Chapter 22.130
DEVELOPMENT TRANSPORTATION IMPROVEMENTS
Sections:
22.130.020 Regulated activities.
22.130.030 Authority to develop and administer standards.
22.130.050 Manual on Uniform Traffic Control Devices.
22.130.060 Development project and permit review process.
22.130.070 Required improvements.
22.130.080 Repealed.
22.130.090 Conditional use permit.
22.130.100 Right-of-way permit and use requirements.
22.130.010 Purpose.
The purpose of Chapter 22.130 SVMC is to:
A. Maintain the proper function of street infrastructure;
B. Maintain and improve the street safety;
C. Provide for future street expansion;
D. Identify requirements that may be imposed upon development projects and permits defined in SVMC 22.130.020. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007).
22.130.020 Regulated activities.
All new development approvals and permits as set in Chapter 17.80 SVMC, unless exempt pursuant to SVMC 17.80.040, shall comply with Chapter 22.130 SVMC. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007).
22.130.030 Authority to develop and administer standards.
The city manager or designee shall develop and administer the Spokane Valley street standards (SVMC 22.130.040) and require development projects to provide transportation improvements, dedicate right-of-way and border easements. These improvements will be required to achieve the purpose of Chapter 22.130 SVMC and goals of the currently adopted Comprehensive Plan. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 17-004 § 3, 2017; Ord. 09-033 § 3, 2009).
22.130.040 Street standards.
Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts, by reference, the City street standards, and as they may be amended from time to time. The city clerk shall maintain a copy on file. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 16-018 § 7 (Att. B), 2016; Ord. 09-033 § 3, 2009).
22.130.050 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MUTCD), and as it may be amended from time to time, is hereby adopted by reference. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.070).
22.130.060 Development project and permit review process.
Following submittal of a completed application pursuant to Chapter 17.80 SVMC, the project shall be reviewed to determine compliance with all applicable regulations and standards. Additional material and/or analysis may be required to demonstrate compliance. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009).
22.130.070 Required improvements.
A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of Chapter 22.130 SVMC, the city manager or designee shall determine the extent and type of street improvements and right-of-way/border easement dedications to the extent allowed by the law, and pursuant to the following:
1. The Comprehensive Plan;
2. The arterial street map;
3. The street standards (SVMC 22.130.040);
4. The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050;
5. The local street plan;
6. Information submitted by the applicant including any preliminary site plans, engineering reports, or other relevant data;
7. A determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and
8. Portions of the uniform development code, SVMC Titles 17 through 25, that specifically identify required future roadways, streets, or other rights-of-way.
B. Requirements may include but are not limited to:
1. The extent and type of required street improvements pursuant to SVMC 22.130.040;
2. The extent of additional and/or new right-of-way and/or border easement needed to support the required improvements pursuant to SVMC 22.130.040;
3. Participation in capital improvement projects as included on the adopted six-year street improvement plan. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007. Formerly 22.130.030).
22.130.080 Future acquisition areas.
Repealed by Ord. 18-003. (Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008. Formerly 22.130.035).
22.130.090 Conditional use permit.
A. Permit Required. Conditional use permits shall be issued administratively at or before the time development approvals and permits are granted. Conditional use permits shall, at a minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation.
B. Appeals. Any appeal of the administrative decision shall be heard pursuant to Chapter 17.90 SVMC, Appeals. All conditional use permits shall be referenced by a title notice. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 08-006 § 1, 2008. Formerly 22.130.037).
22.130.100 Right-of-way permit and use requirements.
A. Right-of-Way Permit Applicability. Unless exempt from permit requirements, a right-of-way permit is required of any person or company who performs construction work or otherwise engages in activity within existing City rights-of-way, or on City-owned infrastructure. A right-of-way permit authorizes a permittee to perform work or conduct activity in a right-of-way or easement.
Permits shall not be required for the following:
1. Work done by or for the City within its rights-of-way.
2. Work that is two hours or less in duration, as long as that work does not require the closure of more than 50 percent of a nonarterial street, does not close any lanes on an arterial street, does not involve excavation within the rights-of-way, or does not involve cutting or placement of pavement, sidewalks, curbs or gutters.
Exemption from the permit requirements of the SVMC shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the SVMC or any other laws, ordinances or standards of this jurisdiction.
B. Expiration. Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the date of issuance, with a one-time 30-day extension available. Right-of-way permits issued between October 1st and March 31st shall be valid until the following April 30th.
C. Emergency Repairs. In the case of an emergency repair, a private or public utility may commence work prior to obtaining a permit, provided the person responsible for the work obtains a construction permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period.
D. Right-of-Way Permit – Application. No right-of-way permit shall be issued unless a written application is submitted and approved by the City. The application shall, at a minimum, contain the following:
1. Construction plans or drawings approved by the City, if required;
2. A traffic control plan, if the work closes more than 50 percent of the nonarterial street, or closes any lanes on an arterial street;
3. The period of time during which the right-of-way will be obstructed; and
4. Proof of the contractor’s and all subcontractors’ state licensing, insurance and requirements.
Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans prepared by a Washington-licensed engineer at the applicant’s sole cost and expense.
At the discretion of the City, a multiple-use permit may be available for licensed and bonded businesses and public utilities. The multiple-use permit fee will be established by resolution in the master fee schedule. The multiple-use permit shall expire at the end of the City fiscal year. The administrative regulations governing the multiple-use permit shall be written and approved by the City. Failure to comply with the administrative regulations shall be a violation of this code.
E. Right-of-Way Permit Fees. Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule.
F. Notice Required. The applicant shall give the City notice not less than 48 hours before any work or activity is commenced and shall notify the City upon completion of the same. If a traffic control plan is required to be submitted with the application, the applicant shall give the City not less than 72 hours’ notice. In the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of SVMC 22.130.100.
G. Construction Standards. All work within the City rights-of-way shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to current versions of the Spokane Valley street standards; the Spokane Regional Stormwater Manual; the Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA).
H. Maintaining Access. In the event it is necessary for the permittee to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion.
I. Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing City rights-of-way, or on City-owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way.
J. Damage to Existing Infrastructure. All damage to existing public or private infrastructure and/or property during the progress of the construction work or activity shall be repaired by the permittee. Methods and materials for such repair shall conform to adopted City standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City.
K. City’s Right to Restore Right-of-Way and Easements. If the permittee fails to restore any City right-of-way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within one year from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right-of-way construction work.
The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to SVMC 22.130.100. No additional permits shall be granted until the invoice for City-performed work has been paid.
L. Insurance – Evidence. The permittee, prior to the commencement of construction hereunder, shall furnish the City satisfactory evidence in writing that the permittee has in force, during the performance of the construction work or activity, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an additional named insured. The City may reduce the insurance limits if good cause exists.
M. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under SVMC 22.130.100 except as may be caused by the negligence or willful conduct on the part of the City.
N. Rules and Policy. To implement the right-of-way permit and provide for the public health and safety, the City, under the supervision of the city manager, may develop and adopt rules, policies and forms consistent with SVMC 22.130.100. All adopted rules, policies and forms shall be filed with the city clerk.
O. Violations – Penalties. Any person violating the provisions of SVMC 22.130.100 shall be subject to all enforcement actions and penalties pursuant to Chapter 17.100 SVMC. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.060).
22.130.110 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of Chapter 22.130 SVMC shall rest with the permit applicant and their agents. Chapter 22.130 SVMC and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. (Ord. 18-003 § 4 (Att. B), 2018; Ord. 09-033 § 3, 2009; Ord. 07-015 § 4, 2007. Formerly 22.130.090).