Chapter 23.35
CONSTRUCTION
Sections:
23.35.010 Construction standards.
23.35.030 Construction permits.
23.35.050 Engineer’s certification.
23.35.060 Traffic control plan.
23.35.080 Construction schedule.
23.35.090 Compliance with permit.
23.35.110 Survey of underground facilities.
23.35.130 Completion of construction.
23.35.150 Restoration of improvements.
23.35.160 Landscape restoration.
23.35.170 Location of facilities.
23.35.180 Construction surety.
23.35.010 Construction standards.
No person shall commence or continue with the construction, installation or operation of facilities within the city except as provided in this title.
(Ord. 360 § 1, 2002).
23.35.020 Construction codes.
Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including, but not limited to, the National Electrical Safety Code. Facilities installed in public rights-of-way shall comply with the city’s public works standards.
(Ord. 360 § 1, 2002).
23.35.030 Construction permits.
No person shall construct or install any facilities within city rights-of-way without first obtaining a right-of-way use permit therefor; provided, however:
A. No permit shall be issued for the construction or installation of facilities within the city unless the telecommunications carrier has filed a registration statement with the city pursuant to this title.
B. To the extent permitted by law, no permit shall be issued for the construction or installation of facilities in the rights-of-way unless the telecommunications carrier has applied for and received a franchise or license pursuant to this title.
C. Unless otherwise provided by law, franchise or license, no permit shall be issued for the construction or installation of facilities without payment of all fees pursuant to this title.
D. To the extent permitted by law, no permit shall be issued to cut any public way, the surface of which is less than three years old.
(Ord. 360 § 1, 2002).
23.35.040 Applications.
Applications for permits to construct facilities shall be submitted upon forms provided by the city. The applicant shall pay all associated fees and shall include any additional information as may reasonably be requested by the city in the exercise of the city’s responsibility to manage rights-of-way. The application 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 and route 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 rights-of-way.
D. The location of all existing underground utilities, conduits, ducts, pipes, mains and installations that are within the rights-of-way along the underground route proposed by the applicant.
E. The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to the rights-of-way.
F. The location, dimension and types of all trees within or adjacent to the rights-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.
(Ord. 360 § 1, 2002).
23.35.050 Engineer’s certification.
Unless otherwise provided in a license or franchise, all permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations. The Engineer shall provide a certificate of the construction cost estimate.
(Ord. 360 § 1, 2002).
23.35.060 Traffic control plan.
All permit applications which involve work on, in, under, across or along any rights-of-way shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed.
(Ord. 360 § 1, 2002).
23.35.070 Issuance of permit.
Within 30 days after submission of all plans and documents required of the applicant and payment of necessary permit fees, the City, if satisfied that the application, plans and documents comply with all requirements of this title, shall issue a 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 the City deems necessary or appropriate.
(Ord. 360 § 1, 2002).
23.35.080 Construction schedule.
The permittee shall submit a written construction schedule to the Community Development Director 10 working days before commencing any work in or about the rights-of-way. The permittee shall further provide written notification to the Community Development Director not less than five working days in advance of any excavation or work in the rights-of-way.
(Ord. 423 § 108, 2004; Ord. 360 § 1, 2002).
23.35.090 Compliance with permit.
All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The Community Development Director shall be provided access to the work and such further information as the Director may require to ensure compliance with such requirements.
(Ord. 423 § 109, 2004; Ord. 360 § 1, 2002).
23.35.100 Display of permit.
The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by City representatives or agents at all times when construction work is occurring.
(Ord. 360 § 1, 2002).
23.35.110 Survey of underground facilities.
If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standards, the permittee shall cause the location of such facilities to be verified by a registered Washington land surveyor. A copy of the survey shall be filed with the City for the purpose of road maintenance and road improvement planning and possible insertion into the City’s GIS system. The permittee, at its expense, shall relocate any facilities that are not located in compliance with permit requirements.
(Ord. 360 § 1, 2002).
23.35.120 Noncomplying work.
Upon order of the City Manager or designee, all work which does not comply with the permit, the approved plans or specifications for the work, or the requirements of this title shall be removed.
(Ord. 360 § 1, 2002).
23.35.130 Completion of construction.
The permittee shall promptly complete all construction activities so as to minimize disruption of the rights-of-way and other public and private property. All construction work authorized by a permit within rights-of-way, including restoration, must be completed within 90 days of the date of issuance or at such other interval as the City may specify in writing upon issuance of the permit.
(Ord. 360 § 1, 2002).
23.35.140 As-built drawings.
Within 30 days after completion of construction, the permittee shall furnish the Community Development Director with two complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all underground facilities constructed pursuant to the permit within City rights-of-way.
(Ord. 423 § 110, 2004; Ord. 360 § 1, 2002).
23.35.150 Restoration of improvements.
Upon completion of any construction work, the permittee shall promptly repair, but in no event longer than such time as may be established by the City during permit review, any and all public and private property, improvements, fixtures, structures and facilities which are damaged during the course of construction, restoring the same to their condition before construction commenced.
(Ord. 360 § 1, 2002).
23.35.160 Landscape restoration.
A. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, operation, repair or replacement of facilities, which is done pursuant to a franchise, license or permit, shall be replaced or restored to the condition existing prior to performance of the work. Significant trees removed shall be replaced according to the significant tree provisions of the City’s zoning code. “Significant tree” means an existing healthy tree which, when measured four feet above grade, has a minimum diameter of:
1. Six inches for evergreens, except as provided under subsection (A)(2) or (A)(4) of this section; or
2. Eight inches for Douglas fir and hemlock trees; or
3. Twelve inches for deciduous trees; or
4. A tree that because of its unique species, environment, or location is determined by the Director to be a significant tree.
B. All restoration work within the rights-of-way shall be done in accordance with landscape plans approved by the City.
(Ord. 360 § 1, 2002).
23.35.170 Location of facilities.
Unless otherwise required in current or future City ordinances regarding underground construction requirements, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
A. Facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
B. A franchisee with written authorization to install overhead facilities shall install its facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
C. Whenever all existing telephone, electric utilities, cable television facilities or other facilities are located underground within rights-of-way, a franchisee with written authorization to occupy the same rights-of-way must also locate its telecommunications facilities underground.
D. Whenever all new or existing telephone, electric utilities, cable television facilities or other facilities are located or relocated underground within rights-of-way, a franchisee that currently occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense.
(Ord. 360 § 1, 2002).
23.35.180 Construction surety.
Prior to issuance of a construction permit, the permittee shall provide a construction bond, as provided in the University Place Municipal Code.
(Ord. 360 § 1, 2002).