[1]
For statutory authority for code cities to regulate and restrict use of public streets, see Chapter 35A.47 RCW.
It is unlawful for any person, persons, firm, association or corporation to excavate, alter, remove or perform any construction work in, on or under any city street right-of-way or in, on or under any city-owned sidewalk within the limits of the city, without first obtaining a right-of-way construction permit from the public works director of the city, or his designee.
(Ord. 24 § 1, 1899; Ord. 1745 § 1, 1994)
Applications for all right-of-way construction permits shall be submitted in writing on application forms provided by the public works director of the city. The application shall contain, in addition to other relevant information, plans and specifications for work to be performed, which shall include all restoration work.
(Ord. 1745 § 2, 1994)
A. 
All persons, firms, associations, and corporations shall:
1. 
Pay a fee of twenty-five dollars at the time of application for a right-of-way construction permit;
2. 
If construction is begun in the city right-of-way without first obtaining a construction permit, pay a fee of seventy-five dollars; and
3. 
If the city is required to re-inspect the project, pay a re-inspection fee of twenty-five dollars. No additional right-of-way construction permits shall be issued until such fee is paid.
B. 
All persons, firms, associations, and corporations shall pay a trench cut cost recovery fee based upon the age of the street and the length of the excavation as follows:
1. 
Longitudinal Excavations in City Streets.
Age of Street Pavement
Fee
Less than five years
$3.50/linear foot of excavation
Between five and ten years
$3.00/linear foot of excavation
Between ten and fifteen years
$2.00/linear foot of excavation
Over fifteen years
$1.00/linear foot of excavation
2. 
Transverse Excavations in City Streets.
Age of Street Pavement
Fee
Less than five years
$7.00/linear foot of excavation
Between five and ten years
$6.00/linear foot of excavation
Between ten and fifteen years
$4.00/linear foot of excavation
Over fifteen years
$2.00/linear foot of excavation
3. 
Age of Street Pavement. The age of the street pavement where excavation occurs shall be the period of time since the street surface was resurfaced, overlaid or constructed, measured from the fiscal year in which such works was completed to the fiscal year when a permit is issued for the excavation.
4. 
Length of Excavation. The fee for longitudinal and transverse excavations in city streets shall be calculated based on the length of the excavation in linear feet.
5. 
Longitudinal Excavations Definition. "Longitudinal excavations" are excavations made parallel to the direction of travel.
6. 
Transverse Excavations Definition. "Transverse excavations" are excavations transverse to the direction of travel.
C. 
Construction work undertaken by the city or under contract with the city or requested by the city shall be exempt from the provisions of this section.
(Ord. 2393 § 5, 2003)
A. 
The applicant, at the time of submitting an application for a right-of-way construction permit, shall notify all public and private utility entities known to be using or proposing to use the same right-of-way of the applicant's proposed construction and the proposed timing of such construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of such proposed construction for the purpose of coordinating other right-of-way construction with that of the applicant. The public works director, or his designee, may delay the commencement date for the applicant's right-of-way construction for ninety days or less, except in the case of emergencies, if the public works director, or his designee, finds that such delay will reduce the inconvenience to city street users from such construction activities, and if he finds that such delay will not create undue economic hardship on the applicant.
B. 
The public works director, or his designee, shall also coordinate the approval of right-of-way construction permits with city street improvements and maintenance and may delay the commencement date for the applicant's right-of-way construction for ninety days or less, except in the case of emergencies, upon making the findings described in subsection A of this section.
(Ord. 1745 § 6, 1994)
Prior to the issuance of any right-of-way construction permit, the public works director, or his designee, shall determine the amount of the performance bond or other acceptable form of security necessary to assure compliance with the approved construction plans, including restoration plans, and all applicable city and state regulations and standards, and to assure the health and safety of the users of the city street or right-of-way. The amount of the bond or other acceptable form of security shall be one hundred twenty-five percent of the estimated cost of the project. The applicant shall submit the bond by an approved surety, or other acceptable form of security, in the mount indicated. The performance bond or other acceptable form of security shall remain in full force and effect and shall not be released until two years after the right-of-way construction is completed and accepted by the public works director, or his designee. Construction work undertaken by the city, or under contract to the city, or requested by the city, shall be exempt from this requirement.
(Ord. 1745 § 7, 1994; Ord. 1850 § 3, 1996)
The right-of-way construction permit granted shall be in a form approved by and made subject to all reasonable and necessary terms and conditions imposed by the public works director, or his designee, of the city.
(Ord. 1745 § 8, 1994)
Violation of any provision of this chapter shall be grounds for immediate revocation of any permit previously granted hereunder. In addition, any person violating any of the provisions of this chapter may be charged with a civil infraction and, upon a determination by a court of limited jurisdiction that such infraction has been committed, shall be subject to a monetary penalty not to exceed five hundred dollars for each violation hereunder. Each day that such violation is allowed to exist shall be a separate violation of this chapter.
(Ord. 1745 § 9, 1994)
Any applicant whose application for a construction permit has been denied or revoked, or who disagrees with any term, condition of requirement imposed hereunder by the public works director, or his designee, except for civil infractions, may request review of the same by the city administrator of the city; provided, that such request for review is made in writing, specifies the particulars of the disagreement and files the same with the city administrator within five days of the action of the public works director. If the applicant is dissatisfied with the decision of the city administrator, the applicant may appeal the same to the city council. All such appeals shall be made in accordance with Section 8.26.080(B).
(Ord. 1745 § 10, 1994)