Chapter 12.30
USE AND OCCUPANCY OF RIGHTS-OF-WAY
Sections:
12.30.010 Use of rights-of-way without occupancy permit.
12.30.025 Right-of-way occupancy permit.
12.30.030 Right-of-way occupancy permit exemptions.
12.30.040 Right-of-way occupancy permit application.
12.30.060 Duration of right-of-way occupancy permits.
12.30.070 Terms and conditions of right-of-way occupancy permits.
12.30.080 Failure to pay annual fee.
12.30.110 Business that may be conducted under sidewalk business license – Alcoholic beverages.
12.30.130 Offensive or inappropriate goods, merchandise or services, or noisy activities prohibited.
12.30.190 Offensive or inappropriate goods, merchandise or services, or noisy activities prohibited.
12.30.220 Special parking space privileges – Cowlitz Community Farmers Market participants.
12.30.010 Use of rights-of-way without occupancy permit.
Hereafter, the overhead, underground, or surface use and occupancy of public streets, alleys, rights-of-way, parks or other public places by public utility service providers not possessing valid franchises issued by the city, for the installation, maintenance, use, control and possession of wires, cables, pipes, conduits, lines, mains, culverts or any other device or devices, is prohibited without a valid right-of-way occupancy permit. (Ord. 2659 § 4, 1997).
12.30.020 Definitions.
For purposes of this chapter and this code, the following words and phrases shall have the following meanings unless the context of the sentence in which they are used shall indicate otherwise:
(1) “Public utility service providers” means and includes:
(a) All public utilities as defined and/or regulated by RCW Title 80 which are engaged in business in the city of Longview and which are licensed to engage in business under the provisions of Chapter 5.05 LMC;
(b) All public utilities as defined and/or regulated by RCW Title 80 which own, operate, maintain, manage or have supervision of facilities in the city of Longview whether or not such public utilities are engaged in business in the city of Longview or possess a current business license;
(c) All telecommunications companies and cable television companies which are engaged in business in the city of Longview;
(d) All telecommunications companies and cable television companies which own, operate, maintain, manage or have supervision of any wires, cables, ducts, conduits, or any other device or devices for the transmittal of intelligence, including voice, data, graphics, video, audio or other material, whether or not such telecommunications companies are engaged in business in the city of Longview or possess a current business license.
(2) “Telecommunications company” means every corporation, company, association, joint stock association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public. This term also includes “wireless communications service providers.”
(3) “Telecommunications” means the transmission of information by wire, radio, optical cable, electromagnetic means, microwave, or other similar means. As used in this definition, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols.
(4) “Facilities” means lines, conduits, ducts, poles, wires, cables, receivers, pipes, culverts, mains, crossarms and other devices used, operated, or maintained for movement of liquids, gasses, or information.
(5) “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. (Ord. 3508 § 1, 2024; Ord. 2659 § 4, 1997).
12.30.025 Right-of-way occupancy permit.
Upon receipt of all required fees, and upon receipt and approval of an application therefor, a right-of-way occupancy permit may be issued and granted by the director of public works to a public utility service provider who does not possess, or who has not entered into a franchise agreement with the city; provided, that:
(1) The permit applicant shall provide a work schedule, construction materials documentation, traffic control plan, and other pertinent information deemed necessary by the city engineer.
(2) The permit applicant shall schedule a pre-construction meeting with appropriate city staff, utility companies, and emergency services agencies prior to beginning work.
(3) The schedule and date of beginning shall be approved by the city engineer. A minimum of three working days’ advance notice shall be given by the permittee prior to commencing approved work.
(4) Additional extensions, repairs, or modifications to permitted facility during the life of the right-of-way occupancy permit shall be subject to separate review, approval, and collection of fees prior to amending the occupancy permit for such additional work. (Ord. 2659 § 4, 1997).
12.30.030 Right-of-way occupancy permit exemptions.
Public utility service providers possessing franchises granted by the city of Longview are not required to possess right-of-way occupancy permits to maintain overhead, underground, or surface use and occupancy of public streets, alleys, rights-of-way, parks or other public places by their facilities so long as the location, installation and maintenance thereof is in accordance with such franchise.
Any facilities of any public utility service provider existing overhead, underground, or on the surface of any public streets, alleys, rights-of-way, parks or other public places at the time that this chapter becomes effective may remain whether or not such public utility service provider is the holder of a franchise or other license, permit or right or privilege to do so; provided, however, that no permit under Chapter 12.08 LMC shall be hereafter granted or issued until such public utility service provider obtains a right-of-way occupancy permit under this chapter for the facilities that are situated over, under and along the public streets, alleys, rights-of-way, parks or other public places in the city and within 1,000 feet of the place or location for which such permit under Chapter 12.08 LMC is sought. (Ord. 2659 § 4, 1997).
12.30.040 Right-of-way occupancy permit application.
Applications for right-of-way occupancy permits shall be on forms provided by the director of public works of the city, and shall contain the following:
(1) The name, address, telephone number, and current city business license number of the applicant;
(2) A description of the public utility services that the applicant will or does offer, requiring use or occupancy of the public rights-of-way;
(3) A description of the facilities that applicant will or proposes to place in, on or over the public rights-of-way;
(4) Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
(a) The location and route(s) requested for applicant’s proposed facilities;
(b) The location of all trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate;
(c) If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles or crossarms along the proposed route;
(d) If applicant is proposing an underground installation in existing ducts or conduits, information in sufficient detail to identify:
(i) The excess capacity, if any, currently available in such ducts or conduits before installation of applicant’s facilities;
(ii) The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s facilities;
(iii) Evidence of ownership of or a right to use such ducts or conduits;
(e) If applicant is proposing an underground installation with new ducts or conduits to be constructed and installed in the public right-of-way:
(i) The location proposed for the new ducts or conduits;
(ii) The excess capacity that will exist in such ducts or conduits after installation of applicant’s facilities;
(iii) The location of all other utilities within 15 feet of the proposed installation. The city may require field staking of the proposed alignment along with the marking of adjacent facilities for field review as deemed necessary by the city engineer;
(f) The location(s), if any, for interconnection with facilities of other public utility service providers;
(g) Information to establish that applicant has obtained and possesses all other governmental approvals, licenses and/or permits to construct, operate and maintain the facilities;
(h) Payment of the right-of-way occupancy permit fee in the amount as provided by resolution of the city council. (Ord. 2659 § 4, 1997).
12.30.050 Annual fee.
(1) An applicant who possesses a current city business license, and who is obligated to pay public utility taxes to the city in accordance with Chapter 5.05 LMC shall be exempt from payment of an annual fee for a right-of-way occupancy permit issued pursuant to this chapter. Such applicants are described in LMC 12.30.020(1)(a) and (c).
(2) An applicant that does not possess a current business license, and who is not obligated to pay public utility taxes to the city in accordance with Chapter 5.05 LMC, shall be required to pay an annual fee for the right-of-way occupancy permit. The amount of such annual fee shall be as provided by resolution of the city council and as set forth in the right-of-way permit issued to the applicant. Such applicants are described in LMC 12.30.020(1)(b) and (d). (Ord. 2659 § 4, 1997).
12.30.060 Duration of right-of-way occupancy permits.
Right-of-way occupancy permits shall be issued for a period of not to exceed five successive years, and shall be subject to renewal upon such terms and at such annual fee as shall then be applicable to newly issued right-of-way occupancy permits. (Ord. 2659 § 4, 1997).
12.30.070 Terms and conditions of right-of-way occupancy permits.
(1) Whenever it becomes necessary to require any public utility service provider’s facilities or equipment to be relocated because of any change in street grade, street widening, illumination, signalization, water, storm or sanitary sewer, or the location or relocation of the facilities of other public utility service providers (including the city), the facilities of such public utility service providers shall be relocated at their sole and exclusive cost and expense.
(2) All public utility service providers holding right-of-way occupancy permits shall locate their facilities in such a way as to avoid unreasonable interference with the use of the right-of-way by other public utility service providers, or the general public.
(3) The holder of a right-of-way occupancy permit shall comply with all of the provisions of the Standard Specifications for Public Works Construction, published by WSDOT.
(4) Public utility service providers, when requested to move or relocate their facilities or equipment permanently or temporarily for any purpose other than as set forth in subsection (1) of this section, such public utility service provider may require reimbursement from the requesting party for its reasonable costs and expenses in making such move or relocation.
(5) Micro-trenching is not an allowed activity.
(6) All construction shall be in accordance with Chapter 12.08 LMC. (Ord. 3508 § 2, 2024; Ord. 2659 § 4, 1997).
12.30.080 Failure to pay annual fee.
In the event that the holder of a right-of-way occupancy permit should fail to pay the annual fee for such permit for a period of 30 days after default and written notice from the city to do so, the city shall have the right, on 30 days’ written notice, to disconnect and/or remove such facilities from the public right-of-way, to maintain an action in superior court against the permittee for the cost of such disconnection and removal, and obtain a judgment therefor, together with all of the city’s costs and expenses in so doing. (Ord. 2659 § 4, 1997).
12.30.090 Use of sidewalk areas for the display and sale of goods and merchandise, and for outdoor cafe purposes – Sidewalk business licenses.
(1) The sidewalk area lying immediately between a commercial building and the curb, within the D-C, CBD, RC, NC, GC and O/C zoning districts of the city, which building contains a currently licensed operating retail business engaged in the sales of goods and merchandise, services, or the business of a restaurant, may, upon the grant of a sidewalk business license hereunder, be used for the purpose of display and sales of goods and merchandise, or services, of a like kind and quality that is displayed and offered for sale within the abutting commercial building or the sale and consumption of food and beverages similar to that which is sold and consumed on the abutting premises.
(2) Such licenses may be granted only to the holder of a current business license to conduct business in the abutting commercial building and as an extension of said business beyond the front wall of such commercial building and onto the sidewalk area.
(3) In the event that there are more than one holder of current business licenses to conduct business within the abutting commercial building, separate sidewalk business licenses may be granted for the occupancy of the sidewalk for an area that is no more than 20 feet of the building frontage upon the sidewalk for each such business; in the event that more businesses seek such sidewalk business licenses than the sidewalk can accommodate, the owner/manager of the building containing such businesses shall designate in writing which of such businesses may be granted sidewalk business licenses, and such designation shall be final and binding on the city in granting such sidewalk business licenses.
(4) No sidewalk business license shall be issued for a sidewalk where the adjacent street speed limit is more than 30 miles per hour. (Ord. 3202 § 4, 2012; Ord. 2897 § 1, 2004; Ord. 2773 § 2, 2000).
12.30.100 Tables, chairs, benches, display racks, decorative items, signs and advertising structures.
The area permitted to be used in connection with a sidewalk business license shall comply with the provisions of LMC 11.40.070 except when the abutting business of the licensee is open for business and for one-half hour prior to the opening and one-half hour after the closing thereof. During such time, the area of the sidewalk permitted to be used to conduct business under the terms of a sidewalk business license may contain tables, chairs, benches, umbrellas, awnings, display racks, decorative items such as plants, pictures, and works of art, as well as freestanding signs. Large approved landscape/potted plant containers may be located adjacent to the business/tenant storefront with a maximum encroachment of 24 inches onto the public sidewalk. Such containers may remain in place 24 hours each day throughout the duration of a valid sidewalk business license obtained by the holder of a current business license, licensed to conduct business in the abutting commercial building, and shall be maintained with live decorative plantings. Approved containers are containers designed and constructed for use with potted plants as approved by the director of community development, and shall be resistant to deterioration due to weather exposure. (Ord. 3057 § 1, 2008; Ord. 2773 § 2, 2000).
12.30.110 Business that may be conducted under sidewalk business license – Alcoholic beverages.
Within the area of any sidewalk permitted to be used under a sidewalk business license, it shall be lawful to advertise, display, and sell goods and merchandise, services, and to serve and for customers to consume food and beverages. Except as permitted by the Washington State Liquor Control Board, no alcoholic beverages shall be served or consumed within such area. (Ord. 2773 § 2, 2000).
12.30.120 Sidewalk business license – Terms and conditions and insurance – Suspension/revocation of license.
(1) All licensees of sidewalk business licenses shall, prior to being granted such license, enter into an agreement with the city of Longview in which they agree to indemnify and hold the city free and harmless from all liability arising by reason of their use and/or occupancy of the sidewalk for such purposes, and at all times during the duration of such license, shall maintain public liability and property damage insurance in an aggregate amount of not less than $1,000,000 per incident, naming the city of Longview as a co-insured.
(2) All licensees shall comply with all relevant regulations of the Cowlitz County health department, and shall keep and maintain the sidewalk area covered by such sidewalk business license in a clean, neat and safe manner at all times.
(3) A minimum area shall be reserved for pedestrian use not less than five feet in width, and shall be within the area between the curb and building, and shall be for the entire width of the building. Such pedestrian area shall be maintained free and clear of all obstructions at all times, and shall allow for a continuous walkway along the entire front of the building, connecting with pedestrian walkway areas on both ends thereof. The department of public works shall specify a distance on each sidewalk business license between the curb and the point where the licensee may exercise such license which area shall be maintained clear for vehicular loading and unloading and for the parking of vehicles alongside or at an angle to the curb.
(4) Landscaped areas and areas containing trees and the dirt areas around such trees shall not be disturbed or used in connection with sidewalk business activities, and shall not be designated as the area reserved for pedestrian use.
(5) Pedestrian entrances to all buildings shall intersect with such pedestrian walkway areas, shall be not less than five feet in width, and shall be maintained free and clear of all obstructions at all times. In addition, no obstruction shall be placed to inhibit persons from entering or exiting parked vehicles.
(6) The department of community and economic development shall establish reasonable conditions as to each sidewalk business license relating to the size of tables, chairs, benches, umbrellas, awnings, display racks, works of art, freestanding signs, and any other items which are proposed for placement on the area of the sidewalk permitted to be used under a sidewalk business license. In the event that an applicant or licensee should disagree with such conditions, the assistant city manager shall intervene on the request of such applicant or licensee, and the decision of such assistant city manager shall be final and not subject to further appeal.
(7) Failure to comply with the provisions of LMC 12.30.090 through 12.30.140 shall constitute grounds for suspension of the sidewalk business license by the director of community and economic development if the licensee fails to heed a written warning issued by the director of community and economic development or his designee. Such suspension shall be for 48 successive hours. More than two suspensions within any 30-day period will result in revocation of the sidewalk business license. In the event of the cancellation or termination of required insurance coverage, and/or of the suspension or revocation thereof, such sidewalk business license shall be suspended until such insurance is reestablished. Upon written request of the holder of a sidewalk business license, a hearing before the assistant city manager shall be conducted with regard to any sidewalk business license revocation.
(8) All sidewalk business licenses shall be subject to the prior right of the city or of utility companies to effect repair and maintenance within the right-of-way. (Ord. 3202 § 4, 2012; Ord. 2773 § 2, 2000).
12.30.130 Offensive or inappropriate goods, merchandise or services, or noisy activities prohibited.
It shall be a misdemeanor for the holder of any sidewalk business license to display, advertise or sell any goods, wares or merchandise, or any services in violation of Chapter 19.70 LMC, or to violate any of the provisions of LMC 9.22.050. (Ord. 2773 § 2, 2000).
12.30.140 Issuance of sidewalk business licenses – Engaging in business without a sidewalk business license is a misdemeanor.
Sidewalk business licenses shall be issued by the director of community and economic development. Such licenses shall only be issued to and possessed by holders of current business licenses. Any person who engages in sidewalk business without a license to do so as provided in this chapter, or during such time as such person’s sidewalk business license is suspended, shall be guilty of a misdemeanor; each day that a person engages in such sidewalk business without a license to do so, or while his or her sidewalk business license is suspended, shall constitute a separate offense. Each applicant for a sidewalk business license shall make application therefor on forms provided by the department of community and economic development. No license fee shall be charged for sidewalk business licenses. (Ord. 2773 § 2, 2000).
12.30.150 Sunset provision.
Repealed by Ord. 2802. (Ord. 2773 § 2, 2000).
12.30.160 Use of Broadway between 12th Avenue and Commerce Avenue and between 14th Avenue and Commerce Avenue for the display and sale of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles, and other items and commodities of a “homecraft” nature.
Both sides of Broadway between 12th Avenue and Commerce Avenue and between 14th Avenue and Commerce Avenue may be closed to vehicular traffic specified hours and on days approved by the city council, and be used for the purpose of display and sales of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured and sold by farmers or gardeners, together with other items and commodities of a “homecraft” nature.
A “street use” permit may be issued by the department of public works to the Cowlitz Community Farmers Market, allowing it to permit its members to engage in the display and sales thereof in accordance with rules and regulations adopted by said Cowlitz Community Farmers Market, and such street use permit shall specify the conditions of street use, street closure and signage. Any such street permit so issued shall be subject to conditions and provisions requiring that the Cowlitz Community Farmers Market activity will not interfere or conflict with street maintenance or construction work, or work on buildings or structures along Broadway under an approved right-of-way permit, or other street use or parade permits approved by the city council requiring the use of Broadway; it is the intent of this provision that street and building construction, maintenance and repair, and city-wide celebrations including parades that include Broadway as a part of the route thereof shall have priority over the Cowlitz Community Farmers Market sale and display along Broadway. A copy of Cowlitz Community Farmers Market rules and regulations and any amendments thereto shall be filed in the office of the department of public works along with the street use permit. (Ord. 2857 § 2, 2003).
12.30.170 Tables, chairs, benches, display racks, decorative items, signs and advertising structures, tents and canopies.
The area permitted to be used in connection with such Cowlitz Community Farmers Market shall comply with the provisions of LMC 11.40.070, except that display and sales may occur between the curbs of Broadway between 12th Avenue and Commerce Avenue and between 14th Avenue and Commerce Avenue, and tents, canopies, and other similar forms of shelter may be erected and maintained during the time of street closure. Such tents, canopies and other shelters may contain tables, chairs, benches, umbrellas, awnings, display racks, decorative items such as plants, pictures, works of art, and freestanding signs, including “sandwich board” signs as described in LMC 16.13.040. The department of public works shall establish reasonable conditions that shall be applicable to each member/participant of the Cowlitz Community Farmers Market relating to said placement of tables, chairs, benches, umbrellas, awnings, display racks, and any other items which are proposed for placement on the area. (Ord. 2857 § 2, 2003).
12.30.180 Street use permit to Cowlitz Community Farmers Market – Terms and conditions and insurance – Suspension/revocation of license.
The Cowlitz Community Farmers Market shall, as a condition of being granted such street use permit, agree, in its behalf and on behalf of all of its members/participants to whom or to which it grants permission to engage in sales and displays under the provisions of LMC 12.30.160 through 12.30.200 and in accordance with its rules and regulations, to indemnify and hold the city free and harmless from all liability arising by reason of the use and/or occupancy of Broadway, or any portion thereof for such purposes, and at all times during the duration of such permit and activity, shall maintain public liability and property damage insurance in an aggregate amount of not less than $1,000,000 per incident, naming the city of Longview as a co-insured. An acceptable certificate of insurance and shall be filed with the department of public works prior to the issuance of a permit under LMC 12.30.160.
The Cowlitz Community Farmers Market, and all members/participants to whom or to which it grants permission to engage in sales and displays shall comply with all relevant regulations of the Cowlitz County health department, and shall keep and maintain the sidewalk areas along Broadway between 12th Avenue and Commerce Avenue and between 14th Avenue and Commerce Avenue and the street right-of-way of Broadway, in a clean, neat and safe manner at all times, and shall leave said area in a neat and clean manner after the conclusion of the conduct of the sales and display activities described herein.
No electrical cords or wiring shall be permitted which interfere with pedestrian traffic, and any permitted electrical wiring shall comply with the provisions of Chapter 16.23 LMC.
Pedestrian areas shall be maintained free and clear of all obstructions at all times, and shall allow for a continuous walkway along the length of Broadway between 12th Avenue and Commerce Avenue and between 14th Avenue and Commerce Avenue.
Landscaped areas and areas containing trees along Broadway and the dirt areas around such trees shall not be disturbed or used in connection with business activities.
Pedestrian entrances to all buildings along Broadway shall be maintained free and clear of all obstructions at all times.
Failure to comply with the provisions of this section and the street use permit, including the maintenance of pedestrian walkways, shall constitute grounds for suspension of any permit granted under LMC 12.30.160. The director of public works shall have the power and authority to order such suspension if the Cowlitz Community Farmers Market fails to heed a written warning issued by the said director or his designee. Such suspension shall be for not less than one calendar week. More than two suspensions within any calendar month will result in revocation of the permit hereunder issued to Cowlitz Community Farmers Market. In the event of the cancellation or termination of required insurance coverage, and/or of the suspension or revocation thereof, the permit issued to Cowlitz Community Farmers Market shall be suspended until such insurance is reestablished. Upon written request of the Cowlitz Community Farmers Market a hearing before the city manager shall be conducted with regard to any permit revocation. (Ord. 2857 § 2, 2003).
12.30.190 Offensive or inappropriate goods, merchandise or services, or noisy activities prohibited.
It shall be a misdemeanor for the Cowlitz Community Farmers Market or any member/participant to display, advertise or sell any goods, wares or merchandise, or any services in violation of Chapter 19.70 LMC, or to violate any of the provisions of LMC 9.22.050. (Ord. 2857 § 2, 2003).
12.30.200 Issuance of permission by Cowlitz Community Farmers Market to engage in the sale or display of fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles, and other items and commodities of a “homecraft” nature – Engaging therein without such permission in business is a misdemeanor.
Cowlitz Community Farmers Market may grant written permission to its members/participants to engage in the display and sale of goods, merchandise, items and commodities described in LMC 12.30.160. Any person who engages in the sale or display thereof without written permission granted by the Cowlitz Community Farmers Market, as provided in this chapter, or during such time as such person’s permission to do so is suspended, shall be guilty of a misdemeanor; each day that a person engages in such business, or while his or her sidewalk permission is suspended, shall constitute a separate offense. (Ord. 2857 § 2, 2003).
12.30.210 Sunset provision.
Repealed by Ord. 2876. (Ord. 2773 § 2, 2000).
12.30.220 Special parking space privileges – Cowlitz Community Farmers Market participants.
Twenty special parking space permits may be issued to the Cowlitz Community Farmers Market for distribution to its members and participants. Such permits shall entitle the motor vehicle displaying such permit to park such motor vehicle in any nonreserved parking space in lots 80 or 81 on any Wednesday during the months of May through October, inclusive, while the owner/operator of such motor vehicle is actively engaged as a participant in such Farmers Market. The total cost of all of such permits is the sum of $500.00 per calendar year, and shall be paid annually prior to the month of May.
Such permits may be distributed by the Cowlitz Community Farmers Market to its members and participants on a weekly, seasonal or other basis, and such permits are valid only when displayed inside the vehicle and clearly visible through such vehicle’s windshield. Any motor vehicle displaying such a permit shall be entitled to be parked in any available nonreserved parking space in city-owned off-street parking lots designated as lots 80 or 81, without further cost and without limitation as to the time on any Wednesday when the Cowlitz Community Farmers Market is conducted in accordance with the provisions of LMC 12.30.160 through 12.30.200, inclusive. (Ord. 2923 § 2, 2005).