Chapter 12.04 STREET EXCAVATIONS AND OBSTRUCTIONS

A. “Distribution system” means pipes, pipelines, mains, intervals, conduits, feeders, regulators, meters, fixtures, connections and all attachments, appurtenances and appliances necessary and incidental thereto or in any way appertaining to a distribution system.

B. “Maintenance,” “maintaining” or “maintained” means the relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating and restoring operations incidental thereto.

C. “Permittee” means any person, company, partnership or corporation or its successors and assigns holding a franchise, or any other person who may in the course of its business construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges and public property and other places in the city, a system of pipes, pipelines, mains, intervals, conduits, feeders, regulators, meters, fixtures, connections and attachments, appurtenances and appliances incidental thereto, or in any way appertaining thereto, for the purposes of transporting, transmitting, distributing, selling and supplying service or product for heating, lighting, power, water, and including all underground installations of any type or manner for distribution or collection thereof, and any and all domestic, commercial and industrial purposes, and other reasons and purposes, to inhabitants, persons, firms, associations and corporations within the city for public, private, domestic and industrial use.

D. “Person” means any person, firm, association or corporation.

E. “Streets and alleys” means and includes streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds and public improvements within the city.

F. “Transmission system” means a pipeline installed for the purpose of transmitting from a source or sources of supply to one or more distribution centers or to one or more large volume customers. (Ord. 10-110 § 1 (Exh. A)).

12.04.020 Permit required.

It is unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any streets and alleys in the city or to fill in, place, leave or deposit in or upon any streets and alleys any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same for the installation and/or maintenance of a distribution or transmission system or for the purpose of making a utility connection with any premises, without first having obtained a permit and without complying with the provisions of this chapter, or at variance with the terms of any such permit; provided, however, that in the case of an emergency, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the city clerk, or to the police department of the city, and the necessary excavation may be made upon the express condition that an application be made, in the manner herein provided, on or before noon of the following business day. All persons shall notify the city prior to installation of any utilities. (Ord. 10-110 § 1 (Exh. A)).

12.04.030 Application and bond.

A. The permittee shall make application to the city for a permit and in connection therewith shall file a bond in the sum of $10,000, conditioned on faithful performance of the terms of the permit and holding the city harmless from any loss, damages, cost or expense of any nature which may accrue to or be asserted against the city by reason of any activities of the permittee, its successors or assigns under this chapter.

B. Any utility company, or quasi-utility company, or other person who, being required by law to post a performance bond or other blanket bond which ensures its faithful and proper performance for work done, with the state, or any of its agencies, may file a certified copy of said bond with the city clerk, who shall then file the same in the records of the city, and maintain a ledger of said bonds showing the name of the permittee whom the bond covers, the amount of the bond, and its expiration date; and the permittee, having filed the bond as provided in this section, shall then be in complete and full compliance with this chapter as to furnishing bond with each permit.

C. Each permittee who shall be allowed to file a certified copy of their bond as specified in subsection B of this section shall renew the filing of the bond with the city on the anniversary date of the filing of the bond as allowed in subsection B of this section. Failure to renew and refile the certified copy as called for in subsection B of this section will be a violation of the bond requirement from and after the anniversary date. Should the permittee, as specified in subsection B of this section, fail to file its bond with the city clerk subsequent to the anniversary date, the permittee shall then be required to post a separate $10,000 bond for each opening, cut or excavation for each permit.

D. The bond, as required in subsection A of this section, is required to ensure the faithful performance by the permittee of compliance with all the provisions of this chapter and other ordinances of the city. The bond shall also ensure that the permittee shall replace and repair all surfaces of the rights-of-way of the city which are disturbed or excavated by the permittee and shall ensure that the permittee shall restore the same at his expense to as good or better condition as the surface was in at the time of the excavation and that the permittee shall maintain such restoration until such time as the surface shall be repaved, replaced or acted upon by the city or its agents. Acceptance of the restoration by the city at the time of said replacement or restoration shall not prevent the city from making claim against the permittee for incomplete or defective work, if and when the same is discovered by the city. The fact that an inspector was present during the progress of any construction or restoration or replacement shall not relieve the permittee from responsibility for defects discovered after the completion of the work or for any deterioration in the replacement or restoration of the excavation.

E. Any permittee who holds a franchise with the city and those utility companies and quasi-utility companies who have furnished a certified copy of their blanket bond to the city, as allowed under subsection B of this section, and who are regularly doing business in the city, are authorized to make quarterly payments to the city clerk for the total amount of their accrued permits during said quarterly period. The payment shall be made no later than 15 days after the end of the quarter. Payment shall be in full for all permits for the preceding quarter. Should said fees not be paid by the fifteenth day of the month following the end of that quarter, a 10 percent penalty shall be added thereto. Should the city be required to refer this matter for collection or to bring suit for the collection of the same, including penalties, the permittee shall be required to pay all reasonable attorneys’ fees and costs incurred by the city in the collection of the same. In addition thereto, failure to pay said fees shall be deemed a violation of this chapter and subject to the penalties as provided herein. (Ord. 10-110 § 1 (Exh. A)).

12.04.040 Insurance.

The permittee shall at the time of applying for a permit, as provided in this chapter, indemnify and save the city free and harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to himself or to persons and property of others which may occur by reason of the exercise of the rights and privileges granted herein or under other ordinances, and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect, and filed evidence thereof with and approved by the city clerk a good and sufficient policy (or policies) covering $100,000 personal injury each person, $300,000 personal injury each accident and $50,000 property damage with said policy (or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the state, conditioned to indemnify and save harmless the city from and against any and all claims, actions, suits, liability, loss, costs, expense or damage of any kind or description which may accrue to or be suffered by anyone by reason of the erection, construction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation of the distribution system and appurtenances thereto, or by reason of anything that has been done by the permittee hereunder which may in any way cause liability by reason thereof, said policies to remain in full force and effect during the exercise of the rights and privileges granted herein or under other city ordinance by permittee, its successors or assigns. (Ord. 10-110 § 1 (Exh. A)).

12.04.050 Routing of traffic during construction.

A. During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public; provided, that the city may permit the closing of streets or alleys to all traffic for a designated period of time if, in its opinion, it is necessary. The permittee shall route and control all traffic, including its own vehicles, as directed by the police department.

B. The following steps must be taken before any street or alley may be closed or restricted to traffic:

1. Receive the approval of the city and the police department;

2. Notify the chief of the fire department of any street or alley so closed.

C. Upon completion of construction work, the city and police department shall again be so notified before traffic is moved back to its normal flow so that any necessary adjustment may be made.

D. Where flagmen are deemed necessary by the police department, they shall be furnished by the permittee at its own expense.

E. Through traffic shall be maintained without the aid of detours if possible. In instances in which this would not be feasible, the police department will designate detours. The city will maintain roadway surfaces of existing streets; the permittee will construct all detours at its expense. The permittee will be responsible for any unnecessary damage to any streets by the operation of its equipment. (Ord. 10-110 § 1 (Exh. A)).

12.04.060 Maintaining traffic.

The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. It shall construct and maintain adequate and safe crossing over excavations and across streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular and pedestrian crossings shall be constructed and maintained of plank, with timbers and blocking of adequate size to accommodate said traffic safely. The walk shall be not less than four feet in width and shall be provided with a railing. (Ord. 10-110 § 1 (Exh. A)).

12.04.070 Removal and protection of utilities.

A. The permittee shall not interfere with any existing utility without first notifying all persons who might have services interrupted by such excavation by calling the Chelan-Douglas County utilities coordinating council (telephone number 509/663-6111) one-call system, no later than 24 hours prior to the commencement of excavation, except in the case of an emergency, as commonly defined, and in the case of such emergency, the person making said excavation shall notify the utilities coordinating council as soon as reasonably possible. If it becomes necessary to move an existing utility this shall be done by the utility charged with the operation of the same. Whenever the permittee’s utility, occupying space in any street or alley, interferes with the actual construction of any public improvement, such utility shall be moved by the permittee. No utility, either publicly or privately owned, shall be moved to accommodate the permittee unless the cost of such work be borne by the permit-tee.

B. The permittee shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the construction or maintenance work and do everything necessary to support, sustain and protect the same under, over, along or across said work. In case any of said pipes, conduits, poles, wires or apparatus should be damaged, they should be repaired by the authorities having control of the same and the expense of such repairs shall be charged to the permittee and its bond shall be liable therefor.

C. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipe, sewer, gas pipe, electric conduit or other utility and its bond shall be liable therefor.

D. The permittee shall inform itself as to the existence and location of any underground utilities and protect the same against damage. (Ord. 10-110 § 1 (Exh. A)).

12.04.080 Protection of property.

A. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the construction or maintenance work and shall be responsible for all damage to public property or streets and alleys resulting from its neglect to exercise proper protection in the prosecution of said work.

B. Whenever it may be necessary for the permittee to trench through any lawn area, the sod area shall be carefully cut and rolled and replaced after ditches have been backfilled, as provided in this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began.

C. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public parks, the city park department. (Ord. 10-110 § 1 (Exh. A)).

12.04.090 Preservation of monuments.

The permittee shall not disturb any surface monuments or hubs found on the line of the improvements until ordered to do so by the county engineer. A penalty of $25.00 shall be imposed for any monument or hub disturbed without such order. (Ord. 10-110 § 1 (Exh. A)).

12.04.100 Damage to existing improvements.

All damage done to existing improvements during the progress of construction or maintenance work shall be repaired by the permittee and/or replaced exactly as the original and conform to APWA Standard Specifications for Municipal Public Works. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city may cause said necessary labor and materials to be furnished by other parties and the cost shall be charged against the permittee, which shall be liable on its bond therefor. (Ord. 10-110 § 1 (Exh. A)).

12.04.110 Property lines and easements.

Property lines and limits of easements shall be indicated on the plans and it shall be the permittee’s responsibility to confine its construction activities within these limits. Any damage resulting from trespassing beyond those limits shall be the sole responsibility of the permittee. (Ord. 10-110 § 1 (Exh. A)).

12.04.120 Care of excavated material.

All material excavated from trenches and piled adjacent to the trench, or in streets, shall be piled and maintained in such manner that the excavated material will not filter back into the trench until backfilling is begun. It shall also be piled so that as little inconvenience as possible is caused to public travel. When the confines of the area through which excavation is to be made are too narrow to permit the piling of excavated material beside the trench, such as might be the case in an alley, the permittee shall haul excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permit-tee’s responsibility to secure the necessary permission and make all necessary arrangements for all storage and disposal sites required. (Ord. 10-110 § 1 (Exh. A)).

12.04.130 Interference with other services.

The work shall be conducted so as not to interfere with access to fire stations and fire hydrants. Material or obstructions shall not be placed within 15 feet of fire plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of material piles or other obstructions. (Ord. 10-110 § 1 (Exh. A)).

12.04.140 Provision for watercourses.

The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the progress of the work, and shall replace the same in as good condition as it found them or shall make such final provisions for them as the county engineer or city may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, mud, silt, slickings or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from its failure so to provide. (Ord. 10-110 § 1 (Exh. A)).

12.04.150 Cleaning up.

As the construction or maintenance work progresses, all streets and alleys and private property shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. Cleaning up the location of such properties or highways shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city before final acceptance of said work. (Ord. 10-110 § 1 (Exh. A)).

12.04.160 Breaking through pavement.

Whenever it becomes necessary to break through existing portland cement concrete pavement (or sidewalk and curb), the pavement shall be cut with a power-driven concrete saw. The depth of cut shall be not less than 20 percent nor more than 50 percent of the total thickness of pavement. (Ord. 10-110 § 1 (Exh. A)).

12.04.170 Tunnels.

Tunnels under pavement shall not be permitted except by permission of the city. (Ord. 10-110 § 1 (Exh. A)).

12.04.180 Restoration of surface.

A. The permittee shall restore the surface of all streets and alleys to their original condition in accordance with the specifications of APWA Standard Specifications for Municipal Public Works, including the provisions for backfilling, compaction and surfacing of the street, alley, or other improvement.

B. The permittee shall be required to maintain in good condition for normal traffic use the surface over the street openings until such time as the permanent surfacing has been restored. (Ord. 10-110 § 1 (Exh. A)).

12.04.190 City’s right to restore surface – Procedures.

If the permittee shall have failed to restore the surface of the streets and alleys to their original and proper condition upon the expiration of the time fixed by such permit or upon the completion of the work allowed to be done under such permit, the city shall, it if deems it advisable, have the right to do all work or have all work done or do all things necessary to repair said surface to its original condition. The permittee shall be liable for the expense thereof, either personally or upon the bond filed at the time of the granting of the permit, and the city shall have a cause of action against the permittee, or against the permittee’s bond for all fees, expenses, costs and amounts paid out for the completion of such work; provided further, that if, in the judgment of the city or its agents, it is not expedient to replace the pavement over any cut or excavation made in any street or alley upon the completion of the work allowed under such permit, due to the looseness of the earth or weather conditions, it may direct the permittee to lay a temporary pavement of wood or other suitable material, as approved by the city, over such cut or excavation, which shall remain until such time as the repair of the original pavement or surface may be properly made. In the case of the failure of the permittee to commence in good faith the replacing of such temporary surface within five days after the date of such notice, the city may lay such temporary pavement or surface itself and collect the costs and expenses thereof from the permittee in the manner hereinbefore provided. (Ord. 10-110 § 1 (Exh. A)).

12.04.200 Maintain drawings, plans and profiles.

Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations, and the same shall be made available to and for the use of the city for their purposes. Corrected maps shall be filed with the city engineer within 60 days after new installations, changes or replacements are made. (Ord. 10-110 § 1 (Exh. A)).

12.04.210 Violation – Penalty.

Any person violating any of the provisions hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $500.00. Each day in which the provisions of this chapter are violated shall be deemed to be a separate and severable offense and punishable by a maximum fine of $500.00 for each separate offense. (Ord. 10-110 § 1 (Exh. A)).

Article II. Permits, Traffic Control and Restoration

12.04.220 Permit – Required.

It is unlawful for any person to open, cut, disturb, excavate, or cause to be opened, cut, disturbed or excavated any of the streets, curbs, alleys, sidewalks, or areas within the right-of-way of the streets and alleys of the city, without first having obtained a permit, in writing, from the city clerk, as provided in this article. (Ord. 10-110 § 1 (Exh. A)).

12.04.230 Permit – Fee.

The fee for such permit shall be in the sum of $25.00 for any opening, cutting, disturbing or excavating within the right-of-way of the streets, sidewalks or alleys of the city. In addition thereto, the person requesting the permit shall advise the city clerk at the time of requesting the permit of the number of lineal feet which the excavation or cut shall entail and the permittee shall have added to the $25.00 fee the sum of $0.50 for each lineal foot of cut, excavation or opening within the right-of-way. All fees shall be paid at the time of the request for the permit unless otherwise permitted under Article I of this chapter, as now constituted or hereafter amended, or as provided by other sections of this article, as now constituted or amended. (Ord. 10-110 § 1 (Exh. A)).

12.04.240 Permit – Contents.

The permit shall contain the name of the person for whom the permit is being requested, the address where the permit is to be utilized, the reason for the request for the permit, the date upon which work will commence, the date when the repair of the excavation shall be completed (which shall be the same date for the automatic termination of the permit’s validity), the name and address of the contractor who will be performing the excavation, the name and insurance policy number of the insurance as required under Article I of this chapter, as now constituted or hereafter amended, the name of the bonding company and the bond number as required in Article I, as now constituted or hereafter amended, and a contractual agreement by the permittee to hold the city harmless from any and all damage to any person or property arising out of the work authorized under the permit, and it shall contain an agreement by the permittee to repair and replace the surface so opened, cut, disturbed or excavated to its original condition and to guarantee and agree to maintain said repair until such time as the surface has been repaved, replaced or further disturbed by the city or its agents. (Ord. 10-110 § 1 (Exh. A)).

12.04.250 Notice required.

The permit required under RIMC 12.04.220 shall be applied for and obtained no less than 72 hours prior to the time of the commencement of the excavation. The permittee shall notify the chief of police no less than 48 hours prior to commencement of excavation so as to allow the chief of police to assist in the instigation of traffic control as required under Article I of this chapter, as now constituted or hereafter amended. (Ord. 10-110 § 1 (Exh. A)).

12.04.260 Traffic control.

The permittee shall comply with all requirements of the chief of police as to traffic regulations reasonably connected to the safety, health and well-being of vehicular and pedestrian traffic as made necessary during the time of the work. The permittee shall also comply with all requirements of Article I of this chapter, as now constituted or hereafter amended, in reference to traffic control. (Ord. 10-110 § 1 (Exh. A)).

12.04.270 Restoration.

A. Any person who has opened, cut, disturbed or excavated within a street, curb, alley, sidewalk, or other area within the right-of-way of the streets, curbs, alleys and sidewalks of the city shall restore the surface to the original condition as it was constituted prior to the excavation and said restoration shall be completed prior to the expiration of the permit as specified in RIMC 12.04.240.

B. The permittee shall maintain the surface of the street, curb, alley, sidewalk, or other property within the right-of-way which has been excavated under the terms of the permit issued hereunder until the permanent surface is replaced, and once the permanent surface has been replaced as required in Article I of this chapter, as now constituted or hereafter amended, until such time as the city or its agent resurfaces, repaves, or alters the conditions of the surface of the right-of-way where said excavation is altered by the city or its agents. (Ord. 10-110 § 1 (Exh. A)).

12.04.280 Petition for fee waiver.

A. Any permittee may petition, by written notice, the city council for the waiving of the fees called for under RIMC 12.04.230. The petition shall set forth the name, address, telephone number of the permittee and the specific reasons why the permittee feels that the fees called for under RIMC 12.04.230 should be waived. The petition shall be directed to the city clerk, who shall then place it on the agenda for the next regularly scheduled council meeting.

B. Upon being duly and regularly scheduled for public hearing, the city council shall consider the request of the permittee and shall question the permittee as to the details of his petition. If the city council determines that further hearings are necessary, they shall schedule a further hearing and give notice to the permittee and all persons who may have an interest in said petition and shall publish notice of the meeting at least once in a newspaper of general circulation, not less than five days prior to the date set for said hearing.

C. The city council shall have the authority to waive the fees required under RIMC 12.04.230 if it finds that it would be in the interest of the city; provided, however, that the permittee must be able to show to the city council that he will bestow benefits upon the city which would be greater than the funds derived from the fees required under RIMC 12.04.230. The benefits shall not necessarily be in a monetary amount; however, they shall be benefits which the council can readily determine will benefit the city in a manner which would make it justifiable to waive said fees. Benefits which may be derived by the city would be in the manner of having the permittee pave portions of the street which would not be otherwise paved by the city, however, which are in need of repairs; the repairing of other facilities of the city which would not otherwise derive repair; the acquiring by the city of materials, supplies or equipment which it would not otherwise obtain except by the waiving of said fees and which it would not otherwise be able to purchase due to lack of funds. The delineated examples are not to be all-inclusive nor are they to be the sole basis for the waiving of the fees.

D. If the council determines that the fees required under RIMC 12.04.230 should be waived upon proper application by the permittee, then it shall set forth in writing its reasons for waiving of the fees and all of the conditions which the permittee must meet for the fees to be waived. The written findings and conditions shall be kept on file with the city clerk. (Ord. 10-110 § 1 (Exh. A)).

12.04.290 Waiver violation – Penalty.

If, after having waived the fees required under RIMC 12.04.230, the permittee fails to provide the benefits promised in the petition, then the city shall immediately demand payment of the fees called for under RIMC 12.04.230, plus penalty assessments of 20 percent of the required fee. If the permittee does not remit full payment, including penalty, within five days after receiving notice, which shall be sent to him, return receipt requested, by the U.S. mail, then he shall be subject to criminal penalties and shall have committed a misdemeanor. The penalty for said misdemeanor shall be a fine in the sum of $500.00. Each and every day in which the required fees, plus penalties, are not paid past the fifth day shall be a separate and additional misdemeanor violation and shall subject the permit-tee to a fine of $500.00 for each separate violation. (Ord. 10-110 § 1 (Exh. A)).

12.04.300 Violation – Penalty.

Any person, corporation, individual, association or permittee violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction in the municipal court for the city be punished by a fine not to exceed $500.00. Each day in which the provisions of this article are violated shall be punishable as such by a fine of not to exceed $500.00 for each separate violation. (Ord. 10-110 § 1 (Exh. A)).