Chapter 12.32


12.32.010    Purpose.

12.32.020    Territorial application.

12.32.030    Street excavations prohibited.

12.32.040    Notification of intent to pave.

12.32.050    Deadline for work.

12.32.060    Exceptions.

12.32.070    Restoration.

12.32.010 Purpose.

It is the purpose of this chapter to ensure the longest possible lifespan and use of recently paved streets by limiting the cutting, opening, or other degradation to street surfaces. (Ord. 1847-0314 § 3 (part), 2014)

12.32.020 Territorial application.

This chapter and the procedures adopted under this chapter shall be in effect throughout the city, and shall include city streets designated as parts of the state highway system, but shall not include fully controlled limited access highways. (Ord. 1847-0314 § 3 (part), 2014)

12.32.030 Street excavations prohibited.

Excavation in city streets within five years of street improvements is prohibited. No permit shall be issued for any opening, cuts, or excavations in any city street for a period of five years following the date such street was paved or repaved, except as provided for in Section 12.32.060. (Ord. 1847-0314 § 3 (part), 2014)

12.32.040 Notification of intent to pave.

A.    Whenever paving or repaving of any city street is authorized, the public works director, or designee, shall promptly cause notice of said paving or repaving to be given as follows:

1.    Publication, for two consecutive weeks, in the city’s publication of record.

2.    Announcement of the schedule for the work at a city council meeting.

3.    Posting in at least two conspicuous places on or adjacent to the affected streets.

B.    In addition, written notice of said paving or repaving shall be mailed to the following:

1.    Mason County public works.

2.    Any potentially affected state agencies.

3.    Holders of franchise agreements within city allowing utilities in any public right-of-way within the city.

4.    City departments that may need to perform work within the affected street.

5.    All owners of undeveloped property fronting on affected streets.

6.    All other persons who register with the city clerk to receive such notices.

The anticipated work shall not begin until ninety days after notice has been given. The notice shall state that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years after the date of completion of street paving or repaving. The notice shall also state that application for permits to excavate prior to such street improvements shall be submitted promptly in order that the work covered by the permit may be completed by the deadline established for such work. (Ord. 1921-0518 (part), 2018; Ord. 1847-0314 § 3 (part), 2014)

12.32.050 Deadline for work.

In the case of city projects, all utility work must be accomplished prior to the start of a street improvement as set by the date of city authorization of the construction contract for the project. In the case of non-city projects, work requiring excavation must be complete upon city issuance of a right-of-way permit for the paving or repaving. The public works director, or designee, may set a later deadline if it is determined that allowing more time will not interfere with the planned work. (Ord. 1847-0314 § 3 (part), 2014)

12.32.060 Exceptions.

No permit for excavation shall be issued within the five-year period after expiration of the deadline, unless the public works director, or designee, determines that:

A.    An emergency exists that requires such an excavation to protect the public health, safety, or welfare.

B.    The excavation is required to provide new services to buildings or residences constructed subsequent to the completion of the street improvement project or resurfacing of the public right-of-way that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved.

C.    The applicant can perform the proposed work in a manner that shall not disturb the integrity or surface of the street. (Ord. 1847-0314 § 3 (part), 2014)

12.32.070 Restoration.

In the event permission is granted for a city street to be excavated and pavement is cut within five years of the street improvement, pavement restoration will include but not be limited to:

A.    Lateral (cross traffic) cut: ten feet of asphalt on either side of the pavement cut.

B.    Longitudinal cut: entire length of cut plus ten feet beyond either end of the pavement cut installed per city of Shelton design and construction standards detail T-18. Pavement inlay shall be required for full lane width and one block minimum.

C.    For cuts in chip seal roads: patch per city of Shelton design and construction standards detail T-18 followed by a single shot chip seal with fog seal.

D.    Other engineering requirements as necessary to restore the pavement cut in accordance with the current city of Shelton design and construction standards. (Ord. 1847-0314 § 3 (part), 2014)