Chapter 20.08
CONSTRUCTION
Sections
20.08.010 Construction standards.
20.08.030 Construction permits.
20.08.050 Engineer’s certification.
20.08.060 Traffic control plan.
20.08.080 Construction schedule.
20.08.090 Compliance with permit.
20.08.110 Survey of underground facilities.
20.08.130 Completion of construction.
20.08.150 Restoration of improvements.
20.08.160 Landscape restoration.
20.08.170 Location of facilities.
20.08.190 Franchisee occupancy of city-owned conduit.
20.08.200 Construction surety.
20.08.210 Compliance with One Number Locator Service.
20.08.010 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. [Ord. 1316 § 88, 2003.]
20.08.020 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 city’s building and construction code, Title 14 DMMC. In the event of a conflict between Title 14 DMMC and this title, this title applies. [Ord. 1316 § 89, 2003.]
20.08.030 Construction permits.
No person shall construct or install any telecommunications facilities within the city without first obtaining a construction permit therefor; provided, however:
(1) 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.
(2) No permit shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license or franchise pursuant to this title.
(3) 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.
(4) No permit shall be issued to cut any public way, the surface of which is less than five years old. [Ord. 1316 § 90, 2003.]
20.08.040 Applications.
Applications for permits to construct telecommunications facilities shall be submitted upon forms provided by the city. The applicant shall pay all associated administrative fees. The application shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
(1) That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
(2) The location and route of all facilities to be installed on existing utility poles.
(3) The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.
(4) The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.
(5) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the public ways.
(6) The location, dimension and types of all trees within or adjacent to the public ways 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. 1316 § 91, 2003.]
20.08.050 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 provide a certificate of the construction cost estimate. [Ord. 1316 § 92, 2003.]
20.08.060 Traffic control plan.
All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed. [Ord. 1316 § 93, 2003.]
20.08.070 Issuance of permit.
Within 45 days after submission of all plans and documents required of the applicant and payment of necessary permit fees, the city manager or designee, 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 city manager or designee may deem necessary or appropriate. [Ord. 1316 § 94, 2003.]
20.08.080 Construction schedule.
The permittee shall submit a written construction schedule to the city manager or designee 10 working days before commencing any work in or about the public ways. The permittee shall further provide written notification to the city manager or designee not less than five working days in advance of any excavation or work in the public ways. [Ord. 1316 § 95, 2003.]
20.08.090 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 city manager or designee 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. 1316 § 96, 2003.]
20.08.100 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 city manager or designee at all times when construction work is occurring. [Ord. 1316 § 97, 2003.]
20.08.110 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 such 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. 1316 § 98, 2003.]
20.08.120 Noncomplying work.
Upon order of the city manager or designee, 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. 1316 § 99, 2003.]
20.08.130 Completion of construction.
The permittee shall promptly complete all construction activities so as to minimize disruption of the public ways and other public and private property. All construction work authorized by a permit within public ways, 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. 1316 § 100, 2003.]
20.08.140 As-built drawings.
Within 30 days after completion of construction, the permittee shall furnish the city manager or designee with two 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. [Ord. 1316 § 101, 2003.]
20.08.150 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. 1316 § 102, 2003.]
20.08.160 Landscape restoration.
(1) 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.
(2) All restoration work within the public ways shall be done in accordance with landscape plans approved by the city. [Ord. 1316 § 103, 2003.]
20.08.170 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:
(1) Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
(2) 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.
(3) Whenever all existing telephone, electric utilities, cable facilities or telecommunications facilities are located underground within public ways, a franchisee with written authorization to occupy the same public ways must also locate its telecommunications facilities underground.
(4) Whenever all new or existing telephone, electric utilities, cable facilities or telecommunications facilities are located or relocated underground within public ways, a franchisee that currently occupies the same public ways shall concurrently relocate its facilities underground at its expense. [Ord. 1316 § 104, 2003.]
20.08.180 Conduit occupancy.
In furtherance of the public purpose of reduction of public 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 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, city may require the franchisee to construct excess conduit capacity in the public ways, provided the expense of such excess capacity shall be borne by the city (calculated as the difference between what franchisee would have paid for the construction of its conduit and the additional cost only of the excess conduit). Franchisee may either lease the excess conduit to city at a rate of $1.00 for the term of the franchise (in which case the city will be permitted to sublease the excess conduit at its sole discretion), or franchisee 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 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. 1316 § 105, 2003.]
20.08.190 Franchisee occupancy of city-owned conduit.
In furtherance of the same objectives of DMMC 20.08.180, if city owns or leases conduit in the path of franchisee’s proposed telecommunications facilities, and provided it is technologically feasible for franchisee to occupy the conduit owned or leased by city, franchisee shall be required to occupy the conduit owned or leased by city in order to reduce the necessity to excavate the public way. Franchisee shall pay to city a fee for such occupancy which shall be the cost franchisee would have expended to construct its own conduit from the outset, as certified by the franchisee’s engineer and approved by the city engineer. City and franchisee may agree to amortize the fee through annual payments to city over the term of the franchise, including the time value of money. [Ord. 1316 § 106, 2003.]
20.08.200 Construction surety.
Prior to issuance of a construction permit, the permittee shall provide a construction bond, as provided in this title. [Ord. 1316 § 107, 2003.]
20.08.210 Compliance with One Number Locator Service.
All licensees and franchisees shall, before commencing any construction in the public ways, comply with all regulations of chapter 19.122 RCW, the One Number Locator Service. [Ord. 1316 § 108, 2003.]