12.20A.070 Permits.

A.    General Requirements.

(1)    Unless otherwise exempted (see subsections D and F of this section), a written permit shall be required for each construction activity which requires the occupancy of road right-of-way to install, move or repair a facility which belongs to a utility including private lines. The facility shall only be used for the purpose stated in the permit or supporting franchise unless written approval is granted by the county. Each permit is good for single project duration.

(2)    All initial permits and renewal of expired permits must be requested through the written permit application process by the utility. Contractors will not be allowed to initiate or renew any permit, however contractors may initiate all subsequent actions such as requests for inspections.

(3)    Unless otherwise specified on the permit, all work as specified in a permit shall be completed within six (6) months after the date of issue. Complex and/or large projects may be approved for a maximum permit period of one (1) year. At the end of the original permit period, if the work is not completed and approved by the county, an extension must be requested and approved by the county. Extension requests may be verbal or in writing. All extensions will be limited to an additional six (6) months and an additional application fee will be charged. Once work has started, the utility shall insure prosecution of the work in a diligent and workmanship-like manner without delay. Unreasonable delays, as determined by the county, in completing the permitted work may result in revocation of the permit. In the event of revocation, the county may use its own forces or a private contractor to restore the area. All restoration costs will be billed to the utility. If the utility wishes to complete the project, they will be required to apply for another permit. Projects not started within the six (6) month period will require a new application and permit.

(4)    Permits may be revoked by the county when the utility or the contractor is found in violation of this chapter, the term of the permit, the traffic control plan, or is operating in a manner which it appears might endanger the traveling public or the on-site workers.

(5)    No work may commence prior to permit approval by the county.

(6)    The permittee is required to activate a permit by notifying the county at the utility permit inspection office no later than 8:30 A.M. on the first business day before any utility work begins, at the address and/or telephone numbers noted on the permit form. Notification to activate a permit may be made by telephone, mail, fax or electronic mail, identifying the activation date and the permit number.

(7)    Any utility proposing work that may impact any other existing underground utility is required to comply with all the provisions of Chapter 19.122 RCW, Underground Utilities.

(8)    Traffic control and detours for all utility work, including maintenance, shall conform to the currently applicable Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and to the traffic control plan submitted and approved with the utility permit. Any operations of a utility or their contractor which is found to be in violation of the MUTCD or the approved traffic control plan will be issued a stop-work order and the utility permit for that operation may be revoked. In the event of revocation, the county may use its own forces or a private contractor to restore the area. All restoration costs will be billed to the utility. If the utility wishes to complete the project, they will be required to apply for another permit.

(9)    All construction and maintenance operations shall be planned to keep interference with traffic to an absolute minimum. Work shall be planned so that closure of intersecting streets, road approaches or other access points is held to a minimum.

(10)    The utility shall make adequate provisions for erosion and sediment control. Requirements for such erosion and sedimentation control will be determined on a case-by-case basis; work in environmentally sensitive areas will require a site-specific erosion and sedimentation control plan.

(11)    The utility shall keep the county informed about the progress of the work and any major work items. If a permit involves any trenching, the permittee shall notify the county when the trench will be open so that the county can observe the utility installation.

(12)    In such cases as the county determines that there are safety concerns which are not immediately corrected by the utility, the county reserves the right to assume control of the work and take any and all steps the county determines are necessary to correct the safety concerns, all at the expense of the utility.

(13)    As soon as the permittee has completed the utility work, the permittee shall notify the county, which will inspect the work location. The right-of-way restoration shall conform to county standards and policies and applicable state and federal laws, or the work will be rejected.

B.    Specific Requirements. All permit applications shall be submitted by the requesting utility in a standard format as prescribed by the county. The permit application shall include the following information to be provided by each applicant:

(1)    Agreement to all pertinent provisions of this chapter and to such special conditions as the county may deem appropriate. Such special conditions may include, but are not limited to, requiring specific measures regarding limitations on closures of intersecting streets, road approaches or any other vehicular or pedestrian access.

(2)    Application shall include a vicinity map or suitable sketch showing the location and all existing roads within a two hundred (200) yard radius of the applicant’s proposed facilities.

(3)    General description of the facilities to be installed as to size, type, nature, operating pressure, transmittant and extent of installation.

(4)    Adequate exhibits depicting existing or proposed location of the facility in relation to the road including right-of-way or easement lines, relationship to currently planned road revisions if applicable, and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards are anticipated.

(5)    Summarization of the effect the installation will have on the aesthetics of the road right-of-way and visible natural features.

(6)    Applicant must state that: the project does not interfere with, cross or otherwise impact sensitive area, wetlands, landslide areas or critical habitat. Erosion control will be installed and maintained, and all spoil, vegetation and other debris will be disposed of in a legal manner.

(7)    If there will be any interference with the normal flow of traffic including road closures, or if the work will require utility or contractor vehicles or equipment to occupy or be within two (2) feet of any traveled way or shoulder, the utility shall provide a proposed traffic control plan for review and approval by the county. The approved traffic control plan may include provisions to prohibit construction operations on heavily traveled roads during periods of peak traffic flow.

(8)    If the utility chooses to use a private contractor to perform the work, the contractor must be currently licensed and bonded through the Washington State Department of Licensing. The contractor shall furnish proof of such licensing and bonding prior to commencing work.

C.    Miscellaneous Provisions.

(1)    By law (RCW 36.55.060) all franchise holders are liable to the county for all costs of (a) restoring the county road to a suitable condition after utility installation, and (b) removing and/or relocating utility installations when road work of any kind requires such removal or relocation whether or not such requirements are included in the permit. All utilities without a franchise shall also be liable.

(2)    Before any construction work is started, a surety bond (or other instrument acceptable to the county) in an amount required by the county, but not less that one thousand dollars ($1,000), written by a surety company authorized to do business in Washington, may be required by the county to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, top soil, landscape treatment, drainage facilities and cleanup of right-of-way for a period ending not more than two (2) years after date of completion. A blanket surety bond or other instrument acceptable to the county may be maintained covering multiple franchises or permits in lieu of individual bonds at the county’s discretion. A blanket surety bond or other instrument acceptable by the county shall be in an amount as determined by the county. The requirement for surety shall not apply to those public utilities performing work with their own forces.

At the end of the time period of the surety bond (or other instrument acceptable to the county), said surety bond shall be released to the utility. Such release of a surety bond (or other instrument acceptable to the county) does not remove any obligation on the part of the utility to restore or remedy any subsequent deficiencies in the completed work; provided, however, restoration of roadway and shoulder surfacing shall be guaranteed by the utility in accordance with the provisions of Section 12.20A.120.

Off-site utility construction work that is being done under a general development permit that has already required an adequate surety bond or other instrument acceptable to the county will require a separate permit but may not require additional surety provided the surety covers off-site work.

(3)    The county may also choose to specify the effects of noncompliance with the permit conditions such as nonliability for improper installations.

(4)    The county may also prescribe limitations on its liability for damage to the utility, including its nonresponsibility for lost revenue, third party damages, etc.

(5)    Provided that the county has given the utility notice of intent to perform roadwork which will require relocation of their facilities a minimum of six (6) months prior to the bid opening and provided the county has notified the utility of the date of the bid opening three (3) months prior to the bid opening, the county shall have the right to order their contractor to start work as soon as thirty (30) days after the bid opening and any damage which the utility may suffer due to their failure to relocate or remove any of their facilities in the construction zone that will conflict with the roadwork by that date shall be the responsibility of the utility. Permits will be required for all utility relocation, however, inspection fees will be waived. The county’s contractor will remain liable for damages to any relocated utility facilities. Any utility facilities that remain within the construction zone and do not need to be removed or relocated shall be suitably marked and protected by the utility in accordance with Section 12.20A.080(G)(2).

D.    Emergency Work. Occasionally, emergency work is required when there is a sudden, unplanned interruption in service, and it is necessary to immediately restore service to ensure the health, welfare or safety of the public. Examples are a sudden discovery that a utility line is leaking or an important communication line has failed. In these cases, the utility can work in the right-of-way without first obtaining a permit.

For all such emergency work, the utility shall notify the county, by telephone or fax, as soon as practical by submitting a completed emergency work notification form. The utility shall confine its operations as much as possible to the nontraveled portion of the right-of-way and shall exercise caution to protect the traveling public in accordance with the currently applicable Manual of Uniform Traffic Control Devices for Street and Highways.

If additional repair work beyond that done to solve the emergency is necessary, the utility will apply for a regular utility permit and complete the permanent repairs in accordance with the requirements of this chapter.

E.    County Project Plan List. The county will make available to the utilities a project plan list that outlines proposed capital improvement, overlay, local improvement district (LID), and road improvement district (RID) projects that affect county-maintained roads.

The utilities can and should make use of the project plan list developed by the county to take actions that will reduce or eliminate the need to cut new pavements during future utility projects. It is understood that there are varying regulations for each of the different utilities serving Clark County. These regulations may constrain a utility’s ability to mitigate their need to cut pavement. The utility may be granted a variance from the most stringent requirements for cross cuts in this chapter on a case-by-case basis, after all other options have been explored and exhausted.

F.    Exemptions.

(1)    Exemption from Chapter. Utility work outside the county road right-of-way is exempt from this chapter.

(2)    Exemption from Permit. Certain utility work within the county road right-of-way will not require a permit. This exemption from obtaining a permit does not relieve the utility from complying with all other provisions of this chapter such as proper traffic control and prompt repairing of any disturbance to the right-of-way. Work not requiring a permit includes:

a.    Any work that does not involve the breaking of pavement, shoulder or sidewalks;

b.    The installation of any appurtenance that does not result in an aboveground exposure of more than six (6) inches in height as measured from the undisturbed surrounding ground;

c.    All overhead line work including placement and replacement of poles and guy wires.

Examples of permit exempt work would be routine maintenance, making of service connections to existing electric utility, telephone or cable television pedestals, replacement of defective parts, adjustment of components, and work on overhead lines or service drops.

This exemption will be canceled and normal utility permits will be required for any utility or its contractors that fail to use proper traffic control devices and adequately restore any disturbances to the right-of-way, or perform work in any manner that may endanger the public or damages any other utility’s installation or the county’s road improvements. See also subsection D of this section, Emergency Work. (Sec. 1 of Ord. 1999-11-15)