Chapter 11.12
CONSTRUCTION STANDARDS
Sections:
11.12.010 General construction standards.
11.12.030 Construction permits and use permits.
11.12.050 Engineer’s certification.
11.12.060 Traffic control plans.
11.12.065 Scheduling and coordination of work.
11.12.070 Issuance of use permit.
11.12.080 Appeal of director’s decision.
11.12.090 Compliance with use permit.
11.12.100 Display of use permit.
11.12.110 Survey of underground facilities.
11.12.130 Completion of construction.
11.12.150 Restoration after construction.
11.12.160 Landscape restoration.
11.12.170 Construction surety.
11.12.190 Responsibilities of the owner.
11.12.010 General construction standards.
Notwithstanding any provision of TMC Chapter 12.16, no person or service provider shall commence or continue with the construction, installation, maintenance, or repair of facilities within rights-of-way or upon city-owned property, except as provided in this chapter.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 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 therefor, including those required by TMC Chapter 12.16;
B. No use permit shall be issued for the construction or installation of facilities within the city unless the service provider has filed an application for a business license pursuant to TMC Chapter 5.04;
C. No use permit shall be issued for the construction or installation of facilities in the right-of-way unless the service provider has applied for and received a master permit, franchise, or other authorization pursuant to this title and applicable law; 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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.040 Applications.
Applications for use permits to construct facilities shall be submitted to the director upon forms to be provided by the city and shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:
A. That the facilities will be constructed in accordance with all applicable codes, rules, and regulations;
B. The location and route of all facilities to be installed on existing utility poles;
C. The location, route, and configuration of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the right-of-way;
D. The location of all existing underground utilities, conduits, ducts, pipes, mains, and installations, which are within the right-of-way along the underground route proposed by the applicant;
E. The location of all other facilities to be constructed within the city, but not within the right-of-way;
F. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way;
G. The location, dimension, and types of all trees within or adjacent to the right-of-way along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing, and restoring any trees or areas to be disturbed during construction;
H. Proposed construction schedule and work hours; and
I. The location of all survey monuments, which may be displaced or disturbed by the proposed construction.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.050 Engineer’s certification.
Where required by the director, use permit applications shall be accompanied by drawings, plans, and specifications bearing the certification of a registered professional engineer.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.060 Traffic control plans.
All use permit applications, which involve work on, in, under, across, or along any right-of-way, shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.065 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 city clerk within the past twelve months of their intent to place facilities in the city. 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 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 right-of-way or to adversely affect the public health, safety, and welfare.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Added, 04/03/2001)
11.12.070 Issuance of use permit.
After submission of all plans and documents required of the applicant and payment of the permit fees required by this chapter, the director, if satisfied that the applications, plans, and documents comply with all requirements of this title, shall issue a use permit authorizing construction of the facilities, subject to such further conditions, restrictions, or regulations affecting the time, place, and manner of performing the work as he or she may deem necessary or appropriate.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.080 Appeal of director’s decision.
Any person aggrieved by the granting or denying of a use permit pursuant to this chapter shall have the right to appeal to the hearing examiner as follows:
A. All appeals filed pursuant to this section must be filed in writing with the city clerk within ten working days of the date of the decision appealed from;
B. All appeals filed pursuant to this section shall specify the error of law or fact, or new evidence, which could not have been reasonably available at the time of the director’s decision, which shall constitute the basis of the appeal;
C. Upon receipt of a timely written notice of appeal, the city clerk shall forward the appeal to the hearing examiner as provided in TMC Chapter 2.58;
D. Unless substantial relevant information is presented which was not considered by the director, such decision shall be accorded substantial weight, but may be reversed or modified by the hearing examiner if, after considering all of the evidence in light of the applicable goals, policies, and provisions of this chapter, the hearing examiner determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the hearing examiner shall make their decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the director in light of the additional information; and
E. Appeals of the hearing examiner’s decision shall be final unless appealed to the city council pursuant to TMC 2.58.150. City council consideration of such appeals and subsequent appeals to court shall follow the procedures set forth in TMC 2.58.160, 2.58.170 and 2.58.180.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-021, Added, 07/21/1998)
11.12.090 Compliance with use permit.
All construction practices and activities shall be in accordance with the use permit and approved final plans and specifications for the facilities. The director and his or her representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-021, Added, 07/21/1998)
11.12.100 Display of use permit.
The permittee shall maintain a copy of the use permit and approved plans at the construction site, which shall be displayed and made available for inspection by the director or his or her representatives at all times when construction work is occurring.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-021, Added, 07/21/1998)
11.12.110 Survey of underground facilities.
If the use permit specifies the location of facilities by depth, line, grade, proximity to other facilities, or other standard, the permittee shall cause the location of such facilities to be verified by a state-registered land surveyor. The permittee may be required to relocate any facilities, which are not located in compliance with permit requirements.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-021, Added, 07/21/1998)
11.12.120 Noncomplying work.
Upon order of the director, all work which does not comply with the use permit, the approved plans, and specifications for the work, or the requirements of this chapter, shall be remedied or removed.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O97-021, Added, 07/21/1998)
11.12.130 Completion of construction.
The permittee shall promptly complete all construction activities so as to minimize disruption of the right-of-way and other ways and other public and private property. All construction work authorized by a use permit within rights-of-way and other ways, including restoration, must be completed within one hundred twenty days of the date of issuance.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.140 As-built drawings.
Within sixty days after completion of construction, the permittee shall furnish the city with two complete sets of plans, drawn to scale and certified to the city as accurately depicting the horizontal and vertical location and configuration of all facilities constructed pursuant to the use permit. The director shall have the discretion to prescribe the format and/or media of said as-built drawings, consistent with city codes and policies.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.150 Restoration after construction.
Upon completion of any construction, maintenance, or repair work, the permittee shall promptly repair any and all public and private property improvements, fixtures, structures, and facilities in the right-of-way or other ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. All survey monuments disturbed or displaced shall be referenced and replaced as required by Chapter 332-120 WAC and city policy. The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. The director shall have final approval of the completeness of all restoration work and all permittees shall warrant said restoration work for a period of one year.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.160 Landscape restoration.
A. All trees, landscaping, and grounds removed, damaged, or disturbed as a result of the construction, installation maintenance, repair, or replacement of facilities, whether such work is done pursuant to a master permit, use permit, lease, or license shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
B. All landscape restoration work within the right-of-way shall be done in accordance with landscape plans approved by the director.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.170 Construction surety.
Prior to issuance of a use permit, the permittee shall provide a performance bond, as provided in TMC Title 12.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O97-021, Added, 07/21/1998)
11.12.180 Exceptions.
Unless otherwise provided in an authorization, master permit, lease, or license agreement, all cable operators and service providers are subject to the requirements of this chapter.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.12.190 Responsibilities of the owner.
The owner of the facilities to be constructed and, if different, the grantee, master permittee, lessee, or licensee, are responsible for performance of and compliance with all provisions of this chapter.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)