Unless exempt under SVMC § 9.50.010(A), (B), or (C), a right-of-way permit is required of any person or entity who performs construction work or otherwise engages in activity that creates an obstruction within existing City rights-of-way, easements, or other City-owned property reserved for the travelling public. A right-of-way permit authorizes a permittee to perform work or conduct activity in a right-of-way, easement, or other City-owned property reserved for the travelling public.
Permits shall not be required for the following:
A. 
Work done by or for the City within its rights-of-way, easement, and/or City-owned property.
B. 
Work that is two hours or less in duration, and (1) maintains 10 feet of travel width in each direction on a nonarterial street, (2) does not close any lanes on an arterial street, (3) does not involve excavation within the rights-of-way, and (4) does not involve cutting or placement of pavement, sidewalks, curbs or gutters.
C. 
Owner or tenant provided maintenance of residential landscaping; provided, that all work remains outside of the roadway. For the purposes of SVMC § 9.50.010(C), maintenance of residential landscaping does not include placement of any object including but not limited to any structure, building, plant, vegetation, landscaping material, or tree within the right-of-way. All such objects shall be deemed nuisances and subject to enforcement pursuant to Chapter 7.05 SVMC.
(Ord. 25-008 § 3, 2025)
Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the date of issuance, with a one-time 30-day extension available. Right-of-way permits issued between October 1st and March 31st shall be valid until the following April 30th with one or more 30-day extensions or to a date determined by city engineer.
(Ord. 25-008 § 3, 2025)
In the case of an emergency repair, a private or public utility may commence work prior to obtaining a permit, provided the person responsible for the work obtains a construction and right-of-way permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period.
(Ord. 25-008 § 3, 2025)
A. 
No right-of-way permit shall be issued unless a written application is submitted and approved by the City. The application shall, at a minimum, contain the following:
1. 
Construction plans or drawings approved by the City, if required;
2. 
A traffic control plan;
3. 
The period of time during which the right-of-way will be obstructed;
4. 
Proof that the contractor(s) and all subcontractor(s) meet state and City licensing requirements; and
5. 
Insurance policies for the contractor(s) and subcontractor(s) pursuant to SVMC § 9.50.120.
B. 
Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans prepared by a Washington-licensed engineer at the applicant's sole cost and expense.
(Ord. 25-008 § 3, 2025)
Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. In addition to any other penalty, fee, or claim authorized by law, any party responsible for work or other activities for which a permit is required pursuant to this chapter but not obtained prior to the work or activity, shall be required to obtain the necessary permit, the cost of which shall be double the cost of the necessary permit in accordance with the currently adopted Spokane Valley master fee schedule.
(Ord. 25-008 § 3, 2025)
Applications shall be submitted not less than three business days before any work or activity is planned to commence. The City shall not be responsible for any delays in issuance of a permit for any reason including but not limited to the application missing information, the complexity of the project, staffing levels, the extent of traffic control, or traffic control conflicts. The City encourages applicants to submit complete applications as soon as possible. Applicant shall notify the City 48 hours in advance of work commencing in the City-owned right-of-way, easements, or City-owned properties. Applicant shall notify the City within one business day of the completion of work contemplated by the subject permit. Construction notification signage shall be required for permitted work durations longer than six days and shall identify project contractor and contact information in accordance with Spokane Valley Street Standards Chapter 9.7.1.
(Ord. 25-008 § 3, 2025)
All work within the City rights-of-way, easements, or on City-owned property shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to the Spokane Valley street standards; the Spokane Regional Stormwater Manual; the Inland Northwest Regional Pavement Cut Policy; the State of Washington adopted Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA).
(Ord. 25-008 § 3, 2025)
In the event it is necessary to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion.
(Ord. 25-008 § 3, 2025)
Any person or company that performs construction work or otherwise engages in activity within the existing City rights-of-way, or on City-owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the State of Washington adopted MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way.
Any person setting up or maintaining traffic control devices is required to have a valid traffic control flagger card from the state of Washington or as otherwise allowed pursuant to WAC 296-155-305(6).
(Ord. 25-008 § 3, 2025)
All damage to existing public or private infrastructure and/or property during the progress of the construction work or activity shall be the responsibility of the permittee or in the case where no permit was issued, the responsible party. Methods and materials for such repair shall conform to adopted City standards. If the permittee or responsible party fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee or responsible party. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the permittee's bond filed with the City. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law.
(Ord. 25-008 § 3, 2025)
A. 
If the permittee fails to restore any City right-of-way, easement, or City-owned property to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within three years from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things necessary to restore the right-of-way and/or easement and to complete the right-of-way construction work.
B. 
The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights provided under this section by commencing a court action or pursuant to Chapter 17.100 SVMC. No additional permits shall be granted until the invoice for City-performed work has been paid. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law.
(Ord. 25-008 § 3, 2025)
Prior to the commencement of work within the right-of-way, the applicant shall furnish the City satisfactory evidence in writing that the persons and/or entities performing the work have in force, during the performance of the construction work or activity, commercial general liability insurance of not less than $2,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. The City may increase the amount of insurance coverage for larger jobs as necessary to protect the interest of the public. In addition, the policy shall name the City as an additional named insured. The City may reduce or remove the insurance limits if good cause exists, such as for residential landscaping completed by the owner or tenant.
(Ord. 25-008 § 3, 2025)
The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under this chapter except as may be caused by the sole negligence or willful conduct on the part of the City. However, should a court of competent jurisdiction determine that indemnity provision is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the permittee and the City, its officers, officials, employees, and volunteers, the permittee's liability hereunder shall be only to the extent of the permittee's negligence.
(Ord. 25-008 § 3, 2025)
To implement the provisions of this chapter and provide for the public health and safety, the City, under the supervision of the city manager or designee, may develop and adopt rules, policies and forms consistent with this chapter. All adopted rules, policies and forms shall be filed with the city clerk.
(Ord. 25-008 § 3, 2025)
A violation of this chapter constitutes a nuisance and is subject to all enforcement actions and penalties pursuant to Chapter 17.100 SVMC. This section in no way limits the authority of law enforcement to enforce parking prohibitions and/or traffic laws. Further, nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law.
(Ord. 25-008 § 3, 2025)
The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of Chapter 9.50 SVMC shall rest with the permit applicant and their agents, or the responsible party of unpermitted work. Chapter 9.50 SVMC and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations.
(Ord. 25-008 § 3, 2025)