Chapter 6.06
STREET AND CURB CUTS*
Sections:
6.06.010 Purpose.
6.06.020 Permit required.
6.06.030 Permit application.
6.06.040 Permit requirements.
6.06.050 Permit and inspection fees and permit renewal.
6.06.060 Specifications and special requirements.
6.06.070 Enforcement and penalties.
*Cross reference(s) – Department of public works, ch. 2.28; environmental policy, ch. 11.03; subdivisions, ch. 12.04.
6.06.010 Purpose.
The purpose of this chapter is to establish minimum rules and regulations relating to the street and curb cuts and to provide for enforcement.
(Ord. No. 2202, § 1. Formerly Code 1986, § 4.06.010(A))
6.06.020 Permit required.
No person shall cut a street or curb without first obtaining a separate right-of-way permit for each cut of a street or curb from the department of public works.
(Ord. No. 2202, § 1. Formerly Code 1986, § 4.06.010(B))
6.06.030 Permit application.
The applicant shall file a permit application in writing on a form furnished by the city for that purpose. Every application shall:
1. Identify the contractor and/or subcontractor who is to actually perform the work;
2. Include the state contractor’s number of such contractor or subcontractor;
3. Include the city business license number of such contractor or subcontractor;
4. Identify and describe the work to be covered by the permit for which application is made;
5. Describe the location where such work is to be performed;
6. Be signed by the owner or the agent of the firm who will actually be performing the work.
(Ord. No. 2202, § 1. Formerly Code 1986, § 4.06.010(C))
6.06.040 Permit requirements.
A. Prior to issuance of any right-of-way permit for cutting any portion of city right-of-way, whether improved or not, the location first shall be inspected and approved by a city official.
B. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or approval of any violation of the provisions of this chapter or any other ordinance or appropriate rule or regulation of the city.
C. Every permit issued by the city under the provisions of this chapter shall expire ninety (90) days after issuance of the permit unless work has commenced or unless the permit has been extended.
D. The director of public works, or designate, may in writing suspend or revoke a permit issued under the provisions of this chapter whenever the permit was issued in error or on the basis of incorrect information supplied or in violation of any other ordinance or regulation of the city.
(Ord. No. 2202, § 2; Ord. No. 3713, § 2, 9-21-04; Ord. No. 4019, § 6, 12-13-11. Formerly Code 1986, § 4.06.020)
6.06.050 Permit and inspection fees and permit renewal.
A. The city council shall, by resolution, establish the fees to be assessed to implement and operate the regulations adopted in this chapter. By way of example, and without limitation, these fees shall apply to street cuts, curb cuts, sidewalk cuts, or any portion of city right-of-way, whether or not improved, and all utility work within the public right-of-way that involves cutting the public right-of-way. Utility work shall include, but not be limited to, work performed in association with gas, telephone, electric power, cable TV, water, stormwater, and sewer, and underground facilities. The resolution may require that certain fees be pre-paid and/or designated to be nonrefundable because staff time and materials will be expended whether or not the permit applied for is approved by the city or pulled by the applicant. In the event of any conflict or ambiguity regarding any fees established by council resolution, the public works director is authorized to interpret the fee schedule(s) to resolve that conflict or ambiguity.
B. Review and inspection fees may be limited to a set number of hours of staff time work. Any staff time incurred exceeding those hours of work may be subject to an additional hourly time charge. This extra charge will be invoiced to the applicant separately at the hourly rate established by resolution.
C. When work for which a permit would be required by this chapter is commenced or performed without first obtaining that permit, the basic permit fee shall be doubled, but the payment for that double fee shall not relieve that person or entity from full compliance with all of the requirements of this chapter in the execution of the work, nor from any other penalties which may be provided for by local, state, or federal law, including criminal penalties.
(Ord. No. 2202, § 3; Ord. No. 3713, § 3, 9-21-04; Ord. No. 3819, § 1, 11-21-06; Ord. No. 4019, § 6, 12-13-11. Formerly Code 1986, § 4.06.030)
State law reference(s) – Compliance with state law, Chapter 19.122 RCW.
6.06.060 Specifications and special requirements.
A. Specifications. All curb and street cuts shall be repaired to conform to the requirements of the latest version of the City of Kent Design and Construction Standards, as adopted by KCC 6.02.010. Copies of this publication and any additions or amendments are on file with the city clerk and available to the general public.
B. Permittee’s performance responsibility. In addition to all other requirements specified by this chapter or the latest version of the City of Kent Design and Construction Standards, adopted in subsection (A) of this section, the permittee shall be responsible for restoration of the street, or curb, and all disturbed public right-of-way area to its original or better condition, including any required overlays as approved by the director of public works. The permittee shall complete the street or curb cut in accordance with the permit requirements immediately upon completion of the project. The permittee shall be responsible for defects or failure of the street or curb cut area for a period of two (2) years following final inspection.
C. Curb cut locations. The location of each curb cut must be approved by the city. The city reserves the right to deny any request to cut any curb.
D. Special conditions. At the discretion of the director of public works or designate, one (1) or more of the following requirements may be specified when conditions require their use. Wherever such special conditions are required, they shall be set forth on the permit at the time of issuance or as an amendment to the permit in those instances where conditions requiring their use become known after the permit has been issued:
1. Curb cuts within the right-of-way shall be made only in areas and by methods approved by the public works director, or his or her designee. All improved or unimproved areas within the right-of-way shall be restored to an equal or better condition;
2. Excavated material shall be completely removed from the street surface;
3. Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the traffic engineer, and in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as amended, and shall be at the expense of the permittee;
4. One (1) or more traffic lanes shall be kept open at all times. Moving traffic shall be properly controlled by uniformed flagmen, if specified. Hours of operation during construction and restoration shall be as specified on the permit;
5. Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times;
6. Backfill and replacement of pavement or oiling of surface shall be done to the satisfaction of the public works director. Unless otherwise specified by the city, backfill material shall conform to the latest version of the City of Kent Design and Construction Standards, adopted in subsection (A) of this section;
7. The permittee must file a surety indemnity bond approved by the city to protect the city to cover completion of the permit work during construction and throughout the two (2) year warranty period, and the permittee must provide approved liability insurance naming the city as an additional insured in the amount specified on the face of the permit;
8. Open cuts within the paved area will not be permitted;
9. The construction inspector shall require that a temporary patch be made for thirty (30) days, and thereafter, a permanent patch will be placed by the permittee within five (5) days.
(Ord. No. 2202, § 4; Ord. No. 3713, § 4, 9-21-04; Ord. No. 4019, § 6, 12-13-11. Formerly Code 1986, § 4.06.040)
6.06.070 Enforcement and penalties.
A. Enforcement authority. The public works director, or his or her designee, is authorized and directed to enforce all provisions of this chapter.
B. Penalties. It is unlawful for any person, firm, or corporation to cut a street or curb, or cause the same to be done, in violation of any of the provisions of this chapter. Any person, firm, or corporation violating any of the provisions of this chapter, upon conviction, shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.
(Ord. No. 2202, § 5; Ord. No. 3713, § 5, 9-21-04. Formerly Code 1986, § 4.06.050)