Chapter 14.05
Work Within Public Rights-of-Way
Sections:
14.05.010 Authority and purpose.
14.05.030 Police powers recognized.
14.05.050 Permit application--Permit contents.
14.05.060 Permit amendments/cancellations.
14.05.080 Permit terms and conditions.
14.05.090 Pavement cutting prohibition.
14.05.120 Bonding and insurance.
14.05.130 Maintenance of traffic.
14.05.160 Reservation of City rights.
14.05.170 Permittee responsibilities--Indemnification.
14.05.190 Billings for utility companies.
14.05.010 Authority and purpose.
The purpose of this chapter is to provide specific regulations for the purpose of:
(a) Establishing standards and procedures to ensure that persons who engage in work within the public rights-of-way, which are under the jurisdiction of the City of DuPont, perform such work in a competent, safe, and orderly fashion;
(b) Issuing right-of-way permits to protect the public’s investment and prevent or address the premature degradation of public streets and other infrastructure;
(c) Ensuring that persons working in the public rights-of-way have the knowledge, competence and resources needed properly to perform the work for which they are permitted.
All permit applications pending as of the effective date of the ordinance codified in this chapter shall be processed and managed in accordance with such policies and procedures until such time that the work authorized by such permit(s) is completed, all warranty periods have expired, and the permit is deemed closed by the Public Works Department. All applications for new permits submitted after the effective date of the ordinance codified in this chapter shall be processed and managed in accordance with this chapter and any regulations promulgated thereunder. It is the intent of this chapter that all previously issued policies and procedures dealing with street cuts and traffic control are to be repealed and replaced. The Public Works Director is authorized to promulgate administrative regulations and directives that are not inconsistent with this chapter and deemed necessary to implement the same. (Ord. 19-1059 § 2 (Exh. A)).
14.05.020 Definitions.
For the purpose of this chapter the following words shall have the following meanings:
(a) “Access vault” means any structure containing one or more ducts, conduits, manholes, handhold or other such facilities in permittee’s facilities.
(b) “Applicant” means a person who has applied to the City for a permit.
(c) “City” means the City of DuPont, Washington.
(d) “Degradation” means a decrease in the useful life of the right-of-way or damage to any landscaping within the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the surface and/or subsurface structure of such right-of-way earlier than would be required if the excavation or disturbance did not occur.
(e) “Director” means the Director of Public Works of the City or his/her authorized representative.
(f) “Duct” or “conduit” means a single enclosed raceway for cables, fiber optics or other wires.
(g) “Emergency” means any event which may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged underground electrical and communications facilities, or downed overhead pole structures.
(h) “Excavate” means to dig into or in any way remove or penetrate any part of a right-of-way.
(i) “Facilities” means, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, poles, ducts, and other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and providing utility and other services.
(j) “Fence” means any artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected to enclose, partition, beautify, mark, or screen areas of land.
(k) “Infrastructure” means any public facility, system, or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and structures, streets and sidewalks, and public safety equipment.
(l) “Landscaping” means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems.
(m) “Permit” means any authorization for use of the public rights-of-way granted in accordance with the terms of this chapter, and the laws and policies of the City.
(n) “Permittee” means the holder of a valid permit issued pursuant to this chapter.
(o) “Person” means any person, firm, partnership, special, metropolitan, or general district, association, corporation, company, or organization of any kind.
(p) “Public right-of-way” or “right-of-way” or “public way” means any public street, way, place, alley, sidewalk, easement, park, square, plaza, and City owned right-of-way dedicated to public use.
(q) “Specifications” means engineering regulations, construction specifications, and design standards adopted by the City.
(r) “Structure” means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies, and canopies.
(s) “Surplus ducts or conduits” are conduits or ducts other than those occupied by permittee or any prior permittee, or unoccupied ducts held by permittee as emergency use spares, or other unoccupied ducts that permittee reasonably expects to use within two years from the date of a request for use.
(t) “Work” means any labor performed on, or any use or storage of, equipment or materials, including, but not limited to, construction of streets and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, and traffic signal devices. It shall also mean excavation, construction, maintenance, and repair of all underground structures such as pipes, conduit, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below surface, and installation of overhead poles used for any purpose. (Ord. 19-1059 § 2 (Exh. A)).
14.05.030 Police powers recognized.
A permittee’s rights hereunder are subject to the police powers of the City, which include the power to adopt and enforce ordinances, including amendments to the ordinance codified in this chapter, necessary to the safety, health, and welfare of the public. The permittee shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers, notwithstanding anything in this chapter and the permit to the contrary. Any conflict between the provisions of this chapter or the permit and any other present or future lawful exercise of the City’s police powers shall be resolved in favor of the latter. (Ord. 19-1059 § 2 (Exh. A)).
14.05.040 Permit required.
(a) Any person, firm, corporation, joint stock company, partnership, association or otherwise, whether of a private or governmental nature, and excepting therefrom only the City of DuPont itself by its duly authorized agents or employees shall, prior to undertaking any work to be made over, along, under or across the public rights-of-way within the incorporated limits of the City of DuPont as presently or hereafter constituted, apply for a permit prior to the time of any such work, and shall supply to the appropriate agency of the City information sufficient to show the nature, purpose and location of the work.
(b) Construction Activities. No permittee shall perform work in an area larger or at a location different, or for a longer period than that specified in the permit or permit application. If, after work is commenced under an approved permit, it becomes necessary to perform work in a larger or different area than originally requested under the application or for a longer period of time, the permittee shall notify the Director immediately and within 24 hours shall file a supplementary application for the additional work.
(c) Maintenance Activities. A permit is required when work or related maintenance activities occur in the right-of-way or require a lane or sidewalk closure in a right-of-way. Entities that perform repetitive work or services at the same or multiple locations within the public right-of-way may be eligible, at the discretion of the Director, for an annual permit for work or related maintenance activities. Loading or offloading vehicles or equipment into a traffic lane or obstruction of a traffic lane is prohibited without a permit.
(d) Subcontractors. The applicant may subcontract the work to be performed under a permit provided that the permittee shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable if the transferee or assignee posts all required security pursuant to this chapter and agrees to be bound by all requirements of the permit and this chapter.
(e) New Developments. The physical construction of public infrastructure in new developments is the responsibility of the developer of the land. Ownership of the infrastructure remains with the developer of the land until acceptance by the City. Any person performing work on infrastructure which is within a public way, but prior to acceptance by the City, shall obtain a permit from the City and permission from the owner of the infrastructure in the public way. The permittee shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the City of that infrastructure. This financial obligation shall apply only to the work in the right-of-way done by the permittee. The City will not accept for dedication public rights-of-way, or other property where work performed is not in accordance with applicable City specifications. (Ord. 19-1059 § 2 (Exh. A)).
14.05.050 Permit application--Permit contents.
(a) An applicant for a permit to allow work in the public right-of-way under this chapter shall:
(1) File a written application on forms furnished by the City which include the following: the date of application; the name and address of the applicant; the name and address of the developer, contractor or subcontractor licensed to perform work in the public right-of-way; the exact location of the proposed work activity; the type of existing public infrastructure (street pavement, curb and gutter, sidewalks or utilities) impacted by the work; the purpose of the proposed work; the dates for beginning and ending the proposed work; proposed hours of work; itemization of the total cost of restoration, based upon R.S. Means Estimating Standards; and type of work proposed.
(2) Include evidence that the applicant or its contractor is not delinquent in payments due the City on prior work.
(3) Attach copies of all permits or licenses (including required insurance, deposits, bonding, and warranties) required to do the proposed work, and to work in the public rights-of-way, if licenses or permits are required under the laws of the United States, the State of Washington, or the ordinances or regulations of the City.
(4) Provide a satisfactory plan of work showing protection of the subject property and adjacent properties.
(5) Provide a satisfactory plan for the protection of existing landscaping when the City determines that damage may occur.
(6) Include evidence that all orders issued by the City to the applicant, requiring the applicant to correct deficiencies under previous permits issued under this chapter, have been satisfied.
(7) Include with the application engineering construction drawings or site plans for the proposed construction, excavation, or work.
(8) Include Geographic Information System (GIS) coordinates of the construction, excavation, or work.
(9) Include with the application a satisfactory traffic control and erosion protection plan for the proposed construction, excavation, or work.
(10) Include a statement indicating any proposed joint use or ownership of the facility; any existing facility or permit of the applicant at this location; any existing facility of others with which the proposed installations might conflict; and the name, address and telephone number of a representative of the applicant available to review proposed locations at the site.
(11) Pay the fees prescribed by this chapter.
(b) Applicants shall update any new information on permit applications within 10 days after any change occurs.
(c) Joint Applications. Applicants may apply jointly for permits to work in public rights-of-way at the same time and place. Applicants who apply jointly for permits may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. (Ord. 19-1059 § 2 (Exh. A)).
14.05.060 Permit amendments/cancellations.
A permit may be cancelled at the discretion of the Director and a new permit required when a quantity specified as part of the permit increases by more than 10 percent or additional work that was not contemplated at the time the permit was originally issued by the City is scheduled to occur. The final quantity and nature of work will be reviewed during the final completion inspection by the City. (Ord. 19-1059 § 2 (Exh. A)).
14.05.070 Permit duration.
Permits for work are issued on an annual basis for routine maintenance or by location (up to three locations) for new construction. Annual permits for work must be renewed each calendar year. Permits issued by location (up to three locations) shall be in effect for 120 days from date of issuance. (Ord. 19-1059 § 2 (Exh. A)).
14.05.080 Permit terms and conditions.
(a) Collocation of City Infrastructure with Permitee’s Infrastructure.
(1) The City recognizes that it is within its police power to preserve the physical integrity of its streets and highways, control the orderly flow of vehicles and pedestrians, and efficiently manage the gas, electric, water, cable, broadband, telephone, and other facilities that crisscross its streets and public rights-of-way. It is the City’s policy to efficiently use public rights-of-way for a variety of infrastructure and utilities in order to provide public services; advance the City’s goal of increasing opportunities for access to traffic control, communication, and broadband services; limit the frequency of street closures and cutting of public streets; and reduce road degradation caused by repeated boring and trenching of public rights-of-way. To this end, the City requires all applicants proposing construction, excavation, or work that involves directional boring or open trenching within a public right-of-way that extend for more than 1,000 feet in length to, at the City’s request, collocate and install City conduit simultaneously with the applicant’s work. The City will review all permit applications in a competitively neutral manner and make all permit decisions based on substantial evidence. The City may, upon initial review of the permit application, determine that the applicant’s proposed work does not demonstrate a need for collocation of City infrastructure. If the City wishes to collocate conduit in connection with an applicant’s permit, it will notify the applicant of this intent within three business days of receipt of a complete application.
(2) For any work that requires collocation of City conduit, the City shall, as a condition of the issuance of the permit or continued validity of a permit, require the permittee to install City conduit with tracer wire and associated infrastructure, as identified by the City, concurrent with the installation of the permittee’s infrastructure. The requirement for the permittee to install City conduit with tracer wire and the associated infrastructure shall be completed after the City has reviewed and approved all estimated costs associated with the collocation of the City conduit. In no case shall such review of estimated costs take more than three business days from the day estimates are received by the City.
The permittee shall install the City conduit with tracer wire adjacent to the permittee’s infrastructure and within the same bore or trench alignment.
The City will bear all costs associated with the collocation, including the City conduit, pullboxes, and all other materials and infrastructure to be installed, including the incremental labor and equipment cost incurred by the permittee (or its contractor or subcontractor) that are reasonably and directly attributable to the required collocation of City conduit, materials, and infrastructure.
A completion inspection with the Director is required. When a collocation of City conduit is required, this completion inspection shall include physical verification of the installed City conduit. Upon the City’s request, the permittee shall submit to the City signed as-built documentation of the City’s conduit and provide the City with a City-approved bill-of-sale or similar document evidencing City conduit ownership following the collocation.
(3) The Director may waive permit fees set forth in the fee schedule for any construction activities associated with a City collocation project. All applicable pavement restoration fees, as set forth in the fee schedule, shall apply unless and until a written waiver is obtained from the Director. A permittee may appeal a collocation condition imposed by the City in accordance with the variance procedures set forth in DMC 14.05.210.
(b) Planned Construction Activity. The permittee is responsible for ensuring that the Director is notified a minimum of two business days prior to initiating planned (nonemergency) construction activities and a minimum of 24 hours in advance of each required inspection. Violation of permit may be charged to the permittee if the contractor cancels a scheduled inspection or changes the work schedule without providing a minimum of four hours’ advance notice to the Director.
(c) Planned Maintenance Activity. The permittee is responsible for ensuring that the Director is notified no later than 4:00 p.m. on the business day preceding the scheduled commencement of planned (nonemergency) maintenance activities. For maintenance activities involving a multiple-day period or multiple locations, a work and/or project schedule may be provided to the Director in lieu of prior work day notifications. The work and/or project schedule shall contain the location(s) of the maintenance activities, start date(s) and the estimated duration of the work to be performed at each site. A violation of permit may be issued if the permittee does not contact the City prior to initiating work.
(d) Preconstruction Meeting. Permits may require a preconstruction meeting to be scheduled with the Director. The Director may require attendance by any or all of the following parties: owner, contractor, subcontractors, project design engineer and project design traffic engineer. The preconstruction meeting may be required to be rescheduled if any required representative fails to appear at the meeting. Starting work prior to a required preconstruction meeting is justification for a permit violation.
(e) Daily Cleanup, Damage and Safety.
(1) Daily Cleanup. Upon completion of each day’s work, the permittee is responsible for ensuring that all litter, construction debris and other waste materials resulting from the work is removed from the site and the site is left in a neat and orderly appearance. The street pavement and sidewalk shall be swept daily, if determined necessary by the Director, for dust control and to remove mud or loose material resulting from the work.
(2) Property Damage. Any damage to public or private facilities as a result of the permitted work shall be the responsibility of the permittee.
(3) The permittee assumes full and complete responsibility for job site conditions and the safety of all persons and property within the job site during the course of the permitted activity.
(f) General Permittee Responsibilities. The permittee shall be responsible for providing a 24-hour contact person in the event the City becomes aware of an unsafe condition related to the project that warrants immediate attention. If the contact person cannot be reached or refuses to agree to undertake corrective action in a timely manner, the City will proceed to perform the necessary work to remedy the unsafe condition in order to protect the public’s safety. The permittee shall be responsible for reimbursing the City for all of the City’s reasonable expenses incurred for repairs, active traffic control, and/or other work that is necessary to remedy the unsafe condition. Failure to fully reimburse the City within 10 business days following the date the City provides the permittee with an itemized invoice setting forth such costs is justification for permit violation. The permittee is responsible for coordinating with all persons, contractors, or subcontractors working in the same or adjacent areas. The permittee shall be responsible for ensuring that all contractors and subcontractors comply with the terms and conditions of the permit and this code. (Ord. 19-1059 § 2 (Exh. A)).
14.05.090 Pavement cutting prohibition.
(a) Construction activities necessitating street cuts shall not be allowed on any street section that has been paved, overlaid or slurried within five calendar years following the year in which the resurfacing was completed by the City or a City contractor except for emergency repairs of existing facilities or when approved in advance and in writing by the Director following a review of the criteria set forth in this section. When reviewing a request for a street cut on a recently resurfaced street, the Director shall review the following criteria:
(1) Whether the applicant considered the City’s anticipated resurfacing schedule prior to planning the proposed street cut;
(2) Alternatives that eliminate the need for the street cut;
(3) Whether the proposed street cut is needed to provide new service to a customer; and
(4) Additional restoration requirements, beyond the permanent patch requirements of this code, that may be required to restore ride quality and anticipated pavement life. Additional requirements may include resurfacing an area larger than the street cut, replacing or using geogrid or other materials, requiring a longer warranty period, imposing a payment to the City equal to the anticipated restoration remedy, or a reasonable combination thereof.
(b) In documenting any exception to the prohibition on construction activities within recently resurfaced streets, the Director shall clearly identify the required additional restoration requirements authorized by subsection (a)(4) of this section and identify the same on the permit. (Ord. 19-1059 § 2 (Exh. A)).
14.05.100 Emergency repairs.
Permits for emergency repairs must be obtained within seven business days following the date the emergency repairs were initiated. Any person undertaking an emergency repair shall: (a) submit a right-of-way permit application within two business days following the date the emergency repair was initiated; and (b) pick up the permit and pay any and all applicable fees within five business days thereafter. If any person fails to submit a right-of-way permit application or fails to pick up the permit within the time frames required by this section, a notice of violation may be issued. (Ord. 19-1059 § 2 (Exh. A)).
14.05.110 Fees.
(a) Before a permit is issued pursuant to this chapter, the applicant shall pay to the City a permit fee, which shall be determined in accordance with a fee schedule adopted by the City Council by resolution. Fees will be reasonably related to the costs inherent in managing the public rights-of-way. As used in this chapter, these costs include, but are not necessarily limited to, the costs of permitting rights-of-way occupants, verifying rights-of-way occupation, mapping rights-of-way occupations, inspecting job sites and rights-of-way restorations, restoring work inadequately performed after providing notice and opportunity to correct the work, administering this chapter, and costs relating to the degradation of the rights-of-way, i.e., the cost to achieve a level of restoration as determined by the City at the time the permit is issued.
(b) The portion of the permit fee relating to degradation costs may be reduced by the City in cases where the applicant demonstrates to the satisfaction of the Director that the excavation proposed will be used by two or more entities, legally and financially unrelated, for the installation, maintenance or repair of facilities. The degradation cost portion of the permit fee shall be further reduced in cases where the applicant demonstrates to the satisfaction of the Director that the excavation to be made will be commenced and completed during the 24-month period immediately prior to the scheduled repaving or resurfacing of a street, as indicated in the most recent edition of the City’s six-year transportation improvement plan.
(c) Any permit for temporary use or occupation of the public rights-of-way, where there is no construction involved, shall not require payment of a degradation fee as part of the permit fee.
(d) That portion of any permit fee relating to degradation costs shall be segregated by the City into an account to cover general street maintenance and construction. (Ord. 19-1059 § 2 (Exh. A)).
14.05.120 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 multiple projects are under construction at the same time, or a review of the project indicates a greater bond amount is appropriate, the Director may require higher bond amounts.
Contractors or utility owners working within the public right-of-way will carry comprehensive liability insurance in an amount of at least $1,000,000, and may require a greater amount at the discretion of the Director, and will provide the City with a certificate of insurance which names the City as an also-insured or additionally-insured party for all work they perform within the 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 Director. (Ord. 19-1059 § 2 (Exh. A); Ord. 23-1130 § 1).
14.05.130 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 Manual of Uniform Traffic Control Devices (MUTCD). All flaggers 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. 19-1059 § 2 (Exh. A)).
14.05.140 Hours of work.
No work will be permitted on Saturday, Sunday, or any holiday or between the hours of 6:00 p.m. and 6:00 a.m. of any business day, except in case of emergency and then only upon notification of the City. (Ord. 19-1059 § 2 (Exh. A)).
14.05.150 Notification.
The permittee shall be responsible for the notification of all impacted parties 48 hours prior to start of construction. The following will be notified as a minimum:
(a) DuPont Police Department;
(b) DuPont Fire Department;
(c) School district serving the City;
(d) United States Post Office;
(e) City Hall (Operations and Maintenance Supervisor). (Ord. 19-1059 § 2 (Exh. A)).
14.05.160 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 or franchise 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 permittees 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 way be held liable for any damage to the permittee by reason of any such work by the City, its agent 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, annul, change, amend, amplify or terminate the permit issued or any of the conditions herein enumerated if permittee fails to comply with any or all of the provisions, requirements or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with notices given or if the utility is not installed or operated and maintained in conformity herewith or at all or for any cause or reason whatsoever. (Ord. 19-1059 § 2 (Exh. A)).
14.05.170 Permittee responsibilities--Indemnification.
(a) By accepting a permit, the permittee, its successors or assignees, agrees to indemnify and defend the City from and against claims made against the City for injuries or damages arising out of work performed by the permittee within the public right-of-way, unless the damages arising from such claims are caused by the activities of the permittee in the prosecution of such work. Any claim, from and against which the City intends to seek indemnity from the permittee, shall be submitted to the permittee in writing and permittee shall have the right at its election and sole cost and expense to settle, compromise or defend such claim by attorneys of its own election. Permittee hereby waives its immunity from suit under RCW Title 51 if necessary to comply with this provision.
(b) If the work done under the permit interferes in any way with the drainage of the City streets, or causes damage, the permittee shall wholly and at his own expense make such provisions as the Director may require 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 Director.
(d) Permittee shall comply with the Washington State Electrical Code, Washington State Department of Highways Standards and Standard Specifications for Road and Bridge Construction and all local codes, standards and ordinances.
(e) The permittee recognizes and agrees that it is 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 these regulations.
(f) The permit or privilege shall not be deemed or held to be an exclusive one and 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 of them, none of which is hereby surrendered.
(g) The party or parties to whom a permit is issued shall maintain at his or their sole expense the structure or object for which the permit is granted in a condition satisfactory to the Mayor.
(h) In accepting a permit, the permittee, his successors and assigns agree that any damage or injury done to the property of the permittee or any expense incurred by him through the operation of a contractor, working for the City or of any City employee shall be at the sole expense of the permittee, his successors or assigns. (Ord. 19-1059 § 2 (Exh. A)).
14.05.180 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 City of DuPont Public Works Standards and Washington State Department of Transportation’s (WSDOT) Standard Specification for crushed surfacing or other material deemed suitable by the City.
(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-inch minimum cover unless written approval of the Mayor 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 the ordinance codified in 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 asphalt concrete pavement (ACP). All patches will be constructed using best practices 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. 19-1059 § 2 (Exh. A)).
14.05.190 Billings for utility companies.
The City shall bill all utility companies listing all permits issued for the month, the amount for each permit and the total amount of the invoice. (Ord. 19-1059 § 2 (Exh. A)).
14.05.200 Penalties.
(a) Penalty. Any person found to be conducting any work within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and shall be required to obtain a permit before work may be restarted. A surcharge of $250.00 shall be required in addition to all applicable permit fees.
(b) The Director retains the authority to revoke any permit for failure to comply with these regulations or other applicable laws or regulations of the City.
(c) Any person, firm, corporation or otherwise who fails and refuses to comply with the terms of this chapter by failing or refusing to obtain a permit and pay the fees as herein set shall be guilty of a misdemeanor. (Ord. 19-1059 § 2 (Exh. A)).
14.05.210 Variance.
All matters not specifically authorized by the terms of this chapter may be processed by a request for a variance. Variances shall only be granted upon presentation of evidence which shows that the variance request meets the following criteria:
(a) That the variance is necessary to overcome a practical difficulty or unnecessary hardship.
(b) That the need for a variance does not result from past actions or decisions of the requesting party or their predecessors.
The City shall either grant or deny a request for a variance, within 10 business days of the City’s receipt of a variance request and the supporting documentation. Variance requests require the payment in advance of a $250.00 processing fee. (Ord. 19-1059 § 2 (Exh. A)).