Ordinance 03-063 Adopts Standards & Procedures for Activity within ROW CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 63
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING STANDARDS AND PROCEDURES FOR
CONSTRUCTION WORK AND ACTIVITY WITHIN CITY RIGHT-OF-WAY
WHEREAS, it is often necessary to perform work and/or otherwise conduct activities
within the public right-of-way;
WHEREAS, to ensure the public safety and protect the public's interest in the right-of-
way, the City Council has determined that a permit should be obtained when work or activity
obstructs the public right-of- way; and
WHEREAS, the City Council has determined that the regulation and permitting of
construction work within the streets and rights-of-way of the City of Spokane Valley are
necessary to protect the safety and general welfare of the traveling public.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Definitions. For the purposes of this Ordinance the following terms,
phrases and words shall have the following meaning.
A. "Applicant" is any person, firm or entity making written application to the Director
for an obstruction permit.
B. "City" is the City of Spokane Valley.
C. "Construction work" is the excavation or above ground construction work permitted
under this Ordinance.
D. "Director" means the City Manager or designee (anticipated to be the Public Works
Director).
E. "Easement" means any City easement for access or public utilities.
F. "Improvement" is any public or private improvement, including the property of public
utilities.
G. "Obstruction permit", also known as a right-of-way permit, is the authorization
granted by the City to perform work or conduct activity in a specified right-of-way or
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casement.
H. "Permittee" is any person who has been granted and has in full force and effect a
permit issued hereunder.
I. "Person" is any person, firm, corporation or service provider.
J. "Public Infrastructure" is any necessary construction, performed within the City right-
of-way or on private property, to install City facilities, including streets, sidewalks,
storm drainage, street lights, sanitary sewers and/or water lines and necessary
appurtenances, as identified within City standards.
K. "Right-of-Way" or "Public Way" means all property in which the City has any form
of ownership or title and which is held for public street or utility purposes, regardless
of whether or not any street or utility exists thereon or whether it is used, improved or
maintained for public use.
L. "Street" is any street, highway, sidewalk, alley, avenue or other public way, easement,
or other public place in the City.
Section 2. Obstruction Permit Required. An obstruction permit is required of any
person who performs construction work or otherwise engages in activity within existing or
proposed City rights-of--way, streets, easements, or on City owned infrastructure. Work done by
or for the City within its right-of-way will not require an obstruction permit, but will be held to
the same standards of performance. In the case of an emergency, a private or public utility may
commence work prior to obtaining a permit, provided the person obtains a construction permit
within forty-eight (48) hours after work is commenced or on the first City business day following
said elapsed forty-eight(48) hour period.
Section 3. Obstruction Permit-A..lication. No obstruction permit shall be issued
unless a written application is submitted and approved by the Director. The application shall, at a
minimum, contain the following:
A. Construction plans or drawings approved by the Director, if required;
13. The period of time during which the right of way will be obstructed; and
C. Proof of the contractor's and all subcontractor state licensing, insurance and
requirements.
Depending upon the nature and extent of the construction activity or work, the Director
may require engineering, restoration and drainage plans prepared by a Washington licensed
engineer at applicant's sole cost and expense.
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Section 4. Obstruction Permit Fees. Obstruction Permit fees shall be adopted by
Resolution of the City Council.
Section 5. Notice Required. The applicant shall give to the Director notice not less
than forty-eight (48) hours before any work or activity is commenced and shall notify the
Director upon completion of the same. In the event of an unexpected repair or emergency, work
may be commenced as required under the circumstances. Unexpected repairs and emergency
work shall comply with all other requirements of this Ordinance.
Section 6. Construction Standards. All work within the City right-of-way shall be in
accordance with adopted City standards in effect at the time of the application for the permit.
These include but are not limited to current versions of the Spokane County Standards for Road
and Sewer Construction; the Manual on Uniform Traffic Control Devices (MUTCD);
Washington State Department of Transportation (\VSDOT) Standard Specifications for Road,
Bridge and Municipal Construction; and applicable standards of the American Public Works
Association (APWA).
Section 7. Maintaining Access. In the event it is necessary for the permittee to
excavate the entire width of the street, no more than half of the street shall be opened for
construction and closed to traffic at one time. Such portion of the work shall be backfilled and
completed before the remaining portion of the street may be excavated. If it is impossible,
infeasible or unsafe to permit the work while maintaining an open lane for traffic, The Director
may, with the concurrence of the Chief of Police and Fire Chief, permit the street to be blocked
for a short period of time where suitable detours can be provided and the public will not be
unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other
suitable means, or clearly identify appropriate detours, to allow the flow of traffic without
unnecessary congestion. Appropriate signage and traffic control shall be furnished in accordance
with the MUTCD.
Section 8. Traffic Control. Permittee is responsible for all traffic control and
assumes the responsibility to maintain appropriate signage, signals and barricades that protects
the public safety, in accordance with the MUTCD. Permittee shall provide for the safe operation
of all equipment, vehicles and persons within the right of way.
Section 9. Damage to Existing Improvements. All damage to existing public or
private improvements during the progress of the construction work or activity shall be repaired
by the permittee. Methods and materials for such repair shall conform with adopted City
standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the
Director shall have the authority to cause said necessary labor and materials to be furnished by
the City and the cost shall be charged against the permittee. Such charge shall be immediately
paid by permittee and shall, if not paid on demand, be deemed a valid claim on the bond filed
with the City.
Section 10. City's Right to Restore Right-of-Way and Easements. if the permittee
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fails to restore any City right-of-way or easement to its original and proper condition upon the
expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way
construction work covered by such permit or if the work of the permittee is defective and the
defect is discovered within one (1) year from the completion of the right-of-way construction
work, the Director or designee shall have the right to do all work and things necessary to restore
the right-of-way and/or easement and to complete the right-of-way construction work.
The permittee shall be liable for all costs and expenses of restoration or completion. The
City shall have a cause of action for all fees, expenses and amounts paid for such work.
Following demand, the City may enforce its rights pursuant to this Ordinance. No additional
permits shall be granted until the invoice for City-performed work has been paid.
Section 11.. Bond. For the purpose of providing for the completion of the work or
otherwise restoring the right of way to City standards, applicant shall post a performance bond
with the City Clerk. The bond shall be: (1) issued by a surety licensed to do business in the State
of Washington and (2) in an amount equal to 100 percent of the estimated cost of the work (or
other reasonable measure of value) solely determined by the Director. If the improvements have
not been timely or satisfactorily completed, the Director shall give notice of the same to
permittee. The Notice shall state: (1) the work to be done; (2) the time to complete the work
which shall not exceed 30 days; and (3) that if the work is not commenced and completed within
the time allotted, the City will cause the work to be completed and use the bond proceeds to pay
for the same. All costs in excess of the bond proceeds may be recovered through appropriate
legal action by the City Attorney.
A bond may be waived where proof of self-insurance is provided. The Director is
authorized to reduce the amount of the Bond where good cause exists.
Section 12. Insurance-Evidence. Permittee, prior to the commencement of
construction hereunder, shall furnish the Director satisfactory evidence in writing that the
permittee has in force during the performance of'the construction work or activity, commercial
general liability insurance of not less than one million dollars ($1,000,000.00)per occurrence and
one million dollars ($1,000,000.00) general aggregate duly issued by an insurance company
authorized to do business in this state. In addition, the policy shall name the City as an additional
named insured. The Director may reduce the insurance limits if good cause exists.
Section 13. Indemnification and Hold Harmless. The permittee shall defend,
indemnify and hold harmless the City, its officers, officials, employees and volunteers from any
and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit
issued order this ordinance except as may be caused by the negligence or willful conduct on the
part of the City.
Section 14. Rules and Policy. To implement the Obstruction Permit and provide for
the public health and safety the Director, under the supervision of the City Manager, may develop
and adopt rules, policies and forms consistent with the ordinance. All adopted rules, policies and
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forms shall be filed with the City Clerk.
Section 15. Penalties. Any person violating the provisions of this Ordinance shall be
deemed to have committed a Class I Civil Infraction. For any violation of a continuing nature,
each day's violation shall be considered a separate offense.
Section 16. Severability. The invalidity of any section, subsection, provision, clause,
or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of this Ordinance or the validity of its application to other
persons or circumstances.
Section 17. Effective Date. This Ordinance shall be in full force and effect five (5)
days after the date of publication of this Ordinance or a summary thereof in the official
newspaper of the City.
Passed By the City Council of the City of Spokane Valley on April oldri003.
Mayor, Michael DeVlemi g
ATTEST:
Interim City Clerk, Ruth Miller
Approved As To Form:
In 'City t , Stanley . Schwartz
Date of Publication: ,i,p.<i a9_ ada 3
Effective Date: /Yi try s and
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