HomeMy WebLinkAboutCOW 2022-11-14 Item 5E - Ordinance - Right-of-Way Use PermitsCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/14/22
JR
11/14/22
11/21/22
JR
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 11/21/22
SPONSOR ❑Council Mayor HR DCD Finance ❑Fire TS P&R ❑Police 11 PLV Court
SPONSOR'S The City requires a right-of-way permit for all activities that disrupt traffic, restrict access,
SUMMARY or modify any infrastructure within the right-of-way or for private use of the public right-
of-way. The current TMC Chapter needs to be updated to facilitate a successful permit
experience and provide a clear & comprehensive set of permit requirements. Consolidating
the number of permit types will reduce complexity and ensure all fees are captured. Council
is being asked to approve the Ordinance amending TMC Chapter 11.08.
REVIEWED BY
ITEM INFORMATION
ITEM NO.
5.E.
107
STAFF SPONSOR: SEONG KIM
ORIGINAL AGENDA DATE: 11/14/ 22
AGENDA ITEM TITLE
Tukwila Municipal Code 11.08
Ordinance Amendment
11/14/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11 Ordinance
Mtg Date
Mtg Date 11/21/22
SPONSOR ❑Council Mayor HR DCD Finance ❑Fire TS P&R ❑Police 11 PLV Court
SPONSOR'S The City requires a right-of-way permit for all activities that disrupt traffic, restrict access,
SUMMARY or modify any infrastructure within the right-of-way or for private use of the public right-
of-way. The current TMC Chapter needs to be updated to facilitate a successful permit
experience and provide a clear & comprehensive set of permit requirements. Consolidating
the number of permit types will reduce complexity and ensure all fees are captured. Council
is being asked to approve the Ordinance amending TMC Chapter 11.08.
REVIEWED BY
11 Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 11/07/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Committee of the Whole and Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 11/04/2022
11/21/22
Draft Ordinance TMC 11.08 Revisions
Minutes from Transportation and Infrastructure Committee meeting of 11/07/2022
(distributed separately)
107
108
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
City of Tukwila
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
Nora Gierloff, Community Development Director
Hari Ponnekanti, Public Works Director
Kerry Murdock, Development Review Engineer
Seong Kim, Deputy Utilities Engineer
Mayor Ekberg
November 4, 2022
Tukwila Municipal Code 11.08 Ordinance Amendment
Allan Ekberg, Mayor
ISSUE
Amend sections of the Tukwila Municipal Code (TMC) Chapter 11.08 Permits (Right -of -Way
Use) to improve permitting procedures and to align with the proposed Consolidated Permit Fee
Ordinance for 2023-2024.
BACKGROUND
The City of Tukwila owns and is responsible for the property under, on, or above the streets,
roadways, and sidewalks. This typically extends 10 to 20 feet beyond the roadway pavement
and often will extend into what appears to be private property. Assets within the right-of-way
may include the street, curb, gutter, sidewalks, vegetation, sewer and water lines, telephone,
power, and other utility infrastructure.
The City requires a right-of-way permit for all activities that disrupt traffic, restrict access, or
modify any infrastructure within the right-of-way or for private use of the public right-of-way.
Right-of-way permits are also required for private use of the public right-of-way including
replacement of, or modifications to driveways, sidewalk repairs, water or sewer main taps, utility
line installations and utility pole installations or modifications and blanket activities.
Entities that hold a franchise with Tukwila, such as Water Districts and telecommunication
companies, can obtain a blanket activities permit. "Blanket Activities" means work that does not
include cutting, removing, or disturbing the pavement surface that include routine maintenance
of existing utility owned infrastructure within the right-of-way. Blanket Activity permits are
obtained on an annual basis and are intended to streamline the permitting requirements for
routine maintenance work.
As part of the submittal for a right-of-way permit, a Traffic Control Plan (TCP) is required when
the applied for activity modifies existing traffic or pedestrian patterns, e.g., closing a roadway
lane or closing a sidewalk. The TCP ensures contractor, pedestrian, and motorist safety is
ensured during the approved work hours of the project. When applicable, Temporary Erosion &
Sediment Control Plans (TESC) & restoration plans are required when any hard surface
disturbance (cuts) occurs within the right-of-way. This may include asphalt or concrete
replacement, utility excavation, and trenching. The TESC ensures that sediment does not enter
into the City's drainage system and that City assets such as asphalt are fully restored back to
their original condition, extending the life of the pavement for long term use. In sum, requiring
entities using the City's rights-of-way to obtain permits ensures that the right-of-way is
maintained appropriately for its intended use — public access.
109
INFORMATIONAL MEMO
Page 2
DISCUSSION
Existing TMC chapter governing right-of-way permits (TMC Chapter 11.08) lacked clarity and
created a convoluted set of permit requirements that made it hard for City staff to implement and
applicants to follow. City staff is in agreeance that Chapter 11.08 needs to be updated to
facilitate a successful permit experience for the applicant and the assigned reviewer.
Additionally, engineering industry practices are constantly changing and are ever evolving;
these revisions seek to align with and improve upon current industry standards.
Proposed updates to Chapter 11.08 Permits (Right -of -Way) look to consolidate the right-of-way
permit subtypes into two categories — Right -of -Way Use Permit (ROWUP), and an Annual
Activities Blanket Permit (AABP). Currently there are six different types of rights-of-way permits
(A — F). The (ROWUP) would be required for both franchise holders and non -franchise holders
performing any kind of work in the right-of-way. The (AABP) may be issued to franchise holders
on an annual basis to undertake blanket activities as defined by the updated Chapter 11.08.
Consolidating the number of permit types will reduce complexity and streamline the way permit
applications are reviewed will ensuring the City's ROWs are still adequately protected.
Additionally, these revisions ensure all permit fees are captured.
FINANCIAL IMPACT
There is no direct financial impact to the City. The proposed revisions will ensure that permit
fees are being collected for all permit types issued by the City and will reduce staff time related
to reviewing and administering right-of-way permits.
RECOMMENDATION
Council is being asked to approve the Ordinance amending TMC Chapter 11.08 and consider
this item at the November 14, 2022 Committee of the Whole and subsequent November 21,
2022, Regular Council Meeting.
Attachments: Draft Ordinance TMC 11.08 Revisions
110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING ORDINANCE NO.
2253 AND AMENDING ORDINANCE NO. 1995 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 11.08, "PERMITS," TO RETITLE TMC CHAPTER
11.08 AS "RIGHT-OF-WAY USE PERMITS," AND
ESTABLISH NEW REGULATIONS RELATED TO
ACTIVITIES WITHIN THE RIGHT-OF-WAY, PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City is engaged in an ongoing effort to streamline code processes
and improve permitting procedures; and
WHEREAS, the City desires to provide clarification on regulations related to Right -
of -Way Use Permits and Annual Activities Blanket Permits; and
WHEREAS, the proposed revisions to Tukwila Municipal Code (TMC) Chapter 11.08
will align the TMC with current engineering industry standards and practices;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No 2253 as codified in Tukwila Municipal Code
(TMC) Chapter 11.08, is hereby repealed in its entirety.
Section 2. Chapter Title. Ordinance No. 1995 §1 (part), as codified at TMC Chapter
11.08, is hereby amended to read as follows:
CHAPTER 11.08
RIGHT-OF-WAY USE PERMITS
Sections:
11.08.010 Permit RequiremcntsPurpose
11.08.020 Right of Way Use PermitsDefinitions
11.08.030 Application ContcntsAdministration and Enforcement
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 1 of 31
111
11.08.040
11.08.050
11.08.060
11.08.070
11.08.080
11.08.090
11.08.100
11.08.110
11.08.120
11.08.130
11.08.140
11.08.150
11.08.160
11.08.170
11.08.180
11.08.190
11.08.200
11.08.210
11.08.220
11.08.230
11.08.240
11.08.250
11.08.260
11.08.270
11.08.280
11.08.290
11.08.300
11.08.310
11.08.320
11.08.330
11.08.340
11.08.350
11.08.360
11.08.370
11.08.380
11.08.390
Permit No Transfer or Assignment Permit Required
Emergency WorkRight-of-Way Use Permits
Application Contents
Permit ExceptionPreconstruction Meeting Required
Revocation of PermitsPermit Approval and Conditions
Renewal of Permits No Permit Transfer or Assignment
InsuranceEmergency Work
Permit Fees and Charges
Hold HarmlessPermit Exception
•
-- _ :: _
RegulationsRevocation or Suspension of Permits
InspectionsRenewal of Permits
Correction and Discontinuance of Unsafe, Nonconforming, or
Unauthorized Conditionslnsurance
-
Deposits, Fees and
Bonds
Warning and Safety DevicesHold Harmless
Clearance for Fire EquipmentCompliance with Specifications,
Standards, and Traffic -Control Regulations
Inspections
Preservation of MonumentsViolations and Unsafe Conditions
Protection from Pollution and NoisoWarning and Safety Devices
Impact of Work on Existing ImprovementsClearance for Fire
Equipment
Restoration of the Pub -lie -Right -of -Way Protection of Adjoining
Property — Access
Recently Improved StrcctsPreservation of Monuments
Coordination of Right of Way Construction Protection from
Pollution
Relocation of Structures in the Public Right of Waylmpact of Work
on Existing Improvements
Restoration of the Right -of -Way
Recently Improved Streets
Coordination of Construction and Notification
Relocation
Abandonment and Removal of Facilities
Record Drawings
Joint Excavation
Additional Ducts or Conduits
Undergrounding
Hazardous Substances
Utility Locates
Moving of Building(s) and/or Equipment
Tree Trimming
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 2 of 31
112
Section 3. Regulations Established. TMC Section 11.08.010 is hereby established
to read as follows:
11.08.010 Purpose
A. The purpose of this chapter is to establish minimum rules and regulations to
govern activities within the right-of-way in the City of Tukwila; and to provide for the fees,
charges, warranties, and procedures required to administer the permit process. To the
extent the provision of any current franchise or other written agreement conflicts with any
provision of this chapter, the applicable provision of the franchise or other written
agreement shall prevail.
B. This code is enacted to protect and preserve the public health, safety, and
welfare. Its provisions shall be liberally construed for the accomplishment of these
purposes.
C. It is expressly the purpose of this code and any procedures adopted hereunder
to provide for and promote the health, safety, and welfare of the general public, and not
to create or otherwise establish or designate any particular class or group of persons who
will or should be especially protected or benefited by the terms of this code or any
procedures adopted hereunder.
Section 4. Regulations Established. TMC Section 11.08.020 is hereby established
to read as follows:
11.08.020 Definitions
A. "Applicant" means a person who has submitted a complete application
pursuant to the terms and conditions of this Chapter.
B. "Blanket Activities" means work that does not include cutting, removing, or
disturbing the pavement surface including:
1. Simple service disconnects for customers;
2. Repair or replacement of standard crossarms, insulators, and/or other
existing equipment on poles or bundles;
3. Replacement of blown fuses or limiters on cutouts;
4. Replacement of existing faulted, broken, or damages overhead service
drops;
5. Repairs or splices to existing overhead primary and secondary wires;
6. Replacement of damaged poles with similar dimensioned stock;
7. Operation of existing overhead primary switches, i.e. the open and closing
of overhead primary switches as necessary;
8. Disconnection of existing services due to non-payment;
9. Changing wire type;
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 3 of 31
113
10. Installation of secondary conductors;
11. Accessing existing vaults;
12. Maintaining hydrants/vaults;
13. Raising or adjusting valves;
14. Vegetation management;
15. Replacing above -ground meters;
16. Installing water sampling stations;
17. Flushing activities, and lining pipes.
C. "City" means the City of Tukwila.
D. "Department" means the City of Tukwila's Public Works Department
E. "Director" means the City of Tukwila Public Works Director or designee.
F. "Emergency" shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes an immediate danger to persons or property, or which
causes interruption of utility or public services.
G. "Facility" or "Facilities" means any plant, equipment and/or property, including
but not limited to, overhead and underground water, gas, electric, and telecommunication
facilities and appurtenances such as cables, wires, conduits, transformers, conduit,
substation, pad -mounted J boxes, switch cabinets, ducts, pedestals, antennas,
electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels.
H. "Franchise Holder" means a person that was issued a franchise agreement by
the City and which franchise is not expired.
I. "Permittee" means a person that has applied for and received a permit pursuant
to TMC Chapter 11.08.
J. "Person" means any individual, association, partnership, corporation or legal
entity, public or private, and includes the agents, contractors, and assigns of such person,
including registered agents thereof.
K. "Preconstruction Meeting" means a meeting between the designated City staff
and the applicant's contractor or designee prior to beginning any construction activity on
the site or within the right-of-way to discuss project approval conditions and preliminary
requirements.
L. "Public Improvement" means any capital improvement, maintenance, or repair
that is undertaken by or on behalf of the City within the franchise area and is funded by
the City (either directly or indirectly), including any capital improvement within the City's
adopted Transportation Improvement Plan or Capital Improvement Program.
M. "Right -of -Way" or "Rights -of -Way" means all public streets and property
granted or reserved for, or dedicated to, public use for street purposes, together with
public property granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or unimproved, including the air
rights, sub -surface rights and easements related thereto.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 4 of 31
114
N. "Right -of -Way Use Permit" means any permit issued pursuant to TMC Chapter
11.08.
O. "Right -of -Way User" means any person with any facility in the Right -of -Way.
Section 5. Regulations Established. TMC Section 11.08.030 is hereby established
to read as follows:
11.08.030 Administration and Enforcement
A. The Director, under the authority of the City Administrator, shall have the
following administrative and enforcement powers:
1. Prepare and adopt procedures as needed to implement this chapter and to
carry out the responsibilities of the Department. Such procedures do not require approval
of the City Council to be initially implemented; however, the Council may take Council
action directing that procedures, guidelines, fees, or other aspects of the permitting
system be amended or modified to the satisfaction of the Council.
2. Administer and coordinate the enforcement of this chapter and all
procedures adopted under this chapter relating to the use of rights-of-way.
3. Carry out such other responsibilities as required by this chapter or other
codes, ordinances, resolutions, or procedures of the City.
4. Request the assistance of other City departments to administer and enforce
this chapter, as necessary.
5. Render interpretations of this chapter or assign the responsibility for
interpretation and application of specified procedures to such designees as may be
deemed appropriate.
Section 6. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.010,
"Permit Requirements," is hereby amended to recodify this section as TMC Section
11.08.040, which shall read as follows:
14-.08.01011.08.040 Permit ReguirementsRequired
A. It is unlawful for anyone any person, except the Department or its agent, to
perform work of any kind in a public right-of-way, or to make private use of any public
right-of-way without btaining a right-of-way use permit issued by the City.pursuant to this
chapter.
B. The decision by the City to issue a permit shall include, among other factors
determined by the City, the following:
1. The capacity of the public right-of-way to accommodate the facilities or
structures proposed to be installed in the public right-of-way.
2. The capacity of the pub -1 lc -right-of-way to accommodate wire in addition to
cables, conduits, pipes or other facilities or structures of other existing users of the pu-b-l-ic
right-of-way, such as electrical power, telephone, gas, surface water, sewer, and water.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 5 of 31
115
3. The damage or disruption, if any, of public or private facilities, improvements,
or landscaping previously existing in the public right-of-way.
4. The public interest in minimizing the cost and disruption of construction
caused by numerous excavations ofin the public right-of-way.
C. The issuance of a permit for use of a right-of-way is subject to the use and needs
of the City and the general public, whether such needs are temporary or permanent, or
for public or private purposes (i.e., utility construction work in the right-of-way by private
service provider), and is a grant of a temporary revocable privilege to use a portion of the
public right-of-way to serve and benefit the general public. The applicant shall have the
burden to prove that any proposed use will enhance and further the public interest
consistent and not in conflict with the use of the right-of-way by the general public and the
City for other authorized uses and activities.
Section 7. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.020,
"Right -of -Way Use Permits," is hereby amended to recodify this section as TMC Section
11.08.050, which shall read as follows:
11.08.02011.08.050 Right -of -Way Use Permits
A. The following classes of right-of-way use permits are hereby established:
1. Public Works Permit. These permits may be issued to applicants who do
not hold a current franchise with the City.
2. Public Works Franchise Permit. These permits may be issued to
applicants who do not hold a current franchise with the City.
3. Annual Blanket Activities Permit. These permits may be issued to
franchise holders on an annual basis to undertake blanket activities as defined by this
chapter.
A. Type A Short Term Nonprofit.
1. Type A permits may be K,ued for use of a right of way for 72 or Tess
continuous-h-o-utro # ups„cam, which do not involvc any physical disturbance
of the right of way.
2. This type of use may involve disruption of pedestrian and vehicular traffic or
of these uses are for profit, they are considered Type B.
3. Type A permits include but are not limited to the following, when for nonprofit
purposes:
a. Assemblies.
b. Bike races.
c. Block parties.
d. Parades.
e. Parking.
f. Processions.
g.
Nonmotorized vehicle races.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
116
Page 6 of 31
h. Street dances.
i. Strcct runs.
B. Type B Short Term Profit.
1. Type B permits may be issued for use of right of way for 72 or Ica-,
right of way.
2. This type of use may involve disruption to pedestrian and vehicular traffic or
long term.
3. Type B permits include, but are not limited to the following when they are for
profit purposes:
a. Fairs;
E permit.
b. House or large structure moves other than those, which require a Type
c. Temporary sale of goods.
d. Temporary street closures.
Type C1 permits shall be required for on site development including, but not
Type C2 permits shall be required for infrastructure work and grading within the public
subsurface of the City right of way.
a. Boring.
b. Culverts.
c. Curb cuts.
d. Paving.
e. Drainage facilities.
f. Driveways.
g. Fences.
h. Landscaping.
i. Painting/Striping.
j. Sidewalks.
k. Street trenching.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 7 of 31
117
I. Utility installation, repair, replacement.
D. Type D Long Term
physically disturb the right of way.
2. The use of the right of way for structures, facilities, and uses that involve
capital expenditures and long term commitments of use require this type of permit.
3. Type D permits include, but are not limited to:
a. Air rights and aerial facilities.
b. Bus shelters and stops.
c. Access to construction sites and haul roads.
d. Loading zones.
e. Newspaper sale, distribution, and storage facilities.
f. Recycling facilities.
g. Sales structures.
h. Sidewalk cafes.
i. Special and unique structures, such as awnings,
benches, clocks,
and street furniture.
j. Underground rights.
k. Utility facilities.
I. Waste facilities.
E. Type E Potential Disturbance of City Right -of -Way.
1. Type E permits may be issued for use of a right of way, for a period not in
excess of 180 continuous days, for those activities that have the potential of altering the
appearance of, or disturbing the surface or subsurface of, the right of way.
2. Type E permits include, but are not limited to:
hour during any eight hour period in one day, for two or more consecutive days.
b. Any hazardous waste hauling.
3. Type E permits may be issued to a general contractor to authorize
F. Type F Blanket permits.
The Director may issue blanket permits to any person to make utility service
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
118
Page 8 of 31
and shall only authorize work referred to in this chapter.
Section 8. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs A and B, are hereby amended to recodify this
section as TMC Section 11.08.060, which shall read as follows:
11.08.03011.08.060 Application Contents
A. To obtain a right-of-way use permit, the applicant shall submit, in the format and
manner specified by the Director, an application with the City's Permit Center to the City.
B. Every application shall contain, as applicable:
1. The name, address, telephone and facsimile number, and email address of
the applicant. Where an applicant is not the owner of the facility to be installed,
maintained or repaired in the public right-of-way, the application shall also include the
name, address, telephone and facsimile number, and email address of the owner. Where
the applicant is not the owner of the facility or facilities to be installed, maintained, or
repaired, the applicant must demonstrate in a form and manner specified by the Director
their authorization to act on behalf of the owner.
2. A description of the location, including the address and GPS coordinates,
nature and extent of the work proposed., proposed use of the public right of way, method
restoration.
3. A site plan showing the proposed location of the proposed work and
dimensions of the excavation; the facilities to be installed, maintained, or repaired in
e .111
4. A copy or other documentation of the If the applicant holds a franchise,
easement, encroachment permit, license or other legal instrument with the City that
authorizes the applicant or owner to use or occupy the public right-of-way for the purpose
described in the application, the applicant shall attach a copy of that document to the
application.
by the Director their authorization to act on behalf of the owner.
5. The proposed start date and duration of the use or excavation.work, which
shall include the restoration of the right-of-way physically disturbed by the work.
6. The proposed duration of the use or excavation, which shall include the
duration of the restoration of the public right of way physical disturbed by the
excavation.
76. Written acknowledgment that the applicant
comply with all terms and conditions of this title, the orders, regulations, and standard
plans and specifications as promulgated by the Director; and that the applicant and owner
arc's not subject to any outstanding assessments, fees or penalties that have been finally
determined by the City or a court of competent jurisdiction.
will
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 9 of 31
119
87. A current business license issued bythrough the Washington State
Department of Revenue with an endorsement for the City of Tukwila.
98. Evidence of insurance as required by IMC Section 11.08.10011.08.150.
1-09. A deposit financial guarantee as required by TMC Section
11.08.11011.08.160.
1410. A traffic control plan to be approved by the DepartmentDirector.
1-211. Any other information that may be reasonably required by the
DepartmentDirectoi.
1--312. An estimate of the value of the project. The Director may also require
an applicant to submit separate cost estimates for each item of improvement.
13. An application fee as required by TMC Section11.08.06011,08.110.
C. The Director may allow an applicant to maintain documents complying with TMC
Sections 11.08.03011.08.060.6..-, subparagraphs 4, 6,8, 6-9 and 5.-10 on file with the
Department, rather than requiring submission of such documents with each separate
application.
Section 9. Regulations Established. TMC Section 11.08.070 is hereby established
to read as follows:
11.08.070 Preconstruction Meeting Required
A preconstr!lction meeting may be required at the Director's discretion.
Section 10. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.030,
"Application Contents," subparagraphs C and D, are hereby amended to recodify this
section as TMC Section 11.08.080, subparagraphs A and B, which shall read as follows:
' ec. iori 11.08.080 iApproval ane i:oriditions
C. The Director or his/her designee shall examine each application submitted for
review and approval to determine if it complies with the applicable provisions and
- a • -
A. If the Director finds that the application conforms to the requirements and
procedures of this chapter and the procedures adopted under this chapterand titi , that
the proposed use of such right-of-way will not unduly interfere with the rights and safety
of the public, and if the application has not been disapproved by another department with
authority, the Director may approve the permit, and may impose such conditions thereon
as are reasonably necessary to protect the public health, welfare and safety, and to
mitigate any impacts resulting from the use. Such conditions ..u,
limited to:
1. Compliance with all applicable provisions of TMC Title 11;
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
120
Page 10 of 31
2. Compliance with applicable provisions of the Infrastructure Design and
Construction Standards Manual;
3. Limitations on the hour, the day and the period of the year in which the work
may be performed;
4. Requirement of a traffic control supervisor onsite during approved working
hours.
5. Installation and maintenance of temporary erosion control measures, as
applicable;
6. Pre -construction storm drainage patterns shall be met during and after
construction; and
7. Compliance with all applicable provisions of TMC Chapters 8.45 and 14.30.
B. Additionally, if at any time conditions unforeseen at the time of issuance of the
permit are discovered which could, in the opinion of the Director, cause unforeseen
damage to public or private property or a hazard to life or property or become a public
nuisance, the Director may stop any further work under the permit until the permit
conditions have been modified by the Director in such a manner as to protect from or
eliminate the potential damages, hazards or nuisances enumerated in this chapter.
D. All applications for permits will be submitted at least 30 days before the planned
need for the permit. If unforeseen conditions require expedited processing, the City will
attcmpt to cooperatc, but additional fccs to cover additional costs to the City may be
charged to the applicant.
Section 11. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.040,
"Permit — No Transfer or Assignment," is hereby amended to recodify this section as TMC
Section 11.08.090, which shall read as follows:
1-1-.08.04011.08.090 Permit -No ermu Transfer or Assignment
Permits issued pursuant to this chapter shall not be transferable or assignable unless
prior written consent is received from the City, and work shall not be performed under a
permit in any place other than that specified in the permit. Nothing herein contained shall
prevent a permittee from subcontracting the work to be performed under a permits
provided—Zhowever, that the holder of the permit shall be and remains responsible for the
performance of the work under the permit, and responsible for all bonding, insurance and
other requirements of this title and under said permit.
Section 12. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.050,
"Emergency Work," is hereby amended to recodify this section as TMC Section
11.08.100, which shall read as follows:
11.08.05011.08.100 Emergency Work
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 11 of 31
121
In the event that an
emergency necessitates work in the right-of-way for the protection of public or private
property, a person may conduct the work after the person performing the work has notified
the City's Police and Fire Departments of such work and an application for a permit as
provided in this chapter shall be made on the next succeeding business day whether or
not the emergency work has been completed.
B. In the event that emcrgcncy work is commenced on or within any public right of
The person commencing and conducting such emergency work shall take all necessary
safety precautions for the protection of the public, the direction and control of traffic, and
shall insure that work is accomplished according to City standards, regulations, the
Manual on Uniform Traffic Control Devices, and other applicable laws, regulations or
generally recognized practices in the industry.
C. Nothing contained in this chapter shall be construed to prevent any permit or
franchise holderperson from taking any action necessary for the preservation of life or
property or for the restoration of interrupted service
excavator when such necessity arises during days or times when the City is
closed.Department is closed. In the event that any permit or franchise holder takes action
to excavate or cause to be excavated the public right of way, such permit or franchise
and work remaining to be performed.
Section 13. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.060,
"Permit Fees and Charges," is hereby amended to recodify this section as TMC Section
11.08.110, which shall read as follows:
4-1.8.06011.08.110 Permit Fees and Charges
A. The Director shall -be -responsible for the plan review, plan approval, inspection
developer.
B. The fee for these services The permit and inspection fees for any permit issued
pursuant to this chapter shall be set forth in a fee schedule to be adopted by motion or
resolution of the Tukwila City Council dnd as aniencoea irorri iirne to rine.
C. Type A, B, D, E and F permit fees will be a flat rate.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
122
Page 12 of 31
AM
D. Type C1 permits shall be required for on site development including, but not
for Type C1 permits shall consist of the following parts:
1. An Application Base Fee, which is associated with establishing the
nec-es,sary files;
2. A fee associated with the plan review and approval of thc construction plans;
3. A fee as,ociated with the issuance of the permit and the required inspection
4. A Grading Plan Review.
For Type 01 permits, the developer shall submit separate cost estimates for each
item of improvement. The Department will check the accuracy of these estimates.
within the City right of way. The total fees for Type C2 permits shall consist of the
following parts:
1. An Application Base Fee, which is associated with establishing the
necessary files;
2. A fee associated with the plan review and approval of thc construction plans,
the fee amount determined from the value of the construction within thc public right of
way; B. As applicable, additional fees may be imposed as follows:
31. A fee associated with the issuance of the permit and the required inspection
of the construction (Permit Issuance and Inspection Fee), which is, the fee amount to be
determined from the value of the construction within the public right of way;
42. A Grading Plan Review fee.
3. A pavement mitigation fee associated with the loss of pavement life from the
any proposed excavation in the public right-of-way, the fee amount determined from the
square footage of excavation being performed and the age of the pavement; aid
5. A Grading Plan Review.
starting the review, with the balance of the total fee due and payable prior to issuance of
additional re review revision review, which is attributed to the developer's action or
inaction, shall be charged as a separate transaction fee in accordance with the fee
schedule adopted by resolution of the City Council.
be imposed, theyThese fees will be added to the balance due and be payable prior to
issuance or final of the permit.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 13 of 31
123
Section 14. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.070,
"Permit Exception," is hereby amended to recodify this section as TMC Section
11.08.120, which shall read as follows:
11.08.07011.08.120 Permit Exception
Permits under this chapter shall not be required for public use; i.e., persons using the
right-of-way as pedestrians or while operating motor and non -motorized vehicles for
routine purposes such as travel, commuting, or personal business.
Section 15. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.080,
"Revocation of Permits," is hereby amended to recodify this section as TMC Section
11.08.130, which shall read as follows:
44,08,08011.08.130 Revocation or Suspension of Permits
A. The Director may revoke or suspend any permit issued under this chapter
whenever:
1. The activity or work does not proceed in accordance with the permitp as
approved, in accordance with conditions of approval, or is not in compliance with the
requirements of this chapter or procedures, or other City ordinances, or State laws;
2. The City has been denied access to investigate and inspect how the right-
of-way is being used;
3. The permittee has misrepresented a material fact in applying for a permit (a
material fact is a fact which, had the truth been known at the time of the issuance of the
permit, the permit would not have been granted);
4. The City believes the permitted activity is, or will be, endangering the public,
adjoining property, the street, or infrastructure in the street.The progress of the permitted
property or the street or utilities in the street, or any excavation or fill endangers or
utilities in the street.
B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease,
except as authorized by the Director.
C. Continued activity following revocation or suspension under this section shall be
subject to the enforcement provisions in TMC Chapter 8.45.
violator to the maximum penalties provided by this chapter, with every day constituting a
new violation.
Section 16. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.090,
"Renewal of Permits," is hereby amended to recodify this section as TMC Section
11.08.140, which shall read as follows:
11.08.09011.08.140 Renewal of Permits
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
124
Page 14 of 31
Each permit shall be of a duration as specified on the permit. A permit may be
renewed at the discretion of the Director, if requested by the permit holder before
expiration of the permit; provided, however, that the use or activity is progressing in a
satisfactory manner as reasonably determined by the Director.
Section 17. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.100,
"Insurance," is hereby amended to recodify this section as TMC Section 11.08.150, which
shall read as follows:
11.08.10011.08.150 Insurance
A. Unless the Director determines that there is not a probability of injury, damage,
or expense to the City arising from an applicant's proposed use of the right-of-way or
public place, the permittee or the applicant holds a current franchise with the City, the
applicant shall obtain and maintain in full force and effect, throughout the term of the
permit, or as long as the permittee has facilities in the right-of-way, an insurance policy or
policies issued by an insurance company or companies satisfactory to the Director,
than one company, each company shall have policyholders' surplus of at Icst 10 timcs
vehicles, and employees with the following limits and provisions: insuring both the
applicant and the City against claims for injuries to persons, death or damages to property
that may arise from, or in connection with, the exercise of the rights, privileges and
authority granted to the applicant under this chapter:
1. Comprehensive Commercial general liability insurance written on an
occurrence basis. The insurance policy shall be endorsed to provide a per project general
aggregate and there shall be no exclusive for liability arising from explosion, collapse, or
underground property damage. The policy shall have limits not less than:with limits of not
less than $2,000,000 each occurrence combined single limit for bodily injury and property
damage, including contractual liability; personal injury; explosion hazard, collapse hazard,
and underground property damage hazard; products; and completed operations.
a. $3,000,000 for bodily injury, property damage, products -completed
operations, stop gap liability, personal injury and advertising injury, and liability assumed
under an insured contract;
b. $6, 000,000 general aggregate, per project aggregate and products -
completed operations aggregate.
2. Business automobile liability insurance with limits not Tess than $1,000,000
$2,000,000 each occurrence combined single limit for bodily injury and property damage,
including owned, non -owned, and hired auto coverage, as applicable.
3. Contractors' pollution Pollution liability insurance, on an occurrence form,
with limits not less than $1,000,000 each occurrence combined single limit for bodily injury
and property damage, and $2,000,000 in the aggregate. and any deductible not to exceed
$25,000 each occurrence.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 15 of 31
125
4. Worker's compensation within statutory limits and employer's liability
insurance, with limits of not less than $1,000,000.
5. Excess or umbrella liability policy shall be excess over and at least as broad
in coverage as the commercial general liability and automobile liability insurance, with
limits not less than $5,000,000 per occurrence and annual aggregate.
46. Said policy or policies shall include the City and its officers, officials
(appointed and elected), and employees, and agents jointly and severally as additional
insureds, shall apply as primary insurance, shall stipulate that no insurance affected by
the City will be called on to contribute to a loss covered there under, and shall provide for
severability of interests.
67. Underwriters shall have no right of recovery or subrogation against the City,
it being the intent of the parties that the insurance policy so affected shall protect both
parties and be primary coverage for any and all losses covered by the described
insurance.
68. The insurance companies issuing the policy or policies shall have no
recourse against the City for payment of any premiums due or for any assessments under
any form of any policy
79. Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to the City, its employees, officers, officials, agents, volunteers, and
assigns.
810. Each insurance policy shall be endorsed to state that the coverage shall
not be suspended, voided, cancelled, or reduced in coverage or in limits, except after 30
days' prior written notice by certified mail, return receipt requested sent to the City.
911. Each policy shall be endorsed to indemnify, save harmless and defend
the City and its officers, officials (appointed and elected), and employees, and agents
against any claim or loss, damage or expense sustained on account of damages to
persons or property occurring by reason of permit work done by Permittccpermittee,
his/her subcontractor or agent, whether or not the work has been completed and whether
or not the right-of-way has been opened to public travel.
1-012. Each policy shall be endorsed to indemnify, hold harmless and defend
the City, and its officers, officials (appointed and elected), and employees, and agents
against any claim or loss, damage or expense sustained by any person occurring by
reason of doing any work pursuant to the permit including, but not limited to, falling objects
or failure to maintain proper barricades and/or lights as required from the time work begins
until the work is completed and the right-of-way is opened for public use.
B. The permittee shall furnish the City with certificates of insurance and original
endorsements affecting coverage required by the permit. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The City expressly reserves the right to require
complete, certified copies of all required insurance policies at any time. Consequently,
the permittee shall be prepared to provide such copies prior to the issuance of the permit.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 16 of 31
126
C. If any of the required policies are, or at any time become, unsatisfactory to the
City as to form or substance, or if a company issuing any such policy is, or at any time
becomes, unsatisfactory to the City, the permittee shall promptly obtain a new policy,
submit the same to the City for approval, and thereafter submit verification of coverage
as required by the City. Upon failure to furnish, deliver and maintain such insurance as
provided herein, the City may declare the permit to be in default and pursue any and all
remedies the City may have at law or in equity, including those actions outlined in this
chapter.
D. The permittee shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of -the requirements stated herein.
E. A property owner performing work adjacent to his/her residence may submit
proof of a homeowner's insurance policy in lieu of the insurance requirements of this
section.
Section 18. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.110,
"Deposits, Fees and Bonds," is hereby amended to recodify this section as TMC Section
11.08.160, which shall read as follows:
11.08.11011.08.160 Deposits, Fees, and Bonds
bond, cash deposit or letter of credit) in the amount of 150% of the value of the work being
performed within the public right of way in order to guarantee faithful performance of the
work authorized by the permit granted pursuant to this chapter. The—amount—of—the
a -
whenever it appears that the amount and cost of the work to be performed may vary from
the amount of the security otherwise required under this chapter.Before a permit pursuant
to the provisions of this chapter may be issued, the applicant may be required, unless
otherwise provided in a current franchise, to execute to the City a financial guarantee in
a form as approved by the City for the proper protection of the City and conditioned that
obligors of the financial guarantee will pay to the City the costs and expenses incurred by
the City should the person obtaining the permit fail, neglect or refuse to properly complete
the work authorized by the permit within the time limit specified by said permit. Such
financial guarantees are as follows:
1. Performance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than 150% of the estimated cost of the improvements within the
right-of-way). This financial guarantee shall be released upon acceptance of the work and
the receipt of a maintenance financial guarantee. Otherwise, it will be released under the
same time frame as outlined in TMC Section 11.08.160.A.2.
2. Right -of -Way Occupation Financial Guarantee — In a sum of not Tess than
$5,000. Permits allowing right-of-way obstructions, not including the take up, breaking,
excavating, tunneling, undermining, or cutting in any right-of-way in the City, may be
allowed to provide a financial guarantee pursuant to this subsection. The Director may
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 17 of 31
127
release the financial guarantee, without requiring a subsequent maintenance financial
guarantee per TMC Section 11.08.160.A.3, once the work has been accepted as
complete by a city inspector and the permit is finaled and closed.
3. Maintenance Financial Guarantee — In a sum as shall be designated by
the Director (but not less than $5,000 or 10% of the estimated cost of the
improvements within the right-of-way, whichever is greater). This financial guarantee
will be in force for 2 years after the City accepts the work if no repair work is identified
within that 2 -year period. If the City identifies any repair work, the financial guarantee will
extend to either 1 year after the repair is accepted by the City or the end of the original 2 -
year time period, whichever is longer. At the Director's discretion, this maintenance
financial guarantee may be waived if the Director documents in writing a decision that a
financial guarantee is not necessary to protect the interests of the City.
4. The amount of the security financial guarantees required above may be
increased or decreased at the discretion of the Director whenever it appears that the
amount and cost of the work to be performed may vary from the amount of the security
otherwise required under this chapter.
B. Public utilities franchised holding a current City franchise by the City shall not be
required to file any security right-of-way financial guarantee if such requirement is
expressly waived in the franchise documents, however public utilities franchisees shall
guarantee workmanship and materials through a maintenance financial guarantee.
C.
and materials for a period of two ygars following the completion of the work, with
reasonable wear and tear exceptcd. Notwithstanding the foregoing, utilities shall
guarantee workmanship and materials;
D. The security required by this section shall be conditioned as follows:
1. That the permittee shall fully comply with the requirements of the City
ordinances and regulations, specifications and standards promulgated by the Department
relative to work in the Public right-of-way, and respond to the City in damages for failure
to conform therewith;
2. That after work is commenced, the permittee shall proceed with diligence
and shall promptly complete such work and restore the public right-of-way to City
standards, so as not to obstruct the public place or travel thereon more than is reasonably
necessary;
3. That unless authorized by the Director on the permit, all paving, resurfacing
or replacement of street facilities on principal arterial, major or collector streets shall be
done in conformance with the regulations contained herein within three calendar days,
and within seven calendar days from the time the excavation commences on all other
streets, except as provided for during excavation in winter or during weather conditions
which do not allow paving according to City standards. In winter, a temporary patch must
be provided. In all excavations, restoration or pavement surfaces shall be made
immediately after backfilling is completed or concrete is cured. If work is expected to
exceed the above duration, the permittee shall submit a detailed construction schedule
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 18 of 31
128
for approval. The schedule will address means and methods to minimize traffic disruption
and complete the construction as soon as reasonably possible.
D. In lieu of a financial guarantee to cover particular work, an applicant may maintain
with the City a general bond in the sum of $100,000 conditioned and used for the same
purpose as the financial guarantee described in TMC Section 11.08.160.A and covering
all work to be done rather than any particular work, provided, however, that the total work
being performed shall not exceed a cumulative total of $100,000. The applicant shall
track and submit with each new permit the applicant's approved permits that are covered
by this financial guarantee and include: permit number, date of approval, and date work
is complete.
Section 19. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.120,
"Hold Harmless," is hereby amended to recodify this section as TMC Section 11.08.170,
which shall read as follows:
11.08.12011.08.170 Hold Harmless
Unless the permittee holds a current franchise with the City, As,,.. a condition to the
issuance of any permit under this chapter, the permittee shall be required to execute a
written agreement to forever hold and save the City free and harmless from any and all
claims, actions or damages of every kind and description that may accrue to or be
suffered by any person by reason of the use of such public place or the construction,
existence, maintenance, use or occupation of any such structure, services, fixtures,
equipment and/or facilities on or in a public place pursuant to this chapter. In addition,
such agreement shall contain a provision that the permit is wholly of a temporary nature,
and that it vests no permanent right whatsoever.
Section 20. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.130,
"Compliance with Specifications, Standards, and Traffic -Control Regulations," is hereby
amended to recodify this section as TMC Section 11.08.180, which shall read as follows:
11.08.13011.08.1, Compliance with Specifications, Standards, and Traffic -Control
Regulations
A. The work performed in the public right-of-way shall conform to the requirements
of the Department's Infrastructure Design and Construction Standards, Manual on
Uniform Traffic Control Devices, King County Surface Water Design Manual, Part VIII,
"Regulations for Use of Public Streets and Projections over Public Property," Uniform
International Building Code, and the City's Tukwila Municipal Code as currently exists and
as hereafter amended , copies of which shall be available from the Department, kept on
. ••
office hours.
B. When a job is left unattended, before completion of the work, signage with
minimum two-inch high letters shall be attached to a barricade or otherwise posted
maintained at the site, indicating the permittee's name, or company name, telephone
number, and after-hours telephone number.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 19 of 31
129
Section 21. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.140,
"Inspections," is hereby amended to recodify this section as TMC Section 11.08.190,
which shall read as follows:
11.08.14011.08.190 Inspections
As a condition of issuance of any permit or authorization that requires approval of the
Department, each applicant permittee shall be required to consent to inspections by the
Department or any other City department. Additionally, the permittee is obligated to
request a final inspection to close out the permit.
Section 22. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.150,
"Correction and Discontinuance of Unsafe, Nonconforming, or Unauthorized Conditions,"
is hereby amended to recodify this section as TMC Section 11.08.200, which shall read
as follows:
11.08.15011.08.200
e
UnauthorizedViolations and Unsafe Conditions
A. Whenever the Director determines that any condition on any right-of-way is in
violation of, _ _ _ _ _ . _ _ _ _ _ _ .' _ _ , (i) this chapter,
or (ii) procedures adopted under this chapter or other applicable codes or standards, -Gr
without a right of way use permit, the Director may order the correction or discontinuance
.. _ •pursuant to this section.
B. The Director is authorized to use any or all of the following methods in ordering
correction or discontinuance of any such conditions, or activities as the Director
1. Service of oral or written directives to the permittee or other responsible
person requesting immediate correction or discontinuance of the specified condition;
2. Service of a written notice of violation, ordering correction or discontinuance
of a specific condition or activity within five days of notice, or such other reasonable period
the Director may determine;
3. Revocation of previously granted permits where the permittee or other
ccrvcdlssuance of an order to immediately stop work until authorization is received from
the City to proceed with such work;
4. Issuance of an order to immediately stop work until authorization is received
from the City to proceed with such workRevocation of previously granted permits where
the permittee or other responsible person has failed or refused to comply with
requirements imposed or notices served;
5. Service of notice and order or service of a criminal citation to appear by a
law enforcement officer upon the permittee or other responsible person who is in violation
of this chapter or other City ordinances.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
130
Page 20 of 31
C. Any object that shall occupy any right-of-way without a permit is declared a
nuisance. The Department Director may attach a notice to any such object stating that if
it is not removed from the right-of-way within 24 hours of the date and time stated on the
notice, the object may be taken into custody and stored at the owner's expense. The
notice shall provide an address and telephone number where additional information may
be obtained. If the object is a hazard to public safety, the City Director may remove it
summarily. Notice of such removal shall be thereafter given to the owner, if known. This
section shall not apply to motor vehicles.
D. All expenses incurred by the City in abating any violation or condition shall
constitute a civil debt owing to the City jointly and severally by such persons who have
been given notice or who own the object or who placed it in the right-of-way, which debt
shall be collectible in the same manner as any other civil debt.
E. The City shall also have all powers and remedies whether legal or equitable that
may be available under law or ordinance including but not limited to TMC Chapter 8.45,
this chapterTMC Chapter 11.08, and procedures adopted under this chapter for securing
the correction or discontinuance of any conditions specified by the City.
Section 23. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.160,
"Failure to Conform to Design Standards," is hereby repealed.
tandards and Regulations as identified in
Section 11.08.130, the Director may:
1. Suspend or revoke the permit;
2. Issue a stop work order;
3. Order removal and replacement of faulty work;
4. Require an extended warranty period; and/or
5. Negotiate a cash settlement to be applied toward future maintenance costs.
Section 24. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.170,
"Warning and Safety Devices," is hereby amended to recodify this section as TMC
Section 11.08.210, which shall read as follows:
11.08.17011.08.210 Warning and Safety Devices
A. Warning lights, safety devices, signs, and barricades shall be provided on all
rights-of-way when there might be an obstruction or hazard to vehicular or pedestrian
traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted
in such a manner as to indicate plainly the danger involved. Warning and safety devices
may be removed when the work for which the right-of-way use permit has been granted
is complete and the right-of-way restored to the conditions directed by the Department.
B. As a condition of the issuance of any right of way use permit issued pursuant to
this chapter, the Director e - - - _ _ - - may require an applicant to submit a traffic
detour control plan showing the _any proposed detour routing and location and the type of
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 21 of 31
131
warning lights, safety devices, signs, and barricades intended to protect vehicular or
pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic
control plan is required, no right of way use permit shall be issued until after the traffic
control plan is approved.
C. Unless otherwise specified in adopted right of way use procedures, the following
warrant such enhanced protection of pe
1. Manual of Uniform Traffic Control Devices for Streets and Highways;
2. City of Tukwila Infrastructure Design and Construction Standards;
3. Part VIII, "Regulations for Use of Public Streets and Projections over Public
Property," Uniform Building Code.
00. Any right of way use permit issued pursuant to this chapter that requires a partial
lane or street closure may require a traffic control supervisor; certified flag person,
properly attired:Li or an off-duty police officer for the purpose of traffic control during the
construction.
D. All decisions of the Director or his/her designee shall be final in all matters
pertaining to the number, type, locations, installation and maintenance of warning and
safety devices in the public right-of-way during any actual work or activity for which a duly
authorized right of way use permit has been issued pursuant to this chapter.
Director or his/her designee related to the number, type, location, installation, or
correction or discontinuance as provided in this chapter.
Section 25. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.180,
"Clearance for Fire Equipment," is hereby amended to recodify this section as TMC
Section 11.08.220, which shall read as follows:
11.08.18011.08.220 Clearance for Fire Equipment
Unless when specifically authorized by the Director, all excavation work shall be
performed and conducted so as not to interfere with access to fire stations and fire
hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment shall be kept free from
obstructions at all times.
Section 26. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.190,
"Protection of Adjoining Property — Access," is hereby amended to recodify this section
as TMC Section 11.08.230, which shall read as follows:
11.08.19011.08.230 Protection of Adjoining Property — Access
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 22 of 31
132
The permittccRight-of-way shall at all times, and at the permittcc' ;right-of-way
user's expense, preserve and protect from injury adjoining property by complying with
such measures as the Director or designee may deem reasonably suitable for such
purposes. The permittcoRight-of-way users shall at all times maintain access to all
property adjoining the excavation or work site.
Section 27. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.200,
"Preservation of Monuments," is hereby amended to recodify this section as TMC Section
11.08.240, which shall read as follows:
11.0810011.08.240 Preservation of Monuments
The permittccRight-of-way users shall not disturb any survey monuments or markers
found on the line of excavation work until ordered to do so by the Director. All street
monuments, property corners, benchmarks, and other monuments disturbed during the
progress of the work shall be replaced by a licensed surveyor, at the expense of the
permittcoright-of-way user, to the satisfaction of the Director
Section 28. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.210,
"Protection from Pollution and Noise," is hereby amended to recodify this section as TMC
Section 11.08.250, which shall read as follows:
11.08.210 Protection from Pollution an�nd-Noise
The permittccRight-of-way users shall comply with all State laws, City ordinances,
and procedures adopted hereunder by the Director to protect the public from air and water
pollution . - e - - _ -. The permittcc shall provide for the flow
of all watercourses, sewers or drains intercepted during the excavation work, and shall
replace the same in as good or better condition as the permittee right-of-way user found
them. The permittccKignt-of-way users shall not obstruct the gutter of any street, but
shall use all proper measures to provide for the free passage of surface water. The
permittcoRight-of-way users shall make provision to take care of all surplus water, muck,
silt, or other runoff pumped from excavations or resulting from sluicing or other operations,
and shall be responsible for any damage resulting from permittee's failure to so
provide.
Section 29. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.220,
"Impact of Work on Existing Improvements," is hereby amended to recodify this section
as TMC Section 11.08.260, which shall read as follows:
11.08.22011.08.260 Impact of Work on Existing Improvements
A. If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk
or curb ramp shall be constructed or provided. Said temporary improvement shall be safe
for travel, convenient for users, and consistent with City standards.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 23 of 31
133
B. Each permittee right-of-way user shall cover an open excavation with non-skid
steel plates ramped to the elevation of the contiguous street, pavement, or other public
right-of-way, or otherwise protected in accordance with City standards.
C. All excavated material that is piled adjacent to any excavation shall be
maintained in such a manner so as not to endanger those working in the excavation,
pedestrians, or users of the right-of-way. When the confines of the area being excavated
are too small to permit the piling of excavated material next to the excavation, the Director
shall have the authority to require the permittee right-of-way user to haul the excavated
material to a storage site and then return the excavated material to the excavation at the
time of backfilling. It is the responsibility of the permittee right-of-way user to secure the
necessary permission and make all arrangements for any required storage and disposal
of excavated material.
D. At any time a permittee right-of-way user disturbs the yard, residence or the real
or personal property of a private property owner or the City, such permittee right-of-way
shall insure at the permittee'&right-of-way user's expense that such property is
returned, replaced and/or restored to a condition that is comparable to or better than the
condition that existed prior to the commencement of the work, as determined by the
private property owner or the City.
E. Existing drainage channels, such as gutters or ditches, shall be kept free of dirt
or other debris so that natural flow will not be interrupted. When it is necessary to block
or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must
be submitted for approval by the Director prior to the blockage of the channel.
Section 30. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.230,
"Restoration of the Public Right -of -Way," is hereby amended to recodify this section as
TMC Section 11.08.270, which shall read as follows:
11.08.23011.08.270 Restoration of the Ru -h c Right -of -Way
A. Restoration.
If work is undertaken in the
right-of-way, the right-of-way user shall restore or cause to be restored such excavation
the right-of-way in the manner prescribed by the orders, regulations, and Department City
standards.
B. Backfill, and replacement of pavement base. Backfilling in a right-of-way
opened or excavated pursuant to a permit issued under the provisions of this chapter
shall be compacted to a degree equivalent to that of the undisturbed ground in which the
excavation was begun, unless the Director determines a greater degree of compaction is
necessary to produce a satisfactory result. All backfilling shall be accomplished according
to City standards and specifications. All backfills shall be inspected and approved by the
Director or his/her designee prior to any overlaying or patching.
C Pavement restoration The permittee right-of-way user shall restore the surface
of any public right-of-way to its original conditionCity standards and replace any removed
or damaged pavement with the same type and depth of pavement as that which is
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 24 of 31
134
adjoining, including the gravel base material. All restoration shall conform to the City
Standards and shall be accomplished within the time limits set forth in the permit.
Section 31. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.240,
"Recently Improved Streets," is hereby amended to recodify this section as TMC Section
11.08.280, which shall read as follows:
11.08.24011.08.280 Recently Improved Streets
The Department City shall not issue any permit to excavate in any recently improved
street as defined at TMC Chapter 11.04; provided, however, that the Director may grant
a waiver for good cause. The Director is specifically authorized to grant a waiver for an
excavation that facilitates deployment of new technology as directed pursuant to official
City policy. The Director may place additional conditions on a permit subject to a waiver.
The Director's decision regarding a waiver shall be final.
Section 32. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.250,
"Coordination of Right -Of -Way Construction," is hereby amended to recodify this section
as TMC Section 11.08.290, which shall read as follows:
11.08.25011.08.290 Coordination of Right -Of -Way -Construction and Notification
A. The permittee, at the time of receiving a Type C right of way use permitAt the
time of submitting an application for a permit, the applicant shall notify all other public and
private utiliticsentities known to be using or proposing to use the same right-of-way as the
applicant's proposed construction, and the proposed timing of such construction. A utility
soAny such entity notified may, within seven days of such notification, request of he
Director a reasonable delay in the commencement of any such proposed construction for
the purpose of coordinating other right-of-way construction with that proposed by the
permittccapplicant.
B. The Director shall coordinate the approval of permits with City street
improvements and maintenance and may defer or may delay the commencement date of
for the permittee's applicant's right-of-way construction, until such time as such official
deems proper. In all cases, any work of the City, its contractors, or employees for
municipal purposes shall have precedence over all work of every other kind. except in
create undue economic hardship on the applicant.
C. Before commencing construction, the permittee shall provide notice to all
adjoining properties that access onto the roadway work location, or are within 200 linear
feet from the roadway work location. Notification shall be done no less than 3 days prior
to the work commencing and shall be in the form of signage, door hangers, or door-to-
door distribution of flyers. Notifications shall include contact information for the applicant
or contractor doing the work.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 25 of 31
135
Section 33. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.260,
"Relocation of Structures in the Public Right -Of -Way," is hereby amended to recodify this
section as TMC Section 11.08.300, which shall read as follows:
11.08.26011.08.300 Relocation
•
A. Unless otherwise provided for in a current franchise, The the Director may direct
any e - •• _ - - _ _ _ _ - - - - right-of-way user owning or maintaining
facilities or structures in the public right-of-way to alter, modify, or relocate such facilities
or structures as may be required herein.
B. Within 30 days following written notice from the Director, the right-of-way user
shall provide a schedule to the City indicating the estimated completion date for
temporarily or permanently removing, relocating, changing, or altering (collectively the
"relocation work") the position of any facilities within the right-of-way whenever the
Director shall have determined that such removal, relocation, change, or alteration is
reasonably necessary for:
1. A public improvement; or
2. The construction, repair, maintenance, or installation of any improvement in
or upon the right-of-way as required by development approval; or
3. The operations of the City or other governmental entity in or upon the right-
of-way.
C. The permit or franchise holder or other entityright-of-way user owning or
maintaining the facilities or structures shall, at their own cost and expense, promptly
protect or promptly alter or relocate such facilities or structures, or part thereof, but in no
event Tater than three working within 90 days following the original notice by the Director,
unless a different duration is specifically authorized by the Director. prior to the date
Tukwila has notified the permittee, franchise holder or other entity, that it intends to
•
•
i. In the event that such permit or franchise holder the right-of-way user refuses or
neglects to conform to the directive of the City, the City shall have the right to break
through, remove, alter or relocate such part of the facilities or structures without liability
to such personthe right-of-way user. Such personThe right-of-way user shall pay to the
City all costs incurred by the City in connection with such work performed by the City,
including also , but not limited to, design, engineering, construction, materials, insurance,
court costs, and attorney fees. Upon the permittee, franchise holder or other entity'sright-
of-way user's failure to accomplish such work or reimburse the City of such costs, and
after three 3 working days' notice, all other work permits held by permittee, franchise
holder, or other entity, the right-of-way user may be summarily -suspended, except in only
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
136
Page 26 of 31
an emergency, until such time as the work required under this section is completed or the
City has been reimbursed form foi work performed.
B. Any directive by the Director shall be based upon one or more of the following:
1. The facility or structure was installed, erected, or is being maintained
contrary to law, or determined by the Director to be structurally unsound or defective.
2. The facility or structure constitutes a nuisance as defined under this chapter,
the TMC or State statute.
3. The permit under which the facility or structure was installed has expired or
has been revoked.
4. The public right of way is about to be repaired or improved and such facilities
or structures may pose a hindrance to construction.
5. The grades or lines of the public right of way are to be altered or changed.
avoidance or minimization of removal or relocation requirements; and the Director shall
D. This obligation does not apply to facilities or structures originally located on
into the public right of way, if that prior private easement grants a superior vested right.
E. The City may at any time, in case of fire, disaster or other emergency as
determined by the City, cut or move any parts of the system and appurtenances on, over
or under the public right-of-way, in which event the City shall not be liable therefore to a
permit or franchise holderthe right-of-way user.
Section 34. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.08.270,
"Abandonment and Removal of Facilities," is hereby amended to recodify this section as
TMC Section 11.08.310, which shall read as follows:
11.08.27011.08.310 Abandonment and Removal of Facilities
A. Notification of Abandoned Facilities. Any permittee, franchise holder, or other
entity Any right-of-way user that intends to discontinue use of any facilities within the
public rights-of-way shall notify the Director, in writing, of the intent to discontinue use.
Such notice shall describe the facilities for which the use is to be discontinued, a date of
discontinuance of use (the date shall not be less than 30 days from the date such notice
is submitted), and the method of removal and restoration of the rights-of-way. The
permittee, franchise holder, or other entityriaht-of-wav use may not remove, destroy, or
permanently disable any such facilities during said 30 -day period without written approval
of the Director. After 30 60 days from the date of such noticewritten approval from the
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 27 of 31
137
Director, the permittee, franchise holder, or other entitythe right-of-way user shall remove
and dispose of such facilities as set forth in the notice and shall complete such removal
and disposal within six months, unless additional time is requested from and approved by
the Director. The Director may place conditions upon the removal and restoration in order
to protect public health and safety and the public rights-of-way.
B. Conveyanceac-ilities. At the discretion of Tukwilathe City, and upon written
notice from the Director within 30 days of the notice of abandonment, the permittee,
franchise holder, or other entityright-of-way user may abandon the facilities in place, and
shall further convey full title and ownership of such abandoned facilities to Tukwilathe
City. The consideration for the conveyance is Tukwila's the City's permission to abandon
the facilities in place. The permittee, franchise holder, or other entityright-of-way user is
responsible for all obligations as owner of the facilities, or other liabilities associated
therewith, until conveyance to Tukwila the City is completed. Conveyance of the
abandoned facilities shall also automatically include all record information, including GIS
data as available, or as agreed upon with the Director.
Section 35. Regulations Established. TMC Section 11.08.320 is hereby
established to read as follows:
11.08.320 Record Drawings
Upon request by the City, a right-of-way user shall, within 10 business days, submit
to the City, at no cost to the City, the right-of-way user's most current and accurate record
drawings in use by the right-of-way user showing the location specified by the City in its
request before final permit approval. Record drawings shall show all facilities including
but not limited to power poles, guy poles and anchors, overhead transformers, pad -
mounted transformers, submersible transformers, conduit, substation (with its name)
pedestals, pad -mounted J boxes, vaults, switch cabinets, and meter boxes.
Section 36. Regulations Established. TMC Section 11.08.330 is hereby
established to read as follows:
11.08.330 Joint Excavation
A. If an applicant submits a permit application to excavate for installation of its
facilities, the City may request in writing that such applicant provide an opportunity to
install City facilities within the excavation; provided, that:
1. Such joint use shall not unreasonably delay the work of the applicant's
excavation; and
2. Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties.
B. To the extent reasonably possible, the applicant shall, at the direction of the City,
cooperate with the City and provide other private utility companies with the opportunity to
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 28 of 31
138
utilize joint or shared excavations in order to minimize disruption and damage to the right-
of-way as well as to minimize traffic -related impacts.
Section 37. Regulations Established. TMC Section 11.08.340 is hereby
established to read as follows:
11.08.340 Additional Ducts or Conduits
Any right-of-way user shall upon written request of the City, provide the City with
additional duct or conduit space over and above the conduit or conduits planned to be
constructed for the right-of-way user. Such additional ducts or conduits shall be of a size
and configuration specified by the City and shall be dedicated to the City. The City shall
have the right to use the ducts and conduits for any purpose including, but not limited to,
leasing them to other entities. Except as otherwise applicable under RCW 35.99.070, the
incremental costs of adding the specified ducts and conduits for the City shall be borne
by the City.
Section 38. Regulations Established. TMC Section 11.08.350 is hereby
established to read as follows:
1.08.350 Undergrounding
A. Subject to and in accordance with any applicable rates and tariffs on file with the
Washington Utilities and Transportation Commission (WUTC) (or such other regulatory
agency having jurisdiction), the right-of-way user shall cooperate with the City in
promoting a policy of undergrounding facilities within the right-of-way.
B. If the City directs the right-of-way user to underground its facilities, such
underqrounding shall be arranged and accomplished subject to and in accordance with
applicable rates and tariffs on file with the WUTC (or such other regulatory agency having
jurisdiction).
C. In the event that the City undertakes any public improvement that would
otherwise require, at the discretion of the Director, the relocation of the right-of-way user's
aboveground facilities, the Director may, by written notice to the right-of-way user, direct
that any such facilities be converted to underground facilities. Any such conversion shall
be done subject to and in accordance with applicable schedules and tariffs on file with the
WUTC (or such other regulatory agency having jurisdiction).
D. All new facilities installed within the City during the term of any permit or franchise
shall be located underground to the extent technologically feasible as determined at the
discretion of the Director.
Section 39. Regulations Established. TMC Section 11.08.360 is hereby
established to read as follows:
11.08.360 Hazardous Substances
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn
Page 29 of 31
139
Right-of-way users shall not introduce or use any hazardous substances (chemical
or waste) in violation of any applicable law or regulation, and the right-of-way user shall
not allow any of its agents, contractors, or any person under its control to do the same.
Section 40. Regulations Established. TMC Section 11.08.370 is hereby
established to read as follows:
11.08.370 Utility Locates
Prior to doing any work in the rights-of-way, right-of-way users shall follow
established procedures, including contacting the Utility Notification Center in Washington
and complying with all applicable State statutes regarding the One Call Locator Service
pursuant to Chapter 19.122 RCW. Further, upon request by the City or a third party, the
right-of-way user shall promptly locate its facilities in order for them to be surveyed or as
required by Chapter 19.122 RCW. The right-of-way user shall provide enough detail to
verify the vertical (depth) and horizontal location of its facilities. The City shall not be liable
for any damages to the right-of-way user's facilities or for interruptions in service to right-
of-way user's customers that are a direct result of the right-of-way user's failure to locate
its facilities within the prescribed time limits and guidelines established by the One Call
Locator Service regardless of whether the City issued a permit.
Section 41. Regulations Established. TMC Section 11.08.380 is hereby
established to read as follows:
11.08.380 Moving of Buildinq(s) and/or Equipment
Right-of-way users shall, upon 7 days' notice, disconnect or move their facilities to
allow for the moving of building(s) and/or equipment across or along any such street, alley
or other public place; provided, that the advance notice may be reduced to 24 hours if the
facilities are below the minimum clearance set by law or regulation or in the case of an
emergency. The cost of the right-of-way user moving their facilities shall be borne as
follows: (1) by the right-of-way user if the facilities are below the minimum vertical
clearance required by State statutes, City ordinance, or rules of the Director; above the
surface of the right-of-way, and no adjustment would be necessary if the minimum
clearance had been maintained; and (ii) by the person desiring to move the building(s)
and/or equipment under other circumstances.
Section 42. Regulations Established. TMC Section 11.08.390 is hereby
established to read as follows:
11.08.390 Tree Trimming
Any right-of-way user required by State statute or regulation to trim or remove trees
that may interfere with their facilities shall first obtain a permit and ensure that the work is
accomplished in accordance with TMC Chapter 11.20, "Right -of -Way Vegetation," and
TMC Section 18.52.100, "Maintenance and Pruning," as appliable.
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 30 of 31
140
Section 43. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 44. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 45. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way strike-thru 10-26-22
KM:AY Review and analysis by Andy Youn Page 31 of 31
141