[1]
Note: Chapter 10.22 repealed and reenacted by Ord. 27834 Ex. A, 2009-09-22.
A. 
Purpose. This chapter provides principles, procedures, and associated funding for the placement of Structures and Facilities, construction Excavation encroachments and Work activities within or upon the public Rights-of-Way, and to protect the integrity of the road system. To achieve these purposes, it is necessary to require Permits of users of the public Rights-of-Way and to establish Permit procedures.
B. 
Objectives. Public and private uses of Rights-of-Way for location of Facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the City must ensure that the primary purpose of the Rights-of-Way and passage of pedestrian and vehicular traffic is maintained to the greatest extent possible. The use of the Rights-of-Way will not unreasonably limit or encroach upon the public’s right to travel on said Rights-of-Way or the ancillary right to occupy said Rights-of-Way for utility purposes. In addition, the value of other public and private installations, roadways, Facilities, and properties should be protected; competing uses must be reconciled; and the public safety preserved. The use of the Rights-of-Way corridors by private users is secondary to these public objectives and the movement of traffic. This chapter is intended to strike a balance between the public need for efficient, safe transportation routes and the use of Rights-of-Way for location of Facilities by public and private entities. It, thus, has several objectives:
1. 
To ensure that public safety is maintained and that public inconvenience is minimized;
2. 
To protect the City’s Infrastructure investment by establishing repair standards for the pavement, Facilities, and property in the Rights-of-Way, when Work is accomplished;
3. 
To facilitate Work within the Rights-of-Way through the standardization of regulations, by establishing clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of the use of Rights-of-Way, and permit and manage reasonable access to the Rights-of-Way on a competitively neutral basis;
4. 
To maintain an efficient Permit process and assure that the City’s current and ongoing costs of granting and regulating private access to and use of the Rights-of-Way are fully paid by the Persons seeking such access and causing such costs;
5. 
To conserve the limited physical capacity of the Rights-of-Way held in public trust by the City;
6. 
To establish a public policy for enabling the City to discharge its public trust consistent with the evolving federal and state regulatory policies, industry competition, and technological development;
7. 
To promote cooperation among the Permittees and the City in the occupation of the Rights-of-Way, and Work therein, in order to (a) eliminate duplication that is wasteful, unnecessary, or unsightly; (b) lower the Permittee’s and the City’s costs of providing services to the public; and (c) minimize street cuts; and
8. 
To assure that the City can continue to fairly and responsibly protect the public health, safety, and welfare.
(Ord. 27834 Ex. A, 2009-09-22)
For the purpose of this chapter the following words shall have the following meanings:
“Annual permit”
means the Permit described in Section 10.22.050I of this chapter. The cost of the Annual Permit will be in accordance with Section 10.22.080B of this chapter.
“Applicable law”
means any Local Law or federal or state statute, law, regulation, or other legal authority governing any of the matters addressed in this chapter.
“Billable work order”
means funding to be provided by a Permittee for Work for which a Permit is required under Section 10.22.080 to cover the City’s actual costs, including, but not limited to, design review and approval, administration, and inspection of the privately designed plans for the construction of City-owned Infrastructure in the public Rights-of-Way.
“City”
means the City of Tacoma, Washington. General references to “City” are not intended to refer to the City’s Utilities Department, which is to be governed as any other Permittee or Owner under this chapter, unless the context of a specific provision otherwise provides.
“Contractor”
means a Person, partnership, corporation, or other legal entity who undertakes to construct, install, alter, move, remove, trim, demolish, repair, replace, Excavate, or add to any improvements covered by this chapter, that requires Work, workers, and/or equipment to be in the Rights-of-Way in the process of performing the above-named operations.
“Developer”
means the Person, partnership, corporation, or other legal entity who is improving a parcel of land within the City and who is legally responsible to the City for the construction of improvements within a subdivision or as a condition of a building Permit.
“Director”
means the Director of Public Works of the City or his or her authorized representative.
“Emergency”
means any event which may threaten public health or safety, or that results in an interruption in the provision of services, including, but not limited to, damaged or leaking water or gas conduit systems; damaged, plugged, or leaking sewer or storm drain conduit systems; damaged electrical and communications Facilities, and advanced notice of needed repairs is impracticable under the circumstances.
“Excavate” or “excavation”
means to dig into or in any way remove or penetrate any part of the Rights-of-Way.
“Facility” or “facilities”
means, including, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber-optic lines, antennae, poles, street lights, ducts, fixtures and appurtenances, and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utility and other services.
“Infrastructure”
means any public Facility, system, or improvement including, without limitation, water and sewer mains and appurtenances, storm drains and Structures, stormwater facilities, streets, alleys, traffic signal poles and appurtenances, conduits, power poles, signs, landscape improvements, sidewalks, and public safety equipment.
“Landscaping”
means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems.
“Local law”
means any Tacoma City Charter provisions, ordinances, regulations, rules, standards, or other legal authority adopted by the City governing any of the matters addressed in this chapter.
“Owner”
means the lawful owner of Facilities subject to provisions of this chapter.
“Permit”
means any authorization for use of the Rights-of-Way granted in accordance with the terms of this chapter and Local Law.
“Permittee”
means the holder of a valid Permit issued pursuant to this chapter.
“Person”
means any Person; firm; partnership; special, metropolitan, or general district; association; corporation; company; or organization of any kind, except as otherwise provided herein.
“Right-of-way design manual” or “design manual” or “City of Tacoma right-of-way design manual”
shall mean and refer to the manual applicable to construction of all street and right-of-way improvements as adopted by the Director of Public Works and effective on or about January 7, 2016, and any amendments, updates, or revisions made thereto, and on file with the Public Works Department.
“Rights-of-way”
means the public streets and easements which, under Applicable Law, the City has regulatory authority, and any license, or Permit granting any right to or use thereof, excluding railroad rights-of-way, airport, and harbor areas. Rights-of-Way, for the purpose of this chapter, do not include buildings, parks, poles, or similar facilities or property owned by or leased to the City, including, by way of example and not limitation, Structures in the Rights-of-Way such as utility poles and light poles.
“Specifications”
means regulations, policies, and standards adopted by the City.
“Structure”
means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, foundations, fences, retaining walls, awnings, balconies, and canopies.
“Work”
means any labor performed in connection with construction, maintenance or repair of Facilities impacting the Rights-of-Way and all related appurtenances, fixtures, improvements, sidewalks, driveway openings, bus shelters, bus-loading pads, streetlights, and traffic signal devices. It shall also mean construction, maintenance, and repair of all underground Structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar Structure located below surface, and installation of overhead poles used for any purpose.
(Ord. 27834 Ex. A, 2009-09-22; Ord. 28330 Ex. C, 2015-11-24)
A. 
Enforcement. The Director, or his or her duly authorized agent, is hereby authorized and directed, and it shall be his or her duty, to enforce all the provisions of this chapter, Chapter 10.14 (Driveways), Chapter 10.18 (Sidewalks – Construction, Reconstruction and Repair), Chapter 10.20 (Sidewalks – Repairs Pursuant to Agreement) and Chapter 10.24 (Streets – Installation of Utilities), and any rules, interpretations, standards, manuals, and administrative procedures promulgated hereunder; provided that, all such rules, interpretations, standards, manuals, and administrative procedures shall be available to the public during business hours at the Public Works Department. Such duty shall include, but not be limited to, the approval of plans and Specifications for any construction, barricade, or Excavation; issuance of Permits; establishment and collection of engineering inspection charges, repairs of cuts, and reconditioning of streets; inspection of constructing sidewalk, curb, gutter, grading, paving, storm and sanitary sewers, retaining walls, driveways, or any other construction, barricade, or Excavation in any street or alley; keeping of necessary records; and gathering of evidence for the assistance in apprehending and prosecuting violators.
B. 
Interpretation; rules and regulations. The Director shall have the authority to render interpretations of this chapter, Chapter 10.14 (Driveways), Chapter 10.18 (Sidewalks – Construction, Reconstruction and Repair), Chapter 10.20 (Sidewalks – Repairs Pursuant to Agreement) and Chapter 10.24 (Streets – Installation of Utilities). The Director may adopt reasonable rules, policies, standards, manuals, and administrative procedures, including the City of Tacoma Right-of-Way-Restoration Policy (hereinafter “Policy”) and the Right-of-Way Design Manual, to implement and enforce the provisions of these chapters. Such interpretations, rules, policies, standards, manuals, and administrative procedures shall be in conformity with the intent and purpose of these chapters and shall be made available to the public during business hours at the Public Works Department. The Director is authorized to amend and update, as necessary, such rules, policies, standards, manuals, and administrative procedures.
C. 
Compliance. All restoration activities and other work within the Rights-of-Way subject to the provisions of this chapter, Chapter 10.14 (Driveways), Chapter 10.18 (Sidewalks – Construction, Reconstruction and Repair), Chapter 10.20 (Sidewalks – Repairs Pursuant to Agreement) or Chapter 10.24 (Streets – Installation of Utilities), shall conform to the interpretations, rules, policies, standards, manuals, and administrative procedures adopted by the Director of Public Works under authority of this chapter, including, by way of example, the City of Tacoma Right-of-Way-Restoration Policy and the Right-of-Way Design Manual.
(Ord. 27834 Ex. A, 2009-09-22; Ord. 28330 Ex. C, 2015-11-24)
A Permittee’s rights hereunder are subject to the police powers of the City, which include the power to adopt and enforce Local Law, including amendments to this chapter, necessary to protect the safety, health, and welfare of the public. A Permittee shall comply with all Local Law enacted, or hereafter enacted, by the City. The City reserves the right to exercise its police powers, notwithstanding anything in this chapter and any Permit to the contrary. Any conflict between the provisions of the chapter or a Permit and any other present or future lawful exercise of the City’s police powers shall be resolved in favor of the latter.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
No Person shall grade, pave, level, alter, construct, repair, remove or Excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, public sewer, water main, conduit, fuel tank, vault, or any other Structure or improvement located over, under, or upon any street, alley, or other public place, or place any Structure, building materials, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, damage, disturb, or interfere with the free use thereof or any improvement situate therein, or cause a dangerous condition thereon, without first obtaining a Permit in writing from the Director.
B. 
No Permittee shall perform Work in an area larger, at a location different, or for a longer period of time than that specified in the Permit or Permit application. If, after Work is commenced under an approved Permit, it becomes necessary to perform Work in a larger or different area than originally requested under the application or for a longer period of time, the Permittee shall notify the Director immediately and, within 24 hours, shall file a supplementary application for the additional Work if required by the Director.
C. 
The applicant may subcontract the Work to be performed under a Permit, provided that the Permittee shall be and remain responsible for the performance of the Work under the Permit and all insurance and financial security as required.
D. 
In the City, the physical construction of public Infrastructure in new developments is the responsibility of the Developer of the land. Ownership of that Infrastructure remains with the Developer of the land until acceptance by the City. Any Developer of land where Work is undertaken on Infrastructure that is within the Rights-of-Way, but prior to acceptance by the City, shall obtain a Permit from the City. The City will not accept public Infrastructure improvements where Work performed is not in accordance with applicable City Specifications and applicable provisions of this chapter.
E. 
Any Person or utility found to be conducting any Excavation activity within the Rights-of-Way, without having first obtained the required Permit(s), shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a Permit before Work may be restarted.
F. 
No Permit shall be assignable and no Person shall allow his or her name to be used to obtain a Permit or Permits for any other Person; provided, however that a Contractor may obtain a Permit on behalf of an Owner, in which case both the Contractor’s and the Owner’s name shall appear on the Permit.
G. 
All applications for such Permit shall be signed by the Person, or his duly authorized agent, who desires to do the Work designated in said application. Said Permit will become void 30 days after the date of issue, unless otherwise provided in the Permit or unless extended or revoked by the Director.
H. 
No Permit shall be issued where it appears that the Work to be done, or any part thereof, conflicts with the provisions of this chapter.
I. 
Notwithstanding anything in this Section 10.22.050 to the contrary, for entities that undertake regular, routine maintenance or other limited Work that physically impacts the Rights-of-Way or disrupts traffic in the Rights-of-Way not lasting more than one day, the Director may grant Annual Permits to allow for such Work without the need for obtaining individual Permits on each occasion. The Director may, in his reasonable discretion, consistent with the needs of public safety and welfare, limit the kinds of Work that will be subject to Annual Permits and may attach conditions to the granting of any Annual Permits. Permittees shall notify the Director 24 hours in advance of performing routine maintenance or other limited Work if the Work will impact traffic for more than one day or if lane closures are required during peak traffic hours. Permits issued for Work accomplished under an Annual Permit in arterial streets shall require an approved traffic control plan in accordance with Section 10.22.140 of this code. Permits issued for Work accomplished under an Annual Permit in all other streets shall utilize traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and the City’s Traffic Control Manual and are not required to submit site specific traffic control plans for such Work.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
An applicant for a Permit to allow Work in the Rights-of-Way under this chapter shall:
1. 
File a written application, on forms furnished by the City, which include the following: (a) the date of application; (b) the name and address of the applicant; (c) the name and address of the Developer, Contractor, or Subcontractor licensed to perform Work in the Rights-of-Way; (d) the exact location of the proposed Work activity; (e) the type of existing public Infrastructure (street pavement, curb and gutter, sidewalks, or utilities) impacted by the Work; (f) the purpose of the proposed Work; (g) the dates for beginning and ending the proposed Work; (h) proposed hours of Work; and (i) type of Work proposed;
2. 
Include an affirmative statement that the applicant or its Contractor is not delinquent in payments due the City’s Department of Public Works on prior Work;
3. 
Attach copies of all Permits or licenses (including City of Tacoma business license and required insurance, deposits, bonding, and warranties) required to do the proposed Work, and to Work in the Rights-of-Way, if licenses or Permits are required under the laws of the United States, the state of Washington, or Local Law; provided, however, that for any Permittee holding an Annual Permit under Section 10.22.050I, the Permittee may certify, in a sworn statement upon a form approved by the City, that its required licenses and Permits are current, correctly filed, and will remain so during the entire term of the Annual Permit. If relevant Permits or licenses have been applied for, but not yet received, provide a written statement so indicating. Copies of any such Permits or licenses shall be provided to the City within 48 hours after receipt;
4. 
At the discretion of the Director, provide a satisfactory plan of Work, acceptable to the Director, showing protection of the subject property and adjacent properties;
5. 
At the discretion of the Director, provide a satisfactory plan for the protection of existing Landscaping, acceptable to the Director, when the Department of Public Works determines that damage may occur;
6. 
Include a signed statement verifying that all orders issued by the Department of Public Works to the applicant, requiring the applicant to correct deficiencies under previous Permits issued under this chapter, have been satisfied. This verification shall not apply to outstanding claims which are honestly and reasonably disputed by the applicant if the applicant and the Department of Public Works are negotiating in good faith to resolve the dispute;
7. 
At the discretion of the Director, include, with the application, engineering construction drawings or site plans for the proposed Work;
8. 
Include with the application a satisfactory traffic control and erosion protection plan for the proposed Work and any required National Pollutant Discharge Elimination System (NPDES) discharge permit; and
9. 
Pay the fees prescribed by the Tacoma Municipal Code.
B. 
Applicants shall update any new information on Permit applications within ten days after any material change occurs.
C. 
Joint applications. Applicants may apply jointly for Permits to Work in the Rights-of-Way at the same time and place. Applicants who apply jointly for Permits may share in the payment of the Permit fee. Applicants must agree, among themselves, as to the portion each shall pay.
(Ord. 27834 Ex. A, 2009-09-22)
Every Permit shall require that the Person performing the work shall:
A. 
Unless a City entity, be a state of Washington licensed and bonded contractor. Contractors working on behalf of the City shall also be a state of Washington licensed and bonded contractor;
B. 
Give the Director 24 hours’ notice prior to and upon completion of such Work. Should the schedule of Work to be performed under an Annual Permit be revised, the Permittee shall notify the Director as soon as practicable;
C. 
Carry on such Work in conformance with the City’s general Specifications in effect at the time of issuance of said Permit;
D. 
Diligently prosecute the same to completion;
E. 
Comply with such additional conditions and provisions as may be prescribed by the Director;
F. 
Except for City departments or Contractors working for City departments, deliver to the City, prior to the issuance of a Billable Work Order permit, a bond in the sum equal to the value of the Work to be performed, but, in any event, not less than $15,000, in a form to be approved by the City Attorney and with surety approved by the Director of Finance. Such bond shall be conditioned on the faithful conformance with the provisions of this chapter, and shall be further conditioned that the Permit applicant shall carry out and complete such Work within the specified time and according to the terms of such Permit furnished by the Director and according to the City’s general Specifications. Such bond shall be continuously in effect from the date of issue and may be further conditioned to cover all Permits issued to the applicant; provided, that such bond by its terms provides that the same shall not be canceled unless and until the Director is given a written notice of such intention to cancel a minimum of ten days before the effective date of said cancellation. Such bond shall further provide that it shall remain in full force and effect until the completion of any and all Work which has been commenced, or is to be commenced, pursuant to any Permits issued prior to the effective date of cancellation. The bond shall remain in force and effect until acceptance of all work by the City.
Except for Billable Work Order permits, deliver to the City prior to issuance of a Permit, a bond in the sum amount of $15,000, in a form to be approved by the City Attorney and with surety approved by the Director of Finance. Such bond shall be conditioned on the faithful conformance with the provisions of this chapter and shall be further conditioned that the Permit applicant shall carry out and complete such Work within the specified time and according to the terms of such Permit furnished by the Director, and according to the City’s general Specifications. Such bond shall be continuously in effect from the date of issue and may be further conditioned to cover all Permits issued to the applicant; provided, that such bond by its terms provides that the same shall not be canceled unless and until the Director is given a written notice of such intention to cancel a minimum of ten days before the effective date of said cancellation. Such bond shall further provide that it shall remain in full force and effect until the completion of any and all Work which has been commenced, or is to be commenced, pursuant to any Permits issued prior to the effective date of cancellation. The bond shall remain in force and effect for a minimum of one year after completion and acceptance of any street cut or Excavation.
Exceptions: (1) Persons or corporations with a valid City sign erector’s license shall not be required to post a bond or other surety to be issued Permits to work in public Rights-of-Way; (2) the Director may waive or reduce the bond obligation for an applicant who requests a Permit to replace a sidewalk or other project located in City Rights-of-Way and is immediately abutting the applicant’s property and where the value of the Work to be performed is less than $15,000; (3) for entities that undertake regular, periodic Work in the Rights-of-Way and receiving an Annual Permit, as described in Section 10.22.050I TMC, the Director may accept a single bond in an amount to be determined in the Director’s reasonable discretion, in lieu of the requirement to obtain individual bonds on each occasion; and (4) the Director shall have the discretion to reduce the bond obligation down to 30% of the value of work proposed as determined by the City, for building developers where the amount of the reduced bond is deemed sufficient to protect the City, but in no event to an amount less than $15,000. To qualify for this reduced obligation, the Principal must have a favorable previous construction history in the City of Tacoma. This reduced obligation does not apply to Assignments of Funds. When an Assignment of Funds account (cash deposit) is used, it must secure the full value of work proposed as determined by the City.
1. 
Upon the City’s determination of failure to perform as required by the bond and according to the terms of the Permit, the Principal shall be considered to be in default. A Principal in default shall be subject to a 5 year period of an increased bond obligation. This period shall state that the individual and entity obligated under the bond shall be subject to an increased (150% of the amount of the work being guaranteed) minimum bond requirement for all projects going forward.
2. 
Where work for which a permit is required by City Code is commenced prior to obtaining required permits, the fees specified in this Code, including plan review fees, shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with applicable Codes in the execution of the work, nor from any other penalties prescribed. In no case shall such double fee be less than $200.
In addition to the above, after the five-year period the Principal individual and entity performing the unpermitted work shall not qualify for a reduced bond obligation but instead shall be imposed with an increased minimum bond for all projects from that day forward. The increased minimum bond shall be an amount equal to 100% of the value of work proposed as determined by the City.
G. 
Except in the case of a City department, or a Contractor working for a City department, deposit with the Director a sum, to be computed based upon the itemized estimated cost of the Work as determined by the Director, for repair of cuts and reconditioning by reason of sewer, water pipe, conduit, gas pipe, cable, or other Excavation to be done by the City at the expense of the Permittee. If the said Work by the City exceeds the initial deposit, the Director will, upon determining the actual size of the repair or cut, bill the Permittee the balance of the charge.
(Ord. 27834 Ex. A, 2009-09-22; Ord. 28500 Ex. A, 2018-04-10)
A. 
A Permittee is required to obtain a Billable Work Order Permit to cover the City’s actual costs, including, but not limited to, design review and approval, administration, and inspection of the privately designed plans for the construction of City-owned Infrastructure in the public Rights-of-Way. City-owned Infrastructure may include, but is not limited to, the construction of sanitary sewers, storm drainage, permanent alley paving, permanent street paving and associated appurtenances, street lighting, and traffic signalization.
B. 
Every Person that undertakes regular, routine maintenance, or other limited Work in the Rights-of-Way shall, by January 31 of each year, deposit with the City Treasurer an amount calculated by the Director to cover the cost of Work likely to be performed by the City under that Billable Work Order during the succeeding 12 months. The City may draw upon that deposit to cover its costs. In the event excess funds remain in the operator’s Billable Work Order account at the end of the year, such excess shall be refunded or credited to the next year’s Billable Work Order. The Director, at any time, may require a Permittee to replenish the amount deposited if it appears that the initial deposit or subsequent deposits will be exhausted during the course of the year. No Permit issued shall be valid or of any force or effect if an operator fails to make the required deposits.
(Ord. 27834 Ex. A, 2009-09-22)
Except for City departments and unless otherwise specified in a franchise agreement between the Permittee and the City, prior to the granting of any Permit, the Permittee shall provide to the City the insurance coverages and shall indemnify the City in the same amounts and in the same manner as required for street occupancy permits in Chapter 9.08 TMC.
(Ord. 27834 Ex. A, 2009-09-22)
At least three days prior to working in any portion of a street commonly used as a thoroughfare requiring closure to vehicular traffic, the Permittee shall give written notice thereof to the Chief of the Fire Department and shall give written notice upon completion of said Work. If access to a fire station will be obstructed at any time during construction, the Permittee shall submit a plan of action to be approved by the Chief of the Fire Department at least 30 days prior to any activities that result in such obstruction. At least five days prior to obstructing access to the fire station, the Permittee shall give written notice to the Chief of the Fire Department confirming the date that the obstruction will commence.
(Ord. 27834 Ex. A, 2009-09-22)
If, in the judgment of the Director, the nature of the Work shall be such, under the provisions of this chapter, as to require inspection, engineering, and/or design review on behalf of the City, either during the progress of the same or after the completion thereof, or both, the City may inspect and/or design, perform design review or survey the same, and charge the Permittee for actual costs, including administrative overhead performed on a time and materials basis. If the provisions of this chapter are not performed to the satisfaction of the Director, then said Director may cause the necessary Work to be done to comply with the provisions of this chapter at the expense of the Person doing such Work.
(Ord. 27834 Ex. A, 2009-09-22)
A Permittee shall maintain a safe Work area, free of safety hazards. The City may make any repair necessary to eliminate any safety hazards not performed as directed. Any such Work performed by the City shall be completed and billed to the Permittee at the City’s actual cost. The Permittee shall pay all such charges within 30 days of the statement date. The City shall not issue any further Permits of any kind to said Permittee until all outstanding charges (except those outstanding charges that are honestly and reasonably disputed by the Permittee and being negotiated in good faith with the City) have been paid in full.
(Ord. 27834 Ex. A, 2009-09-22)
All Work covered by the Permit shall be completed by the date stated on the application. Permits shall be void if Work has not commenced 30 days after issuance, unless an extension has been granted by the Director. Bonds provided pursuant to the Tacoma Municipal Code for individual Permits will be returned after voiding of the Permit, with administrative and any other City costs deducted.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
When it is necessary to obstruct or impact vehicular or pedestrian traffic, and unless otherwise allowed by this code or in the discretion of the Director, a traffic control plan in accordance with the MUTCD shall be submitted to the City prior to starting construction. The traffic control plan shall include provisions to provide temporary pedestrian accessibility in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG), the Draft Public Rights-of-Way Accessibility Guidelines (PROWAG) and the MUTCD. No Permit will be issued until the plan is approved by the City. No Permittee shall block access to and from private property; block emergency vehicles; or block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing Structures, or any other vital equipment, unless the Permittee provides the City with written verification that it has provided written notice to the Owner or occupier of the facility, equipment, or property at least a minimum of three days in advance. If a street closing is desired, the applicant will request the assistance and obtain the approval of the Director. It shall be the responsibility of the Permittee to notify and coordinate all Work in the public Rights-of-Way with police, fire, ambulance, transit organizations, and other entities, as determined in the Director’s reasonable discretion. An approved traffic control plan shall be located on the construction site.
B. 
When necessary for public safety, the Permittee shall employ flag persons, whose duties shall be to control traffic around or through the construction site. The use of flag persons will be governed by the provisions of the MUTCD and may be required in other cases at the discretion of the Director.
C. 
Unless approved by the Director, the Permittee shall not impede rush hour traffic on arterial or collector streets during the morning or evening rush hours. No traffic lane shall be closed to traffic during the hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:00 p.m. without the approval of the Director. In addition, no construction shall be performed nor shall any traffic lane be closed to traffic between Thanksgiving day and New Year’s day within the downtown core and outlying business districts unless otherwise approved by the Director.
D. 
Traffic control devices, as defined in Part VI of the MUTCD, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the Permittee. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.
E. 
Unless necessary for protection of the workplace, nighttime Work area flood lighting shall not be allowed to spill out of the construction area in such a way as to disturb, annoy, or endanger the comfort, health, or peace of others.
F. 
The most current version of the MUTCD, or any successor publication thereto, shall be used as a guide for all maintenance and construction signing. The Permittee shall illustrate on the Permit the warning and control devices proposed for use. At the direction of the Director, such warning and control devices shall be modified.
G. 
Maintenance and construction signing. The Permittee shall be responsible for maintaining all Work area signing and barricading during construction operations, as well as any signs and barricades that are needed to protect roadway users and pedestrians during nonwork hours. During nonwork hours, all construction Work area signs that are not appropriate shall be removed or covered. Any deficiencies noted by the City shall be corrected immediately by the Permittee. If Permittee is not available or cannot be found, the City may make such corrections and the Permittee shall pay the actual costs plus a penalty of 50 percent of the amount thereof.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Rights-of-Way meetings. Permittee will make reasonable efforts to attend and participate in meetings of the City, of which the Permittee is made aware, regarding Rights-of-Way issues that may impact its Facilities, including planning meetings to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Permittee shall work with other similarly situated providers, licensees, Permittees, and franchisees so as to reduce, so far as possible, the number of Rights-of-Way cuts within the City and the amount of pedestrian and vehicular traffic that is obstructed or impeded.
B. 
Minimal interference. Work in the Rights-of-Way, on or near other public or private property, shall be done in a manner that minimizes interference with the rights and reasonable convenience of property owners and residents. Permittee’s Facilities shall be constructed and maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, Structures, or other Facilities that may have been laid in the Rights-of-Way by, or under, the City’s authority. The Permittee’s Facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of Persons or to interfere with new improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public property.
C. 
Underground construction and use of poles.
1. 
The construction, operation, and repair of Facilities in the Rights-of-Way are subject to the supervision of all of the authorities of the City that have jurisdiction in such matters and shall be performed in compliance with all Local Law affecting such Facilities. By way of example, and not limitation, this includes zoning codes, safety codes, and City construction standards, including the most current version of the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the Washington State Chapter of American Public Works Association (APWA), the most current version of the City of Tacoma Amendments to the WSDOT and APWA Standard Specifications, City of Tacoma Standard Plans, and the City’s Right-of-Way Restoration Policy, as amended. Permittees engaged in the construction, operation, or repair of Facilities in the Rights-of-Way shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
2. 
Construction, operation, or repair of Facilities in the Rights-of-Way shall not commence until all required Permits have been properly filed for and obtained from the proper City officials and all required Permits and associated fees paid. In any Permit so issued, the City may impose, as a condition of the granting of the Permit, such conditions and regulations as may be necessary to the management of the Rights-of-Way, including, by way of example and not limitation, for the purpose of protecting any Structures in the Rights-of-Way, for the proper restoration of such public Rights-of-Way and Structures, for the protection of the City and the public, and for the continuity of pedestrian and vehicular traffic.
3. 
Permittees of any Facilities in the Rights-of-Way must follow City-established requirements for placement of such Facilities, including the specific location of Facilities in the Rights-of-Way, and must, in any event, install Facilities in a manner that minimizes interference with the use of the Rights-of-Way by others, including others that may be installing similar Facilities. The Director may require that Facilities be installed at a particular time, at a specific line and grade, or in a particular manner as a condition of access to particular Rights-of-Way; may deny access if an operator is not willing to comply with the City’s requirements; and may remove, or require removal of, any Facility that is not installed in compliance with the requirements established by the City, or which is installed without prior City approval of the time, line and grade, or manner of installation and charge the operator of the Facility for all the costs associated with removal.
4. 
When required by Applicable Law, a Permittee’s Facilities shall be placed underground at no cost to the City. Placing Facilities underground does not preclude the use of ground-mounted appurtenances.
5. 
Where all Facilities are installed underground at the time of Permittee’s construction, or when all such Facilities are subsequently placed underground, all Permittee Facilities, including Facilities such as drops, which cross private property shall also be placed underground at no expense to the City. With respect to private property, the undergrounding shall be based upon mutual agreement with the private property owner or pursuant to RCW 35.96, as applicable. Whenever the Owners of poles locates or relocates underground within an area of the City, every Permittee with Facilities on the same poles shall concurrently relocate its Facilities underground at its expense. Related equipment, such as pedestals, must be placed in accordance with Local Law. In areas where existing Facilities are aerial, the Permittee may install aerial Facilities.
6. 
For above-ground Facilities, the Permittee shall utilize existing poles and conduit wherever possible.
7. 
The Director may, for good cause shown, exempt a particular Facility or group of Facilities from the obligation to locate or relocate Facilities underground, where relocation is impractical, or where the interest in protecting against visual blight can be protected in another manner. Nothing in the paragraph prevents the City from ordering Facilities to be located or relocated underground under other provisions of the Tacoma Municipal Code.
8. 
Tree trimming must be performed in strict accordance with the Tacoma Municipal Code.
9. 
To minimize disruption of public passage or Infrastructure, to forestall or relieve exhaustion of Rights-of-Way capacity, or to protect environmentally sensitive areas, the City may require, as a condition of issuing any Rights-of-Way Permit for placement of underground conduit in trenches or bores, that the holder of the Permit place empty conduits in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the City’s use, in accordance with Applicable Law. The Owner shall cooperate with the City in any such construction, provided that the City has first notified the Owner in some manner that it is interested in sharing the trenches or bores in the area where the Owner’s construction is occurring. The Owner shall allow the City to place its Infrastructure in the Owner’s trenches and bores as requested by the City, provided that the City incurs a proportionate share of the costs of trenching, boring, and placing the conduit/infrastructure.
The City shall be responsible for maintaining its respective Infrastructure buried in the Owner’s trenches and bores or otherwise placed in the Rights-of-Way under this section.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Excavations in the Rights-of-Way disrupt and interfere with the public use of City streets and damage the pavement and Landscaping. The purpose of this section is to reduce this disruption, interference, and damage by promoting better coordination among Permittees making Excavations in the Rights-of-Way and between these Permittees and the City. Better coordination will assist in minimizing the number of Excavations being made, wherever feasible, and will ensure the Excavations in the Rights-of-Way are, to the maximum extent possible, performed before, rather than after, the resurfacing of the streets by the City.
B. 
The Public Works Department may develop a capital projects layer on its GIS mapping system, entitled “Capital Improvement Projects,” where it will identify its capital improvement projects. Once established, all public and private utilities and operators of any communications or cable system shall identify and update their capital projects on the Capital Improvement Projects map, in accordance with Local Law. The Public Works Department, all utilities, and all communications or cable system operators are responsible for updating their capital improvement projects on no less than a calendar quarterly basis. The Director will hold semi-annual meetings to discuss capital project schedules with the intent to coordinate construction schedules to the extent practical.
C. 
Prior to applying for a Permit, any Person planning to Excavate in the Rights-of-Way shall review the Capital Improvement Projects map to coordinate, to the extent practicable, with the utility and street Work shown on such plans to minimize damage to and avoid undue disruption and interference with the public use of such Rights-of-Way.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Protection of utilities. Before beginning Excavation in any Rights-of-Way, a Permittee shall contact the regional notification center for subsurface installations (One-Number Locator Service) and, to the extent required by RCW 19.122, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other agencies that might have Facilities in the area of Work to determine possible conflicts.
B. 
The Permittee shall contact the One-Number Locater Service and request field locations of all Facilities in the area, pursuant to its requirements. Field locations shall be marked prior to commencing Work. The Permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus, which may be affected by the Work from damage during construction or settlement of trenches subsequent to construction.
C. 
Unless exempt under state law, each Owner that places Facilities underground shall be a member of the One-Number Locater Service and shall field mark the locations of its underground Facilities upon request. The Permittee shall locate its Facilities for the City at no charge.
D. 
In order to minimize inconvenience and disruption to the public, the publication of Work may be used to notify the public, as well as operators of other Facilities in the Rights-of-Way, of the impending Work. Except for emergencies and routine maintenance Work, and unless otherwise directed by the Director, a Permittee shall, at a minimum, provide notice of the Work to all adjacent property owners and tenants a minimum of five working days prior to start of construction. The notice shall be by letter, flyer, reader boards, door hangers, or comparable method, as approved by the Director, and shall advise of the construction schedule and include the Contractor’s name, a contact person, and telephone number.
E. 
Noise, dust, debris. Each Permittee shall conduct Work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the Work, the Permittee shall comply with the provisions of Chapter 8.122 TMC, and take appropriate measures to reduce dust and unsightly debris.
F. 
Hours of work. Permittee’s Work hours shall be limited to those hours identified in Section 8.122.090 TMC.
G. 
Trash and construction materials. Each Permittee shall maintain the Work site so that:
1. 
Trash and construction materials are contained so that they are not blown off of the construction site;
2. 
Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard; and
3. 
Trash dumpsters and storage or construction trailers are not placed in the Rights-of-Way without specific approval of the Director.
H. 
Deposit of dirt and material on roadways. Each Permittee shall utilize their best efforts to eliminate the tracking of mud or debris upon any street or sidewalk. Streets and sidewalks shall be cleaned of mud and debris at the end of each day. All equipment and trucks tracking mud and debris into the Rights-of-Way shall be cleaned of mud and debris at the end of each day or as directed by the Director.
I. 
Unless otherwise approved by the Director, a Permittee shall not stockpile in any Rights-of-Way any Structure, building materials, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, damage, disturb, or interfere with the free use thereof or any improvement therein. Stockpiling of materials shall not be allowed on permeable pavements without appropriate containment and/or protection facilities in accordance with the Stormwater Management Manual to ensure that no material can clog permeable pavement.
J. 
Protection of trees and landscaping. Each Permittee shall protect trees, Landscape, and Landscape features, as required by the City. All protective measures shall be provided at the expense of the Permittee.
K. 
Protection of paved surfaces from equipment damage. Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles that will damage pavement surfaces are not permitted on paved surface unless specific precautions are taken to protect the surface. The Permittee will be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the applicant’s performance/warranty guarantee by the City to repair any damage and, possibly, the requirement of additional warranty(s).
L. 
Protection of property. Each Permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The Permittee shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the Work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out Work in the public way.
M. 
Cleanup. As the Work progresses, all Rights-of-Way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All cleanup operations shall be done at the expense of the Permittee.
N. 
Preservation of monuments. A Permittee shall not disturb any surface monuments, property marks or survey hubs, and points found on the line of Work, unless approval is obtained from the Director. Any monuments, hubs, and points disturbed will be replaced by a Washington Registered Land Surveyor, at the Permittee’s expense in accordance with Applicable Law.
O. 
Each Permittee shall make provisions for employee and construction vehicle parking, so that neighborhood parking adjacent to a Work site is not impacted.
P. 
Each Permittee shall provide necessary sanitary facilities for workers.
(Ord. 27834 Ex. A, 2009-09-22; Ord. 28330 Ex. C, 2015-11-24)
A. 
If relocation of Facilities is required as a result of any public project, the Director shall provide at least 90 days’ notice to any Permittee and/or Owner of Facilities. Unless otherwise provided by Applicable Law, the Permittee and/or Owner shall thereupon, at no cost to the City, accomplish the necessary relocation within a reasonable time from the date of the notification, but, in no event, no later than seven working days prior to the date the City has notified the Permittee and/or Owner that it intends to commence its Work, or immediately in the case of emergencies. Upon the Permittee’s and/or Owner’s failure to accomplish such Work, the City or other public agencies may perform such Work at the Permittee’s and/or Owner’s expense and the Permittee and/or Owner shall reimburse the City or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, at a minimum, the condition which existed prior to construction by Permittee and/or Owner at Permittee’s and/or Owner’s expense. Notwithstanding the requirements of this section, a Permittee and/or Owner may request additional time to complete a relocation project. The Director shall grant a reasonable extension if, in his sole discretion, the extension will not adversely affect the public project.
B. 
In the event of an Emergency, or where any Facility in the Rights-of-Way creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of such Facility without prior notice, and charge the Permittee and/or Owner for costs incurred.
C. 
If any Permittee or Owner who is authorized to place Facilities in the Rights-of-Way requests another Person to protect, support, temporarily disconnect, remove, or relocate such Facilities to accommodate the construction, operation, or repair of the Facilities of such Permittee or Owner, the Person shall, after 30 days’ advance written notice, take action to effect the necessary changes requested. Unless the matter is governed by a valid contract or Applicable Law or unless the Facility that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the Permittee or Owner requesting the protection, support, temporary disconnection, removal, or relocation and at no charge to the City.
D. 
A Permittee or Owner of Facilities in the Rights-of-Way shall, on the request of any Person holding a valid Permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the Person requesting the same. A Permittee or Owner shall be given not less than 30 days’ advance notice to arrange for such temporary wire changes.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Notification of abandoned Facilities. Any Permittee or Owner that intends to permanently discontinue use of any Facilities within the Rights-of-Way shall notify the Director in writing of the intent to discontinue use. Such notice shall describe the Facilities for which the use is to be discontinued, a date of discontinuance of use, which date shall not be less than 30 days from the date such notice is submitted to the Director. With respect to City departments, notification to the Department of Public Works of plans that include information on abandoned Facilities shall constitute notice to the Director under this section. Upon notification, the Director will identify the following options available to the Permittee or Owner:
1. 
Abandon the Facility in place and the Permittee or Owner shall further convey full title and ownership of such abandoned Facilities to the City. The Permittee and Owner are responsible for all obligations of the Facilities, or other liabilities associated therewith, until the conveyance to the City is completed. At the discretion of the Director, the Permittee or Owner may be required to fill the abandoned underground Facility with controlled density fill.
2. 
Abandon the Facility in place and the Facility remains the property of the Permittee or Owner. The Permittee or Owner shall retain the responsibility for all obligations as Owner of the Facilities or other liabilities associated therewith. At the discretion of the Director, the Permittee or Owner may be required to fill the abandoned underground Facility with controlled density fill.
3. 
Facility shall be removed and the Permittee or Owner shall be liable for removing its abandoned Facilities at its own cost. This obligation to remove Facilities applies as well upon termination of any franchise agreement, unless alternative arrangements have been agreed to in writing. Permittee or Owner shall be obligated to restore affected property to the same or better condition as existed, in accordance with the City’s Rights of Way Restoration Policy, just prior to such removal, subject to any rights to abandon Facilities in place, as set forth in this section. If a Permittee or Owner fails to remove Facilities that the City requires it to remove, the City may perform the work and collect the cost thereof from Permittee or Owner.
B. 
The Director shall use reasonable discretion to determine a time period to remove Facilities based upon the size of the Facilities and scope of deployment throughout the City and based on whether such Facilities is above ground or underground. In no case shall a Permittee or Owner with Facilities deployed City-wide be provided less than 12 months to remove its Facilities, measured from the date the Permittee or Owner is ordered to remove its Facilities.
C. 
A Permittee or Owner shall file a written removal plan with the City not later than 30 calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the Work that will be performed, the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the City. The affected property shall be restored to as good or better condition than existed immediately prior to removal.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Any Person maintaining Facilities in the Rights-of-Way may proceed with repairs upon existing Facilities, without a Permit, when Emergency circumstances demand that the Work be done immediately. The Person doing the Work shall apply to the City for a Permit on or before the third working day after such Work has commenced. All Emergency Work will require prior telephone notification to the Tacoma Police Department and Tacoma Fire Department.
B. 
Notifications. If any damage occurs to an underground Facility or its protective covering, the Permittee, or his or her agent, shall notify the Facility’s operator promptly. When the Facility’s operator receives a damage notice, the Facility’s operator shall promptly dispatch personnel to the damage area to investigate. If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, or endangers life, health, or property, the Permittee, or his or her agent, responsible shall immediately notify the Facility’s operator and 911 and take immediate action to protect the public and nearby properties.
(Ord. 27834 Ex. A, 2009-09-22)
This chapter shall apply with equal force and effect to the Public Utilities Department in all cases where the Utilities Department makes, or seeks to make, any cuts, openings, or Excavations in, through, or under any Rights-of-Way or public place; provided, however, that the Public Utilities Department or Contractors working for it or for the City shall not be required to give any deposit or bond, as provided in this chapter. Notwithstanding the foregoing, Contractors working for the Public Utilities Department or for the City shall be licensed and bonded as required by Section 10.22.060A.1 of this chapter.
(Ord. 27834 Ex. A, 2009-09-22)
Each Facilities Permittee and/or Owner shall maintain maps or record drawings and improvement plans which show the location and approximate size of ground level and underground Facilities. Maps or record drawings shall be based upon post-construction inspection to verify location. Upon written request, the City may review a Permittee and/or Owner’s Facility maps or record drawings during normal business hours. To the extent that any maps or record drawings that may be provided to the City are proprietary under RCW 42.56.270(11) or any other provision of Applicable Law and noted as such in writing by the Permittee and/or Owner, or are otherwise protected from disclosure by any other provision of Applicable Law, the City shall protect the information from public disclosure, subject to Applicable Law.
(Ord. 27834 Ex. A, 2009-09-22)
Except as expressly provided otherwise, any act that a Permittee, its Contractors, or subcontractors is required to perform under this chapter shall be performed at their cost. If a Permittee fails to perform Work that it is required to perform within the time provided for performance, the City may perform the Work and bill the Permittee therefor. The Permittee shall pay the amounts billed within 30 days.
(Ord. 27834 Ex. A, 2009-09-22)
A. 
Utilities, whose Infrastructure is overhead, shall participate (if needing to remain in that particular Rights-of-Way), upon request, in LID conversions of said overhead utilities to underground. Private utilities shall provide estimates to the City at no cost. Should an LID be adopted by the City Council, utilities affected by the conversion shall participate and be reimbursed for the cost of the undergrounding.
B. 
Unless otherwise specified by the Director, each utility shall provide the preliminary cost estimate, Facility-conversion designs, and final cost estimates to the LID program representative within 60 days of request. At the request of the LID program representative, the utility shall perform underground construction and movement of customer connections underground (overhead reclaim) in coordination with the undergrounding services provided by the other LID utility participants.
C. 
If federal or state funds are made available to the City for conversion to underground LIDs, the property Owner(s) shall be permitted to share in such funds to the extent legally permissible.
(Ord. 27834 Ex. A, 2009-09-22)
All sections, subsections, provisions, and portions of this chapter shall be severable; and if any section, subsection, provision, or portion of this chapter is declared or ruled invalid or otherwise invalidated by any court or agency of valid jurisdiction, such declaration or ruling shall not affect the validity of any other section, subsection, provision, or portion of this chapter, and all other sections, subsections, provisions, and portions of this chapter shall remain in full force and effect.
(Ord. 27834 Ex. A, 2009-09-22)