[1]
Prior legislation: Ords. 1857 and 1946.
A. 
For the purpose of this chapter, “public or private improvements” are defined as all construction constituting a valuable addition to or modification of all public and private lands by the installation of any and all facilities conveying water, sanitary sewage, stormwaters, grading, clearing, electricity, heating gases, telephone and television signals, and vehicular and pedestrian traffic, and by creating in accordance with City ordinances vehicular parking, landscaping, irrigation, and sight-screening on private property.
(Ord. 2190 Ch. I, 1998; Ord. 2907, 3/5/2026)
A. 
Permits. A permit is required for the construction of all public and private improvements where earth is disturbed on or under public or private properties unless meeting any of the exemptions below on private property. A permit is required if any of these exemptions are exceeded within any three-year period.
1. 
The total disturbed area is less than 2,000 SF and does not add hard surface within the front yard setback.
2. 
The total grading is less than 50 cubic yards and does not create or modify a slope over 15%, direct additional stormwater runoff offsite, or create hazardous conditions.
B. 
Applications. Applications for such permits shall be filed with the City prior to the anticipated commencement of construction.
C. 
Performance Guarantee shall follow MTMC Chapter 15.35.
D. 
Maintenance Guarantee shall follow MTMC Chapter 15.35.
E. 
Validity of Permit. The issuance of a permit based upon approved plans, specifications, and other data shall not prevent the City Engineer from thereafter requiring the correction of errors in said plans, specifications, and other data, or from preventing construction being carried on thereunder when in violation of this chapter or any other ordinance or standard of the City.
F. 
Approvals and Expirations.
1. 
Application for Construction Permits and Expiration of Plans in Review. Prior to issuance of construction permits for public or private improvements, applications and plans for the construction shall be submitted for approval by the City Engineer or their designated representative. All plans shall conform with the City's Comprehensive Plans, ordinances, adopted standards, and applicable conditions of approval and mitigation measures. Applications and plan reviews for which no meaningful action to advance the application has been taken by the applicant within 180 days of the date of application, or the date of the most recent written directive from the City's plan reviewer, shall expire by limitation. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action being taken. No application and plan review shall be extended more than once. In order to renew action on any application after expiration, the applicant shall resubmit applications and plans and pay a new filing and plan check fee.
2. 
Approval of Plans and Expiration of Approved Plans. Upon completion of review for conformance, the City Engineer, or their designee, will affix their signature and date of approval to the construction drawings. Approval for plans for which no permit is issued within 180 days following the date of approval shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action being taken. No plan approval shall be extended more than once. In order to renew action on any application after expiration, the applicant shall resubmit plans and pay a new filing and plan check fee.
3. 
Expiration of Permits. Every permit issued by the City Engineer, or their designee, under the provisions of this chapter shall expire by limitation and become null and void if the construction authorized by such permit is not commenced within 180 days from the date of such permit, or if the construction authorized by such permit is suspended at any time after the work is commenced for a period of 180 days. Before such construction can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work; provided, no changes have been made or will be made in the original plans and specifications for such work; and provided, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration resulting from suspension or abandonment exceeding one year, the permittee shall submit a new application and plans, pay a filing and plan check fee and, upon approval of the plans, pay a permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The City Engineer may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
4. 
Current Approved Plans and Issued Permits. All applications, plan reviews, approved plans or construction permits issued prior to the date of effect of the ordinance codified in this chapter are hereby placed under the conditions of this chapter with the time limitations beginning on the date of effect of the ordinance codified in this chapter.
5. 
Investigations of Work without a Permit. Whenever any work for which a construction permit is required by this chapter has been commenced without first obtaining said construction permit, a special inspection shall be made before a construction permit may be issued for such work.
(Ord. 2190 Ch. II, 1998; Ord. 2907, 3/5/2026)
A. 
Where a public or privately owned utility company such as Washington Natural Gas Company, Snohomish County P.U.D. No. 1, General Telephone Company, etc., provides its own operational acceptance testing and inspections and owns, operates, and maintains the facility constructed, the fees shall consist of a plan check and construction permit fee and, when applicable, hourly fees for work not covered under the plan check and construction permit fee. These fees and street invasion deposits, if required, shall be payable to the City as billed monthly or quarterly at the option of the utility.
B. 
Plan Check and Construction Permit Fees for Underground Distribution Lines with or without Services. A plan check and construction permit fee for the underground installation including extension, repair, or modification of any system, including such building services as have been included in the application, shall be assessed in accordance with the adopted City fee schedule.
C. 
Plan Check and Construction Permit Fees for Overhead Distribution Lines with or without Services. A plan check and construction permit fee for the overhead installation, including extension, repair, or modification of any system including such building services as have been included in the application, shall be assessed in accordance with the adopted City fee schedule.
D. 
Plan Check and Construction Permit Fees for Individual Underground Service. A plan check and construction permit fee in accordance with the adopted City fee schedule shall be assessed for each underground building service not disturbing an improved portion of public right-of-way or other improvement. For each building service disturbing an improved portion of public right-of-way, a plan check and construction permit fee shall be assessed in accordance with the adopted City fee schedule when such services are constructed separate from a distribution line installation.
E. 
Plan Check and Construction Permit Fees for Individual Overhead Service. A plan check and construction permit fee in accordance with the adopted City fee schedule shall be assessed for each individual service where overhead service is authorized by City policy and when such services are constructed separate from a distribution line installation.
F. 
Hourly Fees. Fees for work including, but not limited to, inspections outside normal business hours; reinspections; additional plan check required by changes, additions, or revisions to plans and supporting documents; and requested time extensions shall be in accordance with the adopted City fee schedule.
(Ord. 2190 Ch. IV, 1998; Ord. 2907, 3/5/2026)
A. 
Erroneously Collected or Paid Fees. The City Engineer may authorize refunding of any fee paid specified in this chapter which was erroneously paid or collected.
B. 
Plan Check Fees. The City Engineer may authorize refunding of not more than 80% of the plan review fee paid when the application is withdrawn or canceled before any plan reviewing is done.
C. 
Permit Fees. The City Engineer may authorize refunding of not more than 80% of the construction permit fee when no work has been done under a construction permit issued in accordance with this chapter.
(Ord. 2190 Ch. IV, 1998; Ord. 2907, 3/5/2026)
The City shall exercise full control of all excavating, construction, and other invasions of City rights-of-way. The Engineering Division shall be notified a minimum of 48 hours prior to commencing construction.
(Ord. 2190 Ch. VI, 1998; Ord. 2792 § 6, 2021; Ord. 2907, 3/5/2026)
All violations of this chapter shall be deemed a misdemeanor punishable by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or by both fine and imprisonment.
(Ord. 2190 Ch. VII, 1998; Ord. 2907, 3/5/2026)