Chapter 12.08
WORK WITHIN THE PUBLIC RIGHT-OF-WAY
Sections:
12.08.030 Bonding and insurance.
12.08.040 Maintenance of traffic.
12.08.070 Reservation of city rights.
12.08.080 Grantee responsibilities – Indemnification.
12.08.010 Permit.
No person, firm, corporation, joint stock company, partnership, association or otherwise, whether of a private or governmental nature, and excepting therefrom only the city itself by its duly authorized agents or employees, shall perform any work over, along, under or across any public right-of-way within the incorporated limits of the city as presently or hereafter constituted, prior to obtaining a permit for said work. Work is defined as activity which digs up, breaks, excavates, tunnels, undermines the public right-of-way, the placement of earth or other excavated material obstructing or interfering with the free use of the public right-of-way, and/or the removal of trees located within the public right-of-way. Work shall also include any activity that disturbs or impedes the flow of traffic, pedestrians, or bicyclists within the public right-of-way. (Ord. 1714 § 5, 2024; Ord. 1601 § 1, 2018; Ord. 606A § 2, 1989).
12.08.020 Fees.
Where permits are required by this chapter, the fee for said permit shall be $300.00.
A. Right-of-way (ROW) permit fees charged by Pierce County and the city of Auburn for work on the city of Bonney Lake’s water or sewer systems within the county or Auburn rights-of-way, which are paid for by the city as the franchisee prior to start of construction, shall be charged to the developer. Commercial and residential developments connecting to the city utility systems shall prepay the ROW fee to the city of Bonney Lake prior to issuance of any permit for construction in the ROW. Should the permit fees increase during construction, the developer shall pay the city the difference within 30 days of notification of the permit fee increase. (Ord. 1601 § 1, 2018; Ord. 1488 § 1, 2014; Ord. 606A § 3, 1989).
12.08.030 Bonding and insurance.
A street restoration bond is required for the protection of the city. The bond shall be for a minimum of $5,000 if the proposed work does not exceed this minimum amount. If the proposed work exceeds the minimum amount a bond up to 150 percent of the engineer’s estimate will be required. Bonding percentage value up to 150 percent to be determined by the city engineer.
Contractors or utility owners working within the public right-of-way will carry liability insurance in an amount of at least $1,000,000 and will provide the city with a certificate of insurance which names the city as a coinsured for all work they perform within the city’s right-of-way. Evidence of a credible self-insurance program may be substituted for this insurance requirement; provided, that prior approval is given by the city. (Ord. 1601 § 1, 2018; Ord. 606A § 4, 1989).
12.08.040 Maintenance of traffic.
During the progress of the work, such barriers and warning signs shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public; the barriers shall be properly lighted when in place during hours of darkness and/or as required by the city. At no time during construction will any roadway be entirely closed. One-way traffic shall be maintained at all times unless an approved, signed detour route is established. All traffic control shall comply with the M.U.T.C.D. All flag persons shall be qualified and shall have a flagger’s card as issued by the Department of Labor and Industries on their person while performing the duties of a flagger. All flaggers shall wear the proper safety equipment as required by the Department of Labor and Industries. (Ord. 1601 § 1, 2018; Ord. 606A § 5, 1989).
12.08.050 Hours of work.
No work will be permitted on Saturday, Sunday or any holiday, or between the hours of 7:00 p.m. and 7:00 a.m. of any working day, except in case of emergency and then only upon notification of the city. (Ord. 1601 § 1, 2018; Ord. 1258 § 1, 2007; Ord. 606A § 6, 1989).
12.08.060 Notification.
The permit holder shall be responsible for a 48-hour notification prior to start of construction of any impacted commercial and residential parties. The following will be notified at a minimum:
A. Bonney Lake police department;
B. East Pierce fire department;
C. Sumner School District;
D. United States Post Office;
E. Bonney Lake public works department (operations and maintenance supervisor).
F. Franchise utilities (PSE, phone, cable, fiber, etc.). (Ord. 1601 § 1, 2018; Ord. 606A § 7, 1989).
12.08.070 Reservation of city rights.
The city reserves the right to order the change of location or the removal of any structure or structures authorized by permit granted pursuant to this chapter at any time; said change or removal will be made at the sole expense of the party or parties to whom the permit is issued, or their successors and assigns.
All such changes, reconstruction or relocation by the grantees shall be done in such manner as will cause the least interference with any of the city’s work and the city shall in no wise be held liable for any damage to the grantee by reason of any such work by the city, its agents or representatives or by the exercise of any rights by the city upon the roads, streets, public places or structures in question.
The city may revoke, amend, or terminate the permit if grantee fails to comply with any of the permit conditions, the provisions of this chapter, or any other applicable provisions of the BLMC. (Ord. 1601 § 1, 2018; Ord. 606A § 8, 1989).
12.08.080 Grantee responsibilities – Indemnification.
A. As a condition of receiving a permit, the grantee, its successors or assigns, shall agree to indemnify the city from and against claims made against the city for injuries or damages arising out of work performed pursuant to the permit.
B. If the work done under the permit interferes in any way with the drainage of the city streets, or causes damage, the grantee shall wholly and at his own expense make such provisions as the mayor or their designee may direct to take care of said drainage and/or damage.
C. On completion of said work herein contemplated, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the mayor or their designee.
D. Grantee shall comply with all applicable state and local regulations and codes as well as the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction.
E. The grantee shall be responsible for and will make at its own expense any changes that may be required in the location of work constructed under permits issued under this chapter.
F. The issuance of any permit shall not prohibit the city from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the city from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part for them, none of which is hereby surrendered.
G. The party or parties to whom a permit is issued shall maintain at their sole expense the structure or object for which the permit is granted in a condition satisfactory to the mayor or their designee.
H. Any damage or injury done to the property of the grantee or any expense incurred while performing any work related to the permit shall be at the sole expense of the grantee, his successors or assigns. (Ord. 1601 § 1, 2018; Ord. 606A § 9, 1989).
12.08.090 Standards.
A. All final asphalt cuts will be made by saw cutting; wheel or jackhammer cuts will not be allowed unless the entire street is to be overlaid;
B. All backfill under asphalt paving and/or within four feet of the edge of pavement will be crushed rock meeting WSDOT’s specification for crushed surfacing or other material deemed suitable by the mayor or their designee.
C. All backfill under asphalt paving will be placed in layers and each layer will be mechanically compacted using vibratory compactors capable of attaining the required compaction. Minimum compaction for all trenches under asphalt or within four feet of the edge of pavement will be 95 percent of the standard proctor density. Minimum density for all other areas within the public right-of-way shall be 90 percent of the standard proctor density. Inspection and/or testing if required by the city shall be at the sole expense of the permittee.
D. All buried pipelines, cable or wiring installed within the public right-of-way shall have at least 36 inches minimum cover unless written approval of the mayor or their designee is secured prior to actual construction.
E. All nonmetallic pipelines shall have 16 gauge minimum size copper locator wires buried with the pipe. Locator wires shall be brought to the surface at approximate 400-foot intervals to allow locators to connect to the locator wires. Connection to residential gas meters or telephone pedestals will serve to meet this requirement.
F. All utilities installed after the effective date of this chapter will be installed in conduit where they cross or lie under the traveled portion of the roadway or where they lie within two feet of the edge of pavement. Piping used as conduit shall be appropriately sized and shall be at least Schedule 40 PVC where other regulations do not exist and/or take precedence.
G. A temporary patch of cold mix asphalt shall be installed on all asphalt cuts at the completion of the backfill and compaction process and at the end of each day during which a project is ongoing. The permittee is required to maintain all patches to conform to the original cross section and grades of the surrounding road. Permittees or their contractors must make required repairs to trench patches within 24 hours when repairs are required to maintain the safety of the public roadway. Where permittees, their agents or employees fail to make repairs required by the city within 24 hours the city may cause the repairs to be made and the total cost of those repairs together with the city’s overhead and attorney fees shall be borne by the permittee or the permittee’s bonding company. No new permits will be issued and no work will be allowed on other existing permits while any person, company or entity is in default of any of the provisions of this chapter.
H. Final restoration must be completed as soon as possible using two-inch minimum thickness of Class B ACP. All patches will be constructed using best practice and are required to meet or exceed WSDOT Standard Specifications for thickness of asphalt, smoothness and compaction. Sealing of all patch edges with hot asphalt following completion of each patch is required.
I. Overlays required by provisions of this chapter will be constructed of ACP meeting the WSDOT requirements for Class B ACP and will be at least 10 feet in thickness. (Ord. 1601 § 1, 2018; Ord. 606A § 10, 1989).
12.08.100 Billings for utility companies.
Repealed by Ord. 1601. (Ord. 606A § 11, 1989).
12.08.110 Enforcement.
A. In the event that work is commenced without a permit required by this chapter, the city may order such unauthorized work to cease and may cause the right-of-way to be restored to its original condition at the expense of the person or entity performing the work. Except, that in those cases where emergency repairs are required, work may start immediately without prior approval from the city. Permits covering the emergency repairs shall be applied for as soon as the extent of the repair is determined.
B. Violations of this chapter shall be enforced through the provisions of Chapter 14.130 BLMC. (Ord. 1714 § 6, 2024; Ord. 1601 § 1, 2018; Ord. 606A § 12, 1989).
12.08.120 Variance.
Repealed by Ord. 1601. (Ord. 606A § 13, 1989).