Chapter 12.06
WORK ON PUBLIC RIGHTS-OF-WAY
Sections:
12.06.020 Permit – Application and appeal procedures.
12.06.030 Permit – Applicant must agree to save city harmless.
12.06.050 Permit – Requirements.
12.06.060 Bond or cash for work on improved right-of-way required – Exceptions.
12.06.070 Excavation – Permittee responsibility.
12.06.090 City nonapplicability.
12.06.010 Permit – Required.
No person shall do work affecting the public rights-of-way without first obtaining a public improvement permit from the director of public works, referred to in this chapter as the director. Work affecting the public rights-of-way includes, but is not limited to, construction, excavation of a sidewalk, street, curb, driveway, culvert or ditch in a public right-of-way; but does not include the construction of public improvements performed by the city. (Ord. 579 § 1, 1978)
12.06.020 Permit – Application and appeal procedures.
(1) Application for a public improvement work permit shall be made to the director on forms provided by him.
(2) The director may require drawings, surveys and plans as he deems necessary to determine whether the proposed work conforms to this chapter, standard specifications of the city and sound engineering and design practice.
(3) Upon receipt of the approved application and such other requirements as he deems necessary, together with the payment of the required fee, the director shall issue the permit.
(4) If the director denies a permit, the applicant shall have the right of appeal to the city council within 10 days from the denial date. (Ord. 579 § 2, 1978)
12.06.030 Permit – Applicant must agree to save city harmless.
No person shall be issued a permit as provided in this chapter unless the applicant agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue, by reason of any work performed under said permit. (Ord. 579 § 3, 1978)
12.06.040 Permit – Fees.
An application for a public improvement work permit must be accompanied by a fee set by the council. (Ord. 579 § 4, 1978)
12.06.050 Permit – Requirements.
The permit shall require that all utility works, fixtures, and equipment which are laid underground shall be laid at a minimum depth of 30 inches below the city established street grade or alley grade and a minimum of 30 inches below the ground level in utility easements. The permit shall further require in case it becomes necessary for the proper or necessary public use of any street, alley or other public ground of the city that any pipes heretofore laid be moved or removed or that any use made thereof by a public franchise holder or any permittee be discontinued. The director shall give written notice to the permittee or franchise holder or to his assigns to move or remove the same within a reasonable time. In case of failure to comply with such requirement the city may remove the same and assess the costs of such removal to the permittee or franchise holder or his assigns; provided, however, that where any work in the public rights-of-way as set forth in WMC 12.06.010 is incidental to or included in another work permit such as a building/sewer permit, no public rights-of-way shall be required except where said work will affect an improved roadway. (Ord. 579 § 5, 1978)
12.06.060 Bond or cash for work on improved right-of-way required – Exceptions.
Before issuing a permit for work affecting the public rights-of-way, the director shall require the applicant to deposit a sum, in cash or bond, which in his judgment will be necessary to restore, repair, and replace the public rights-of-way to their former condition should the applicant fail to do so. Where work is performed in an unimproved public right-of-way no bond shall be required. This sum shall not be held for more than six months. The director shall thereupon examine the work area covered by the permit in question and if he finds the excavation fully restored to its former condition and settled, he shall endorse his approval on the permit, and the clerk-treasurer shall refund the deposit. Where the permittee or his agent or contractor is licensed and bonded, pursuant to Chapter 18.27 RCW, or any successor statute, and where the work or the value of the work and or restoration does not in the judgment of the director of public works exceed the bond filed with the state, no deposit or bond shall be required. (Ord. 579 § 6, 1978)
12.06.070 Excavation – Permittee responsibility.
A person receiving a permit to excavate any public right-of-way shall take all reasonable precautions to prevent injury to the public and to the city during the excavation, shall faithfully observe and perform the permit provisions, shall excavate and restore within the period of time granted and shall restore the street to its previous condition. The permittee shall remedy and reconstruct any settlement or defect that appears within six months of the excavation. (Ord. 579 § 7, 1978)
12.06.080 Refund of deposit.
At the expiration of six months, the sum deposited as provided in WMC 12.06.060 shall be refunded, if approved by the director. (Ord. 579 § 8, 1978)
12.06.090 City nonapplicability.
The city and its departments are excepted and exempted from the provisions of this chapter. (Ord. 579 § 9, 1978)