TC 2013104700 10112013 COUNTY COMNIISSIONERS
�` Cadiy Wolfe
District One
Sandia Romero
District T��vo
THURSTON COUNTY Karen Valenzuela �
District Tluee
SINCE 1552
RESOURCE STEWARDSHIP DEPARTIVIENT
Creating Solutions.f'or Our Future Cliff Moore
Director
COMPLETENESS TRANSMITTAL MEMORANDUM f
Date Submitted �� / �f /��
PROJECTNAME: Th�rs-�v�� fQuh� b/�`c� J�(JQY S
PROJECT NO.: 20 /��O `� 7�O
FOLDER SEQUENCE NO.: f� IIOI. , I ��
RELATED CASES LISTED BYSEQUENCE NO.:
�TC ENVIRONMENTAL HEALTH TC PUBLIC WORKS -RIGHT of WAY-K.L�xsoN
�TC PUBLIC WORKS -DEVELOPMENT REVIEW �TC PUBLIC WORKS-UTILITES-J.KiNG
�l WA DEPT OF FISH&WII.DLIFE- �WATER RESOURCES-R.L�vGAN
�G.ROGERS []L.MACHUT ❑WATER RESOURCES-M.BIEVER(Geotech Review)
❑TC ADDRESSING- s.sCxus'rER �WA DEPT OF TRANSP. -D.SEVExsoN
�l WA ARMY CORP OF ENGINEERS �WA DEPT OF ECOLOGY-
❑WA DEPT OF REVENUE-B.KRUETZ ***(send via email only)
❑ TC FLOOD REVIEW �WA DEPT OF NATURAL RESOURCES -
❑TC FIRE MARSHAL PACIFIC CASCADE REGION
❑HENDERSON INLET �DJACENT JURISDICTION(LIS'�
❑NISQUALLY REACH � ��,� ,
❑ TC PLAN REVIEW—C.EDMAxK 0 THURSTON CO ERVATION DISTRICT
❑ OTHER ❑VEENA TABBUTT—T.R.P.C.
PLEASE SEE REVERSE SIDE FOR LIST OF REPORTS SUBMITTED WITH APPLICATION
Pursuant to the Thurston County Zoning and Subdivision Ordinances, please review the attached project information and
determine if the application is complete. Check the appropriate box on this form and retum the form to the case inanager.
Please respond in the space below or in an attachment on or before the due date noted below.
"No comment"by the due date will be considered an indication of the application is complete.
Department: Complete❑ Incomplete❑ Not Applicable❑
Signature: Date:
The following information is required prior to considering the application complete:
The following are other items needed to review the project:
Please return comments to: by S:OOpm on: � �
'-->-�-*--� .
2000 Lakeridge Drive SW,Olympia,Washington 98502(360)786-5490/FAX(360)7 �?!33°�'��s.�� �
. TDD(360)754-2933 Website: www.co.thurston.wa.us/pern�ittina ��fi � 8 20t3
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Thurston County Permit Assistance Center
� 2000 Lakeridge Dr. SW,Olympia,WA 98502
r (360)786-5490 / (360)754-2939(Fu�)
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d� TDD Line(360)754-2933
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�.. Email: permit(c�co.thurston.wa.us
���� www.co.thurston.wa.us/permitting
THURSTON C(�UNTY
����+�= Creating Solutions for Our Future
MASTER APPLICATION
STAFF USE ONLY DATE STAMP
�
�
�' THUFt�TON CC7UNTY
�' RECEIVED
2013104700 ��:-� � � ����
13 112381 XA
DEVELOPMENT SERVICES
Site Address:
Parcel#:
� Intake by:
The Master Application is required for all projects and shall accompany a project-specific supplemental
application(s). The Master Application may not be submitted alone.
Property Taz Parcel Number(s): N/A
� �'� Subdivision Name(if applicable): Lot#:
I Property Address: City: State: Zip Code:
Directions to the Property:
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_. _.._ _.. ,.. ,.:... ....... .. ..�.. _ �.. _� ....._ . ..., .__.,n.....,. ,..., e..,. __... . ,....., ...._�._..a... ., ._ .. ._. ... _..._,_.,_ _.._._:
Property Access Issues(locked gate,code required,dogs or other animals): No QYes
If yes,Describe:
OWNER IS RESPONSIBLE FOR 5ECURING ANIMALS BEFORE SITE VISIT.
DESCRIPTION OF PROJECT PROPOSAL
Adopt the new Thurston County Code Chapter 13.56(Work within TC ROW)which combines Chapters 13.28(Construction and
Permits), 13.52(Trees and Vegetation)and the current 13.56(Accommodations of Utilities on TC ROW)and encompasses all work
within the rights-of-way. Chapters 13.28 and 13.52 will be repealed as part of this update.
Revised 8-13 Form No.MA001
Thurston County Permit Assistance Center
Master Application
Page 2 of 2
Type or Print: Additional property owner sheet can be obtained online at www.co.thurston.wa.us/permitting or copy obtained
from the Permit Assistant Center.
Property Owner(s):
Mailing Address:
City: State: Zip Code:
Phone#: Ext. F�#:
Cell#: E-mail:
Signature:* Date:
Applicant(if different than owner): Thurston County Public Works
Mailing Address: 9605 Tilley Rd S Suite C
City: Olympia State: WA Zip Code: 98512
Phone#: Ext. F�#:
Cell#: E-mail:
Signature:* Date:
Point of Contact: Kevin Hughes
Mailing Address: 2000 Lakeridge Dr SW
City: Olympia State: WA Zip Code: 98502
Phone#: (360)867-2042 Ext. F�#: (360)754-2939
Cell#: (360)239-2153 E-mail: hughesk(a�co.thurston.wa.us
Signature:* �_�-�%� �o� ���" Date: ' � � ' �
BILLING INVOICES
The base application fee charged at the time of application covers base hours listed on the fee schedule. When the base
hours by a Department are used,a monthly billing invoice will be generated for additional hours at the hourly rate listed
on the fee schedule. Should review of the project exceed the base hours allotted,billing invoices shall be mailed to:
�Owner �Applicant � Point of Contact
*Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar
with the information contained in the application and that to the best of my knowledge and belief,such information is true,
complete,and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the
agencies to which this application is made or forwarded,the right to enter the above-described location to inspect the proposed,
in-progress or completed work. I agree to start work only after all necessary permits/approvals have been received.
Revised 8-13 Form No. MA001
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T HURSTON
RECE� couN�,
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�` "�' � THURSTON COUNTY ��'�� ' l ����
�� RESOURCE STEWAF�[�O
THURS'I`i)N C�UNTY P�j�
���c��s: ENVIRONMTi NT A T !"u��irr rcm �T���V��,�S
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� 13 112381 XA
Permit Type: Environmental Checklist
"USE BLACK INK ONLY" Sub Type: Administrative
1. Applicant: Thurston County Public Works Work Type: Non-project
Site:
Address: 9605 Tilley Rd S Suite C
Assessor Property ID:
Olympia, WA 98512 Applicant:Thurston County Public Works
Phone: 360-867-2300
Cell: see below
E-Mail Address: see below
2. Point of Contact: Kevin Hughes 3. Owner: Thurston County
Address: 2000 Lakeridge Dr SW Address: n/a
Olympia, WA 98502 n/a
Phone: 360-867-2042 Phone: n/a
Cell: 360-239-2153 Cell: n/a
E-Mail Address: hughesk@co.thurston.wa.us E-Mail Address: n/a
4. Property Address or location:
n/a
5. Quarter/Quarter Section/Township/Range: n/a
6. T�Parcel#: n/a
7. Total Acres: n/a
8. Permit Type: n/a
9. Zoning: n/a
10. Shoreline Environment: n/a
11. Water Body: n/a
12. Brief Description of the Proposal and Project Name:
Adopt the new Thurston County Code Chapter 13.56 (Work within TC ROW)which combines Chapters
13.28(Construction and Permits), 13.52 (Trees and Vegetation)and the current 13.56 (Accommodations of
Utilities on TC ROW)and encompasses all work within the rights-of-way. Chapters 13.28 and 13.52 will be
repealed as part of this update.
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Thurston County
Resource Stewardship
Environmental Checklist
13. Did you attend a presubmission conference for this project? � Yes QX No
If yes,when? n/a '
14. Estimated Project Completion Date: February 2014
15. List of all Permits,Licenses or Govemment Approvals Required for the Proposal(federal,state and local--including rezones):
Thurston County Board of County Commissioners Approval.
16. Do you have any plans for future additions,expansion or further activity related to or connected with this proposal? If
yes,explain:
Future code updates are anticipated every 10 years or so.
,
�
,�
17. Do you know of any plans by others which may affect the property covered by your proposal? If yes,explain:
n/a
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18. Proposed timing or schedule(including phasing,if applicable):
-Completed SEPA process by December 2013
-Hold briefing with Thurston County Board of County Commissioners January 2014
-Hold public meeting with Thurston County Board of County Commissioners February 2014
-Adoption February 2014
I
19. List any environmental information you lmow about that has been prepared,or will be prepared,directly related to this
proposal.
n/a
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THURSTON COUNTY
THURST(aN COUNTY 1�SOURCE STEWARDSHIP
������1 ENVIRONMENTAL ELEMENTS
Evaluation for
To be Comuleted bv Annlicant A�encv Use Onlv
1. Earth
a. General description of the site(check one):
�Flat
❑Rolling
❑Hilly
❑ Steep Slopes
L�Mountainous
❑X Other: n/a
b. What is the steepest slope on the site(approximate percent slope)?
n/a
c. What general types of soils are found on the site(for example,clay,sand gravel,
peat,muck)? If you know the classification of agricultural soils,specify them and
note any prime farmland.
n/a
d. Are there surface indicators or history of unstable soils in the immediate vicinity?
If so,describe.
n/a
e. Describe the purpose,type,and approximate quantities of any filling or grading
proposed. Indicate source of fill.
n/a
f. Could erosion occur as a result of clearing,construction,or use? If so,generally
describe.
n/a
;�a,:�._ ,�.,' ..,�,,.�.. .i,� �,�.��,,
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Completed bv Annlicant Agencv Use Onlv
g. About what percent of the site will be covered with impervious surfaces after
project construction(for example,asphalt or buildings)?
n/a
h. Proposed measures to reduce or control erosion,or other impacts to the earth,if
any:
n/a
2. Air
a. What types of emissions to the air would result from the proposal(i.e.,dust,
automobile,odors,industrial wood smoke)during construction and when the
project is completed? If any,generally describe and give approximate quantities if
known.
n/a
b. Are there any off-site sources of emissions or odor that may affect your proposal?
If so,generally describe.
n/a
c. Proposed measures to reduce or control emissions or other impacts to air,if any:
n/a
3. Water
a. Surface
(1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams,saltwater,lakes,ponds,
wetlands)? If yes,describe type and provide names. If appropriate,state
what stream or river it flows into.
n/a
�
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comuleted bv Apulicant Agencv Use Onlv
(2) Will the project require any work over,in,or adjacent to(within 200 feet)
the described waters? If yes,please describe and attach available plans.
n/a
(3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site
that would be affected. Indicate the source of fill material.
n/a
(4) Will the proposal require surface water withdrawals or diversions? Give
general descnption,purpose,and approximate quantities if known.
n/a
(5) Does the proposal lie within a 100-year flood piain? If so,note location on
the site plan.
n/a
(6) Does the proposal involve any discharges of waste materials to surface
waters? If so,describe the type of waste and anticipated volume of
discharge.
n/a
b. Ground
(1) Will ground water be withdrawn,or will water be discharged to ground
water? Give general description,purpose,and approximately quantities if
known.
n/a
i ..
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comuleted bv Annlicant A¢encv Use Onlv
(2) Describe waste material that will be discharged into the ground from septic
tanks or other sources,if any(for example: domestic sewage;industrial,
containing the following chemicals;agricultural;etc.). Describe the general
size of the system,the number of such systems,the number of houses to be
served(if applicable),or the number of animals or humans the system(s)are
expected to serve.
n/a
c. Water Run-off(including stormwater)
(1) Describe the source of runoff(including stormwater)and method of
collection and disposal,if any(include quantities,in lrnown). Where will
this water flow? Will this water flow into other waters? If so,describe.
n/a
(2) Could waste materials enter ground or surface waters? If so,generally
describe
_
n/a
(3) Proposed measures to reduce or control surface,ground,and runoff water
impacts,if any:
n/a
4. Plants
a. Check the types of vegetation found on the site:
� Deciduous tree: Q alder �maple � aspen �other
� Evergreen tree: � fir � cedar �!pine �other
� Shrubs
� Grass
� Pasture
� Crop or grain
� Wet soil plants: � cattail �..v buttercup �'bulrush �..� skunk cabbage
other
C Water plants: �water lily �eelgrass �milfoil �other
Other types of vegetation
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Completed bv Anulicant Agencv Use Onlv
� b. What kind and amount of vegetation will be removed or altered?
n/a
c. List threatened or endangered species known to be on or near the site.
� n/a
i
` d. Proposed landscaping,use of native plants,or other measures to preserve or
enhance vegetation on the site,if any:
n/a
5. Animals
a. Check any birds and animals which have been observed on or near the site or are
known to be on or near the site:
�Birds: �hawk, �heron, �`eagle, C;i songbirds,
�other:
�Mammals �deer, �bear, �elk, '��i beaver,
�other:
�Fish: €��',bass, �salmon, �trout, �herring, �shellfish,
�other:
b. List any threatened or endangered species known to be on or near the site.
n/a
c. Is the site part of a migration route? If so,explain.
n/a
`
d. Proposed measures to preserve or enhance wildlife,if any:
n/a
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comnleted bv Anplicant Agencv iJse Onlv
6. Energv and Natural Resources
a. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to
meet the completed project's energy needs? Describe whether it will be used for
heating,manufacturing,etc.
n/a
b. Would your project affect the potential use of solar energy by adjacent properties?
If so,generally describe.
n/a
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts,if any
n/a
7. Environmental Health
a. Are there are any environmental health hazards,including exposure to toxic
chemicals,risk of fire and explosion,spill,or hazardous waste,that could occur as
a result of this proposal? If so,describe.
n/a
(1) Describe special emergency services that might be required.
n/a
(2) Proposed measures to reduce or control environmental health hazards,if
any:
n/a
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comuleted bv Auulicant Asencv Use Onlv
b. Noise
(1) What types of noise exist in the area which may affect your project(for
example: traffic,equipment,operation,other)?
n/a
�
(2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis(for example: traffic,
construction,operation,other)? Indicate what hours noise would come
from the site.
n/a
(3) Proposed measures to reduce or control noise impacts,if any:
n/a
; 8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
n/a
b. Has the site been used for agriculture? If so,describe.
n/a
c. Describe any structures on the site.
n/a
� d. Will any structures be demolished? If so,what?
n/a
!
� ._�� .._�. „��.�..
� e. What is the current zoning classification of the site?
n/a
.�� ..�� � _ � ..... _u�, _. . _..� �F .N. . �. �.na.
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Thurston County
Resource Stewardship
Environmental Elements
Evaluarion for
To be Comnleted bv Apnlicant A�encv Use Onlv
£ What is the current comprehensive pian designation of the site?
n/a
g. If applicable,what is the current Shoreline Master Progtam designation of the site?
n/a
h. Has any part of the site been classified an"environmentally sensitive"area? If so,
specify.
n/a
i. Approximately how many people would reside or work in the completed project?
n/a
j. Approximately how many people would the completed project displace?
n/a
k. Proposed measures to avoid or reduce displacement impacts,if any?
n/a
1. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans,if any:
n/a
9. Housing
a. Approximately how many units would be provided,if any? Indicate whether
high-,middle-,or low-income housing.
n/a
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Completed bv Auulicant A�encv Use Onlv
b. Approximately how many units,if any,would be eliminated? Indicate whether
� high-,middle,or low-income housing.
? n/a
�
� c. Proposed measures to reduce or conttol housing impacts,if any:
s
n/a
10. Aestherics
a. What is the tallest height of any proposed structure(s),not including antennas;what
is the principai exterior building material(s)proposed?
n/a
b. What views in the immediate vicinity would be altered or obstructed?
n/a
c. Proposed measures to reduce or control aesthetic impacts,if any:
n/a
11. Lieht and Glare
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur?
n/a
;
� b. Could light or glare from the finished project be a safety hazard or interfere with
views?
n/a
�
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comnleted bv Aunlicant A�encv Use Onlv
c. What existing off-site sources of light or glare may affect your proposal?
n/a
d. Proposed measures to reduce or control light and glare impacts,if any:
n/a
12. Recreation
a. What designated and informal recreational opportunities are in the immediate
vicinity?
n/a
b. Would the proposed project displace any existing recreational uses? If so,describe.
n/a
c. Proposed measures to reduce or control impacts on recreation,including recreation
opportunities to be provided by the project or applicant,if any:
n/a
13. Historic and Cultural Preservation
a. Are there any places or objects listed on,or proposed for,national,state,or local
preservation registers known to be on or next to the site? If so,generally describe.
n/a
b. Generally describe any landmarks or evidence of historic,archaeological,
scientific,or cultural importance known to be on or next to the site.
n/a
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comnleted bv Annlicant Aeencv Use Onlv
c. Proposed measures to reduce or control impacts,if any
n/a
i
14. Transnortation
,
� a. Identify public streets and highways serving the site,and describe proposed access
to the existing street system. Show on site plans,if any.
n/a
b. Is site currently served by public transit? If not,what is the approximate distance
to the nearest transit stop?
n/a
c. How many parking spaces would the completed project have? How many would
the project eliminate?
n/a
d. Will the proposal require any new roads or streets,or improvements to existing
roads or streets,not including driveways? If so,generally describe(indicate
whether public or private).
n/a
e. Will the project use(or occur in the immediate vicinity o fl water,rail,or air
transportation? If so,generally describe.
n/a
£ How many vehicular trips per day would be generated by the completed project?
If known,indicate when peak volumes would occur.
�
n/a
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Thurston County
Resource Stewardship
Environmental Elements
Evaluation for
To be Comuleted bv Annlicant Agencv Use Onlv
g. Proposed measures to reduce or control transportation impacts,if any:
n/a
15. Public Services
a. Would the project result in an increased need for public services(for example: fire
protection,police protection,health care,schools,other)? If so,generally describe.
n/a
b. Proposed measures to reduce or control direct impacts on public services,if any.
n/a
16. Utilities
a. Circle utilities currently available at the site: electricity,natural gas,water,refuse
service,telephone,sanitary sewer,septic system,other.
n/a
b. Describe the utilities that are proposed for the project,the utility providing the
service,and the general construction activities on the site or in the immediate
vicinity which might be needed.
n/a
17. Signature
a. The above answers are true and complete to the best of my knowledge. I understand that the lead
agency is relying on them to make its decision.
Print Name Kevin Huqhes
Date Submitted Signature:
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,� THURSTON COUNTY
SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
_ (Do not use this sheet for project actions)
THURSTON COUNTY
��.�t��._
Non-project proposals are those which are not tied to a specific site,such as adoption of plans,policies,or ordinances.
Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of
the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely
to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not
implemented. Respond briefly and in general terms.
� Evaluation for
{ To be Completed by Auulicant A�encv Use Onlv
i
1. How would the proposal be likely to increase discharge to water;emissions to air;
production,storage,or release of toxic or hazardous substances;or production of noise?
n/a
�'
Proposed measures to avoid or reduce such increases are:
n/a
2. How would the proposal be likely to affect plants,animals,fish,or marine life?
n/a
Proposed measures to protect or conserve plants,animals,fish,or marine life are:
n/a
;
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1
3. How would the proposal be likely to deplete energy or natural resources?
n/a
a
�
��
�, Proposed measures to protect or conserve energy and natural resources are:
n/a
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Thurston County
Resource Stewardship
Supplemental Sheet for Nonproject Action
Evaluation for
To be Completed bv Anplicant Agencv Use Onlv
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated(or eligible or under study)for governmental protection;such as parks,
wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or
cultural sites,wetlands,flood plains,or prime farmlands?
n/a
Proposed measures to protect such resources or to avoid or reduce impacts are:
n/a
5. How would the proposal be likely to affect land and shoreline use,including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
n/a
Proposed measures to avoid or reduce shoreline and land use impacts are
n/a
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
n/a
Proposed measures to reduce or respond to such demand(s)are:
n/a
7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws
or requirements for the protection of the environment
n/a
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Title 13-ROADS AND BRIDGES*
Chapter 13.52 TREES AND VEGETATION
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Thurston County,Washington, Code of Ordinances Page 1
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Title 13- ROADS AND BRIDGES*
Chapter 13.52 TREES AND VEGETATION
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Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13- ROADS AND BRIDGES*
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13- ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13- ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RiGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Thurston County,Washington,Code of Ordinances Page 14
Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13- ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13- ROADS AND BRIDGES*
Chapter 13.56 ACCOMMODATION OF UTILITIES ON THURSTON COUNTY RIGHTS-OF-WAY
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Title 13-ROADS AND BRIDGES*
Chapter 13.28 CONSTRUCTION AND PERMITS
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
Working copy final draft 10-4-13
1 Chapter 13.56 - THURSTON COUNTY RIGHTS-OF-WAY
2 Sections:
3 13.56.010—Puraose and Obiectives.
4 13.56.020—Accommodation of Facilities within or upon Thurston Countv Riqhts-of-Wav.
S 13.56.030—Definitions.
6 13.56.040—Administration and Enforcement.
7 13.56.050—Removal of Unauthorized Facilities.
8 13.56.060—Variance Reauest.
9 13.56.070—Police Powers.
10 13.56.080—Permit Required.
11 13.56.090—Aaplications.
12 13.56.100—Permit Activities.
13 13.56.110—Revocation of Permit.
14 13.56.120—Franchise.
15 13.56.130—Permit Fee.
16 13.56.140—Financial SecuriN.
17 13.56.150—Location.
18 13.56.160—Standards and Codes.
19 13.56.170—Condition of Facilities.
20 13.56.180—Interference with Riqhts-of-Wav.
21 13.56.190—Desiqn, Relocation. Removal and Alteration of Facilities for Public Proiects.
22 13.56.200—Facilitv Owner Initiated Abandonment and/or Removal of Facilities.
23 13.56.210—Coordination of Construction Activities.
24 13.56.220—Construction Schedule and Notice of Work.
25 13.56.230—Compliance with Permit.
26 13.56.240—Displav of Permit.
27 13.56250—Completion of Construction.
28 13.56.260—Maps and Record DrawinQS.
29 13.56.270—Dutv to Provide Information.
30 13.56.280—Underqround Facilities.
31 13.56290—Overhead Facilities.
32 13.56.300—Fiber Oatic Svstems.
33 13.56.310—Veqetation and Landscapinq Manaqement.
34 13.56.320—Instailations of Roadwav and Trail Structures.
35 13.56.330—Damaqe to Proqertv.
36 13.56.340—Unexpected Repair/Emerqencv Repair Work.
37 13.56.350—Restoration of Riqhts-of-Wav.
38 13.56.360—Restoration of Improvements.
39 13.56.370—Traffic Control.
40 13.56.380—Eminent Domain.
41 13.56.390—Indemnification and Insurance.
42 13.56.400—Violations and Penalties.
43 13.56.410—Conte�.
44 13.56.420—Severabilitv.
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TiUe 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
Working copy final draft 10-4-13
1 13.56.010—Purpose and Objectives.
2 A. Purpose - The purpose of this Chapter is to establish regulations to provide administrative,
3 procedural and technical guidance for the installation, replacement, adjustment, maintenance, repair
4 and relocation of all Facilities, construction Excavation encroachments and Work activities which are
5 located within or upon the County Rights-of-Way. To achieve these purposes, it is necessary to require
6 Permits of users of the County Rights-of-Way and to establish Permit procedures.
7 B. Objectives — Public and private uses of Rights-of-Way for location of Facilities employed in the
8 provision of public or private services should, in the interests of the general welfare, be accommodated;
9 however, the County must ensure that the primary purpose of the Rights-of-Way, passage of Traffic, is
10 maintained to the greatest extent possible. The use of the Rights-of-Way will not unreasonably limit or
11 encroach upon the public's right to travel on said Rights-of-Way. In addition, the value of other public
12 and private installations, Roadways, Trails, Facilities, and properties should be protected; competing
13 uses must be reconciled; and the public safety preserved. The use of the Rights-of-Way corridors by
14 private users is secondary to these public objectives and the movement of traffic. This Chapter is
15 intended to strike a balance between the public need for efficient, safe transportation routes and the
16 use of Rights-of-Way for location of Facilities by public and private entities. The regulations set forth
17 herein cannot address all situations and conditions that may be encountered. Specific provisions
18 contained in this Chapter may not be appropriate for all locations and existing conditions. These
19 regulations are intended to assist, but not substitute for, competent work by both road and utility design
20 and installation professionals. Further, they are not intended to limit any innovative or creative effort
21 which could result in better quality, better cost savings or improved safety characteristics.
22 It, thus, has several objectives:
23 1. To ensure that public safety is maintained and that public inconvenience is minimized;
24 2. To protect the County's Infrastructure investment by establishing repair standards for the
25 Pavement Structural Section, Facilities, and other property in the Rights-of-Way, when work is
26 accomplished;
27 3. To facilitate Work within the Rights-of-Way through the standardization of regulations, by
28 establishing clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of
29 local authority with respect to the regulation of the use of Rights-of-Way, and permit and manage
30 reasonable access to the Rights-of-Way on a competitively neutral basis;
31 4. To maintain an efficient Permit process, and assure that the County's current and
32 ongoing costs of granting and regulating access to and use of the Rights-of-Way are fully paid by the
33 Persons seeking such access and causing such costs;
34 5. To conserve the limited physical capacity of the Rights-of-Way held in public trust by the
35 County;
36 6. To establish regulations for enabling the County to discharge its public trust consistent
37 with the evolving federal and state regulatory policies, industry competition, and technological
38 development;
39 7. To promote cooperation among the Facility Owners and the County in the occupation of
40 the Rights-of-Way, and Work therein, in order to (a) eliminate duplication that is wasteful, unnecessary,
41 or unsightly; (b) lower the Owner's and the County's costs of providing services to the public; and
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1 (c) minimize unnecessary damage/disturbance to the Rights-of-Way; and
2 8. To assure that the County can continue to fairly and responsibly protect the public
3 health, safety, and welfare.
4 13.56.020 -Accommodation of Facilities within or upon Thurston County Rights-of-Way.
5 A. The Board finds that it is in the public interest of Thurston County to adopt regulations to preserve
6 and protect County Rights-of-Way and provide for an orderly process of installing Facilities.
7 B. The provisions of this Chapter will be in force within the boundaries of County Rights-of-Way as
8 defined herein.
9 C. This Chapter shall apply to: (i) all Franchises and Licenses granted by the; (ii) all Facility Owners
10 and Permittees and (iii) to all installation, operation, replacement, adjustment, maintenance, repair and
11 relocation of Facilities within the County Rights-of-Way. All contractors, companies and installers shall
12 obtain a permit from the County and receive approval prior to the installation of any Facilities within
13 County Rights-of-Way.
14 D. Facility Owners shall have no ownership rights of the Rights-of-Way, even though they may be
15 granted a Permit, License, or Franchise to construct or operate their Facilities within the Rights-of-Way.
16 Further, the County's granting of a Permit shall not imply or be construed to mean the County shall be
17 responsible for the design, construction or operation of the Facility or for public safety during the
18 Facility's installation, relocation, removal, operation or maintenance.
19 E. It shall be the responsibility of any Person installing, relocating, removing, operating or maintaining
20 any of its Facilities to ascertain and abide by the requirements and conditions of this Chapter.
21 F. A copy of any amendments to this Chapter shall be forwarded to the County Road Administration
22 Board within thirty days of such adoption in accordance with WAC 136-40-030.
23 13.56.030 -Definitions.
24 Unless otherwise stated, words and phrases used in this Chapter shall have the following meanings
25 when capitalized:
26 "Applicable Law" means any Local Law or federal or state statute, law, regulation, or other legal
27 authority governing any of the matters addressed in this Chapter.
28 "Appurtenance" means equipment and/or accessories which are a part of or related to Facilities.
29 "Backfill" means replacement of excavated material with suitable material compacted as specified.
30 "Board" means the Board of County Commissioners of Thurston County, Washington.
31 "Boring" means grade and alignment-controlled mechanical or other method of installing, such as hole
32 hogging, a pipe or casing under a Road or Trail without disturbing the surrounding medium.
33 "Casing" means a larger pipe or other mechanism enclosing a Facility for the purpose of providing
34 structural or other protection to the Facility and/or to allow for their replacement without re-excavation,
35 jacking or boring.
36 "Closed Record Appeal" means an administrative appeal on the record to a court of competent
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1 jurisdiction following an open record hearing before the Director of the Public Works Department, with
2 no new evidence or information allowed to be submitted.
3 "Coating" means protective material applied to the exterior or interior of a pipe or conduit to prevent or
4 reduce abrasion and/or corrosion damage.
5 "ConduiY' means an enclosed tubular runway for protecting wires, cables and/or pipes.
6 "Contractor" means a Person, partnership, corporation, or other legal entity who undertakes to
7 construct, install, alter, move, remove, trim, demolish, repair, replace, Excavate, add to or subtract from
8 any improvements covered by this Chapter, that requires Work, workers, and/or equipment to be in the
9 Rights-of-Way in the process of performing the above named operations.
10 "County" means Thurston County, a municipal corporation and political subdivision of the State of
11 Washington.
12 "Cover" means depth from the top of an underground Facility to the finished grade of a Road, Trail,
13 driveway, sidewalk, shoulder, ditch or other surface within the Rights-of-Way.
14 "Developer" means the Person, partnership, corporation, or other legal entity who is improving a parcel
15 of land within the County and who is legally responsible to the County for the construction of
16 improvements required as a condition of a plat approval, building permit or other land-use permit.
17 "Director" means the Director of the Thurston County Public Works Department or his/her designee.
18 "Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.
19 "Emergency" means any event where advanced notice of needed repairs is impractical under the
20 circumstances and such event may threaten public health or safety, or that results in an interruption in
21 the provision of services, including, but not limited to: damaged or leaking water or gas conduit
22 systems; damaged, plugged, or leaking sewer or storm drain conduit systems; damaged electrical and
23 communications Facilities.
24 "Engineer" means the Thurston County Engineer or his/her designee.
25 "Excavation" or"Excavate" means any operation in which earth, rock, or other material within the Rights
26 of Way is moved or displaced by any means, unless otherwise exempt.
27 "Facility" or "Facilities" means, including, without limitation, any pipes, conduits, wires, cables,
28 amplifiers, transformers, fiber optic lines, antennae, poles, ducts, fixtures and Appurtenances,
29 Structures and other equipment used in connection with transmitting, receiving, distributing, offering,
30 and providing utility and other services located under, on or above the surFace of the ground within
31 Rights-of-Way. For the purposes of this definition, Facilities include Telecommunications Facilities and
32 Cable Facilities as those terms are defined in Title 13 TCC.
33 "Fiber optics" means any form of communications transmission by glass wire strands that uses light to
34 send data, video and sound.
35 "Franchise" means the authorization granted by the County pursuant to Chapter 13.58 TCC, Chapter
36 36.55 RCW, and/or Chapter 80.32 RCW that grants the non-exclusive right to occupy the space, or use
37 Facilities upon, across, beneath, or over any Rights-of-Way in the County, or to provide a specified
38 service within a franchise area.
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1 "Gallery" means an underpass for two or more utility lines; or a drainage feature commonly referred to
2 as an infiltration gallery.
3 "Infrastructure" means any public Facility, system, or improvement including, without limitation, storm
4 drains, Structures, Roads, Trails, alleys, signs, Landscaping improvements, sidewalks, illumination,
5 traffic calming devices and public safety equipment.
6 "Jacking" See "Boring."
7 "Landscaping" means materials, including, without limitation, grass, ground cover, shrubs, vines,
8 hedges, or trees and non-living natural materials and Structures commonly used in landscape
9 development, as well as attendant irrigation systems.
10 "License" means a limited, revocable and non-exclusive right granted by the County to occupy the
11 space, or use Facilities upon, across, beneath or over Rights-of-Way.
12 "Local Law" means any Thurston County ordinances, regulations, rules, standards or other legal
13 authority adopted by the County goveming any of the matters addressed in this Chapter.
14 "Manhole" means an opening in an underground system, including, without limitation, catchbasins,
15 vaults, handholes, valve boxes, junction boxes, cleanouts and meter boxes into which workers or
16 others may enter for the purpose of cleaning, testing, making installations, inspections, repairs and
17 connections.
18 "MUTCD" refers to the current edition of the Manual on Uniform Traffic Control Devices, as adopted by
19 the Washington State Department of Transportation and published by the United States Department of
20 Transportation, Federal Highway Administration, or any successor publication thereto.
21 "Overhead Facilities" means Facilities and Telecommunications Facilities located above the surFace of
22 the ground, including the underground supports and foundations for such Facilities.
23 "Owner" means the lawful owner of Facilities subject to provisions of this Chapter.
24 "Pavement Structural Section" means the combination of sub-base, base course and surfacing placed
25 on a subgrade to support the traffic load and distribute it to the subgrade.
26 "Permit" means any authorization for use of the Rights-of-Way granted in accordance with the terms of
27 this Cha�,ter and Local Law. The Permit provides specific requirements and c�nditions for specific 'JVork
28 at specific locations within the Rights-of-Way.
29 "Permittee" means the holder of a valid Permit issued pursuant to this Chapter who has been granted
30 certain rights and obligations as more fully described in this Chapter.
31 "Person" means any natural person, or public or private legal entity of any kind.
32 "Pipe" means a structural tubular product designed, tested and produced for the transmittance of
33 specific liquids and gases under specific conditions.
34 "Plowing" means direct burial of utility lines by means of a "plow" type mechanism, including but not
35 limited to wheel trenching, which breaks the ground, places the utility line at a predetermined depth,
36 and closes the break in the ground.
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1 "Pressure" means internai gauge pressure in a pipe in pounds per square inch, gauge (psig).
2 "Private lines" means privately owned, operated and maintained Facilities devoted exclusively to the
3 use of the Owner.
4 "Public Project" means the construction, repair, maintenance or installation of any County, state,
5 federal, city and/or port funded project; and/or the operations of the County or other governmental entity
6 in or upon the Rights-of-Way.
7 "Relocation" means the changing of location of an existing Facility to another location without changing
8 the character or general physical nature of the Facility.
9 "Replacement" means installation of a like element of a Facility in the same or near-same physical
10 location to function in place of an existing element normally due to damage, wear or obsolescence of
11 the element.
12 "Restoration" means all Work necessary to replace, repair or otherwise reestablish the Rights-of-Way
13 and all features contained within it to the same or better condition as it existed prior to any change or
14 construction therein.
15 "Rights-of-Way" means all property within unincorporated and incorporated Thurston County,
16 Washington in which the County has any form of interest or title and which is held for Road or Trail
17 purposes, regardless of whether or not any Road or Trail exists thereon or whether or not it is used,
18 improved, or maintained for public travel.
19 "Road"or"Roadway" means an improvement(s) in the Rights-of-Way maintained by the County for
20 Traffic purposes as measured from the outside of the shoulder or from the back of the curb or ditch.
21 Road or Roadway does not include Trails.
22 "Road Standards" means the Thurston County Road Standards, as adopted in Section 15.04.081 of the
23 TCC, or as subsequently amended.
24 "Service connection" means a single connection made to a Facility for the purpose of providing utility or
25 telecommunication services.
26 "Service repair" means a repair made to a service connection.
27 "Significant Tree" means a healthy tree (i.e., a tree that does not have a high probability of falling due to
28 a debilitating disease or a structural defect) twenty-four inches in diameter at breast height (four and
29 one-half feet above grade) located within the Rights-of-Way or overhanging the Rights-of-Way.
30 "Sleeve" means a short casing through a pier, wall or abutment of a Facility.
31 "Specifications" means the Thurston County Road Standards and other publications adopted therein.
32 "StreeY' See "Road."
33 "Structure" means anything constructed or erected with a fixed location below, on, or above grade,
34 including, without limitation, Pavement Structural Sections, bridges, drainage facilities, foundations,
35 steps, fences, benches, lights, retaining walls, mechanically stabilized earth walls and slopes, awnings,
36 balconies, and canopies.
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1 "TCC" means Thurston County Code.
2 "Trail" means any path or track designed for use by pedestrians, bicycles or equestrians and which is
3 not of sufficient width or grading to permit its use by standard passenger automobiles; or any other
4 Rights-of-Way specifically designated and posted for non-vehicular use.
5 "Traffic Control" means those activities and devices necessary to safeguard the general public, as well
6 as all workers, during the construction, relocation, removal and maintenance of Facilities within the
7 Rights-of Way, in accordance with applicable federal and state law.
8 "Traffic" means all modes of transportation including without limitation, Vehicles, pedestrians, bicycles,
9 joggers, skaters, wheel chairs (motorized and non-motorized) and other non-motorized users.
10 "Trenched" means installation of a Facility in an open excavation.
11 "Trenchless" means installation of a Facility without breaking the ground or pavement surface such as
12 by jacking or boring.
13 "Un-Opened Rights-of-Way" means Rights-of-Way that are not maintained by the County.
14 "Vehicle" or "Vehicles" means every device capable of being moved upon a public highway and in,
15 upon, or by which any persons or property is or may be transported or drawn upon a public highway,
16 excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
17 "VenY' means an appurtenance to discharge gaseous substances from casings or other enclosures.
18 "Work" means the provision of all labor, materials, tools, equipment, and everything needed to
19 successfully complete a project, including without limitation, grading, paving, leveling, altering,
20 constructing, repairing, removing or Excavating any Pavement Structural Section, sidewalk, crosswalk,
21 curb, driveway, gutter, ditch, public sewer, water main, conduit, fuel tank, vault, or any other Facility or
22 improvement located over, under, or upon any Road, Trail or other public place, or to place any Facility,
23 building materials, earth, gravel, rock, garbage, debris, or any other material or thing tending to
24 obstruct, damage, disturb, or interfere with the free use thereof or any improvement situate therein.
25 13.56.040—Administration and Enforcement.
26 The Director, or his/her duly authorized agent, is hereby authorized, and it shall be his/her
27 responsibility, to administer and enforce all the provisions of this Chapter. Such responsibility shall
28 include, but not be limited to, the issuance of Permits, establishment and collection of engineering
29 inspection charges, keeping of necessary records and gathering of evidence for the assistance in
30 apprehending and prosecuting violators. The Director shall have the authority to render interpretations
31 of this Chapter and may adopt reasonable rules and administrative procedures to enforce the
32 provisions of this Chapter. Such interpretations, rules, and administrative procedures shall be in
33 conformity with the intent and purposes of this Chapter. The Director is authorized to amend and
34 update, as necessary, such rules and administrative procedures.
35
36 13.56.050 Removal of Unauthorized Facilities
37 A. Facilities are considered unauthorized under the following circumstances:
38
39 1. Upon expiration or termination of a Franchise or License unless otherwise provided by law;
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1
2 2. Upon abandonment of a Facility within the Rights-of-Way;
3
4 3. If the Facility was constructed or installed without the prior issuance of a required Permit;
5
6 4. If the Facility was constructed or installed at a location not permitted in a Permit and/or
7 Franchise or License;
8
9 5. To the extent permitted by law, any such other reasonable circumstances affecting public
10 health, safety and welfare deemed necessary by the Director.
11
12 B. In its discretion, the Director at any time may require any Person who owns, controls or maintains
13 any unauthorized Facilities within the Rights-of-Way to:
14
15 1. Apply for a Permit, and/or Franchise or License, within thirty days of receipt of written notice
16 from the County to such Person; or
17
18 2. Require such Person to remove all Facilities and restore the affected area within ninety days
19 to a condition satisfactory to the County. Should such Person fail to remove the Facilities and
20 restore the affected area within the time frame given by the Director, the Director may direct
21 County personnel to remove the Facilities and restore the affected area to a condition satisfactory
22 to the County, and all charges related to this removal and restoration work is the responsibility of
23 the Person; or
24
25 3. Take any other action authorized by applicable law.
26
27
28 13.56.060—Variance Request.
29
30 A. Regulations set forth herein cannot address all situations and conditions that may be encountered
31 and specific provisions contained in this Chapter may not be appropriate for all locations and
32 existing conditions; therefore an applicant may submit a variance request pursuant to Section 2.08
33 of the Road Standards. Variance requests shall only be considered for the following sections:
34 • 13.56.280 Underground Facilities
35 • 13.56.290 Overhead Facilities
36 • 13.56.300 Fiber Optic Systems
37 • 13.56.310 Vegetation and Landscaping Management
38 • 13.56.320 Installations on Roadway and Trail Structures
39 • 13.56.350 Restoration of Rights-of-Way
40 • 13.56.360 Restoration of Improvements
41 B. Decisions issued for variance requests may be appealed according to Section 20.60.060 TCC.
42 13.56.070—Police powers.
43 The Facility Owner's and Permittee's rights hereunder are subject to the police powers of the County,
44 which include the power to adopt and enforce Local Law, including amendments to this Chapter,
45 necessary to protect the safety, health, and welfare of the public. The Owner and Permittee shall
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1 comply with all Local Law enacted, or hereafter enacted, by the County. The County reserves the right
2 to exercise its police powers, notwithstanding anything in this Chapter, or in any Permit, Franchise or
3 License to the contrary. Any conflict between the provisions of this Chapter, a Permit, Franchise or
4 License and any other present or future lawful exercise of the County's police powers shall be resolved
5 in favor of the latter.
6 13.56.080—Permit Required.
7 A. All Persons conducting Work within the Rights-of-Way shall obtain a Permit as provided for in this
8 Chapter, unless otherwise exempt.
9 B. No Permittee shall perform Work in an area larger, at a location different, or for a longer period of
10 time than that specified in the Permit or Permit application, without the additional authorization
11 described herein. If, after Work is commenced under an approved Permit, it becomes necessary to
12 perform Work in a larger or different area than originally requested under the application or for a longer
13 period of time, the Permittee shall notify the Director immediately and, within 24 hours, shall file a
14 supplementary application for the additional Work if required by the Director. Upon order of the
15 Director, all Work which does not comply with the Permit, the accepted plans or specifications for the
16 Work or the requirements of this Chapter shall be removed or relocated at the expense of the
17 Permittee.
18 C. The Permittee may subcontract the Work to be performed under a Permit, provided that the
19 Permittee shall be and remain responsible for the performance of the Work under the Permit and all
20 insurance and financial security as required.
21 D. In the County, the construction of Infrastructure in new developments is the responsibility of the
22 Developer of the land. Ownership of that Infrastructure remains with the Developer of the land until
23 acceptance by the County. Any Developer of land where Work is undertaken on Infrastructure that is
24 within the Rights-of-Way, but prior to acceptance by the County, shall obtain a Permit from the County.
25 The County will not accept Infrastructure improvements where Work performed is not in accordance
26 with applicable County Specifications and applicable provisions of this Chapter.
27 E. Any Person found to be conducting any Work within the Rights-of-Way without having first
28 obtained the required Permit(s) shall immediately cease all Work (exclusive of actions required to
29 stabilize the area) and be required to obtain a Permit before Work may be restarted.
30 F. No Permit shall be assignable and no Person shall allow his name to be used to obtain a Permit or
31 Permits for any other Person; provided, however that a Contractor may obtain a Permit on behalf of an
32 Owner, in which case both the Contractor's and the Owner's name shall appear on the Application, and
33 both shall be obligated for compliance with all Permit conditions.
34 G. All applications for such Permit shall be signed by the Person, or his duly authorized agent, who
35 desires to do the Work designated in said application. Said Permit will become void 180 days after the
36 date of issue, unless otherwise provided in the Permit or unless extended or revoked by the Director.
37 13.56.090 -Applications.
38 A. An applicant for a Permit to allow Work in the Rights-of-Way under this Chapter shall:
39 1. Unless a governmental entity, be a State of Washington licensed and bonded contractor,
40 including Contractors working on behalf of the governmental entity.
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1 2. Submit an application upon forms provided by the County. Applications may need to be
2 supplemented with additional review and/or permitting including without limitation, a State
3 Environmental Policy Act (SEPA) Checklist, Critical Areas Administrative Review (CAAR) Form, or
4 Shoreline permit, if applicable. Applications shall also include any additional information as requested
5 by the Director.
6 3. Pay all associated fees prescribed by Local Law.
7 4. Represent in the application that all permits and/or licenses (including required
8 insurance, deposits, financial security, and warranties) required to do the proposed Work, and to Work
9 in the Rights-of-Way, have been obtained. Copies of any such permits and/or licenses shall be
10 provided to the County within 48 hours upon request;
11 5. Represent in the application whether a Franchise or License has been applied for or has
12 been granted and is current.
13 6. Submit a description, drawings, plans and specifications of the Facilities to be
14 constructed in sufficient detail meeting the following requirements:
15 a. The Facilities will be constructed in the Rights-of-Way in accordance with all applicable
16 codes, rules, regulations, Specifications and such special conditions as the County may
17 deem appropriate;
18 b. The location and route of all Facilities to be installed on existing utility poles in the
19 Rights-of-Way;
20 c. The location and route of all Facilities in the Rights-of-Way to be located under the
21 surface of the ground, including line and grade proposed for the burial;
22 d. The location of all existing underground utilities, conduits, ducts, pipes, mains and
23 installations which are within the Rights-of-Way along the route proposed by the
24 applicant;
25 e. The construction methods to be employed for protection of existing Facilities within or
26 adjacent to the Rights-of-Way;
27 f. The location and dimension of all Significant Trees that would be impacted by the project
28 (e.g., tree removal, topping, locating above ground and underground facilities within the
29 drip line) and a detailed description of the proposed impacts on such trees. Information
30 on trimming of significant trees shall be submitted in accordance with Section 13.56.310;
31 g. The location of all monuments within or adjacent to the proposed route. All removed or
32 destroyed monuments shall be restored per Section 13.56.150C and as required under
33 Chapter 332-120 WAC.
34 h. Engineer's certification. Engineered plans, reports, calculations and specifications shall
35 be required and accompanied by a written certification, sealed and dated, by a
36 registered professional engineer in the state of Washington certifying that the documents
37 submitted with the application comply with applicable codes, rules and regulations for
38 the following types of projects:
39 1. Construction of frontage improvements or a new public road.
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1 2. New or relocated longitudinal, underground utility installations that require a Type
2 B permit.
3 3. Work in which Thurston County Code specifically requires engineered plans,
4 reports or calculations.
5 4. Any Work in which clear zone needs to be evaluated for compliance with Section
6 13.56.150B.
7 5. Any Work in which the Director or Engineer determines that the certification is
8 necessary for the protection of the Rights-of-Way.
9 The written certification shall read:
10 The design improvements shown in this set of plans and calculations conform
11 to all applicable Thurston County Codes, rules and regulations. All design
12 variances have been accepted by the Thurston County Engineer. I approve
13 these plans for construction.
14 Signed Dated
15 i. When the above engineer's certification is required, all maps and drawings shall be on
16 the County's datum and reference County control points for elevations.
17 7. Be responsible for the design of the Facility being proposed. This responsibility shall
18 include, in addition to the integrity of the proposed Facility, provisions for public safety
19 during the course of Work and consideration of traffic safety and accident potential for the
20 life of the installation.
21 8. Unless otherwise waived by the Director, submit a satisfactory Traffic Control and
22 erosion protection plan for the proposed Work and any required National Pollutant Discharge
23 Elimination System (NPDES)discharge permit.
24 9. Unless otherwise waived by the Director, submit a satisfactory plan for the protection of
25 existing Landscaping.
26 B. In addition to the application requirements listed above, the County may request, but not be limited
27 to, the following information to aid in the review and acceptance of the applicant's plans:
28 a. The manner in which the Facility is to be installed;
29 b. Measures to be taken to preserve safe and free flow of traffic;
30 c. Structural integrity of the Roadway, Trail, or other Structure;
31 d. Ease of future Rights-of-Way maintenance; and
32 e. Appearance of the Roadway or Trail.
33 C. Applicants shall update any new information on Permit applications within ten days after any
34 material change occurs.
35 D. Joint Applications. Applicants may apply jointly for Permits to Work in the Rights-of-Way at the
36 same time and place. Applicants who apply jointly for Permits may share in the payment of the Permit
37 fee. Applicants must agree, among themselves, as to the portion each shall pay.
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1 E. Existing Violations. No Permit will be issued to any applicant where the applicant or its Contractor
2 is in violation of this Chapter or has failed to comply with the conditions of any previously issued Permit
3 or order issued pursuant to this Chapter. A Permit may be issued if conditioned on having the violation
4 remedied within a reasonable time as provided by the Director. If a Permit is conditioned on remedial
5 action, security in the form of a letter of credit or similar instrument will be required unless waived by the
6 Director for good cause.
7 13.56.100 -Permit Activities.
8 The following activities require a Permit for their associated Work within the Rights-of-Way:
9 A. Driveways.
10 1. Construction of new driveways.
11 2. Any Work on existing driveways.
12 B. Construction of new Roads or frontage improvements including, without limitation, Pavement
13 Structural Section widening, curb/gutter, sidewalks, street lighting and drainage facilities.
14 C. Utility Work.
15 1. Type A Permit.
16 Type A Permit activities shall include relocating five or less utility poles or replacing any utility
17 poles, installing short side utility services more than two feet off the edge of pavement,
18 individual service connections with two hundred feet or less of trenching outside of the
19 pavement and without damaging the pavement, and removing two or fewer panels of
20 portland cement concrete sidewalk.
21 2. Type B Permit.
22 Type B Permit activities have a greater impact on the Rights-of-Way than Type A Permit
23 activities. Type B activities shall include installing new utility poles or relocating more that five
24 utility poles, individual service connections with more than two hundred feet of trenching
25 outside of the pavement, all roadway crossings, installing underground vaults, constructing
26 splice pits, attaching to any bridge structure, installing main lines, and all other utility activities
27 within Rights-of-Way.
28 3. Authority to Use Rights-of-Way
29 Before a Permit will be issued for utility Work, the applicant must provide written
30 documentation demonstrating that either: (1) the Owner has been granted a Franchise,
31 License or has other legal authority to use the Rights-of-Way and this authority is current; or
32 (2) the Owner has made application to the County for use of the Rights-of-Way pursuant to a
33 Franchise, License or other legal authority. A License is required when water and/or septic
34 lines serving a single-family residence will be installed within the Rights-of-Way.
35 D. Work within Trail designated Rights-of-Way.
36 Any Work within Trail designated Rights-of-Way requires a Permit. In addition to complying with
37 this Chapter, applications for Work on Trail designated Rights-of-Way shall also comply with the
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNN RIGHTS-OF-WAY
Working copy final draft 10-4-13
1 "Policies, Procedures and Requirements for Permits, Easements and Licenses of Trail Properties"
2 document as currently adopted or subsequently amended.
3 E. Other Rights-of-Way Work.
4 All non-exempt activities not listed above that require Work in the Rights-of-Way including, without
5 limitation, major Landscaping, Significant Tree removal/trimming and other miscellaneous
6 Excavations.
7 F. Work within Un-Opened Rights-of-Way.
8 In addition to the standard Rights-of-Way Permits, all activities described above that are
9 performed within Un-Opened Rights-of-Way may require an additional Access Permit in
10 accordance with Resolution 13774 as may be amended.
11 G. Exempted Activities.
12 Unless proposed Work will modify traffic flow on collectors or arterials, Persons conducting the
13 following activities within Rights-of-Way shall not be required to obtain a Permit; however, Persons
14 shall comply with all other provisions of this Chapter: driveway maintenance, minor Landscaping,
15 stringing cables on utility poles and associated maintenance thereof, accessing and maintenance
16 of existing manholes and replacing above-ground meters, transformers, closures, pedestals and
17 all Work performed by County personnel.
18 13.56.110 -Revocation of Permit.
19 A. The Director may, in writing, suspend or revoke a Permit required by this Chapter whenever the
20 Permit is issued in error or on the basis of incorrect information, or in violation of any ordinance or
21 regulation or any provision of this Chapter, or when Work is being performed in a manner contrary to
22 the terms of the Permit.
23 B. The revocation shall remain in effect until such time as the Person addresses the issues of
24 noncompliance and corrective measures to the Director. The Director may reissue the Permit if
25 corrective steps have been taken to insure future compliance.
26 13.56.120 -Franchise.
27 Nothing contained herein is intended to govern County requirements related to the granting of
28 Franchises for the use of Rights-of-Way. Franchise obligations are addressed in Chapter 13.58 TCC.
29 13.56.130 -Permit Fee.
30 Before a Permit is issued pursuant to this Chapter, the applicant shall pay to the County a Permit fee,
31 which shall be determined in accordance with a fee schedule adopted by the Board by resolution. Fees
32 will be reasonably related to the costs of processing applications, inspecting and reviewing plans and
33 may also include the costs of impact to the Rights-of-Way. As used in this Chapter, these costs
34 include, but are not necessarily limited to, the costs of permitting Rights-of-Way occupants, verifying
35 Rights-of-Way occupation, mapping Rights-of-Way occupations, inspecting job sites and Rights-of-Way
36 restorations, administering this Chapter, and costs incurred by the County relating to the degradation of
37 the Rights-of-Way, i.e., the cost to achieve a level of Restoration as determined by the County at the
38 time the Permit is issued.
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
Working copy final draft 10-4-13
1 13.56.140 -Financial security.
2 A. Unless otherwise specified below or in a Franchise or License agreement between the Permittee
3 or Owner and the County, the Engineer may require an applicant, in accordance with the provisions of
4 this section, to provide financial security to ensure that Work within County Rights-of-Way is
5 satisfactorily perFormed and completed in accordance with the requirements of this Chapter, including
6 any accepted plans, Specifications and other conditions or requirements related to Permit approval,
7 and all applicable federal, state and Local Laws, regulations and policies.
8 B. Any required financial security shall be in effect prior to starting any Work in the Rights-of-Way,
9 and shall remain in effect until released by the County.
10 C. Financial security shall be required for the following activities:
11 1. Frontage improvements requiring Road widening or re-surfacing.
12 2. Longitudinal utility Work associated with a development proposal.
13 3. Any Work where the Engineer determines a financial security is necessary for the
14 protection of the Rights-of-Way.
15 D. The following entities shall be exempt from providing financial security:
16 1. In accordance with RCW 36.32.590, state agencies and units of local govemment,
17 including school districts.
18 2. The United States government or any of its agencies.
19 3. Private utilities not exempted under RCW 36.32.590 holding a Franchise or License with
20 the County and having a current Franchise or License financial security in place.
21 E. Forms of financial security that are acceptable upon approval by the County:
22 1. Cash, deposited with the Thurston County Treasurer.
23 2. Irrevocable assignment of funds or account.
24 3. Irrevocable letter of credit from a financial institution.
25 4. A surety bond executed by a surety company authorized to transact business in the State
26 of Washington.
27 F. The amount of any required financial security shall be:
28 1. The total estimated cost including contingencies, as determined by the Engineer, to
29 satisfactorily perForm and complete Work within the Rights-of-Way in accordance with the
30 requirements of this Chapter, including any accepted plans, Specifications and other
31 conditions or requirements related to Permit approval, and all applicable federal, state and
32 Local Laws, regulations and policies.
33 2. A minimum of$5,000 or 10% of the total estimated cost for the financial security, whichever
34 is greater, shall be provided in the form of cash, irrevocable assignment or irrevocable letter
35 of credit with the remaining amount secured through a surety bond.
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
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1 G. If at any time the financial security amount drops below 50% of the original amount as a result of
2 the County requiring use of the funds, the Permittee or Owner shall immediately restore the financial
3 securiry amount to the original required amount.
4 H. Financial security required under this Chapter shall provide for:
5 1. Forfeiture to the County and the right for the County to withdraw funds upon failure of the
6 Permittee or Owner to satisfactorily perform and complete Work within the Rights-of-Way in
7 accordance with the requirements of this Chapter, including any accepted plans,
8 Specifications and other conditions or requirements related to Permit approval, and all
9 applicable federal, state and Local Laws, regulations and policies or to immediately
10 address any deficiencies deemed a public safety hazard.
11 2. The County's interest in any financial security required pursuant to this Chapter shall be
12 assignable, without obtaining a re-issuance of the financial security, to an annexing
13 municipality in the event the real property covered by the financial security is annexed prior
14 to either completion of the work secured by a financial security or final acceptance and
15 release of the financial security for that work covered by the financial security.
16 I. A blanket financial security may be maintained covering multiple permits in lieu of individua�
17 financial security at the Engineer's discretion.
18 J. If the County is required to perform any Work as authorized under this Chapter, the Permittee or
19 Owner shall be responsible for all costs incurred by the County in performing the Work covered by the
20 financial security. The Permittee or Owner shall reimburse the County for reasonable costs incurred by
21 the County exceeding the amount of the financial security.
2z K. When the County uses the proceeds of a financial security, the County shall provide the Permittee
23 or Owner with an itemized statement of expenditures.
24 L. The provision of financial security under this Chapter shall not relieve the Permittee or Owner of
25 responsibility or liability for any defective Work following the effective term of the financial security.
26 13.56.150 -Location.
27 A. Installations should be located to minimize need for later adjustment to accommodate future
28 Roadway improvements and to permit access to servicing such installations with minimum interFerence
29 to Roadway Traffic. The County shall make available to Facility Owners a copy of its six-year
30 transportation improvement program (or capital facilities and transportation plan where required), in
31 order to minimize Road user inconvenience should future Road improvements (on existing or new
32 alignment) require adjustment or relocating of the Facilities. Installations shall also be located to
33 minimize impacts to critical areas, as defined in the County's Critical Areas Title 24 TCC and the
34 County's Agricultural Uses and Lands Critical Areas Chapter 17.15 TCC, as enacted or subsequently
35 amended.
36 B. If applicable, the Facility Owner and/or Permittee shall be responsible to meet the minimum clear
37 zone requirements for all Work. Clear zone shall be defined as the roadside area at the edge of the
38 traveled lane that is available for safe use by errant vehicles. The available clear zone is the distance,
39 measured in feet, perpendicular to the Roadway beginning at the edge of the traveled lane to the
40 closest part of any fixed object or nontraversable obstacles as defined in the current Washington State
41 Department of Transportation Design Manual (M 22-01) and the current AASHTO "A Policy on
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Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
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1 Geometric Design of Highways and Streets" (Green Book).
2 C. Survey control monuments, including existing monuments, disturbed, destroyed or removed
3 during construction, shall be placed or replaced by a registered surveyor, at the expense of the
4 Permittee, in accordance with recognized good practice of land surveying, and in conformance with all
5 Specifications and Applicable Law.
6 13.56.160 -Standards and Codes.
7 All installations shall be designed in accordance with the standards, codes and regulations applicable to
8 the type of Facilities. This shall also include any Specifications which the County shall deem necessary
9 to provide adequate protection to the Road or Trail, its safe operation, appearance and maintenance.
10 The Facility Owner and/or Permittee shall further comply with any applicab�e provisions of Title 17 and
11 Title 24 TCC, as enacted or subsequently amended.
12 13.56.170 -Condition of Facilities.
13 All Facilities shall be kept in a state of good repair. If any Facility is not in such condition, the Owner
14 shall undertake such Work necessary to return the Facility to a state of good repair.
15 13.56.180 -Interference with Rights-of-Way.
16 A. No Facility may be located or maintained so as to unreasonably interfere with the use of the
17 Rights-of-Way by the County, by the general public or other persons authorized to use or be present in
18 or upon the Rights-of-Way.
19 B. A Permittee or Owner of Facilities in the Rights-of-Way shall, on the request of any Person holding
20 a valid Permit issued by a govemmental authority, temporarily raise or lower its wires to permit the
21 moving of buildings or other objects. The expense of such temporary removal or raising or lowering of
z2 wires shall be paid by the Person requesting the same. A Permittee or Owner shall be given not less
23 than 30 days advance notice to arrange for such temporary wire changes.
24 13.56.190— Design, Installation, Relocation, Removal and Alteration of Facilities for Public
25 Projects.
26 A. All Public Projects within Rights-of-Way.
27 1. If relocation, removal and/or alteration of Facilities is required as a result of any Public
28 Project, the Facility Owner, at its own expense, shall locate all existing active and abandoned
29 Facilities, and shall design, remove, relocate and/or alter its Facilities existing within the Rights-of-
30 Way whenever the County directs that such removal, relocation and/or alteration is necessary.
31 2. The Owner shall be responsible, at its own expense, for either coordination and/or
32 incorporation into the Public Project's environmental process or completing, on their own, any
33 needed environmental permits for any installation, relocation, removal and/or alteration associated
34 with Public Projects.
35 3. In no event shall design, installation, relocation, removal and/or alteration of Owner's
36 Facilities interfere with a Public Project and the Owner shall be responsible for all costs associated
37 with completing their Work within the times authorized in the project permit including without
38 limitation, any claims for time delay damages from the Pubtic Project contractor. Further, the
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1 Owner shall be responsible for designing and finally constructing the new location of its Facilities
2 so as not to be in conflict with the Public Project.
3 4. For both the Public ProjecYs design and construction purposes, the Owner shall locate all
4 existing active and abandoned Facilities at its expense. This shall include pot holing and
5 associated patching of its Facilities to verify existing locations and depths to the County's
6 satisfaction. These locations shall include all service connection lines, laterals, etc., that are
7 connected to its Facilities within the Rights-of-Way regardless of any agreement the Owner has
8 with its customers.
9 5. Upon the Owner's failure to accomplish such Work, the County or other governmental
10 agencies may: perform or cause the performance of such Work at the Owner's expense to be
11 reimbursed within 30 days after receipt of a written invoice or take compliance action pursuant to
12 Section 13.56.400 Violations and Penalties. Following relocation, removal and/or alteration, all
13 affected property shall be restored to, at a minimum, the condition which existed prior to
14 construction and to the County's satisfaction, by the Owner at their expense. Notwithstanding the
15 requirements of this section, an Owner may request additional time to complete a relocation
16 project. The Director may grant a reasonable extension if, in his or her sole discretion, the
17 extension will not adversely affect the Public Project.
18 6. In the event of an Emergency, or, where any Facility in the Rights-of-Way creates or is
19 contributing to an imminent danger to health, safety, or property, the governmental agency may
20 protect, support, temporarily disconnect, remove, or relocate any or all parts of the such Facility
21 without prior notice, and charge the Owner for costs incurred.
22 B. Thurston County Public Projects within the Rights-of-Way.
23 In addition to the requirements of Section 13.56.190A. above:
24 1. The County will provide the Owner, within a minimum of 90 days prior to the commencement
25 of the County's Public Project, written notice requesting the relocation, removal and/or alteration of
z6 the Owner's Facilities located within the Rights-of-Way, including proposed installation the Owner
27 may have planned within the limits of the Public Project, and provide the Owner with reasonable
28 plans and specifications for such Public Project. Unless otherwise provided by Applicable Law, the
29 Owner shall thereupon, at no cost to the County, install, relocate, remove and/or alter Owner's
3o Facilities in advance of the Public Project's construction start date and within the approved
31 working days authorized on the Owner's Rights-of-Way Permit. This completion time also includes
32 removing replaced or abandoned Facilities from the Rights-of-Way, complete cleanup of the work
33 site, removal of all poles, and temporary or permanent Pavement Structural Section Restoration
34 as established in the Permit.
35 2. The Owner may, within thirty (30) days after receipt of written notice requesting installation,
36 relocation, removal, and/or alteration of its Facilities, submit to the County a request to perform
37 this Work concurrently with said Public Project. The Owner shall submit a written schedule for the
38 completion of the design, installation, removal, relocation and alteration to the County along with
39 its written request for concurrent installation, removal, relocation and alteration of its Facilities.
40 The County will evaluate the Owner's request and may grant the Owner's request for a concurrent
41 installation, removal, relocation and alteration of its Facilities at the County's sole discretion. If
42 granted, the County will include a "utility window" in the Public Project, based upon the accepted
43 written schedule submitted by the Owner, that will give priority to the Owner's Work. This "utility
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Title 13-ROADS AND BRIDGES
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1 window" may be after some appropriate County contract Work has been completed, such as
2 clearing and grubbing.
3 The Owner shall complete the installation, relocation, removal and alterations, including
4 restorations, within the stated working days set out in the schedule submitted by the Owner and
5 included in the County contract under "utility window", and conditions required within the Permit.
6 The Owner shall be responsible to complete all of their Work within the submitted written
7 schedule, and shall be responsible for all costs of coordination with the County's contractor
8 including, without limitation, re-mobilization, delays, and/or disruptions.
9 In the event the County determines not to have the installation, relocation, removal, and/or
10 alteration perFormed concurrently with the Public Project, the Owner shall install, relocate, remove,
11 and/or alter its Facilities prior to the Public Project as directed by the County. The Owner shall be
12 responsible to complete all of their Work prior to the Public Project, and shall be responsible for all
13 costs of impacts to the County and the County's contractor if Work is not complete before the
14 beginning of the Public Project, including, without limitation, re-mobilization, delays, and/or
15 disruptions.
16 13.56.200 - Facility Owner Initiated Abandonment and/or Removal of Facilities.
17 A. Notification of Abandoned Facilities. Any Owner that intends to permanently discontinue use of
18 any Facilities within the Rights-of-Way shall notify the Director in writing of the intent to discontinue use.
19 Such notice shall describe the Facilities for which the use is to be discontinued, a date of
2o discontinuance of use, which date shall not be less than 30 days from the date such notice is submitted
21 to the Director. When a County department is discontinuing use of any Facilities, notification to the
22 Public Works Department of plans that include information on abandoned Facilities shall constitute
23 notice to the Director under this section. Upon notification, the Director at his or her sole discretion will
24 identify which of the following options are available to the Owner (default to option A.1 if the Director
25 does not identify which option to use):
26 1. Abandon the Facility in Place and the Facility remains the property of the Owner. The Owner
27 shall retain the responsibility for all obligations as Owner of the Facilities, or other liabilities
28 associated therewith. At the discretion of the Director, the Owner may be required to fill the
29 abandoned underground Facility with material as approved by the Director. With respect to any
30 Facilities that are abandoned, the Owner shall continue to be responsible for maintaining records
31 related to the nature of the Facilities, and locating Facilities as if Facilities had not been
32 abandoned. Such abandoned Facilities may be required to be removed at the Owner's expense,
33 at the County's discretion, at such time as the County determines necessary.
34 2. Facility shall be removed and the Owner shall be liable for removing its abandoned Facilities
35 at its own cost. This obligation to remove Facilities applies as well upon termination or revocation
36 of any Franchise or License, unless alternative arrangements have been agreed to in writing. The
37 Owner shall be obligated to restore affected property to the same or better condition as existed
38 just prior to such removal, subject to any rights to abandon Facilities in place, as set forth in this
39 section. Restoration will be done in accordance with the County's Specifications and Section
40 13.56.350 Restoration of Rights-of-Way. If an Owner fails to remove Facilities that the County
41 requires it to remove, the County may pertorm or cause the Work to be performed and collect the
42 cost thereof from the Owner.
43 3. Abandon the Facility in place and the Owner shall further convey full title and ownership of
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
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1 such abandoned Facilities to the County. The Owner is responsible for all obligations of the
2 Facilities, or other liabilities associated therewith, until the conveyance to the County is completed.
3 At the discretion of the Director, the Owner may be required to fill the abandoned underground
4 Facility with material as approved by the Director.
5 B. An Owner shall file a written removal plan with the County not later than 30 calendar days
6 following the date of the receipt of any orders directing removal, or any consent to removal, describing
7 the Work that will be performed, the manner in which it will be performed, and a schedule for removal
8 by location. The removal plan shall be subject to approval and regulation by the County. The affected
9 property shall be restored to as good or better condition than existed immediately prior to removal,
10 subject to approval of the County.
11 C. The Director shall use reasonable discretion to determine a time period to remove Facilities based
12 upon the size of the Facilities and scope of deployment throughout the County, and whether such
13 Facilities are above ground or underground. In no case shall an Owner with Facilities deployed
14 County-wide be provided less than 12 months to remove its Facilities, measured from the date the
15 Owner is ordered to remove its Facilities.
16 13.56.210 -Coordination of Construction Activities.
17 Owners shall notify the Director of known or planned expansion of the Facilities within the Rights-of-
18 Way, particularly those located underground or attached to bridges or other structures within the
19 Rights-of-Way. All Owners are required to cooperate with the County and with each other as follows:
20 A. By January 1st of each year, each Owner shall provide the Director with a schedule of its known
21 proposed construction activities which may affect the Rights-of-Way for that year.
22 B. Each Owner shall meet with the County and other Owners annually or as determined by the
23 County to schedule and coordinate construction.
24 C. All construction locations, activities and schedules shall be coordinated, as ordered by the
25 Director, to minimize public inconvenience, disruption or damages, including without limitation, joint
26 trenching, boring and shared conduit banks or galleries.
27 D. To insure coordination of construction activities, the Director may require the Owner to field verify
28 the location of their Facilities within the Rights-of-Way for both depth and alignment within two weeks of
29 notice by the Director.
30 E. Upon the County's request, in connection with the design of any County project, the Owner will
31 verify the location of its underground Facilities within the project limits by marking on the surface the
32 location of its underground Facilities as required by law. However, when necessary for the actual
33 design of any County project, the County may request that the Owner identify the exact location of its
34 underground Facilities by excavating (e.g., pot holing) and restoring at no expense to the County.
35 F. At the County's discretion, all Owners shall allow the County to install conduit in the Owner's
36 trench upon County's agreement to pay the incremental costs caused by the County's proposed
37 addition to the project.
38 G. Where there are unusual Facility installations or abandonment hazards or where heavy
39 construction equipment will be used, the Permittee shall provide adequate temporary protection for the
4o Roadway and existing Facilities.
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Title 13-ROADS AND BRIDGES
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1 H. When replacing a Roadway, the design shall protect existing Facilities to the maximum extent
2 practicable without sacrificing the geometrics of Roadway design.
3 13.56.220 -Construction Schedule and Notice of Work.
4 A. Unless otherwise provided in a License or Franchise, no Permittee, or any person acting on the
5 Permittee's behalf, shall commence any installation, relocation, or removal work or any other
6 nonemergency work involving undergrounding, excavation or obstructing in or about the Rights-of-Way,
7 except service repairs and individual service connections, without a preconstruction meeting with a
8 County inspector.
9 B. The Permittee shall also provide abutting private property owners or occupants three working days
10 advance notice of the specific location of work, the time work is scheduled to commence, and contact
11 name and telephone number of Permittee.
12 C. The Permittee is responsible to provide access to affected properties, to coordinate impacts to the
13 affected properties and to restore impacted properties in accordance with Section 13.56.360
14 Restoration of Improvements.
15 D. Emergency vehicles shall be provided access at all times.
16 13.56.230 -Compliance with Permit.
17 All construction practices and activities shall be in accordance with the Permit and accepted final plans
18 and specifications for the Facilities. The Director shall be provided access to the Work and such further
19 information as he or she may require to ensure compliance with such requirements.
20 13.56.240 -Display of Permit.
21 The Permittee shall maintain a copy of the Permit and accepted plans at the construction site, which
22 shall be made available for inspection by the Director at all times when construction work is occurring.
23 13.56.250 -Completion of Construction.
24 Permittees shall promptly complete all Work covered by the Permit so as to minimize disruption of the
25 Rights-of-Way and other public and private property. All Work authorized by a Permit within Rights-of-
26 Way, including restoration, must be completed within the following timelines:
27 A. The Permit for standalone Rights-of-Way projects (i.e., not associated with other construction
28 projects impacting the Rights-of-Way) shall expire 180 days after the permit issuance date and all Work
29 shall be completed within that timeframe. An extension may be granted by the Director if satisfactory
30 progress, as determined by the Director, has been made.
31 B. The Permit for a Rights-of-Way project associated with a current land use/development proposal
32 shall have the same expiration as the signed, accepted construction plans for that proposal.
33 C. The Permit for a Rights-of-Way project associated with a Public Project shall have an expiration
34 date negotiated in accordance with Section 13.56.190 of this Chapter.
35 13.56.260— Maps and Record Drawings.
36 A. If an engineer's certification is required under Section 13.56.090 Applications, then in addition to
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1 the requirements of Sections 13.56.350 Restoration of Rights-of-Way and 13.56.360 Restoration of
2 Improvements, within thirty days after completion of construction, the Facility Owner and/or Permittee
3 shall furnish the Director with copies of the record drawings, drawn to scale and certified to the County
4 as accurately depicting the location of all Facilities constructed pursuant to the Permit. The amount and
5 type of copies to be furnished shall be as determined in the Road Standards.
6 B. Each Facility Owner shall maintain maps or record drawings and improvement plans which show
7 the location and approximate size of Facilities. Maps or record drawings shall be based upon
8 post-construction inspection to verify location.
9 Upon request by the Director, the Owner shall provide the County with maps at no expense to the
10 County in a format agreed to by the Owner and the County, identifying the location and depth of all
11 Facilities, including individual service connections, within the Rights-of-Way of a defined area related to
12 a proposed County public project.
13 To the extent that any maps or record drawings that may be provided to the County are proprietary and
14 noted as such in writing by the Owner, and the County receives a request from any Person for
15 disclosure of the noted proprietary information, the County will endeavor to provide notice to the Owner
16 prior to any disclosure.
17 13.56.270 -Duty to Provide Information.
18 A. Within ten days of a written request from the Director, each Facility Owner shall fumish the Director
19 with information reasonably necessary to demonstrate:
20 1. That all requirements of this Chapter have been complied with;
21 2. That all taxes and fees due the County in connection with the services and Facilities provided
22 by the Owner have been properly collected and paid.
23 13.56.280 - Underground Facilities.
24 A. Whenever all existing Facilities are located underground within Rights-of-Way, a Permittee or
25 Owner must also locate its Facilities underground.
z6 B. Whenever all new or existing Facilities are located or relocated underground within Rights-of-Way,
27 a Permittee or Owner that currently occupies the same Rights-of-Way shall concurrently relocate its
28 Facilities underground at its expense.
29 C. All Roadway and Trail crossings shall be done by means of Boring or pushing (Trenchless
30 installation). Opening of the Roadway or Trail surface shall not be permitted unless it has been
31 determined by the Director that Boring or pushing cannot be done. The County will allow an open
32 trench installation after three bore/push attempts; or if the County knows that a bore/push is not feasible
33 in a particular location.
34 D. Location and Alignment.
35 1. For all crossings, the angle of crossing should be as near a right angle to the Road or Trail
36 centerline as practicable. However, lesser angles may be permitted based upon considerations of
37 practical alternatives.
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1 2. Where practicable, crossings should avoid deep cuts, footings of bridges and retaining walls,
2 or locations where Roadway or Trail drainage would be affected. The Permittee shall be
3 responsible for protecting these, or restore to the County's satisfaction.
4 3. Longitudinal installations should run parallel to the Roadway and lie as near as practicable to
5 the Rights-of-Way line. Installations which cannot be so installed will be allowed within the Rights-
6 of-Way, provided that the installation will not adversely affect the design, construction, stability,
7 structural integrity, traffic safety or operation of the Roadway. Longitudinal Installations are
8 typically not permitted on Trail Rights-of-Ways.
9 4. Where irregularly shaped portions of the Rights-of-Way extend beyond the normal Rights-of-
10 Way limits, a uniform alignment of Facilities shall be allowed.
11 5. Where existing Facilities are in place, new Facilities shall be compatible with the existing
12 installations and conform to this Chapter.
13 6. Any water or sewer line other than a main line shall not be placed parallel to a County Road
14 or Trail within the County Rights-of-Way.
15 E. Cover. The grade of and resulting cover for an underground Facility shall be a minimum of thirty
16 vertical inches below finished grade for all installations within County Rights-of-Way, or in compliance
17 with applicable federal, state and industry requirements if greater; provided, however, where less than
18 the minimum cover is made necessary to avoid obstacles, the Facilities shall either be rerouted or
19 protected with a casing, concrete slab or other method acceptable to the County.
20 F. Casing.
21 1. Casings shall be installed for Roadway and Trail crossings where required by appropriate
22 industry code.
23 2. Casings may be required for the following conditions:
24 a. As an expediency in the insertion, removal, replacement or maintenance of a carrier line
25 crossing or other locations where it is necessary in order to avoid open trench construction;
26 b. As protection for carrier lines from external loads or shock either during or after
27 construction of a road;
28 c. For jacked or bored installations of coated carrier lines unless assurance is provided to
29 the County that there will be no damage to the protective coating.
30 3. Within the Rights-of-Way, casing pipes shall extend beyond the toe of fill slopes, back of
31 roadway ditches, or outside of curbs.
32 4. Other than for necessary carriers, vents and/or drains, casing pipes shall be sealed at both
33 ends.
34 5. Casing pipes shall be designed to support the load of the road and superimposed loads
35 thereon and, as a minimum, shall equal the structural requirements for road drainage facilities.
36 6. Casing pipes shall be composed of materials of sufficient durability to withstand conditions to
37 which they may normally be exposed.
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
Working copy final draft 10-4-13
1 G. Uncased Carriers.
2 1. The carrier pipe shall conform to the material and design requirements of the appropriate
3 utility industry and governmental codes and specifications.
4 2. The carrier pipe shall be designed to support the load of the road, plus superimposed loads
5 thereon, when the pipe is operated under all ranges of pressure from maximum internal to zero
6 pressure.
7 H. Appurtenances.
8 1. Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where
9 required by federal safety standards. Vent standpipes shall be located and constructed so as
10 neither to intertere with maintenance of the Road or Trail nor to be concealed by vegetation.
11 Preferably standpipes should stand by a fence or on the Rights-of-Way line. It is the responsibility
12 of the owner to keep these vents free of vegetation in accordance with Section 13.56.310,
13 Vegetation and Landscaping Management.
14 2. Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid, liquefied
15 gas or heavy gas. Drains for carriers of hazardous materials shall be directed to holding areas to
16 prevent the potential for surFace or groundwater contamination. Drains for which only water or
17 other nonhazardous liquids may discharge may be directed into the roadway ditch or natural water
18 course at locations approved by the County. The drain outFall shall not be used as a wasteway for
19 routine purging of the carrier unless specifically authorized by the County.
20 3. Location markers and emergency information should be used when required by applicable
21 state and federal standards.
22 4. Manholes shall be designed and located in a manner that will not interfere with the wheel
23 paths of the existing Roadway or any future build-out of the Roadway. Where practicable,
24 installations in the Pavement Structural Section or shoulders should be avoided.
25 I. Installation.
26 Installations shall ensure safety of traffic and preservation of the Roadway and Trail structures, and
27 required construction shall, unless otherwise provided in the approved Permit, be in accordance with
28 the following controls:
29 1. Trenchless construction shall be required for underground Facilities crossing Roads and
30 Trails paved with asphalt concrete or cement concrete and for roads paved with bituminous
31 surface treatment unless otherwise directed by the County.
32 a. If sufficient Rights-of-Way exists, the length of Trenchless construction shall extend a
33 minimum of four feet from edge of Pavement Structural Section, except that a lesser
34 standard may be permitted by the Engineer when conditions warrant.
35 b. Over breaks, unused holes or abandoned casings shall be backfilled as directed by the
36 Engineer.
37 c. Water boring under Roadways and Trails shall not be permitted.
38 d. Existing carriers and conduit installed under a Roadway or Trail shall be physically
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1 located prior to Facility installation.
2 2. Trenched Construction and Backfill.
3 a. Where the pavement must be removed, it shall first be cut in vertical (or undercut),
4 continuous straight lines.
5 b. Trenches shall be cut to have vertical faces, where soil and depth conditions permit,
6 with a maximum width of outside diameter of pipe plus two feet. Shoring shall comply with
7 the Washington State Department of Labor and Industries Safety Code.
8 c. The pipe or carrier shall be installed and the trench backfilled in a manner assuring no
9 deformation of the pipe likely to cause leakage and restoration of the structural integrity of the
10 Roadway or Trail structure. Specific trench backfill requirements regarding materials and
11 methods shall be provided by the County.
12 d. When trenching is allowed through paved Roads or Trails, the Pavement Structural
13 Section shall be restored as required by the County.
14 3. Plowing of communication and electrical lines on or adjacent to existing roads by means of a
15 vibratory plow may be allowed by the County; provided, that the structural integrity of the Roadway
16 is not impaired.
17 J. One Number Locator Service.
18 Utility installations shall be located and identified in accordance with Chapter 19.122 RCW (Washington
19 State One Call System), as enacted or subsequently amended.
20 13.56.290 -Overhead Facilities.
21 A. Power and Communication Lines.
22 1. Single-pole construction and joint use of the pole is desirable and shall be used whenever
23 feasible. Telecommunication Facilities and Cable Facilities shall be installed on pole attachments
24 to existing utility poles only, provided, however, surplus space is available.
25 2. The minimum vertical clearance for overhead power and communication lines above the
26 ground and the minimum lateral and vertical clearance from bridges shall be in compliance with
27 the National Electrical Code and Chapter 296-466 WAC.
28 3. Where irregularly shaped portions of the Rights-of-Way extend beyond the normal Rights-of-
29 Way limits, a uniform alignment of Facilities may be allowed.
30 4. Overhead lines shall not be strung in a way that they impede the line of sight to a traffic
31 signal.
32 5. Poles shall be located so as not to obscure traffic signs and line of sight at intersections and
33 driveways.
34 13.56.300 - Fiber optic systems.
35 A. Depth. All fiber optic systems shall be installed at a depth of not less than thirty-six inches below
36 the final grade.
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1 B. Location Marking. All fiber optic cable installers shall mark the installation of the system with
2 marking tape or locating wire. When marking tape is placed, it shall be used at finrelve-to eighteen-inch
3 depth. Where nonmetallic fiber cable is used, a locator wire shall be used and must be at same depth
4 as fiber optic cable.
5 C. Fiber optic systems shall also comply with Section 13.56.280 Underground Facilities and Section
6 13.56.290 Overhead Facilities.
7 13.56.310 Vegetation and Landscaping Management.
8 A. Whenever a Person proposes to remove or trim trees within the Rights-of-Way, which is identified
9 on the `Sensitive Areas of Interest' list below, the Person, before doing the work, shall apply for a
10 Permit and obtain the approval of the Board. The Board may approve, condition or deny the application.
11 Upon a determination by the Board, a Permit may then be issued. Before the Board makes a decision
12 on the application, the applicant will provide notice of the application to any Person affected by the
13 proposed work.
14 1. Sensitive Areas of Interest:
15 a. Intersection of 8th Ave NE and South Bay Road NE.
16 b. Cedars adjacent to Rich Road near Chambers Creek.
17 c. McKenzie Road for its entire length.
18 d. "Twin" Douglas Fir on Delphi Road just easterly of bridge east of McKenzie Road.
19 e. Oak and Douglas Fir west side of Delphi Road just southerly of entrance to Camelot
20 subdivision.
21 f. Oak at northeast corner of Delphi and Kinney Road intersection.
22 g. Fadling Road from McKenzie Road westerly.
23 B. Whenever any Person proposes to remove or perForm major trimming on Significant Trees within
24 a County Rights-of-Way in an area which is not identified on the above `Sensitive Areas of InteresY list,
25 the Director shall approve, condition or deny the proposed action after review of the request for
26 approval of major trimming.
27 C. Maintenance of Landscaping and sidewalks by adjacent property owners.
28 1. Urban — Properties with urban frontage improvements (sidewalks, curbing, street lighting,
29 etc.)and/or urban densities.
30 a. Urban property owners shall be required to maintain the Landscaping and sidewalks
31 within the Rights-of-Way immediately adjacent to their property unless otherwise notified by
32 the County.
33 2. Rural — Properties with rural frontage improvements (gravel shoulders, grass lined
34 ditches/swales, etc.) and/or rural densities.
35 a. The County will maintain these Rights-of-Ways unless otherwise requested through the
36 County's "Owner Will Maintain Program" set out below.
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1 b. Thurston County provides property owners the opportunity to maintain vegetation within
2 County Rights-of-Way that is immediately adjacent to their property through the "Owner Will
3 Maintain Program," hereinafter "Program." Such maintenance must achieve the goals for
4 storm drainage, noxious weed control, traffic safety and visual aesthetics. Property owners
5 who desire to maintain vegetation within Rights-of-Way immediately adjacent to their
6 property must apply to and obtain from the County a Program Permit. There is no fee
7 required to be paid by a property owner for this Permit. An application for the Program
8 Permit can be obtained from the County Public Works Department. The Program Permit is a
9 one-year permit that must be renewed by the property owner on an annual basis. The
10 Program Permit will automatically expire if not renewed prior to the Program PermiYs
11 expiration. Should it be determined by the County that the property owner is not maintaining
12 the roadside vegetation in the area described in the Program Permit, the Program Permit will
13 not be renewed.
14 Each Program Permit holder must comply with all provisions set out on the Program Permit.
15 The County may revoke a Program Permit for noncompliance with the Program Permit
16 provisions. Notification will be sent to Program Permit holders who are in noncompliance with
17 a Program Permit setting out the deficiencies that are to be remedied. If noncompliance
18 continues, a notice of deficiency will be mailed to a Program Permit holder thirty days prior to
19 revoking the Program Permit. A revoked Program Permit will not be reinstated unless the
20 applicant corrects all deficiencies. Continued and repeated noncompliance with Program
21 Permit requirements may result in the property owner being removed from the Program.
22 3. A property owner that is maintaining Landscaping within the Rights-of-Way shall be
23 responsible for the Landscaping Work and all associated costs, including removal when deemed
24 necessary for public safety or when the Landscaping is in conflict with a County project.
25 D. Vegetation management by utility owners.
26 1. Utility owners engaged in vegetation management on Rights-of-Way shall retain all healthy
27 trees that do not pose a danger or hazard to the Facilities. For the remaining trees, sound pruning
28 practices shall be used that take into consideration safety, arboriculturally correct methods and
29 natural appearance.
30 2. All vegetation management practices shall be in accordance with the current Thurston
31 County Critical Areas Ordinance and any future groundwater and wellhead protection ordinances.
32 3. Herbicide and pesticide applications shall follow state law governing utility rights-of-way
33 maintenance.
34 4. Utility owners shall maintain the vegetation within a minimum 3' radius around all above
35 ground Facilities within the Rights-of-Way so that the Facility is clearly visible so to prevent
36 damage to Facilities and County maintenance equipment. Any damage to above ground Facilities
37 and County maintenance equipment from utility owner's failure to maintain vegetation shall be the
38 responsibility of the utility owner.
39 5. Maintenance trimming for power companies shall be allowed without approval of the Director
40 as long as trimming does not exceed clearances allowed by state law and the following maximum
41 clearances:
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Deciduous Evergreen
4,000 and 12,000 volts 20' 10'
55,000 and 115,000 volts 40' 15'
1 6. Aesthetic and scenic considerations.
2 a. Significant Trees shall not be impacted (e.g., tree removal, topping, locating Facilities
3 within the drip line)without prior approval by the Director, except during emergency situations
4 as described in Section 13.56.340.
5 b. Sound pruning practices using arboriculturally accepted methods shall be used to
6 maintain the vegetation's natural appearance to the maximum extent practicable.
7 c. All other Landscaping and other property removed, damaged or disturbed as a result of
8 the construction, installation, maintenance, operation, repair, relocation or replacement of
9 Facilities shall be replaced or restored to as near the original condition as reasonably
10 possible.
11 13.56.320 - Installations on Roadway and Trail Structures.
12 Attachment of Facilities to a Roadway or Trail Structure may be allowed by the Engineer where such
13 attachment conforms to sound engineering considerations for preserving the Roadway or Trail
14 Structure and its safe operation, maintenance and appearance; provided that any damage to such
15 Facility attached to a Roadway and or Trail Structure shall be the responsibility of the Owner. The
16 attachment shall be in accordance with the following:
17 A. Attachment of a Facility shall not be considered unless the Structure in question is of a design and
18 in a condition that is adequate to support the additional load and can accommodate the Facility without
19 compromise of Roadway or Trail features, including reasonable ease of maintenance.
20 B. Manholes and other access points shall not be placed within the wheel paths of the existing
21 Roadway or any future build-out of the Roadway.
22 C. Pipelines carrying a hazardous transmittant, not including natural gas, shall not be attached to
23 Roadway or Trail Structures.
24 D. The Facility attachment shall not reduce the clearance of a Structure where such clearance is
25 critical. Attachment to the outside of a Structure shall be avoided where there are reasonable
26 alternatives.
27 E. Facility mountings shall be of a type which shall not create noise resulting from vibration.
28 F. The hole created in a Structure abutment shall be sleeved, shall be of the minimum size
29 necessary to accommodate the Facility, and shall be sealed to prevent any leakage of water or backfill
30 material.
31 G. After the Facility passes through the abutment, the Facility may be required to curve or angle out
32 to align outside the Road/Trail bed area in as short a distance as is operationally practicable.
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1 H. Facilities shall be suitably insulated, grounded and carried in protective conduit or pipe from point
2 of exit from the ground to reentry.
3 13.56.330 -Damage to Property.
4 No Facility Owner or Permittee or any Person acting on their behalf shall take any action or permit any
5 action to be done which may impair or damage any Rights-of-Way, or other property located in, on or
6 adjacent thereto except in accordance with Section 13.56.350 Restoration of Rights-of-Way. If an
7 Owner or Permittee causes or discovers damage to its Facility or a Facility not its own, including its
8 protective covering, they or their agent shall notify the Facility operator promptly. If damage results in
9 any condition that endangers life, health, or property, the Owner or Permittee, or their agent, shall
10 immediately notify 911 and take immediate action to protect the public and nearby properties.
11 13.56.340— Unexpected Repair/Emergency Repair Work.
12 In the event of an unexpected repair or Emergency, any Person maintaining Facilities in the Rights-of-
13 Way may commence such repair and Emergency response Work on existing Facilities as required
14 under the circumstances; provided, the Person shall notify the Director immediately before such repair
15 or Emergency Work or as soon thereafter as possible if advance notice is not practicable. All
16 Emergency Work shall require immediate notification to the County and the Person doing the Work
17 shall apply for a Permit within three working days of Work commencement.
18 13.56.350 - Restoration of Rights-of-Way.
19 Restoration shall comply with the following:
2o A. When a Facility Owner, Permittee, or any Person acting on its behalf, does any work in or
21 affecting any Rights-of-Way, they shall, at their own expense, promptly remove any obstructions
22 therefrom and restore such Rights-of-Way to the condition required by applicable County
23 Specifications. As used in this section, "promptly" means as required by the Director in the
24 reasonable exercise of the Director's discretion.
25 B. If weather or other conditions do not permit the complete restoration required hereunder, the
26 Permittee shall temporarily restore the affected Rights-of-Ways. Such temporary restoration shall
27 be at the Permittee's sole expense, and the Permittee shall promptly undertake and complete the
28 required permanent restoration when the weather or other conditions no longer prevent such
29 permanent restoration.
30 C. A Permittee or other Person acting on its behalf shall use suitable barricades, flags, flaggers,
31 lights, flares, signs. and other measures as required for the safety of all members of the general
32 public as well as the workers, and to prevent injury or damage to any person, vehicle or property
33 by reason of such Work in or affecting such Rights-of-Way.
34 D. All restoration work conducted under this section shall be subject to final inspection and
35 acceptance by the Director.
36 13.56.360 - Restoration of Improvements.
37 Upon completion of any Work, the Permittee shall promptly repair any and all public and private
38 property, improvements, Landscaping, fixtures, Structures and Facilities which are damaged during the
39 course of construction. Repair of the same shall be to as near the original condition before construction
40 commenced. The repair shall take no longer than such time as may be established by the County
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Title 13-ROADS AND BRIDGES
Chapter 13.56-THURSTON COUNTY RIGHTS-OF-WAY
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1 during Permit review.
2 A. All open trench Work shall be restored in accordance with the following guidelines as determined
3 by the Engineer:
4 1. Controlled density fill (CDF) shall be required as a backfill material for all open trench
5 Pavement Structural Section crossings on arterial and collector Roadways or as required by the
6 Engineer;
7 2. Select backfill, meeting the requirements of the Specifications may be used for longitudinal
8 trenches within the Pavement Structural Section and any trench outside of the Pavement
9 Structural Section, as approved by the Engineer. Backfill shall be compacted to at least ninety-five
10 percent density and placed in a maximum of twelve-inch lifts, as provided in the Specifications.
11 Written verification of placement of the backfill and compactionis required;
12 3. Native material may be used as backfill material when standard acceptable tests performed
13 by a qualified tester show the material meets the requirements for backfill material as provided in
14 the Specifications and as approved by the Engineer. The requirements for compaction and
15 placement in subsection A.2. above also apply when native material is used; or
16 4. Additional restoration may be required as determined by the Engineer.
17 B. All Facilities placed parallel to and are within or result in damage to Pavement Structural Section
18 shall be required to restore the road from the centerline to the edge of pavementby grinding and
19 overlaying a minimum 0.17 feet of asphalt. The restoration limits will be based on trench location
20 and may be reduced for non-typical roadway conditions such as center lanes, turn lanes, multiple
21 lanes, large paved shoulders, etc.
22 C. When conditions are warranted, the Director may require financial security for a minimum of ten
23 years in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest in a
24 bank account for all or a portion of restoration. Conditions that may warrant this include, without
25 limitation, the placement of Facilities in or near sensitive areas and areas of continuous
26 settlement.
27 13.56.370 -Traffic Control.
28 A. When it is necessary to obstruct Traffic by any Work proposed within the traveled way, Traffic
29 Control and a plan developed in accordance with the MUTCD shall be submitted to the County prior to
30 starting Work, and shall include provisions to provide temporary pedestrian accessibility in accordance
31 with Americans with Disabilities Act, any regulations promulgated thereunder, the MUTCD, and any
32 other applicable state or federal law. No Permit will be issued until the plan is accepted by the County.
33 The Permittee shall implement the accepted plan, when necessary, until all Work that impacts Traffic
34 has been completed. If conditions change, the Traffic Control plan shall also reflect the changes. A
35 copy of the accepted Traffic Control plan shall be located on the construction site. Traffic Control
36 devices are to be supplied by the Permittee.
37 B. The Permittee shall be responsible for the safety and security of the traveling public and the
38 security of each Facility within a Road construction zone.
39 C. All Traffic Control personnel shall follow the applicable federal, state and local guidelines for their
40 associated working conditions.
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1 D. During any Work, barriers and warning signs shall be erected, lighted and maintained as
2 necessary or as directed by the Director for the protection of the traveling public. The MUTCD shall be
3 used as a guide for all maintenance and construction signing. During non-work hours, all construction
4 Work area signs that are not appropriate shall be removed or covered. Any deficiencies noted by the
5 County shall be corrected immediately by the Permittee. If Permittee is not available or cannot be
6 found, the County may make such corrections and the Permittee shall pay the actual costs, plus
7 50 percent of the amount thereof.
8 E. At the site of an emergency or whenever necessary for public safety, the Permittee and/or Owner
9 shall employ flaggers, whose duties shall be to control Traffic around or through the construction site or
10 the site of an emergency. The use of flaggers will be governed by the provisions of the MUTCD and
11 may be required in other cases at the discretion of the Director. The County may hire or use County
12 forces to provide Traffic Control or bring the Traffic Control up to the safety standards set out in the
13 MUTCD and other applicable federal and state law at the Permittee's expense (actual cost plus 50
14 percent).
15 F. Unless approved by the Director, the Permittee shall not impede rush hour traffic on arterial or
16 collector Roads during the morning or evening rush hours. No traffic lane shall be closed during the
17 hours of 7:00 a.m. to 9:00 a.m. or 3:30 p.m. to 6:00 p.m., without the approval of the Director.
18 G. When Road closures and detours cannot be avoided, the Permittee shall request approval from
19 the County a minimum of twenty-eight days notice prior to the proposed closure, or longer if special
20 circumstances exist (see 2. below). It shall be the responsibility of the Permittee to notify and
21 coordinate all Work in the public Rights-of-Way with police, fire, ambulance, transit organizations,
22 schools and other entities, as determined in the Director's reasonable discretion. The County requires
23 a detour plan to be prepared, submitted and accepted prior to closing any portion of a County
24 Roadway.
25 1. The Road closure plan, at a minimum, shall include a detour route with the location and type
26 of signs to be used, pursuant to the MUTCD. A written statement describing the detour route,
27 length of detour and proposed dates and times of Road closure shall also be submitted.
28 2. All Road closures shall be consistent with Chapter 47.48 RCW, as enacted or subsequently
29 amended. Special consideration needs to be given by the Permittee concerning the timing
30 requirements of Road closures as specified in Chapter 47.48 RCW and the timing requirements
31 for the Board to review and approve the closure.
32 H. For nighttime Work, area flood lighting shall not be allowed to spill out of the Work area in such a
33 way as to disturb, annoy, or endanger the comfort, health, or peace of others, unless necessary for
34 protection of the workplace. Traffic Control devices must be reflectorized and illuminated or have
35 barricade warning lights.
36 13.56.380 -Eminent Domain.
37 Nothing in this Chapter shall be deemed or construed to impair or affect, in any way or to any extent,
38 the County's power of eminent domain.
39 13.56.390 -Indemnification and Insurance.
40 A. Indemnification.
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1 1. Except for County departments and unless otherwise specified in a Franchise or License
2 between the Permittee and/or Owner and the County, each Permittee and Owner shall defend,
3 indemnify and hold harmless the County, its elected and appointed officers, officials, agents and
4 employees (collectively referred to as the "Indemnitees") from any and all claims, actions, suits,
5 proceedings, arbitrations, awards, judgments, liabilities, losses, expenses or damages of every
6 kind and description, including but not limited to court and appeal costs, reasonable attorneys'
7 fees and expert witness fees and expenses, arising out of or alleged to arise out of, relating to or
8 resulting from the use by Permittee and/or Owner of the County Rights-of-Way or action, error or
9 omission of Permittee and/or Owner, its employees, agents, contractors or subcontractors,
10 whether by negligence or otherwise in connection with the use of such Rights-of-Way.
11 2. To the maximum extent allowed by law, each Permittee or Owner shall indemnify, defend,
12 and hold harmless the Indemnitees from and against any and all claims, demands, liabilities,
13 losses, costs, damages or expenses of any nature whatsoever including all costs and attorneys
14 fees, made against the County on account of Permittee's or Owner's violation of any
15 environmental laws applicable to the Facilities, or from Permittee's or Owner's release of any
16 hazardous substances on or from the Facilities. This indemnity includes, but is not limited to: (a)
17 liability for a govemmental agency's costs of removal or remedial action for hazardous
18 substances; (b) damages to natural resources caused by hazardous substances, including the
19 reasonable costs of assessing such damages; (c) liability for any other Person's costs of
20 responding to hazardous substances; and (d) liability for any costs of investigation, abatement,
21 mitigation, correction, cleanup, fines, penalties, or other damages arising under any environmental
22 laws.
23 3. In the event of liability for damages arising out of bodily injury to persons or damage to
24 property or business caused by or resulting from the concurrent negligence of the Indemnitees
25 acting within the scope of their employment and the Permittee and/or Owner or Permittee's and/or
26 Owner's agents, employees, contractors, and subcontractors, Permittee's and Owner's liability to
27 defend, hold harmless and indemnify the Indemnitees shall apply only to the percentage of fault
28 attributable to the Permittee and/or Owner, its agents, employees, contractors, and
29 subcontractors. Permittee's and Owner's duty to indemnify Indemnitees shall not apply to liability
30 for damages arising out of bodily injury to persons or damage to property or business caused by
31 or resulting from the sole negligence of the Indemnitees acting within the scope of their
32 employment.
33 4. Such indemnity, defense and hold harmless shall include any demand, claim, suit or
34 judgment for damages to property or injury to or death of persons, including ofFicers, agents and
35 employees of any Person including payment made under or in connection with any Workers'
36 Compensation Law or under any plan for employees' disability and death benefits, which may
37 arise out of or be caused or contributed to directly or indirectly by the erection, maintenance,
38 presence, operation, use or removal of Permittee's or Owner's Facilities or installations of
39 Facilities including any claims or demands of customers of the Permittee or Owner with respect
4o thereto.
41 5. Indemnitees shall not be liable to the Permittee or Owner, or to the Permittee's or Owner's
42 customers, and the Permittee or Owner shall indemnify, defend and hold harmless the
43 Indemnitees against any and all such claims or demands, suits or judgments for losses, liabilities,
44 damages and expenses by the Permittee's or Owner's customers, or for any interruption to the
45 service of the Permittee or Owner, or for interference with the operation of the Facilities.
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1 6. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold
2 harmless provisions shall apply to and be for the benefit of the Indemnitees.
3 7. All provisions of this section shall apply to the successors and assigns of the Permittee and
4 Owner.
5 8. To the extent permitted by Washington law, the County shall not be liable for any damage to
6 or loss of any Facility within the Rights-of-Way as a result of or in connection with any emergency
7 removal or relocation, public Works, public improvements, construction, excavation, grading, filling
8 or Work of any kind in the Rights-of-Way by or on behalf of the County or any entity under contract
9 with the County except for damage caused by the negligence of the County.
10 B. Insurance.
11 1. Except for County departments and unless otherwise specified in a Franchise or License
12 between the Permittee and the County, prior to the granting of any Permit, all Permittees required
13 to submit a financial security under Section 13.56.140 Financial Security shall also file with the
14 County an insurance policy or certificate in a form satisfactory to the County with coverage as
15 follows:
16 a. Commercial general liability insurance, and if necessary, umbrella liability insurance,
17 which will cover bodily injury, property damage, and any other exposure which can be
18 reasonably identified as potentially arising from the Permittee's activities within the Rights-of-
19 Way. The limit of liability shall not be less than two million dollars each occurrence and shall
20 include employer's liability coverage with a limit of not less than one million dollars per
21 occurrence. The County, its elected and appointed officers, officials, employees, agents and
22 representatives shall be named as additional insureds with respect to activities occurring
23 within its Rights-of-Way. Coverage shall be comprehensive with respect to the Permittee's
24 activities within the Rights-of-Way and shall include completed operations, explosions,
25 collapse and underground hazards;
26 b. Business automobile liability insurance for owned, non-owned and hired vehicles with
27 limits of not less than two million dollars per person, three million dollars per accident;
28 c. Workers' Compensation insurance as required by Title 51 RCW.
29 2. The insurance policies required by this section shall be maintained at all times by the
30 Permittee. Each liability policy shall be endorsed to require the insurer to notify the County at least
31 forty-five days before the policy can be canceled by either party, and to require notice of
3z cancellation due to nonpayment of premium to be mailed to the administrator as well as the
33 named insured. The Permittee will be obligated to replace or renew the canceled or expiring policy
34 and show proof in the form of a certificate of insurance, at least twenty days before the expiration
35 or cancellation of the existing policy(s).
36 3. The insurance limits mandated for any insurance coverage required under this Chapter are
37 not intended to be an indication of limits of exposure nor are they limitations on liability or
38 indemnification.
39 4. Whenever any Person has filed with the County evidence of insurance as required, any
40 additional or subsequent Permit holder in the employ of said initial Person may, at the discretion of
41 the County, be excused from depositing or filing any additional evidence of insurance if such
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Working copy final draft 10-4-13
1 employee is fully covered by the Permittee's insurance policy.
2 13.56.400 -Violations and Penalties.
3 A. Any Person, whether Permittee, Owner, lessee, principal, agent, employee or otherwise, who
4 violates any provision of this Chapter, any Permit, permit condition, or orders issued pursuant to this
5 Chapter, or permits any such violation, or fails to comply with any of the requirements hereof, is subject
6 to the enforcement provisions under Title 26 TCC.
7 B. No Permit will be issued pursuant to this Chapter if any Permittee and/or Owner is in violation of
8 this Chapter, except a Permit may be issued if conditioned on having the violation remedied within a
9 reasonable time as provided by the Director. If a Permit is conditioned on remedial action, security in
10 the form of a letter of credit or similar instrument, in accordance to Section 13.56.140 Financial
11 Security, will be required unless waived by the Director for good cause.
12 13.56.410 -Context.
13 When not inconsistent with the context, words used in the present tense include the future tense, words
14 in the plural number include the singular number, and words in the singular number include the plural
15 number.
16 13.56.420 -Severability.
17 All sections, subsections, provisions, and portions of this Chapter shall be severable, and if any section,
18 subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person
19 is, for any reason, declared invalid, illegal or unconstitutional, in whole or in part by any court or agency
20 of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof, and
21 all other sections, subsections, provisions, and portions of this Chapter shall remain in full force and
22 effect.
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Thurston County,Washington, Code of Ordinances
Page 33 of 33
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