HomeMy WebLinkAboutord1979-070I
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, ... •....... ., .�. .. � . ................. . ... :.:. :. . ,. ..,. �a ..
DATE —_ No \7 mber 1 , 1.979 _ _ INTRODUCED BY Roe_111.___ _
PROPOSED BY Public Works Department
ORD 1 NANO E NO. 79-70 - -- � - - - - --
AN ORDINANCE PROVIDING 1C)R THE ISSUANCE
OF A REVOCABLE ENCROACHMENT PERMIT FOR
CONSTRUCTION, INSTALLATION, REPAIR OR
REPLACEMENT OF STRUCTURES, EXCAVATION,
FILL, GRADING OR PLACEMENT OF UTILITIES
INCLUDING, BUT NOT LIMITED TO, PRIVATE
LINES AS PROVIDED BY COUNTY FRANCHISE OR
PERMIT, SEWER, WATER, ELECTRICAL, SIGNS,
SIDEWALKS, CULVERTS, DRIVEWAYS, I:N AC-
CORDANCE WITH THE STANDARDS SET FORTH IN
W.A.C. 136 -40 -200 THROUGH W.A.C. 136 -40 -812
PROVIDING ADEQUATE FEES TO COVER ADMIN-
ISTRATIVE COSTS INCURRED IN CONJUNCTION
WITH THEIR ISSUANCE.
WHEREAS, it is necessary for the public health and welfare to control
construction to protect the existing road right -of -ways;
NOW, THEREFORE, THE W11ATCOM COUNTY COUNCIL DOES ORDAIN:
Section 1. PERMIT REQUIRED.
Any person or persons, corporation, district, city, town or utility
holding privileges in any county road right -of -way, place or install or desire
to open, excavate, or in any manner disturb or break. the surface of ally such
county road shall first procure from the Department of Public llorks a Revocable.
Encroachment Permit. The Director of Public Works or the County Engineer shall
grant such permit only upon compliance with the terms and conditions set forth
herein.
Section 2. PERMIT TERMS AND CONDITIONS.
The party requesting such a permit shall file with the Department of
Public Works, Bureau of Buildings and Code Administration, a plat showing the
location of the work desired to be done together with a full description of the
nature of such work including, but not limited to:
1. Generally describing the .facility to be installed as to size,
type, nature and extent.
7n, .
Ordinance - 1.
A
1 2. Contain adequate exhibits as required by the permit application.
2 3. Contain a summarization of the effects the installation will havE
3 on the aesthetics of the right -of -way and visible natural features.
4 4. An estimated time period necessary for the installation and the
5 area of roadway required to be open, broken, or disturbed in the prosecution of
6 such work.
7 5. All plans and work shall. be under.- the direction of the Director
8 of Public Works and /or County Engineer.
9 6. In no case sha0.1 any permit allow or permit the obstruction of
10 more than one -half of any road right -of -way nor shall such obstruction be less
11 than three feet from any railroad track along or over such road right -of -way or
12 so as to close up any roadway against the passage of vehicles;, provided, however,
13 that when it is the determination of the Director of Public Works and /or the
14 County Engineer that such closure is necessary for the safety of the traveling
15 public, the Director of Public Works or County Engineer shall at all times have
16 the authority to regulate the use of the road right -of -way. If the person or
17 persons to whom such permit is granted fails, neglects or refuses to comply with
18 any of the terms or conditions of the permit, or the orders or direction of the
19 Director of Public Works or County Engineer, they shall have full authority to
20 cancel. and revoke the permit and thereupon it shall be the duty of the person or
21 persons holding the permit to remove all obstruction from such portion of the
22 right -of -way.
23 Section 3.
24 Before any revocable encroachment permit may be granted under the
25 provisions of this ordinance, the person or nersons,fi.rm or corporation, utility,
26 di=strict, or city applying for such .permit must pay rC+ the pure'au of - nul.sLings
27 and Code Administration the applicable fees as hereafter set forth in the
28 following fee schedule:
29 TO WIT:
30 A. For the installation and replacement of util.ities service,
31 driveway, sidewalk, curb, drain, or any other improvements
32 of a like nature within the right -of -way or connecting to
Ordinance - 2.
'M:
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the right -of -way, intending to serve a single residential
building site ............... .........................$10.00
B. For the installation and replacement of utilities ser-
vice, driveway, sidewalk, curb, drain, or any other
improvements of a like nature within the right -of. -way
or connecting to the right-of-way, :intending to serve
a commercial, industrial or multiple dwelling site ... $20.00
C. For the installation, repair or replacement of any
main or trunk line or street extension, any curb or
sidewalk construction fronting more than one building
site per block or portions thereof ...................$50.00
D. For the purpose of calculating permit fees, where the
distance between intersection roads in urbanized areas
exceeds 350. feet, shall be charged for each 350 .feet
or portions thereof ......... .........................$50.00
E. For the purpose of calculating permit fees, where the
distance between intersecting roads in rural areas
exceeds 1,000 feet or portions thereof ...............$50.00
F. For the installation of any signs within the county
right -of -way ................ .........................$20.00
C. For the issuance of a trail permit upon an unimproved
county road ................. .........................$50.00
H. For temporary occupancy or other encroachment upon
a county right -of -way for purposes not included
within the above subsections .........................$20.00
Section 4. VIOLATIONS AND PENALTIES.
Any person or persons, corporation, utility, district, town or city
acting under a franchise grant who enters upon any county right -of -way or place
for the purpose of performing any work therein without first securing a revoc.abla
encroachment permit required for such work as provided for within sha:il be sub-
ject, upon conviction, to a fine of not less than $500.00 for each offense and
any employee, agent or officer of such person or corporation holding such
Ordinance - 3.
W .
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franchise or otherwise who participates in or in any manner directs or aids in tI
prosecution of such work without such permit,upon conviction shall be held to be
in violation of this ordinance and subject to the penalties p'rescri'bed herein.
PASSED this 6th day of December 1979.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST: Joan Ogden
County Auditor and Ex- officio
Clerk of the Council
Deputy
APPROVED AS TO FORM:
Deputy Pilosecuting Attorney
APPROVED ( ) VETOED
Coui .6, Executive
/'
Published November 26
I Ordinance - 4.
y f�
Ch a i r p e r s o ti �J- ----- - - - - -- - -- -- - - - - --
DATE -1__Z - -- -- -
and December 13, 1979
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