Chapter 12.12 PUBLIC WORKS CONSTRUCTION

It is the purpose of this chapter to require uniform development and construction and/or alteration of streets, curbs, sidewalks, alleys, storm and sanitary sewers, waterlines and all other like public improvements within the city. It shall not alter or affect those improvements presently in existence. In the event, however, any of such presently constructed improvements are to be altered, modified, improved or changed, then such alteration, modification, improvement or change shall be done in accordance with the described provisions of this chapter. (Ord. 1149 (part), 1995)

II. DEFINITIONS

12.12.030 Designated.

Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision.

“Apron” means that portion of the driveway approach extending from the gutter flowline to the sidewalk section and lying between the end slopes of the driveway approach.

“City” means the city of Goldendale in Klickitat County, Washington, and its appointed or elected officials.

“Contractor” means the person(s), a firm or corporation doing or performing work for the property owner, city or any other municipal corporation. A “bonded contractor” shall be adequately bonded to the city and also includes any public utility, natural gas company, television cable company, or telephone company operating within the city by virtue of franchise or permits granted them by the city.

“Curb cut” means a depressed section of the curb at the street termination of the driveway approach.

“Curb return” means the curved portion of a street curb at street intersections or the curbed portion of a curb in the end slopes of a driveway approach.

“Driveway” means an area on private property where automobiles and other vehicles are operated or allowed to stand.

“Driveway approach” means an area of construction or improvement between the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door at least seven feet wide, intended and used for the ingress and egress of vehicles.

The component parts of the driveway approach are termed the apron, the end slopes or the curb return, and the sidewalk section.

“End slopes” means those portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return together with the area between the projected tangents of the curb return.

“Engineer” means the public works supervisor for the city or his designated assistant.

“Permittee” means the person, firm or corporation who has legal title to the property on which the improvement fronts or the property on which the improvement is being made, and includes his legal agents.

“Property owner” means the person, firm or corporation who has legal title to the property on which the improvement fronts or is being made, and includes his legal agents.

“Sidewalk” is considered as any thoroughfare, the primary function of which is to serve pedestrian traffic.

“Sidewalk section” means that portion of the driveway approach lying between the back edge of the sidewalk and the apron plus the end slopes measured at the front edge of the sidewalk.

“Standard specifications” refers to the Standard Specifications for Municipal Public Works Construction, prepared by the Washington State Public Works Association, dated 1977, and modifications or amendments thereto. (Ord. 1149 (part), 1995)

III. STANDARD SPECIFICATIONS

12.12.040 Designated.

The specifications set forth in the Standard Specifications for Municipal Public Works Construction, dated 1977, published by the Washington State Chapter of American Public Works Association and as subsequently amended, shall prevail for any construction or alteration of streets or utilities within the city, except as may be amended hereafter or by direction of the engineer acting within the scope of his authority. (Ord. 1149 (part), 1995)

IV. GENERAL CONDITIONS

12.12.045 Adoption of state standards--Adoption by reference--State highways.

The provisions of Chapters 468-51 and 468-52 WAC, as now existing or hereafter amended, pertaining to access permitting standards for access onto and from state highways lying within the city of Goldendale, are hereby adopted by reference. (Ord. 1381 §1, 2008)

12.12.050 Permit requirements.

A. It is unlawful for any person, firm or corporation to dig up, break, excavate, use, occupy, tunnel, undermine, obstruct, construct or disturb any public street, alley, sidewalk, highway, thoroughfare, other public place or public easement, or fill in, place, leave or deposit in or upon any such public street, alley, sidewalk, highway, thoroughfare or other public place or public easement any article, material or thing whatsoever tending to obstruct, or disturb, without first obtaining a construction permit therefor. A utility hookup order is not a permit to make a street cut. In the event it is necessary to dig, excavate, tunnel, undermine or in any manner enter the street right-of-way in making a sewer hookup, a construction permit will be required under this chapter and such work shall only be done by a bonded contractor.

B. No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other improvement in any public street, alley or other property owned or dedicated to or used by the city and over which it has jurisdiction to regulate the matters covered hereby, without first obtaining a permit from the public works department, and no permit shall be granted for driveways other than residential until the applicant shall file with the city for approval, two copies of a drawing showing the location and size of all such proposed improvements to serve the property affected.

C. Failure to obtain a construction permit prior to commencing work as stated in subsection A of this section shall be deemed a violation of this chapter and shall be cause for the engineer to issue a stop work order until an application for the permit has been received and a permit issued. A fifty percent penalty may be added to the cost of such late permit. (Ord. 1149 (part), 1995)

12.12.060 Application for permit.

Application for permits to construct such improvement shall be made to the public works department on forms provided for that purpose. (Ord. 1149 (part), 1995)

12.12.070 Approval of application--Issuance of permit.

Before approving the drawing of such improvement and issuing the permit, the public works supervisor shall determine that the proposed improvement is in conformance with the provisions and standards set forth in this chapter. Upon approval of the permit, the applicant shall pay a fee of one hundred dollars. (Ord. 1149 (part), 1995)

12.12.080 Permits--Not issued when.

A. No permits will be issued for any work upon any street, alley, sidewalk or other public thoroughfare within the city when the grade has not been properly established or after the city council has adopted a resolution to improve the street or alley in question by the formation of a local improvement district; and no permit shall be issued if, in the judgement of the engineer, the improvement proposed to be made is not a suitable one or will not be uniform with and conform to existing or proposed improvements of streets or alleys in the immediate vicinity of the proposed improvement.

B. No permit shall be issued for work within the street right-of-way lines or public utility easements except for curb, curb and gutter, sidewalk or driveway approaches to anyone who is not a licensed contractor and bonded to the city.

C. No permit shall be issued to any person, firm or corporation who is delinquent in the payment of any fees or charges assessed by the city or who refuses or neglects to comply with any of the provisions of this chapter. (Ord. 1149 (part), 1995)

12.12.090 Sidewalks for property under improvement or development--Required.

A. Sidewalks Required. Property owners shall be required to construct, replace or repair sidewalks at the owners expense whenever a building permit is to be granted for the following activities: any new construction of a principal structure, secondary structure, or remodeling or alterations, which within a twelve-month period exceeds thirty thousand dollars in value; provided, however, if the cost of sidewalks exceeds twenty percent of the total building permit value, the property owner shall be exempt from the provisions of this section.

B. Whenever a building permit application is made for the construction activities outlined in subsection A of this section, the person, partnership or corporation seeking such permit shall submit a sidewalk construction plan for approval by the public works supervisor. The construction plans shall include detailed diagrams and specifications to indicate the locations of sidewalks and surface water and must conform to all relevant ordinances and requirements and the storm drainage pattern for this area.

C. Standards for Construction. All sidewalks required to be constructed under the provisions of this section shall be cement concrete and shall otherwise conform to standard specifications and plans for municipal public works construction, commonly known as APWA Standards. Sidewalks widths shall be as follows:

1. Sidewalks in residential zones shall be a minimum of four feet in width except as in subdivision 2 of this subsection;

2. Sidewalks along a collector, secondary arterial or arterial in a residential zone shall be a minimum of four feet in width;

3. Sidewalks in the C-1 (central business) district shall be a minimum of four feet in width;

4. Sidewalks in the C-2 (general business) district shall be a maximum of ten feet and a minimum of four feet in width;

5. Sidewalks in industrial zones shall be a minimum of four feet in width.

Provided, however, the public works supervisor shall be authorized to grant a decrease in the width of such sidewalks after examination of the premises and determination that the best interest of the city will be served by decreasing the width thereof.

D. Location. Sidewalks required under this section shall be constructed on all sides of property abutting on public streets or highways. The required location of sidewalks in the right-of-way shall be determined by the public works supervisor.

E. Delay, Waiver or Exception. A waiver or exception to the requirements of this section may be granted by the city council upon request by the applicant. Said request may be granted if the city council determines that such construction is not feasible because of unique topographical considerations, or city public works development plans.

Provided, however, that the city council may grant a delay to an applicant for a period not to exceed eighteen months to complete the construction. Such extension of time for construction shall be conditioned upon posting a cash or performance bond satisfactory to the city, in the amount equal to one hundred twenty-five percent of the estimated costs of construction, to guarantee completion of said construction within the time period. (Ord. 1149 (part), 1995)

12.12.150 Permits—Charges.

A. Any certified engineer or land surveyor registered in the state may complete all necessary construction staking as defined in the issued permit; however, as an alternate to using the registered engineer or land surveyor, the city may do this work at the rates prescribed in this section, if mutually agreed. In all events, the city shall check the grades for inspection only at fifty percent of any of the rates prescribed in this section.

B. The permit fee shall include the costs to the city for making necessary surveys and for the inspection of all public improvements. Such fees and costs shall be paid in advance to the cashier at the time the application for permit is submitted.

C. Sidewalks, Integral Curb and Sidewalks, Curbs and Integral Curb and Gutter and Driveway Approach. Permit fee for construction staking and inspection (measured along curbline):

1. Seventy-five lineal feet or less, twenty-five dollars;

2. Seventy-six to one hundred ten lineal feet, thirty dollars;

3. One hundred eleven to one hundred fifty lineal feet, thirty-five dollars;

4. Each additional seventy-five lineal feet to and including a total of six hundred lineal feet, fifteen dollars;

5. Each additional one hundred lineal feet or fraction thereof, ten dollars;

6. Fee for checking grades and inspection only, fifty percent of any fee charges above.

D. Roadway Construction or Reconstruction. Permit fee for engineering, construction staking and inspection (measured along centerline):

1. Minimum fee, twenty dollars;

2. Less than five hundred lineal feet, two dollars per lineal foot over total length with a twenty dollar minimum;

3. Less than one thousand lineal feet, one dollar eighty cents per lineal foot over total length with a one thousand dollar minimum;

4. Over one thousand lineal feet, one dollar sixty cents per lineal foot over total length with a one thousand eight hundred dollar minimum;

5. Fee for checking grades and inspection only, fifty percent of any fee charge above, with a ten dollar minimum. However, when curbs and/or sidewalks are constructed in conjunction with street project, a separate permit for curb and/or sidewalk will not be required.

E. Water, Sanitary Sewer and Storm Drain Construction. Permit fee for engineering, construction staking and inspection:

Water, sewer and storm sewers main extensions 0.50 per lineal foot with a twenty-five dollar minimum. (Ord. 1253 §1(part), 1999; Ord. 1149 (part), 1995)

12.12.160 Permits--Records.

It shall be the duty of the engineer or his designated assistant to keep a record of all permits issued for construction under the provisions of this chapter. Such records shall show the date of issue thereof, to whom issued, a description of the property adjacent to the improvements, the nature of the improvement, and an estimate of the quantity of work and the cost thereof, fee collected by the city clerk-treasurer, and when accepted by the engineer or his designated assistant, the date of such acceptance. (Ord. 1149 (part), 1995)

12.12.170 Severability.

Should any section, paragraph, sentence or word of Sections 12.12.010 through 12.12.160 be declared for any reason to be invalid, it is the intent of the city council that it would have passed all the portions of such sections independent of the elimination herefrom of any such portion as may be declared invalid, and accordingly such declaration of invalidity shall not affect the validity of the ordinance codified in such sections as a whole, nor any part thereof, other than the part so declared to be invalid. (Ord. 1149 (part), 1995)

12.12.180 Notice.

Before performing any construction, alteration or repair of any street, alley, highway or public thoroughfare in the city which will impede the normal flow of traffic, notice thereof must be given to the public works director by the permittee. Notification shall also be given upon completion of the act or acts allowed under such permit when the affected areas are returned to original condition. Failure to do so will constitute a violation of this chapter. (Ord. 1457 §2(part), 2015; Ord. 1372 §1(part), 2008; Ord. 1149 (part), 1995)

12.12.190 Interference with other services prohibited.

The work shall be conducted so as not to interfere with access to fire stations, fire hydrants, fire alarm boxes, water valves and the U.S. Postal Service. Material or obstructions shall not be placed within fifteen feet of fire hydrants. Passageways leading to fire escapes shall be kept free of material piles or other obstructions. Access shall be maintained at all times for all types of emergency vehicles and equipment. (Ord. 1149 (part), 1995)

12.12.200 Supervision.

The acts and work permitted under such permit, and the restoration to its former condition of said street, alley, pavement or improvements, shall at all times be under the supervision and control of the engineer, but at the expense of the party procuring such permit. The fact that the engineer or an inspector was present during the progress of any work shall not relieve the permittee from responsibility for performing the work in accordance to the specifications, nor relieve him of responsibility for any defects discovered after completion of the work. If the said party fails to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such permit, the engineer may, if he deems advisable, have the right to do all work and things necessary to return such street, alley, pavement, improvement or place to its original and proper condition, and the said party obtaining such permit shall be liable therefor, and the city shall have cause of action for all fees, expenses and amount paid out upon such work. (Ord. 1149 (part), 1995; prior code §12.10.130)

12.12.210 Safety devices.

In case any public street, alley, sidewalk, highway or public place is dug up, excavated, undermined, disturbed or obstructed or any obstruction placed thereon, the persons, firm or corporation causing the same shall erect, and so long as the said conditions exist and any danger may continue, maintain around the said portion of the street, sidewalk or other public place, a good and substantial barrier, and shall cause to be maintained during every night from sunset to sunrise around said obstruction sufficient warning lights or flares including any requested by the engineer. In the event the permittee is not immediately available, the engineer may install, at the permittee’s expense, additional barricades, lights, and/or safety devices to protect the public. (Ord. 1149 (part), 1995; prior code §12.10.140)

12.12.220 Construction by property owner.

Any abutting property owner or owners are granted the right to construct sidewalks or curbs and gutters in front of their property when constructed in conformity with this chapter and such rules and regulations and specifications as may be prescribed from time to time by the city council or engineer after securing a permit therefor. (Ord. 1149 (part), 1995; prior code §12.10.150)

12.12.230 Contractor--Conformance required.

All construction of street improvements, sewers, drains, sidewalks, service walks, curbs and gutters by private contractor shall conform to the city standards and the applicable sections of the standard specifications and shall be constructed under the immediate supervision of the engineer or his designated assistant. In the event a contractor does any work whatsoever on public right-of-way, it shall be his final responsibility to see that a proper permit has been secured therefor from the city prior to commencing such work. (Ord. 1149 (part), 1995; prior code §12.10.160)

12.12.240 Contractor--Guarantee.

Any work done under a permit authorized by this chapter and which work involves excavation through or undermining of, any sidewalk, curb or paving, shall have such excavation backfilled, tamped and settled in such manner that the sidewalk, curb or paving settle within a period of one year, and it shall be repaired at the expense of or under the bond of the original constructor. (Ord. 1149 (part), 1995; prior code §12.10.170)

12.12.250 Monument preservation.

The permittee shall not disturb any survey monuments or hubs found within the boundaries of the improvements unless authorized to do so by the engineer. In the event that such monuments or hubs are to be removed because of the improvement, they must be replaced under the supervision of the engineer at the permittee’s or his agent’s expense. (Ord. 1149 (part), 1995; prior code §12.10.180)

12.12.260 Property lines and easements.

It shall be the permittee’s responsibility to confine his construction activities within the street right-of-way lines and limits of easements described on permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee. (Ord. 1149 (part), 1995; prior code §12.10.190).

12.12.270 Obstructions.

A. No fence, structure or other obstruction shall be placed within the limits of any street, alley, lane, or public road whereby public travel may be impeded or inconvenienced except for safety devices which must have flares or warning lights, as specified in Section 12.12.210.

B. It is unlawful to dump, pile, deposit, or otherwise leave any accumulation of garbage cans, leaves, grass clippings or prunings, and other debris on any public street, public utility easement, lanes, alley or highway within the city. Burning of any such debris on improved roadway or sidewalk surfaces is expressly prohibited. (Ord. 1149 (part), 1995; prior code §12.10.200)

V. BONDS AND INSURANCE

12.12.280 Bonds--Required.

Before any permit, as provided in this chapter, is issued, the contractor performing such work shall execute and deliver to the city and file with the city clerk-treasurer a bond of at least one thousand dollars or equal to the cost of the improvement, whichever is greater, to be valid at least one year from the completion of all work covered by the permit, with sureties to be approved by the director of public works and city attorney, conditioned that the contractor will keep and save harmless the city from all claims, liability, judgment, costs, damages, and expenses arising from any acts which he may do under the said permit, or which may be done by any of his agents, servants or employees, or from any negligence from his servants, contractors or any of them, in disturbing such street, alley, pavement or other improvement, or by reason of a violation of any provisions of this chapter, and also conditioned to replace the portion of the said street, alley, pavement, improvement or other place affected and to place the same in its former condition or better condition, and within the time specified by the engineer, and to include all fees, or other costs to the city as a result of activity by the permittee in the execution of his contract for which the permit was issued, except in the case of work by the city, any public utility district operating within the city, and any natural gas company, television cable company or any telephone company operating in the city by virtue of franchises granted to them by the city. (Ord. 1149 (part), 1995; prior code §12.10.210)

12.12.290 Bonds--Continuous.

Any contractor, normally operating within the city, may file with the city clerk-treasurer a bond with sureties as provided in Section 12.12.280 in the amount of one thousand dollars or more and such filing of a bond will be due evidence of good faith for any permit obtained during the life of the bond. The bond shall continue in force for at least one year following the last improvement made under permit in the city. In the event the cost of any and all improvements performed exceeds in total the value of the bond on file by the permittee, it shall be the permittee’s responsibility to increase the value of the bond to equal the total cost of the several improvements, but not more than five thousand dollars before further permits will be issued. (Ord. 1149 (part), 1995; prior code §12.10.220)

12.12.300 Liability insurance.

The contractor must furnish the city a certificate of insurance or a duplicate copy of his bodily injury liability insurance policy with minimum limits of two hundred thousand dollars per person and five hundred thousand dollars per accident and property damage insurance with minimum one hundred thousand dollars per occurrence to include injury to or destruction of wires, conduits, pipes, mains, sewers, or other similar property, or any apparatus in connection therewith, below the surface of the ground, if such injury or destruction is caused by and occurs during the use of mechanical equipment for the purpose of grading of land, paving, excavating or drilling, or injury to or destruction of property at any time resulting therefrom, and keep the same in force. It will be the contractor’s responsibility to keep and save harmless the city from all claims, liabilities, judgments, costs, damages, and expenses arising from any acts which he may do under the permit, or which may be done by any of his agents, subcontractors, employees, or all of them, in making or constructing said improvements or by reason of a violation of any of the provisions of this chapter. (Ord. 1149 (part), 1995; prior code §12.10.230)

VI. STREETS AND ALLEYS

12.12.310 Type of surfacing.

All public streets and alleys hereafter constructed in the city shall be constructed in accordance with Division II of the Standard Specifications and with a base and type of surfacing approved by the engineer. The types of surfacing are:

A. Permanent Type. Cement concrete pavement as specified in Section 39 or asphaltic concrete pavement, Class B, as specified in Section 34 of the Standard Specifications, together with cement concrete curbs and gutters.

The city will normally expect to maintain such pavements for an indefinite period of time. (Ord. 1149 (part), 1995; prior code §12.10.240)

12.12.320 Underground utilities.

All underground electric, telephone and television cables beneath present or future areas of permanent type surfaced roadways shall be encased in approved conduit or duct. (Ord. 1253 §1(part), 1999; Ord. 1149 (part), 1995; prior code §12.10.250)

12.12.330 Streets--Width.

The minimum normal width of streets in the city shall be thirty-six feet from face to face of curb and the minimum width of right-of-way shall be sixty feet for all new construction, unless otherwise approved by the city council. (Ord. 1149 (part), 1995; prior code §12.10.260)

12.12.340 Streets--New.

New streets may be constructed by (A) developers of land areas at their own expense; (B) abutting property owners by cash or by private contractors; (C) by creation of local improvement districts; or (D) by action of the city council, any of which construction shall be in accordance with the requirements of this chapter. (Ord. 1149 (part), 1995; prior code §12.10.270)

12.12.350 Streets--Improvement by private contract.

Prior to the granting of a permit for any street or surfacing work on public street rights-of-way to be done by private contract, the party or parties requesting the improvement shall provide all necessary surveys, grades, engineering design data, plans, specifications, and subsequent to issuance of permit, all necessary construction staking, all of which shall be certified by an engineer or land surveyor registered in the state. However, as an alternate to using the registered engineer or land surveyor, the city may do this work at cost for party or parties if mutually agreed. The permittee or contractor actually doing the work and subsequent to issuance of the permit shall notify the engineer in writing at least one business day in advance of commencing operations or commencing any construction phase. The engineer, or his designated assistant, shall check the work as to line and grade and inspect the work until the same is completed, and it shall be unlawful for work to commence until the grades and alignment have been so checked and an inspector placed upon the location of the work at the time the work is actually commenced. Subsequent to completion of the work, but before acceptance of the completed work by the city, the permittee shall furnish the engineer an acceptable transparent tracing or drawing indicating the “as built” condition of the work which shall show final grades and other engineering data, all of which shall be certified by the engineer or land surveyor who is registered in the state who was responsible for the work. The city may refuse to maintain any street which has not been built in compliance with this chapter nor accepted by the engineer. (Ord. 1149 (part), 1995; prior code §12.10.280)

12.12.360 Written acceptance.

No improvement will be accepted until the engineer is satisfied that the work has been performed according to the requirements of this chapter and to the lines and grades as established and staked. (Ord. 1149 (part), 1995; prior code §12.10.290)

12.12.370 Streets--Arterial.

Construction of arterial streets will be initiated by action of the city council in accordance with the six-year comprehensive street program or upon approval by the voters of special bond improvement projects. (Ord. 1149 (part), 1995; prior code §12.10.300)

12.12.371 Complete streets.

In this section, “complete street” means a road that is designed to be safe for drivers; bicyclists; transit vehicles and users; and pedestrians of all ages and abilities. The complete streets concept focuses not just on individual roads but on changing the decision-making process so that all users are routinely considered during the planning, designing, building and operating of all roadways.

A. The city of Goldendale will plan for, design and construct all new transportation projects to provide appropriate accommodation for bicyclists, pedestrians, transit users and persons of all abilities in comprehensive and connected network with the following exceptions:

1. Where their establishment would be contrary to public health and safety; or

2. Where there is no identified long-term need; or

3. Where there are significant adverse environmental impacts to streams, wetlands, steep slopes, or other critical areas; or

4. Where there are significant adverse impacts on neighboring land uses, including impacts from right-of-way acquisition; or

5. Where the public works director grants a documented exception which may only be authorized in specific situations where conditions warrant. Such site-specific exceptions shall not constitute general changes to the standards set in this section.

B. Except in unusual or extraordinary circumstances, complete streets principles may not apply to the following.

1. Repairs made pursuant to pavement opening and restoration allowed by approval of the public works director.

2. Ordinary maintenance activities designed to keep assets in serviceable condition (e.g., mowing, cleaning, sweeping, spot repair and surface treatments such as chip seal, or interim measures on detour or haul routes).

C. Complete streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. It is the city’s intent that all sources of transportation funding be drawn upon to implement complete streets. The city believes that maximum financial flexibility is important to implement complete streets principles.

D. Street design must provide for the maximum loading conditions anticipated. The width and grade of the pavement must conform to specific standards set forth herein for safety and uniformity. (Ord. 1434 §1, 2014)

VII. SIDEWALKS, CURBS AND GUTTERS

12.12.380 Conformance to standards.

All sidewalks, curbs and gutters hereafter constructed in the city shall be constructed in accordance with Division II of the Standard Specifications. (Ord. 1149 (part), 1995; prior code §12.10.310)

12.12.390 Grade establishment.

All curbs and/or sidewalks hereafter constructed or rebuilt shall be built to the lines and grades, and to accommodate the width of roadway, established for the street. (Ord. 1149 (part), 1995; prior code §12.10.320)

12.12.400 Construction.

Unless otherwise ordered by the engineer, all sidewalks, curbs and gutters hereafter constructed upon any public right-of-way within the city shall be built in compliance with the Standard Specifications as described in Section 12.12.040. (Ord. 1149 (part), 1995; prior code §12.10.330)

12.12.410 Engineering and inspection.

Upon granting a sidewalk, curb or curb and gutter permit by the engineer, it shall be the duty of the engineering department to cause said proposed improvement to be staked, giving the lines to which the improvement must conform. The person or persons performing the work shall take proper precautions to protect the stakes set by the department and any and all stakes lost or destroyed shall be replaced by the department at the additional expense of the person obtaining the permit. The person making such improvement, his contractor or his agent shall notify the engineer in writing at least one business day in advance of the time when the forms will be completed and ready for placing of concrete. The engineer or his designated assistant shall check the forms as to line and grade and inspect the work until the same is completed and it shall be unlawful for any person, contractor or his agent to commence construction work until the forms have been so checked and approved. (Ord. 1149 (part), 1995; prior code §12.10.340)

12.12.420 Acceptance.

12.12.430 Maintenance.

Maintenance of sidewalks and driveways shall be set forth in Sections 12.08.120 and 12.08.130. (Ord. 1149 (part), 1995; prior code §12.10.360)

VIII. DRIVEWAYS AND APPROACHES

12.12.440 Conformance to standards.

All paved driveways and approaches on public right-of-way hereafter constructed in the city shall be constructed in accordance with Division II of the Standard Specifications. (Ord. 1149 (part), 1995; prior code §12.10.370)

12.12.450 Grade establishment.

All driveways or approaches hereafter constructed or reconstructed in areas where walks, curbs or curbs and gutters do not exist shall be built to lines and grades, and to allow the width of roadway established for said street. (Ord. 1149 (part), 1995; prior code §12.10.380)

12.12.460 Permits.

A single permit may authorize one or more driveways or approaches to be constructed along the frontage of any one ownership or leasehold. However, no permit shall be issued, if in the judgment of the engineer, the proposed driveway or approach may impair the use of the street or be unduly dangerous to traffic or is not in accordance with the provisions of this chapter. (Ord. 1149 (part), 1995; prior code §12.10.390)

12.12.470 Construction.

Unless otherwise ordered by the engineer, all driveways or approaches constructed upon any public right-of-way within the city shall be built in compliance with the standard specifications as described in Section 12.12.040. However, these plans may be amended and superseded by the special requirements for service stations when permitted in a use district by a conditional use permit. (Ord. 1149 (part), 1995; prior code §12.10.400)

12.12.480 Other than residential.

Except for conflicting provisions for driveways for service stations constructed in a use district by conditional use permit, the following shall apply:

A. No single driveway shall exceed thirty feet in width measured parallel to the curbline;

B. Total width of all driveways along any single street and single ownership or leasehold frontage shall not exceed fifty percent of the total frontage along that street;

C. The approach angle of any driveway shall not be less than seventy degrees measured from the curbline;

D. No driveway shall be constructed within three feet (excluding curb slopes) from the extended property line of separate ownership or leaseholds measured parallel to the curb. However, in a case where one driveway is to be used by two adjoining ownerships or leaseholds, the driveway and driveway entrance may be continuous but each ownership or leasehold shall have a minimum of ten feet of driveway fronting on each of the ownerships or leaseholds and the total width of driveway shall not exceed thirty feet;

E. Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended or which for any reason has become unnecessary shall be closed and the fronting owner shall replace any such driveway approach with a standard curb and/or curb and walk section, all of which shall be constructed according to the terms of this chapter, within ninety days after notification of the engineer. (Ord. 1149 (part), 1995; prior code §12.10.410)

12.12.490 Engineering and inspection.

In any area where walks, curbs or curbs and gutters do not exist, the engineering and inspection of driveways or approaches shall be the same as for a sidewalk, curb or gutter. In the event the driveway or driveway approach is being constructed in conjunction with sidewalk, curb or curb and gutter construction, the engineering and inspection shall be considered coincidental to the sidewalk, curb or curb and gutter construction and no separate permit shall be required. In the event the driveway or approach is being added in an existing sidewalk, curb, or curb and gutter area the person making the improvement, his contractor or his agent shall notify the engineer in writing at least one business day in advance of the time the work will commence and also when paving and surfacing work is to commence.

The engineer or his designated assistant shall check any forms as to line and grade and inspect the work until the same is completed. (Ord. 1149 (part), 1995; prior code §12.10.240)

IX. SANITARY SEWERS AND STORM DRAINS

12.12.500 Compliance with standards.

All sewers, trunk lines, main lines, manholes, cleanouts and catch basins hereafter constructed in the city and extensions thereof shall be constructed in accordance with Division II of the Standard Specifications, and with approval of the engineer. A permit is required for the construction of side sewers and connections and shall be obtained from the engineer’s office. (Ord. 1149 (part), 1995; prior code §12.10.430)

12.12.510 Private construction.

A. Prior to the issuing of a construction permit, a connect order must be obtained by the party or parties seeking such improvement. Prior to the granting of a permit for the construction of any sanitary sewers or storm drains on public street right-of-way to be done by private contract, the permittee requesting the improvement shall provide all necessary surveys, grades, engineering design data, plans, specifications, and subsequent to issuance of the permit, all necessary construction staking, all of which shall be certified by an engineer or land surveyor registered in the state. However, as an alternate to using the said registered engineer or land surveyor, the city may do this work at the rates prescribed in Section 12.12.130 for the permittee if mutually agreed. The permittee or contractor actually doing the work and subsequent to issuance of the permit shall notify the person in charge in writing at least one business day in advance of commencing operations or commencing any construction phase. The engineer in charge, or his designated assistant, shall check the work as to line and grade and inspect the work until the same is completed, and it is unlawful for work to commence until the grades and alignment have been so checked and an inspector placed upon the location of the work at the time the work is actually commenced, and all work shall be inspected prior to backfilling.

B. When engineering is performed by a registered engineer or land surveyor and subsequent to completion of the work, but before acceptance of the completed work by the city, the permittee shall furnish the person in charge acceptable transparent tracings or drawings indicating the as built” condition of the work which shall show final grades and other engineering data all of which shall be certified by the engineer or land surveyor who is registered in the state who was responsible for the work. The city may remove the connection to the system or refuse to maintain any sanitary sewers or storm drains which have not been built in compliance with this chapter nor accepted by the engineer in charge.

C. No person shall discharge or cause to be discharged any stormwater, surfacewater, groundwater, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 1149 (part), 1995; prior code §12.10.440)

12.12.520 Sewer connections.

No person or persons, firm, association or corporation shall make or cause to be made any connection to any sewer or part of the sewerage system of the city, except by a person or persons regularly licensed to perform that class of work, or approved by the engineer, and such work shall be inspected prior to back-filling to the satisfaction and approval of the engineer. (Ord. 1149 (part), 1995; prior code §12.10.450)

12.12.530 General conditions.

General conditions shall be as set forth in Sections 12.12.050 through 12.12.270. (Ord. 1149 (part), 1995; prior code §12.10.460)

12.12.540 Bonds and insurance.

Bonds and insurance shall be as set forth in Sections 12.12.280 through 12.12.300. (Ord. 1149 (part), 1995; prior code §12.10.470)

12.12.550 Acceptance.

No improvements will be accepted until the engineer is satisfied that the work has been performed according to the requirements of this chapter and to the lines and grades as established and staked. (Ord. 1149 (part), 1995; prior code §12.10.480)

X. WATER DISTRIBUTION

12.12.560 Compliance with standards and rules required.

A. All construction of water lines in the water system of the city shall be constructed in accordance with Division IV of the Standard Specifications, and all installations in public streets, alleys, or easements shall be approved by the engineer.

B. Rules and Regulations. All transactions concerning water utilities shall be made through the office of the water and sewer department and permits for construction shall be obtained from the engineer’s office. (Ord. 1149 (part), 1995; prior code §12.10.490)

12.12.570 Private contractor.

A. Prior to the issuing of a construction permit, a connect order must be obtained by the party or parties seeking such improvement. Prior to the granting of a permit for contract, the permittee requesting the improvement shall provide all necessary surveys, grades, engineering design data, plans, specifications, and subsequent to issuance of the permit, all necessary construction staking, all of which shall be certified by an engineer or land surveyor registered in the state. However, as an alternate to using said registered engineer or land surveyor, the city may do this work at the rates prescribed in Section 12.12.130 for the permittee if mutually agreed. The permittee or contractor actually doing the work and subsequent to issuance of the permit shall notify the person in charge in writing at least one business day in advance of commencing operations or commencing any construction phase. The engineer or his designated assistant shall check the work as to line and grade and inspect the work until the same is completed, and it is unlawful for work to commence until the grades and alignment have been so checked and an inspector placed upon the location of the work at the time the work is actually commenced, and all work shall be inspected prior to backfilling.

B. In the event engineering is performed by a registered engineer or land surveyor and subsequent to completion of the work, but before acceptance of the completed work by the city, the permittee shall furnish the engineer an acceptable transparent tracing or drawing indicating the “as built” condition of the work which shall show final grades and other engineering data, all of which shall be certified by the engineer or land surveyor who is registered in the state who was responsible for the work. The city may refuse to maintain any water distribution lines which have not been built in compliance with this chapter nor accepted by the engineer. (Ord. 1149 (part), 1995; prior code §12.10.500)

12.12.580 Service connections.

All service connections to private users will be made by city forces unless a special contract has been made between the private user or bona fide contractor and the engineer. (Ord. 1149 (part), 1995; prior code §12.10.510)

12.12.590 General conditions.

General conditions shall be as set forth in Sections 12.12.050 through 12.12.270. (Ord. 1149 (part), 1995; prior code §12.10.520)

12.12.600 Bonds and insurance.

Bonds and insurance shall be as set forth in Sections 12.12.210 through 12.12.300. (Ord. 1149 (part), 1995; prior code §12.10.530)

12.12.610 Acceptance.

No improvement will be accepted nor water furnished until the engineer is satisfied that the work has been performed according to the requirements of this chapter and to the lines and grades as established and staked. (Ord. 1149 (part), 1995; prior code §12.10.540)

XI. ENFORCEMENT

12.12.620 Violation--Penalty.

Any person in violation of the provisions of this chapter shall be deemed guilty of an infraction, and shall be fined not less than ten dollars nor more than one hundred dollars and each day in violation thereof shall be considered a separate offense. (Ord. 1149 (part), 1995; Ord. 1018 §1, 1988: prior code §12.10.550)

Editor’s note: Sections 12.12.130--12.12.550 were renumbered by Ord. 1149 to be 12.12.200--12.12.620. Prior history: Prior code §§12.10.010--12.10.100 as amended by Ords. 955, 1061, 1084 and 1106.

Prior history for §§12.12.010--12.12.120: Prior code §§12.10.110 and 12.10.120. Ord. 1126.