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HomeMy WebLinkAboutOrd 1341 - SEPA (State Environmental Policy Act) Excavation Environmental Review (Repealed by Ord 1995) 4.1140- 144 N /4./ p i T 5 1 5 1 NO II City of Tu Washington Cover page to Ordinance 1341 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY OF TuKwILA, WASHING- TON, RELATING TO GRADING AND EXCAVATIoN WITHIN TY, AMENDING SECTION 11.08.060 OF THE TUKWILA MUNICIPAL CODE TO DEFINE 'PUBLIC PLACE", AMENDING SECTION 11.12.010 OF THE TUKWILA MUNI- CIPAL CODE TO REQUIRE PERMITS FOR ANY USE OF ANY PUBLIC PLACE, ADDING A NEW CHAPTER 11.22 TO THE TUKWILA MUNICIPAL CODE RELATING TO EXCAVATIONS IN, OVER, UNDER AND ALONG CITY STREETS, REQUIRING PERMITS THEREFOR AND ESTABLISHING RULES AND REGU- LATIONS FOR SUCH EXCAVATIONS, AND ADDING A NEW CHAPTER 16.54 TO THE TUKWILA MUNICIPAL CODE RELATING TO EXCAVATION PERMITS FOR OTHER EXCAVA- TIONS'REQUIRING ENVIRONMENTAL REVIEW. Ordinance 1341 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 1591 §4 (part) 1838 1995 CITY OF TUKWILA JEH clh WASHINGTON 09/20/84 12/18/84 (Rev) ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, RELATING TO GRADING AND EXCAVATION WITHIN THE CITY, AMENDING SECTION 11.08.060 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "PUBLIC PLACE AMENDING SECTION 11.12.010 OF THE TUKWILA MUNI- CIPAL CODE TO REQUIRE PERMITS FOR ANY USE OF ANY PUBLIC PLACE, ADDING A NEW CHAPTER 11.22 TO THE TUKWILA MUNICIPAL CODE RELATING TO EXCAVATIONS IN, OVER, UNDER AND ALONG CITY STREETS, REQUIRING PERMITS THEREFOR AND ESTABLISHING RULES AND REGU- LATIONS FOR SUCH EXCAVATIONS, AND ADDING A NEW CHAPTER 16.54 TO THE TUKWILA MUNICIPAL CODE RELATING TO EXCAVATION PERMITS FOR OTHER EXCAVA- TIONS REQUIRING ENVIRONMENTAL REVIEW. WHEREAS, the City of Tukwila has recently adopted regu- lations pursuant to the State Environmental Policy Act which require environmental review of certain excavations conducted in the City, and WHEREAS, the City Council has determined that the City's current requlations relating to excavations on both private and public property are in need of revision in order to assure such review and to adequately safeguard the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Public Place Defined. Section 11.08.060 of the Tukwila Municipal Code is hereby amended to read as follows: 11.08.060 Public Place. "Public place" means any and all real property owned or leased by the City of Tukwila and open to the public, including, but not lim- ited to, parks, recreationsl facilities and trails, golf courses, streets, avenues, ways, boulevards, drives, places, alleys, sidewalks and planting (parking) strips, squares, triangles and rights of way and the space above or beneath the surface of the same. Section 2. Public Place Use Permits. Section 11.12.010 of the Tukwila Municipal Code is hereby amended to read as fol- lows: 11.12.010 Permit Required. It is unlawful for anyone to use any public place for any purposes, without a written permit from the City to do so, and without complying with all the provisions of this title in relation thereto; provided that nothing contained herein shall apply to street maintenance work or street or sewer installation or improvement work performed by the City or by any contractor retained by the City to perform any work on the City's behalf, and provided further that the provisions of Chapter 11.22 of the Tukwila Municipal Code shall take precedence over the requirements of this Chapter 11.12 to the end that issuance of a permit pursuant to Chapter 11.22 shall be required in lieu of obtaining a permit pursuant to this chapter. Section 3. Street Excavations. A new Chapter 11.22 re- lating to excavations in City streets and rights of way entitled "Street Excavations" is hereby added to the Tukwila Municipal Code to read as follows: 11.22.010 Definitions. For purposes of this chap- ter, the following terms have the meanings set forth be- low: A. "Applicant" means any person making written application to the director of public works for an excavation permit under this chapter. B. "Excavation Work" means the excavation and other work permitted under an excavation permit re- quired by this chapter. C. "Permitee" means any person who has been gran- ted and has in full force and effect an excavation permit issued under this chapter. D. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind, including, but not limited to, water utilities, sewer utilities, gas companies, tele- phone companies and other utility companies, public utilities and municipal corporations excluding the City of Tukwila. E. "Street" means any street, highway, sidewalk, alley, avenue, easement or other right of way owned by the City. 11.22.020. Excavation Permit Required. It is un- lawful for any person to dig up, break, excavate, tunnel under, undermine or in any manner penetrate the surface of any street in the City of Tukwila unless such person shall have first obtained an excavation permit therefor from the director of public works as provided in this chapter. 11.22.030. Application- Contents. A. Any person desiring to apply for an excavation permit under this chapter shall do so by filing a written application therefor with the City director of public works. Such application shall be signed by the person who intends to conduct the excava- tion. The application shall be in such form as the director of public works may reasonably require and shall include, at a minimum, the following infor- mation: 2 1. The name, address and telephone number of the applicant; 2. The nature, location and purpose of the excavation; 3. The date of commencement and the date of anticipated completion of the excavation; and 4. Such other and further information as may be required by the director of public works. B. All applications shall be accompanied by a plan showing the extent of the proposed excavation work, the dimensions and elevations of both the existing ground prior to the excavation and the proposed excavated surfaces, the location of the excavation work and such other information as may be required by the director of public works. C. A nonrefundable application fee in an amount as set by resolution of the City Council shall accompany each application for the issuance of an excavation permit. Said application fee shall be in addition to all other fees for permits or charges relative to any proposed construction work. 11.22.040 Director of Public Works may issue Permit -When. A. The director of public works shall have the responsibility for issuing all excavation permits under this chapter. The director of public works may issue an excavation permit to an applicant if all of the following criteria and conditions are met: 1. The proposed excavation will not create a likelihood of endangering persons or property during or after the excavation; 2. The proposed excavation will not create an unreasonable interference with normal traffic flow on the street in which the excavation will be made and will not unreasonably inter- fere with normal access to any property ad- joining the street; 3. The excavation meets all standards and specifications of the City as shown by the plans submitted by the applicant; 4. The applicant has agreed in writing to indemnify, defend and hold the City harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant's permitted ex- cavation; 5. The applicant has provided a surety bond to the City in accordance with the provisions of this chapter; and 6. The applicant has and will have in full force and effect throughout the duration of the permit comprehensive general liability insurance for personal injury and property damage as required by this chapter. 3 7. All conditions necessary to mitigate ad- verse environmental impacts have been appended to the permit with respect to proposed pro- jects subject to environmental review under SEPA (RCW 43.21C). B. If any of the conditions or criteria specified in subsection A above are not met, the director of public works may either deny the permit or ap- prove the permit with such conditions as the direc- tor of public works determines are necessary to meet the said criteria and conditions. 11.22.050 Term of Permit. All excavation permits issued pursuant to the provisions of this chapter shall expire on a date certain, which date shall be estab- lished by the director of public works as the date on which the excavation is to be completed. This expira- tion date shall be clearly noted on the permit. 11.22.060 Bond Required. Before an excavation permit may be issued under the provisions of this chap- ter, the applicant shall deposit with the director of public works a surety bond in an amount determined by the director of public works to be sufficient to ensure completion of the work and fulfillment of the warranty provided for herein and in a form approved by the City attorney. Said bond shall guarantee completion of all excavation and street restoration work required by this chapter and by the conditions of the permit within the time limits set on the permit by the director of public works. Said bond shall further guarantee that all excavation and street restoration work shall be free from settling and defects in workmanship or materials for a period of two years after the date said work is completed and accepted by the City. 11.22.070 Insurance Required. Before an excava- tion permit may be issued, the applicant shall secure comprehensive general liability insurance for personal injury and property damage in an amount determined by the director of public works which shall remain in full force and effect throughout the duration of the permit and for a period of two years after acceptance of the street restoration work by the City. The policy of in- surance shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Proof that the appli- cant has such insurance must be furnished to the direc- tor of public works prior to issuance of the permit. 11.22.080 Routing of Traffic. The permittee shall take such measures as are deemed necessary by the direc- tor of public works and of the City police chief to assure that during the performance of the excavation work pre- excavation traffic conditions and flow are maintained as nearly as practicable. No street may be closed by the permittee without the express permission of the director of public works. The permittee shall route and control traffic, including its own vehicles, as directed by the City police department. Where flag- men are deemed necessary by the director of public works, they shall be furnished by the permittee at the permittee's expense. 4 11.22.090 Clearance for Fire Equipment. The exca- vation work shall be performed and conducted so as not to interfere with access to fire stations and fire hy- drants. Materials or obstructions shall not be placed within fifteen (15) feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free from obstructions at all times. 11.22.100 Protection of Traffic. The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon the City streets as little as possible. The permittee shall construct and maintain crossings over excavations and across streets under restoration or improvement which, in the opinion of the director of public works, are adequate and safe to accommodate vehi- cular and pedestrian traffic at all times. 11.22.110 Protection of Adjoining Property- Access. The permittee shall at all times and at the permittee's expense, preserve and protect from injury any adjoining property by providing proper foundations and taking other measures which, in the opinion of the director of public works, are suitable for such purposes. The per mittee shall at all times maintain adequate access to all properties adjoining the excavation or work site. 11.22.120 Protective Measures Fences, Barriers. The permittee shall erect at the permittee's expense such fence, railing or barriers about the site of the excavation or street restoration work as, in the opinion of the director of public works, may be neces- sary to prevent danger to vehicles or pedestrians using the City streets or sidewalks, and such protective bar- riers shall be maintained until the director of public works otherwise directs. Such protective barriers shall be equipped with adequate lighting to provide for both daytime and nighttime visibility. 11.22.130 Excavated Material. All excavated mate- rial which is piled adjacent to the excavation shall be piled and maintained in such manner so as not to endan- ger those working in the excavation or pedestrians or users of the streets. When the confines of the area being excavated are too small to permit the piling of excavated material beside the excavation, the director of public works shall have the authority to require the permittee to haul the excavated material to a storage site and then rehaul it to the excavation at the time of backfilling. It is the responsibility of the permittee to secure the necessary permission and make all neces- sary arrangements for any required storage and disposal of excavated material. 11.22.140 Cleanup. As the excavation work pro- gresses, all streets and private property shall be thor- oughly cleaned of all rubbish, excess earth, rock and other debris resulting from such excavation. All clean- up operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the director of public works. 11.22.150 Backfilling. Backfilling in any street opened or excavated pursuant to an excavation permit issued under the provisions of this chapter shall be compacted to a degree equivalent to that of the undis- turbed ground in which the excavation was begun unless, the director of public works determines a greater degree 5 of compaction is necessary to produce a satisfactory re- sult. All backfilling shall be accomplished according to City standards and specifications and shall meet the approval of the director of public works. 11.22.160 Street Restoration. A. Permanent restoration of the street shall be made by the permittee in strict accordance with the standards and specifications of the City of Tukwila and in a manner meeting the approval of the direc- tor of public works. Permanent restoration may in- clude overlays of portions of the street which have been disrupted by the excavation work. B. The permittee shall guarantee and maintain the site of the excavation work to City standards and specifications for a period of two years following the completion of the restoration and acceptance by the City. Acceptance or approval of any excavation work or street restoration by the director of pub- lic works shall not prevent the City from asserting a claim against the permittee and his or its surety under the surety bond required by this chapter for incomplete or defective work if such incompleteness or defective work is discovered within two years from completion of the excavation work. The pre- sence of the director of public works during the performance of any excavation work shall not re- lieve the permittee of its responsibilities under this chapter. C. If the permittee has failed to complete the ex- cavation work and restore the surface of the street to City standards and specifications and the approval of the director of public works within the time fixed by the permit, or fails to perform any work or protective measure required by this chapter or by the director of public works pursuant to this chapter, the director of public works shall have the authority to have all such uncompleted work or restoration completed. The permittee shall be liable for any costs incurred by the City in com- pleting such work. 11.22.170 Inspections. The director of public works or his designee may make such inspections as they deem reasonably necessary in the enforcement of this chapter. When such inspections are made, the permittee shall reimburse the City for the cost of such inspections. 11.22.180 As -Built Drawings, Plans and Profiles. Upon completion of the excavation work, the permittee shall deliver to the City accurate drawings, plans and profiles showing the location and character of all un- derground structures installed during the excavation work. 11.22.190 Provisions not Applicable to City Work. The provisions of this chapter shall not be applicable to any excavation work or street restoration performed by the City or by any contractor retained by the City to perform such work or restoration on the City's behalf. 11.22.200 Liability of City. This chapter shall not be construed as imposing upon the City or any official or employee of the City any liability or responsibility for damages to any person injured by the performance of any excavation work for which an 6 excavation permit is issued under this chapter; nor shall the City or any official or employee thereof be deemed to have assumed such liability or responsibility by reason of inspections authorized under this chapter, the issuance of any permit or the approval of any excavation work. 11.22.210 Stop Work Order. The director of public works or his or her designee may issue a written stop work order to any person violating any provision of this chapter or performing any work in violation of any permit issued under this chapter. The written stop work order may be served by delivering the same on any person person engaged in the work and /or on the permittee. All such persons shall immediately stop work and /or cause such work to be stopped until further direction by the director of public works or his or her designee to proceed. Such stop work order shall constitute immedi- ate revocation of the permit issued under this chapter, subject to reinstatement of the permit by the director of public works upon the taking of appropriate remedial action. 11.22.220 Violations- Penalties. Any person viola- ting any of the provisions of this chapter, including the violation of any stop work order, is guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine in any amount not exceeding $1000 or im- prisonment for a period not exceeding one year, or by both such fine and imprisonment. Each day such viola- tion is committed or permitted to continue constitutes a separate offense and shall be punishable as such under this chapter. Section 4. Excavations. A new chapter 16.54 relating to excavation permits for excavations requiring environmental review and entitled "Excavations" is hereby added to the Tukwila Municipal Code to read as follows: 16.54.010 Definitions. For purposes of this chap- ter, the following terms shall have the meanings set forth below: A. "Applicant" means any person making written appli- cation to the Planning Director of the City of Tukwila for an excavation permit under the provisions of this chapter. B. "Excavation" means the digging up, tunneling under, undermining or penetration of the surface of the earth at any place other than on real property owned or leased by the City of Tukwila in any manner which is not cate- gorically exempt from environmental review under the City's SEPA ordinances and regulations, provided, that the term excavation as used in this chapter shall not include any excavation which is governed by the provi- sions of the Uniform Building Code as adopted by the City. 16.54.020 Excavation Permit Required. It is un- lawful for any person to conduct or engage in any exca- vation governed by the provisions of this chapter unless such person shall have first obtained an excavation per- mit therefore from the Planning Director of the City of Tukwila as provided herein. 7 16.54.030 Application Contents. A. Any person desiring to apply for an excavation per- mit under this chapter shall do so by filing a written application therefore with the City Planning Director. Such application shall be signed by the person who in- tends to conduct or engage in the excavation. The application shall be in such form as the Planning Direc- tor may reasonably require and shall include, at a mini- mum, the following information: 1. The name, address and telephone number of the applicants; 2. The nature, location and purpose of the excava- tion; 3. The date of commencement and the date of anti- cipated completion of the excavation; and 4. Such other and further information as may be required by the Planning Director. B. All applications shall be accompanied by a plan showing the extent and location of the proposed excava- tion work, the dimensions and elevations of the both the existing ground prior to the excavation and the proposed excavated surfaces, and such other information as may be required by the Planning Director. C. All applications shall be accompanied by a soils analysis completed and certified by a licensed geotech- nical engineer. D. A nonrefundable application fee in an amount as set by resolution of the City Council shall accompany each application for the issuance of an excavation permit. Said application fee shall be in addition to all other fees for permits or charges relative to any proposed construction work. 16.54.040 Departmental Review Issuance of Per- mit. A. Upon receipt of completed excavation permit appli- cation, the Planning Director shall circulate the appli- cation to the heads of all affected City departments for review and comment. B. Upon receipt of comments from all affected depart- ment heads, the Planning Director shall proceed to det- ermine whether an excavation permit may be issued. The Planning Director may issue an excavation permit to an applicant if all of the following criteria and condi- tions are met: 1. The proposed excavation will not create a like- lihood of endangering persons or property during or afte the excavation; 2. The excavation meets all standards and specifi- cations of the City as shown by the plan submitted by the applicant; 3. The applicant has agreed in writing to indemni- fy, defend and hold the City harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant's permitted excavation; 8 4. The applicant has provided a surety bond to the City in accordance with the provisions of this chapter; 5. The applicant has and will have in full force and effect throughout the duration of the excava- tion permit comprehensive general liability insur- ance for personal injury and property damage as required by this chapter; and 6. All conditions to necessary to mitigate ad- verse environmental impacts have been appended to the permit. C. If any of the conditions or criteria specified in subsection B above are not met, the Planning Director may either deny the permit or approve the permit with such conditions as the Planning Director determines are necessary to meet the said criteria and conditions. 16.54.050 Term of Permit. All excavation permits issued pursuant to the provisions of this chapter shall expire on a date certain, which date shall be establish- ed by the Planning Director as the date on which the excavation is to be completed. This expiration date shall be clearly noted on the permit. 16.54.060 Bond Required. Before an excavation permit may be issued under the provisions of this chap- ter, the applicant shall deposit with the Planning Director a surety bond in an amount determined by the Planning Director to be sufficient to ensure completion of the work provided for in the permit and in a form approved by the City Attorney. Said bond shall guaran- tee completion of all excavation work and fulfillment of all conditions of the permit within the time limits set on the permit by the Planning Director. 16.54.070 Insurance Required. Before an excava- tion permit may be issued the applicant shall secure comprehensive general liability insurance for personal injury and property damage in an amount determined by the Planning Director which shall remain in full force and effect throughout the duration of the permit. The policy of insurance shall name the City of Tukwila as an additional named insured and shall include a provi- sion prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Proof that the applicant has such insurance must be fur- nished to the Planning Director prior to the issuance of the permit. 16.54.080 Inspections. The Planning Director or his designee may make such inspections as they deem reasonably necessary in the enforcement of this chapter. When such inspections are made, the permittee shall re- imburse the City for the cost of such inspections. 16.54.090 Provisions Not Applicable to City Work. The provisions of this chapter shall not be applicable to any excavation work performed by the City or by any contractor retained by the City to perform such work on the City's behalf. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such inva- 9 lidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE APPROVED: CITY OF TUKWILA, WASHINGTON, at a In accordance with RCW 35A.12.130, Mayor regular meeting thereof this 21st Van Dusen has elected not to approve this day of January, 1985. ordinance. On February 1, 1985 it becomes 'valid without his approval. ATTEST /AUTHENTICATED: a (G 7 Z:-„,C4t_ CITY CLERK, MARINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY /1X117.-- FILED WITH THE CITY CLERK: Se ember 21, 1984 PASSED BY THE CITY COUNCI anuary 21, 1985 PUBLISHED: February 3, 1985 EFFECTIVE DATE: re bructr& 1985 ORDINANCE NO. 1341 10