[1]
Code reviser's note: Ord. 7-2017 repeals the provisions formally codified in Article I of this chapter and renames the chapter. The Article I and Article II groupings were removed during codification.
The purpose of this policy is to provide administrative and procedural guidance needed to accommodate the installation and relocation of all above- and below-ground utilities which are located within the County road right-of-way.
(Formerly 2.10.200; Res. 108-1993; Ord. 14-2000 § 2)
A. 
This policy shall apply to all franchises and permits issued pursuant to RCW 80.32.010, 80.36.040 and Chapter 36.55 RCW, to all public and private utilities, and to all installation and relocation of utilities within the County road right-of-way, including but not limited to electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, irrigation and similar pipes, lines or cables.
B. 
This policy cannot address all situations and conditions that may be encountered. Specific provisions contained herein may not be appropriate for all locations and existing conditions. The policy is intended to assist, but not substitute for, competent work by both road and utility design and installation professionals. This policy is not intended to limit any innovative or creative effort which could result in better quality, better cost savings or improved safety characteristics.
C. 
It shall be the responsibility of any utility installing or relocating any of its facilities to ascertain and abide by the requirements and conditions of this policy.
(Formerly 2.10.210; Res. 108-1993; Ord. 14-2000 § 2)
Unless otherwise stated, words and phrases used herein shall have the following meanings:
"Appurtenance"
means equipment and/or accessories which are a necessary part of an operating utility system or subsystem.
"Backfill"
means replacement of excavated material with suitable material compacted as specified.
"Boring"
means grade and alignment-controlled mechanical or other method of installing a pipe or casing under a road without disturbing the surrounding medium.
"Carrier"
means a pipe directly enclosing a transmitted fluid or gas.
"Casing"
means a larger pipe enclosing a carrier for the purpose of providing structural or other protection to the carrier and/or to allow for carrier replacement without re-excavation, jacking or boring.
"Coating"
means protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion and/or corrosion damage.
"Conduit"
means an enclosed tubular runway for protecting wires or cables.
"County"
means San Juan County.
"Cover"
means depth to top of pipe, conduit, casing or gallery below the grade of a road or ditch.
"Drain"
means appurtenances to discharge accumulated liquids from casings or other enclosures.
"Encasement"
means structural element surrounding a pipe or conduit for the purpose of preventing future physical damage to the pipe or conduit.
"Franchise"
means an occupancy and use document granted by the County required for occupancy of road rights-of-way in accordance with Chapters 36.55 and 80.32 RCW.
"Gallery"
means an underpass for two or more utility lines.
"Manhole"
means an opening in an underground utility system into which workers or others may enter for the purpose of making installations, inspections, repairs, connections, cleaning and testing.
"Pavement"
means the combination of subbase, base course and surfacing placed on a subgrade to support the traffic load and distribute it to the subgrade.
"Permit"
means a document issued under the authority of (1) the County engineer (or public works director) and/or (2) a franchise granted by the County's legislative authority. The permit provides specific requirements and conditions for specific utility work at specific locations within the right-of-way.
"Permittee"
means any person or legal entity who has applied for or been granted a utility installation permit and any successors and assignees of the legal rights of such person or entity affected by such a permit.
"Pipe"
means a structural tubular product designed, tested, and produced for the transmittance of specific liquids and gases under specific conditions.
"Plowing"
means direct burial of utility lines by means of a plow-type mechanism which breaks the ground, places the utility line at a predetermined depth, and closes the break in the ground.
"Pressure"
means internal gage pressure in a pipe in pounds per square inch, gage (psig).
"Private lines"
means privately owned, operated and maintained utility facilities devoted exclusively to the use of the owner.
"Relocation"
means planned change of location of an existing facility to a more advantageous place without changing the character or general physical nature of the facility.
"Replacement"
means installation of a like element of a utility system or subsystem in the same or near-same physical location normally due to damage, wear or obsolescence of the element.
"Restoration"
means all work necessary to replace, repair or otherwise restore the right-of-way and all features contained within to the same or equal condition as before any change or construction thereto.
"Right-of-way"
means a general term denoting public land, property, or interest therein, usually in a strip, acquired for or devoted to transportation or secondary purposes.
"Road (or roadway)"
means a general term denoting a street, road or other public way, including shoulders, designated for the purpose of vehicular traffic.
"Sleeve"
means short casing through a pier, wall or abutment of a highway structure.
"Traffic control"
means those activities necessary to safeguard the general public, as well as all workers, during the construction and maintenance of utility facilities within the right-of-way.
"Trenched"
means installation of a utility in an open excavation.
"Untrenched"
means installation of a utility without breaking the ground or pavement surface such as by jacking or boring.
"Vent"
means an appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Formerly 2.10.230; Res. 108-1993; Ord. 14-2000 § 2)
A. 
Location.
1. 
Utility installations shall be located to minimize need for later adjustment to accommodate future roadway improvements and to permit access to servicing such installations with minimum interference to roadway traffic. The County shall make available to utilities a copy of their six-year transportation improvement program in order to minimize both utility customer and road user inconvenience. Said utilities shall, within the limits of standard business practice, make available appropriate short and long range development plans to the County.
2. 
Unless otherwise approved by the County, all above-ground utilities and their appurtenances as well as all above-ground appurtenances of below-ground utilities that may constitute a roadside obstacle for traffic using the road shall be located as close as practicable to the edge of the right-of-way line. If the County engineer determines an existing or new appurtenance within the right-of-way constitutes an unacceptable roadside obstacle, said obstacle must be:
a. 
Relocated to another place within the right-of-way;
b. 
Converted to a break-away design;
c. 
Crash-protected; or
d. 
Relocated to another location off the road right-of-way by the utility.
3. 
Installations that are required for a road purpose, such as street lighting or traffic signals, are to be located and designed in accordance with this policy.
4. 
Where existing facilities are in place, new facilities shall be compatible with the existing installations and conform to this policy as nearly as practicable.
B. 
Design – General.
1. 
The utility shall be responsible for the design of the utility facility being proposed. This responsibility shall include, in addition to the integrity of the proposed utility facility, provisions for public safety during the course of construction, as well as consideration of traffic safety and accident potential for the life of the installation.
2. 
For work requiring application to the County, the County may review and approve the utility's plans with respect to:
a. 
Location;
b. 
The manner in which the utility facility is to be installed;
c. 
Measures to be taken to preserve safe and free flow of traffic;
d. 
Structural integrity of the roadway, bridge, or other structure;
e. 
Ease of future road maintenance, and appearance of the roadway.
3. 
Provision shall be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges or other structures within the right-of-way.
4. 
Granting of a franchise or permit shall not imply or be construed to mean the County shall be responsible for the design, construction, or operation of the facility or for public safety during the facility's installation, operation or maintenance.
C. 
Standards and Codes.
1. 
County standards shall include attachments A and B, attached to the resolution codified in this article.
2. 
All utility installations shall be designed in accordance with the standards, codes and regulations applicable to the type of utility. The methods of installation and materials used shall conform to the codes and standards promulgated by government and by the industry. This shall also include any road design standards which the County shall deem necessary to provide adequate protection to the road, its safe operation, appearance and maintenance.
D. 
Adjustment and Relocation of Existing Facilities.
1. 
Existing underground utilities on County road right-of-way may be removed or relocated when road work funded by the County would disturb the existing underground utility. All such removal or relocation shall be at the sole expense of the owning utility, and all work must be accomplished by the same permitting process as for new installations.
2. 
Notwithstanding reinforcement or protection otherwise provided, a permittee shall be responsible for the security of each existing pipeline and utility within a road construction zone. Where there are unusual utility hazards or where heavy construction equipment will be used, the permittee shall provide adequate temporary protection. In replacing the roadway, the design should give due consideration to the protection of previously existing utilities in the roadway section without sacrificing the geometrics of roadway design.
(Formerly 2.10.240; Res. 108-1993; Ord. 14-2000 § 2)
A. 
General Requirements.
1. 
A written permit will be required for occupancy of road right-of-way by all utility facilities, including private lines. No facility shall be used for other than the purpose stated, unless written approval is granted by the County.
2. 
All permits should be applied for 30 days prior to commencing work.
3. 
A minimum of 48 hours' notice will be given to the County engineer prior to commencing permitted work.
4. 
Exempted work for franchise holders includes emergency repairs.
5. 
All utility work within County road right-of-way, unless otherwise authorized by a franchisee, requires a written permit.
6. 
Provisions, Conditions and Regulations.
a. 
All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the permittee, and all privileges of the permittee shall inure to such successors and assigns as if they were specifically mentioned. The permittee shall comply with all applicable local, state or federal laws or regulations protecting the public at large or employees of the permittee.
b. 
The County engineer may revoke, annul or terminate a utility installation permit if permittee fails to comply with any or all of its provisions, requirements or regulations as herein set forth on the utility permit form, or through willful or unreasonable neglect fails to heed or comply with notices given them, or if the work described in the permit herein is not installed or operated and maintained in conformity herewith or at all.
c. 
The board of County commissioners may, at any time, change, amend, modify, amplify or terminate any of the conditions herein enumerated so as to conform to any state statute or County regulations pertaining to the public welfare, safety, health or highway regulations as are, or may hereafter be, enacted, adopted or amended, etc.
d. 
In accepting a utility permit the permittee agrees to protect and save harmless the County from all claims, actions or damages of any kind and description which may accrue to or be suffered by any person or persons, corporation or property by reason of the performance of any such work, character of materials used or manner of installation, maintenance and operation or by the improper occupancy of rights-of-way or public place or public structure, and in case any such suit or action is brought against said County for damages arising out of or by reason of any of the above causes, the permittee will upon notice to them or commencement of such action defend the same at their sole costs and expense and will fully satisfy any judgment after the said suit or action shall have finally been determined if adversely to the County.
B. 
Specific Requirements. When required, permit applications shall be submitted in a standard format as prescribed by the County. The permit application shall include the following information:
1. 
Agreement to all pertinent provisions of this policy and to such special conditions as the County may deem appropriate;
2. 
Description of the facilities to be installed;
3. 
Adequate exhibits depicting existing or proposed location of the facility in relation to the road, including right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards are anticipated.
C. 
Inspection.
1. 
The County shall have the right to inspect all phases of the work at any time and may appoint a full-time inspector if deemed desirable. The cost of such full-time inspector to be borne by the holder of the permit. Any discovered violation of an applicable safety law or regulation shall be corrected immediately by the permittee.
2. 
The engineer may inspect all work and materials for conformity with applicable standards. The engineer may order permittee or their contractor to remove and replace, and bear the cost of doing so, any materials used that do not meet legal or County standards. The permittee or their contractor shall correct any substandard work or materials. The engineer will reject unsuitable work or materials.
3. 
The location, type of work, materials and equipment used, manner of erection or construction, safeguarding of public traffic during work or after doing same, mode of operation and manner of maintenance of project petitioned for, shall be approved by the County engineer prior to start of work and shall be subject to the inspection of the County engineer so as to assure proper compliance with the terms of utility permit.
4. 
When the permittee considers the work complete and ready for final inspection, the permittee shall request the County engineer to schedule a final inspection. The County engineer will set a date for final inspection. The County engineer and the permittee will then make a final inspection and the County engineer will notify the permittee in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The permittee shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until completion. If action to correct deficiencies is not initiated after receipt of the written notice listing the deficiencies, the County engineer may, upon written notice to the permittee, take whatever steps are necessary to correct those deficiencies. Such steps may include the correction of defects by County forces or by others. In such case, the direct and indirect costs incurred by the County shall be charged to the permittee. Such indirect or direct costs shall include in particular, but without limitation to, compensation for additional professional services required in costs of repair and replacement of the work of others which is destroyed or damaged by correction, removal or replacement of the permittee's deficient work.
D. 
Contractors. Only licensed, insured and bonded contractors or franchise holders will be allowed to perform utility work within the right-of-way.
E. 
Insurance – Liability – Bond.
1. 
Approved contractors will carry a minimum $2,500 performance bond and the certificate of insurance must be on file with the County engineer for the express purpose of constructing utility installations on County road right-of-way. The contractor shall obtain and keep in force public liability and property damage insurance with companies and in a form subject to the approval of the engineer. The County shall be specifically named as an additional insured on said policy insofar as work on County right-of-way is concerned. The coverage provided shall protect the County against claims for personal injuries, including accidental death, and property damage arising in whole or in part from any act or omission of the contractor or a subcontractor, or anyone employed by either. The policy, and any endorsement naming the County as an additional insured, shall include a provision requiring written notification to the County of termination and of any change in any of its terms, 10 days in advance of such termination or change. The minimum public liability coverage shall be $1,000,000. Coverage in the minimum amount set forth herein shall not be construed to relieve the contractor from liability in excess of such coverage.
2. 
By issuance of permit or promulgation of this policy, the County assumes no liability for the acts of the contractor, franchise holder or permittee.
(Formerly 2.10.250; Res. 108-1993; Ord. 14-2000 § 2)
A. 
Location and Alignment.
1. 
For all crossings, the angle of crossing should be as near a right angle to the road centerline as practicable. However, lesser angles may be permitted based upon economic considerations of practical alternatives.
2. 
Where practicable, crossings should avoid deep cuts, footings of bridges and retaining walls, or locations where highway drainage would be affected.
3. 
Longitudinal installations should run parallel to the roadway and lie as near as practicable to the right-of-way line. Installations which cannot be so installed will be allowed elsewhere within the right-of-way; provided, that:
a. 
The installation will not adversely affect the design, construction, stability, structural integrity, traffic safety or operation of the road facility; and
b. 
Failure to allow such installation will create an undue hardship or financial burden upon the utility.
4. 
Where irregularly shaped portions of the right-of-way extend beyond the normal right-of-way limits, a uniform alignment of facilities shall be allowed.
B. 
Cover.
1. 
The grade of and resulting cover for an underground utility shall be in compliance with applicable federal, state and County requirements.
2. 
County requirements are 30 inches minimum cover unless specified otherwise in the permit.
C. 
Encasement.
1. 
Casings shall be installed for roadway crossings unless otherwise permitted.
2. 
Casings may also be required for the following conditions:
a. 
As an expediency in the insertion, removal, replacement or maintenance of a carrier line or at locations where it is necessary in order to avoid open trench construction;
b. 
As protection for carrier lines from external loads or shock either during or after construction of a road.
3. 
Within the road right-of-way, where practicable, casing pipes shall extend a minimum of four feet beyond edge of pavement or beyond the toe of fill slopes, back of roadway ditch, or outside of curb.
4. 
Other than for necessary vents and/or drains, casing pipes shall be sealed at both ends.
5. 
Casing pipes shall be designed to support the load of the road and superimposed loads thereon and, as a minimum, shall equal the structural requirements for road drainage facilities. Casings shall be composed of materials of sufficient durability to withstand conditions to which they may normally be exposed.
D. 
Uncased Carriers.
1. 
The carrier pipe shall conform to the material and design requirements of the appropriate utility industry and governmental codes and specifications.
2. 
The carrier pipe shall be designed to support the load of the road, plus superimposed loads thereon, when the pipe is operated under all ranges of pressure from maximum internal to zero pressure.
E. 
Appurtenances.
1. 
Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where required by federal safety standards. Vent standpipes when required for any utility, manhole, vault or gallery should be located and constructed so as neither to interfere with maintenance of the road nor to be concealed by vegetation. Standpipes should stand by a fence or on the right-of-way line.
2. 
Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid, liquefied gas, or heavy gas. Drains for carriers of hazardous materials shall be directed to natural or artificial holding areas to prevent the potential for surface or groundwater contamination. Drains for which only water or other nonhazardous liquids may discharge may be directed into the roadway ditch or natural water course at locations approved by the County. The drain outfall shall not be used as a wasteway for routine purging of the carrier unless specifically authorized by the County.
3. 
Location markers and emergency information should be used when required by applicable state and federal standards. All underground utilities shall have designated tear tape installed a minimum of one foot above all pipe, cables and conduits.
4. 
Manholes should be designed and located in a manner that will cause the least interference to other utilities or future road expansion. Where practicable, installations in the pavement or shoulders should be avoided.
F. 
Installation. Installations shall ensure safety of traffic and preservation of the roadway structure, and required construction shall, unless otherwise specified, be in accordance with the following controls:
1. 
Trenched Construction and Backfill.
a. 
Where the pavement must be removed, it first shall be cut in vertical (or undercut) continuous straight lines.
b. 
Trenches shall be cut to have vertical faces, where soil and depth conditions permit, with a maximum width of outside diameter of pipe plus two feet. Trenching shall comply with the Washington State Department of Labor and Industries Safety Code, including shoring.
c. 
The utility shall be installed and the trench backfilled and compacted in a manner assuring no deformation of the pipe likely to cause leakage and restoration of the structural integrity of the roadway structure.
2. 
Untrenched construction is required for pipelines crossing paved roads, unless otherwise approved by the County engineer.
a. 
If sufficient right-of-way exists, the length of untrenched construction shall extend a minimum of four feet from edge of pavement, unless approved by the County engineer where conditions warrant.
b. 
Overbreaks and unused holes shall be backfilled as directed by the County engineer. Abandoned casings must be sealed on both ends and backfilled as directed by the County engineer.
c. 
Water boring under roadways shall not be permitted.
d. 
Existing carriers and conduit installed under a roadway may be physically located prior to pipeline installation.
3. 
Plowing of communication and electrical lines on or adjacent to existing roads is allowed; provided, that the structural integrity of the roadway is not impaired.
a. 
Plowing will not be permitted when conditions are such that surface water will enter the area disturbed by the plow. Surface water may be streams, ponds or other standing water as well as precipitation runoff.
b. 
Plowing will normally be restricted to those areas outside the roadway prism unless there is insufficient right-of-way or topographic features that make the use of plows not feasible. The preferred location of all plowing is between the back of ditch and the right-of-way line in cut sections and at the base of the fill slope in fill sections.
c. 
Plowing within the roadway prism shall be performed as far from the traveled way as practical irrespective of the road surfacing. In no case shall plowing be permitted with the paved portion of any paved road. If the wheels or tracks of the plow damage any of the paved portions of the road, repairs must be made as directed by the County engineer.
d. 
In all cases, the utility or its contractor shall immediately apply suitable compactive effort to the area disturbed by the plow to seal the disturbed area and prevent surface water from penetration.
4. 
All roadway and roadside affected by utility work will be restored to a neat appearance and acceptable condition.
G. 
Removal of Defective and Unauthorized Work. The County engineer will not accept unauthorized or defective work. Unauthorized or defective work includes work and materials that do not conform to applicable specifications and work performed without a permit. At the engineer's order, the contractor shall immediately remedy, remove, replace, or dispose of unauthorized or defective work or materials and bear all costs of doing so.
H. 
One Call System.
1. 
Utility facilities shall be located and identified in accordance with RCW Title 19, Chapter 19.122 RCW, RCW 19.122.010 through 19.122.900.
2. 
Permittee, by accepting a utility permit, agrees to notify and check with all utilities regarding their installations before commencing work, together with private property owners, when such property is liable to injury or damage through the performance of such work, and the permittee shall make all necessary arrangements relative to the protection of such property and/or utilities.
(Formerly 2.10.260; Res. 108-1993; Ord. 14-2000 § 2; Ord. 7-2014 § 1)
A. 
Power and Communication Lines.
1. 
Single-pole construction and joint use of the pole is desirable and should be used whenever feasible.
2. 
The minimum vertical clearance for overhead power and communication lines above the road and the minimum lateral and vertical clearance from bridges shall be in compliance with the National Electrical Safety Code, 1996 Edition, and Washington State Department of Labor and Industries "Electrical Construction Code."
3. 
Where irregularly shaped portions of the right-of-way extend beyond the normal right-of-way limits, a uniform alignment of facilities shall be allowed.
4. 
All roadways and roadsides affected by utility work will be restored to a neat appearance and acceptable condition. Holes caused by removal of utility poles and appurtenances are to be filled and compacted at the time of removal, leaving all roads, streets, alleys and public places in a good and safe condition.
(Formerly 2.10.270; Res. 108-1993; Ord. 14-2000 § 2)
A. 
Utility installations shall be designed and constructed to minimize the adverse effect on existing roadside manmade or natural amenities. Special efforts shall be taken to minimize any potential negative impact on areas of scenic beauty (i.e., scenic strips, viewpoints, rest areas, recreation areas, public parks or historic sites, etc.).
B. 
Overhead utility installations shall be permitted in areas of scenic beauty when other utilities are already overhead, other utility locations are not available, are not technically feasible, are unreasonably costly, or are less desirable from the standpoint of visual quality.
C. 
Utilities shall not be allowed to use chemical sprays to control or kill weeds and brush within the County road right-of-way.
D. 
Refuse and debris resulting from the installation or maintenance of the utility facilities shall be promptly removed once work is completed.
(Formerly 2.10.280; Res. 108-1993; Ord. 14-2000 § 2)
Attachment of utility lines to a roadway structure (including bridges) may be allowed where such attachment conforms to sound engineering considerations for preserving the roadway structure and its safe operation, maintenance and appearance. The attachment shall be in accordance with the following:
A. 
Attachment of a utility shall not be considered unless the structure in question is of a design that is adequate to support the additional load and can accommodate the utility facility without compromise of highway features, including reasonable ease of maintenance.
B. 
Manholes and other utility access panels should be avoided within the roadway portion of the structure.
C. 
Attachment on a structure of a pipeline carrying a hazardous transmittant shall be avoided where practicable.
D. 
The utility attachment shall not reduce the clearance of a structure where such clearance is critical.
E. 
Utility mountings shall be of a type which shall not create noise resulting from vibration.
F. 
The hole created in a structure abutment shall be sleeved, shall be of the minimum size necessary to accommodate the utility line, and shall be sealed to prevent any leakage of water or backfill material.
G. 
The utility line in back of the abutment shall curve or angle out to align outside the roadbed area in as short a distance as is operationally practicable.
H. 
Communication and electrical power line attachments shall be suitably insulated, grounded, and carried in protective conduit or pipe from point of exit from the ground to re-entry. Carrier pipe and casing pipe shall be properly isolated from electric power line attachments.
(Formerly 2.10.290; Res. 108-1993; Ord. 14-2000 § 2)
A. 
Preservation, Restoration and Cleanup.
1. 
The size of disturbed area necessary to install a utility shall be kept to a minimum.
2. 
Restoration methods shall be in accordance with the specifications of the County and/or special provisions of the franchise, permit or agreement.
3. 
Unsatisfactory restoration work shall be promptly corrected by the utility. If necessary, unsatisfactory restoration work may be corrected by the County and billed to the utility or permittee.
B. 
Traffic Control and Public Safety.
1. 
Traffic controls, including detours for all utility work, shall conform with the Manual on Uniform Traffic Control Devices for Streets and Highways, 1998 Edition (as updated, 1998).
2. 
All construction and maintenance operations shall be planned to keep interference with traffic to a minimum. On heavily traveled roads, construction operations interfering with traffic should not be scheduled during periods of peak traffic flow. Work shall be planned so that closure of intersecting streets, road approaches, or other access points is held to a minimum.
3. 
Adequate provision shall be made to safeguard any open excavation, and shall include barricades, lights, flaggers, or other protective devices as may be necessary.
4. 
The storage of materials on through roadways shall not be allowed, and parking of vehicles on through roadways shall be kept to a minimum, as determined by the County engineer.
C. 
Emergency Repairs.
1. 
All utility facilities shall be kept in a good state of repair. Emergency repairs shall be undertaken in a timely manner.
2. 
If emergency repairs by the franchise holder or the permittee disturb the right-of-way, such repairs may be immediately undertaken and the right-of-way restored to a good and safe condition allowing the normal flow of unobstructed traffic. The disturbed portion of the traveled right-of-way must be maintained daily until permanent repairs are completed. Approval as to the manner of final restoration of the right-of-way shall be secured from the County engineer in a timely fashion.
(Formerly 2.10.300; Res. 108-1993; Ord. 14-2000 § 2)