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HomeMy WebLinkAbout5042 1 ORDINANCE NO. 5 0 4 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REVISING TITLE 12 ENTITLED "STREETS, SIDEWALKS 4 AND PUBLIC WORKS" BY ADDING A NEW CHAPTER 12.02 ENTITLED 5 "GENERAL PROVISIONS", RELATING TO THE ACQUISITION, MANAGEMENT, AND VACATION OF PUBLIC WAYS AND PUBLIC RIGHTS OF 6 WAY; BY REPEALING CHAPTER 12.04 ENTITLED "PUBLIC WORKS CONSTRUCTION" AND ADOPTING A NEW CHAPTER 12.04 ENTITLED ? '~PUBLIC WORKS CONSTRUCTION" TO CLARIFY DESIGN AUTHORITIES OF THE CITY ENGINEER; BY REPEALING CHAPTER 12.24 ENTITLED 8 "EXCAVATION PERMITS" AND ADOPTING A NEW CHAPTER 12.24 9 ENTITLED "CONSTRUCTION PERMITS" DESCRIBING THE PROCEDURES FOR APPLICATION AND APPROVAL OF ALL CONSTRUCTION PERMITS WITHIN 10 PUBLIC WAYS AND RIGHTS OF WAY; AND BY AMENDING CHAPTER 12.60 ENTITLED "RIGHT OF WAY PERMITS" TO INCORPORATE NEW STANDARDS 1! FOR EVALUATION AND DETERMINATION. 12 WHEREAS, RCW 35A.11 grants cities broad authority with regard to acquisition, sale, ownership, improvements, 15 maintenance, protection, restoration, regulation, use, ]6 leasing, disposition, vacation, abandonment, or 17 beautification of the public rights-of way; and ]8 WHEREAS, RCW 47.24 grants cities full jurisdiction and ]9 control of city streets which are part of the state highway 20 system within city limits; and 21 22 WHEREAS, RCW 35A.47 provides the authority for code cities to acquire, construct, maintain, use and vacate 24 alleys, streets and sidewalks and to set design standards; 25 Ordin~¢e No. 5042 December 30, 1997 Page I (0rdS042f) ! and grants code cities non-exclusive franchise authority to 2 issue permits and regulate streets and Public Ways under such conditions as cities may establish by ordinance, while 4 5 requiring a bond in a reasonable amount for any person or corporation obtaining a franchise from the city conditioned 7 upon the faithful performance of the conditions and terms of 8 the franchise and providing a recovery on the bond in case of 9 failure to perform the terms and conditions of the franchise; and ]1 WHEREAS, RCW 35A.63.100 grants cities broad authority to 12 implement approved comprehensive plans by developing and ]4 approving ordinances that regulate the use of streets, and 15 public facilities and protecting such sites against encroachment by buildings, and other physical structures, and 17 adoption of design standards, requirements, regulations, and procedures, for subdivision of land, approval of plats, dedications, acquisitions, and improvements, and reservation 20 of such sites for public use; and WHEREAS, RCW 35.68 grants cities authority for construction, re-construction, and repair of sidewalks, 24 curbs, gutter, and driveways, and authority to assess 25 26 Ordin~ce No. 5042 December 30, 1997 Page 2 (Ord5042f) abutting property owners for any portion of the associated 2 costs, and establishes minimum standards for accommodation of $ the physically handicapped; and 4 WHEREAS, RCW 35.79 establishes the basis for street 5 vacations, methods for cities to follow, and limits cities 7 authority to vacate only when public benefit is derived; and 8 WHEREAS, RCW 35.85 grants cities authority to construct 9 and operate viaducts, elevated roadways, tunnels, and 10 subways; ]! NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN , !2 WASHINGTON, DO ORDAIN AS FOLLOWS: ]4 Section 1. PURPOSE: The purpose of this ordinance is as 15 follows: To create and add to the Auburn City Code a new chapter 17 12.02 entitled "Public Works General" as set forth in Exhibit 18 "A" attached hereto and incorporated herein by this reference 19 to provide regulations consistent with the authorities vested 2O by the State of Washington to the City for managing Public 2! 22 Ways and Right of Ways; and 23 To repeal Auburn City Code Chapter 12.04 entitled 24 "Public Works Construction" and adopt a new Auburn City Code 25 Ord~¢¢ No. 5042 December 30, ]997 Page 3 (0rd5042f) ! Chapter 12.04 entitled "Public Works Construction" as set 2 forth in Exhibit "B" attached hereto and incorporated herein by this reference to provide clarification concerning 4 approval authorities of City standards for Public Works; and 5 To repeal Auburn City Code Chapter 12.24 entitled 7 "Excavation Permits" and adopt a new Auburn City Code Chapter 8 12.24 entitled "Construction Permits" as set forth in Exhibit 9 "C" attached hereto and incorporated herein by this reference ]0 to provide consistent procedures for obtaining permits for 11 all construction activities within the Public Ways and Right of Ways; and To amend Auburn City Code Chapter 12 60 entitled '~Right 14 ' 15 of Way Permits" as set forth in Exhibit "D'' attached hereto 16 and incorporated herein by this reference to provide 17 consistent criteria for evaluating each application for Right ]8 of Way uses. 19 Section 2. CONSTITUTIONALITY OR INVALIDITY: If any 20 section, subsection, clause, phrase, or sentence, of this 21 Ordinance, is for any reason held to be invalid or 22 23 unconstitutional, such invalidity or unconstitutionality of 24 the remaining portions of this ordinance, as it is being 25 Ordin~ce No. 5042 December 30, 1997 Page 4 (Ord5042f) hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and 4 5 ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared 7 invalid or unconstitutional. 8 Section 3. The Mayor is hereby authorized to implement 9 such administrative procedures as may be necessary to carry ]0 out the directions of this legislation. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and ]4 publication, as provided by law. ]5 ]7 INTRODUCED: January5, 1998 18 PASSED: January5, 1998 ]9 20 APPROVED: January5, 1998 CHARBE$ A. BOOTH 24 MAYOR 25 Ord~ce No. 5042 December 30, 1997 Page 5 (Ord5042f) ] ATTEST: 2 4 Da~ielle E. Daskam, City Clerk 5 6 7 APPROVED AS TO FORM: 10 lc ael J. Reynolds, City Attorney 11 12 14 15 16 17 18 19 2O 21 22 23 24 25 26 O~in~ce No. 5042 Decemb~ 30, 1997 P~e 6 (Ord5042f) EXHIBIT A Chapter 12.02 PUBLIC WORKS GENERAL Sections: 12.02.010 General authority. 12.02.020 Purpose. 12.02.030 Scope. 12.02.040 Administration. 12.02.050 Enforcement. 12.02.060 Definitions 12.02.010 General authority. This chapter is adopted under the authority of Chapters 35A.01, 35A.47 and 47.24 RCW. 12.02.020 Purpose. The purpose of this title is to regulate the acquisition, management, and disposal of public Right of Way, easements for city utilities, public access, and surface drainage; the development and management of public infrastructure to include, but not limited to, improvements in streets, sidewalks, illumination systems, water, sanitary and stormwater sewers utility systems, and non-motorized facilities used for transportation purposes within the corporate limits of the city; and to promote public safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to: A. Minimize congestion and promote safe and convenient travel by the public on streets and highways within the City of Auburn; B. Promote the effective access to adjoining land; C. Provide for adequate street and sidewalk standards to include illumination, for motorized, non-motorized, and pedestrian facilities; D. Establish procedures to regulate work within Public Ways; E. Establish standards on street grades for accommodation of emergency services of fire and police; F. Regulate the condition of sidewalks in the City for public safety and to promote compliance with the American Disability Act; G. Promote streetscape aesthetic improvements and regulate trees within and adjacent to public Right of Way; H. Facilitate temporary uses of Right of Ways and easements by others while preserving Public Ways for the common public benefit; I. Provide for safe access to public streets for developing properties; J. Implement the goals, objectives and policies of the Auburn comprehensive plan; K. Prevent or abate public nuisances; (Ord. 4772 _ 1, 1995; Ord. 4501 _ 2, 1991; Page 1 of 17 Revision: 12/30/97 E: \Share\ORD5042C.doc Exhibit "A" Ord. 4296 _ 2, 1988.) L. Provide the necessary infrastructure to facilitate the regulation of vehicles and traffic as regulated in Title 10 ACC; M. Preserve sufficient Public Way capacity for the city's future development requirements for city owned utilities dependent upon city Public Ways and easements; and N. Assure that Right of Way uses by others is regulated to prevent future conflicts with the operation and maintenance of city owned utilities. 12,02.030 Scope. All streets, alleys, and public roadway easements, developed and undeveloped recorded Right of Ways, short plat tracts for roadway purposes, and/or any real property dedicated by Council action establishing the intent to utilize such real property for "public" use as roadway, non-motorized, or pedestrian purposes lying within the corporate boundaries the City of Auburn. 12,02.040 Administration, With exception of ACC Chapter 12.56 Airports which is administered by the Director of Planning Department, this title shall be administered by the Director of the Public Works Department. The Directors are responsible for designation of staff to develop uniform procedures to implement the standards and procedures set forth herein. In the absence of the Public Works Director the City Engineer will act in his/her behalf. 12.02.050 Enforcement. The City Engineer is responsible for the enforcement of all codes and regulations necessary to assure the safe, unencumbered, and unobstructed public use of public Right of Ways and Public Ways as defined herein and regulated under this Title 12. 12.02.060 Definitions A. "Affiliate" means an entity which (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with Franchisee. For purposes of this definition, the term "own" means to own an equity interest (or the equivalent thereof) of more than ten (10) percent. B. "City Property" means and includes all real property owned by the City, other than Public Ways and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City. C. "Conduit" Means any pipeline, duct, or protective enclosure for electrical conductors, coaxial cable, multi-conductor cable, or fiber optic cable, communications trunkline or used for conveyance of gas, petroleum, or other commercial products. D. "Conflict" Means the City's use of the same physical space for repair of existing city infrastructure or for accommodating additional future City improvements within the same physical space within Public Ways would be impacted or severely limited by facilities proposed by other persons due to the lack of physical capacity to accommodate new facilities within close proximity of existing infrastructure. E. "Emergency" means a condition of imminent danger to the health, safety Page 2 of 17 Revision: 12/30/97 E: \Share\ORD5042C.doc and welfare of persons or property located within the City including, without limitation, injury to persons or damage to property from natural or manmade events, such as, but not limited to, storms, earthquakes, riots or wars. F. "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the public way that is or will be available for use for additional telecommunications or other commercial utility facilities. G. "Facilities" includes, but is not limited to, "Overhead Facilities", "Telecommunication Facilities", "Public Facilities", and "Underground Facilities" as defined herein: 1. "Overhead Facilities" means utility poles, illumination poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities; 2. "Telecommunication Facilities" means the plant, equipment, and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services; 3. "Underground Facilities" means City and private utility and telecommunication facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities. 4. "Public Facilities" means the streets, curb, gutter, sidewalks, illumination system, water, storm water, and sanitary sewer utility systems which are developed and dedicated for public use and benefit, and are owned and operated by the City. 5. "Private Utility Facilities" means those conduits, poles, wires, pipelines, ducts, pedestals, antennae, and other appurtenances owned and operated by a public/private utility company. H. "FCC" means Federal Communications Commission, or successor governmental entity thereto. I. "Franchise" shall mean the initial authorization agreement, or renewal thereof, approved by an ordinance of the City Council, which authorizes the franchisee to construct, install, operate, or maintain any commemial facilities subject to franchise in, under, over, or across Public Ways of the City for provision of services to any person within the City. J. "Franchisee" means a commercial enterprise possessing a franchise granted by the City of Auburn, or the lawful successor, transferee, or assignee thereof. K. "Motorized Facilities" means those public street transportation facilities which lie between the curbs or shoulders of a roadway intended primarily for public use by the motoring public and commercial vehicles. L. "Non-Motorized Facilities" means those transportation facilities which lie within a public Right of Way or public easement which are intended to be utilized primarily by either pedestrians or non-motorized vehicles such as bicycles. M. "Pedestrian Facilities" means those public transportation facilities which lie within a public Right of Way or public easement which are intended to be utilized exclusively by pedestrians. Sidewalks and trails where bicycles are restricted are Page 3 of 17 Revision: 12/30/97 E: \Share\ORD5042C. doc I I I examples. N. "Person" means a natural person, as well as legal entities such as, but not limited to, a corporation, partnership, limited liability company, general or limited partnership, sole proprietorship, joint stock company, trust corporation, business trust, trustees, receivers, legal representatives, and any other form of business association or entity, or a governmental entity. O. "Public Way(s)" shall mean the surface of, the air space above the surface, and the space below the surface of any public street, including, but not limited to, any public alley, bridge, land path, trail, court, circle, round about, boulevard, drive, tracts, Right of Way or sidewalk under the jurisdiction of the City as now, or in the future, laid out, improved or unimproved within the limits of the CITY presently and as such limits may be hereafter extended. P. "Public Works" means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or which is by law a lien or charge on any property within the City. (RCW 39.04.10) Q. "Right of Way(s)" means the area(s) of land designated for transportation purposes. (RCW47.14) For other City streets and transportation regulation purposes, Right of Way(s) shall mean any, every and all of the highways, streets, sidewalks, alleys, and tracts either owned by the City as is now, or in the future, improved or unimproved within the limits of the CITY presently and as such limits may be hereafter extended. R. "Utility easement" means any easement in which the City holds an interest in or an interest has been acquired, established, dedicated or devoted for City utility purposes. Page 4 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc EXHIBIT B Chapter 12.04 PUBLIC WORKS CONSTRUCTION Sections: 12.04.010 Adoption of Standard Plans, Specifications, Details, and Design Standards. 12.04.020 Contracts - Conformance to Standard Plans, Specifications, Details, and Design Standards. 12.04.030 Severability 12.04.040 Standard Plans, Specifications, Details, and Design Standards - Copies filed. 12.04.050 Authorities for Infrastructure and Right of Way Management 12.04.010 Adoption of Standard Plans, Specifications, Details, and Design Standards. A. Adopted - Standard Plans A manual of specific plans or drawings developed, adopted and titled "Standard Plans (M21-01) for Road, Bridge, and Municipal Construction" prepared by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter; the latest publication and amendments thereto, as supplemented and amended by the City Engineer for specific construction applications and for conformance with adopted city design standards; hereinafter referred to as the "standard plans" is adopted by reference. B. Adopted - Standard Specifications The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition publication and amendments thereto which includes the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter, as supplemented and amended by the City Engineer for specific construction applications and for conformance with adopted city design standards, hereinafter referred to as the "standard specifications" is adopted by reference. Page 5 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc C. Adopted - Standard Details A manual of specific plans or drawings developed and adopted by the City of Auburn, Department of Public Works which show frequently recurring components of work that have been standardized for repetitive use; as supplemented and amended by the City Engineer for specific construction applications and for conformance with adopted city design standards, hereinafter referred to as the "standard details" is adopted by reference. D. Adopted - Transportation Design Standards A manual of specific plans or drawings developed and adopted by the City of Auburn, Department of Public Works which show frequently recurring infrastructure standards for each respective classification of City street as approved by the Public Works Committee, supplemented and amended by the City Engineer for specific construction applications and for conformance with adopted city design standards, hereinafter referred to as the "transportation standards" is adopted by reference. 12.04.020 Contracts - Conformance to Standard Plans, Specifications, Details, and Design Standards. All public works construction contracts of the city, including but not limited to streets and sidewalks, stormwater and sanitary sewers, and water distribution systems, shall conform to the specifications adopted in ACC 12.04.010. (Ord. 5042, 1997.) Furthermore, all work within City Public Ways performed by others subject to ACC 12.24 "Construction Permits" shall conform to the same standards. 12.04.030 Severability If any provision of this chapter or the standard plans, specifications, or details adopted by reference in section 12.04.020 of this chapter and effective from and after December ??, 1997, or their application to any person or cimumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or cimumstances shall not be affected. (Ord. 5042, 1997.) 12.04.040 Standard Plans, Specifications, Details, and Design Standards. Copies filed. Under the provisions of RCW 35A.12.140, the ordinance codified in this chapter shall be published as required by law, but the aforementioned standard plans, specifications, or details adopted by reference in section 12.04.020 of this chapter need not be published but shall be authenticated and recorded with the Auburn City Clerk, and not less than one copy of each such standard documents in the form in which it was adopted shall forthwith be filed in the office of the Auburn City Clerk for use and examination by the public. (Ord. 5042, 1997.) 12.04.050 Authorities for Public Infrastructure and Right of Way Management A. Develop and Publish City Standards The City Engineer or his/her designee shall develop, implement and publish standard details and specifications for all public works after review and approval by the Public Works Committee. The City Engineer or his/her designee shall establish standard Page 6 of 17 Revision: 12/30/97 E: \Share\ORD5042C.doc practices for regulation of all work within the Public Way by all Persons to include, but not limited to, franchise public/private utilities and entities possessing a Right of Way agreement and/or permit to assure the public's safety, welfare and interest is protected. B. Management of Record Drawings The City Engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all public infrastructure to include, but not limited to, improvements in streets, sidewalks, illumination systems, pavement condition surveys, water, sanitary and stormwater sewers utility systems. C. Survey Record Controls The City Engineer or his/her designee shall develop office procedures for establishing horizontal and vertical control registration of existing and future development within the Urban Growth areas of the City. Procedures will utilize both City and private development record drawings and survey efforts to continue to maintain an accurate current database for future reference. The City will provide the most current benchmark geodetic survey data to new developers and for city construction projects at the administrative cost of providing the service, and require in exchange, at no cost to the City, the developer and/or City project sponsors to provide equal quality record drawings in Autocadd drawing file format at completion of the development and/or City project to update records reflecting survey controls of the new development and/or city infrastructure. D. Subdivision Records The City Engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all recorded plats and short plats. E. Management of Right of Way, Easements, and Extensions of Public Facilities by Private Developers The City Engineer or his/her designee shall develop office procedures for the safe keeping of record drawings of all public Right of Way, public access easements, city utility easements, cross drainage easements, and public facilities developed and dedicated to the City by private developers. The City Engineer will execute all documents necessary to accept and/or release easements for city utilities, drainage, slope protection, public access, and Right of Way, and acceptance of public facility extensions that are net dedicated through plats and short plats. For management of developer facility extensions, the City Engineer will develop procedures to receive developer deposits, accounting for the costs of reviewing and approving developer plans, and inspection of construction work performed by the developer, and reimbursement of City costs by developer funds. (©1997 Code Publishing, Inc.- Rev. 1296) Page 7 of 17 Revision:12/30/97 E:kShare\ORD5042C.doc EXHIBIT C Chapter 12.24 CONSTRUCTION PERMITS Sections: 12.24.010 Required. 12.24.020 Applications. 12.24.030 Engineer of Record. 12.24.040 Traffic Control Plan. 12.24.050 Performance Bond 12.24.060 Permit- Fee. 12.24.070 Construction Codes. 12.24.080 Decision - Permit term. 12.24.090 Contest of City Engineer's Decision. 12.24.100 Compliance with Permit. 12.24.110 Display of Permit. 12.24.120 Survey of Underground Facilities. 12.24.130 Non-complying Work. 12.24.140 Record Drawings. 12.24.150 Restoration After Construction. 12.24.160 Standards for construction. 12.24.170 Permittee's liability. 12.24.180 Release of Construction Surety. 12.24.190 Violation - Penalty. 12.24.200 Responsibilities of the Owner. 12.24.010 Required. All persons, including, but not limited to, franchise utilities, corporations, firms, companies, individuals, government agencies or officials, or any organization of any kind, who propose to install overhead or underground facilities, perform construction, or excavate into the surface of any city street, sidewalk or curb, or make any excavation through or underneath any city street, sidewalk or curb, in any street or alley in the city, or across City or public property, must obtain a permit to do so from the City Engineer prior to any proposed work. In the event of any conflict, regarding permitting of any work within City Public Ways or City easements, with any other chapter of this Code, the procedures set forth in this Chapter shall take precedence. (1957 code_ 8.13.010.) A. Prior to applying for a permit for construction or installation of facilities within the City's Public Ways the applicant will obtain any Business Registration, Franchise, and/or Right of Way Agreement required in accordance with Titles 5 and 20 of Auburn City Code. B. Prior to applying for a permit for use of or the construction of approved facilities on City owned or public property the applicant shall obtain a Facilities Lease from the City in accordance with Title 20 of Auburn City Code. The City Council reserves unto itself the sole discretion to lease City property for any purpose, and no Page 8 of 17 Revision: 12/30/97 E: \Share\ORDS042C. doc I I I vested or other rights shall be created by this Section or any provision of this Chapter applicable to such Facilities Leases. C. This chapter does not apply to Utility Permits issued under Title 13 of the City Code. 12.24.020 Applications. Applications for construction permits shall be submitted to the City Engineer upon forms to be provided by the City and shall be accompanied by drawings, plans, specifications, performance bond valued at 125% of the estimated cost of work including landscape and restoration work anticipated, and a brief narrative description of the project scope in sufficient detail to demonstrate: A. The identity of the applicant, including all affiliates of the applicant; B. A description of the services that are or will be offered or provided by the applicant to others; C. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: (1) The location and route requested for applicant's proposed facilities; (2) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route; (3) The location(s), if any, for interconnection with the facilities of other carriers; and (4) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. (5) The location of all facilities to be constructed within or immediately adjacent to the Public Ways on private property. Where use of private property is involved proof of easements will be required prior to permit issuance; (6) The location of all survey monuments which may be displaced or disturbed by the proposed construction. D. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its facilities on existing utility poles along the proposed route; E. If applicant is proposing an underground installation in existing ducts or conduits within the Public Ways, information in sufficient detail to identify: Page 9 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc (1) The excess capacity currently available in such ducts or conduits before installation of applicant's facilities; (2) The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's facilities; and (3) Evidence of ownership or a right to use such ducts or conduits. F. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the Public Ways: (1) The location proposed for the new ducts or conduits; and (2) The excess capacity that will exist in such ducts or conduits after installation of applicant's facilities. A preliminary construction schedule and completion date; H. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the services proposed, including, but not limited to, evidence that the applicant has registered the Washington Utilities and Transportation Commission where applicable; I. A permit fee as determined in Section 12.24.050 of this chapter. J. Proof of ability to meet city's bonding requirements as set forth in Section 12.24.050 when the permittee does not have an existing standing bond on file with the City sufficient to cover the scope of work proposed. K. Demonstration that the facilities will be constructed in accordance with City standards and all other applicable codes, rules and regulations; 12.24.030 Engineer of Record, Permit applications shall be accompanied by drawings, plans and specifications and identification of the name, telephone number, and address of the engineer having responsible charge of the scope of work covered by the permit. 12.24.040 Traffic Control Plan, All permit applications which involve work on, in, under, across, or along any Public Ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the latest edition of Manual on Uniform Traffic Control Devices, (MUTCD) as adopted by the Model Traffic Ordinance (10.04.010 ACC) and RCW 47.36.020 to prevent injury or damage to persons or property and to minimize disruptions to pedestrian and vehicular traffic. Page 10 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc 12.24.050 Performance Bond. All performance bonds for work in Public Ways shall satisfy the minimum standards established in the City's Standard Specifications as adopted in Chapter 12.04 ACC. Unless otherwise provided in a Right of Way agreement, permit, franchise, or lease agreement, a performance bond written by a corporate surety acceptable to the City equal to at least 125% of the estimated cost of removing the grantee's, permittee's, franchisee's, or lessee's equipment and facilities and restoring the Public Ways of the City and/or City-owned property to its substantially equivalent pre- construction condition shall be deposited before any construction is commenced. Said bond shall be required to remain in full force until 60 days after completion of the construction and/or improvements within the Public Ways of the City or upon City- owned property as determined by the City Engineer, and shall warrant all such restoration work for a period of 1 year by reduction to an amount approved by the City Engineer in the approximate amount of 10% of the original value of the performance bond during the period of warranty. The purpose of this bond is to guarantee removal of partially-completed work and/or non-conforming facilities, to fully restore the Public Ways of the City and City-owned property to its substantially equivalent pre- construction condition, and/or to cover unexpected deterioration of pavement structures precipitated by the grantee's work, and any other permitting requirements established in the permit as required by the City Engineer. 12.24.060 Permit Fee. A. The City Engineer shall have charge of issuing construction permits to all persons upon the application for the permit to perform any work within the city's Public Ways, easements, or upon city or public property. The City Engineer shall provide application forms to be completed by each applicant. Prior to permit issuance, the City Engineer, or his/her designee shall assure that a fee for the permit is deposited with the Finance Department The fees shall be based upon the City's average administrative and inspection labor costs as of the passage of this ordinance. The Finance Director will issue the annual adjustment to the above rates effective January 1st of each calendar year based upon the cost of living increase for the Seattle-Everett area. The annual adjustment will be rounded to the nearest dollar amount for ease of accounting. The fees are based upon the length of excavation, and/or overhead work involved as follows: Excavation Rates: Length of Excavation (feet) Fee 0 - 30 $76.00 (Basic Fee) 31 - 100 110.00 101 - 250 179.00 251 - 499 351.00 500 - 999 419.00 For every 100 linear feet over and above 1000, add to the above rate the current value of one hour of inspection labor ($34.36). Page 11 of 17 Revision: 12/30/97 E:\Share\ORD5042C.doc Overhead Rates: Overhead rates are based upon the duration of the permit, allowing one hour of inspection time per day. The inspection fee shall be calculated using the current hourly labor rate for inspection times the estimated number of workdays in the project schedule. The total permit fee shall be the Basic Fee above, plus the inspection fee. In lieu of the above standard rates, the City Engineer or his/her designee may calculate the fee based upon current labor rates for administrative and inspection staff after developing an estimate of staff effort involved. For projects that are expected to involve significantly more than a 1000 feet of street excavation or when the scope or duration cannot be accurately estimated, the City Engineer may establish a deposit account to manage permittee deposits in advance of permit issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will not be interest bearing and will be closed at the end of the permitted work when a final accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permittee. B. The permit fee will be collected at the time the permit is issued. Upon approval of the application by the City Engineer, a permit will be issued to the person paying for the permit. (Ord. 3358_ 1, 1979; 1957 code_ 8.13.020.) 12.24.070 Construction Codes. All construction within City Public Ways or easements shall comply with the City's street standards as established in ACC Chapter 12.04. 12.24.080 Decision - Permit term. After submission of all plans and documents required of the applicant and payment of the permit fees required by this Chapter, the City will determine whether the applications, plans and documents comply with all requirements of this Chapter. Once all City requirements are met the City shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the schedule, place and manner of performing the work as may be necessary or appropriate in the interest of public safety or welfare. The permit to be issued by the City Engineer shall be valid only for the time designated on the permit. The City Engineer shall designate the length of time that the permit shall be valid at the time the permit is issued. The City Engineer shall exemise his/her discretion and shall have the sole power to decide whether or not a permit shall be issued at that time, providing that the decision of the City Engineer may be changed by the City Council upon the review of the merits of a complaint of any person being denied such a permit. (1957 code 8.13.030.) - Page 12 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc I I I 12.24.090 Contest of City Engineer's Decision. Any person aggrieved by the granting or denying of a Construction Permit pursuant to this Chapter shall have the right of review by the Public Works Director as follows: A. All complaints filed pursuant to this Section must be filed in writing with the Public Works Director within 10 working days of the date of the decision being contested; B. All complaints 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 City Engineer's decision, which shall constitute the basis of the complaint; C. Upon receipt of a timely written notice of complaint, the Public Works Director shall review the materials submitted and determine whether to uphold or modify the City Engineer's decision. If in the Public Works Director's judgment, the City Engineer's decision should be amended in favor of resolving the complaint, he shall so direct the same. If the Director upholds the City Engineer's decision he shall prepare a written staff paper detailing the rationale of the City Engineer's decision and a findings of fact for conduct of a hearing by the Hearings Examiner. D. The Public Works Director shall schedule the hearing before the Hearing Examiner in accordance with ACC Chapters 18.66 and 1.25.100 and notify the contesting party of the scheduled hearing in accordance with ACC 18.70.040. 12.24,100 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 City shall be provided access to the work and such further information as may be required to ensure compliance. 12.24,110 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 the City Inspector at all times when construction work is occurring. 12.24.120 Survey of Underground Facilities. If the Construction 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 at permittee's expense. 12.24.130 Non-complying Work. Upon order of the City Engineer, all work which does not comply with the permit, the approved plans and specifications for the work, or the City's standards and Page 13 of 17 Revision: 12/30/97 E: \Share\ORD5042C. doc requirements as established in Section 12.04 of this Title, shall be remedied to comply with standards or removed at permittee's expense. 12.24,140 Record Drawings, Within 60 days after completion of construction or in accordance with a separate agreement with the City Engineer, the permittee shall furnish the City with a computer disc with record drawings in Autocadd drawing file format and a complete set 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 permit. The City Engineer shall have the discretion to prescribe the format and/or media of said record drawings, consistent with City codes and policies. 12.24.150 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, landscaping, fixtures, structures, and facilities in the public 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 WAC 332-120 and the Auburn Benchmark System second order, first class specifications. The referencing and replacement of survey monuments shall be performed by a licensed land surveyor. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair, or replacement performed by the permittee shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. The City Engineer or his designee shall have final approval of the completeness of all restoration work. 12.24.160 Standards for construction. The terms under which the construction and/or the repair thereof are to be made by the permittee shall be stated and printed on the permit. The City will inspect the construction site before and after the construction to assure the permittee has completely repaired the area to the satisfaction of the City. Any person or persons who fail to comply with the City's permit by not completing repairs thereof in accordance with the requirements of the City shall not be granted any further permits requested in future applications until such time as the cost of the proper repair or construction has been fully paid for by the permittee. (1957 code _ 8.13.040.) 12.24.170 Permittee's liability. Any person regulated under this chapter shall be liable to the city for all losses or damages claimed by any persons as a result of the negligence or failure of the person securing a permit to take all necessary precautions to protect the public and the city in the performance of any construction activities. (1957 code _ 8.13.050.) Page 14 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc 12.24.180 Release of Construction Surety. Upon completion of work and associated restoration work and payment of all fees to the satisfaction of the City Engineer or his/her designee, the performance bond will be released. 12.24.190 Violation - Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 _ 4, 1991; 1957 code _ 8.13.060.) 12.24.200 Responsibilities of the Owner. The owner of the facilities to be constructed and, if different, the grantee, franchisee, or lessee, is responsible for performance of and compliance with all provisions of this Chapter. (©1997 Code Publishing, Inc. - Rev. 1296) Page 15 of 17 Revision:12/30/97 E:kShare\ORD5042C.doc EXHIBIT D Chapter 12.60 RIGHT OF WAY PERMITS AS ADOPTED Sections: 12.60.010 Purpose-Issuance-Authority-Requirements. 12.60.020 Fee. 12.60.030 Street banners- When allowed- Permit required 12.60.040 Evaluation/Determination Standards. 12.60.010 Purpose-Issuance-Authority-Requirements. The purpose of regulating Right of Way uses is to assure that proposed uses are consistent with public health, safety, and welfare of the community, and that any harm or nuisance which may result from a proposed use is prevented. The Public Works Committee of the City Council shall have the authority to issue, deny, or terminate Right of Way permits for utilization of public Right of Ways within the city limits. The City Engineer shall establish procedures to administer the permit program. Decisions regarding issuance, renewal, denial, or termination of any such permits shall be subject to insurance requirements, bond requirements, hold harmless agreements, evaluation of competing public interest, and other administrative details determined and administered by the City Engineer. 12.60.020 Fee. The Right of Way use permit will require a non-refundable application fee of $25.00 for a permit to cover a 30-day period or less. A single 30-day extension period may be granted to the applicant upon receipt of a written request absent any known reasons for denial. Permits for 60 days or longer shall have a non-refundable application fee of $75.00 and shall expire at the end of five (5) years from the date of issuance unless sooner terminated by the Public Works Committee, or the term of the Right of Way permit is extended beyond the five (5) year period by agreement with an applicant(s) and approved by ordinance. Upon each anniversary of the permit the applicant must show proof of insurance. The application fee for a Right of Way use permit shall be paid to the Director of Finance at the time the application is filed; provided, however bona fide governmental agencies of the federal government or the state of Washington or subdivisions thereof shall be exempt from payment of said fee. 12.60.030 Street banners-When allowed-Permit required. Street banners of a nonpolitical nature advertising civic events sponsored by a nonprofit organization may be installed at a pre-designated location within the 200 block of East Main Street for a period not exceeding two weeks in duration. Requests to install banners shall be made by application to the City Engineer who shall have the Page 16 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc authority to administer the issuance of any such permits. The application shall be made on forms provided by the City Engineer, and issuance of any of such permit shall be subject to insurance requirements, bond requirements, hold harmless agreements, and other administrative details as administered by the City Engineer 12.60.040 EVALUATION/DETERMINATION STANDARDS: In preparation of the staff recommendation to the Public Works Committee the City Enqineer will consider as a minimum the followinq criteria: A. The financial and technical ability of the applicant. B. The leqal ability of the applicant. C. The capacity of the Riqht of Ways to accommodate the aPPlicant's proposed facilities or use. D. The remainina caDacitv of the Riqht of Ways to accommodate other uses if the applicant's proposed use is qranted. E. Any interference with existin(~ city facilities or utilities. F. Any interference with existinq private facilities or utilities. G. Any damaqe or disruption, if any, of public or private facilities, service, travel, or landscaping if the authorization is qranted. H. The effect, if any, on public health, safety, and welfare if the authorization is qranted. I. The availability of alternate sites for the ProPosed use. J. Verification that use is compliant with the federal Americans With Disabilities Act (ADA). K. Such other factors as may demonstrate that the qrant to use the Riqht of Ways will serve the community interest. Page 17 of 17 Revision:12/30/97 E:\Share\ORD5042C.doc