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HomeMy WebLinkAbout2202(Amending or Repealing Ordinances) CFN=103 Maintenance of Streets CFN= 644 Public Works Construction/Improvement Passed 1/21/1980 Relating to street & curb improvements, regulating the cutting of same, requiring permits and prescribing penalties for violation Amended by Ord. 3713;3819 Amended by Ord. 4019 (Secs 6.06.040;-.050;-060) ORDINANCE NO. AN ORDINANCE of the City of Kent,;. Washington, relating to the street and curb improvements, regulating the cutting of same, requiring permits therefore, and prescribing penalties for violation. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. GENERAL a. Scope. The purpose of this Ordinance is to establish minimum rules and regulations relating to the street and curb cuts, and to provide for enforcement of same. b. Permits Required. No person, firm, or corporation shall cut a street or curb without first obtaining a separate right-of-way permit for each cut of a street or curb from the Public Works Department. c. Application. To obtain a permit, the applicant shall file an application in writing on a form furnished by the City for that purpose. Every application shall: (1) Identify the contractor and/or subcontractor who is to actually perform the work; (2) Include the Washington State Contractor's Number of such contractor or subcontractor; (3) Include the City of Kent Business License Number of such contractor or subcontractor; (4) Identify and describe the work to be covered by the permit for which application is made; (5) Describe the location where such work is to be performed; (6) Be signed by the owner or the agent of the firm who will actually be performing the work. - 1 - Section 2. PERMITS a. Pre -Inspection. Prior to issuance of any right- of-way permit for a street or curb cut, the location shall be inspected by a Public Works Department inspection official. I b. Curb Cuts. A decision by the Public Works Inspect as to which type of curb cut shall be permitted shall be made after the pre -inspection. The type of cut shall be specified on the permit form and other specific data will be furnished to the permittee. c. Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this Ordinance, or any other ordinance or appro- priate rule or regulation of the City of Kent. d. Expiration. Every permit issued by the Public Works Department under the provisions of this Ordinance shall expire, unless work has commenced, 90 days after issuance of the permit; unless renewed under 3C, in no case shall a project take longer than 15 days to complete as measured from the date of the street or curb cut, to completion. e. Suspension or Revocation. The Director of Public Works, or his designate, may in writing suspend or revoke a permit issued under the provisions of this Ordinance whenever the permit was issued in error or on the basis of incorrect information supplied, or in violation of any other ordinance or regulation of the City. Section 3. FEES a. Basic Fee Required. The fee for a permit to cut a street shall be $25.00 for each cut. The fee for a permit to cut a curb shall be $25.00 for each cut. II The fee for a permit for a utility extension that runs parallel to the street shall be $30.00 for each cut. i Utility extensions shall include, but not be limited to: Gas, telephone, electric power, cable TV, water and sewer, underground{ I facilities. b. Inspection Time - Additional Charge. An additions time charge will be made where inspection time exceeds one hour. Such extra charge will be invoiced to the contractor separately at the rate of $20.00 per hour. C. Permit Renewals. Permits may be renewed for 15 additional days for one-half of the original permit fee, provid the renewal permit is applied for prior to the expiration of the original permitted time. d. Double Fee for Work Without Permit. Wherever work for which a permit is required by this Ordinance is commenc or performed prior to obtaining such permit, the basic permit fee shall be doubled, but the payment for such double fee shall not relieve any person from full compliance with all of the requirements of this Ordinance in the execution of the work, nor from any other penalties which may herein be provided for, including criminal penalties. SPetion 4. SPECIFICATIONS AND SPECIAL REQUIREMENTS a. Specifications. All curb and street cuts shall be repaired to conform to the requirements of "Standard Specifications for Municipal Public Works Construction," 1977 Edition, prepared by Washington State Chapter, American Public Works Association, copies of which are on file with the City and available to the general public, or any additions or amendments thereto. b. Permittee's Performance Responsibility. In addition to all other requirements specified by this Ordinance or the "Standard Specifications for Municipal Public Works Construction," the permittee shall be responsible for restora- tion of the street or curb to original or better condition. f - 3 - The permittee shall "finish -patch" the street or curb cut immediately upon completion of the project. The permittee shall be responsible for defects or failure of the street or curb cut area for a period of one year following finish inspection. C. Curb Cut Locations. The location of each curb cut must be approved by the Public Works Department. Appli- cation for a curb cut less than 20 feet from an intersection may only be approved under unusual circumstances. The City reserves the right to deny any request to cut any curb. d. Special Conditions. At the discretion of the Director of Public Works or his delegate, one or more of the following requirements may be specified when conditions require their use. Wherever such special conditions are required, they shall be set forth on the permit at the time of issuance, or as an amendment to the permit in those instances where conditions requiring their use become known after the permit has been issued. i (1) Installation within the right-of-way shall be made by a method approved by the City Engineer. Cuts shall be made only in areas approved by the City Engineer. All improved or unimproved areas within the right-of-way shall be restored i to an equal or better condition. (2) Excavated material shall be completely removed from the street surface. (3) Signs, cones, barricades, and all other traffic control devices to protect and control pedestrian and vehicular traffic in the construction area shall be used as prescribed by the Traffic Engineer, and in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways, Part V." - 4 - (4) One or more traffic lanes shall be kept open at all times. Moving traffic shall be properly controlled by uniformed flagmen, if specified. Hours of operation during construction and restoration shall be as specified. (5) Ingress and egress for vehicles and personnel to abutting property shall be maintained at all times. (6) Backfill and replacement of pavement or oiling of surface shall be done to the satisfaction of the City Engineer. Unless otherwise specified by the City Engineer, backfill material shall conform to Standard Specifications for Municipal Public Works, specifically Section 26 of said specifications. (7) Filing of an approved surety indemnity bond to protect the City and approved public liability insurance naming the City as an additional insured in the amounts specified on the face of the permit. (8) A guarantee deposit in the amount as specified on the face of the permit to be made to the City. (9) Any inspection time in excess of one hour will be invoiced separately at the rate of $20.00 per hour. (10) This permit is temporary only, and all constructior authorized hereunder is to be removed upon 30 days' notice from the Director of Public Works. (11) Open cuts within the paved area will not be permitt (12) The Construction Inspector shall require that a temporary patch be made for 30 days, and thereafter, a permanent patch will be placed by the permittee within 5 days. - 5 - fed. a. Safety. All safety equipment such as barricades, caution lighting, and personnel for traffic control, are to be furnished by the permittee. Section 5. ENFORCEMENT AND PENALTIES b. Enforcement Authority. The construction Inspector is hereby authorized and directed to act as the delegate of the Public Works Director, and to enforce all provisions of this Ordinance. C. Penalties. It shall be unlawful for any person, firm, or corporation to cut a street or curb, or cause the same to be done, in violation of any of the provisions of this Ordinance. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted. Section 6. This Ordinance shall be in force and take effect five (5) days from and after its passage by the Council and publication as required by law. r ISABEL HOGAN, MAY -OR ATTEST: A OR ATTEST: MARIE JENSEN OITY CLERK APOT AS TO FORM: NALD E. MIRK, CITY ATTORNEY PASSED the/ day of January, 1980. APPROVED the day of January, 1980. PUBLISHED the -:5 day of January, 1980. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RIE SEN, ITY CLERK - 7 -