HomeMy WebLinkAbout115-06 - Ord. Repealing and Reenacting Chapter 12.24 Installation of Above and Below Ground Public/PrivateMASON COUNTY
ORDINANCE NO. j5i2(,
AN ORDINANCE OF MASON COUNTY, WASHINGTON,
REPEALING AND REENACTING CHAPTER 12.24 OF
THE OFFICIAL CODE OF MASON COUNTY RELATING
TO THE INSTALLATION OF ABOVE AND BELOW
GROUND PUBLIC AND PRIVATE UTILITY FACILITIES;
REGULATING THE OCCUPANCY AND USE OF THE
ROAD RIGHT-OF-WAY; ESTABLISHING PERMITTING
AND FRANCHISING REQUIREMENTS THEREFORE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE
WHEREAS, the Board of Commissioners of Mason County (the "Board") is required, as
a standard of good practice for the accommodation of utilities within the road right-of-way, to
adopt generally applicable administrative, procedural, and technical guidance and requirements
regarding the installation, replacement, adjustment, relocation, and maintenance of all utilities in,
on, or above the County road right-of-way (the "Utility Accommodation Policy"); and
WHEREAS, the Utility Accommodation Policy is required to include general standards
for the location, design, and construction of each utility, a written permit process for all non-
exempt utility work, specifications for underground and above ground utilities, including
aesthetics, installations on roadway bridges, site restoration, traffic control, and public safety;
and
WHEREAS, the Board previously adopted a Utility Policy in the form of Ordinance 3-93
on January 5, 1993; and
WHEREAS, the Board finds that County road rights -of -way are critical to the travel of
persons and the transport of goods and other tangibles; are used by the County to provide critical
services to its citizens, including services to protect public safety; and that such rights -of -way are
intended for public uses and must be managed and controlled consistent with that intent such that
the installation, maintenance, and operation of public and private utilities does not interfere with
or incommode such public uses; and
WHEREAS, the Board finds that the current Utility Accommodation Policy does not
include adequate provisions that provide for regulation of the manner in which an operator will
continue to use and occupy the road rights -of -way; and
WJ-[FI '-{ AS, the -loard turner finds that the current Utility Accommodatio-a Policy does
not provide adequate flexibility to allow tite County Engineer to impement standards,
requirements, and guidelines and manage the pub ic rights -of vway in a manner that best protects
the pubic health, safety, and welfare and respond to the needs of the ope::tors using the road
sights=oN vvay or provisioning of services; and
WHEREAS, the 3oard further finds that ttie administrative fees adopted pursuant to the
current Utiii ty ?olicy do not :eflect the increased costs to the County acid that the fees s oul d be
reviewed and adjusted on a consistent basis; and
WHNR1'r;AS, based upon the foregoing, the loard has concluded that it would be in the
best interests of the citizens of Vason County that she Board delegate to the County -Krigineethe
authority to prepare, review, update, and publish a Manua' on & ccommodating Utilities in the
Mason County Right-o foray, which manual shalbecome tale Utility Accommodation Policy of
the • o ard; and
WHERE
andiob_gations a
utility facilities;
S, the Board further coreudes t
-tat it is necessary to carify the rights, duties,
oplicable to nose persons who se the public rights-o f way for operation of
NOW, THEREFORE, THE —BOARD OF COMMISSIONERS OF MASON
COUNTY, WASHINGTON9 DO ORDAa_N AS FOLLOWS:
Section 1 a Repeal and Reenactment of Mason County Code Chapter t 2 24 Chapter
12.2a of file Official Code of Mason County is hereby repealed in its entirety and reenacted to
read as follow:
f20240OIO Purpose.
The purpose of this Chapter is to establish a County policy governing
management of the road rights -of -way through requirements and standards for the
construction, installation, repair, maintenance, removal, replacement, adjustment
and relocation of all above and below ground utility facilities that are located
within the County road right-of-way. The goal of this policy and the requirements
and standards is to protect and advance the public health, safety, and welfare by:
A. Establishing clear and nondiscriminatory local guidelines, standards,
and time frames for the exercise of loca
public rights -of -way;
Minimizing unnecessary yo
authority with respect to the use of
caregulation of operators and services;
C. Permitting and managing reasonable access to the road rights -of -way
of the County on a competitively neutral basis;
Do Assuring that -he County's current and ongoing costs of granting and
regulating access to and use of the road rights,offvvay are fuLy paid for by the
persons seeking such access and causing suc1it costs;
1* & ssuring that al persons using the road rights -of way comply with t tie
ordinances, rules, reguations, policies, and procedures of t e County;
T-7o Ensuring tale ability of the County to obtain sufficient inlorma:ion from
persors subject to its jurisdiction to enable effective decisions regarding their
access to County road rightsoo `=way and e ective management of activity the
0
rrT
wit
g ts-offway;
Coo Providing for tie gra--‘t of a franchise to govern
lain the public rights -of -way;
Ho Providing for the issuance o
Ise of and activities
a master road use permit
to govern
activities of exempt operators within the pubic rig'�tsrpof=way; ard
0 Providing or the issuance of private line utility occupancy permits to
govern activities of operators of private lines serving sing le=family residences.
This Chapter shall rep=ace and supersede ordi-fiance 3 -93 adopted by the
oard or County Commissioners' action on anaary 5, :993
`2.24 020 ppkahifitya
The requirements and policies set forth in this Chapter s=lall appYy to a_1 new
franchises, master road use permits, private line utility occupancy permits, arc
uti.ity permits issued by the County pursuant its police powers and its authority
granted in RCW 80.3 2.010, RCW n0.36.040, and Ch. 36.55 RCW, and to all
construction, installation, repair, maintenance, removal, replacement, adjustment,
and relocation of utility facilities within the County road rightmof way by pubic
and private operatons, including -but not limited to electric power, telephone,
television, cable, telegraph, communication, information, water, gas, a_1
petroleum products, steam, ciaemicais, sewage, drainage, irriga:ion, and sirni lar
pipes, lines, or cables.
This Chapter cannot address all situations and conditions that may be
encountered. Specific provisions contained herein may not be appropriate for all
locations and existing conditions. The requirements of this Chapter are intended
to assist, but not be a substitute for, competent work 3y both road and utility
design and installation professionals. This Chapter should not be construed to
limit any innovative or creative effort which could result in better quality, better
cost savings, or improved safety characteristics.
It shall be the responsibility of any operator installing or relocating any of its
facilities to ascertain and abide by the requirements and conditions of this
Chapter
2 24 O3O Definitions.
For the purposes of this Chapter, the fo"owing terms, phrases, words, and
abbreviations shall have the meanings given herein, unless otherwise expressly
stated. When not inconsistent with the context, words used in the present tense
include the future te_-Ise, words in the plural number include the singular number,
words in the singular number include the p` ural number, and the masculine gender
includes the feminine gender. The words "shal" and 66wi__99 a,Ac mandatory, and
66may" is permissive. Unless otherwise expressly stated, words not defined in this
title shall be cons trued consistent with their common and ordinary meaning.
References to governmental entities (vvheber persors or erg ci ties) refer to nose
entities or their successors it authority.
3
If specific provisions of yaw referred to herein are ren imbercd, then the reference
slaaii be read to refer to is e renumbered provision. 1'' eferences to laws, ordinances,
ru-
es, or regulations shad be interpreted broadto cover government actions,
however nominated, and include aws, ordinances, and reguations, :now it force
or hereinafter enacted or amended or re -codified.
"Abandon" or "Abandonment" shall mean and refer to an Intent by the ow i er
or operator to cease or surrender use for the intended purpose.
66 dministrative Reg ations" means regulations adopted and amended from
time to :irne by the Co :,inty Engineer that implement, supplement, or interpret
Chapter 12.04 of the Mason County Code.
"Appurtenance" means equipment and/or accessories which are a necessary
part of an operating utility system or subsystem or private uses.
"Backfill" means replacement of excavated material with suitable material
compacted as specified.
"Boring" means grade and a_ignrnen -controlled mecl i anicaor o tLier metriod
of installing a pipe or casing under a road without disturbing the surrounndmg
medium
i 1
"Carrier" means pipe directly enclosing a transmitted fluid or gas.
"Casing" means a :arger pipe enclosing a carrier for the purpose of providing
structural or other protection to the carrier and/or to allow for carrier ren acement
without re-excavat' , ' l ing, or boring.
"Coating" means protective material appied to the exterior of a pipe or
conduit to prevent 07 reduce abrasion and/or corrosion damage.
"Conduit" means an enclosed tubular runway for protecting wires or cables.
"Cover" means depth to too of pipe, conduit, casing, or gallery below the
grade of a road or ditch.
"Drain" means appurtenances to discharge accumulated liquids from casings
or other enclosures.
"Encasement" means a structural element surrounding a pipe or conduit for
the purpose of preventing future physical damage to the pipe or conduit.
"Exempt Operator" or "Exempt," or any derivations thereof, shall, unless the
context clearly indicates otherwise, mean any operator that has a continuing and
lawfully vested right to occupy the Mason County road rights -of -way to provide a
particular service or services and may not lawfully be required to obtain consent
from the County to occupy or continue to occupy the road rights -of -way to
provide such service or services.
"Franchise" means the authorization granted by ,he County for non-exclusive
use and occupancy of road rights-o "way in accordance with Chapters 36.55 and
80.32 RCW to provide a specific service within the franchise area. Such
franchise shall riot include or be a substitute for:
(a) Any permit, agreement, or authorizatio-3 required in connection vwi y7r
operations on or in public streets or property, incyuding by way of example and
go, imitation, utiity permits; or
(b) Any permits or agrQeernents for occupyi:� g any other property of type
County or private entities to whic�� access is not specificagranted by t He
frarichise
"Franchise Area" means the area of the County that an operator is authorized
to serve by the terms of its franchise or by operation of law.
"Gallery" means an underpass for two or more utility lines.
"Manhole" means an opening in an underground utility system or private lines
into which workers or others may enter for the purpose of making installations,
inspections, repairs, connections, cleaning, and testing.
"Master Road Use Permit" means the authorization granted by the County
Engineer to an exempt operator of a utility system, giving the operator permission
to enter upon and use specified road rights -of -way for the purpose of installing,
maintaining, repairing, relocating, or removing identified utility facilities to
provide service. Such master road use permit shall not include or be a substitute
for:
(a) Any permit, agreement, or authorization required in connection with
operations on or in specific parts of the public roads or property, including by way
of example and not limitation, utility permits; or
(b) Any permits or agreements for occupying any property of the County
other than road rights -of -way or property of private entities to which access is not
specifically granted by the master road use permit including, without limitation,
permits and agreements for placing devices on or in poles, conduits, other
structures, or railroad easements, whether owned by the County or a private
•
"Normal maintenance" shall mean maintenance that is required to be
performed in the normal course of utility operations due to ordinary wear and
tear; provided that, normal maintenance shall not include work requiring the
disturbance of the soil or improvements in the road right-of-way, or work when a
traffic control plan would be required pursuant to the Federal Highway
Administration's Manual on Uniform Traffic Control as modified and adopted by
the Washington State Department of Transportation.
"Operator" means and refers to a person (a) who provides service over a
utility system or private line(s) and directly or through one or more affiliates owns
a significant interest in such utility system or private lines; or (b) who otherwise
controls or is responsible for, through any arrangement, the management and
operation of such a utility system or private line(s).
"Pavement" means the combination of sub -base, base course, and surfacing
placed on a subgrade to support the traffic load and distribute it to the subgrade.
"Person" means and includes any individual, corporation, partnership,
association, joint stock company, limited liability company, political subdivision,
public corporation, taxing districts, trust, or any other legal entity, but not the
County or any person under contract with the County.
"Pipe" means a structural tubular product designed, tested, and produced for
the transmittance of specific liquids and gases under specific conditions.
"Plowing" means direct burial of utility lines by means of a "plow" type
mechanism which breaks the ground, places the utility line at a predetermined
depth, and closes the break in the ground.
"Pressure" means internal gage pressure in a pipe in pounds per square inch,
gage (psig).
.�
"Private lines" means priva_e_y owned, operated, and maintained iti ity
facilities devoted excusively to the use of the owner or operator.
"Relocation" means planned change of location of an existing 4, tiity faciity
to a more advantageous place without char girr g the character or gene- a ysical
�
nature of tie u yi- i ty faci- o lityo
6G \ ejlacement99 means instal ation of a like e_Lemelit of a u iLity system or
subsystem or private line in e same or near=same physical ocation no -ma y due
to damage, wear, or obsolescence of the e3emento
66 esto ration" means al work necessary to repace, repair, or otherwise restore
the right-of-way and all features contained within to the same or equal condition
as before any change or construction thereto.
"Right-of-way" is a general term denoting public :and, p:operty, or interest
therein, usually in a strip, acquired for or devoted to transportation or secondary
purposes.
"Road" or "roadway" is a geaerial term denoting a street, road, o: other pub is
way, including shoulders, designated for the purpose of vehicular t- accic and
located within the geographical and jurisdictional limits of Mason Countyo
"Sleeve" means a short casing tit ougr a pier, wa, or abutment of a hi gyiway
sty -structure
"Traffic control" means those activities necessary to safeguard the general
public, as well as all -workers, during the construction and maintenance of utility
facilities within the right-of-way.
"Transfer" means any transaction in whic a all or a portion of the utility
system or private lines are sold or assigned (except a sale or assignment that
results in removal of a particular portion of the facility from the public rights -of -
way); or the rights and/or obligations held by the operator under the franchise or
master street use permit are transferred, sold, assigned, or leased, in whole or in
part, directly or indirectly, to another party. A transfer of control of an operator
shall not constitute a transfer as long as the same person continues to hold the
franchise or master street use permit both before and after the transfer of control.
"Trenched" means installation of a utility facility in an open excavation.
"Untrenched" means installation of a utility facility without breaking the
ground or pavement surface such as by jacking or boring.
"Utility Facility" means any part or all of the facilities and appurtenances of
an operator whether underground or overhead and located within the road right-
of-way including but not limited to, conduit, case, pipe, line, fiber, equipment,
equipment cabinets and shelters, generators, poles, carriers, drains, vents, guy
wires, encasements, sleeves, valves, wires, supports, and foundations
"Utility ?emit" means a document issued under the authority of the Mason
County hngincer (or Public Works Director) t=riay provides specific requirements
and conditions for specific utility facility instal:a:ion, repair, maintenance, or
reoctiorworx at specific locations within the right-of-way.
":Utility System" means utii ty facilities that Loge ii cr are used to provide
service 'yo the general piblico
"Vent" mean s appurtenance to discharge gaseous contaminants "rpm casings
or other er enclosures
2.24.035 FranchiiseiMaster Road Use Permlit/Prrfivate dine
Occupancy PerrmIt Required.
Franchise Required.
y o l�To person may occupy the road rig its -of -way without first slaving
obtained, in flu- force a: d effect, a valid franc .ise issued by the County Board of
Commissioners except as follows:
(a) Franchises will not toe required for private lines l:hat have a de
minimis impact uponthe road rigyit-o-f-way; provided that, the operator has and
maintains in fuI force and effect, a private line utiity occupancy permit. The
foowing are examp:_es of privates lines which would ordinarily have a de
minimis impact upon or use of the road right-of-way:
(i) Private line serving one single-famLy residence;
(ii) A private line utility system with a single road right-o f way
crossing of 250 feet or :_ess; and
(iii)A private line utility system with a sircgLe longitudinal use of
the road right-of-way of 500 feet or less.
fib) Franchises will not be required for any work on road rights -of -way
that is performed 3y or on behalf of the County or by any entity under contract
with tie County to perform such work.
Cc) Franchises will not be required for exempt operator utility facilities
as provided herein; provided that, the operator has and maintains in full force and
effect a master road use permit.
2. No franchise granted hereunder shad confer any excl a sive right, grant,
privilege, or franchise to occupy or use the rights -of -way for delivery of services
or any other purposes.
Master 11! oad Use Permit.
1. In lieu of a franchise, an exempt operator shall obtain and have in full
force and effect a valid master road use permit issued by the County Engineer.
The authorization granted shall be conditioned upon the operator's compliance
with the terms and conditions of Ch. 12.24 MCC and the master road use permit.
Every master road use permit shall include, or be read to include, as if stated
therein, a reservation of rights by the County to require the operator to obtain a
franchise as to those utility facilities or uses for which the exemption is
inapplicable or to which the exemption is otherwise determined by a court of law
not to be applicable. Further, the County does not, by issuance of a master road
use permit, waive its rights in the future to require the operator to obtain a
franchise. No master road use permit shall become effective until apiroved by
the County Engineer and accepted by the exempt operator.
2. g master road use permit does not convey tite, equitable or legal, in
the road rights -of -way nor is it an authorization to operate utility facilities located
within the road rights -of -way. 'l'he master road use permit is intended to
implement the right=of way rnanagemen-- policies of Ch. 12.24 MCC and to
protect the road rights -of --way through regulatioLrR s governing the construction,
installation, repair, maintenance, remova�, replacement, ad: ustmen t, and
reoca,ion of t r 1ty faci hies.
C o Private e Utility Mccupancy ermita In Lieu of a f:alnchi se, an operator
sing the road right-of-way fora private lire servirg a single$family residence
may apply for a private Line utility occupancy permit. IThc private line utility
occupancy permit is intended to implement the right-of-way management policies
of C . 12 24 MCC and to protect tTe road riglr:ts-of way through reg , a,tions
governing the construction, instaLLation, repair, maintenance, removal,
replacement, adjustment, and revocation of private line utility acidities.
D o Application. Every application for a new ranchise, master road use
permit, or private Line utility occupancy permit, or for an amendment to a
franchise, waste: road use De1mit, or private line utility occupancy permit, or for a
transfer of a franchise, master :toad use permit, or private Line y occupancy
permit, or for a renewal of a franchise or master road use permit shall be on forms
provided by the Mason County ingineer which application
minimum, contain and require the fo_lowing:
1 o Identity of Authorized Parties. The names and
authorized to act on behalf of the operator with respect to tl
those persons) who are authorized to receive all notices rega
pursua_ t to an application.
2 Non-refundable Application Fee. An initial noin�-re-
fee in the amount of!
forms sha
a
addresses of persons
�e application and
rd ing action taken
\indab1e application
O
e or new master road use permi
$200 for a new private line utility occupancy permit;
$ 3 00 for a renewal of a rai ichise or master :oad use permit;
$250 far an amendment of a franchise or master road use permit;
$100 fo: amendment of a private line utility occupancy permit;
$100 for a transfer of a franchise or master road use permit; and
$100 for a transfer of a private line utility occupancy permit.
The purpose of the non-refundable application fee is to reimburse the
County for the costs incurred to review and issue or deny a franchise, master road
use permit, or private line utility occupancy permit, or issue an amendment
thereto, or a renewal, or a transfer. In addition to the non-refundable application
fee, the applicant shall, as a condition of action being taken, reimburse the County
for the direct costs of third parties retained by the County when deemed by the
County Engineer to be reasonable and necessary to assist the County in reviewing
or responding to the application. The County shall, at the request of the applicant,
provide an itemized accounting for the services provided that become a cost of the
applicant as provided herein.
The County Engineer is hereby directed to review the application fees on a
biennial basis and make a recommendation to the oard for adjustment' of 2:he
application fees. tl?ie -3oard may adjust the application lees from time to :ime by
a duly adopted resolution.
3. Identity of Applicant. dentity of the operator, the persons who exercise
working control over the operator, and the persons who con:rot those persons to
o
t e ui�n:ate parent°
0
4. e Certificate rVerify4ng Status as Exempt Operator. 1 f appicabe, a
certification of the authorized officer of the operator stating that the operator is
exempt and the reasons therefore; provided that, if such -utility facilities will be
used to provide services other than f-iose q-,acifyin_g it as are exempt operator, the
applicant shall state what other services wL be provided and under what authority
tine applicant will be utilizing facilities located wit' in the pubic rights -of -way to
provide such services.
5. Location/Description/Purpose of Facilities. The location in '* e County
0 0 �� � o o � � 1 iris
a.� a !�p e� o J o o road,
o � �
in which the applicant proposes to ir,sta_1 uti�ity �raci�ities in tie load, rig its -of -
way, Including `ae approximate linear feet of overhead y faci lies, the
approximate linear feet of underground utility faciities; t .e type or utility
facilities to be ynstalied; and, the proposed use of ce utility : acuities and type of
services to be providede
6. Geri rcation Verifying Truth/Accuracye g certificate of an authorized
officer of the operator certifying the truth and accuracy of `lie information in the
application.
D e 'Y,el. me The term of the franchise and the master road use permit shau not
exceed ten (IL 0) years. 'he private line utility occupancy permit t shall be
revocab-e upon 30 days written notice to the operator witn or without cause.
No No Vested ights. the franchise, master road use permit, and private line
utility occupancy permi any vested right-to-have-any-utility-faciy
installed or to remain at a specific location in the road right -of way.
F. Applicability to a d Enforceability Against Operator. Even in the absence
of a franchise, master road use permit, or private line utility occupancy permit, all
requirements of this Chapter or any other applicable provision of the Mason
County Code or ordinance which have been promulgated under the County's
police or other regulatory powers shall apply and be enforceable against an
operator, except to "le extent, and only to that extent, the application and
enforcement of any such requirement is expressly prohibited by applicable laws.
Any operator who currently occupies road rights -of -way without having in
place a current and valid master road use permit, franchise, private line utility
occupancy permit, or other similar agreement with the County shall submit a
completed application for a franchise, master road use permit, or private line
utility occupancy permit as provided by this section within one hundred twenty
days of the effective date of this section. The 120 day time period may be
extended by the County Engineer for good cause shown by an operator upon
written application received by the County Engineer no less than 5 days prior to
the expiration of the 120 time period. The decision of the County Engineer shall
be final and non -appealable.
G. (Effect on Existing Franchises or 1 the- Agreements. Except as otherwise
provided in this Chapter, this section s la ^ have no effect on any existing
franchise or other agreement until:
` e The expiration of such franchise or agrecmen ; or
2. An amendment to an unexpired franchise or agreement, uness both
parties agree to defer fu<conriplian ce to a specific date i of later tthe present
expiratio: i date; or
3. Any transaction which results in a transfer.
12.24.040 Standards Adopted.
A. The current and any subsequent edition of the Standard Specifications for
Road, Bridge and Municipal Construction issued by the Washington State
Department of Transportation and the American Public Works Association
Washington State Chapter, is hereby adopted as the Mason County standard
specifications for road and bridge construction applicable to construction,
installation, repair, maintenance, removal, replacement, adjustment, and
relocation of utility facilities in the road rights -of -way which hereinafter shall be
referred to as "Standard Specifications."
B. The County Engineer is hereby authorized and directed to prepare, review,
update, and publish a Manual on Accommodating Utilities in the Mason County
Right -of -Way (the "Manual"); provided that, the manual shall be consistent with
Ch. 12.24 MCC, and applicable state and federal law, with the exception that, the
manual may include any road design standards which the County Engineer shall
deem necessary to provide adequate protection to the road, its safe operation,
appearance, and maintenance, which standards supercede the standard
specifications.
The County Engineer shall provide opportunity for public comment upon the
• • _ 7 • T T 7 •
•
ngmeer, the manua
and all subsequent amendments to and editions of the manual, together with this
Chapter 12.24 MCC, shall be and become the utility accommodation policy of the
Board. All work performed in the road rights -of -way for the construction,
installation, repair, maintenance, removal, replacement, adjustment, and
relocation of utility facilities shall conform to the utility accommodation policy.
The manual shall, at a minimum:
1. Address all public and private utilities and other transmission facilities
which are constructed, installed, repaired, maintained, removed, replaced,
adjusted, or relocated within the County road right-of-way pursuant to franchises,
permits, and/or exemptions from the permit process including but not limited to
electric power, telephone, television, telegraph, communication, water, gas, all
petroleum products, steam, chemicals, sewage, drainage, and irrigation;
2. Include general standards and requirements for the location, design,
and construction of each utility facility;
3. Incorporate a written permit process for all utility work not exempted
by the provisions of the utility policy, and specify exemptions from such permit
process, if any;
4. Include specific requirements for underground utilities which shall
include location and alignment, depth of burial and cover, encasement, marking,
appurtenances and related installation procedures;
5. Include specific requirements for above ground utilities which shall
include location, alignment, and vertical clearances; and
10
6. tnc_udc specific requirements for a^ utilities, which sha incude
aesthetic/scenic considerations, instalations on roadway bridges and siTIC nures,
site restoration and cleanup, traffic control and public safety, anal both normal and
emergency repairs.
C e The standards, guidelines and requirements set fort-- in the current model
tiity accommodation po, :cy as published by the County Road Administratior
Board is adopted as the GGi_4terim accomn-iodation policy" of Mason County
until such time as the manua` is adopted pursuant to MCC t 2.24.040(B). Upon
adoption, the manual shay replaced and supersede the "interim utility
accommodation policy." Ai work perfo amed in the road] rights -of -way for the
0 installation,
� o � o 0 0
construction, installation, replacement, relocation, adjustment, ustmert, and maintenance of
�itiiity facilities shall conform to the "interim utility accommodation policy."
D. The County Engineer is further authorized and directed to prepare, adopt,
publish, and amend from time to time, administrative regulations (hereinafter
referred to as the "administrative regulations") that implement, supplement, and
interp:et MCC Chapter 12.24; provided that, such administrative reguations ale
consis lent with CI. 12.24 MCC, and applicable state and federal law.
1��. T h the event of a conflict between Cho 12.04 MCC, the adrrunistrajve
regulations, or the manual and tree standard specifications, the Mason County
Code, the administrative regulations, and the manual sh►a1 take precedence. In the
-evert of^onflict De`ween the Mason County Code and he—administrativc
regulations or manual, he Mason County Code shall tame precedence. In the
event of a conflict between the manual and the administrative regulations, the
rnanua, sham take precedence.
12 24.O5O Genera_ Requirements.
The following general requirements shall be applicable to construction,
installation, repair, maintenance, remova- , replacement, adjustment, and
relocation of utility facilities in the road rights -of -way:
A. ,ocation.
1. Utility facility installations shall be located to minimize the need
for later adjustment to accommodate future roadway improvements and to permi
access to servicing such installations with minimum interference to roadway
traffic. The County shall bake available to operators a copy of its six -year
transportation improvement program (or capital facilities and transportation plan
where required), in order to minimize both utility customer and road user
inconvenience should future road improvements (on existing or new alignment)
require adjustment or relocating of tine utility facilities. Said operators shall,
within the limits of standrd business practice, make available appropriate short
and long range development plans to the County.
2. The operator shall have a duty to ensure than utility faciities within
the road right -or -way do not become or constitute an unacceptable roadside
obstacle and do not interfere with or create a Lr azard to County maintenance of
and along be road right-of-way. In such event, or ir the event that tie County
0 0 ^ � o o e � � a that A e + 0 1 0+ o o J_� o the
i_7 his or her sole discretion, determines a uL1 yi ty facility within in the
road right-of-way has become or constitutes an unacceptable roadside obstacle or
may interfere vvit_i or create a hazard to County maintenance of and a
right-of-way, the operator shall at its expense,
expense
a
Re
ocate the uti
ity faci
ong the road
i-he County may at operator's
ity to another p
a
ce within the sight -of -
way;
(b) Convert the will ty facility to a break -away design;
(e) Crash -protect the utiii ty facility;
facili÷y to another :°cation off the road
(d) I_I elocate the u
right-of-way; or
(e) in fine event that t
not readily visib
g, o�
� uti
- o o +� ity
o from
�e utility acility is screened t view (i0e.,
e from adirections by persons standing at
=), remove oar trim vegetation in and around the
utility facility.
3. tnstallations that are rccuired for a road purpose, such as street
lighting or traffic signals, are to be Iocatcd and designed in accordance with this
Chapter.
4. Where existing utiity facilities are in pace, new utiity facilities
shall be compatible with the existing installations and conform to this Chair to 2 s
nearly as practicable.
5. Every operator shall have a coy'itinuing duty to identify t_fie location
of exis-rlity facilities of the operator in the road right-of-way in a format
acceptable to the County Engineer. in the event that information regarding the
location of existing facilities in the road rights -of -way is not readily availa3le,
operator shall 'lave a continuing duty to use due diligence to prepare and provide
such information to the County Engineer in a form and time frame acceptable to
the County Engineer.
Bo Design o Generale
1. '_`he operator shall be responsible for the design of the utility
facility being proposed. This responsibility shall include, in addition to the
integrity of the proposed utility facility, provisions for public safety during the
course of construction, as well as consideration of traffic safety and accident
potential for the life of the installation.
2. For work requiring application to the County, the County may
review and approve the operator's plans with respect ',o
(a) Location;
(b) The manner in which the utility facility is to be installed;
(c) Measures to be taken to preserve safe and free flow of traffic;
(d) Structural integrity of the roadway, bridge, or other structure;
and
(e) I'r',ase of future road maintenance, and appearance of the
roadway.
3. P:ovision shall be made for known or planned expansion o f the
utility facilities, particuaarly those located underground or attached
to bridges or ot�Ter structures within the right-of-way.
4. Granting of a franchise, master road use permit, private line uti-ity
occupancy permit, or utility permit shall not imply or be construed to mean the
County shall be responsible for the design, construction, ins waiation, repair,
maintenance, removal, replaces ent, adjustment, relocation, or operation of the
utility facility or for pubic safety during the utility facility's construction,
0 1 ++. �° ° o J + + + 0 1 + o
insta_ya Lion, repair, maintenance, removal, replacement, adjustment, relocation, or
operayion ° The County' s grant of a franchise, master road use permit, private line
utiJ ity occupancy permit, or utili dy permit and approvals given therein are for the
sole purpose of protecting the County' s rights as the owner or _tanager of the roan
right -of way and shah not constitute any representation o_n warranty, express or
implied, as to the adequacy of the design, construction, installation, relocation,
repair, maintenance, removal, replacement, adF ustment, relocation, operation of
the utility facilities, or suitability of the road : igntmof way for construction,
maintenance, or repair of tie utility facilities. The County is under no obligation
or duty to supervise Lie design, construe :ion, installation, repair, maintena ce,
removal, replaceme_t, adjustment, relocation, or operation of the utiliyy facilities°
C. Standards and Codes. Al utility facilities shall be designed in
accordance with the standards, codes, and regu1 ations applicable to the type of
utility facilhy. The methods of construction, installation, repair, maintenance,
removal, replacement, adjustment, relocation, and materials used shall conform to
the -codes and standards -promulgated by -the -government -and by the -industry. This
shall also include any road design standards adopted by the County.
D. Adjustment and Relocation of Existing Utility Facilities.
1. Existing underground utility facilities on County road right -of ay
may be removed or relocated when road work funded by the County wou d
disturb the existing underground utility facilities. All such removal or relocation
shall be at the sole expense of the operator, and all work must be accomplished by
the same permitting process as for new utility facility installations.
2. Notwithstanding reinforcement or protection otherwise provided,
the operator and its contractors and subcontractors shall be responsible for the
security of all utility facilities within a road construction zone. Where there are
unusual utility hazards or where heavy construction equipment will be used, the
operator and its contractors and subcontractors shall provide adequate temporary
protection. In replacing the roadway, the design should give due consideration to
the protection of previously existing utility facilities in the roadway section
without sacrificing the geometries of roadway design.
112.24.060 Permits.
General Requirements. For aT I work in the road rightoof way to construct,
install, maintain, repair, removed, rep ace, adjust, or relocate utility facilities, a
utility permit will be required for each specific project and location, except for C )
aerial drops, and (2) norrnal maintenance.
Utility permit applications shall be submi`;ted in writing to the County
Fngineer on forms provided by that office. No work may be :Derformed within he
road rig It-o e-way to construct, install, maintain, repair, replace, ad ist, or relocate
utility facilities u_iti; afire receipt of tire returned, approved, u:_ti=ity permit, an
13
insurance certificate conforming to the requiremertts of this Chapter is obtained, a
performance bond -:s obtained when rewired by the County Engineer, and
oti-iication is made to the County Engineer indicating art en work wi�L
commence. in emergencies only, permission may be granted by the County
Engineer for commencement of work prior to receipt by the operator of the
approved permit; provided that, as soon as practical thereafter, the operator sha4�
apply for and obtain a utility permit. the provisions of this Chapter shal apply
on to utifacilities located above, on, or under the road right-of:way,
properties owned or contro_yed by the County, and properties that be
dedicated to the County for road rights -of way. No utility facility shalt be used
for other than the purpose stated in the utility permit, franchise, master road use
permit, or p:ivaye line utility occupancy permit, an1ess written approvais granted
by type County.
B. Specific Requirements. When recuired, utility permit app.ications shall be
submitted in a standard format as prescribed by the County. he d ity permit
application shall include the following information:
greemcnt to all pertinent provisions of iis Chapter and to such
special conditions as the County may deem appropriate;
2. Agreement to indemnify, defend, release, and hold harm ess the
County, its elected and appointed officers, and its agents, and employees froir and
against any and al claims, :&ma10r causes of action o ► whatsoever kind or
nature, and the resulting losses, costs, expenses, reasonale attorneys' fees,
liabiliJ�ies, damages, orders, judgments, or decrees sustained by the County or any
third party arising out of the presence of the utility facilities in the road rights-of
way, or by reason of, or resulting from the acts, errors, or omissio s of the
operator or operator's agents, independent contractors, or employees related to or
in any way arising out of the construction, installation, repair, maintenance,
removal, replacement, adjustment, relocation, or operation of utility facilities
within the County road right-of-way, or by reason of, or resulting from the acts,
errors, or omissions of third parties when arising out of the installation,
construction, adjustment, relocation, replacement, removal, maintenance, of such
third party utility facilities within the road rights -of -way when such work is
performed under authority of operator's utility permit or at the direction or under
the control of the operator;
3. Description of the utility facilities to be installed; and
4. Adequate exhibits depicting existing or proposed location of the
facility in relation to the road, including right-of-way or easement lines;
relationship to currently planned road revisio ems, if applicable; and all locations
and situations for which deviations in depth of cover (including the proposed
method of protection) or of 1 er rocationa_ standards are anticipated.
C. Utility Permit Fees. in order to offset the costs f administering the policy
for accommodation of utility facilities on County road rights=of way, inc:uding
the orderrecording and maintenance of records of i tilities, the applicant shad
pay the reasonable costs to the County for investigating, handing, and granting
the utility permit, including a basic overhead charge of $125 for a utility permit
appication and $3 5 for a one=time renewal for ore niontI with no change in
4
scope from the origina utility permit, together with ar additiona charge for all
costs and expenses, if any, actually incurred by the County in investigation of the
application; provided that, no charge wi . be made for appiications were the
applicant is the -United States or any of its agencies, or a utility anticipatirvg
relocation from its private easement acquired or to be acquired by tide County for
construction or reconstruction of a County road. The applicant siaa1 pay an
additional cost charge of twenty-five cents per foot for inspection and recording
of utility facilities based on the lineal footage of utility to be -installed.
The County Engineer is f Zereby directed to review the inspection an®1
recording fees on a biennia basis and make a recommendation to the Board for
adjustment of the application fees. The Board may adjust the inspection and
recording fees from time to time by a duly adopted resolution.
n equitable portion of the added costs of design and construction of highway
structures which may be required to accommodate utility facilities shall be
charged to any operator for any necessary relocation of its utility facilities and/o�A
to any operator making new installations.
D. Performance/Payment (Bond. Before any work commences in type road
ri ght=of way, the County Engineer may require the operator to provide a
performance and payment bond for each separate project in an amoun to be
determined by the County Engineer, but not Less than five hundred dollars, written
ceptable-to the County -Risk Manager tho, ized to do
business in the state of Washington. :he purpose of the bond is to insure
complketion of construction, including the restoration of surfacing, slopes, slope
treatment, top soil, landscape treatment, and drainage facilities, cleanup of rights=
of -way, and payment of costs incurred by the County to enforce the requirements
of this Chapter. The performance and payment bond shall be in place for a period
ending not more than one year after the date of compleJ.ion.
A project specific performance bond shall not be required for (1) an operator
that has in place a blanket performance bond and, when required, a payment bond
maintained by the operator pursuant to the requirements of the operator's
franchise or master road use permit guaranteeing performance of the obligations
of the operator as described therein, or (2) for an operator of private lines
operating under a private line utility occupancy permit; provided that, the work in
the road right-of-way is being performed by a licensed and bonded contractor.
A performance and payment bond for work in the road right-of-way will not
be required of the United States Government or any of its agencies or of any
municipal corporation or department of the state of Washington and its loca
subdivisioPso
E. J oiri Occupancy. to the event utility aciLhes of two or more operators
are to occupy a common trench, a basic utlity permit fee sncl inspection fee wi�l
be required fo: each such utility facility moneys shad be paid to
the County road fund and no part s h abe refunda.be
o Record Drawings. Upon completion of work in the road right=of way fofor
which a, utility permit is required, ired, the operator shad provide or cause to be
provided record drawings to the Cour cy Hngineer in a form acceptable to the
Cotaity h gineer, depicting at a mini -lair the location, alig
nment, and depths of
15
the utility facilities insta-edd or reiocatede Jae County
G
obai Positioning Sa-:elute (or equivaent) coordinates in
and encourages providing record drawings in an electronic fort'=
acceptable to the County hin gineere
Commencing the st day of January, 2009, a?
provided in an electronic form an cj ormat acceptable
inclusion on the County's OES database.
12.24:00 ?rotection of County and Feskdlentso
ndemnification Required. Every franchise, master road. ,,use permit, and
private utility line occupancy permit issued to an operato-A shall include an
adequate agreement from the operator to indemnify, defend, _release, and lo:d
harmless the County, its elected and appointed officers, and its agents, and
employees from and against any and all claims, demands, or causes of ac tiorrL of
whatsoeve: kind or nature, and the resulting losses, costs, expenses, reasonable
attorneys' fees, liabi=ities, damages, orders, judgments, or decrees sustained by the
County or any third party arising out of the presence of the utility facilities in the
road rights-o- way, or by reason of, or resulting from the acts, errors, or omissions
of the operator or operator' s agents, independent contractors, or empoyees related
to or m any way arising out of the construction, installation, repair, maintenance,
0 0 0 of A o o� /V a +� o �_`
:ep acement, adjustment, r� ocatiort, or operations uti_iLy facilities
within the County road right-o `-way.
Be nsurance.
1 e Except as provided at MCC i 2e2 ll o 100(B)(2) for private line utility
facilities, every operator shall have and maintain adequate insurance in a form and
with coverages and limits sufficient, in the judgment of the Mason County Risk
Manager, to protect the County.
The required insurance shall cover all liability of the operator arising out
of, or related to, the operator and its officers', directors', employees', contractors',
subcontractors', and agents' performance or nonperformance, under the franchise,
master road use permit, or utility permit, or arising out of the presence of the
operator's utility facilities in the road rights -of -way, or arising out of the
installation, construction, adjustment, relocation, replacement, removal,
maintenance, or operation of the operator's utility facilities in the road rights -a: -
way, or by reason of, or resulting from the acts, errors, or omissions of third
parties when arising out of the, installation, construction, adjustment, relocation,
replacement, removal, or maintenance of such third party utility facilities within
the road rights -of -way when such work is performed under authors ty of the
operator's utility permit or at the di:ection or under the controof the ope: ato:; a�`
such bia3ility includes, without imitation, any negligence of the operator and its
officers, directors, employees, contractors, subcontractors, and agents.
Policies shah be issued by companies authorized to do business Jnd.er he
laws of the state of Washington and with financial ratings acceptable to the
Mason County Risk Manager. The insurance shainclude blanket contractua�
covera ge, i tc_u ding coverage for written conacts ard specific coverage for the
Hngireer may accept
ieu ofrecorddrawings
and normat
record drawings sl�a
-r
be
to the County IKngineer for
ir
e
i
demnity provisions set -Forth in the franchise, master road use permit, private
c utility occupancy permit, and utility permits
'he County shall be named as an additiona- i
the genera
iabi
ity policy
is use, , wit o r
II
itatio
0I
2. An operator of pr:vate ne y tiy fac ° ivies meeting the ollowing
req- irements not be required to comply with the insurance -Aequirements of
MCC i2o2 .LV0(B)(/)o
(a) 'l'he utility facilities are permitted under a private ity line
occupancy permit;
(b) 'the work in the road right-of-way is performed by a licensed and
bonded contractor; and
(c) The contractor performing the work provides a certificate of
insurance to the Co i ty in a form and with coverages and limits
sufficient, in the judgrnent of the Mason County Risk tanager, to
protect the County.
Tree insurance required from the contractor shad cover aai liability of he
contractor, its sLbcorl tractors, and their agents' arising o -Lt of work performed in
1 e o J . o � a o� t o of
the public lic rights=o_�way, including, without Imita ioi�, any negligence the
contractor and its officers, directors, emp:oyees, contrac:ors, subcontractors, and
agents.
N A A71S'1t T
N
l
a1
s
�a
li e/`►4
�Ns
an a
n
• ♦ Y
ou
inVurec4q
ion, on
the general liability policy.
3. if the operator or contractor does not have the insurance required
pursuant `:o MCC ` 2.24.100(B)(1) and (2), the County may order the operator or
contractor to stop any activity in the road rights -of -way until the insurance is
obtained and approved.
C. Performance/Payment !: onds. Every operator shall be required to obtain
performance bonds and, if necessary, payment bonds, to ensure the faithful
performance of its responsibilities under any franchise or master road use permit.
The minimum amount of the performance/payment bond necessary to achieve
the purpose of the bond requirement for a franchise or master road use permit
shall be set by the County Engineer based upon such factors that relate to the risk
to the County and nonperformance by the operator. The performance and/or
payment bond shall be a minimum of $25,000. The amount of the performance
and/or payment bond may, from time to time, be increased or decreased to reflect
changes in risks to the County. The requirement for a performance and/or
payment bond may be waived for public entities or operators determined by the
County Engineer to be operators in good standing.
The performance and/or payment bond shall be in a fora acceptable to tie
County Engineer; be with a sure cy company authorized to do business in the s Yate
of Washington with financial ratings acceptable to the Mason Cot_nty
Manager; and, sha: provide that it cannot be revvoked during the term o
franchise or master road use permit and for :uvo years thereafter.
c
the
2o24. T i0 rraLtsferdaa_argc of Contra
A. No franchise or master road use permit may be transferred without.
a Prior written notice to tie County;
2. (Execution of an agreer ent witu the County unconditional y providi- g
that the transferee wig be bo-nd by al the conditions of the app4icab'e franchise
or master road use permit and wiassume a_1 the obigatiorrYs of its predecessor;
3. Resolving or preservi_�g to the satisfaction of the County any
rno o .tstanding copliance issues; and
40 Filing oar estab=ishing with the County the rns�iraice certificates,
security fund, and performance bond as required pursuant tthis Chapter°
e transfer sYA all not in any respect re_ieve the operator, or any of its
successors in interest, of any obyigation or Hs Di ity occurring prior to the transfer,
or of responsibility for acts or omissions occurring prior to the transfer, known or
urknown, or the consequences thereof, including t�be review of past performance
for purposes of determining whether the franchise or roaster road use permit
should be renewed.
12.24 y RemedliesNfiolat¶on/Pen llties0
A. evocation or 'ermination of Franchise/vaster Road Use Permit. A
franchise or master road use permit may be revoked upon notice and opportunity
to eure for any oowing-reasons
o Construction or operation at an unauthorized location;
20 Unauthorized transfer of the operator's franchise 0: master road use
permit;
3. Unauthorized sale, assignmc_it, or transfer of the operator's franchise
assets or an interest therein;
4. Misrepresentation by or on behalf of an operator in any application to
the County;
5. Abandonment of utility facilities in the road rights -of -way.
Abandonment of a utility facility shall be presumed when a utility facility has not
been used for a continuous period of twelve (12) months or the appearance and
condition of the utility facility together with the lack of maintenance or repair
would lead a reasonable person to believe that the utility facility has been
abandoned;
6. Failure to relocate, adjust, or remove facilities as required in this
Chapter;
7. Failure to pay taxes, compensation, fees, or costs when and as due to
she County;
8. Insolvency or bankruptcy of the operator;
90 Vioation of a material provision of this Chapter; and/or
tO. Vio3 ation of a material term of a franchise or maste road use permits
B. Revocation/ _'ermination of Private Utility Line Occupancy Permit. 1`he
County 'r',ngineer may terminate or revoke a private tine utility occupancy permit
at any time upon 30 days writen not:ce, with or without cause.
18
-�
C. Pena:ties Vio-_ation.
1. Misdemeanor. _any person violating any of the provisions of this
Chapter shall be deemed guU=Uy of a misdemeanor, and, upon eonvetior thereof,
shall be punished by a one not exceeding one thousand dolars or by
imprisonmcnt for not more than 90 days, or by bot1_ such fine and imprisonment.
'Each person, found guilty of a violation sha_: be deemed guilty of a separate
offense for every day during any portion of which any vio-ation of any provision
of this Chapter is committed, continued or permitted_ by such person, firm, or
corporation and shall be punishable therefor as provided for in Chapter.
2. Civil Infractions. The violation of any provision of this Chapter is
designated as a Class Y civil infraction pursuant to Chapter 7.80 RCW.
3. Notwithstanding the existence or use of any other remedy, the Coun y
may seek legal or equitable relief to enjoin any acts or practices and abate any
conditions which constitute or wiconstitute a vioation of Cho y 2.24 MCC.
Section 2. Severabi1i'dyo Shoud any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise se i_o
invalid for any reason, or should any portion of this ordinance nce be pre-empted by state or
fdera: law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this ordinance or its appication to other persons or circumstances.
ADOr' L.D BY
WASHING T ON AT
1\04 e nn b-cer , 2006.
Al ! R`,ST.
heo
Rebecca S. Rogers, Cleh of the Board
EN BOA
REGULAR
APPROVE,' AS TO FO
To..
artin
eputy Prosecuting Attorney
�Eiietd with the County Clerk:
Passed by he County Council:
Ordinance No.
Date of Publication:
OF CO\
V F-4,E. ING
T
SS ON
FRE°
S OF MASON
ON THE
COUNTY,
l
Y OF
l-RGARD OF COUNTY COS!iYISSIONERS
:VAS O : COUNTY, WASAIN G I ON
G/fr 4 4 .(ik 'r
nl a Ring Ericksob, Chair
fl l/Ylft_ei ain\A,�
Jayni L. /Kamin, Coi ssioner
v
r
Tim Sheldon, Commissioner