Chapter 10.48
PUBLIC RIGHT-OF-WAY
Sections:
10.48.010 Permit required for work in or use of right-of-way.
10.48.020 Permit restricted when street and drainage interfered with.
10.48.030 Permit required for construction or alteration.
10.48.040 Application contents.
10.48.050 Issuance determination.
10.48.055 Pavement and sidewalk cutting restrictions.
10.48.060 Approach culvert – Culvert and driveway installation.
10.48.090 Suspension or revocation of permit.
10.48.110 Penalty for violation.
10.48.010 Permit required for work in or use of right-of-way.
(1) No person shall:
(a) Perform any work in any public right-of-way within the city, including, without limitation, excavation, filling and construction or removal of any structure or facility;
(b) Store, place, or locate any material, equipment, portable storage unit, inanimate object, or thing (other than a legally parked motor vehicle) in any public right-of-way within the city;
(c) Close, fence, erect scaffolding in, or block off any portion of any public right-of-way within the city, including for filming, block parties, or street fairs;
(d) Cut down, remove, or destroy any tree that is six inches or greater in diameter at breast height and whose trunk, or any portion thereof, is located in any public right-of-way of the city;
(e) Otherwise use or appropriate any portion of any public right-of-way for private use;
without first securing a permit from the planning department, or such other agent of the city as shall be designated by the city manager.
(2) As used in this chapter, the term “public right-of-way” means and includes all land in which the city has a fee, dedication, easement or other real property interest that is used or held by the city for public pedestrian or vehicular travel, including all streets, roads, sidewalks, paths, and trails.
(3) A permit may be applied for on the next business day when work is performed in response to an emergency situation where service has been interrupted or there is the potential for loss of life, safety, property or environmental resources. (Ord. 982 § 1, 2018; Ord. 662 § 1, 1999; Ord. 661 § 1, 1999; Ord. 346 § 1, 1979; Ord. 113 § 1, 1960).
10.48.015 Exemption.
Repealed by Ord. 1023. (Ord. 982 § 1, 2018; Ord. 661 § 1, 1999).
10.48.020 Permit restricted when street and drainage interfered with.
No permit shall be granted for any use which shall interfere with the proper functioning and maintenance of street and roadside drainage, and the unauthorized dumping, introduction, construction, installation or erection of any kind which shall block or interfere with drainage, traffic maneuverability or right-of-way cleanliness, shall be a violation of this chapter. (Ord. 982 § 1, 2018; Ord. 346 § 2, 1979; Ord. 113 § 2, 1960).
10.48.030 Permit required for construction or alteration.
No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, driveway or street in the public rights-of-way within the city without first obtaining a permit from the planning department, or such other agent as shall be designated by the city manager. (Ord. 982 § 1, 2018; Ord. 113 § 3, 1960).
10.48.040 Application contents.
An applicant for a permit hereunder shall file with the planning department on the forms provided, an application containing:
(1) Name and address of the owner, or agent in charge, of the property abutting the proposed area where the work will be performed or the use will be made;
(2) Name and address of the person doing the work or conducting the use;
(3) Location of the work area or the area in which the use will be made;
(4) An attachment with plans showing details of the proposed alteration, construction, use, installation, or deposit;
(5) The anticipated duration of the work or use; and
(6) Such other information as the designated agent of the city finds reasonably necessary to determine whether a permit should issue hereunder. (Ord. 982 § 1, 2018; Ord. 661 § 1, 1999; Ord. 113 § 4, 1960).
10.48.050 Issuance determination.
(1) The city shall issue a permit hereunder when it is determined that:
(a) The plans for the proposed work or use comply with the city’s requirements relating thereto, including issuance of such other permits as may be required;
(b) The work shall be done according to the standard specifications of the city for public works, including, without limitation, the Normandy Park road standards;
(c) The work or use will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from property affected and adjacent properties;
(d) In the case of a permit that is sought to cut down, remove, or destroy a tree that is six inches or greater in diameter at breast height and whose trunk, or any portion thereof, is located in any public right-of-way of the city, the tree is hazardous, i.e., is dead, or is so affected by a significant structural defect or disease, that falling or failure appears imminent, or is a tree that impedes safe vision or traffic flow, or that otherwise currently poses a threat to life or property;
(e) The health, welfare and safety of the public will not be unreasonably impaired.
(2) The planning department or other city official considering the permit application may condition any approval to ensure that the criteria set forth in subsection (1) of this section are met. If any of the criteria set forth above cannot be met through the imposition of reasonable conditions, the permit shall be denied.
(3) Right-of-way use permits issued under the provisions of this chapter shall be valid for the duration reasonably determined by the planning department to be necessary to complete the work or conduct the approved use and shall thereafter automatically expire.
(4) All right-of-way use permits shall be conditioned upon the satisfactory restoration of the surface of the public right-of-way and any public or private improvements located therein upon completion of the work or cessation of the approved use. Restoration shall include, but not be limited to, completion of any construction work to city standards, restoration of any disturbed areas as near as may be to the condition they were in immediately prior to commencement of the work or use, and cleanup of the work or use area. The city may require a bond, cash deposit, or other security in a form acceptable to the city, in an amount that will ensure satisfactory restoration as approved by the city. The bond, security or cash shall be posted at the same time approval of the permit is granted, and the same shall be released upon inspection and approval of all restoration work by the city. (Ord. 982 § 1, 2018; Ord. 661 § 1, 1999; Ord. 113 § 5, 1960).
10.48.055 Pavement and sidewalk cutting restrictions.
(1) Pavement on 1st Avenue South shall not be cut for a period of five years after the pavement has been constructed or resurfaced. In cases of emergency or construction failure, or if all alternatives to pavement cutting have been exhausted, cutting of the pavement may be allowed if approved by the city, in accordance with the city’s street standards. If a transverse cut is made within this five-year period, a 150-foot-long, full-width, hard-surface overlay shall be placed over the cut.
(2) If sidewalks on 1st Avenue South or Marine View Drive are cut, they shall be restored to their original specifications and surface treatment, with the restoration covering no less than a section from one expansion joint to the next expansion joint. If sidewalks in any other area of the city are cut, the restoration must cover no less than a complete section from one hand-troweled tooled joint to the next. All restorations are subject to city inspection and approval. (Ord. 982 § 1, 2018; Ord. 721 § 1, 2004).
10.48.060 Approach culvert – Culvert and driveway installation.
Where an approach culvert is deemed necessary to provide a driveway to present or proposed construction on abutting property, such culvert and driveway shall be installed before materials are delivered to the property by transportation over or across such drainage facilities so as to avoid injury or damage to the streets, drainage facilities and street shoulders. (Ord. 982 § 1, 2018; Ord. 113 § 6, 1960).
10.48.070 Specifications.
All work and improvements within the public right-of-way shall be completed to city of Normandy Park standards. (Ord. 982 § 1, 2018; Ord. 113 § 7, 1960).
10.48.080 Final inspection.
Upon completion of the permitted work or the permitted use, notice thereof shall be given to the city in order that a final inspection may be made thereof to determine whether the work or use was done in accordance with the provisions of this chapter and the permit granted. (Ord. 982 § 1, 2018; Ord. 113 § 9, 1960. Formerly 10.48.090).
10.48.090 Suspension or revocation of permit.
(1) The planning department may suspend or revoke any permit issued under this chapter whenever it is determined that:
(a) Approval of the permit was obtained by fraud or misrepresentation of material fact;
(b) The work or use authorized by the permit is being exercised contrary to the terms and conditions of approval; or
(c) The work or use authorized by the permit is being exercised in an unsafe manner.
(2) The suspension or revocation shall become effective immediately upon issuance of a notice of suspension or revocation by the planning department; provided, that the planning department may elect to provide notice to the permit holder in advance of the effective date of the suspension and to provide the permit holder with an opportunity to cure the violation or defect in the permit as long as the safety of persons or property is not impaired by any such delay in the effective date. If the suspension or revocation is immediate, notice shall be posted on the work or use site and work or use under the permit shall immediately cease. The suspension or revocation will not be lifted, and the work or use may not resume, unless and until any violation or defect is cured. (Ord. 982 § 1, 2018).
10.48.100 Catch basin and manhole construction standards.
Repealed by Ord. 982. (Ord. 113 § 10, 1960).
10.48.110 Penalty for violation.
Any person violating or failing to comply with any provision of this chapter shall be subject to the provisions and penalties set forth in NPMC Title 19. Each day on which a violation of the provisions of this chapter exists constitutes a separate and distinct violation. In addition, violation of this chapter shall be considered a nuisance and may be abated in the manner provided for nuisances through action in any court of competent jurisdiction. (Ord. 1005 § 2 (Exh. B § 12), 2021; Ord. 982 § 1, 2018; Ord. 661 § 1, 1999; Ord. 113 § 11, 1960).
10.48.120 Insurance required.
When required by the city manager or his designee, a certificate of liability insurance shall be submitted to the city prior to permit issuance, in the amount of $1,000,000 commercial general liability coverage per occurrence and $2,000,000 aggregate. The city of Normandy Park shall be named as additional insured. The minimum insurance coverage may be increased administratively based on the nature and amount of risk involved. All applicants shall hold the city harmless for all damages occurring from their work and shall be required to sign a hold harmless agreement that is included in the application form. (Ord. 982 § 1, 2018; Ord. 938 § 1, 2016; Ord. 661 § 1, 1999).
10.48.130 Permit fee.
The initial application shall be accompanied by a fee in such amount as shall, from time to time, be adopted by resolution of the city council. (Ord. 982 § 1, 2018; Ord 662 § 2, 1999; Ord. 661 § 1, 1999).