Chapter 11.04
STREET EXCAVATIONS

Sections:

11.04.010    Permit – Required.

11.04.020    Application – Contents.

11.04.030    Restrictions.

11.04.040    Backfilling and restoration.

11.04.050    Security requirements.

11.04.060    Specifications.

11.04.070    Permit and inspection fees required.

11.04.080    Appeals.

11.04.090    Triple charges for work done without permit.

11.04.100    Hold harmless clause.

11.04.010 Permit – Required.

(1) No person, firm, corporation or other legal entity shall excavate, tunnel under, fill in, grade, pave, level, alter, construct, repair, remove or excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, water main or any other structure or improvement located over, under or upon any public street, highway, avenue, alley or public right-of-way within the city limits of the city of Puyallup without first obtaining a written permit to do so from the city engineer. The permit shall be requested upon an application form as provided at the office of the city engineer; and upon approval of the application by the city engineer, a permit shall be issued.

(2) In the event of an emergency occurring after office hours, at night, on Sundays, or legal holidays, when an excavation may be necessary for the protection of public or private property; the same can be made after the person making such excavation has notified the police and fire department of such work; an application for a written permit as provided in this chapter shall be made on the next succeeding business day whether or not the emergency work has been completed.

(3) Work for which a permit has been issued shall commence within 180 calendar days after issuance; if not so commenced, the permit shall be automatically terminated unless the permittee applies to the city engineer for an extension of time within which to commence work, and if such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. Every permit shall expire at the time stated in the permit, at which time the excavation must be closed and brought to grade unless an extension of time is granted by the city engineer. Permits which terminate may be renewed only upon payment of an additional permit fee as originally required.

(4) Permits are nontransferable from one person to another and the work shall not be made in any place other than the location specified in the permit. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.020 Application – Contents.

The application shall contain the following information:

(1) Name and address of applicant.

(2) For whom the work is to be done.

(3) General nature and extent of work to be done.

(4) If required by the city engineer, plans and specifications shall also be furnished.

(5) Location of work.

(6) Such other pertinent information as may be reasonably required to fully set forth the nature and extent of the work and the estimated time required for its completion, including traffic control.

(7) Estimated cost of the improvements including labor and materials (if determined necessary). (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.030 Restrictions.

(1) Traffic control shall be in accordance with the Manual of Uniform Traffic Control Devices as amended by the Washington Department of Transportation (MUTCD).

(2) The permittee will not interfere with any existing facilities without the consent of the owner of the facility. In the event facilities are damaged, they shall be repaired at the permittee’s expense.

(3) Monuments of concrete, iron, or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point of a permanent survey bench mark within the city shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the city engineer.

(4) The permittee will at all times and at his own expense preserve and protect from injury any properties adjoining the work.

(5) When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the city engineer.

(6) When any earth, gravel, waste materials from sawcutting or paving, or other excavated material is caused to roll, flow, or wash upon any street, storm drain, catch basin or any other facility, the permittee shall cause the same to be removed from the street immediately after deposit, or as directed by the city engineer. In the event the earth, gravel, waste materials from sawcutting or paving, or other excavated material so deposited is not removed, the city engineer shall cause such removal and the cost incurred shall be paid by the permittee.

(7) Every permittee shall place around the project such barriers, barricades, lights, warning flags and danger signs as required by the MUTCD for the protection of the public. Whenever any permittee fails to provide proper safety devices, within a reasonable time after being notified, such devices may be installed and maintained by the city or its contracted representative. The cost incurred shall be paid by the permittee.

(8) Every reasonable effort must be made to maintain free access at all times to fire hydrants, fire stations, all other vital and essential public structures, equipment, and facilities, and to private driveways.

(9) In granting any permit, the city engineer may attach such other conditions thereto as may be reasonably necessary, as identified in federal, state or local codes, standards or guidelines to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include but shall not be limited to:

(a) Limitations on the hour, the day and the period of the year in which the work may be performed;

(b) Restrictions as to the size and type of excavating equipment;

(c) Designation of routes upon which materials may be transported;

(d) The manner of removal of excavated materials;

(e) Requirements as to the control of dust nuisance, control of surface water impacts, the cleaning of street and the prevention of noise and other results offensive or injurious to the neighborhood, the general public, or any portion thereof. Additionally, at any time conditions unforeseen at the time of issuance of the permit are discovered which could, in the opinion of the city engineer, cause unforeseen damage to public or private property or a hazard to life or property or become a public nuisance, the city engineer may forthwith order the stoppage of any further work under the permit until the permit conditions have been modified by the city engineer in such a manner as to protect from or eliminate the potential damages, hazards or nuisances enumerated in this chapter. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.040 Backfilling and restoration.

(1) All pavement cuts, openings and excavations shall be properly made, backfilled, compacted, and temporarily surfaced by the permittee according to city specifications. Temporary surfacing must be installed within 24 hours after the trench is backfilled or as directed by city engineer.

(2) The city engineer must be notified by the permittee prior to the 48-hour period preceding beginning of backfilling of the date and approximate time at which backfilling will begin.

(3) Temporary patching shall be done by the permittee, and it is the responsibility of the permittee to maintain the temporary patch for a period not to exceed 30 days or until weather conditions permit placement of the permanent patch.

(4) If the city engineer finds that paving surfaces adjacent to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another or where the equipment used may cause such damage, he may require an overlay or a negotiated contribution from the permittee for the resurfacing in place of patching of such street if the total area of the proposed patch or probably damaged area exceeds 25 percent of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit. Such contributions shall be in addition to the standard permit fee.

(5) After excavation is commenced, the work to be performed under the permit shall be prosecuted with due diligence to completion.

(6) The city engineer shall make such inspection as he may deem necessary of all work authorized by a permit.

(7) In the event the permittee abandons any facilities within the public area, the city may require the permittee to remove such abandoned facilities at his expense or to reimburse the city for removal of such abandoned facilities.

(8) The top of any structure or facility, excepting entrances thereto, shall not hereafter be placed less than 18 inches below the surface of a public area unless approved by the city engineer.

(9) The permittee shall notify the city engineer in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final approval will be issued by the city engineer to each permittee no sooner than two years after the permanent restoration of the excavation has been made; provided, that the work authorized by the permit has been performed according to city specifications. Any settlement in a restored area which has occurred within the two-year period following completion of the permanent restoration shall be repaired by the permittee or any expense incurred by the city in correcting such settlement shall be paid by the permittee unless the permittee submits proof satisfactory to the city engineer that the settlement was not due to defective backfilling. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.050 Security requirements.

(1) Before a permit pursuant to the provisions of this chapter may be issued the applicant may be required to execute to the city a bond in such sum as shall be designated by the city engineer as necessary (but not less than 150 percent of the estimated cost of the improvements) for the proper protection of the city and conditioned that obligors of the bond will pay to the city the costs and expenses incurred by the city should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limit specified by said permit (with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission).

(2) In lieu of special bonds to cover particular work, an applicant may maintain with the city a general bond in the sum of $5,000 conditioned and used for the same purpose as the special bond described in subsection (1), and covering all work to be done rather than any particular work, provided, however, that the total work being performed shall not exceed $5,000.

(3) Before a permit shall be issued for any of the purposes designated in this chapter, any applicant, with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission shall file with the city engineer a certificate of insurance evidencing commercial general liability insurance with minimum limits of $1,000,000 combined single limits per occurrence, and a copy of the endorsement naming the city as an additional insured. (Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.060 Specifications.

Specifications outlined under Chapter 17.42 PMC designating the method of street cutting, excavation, disposal of excavated material, backfilling, and the replacement of concrete or asphaltic materials are to be maintained on the city’s website. It is unlawful for any person to deviate from the provisions of these specifications without prior written approval from the city engineer. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2373 § 1, 1993; Ord. 1827 § 1, 1980).

11.04.070 Permit and inspection fees required.

Permit and inspection fees are determined by the Puyallup city council under separate resolution. Permit fees shall be paid prior to issuance of a permit with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission who shall be billed on a monthly basis. Inspection fees and charges for that portion of the work, if any, to be done by the city shall be paid prior to the issuance of a final inspection or certificate of occupancy. (Ord. 2373 § 1, 1993).

11.04.080 Appeals.

All appeals arising from this title shall be governed by the procedures set forth in Chapter 2.54 PMC. (Options for review and appeal of decisions of the hearing examiner are found in PMC 2.54.170.) (Ord. 2373 § 1, 1993).

11.04.090 Triple charges for work done without permit.

In addition to any other penalty provided by the Puyallup Municipal Code, work started without a permit will be penalized by triple charges for the permit and associated inspection, except in the event of an emergency as herein provided. (Ord. 2373 § 1, 1993).

11.04.100 Hold harmless clause.

Neither the city of Puyallup nor any employee thereof shall be responsible for any error appearing in any map in the office of the director of public works or the city engineer. (Ord. 2373 § 1, 1993).