Chapter 12.14
PUBLIC RIGHT-OF-WAY EXCAVATIONS1
Sections:
12.14.030 Indemnification and hold harmless.
12.14.050 Prohibited excavation.
12.14.080 Construction standards.
12.14.090 Failure to perform excavation – Remedy.
12.14.100 Violation – Penalty.
12.14.010 Permit.
Prior to commencing any excavation or disturbance of the surface of a public right-of-way, all persons or entities must obtain an excavation permit from the public works director. Excavation or disturbance of the public right-of-way includes, but is not limited to, construction, reconstruction, grading, oiling, repair, or opening of a sidewalk, street, or curb. (Ord. 1544 § 1, 2022)
12.14.020 Permit application.
The public works director or their designee shall provide an excavation permit application form to all persons or entities that desire to perform any of the activities referred to in ZMC 12.14.010. The excavation permit application form shall be approved by the public works director to including information deemed reasonable or necessary to determine issuance, conditions, or requirements for work within the public right-of-way.
The public works director may require additional information deemed reasonable or necessary to determine for the permit, including but not limited to the following:
A. The purpose, a plan or drawing, and a schedule for the proposed period of excavation; and
B. A copy of the contractor’s and all subcontractors’ state licensing and current city of Zillah business licenses; and
C. Application must include traffic control plans, if necessary. If traffic control measures are required, the application must be submitted 28 days prior to expected commencement of the project. The public works director or their designee may review the scope of the project and reduce the 28-day requirement down to 14 days.
D. The permittee shall, at a minimum, be responsible for public safety as follows:
1. Comply with all current federal, state and local safety regulations and all federal and state disability laws including those requiring an accessible path of travel.
2. Utilize appropriate traffic control, per the Manual on Uniform Traffic Control Devices (MUTCD), at all times for the duration of the permit.
3. A legible traffic control plan shall be included with all permit applications by the applicant unless a traffic control plan has already been submitted and approved.
a. Traffic control plans shall be designed and drawn, using MUTCD standards, by an American Traffic Safety Services Association (ATSSA), or equivalent certifying entity, certified traffic control supervisor.
i. A “training” grace period of 90 days, from the date the ordinance codified in this chapter is enacted, will be allowed for persons designing and drawing traffic control plans to be certified.
4. Excavations shall not be left unprotected at the end of a shift unless continuous shifts are planned.
a. Backfill, steel plates, security fencing and other safety options may be considered on a case-by-case basis by the city.
b. Barricades, warning tape and plastic fence are not acceptable alternatives. (Ord. 1544 § 1, 2022)
12.14.030 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’s fees, arising from or related to any permit issued hereunder or the construction or improvements allowed pursuance to the permit, except as may be caused by the sole negligence or willful conduct on the part of the city of Zillah. (Ord. 1544 § 1, 2022)
12.14.040 Permit fee.
A permit fee shall be charged by the director for the review of permit application and engineering plans and for issuance of a right-of-way excavation permit which shall be in addition to all other fees for permit or charges relative to any proposed construction work.
A. For Trenching. A permit fee to cover administration and inspection costs shall be $100.00 base fee.
B. No fee or requirement authorized or imposed pursuant to this chapter shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any public right-of-way to relocate the facilities at no cost to the city, in the event that relocation is required by the city to accommodate public safety within the public right-of-way. Any directive must comply with RCW 35.99.060, Relocation of Facilities – Notice – Reimbursement. (Ord. 1544 § 1, 2022)
12.14.045 Additional fees.
The age of the street pavement where excavation occurs shall be the period of time since the street surface was resurfaced, had a recent overlay or was reconstructed, measured from the fiscal year in which such work was completed to the fiscal year when a permit is issued for the excavation.
Excavation Cost Recovery Fees.
A. Longitudinal Excavation (Length).
1. Between six and 10 years: $7.00 per linear foot.
2. Between 10 and 15 years: $5.00 per linear foot.
3. Over 15 years: $3.00 per linear foot.
B. Transverse Excavation (Width).
1. Between six and 10 years: $9.00 per linear foot.
2. Between 10 and 15 years: $8.00 per linear foot.
3. Over 15 years: $5.00 per linear foot. (Ord. 1544 § 1, 2022)
12.14.050 Prohibited excavation.
A. No excavation permits shall be granted for proposed excavation work that would disturb the surfaces of a public right-of-way that has been installed or completely resurfaced within the five-year period preceding the date on which the applicant proposes to commence the excavation work; provided, that this subsection shall not apply to excavation permit applications when the excavation is required to provide new services to buildings or residences constructed subsequent to the completion or complete 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 as determined by the public works director.
1. Exceptions:
a. Emergencies that endanger life, property, or public health and safety.
b. Interruption of essential utility service(s).
c. Work mandated by city, state, or federal legislation.
d. New service to a specific location cannot be reasonably provided by another route or using trenchless technology methods. (Cost is not a consideration.)
e. Minor core drilling or potholing (maximum eight-inch bell hole) to locate utilities. (Ord. 1544 § 1, 2022)
12.14.060 Performance.
A. All excavation work performed on public rights-of-way shall be completed within the time established by the public works director at the issuance of the excavation permit.
B. The applicant shall restore the sidewalks, streets and curbs affected by the excavation work to the conditions existing prior to the commencement of excavation, subject to the standards set forth in ZMC 12.14.080 and subject to the approval of the city engineer.
1. Lateral cuts perpendicular to the flow of traffic shall have the pavement removed and replaced a minimum of 25 feet wide, centered on the trench cut, to include the full width of each travel lane or shoulder disturbed by the cut or excavation. Removal shall be by grinding pavement a minimum of 1.75 inches deep, or by saw cutting and excavation. Paving shall be accomplished with a paving machine.
2. Longitudinal cuts parallel with the flow of traffic shall have the pavement removed and replaced to include the full width of each travel lane or shoulder disturbed by the cut or excavation. The minimum longitudinal patch length shall be 25 feet. Removal shall be by grinding pavement a minimum of 1.75 inches deep, or by saw cutting and excavation. Paving shall be accomplished with a paving machine.
3. For lateral patches less than 25 feet apart from edge-of-patch to edge-of-patch, work shall be incorporated into a single patch. For longitudinal patches, if the outside travel lane is patched, the adjacent paved shoulder shall also be replaced if less than four feet of width remains.
4. All patches shall be at least as thick as the adjacent road section or shall meet the public works standards’ minimum road section thickness for the classification of the street, whichever is thicker.
5. Minor core-drilled holes and potholes shall be backfilled with control density fill (CDF), or as approved by the director.
6. All patches shall have the perimeter joints of the patch crack sealed.
7. Disturbed traffic markings and striping shall be restored with approved in-kind materials. (Ord. 1544 § 1, 2022)
12.14.065 Appeal.
If the public works director denies an application, the applicant’s remedy shall be to appeal to the city council. The applicant shall file a written notice of appeal with the city administrator within 15 days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the public works director. At the next regular city council meeting following receipt by the city administrator of the applicant’s notice of appeal, the city council shall set a date to hear the applicant’s appeal. The city council shall conduct a hearing on the applicant’s appeal within 45 days of the date the city administrator received the notice of appeal. A majority vote of the city council shall be required to reverse the decision of the public works director. (Ord. 1544 § 1, 2022)
12.14.070 Notice required.
The permittee shall give to the director notice not less than 72 hours before any work under a construction permit is commenced and shall notify the director upon completion of the work. In the event of an unexpected repair or emergency, a permittee may commence work as required under the circumstances, provided the permittee obtains a construction permit within 48 hours after work is commenced. Unexpected repairs and emergency work shall comply with all other requirements of this chapter. (Ord. 1544 § 1, 2022)
12.14.080 Construction standards.
All work within the city right-of-way shall be in accordance with the design and construction standards set forth in Chapter 15.10 ZMC, public works standards in effect at the time of the permit issuances, or as set forth in the permit. (Ord. 1544 § 1, 2022)
12.14.090 Failure to perform excavation – Remedy.
In the event the applicant fails to comply with permit requirements or restore the public right-of-way to condition established by the public works director, the public works director shall provide written notice to the permit holder identifying and directing the repair or completion of the deficiencies within a reasonable period not to exceed five days after receipt of the written notice. After the expiration of the reasonable completion period, the public works director may cause the necessary work to be performed and the permit holder shall be responsible for all costs and expense including administrative charge, incurred with respect to repair or completion of such work. The remedies provided in this section are not exclusive and the city retains the right to enforce the provisions of this chapter by commencing legal or equitable action against the applicant. (Ord. 1544 § 1, 2022)
12.14.100 Violation – Penalty.
A. Any individual who shall violate any of the provisions of this chapter or who shall violate or fail to comply with any order made shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00. Each day any individual is in violation of the provisions of this chapter shall constitute a separate misdemeanor punishable as such.
B. The application of the penalties set forth in subsection (A) of this section shall not prevent the city from enforcing the provisions of this chapter pursuant to the provisions of ZMC 12.14.090. (Ord. 1544 § 1, 2022)
Prior legislation: Ord. 485.