Chapter 11.10 RIGHT-OF-WAY USE CODE

It is the purpose of this chapter to provide for the issuance of right-of-way use permits in order to regulate activities within rights-of-way in the City in the interest of public health, safety, and welfare; and to provide for the fees, charges, security devices, and procedures required to administer the permit process, to include the following specific purposes.

A. This chapter is enacted to protect and preserve the public health, safety, and welfare. The provisions hereof shall be liberally construed for the accomplishment of these purposes.

B. This chapter and any procedures adopted hereunder shall not create or otherwise establish or designate a particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter or procedures adopted under this chapter.

C. This chapter and procedures adopted hereunder shall place the obligation of complying with the requirements of this chapter and said procedures upon the permittee, and no provision shall impose any duty upon the City, or any of its officers, employees, or agents. Nothing contained in this chapter or procedures adopted under this chapter shall be construed to create or form the basis for liability on the part of the City or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted under this chapter by the City, its officers, employees, or agents. (Ord. 96-1022 § 3)

11.10.040 Territorial application.

This chapter and the procedures adopted under this chapter shall be in effect throughout the City, and shall include City streets designated as parts of the State highway system, but shall not include fully controlled limited access highways. (Ord. 96-1022 § 3)

11.10.050 Definitions.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

A. “Citation and notice” means a written document initiating a criminal proceeding issued by an authorized peace officer in accordance with the Criminal Rules for Courts of Limited Jurisdiction.

B. “Department” means the Department of Community and Economic Development.

C. “Directive memorandum” means a letter from the City to a right-of-way use permittee, notifying the recipient of specific nonconforming or unsafe conditions and specifying the date by which corrective action must be taken.

D. “Director” means the Director of the Department of Community and Economic Development.

E. “Expressive activity” means the conduct of activity for which the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political or religious opinion, views, or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. For purposes of this chapter, expressive activity also includes activities related to freedom of the press, including but not limited to press conferences and press coverage of breaking news. For purposes of this chapter, expressive activity does not include fairs, festivals, concerts, performances, athletic events, fundraising events, commercial advertising, or events the principal purpose of which is entertainment.

F. “Franchised utilities” means utilities that have City approval to use City rights-of-way for the purpose of providing their services within the City, whether by written franchise or otherwise.

G. “Hazardous waste” includes any and all such materials as defined by RCW 43.200.015 (radioactive wastes) and RCW 70.105.010(5), (6) and (15) (other hazardous wastes).

H. “Nonprofit” means for charitable purposes and not for monetary gain.

I. “Notice of violation” means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition.

J. “One-way trip” means a construction activity related truck trip, whether loaded or empty, engaged in a qualifying material haul that passes a single point in a single direction on a haul route segment. Each passage of the single point in a single direction constitutes a single one-way trip.

K. “Permit” means a document issued by the City granting permission to engage in an activity not allowed without a permit.

L. “Private use” means use of the public right-of-way, other than as a thoroughfare for ordinary transit of vehicles, pedestrians, or equestrians, for the benefit of a particular person or entity.

M. “Qualifying material” means construction materials to include but not be limited to soil, concrete, gravel, building materials and asphalt.

N. “Right-of-way” means all public streets, alleys, and property granted or reserved for, or dedicated to, public use for streets and alleys, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, trails, shoulders, drainage facilities, bike ways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto.

O. “Security device” means any and all types of bonds, deeds of trust, security agreements, or other similar instruments.

P. “Stop work notice” means a notice posted at the site of an activity that requires all work to be stopped until the City approves continuation of work.

Q. “Underground location service” means the underground utilities location center that will locate all underground utilities prior to an excavation.

R. “Unsafe condition” means any condition which the Director reasonably determines is a hazard to health, or endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. (Ord. 20-1003 § 1: Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.060 Powers of the Director.

The Director, under the authority of the City Manager, shall have the following powers:

A. Prepare and adopt procedures as needed to implement this chapter and to carry out the responsibilities of the Department. Such procedures do not require approval of the City Council to be initially implemented, however, the Council may take Council action directing that procedures, guidelines, fees, or other aspects of the permitting system be amended or modified to the satisfaction of the Council;

B. Administer and coordinate the enforcement of this chapter and all procedures adopted under this chapter relating to the use of rights-of-way;

C. Advise the City Council, City Manager, and other City departments on matters relating to applications for use of rights-of-way;

D. Carry out such other responsibilities as required by this chapter or other codes, ordinances, resolutions, or procedures of the City;

E. Request the assistance of other City departments to administer and enforce this chapter, as necessary;

F. Assign the responsibility for interpretation and application of specified procedures to such designees as may be deemed appropriate. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.070 Permit requirements.

A. It is unlawful for anyone to make private use of any public right-of-way without a right-of-way use permit issued by the City, or to use any right-of-way without complying with all provisions of a permit issued by the City, unless such private use falls within the designated exceptions set forth in this chapter.

B. General and specific permit requirements are defined in the procedures referenced in this chapter.

C. Additional permits for any use may be required by other City codes or ordinances. The City does not waive its right to any right-of-way by issuance of any permit. (Ord. 96-1022 § 3)

11.10.080 Right-of-way use permits.

The following classes of right-of-way use permits are hereby established.

A. Class A and B – Short-Term.

1. Class A and B permits may be issued for use of a right-of-way for seventy-two (72) or less continuous hours for the purposes which do not involve the physical disturbance of the right-of-way. These classes of use may involve disruption of pedestrian and vehicular traffic or access to private property and may require inspections, cleanup, and police surveillance. For periods longer than seventy-two (72) hours, these uses will be considered Class D, long-term and permanent.

2. Class A permits include but are not limited to the following:

a. Assemblies;

b. Bicycle races;

c. Block parties;

d. Parades;

e. Parking;

f. Processions;

g. Nonmotorized vehicle races;

h. Street dances;

i. Street runs and walks.

3. Class B permits include but are not limited to the following:

a. Fairs;

b. House or other large structure moves other than those which require a Class E permit;

c. Temporary sale of goods;

d. Temporary street closures.

B. Class C – Disturbance of City Right-of-Way.

1. Class C permits may be issued for use of a right-of-way, for a period not in excess of one hundred eighty (180) days, for activities that may alter the appearance of or disturb the surface or subsurface of the right-of-way on a temporary or permanent basis. For those projects associated with a building permit, Class C permit duration may be extended by the Director or designee to a maximum of two years in order to match building permit duration.

2. Class C permits include but are not limited to:

a. Boring;

b. Culverts;

c. Curb cuts;

d. Paving;

e. Drainage facilities;

f. Driveways;

g. Fences;

h. Landscaping;

i. Maintaining or removing street trees;

j. Painting;

k. Sidewalks;

l. Street trenching.

C. Class D – Long-Term and Permanent.

1. Class D permits may be issued for use of a right-of-way, for a period not in excess of one hundred eighty (180) days, for activities for extended periods of time but which will not physically disturb the right-of-way.

2. The use of a right-of-way for structures, facilities, and uses that involve capital expenditures and long-term commitments of use require this type of permit.

3. Class D permits include but are not limited to:

a. Air rights and aerial facilities;

b. Bus shelters and stops;

c. Access to construction sites and haul roads;

d. Loading zones;

e. Newspaper sale, distribution, and storage facilities;

f. Recycling facilities;

g. Sales structures;

h. Sidewalk cafes;

i. Special and unique structures, such as: awnings, benches, clocks, decorations, flagpoles, fountains, kiosks, marquees, private banners, public mailboxes, and street furniture;

j. Underground rights;

k. Utility facilities;

l. Waste facilities.

D. Class E – Potential Disturbance of City Right-of-Way.

1. Class E permits may be issued for use of a right-of-way, for a period not in excess of one hundred eighty (180) days or as specified on the permit by the Director or designee, for those activities that have the potential of altering the appearance of or disturbing the surface or subsurface of the right-of-way on a temporary or permanent basis.

2. Class E permits include but are not limited to:

a. Frequent use hauling involving an average of six (6) vehicles per hour during any eight (8) hour period in one (1) day, for two (2) or more consecutive days;

b. Any hazardous waste hauling.

3. Class E permits may be issued to a general contractor to authorize construction, excavation and fill hauling activities by the said general contractor and by subcontractors.

4. Access Routes and Hours. All hauls in excess of fifty thousand (50,000) CY or hauling more than one hundred (100) working days will be required to use the following routes. The following roadways are limited for use as haul routes and the maximum number of one-way trips per hour is identified by time of day.

Roadway Segments and Hours	Maximum One-Way Trips
a. South 188th Street, West of Tunnel
6:00 a.m. – 8:00 a.m.	45
8:00 a.m. – 3:30 p.m.	45
3:30 p.m. – 5:30 p.m.	45 westbound
3:30 p.m. – 5:30 p.m.	18 eastbound with no lane closure allowed
5:30 p.m. – 6:00 a.m.	45
b. South 188th Street, between SR99 and Tunnel
6:00 a.m. – 8:00 a.m.	18
8:00 a.m. – 3:30 p.m.	30
3:30 p.m. – 5:30 p.m.	18 with no lane closure allowed
5:30 p.m. – 6:00 a.m.	30
c. South 188th Street, East of SR99
6:00 a.m. – 8:00 a.m.	6
8:00 a.m. – 3:30 p.m.	12
3:30 p.m. – 5:30 p.m.	6 with no lane closure allowed
5:30 p.m. – 6:00 a.m.	6
d. International Blvd. (SR99), South of South 188th Street
6:00 a.m. – 8:00 a.m.	6
8:00 a.m. – 3:30 p.m.	12
3:30 p.m. – 5:30 p.m.	6 with no lane closure allowed
5:30 p.m. – 6:00 a.m.	12
e. International Blvd. (SR99), North of South 188th Street
6:00 a.m. – 8:00 a.m.	6
8:00 a.m. – 3:30 p.m.	6
3:30 p.m. – 5:30 p.m.	6 with no lane closure allowed
5:30 p.m. – 6:00 a.m.	12

5. Work Hour Limitations. Any hauling operation within the following hours will require a noise variance application submittal and approval from the Department prior to implementation:

10:00 p.m. to 7:00 a.m.	Monday to Friday
10:00 p.m. to 9:00 a.m.	Saturday and Sunday

(Ord. 16-1021 § 1 (Appx. A) (part): Ord. 15-1014 § 1 (part): Ord. 96-1031 § 1; Ord. 96-1022 § 3)

11.10.090 Application and processing of permits.

A. To obtain a right-of-way use permit the applicant shall file an application with the Department.

B. Every application shall include the location of the proposed right-of-way use, a description of the use, the planned duration of the use, applicant contact information, and all other information which may be required as specified in the procedures adopted under this chapter, and shall be accompanied by payment of the required fees.

C. All Class E applications shall also include numbers and sizes of hauling trucks (single or double beds).

D. The Director or designee shall examine each application submitted for review and approval to determine if it complies with the applicable provisions of this chapter and procedures adopted under this chapter. Other departments that have authority over the proposed use or activity may be requested to review and approve or disapprove the application. The Director or designee may inspect the right-of-way proposed for use to determine any facts which may aid in determining whether a permit should be granted. If the Director or designee finds that the application conforms to the requirements of this chapter and procedures adopted under this chapter that the proposed use of such right-of-way will not unduly interfere with the rights and safety of the public, and if the application has not been disapproved by a department with authority, the Director or designee shall approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use.

E. All applications for permits will be submitted at least fifteen (15) days before the planned need for the permit, or such greater period as may be reasonably required by the Director or designee. If unforeseen conditions require expedited processing the City will attempt to cooperate, but additional fees to cover additional costs to the City may be charged.

F. Notwithstanding subsection (E) of this section, an application for a permit to conduct an expressive activity shall be submitted at least seventy-two (72) business hours in advance of the proposed event, unless good cause exists for a shorter time period. Additionally, if a permit request is due to a spontaneous event occasioned by news or affairs coming into public knowledge within forty-eight (48) hours, the applicant shall make application to the City at least twenty-four (24) hours in advance, or as soon as practicable prior to such event.

G. Upon submittal of a completed application, the Department shall collect from the applicant an application fee as provided in SMC 11.10.100(A). (Ord. 20-1003 § 2: Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.100 Permit fees and charges.

The fee for each permit shall be set forth in the City’s fee schedule.

A. Application Fee. A nonrefundable application fee shall be charged for each right-of-way use permit application that is accepted for processing, counter service, and recordkeeping.

B. Processing of Application Fee. A fee for the processing of applications may be charged. The amount of the fee shall be determined based upon the time and costs required to review, inspect, research, and coordinate the applicant’s data for each permit application. The processing fee may be different depending upon the class of right-of-way use permit involved. However, this fee shall not be charged for Class A or Class B permit applications for expressive activities.

C. Daily Use Fee. Permits may include a fee for each day (or part thereof) for use of the right-of-way. The fee will compensate the City for monitoring and inspecting the site or activity. The daily use fee may be different depending upon the class of right-of-way use permit involved. A minimum of one (1) daily use fee per day will be charged for all Class E permit applications. This fee is in addition to reimbursement of actual expenses (subsection (D) of this section) and/or repair and replacement charges (subsection (E) of this section). However, this fee shall not be charged for Class A or Class B permit applications for expressive activities.

D. Reimbursement of Actual Expenses. When a permit is issued, the City will impose a charge based on the actual cost to compensate for its time and expenses. These costs may include street crews, signal crews, and police, if required to assist in the activity. A refundable deposit or other security device may also be required. Costs of damage to City property, or expense of assistance by City employees, may be deducted from the deposit, charged against the security device, or billed to the permittee directly. However, cost recovery shall be subject to the limitations set forth in SMC 11.10.105(A)(3) with respect to Class A or Class B permits issued for expressive activities.

E. Repair and Replacement Charges. If the City should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement shall be charged to the permittee. These charges will be for the actual costs to the City. All hauls in excess of fifty thousand (50,000) CY or hauling for more than one hundred (100) working days will require a walk-through and inspection by Department staff of the haul route prior to approval and issuance of the permit. A final walk-through upon completion of the hauling operation is also required. A comparison of pre- and post-haul route conditions will be performed to determine the extent of damage to City streets and right-of-way. The permittee (contractor and/or the owner) will be responsible for all costs associated with clean up, repair and reconstruction to bring the City streets and right-of-way to the pre-haul conditions or better.

F. Utilities. Utilities shall be charged at an hourly rate for City inspections and other services pursuant to the adopted fee schedule.

G. Waiver of Fees. Franchised utilities which must apply for permits because of City-initiated construction projects may be granted a waiver by the Director of normal permit fees. This provision shall only apply to work that would not normally have been done by the utility. (Ord. 20-1003 § 3: Ord. 15-1014 § 1 (part): Ord. 96-1031 § 2: Ord. 96-1022 § 3)

11.10.105 Permits for expressive activities.

A. When a Class A or Class B permit is sought for an expressive activity the following provisions shall apply:

1. Where the expressive activity will not require street closures, cost recovery shall be limited solely to a nonrefundable application fee pursuant to SMC 11.10.100(A).

2. The deposit, security device, and insurance requirement of SMC 11.10.150 shall be waived, provided that the applicant has filed with the application a verified statement that he or she intends the purpose of the activity to be an expressive activity.

3. Where the expressive activity will require temporary street closures requiring the City to provide services in the interests of public health, safety, and welfare, the Director or designee may condition the issuance of the permit upon an agreement to pay actual direct costs incurred by the City to a maximum of five hundred dollars ($500.00), which will be waived if the applicant provides evidence of an inability to pay.

4. Where a permit is requested for an expressive activity, the permit shall presumptively issue except that the City may deny a Class A or Class B permit for an expressive activity if the Director or designee makes written findings explaining how any of the following conditions will exist and cannot be reasonably accommodated:

a. The expressive activity will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route; or

b. The expressive activity will cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility; or

c. The expressive activity will block traffic lanes or close streets during peak commute hours on weekdays between 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 7:00 p.m. on streets classified as principal arterials or minor arterials by the City’s Public Works Department; or

d. The expressive activity will result in the concentration of persons, animals, or vehicles that will unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets; or

e. The expressive activity will substantially interfere with another activity or event for which a permit has already been granted or with the provision of City services in support of other scheduled activities or events; or

f. The expressive activity will have significant safety impact upon residential or business access and traffic circulation.

5. With regard to the permitting of expressive activities where the provisions in this section conflict with the provisions in any other section of this chapter, the provisions of this section shall prevail. (Ord. 20-1003 § 4)

11.10.110 Specifications.

All work to be performed under any permit issued under this chapter shall conform to all City codes or ordinances, the current development standards of the Department, and all other standards used by the City in the administration of this chapter. (Ord. 96-1022 § 3)

11.10.120 Permit exception.

The following exceptions shall be authorized.

A. A right-of-way use permit shall not be required of franchised utilities or City contractors when responding to emergencies that require work in the right-of-way, such as water or sewer main breaks, gas leaks, downed power lines, or similar emergencies; provided, that the Department shall be notified by the responding utility or City contractor verbally or in writing, as soon as practicable following onset of an emergency. Nothing in this chapter shall relieve a responding utility or City contractor from the requirement to obtain a right-of-way use permit after beginning emergency work in the right-of-way.

B. A right-of-way use permit shall not be required for routine maintenance and construction work performed by City utilities and City maintenance crews, or contractors awarded contracts to perform public works projects.

C. Permits under this chapter shall not be required for persons using the right-of-way as pedestrians or while operating vehicles for routine purposes such as travel, commuting, or other personal business. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.130 Revocation of permits.

A. The Director or designee may revoke or suspend any permit issued under this chapter whenever:

1. The work does not proceed in accordance with the plans as approved, or 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;

3. The permittee has misrepresented a material fact in applying for a permit;

4. The progress of the approved activity indicates that it is, or will be, inadequate to protect the public and adjoining property or the street or utilities in the street, or if any excavation or fill endangers, or appears reasonably likely to endanger, the public, the adjoining property or street, or utilities in the street.

B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized by the Director or designee.

C. Continued activity following revocation or suspension under this section shall subject each and every violator to the maximum penalties provided by this chapter. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.140 Renewal of permits.

Each permit shall be of a duration as specified on the permit. A permit may be renewed, if requested by the permittee before expiration of the permit; provided, however, that the use or activity is progressing in a satisfactory manner as reasonably determined by the Director or designee. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.150 Performance deposits, security devices, and insurance.

A. If the Director or designee determines that there is a potential for injury, damage, or expense to the City as a result of damage to persons or property arising from an applicant’s proposed use of any right-of-way, the applicant shall be required to make a cash deposit, or to provide a security device or insurance in a form acceptable to the Director or designee for the activities described in the subject permit. The amount of the deposit, security device, or insurance shall be determined by the Director or designee. However, this section shall not apply for Class A or Class B permit applications for expressive activities.

B. The requirements for performance deposits, security devices, and insurance are based on considerations of permittee’s prior performance, permittee’s ability to pay, nature of the proposed use, costs of the activity, length of use, public safety, potential damage to right-of-way, and potential liability or expense to the City. (Ord. 20-1003 § 5: Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.160 Hold harmless.

As a condition to the issuance of any permit under this chapter, the permittee shall agree to defend, indemnify, and hold harmless the City, its officers, employees, and agents, from any and all suits, claims, or liabilities caused by or arising out of any use authorized by any such permit. (Ord. 96-1022 § 3)

11.10.170 Guarantee.

When there is a need to ensure conformance with the City’s development standards, City or State construction standards, or other requirements, the applicant shall be required to provide a guarantee of workmanship and materials for the period of one (1) year. Such guarantee may be in the form of a cash deposit or a security device in a form and amount approved by the Director or designee. Notwithstanding the foregoing, utilities shall guarantee workmanship and materials until the next regularly scheduled overlay of the street. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.180 Inspections.

As a condition of issuance of any permit or authorization which requires approval of the department, each applicant shall be required to consent to inspections by the Department or any other appropriate City department. (Ord. 96-1022 § 3)

11.10.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

A. Whenever the Director or designee determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to any provision of, this chapter or procedures adopted under this chapter or other applicable codes or standards, or without a right-of-way use permit, the Director or designee may order the correction or discontinuance of such condition or any activity causing such condition.

B. The Director or designee is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this chapter.

C. The Director or designee shall also have all powers and remedies which may be available under State law, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any condition specified in this section.

D. The Director or designee is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the Director or designee determines appropriate:

1. Service of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition;

2. Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within five (5) days of notice, or such other reasonable period as the Director or designee may determine;

3. Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with requirements imposed or notices served;

4. Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work;

5. Service of summons and complaint or service of a citation and notice to appear by a law enforcement officer upon the permittee or other responsible person who is in violation of this chapter or other City ordinances.

E. Any object which shall occupy any right-of-way without a permit is a nuisance. The Department may attach a notice to any such object stating that if it is not removed from the right-of-way within twenty-four (24) hours of the date and time stated on the notice, the object may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. This section shall not apply to motor vehicles.

F. All expenses incurred by the City in abating any violation or condition shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the object or who placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt.

G. The City shall also have all powers and remedies which may be available under law or ordinance, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any conditions specified by the City. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.200 Warning and safety devices.

A. Warning lights, safety devices, signs, and barricades shall be provided on all rights-of-way when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted in such manner as to indicate plainly the danger involved. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the Department.

B. As a condition of the issuance of any right-of-way use permit, the Director or designee may require an applicant to submit a traffic detour plan showing the proposed detour routing and location and type of warning lights, safety devices, signs, and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required, no work under the permit shall commence until the traffic plan is approved.

C. Unless otherwise specified in adopted right-of-way use procedures, the current editions of the following standards manuals shall apply to the selection, location, and installation of required warning and safety devices; provided, that the Director or designee may impose additional requirements if site conditions warrant such enhanced protection of pedestrian or vehicular traffic:

1. Manual of Uniform Traffic Control Devices for Streets and Highways;

2. Development Standards of the Department of Public Works;

3. Chapter 33, Safeguards during construction, International Building Code.

D. Any right-of-way use permit that requires a partial lane or street closure may require a certified flagperson, properly attired, or an off-duty police officer for the purpose of traffic control during the construction.

E. All decisions of the Director or designee shall be final in all matters pertaining to the number, type, locations, installation, and maintenance of warning and safety devices in the public right-of-way during any actual work or activity for which a duly authorized right-of-way use permit has been issued.

F. Any failure of a permit holder to comply with the oral or written directives of the Director or designee related to the number, type, location, installation, or maintenance of warning and safety devices in the public right-of-way shall be cause for correction or discontinuance as provided in this chapter. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.210 Protection of adjoining property and access.

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. (Ord. 96-1022 § 3)

11.10.220 Preservation of monuments.

The permittee shall not disturb any survey monuments or markers found on the line of excavation work until ordered to do so by the Director or designee. All street monuments, property corners, bench marks, and other monuments disturbed during the progress of the work shall be replaced by a licensed surveyor, at the expense of the permittee, to the satisfaction of the Director or designee. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.230 Protection from pollution and noise.

The permittee shall comply with all State laws, City ordinances, and the procedures adopted hereunder by the Director to protect from air and water pollution and to protect from excessive noise. The permittee shall provide for the flow of all watercourses, sewers, or drains intercepted during the excavation work and shall replace the same in as good condition as the permittee found them, or shall make such provisions for them as the Director or designee 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, muck, silt, clickings, or other runoff pumped from excavations or resulting from sluicing or other operations, and shall be responsible for any damage resulting from permittee’s failure to so provide. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.240 Excavated material.

All excavated material which is piled adjacent to any excavation shall be maintained in such manner so as not to endanger those working in the excavation or pedestrians or users of the right-of-way. When the confines of the area being excavated are too small to permit the piling of excavated material beside the excavation, the Director or designee shall have the authority to require the permittee to haul the excavated material to a storage site and then rehaul it to the excavation at the time of backfilling. It is the responsibility of the permittee to secure the necessary permission and make all necessary arrangements for any required storage and disposal of excavated material. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.250 Backfilling.

Backfilling in a right-of-way opened or excavated pursuant to a permit issued under the provisions of this chapter shall be compacted to a degree equivalent to that of the undisturbed ground in which the excavation was begun, unless the Director or designee determines a greater degree of compaction is necessary to produce a satisfactory result. All backfilling shall be accomplished according to City standards and specifications. If trenching or backfilling will be performed in areas where infiltration BMPs or vegetated LID BMPs exist, deviation from the City standards and specifications for compaction requirements may be allowed. All backfills shall be inspected and approved by the Director or designee prior to any overlaying or patching. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.260 Right-of-way restoration.

A. Cutting and/or excavation of a City roadway, alley, or access drive pavement is not permitted within the first five (5) years of construction or rehabilitation of the subject roadway, alley, or access drive pavement. A waiver to permit cutting and/or excavation of pavement within this five (5) year moratorium may be granted subject to approval by the Director of Public Works or designee. Approval of a waiver allows for the pavement be cut/excavated subject to the following restoration conditions:

1. The cut/excavation is to be repaired as specified in the City of SeaTac Public Works Engineering Division current adopted standard pavement restoration detail.

2. In addition to subsection (A)(1) of this section, the existing pavement on either side of the cut/excavation repair shall be planed/milled down a minimum of two (2) inches throughout the full width of the pavement and for a minimum longitudinal distance of fifteen (15) feet in each direction, along roadway centerline. This area, which includes the cut/excavated repair area, shall then be overlaid with asphalt/concrete to transition to the adjacent existing pavement.

3. If the roadway, alley or access drive is constructed of concrete panels, the restoration shall include replacement of each panel disturbed by the work, to the nearest existing joint.

B. Permanent restoration of the right-of-way shall be made by the permittee in strict accordance with the standards and specifications of the City. Permanent restoration may include overlays of portions of the right-of-way which have been disrupted by excavation work.

C. The permittee shall guarantee conformance with the City’s development standards and specifications as provided at SMC 11.10.170. Acceptance of any excavation work or right-of-way restoration shall not prevent the City from asserting a claim against the permittee and permittee’s surety under the security device required by this chapter for incomplete or defective work, if such is discovered within the period of guarantee and maintenance. The presence of the Director, or designee, during the performance of any excavation work shall not relieve the permittee of any responsibility under this chapter. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.270 Coordination of right-of-way construction.

The permittee, at the time of receiving a Class C right-of-way use permit, shall notify all other public and private utilities known to be using or proposing to use the same right-of-way of the applicant’s proposed construction and the proposed timing of such construction. A utility so notified may, within seven (7) days of such notification, request of the Director or designee a delay in the commencement of any proposed construction for the purpose of coordinating other right-of-way construction with that proposed by the permittee. The Director or designee may delay the commencement date of the permittee’s right-of-way construction for up to ninety (90) days, except in emergencies, if the Director or designee finds that such delay will reduce inconvenience to City right-of-way uses and if the Director or designee finds that from construction activities such delay will not create undue economic hardship on the applicant. The permittee must document and restore all paved areas and stormwater facilities, including permeable pavement. (Ord. 16-1021 § 1 (Appx. A) (part): Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.280 Billings and collections.

The Director, jointly with the Finance Director, may establish administrative rules and procedures pertaining to the billing and collection of fees and charges adopted pursuant to this chapter. However, all fees shall be paid not later than thirty (30) days following receipt of a billing statement from the City. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.290 Appeals.

A decision of the Director made in accordance with this chapter shall be considered a final administrative decision. A person aggrieved by such decision of the Director may appeal such decision to the Hearing Examiner in accordance with the Hearing Examiner Code by filing a written notice of appeal, together with the required filing fee, within ten (10) days of such decision. (Ord. 15-1014 § 1 (part): Ord. 96-1022 § 3)

11.10.300 Violation – Penalty.

Any person or entity who violates any provision of this chapter, or the provisions of any procedures adopted hereunder, by any act of commission or omission, or who aids or abets any such violation, shall be subject to code enforcement action and a civil penalty as set forth in Chapter 1.15 SMC. Each and every day, or portion thereof, during which any violation is committed or continued shall be deemed a separate and distinct violation of this chapter. (Ord. 01-1006 § 6: Ord. 96-1022 § 3)