Ordinance 06-027 Amending SVMC 10.05 - Right-of-Way Permits CITY O.N SPOKANE VALLEY'
SPOKANE COUNTY ~VASHi1'GTON
ORl)1NANCE NO. 06-027
AN ORDINANCE OF TIDE C11'Y OF SPOKANE VALLEY, ~VASH..Tl~`GTON, Ai~'IENUL~IG
SYOKArr~1E VAi,.LEY MUNICIPAT,, CODE SECTION 1.0.05.070, 10.05.080, 10.OSA90,
111.05.100 10.05.110, 10.1:15.130, 10.05.140 AND 1.0.0.5.180 RELATINCT TO RTGIFIT-Or-WAY
FERI9ITS, Y1tOVTDiNG FOI2 SEVI;ElARII.:ITY ANll AN E:1±FECTIVE DATE.
~UHFRFAS, the City adopted Ordinance 03-063, proviclin requirements For permits for certain
activity in the public rights-of-way. Ordin~mce 03-063 eras later codified into Spokane Valley ylunicipal
Code 10.05.070-10.05.210; and
~Vl-iE1•ZEAS, the City desires, from t.imc to time, to analyze the effectiveness and appropriateness
of its code requirements to determine if they can be improved For the benefit of ilrs citizens; and
~U1-L)rREAS, amending SVMC 10.05.070, 10.05.080, 10.05.090, 10.05.100; 10.05.110,
10.05.130, 10.0;.140 and 10.05.180 will further the public health, safet)r and welfare.
NO~ti ']'HN.IZEFORT?, the City Council of the City of Spokane Valley, \~lashington, ordains as follows:
Section 1. Intent, It is the intent oi'the City Council for the City of Spokane Valley to
amend SVMC 10.05.070, 10.05.080, 10.05.090, 1.0.05.100, 10.05.1 10, 10.05.130, 10.05.140 and
10.05.180 rc;lat:ing to right-of-way permits to make compliance with requirements easier far
frequent users of the City's rights-of-way without compromising the health and safety of its
citizens; or the condition of the City's infrastructure.
Section 2. Amending Spokane Valley Municipal Code section 10.05.070: SVMC 10.05.070
is amended as follows:
10.05.070 Definitions
"[light-of--way" or "public wa_y" means all property in which the City has any fom~ of o~~mership
or title, including easements, and which is held for public roadway or utility purposes, regardless of
whether or not any roadway or utility exists thereon or whether it is used, improved or maintained for
public use.
"llirector" means the city manager or designee.
"f:asemcnt" means a right of use benef ling the City over the property of another.
"Roadway" means the paved, improved, or proper driving potrtion of a street within the City
designed, or ordinarily used for vehicular travel.
Section 3. Amendin~* Spokane Valley Municipal Code section ]0.05.080: SVNIC 10.05.080
is amended as follows:
Right-o1=w~tY Permit Required. Unless exempt Frnm permit requirerne;nts, a right-of=~+.3y
permit is required of any person or company ~~rho performs construction work or
otherwise engages in activity within existing City rights-of--way, or on City owned
infrastruchare.
Ordinance Ob-027 Amending Right-of-Vl'ay Perniits Page 1 of 4
Permits shall not be required for the following:
A. 1'Vork done by or for the City within its right-of-way.
B. Work that is t+vo hours or less in duration, as long as that work does not
require the closure of more than 5U% of anon-arterial roadway, does not close any lanes
on an arterial roadway, does not involve excavation within the right-of=way, or does not
invoh'e cutting or placement: of pavement, side.+'alks, curbs or gutters.
exemption from the perrnit requirements of this code shall not be deemed to grant.
authorisation for ant' +vork to be done in tiny manner in violation of the provisions o1'this
code or any other laws, ordinances or standards of this jurisdiction.
In the case of an emergency, a private or public utility may commence work prior to
obtaining a permit, provided the person or company obtains a construction permit ++'ithin
forty-eight (48) hours after work is commenced or on the first City business day
follo+;'ing said elapsed forty-eight: (48) hour period.
Section 4. Amending
Spokt,nc Vallev tilunicipal Code section 10.0.090: SVNiC 10.U~.U9U
is amended as fUllows:
Right-of-way Permit-Application. No right-of way perrnit shall he issued unless a
+vrittcn 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;
B. A traffic control plan if the work closes more than 50% of the non-
artcrial road++1ay, or closes any lanes on an arterial roadway;
C. The period of time during ~+'hieh the right-of=way will be obstructed; told
D. Proof of the contractor's and all subcontractors' state IICGI1S111g, insurance
and requirements.
Depending upon the nature and extent of the construction activity or +vork, the Director
may require engineering; restoration and drainage plans prepared by a Washington
licensed engineer at applicant's sole cost and expense.
At the discretion othee 17irect~~r, a Multiple-Use Permit mxy be available for licensed and
bonded businesses rind public utilities. The Multiple-Use Permit: tee will be established
by resolution in the Master Fee Schedule. The Multiple-Use f?ermit shall expire at the
end of t:he City T'iscal Year. The administrat.ivc regulations governing the Multiple-Use
Permit shall be writaen and approved by the 1irector. Failure to comply with t:he
administrative regulations shall be a violation of this code.
Section 5. Amendin~pokane Valley Municipal Code section 10.05.100: SVMC 10.0.100
is amended as follows:
Right-of--..ray permit fees. flight-of +vay pennic fees shall be adopted by resolution of the city
courlcil.
prdinancr Qti-U27 Amending ltigltt-of-~~~ay Permits Page 2 of4
Section 6. Amending Spokane Valley Municipal Code section ]0.05.1 10: SVMC 10.05.1 10
is amended as follows:
Notice Retluired. The applicant shall give to the 17ircctor notice not less than fi,~riy-eight
(=l3) hours before any work or activity is commenced and shall notify Chc l~irectnr upon
completion of the same If a traffic control plan is required to be. submitted with the
application, [he applicant shall give the Director not Icss than 72 hours notice. In the
event of an unexpected repair or emergency, work may be commenced as required under
the cir•cumstanees. Unexpected repairs and emergency work shall comply with all other
requirements of this (7rdinance.
Section 7. Arnendin_Q Spokane Valley ~9unicipal Code section 10.05.130: SVMC:
10.05.130 is amended as follows:
In the event it is necessary for the permittee to excavate the entire width of the roadway,
no more than half of the roadway shall be opened for construction and closed to traffic at
one time. Such portion of the work shall be backfilled and cnmplet:ed before tfie
remaining portion of the roadway may be excavated. IF it: is impossible, infeasible or
unsafe to permit the work while maintaining an open lane for traffic, the director ma_y;
N'It11 the concun•enee with the chief- of police and frre chief, permit the roadway to be
blocked for a short period of time where suitable detours c.an be provided find the public
will not be unnecessarily inconvenienced. 1'hc perlnittee shall filrnish facilities; such as
bridges or other suitable means, or clearly identify appropriate. detou?~, to allow the flow
of traffic without unnecessary congestion.
Sectiirn R. Amending Spokane Vallev Municipal Code section 10.05.140: SVMC 10.05.140
is amended as follows:
Traffic Control. Any person or company that performs construction work or otherwise
engages in activity within the existing City rights-of-way, ar• on City-o~~~ned
infrastructure, is responsible for all traffic control and assumes the responsibility to
maintain appropriate sifn~lge, signals and barricades that protects the public safety, in
accordance with the MUTCL7. The person or company shall provide for the safe
operation of all equipment, vehicles and persons within the right-of-way.
SeClion 9. emending Soc+kane Vallev Ntunicipal Code section l O.OS.I i~0: SVMC 10.05.1$0
is amended as follows:
Insurance-Cvidence. Permit ee, prior to the commencement of construction hereunder,
shall furnish the Director satisfactory evidence in writing that t:hc permittee has in force
during the perfor?nance of the construction work or activity, cornrnercial general liability
insurance of oat less than one million dollars (SI,OOO,UUO.OU) per occurrence and two
I111IIIOr1 dollars 02,000,000.00) general aggregate duly issued by an insurulee company
authorised to do business in this state. In addition, the policy shall name the Ciry as an
additional named insured. •fhe I~ReCtnr may rGCIUCG the II15llranCe limits if good cause
cxisi`s.
Section 1.0. Se.verability. If any section; subsection, sentence or clause of this chapter is for
an}' reason held to be invalid, such decision shall not affect the validity of the remaining
provisions of this chapter.
Ordinance Ob-027 Amending RiSht-of-~Vay Permits Page 3 of 4
Section 11. )?ffective date. This Ordinance shall be in full force and effect. i`ive days after
publication of this Ordinance or a summary thereof actors in the official netivspaper of the City as
provided by laev.
Passed this 28'x' day of November, 2006.
W'~X~ \.,1.~
Mayor, Diana \~1'ilhite
ATT1'L S" "
city 'lerk, Christine Bainbridge
Approved As Tai Form:
Office. of the Gity Attorney
Date of publication: ~ Z.~'~~
~.ffective 17ate:
Ordinance 06-0127 Amending Right-of--Way Permits Pale 4 0l"4