Chapter 12.08
CONSTRUCTION, REPAIR AND MAINTENANCE*
Sections:
12.08.070 Minimum standards – Special conditions.
12.08.090 Failure to comply with permit –Work stoppage – Revocation of permit – Damages.
12.08.100 Revocation or denial of permit – Appeal.
12.08.110 Liability for defective work.
12.08.120 Purpose for imposition of fees.
12.08.130 Street cuts – New streets – Procedures, fees, and exceptions.
*For the statutory provisions regarding the control of code cities over their streets, see Chapter 35A.47 RCW.
12.08.010 Purpose.
The indiscriminate and uncontrolled performance of work within the right-of-way of public streets, alleys, sidewalks, and other public ways by persons using unsafe material and/or improper methods is hazardous to the health, safety and welfare of persons using such streets, alleys, sidewalks, and other public ways, and is costly to the city in subsequent repairs and/or maintenance. To ensure that all work performed by persons within such streets, alleys, sidewalks, and other public ways is in accordance with the minimum standards of the city, it is necessary that the city, in the exercise of its police power, establish regulations governing the same. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 1, 1955).
12.08.020 Definitions.
The following terms when used in this chapter shall be construed to mean as follows:
(1) “Alley” means a duly dedicated public alley.
(2) “Person” means the plural as well as the singular, and shall include any partnership, association, group, or corporation.
(3) “Right-of-way” means all real property owned or held by the city in fee, or by way of easement, or dedicated to the public and located within the city, and used or intended for use as a street, alley, sidewalk, public way, or easement for public or private utilities, whether developed or undeveloped.
(4) “Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owner and constructed for use by the public.
(5) “Street” means a duly dedicated public street.
(6) “Micro-trenching” or “microtrenching” means the process of creating narrow and shallow trenches in roadways, or in the ground, typically ranging from one-half to two inches in width and six to 12 inches in depth, for the purpose of installing fiber-optic cables, conduits, and other telecommunication infrastructure.
(7) “Construction value” means the total costs to the owner for the construction in its completed form and includes the cost of all building work, materials of construction, building systems, and labor and profit of the contractor and subcontractors. (Ord. 3527 § 1, 2024; Ord. 3509 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 2, 1955).
12.08.030 Permit required.
An approved permit shall be required prior to construction work, alteration, maintenance, or repair work on all city streets, public alleys, sidewalks, public way, or right-of-way whether the same is developed or undeveloped. A permit may be obtained from the city engineer. The terms “constructed,” “altered,” “maintained,” or “repaired” shall, for purposes of this chapter, be deemed to include the excavation of soils and the construction of embankments necessary or desirable to facilitate the installation, repair, replacement, maintenance or removal of any utility lines, driveways, curbs, drains or other structures, services, or improvements.
Fees shall be paid prior to the issuance of permits for all applications thereof, and no work shall be commenced or performed without a permit except for emergency repairs except where other payment schedules are allowed by franchise agreement. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 3, 1955).
12.08.040 Joint permits.
In those instances where such construction, alteration, maintenance, or repair work is to be performed by two or more persons, only one permit shall be required. The cost for such permit shall be the obligation of the applicant, and the applicant shall be responsible for compliance with all of the terms of such permit, including any subsequent repairs deemed necessary to correct defective work as provided in LMC 12.08.090. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 4, 1955).
12.08.045 Co-locations of underground communications wires, cables and television cables, and other connective devices.
(1) Any person, firm or corporation hereafter seeking to install underground cables, wires, or other connective devices within, across, along, under or through any right-of-way for communications purposes or for cable television purposes shall:
(a) Install conduit in such a diameter as shall be determined by the city engineer as being capable of accommodating cables or wires of additional other communications service providers and/or cable television; and/or
(b) Place their cables and/or wires into existing conduit that has been installed to accommodate cables and/or wires of multiple providers of communications service and/or cable television;
(c) Direct burial shall not be allowed. All underground cables or wires shall be placed in conduit of the material, size, and alignment prescribed by the city engineer.
(2) In the event that underground conduit installed to accommodate multiple providers of communications service and/or cable television is used for the installation of cables or wires of an additional provider or providers, the initial installer of such conduit shall be entitled to charge to and recover from such other users of such conduit prior to their installation of cables or wires, a one-time charge of an amount which is equal to but not in excess of any additional cost incurred by such installer (not including any permit fees or inspection fees) of conduit of the actual installed size as compared with the cost of the size of conduit necessary to accommodate only the cables or wires of such installer; provided, however, that this subsection shall only be applicable to subsequent installations of cables or wires that occur within 36 calendar months after the initial installation of such conduit.
This section shall be inapplicable in instances where the placement of such wires or cables will interfere with other wires or cables as determined in writing by an independent electronic/communications engineer.
(3) Micro-trenching is not an allowed activity. (Ord. 3527 § 1, 2024; Ord. 3509 § 2, 2024; Ord. 2659 § 2, 1997).
12.08.050 Exemptions.
No permit shall be required for the following:
(1) Construction or maintenance projects undertaken by a utility or the city pursuant to a contract between the city and its contractor; or construction or maintenance projects undertaken by city departments.
(2) Work allowed and approved by other permits issued by the city.
(3) The planting or maintenance of decorative vegetation within a right-of-way, including street trees as they may be regulated by law; provided, that vegetation in a right-of-way is subject to removal at any time by order of the city engineer, without liability for damages to the person owning the vegetation.
(4) Those uses which the city engineer finds to be of a minor nature, for which a permit is not justified.
(5) Emergency repairs to existing facilities. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988; Ord. 791 § 5, 1955).
12.08.060 Application – Fees.
Permits pursuant to this chapter will be issued by the city engineer, upon receipt of an application and upon the payment of the required permit fees. The application shall be as provided by the city engineer, and shall require the following minimum information:
(1) The name and address of the applicant, and, if the applicant is a corporation or similar entity, the name and address of its agent. The name of the contractor if one will be employed by the owner.
(2) A description of the work to be performed, the anticipated starting and ending construction dates.
(3) Plans for the proposed work, or, in the event of minor work as determined by the city engineer, a sketch in a format satisfactory to the city engineer. When applicable, standard plans adopted by the city may be used. Plans are not required in advance of the performance of emergency repairs to existing installations or for the replacement or substitution of cables or wires in existing underground or overhead installations; provided, that such plans shall be submitted within 72 hours following the completion of such work.
Right-of-way permits will remain valid for six months from the date of issuance. If work is not started within six months from the date of issuance, the permit will become invalid, and fees will be forfeited. If an appropriate fee is paid, permits may be extended one time for an additional six-month period.
All work, including removals and restoration, shall be completed within the abovementioned six-month period starting with the date of issuance. Work that extends past six months will be subject to a permit extension fee.
Upon the submittal of a set of plans for the fourth time, the permit fee shall increase by a percentage as shown in the master fee schedule, increasing by the indicated percentage for each subsequent submittal.
If a person is found to be performing work without a valid permit, that person shall be required to obtain a permit. All permit fees shall be increased as shown in the master fee schedule.
Fees for right-of-way permits shall be assessed as shown in the city of Longview master fee schedule as periodically set by the city manager and approved by city council.
Subject to the appeal provisions of LMC 12.08.100, the city engineer may deny the issuance of a permit to any person or entity that has failed within the past three years to comply, or is presently not in compliance with the provisions of this chapter, or has demonstrated a past history of performing work in the city of Longview that has caused damage to public infrastructure, or which was performed in violation of the law. (Ord. 3527 § 1, 2024; Ord. 3465 § 1, 2022; Ord. 2659 § 3, 1997; Ord. 2320 § 1, 1988).
12.08.070 Minimum standards – Special conditions.
All work to be performed in accordance with this chapter shall conform to the minimum requirements of the standard specifications for public works, as adopted in Chapter 14.04 LMC. In addition, the city engineer, in order to maintain the integrity of existing improvements and to provide for public health, safety and welfare, may impose such additional terms upon such permits as he shall deem necessary. Such conditions may be modified, if conditions warrant, during the life of such permit.
For installations beneath sidewalks, curbs, gutters and/or street and alley pavement, the permittee may, at the discretion of the city engineer, be required to provide field density testing by a certified testing laboratory, at permittee’s sole cost and expense. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988).
12.08.080 Permit fee.
Fees for permits issued pursuant to this chapter shall be as determined by resolution of the city council. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988).
12.08.090 Failure to comply with permit –Work stoppage – Revocation of permit – Damages.
In the event that a permit holder should, in the performance of work under such permit, fail to comply with the terms thereof, or perform the work in accordance with such terms, the city engineer may order that all work pursuant to such permit be halted until compliance with such permit; if, within 30 days after the stoppage of work, the permit holder has not complied with the permit terms, the city engineer may revoke the permit. In the event that it is necessary for the city to perform work to correct defective work or materials of any permit holder after revocation of such permit, the city shall have the right to recover from such permit holder the cost of the work performed by the city. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988).
12.08.100 Revocation or denial of permit – Appeal.
Any action of the city engineer revoking a permit issued pursuant to this chapter or denying an application for said permit shall be appealable to the hearing examiner of the city within 10 days thereafter, which appeal shall be upon written notice to the hearing examiner, and which appeal shall be considered within 10 days after receipt thereof by the city. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the hearing examiner shall be final, binding, and conclusive. (Ord. 3527 § 1, 2024; Ord. 3465 § 2, 2022; Ord. 2320 § 1, 1988).
12.08.110 Liability for defective work.
In the event that any work performed pursuant to this chapter should be improperly performed or should become defective within one year after the termination of the permit or the conclusion of the work, the person to whom the permit was issued shall be responsible for correcting such defective work, or paying the cost of such correction. Defective work shall include, but not be limited to, settlement within the areas of excavation or embankment, or pavement failure. Upon notification of the existence of such defective work, the holder of such a permit shall take immediate steps to remedy such defective work. (Ord. 3527 § 1, 2024; Ord. 2320 § 1, 1988).
12.08.120 Purpose for imposition of fees.
The fees for permits under this chapter shall not be deemed to be fees for use of streets, alleys, sidewalks or other public ways. The fees imposed pursuant to this chapter are for the sole purpose of administration of this chapter and to pay the cost of inspections necessitated by work performed under the terms of this chapter. (Ord. 3527 § 1, 2024; Ord. 2320 § l, 1988).
12.08.130 Street cuts – New streets – Procedures, fees, and exceptions.
(1) Excavation in City Streets Within Five Years of Street Paving Prohibited. No permit shall be issued for any openings, cuts or excavations in any city street for a period of five years following the date such street was paved or repaved, except as provided in this section.
(2) Notification of Intent to Pave.
(a) Whenever paving or repaving of any city street is authorized, the director of public works shall promptly mail written notice thereof to the following:
(i) Each person owning any sewer, water, conduit, or other utility in or under said street or any real property, whether improved or unimproved, abutting said street;
(ii) The owner of record of real property abutting said street;
(iii) Any applicable state or local agencies;
(iv) Holders of franchise agreements with the city allowing utilities in any public right-of-way within the city;
(v) City departments that may need to perform work within the affected street; and
(vi) All other persons who register with the city clerk to receive such notice.
(b) The notice shall state that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of completion of paving or repaving. The notice shall also state that applications for permits to excavate prior to such paving or repaving shall be submitted promptly in order that the work covered by the permit may be completed by the deadline established for such work by the director of public works.
(c) Notice shall be provided to those parties specified in subsection (2)(a) of this section upon:
(i) Commencement of city-designed paving or repaving project.
(ii) City execution of a design contract for a specific paving or repaving project.
(iii) City approval of the development permit or permits necessary to undertake all other paving or repaving projects.
(d) In addition to any notice required under this subsection (2), following adoption of the annual Transportation Improvement Program (TIP) by the city council, the director of public works shall promptly provide notice thereof to all city franchise holders.
(3) Deadline for Work. All utility work that must be accomplished prior to a paving or repaving project shall be completed by the date of city authorization of the construction contract for the project, or, in the case of noncity projects, upon city issuance of a right-of-way permit for the paving or repaving. The director of public works may set a later deadline if the director determines that allowing more time will not interfere with the planned work.
(4) Exceptions. No permit for excavation shall be issued within the five-year period after expiration of the deadline, unless the director of public works determines that:
(a) Denying the permit would work an undue hardship on the person applying for the permit and the need for the excavation could not have been reasonably anticipated before expiration of the deadline;
(b) An emergency exists that requires such an excavation to protect the public health, safety or welfare;
(c) The excavation is required to provide new services to new buildings or new residences constructed subsequent to the completion or resurfacing of the public right-of-way that were not reasonably anticipated to be constructed and in need of the services at the time of the completion or resurfacing of the public right-of-way involved;
(d) The applicant can install the utility under the street in a manner that shall not disturb the integrity or surface of the street; or
(e) Work for which the city’s denial of a permit would violate state, local, or federal law.
(5) Fees for Street Cuts Within the Five-Year Period. Any street use permit issued pursuant to subsection (4) of this section shall require an additional fee as follows:
(a) Ten thousand dollars if the cut is made within one year after the street has been overlaid;
(b) Eight thousand dollars if the cut is made within two years after the street has been overlaid;
(c) Six thousand dollars if the cut is made within three years after the street has been overlaid;
(d) Three thousand dollars if the cut is made within four years after the street has been overlaid; and
(e) One thousand five hundred dollars if the cut is made within five years after the street has been overlaid.
Fees collected shall be deposited into the arterial street fund (ASF).
(6) Excavation by City Departments. Every city department or official responsible for any work that may require any opening, cut or excavation in a street is directed to take appropriate measures to perform such excavation work within the deadline set by the director of public works.
(7) Appeals. In the event that the director of public works denies an application, the applicant’s remedy shall be to appeal to the city hearing examiner. The applicant shall file a written notice of appeal with the city clerk within 15 days from the date of receipt of the denial of the excavation permit application. The appeal notice shall state the specific reasons for objection to the decision of the director of public works. Additionally, the appeal notice shall include the specific exemption or exemptions from subsection (4) of this section that the applicant believes applies to their application. Appeal notices not containing this information shall be returned to the applicant, who will then have seven days to address deficiencies in their appeal. The hearing examiner shall set a date to hear the applicant’s appeal and conduct a hearing on the applicant’s appeal within 45 days of the date the city clerk received the complete notice of appeal. (Ord. 3527 § 1, 2024; Ord. 3463 § 1, 2022).