HomeMy WebLinkAboutReg 2022-11-21 Item 4I - Ordinance - TMC Chapter 11.08 "Right-of-Way Use Permits"COUNCIL 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
Meg 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.
4.1.
79
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
Meg 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
Forward to Next Regular Meeting Consent Agenda
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22
Informational Memorandum dated 11/04/2022
Draft Ordinance TMC 11.08 Revisions
Minutes from Transportation and Infrastructure Committee meeting of 11/07/2022
(distributed separately)
11/21/22
Final Ordinance
79
80
tv of Tukwia
Washington
Ordinance No.
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 RETITLETMC 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
ightof-Way Use Permits and Annual Activities Blanket Permits; and
WHEREAS, the proposed revisions to Tu kwila 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 Purpose
11.08.020 Definitions
11.08.030 Administration and Enforcement
CC: Legislative Develop ment\TMC Chapter 11.08 Right -of -Way 11-10-22
KM:AY Review and analysis by Andy Youn Page 1 of 24
81
11.08.040 Permit Required
11.08.050 Right -of -Way Use Permits
11.08.060 Application Contents
11.08.070 Preconstruction Meeting Required
11.08.080 Permit Approval and Conditions
11.08.090 No Permit Transfer or Assignment
11.08.100 Emergency Work
11.08.110 Permit Fees and Charges
11.08.120 Permit Exception
11.08.130 Revocation or Suspension of Permits
11.08.140 Renewal of Permits
11.08.150 Insurance
11.08.160 Deposits, Fees and Bonds
11.08.170 Hold Harmless
11.08.180 Compliance with Specifications, Standards, and Traffic -Control
Regulations
11.08.190 Inspections
11.08.200 Violations and Unsafe Conditions
11.08.210 Warning and Safety Devices
11.08.220 Clearance for Fire Equipment
11.08.230 Protection of Adjoining Property — Access
11.08.240 Preservation of Monuments
11.08.250 Protection from Pollution
11.08.260 Impact of Work on Existing Improvements
11.08.270 Restoration of the Right -of -Way
11.08.280 Recently Improved Streets
11.08.290 Coordination of Construction and Notification
11.08.300 Relocation
11.08.310 Abandonment and Removal of Facilities
11.08.320 Record Drawings
11.08.330 Joint Excavation
11.08.340 Additional Ducts or Conduits
11.08.350 Undergrounding
11.08.360 Hazardous Substances
11.08.370 Utility Locates
11.08.380 Moving of Building(s) and/or Equipment
11.08.390 Tree Trimming
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 currentfranchise or other written agreement conflicts with any
CC: Legislative Develop ment\TMC Chapter 11.08 Right -of -Way 11-10-22
KM:AY Review and analysis by Andy Youn Page 2 of 24
82
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;
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;
CC: Legislative Development\TMC Chapter 11.08 Right -of -Way 11-10-22
KM:AY Review and analysis by Andy Youn Page 3 of 24
83