For the purpose of this chapter the following words, terms and phrases are hereby defined and shall have the meaning herein given to them. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
"Maintenance," "maintaining" or "maintained"
shall mean relaying, repairing, replacing, examining, testing, inspecting, removing, digging, excavating and restoring operations incidental thereto.
"Permittee"
shall mean any person, company, partnership or corporation or its successors and assigns holding a permit to dig, excavate in, construct, lay, maintain and operate over, across, upon, along and under the present and future streets, alleys, sidewalks, curbs, roads, thoroughfares, parkways, bridges, and public property and other places in the city of Colville.
"Person"
shall mean any person, firm, association or corporation.
"Public works director"
shall mean the public works director or their duly authorized representative.
"Streets and alleys"
shall mean and include streets, alleys, sidewalks, curbs, roads, highways, thoroughfares, parkways, bridges, viaducts, public grounds, city rights-of-way and public improvements within the city of Colville.
(Ord. 1728 NS § 1, 2025)
It shall be unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or in any way obstruct or disturb any streets, rights-of-way and alleys in the city of Colville or to fill in, place, leave or deposit in or upon any streets or alleys any earth, refuse, gravel, rock or other material or thing tending to obstruct, disturb or interfere with the free use of the same without first having obtained a permit and without complying with the provisions of this chapter; provided, however, that in case of any emergency arising other than during normal office hours, when an immediate excavation may be necessary for the protection of public or private property, the same shall be reported to the public works department and the necessary excavation may be made upon the express condition that an application be made in the manner herein provided on or before noon of the following business day.
(Ord. 1728 NS § 1, 2025)
Permittee shall make application to the public works department for a permit and in connection therewith shall file a bond in the minimum sum of $10,000, or such other sum as is established by the public works department, conditioned on faithful performance of the terms of the permit and holding the city of Colville harmless from any loss, damage, cost or expense of any nature which may accrue to or be asserted against the city of Colville by reason of any activities of permittee, its successor or assigns under this chapter.
In addition, said bond shall also be conditioned that permittee will comply with all of the provisions of this chapter and, in case the permit authorizes cutting into or under any streets or alleys in the city, said bond shall be further conditioned that the person acting under said permit shall replace the portion of said streets and alleys affected thereby and shall restore the same at permittee's expense to as good or better condition within the time specified by the public works department, and that said permittee will maintain such street or alley so restored for a period of two years from and after such restoration. Settlement of the street or alley within a two-year period from the time the original work is completed shall be considered conclusive evidence of defective backfilling by the permittee. Acceptance of the work by the public works department shall not prevent the city from making a claim against the permittee for uncompleted or defective work if the same is discovered within two years of said acceptance. The fact that an inspector was present during the progress of any construction shall not relieve the permittee from responsibility for defects discovered after the completion of the work.
(Ord. 1728 NS § 1, 2025)
Permittee shall at the time of applying for a permit as herein provided agree to indemnify and save the city of Colville harmless from any and all liability, loss, cost, damage or expense from accident or damage, either to himself or to persons and property of others, which may occur by reason of the exercise of the rights and privileges granted under said permit; and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect and filed evidence thereof with the public works department a good and sufficient policy (or policies) of insurance covering both personal injury and property damage with said policy (or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the state of Washington, naming the city of Colville as an additional insured, conditioned to indemnify and save harmless the city of Colville from and against any and all claims, actions, suits, liability, loss, costs, expense or damage of any kind or description which may accrue to or be suffered by anyone by reason of the erection, construction, reconstruction, relocation, replacing, readjustment, repair, maintenance or operation authorized pursuant to said permit or by reason of anything that has been done or may be done by the permittee hereunder which may in any way cause liability by reason thereof, said policies to remain in full force and effect during the exercise of the rights and privileges granted herein by permittee, its successors or assigns. Minimum amounts per occurrence shall be determined through internal administrative guidelines. Insurance requirements will be determined prior to permit issuance.
(Ord. 1728 NS § 1, 2025)
A. 
Application for a permit shall be made with the public works department on forms provided by the department. With reference to public utilities, natural gas, electric and communications, hereinafter referred to as "utilities," the public works director may adopt rules and regulations not inconsistent with this chapter authorizing a permit for such utilities when utilizing such utilities' own workforce on a project or planned seasonal basis. All other applicants shall seek permits on a project basis only. All permittees shall obtain a business license prior to the issuance of any permit hereunder.
B. 
The application shall be accompanied by plans, profiles and specifications of sufficient detail to allow the public works director or their authorized representative to:
1. 
Understand the nature of the work, the exact location and extent of the work.
2. 
Make a determination that if the permit is issued, that the street and alley will be restored to the requirements of the city of Colville; and
3. 
Have an accurate record of the type and location of the facility being installed in and/or under the roadway.
In addition, the public works department may require additional drawings, surveys, and plans as they deem necessary to determine whether the proposed work conforms to standard specifications of the city of Colville and sound engineering and design practices.
C. 
Upon receipt of the approved application and such other requirements as they deem necessary, together with the appropriate payment of a fee, the public works department shall issue the permit. The permit fees shall be calculated by the public works department.
(Ord. 1728 NS § 1, 2025)
In case any public street, alley, pavement, curb, sidewalk or like improvement shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and distributed, and at all times maintained throughout such excavation work, such barriers, lights, signs, flagmen and other safety devices as may be required by the public works department and/or the city police department, and in accordance with all state and federal standards. Failure to do so shall constitute a violation of this chapter.
(Ord. 1728 NS § 1, 2025)
During construction, traffic shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of abutting property and to the general public; provided, that the public works director may permit the closing of streets or alleys to all traffic for a designated period of time if, in his opinion, it is necessary. The permittee shall route and control all traffic, including its own vehicles, as directed by the street department. Before any street or alley may be closed or restricted to traffic, the permittee must receive the approval of the public works department.
If the permittee is working within a bus route or school zone, the permittee will be required to notify First Student Transportation or Colville School District with the following information:
A. 
Location of work.
B. 
Expected dates of work/closure.
C. 
Expected times of day the work will be conducted during the dates of work/closure.
D. 
Will closure be a full or half closure of the roadway.
E. 
Will flaggers be present on the work location.
(Ord. 1728 NS § 1, 2025)
A. 
Once work under the permit is commenced, the permittee shall diligently complete the work in such a manner as to be of a minimal inconvenience to the public.
B. 
Inspections of the work shall take place by the public works department as follows:
1. 
Compaction: restoration and backfill of the trench, pothole, bell hole and keyhole. Each shall be compacted in lifts using the industry standard equipment to tamp the backfill material to 95 percent density. Controlled density fill (CDF) may be used and acceptable in some situations – please refer to local jurisdiction design standards or local inspector for further guidance before any use of CDF.
Note: CDF is an acceptable method of backfill to meet compaction per WSDOT specifications [2-09.3(1)E Backfilling];
2. 
Prior to placement of crushed rock.
Note: The city of Colville has the right to require new fill materials if the native/existing fill materials are deemed unsuitable for use;
3. 
Prior to placement of temporary patch and/or first lift of permanent patch;
4. 
After placement of second lift of permanent patch; and
5. 
Additional inspections – no call required:
a. 
Eight to 12 months after completion; and
b. 
Twenty to 24 months after completion.
The city of Colville may require the permittee to verify existing customer sewer service within the scope of the work.
The city of Colville may require a site walk be performed prior to permit being approved.
If, at any time during the duration of the work, any city utilities are found in the work area along with customer sewer services, the permittee shall notify the public works department immediately.
(Ord. 1728 NS § 1, 2025)
A. 
All work performed under a permit as authorized herein shall be pursuant to the latest edition of the Standard Specifications for Road, Bridge and Municipal Construction. In addition, work performed under the permit shall meet the following requirements:
1. 
All street cuts and/or trenches shall be permanently or temporarily patched prior to opening the street to vehicle traffic, except when a flagger(s) is continuously present.
2. 
All pavement cuts shall be made with a saw and shall be recut after placement of top rock. Crushed rock surfacing shall be a minimum of eight inches wide on each side of the original cut, or greater, if necessary, as determined by the public works department.
3. 
Final asphalt shall be placed in two or more lifts to a depth of three inches minimum or that of the existing roadway, if greater. Each lift shall be no more than two inches deep, compacted. For concrete streets, concrete shall be placed to a minimum depth of six inches or equal to existing street, whichever is greater.
4. 
Crushed Rock. Top rock, five-eighths minus, on residential local access streets shall be placed to a depth of eight inches or to match existing street, whichever is greater. All other streets, collectors and arterials shall be placed to a depth of 12 inches or to match existing street, whichever is greater.
5. 
In cases where a trench is generally running parallel to the roadway and more than 100 feet in length, the permittee shall remove the existing roadway to the outer edge of the roadway in such cases where the outer edge of the permittee's trench is within four feet of the edge of the roadway.
6. 
In cases where trenches are generally perpendicular to the roadway, such as side services, and the number is such that it represents more than one trench per 75 feet of street for a given block and the total number of trenches exceeds eight, the permittee or entity owning or operating the utility for which the service lines are being installed shall be required to:
a. 
Overlay the street if the existing surface pavement is less than three years old; and
b. 
Pay to the city of Colville a sum representing 33 percent of the cost of an overlay based on the most current overlay project cost to the city of Colville if the existing surface is between three and five years old;
c. 
The city of Colville reserves the right to require the permittee to overlay all or any portion of the roadway in such case as the roadway (old bituminous streets) is so fragile that the work of the permittee will, or has, destroyed the integrity of the roadway;
d. 
All manholes, water valves, etc., shall be post-adjusted after patching is complete in accordance with city of Colville standard details.
The city of Colville may require the permittee to move the location of the proposed work at the discretion of the public works director.
(Ord. 1728 NS § 1, 2025)
If the permittee shall have failed to restore the surface of the streets and alleys to their original and proper condition upon the expiration of the time fixed by such permit, or upon the completion of the work allowed to be done under such permit, the public works department shall have the right to do all work necessary to restore the street. The permittee shall be liable for the expense thereof upon the bond filed at the time of granting the permits, and the city of Colville shall have a cause of action for all fees, expenses and amounts paid out upon such works; provided, that in any case, it shall be the duty of the permittee to guarantee and maintain the area disturbed for two years after returning it to its original condition; provided further, that if, in the judgment of the public works department, it is not expedient to replace the pavement over any cut or excavation made in any street or alley upon the completion of the work allowed under such permit, by reason of the looseness of the earth or weather conditions, they may direct the permittee to lay a temporary pavement or other suitable material to remain until such time as the repair of the original pavement may be properly made, and in case of the failure of the permittee to commence in good faith the replacing of such temporary pavement within five days after the date of such notice, the public works department may lay such temporary pavement themselves and collect the cost thereof from the permittee in the manner hereinbefore provided.
(Ord. 1728 NS § 1, 2025)
From the dates of November 1st through March 1st, there shall be no digging permits issued with the exception of emergencies, or unless otherwise agreed upon by the public works department.
(Ord. 1728 NS § 1, 2025)
Once the permittee has completed the scope of the permit and completed the work provided within the scope of the permit, the permittee shall notify the public works department of completion via email or phone call to close out the permit.
(Ord. 1728 NS § 1, 2025)
A. 
The city of Colville has the right to change, manipulate, or adjust any and all provisions of the permit.
B. 
The city of Colville has the right to deny any permit.
(Ord. 1728 NS § 1, 2025)
A. 
Failure to comply with any part of this policy may result in the denial of future permits.
B. 
After three notices of noncompliance, the City of Colville shall send a notice to comply within 10 working days or all future permits may be denied until the problems have been corrected.
C. 
A meeting shall be arranged with the public works department and a plan of action to prevent future noncompliance shall be presented before the issuance of any new permits.
D. 
An appeal can be applied for in writing to the city of Colville.
E. 
Noncompliance activities include, but are not limited to:
1. 
Failure to take out a permit.
2. 
Failure to maintain temporary patches.
3. 
Failure to make permanent repairs.
4. 
Failure to make emergency repairs.
5. 
Failure to make warranty repairs.
6. 
Failure to send back as-built information.
7. 
Failure to inform the city of Colville of asphalt/work completion date.
8. 
Failure to follow traffic control measures, as required.
(Ord. 1728 NS § 1, 2025)