Chapter 19.01 GENERAL REQUIREMENTS FOR DESIGN AND CONSTRUCTION OF ALL PUBLIC OR PRIVATE STREETS AND UTILITY FACILITIES

The requirements of this chapter shall apply to all street and utility improvements, public or private, to be designed or constructed within the city including, but not limited to, streets, sidewalks, landscape strips, driveways, water, sewer, storm, franchise utilities, clearing, and grading. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 4, 1987).

19.01.015 Public works standards adopted.

The adopted city of North Bend public works standards shall serve as the design and construction standards for all street and utility facilities. These standards, in addition to applicable provisions of the North Bend Municipal Code, and state and federal law, shall govern all such work. The city has adopted the standards in this chapter primarily for a two-fold purpose:

A. To set forth specific, consistent street and utility design elements for developers and other private parties constructing or modifying street or utility facilities which require city licenses or permits; and

B. To establish uniform criteria to guide the city’s construction of new city facilities or reconstruction of existing facilities.

These standards cannot provide for all situations. They are intended to assist but not to substitute for competent work by design professionals. It is expected that land surveyors, engineers, and architects will bring to each project the best of skills from their respective disciplines. These standards are also not intended to limit unreasonably any innovative or creative effort which could result in better quality, better cost savings, or both. Any proposed departure from the standards will be judged, however, on the likelihood that such departure will produce a compensating or comparable result, in every way adequate for the street and utility user and city resident.

The city’s public works standards may be referred to as the “standards.” “Standard drawings” shall refer to the drawings contained in the city’s public works standards as adopted in this chapter.

The director of public works is authorized to administratively adopt operating policies and minor changes, or adjustments, to the standard drawings to better implement the standards or allow for changes in design, material, and construction technology and methods occurring after the effective date of the ordinance adopting the public works standards. A copy of the public works standards shall be publicly available at the city’s public works department. (Ord. 1666 § 22, 2018).

19.01.016 Review of development proposals.

Owners of real property in the city who wish to develop their property and owners of real property outside the city limits who wish to enter into an agreement pursuant to NBMC 19.01.200 for the extension of city utilities to such real property shall submit such proposals for review by the city engineer. An application for such review shall be accompanied by a deposit of funds to defray actual costs of review, including administrative, legal, engineering and planning fees. The amount of the required deposit will be as established by the taxes, rates and fees schedule adopted by ordinance. The city will keep records of the uses of the deposits. Unused deposits will be refunded at the end of the project. If the development proposal is withdrawn, the city will refund to the applicant any funds on deposit that are not spent or not required for services rendered by the city or its agents. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 842 § 2, 1991).

19.01.020 Project manager and job superintendent.

The landowner/developer shall appoint, in writing to the city, their project manager and on-site superintendent. All correspondence and communications from the city will be addressed to the project manager or on-site superintendent. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 5, 1987).

19.01.040 City project representatives.

The project representative for the city shall be the city engineer. All correspondence and inquiries shall be addressed to this individual. The city engineer might appoint certain other persons to be responsible for various aspects of the project. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 7, 1987).

19.01.050 Construction plan preparation, submittal and review.

The city will not provide review of incomplete plans. Complete plan packages including all facilities to be constructed for a project shall be submitted to the city for review as a single package. The city will be available for a pre-application meeting to discuss particular project requirements if requested. The city will also be available for questions during the design process, but no permits will be issued without all plans being submitted, reviewed and approved. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 8, 1987).

19.01.060 Preconstruction conference.

A preconstruction conference is required and shall be requested and scheduled at the city by the project manager, after all plans have been reviewed and approved by the city and all other regulatory agencies and permits have been issued. The project manager and job superintendent shall be present, plus pertinent representatives from subcontractors, utility companies, and city. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 9, 1987).

19.01.070 Inspections by the city.

A. The city may provide periodic inspections of the work in progress during construction. Inspection by the city will be for conformance with city requirements contained in approved plans, specifications, permits and agreements for the project as well as in applicable city ordinances. The project manager shall at all times keep the city inspector advised as to the progress of the work and shall not cover or otherwise obscure any work from the inspector’s view prior to inspection.

B. The city inspector will not direct the construction activities or otherwise administer the project or make any certifications as to the percentage of completion of any portion of the project unless the landowner/developer has entered into a developer extension agreement with the city designating the city as the project manager.

C. The lack of inspection by the city inspector will not negate the responsibilities of the owner/developer to properly construct the project. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 10, 1987).

19.01.080 Special tests.

The city may from time to time require special tests such as material tests, compaction tests, structural tests, or performance tests of mechanical items or television inspection and videotaping. When these tests are requested, they shall be completed by the owner/developer at no cost to the city. If special consultants, laboratories, materials or equipment are required to perform or complete the tests, all costs thereof shall be paid by the owner/developer prior to acceptance of the construction by the city. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 11, 1987).

19.01.090 Minimum standards.

The standards contained in this title are minimum standards. The city engineer may require more stringent standards to be followed if, in the circumstances of a particular project, more stringent standards or different materials or equipment are necessary to protect the public health, safety or welfare. Additionally, the city engineer may require changes in the field during construction to correct an oversight that may have occurred during the permit review process. If any of these are the case, then the city engineer shall provide timely written notification to the project manager of the more stringent standards or corrections with an explanation as to the reasons therefor. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 12, 1987).

19.01.100 General provisions.

A. Permit Required. It is unlawful for anyone, except the city public works department or its agent, to perform clearing and grading, street, and/or utility work of any kind, without first obtaining a permit issued by the city. Permits shall not be transferable or assignable without the city’s prior written consent, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remains responsible for the performance of the work under the permit, and responsible for all bonding, insurance and other requirements of this chapter and under said permit.

B. Upon suspension or revocation of a permit, all use of the permitted area shall cease, except as authorized by the director. Continued activity following revocation or suspension under this section shall subject each and every violator to the maximum penalties provided by this chapter, with every day constituting a new violation. The director may revoke or suspend any permit issued under this chapter whenever:

1. The activity does not proceed in accordance with the plans as approved, in accordance with conditions of approval, or is not in compliance with the requirements of this chapter or procedures, or other city ordinances, or state laws;

2. The city has been denied access to investigate and inspect how the right-of-way is being used; or

3. The permittee has misrepresented a material fact in applying for a permit (a material fact is a fact which, had the truth been known at the time of the issuance of the permit, the permit would not have been granted).

C. As a condition to the issuance of any permit under this chapter, the permittee shall be required to execute a written agreement to forever hold and save the city free and harmless from any and all claims, actions or damages of every kind and description that may accrue to or be suffered by any person by reason of the use of such place or the construction, existence, maintenance, use or occupation of any such structure, services, fixtures, equipment and/or facilities on or in a place pursuant to this chapter. In addition, such agreement shall contain a provision that the permit is wholly of a temporary nature, and that it vests no permanent right whatsoever.

D. The permittee shall at all times and at the permittee’s expense preserve and protect from injury adjoining property by complying with such measures as the director or designee may deem reasonably suitable for such purposes. The permittee shall at all times maintain access to all property adjoining the excavation or work site.

E. To ensure adjacent properties can be provided water, sewer, drainage, and street service, service shall be extended to the extreme property line of the property and design for the ultimate development of the tributary areas. Sewer and drainage service shall be provided by a gravity system unless otherwise approved or directed by the city.

F. Demand projections will be taken from the latest version of the city’s planning documents such as the general sewer plan, water system plan, or other similar document(s) for transportation and drainage systems. (Ord. 1666 § 23, 2018).¹

19.01.200 Developer extension agreement.

The city hereby authorizes owners of real property within the city to enter into agreements with the city for the extension of public street and stormwater facilities to such real property and authorizes owners of real property within the city or without the city limits to enter into agreements with the city for the extension of public water and sewer facilities to such real property. The owner of the property for which the improvements are being made shall enter into a developer extension agreement with the city, executed on behalf of the city by the city engineer upon a form provided by the city attorney, post a performance bond, provide insurance as required under the developer extension agreement, and pay an administrative fee as established by the taxes, rates and fees schedule adopted by ordinance, all other applicable administrative, inspection, and permit fees, and all actual costs to the city associated with the project in excess of the administrative fee, including but not limited to legal, engineering, consultant and planning fees, as set forth in the agreement. Applicants for developer extension agreements shall be in compliance with all city ordinances, rules and regulations to be eligible for processing of their application. The agreement may authorize the city to provide design and construction administration services for the required public improvements with the owner/developer paying the costs and staff time. The city public works director shall have the authority to waive the requirement for a full developer extension agreement for small public street and/or small public utility extensions depending upon such factors as project size, risk, and such other objective factors as the public works director finds pertinent; however, such projects shall require a Type B right-of-way use permit pursuant to Chapter 12.24 NBMC. Examples of “small public street and/or small public utility extensions” for purposes of this section include, but are not limited to: constructing or replacing 100 feet or less of sidewalk and/or curb and gutter associated with a single-family residence; constructing or replacing less than 100 feet of public water, sewer, or stormwater facilities; replacing a driveway apron; or construction of 100 feet or less of sidewalk through the city’s sidewalk construction-in-lieu program. (Ord. 1655 § 1, 2018: Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 842 § 3, 1991: Ord. 720 § 14, 1987).

19.01.210 Construction administration and inspection fees – Generally.

Construction inspection/administration fees compensate the city for the administration and inspection costs associated with the construction of improvements. Inspection and administration fees shall cover inspections during the first 12 months after issuance of permits and are payable prior to permit issuance. If construction time exceeds 12 months from the issuance of permits, additional inspection fees shall be due in proportion to the original fees and payable on each anniversary date of permit issuance for each additional year or portion thereof until final construction approval and acceptance. Supplemental construction inspection fees shall be charged for reinspection of facilities if the time period from construction approval to final facility acceptance exceeds 60 days. All overdue construction inspection fees are subject to late payment charges. Balances more than 60 days overdue from date of billing are subject to an additional late charge and subsequent monthly late charges based on percentages of the outstanding fee balance. The late charge shall be as established by the taxes, rates and fees schedule adopted by ordinance. Acceptance of work shall not be issued unless all fees are paid current. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 768 § 12, 1988).

19.01.220 Construction administration and inspection fees – Sewer lines.

Repealed by Ord. 1666. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 768 § 13, 1988).

19.01.230 Construction administration and inspection fees – Water lines.

Repealed by Ord. 1666. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 768 § 14, 1988).

19.01.240 Construction administration and inspection fees – Other facilities/utilities.

Repealed by Ord. 1666. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 768 § 15, 1988).

19.01.300 Easements.

Where easements are required for any utilities to be owned, operated or maintained by the city, the landowner/developer shall prepare the easements, secure city approval of the content and adequacy, and shall obtain signatures on easements from all parties with an interest in the property over which an easement is required, and shall submit the easements to the city engineer prior to receipt of any public utility service or permits from the city. All costs for preparation, acquisition and recording shall be paid by the landowner/developer. Any required easements over property not owned by the landowner/developer shall be secured by the landowner/developer prior to issuance of permits. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 17, 1987. Formerly 19.01.400.).

19.01.310 Standards for easements.

Whenever water, sewer, and/or stormwater lines are located outside of public rights-of-way, the easement shall be of sufficient width to allow for future replacement of the facility without damage to permanent adjacent improvements. In general, if the water, sewer, and/or stormwater line is located in the center of the easement, its minimum width shall be 15 feet. Special circumstances may require additional widths such as for deep pipe lines. (Ord. 1317 § 1 (part), 2008: Ord. 842 § 3, 1991. Formerly 19.01.410.).

19.01.400 Bill of sale and original design drawings.

Upon completion of construction, the landowner/developer shall furnish the city with an itemization of all costs associated with the construction of the public streets and/or utilities in order that a bill of sale can be prepared. Record construction drawings (commonly known as “as-builts”) drawn on mylar, record drawings provided electronically on a compact disk in AutoCAD format, and other necessary data shall also be submitted at the completion of construction and shall remain the property of the city. In addition, the developer shall furnish the city with a guarantee of workmanship and materials for a period of two years. Such guarantee may be in the form of a cash deposit or a security device in a form and amount approved by the director. (Ord. 1666 § 27, 2018: Ord. 1317 § 1 (part), 2008: Ord. 720 § 17, 1987. Formerly 19.01.500.).

19.01.500 Reimbursement agreement.

Owners entering into developer extension agreements, as authorized under NBMC 19.01.200, for the construction of street or utility improvements may apply to the city to enter into a reimbursement agreement for recovery of a pro rata share of the cost of constructing the improvements from property owners that will benefit from the extended improvements and did not share in the cost; provided, however, that any sewer, water or stormwater improvements covered by a reimbursement agreement must lie within the city limits or within the city’s planned and approved service areas for the associated improvements. Such an agreement may be executed by the city engineer in a form prepared by the city attorney. No reimbursement agreement shall extend for a period longer than 15 years from the date of final acceptance of such improvements by the city. (Ord. 1317 § 1 (part), 2008: Ord. 842 § 4, 1991: Ord. 720 § 15, 1987. Formerly 19.01.300.).

19.01.510 Application for reimbursement agreement.

Application for a reimbursement agreement shall be made to the city engineer and shall be accompanied by a nonrefundable application fee as established by the taxes, rates and fees schedule adopted by ordinance. Applicants for reimbursement agreements shall be in compliance with all city ordinances, rules and regulations to be eligible for processing of their application. (Ord. 1317 § 1 (part), 2008: Ord. 1237 § 17 (part), 2005: Ord. 842 § 5, 1991. Formerly 19.01.310.).

19.01.520 Procedures for reimbursement agreements.

The procedures to be followed for reimbursements for street and utility improvements shall be as follows:

A. Subject to approval by the city, the applicant will formulate an assessment reimbursement area (“benefit area”) including all property whose owners did not contribute to the original cost of such street and utility improvements and who may subsequently tap onto, drain to, or use such utility improvements, including users connected to laterals or branches connecting thereto, or whose property would require such street improvements.

B. The applicant will establish the costs of the street and utility improvements based on actual costs of design and construction and the pro rata share of such costs to be assessed against each parcel within the benefit area, determined on an acre, front footage, or other equitable basis, which costs and basis for assessment must be approved by the city engineer. The applicant shall provide such documentation as necessary by the city engineer to confirm actual costs incurred including but not limited to copies of invoices from the designer and contractor, checks issued for payments by the owner, etc.

C. The city council will hold a hearing regarding the proposed benefit area and the assessments applicable to property in the benefit area. Notice of the date of the hearing, along with the preliminary determination of the boundaries of the benefit area and the assessments for each parcel within the benefit area, shall be sent by regular mail to the property owners of record within the benefit area as shown on the records of the King County assessor. Notice of the hearing shall be mailed no later than 20 days before the date of the hearing. At the hearing, the city council shall consider comments from property owners within the benefit area and shall set the boundaries of the benefit area and the assessments to be borne by property owners within the benefit area.

D. The reimbursement agreement may then be executed on behalf of the city by the city engineer. The reimbursement agreement must be recorded in the King County auditor’s office within five days of its execution. It shall be the sole responsibility of the reimbursement applicant to record the reimbursement agreement. Once recorded, the reimbursement agreement shall be binding on owners of record within the benefit area.

E. All notice requirements set forth herein shall be the sole responsibility of the applicant for reimbursement agreement and shall be satisfied by a notarized affidavit that the applicant has mailed the notices in accordance with the requirements set forth herein.

F. Where a reimbursement agreement applies to utility improvements, the city will not allow any property owner within the benefit area to tap into the sewer, water, or storm sewer system without prior payment of the reimbursement assessment applicable to such property owner. Where a reimbursement agreement applies to street improvements, the city will not allow any property owner within the benefit area to receive preliminary plat approval, a development permit, or change of use on the property that would otherwise qualify for frontage improvements without prior payment of the reimbursement assessment applicable to such property owner. The city shall use its best efforts to assure compliance with this section, but the city shall incur no liability for an unauthorized tap. (Ord. 1317 § 1 (part), 2008: Ord. 842 § 6, 1991. Formerly 19.01.320.).

19.01.530 Rights and nonliability of city.

The city reserves the right to refuse to enter into any reimbursement agreement or to reject any application thereof. All applications for reimbursement agreements shall be made on the basis that the applicant releases and waives any claims for any liability of the city in establishment and enforcement of reimbursement agreements. The city shall not be responsible for locating any beneficiary, survivor, assign or successor in interest entitled to payments by or through a reimbursement agreement. Any collected funds unclaimed after one year from the expiration of the agreement shall be returned to parties making payment to the city. Any remaining undeliverable funds shall inure to the benefit of the appropriate utility and/or fund approved by the city council. (Ord. 1317 § 1 (part), 2008: Ord. 842 § 7, 1991. Formerly 19.01.330.).

19.01.600 Oversizing credit.

If any public utility such as water mains, sanitary or storm sewers are required for the purpose of benefiting additional or adjacent properties to be sized larger than the minimum sizes set forth in this title, or as required by other regulatory guidelines, then such utility shall be constructed to such size and design as determined by the city engineer. Reimbursement to the landowner/developer for the costs of this oversize construction in order to benefit additional or adjacent properties, and the terms of the oversize reimbursements, will be defined in the developer extension agreement. If the terms are not established in the developer extension agreement and actual amounts not determined prior to the issuance of permits, then the developer/owner will have been deemed to have waived his right to any oversizing credit. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 18, 1987).

19.01.700 Grade sheets – Surveys.

All streets, curbs, sidewalks, sanitary sewers and storm sewers, and other such facilities as determined by the city engineer, shall be constructed to surveyed line and grade and as detailed on the plans. Grade sheets shall be prepared for all sanitary sewers and storm sewers. All construction surveys shall be done under the direction of a licensed land surveyor. (Ord. 1317 § 1 (part), 2008: Ord. 720 § 19, 1987).

19.01.800 Construction drawing formats.

The city requires that all construction drawings for work done under this title conform to the format identified in the public works standards unless exceptions are approved in advance by the city engineer. (Ord. 1666 § 28, 2018: Ord. 1317 § 1 (part), 2008: Ord. 843 § 4, 1991).²

Prior legislation: Ords. 720, 843 and 1317.

Prior legislation: Ord. 720 § 20.