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HomeMy WebLinkAbout2166• • trgi ORDINANCE NO. /G G AN ORDINANCE of the City of Port Angeles establishing the procedures and require- ments for construction or excavation work within rights -of -way of the City of Port Angeles, requiring a permit for such work, providing specifications to which such work must conform, establishing a fee for such permits, providing penalties for violation of the ordinance, repealing Ordinance numbers 820, 848, 958, 1125, 1534, 1614, and 2100, and Section 11.04.070 and Chapter 11.08 of the Port Angeles Municipal Code, and adding a new chapter to Title 11 of the Port Angeles Municipal Code. BE IT ORDAINED by the City Council of the City of Port Angeles; Section 1. DEFINITIONS The following definitions apply to the provisions of this ordinance, unless the context shall indicate otherwise: A. "Applicant ". Any person making application for a permit for construction or excavation work, pursuant to the terms of this ordinance. B. "City ". The City of Port Angeles. C. "City Council" or "Council ". The City Council of the City of Port Angeles. D. "City Engineer ". The City Engineer of the City of Port Angeles. E. "Construction" or "Excavation ". The act of opening, excavating, or in any manner disturbing or breaking the surface or foundation of any permanent pavement; the establishment or alteration of any established grade or street; and the main- tenance or removal of a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto. F. "Person".. Any person, firm, partnership, association, corporation, company, or organization of any kind. G. "Permittee ". Any person holding a permit from the City of Port Angeles for the performance of any construction or excavation work within a right -of -way of the City of Port Angeles. H. "Right -of- Way ".' A dedicated or owned right -of -way of the City of Port Angeles, between the outer boundaries there- of, within which may be located a street, highway, sidewalk, alley, avenue or other structure used for pedestrian or vehicu- lar traffic, or a utility structure or appurtenance. A right- of-way or easement is included within the definition of "Right- of-Way" whether such right -of -way or easement is currently used or not. I. "Work ". Any construction or excavation within a right -of -way of the City of Port Angeles. Section 2. PERMIT REQUIRED It is unlawful for any person to perform any work in a City right -of -way without first having obtained a permit there- for from the City building official as provided in this ordinance Section 3. PERMIT - LIMITATION No application for a permit shall be received, nor shall any permit be issued, other than to a licensed and bonded con- tractor of the State of Washington, provided, that if all work to be done under a permit is outside the outer boundaries of a traveled and improved street, highway, or avenue, and the fair market value of the work is equal to or less than $2,000 then a permit may be issued to other than a licensed and bonded con- tractor. Section 4. PERMIT APPLICATION A. A written application for the issuance of a permit shall be submitted to the City building official,on a form and in a manner required by him. B. At a minimum, the application shall state the name and address of the applicant, the nature, location, and purpose of the work to be performed, the name of the person who will perform the work, the date of commencement and date of comple- tion of the work, and such other data as may reasonably be re- quiredciby the City Engineer or the City building official. -2- C. The City Engineer may require that the application be accompanied by plans and /or specifications showing the extent of the proposed work, the dimensions and elevations of the existing ground prior to any excavation, and of the other proposed ele- vated surfaces, the location of the work, and such other infor- mation as may reasonably be required by the City Engineer. D. The application shall be accompanied by the fee re- quired by this ordinance. Section 5. PERMIT - APPLICATION PROCESSING A. The City Engineer shall examine each application to determine if it complies with the provisions of this ordinance. The City Engineer shall cause to be inspected the premises which are desired to be used, or otherwise ascertain any facts which may aid in determining whether a permit shall be granted. B. If the City Engineer finds that the application con- forms to the requirements of this ordinance, and that the pro- posed work will not unduly interfere with the right of the pub- lic in the right -of -way, he may authorize the City building official to grant the permit. C. If an application is denied, the applicant may appeal the denial by the City building official to the Director of Public Works. The Director of Public Works shall review the application, to ascertain that the denial is based upon noncon- formance of the application with the terms of this ordinance, and /or a determination that the proposed work will interfere with the rights of the public in the right -of -way. D. If the Director of Public Works upholds the denial of the permit, the applicant may appeal the Director of Public Works' denial to the City Council. The City Council shall re- view the application, on the same basis as the application was reviewed by the Director of the Department of Public Works. Section 6. PERMIT - FEE A permit fee shall be charged by the City for the issu- ance of a permit for work in a right -of -way, which fee shall be -3- • in addition to all other fees for permits or charges relative to any proposed work. The amount of such fee shall be established by the City Council by resolution, and may be charged by further resolution from time to time as may be necessary. Section 7. PERMIT - FORM A. The City shall provide each permittee a written permit. B. It shall be the duty of the permittee hereunder to keep the permit posted in a conspicuous place at the site of the work. C. It shall be unlawful for any person to exhibit such permit at or about any excavation not covered by such permit, or to misrepresent the number of the permit, or the date of the ex- piration of the permit. Section 8. PERMIT REQUIREMENT - EXEMPTIONS The following work shall not require a permit: A. Any work performed by or under the direction of the City Engineer of the City of Port Angeles, including work per- formed by employees of the City or any person contracting with the City. B. Any work within the external boundaries of a sub- division, for which approval has been given by the Council or other approving authority of the City. Section 9. PERFORMANCE BOND REQUIRED - WORK IN EXCESS OF $2,000 A permittee doing work whose fair market value is greater than $2,000 shall provide assurance to the City of completion of that work, by one of the following methods: A. Furnishing a performance bond, approved as to surety by the City Manager and as to form by the City Attorney, which bond shall be conditioned upon faithful completion of that por -,' tion of the work performed pursuant to the permit which will re- quire completion by the City of Port Angeles should the permittee or his contractor default. The amount of such bond shall be de- termined' by the City = .Engineer. -4- B. Furnishing to the City an assignment of a savings ac- count, or the placing in trust, of an amount determined by the City Engineer to be sufficient to assure completion of the work. This savings account or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, If the work is not performed within the time limit set by the permit, or not done to the satisfaction of the City, then the City may withdraw from the savings account or trust the amount necessary to complete the work. Section 10. PERMITTEE - INDEMNITY TO SAVE THE CITY HARMLESS FROM CLAIMS As a condition of permit issuance, a permittee shall agree to save and hold the City harmless from, and defend the City against, any claims for personal injury or property damage arising out of or in any way connected with, the performance by the permittee of any work within the rights -of -way of the City of Port Angeles pursuant to the issued permit. Section 11. PERMITTEE - LIABILITY INSURANCE REQUIRED A. Any permittee receiving a permit under the terms of this ordinance, the fair market value of which is $2,000 or less, shall provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less than $50,000 for personal injury to any one person, $100,000 for injury to more than one person arising out of the same incident, and $20,000 for property dam- age, against claims arising pursuant to permits issued pursuant to this ordinance. The City shall further be provided with an endorsement to such policy, naming the City of Port Angeles as an additional insured. B. Any permittee receiving a permit under the terms of this ordinance, the fair market value of which is over $2,000, shall provide to the City satisfactory proof of the existence of -5- a comprehensive liability insurance policy, in an amount and form determined by the City Engineer or City Attorney, but in no event providing coverage of less than $200,000 for personal in- jury to any one person, $500,000 for injury to more than one person arising out of the same incident, and $100,000 for prop- erty damage, against claims arising pursuant to permits issued pursuant to this ordinance. The City shall further be provided with an endorsement to such policy, naming the City of Port Angeles as an additional insured. Section 12. WORK - APPLICABLE STANDARDS - GENERAL Except as otherwise provided in this ordinance, all work performed pursuant to a permit issued pursuant to this chapter shall be done in accordance with the Standard Specifications for Municipal Public Works Construction issued by the Washington State Chapter of the American Public Works Association, 1977 edition. Section 13. ADDITIONAL SPECIFICATIONS - SIDEWALKS Where there is an existing cement concrete curb, any side- walk installed or repaired in that location shall be constructed only with cement concrete or any equally satisfactory material approved by the City Engineer. Section 14. ADDITIONAL SPECIFICATIONS - DRIVEWAYS Driveways shall be constructed in accordance with the following specifications: A. The maximum single driveway width for lot frontage of 75 feet or less shall not exceed twenty -five (25) feet at the curb, including transitions. B. The maximum single driveway width for lot frontage of 75 feet or more shall not exceed thirty -five (35) feet at the curb, including transitions. C. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than fifteen feet, at the curb, must be provided. -6- D. No driveway apron shall extend into the street further than the face of the curb or into the gutter area. E. No driveway shall be located within twenty (20) feet of a regular crosswalk area at an intersection or any other designated crosswalk area. F. No driveway may be located so as to conflict with power poles, street lights, fire hydrants, or other aboveground public facilities. Section 15. ADDITIONAL SPECIFICATIONS - DRIVEWAYS - RESTORATION Whenever an existing driveway is abandoned, relocated, or ceases to be used as a driveway, the curb opening provided shall be restored to normal curb height in a manner satisfactory to the City Engineer, within thirty days after notification by the City Engineer that restoration shall occur. Such restoration shall be the responsibility of the property owner of record, and shall be performed pursuant to a permit issued under the terms of this ordinance. Section 16. ADDITIONAL SPECIFICATIONS - DRIVEWAYS - MATERIALS A. All residential driveways shall be constructed of Class 5 (11) or 5 (3/4) coment concrete, not less than six (6) inches thick. Driveways shall be constructed in conformance with the standard specifications adopted by this ordinance, for type "C" cement concrete driveways. B. All commercial or industrial driveways shall be con- structed in accordance with specifications provided by the City Engineer. C. All driveways shall slope upward from the gutter to the back, or property, side of the sidewalk at not less than one - quarter (1/4) inch to one (1) foot, and not more than three - quarter (3/4) inch to one (1) foot. Curb height at a depressed driveway shall not be more than two (2) inches, nor less than one (1) inch. -7- Section 17. ADDITIONAL SPECIFICATIONS - DRIVEWAYS - EXCEPTIONS The City Engineer, upon application, may grant special permission to construct driveways deviating from the specifica- tions of this chapter. Before granting such permission, the City Engineer shall affirmatively determine that the public use of a street or sidewalk will not be affected by such special permission, and that such special permission shall have no affect upon the safety of the public using the street or sidewalk. Section 18. PERFORMANCE OF WORK - TRAFFIC ROUTING RESPONSIBILITIES A. The permittee shall take appropriate measures to assure that, during the performance of the work, pedestrian and vehicular traffic conditions as nearly normal as possible shall be maintained at all time, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. B. The City Engineer may permit the closing of streets to all traffic for a period of time prescribed by him, if in his opinion it is necessary for completion of the permitted work. The following procedure shall be followed before any street may be closed or restricted to traffic: 1. Permittee shall receive the approval of the City Engineer and Police Department; 2. Permittee shall notify the Chief of the Fire Depart- ment of the street so closed; 3. The permittee shall route and control traffic as directed by the City Engineer and Police Department; 4. Upon completion of the construction work, the permittee shall notify the City Engineer, the City Police De- partment and Fire Department of the return of the street to normal operation; 5. If determined necessary by the City Engineer, flag- men or other protective measures shall be furnished by the -8- permittee, at his expense, during the period of closure. Should it be necessary to provide a detour for traffic, and no existing street exists for such detour, the permittee shall construct a necessary detour at his expense, in conformity with the terms of this ordinance. Section 19. PERFORMANCE OF WORK - TRAFFIC PROTECTION RESPONSIBILITIES A. The permittee shall erect and maintain suitable barriers to prevent earth from trenches or other excavations from encroaching upon the streets, except as may be reasonably necessary for execution of the work. B. As determined by the City Engineer, the permittee may be required to construct and maintain adequate and safe crossings over excavations of streets under improvement, to permit continued vehicular and pedestrian traffic to use the street or street intersection. Such crossings shall, at a minimum, be constructed and maintained of plank, timbers, and blocking of adequate size to accommodate vehicular and pedes- trian traffic with safety. Section 20. PERFORMANCE OF WORK - FIRE FACILITIES CLEARANCE REQUIRED Any work performed pursuant to this ordinance shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or other obstruc- tions shall not be placed within fifteen feet of fire hydrants. Passageways leading to fire escapes or fire fighting equipment shall be kept free of all obstructions. Section 21. PERFORMANCE OF WORK - ADJOINING PROPERTY PROTECTION REQUIREMENTS A. Permittee shall, at all times, at his expense, pre- serve and protect from injury any public or private property adjoining the location of the work, by taking all necessary measures for such purpose. B. If it is necessary for the proper performance of the work that adjoining property be entered upon, the permittee shall obtain a license or other permission from the owner of said prop- erty for such purposes. Such license or permission shall be presented to the City Engineer as a portion of the application for the permit, and the City Engineer shall not issue a permit until such time as all necessary licenses have been obtained and presented to him. Section 22. PERFORMANCE OF WORK - UTILITY FACILITIES PROTECTION REQUIREMENTS A. Permittee shall not interfere with any existing utilities without the written consent of the utility company or person owning the utility. B. If it is_necessary to remove an existing utility, this shall be done by the owner, at the expense of the permittee. C. The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may in any way be affected by the work, and do everything necessary to support, sustain and protect those facilities. D. In case any of such utilities shall be damaged by the work, it shall be repaired by the owner thereof, at the expense of the permittee. E. The permittee shall inform itself, prior to commenc- ing work, as to the existence and location of all underground utilities, and protect the same against damage, in accordance with the provisions of this section. Section 23. LIABILITY FOR DAMAGE TO STREETS A. The permittee will be responsible for all damage of any kind to the streets or highways of the City as a result of performance of work under the terms of the permit granted pur- suant to this ordinance, including damage done by mobile equip- ment required to be present at the site. -10- B. All damage shall be repaired by the permittee, or if the City Engineer determines, such damage shall be repaired by the City, and the cost thereof shall be billed to the permittee. C. If, upon being ordered to repair the damage, the permittee fails to furnish the necessary labor and materials for the repairs, the City shall have the authority to cause such labor and materials to be furnished by the City and the cost shall be charged against the permittee. Section 24. PROTECTIVE MEASURES, BARRIERS, AND LIGHTS REQUIRED • A. The permittee shall erect such fence, railing or barriers about the site of the excavation work and shall prevent danger to persons using the City streets or sidewalks, and such protective barriers shall be maintained until the work shall be completed or the danger removed. At twilight, there shall be placed upon such place of excavation, excavated materials, and upon the protective barriers, suitable and sufficient lights which shall be kept burning throughout the night during the maintenance of such obstructions. B. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights pro- vided there for the protection of the public. Section 25. EXCAVATED MATERIAL MAINTENANCE REQUIREMENTS A. All material excavated from trenches and piled ad- jacent to the trench or in any street shall be properly main- tained in such manner as not to endanger those working on the trench, pedestrians or users of the streets, so that as little inconvenience as possible is caused to those using streets and adjoining property. B. Where the confines of the area being excavated are too narrow to permit the piling of excavated materils beside the trench, the City Engineer shall have the authority to require that the permittee haul the excavated material to a storage site, and then re -haul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrange- ments for all required storage and disposal. Section 26. CLEAN -UP REQUIREMENTS A. At the conclusion of the work at a particular site, all streets and private property shall be throughly cleaned of all rubbish,excess earth, rock and other debris resulting from such work. • B. Such clean -up work shall be performed within twenty - four hours of conclusion of the work, or as otherwise directed by the City Engineer, and at the expense of the permittee. Should the permittee, after having received an order to do so, fail to clean up such refuse, such work shall be done by the City, either by itself or by contractor, and the cost thereof charged to the permittee. Section 27. WATER COURSES, SEWERS AND DRAINS - PROTECTION A. The permittee shall provide for the flow of all water courses, sewers or drains which are involved in the work, and shall replace the same in as good condition as it found them or shall make such provisions for them as the City Engineer may direct. B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other runoff pumped or re- sulting from the work, and shall be responsible for any damages resulting from his failure to so provide. Section 28. BREAKING THROUGH EXISTING PAVEMENT A. If, in the performance of any work, it is necessary to break through existing pavement, the pavement shall be re- moved to at least six inches beyond the outer limits of any -12- subgrade that is to be disturbed, in order to prevent settlement, and a six inch shoulder of undisturbed material shall be provided on each side of the excavated trench. Pavement shall be vertical B. A power driven concrete saw shall be used so as to prevent complete breakage of concrete pavement or base without ragged edges. Asphalt paving shall be scored or otherwise cut in a straight line. No pile driver may be used in breaking up existing pavement. Section 29. TUNNELS Tunnels under pavement shall not be allowed, except where required or permitted by the City Engineer. Where tunneling is performed under thoroughfares, concrete streets, state highways, asphalt streets, or wherever otherwise designated by the City Engineer, such work shall be one by the jacking or boring of casings under the street surface, and placing pipes or cables inside of such casings. Section 30. BACKFILLING - REQUIREMENTS A. Backfilling of any excavation shall be compacted to a degree equivalent to that of the undisturbed ground in which the trench was dug, or as otherwise directed by the City engi- neer. Compacing shall be done by mechanical tampers or vibra- tors, by rolling in layers, or by water settling, when special permission therefor is given, all as required by the soil in question and sound engineering practices generally recognized in the construction industry. B. When water is taken from a fire hydrant the permittee shall assign one man to operate the hydrant and shall make cer- tain that said man has been instructed in the operation of the hydrant. The superintendent of the water utility shall likewise be notified of both beginning and end of the job, so that the condition of the fire hydrants can be checked. Any damage done to the hydrant during the excavation shall be the responsibility of the permittee. Water shall be paid for by the permittee, in accordance with existing rate schedules therefore. -13- Section 31. SURFACE RESTORATION A. Permittee shall compact the backfill to the top of the trench, and shall then notify the City Engineer that the excavation and backfill work is complete. B. The permanent restoration of the streets shall be made by the City, after the permittee has completed his work. C. The permittee may be required to place a temporary surface over openings made in paved traffic lanes. When such temporary surface is required, the fill above the bottom of the paving slab shall be made with suitable material, in accordance with the preceeding section, and this fill shall then be topped with a minimum of at least one -inch bituminous mixture, which is suitable to maintain the opening in good condition until permanent restoration can be made. The crown of such temporary restoration shall not exceed one -inch above the adjoining pave- ment. The permittee shall exercise special care in making such temporary restorations, and must maintain such restoration in a safe traveling condition until such time as permanent restora- tion can be made. Asphalt which is used shall be in accordance with specifications of the City Engineer. D. If, in the judgement of the City Engineer, it is not expedient or .necessary to replace the pavement over any cut or excavation made in the street, upon completion of the work al- lowed under such permit, by reason of the looseness of the earth or weather conditions, he may direct the permittee to lay a temporary pavement of wood, asphalt, or other suitable material designated by him over such cut or excavation, to remain until such time as repair of the original pavement may be properly made. E. Acceptance or approval of any work by the City Engi- neer shall not prevent the City from asserting a claim against the permittee for incomplete or defective work, if it is dis- covered within twelve months from the completion of the work. -14- The City Engineer's presence during the performance of any exca- vation work shall not relieve the permitee of its responsibil- ities hereunder. Section 32. PERMANENT RESTORATION - DEPOSIT REQUIRED A. Upon the-approval and grant of the permit, the permittee shall deposit a restoration fee with the City, to assure that the work to be performed by the City in permanent restoration of the street shall be performed. The minimum amount of such deposit shall be determined by the City Council by resolution, and may be changed from time to time. The City Engineer may require additional amounts, if he determines that the minimum amount is not sufficient to guarantee performance of the work. B. All work by the City shall be billed against the amount of the deposits made. C. If there are funds remaining after completion of the work, they shall be returned to the permittee. D. If the amount of the deposit is not sufficient to cover the costs incurred by the City in performing its responsi- bilities, then the amount remaining due and owing over and above the amount of the deposit shall be billed to the permittee by the City. Section 33. WORK TO BE COMPLETED PROMPTLY The permittee shall prosecute with diligence and expedite all work, and shall promptly complete such work and restore the street in accordance with the provisions of this ordinance, as soon as practicable, and in any event, not later than the date specified in the permit. Section 34. URGENT WORK If, in the judgement of the City Engineer, traffic con- dition, the safety or convenience of the traveling public, or the public interest require that the excavation work be performed in a shorter period than otherwise possible, the City Engineer may order, at the time the permit is granted, that a crew of men -15- and adequate facilities be employed by the permittee greater than eight hours per day, to the end that such excavation work may be completed as soon as possible. Section 35. NOISE, DUST, AND DEBRIS RESTRICTIONS A. Each permittee shall conduct and carry out the exca- vation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to re- duce to the fullest extent practicable in the performance of the excavation work noise, dust, and unsightly debris. B. Between the hours of 10 PM and 7 AM, the permittee shall not use, except with the express written permission of the City Engineer, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants in the neighboring property. Section 36. MONUMENTS The permittee shall not disturb any surface monuments or hubs found in the line of excavation work, until authorized to do so by the City Engineer. All street monuments, property corners, bench marks and other monuments disturbed by the prog- ress of the work shall be replaced by the City Engineer, and the cost of the same shall be paid by the permittee. Section 37. INSPECTIONS The City Engineer shall make such inspections as are reasonably necessary in the enforcement of this ordinance. The City Engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as must be reasonably necessary to enforce and carry out the intent of this chapter. Section 38. AS -BUILT DRAWINGS A. Permittees who install structures below the surface of the street shall furnish the City Engineer with accurate drawings, plans and profiles, showing the location and curvature of all underground structures installed, including abandoned -16- installations. Horizontal locations are to be referenced to street center - lines, as marked by survey monuments, and shall be accurate to a tolerance of plus or minus one foot. The depth of such structure may be referenced to the elevation of the finished street above said utility, with depths to the nearest one -tenth foot being shown in a minimum of fifty foot intervals along the location of said utility. B. Such "as- built" drawings shall be submitted to the City Engineer's office within thirty (30) days after completion of the work. C. In the event that the permittee does not have quali- fied personnel to furnish the "as- built" drawing required by this section, he shall advise the City Engineer, in order that necessary field measurements may be taken by the City Engineer during construction, and the "as- built" drawings will be pre- pared by the City Engineer's office. Cost of such field in- spection and measurement, and the preparing of the "as- built" drawings, shall be at the expense of the permittee. Section 39. LIMITATION OF LIABILITY This ordinance shall not be construed as imposing upon the City or any official or employee any liability or responsi- bility for damages to any person injured with the performance of any work for which a permit has been issued. The City and its officials or employees shall not be deemed to have assumed any liability or responsibility by reason of inspections autho- rized hereunder, the issuance of any permit, or the approval of any work. Section 40. VIOLATION - PENALTY Any person violating any provision of this ordinance is guilty of a misdemeanor, and shall be punished by a fine not to exceed $500. Each day that a violation continues shall con- stitute a separate offence. -17- • • • Section 41. SEVERABILITY If any provisions of this ordinance, or its application to any person or circumstance is held invalid, the remainder of the ordinance, or application of the provisions of the ordinance to other persons or circumstances, is not affected. Section 42. REPEALER Ordinance numbers 820, 848, 958, 1125, 1534, 1614, and 2100, and Section 11.04.070 and Chapter 11.08 of the Port Angeles Municipal Code are hereby repealed. Section 43. CODIFICATION Sections 1 through 40 of this ordinance shall be codified as a new chapter in Title 11 of the Port Angeles Municipal Code. Section 44. EFFECTIVE DATE This ordinance shall take effect five days after its publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the ie8'le day of (.,gL7 , 1981. ATTEST: Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig L. 1ller, City Attorney PUB SHED: azerade a 4, / 9,17 /