Chapter 20.10


20.10.010    Construction standards.

20.10.020    Construction codes.

20.10.030    Construction permits.

20.10.040    Applications.

20.10.050    Engineer’s certification.

20.10.060    Traffic control plan.

20.10.070    Issuance of permit.

20.10.080    Construction schedule.

20.10.090    Compliance with permit.

20.10.100    Display of permit.

20.10.110    Survey of underground facilities.

20.10.120    Noncomplying work.

20.10.130    Completion of construction.

20.10.140    As-built drawings.

20.10.150    Restoration of improvements.

20.10.160    Landscape restoration.

20.10.170    Location of facilities.

20.10.180    Conduit occupancy.

20.10.190    Occupancy of city-owned conduit.

20.10.200    Construction surety.

20.10.010 Construction standards.

No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the city except as provided in this title; provided, however, this chapter shall be in addition to the requirements of WRMC Title 12, Streets, Sidewalks and Public Places. [Ord. 8-00 § 1, 2000].

20.10.020 Construction codes.

Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including, but not limited to, the National Electrical Safety Code. Telecommunications facilities shall comply with the most recent public works standards and applicable city codes including, but not limited to, WRMC Title 12, Streets, Sidewalks and Public Places, as it now exists or is hereafter amended. [Ord. 8-00 § 1, 2000].

20.10.030 Construction permits.

No person shall construct or install any telecommunications facilities within the city without first obtaining a construction permit therefor; provided, however:

A. No permit shall be issued for the construction or installation of telecommunications facilities within the city unless the telecommunications carrier has filed a registration statement with the city pursuant to this title.

B. No permit shall be issued for the construction or installation of telecommunications facilities in the rights-of-way unless the telecommunications carrier has applied for and received a franchise or license pursuant to this title.

C. Unless otherwise provided by law, franchise or license, no permit shall be issued for the construction or installation of telecommunications facilities without payment of all fees pursuant to this title.

D. No permit shall be issued to cut any public way, the surface of which is less than five years old, unless the grantee overlays the surface of any public way which is cut by the grantee. [Ord. 8-00 § 1, 2000].

20.10.040 Applications.

Applications for permits to construct telecommunications facilities shall be submitted upon forms provided by the city. The applicant shall pay all associated fees and shall include any additional information as requested by the public works director. The application shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:

A. That the facilities will be constructed in accordance with all applicable codes, rules and regulations.

B. The location and route of all facilities to be installed on existing utility poles.

C. The location and route of all facilities to be located under the surface of the ground, including line and grade proposed for the burial at all points along the route which are within the rights-of-way.

D. To the extent such information is made accessible to grantee, the location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the rights-of-way along the route proposed by the applicant.

E. The location of all other facilities to be constructed within the city, but not within the rights-of-way.

F. The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the rights-of-way.

G. The location, dimension and types of all trees within or adjacent to the rights-of-way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction. [Ord. 8-00 § 1, 2000].

20.10.050 Engineer’s certification.

Unless otherwise provided in a license or franchise, all permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. The engineer shall also provide a certificate of the construction cost estimate. [Ord. 8-00 § 1, 2000].

20.10.060 Traffic control plan.

All permit applications which involve work on, in, under, across or along any rights-of-way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed. [Ord. 8-00 § 1, 2000].

20.10.070 Issuance of permit.

Within 45 days after submission of all plans and documents required of the applicant and payment of necessary permit fees, the public works director, if satisfied that the application, plans and documents comply with all requirements of this title, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the public works director may deem necessary or appropriate. [Ord. 8-00 § 1, 2000].

20.10.080 Construction schedule.

The permittee shall submit a written construction schedule to the public works director 10 working days before commencing any work in or about the rights-of-way. The permittee shall further provide written notification to the public works director not less than five working days in advance of any excavation or work in the rights-of-way. [Ord. 8-00 § 1, 2000].

20.10.090 Compliance with permit.

All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The public works director and his or her representative shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. [Ord. 8-00 § 1, 2000].

20.10.100 Display of permit.

The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the public works director at all times when construction work is occurring. [Ord. 8-00 § 1, 2000].

20.10.110 Survey of underground facilities.

If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standards, the permittee shall cause the location of its facilities to be verified by a registered Washington land surveyor. The permittee, at its expense, shall relocate any facilities which are not located in compliance with permit requirements. [Ord. 8-00 § 1, 2000].

20.10.120 Noncomplying work.

Upon order of the public works director, all work which does not comply with the permit, the approved plans or specifications for the work or the requirements of this title shall be removed. [Ord. 8-00 § 1, 2000].

20.10.130 Completion of construction.

The permittee shall promptly complete all construction activities so as to minimize disruption of the rights-of-way and other public and private property. All construction work authorized by a permit within rights-of-way, including restoration, must be completed within 90 days of the date of issuance or at such other interval as the city may specify in writing upon issuance of the permit. [Ord. 8-00 § 1, 2000].

20.10.140 As-built drawings.

Within 30 days after completion of construction, the permittee shall furnish the public works director with one complete sets of plans, drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit and an AutoCAD compatible disc with a complete set of plans prepared on a one to one scale. [Ord. 8-00 § 1, 2000].

20.10.150 Restoration of improvements.

Upon completion of any construction work, the permittee shall promptly repair, but in no event longer than such time as may be established by the city during permit review, any and all public and private property, improvements, fixtures, structures and facilities which are damaged during the course of construction, restoring the same to their condition before construction commenced. [Ord. 8-00 § 1, 2000].

20.10.160 Landscape restoration.

A. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, operation, repair or replacement of telecommunications facilities, which is done pursuant to a franchise, license or permit, shall be replaced or restored to the condition existing prior to performance of the work.

B. All restoration work within the rights-of-way shall be done in accordance with landscape plans approved by the public works director. [Ord. 8-00 § 1, 2000].

20.10.170 Location of facilities.

Unless otherwise required in current or future city ordinances regarding underground construction requirements, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:

A. Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.

B. A franchisee with written authorization to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.

C. Whenever all existing telephone, electric utilities, cable facilities or telecommunications facilities are located underground within rights-of-way, a franchisee with written authorization to occupy the same rights-of-way must also locate its telecommunications facilities underground.

D. Whenever all new or existing telephone, electric utilities, cable facilities or telecommunications facilities are located or relocated underground within rights-of-way, a franchisee that currently occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense. [Ord. 8-00 § 1, 2000].

20.10.180 Conduit occupancy.

In furtherance of the public purpose of reduction of right-of-way excavation, it is the goal of the city to encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of excess conduit capacity for occupancy of future right-of-way occupants. Therefore, if a franchisee or licensee is constructing underground conduit for its own telecommunications facility, and the city reasonably determines such construction is in an area in which another telecommunications provider(s) may also construct telecommunications facilities in the future, the city may require the franchisee or licensee to construct excess conduit capacity in the rights-of-way, provided the expense of such excess capacity shall be borne by the city (calculated as the difference between what grantee would have paid for the construction of its conduit and the additional cost only of the excess conduit). Grantee may either lease the excess conduit to the city at a rate of $1.00 for the term of the franchise or license (in which case the city will be permitted to sublease the excess conduit at its sole discretion), or grantee may manage the excess conduit itself and be permitted to charge a reasonable market lease rate for occupancy of the additional conduit space, provided such lease revenues shall be first applied to reimburse the city for its actual contribution to the construction of the excess conduit (plus interest compounded at the rate the city invested its funds during the time in question). [Ord. 8-00 § 1, 2000].

20.10.190 Occupancy of city-owned conduit.

In furtherance of the same objectives of WRMC 20.10.180, if the city owns or leases conduit in the path of grantee’s proposed telecommunications facilities, and provided it is technologically feasible for grantee to occupy the conduit owned or leased by the city, grantee shall be required to occupy the conduit owned or leased by the city in order to reduce the necessity to excavate the rights-of-way. Grantee shall pay to the city a fee for such occupancy which shall be the cost grantee would have expended to construct its own conduit from the outset, as certified by the grantee’s engineer and approved by the city engineer. The city and grantee may agree to amortize the fee through annual payments to the city over the term of the license or franchise, including the time value of money. [Ord. 8-00 § 1, 2000].

20.10.200 Construction surety.

Prior to issuance of a construction permit, the permittee shall provide a construction bond, as provided in WRMC Title 12, Streets, Sidewalks and Public Places. [Ord. 8-00 § 1, 2000].