Chapter 11.12
CONSTRUCTION STANDARDS

Sections:

11.12.010    General construction standards.

11.12.020    Construction codes.

11.12.030    Construction permits and use permits.

11.12.040    Applications.

11.12.050    Scheduling and coordination of work.

11.12.010 - General construction standards

Notwithstanding any provision of Chapter 12.20 of the Olympia Municipal Code, no person or service provider shall commence or continue with the construction, installation, maintenance, or repair of Facilities within rights-of-way of the City or upon City-owned property, except as provided in this Chapter.

(Ord. 6033 §80, 2000; Ord. 5816 §7, 1998).

11.12.020 - Construction codes

Facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state and local codes, rules and regulations, and upon issuance by the City of a use permit.

(Ord. 6033 §81, 2000; Ord. 5816 §7, 1998).

11.12.030 - Construction permits and use permits

No person or service provider shall construct, install, repair, or maintain any Facilities within the right-of-way of the City or upon City property without first obtaining a use permit. A use permit shall be issued by the City only as follows:

A.    The person or service provider has first obtained the appropriate construction permit per Chapter 3 of the Development Guidelines which govern such work;

B.    No use permit shall be issued for the construction or installation of Facilities within the City unless the cable operator or telecommunications carrier has filed an application for a Telecommunications Business License pursuant to Chapter 5.04 of the Olympia Municipal Code;

C.    No permit shall be issued for the construction or installation of Facilities in the right-of-way unless the cable operator or service provider has applied for and received an authorization or master permit pursuant to this Chapter; provided, the City may not deny a use permit to a service provider with an existing state-wide grant to occupy the right-of-way for wire line facilities on the basis of failure to obtain a master permit;

D.    No Use Permit shall be issued for the construction or installation of Facilities without payment of any applicable construction permit fee; and

E.    No Use Permit shall be issued for the construction or installation of telecommunications or other equipment on City property unless the service provider has applied for and received a Facilities Lease from the City. The City Council reserves unto itself the sole discretion to lease City property for Facilities, and no vested or other rights shall be created by this Section or any provision of this Chapter applicable to such Facilities Leases.

(Ord. 6033 §82, 2000; Ord. 5816 §7, 1998).

11.12.040 - Applications

Applications for Use Permits to construct Facilities shall be submitted to the Community Planning and Development Director upon forms to be provided by the City and shall be accompanied by drawings, plans, and specifications per Chapter 3 of the Development Guidelines.

(Ord. 6033 §83, 2000; Ord. 5816 §7, 1998).

11.12.050 - Scheduling and coordination of work

The City shall, in order to facilitate the scheduling and coordination of work in the right-of-way, provide as much advance notice as reasonable of plans to open the right-of-way to those service providers who are current users of the right-of-way or who have filed notice with the clerk of the city or town within the past twelve (12) months of their intent to place Facilities in the city or town. The City shall not be liable for damages for failure to provide this notice, provided that, where the City has failed to provide notice of plans to open the right-of-way consistent with this Section, the Director of Community Planning and Development may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project.

The Director shall have the authority to require that Facilities are installed and maintained within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public health, safety, and welfare.

(Ord. 6033 §84, 2000).