Chapter 13.05 ADMINISTRATION

This title shall be known as the University Place Public Works Code, may be cited as such and will be referred to herein as “this code.” “This code” shall also include other provisions of the UPMC that are referenced herein.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.120 Purpose.

The purposes of this code are:

A. To establish standards for public and private improvements to real property;

B. To ensure reasonable and safe development of property;

C. To protect the health, safety, welfare and property of the public;

D. To establish street vacation procedures and to implement the City’s Comprehensive Plan.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.130 Scope.

This code establishes the standards for the construction, improvement and maintenance of transportation and storm drainage facilities, utilities, grading and clearing, emergency vehicle access, and related amenities, whether such activities occur in public rights-of-way or on private lands. Further, this code establishes procedures to administer these standards.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.140 Provisions of this title not exclusive.

Other provisions of this code apply to the development or improvement to real property. The provisions of this title are not exclusive.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article II. Definitions

13.05.210 General.

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter and elsewhere in this code where specific definitions are provided. The definition of any words not listed in this article shall have the meaning given in any other titles of the University Place Municipal Code (UPMC). Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Terms, phrases, and words used in the singular include the plural and the plural the singular. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.220 Definitions and terms.

As used in this chapter:

“Applicant” means the person or entity that applies for a permit or his duly authorized representative.

“Average daily traffic (ADT)” means the average number of vehicles passing a specified point during a 24-hour period. “Annual average daily traffic (AADT)” denotes that daily traffic that is averaged over one calendar year.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building code” means the building construction codes as adopted and amended by UPMC Title 14.

“City” means the City of University Place or its duly authorized representative.

“Clearing” means the cutting, moving on site, or removal of standing or fallen timber, the removal or moving of stumps on site; or the cutting or removal of brush, grass, ground cover, or other vegetative matter from a site in a way which exposes the earth’s surface of the site.

“Commercial driveway” means a driveway that is used to provide access to business, multifamily complexes, or nonresidential enterprises, including but not limited to sales, service, industry, churches or other quasi-public buildings.

“Critical area” means wetlands, flood hazard areas, fish and wildlife habitat areas, aquifer recharge areas, geologically hazardous areas and associated buffer areas.

“Development” means any manmade change to improved or unimproved real estate including but not limited to buildings or the structures, placement of manufactured home/mobile home, mining, dredging, clearing, filling, grading, stockpiling, paving, excavation, drilling or the subdivision of property.

“Director” means the City of University Place Director of Engineering or duly authorized representative.

“Drainage course” means the natural or constructed path of surface water.

“Driveway” means a vehicular access connecting a development to a street.

“Driveway approach” means that portion of a driveway located in the right-of-way.

“Easement” means a grant of an interest in land by the property owner for a specific use by another person, entity, or for the public in general.

“Emergency vehicle access” means an access way to real property for emergency vehicles.

“Engineer” means any Washington State licensed professional engineer.

“Engineer of record” means the licensed professional engineer designated by the applicant as the responsible engineer for the project.

“Facility” means a building or use in a fixed location.

“Grading” means any excavating or filling or combination thereof.

“Grubbing” means the digging up of unwanted vegetative matter from a site including but not limited to sod, stumps, roots, buried logs, or other debris. The action of grubbing exposes the surface of the earth such that it is susceptible to erosion.

“Horizon year” means the year in which future conditions are to be evaluated.

“Landslide and erosion hazard areas” means areas that are potentially subject to risk of mass movement or severe erosion due to a combination of geologic, topographic, and hydrologic factors.

“Level of service (LOS)” means a qualitative measure describing operational conditions within a traffic stream, based on service measures such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, and convenience.

“Major improvement” means all improvements to a structure (excluding normal maintenance and repair and life/safety improvements) which within a 12-month period exceeds a cumulative value of 25 percent of the assessed value of the structure. The value of the structure shall be conclusively determined from the current records of the Pierce County Assessor’s Office.

“Parcel” means any portion, piece, or division of land, fractional part or subdivision of block, according to plat or survey.

“Project” means a general term encompassing all phases of the work to be performed. A “project” is synonymous with “improvement” or “work.” A project may entail work on one or more parcels of land.

“Residential driveway” means a driveway that is used to provide access to a single-family residence.

“Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street and storm drainage purposes, walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, subsurface rights and easements related thereto.

“Sensitive areas” means critical areas or shorelines of the State.

“Shared driveway” means a driveway used to provide access to two dwelling units.

“Street” means a facility providing public or private access. Streets include the traveled way and all other improvements within the right-of-way or easement. The term “street” is used interchangeably with the term “road.”

“Street frontage” means the distance between the two points where the lot lines of a parcel intersect the boundary of a street right-of-way or easement.

“Structure” means anything that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Substandard street” means a street that is not constructed in conformance with the City’s design standards.

“Tract” means any parcel of land, lot, building site, or contiguous combination thereof under common ownership.

“Traffic signal warrants” means a list of criteria that establish the need to install a traffic signal as outlined in the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, Federal Highway Administration.

“Utility provider” means any public or private entity providing public services including, but not limited to: natural gas, oil, electric power, street lighting, telephone, telegraph, telecommunications, water, sewer, storm drainage, or cable television.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands generally do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands, if permitted by the City.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 423 § 35, 2004; Ord. 395 § 3, 2003).

Article III. Standard Specifications, Guidelines and Regulations

13.05.310 Standard Specifications.

Except as otherwise provided in this code, design, detail, workmanship, and materials shall be in accordance with the current edition of the Washington State Department of Transportation “Standard Specifications for Road, Bridge and Municipal Construction” (referred to hereafter as the Standard Specifications), and the “Standard Plans for Road, Bridge and Municipal Construction.” These documents are hereby adopted as part of this code.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.320 Adopted guidelines and regulations.

A. The most current version of the following guidelines and standards are hereby adopted as part of this code. The design detail, workmanship and materials for all projects constructed under this code shall meet the following guidelines and standards. In case of a conflict among standards, the City Manager or authorized designee shall determine which standard shall govern.

B. Standards Adopted.

1. City of University Place Comprehensive Storm Drainage Plan.

2. Conditions and standards as set forth in the Pierce County Health Department regulations.

3. Conditions and standards as set forth in the Pierce Transit regulations.

4. Conditions and standards as set forth in the University Place Comprehensive Land Use Plan.

5. King County Surface Water Design Manual.

6. U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), as amended and approved by Washington State Department of Transportation.

7. WSDOT Construction Manual as amended and approved by Washington State Department of Transportation.

8. Conditions and standards adopted by the State of Washington, Department of Labor and Industries.

9. Traffic Engineering Handbook, Institute of Traffic Engineers.

10. Highway Capacity Manual, Transportation Research Board.

11. ITE Trip Generation Manual.

12. AASHTO, A Policy on Geometric Design of Highways and Streets.

13. King County Road Standards (for drainage structures, and appurtenances only).

14. Tacoma Electrical Code.

15. Roundabouts: An Informational Guide, Federal Highway Administration.

16. City of University Place Town Center Design Standards.

17. City of University Place Community Commercial Design Standards.

18. City of University Place Standards and Guidelines for Streetscape Elements.

19. Washington State Department of Ecology Stormwater Management Manual for Western Washington.

20. University Place Municipal Code.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article IV. Organization and Enforcement

13.05.405 Authority.

The Director is hereby authorized to interpret and enforce the provisions of this code and all technical codes referenced herein or incorporated by this code, and to adopt and amend policies and rules in order to apply the provisions of this code, including the “University Place Standard Notes and Details” and the “University Place Submittal Requirements” referenced herein.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.410 Conflicting provisions.

In the case of a conflict between a general requirement and a specific requirement under this code, the specific requirement of this code shall govern. In the event of a conflict between a general requirement of another title of the UPMC and a specific requirement of this code, the specific requirement shall govern.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.415 Alternate materials and methods.

The provisions of this code are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code. The Director may approve alternative materials and methods if, based upon evidence submitted in writing by the applicant, the Director determines that the proposed design is satisfactory and complies with the provisions of this code; is based on sound engineering principles; and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, durability, safety and sanitation. Any alternative must be reviewed and approved in writing by the Director prior to construction.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.420 Modifications.

A. Criteria. The Director may modify the requirements of this code after submittal of an application and approval of associated information, plans, and/or design data provided by the applicant. The application and associated information shall demonstrate to the satisfaction of the Director and City Engineer that: (1) the requested modification is based upon sound engineering principles; (2) strict application of the requirements of this code would impose an undue hardship on the applicant; (3) that the requirements for safety, environmental considerations, function, appearance, and maintainability are fully met; (4) granting the modification adequately protects the public health, safety, and welfare; and (5) granting the modification is in the best interest of the public.

B. Application. All applications for modifications shall be on a form provided by the City. All modifications must be approved by the Director in writing prior to the start of construction.

C. Notification.

1. Whenever the Director determines that a proposed modification has the potential to negatively impact surrounding properties, all adjacent property owners will be notified in writing of the application. The Director shall notify abutting property owners of the due date for any written comments about the application. The applicant shall be furnished a copy of all written comments from abutting property owners that will be considered by the Director in making a decision. Abutting property owners shall be mailed a copy of the decision.

2. The Director may require the notification of additional property owners if he determines they have a potential to be negatively impacted.

3. All costs associated with public notification shall be borne by the applicant.

D. Fees. All fees associated with a modification application shall be in accordance with the Department of Community and Economic Development Fee Resolution.

E. Expiration.

1. A modification application shall expire when the applicant fails to provide necessary documentation and/or correction necessary to issue a permit in compliance with this code within 180 days of a request to provide such documentation and/or correction. A modification application may be extended for a single period not exceeding 180 days provided the applicant submits a request in writing and demonstrates that circumstances beyond the control of the applicant have prevented completion of the request for documentation and/or correction.

2. An approved modification shall expire two years after permit issuance.

F. Extension of Modification. A modification approval may be extended for a period not exceeding 180 days provided the applicant submits a request in writing and demonstrates that circumstances beyond the control of the applicant have prevented completion of the work under the modification. No modification shall be extended more than once.

G. Suspension or Revocation. The Director may suspend or revoke any modification issued in error or on the basis of incorrect information supplied by the applicant. The Director may also suspend or revoke any modification when the applicant fails to comply with the provisions of the modification. Any modification applicant aggrieved by the Director’s decision to suspend or revoke a permit may appeal this action as provided in this chapter.

(Ord. 749 § 18, 2021; Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.425 Right of entry.

Upon proper presentation of credentials, the Director or any duly authorized representative may, with the consent of the owner or occupant of a building, development, or premises, or pursuant to a lawfully issued inspection warrant, enter any building, development, or premises to perform the duties imposed by this code. Any applicant for a permit shall, as a condition of the permit, consent to entry of the Director or any duly authorized representative to inspect the building, development, or premises for compliance with the terms and conditions of the permit. In addition, the Director may enter any premises, with proper legal authorization, in the event of an imminent threat to the public health, safety, or welfare or to protect any persons or property.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.430 Stop work order.

A. Issuance. Whenever any work occurs contrary to the provisions of this code or there is a threat to the public health, safety, welfare, or property, the Director may issue a stop work order. The stop work order shall specify the violation and prohibit any work or other activity at the site until the Director authorizes the resumption of work in writing. The stop work order shall be served in writing to any person at the project site or posted prominently on the site in a conspicuous location to be determined by the Director.

B. Effect of Stop Work Order. It shall be unlawful to move, remove or deface any stop work order posted by the Director until the Director has authorized removal of the order. It shall be unlawful for any person to fail to comply with a stop work order issued by the Director.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.435 Emergency order.

A. Issuance. Whenever any work, use, or activity in violation of this code threatens the public health, safety, welfare, or property, the Director may issue an emergency order directing the work, use, or activity be discontinued and that the condition causing the threat be corrected. The emergency order shall specify the actions to be taken and the time for compliance. The emergency order shall be served in writing to any person at the project site and posted prominently on the site in a conspicuous location to be determined by the Director.

B. Compliance. It shall be unlawful to move, remove or deface any emergency order posted by the Director until the Director has approved, in writing, the corrective action and authorized removal of the order. It shall be unlawful for any person to fail to comply with an emergency order issued by the Director.

C. Agreement to Abatement by City. Any person who obtains a permit issued under this code agrees that the City may abate any condition for which an emergency order has been issued. The applicant shall be financially responsible for all costs incurred by the City in abating the conditions which caused the issuance of an emergency order.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.440 Violations.

It is unlawful for any person to do any of the following:

A. Perform or cause to be performed any work specified in this code upon any structure, land, or property within the City of University Place without first obtaining a permit or authorization as required by this code;

B. Perform or cause to be performed any work upon any structure, land, or property within the City of University Place in a manner not permitted by the terms or conditions of any permit or authorization issued pursuant to this code;

C. Misrepresent any material fact in any application, plans, or other information submitted to the City in conjunction with any permit or authorization issued under this code;

D. Fail to comply with any stop work order, emergency order, or other lawful order issued under this code;

E. Move, remove or deface any sign, notice, or order required by or posted in accordance with this code;

F. Fail to comply with any provisions of this code.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.445 Penalties and enforcement.

A. Criminal Penalties. Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, be penalized as provided in Chapter 1.15 UPMC.

B. Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.

C. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.

D. Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City’s discretion.

(Ord. 688 § 1 (Exh. E), 2017; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.450 Appeals.

A. Right to Appeal. Any person or entity aggrieved by any decision or order of the Director under this code, except a decision by the Director to seek redress in the courts through either civil or criminal remedies, may appeal the decision to the City of University Place Hearings Examiner pursuant to the provisions of UPMC Title 22 as enacted or hereafter amended. Appeals shall be filed in writing with the City within 14 days of issuance of the decision.

B. Effect of an Appeal. The filing of an appeal shall not act as a stay of the decision or order.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.455 Severability.

If any part of these regulations shall be found invalid, all other parts shall remain in effect.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article V. Permits

13.05.510 General.

A. Permit Required. It is unlawful for any person to clear land; cut and/or remove trees; grade, and stockpile material; or to alter, construct, repair, remove, excavate, place, obstruct, damage or disturb any structure, utility, facility or improvement located over, under or upon any property or public right-of-way in the City without first having obtained a permit. It is unlawful for any person to interfere with the free use of any public right-of-way in the City without first having obtained a permit. A separate permit shall be obtained for each separate project. The permits administered under this code are identified in this article.

B. Licensed Contractor. All work performed under a permit must be performed by a licensed, bonded contractor. Work on a single-family or duplex lot may be performed by the property owner if approved by the Director.

C. Permit Fees. The Department of Community and Economic Development Fee Resolution establishes the fees required by this code.

(Ord. 749 § 19, 2021; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.520 Site development permit.

A. Permit Required. A site development permit is required for any of the following activities:

1. Clearing.

2. Grading or stockpiling.

3. Constructing or modifying storm drainage facilities or drainage courses.

4. Constructing or modifying roadways (including but not limited to sidewalks, curbs, gutters, bike lanes, planter strips, and street lighting).

5. Creating or modifying impervious surfaces.

6. Any other activity that the Director determines may impact the right-of-way, adjacent properties, and sensitive areas.

B. Permit Exemptions. A site development permit shall not be required for the activities listed below. Properties which are contiguous and in common ownership at any time during the year preceding will be considered one tract for the purpose of applying these exemptions. Any work that is exempt from the permitting requirements of this code still must comply with all other applicable provisions of this code and the UPMC.

1. Construction, maintenance or repair of public roads or public storm drainage facilities when performed by the City.

2. Any grading activity for which a building permit has been issued. Only grading activity that is reasonably connected to, or required to accomplish the work permitted by, the building permit is exempt from a separate permit.

3. Any grading activity qualifying for a permit exemption in accordance with UPMC Title 14.

4. The import or disturbance of not more than a total of 50 cubic yards of material, for the life of the project except in or near sensitive areas including within 25 feet of a drainage course, pothole, or floodplain and provided adequate measures are taken to prevent off-site erosion or sedimentation.

5. Emergency sandbagging, diking, ditching, filling or similar work when done to protect life or property.

6. The clearing of any area less than 20,000 square feet. This general exemption is not applicable for clearing within sensitive areas.

7. The stockpiling or broadcasting of less than 250 cubic yards of topsoil, peat, sawdust, mulch, bark, chips or solid nutrients on a lot, tract, or parcel of land, per year except in floodplains and except in sensitive areas, provided adequate measures are taken to prevent off-site erosion or sedimentation.

8. Any activity that the Director determines will have negligible impact on the right-of-way, sensitive areas, or other properties or persons.

C. Permit Application. To obtain a site development permit, the applicant must file a written application on the form furnished by the City for that purpose. Any permit application that does not comply with this section may be ineligible for review. The application shall:

1. Identify and describe all work proposed to be covered by the permit.

2. Provide the legal description, street address or other description of the site on which the proposed work will be done and specify the location on the site where the proposed work will occur.

3. Identify the use for which the work is intended.

4. Be accompanied by plans, diagrams, computations and specifications and any other data required by subsection (D) of this section.

5. Be signed by the applicant, or the applicant’s authorized agent.

6. Provide such other data and information as may reasonably be required by the Director to process the application pursuant to the UPMC.

7. Pay the appropriate fees.

8. Identify the property owner and the engineer of record.

D. Submittal Documents. Plans, specifications, engineering calculations, diagrams, geotechnical reports, storm drainage reports, easements, dedications, special inspection and observation programs, and other data required by the Director shall constitute the submittal documents and shall be submitted with each application for a permit. The submittal documents shall be prepared by an engineer licensed in the State of Washington unless the Director determines that the nature of the work applied for is such that an engineered design is not necessary to obtain compliance with this code. All submittal documents shall conform to the University Place submittal requirements.

1. Plans and Specifications. Plans and specifications shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work proposed will conform to this code and other applicable laws, ordinances, rules and regulations. The plans shall include all applicable construction notes and details as provided in the University Place Standard Notes and Details.

2. Engineering Reports. Engineering reports include, but are not limited to, storm drainage reports, traffic impact analyses, geotechnical reports, and any other engineering calculations or analyses.

3. Easements and Dedications. Easements and dedications shall be prepared by a professional land surveyor licensed in the State of Washington. All easements and dedications shall include a legal description and drawing depicting the easement or dedication area. Easements and dedications shall conform to Chapter 13.10 UPMC. All easements and dedications to the public must be in a form acceptable to the City Attorney.

4. Special Inspection and Observation Program. The special inspection and observation program shall be submitted with the permit application in accordance with Article VII of this chapter.

5. Financial Guarantees. Financial guarantees shall be submitted as required in Article VI of this chapter prior to permit issuance.

E. Permit Issuance. The application and submittal documents shall be reviewed by the Director. Such documents may also be reviewed by other departments of the City or independent consultants if determined necessary by the Director. If the Director finds that the work described in an application for a permit and the submittal documents conform to the requirements of this code, other provisions of the UPMC and any other pertinent ordinances, and that the appropriate fees have been paid and financial guarantees presented, the Director shall issue a permit to the applicant. The Director may attach conditions as may be necessary to ensure compliance with this code, other provisions of the UPMC and City ordinances.

F. Approval Limited to Approved Plan. When the Director issues a permit where plans are required, the Director shall sign the plans in an approval block. Such approved plans shall not be changed, modified or altered without authorization from the Director. All work regulated by this code shall be done in accordance with the approved plans.

G. Violations. Failure to obtain a permit is a violation of this code and may be cause for withholding or withdrawing approval of project plans, revocation of a permit, suspension of building (or other) inspections, forfeiture of financial guarantees submitted to the City, refusal of the City to accept the work or other enforcement action under this code or other provisions of the UPMC. It shall be unlawful for any work that requires a permit to be undertaken without a permit. Any permit application submitted for work commenced prior to the application submittal shall be subject to a charge equal to double the applicable fees plus the actual cost for any investigation undertaken in conjunction with the consideration of the permit.

H. Timely Completion of Work. The applicant shall complete the work, obtain an engineer’s certification of the work, submit any associated maintenance and defect guarantees, and secure the City’s acceptance of the work prior to permit expiration.

I. Validity of Permit.

1. Issuing or granting a permit or approving plans or other submittal documents shall not be construed to be a permit for, or approval of, any violation of this code or other City ordinance.

2. Permit issuance shall not prevent the Director from: (a) requiring the correction of errors in the plans, specifications and other data; or (b) preventing construction activities from being carried out in violation of this code, other provisions of the UPMC, or City ordinances.

3. Permit issuance shall not be construed as approval for any additional work beyond the scope of the permit.

J. Expiration.

1. A site development permit application shall expire when the applicant fails to provide necessary documentation and/or correction necessary to issue a permit in compliance with this code within 180 days of a request to provide such documentation and/or correction. A site development permit application may be extended for a single period not exceeding 180 days. The applicant shall submit a request in writing and demonstrate that circumstances beyond the control of the applicant have prevented completion of the request for documentation and/or correction.

2. Site development permits expire upon any of the following:

a. Two years after permit issuance.

b. One hundred eighty days after permit issuance if construction has not commenced.

3. The work authorized by such permit is either abandoned or suspended for a period of 180 days following commencement of the work.

K. Extension of Permit. A site development permit may be extended for a period not exceeding 180 days. The applicant shall submit a request in writing and demonstrate that circumstances beyond the control of the applicant have prevented completion of the work under the permit. No permit shall be extended more than once.

L. Suspension or Revocation. The Director may suspend or revoke any permit issued in error or on the basis of incorrect information supplied by the applicant. The Director may also suspend or revoke any permit when the applicant fails to comply with the provisions of the permit. Any permit applicant aggrieved by the Director’s decision to suspend or revoke a permit may appeal this action as provided in this chapter.

(Ord. 595 § 1 (Exh. A), 2011; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.530 Right-of-way permits.

A. Permit Required. A right-of-way permit is required before any person may cut or remove trees or other vegetation; grade or stockpile material; alter, construct, repair, remove, excavate, place, obstruct, damage or disturb any structure, utility, facility or improvement located in the public right-of-way; or commence any other activity that interferes with the free use of the public right-of-way. An annual right-of-way permit for certain activities may be granted by the City.

B. Permit Exemptions. A right-of-way permit shall not be required for the activities listed below. Exemption from the permitting requirements of this section shall not constitute approval for any work done in violation of this code or any other City code.

1. Construction, improvement, maintenance, or repair of public roads or public storm drainage facilities when performed by the City.

2. Emergency sandbagging, diking, ditching, filling or similar work when done to protect life or property.

3. Any activity that the Director determines does not have the potential to significantly impact the right-of-way or the free use thereof. Any exemption granted under this section shall be issued in writing.

C. Permit Application. To obtain a right-of-way permit, an applicant shall file a written application on a form provided by the City. A permit application that does not comply with this section shall be ineligible for review. An application shall:

1. Identify and describe the work proposed to be covered by the permit.

2. Describe and locate the area where the proposed work is to be performed.

3. Indicate the use for which the work is intended.

4. Be accompanied by plans, diagrams, computations, specifications and other data required in subsection (D) of this section.

5. Be signed by the applicant, or the applicant’s authorized agent.

6. Give such other data and information as may reasonably be required by the Director to carry out the objectives of this code and other provisions of the UPMC.

7. Pay the application fee. The permit fee may be waived if the work is done in conjunction with a City capital improvement project.

8. Proof of insurance as required in UPMC 13.05.670.

D. Submittal Documents. Plans, financial guarantees and other data required by the Director shall constitute the submittal documents and must be submitted with the application. Plans shall be of sufficient clarity to indicate the location, nature and extent of the work proposed. The plans shall show in detail that the work will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. If the Director determines that the nature of the work applied for is such that an engineered design is necessary to obtain compliance with this code, the submittal documents shall be prepared by an engineer licensed in the State of Washington. Financial guarantees shall be submitted as required by this chapter prior to permit issuance. All submittal documents shall conform to the University Place submittal requirements.

E. Permit Issuance. The application and submittal documents shall be reviewed by the Director. Such documents may also be reviewed by other departments of this City, or independent consultants if determined necessary by the Director. If the Director finds that the work described in an application for a permit and the submittal documents conform to this code, other provisions of the UPMC and other pertinent laws and ordinances, and that the appropriate fees have been paid, the Director shall issue a permit to the applicant. The Director may attach conditions necessary to ensure compliance with this code, other provisions of the UPMC and City ordinances.

F. Violations. Failure to obtain a permit is a violation of this code and may be cause for withholding or withdrawing approval of project plans, revocation of a permit, suspension of building (or other) inspections, forfeiture of financial guarantees submitted to the City, refusal of the City to accept the work or other enforcement action under this code or other provisions of the UPMC. It shall be unlawful for any work that requires a permit to be undertaken without a permit. Any permit application submitted for work commenced prior to the application submittal shall be subject to a charge equal to double the applicable fees plus the actual cost for any City investigation undertaken in conjunction with the consideration of the permit.

G. Timely Completion of Work. The applicant shall complete the work, submit any associated maintenance and defect guarantees, and secure the City’s acceptance of the work prior to permit expiration.

H. Validity of Permit.

1. Issuing or granting a permit or approving plans or other submittal documents shall not be construed to be a permit for, or approval of, any violation of this code or other City ordinance.

3. Permit issuance shall not be construed as approval for any additional work beyond the scope of the permit.

I. Expiration. Except for annual right-of-way permits, all other right-of-way permits expire 180 days after permit issuance. The Director may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented work under the permit. No permit shall be extended more than once.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.540 Temporary right-of-way sign permit.

A. Permit Required. A temporary right-of-way sign permit is required to place any sign, street banner, or other decoration in, along, over, or across any public right-of-way. A temporary right-of-way sign permit may be issued only for placement of signs, street banners, or decorations to promote bona fide community events. A bona fide community event is a carnival, circus, exhibition, fair, farmers’ market, festival, parade, holiday celebration, or other community or regional celebration or event that may be of interest to the entire City or a substantial portion thereof.

B. Permit Exemptions. A temporary right-of-way sign permit shall not be required for the following signs, street banners, or decorations. Exemption from the permitting requirements of this section does not constitute authorization to place any signs, street banners, or decorations in violation of the provisions of this code, the UPMC or other City ordinance.

1. Political signs regulated under Chapter 19.75 UPMC.

2. Advisory or regulatory signs installed under a right-of-way or site development permit.

3. Signs, street banners, or decorations of the City.

4. Public notice signs required by local and State law.

5. Temporary “open during construction” signs approved by the Director.

C. Permit Application. To obtain a temporary right-of-way sign permit, an applicant shall file an application along with the permit fee. The application shall:

1. Describe the size, height, width, number and location of the signs, street banners, or decorations.

2. Describe the materials of construction of the signs, street banners, or decorations.

3. Describe the proposed wording and display of the signs, street banners, or decorations.

4. Identify the duration for which the signs, street banners, or decorations will be displayed.

5. Indicate the community event or celebration that the signs, street banners, or decorations will be promoting.

6. Be signed by the applicant or the applicant’s authorized agent.

7. Give such other data and information as may be required by the Director.

D. Permit Issuance. The application and submittal documents shall be reviewed by the Director. Such documents may also be reviewed by other departments of this City. If the Director finds that the work described in an application for a permit and the submittal documents conform to this code, other provisions of the UPMC and other pertinent laws and ordinances, and that the appropriate fees have been paid, the Director shall issue a permit to the applicant. The Director may attach conditions necessary to ensure compliance with this code, other provisions of the UPMC and City ordinances. The Director may deny an application if the installation of signs, street banners or decorations would interfere with any planned installation of City sign, street banner or decoration. No permit will be granted for a proposed sign, street banner, or decoration display more than one year after the date of permit application.

E. Validity. The issuance of a temporary right-of-way sign permit shall not be construed to be a permit for, or an approval of, any violation of any provisions of this code, other provisions of the UPMC, or other City ordinances.

F. Time Limits on Displays. Temporary right-of-way sign permits shall be issued for a two-week display prior to the specified community event. An additional extension for up to two weeks may be granted if no other application has been received 45 days prior to the event. No event shall be advertised or promoted for more than four weeks in a 12-month consecutive period. All displays advertising or promoting an event shall be removed within three days following the event.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.550 Suspension or revocation.

The Director may suspend or revoke any permit issued in error or on the basis of incorrect information supplied by the applicant. The Director may also suspend or revoke any permit if the applicant fails to comply with the provisions of the permit. Any permit applicant aggrieved by the Director’s decision to suspend or revoke a permit may appeal as provided in this chapter.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article VI. Financial Guarantees

13.05.610 General.

A. A financial guarantee is financial security posted with the City to ensure timely and proper completion of improvements, to ensure compliance with this code, and/or to warranty the design, materials, and workmanship associated with improvements. Financial guarantees include assignments of funds, surety bonds, and other forms of financial security acceptable to the City. Other types of financial guarantees may be accepted if approved by the Director. For the purposes of this title, the terms “performance guarantee,” “street use guarantee,” “erosion and sediment control/street cleaning guarantee,” and “maintenance and defect guarantee” are considered subcategories of financial guarantees.

B. Financial guarantees shall be in a form acceptable to the City. Financial guarantees under $5,000 must be an assignment of funds.

C. All financial guarantees shall: (1) run continuously until released by the City; (2) not be subject to expiration or cancellation without written authorization from the City; (3) be project- and site-specific; and (4) be nontransferable.

D. The Director shall determine the amount of the financial guarantee. The Director shall consider an engineer’s estimate or an executed construction contract between the applicant and a licensed, bonded contractor in determining the amount of the financial guarantee. An engineer’s estimate prepared by the applicant’s engineer shall detail the quantity of work to be done and shall be presented in a format approved by the City. The estimate shall be based on current construction costs and shall be stamped and signed by the engineer. The Director may consider any other reliable evidence in the Director’s sole discretion in determining the amount of the financial guarantee.

E. If a property for which a financial guarantee has been posted with the City is sold or otherwise transferred, the applicant is responsible for transferring the financial guarantee liability by having the new owner(s) replace any existing financial guarantees that the City is holding. The City will not release a preexisting financial guarantee until such time as the City accepts a replacement guarantee.

F. The property owner may be required to complete and record a right of entry form prior to acceptance of any financial guarantee covering improvements on private property. The right of entry shall run with the land and shall be recorded with the Pierce County Auditor.

G. Notwithstanding any provision of this chapter, the Director may release a financial guarantee where the work associated with the guarantee has been completed, the work has been stabilized such that there is no further risk to existing facilities, all fees have been paid, and a sufficient time has elapsed that the Director has determined that it is likely that neither the applicant nor surety will make a request to release the guarantee.

H. All financial guarantees must be reviewed and approved as to form by the City Attorney.

(Ord. 716 § 1, 2019; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.620 Performance guarantee.

A. A performance guarantee ensures completion of the improvements according to the permit conditions, the University Place Municipal Code and other applicable laws and regulations. If a project requires more than one performance guarantee, the applicant may combine performance guarantees. The combined guarantee shall be for not less than the amount of separate financial guarantees. The combined guarantee shall clearly delineate on its face the separate financial guarantees that it replaces.

B. Prior to issuance of a site development permit, the applicant shall submit a performance guarantee that ensures the timely and proper construction of all public improvements, storm drainage facilities (both public and private), and any other required improvement that is deemed by the Director to be important to protect the public health, safety, or welfare. The guarantee will include the costs for the installation of landscaping and irrigation systems for both streets and storm drainage facilities.

C. Prior to final plat, short plat, or final development plan approval, the applicant shall submit a performance guarantee that ensures the timely and proper construction and acceptance by the City of all required improvements.

D. Performance guarantees shall be in the amount of 125 percent of the engineer’s estimate, the executed contract or the decision of the Director to allow for inflation and engineering administration expenses should the City have to complete the project.

E. The applicant shall complete the work, obtain an engineer’s certification of the work, submit any associated maintenance and defect guarantees, and secure the City’s acceptance of the work prior to permit expiration.

F. Release Procedures. Any release of the performance guarantee must be in writing to be effective. The City will release the performance guarantee only after each of the following have been met:

1. The applicant’s engineer has submitted a certification that the improvements for which a financial guarantee was submitted were completed in conformance with the approved plans and design. The certification shall comply with Article VIII of this chapter.

2. The applicant has obtained a final inspection of all guaranteed improvements.

3. Any deficiencies identified by the City in the final inspection have been corrected.

4. The City has accepted a maintenance and defect financial guarantee from the applicant as provided in this article.

5. The City has issued a written, final approval of the guaranteed improvements to the applicant.

6. The applicant or surety has requested in writing the release of the guarantee.

7. The applicant has paid all outstanding fees.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.630 Street use guarantee.

A. A street use guarantee ensures compliance with right-of-way permit conditions and warranties the design, materials, and workmanship associated with the work performed in a right-of-way. All applicants performing work that will, or has the potential to, disturb, modify, or damage anything within the City right-of-way will be required to post a street use guarantee with the City.

B. Prior to issuance of a right-of -way permit the applicant shall submit a street use guarantee.

C. Street use guarantees shall be in the amount of $5,000 unless the Director determines after a review of a permit that a lower or higher amount is appropriate.

D. When an applicant has multiple right-of-way permits, a single street use guarantee in the amount of $20,000 may be submitted in lieu of individual $5,000 street use guarantees.

E. The applicant shall be responsible to repair all defects resulting from the applicant’s activity in the right-of-way. The applicant will not be relieved of this obligation until the right-of-way impacted by the applicant has remained free from defects for a consecutive period of two years. The applicant will be liable for any third party damages that result from a breach of these duties for the duration of the street use guarantee.

F. During the period of the street use guarantee, City staff will periodically inspect the right-of-way impacted by the applicant. The City shall provide notice to the applicant when maintenance and/or repairs are necessary, specifying a reasonable time frame within which such work is to be completed. In the event that the applicant does not complete such maintenance and/or repairs, the applicant will be in default subject to the provisions of this article, and the City may perform such work.

G. If, on the basis of its inspections, the City determines that repairs must be performed immediately to prevent risk to person(s) or property, the City may make necessary repairs and the cost of those repairs shall be paid by the applicant upon demand. If the applicant fails to pay for the repairs by the time specified by the City, the applicant will be in default subject to the provisions of this article.

H. The applicant shall pay for the inspections performed by the City during the duration of the street use guarantee. Inspection fees will be as specified in the Department of Community and Economic Development Fee Resolution.

I. Release Procedures. Any release of the street use guarantee must be in writing to be effective. The City of University Place will release a street use guarantee only after each of the following have been met:

1. The right-of-way construction work completed by the applicant has remained free of defects for two consecutive years. This period can be reduced if the Director determines that the work associated with the right-of-way permit has been sufficiently completed and stabilized such that there is no further risk of damage to existing facilities.

2. The applicant or surety has requested in writing the release of the guarantee.

3. The applicant has paid all outstanding fees.

(Ord. 749 § 20, 2021; Ord. 679 § 1 (Exh. A), 2016; Ord. 531 § 1 (Exh. A), 2008; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.640 Erosion and sediment control/street cleaning guarantee.

A. An erosion and sediment control/street cleaning guarantee ensures that required erosion and sedimentation control/street cleaning measures are constructed and maintained in accordance with the UPMC. Prior to permit issuance, the applicant must submit to the City a financial guarantee that guarantees the performance and maintenance of the erosion and sedimentation control facilities and street cleaning. Because of the harm to the public health and safety and the environment arising out of poor erosion and sediment control or failure to clean streets properly, all erosion and sediment control/street cleaning guarantees shall require that the guarantor must pay the face amount of the financial guarantee to the City within 14 days of the City’s written demand for funds.

B. If the applicant fails to maintain the erosion and sedimentation control facilities in conformance with this code, the City may issue a written notice specifying required remedial actions. If the remedial actions are not performed in a timely manner, the City may take action including, but not limited to, issuing a stop work order, entering the property to perform the actions needed; and using the financial guarantee to pay for remedial actions. In the event a hazard exists, the City is not required to provide written notice to the applicant. If the City is forced to utilize the guarantee, any stop work order issued shall remain in effect until the applicant has restored the guarantee up to either the original amount or such other amount as the Director may reasonably decide is necessary to ensure future compliance with the permit.

C. The amount of the guarantee will be as follows:

1. For any development larger than one single-family or duplex building: 125 percent of the cost of the approved erosion and sedimentation control measures, plus $5,000 per acre of the disturbed area.

2. For sites impacting a sensitive area, the City may require an additional guarantee amount to compensate for difficulties associated with work in sensitive areas. Any additional amount will be determined by the Director based upon the nature of the sensitive area.

D. Release Procedures. Any release of the erosion and sediment control/street cleaning guarantee must be in writing to be effective. The Director will release the erosion and sediment control/street cleaning guarantee only after each of the following have been met:

1. The applicant’s engineer has submitted a certification that all disturbed areas within the site have been stabilized in conformance with the permit conditions and the UPMC. The certification shall be as prescribed in Article VIII of this chapter. For sites with less than five acres of disturbed area, the City may waive the requirement for certification unless the site is located within a landslide and erosion hazard area.

2. The applicant has requested a final inspection of the site.

3. Any deficiencies identified by the City in the final inspection have been corrected.

4. The applicant or surety has requested in writing the release of the guarantee.

5. The applicant has paid all outstanding fees.

(Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.650 Maintenance and defect guarantee.

A. A maintenance and defect guarantee ensures the design, workmanship, maintenance, and operation of improvements to streets, landscaping, and drainage facilities. The City requires three types of maintenance and defect guarantees: storm drainage, street improvement, and landscaping.

B. An applicant shall submit maintenance and defect guarantees for improvements prior to: (1) release of the performance guarantees associated with a project’s storm drainage facilities, street improvements, and public landscaping; and (2) City approval of the constructed improvements.

C. The applicant shall be responsible for the operation and maintenance of the improvements for the duration of the defect and maintenance guarantee.

D. During the term of the maintenance and defect guarantee, City staff may periodically inspect the guaranteed improvements. If the Director determines that the improvements are not adequately maintained, do not operate satisfactorily or contain defects in design, materials or workmanship, the City shall notify the applicant, specifying remedial action. If the applicant does not complete the remedial action in a timely manner and to the City’s satisfaction, the applicant will be in default.

E. If, on the basis of its inspections, the City determines that repairs must be performed immediately to prevent risk to person(s) or property, the City may make necessary repairs. The cost of necessary repairs shall be paid by the applicant upon the City’s written demand. If the applicant fails to pay for the necessary repairs by the time specified by the City, the applicant will be in default.

F. The applicant shall pay for inspections performed by the City during the duration of the maintenance and defect guarantee. Inspection fees will be as specified in the Department of Community and Economic Development Fee Resolution.

G. Storm Drainage Maintenance and Defect Guarantee (Public and Private). The storm drainage maintenance and defect guarantee shall be set by the Director in the amount of 10 percent of the construction cost of the storm drainage facility.

H. Street Improvement Maintenance and Defect Guarantee (Public and Private). The street improvement maintenance and defect guarantee shall be set by the Director in the amount of 25 percent of the construction cost of the street improvements.

I. Landscaping Maintenance and Defect Guarantee. The landscaping maintenance and defect guarantee shall be set by the Director in the amount equal to the cost of the landscaping as indicated in the approved engineer’s estimate. Any plant material needing replacement shall be replaced in accordance with Chapter 13.20 UPMC, Article VIII, and inspected prior to the release of the maintenance guarantee.

J. Release Procedures. Any release of the maintenance and defect guarantee must be in writing to be effective. The City of University Place will release the maintenance and defect guarantee only after each of the following have been met:

1. The guaranteed improvements have remained free of defects for two consecutive years.

2. The applicant has submitted to the City a letter that requests final inspection of the guaranteed improvements and certifies the guaranteed improvements have been cleaned of all debris, dirt, and sediment.

3. Any deficiencies identified by the City in the final inspection have been corrected.

4. The applicant or surety has requested in writing the release of the guarantee.

5. The applicant has paid all outstanding fees.

(Ord. 749 § 21, 2021; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.660 Default procedures.

A. The City may make a determination of default after an inspection has indicated that improvements need to be completed, maintained, or corrected. A default means the failure of the applicant to do any of the following:

1. Comply with financial guarantee conditions; or

2. Complete the improvements in accordance with this code and the approved plans and conditions within the specified time; or

3. Maintain the improvements in accordance with this code and the approved plans and conditions for the specified period of time; or

4. Correct any deficiencies identified by the City.

B. In the event of a default, the City shall notify the applicant and the guarantor in writing of the default, the necessary work to remedy the default, and the specified time to complete the remedial work. If the applicant does not perform the remedial work within the specified time, the City may demand payment by the guarantor and perform the remedial work. The guarantor shall be responsible, up to the limits of the financial guarantee, for the payment of any and all costs and expenses that have been or will be incurred by the City in causing the remedial work to be done. Any funds demanded in excess of the costs incurred the by City shall be returned to the guarantor upon completion of the remedial work. The applicant shall be responsible for any and all costs incurred by the City in conjunction with the remedial work. This includes any costs that exceed the amount of the financial guarantee. Nothing in this section shall limit the ability of the City to enforce or otherwise compel compliance with conditions of any City permit or approval in accordance with the enforcement provision set forth in Article IV of this chapter.

C. Bonds are subject to default upon permit expiration or revocation.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.670 Insurance required.

A. The applicant shall procure and maintain for the duration of the permit insurance against claims for injuries to persons or damage to property which may arise from or in connection with operations or activities performed by or on the applicant’s behalf with the issuance of this permit.

B. No Limitation. Applicant’s maintenance of insurance as required by the permit shall not be construed to limit the liability of the applicant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

C. Minimum Scope of Insurance. The applicant shall obtain insurance of the type described below:

1. Commercial general liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be named as an insured under the applicant’s commercial general liability insurance policy using ISO Additional Insured-State or Political Subdivisions – Permits CG 20 12 or a substitute endorsement providing equivalent coverage.

2. Automobile liability insurance covering all owned, nonowned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.

D. Minimum Amounts of Insurance. Applicant shall maintain the following insurance limits:

1. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.

2. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

E. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for commercial general liability insurance:

1. The applicant’s insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the applicant’s insurance and shall not contribute to it.

2. The applicant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

G. Verification of Coverage. Applicant shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the applicant before issuance of the permit.

(Ord. 733 § 2, 2020; Ord. 679 § 1 (Exh. A), 2016; Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article VII. Inspections

13.05.705 General.

A. All activity regulated under this title shall be subject to inspection by the Director and shall remain accessible and exposed for inspection purposes until approved by the Director. The engineer of record will be responsible to perform professional inspections of the permitted activity. In addition, certain types of construction shall have special inspections, as specified in this article.

B. Approval of inspected work shall not be construed to be an approval of a violation of the provisions of this code, other provisions of the UPMC or City ordinances. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the City shall not be valid.

C. It shall be the duty of the applicant to cause the work to remain accessible and exposed for inspection purposes. The applicant shall be liable for any expense entailed in the removal or replacement of any material required to allow inspection. Failure to receive the City’s approval can result in removal or modification of construction at the applicant’s expense to bring the work into conformance with approved plans.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.710 Preconstruction conference.

A preconstruction conference is required prior to the commencement of work. It is the responsibility of the applicant to arrange for this meeting and to notify the City in advance of the commencement of any authorized work.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.715 Hours of construction.

The hours of construction for any activity permitted under this code are Monday through Friday, 8:00 a.m. to 5:00 p.m. The Director may authorize work outside of these hours upon request based upon the type of work to be performed or the proximity to residential areas. Requests for extended working hours must be submitted in writing to the Director 24 hours in advance.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.720 Inspection card.

The City will provide the permit holder with the inspection card upon permit issuance. This card shall be on the project site at all times until final approval has been granted by the Director. Any work under the permit shall not be commenced until the permit holder has posted or otherwise made the inspection card available such as to allow the Director to conveniently make the required entries thereon regarding inspection of the work.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.725 Inspections.

All permitted work is subject to inspection by the Director at any time. The permit holder, as a condition of obtaining a permit, shall authorize the Director to enter the site for inspection throughout the duration of the project.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.730 Inspection requests.

A. It shall be the duty of the applicant to notify the Director that such work is ready for inspection. The Director may require that every request for inspection be filed at least one working day before the desired inspection date. Such request may be in writing or by telephone at the option of the Director. It shall be the duty of the applicant to provide access to and the means to inspect the work.

B. If all required inspections are not requested before completion of the work, the City may require the applicant to pay for additional testing and analysis to be performed to ensure conformance with the approved plans and as a condition of final inspection and approval of the City.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.735 Approval required.

Work shall not progress beyond the point indicated in each successive inspection without the prior approval of the Director. The Director shall make the requested inspections and shall indicate to the applicant whether the construction is satisfactory as completed, or fails to comply with this code, other provisions of the UPMC, or other City ordinances. Any portions of the work that do not comply shall be corrected by the applicant. Any such portions of the work shall neither be covered nor concealed until authorized by the Director.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.740 Reinspections.

A. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for previously have not been made. This section shall not be construed to require imposition of reinspection fees the first time a job is rejected for failure to comply with the permit conditions, this code, other provisions of the UPMC or other City ordinances. The City, however, may impose a reinspection fee when the applicant has called for an inspection before the work is ready for inspection or reinspection.

B. Reinspection fees may be assessed for violations including, but not limited to: the inspection record card is not posted or otherwise available on the work site; the approved plans are not readily available to the inspector; failure to provide access on the date for which inspection is requested; or deviating from the plans approved by the Director. If a reinspection fee has been assessed, further approvals of work under the permit are expressly conditioned on prior payment of reinspection fees.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.745 Professional and special inspections.

A. The engineer of record shall prepare an inspection program that shall be submitted to the Director for approval prior to permit issuance. The inspection program shall designate the portions of the work that require professional and special inspection, the stages of construction at which the professional and special inspections are to occur, the name or names of the individuals or firms who are to perform these inspections, and the duties of the inspectors. The inspection program shall include samples of proposed inspection reports and provide time limits for submission of reports.

B. The Director shall approve or amend the inspection program in conjunction with issuing the permit. The inspection program as approved by the Director shall be a permit condition.

C. Professional Inspections. Professional inspections are those inspections to be performed by the engineer of record. The engineer of record shall provide professional inspection only within the engineer’s area of technical specialty. The inspections shall be of a nature that enables the engineer of record to provide a “Certification from Engineer” in conformance with Article VIII of this chapter. If revised plans are required during the course of the work they shall be submitted by the engineer of record.

D. Special Inspections. Special inspections are those inspections identified in the inspection program not performed by the engineer of record. Special inspectors shall be employed by the applicant or the engineer of record. Special inspections will be required for any portion of the project that is outside of the engineer of record’s area of expertise. This may include erosion and sedimentation control, compaction testing, material testing, and geotechnical and structural components of the project.

1. Special Inspector. The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the Director, for inspection of the particular type of construction or operation requiring special inspection.

2. Duties and Responsibilities of the Special Inspector. The special inspector shall observe the work assigned for conformance to the approved plans and the permit conditions. The special inspector shall furnish inspection reports at such times as the Director may require. The reports shall be furnished to the Director, the engineer of record, and the applicant. All discrepancies in the work shall be brought to the immediate attention of the contractor for correction and included in the inspection report. The special inspector shall submit a final signed report stating whether the work requiring special inspection was in conformance to the approved plans and the permit conditions.

3. Failure to Perform. If the Director determines that the special inspector has failed to perform the duties and responsibilities indicated above, the Director may require the applicant to replace the special inspector with another qualified person who will assume the duties and responsibilities of the special inspector.

4. Exception. The Director may waive the requirement for the employment of a special inspector if the construction is of a minor nature.

E. Investigation. If the Director determines that the engineer of record or special inspector have failed to ensure compliance with the approved plans and permit conditions, the Director may retain the services of a qualified individual to evaluate the quality of the work. The applicant shall be responsible for all costs incurred by the City in the investigation. Payment of costs incurred by the City is an express condition precedent to final inspection, acceptance of the work by the City, and release of financial guarantees.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.750 Final inspection.

The applicant is responsible to request a final inspection of all permitted activities upon completion. The applicant must secure approval by the City of these facilities prior to use and release of any applicable financial guarantees.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.755 Notification of noncompliance.

If, in the course of fulfilling their respective duties under this code, the engineer of record or the special inspector finds that the work is not being done in conformance with this code, the approved plans, or the permit conditions, the discrepancies shall be reported immediately in writing to the applicant and to the Director.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.760 Transfer of responsibility.

If the applicant wishes to change the engineer of record during construction, the work shall be stopped until the replacement engineer agrees in writing to accept the duties and responsibilities of the original engineer of record and certify the work. Such an agreement shall be filed with the City and approved by the Director prior to the recommencement of work.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.765 Testing.

Testing shall be as specified in the approved inspection program. Tests shall be performed at the applicant’s expense. At a minimum, testing shall be done on all materials and construction as specified in the WSDOT/APWA Standard Specifications, this code, and the University Place Standard Notes and Details.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

Article VIII. Project Closure

13.05.810 As-builts.

As-built drawings must be provided to the City for all roadway and storm system construction. As-builts must be prepared by a licensed professional engineer or surveyor, stamped and signed by the professional and submitted prior to the City’s acceptance of any improvement. The following, as applicable, shall be included in all as-built submittals.

A. Roadway centerline stationing at minimum 50-foot spacing. Stationing shall include elevations and horizontal control in State plane coordinates.

B. Right-of-way lines and property lines.

C. Locations, widths, and composition of travel lanes, sidewalks, curbs, gutters, medians, planter strips, irrigation systems, shoulders and bike lanes.

D. Street light locations and types.

E. Utility locations.

F. Street names.

G. Pavement markings and street signs.

H. Type and widths of easements.

I. Catchbasin type, location, rim elevation, bottom elevation, and inlet/outlet invert elevation.

J. Storm drain pipe size, composition, location and invert slope.

K. Detention/retention/infiltration facility location, and inlet/outlet locations and elevations.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.820 Certification from engineer.

Following the construction of facilities allowed under a permit, the engineer of record shall provide to the City a letter of certification. This letter shall be stamped, signed and dated by the engineer and shall state that all permitted facilities have been built in accordance with the approved plans, permit conditions, and all applicable codes. In the event that some components of the work have not been built in strict conformance to the plans and conditions and, in the engineer’s opinion, these exceptions do not compromise the integrity of the project, the engineer shall identify the exceptions and include a statement in the certification that the exceptions do not constitute a material defect, compromise the integrity of the project, or violate any provisions of this code.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).

13.05.830 City acceptance.

Unless a development involves a dedication of a public facility, a development is considered final upon final approval or acceptance by the Director. When a development involves a dedication to the public, a development is not considered final until the Director has issued written acceptance of the public facility accepting ownership and addressing responsibility for the dedication.

(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).