Chapter 13.56 UTILITIES

The purpose of this chapter is to establish a county policy to provide administrative, procedural and technical guidance for the installation, replacement, adjustment, maintenance, repair and relocation of all above-ground and below-ground utility facilities and other transmission or transport facilities which are located within the county rights-of-way. [Ord. 1-00]

13.56.020 Accommodation of utilities on Jefferson County rights-of-way.

(1) The board finds that it is in the public interest of Jefferson County to adopt regulations (hereinafter policy) to preserve and protect county rights-of-way and provide for an orderly process of installing utility facilities.

(2) This policy shall apply to all franchises and permits issued pursuant to RCW 80.32.010, RCW 80.36.040, Chapter 36.55 RCW, and the Jefferson County telecommunications ordinance, Chapter 13.60 JCC, et. seq., to all public and private utilities, and to all installation, replacement, adjustment, maintenance, repair and relocation of utility facilities within the county rights-of-way, including but not limited to, electric power, telecommunications, telephone, cable television, telegraph, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation, and similar pipes, lines or cables. All contractors, companies and installers of fiber optic cable shall obtain a permit from the county and receive approval prior to the installation of any fiber optic or copper sheath cable within county rights-of-way. This policy cannot address all situations and conditions that may be encountered. Specific provisions contained herein may not be appropriate for all locations and existing conditions. The policy is intended to assist, but not substitute for, competent work by both road and utility design and installation professionals. This policy is not intended to limit any innovative or creative effort, which could result in better quality, better cost savings or improved safety characteristics.

(3) It shall be the responsibility of any utility provider installing or relocating any of its utility facilities to ascertain and abide by the requirements and conditions of this policy.

(4) All the provisions, conditions, regulations, and requirements herein contained shall be binding upon the successors, assigns, and independent contractors of the utility provider, and all rights and privileges of the utility provider shall inure to its successors, assigns and such contractors equally as if they were specifically mentioned herein wherever the utility provider is mentioned.

(5) A copy of any amendments to this policy shall be forwarded to the county road administration board within 30 days of such adoption in accordance with WAC 136-40-050. [Ord. 1-00]

13.56.030 Definitions.

Unless otherwise stated, words and phrases used herein shall have the following meanings:

(1) “Appurtenance” means equipment and/or accessories, which are a part of an operating utility system or subsystem.

(2) “Backfill” means replacement of excavated material with suitable material compacted as specified.

(3) “Bedding” means placement of suitable material to provide structural support and protect a pipe, conduit, casing or gallery.

(4) “Board” means the Jefferson County board of county commissioners.

(5) “Boring” means grade and alignment-controlled mechanical or other method of installing, such as hole hogging, a pipe or casing under a road without disturbing the surrounding medium.

(6) “Cable operator” shall have the same meaning as defined in the Federal Cable Acts.

(7) “Carrier” means pipe directly enclosing a transmitted fluid or gas.

(8) “Casing” means a larger pipe enclosing a carrier for the purpose of providing structural or other protection to the carrier and/or to allow for carrier replacement without re-excavation, jacking or boring.

(9) “CDF” means controlled density fill that consists of a mixture of aggregate, water, and Portland cement in the proportions approved by the county.

(10) “Coating” means protective material applied to the exterior or interior of a pipe or conduit to prevent or reduce abrasion and/or corrosion damage.

(11) “Conduit” means an enclosed tubular runway for protecting wires or cables.

(12) “County” means the municipal corporation known as Jefferson County and/or the designated employees, representatives or agents of Jefferson County, including, but not limited to, the person who satisfies the definition of “director” found in this definitional section.

(13) “Cover” means depth to top of pipe, conduit, casing or gallery below the grade of a road, shoulder or ditch.

(14) “Director” means the director, Jefferson County department of public works or his/her designee.

(15) “Drain” means appurtenances to discharge accumulated liquids from casings or other enclosures.

(16) “Emergency” means any condition constituting a clear and present danger to life or property, or a customer service outage.

(17) “Encasement” means a structural element surrounding a pipe or conduit for the purpose of preventing future physical damage to the pipe or conduit.

(18) “Engineer” means the Jefferson County engineer or designee.

(19) “Excavation” means any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than 12 inches in depth for agricultural purposes, or road and ditch maintenance that does not change the original road grade or ditch flowline.

(20) “Fiber optics” means any form of communications transmission by glass wire strands that uses light to send data, video and sound.

(21) “Franchise” means an occupancy and use document granted by the county for occupancy of rights-of-way in accordance with Chapter 36.55 RCW and/or Chapter 80.32 RCW.

(22) “Gallery” means an underpass for two or more utility lines.

(23) “Grantee” means utility providers, telecommunications carriers and cable operators granted rights and bound by obligations as more fully described herein.

(24) Gross Noncompliance. The director shall make a determination that a utility provider (as that term is defined in this chapter) is in “gross noncompliance” when an act or omission of that utility provider did create, has created or will create a health, welfare or safety hazard to the citizens of the county or the act or omission of the utility provider did create, has created or will create a roadway stability hazard.

(25) Jacking. See “Boring.”

(26) “License” means any authorization to use Jefferson County right-of-way granted and designated in writing by Jefferson County prior to the adoption of the ordinance codified in this chapter, a license granted under Chapter 13.68 JCC, or a license granted under any future ordinance or amended chapter of the Jefferson County Code.

(27) “Licensee” means any person, firm or business entity holding or subsequently obtaining a license as that term is defined in this chapter.

(28) “Manhole” means an opening in an underground utility system into which workers or others may enter for the purpose of cleaning, testing, making installations, inspections, repairs and connections.

(29) “MUTCD” refers to the current edition of the Manual on Uniform Traffic Control Devices, as adopted by the State Department of Transportation and published by the United States Department of Transportation, Federal Highway Administration.

(30) “Overhead facilities” means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

(31) “Pavement” means the combination of subbase, base course, and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.

(32) “Permit” means a document issued under the authority of the county engineer or director. The permit provides specific requirements and conditions for specific utility work at specific locations within the rights-of-way.

(33) “Permittee” means a utility owner (or the utility owner’s designated representative) who has a utility facility within a county right-of-way or who has been granted certain rights and obligations as more fully described herein pursuant to a permit as that term is defined in this chapter.

(34) “Pipe” means a structural tubular product designed, tested, and produced for the transmittance of specific liquids and gases under specific conditions.

(35) “Plowing” means direct burial of utility lines by means of a “plow” type mechanism, including but not limited to wheel trenching, which breaks the ground, places the utility line at a predetermined depth, and closes the break in the ground.

(36) “Pressure” means internal gauge pressure in a pipe in pounds per square inch, gauge (psig).

(37) “Private lines” means privately owned, operated and maintained utility facilities devoted exclusively to the use of the owner.

(38) “Relocation” means the changing of location of an existing utility facility or appurtenance to another location without changing the character or general physical nature of the utility facility or appurtenance.

(39) “Replacement” means installation of a like element of a utility system or subsystem in the same or near-same physical location to function in place of an existing element normally due to damage, wear or obsolescence of the element.

(40) “Restoration” means all work necessary to replace, repair or otherwise reestablish the right-of-way and all features contained within it to the same or equal condition as it existed prior to any change or construction therein.

(41) “Rights-of-way” includes the surface of and space above and below any real property in the county in which the county has any interest whether in fee or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways or any other public place, area or property under the control of the county.

(42) “Road” or “roadway” means a general term denoting a street, road or other public way, including shoulders, designated for the purpose of vehicular traffic.

(43) “Road standards” means the Jefferson County road standards, as are or may be codified in the Jefferson County Code, or as provided by Jefferson County through the director of public works or the county engineer.

(44) “Service connection” means a single connection made to a utility facility for the purpose of providing utility or telecommunication services.

(45) “Service repair” means a repair made to a service connection.

(46) “Sleeve” means a short casing through a pier, wall or abutment of a highway structure.

(47) “Significant tree” means a healthy tree (i.e., a tree that does not have a high probability of falling due to a debilitating disease or a structural defect) 24 inches in diameter at breast height (four and one-half feet above grade) located within the county rights-of-way or overhanging the rights-of-way.

(48) “Standard specifications” means the Washington State Department of Transportation “Standard Specifications for Road, Bridge, and Municipal Construction,” current edition.

(49) “Telecommunications carriers” includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the county, used or to be used for the purpose of offering telecommunications service.

(50) “Telecommunications facilities” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics, and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications service.

(51) “Telecommunications service” means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service(s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

(52) “Traffic control” means those activities necessary to safeguard the general public, as well as all workers, during the construction and maintenance of utility facilities within the rights-of-way.

(53) “Trenched” means installation of a utility in an open excavation.

(54) “Underground facilities” means utility or telecommunications facilities located under the surface of the ground and associated above-ground appurtenances including but not limited to communication pedestals, and pad-mounted electrical transformers, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead facilities.

(55) “Untrenched” means installation of a utility without breaking the ground or pavement surface such as by jacking or boring.

(56) “Utility facility” means privately, publicly, or cooperatively owned plant, equipment and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility or telecommunications services.

(57) “Utility provider” shall be defined to include any and all cable operators, grantees, licensees, permittees and telecommunications carriers as those terms are defined in this chapter.

(58) “Vent” means an appurtenance to discharge gaseous contaminants from casings or other enclosures. [Ord. 1-00]

13.56.040 Applications.

Applications for annual and individual utility permits to construct, maintain, repair, relocate, or remove utility facilities within the rights-of-way shall be submitted upon forms provided by the county. Such applications may need to be supplemented with a State Environmental Policy Act (SEPA) checklist, critical areas administrative review (CAAR) form, or shoreline permit, if applicable. The director shall determine when the application is complete. The applicant shall pay all associated fees and shall include any additional information as requested by the director. The application shall be accompanied by a description of the utility facilities to be constructed, drawings, plans and specifications in sufficient detail to demonstrate that:

(1) The utility facilities will be constructed in the rights-of-way in accordance with all applicable codes, rules, and regulations;

(2) The location and route of all utility facilities to be installed on existing utility poles in the rights-of-way;

(3) The location and route of all utility facilities in the rights-of-way to be located under the surface of the ground, including line and grade proposed for the burial;

(4) To the extent such information is made accessible to the applicant, the approximate location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the rights-of-way along the route proposed by the applicant as located through the One-Call system (Chapter 19.122 RCW);

(5) The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the rights-of-way;

(6) The location and dimension of all significant trees that would be impacted by the project (e.g., tree removal, topping, locating above ground and underground facilities within the drip line) and a detailed description of the proposed impacts on such trees. Information on trimming of significant trees shall be submitted in accordance with JCC 13.56.380(4).

(7) The location of all monuments within or adjacent to the proposed route that will be removed or destroyed. [Note: Permits may be required by Chapter 332-120 WAC.] [Ord. 1-00]

13.56.050 Utility permit types.

As far as practicable, all utility providers shall construct new utility facilities underground. Above-ground facilities or extension of overhead facilities following county right-of-way shall be undertaken only with the approval of the director; provided, however, that said approval shall not be unreasonably withheld. Utility provider shall convert existing overhead facilities to underground facilities as and when equipment replacement is undertaken, or when other existing overhead facilities are placed underground, unless such replacement is unsafe, impracticable, or economically unreasonable as determined by the director. Line extension policies and procedures established by the utility provider uniformly applied through its service area, shall be the standard in determining what is “practical, impractical or economically unreasonable” under this chapter; all utility providers conducting work within county rights-of-way shall obtain a utility permit as follows, unless otherwise exempted hereunder:

(1) Type A Activities. Type A activities shall include installing less than five new utility poles or replacing any utility poles, installing short side utility services more than two feet off the edge of pavement, individual service connections with less than 200 feet of trenching, and removing two or fewer panels of Portland cement concrete sidewalk. Utility providers conducting Type A activities within county rights-of-way shall obtain an annual utility permit. Upon obtaining an annual utility permit, all utility providers shall provide written notification before starting any Type A activities and must provide written certification within 10 calendar days that the work was done in conformance with this chapter. The county shall do random inspections of work conducted under an annual utility permit.

(2) Type B Activities. Type B activities have a greater impact on the rights-of-way than Type A activities. Type B activities shall include individual service connections with more than 200 feet of trenching, all roadway crossings, installing underground vaults, constructing splice pits, attaching to any bridge structure, installing main lines, and all other utility activities within county rights-of-way. Utility providers conducting Type B activities within county rights-of-way shall obtain an individual utility permit for each Type B activity.

(3) Exempted Activities. Utility providers conducting the following exempted activities within county rights-of-way shall not be required to obtain an utility permit; however, utility providers shall comply with all other provisions of this chapter: stringing cables on utility poles and associated maintenance thereof, accessing and maintenance of existing manholes, handholes, pedestals, closures and vaults, and replacing above-ground meters, transformers, closures, and pedestals, and performing emergency work. [Ord. 1-00]

13.56.060 Revocation of annual utility permit.

Upon not less than three business day’s written notice by the director to the offending utility provider, the director may, after concluding that an act or omission constituting gross noncompliance has occurred, revoke a utility provider’s annual utility permit at any time. If approved by the director, the annual utility permit may be automatically revoked after three written notifications of noncompliance with this chapter within any 12-month period, said period to be measured backwards from the date of the last of the three written notifications. For example, if the third written notification was dated February 1, 2000, then the measuring period would go back 12 months to February 1, 1999. The revocation shall remain in effect until such time as the utility provider addresses the issues of noncompliance and corrective measures to the director. The director may reissue the annual utility permit if corrective steps have been taken to insure future compliance. If a utility provider’s annual utility permit is revoked and prior to reinstatement, the utility provider shall obtain an individual utility permit for each Type A activity conducted within county rights-of-way. [Ord. 1-00]

13.56.070 Franchise.

(1) To the extent permitted by law, a franchise shall be required of any utility provider who currently occupies or desires in the future to occupy rights-of-way and to provide utility services to any person or area in the county. Utility provider shall pay all the fees and/or taxes as provided herein and in the franchise agreement. However:

(a) Franchises will not be required for the construction and maintenance of utility facilities serving one single-family residence where such facilities will cross the rights-of-way perpendicular to the rights-of-way line, plus or minus 10 degrees. Persons who fall under this franchise exemption shall enter into an indemnification agreement before a utility permit will be issued.

(b) Franchises will not be required for any work on county rights-of-way that is performed by or on behalf of the county or by any entity under contract with the county to perform such work.

(2) No franchise granted hereunder shall confer upon any utility provider any exclusive right, privilege or franchise to occupy or use the rights-of-way for delivery of utility services or any other purposes.

(3) Except as otherwise provided in this chapter, this section shall have no effect on any existing franchise or agreement until:

(a) The expiration of said franchise or agreement; or

(b) An amendment to an unexpired franchise or agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date; or

Notwithstanding the foregoing, the requirements of this section shall apply to any utility provider who currently occupies rights-of-way without a license, franchise or other agreement with the county. Any such utility provider shall apply for a franchise as provided by this section within 120 days of the effective date of the ordinance codified in this chapter.

(4) If a utility provider is required to obtain a license, franchise, or cable television franchise under the telecommunications ordinance, Chapter 13.60 JCC et seq., then this section shall not apply.

(5) Whenever any of the rights-of-way designated in such franchise shall be eliminated from county jurisdiction by reason of the incorporation or annexation to a city, then all the rights, privileges and franchises so granted shall terminate in respect to the right-of-way so eliminated.

(6) If at any time Jefferson County shall vacate any county right-of-way which is subject to rights granted by said franchise, then the board of county commissioners may, at its option, after 90 days written notice to the grantee, terminate the franchise and any use granted thereunder. Further use of the property shall be the sole responsibility of the grantee. However, the county may retain a utility easement on the roads being vacated at its sole discretion. [Ord. 1-00]

13.56.080 Determination by county.

Within 120 days after submittal of a complete application herein, the board shall make a determination granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial. The following criteria shall apply when determining whether to grant or deny the application:

(1) The financial and technical ability of the applicant to fulfill its obligations under a franchise;

(2) The legal status of the applicant;

(3) The capacity of the rights-of-way to accommodate the applicant’s facilities;

(4) The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted;

(5) The damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same;

(6) The public interest in minimizing the cost and disruption of construction within the rights-of-way;

(7) The service that applicant will provide to the region;

(8) The effect, if any, on general public health, safety and welfare in the county’s sole opinion if the application is granted;

(9) The availability of alternate routes or locations for the proposed facilities;

(10) Applicable federal, state and local laws, regulations, rules and policies;

(11) Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. [Ord. 1-00]

13.56.090 Agreement.

No franchise granted hereunder shall be effective until the applicant and the board have executed a written agreement setting forth the particular items and provisions under which the franchise shall occupy and use the county’s rights-of-way. All franchises granted pursuant to this chapter shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, do not provide more or less favorable terms and conditions than those required of other utility providers. [Ord. 1-00]

13.56.100 Nonexclusive grant.

No franchise granted hereunder shall confer upon any utility provider any exclusive right, privilege or franchise to occupy or use the rights-of-way for delivery of utility facilities or any other purposes. [Ord. 1-00]

13.56.110 Use granted.

(1) No franchise granted hereunder shall convey to the utility provider any right, title or interest in the rights-of-way but shall be deemed a franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.

(2) No franchise granted hereunder shall authorize or excuse a utility provider from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use rights-of-way.

(3) No franchise granted hereunder shall be construed as granting, providing or creating any warranty of title. [Ord. 1-00]

13.56.120 Term of grant.

Unless otherwise specified in a franchise agreement, a franchise granted hereunder shall be valid for a term of not more than 10 years. [Ord. 1-00]

13.56.130 Franchise territory.

A franchise granted hereunder shall be limited to the specific geographic area of the county to be served by the franchisee, and the specific rights-of-way and portions thereof, as may be identified in the franchise agreement. [Ord. 1-00]

13.56.140 Utility permits.

All utility providers are required to obtain permits and pay all fees for utility facilities as required by the county; provided, however, that nothing in this chapter shall prohibit the county and a utility provider from agreeing to alternative plan review, permit and construction procedures in a franchise agreement; and further provided, that such alternative procedures provide substantially equivalent safeguards for responsible construction practices. [Ord. 1-00]

13.56.150 Compensation to county.

Each franchise granted hereunder is subject to the county’s right, to the extent permitted by law, to fix a fair and reasonable compensation to be paid for use of property, provided nothing in this chapter shall prohibit the county and a utility provider from agreeing upon the amount of compensation. In the absence of such an agreement, compensation shall be in an amount established by the board. [Ord. 1-00]

13.56.155 Amendment of grant.

(1) A new franchise application and grant shall be required of any utility provider that desires to extend its franchise territory or to locate its facilities in rights-of-way which are not included in a franchise previously granted hereunder.

(2) If ordered by the county to locate or relocate its facilities in rights-of-way not included in a previously granted franchise, the county shall grant the utility provider a franchise amendment without further application.

(3) A franchise application and grant shall be required of any utilities provider that desires to add to or modify the utility services provided pursuant to a franchise previously granted. [Ord. 1-00]

13.56.160 Renewal applications.

A utility provider that desires to renew its franchise hereunder shall, not more than 180 days nor less than 120 days before expiration of the current franchise, file an application with the director or director’s designee for renewal of its franchise which shall include the following information:

(1) The applicable information required pursuant to the franchise application;

(2) Any other information required by the county. [Ord. 1-00]

13.56.170 Renewal determinations.

Within 120 days after receiving a complete application hereunder, the board shall make a determination on behalf of the county granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal. The criteria enumerated in JCC 13.56.080 shall apply when determining whether to grant or deny the application, and the board may further consider the applicant’s history of compliance with the requirements of this chapter and the franchise agreement. [Ord. 1-00]

13.56.180 Obligation to cure as a condition of renewal.

No franchise shall be renewed until any ongoing violations or defaults in the franchisee’s obligations under the franchise agreement, the requirements of this chapter, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the utility provider has been approved by the administrator. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or immediate revocation of the franchise. [Ord. 1-00]

13.56.190 Utility permit fee.

Prior to the county’s issuance of an annual or individual utility permit, the applicant shall pay a utility permit fee to recover the county’s actual attributable costs and expenses. The amount of the utility permit fee is dependent upon the type of activity being conducted within the county rights-of-way as defined in JCC 13.56.050. For all Type A activities, the annual utility permit fee shall be 20 percent of the individual utility permit fee for each Type A activity conducted within the rights-of-way. The annual utility permit fee shall be paid to the county no later than the tenth day of each month following the preceding month’s activities. For all Type B activities, the individual utility permit fee shall be established pursuant to the schedule of fees adopted by the board. [Ord. 1-00]

13.56.200 Financial security.

(1) Before any construction work is started, financial security in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest in a bank account in an amount determined by the director may be required for a period ending not more than one year after date of completion to insure completion of construction. Completion of construction includes the restoration of surfacing, slopes, slope treatment, topsoil, landscape treatment, drainage facilities and cleanup of the rights-of-way. If a surety bond is used as financial security, it shall be written by a surety company authorized to do business in the state of Washington.

(2) A blanket financial security or proof of adequate self-insurance may be maintained covering multiple permits in lieu of individual financial security at the director’s discretion.

(3) Financial security will not be required of the United States government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions.

(4) The financial security shall guarantee, to the satisfaction of the county:

(a) Timely completion of construction;

(b) Construction in compliance with applicable plans, permits, technical codes and standards;

(d) Restoration of the rights-of-way and other property affected by the construction. [Ord. 1-00]

13.56.210 Location.

It shall be the responsibility of each utility provider to participate in the “One-Call system” (Chapter 19.122 RCW) by subscribing to the Utilities Underground Location Center’s or a similar service.

(1) Utility installations shall be located to minimize need for later adjustment to accommodate future roadway improvements and to permit access to servicing such installations with minimum interference to roadway traffic. The county shall make available to utility provider a copy of its six-year transportation improvement program (or capital facilities and transportation plan where required), in order to minimize both utility customer and road user inconvenience should future road improvements (on existing or new alignment) require adjustment or relocating of the utility facilities. Utility installations shall also be located to minimize impacts to critical areas, as defined in Jefferson County’s critical areas ordinance, Chapter 17.15 JCC.

(2) The utility company shall be responsible to consider a minimum clear zone distance in all new construction, reconstruction or relocation of all overhead facilities and their appurtenances and underground facilities. “Clear zone” shall be defined as the roadside area at the edge of the traveled lane that is available for safe use by errant vehicles. The available clear zone is the distance, measured in feet, normal to the roadway beginning at the edge of the traveled lane to the closest part of any fixed object or nontraversable obstacles as defined in the WSDOT Design Manual (M 22-01) and the 1990 AASHTO “A Policy on Geometric Design of Highways and Streets” (Green Book).

(3) Survey control monuments, including existing monuments that are disturbed, destroyed or removed during construction shall be placed or replaced by a registered surveyor, at the expense of the utility provider, in accordance with recognized good practice of land surveying, and in conformance with all applicable state law and state and local regulations. [Ord. 1-00]

13.56.220 Design.

(1) The utility provider shall be responsible for the design of the utility facility being proposed. This responsibility shall include, in addition to the integrity of the proposed utility facility, provisions for public safety during the course of construction and consideration of traffic safety and accident potential for the life of the installation.

(2) The county may review and approve the utility provider plans of the utility provider with respect to:

(a) Location;

(b) The manner in which the utility facility is to be installed;

(d) Structural integrity of the roadway, bridge or other structure;

(e) Ease of future road maintenance; and

(f) Appearance of the roadway.

(3) The utility provider shall notify the director of known or planned expansion of the utility facilities within the rights-of-way, particularly those facilities located underground or attached to bridges or other structures within the rights-of-way.

(4) The county’s granting of a franchise or permit shall not imply or be construed to mean the county shall be responsible for the design, construction, or operation of the facility or for public safety during the life of the facility. [Ord. 1-00]

13.56.230 Standards and codes.

All utility installations shall be designed in accordance with the standards, codes, and regulations applicable to the type of utility. Such standards shall also include any road standards the county deems necessary to adequately protect the road, its safe operation, appearance and maintenance. The utility provider shall further comply with any applicable provisions of Chapter 18.35 JCC, governing land divisions. [Ord. 1-00]

13.56.240 Condition of facilities.

All utility facilities shall be kept in a state of good repair. If any utility facility is not in such condition, the utility provider shall undertake such work necessary to return the utility facility to a state of good repair. [Ord. 1-00]

13.56.250 Interference with rights-of-way.

No utility facility may be located or maintained so as to unreasonably interfere with the use of the rights-of-way by the county, by the general public or other persons authorized to use or be present in or upon the rights-of-way. [Ord. 1-00]

13.56.260 Relocation or removal of utility facilities.

(1) Within 90 days following written notice from the county and receipt of final design from the county, or within a reasonable time frame established by the director, the utility provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the director shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

(a) The construction, repair, maintenance or installation of any county, state, federal and/or city funded project;

(b) The operations of the county or other governmental entity in or upon the rights-of-way.

The director may extend the 90-day time period or the initial time frame established for good cause.

(2) All work must be accomplished through the same permitting process as for new installations in order to insure that said new installations are in compliance with county regulations and standards. However, pursuant to this section, permit fees shall be waived by the county.

(3) In response to any public health or safety emergency, the county may also remove or relocate any utility facilities located within the rights-of-way that the county determines to be necessary, appropriate or useful. All such removal or relocation shall be at the sole expense of the utility provider.

(4) A utility provider shall be responsible for the security of each existing pipeline and utility facility within a road construction zone. Where there are unusual utility hazards or where heavy construction equipment will be used, the utility provider shall provide adequate temporary protection for these facilities.

(5) If a utility provider is required to relocate or remove its utility facilities from the rights-of-way and fails to do so within the designated time set out by the director, the county may cause such to occur and charge the utility provider for the costs incurred.

(6) Nothing in this section shall require the utility provider to bear any costs or expense in connection with the location or relocation of any facilities existing under benefit of private easement or such other prior private rights.

(7) The county reserves for itself the right at any time, upon 48 hours’ written notice to the utility provider, to so change, amend, modify, or amplify any provision or conditions herein enumerated to conform to any state or county regulation relating to the public health, safety or highway regulation as many be enacted, amended, adopted, changed, etc. A permit may be terminated upon 30 days written notice to utility provider if facilities are not operated or maintained in accordance with permit provisions. [Ord. 1-00]

13.56.270 Coordination of construction activities.

All utility providers are required to cooperate with the county and with each other as follows:

(1) By January 1st of each year or upon annual budget approval, each utility provider shall provide the director with a schedule of its known proposed construction activities which may affect the rights-of-way for that year.

(2) Each utility provider shall meet with the county, other utility owners and users of the rights-of-way annually or as determined by the county to schedule and coordinate construction.

(3) All construction locations, activities and schedules shall be coordinated, as ordered by the director, to minimize public inconvenience, disruption or damages.

(4) The county shall provide notice to the utility providers by contacting the Utilities Underground Location Center 24 hours before beginning any project. It shall be the responsibility of each utility provider to participate in the “One-Call system” (Chapter 19.122 RCW) program by subscribing to the Utilities Underground Location Center’s or a similar service.

(5) To insure coordination of construction activities, the director may require the utility provider to field verify the location of their utility facilities within the county rights-of-way for both depth and alignment within two weeks of notice. [Ord. 1-00]

13.56.280 Engineer’s certification.

Unless otherwise provided in a license, franchise, or cable franchise, or by industry standards, the director may require utility permit applications, plans, reports, basin maps and calculations to be accompanied by a written certification, sealed and dated by a registered professional engineer in the state of Washington that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. If required, the written certification shall read:

The design improvements shown in this set of plans, reports, basin map, and calculations conform to the current Jefferson County Road Standards, the current drainage design and erosion control standards for Jefferson County, the Accommodation of Utilities on Jefferson County Rights-of-Way Ordinance and the Jefferson County Telecommunications Ordinance. All design variances have been approved by the Jefferson County Engineer. I approve these plans for construction.

[Ord. 1-00]

13.56.290 Construction schedule and notice of work.

Except for routine service repairs and individual service connections, unless otherwise provided in a license, franchise, or cable franchise, no utility provider or any person acting on the utility provider’s behalf shall commence any relocation or removal work or any other nonemergency work involving undergrounding, excavation or obstructing in or about the rights-of-way without seven working days’ advance notice to the director. The utility provider shall also provide abutting private property owners or occupants seven working days’ advance notice of the specific location of work, the time work is scheduled to commence, and contact name and telephone number of utility provider. [Ord. 1-00]

13.56.300 Compliance with utility permit.

All construction practices and activities shall be in accordance with the utility permit and county approved final plans and specifications for the utility facilities. The director shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements. [Ord. 1-00]

13.56.310 Display of utility permit.

The utility provider shall maintain a copy of the utility permit and approved plans at the construction site, which shall be displayed and made available for inspection by the director at all times when construction work is occurring. [Ord. 1-00]

13.56.320 Noncomplying work.

Upon order of the director, all work which does not comply with the utility permit, the approved plans or specifications for the work or the requirements of this chapter shall be removed or relocated at the expense of the utility provider. [Ord. 1-00]

13.56.330 Completion of construction.

The utility provider shall promptly complete all construction activities so as to minimize disruption of the rights-of-way and other public and private property. All construction work authorized by a utility permit within rights-of-way, including restoration, must be completed within 90 days of the date of issuance or at such other interval as the county may specify in writing upon issuance of the permit. The director may extend the 90-day time period for good cause. [Ord. 1-00]

13.56.340 As-built drawings.

If an engineer’s certification is required under JCC 13.56.280, then in addition to the requirements of JCC 13.56.440, within 30 days after completion of construction, the utility provider shall furnish the director with two complete sets of plans, drawn to scale and certified to the county as accurately depicting the location of all utility facilities constructed pursuant to the utility permit, except individual service connections and service repairs. [Ord. 1-00]

13.56.350 Underground facilities.

(1) Location and Alignment.

(a) For all crossings, the angle of crossing should be as near a right angle to the road centerline as practicable. However, lesser angles may be permitted based upon economic considerations of practical alternatives.

(b) Where practicable, crossings should avoid deep cuts, footings of bridges and retaining walls, or locations where roadway drainage would be affected.

(c) Longitudinal installations should run parallel to the roadway and lie as near as practicable to the rights-of-way line. Installations which cannot be so installed will be allowed within the rights-of-way; provided, that the installation will not adversely affect the design, construction, stability, structural integrity, traffic safety, or operation of the road facility.

(d) Where irregularly shaped portions of the rights-of-way extend beyond the normal rights-of-way limits, a uniform alignment of utility facilities shall be allowed.

(e) Where existing utility facilities are in place, new utility facilities shall be compatible with the existing installations and conform to this chapter as nearly as practicable.

(f) Any water or sewer line other than a main line shall not be placed parallel to a county road within the county rights-of-way.

(2) Cover. The grade of and resulting cover for an underground utility shall be a minimum of 30 vertical inches below the finished surface or the bottom of the ditch for all installations within county rights-of-way, or in compliance with applicable federal, state and industry requirements; provided, however, where less than the minimum cover is made necessary to avoid obstacles, the utility facilities shall either be rerouted or protected with a casing, concrete slab or other method acceptable to the county.

(3) Encasement.

(a) Casings shall be installed for roadway crossings where required by appropriate industry code.

(b) Casings may be required for the following conditions:

(i) As an expediency in the insertion, removal, replacement or maintenance of a carrier line crossing or other locations where it is necessary in order to avoid open trench construction;

(ii) As protection for carrier lines from external loads or shock either during or after construction of a road;

(iii) For jacked or bored installations of coated carrier lines unless assurance is provided to the county that there will be no damage to the protective coating.

(c) Within the rights-of-way, where practicable, casing pipes shall extend beyond the toe of fill slopes, back of roadway ditch, or outside of curb.

(d) Other than for necessary carriers, vents and/or drains, casing pipes shall be sealed at both ends.

(e) Casing pipes shall be designed to support the load of the road and superimposed loads thereon and, as a minimum, shall equal the structural requirements for road drainage facilities. Casings shall be composed of materials of sufficient durability to withstand conditions to which they may normally be exposed.

(4) Uncased Carriers.

(a) The carrier pipe shall conform to the material and design requirements of the appropriate utility industry and governmental codes and specifications.

(b) The carrier pipe shall be designed to support the load of the road, plus superimposed loads thereon, when the pipe is operated under all ranges of pressure from maximum internal to zero pressure.

(5) Appurtenances.

(a) Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where required by federal safety standards. Vent standpipes should be located and constructed so as neither to interfere with maintenance of the road nor to be concealed by vegetation. Preferably standpipes should stand by a fence or on the rights-of-way line.

(b) Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid, liquefied gas or heavy gas. Drains for carriers of hazardous materials shall be directed to natural or artificial holding areas to prevent the potential for surface or groundwater contamination. Drains for which only water or other nonhazardous liquids may discharge may be directed into the roadway ditch or natural watercourse at locations approved by the county. The drain outfall shall not be used as a wasteway for routine purging of the carrier unless specifically authorized by the county.

(d) Manholes should be designed and located in a manner that will cause the least interference to other utilities or future road expansion. Where practicable, installations in the pavement or shoulders should be avoided.

(6) Installation. Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise provided in the approved permit, be in accordance with the following controls:

(a) Untrenched construction shall be required when practicable for pipelines crossing roads paved with asphalt concrete or cement concrete and for roads paved with bituminous surface treatment unless otherwise directed by the county.

(i) If sufficient right-of-way exists, the length of untrenched construction shall extend a minimum of four feet from edge of pavement, except that a lesser standard may be permitted by the county engineer when conditions warrant.

(ii) Over breaks, unused holes, or abandoned casings shall be backfilled as directed by the county engineer.

(iii) Water boring under roadways shall not be permitted.

(iv) Existing carriers and conduit installed under a roadway shall be physically located prior to pipeline installation.

(b) Trenched Construction and Backfill.

(i) Where the pavement must be removed, it shall first be cut in vertical (or undercut) continuous straight lines.

(ii) Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with the Washington State Department of Labor and Industries Safety Code.

(iii) The pipe or carrier shall be installed and the trench backfilled in a manner assuring no deformation of the pipe likely to cause leakage and restoration of the structural integrity of the roadway structure. Specific trench backfill requirements regarding materials and methods shall be provided by the county.

(iv) When trenching is approved on paved roads, the pavement shall be restored as required by the county.

(c) Plowing of communication and electrical lines on or adjacent to existing roads by means of a vibratory plow may be allowed by the county; provided, that the structural integrity of the roadway is not impaired.

(7) One Call System. Utility installations shall be located and identified in accordance with RCW Title 19 (Washington State One Call System), or similar service as enacted or in the future is amended from time to time. [Ord. 1-00]

13.56.360 Overhead facilities – Power and communication lines.

(1) Single-pole construction and joint use of the pole is desirable and should be used whenever feasible.

(2) The minimum vertical clearance for overhead power and communication lines above the ground and the minimum lateral and vertical clearance from bridges shall be in compliance with the National Electrical Safety Code and Washington State Department of Labor and Industries Electrical Construction Code.

(3) Where irregularly shaped portions of the rights-of-way extend beyond the normal rights-of-way limits, a uniform alignment of utility facilities may be allowed. [Ord. 1-00]

13.56.370 Fiber optic systems.

(1) Depth. All fiber optic systems shall be installed at a depth of 30 vertical inches below the finished road surface or the bottom of a ditch line for all installations within county rights-of-way, or in compliance with applicable federal, state, and industry requirements.

(2) Location Marking. All fiber optic cable installers shall mark the installation of the system with marking tape or locating wire. When marking tape is placed, it shall be used at 12-inch to 18-inch depth. Where nonmetallic fiber cable is used, a locator wire shall be used and must be at same depth as fiber optic cable. [Ord. 1-00]

13.56.380 Vegetation management.

(1) Utilities engaged in vegetation management on county rights-of-way shall initially submit an integrated vegetation management (IVM) plan to the county for approval. This plan shall emphasize physical, mechanical, cultural and biological control methods to promote stable plant communities. The IVM plan shall include:

(a) Goals and objectives of the vegetation management program;

(b) Operational guidelines and standards for vegetation management activities. These guidelines as a minimum shall include the decision making criteria, the application method, and the rates of application used when applying a herbicide;

(d) Specific areas in the county where the proposed herbicides will be used.

(2) The county may limit or restrict the types, amounts, application methods, location and timing of pesticide applications if it has been determined that the proposed application will have a detrimental effect on ground and/or surface water, other sensitive areas, and/or the public health. However, the limitations or restrictions will not be in conflict with state law governing utility rights-of-way maintenance.

(3) The utilities IVM plan shall be consistent with the Jefferson County critical areas ordinance and any future groundwater and wellhead protection ordinances. After the county approves the initial IVM plan, revisions shall be submitted and approved annually.

(4) Utilities engaged in tree trimming along county rights-of-way shall submit the conditions under which they will be trimming (excluding topping) any significant tree, including the magnitude and nature of the trimming, by tree species. This information shall be submitted along with the IVM plan and will be reviewed and approved by the county concurrently. [Ord. 1-00]

13.56.390 Aesthetic and scenic considerations.

(1) Significant trees shall not be impacted (e.g., tree removal, topping, locating above-ground and underground facilities within the drip line) without prior approval by the director, except during emergency situations as described in JCC 13.56.430.

(2) It is preferable to retain all other healthy trees that do not pose a danger or hazard to the extent possible. For those trees proposed to remain, sound pruning practices shall be used that take into consideration safety first, arboricultural correct methods and natural appearance.

(3) All other landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, operation, repair, relocation or replacement of utility facilities shall be replaced or restored to as near the original condition as reasonably possible. [Ord. 1-00]

13.56.400 Installations on roadway bridges and structures.

Attachment of utility facilities to a roadway structure (including bridges) may be allowed as approved by the engineer where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:

(1) Attachment of a utility facility shall not be considered unless the structure in question is of a design that is adequate to support the additional load and can accommodate the utility facility without compromise of roadway features, including reasonable ease of maintenance.

(2) Manholes and other utility access panels should be avoided within the roadway portion of the structure.

(3) Attachment on a structure of a pipeline carrying a hazardous transmittant, not including natural gas, shall be avoided.

(4) The utility facility attachment shall not reduce the clearance of a structure where such clearance is critical. Attachment to the outside of a structure should be avoided where there are reasonable alternatives.

(5) Utility facility mountings shall be of a type which shall not create noise resulting from vibration.

(6) The hole created in a structure abutment shall be sleeved, shall be of the minimum size necessary to accommodate the utility facility, and shall be sealed to prevent any leakage of water or backfill material.

(7) The utility facility back of the abutment shall curve or angle out to align outside the roadbed area in as short a distance as is operationally practicable.

(8) Communication and electrical power line attachments shall be suitably insulated, grounded and preferably carried in protective conduit or pipe from point of exit from the ground to reentry. Carrier pipe and casing pipe shall be properly isolated from electric power line attachments. [Ord. 1-00]

13.56.410 Damage to property.

No utility provider or any person acting on a utility provider’s behalf shall take any action or permit any action to be done which may impair or damage any rights-of-way, or other property located in, on or adjacent thereto except in accordance with JCC 13.56.440, Restoration of rights-of-way. [Ord. 1-00]

13.56.420 Damage to utility facilities.

To the extent permitted by Washington law, the county shall not be liable for any damage to or loss of any utility facility within the rights-of-way as a result of or in connection with any emergency removal or relocation, public works, public improvements, construction, excavation, grading, filling, or work of any kind in the rights-of-way by or on behalf of the county or any entity under contract with the county except for damage caused by the negligence of the county. [Ord. 1-00]

13.56.430 Repair and emergency work.

In the event of an unexpected repair or emergency (including but not limited to storm conditions or other conditions where public safety is of paramount consideration), a utility provider may commence such repair and emergency response work as required under the circumstances, provided the utility provider shall notify the director in writing preferably before such repair or emergency work or within 24 hours if advance notice is not practicable.

When the county engineer determines that an emergency situation does exist, he or she may order and have done any and all work considered necessary to restore to a safe condition any county right-of-way left by the utility provider or agents in a condition dangerous to life or property. The utility provider shall pay to the county all costs of such construction or repair. [Ord. 1-00]

13.56.440 Restoration of rights-of-way.

Restoration shall comply with the following:

(1) When a utility provider, or any person acting on its behalf, does any work in or affecting any rights-of-way, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to the condition required by applicable county road standards. As used in this section, “promptly” shall mean as required by the director in the reasonable exercise of the director’s discretion.

(2) If weather or other conditions do not permit the complete restoration required hereunder, the utility provider shall temporarily restore the affected ways or property. Such temporary restoration shall be at the utility provider’s sole expense, and the utility provider shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

(3) A utility provider or other person acting on its behalf shall use suitable barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights-of-way.

(4) All restoration work conducted under this section shall be subject to final inspection and approval by the director. [Ord. 1-00]

13.56.450 Restoration of improvements.

Upon completion of any construction work, but in no event longer than such time as may be established by the county during permit review, the utility provider shall promptly repair any and all public and private property, improvements, landscaping, fixtures, structures and facilities which are damaged during the course of construction, restoring the same to as near the original condition before construction commenced.

(1) All roadway crossings shall be done by means of boring or pushing (untrenched installation). Opening of the roadway surface shall not be permitted unless it has been determined by the director that boring or pushing cannot be done.

(2) When a trenched crossing is approved, restoration shall be in accordance with one of the following guidelines:

(a) Controlled density fill (CDF) shall be required as a backfill material; or

(b) Select backfill, meeting the requirements of the standard specifications may be used.

Backfill shall be compacted to at least 95 percent density and placed in a maximum of 12-inch lifts, as specified in the standard specifications. Written verification of compaction, based upon acceptable testing methods and placement of the backfill shall be required.

(3) Native material may be used as backfill material when standard acceptable tests show the material meets the requirements for backfill material as specified in the standard specifications. The requirements for compaction and placement in subsection (2) of this section also apply when native material is used.

(4) For all utility facilities placed parallel to and within the pavement structure, the utility provider shall be required to rebuild a minimum of one-half of the road from centerline for utility facilities in one driving lane. This shall include grinding and the replacement of a minimum depth of 0.17 feet of asphalt.

(5) When conditions are warranted, the director may require all or a portion of the trench be backfilled with a combination of select backfill or CDF. Conditions that may warrant a combination use may include, but not be limited to, the depth of trench required, the type of material that is being excavated and crossings on arterial and collector roadways.

(6) When conditions are warranted, the director may require financial security for a minimum of 10 years in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest in a bank account for all or a portion of restoration. Conditions that may warrant this may include, but not be limited to, the placement of utility facilities in or near sensitive areas and areas of continuous settlement. [Ord. 1-00]

13.56.460 Traffic control.

(1) Any construction proposed within the traveled way shall provide a traffic control plan. All traffic control and traffic control devices shall be as specified in the latest edition of the MUTCD. The utility provider shall implement the approved plan, when necessary, until the project is given final acceptance by the county. If conditions change, the traffic control plan shall also reflect the changes.

(2) During any construction, barriers and warning signs shall be erected, lighted and maintained as necessary or as directed by the county for the protection of the traveling public. The county may hire or use county forces to bring traffic control up to the safety standards set out in the MUTCD, Washington State Department of Transportation (WSDOT) Design Manual and other applicable documents at the utility provider’s expense when the safety of the traveling public is at risk.

(a) When road closures and detours cannot be avoided, the utility provider shall notify the county at least seven days prior to the road closure. Road closures requiring action by the board shall require a minimum of 21 days’ advance notice. The county requires a detour plan to be prepared, submitted and approved prior to closing any portion of a county roadway.

(b) The road closure plan, at a minimum, shall include a detour route with the location and type of signs to be used, as per the MUTCD. A written statement describing the detour route, length of detour and proposed dates and times of road closure shall also be submitted.

(c) All road closures shall be consistent with Chapter 47.48 RCW. Special consideration needs to be given by the utility provider concerning the timing requirements of road closures as specified in Chapter 47.48 RCW and the timing requirements for the board to review and approve the closure. [Ord. 1-00]

13.56.470 Eminent domain.

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the county’s power of eminent domain. [Ord. 1-00]

13.56.480 Indemnification.

Each utility provider shall defend, indemnify, and hold harmless the county, its elected and appointed officials, agents, and employees from any and all claims, actions, suits, proceedings, arbitrations, judgments, liability, loss, expense or damages of every kind and description, including but not limited to court costs and reasonable attorneys’ fees, arising from, by reason of or in connection with the use by utility provider of the county rights-of-way or any action, error or omission of utility provider, its employees, agents, or subcontractors, whether by negligence or otherwise in connection with the use of such rights-of-way, except for those damages caused solely by the negligence or willful misconduct of the county, its elected and appointed officials, agents, or employees acting within the scope of their employment; provided, that for only those provisions of this chapter which a court of competent jurisdiction determines are subject to RCW 4.24.115, then in the event of damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the county, its elected and appointed officials, agents, or employees, and the utility provider or utility provider’s agents or employees, utility provider’s liability to hold harmless and indemnify the county is enforceable only to the extent of utility provider’s negligence. [Ord. 1-00]

13.56.490 Violations – Penalties.

(1) Civil Infractions. The violation of any provision of this chapter is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW.

(2) Notwithstanding the existence or use of any other remedy, the director or engineer may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this chapter or other regulations herein adopted. [Ord. 1-00]

13.56.500 Context.

When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. [Ord. 1-00]

13.56.510 Severability.

If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person is for any reason declared invalid, illegal or unconstitutional, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. [Ord. 1-00]