HomeMy WebLinkAbout01 0103 00
In the matter of
An Ordinance Adopting a New Chapter 13.56
of the Jefferson County Code, and Establishing
Accommodations of Utilities upon Jefferson
County Rights-of-Way.
STATE OF WASHINGTON
COUNTY OF JEFFERSON
ORDINANCE NO. 01-0103-00
x
x
x
x
x
WHEREAS, Jefferson County is required to adopt a policy to accommodate utilities on County Rights-
of-Way pursuant to Chapter 136-40 of the Washington Administrative Code; and
WHEREAS, it is necessary and proper that Jefferson County preserve the integrity of its roads and
Rights-of- Way for the benefit of the general public and provide for the orderly control and development of
installations thereupon by the various agencies, corporations, public utilities, and other persons enjoying
multiple use and occupancy of Jefferson County Rights-of-Way; and
WHEREAS, it is deemed equitable that those agencies, utilities and individuals who derive a lasting
benefit through the occupation of such Rights-of- Way should aid in maintaining the integrity and orderliness of
such Rights-of-Way; and
WHEREAS, it is necessary and proper that in the public interest Jefferson County establish minimum
standards for utility installations upon Jefferson County Rights-of-Way; and
WHEREAS, it now becomes necessary to repeal and replace Jefferson County Resolution No. 38-91
"Accommodation of Utilities on County Road Right of Way" and Jefferson County Ordinance No. 2-81 "Terms
and Conditions Applicable to Franchises Granted to Public and Private Utility Corporations and Individuals to
use Public Roadways and Other County Properties within the County"; and
WHEREAS, on March 29,1999 a Determination of Non significance was issued for the Accommodation
of Utilities on Jefferson County Rights-of-Way ordinance;
WHEREAS, on April 27, 1999, Jefferson County Board of Commissioners held a duly noticed public
hearing on the ordinance; and
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON
COUNTY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above-entitled Ordinance regarding Minimum Standards for Utility Installations upon
Jefferson County Rights-of-Way is hereby adopted and codified at Chapter 13.56 (new) within the Jefferson
County Code as set forth below:
ACCOMMODATION OF UTILITIES UPON JEFFERSON COUNTY RIGHTS-OF-WAY
CHAPTER 13.56
UTILITIES
Section 13.56.010
Section 13.56.020
Section 13.56.030
Section 13.56.040
Section 13.56.050
Section 13.56.060
Section 13.56.070
Section 13.56.080
Section 13.56.090
Section 13.56.100
Section 13.56.110
Section 13.56.120
Section 13.56.130
Section 13.56.140
Section 13 .56.150
Section 13.56.155
Section 13.56.160
Section 13.56.170
Section 13.56.180
Section 13.56.190
Section 13.56.200
Section 13.56.210
Section 13.56.220
Section 13.56.230
Section 13.56.240
Section 13.56.250
Section 13.56.260
Section 13.56.270
Section 13.56.280
Section 13.56.290
Section 13.56.300
Section 13.56.310
Section 13.56.320
Section 13.56.330
Section 13.56.340
Section 13.56.350
Section 13.56.360
Section 13.56.370
Section 13.56.380
Section 13.56.390
Section 13.56.400
Section 13.56.410
Section 13.56.420
Purpose
Accommodation of Utilities on Jefferson County Rights-of-Way
Definitions
Applications
Utility Permit Types
Revocation of Annual Utility Permit
Franchise
Determination by County
Agreement
Nonexclusive Grant
Use Granted
Term of Grant.
Franchise Territory
Utility Permits
Compensation to County
Amendment of Grants
Renewal Applications
Renewal Determinations
Obligation to Cure as a Condition of Renewal
Utility Permit Fee
Financial Security
Location
Design
Standards and Codes
Condition of Facilities
Interference with Rights-of-Way
Relocation or Removal of Utility Facilities
Coordination of Construction Activities
Engineer's Certification
Construction Schedule and Notice of Work
Compliance with Utility Permit
Display of Utility Permit
Noncomplying Work
Completion of Construction
As-Built Drawings
Underground Facilities
Overhead Facilities
Fiber Optic Systems
Vegetation Management
Aesthetic and Scenic Considerations
Installations on Roadway Bridges and Structures
Damage to Property
Damage to Utility Facilities
2
Section 13.56.430
Section 13.56.440
Section 13.56.450
Section 13.56.460
Section 13.56.470
Section 13.56.480
Section 13.56.490
Section 13.56.500
Section 13.56.510
Repair and Emergency Work
Restoration of Rights-of- W ay
Restoration of Improvements
Traffic Control
Eminent Domain
Indemnification
Violations - Penalties
Context
Severability
Section 13.56.010 Purpose. The purpose of this chapter is to establish a County policy to provide
administrative, procedural and technical guidance for the installation, replacement, adjustment, maintenance,
repair and relocation of all above and below ground utility facilities and other transmission or transport facilities
which are located within the County Rights-of-Way.
Section 13.56.020
Accommodation of Utilities on Jefferson County Riehts-of-Way.
The Board finds that it is in the public interest of Jefferson County to adopt regulations
(hereinafter policy) to preserve and protect County Rights-of-Way and provide for an orderly
process of installing utility facilities.
a.
This policy shall apply to all franchises and permits issued pursuant to RCW 80.32.010, RCW
80.36.040, Chapter 36.55 RCW, and the Jefferson County Telecommunications Ordinance,
Chapter 13.60 JCC, et. seq., to all public and private utilities, and to all installation, replacement,
adjustment, maintenance, repair and relocation of utility facilities within the County Rights-of-
Way, including but not limited to, electric power, telecommunications, telephone, cable
television, telegraph, water, gas, all petroleum products, steam, chemicals, sewage, drainage,
irrigation, and similar pipes, lines or cables. All contractors, companies and installers of fiber
optic cable shall obtain a permit from the County and receive approval prior to the installation of
any fiber optic or copper sheath cable within County Rights-of-Way. This policy 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 policy is intended to assist, but
not substitute for, competent work by both road and utility design and installation professionals.
This policy is not intended to limit any innovative or creative effort, which could result in better
quality, better cost savings or improved safety characteristics.
b.
c.
It shall be the responsibility of any utility provider installing or relocating any of its utility
facilities to ascertain and abide by the requirements and conditions of this policy.
d.
All the provisions, conditions, regulations, and requirements herein contained shall be binding
upon the successors, assigns, and independent contractors of the utility provider, and all rights
and privileges of the utility provider shall inure to its successors, assigns and such contractors
equally as if they were specifically mentioned herein wherever the utility provider is mentioned.
e.
A copy of any amendments to this policy shall be forwarded to the County Road Administration
Board within thirty (30) days of such adoption in accordance with WAC 136-40-050.
Section 13.56.030
Definitions. Unless otherwise stated, words and phrases used herein shall have
3
the following meanings:
a.
Appurtenance means equipment and/or accessories, which are a part of an operating utility
system or subsystem.
b.
Backfill means replacement of excavated material with suitable material compacted as specified.
c.
Bedding means placement of suitable material to provide structural support and protect a pipe,
conduit, casing or gallery.
d.
Board means the Jefferson County Board of County Commissioners.
e.
Boring means grade and alignment-controlled mechanical or other method of installing, such as
hole hogging, a pipe or casing under a road without disturbing the surrounding medium.
f.
Cable Operator shall have the same meaning as defined in the Federal Cable Acts.
g.
Carrier means pipe directly enclosing a transmitted fluid or gas.
h.
Casing means a larger pipe enclosing a carrier for the purpose of providing structural or other
protection to the carrier and/or to allow for carrier replacement without re-excavation, jacking or
boring.
1.
CDF means Controlled Density Fill that consists of a mixture of aggregate, water, and Portland
cement in the proportions approved by the County.
J.
Coating means protective material applied to the exterior or interior of a pipe or conduit to
prevent or reduce abrasion and/or corrosion damage.
k.
Conduit means an enclosed tubular runway for protecting wires or cables.
1.
County means the municipal corporation known as Jefferson County and/or the designated
employees, representatives or agents of Jefferson County, including, but not limited to, the
person who satisfies the definition of "Director" found in this definitional section.
m.
Cover means depth to top of pipe, conduit, casing or gallery below the grade of a road, shoulder
or ditch.
n.
Director means the Director, Jefferson County Department of Public Works or his/her designee.
o.
Drain means appurtenances to discharge accumulated liquids from casings or other enclosures.
p.
Emergency means any condition constituting a clear and present danger to life or property, or a
customer service outage.
q.
Encasement means a structural element surrounding a pipe or conduit for the purpose of
preventing future physical damage to the pipe or conduit.
4
r.
s.
t.
u.
v.
w.
x.
bb.
cc.
dd.
ee.
Engineer means the Jefferson County Engineer or designee.
Excavation means any operation in which earth, rock, or other material on or below the ground is
moved or otherwise displaced by any means, except the tilling of soilless than twelve (12)
inches in depth for agricultural purposes, or road and ditch maintenance that does not change the
original road grade or ditch flowline.
Fiber optics means any form of communications transmission by glass wire strands that uses
light to send data, video and sound.
Franchise means an occupancy and use document granted by the County for occupancy of
Rights-of-Way in accordance with Chapter 36.55 RCW and/or Chapter 80.32 RCW.
Gallery means an underpass for two or more utility lines.
Grantee means Utility providers, Telecommunications Carriers and Cable Operators granted
rights and bound by obligations as more fully described herein.
Gross non-compliance: The Director shall make a determination that a utility provider (as that
term is defined in this Ordinance) is in "gross non-compliance" when an act or omission of that
utility provider did create, has created or will create a health, welfare or safety hazard to the
citizens of the County or the act or omission of the utility provider did create, has created or will
create a roadway stability hazard.
y.
Jacking - see boring.
z.
License means any authorization to use Jefferson County Right of Way granted and designated in
writing by Jefferson County prior to the adoption of this Ordinance, a license granted under
Chapter 13.68 ofthe Jefferson County Code, or a license granted under any future ordinance or
amended Chapter of the Jefferson County Code.
aa.
Licensee: Any person, firm or business entity holding or subsequently obtaining a license as
that term is defined in this Ordinance.
Manhole means an opening in an underground utility system into which workers or others may
enter for the purpose of cleaning, testing, making installations, inspections, repairs and
connections.
MUTCD refers to the current edition of the Manual on Uniform Traffic Control Devices, as
adopted by the State Department of Transportation and published by the United States
Department of Transportation, Federal Highway Administration.
Overhead Facilities means Utility Facilities and Telecommunications Facilities located above the
surface of the ground, including the underground supports and foundations for such facilities.
Pavement means the combination of subbase, base course, and surfacing placed on a subgrade to
support the traffic load and distribute it to the subgrade.
5
ff.
gg.
hh.
11.
JJ.
kk.
ll.
mm.
nn.
00.
pp.
qq.
rr.
Permit means a document issued under the authority of the County Engineer or Director. The
permit provides specific requirements and conditions for specific utility work at specific
locations within the Rights-of-Way.
Permittee means a utility owner (or the utility owner's designated representative) who has a
utility facility within a County Rights-of-Way or who has been granted certain rights and
obligations as more fully described herein pursuant to a permit as that term is defined in this
Ordinance.
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, including but
not limited to wheel trenching, which breaks the ground, places the utility line at a predetermined
depth, and closes the break in the ground.
Pressure means internal gauge pressure in a pipe in pounds per square inch, gauge (psig).
Private lines means privately owned, operated and maintained utility facilities devoted
exclusively to the use of the owner.
Relocation means the changing of location of an existing utility facility or appurtenance to
another location without changing the character or general physical nature of the utility facility or
appurtenance.
Replacement means installation of a like element of a utility system or subsystem in the same or
near-same physical location to function in place of an existing element normally due to damage,
wear or obsolescence of the element.
Restoration means all work necessary to replace, repair or otherwise reestablish the Rights-of-
Way and all features contained within it to the same or equal condition as it existed prior to any
change or construction therein.
Rights-of- W ay includes the surface of and space above and below any real property in the
County in which the County has any interest whether in fee or otherwise, or interest as a trustee
for the public, as they now or hereafter exist, including, but not limited to, all public streets,
highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways or
any other public place, area or property under the control ofthe County.
Road or roadway means a general term denoting a street, road or other public way, including
shoulders, designated for the purpose of vehicular traffic.
Road Standards means the Jefferson County Road Standards, as are or may be codified in
Jefferson County Code, or as provided by Jefferson County through the Director of Public Works
or the County Engineer.
Service Connection means a single connection made to a utility facility for the purpose of
providing utility or telecommunication services.
6
ss.
tt.
uu.
vv.
ww.
xx.
IT.
ZZ.
aaa.
bbb.
ccc.
ddd.
eee.
Service Repair means a repair made to a service connection.
Sleeve means a short casing through a pier, wall or abutment of a highway structure.
Significant Tree means a healthy tree (i.e., a tree that does not have a high probability of falling
due to a debilitating disease or a structural defect) twenty-four (24) inches in diameter at breast
height (four and one-half feet above grade) located within the County Rights-of-Way or
overhanging the Rights-of-Way.
Standard Specifications means the Washington State Department of Transportation "Standard
Specifications for Road, Bridge, and Municipal Construction", current edition.
Telecommunications Carriers includes every Person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the County, used or to be used for the
purpose of offering Telecommunications Service.
Telecommunications Facilities means the plant, equipment and property including, but not
limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics, and other
appurtenances used to transmit, receive, distribute, provide or offer Telecommunications Service.
Telecommunications Service means the providing or offering for rent, sale or lease, or in
exchange for other value received, the transmittal of voice, data, image, graphic or video
programming information or service(s) between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed
transmission medium.
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 Rights-of-Way.
Trenched means installation of a utility in an open excavation.
Underground Facilities means Utility or Telecommunications Facilities located under the surface
of the ground and associated above ground appurtenances including but not limited to
communication pedestals, and pad mounted electrical transformers, alone or in combination, .
direct buried or in utility tunnels or conduits, excluding the underground foundations or supports
for Overhead Facilities.
Untrenched means installation of a utility without breaking the ground or pavement surface such
as by jacking or boring.
Utility Facility means privately, publicly, or cooperatively owned plant, equipment and property
including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and
equipment located under, on or above the surface of the ground within Rights-of-Way and used
or to be used for the purpose of providing Utility or Telecommunications Services.
Utility Provider shall be defined to include any and all Cable Operators, Grantees, Licensees,
Permitees and Telecommunications Carriers as those terms are defined in this Ordinance.
7
fff.
Vent means an appurtenance to discharge gaseous contaminants from casings or other
enclosures.
Section 13.56.040 Applications. Applications for annual and individual utility permits to construct,
maintain, repair, relocate, or remove utility facilities within the Rights-of-Way shall be submitted upon forms
provided by the County. Such applications may need to be supplemented with a State Environmental Policy Act
(SEP A) Checklist, Critical Areas Administrative Review (CAAR) Form, or shoreline permit, if applicable. The
Director shall determine when the application is complete. The applicant shall pay all associated fees and shall
include any additional information as requested by the Director. The application shall be accompanied by a
description of the utility facilities to be constructed, drawings, plans and specifications in sufficient detail to
demonstrate:
a.
That the utility facilities will be constructed in the Rights-of- Way in accordance with all
applicable codes, rules, and regulations.
b.
The location and route of all utility facilities to be installed on existing utility poles in the Rights-
of-Way.
c.
The location and route of all utility facilities in the Rights-of-Way to be located under the surface
of the ground, including line and grade proposed for the burial.
d.
To the extent such information is made accessible to the applicant, the approximate location of
all existing underground utilities, conduits, ducts, pipes, mains and installations which are within
the Rights-of-Way along the route proposed by the applicant as located through the One-Call
system (RCW 19.122).
e.
The construction methods to be employed for protection of existing structures, fixtures and
facilities within or adjacent to the Rights-of- Way.
f.
The location and dimension of all Significant Trees that would be impacted by the project (e.g.,
tree removal, topping, locating above ground and underground facilities within the drip line) and
a detailed description of the proposed impacts on such trees. Information on trimming of
Significant Trees shall be submitted in accordance with section 13.56.380 D.
g.
The location of all monuments within or adjacent to the proposed route that will be removed or
destroyed. [Note: Permits may be required by Chapter 332-120 WAC.]
Section 13.56.050 Utility Permit Types. As far as practicable all utility providers shall construct
new utility facilities underground. Above ground facilities or extension of overhead facilities following county
right of way shall be undertaken only with the approval of the Director. Provided, however, that said approval
shall not be unreasonable withheld. utility provider shall convert existing overhead facilities to underground
facilities as and when equipment replacement is undertaken, or when other existing overhead facilities are
placed underground, unless such replacement is unsafe, impracticable, or economically unreasonable as
determined by the Director. Line extension policies and procedures established by the utility provider
uniformly applied through its service area, shall be the standard in determining what is "practical, impractical or
economically unreasonable" under this ordinance;
All utility providers conducting work within County Rights-of-Way shall obtain a utility permit as follows,
8
unless otherwise exempted hereunder.
Type A Activities. Type A activities shall include installing less than five new utility poles or
replacing any utility poles, installing short side utility services more than two feet off the edge of
pavement, individual service connections with less than 200 feet of trenching, and removing 2 or
fewer panels of Portland Cement Concrete sidewalk. Utility providers conducting Type A
activities within County Rights-of-Way shall obtain an annual utility permit. Upon obtaining an
annual utility permit, all utility providers shall provide written notification before starting any
Type A activities and must provide written certification within ten (10) calendar days that the
work was done in conformance with this Chapter. The County shall do random inspections of
work conducted under an annual utility permit.
a.
b.
Type B Activities. Type B activities have a greater impact on the Rights-of-Way than Type A
activities. Type B activities shall include individual service connections with more than 200 feet
of trenching, all roadway crossings, installing underground vaults, constructing splice pits,
attaching to any bridge structure, installing main lines, and all other utility activities within
County Rights-of- Way. Utility providers conducting Type B activities within County Rights-of-
Way shall obtain an individual utility permit for each Type B activity.
c.
Exempted Activities. Utility providers conducting the following exempted activities within
County Rights-of-Way shall not be required to obtain an utility permit; however, utility providers
shall comply with all other provisions of this Chapter: stringing cables on utility poles and
associated maintenance thereof, accessing and maintenance of existing manholes, handholes,
pedestals, closures and vaults, and replacing above-ground meters, transformers, closures, and
pedestals, and performing emergency work.
Section 13.56.060 Revocation of Annual Utility Permit. Upon not less than three business day's
written notice by the Director to the offending utility provider, the Director may, after concluding that an act or
omission constituting gross non-compliance has occurred, revoke a utility provider's annual utility permit at any
time. If approved by the Director, the annual utility permit may be automatically revoked after three (3) written
notifications of non-compliance with this Chapter within any twelve (12) month period, said period to be
measured backwards from the date of the last of the three (3) written notifications. For example, if the third
written notification was dated February 1,2000, then the measuring period would go back 12 months to
February 1, 1999. The revocation shall remain in effect until such time as the utility provider addresses the
issues of non-compliance and corrective measures to the Director. The Director may reissue the annual utility
permit if corrective steps have been taken to insure future compliance. If a utility provider's annual utility
permit is revoked and prior to reinstatement, the utility provider shall obtain an individual utility permit for each
Type A activity conducted within County Rights-of-Way.
Section 13.56.070
a.
Franchise.
To the extent permitted by law, a franchise shall be required of any utility provider who currently
occupies or desires in the future to occupy Rights-of- Way and to provide utility services to any
person or area in the County. Utility provider shall pay all the fees and / or taxes as provided
herein and in the franchise agreement. However,
1.
Franchises will not be required for the construction and maintenance of utility facilities
serving one single-family residence where such facilities will cross the Rights-of-Way
9
2.
perpendicular to the Rights-of-Way line, plus or minus ten degrees. Persons who fall
under this franchise exemption shall enter into an indemnification agreement before a
utility permit will be issued.
Franchises will not be required for any work on County Rights-of-Way that is performed
by or on behalf of the County or by any entity under contract with the County to perform
such work.
b.
No franchise granted hereunder shall confer upon any utility provider any exclusive right,
privilege or franchise to occupy or use the Rights-of-Way for delivery of utility services or any
other purposes.
c.
Except as otherwise provided in this Chapter, this section shall have no effect on any existing
franchise or agreement until:
1.
The expiration of said franchise or agreement; or
2.
An amendment to an unexpired franchise or agreement, unless both parties agree to defer
full compliance to a specific date not later than the present expiration date; or
3.
Any transaction which results in transfer of ownership or working control of the
franchisee.
Notwithstanding the foregoing, the requirements of this section shall apply to any utility provider
who currently occupies Rights-of-Way without a license, franchise or other agreement with the
County. Any such utility provider shall apply for a franchise as provided by this section within
120 days of the effective date of this Chapter.
d.
If a utility provider is required to obtain a license, franchise, or cable television franchise under
the Jefferson County Telecommunications Ordinance, then this section shall not apply.
e.
Whenever any of the right of way designated in such franchise shall be eliminated from county
jurisdiction by reason of the incorporation or annexation to a city, then all the rights, privileges
and franchises so granted shall terminate in respect to the right of way so eliminated.
f.
If at any time Jefferson County shall vacate any county right of way which is subject to rights
granted by said franchise, then the Board of County Commissioners may, at its option, after
ninety (90) days written notice to the grantee, terminate the franchise and any use granted
thereunder. Further use of the property shall be the sole responsibility of the grantee. However,
the county may retain a utility easement on the roads being vacated at its sole discretion.
Section 13.56.080 Determination by County. Within 120 days after submittal of a complete
application herein, the Board shall make a determination granting or denying the application in whole or in part.
If the application is denied, the determination shall include the reasons for denial. The following criteria shall
apply when determining whether to grant or deny the application:
a.
The financial and technical ability of the applicant to fulfill its obligations under a franchise.
10
b.
The legal status of the applicant.
c.
The capacity of the Rights-of-Way to accommodate the applicant's facilities.
d.
The capacity of the Rights-of-Way to accommodate additional Utility and Telecommunications
Facilities if the application is granted.
e.
The damage or disruption, if any, to public or private facilities, improvements, services, travel or
landscaping if the application is granted, giving consideration to an applicant's willingness and
ability to mitigate and/or repair same.
f.
The public interest in minimizing the cost and disruption of construction within the Rights-of-
Way.
g.
The service that applicant will provide to the region.
h.
The effect, if any, on general public health, safety and welfare in the County's sole opinion if the
application is granted.
1.
The availability of alternate routes or locations for the proposed facilities.
J.
Applicable federal, State and local laws, regulations, rules and policies.
k.
Such other factors as may demonstrate that the grant to use the Rights-of-Way will serve the
community interest.
Section 13.56.090 A~reement. No franchise granted hereunder shall be effective until the applicant
and the Board have executed a written agreement setting forth the particular items and provisions under which
the franchise shall occupy and use the County's Rights-of-Way.. All franchises granted pursuant to this
Ordinance shall contain substantially similar terms which, taken as a whole and considering relevant
characteristics of applicants, do not provide more or less favorable terms and conditions than those required of
other utility providers.
Section 13.56.100 Nonexclusive Grant. No franchise granted hereunder shall confer upon any
utility provider any exclusive right, privilege or franchise to occupy or use the Rights-of-Way for delivery of
Utility facilities or any other purposes.
Section 13.56.110
Use Granted.
a.
No franchise granted hereunder shall convey to the utility provider any right, title or interest in
the Rights-of-Way but shall be deemed a franchise only to use and occupy the Rights-of-Way for
the limited purposes and term stated in the grant.
b.
No franchise granted hereunder shall authorize or excuse a utility provider from securing such
further easements, leases, permits or other approvals as may be required to lawfully occupy and
use Rights-of- Way.
11
c.
No franchise granted hereunder shall be construed as granting, providing or creating any
warranty of title.
Section 13.56.120 Term of Grant. Unless otherwise specified in a franchise agreement, a franchise
granted hereunder shall be valid for a term of not more than ten (10) years.
Section 13.56.130 Franchise Territory. A franchise granted hereunder shall be limited to the
specific geographic area of the County to be served by the franchisee, and the specific Rights-of-Way and
portions thereof, as may be identified in the franchise agreement.
Section 13.56.140 Utility Permits. All utility providers are required to obtain permits and pay all
fees for Utility Facilities as required by the County, provided, however, that nothing in this Ordinance shall
prohibit the County and a utility provider from agreeing to alternative plan review, permit and construction
procedures in a franchise agreement, and further provided that such alternative procedures provide substantially
equivalent safeguards for responsible construction practices.
Section 13.56.150 Compensation to County. Each franchise granted hereunder is subject to the
County's right, to the extent permitted by law, to fix a fair and reasonable compensation to be paid for use of
property, provided nothing in this Ordinance shall prohibit the County and a utility provider from agreeing
upon the amount of compensation. In the absence of such an agreement, compensation shall be in an amount
established by the Board.
Section 13.56.155
Amendment of Grant.
a.
A new franchise application and grant shall be required of any Utility Provider that desires to
extend its franchise territory or to locate its Facilities in Rights-of- Way which are not included in
a franchise previously granted hereunder.
b.
If ordered by the County to locate or relocate its Facilities in Rights-of-Way not included in a
previously granted franchise, the County shall grant the utility provider a franchise amendment
without further application.
c.
A franchise application and grant shall be required of any Utilities Provider that desires to add to
or modify the Utility Services provided pursuant to a franchise previously granted.
Section 13.56.160 Renewal Applications. A utility provider that desires to renew its franchise
hereunder shall, not more than 180 days nor less than 120 days before expiration of the current franchise, file an
application with the Director or Director's Designee for renewal of its franchise which shall include the
following information:
a.
The applicable information required pursuant to the franchise application.
b.
Any other information required by the County.
Section 13.56.170 Renewal Determinations. Within 120 days after receiving a complete
application hereunder, the Board shall make a determination on behalf of the County granting or denying the
12
renewal application in whole or in part. If the renewal application is denied, the determination shall include the
reasons for non-renewal. The criteria enumerated in Section 13.56.80 shall apply when determining whether to
grant or deny the application, and the Board may further consider the applicant's history of compliance with the
requirements of this Ordinance and the franchise agreement.
Section 13.56.180 Obli~ation to Cure as a Condition of Renewal. No franchise shall be renewed
until any ongoing violations or defaults in the franchisee's obligations under the franchise agreement, the
requirements of this Ordinance, and all applicable laws, statutes, codes, ordinances, rules and regulations have
been cured, or a plan detailing the corrective action to be taken by the utility provider has been approved by the
Administrator. Failure to comply with the terms of an approved plan shall be grounds for non-renewal or
immediate revocation of the franchise.
Section 13.56.190 Utility Permit Fee. Prior to the County's issuance of an annual or individual
utility permit, the applicant shall pay a utility permit fee to recover the County's actual attributable costs and
expenses. The amount of the utility permit fee is dependent upon the type of activity being conducted within
the County Rights-of-Way as defined in section 13.56.050. For all Type A activities, the annual utility permit
fee shall be 20% of the individual utility permit fee for each Type A activity conducted within the Rights-of-
Way. The annual utility permit fee shall be paid to the County no later than the tenth day of each month
following the preceding month's activities. For all Type B activities, the individual utility permit fee shall be
established pursuant to the schedule of fees adopted by the Board.
Section 13.56.200
Financial Security.
a.
Before any construction work is started, financial security in the form of a bond, irrevocable
letter of credit or irrevocable assignment of interest in a bank account in an amount determined
by the Director may be required for a period ending not more than one year after date of
completion to insure completion of construction. Completion of construction includes the
restoration of surfacing, slopes, slope treatment, topsoil, landscape treatment, drainage facilities
and cleanup of the Rights-of-Way. If a surety bond is used as financial security, it shall be
written by a surety company authorized to do business in the State of Washington.
b.
A blanket financial security or proof of adequate self-insurance may be maintained covering
multiple permits in lieu of individual financial security at the Director's discretion.
c.
Financial security will not be required of the United States Government or any of its agencies or
of any municipal corporation or department ofthe State of Washington and its local subdivisions.
d.
The financial security shall guarantee, to the satisfaction of the County:
1.
Timely completion of construction;
2.
Construction in compliance with applicable plans, permits, technical codes and standards;
3.
Proper location of the utility facilities as specified by the County; and
4.
Restoration of the Rights-of-Way and other property affected by the construction.
13
Section 13.56.210 Location. It shall be the responsibility of each utility provider to participate in
the "One-Call system (RCW 19.122)" by subscribing to the Utilities Underground Location Center's or a
similar service.
a. Utility installations shall be located to minimize need for later adjustment to accommodate future
roadway improvements and to permit access to servicing such installations with minimum
interference to roadway traffic. The County shall make available to utility provider 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 the utility
facilities. Utility installations shall also be located to minimize impacts to critical areas, as
defined in Jefferson County's Critical Areas Ordinance, Chapter 17.15 Jefferson County Code.
b.
The utility company shall be responsible to consider a minimum clear zone distance in all new
construction, reconstruction or relocation of all overhead facilities and their appurtenances and
underground facilities. Clear zone shall be defined as the roadside area at the edge of the
traveled lane that is available for safe use by errant vehicles. The available clear zone is the
distance, measured in feet, normal to the roadway beginning at the edge of the traveled lane to
the closest part of any fixed object or nontraversable obstacles as defined in the WSDOT Design
Manual (M 22-01) and the 1990 AASHTO "A Policy on Geometric Design of Highways and
Streets" (Green Book).
c.
Survey control monuments, including existing monuments that are disturbed, destroyed or
removed during construction shall be placed or replaced by a registered surveyor, at the expense
of the utility provider, in accordance with recognized good practice of land surveying, and in
conformance with all applicable state law and state and local regulations.
Section 13.56.220
Desien.
a.
The utility provider 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 and consideration of traffic safety
and accident potential for the life of the installation.
b.
The County may review and approve the utility provider plans of the utility provider with respect
to:
1.
Location;
2.
The manner in which the utility facility is to be installed;
3.
Measures to be taken to preserve safe and free flow of traffic;
4.
Structural integrity of the roadway, bridge or other structure;
5.
Ease of future road maintenance; and
6.
Appearance of the roadway.
14
c.
The utility provider shall notify the Director of known or planned expansion of the utility
facilities within the Rights-of-Way, particularly those facilities located underground or attached
to bridges or other structures within the Rights-of-Way.
d.
The County's granting of a franchise or permit shall not imply or be construed to mean the
County shall be responsible for the design, construction, or operation of the facility or for public
safety during the life of the facility.
Section 13.56.230 Standards and Codes. All utility installations shall be designed in accordance
with the standards, codes, and regulations applicable to the type of utility. Such standards shall also include any
Road Standards the County deems necessary to adequately protect the road, its safe operation, appearance and
maintenance. The utility provider shall further comply with any applicable provisions of Title 17 Jefferson
County Code, governing subdivisions.
Section 13.56.240 Condition of Facilities. All utility facilities shall be kept in a state of good
repair. If any utility facility is not in such condition, the utility provider shall undertake such work necessary to
return the utility facility to a state of good repair.
Section 13.56.250 Interference with Riehts-of-Way. No utility facility may be located or
maintained so as to unreasonably interfere with the use of the Rights-of-Way by the County, by the general
public or other persons authorized to use or be present in or upon the Rights-of-Way.
Section 13.56.260
Relocation or Removal of Utility Facilities.
a.
Within ninety (90) days following written notice from the County and receipt of final design
from the County, or within a reasonable time frame established by the Director, the utility
provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter
the position of any utility facilities within the Rights-of-Way whenever the Director shall have
determined that such removal, relocation, change or alteration is reasonably necessary for:
1.
The construction, repair, maintenance or installation of any County, State, Federal and/or
City funded project.
The operations of the County or other governmental entity in or upon the Rights-of-Way.
2.
The Director may extend the ninety (90) day time period or the initial time frame established for
good cause.
b.
All work must be accomplished through the same permitting process as for new installations in
order to insure that said new installations are in compliance with County regulations and
standards. However, pursuant to this section, permit fees shall be waived by the County.
c.
In response to any public health or safety emergency, the County may also remove or relocate
any utility facilities located within the Rights-of-Way that the County determines to be
necessary, appropriate or useful. All such removal or relocation shall be at the sole expense of
the utility provider.
15
d.
A utility provider shall be responsible for the security of each existing pipeline and utility
facility within a road construction zone. Where there are unusual utility hazards or where heavy
construction equipment will be used, the utility provider shall provide adequate temporary
protection for these facilities.
e.
If a utility provider is required to relocate or remove its utility facilities from the Rights-of-Way
and fails to do so within the designated time set out by the Director, the County may cause such
to occur and charge the utility provider for the costs incurred.
f.
Nothing in this section shall require the utility provider to bear any costs or expense in
connection with the location or relocation of any Facilities existing under benefit of private
easement or such other prior private rights.
g.
The County reserves for itself the right at anytime, upon 48 hours written notice to the utility
provider, to so change, amend, modify, or amplify any provision or conditions herein
enumerated to conform to any state or county regulation relating to the public health, safety or
highway regulation as many be enacted, amended; adopted, changed, etc. A permit may be
terminated upon thirty (30) days written notice to utility provider if facilities are not operated or
maintained in accordance with permit provisions.
Section 13.56.270 Coordination of Construction Activities. All utility provider s are required to
cooperate with the County and with each other as follows:
a.
By January 1 of each year or upon annual budget approval, each utility provider shall provide
the Director with a schedule of its known proposed construction activities which may affect the
Rights-of-Way for that year.
b.
Each utility provider shall meet with the County, other utility owners and users of the Rights-of-
Way annually or as determined by the County to schedule and coordinate construction.
c.
All construction locations, activities and schedules shall be coordinated, as ordered by the
Director, to minimize public inconvenience, disruption or damages.
d.
The county shall provide notice to the utility provider s by contacting the Utilities Underground
Location Center twenty-four (24) before beginning any project.. It shall be the responsibility of
each utility provider to participate in the "One-Call system (RCW 19.122)" program by
subscribing to the Utilities Underground Location Center's or a similar service.
e.
To insure coordination of construction activities, the Director may require the utility provider to
field verify the location of their utility facilities within the County Rights-of-Way for both depth
and alignment within two (2) weeks of notice. .
Section 13.56.280 En~ineer's Certification. Unless otherwise provided in a license, franchise, or
cable franchise, or by industry standards, the Director may require utility permit applications, plans, reports,
basin maps and calculations to be accompanied by a written certification, sealed and dated by a registered
professional engineer in the State of Washington that the drawings, plans and specifications submitted with the
application comply with applicable technical codes, rules and regulations. If required, the written certification
shall read:
16
"The design improvements shown in this set of plans, reports, basin map, and calculations conform to
the current Jefferson County Road Standards, the current drainage design and erosion control standards
for Jefferson County, the Accommodation of Utilities on Jefferson County Rights-of-Way Ordinance
and the Jefferson County Telecommunications Ordinance. All design variances have been approved by
the Jefferson County Engineer. I approve these plans for construction."
Section 13.56.290 Construction Schedule and Notice of Work. Except for routine service repairs
and individual service connections, unless otherwise provided in a license, franchise, or cable franchise, no
utility provider or any person acting on the utility provider 's behalf shall commence any relocation or removal
work or any other non-emergency work involving undergrounding, excavation or obstructing in or about the
Rights-of-Way without seven (7) working days advance notice to the Director. The utility provider shall also
provide abutting private property owners or occupants seven (7) working days advance notice of the specific
location of work, the time work is scheduled to commence, and contact name and telephone number of utility
provider.
Section 13.56.300 Compliance with Utility Permit. All construction practices and activities shall
be in accordance with the utility permit and County approved final plans and specifications for the utility
facilities. The Director shall be provided access to the work and such further information as he or she may
require to ensure compliance with such requirements.
Section 13.56.310 Display of Utility Permit. The utility provider shall maintain a copy of the
utility permit and approved plans at the construction site, which shall be displayed and made available for
inspection by the Director at all times when construction work is occurring.
Section 13.56.320 Noncomplyine Work. Upon order of the Director, all work which does not
comply with the utility permit, the approved plans or specifications for the work or the requirements of this
Chapter shall be removed or relocated at the expense of the utility provider.
Section 13.56.330 Completion of Construction. The utility provider shall promptly complete all
construction activities so as to minimize disruption of the Rights-of-Way and other public and private property.
All construction work authorized by a utility permit within Rights-of-Way, including restoration, must be
completed within ninety (90) days of the date of issuance or at such other interval as the County may specify in
writing upon issuance of the permit. The Director may extend the ninety (90) day time period for good cause.
Section 13.56.340 As-Built Drawines. If an Engineer's Certification is required under section
13.56.280, then in addition to the requirements of section 13.56.440, within thirty (30) days after completion of
construction, the utility provider shall furnish the Director with two (2) complete sets of plans, drawn to scale
and certified to the County as accurately depicting the location of all utility facilities constructed pursuant to the
utility permit, except individual service connections and service repairs.
Section 13.56.350
Undereround Facilities.
a.
Location and Alignment.
1.
For all crossings, the angle of crossing should be as near a right angle to the road
centerline as practicable. However, lesser angles may be permitted based upon economic
17
b.
c.
considerations of practical alternatives.
2.
Where practicable, crossings should avoid deep cuts, footings of bridges and retaining
walls, or locations where roadway drainage would be affected.
3.
Longitudinal installations should run parallel to the roadway and lie as near as practicable
to the Rights-of-Way line. Installations which cannot be so installed will be allowed
within the Rights-of-Way, provided that the installation will not adversely affect the
design, construction, stability, structural integrity, traffic safety, or operation ofthe road
facility.
4.
Where irregularly shaped portions of the Rights-of-Way extend beyond the normal
Rights-of-Way limits, a uniform alignment of utility facilities shall be allowed.
5.
Where existing utility facilities are in place, new utility facilities shall be compatible with
the existing installations and conform to this Chapter as nearly as practicable.
6.
Any water or sewer line other than a main line shall not be placed parallel to a County
Road within the County Rights-of-Way.
Cover. The grade of and resulting cover for an underground utility shall be a minimum of thirty
(30) vertical inches below the finished surface or the bottom of the ditch for all installations
within County Rights-of-Way, or in compliance with applicable federal, state and industry
requirements; provided, however, where less than the minimum cover is made necessary to avoid
obstacles, the utility facilities shall either be rerouted or protected with a casing, concrete slab or
other method acceptable to the County.
Encasement.
1.
Casings shall be installed for roadway crossings where required by appropriate industry
code.
2.
Casings may be required for the following conditions:
a)
As an expediency in the insertion, removal, replacement or maintenance of a
carrier line crossing or other locations where it is necessary in order to avoid open
trench construction;
b)
As protection for carrier lines from external loads or shock either during or after
construction of a road;
c)
For jacked or bored installations of coated carrier lines unless assurance is
provided to the County that there will be no damage to the protective coating.
3.
Within the Rights-of-Way, where practicable, casing pipes shall extend beyond the toe of
fill slopes, back of roadway ditch, or outside of curb.
4.
Other than for necessary carriers, vents and/or drains, casing pipes shall be sealed at both
18
d.
e.
f.
ends.
5.
Casing pipes shall be designed to support the load of the road and superimposed loads
thereon and, as a minimum, shall equal the structural requirements for road drainage
facilities. Casings shall be composed of materials of sufficient durability to withstand
conditions to which they may normally be exposed.
Uncased Carriers.
1.
The carrier pipe shall conform to the material and design requirements of the appropriate
utility industry and governmental codes and specifications.
2.
The carrier pipe shall be designed to support the load of the road, plus superimposed
loads thereon, when the pipe is operated under all ranges of pressure from maximum
internal to zero pressure.
Appurtenances.
1.
Vents shall be required for casings, tunnels and galleries enclosing carriers of fuel where
required by federal safety standards. Vent standpipes should be located and constructed
so as neither to interfere with maintenance of the road nor to be concealed by vegetation.
Preferably standpipes should stand by a fence or on the Rights-of-Way line.
2.
Drains shall be required for casings, tunnels or galleries enclosing carriers of liquid,
liquefied gas or heavy gas. Drains for carriers of hazardous materials shall be directed to
natural or artificial holding areas to prevent the potential for surface or groundwater
contamination. Drains for which only water or other nonhazardous liquids may discharge
may be directed into the roadway ditch or natural water course at locations approved by
the County. The drain outfall shall not be used as a wasteway for routine purging ofthe
carrier unless specifically authorized by the County.
3.
Location markers and emergency information should be used when required by
applicable state and federal standards.
4.
Manholes should be designed and located in a manner that will cause the least
interference to other utilities or future road expansion. Where practicable, installations in
the pavement or shoulders should be avoided.
Installation. Installations shall ensure safety of traffic and preservation of the roadway structure,
and required construction shall, unless otherwise provided in the approved permit, be in
accordance with the following controls:
1.
Untrenched construction shall be required when practicable for pipelines crossing roads
paved with asphalt concrete or cement concrete and for roads paved with bituminous
surface treatment unless otherwise directed by the County.
a)
If sufficient Rights-of-Way exists, the length of untrenched construction shall
extend a minimum of four feet from edge of pavement, except that a lesser
19
2.
3.
b)
standard may be permitted by the County Engineer when conditions warrant.
Over breaks, unused holes, or abandoned casings shall be backfilled as directed by
the County Engineer.
c)
Water boring under roadways shall not be permitted.
d)
Existing carriers and conduit installed under a roadway shall be physically located
prior to pipeline installation.
Trenched Construction and Backfill
a)
Where the pavement must be removed, it shall first be cut in vertical (or undercut)
continuous straight lines.
b)
Trenches shall be cut to have vertical faces, where soil and depth conditions
permit, with a maximum width of outside diameter of pipe plus two feet. Shoring
shall comply with the Washington State Department of Labor and Industries
Safety Code.
c)
The pipe or carrier shall be installed and the trench backfilled in a manner
assuring no deformation of the pipe likely to cause leakage and restoration of the
structural integrity of the roadway structure. Specific trench backfill requirements
regarding materials and methods shall be provided by the County.
d)
When trenching is approved on paved roads, the pavement shall be restored as
required by the County.
Plowing of communication and electrical lines on or adjacent to existing roads by means
of a vibratory plow may be allowed by the County, provided that the structural integrity
of the roadway is not impaired.
One Call System. Utility installations shall be located and identified in accordance with Title 19
RCW, (Washington State One Call System),or similar service as enacted or in the future is
amended from time to time.
g.
Section 13.56.360
Overhead Facilities.
a.
Power and Communication Lines
1.
Single-pole construction and joint use of the pole is desirable and should be used
whenever feasible.
2.
The minimum vertical clearance for overhead power and communication lines above the
ground and the minimum lateral and vertical clearance from bridges shall be in
compliance with the National Electrical Safety Code and Washington State Department
of Labor and Industries Electrical Construction Code.
20
3.
Where irregularly shaped portions of the Rights-of-Way extend beyond the normal
Rights-of-Way limits, a uniform alignment of utility facilities may be allowed.
Section 13.56.370
Fiber Optic Systems.
a.
Depth. All fiber optic systems shall be installed at a depth of thirty (30) vertical inches below the
finished road surface or the bottom of a ditch line for all installations within County Rights-of-
Way, or in compliance with applicable federal, state, and industry requirements.
b.
Location Marking. All fiber optic cable installers shall mark the installation of the system with
marking tape or locating wire. When marking tape is placed, it shall be used at twelve (12) to
eighteen (18) inch depth. Where nonmetallic fiber cable is used, a locator wire shall be used and
must be at same depth as fiber optic cable.
Section 13.56.380
V e~etation Manaeement.
a.
Utilities engaged in vegetation management on County Rights-of-Way shall initially submit an
Integrated Vegetation Management (IVM) Plan to the County for approval. This plan shall
emphasize physical, mechanical, cultural and biological control methods to promote stable plant
communities. The IVM Plan shall include:
1.
Goals and objectives ofthe vegetation management program.
2.
Operational guidelines and standards for vegetation management activities. These
guidelines as a minimum shall include the decision making criteria, the application
method, and the rates of application used when applying a herbicide.
3.
A list of herbicides the utility intends to use.
4.
Specific areas in the County where the proposed herbicides will be used.
b.
The County may limit or restrict the types, amounts, application methods, location and timing of
pesticide applications if it has been determined that the proposed application will have a
detrimental effect on ground and/or surface water, other sensitive areas, and/or the public health.
However, the limitations or restrictions will not be in conflict with state law governing utility
Rights-of-Way maintenance.
c.
The Utilities IVM Plan shall be consistent with the Jefferson County Critical Areas Ordinance
and any future groundwater and wellhead protection ordinances. After the County approves the
initial IVM Plan, revisions shall be submitted and approved annually.
d.
Utilities engaged in tree trimming along County Rights-of-Way shall submit the conditions under
which they will be trimming (excluding topping) any Significant Tree, including the magnitude
and nature of the trimming, by tree species. This information shall be submitted along with the
IVM Plan and will be reviewed and approved by the County concurrently.
Section 13.56.390
Aesthetic and Scenic Considerations.
21
a.
Significant Trees shall not be impacted (e.g., tree removal, topping, locating above ground and
underground facilities within the drip line) without prior approval by the Director, except during
emergency situations as described in Section 13.56.430.
b.
It is preferable to retain all other healthy trees that do not pose a danger or hazard to the extent
possible. For those trees proposed to remain, sound pruning practices shall be used that take into
consideration safety first, arboricultural correct methods and natural appearance.
c.
All other landscaping and grounds removed, damaged or disturbed as a result of the construction,
installation, maintenance, operation, repair, relocation or replacement of utility facilities shall be
replaced or restored to as near the original condition as reasonably possible.
Section 13.56.400 Installations on Roadway Bridees and Structures. Attachment of utility
facilities to a roadway structure (including bridges) may be allowed as approved by the Engineer where such
attachment conforms to sound engineering considerations for preserving the roadway structure and its safe
operation, maintenance and appearance. The attachment shall be in accordance with the following:
a.
Attachment of a utility facility shall not be considered unless the structure in question is of a
design that is adequate to support the additional load and can accommodate the utility facility
without compromise of roadway features, including reasonable ease of maintenance.
b.
Manholes and other utility access panels should be avoided within the roadway portion of the
structure.
c.
Attachment on a structure of a pipeline carrying a hazardous transmittant, not including natural
gas, shall be avoided.
d.
The utility facility attachment shall not reduce the clearance of a structure where such clearance
is critical. Attachment to the outside of a structure should be avoided where there are reasonable
alternatives.
e.
Utility facility mountings shall be of a type which shall not create noise resulting from vibration.
f.
The hole created in a structure abutment shall be sleeved, shall be of the minimum size necessary
to accommodate the utility facility, and shall be sealed to prevent any leakage of water or backfill
material.
g.
The utility facility back of the abutment shall curve or angle out to align outside the roadbed area
in as short a distance as is operationally practicable.
h.
Communication and electrical power line attachments shall be suitably insulated, grounded and
preferably carried in protective conduit or pipe from point of exit from the ground to reentry.
Carrier pipe and casing pipe shall be properly isolated from electric power line attachments.
Section 13.56.410 Damaee to Property. No utility provider or any person acting on a utility
provider's behalf shall take any action or permit any action to be done which may impair or damage any
22
Rights-of-Way, or other property located in, on or adjacent thereto except in accordance with section 13.56.440
ofthis Ordinance, Restoration of Rights-of- Way.
Section 13.56.420 Damaee to Utility Facilities. To the extent permitted by Washington law, the
County shall not be liable for any damage to or loss of any utility facility within the Rights-of-Way as a result of
or in connection with any emergency removal or relocation, public works, public improvements, construction,
excavation, grading, filling, or work of any kind in the Rights-of-Way by or on behalf of the County or any
entity under contract with the County except for damage caused by the negligence ofthe County.
Section 13.56.430 Repair and Emer~ency Work. In the event of an unexpected repair or
emergency (including but not limited to storm conditions or other conditions where public safety is of
paramount consideration), a utility provider may commence such repair and emergency response work as
required under the circumstances, provided the utility provider shall notify the Director in writing preferably
before such repair or emergency work or within 24 hours if advance notice is not practicable.
When the County Engineer determines that an emergency situation does exist, he or she may order and have
done any and all work considered necessary to restore to a safe condition any county right of way left by the
utility provider or agents in a condition dangerous to life or property. The utility provider shall pay to the
county all costs of such construction or repair.
Section 13.56.440
Restoration of Riehts-of- Way. Restoration shall comply with the following:
a.
When a utility provider, or any Person acting on its behalf, does any work in or affecting any
Rights-of-Way, it shall, at its own expense, promptly remove any obstructions therefrom and
restore such ways or property to the condition required by applicable County road standards. As
used in this section, "promptly" shall mean as required by the Director in the reasonable exercise
of the Director's discretion.
b.
If weather or other conditions do not permit the complete restoration required hereunder, the
utility provider shall temporarily restore the affected ways or property. Such temporary
restoration shall be at the utility provider's sole expense, and the utility provider shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
c.
A utility provider or other person acting on its behalf shall use suitable barricades, flags,
flaggers, lights, flares and other measures as required for the safety of all members of the general
public and to prevent injury or damage to any person, vehicle or property by reason of such work
in or affecting such Rights-of-Way.
d.
All restoration work conducted under this section shall be subject to final inspection and
approval by the Director.
Section 13.56.450 Restoration of Improvements. Upon completion of any construction work, but
in no event longer than such time as may be established by the County during permit review, the utility provider
shall promptly repair any and all public and private property, improvements, landscaping, fixtures, structures
and facilities which are damaged during the course of construction, restoring the same to as near the original
condition before construction commenced.
23
..
a.
All roadway crossings shall be done by means of boring or pushing (untrenched installation).
Opening of the roadway surface shall not be permitted unless it has been determined by the
Director that boring or pushing cannot be done.
b.
When a trenched crossing is approved, restoration shall be in accordance with one of the
following guidelines:
1.
Controlled density fill (CDF) shall be required as a backfill material; or
2.
Select backfill, meeting the requirements of the Standard Specifications may be used.
Backfill shall be compacted to at least ninety-five percent (95%) density and placed in a
maximum of twelve inch (12") lifts, as specified in the Standard Specifications. Written
verification of compaction, based upon acceptable testing methods and placement of the
backfill shall be required.
c.
Native material may be used as backfill material when standard acceptable tests show the
material meets the requirements for backfill material as specified in the Standard Specifications.
The requirements for compaction and placement in item B. above also apply when native
material is used.
d.
For all utility facilities placed parallel to and within the pavement structure, the utility provider
shall be required to rebuild a minimum of half the road from centerline for utility facilities in one
driving lane. This shall include grinding and the replacement of a minimum depth of 0.17 feet of
asphalt.
e.
When conditions are warranted, the Director may require all or a portion of the trench be
backfilled with a combination of select backfill or CDF. Conditions that may warrant a
combination use may include, but not be limited to, the depth of trench required, the type of
material that is being excavated and crossings on arterial and collector roadways.
f.
When conditions are warranted, the Director may require financial security for a minimum of ten
(10) years in the form of a bond, irrevocable letter of credit or irrevocable assignment of interest
in a bank account for all or a portion of restoration. Conditions that may warrant this may
include, but not be limited to, the placement of utility facilities in or near sensitive areas and
areas of continuous settlement.
Section 13.56.460
Traffic Control.
a.
Any construction proposed within the traveled way shall provide a Traffic Control Plan. All
traffic control and traffic control devices shall be as specified in the latest edition of the
MUTCD. The utility provider shall implement the approved plan, when necessary, until the
project is given final acceptance by the County. If conditions change, the Traffic Control Plan
shall also reflect the changes.
b.
During any construction, barriers and warning signs shall be erected, lighted and maintained as
necessary or as directed by the County for the protection of the traveling public. The County
may hire or use County forces to bring traffic control up to the safety standards set out in the
MUTCD, Washington State Department of Transportation (WSDOT) Design Manual and other
24
applicable documents at the utility provider's expense when the safety of the traveling public is
at risk.
1.
When road closures and detours cannot be avoided, the utility provider shall notify the
County at least seven (7) days prior to the road closure. Road closures requiring action
by the Board shall require a minimum of twenty-one (21) days advance notice. The
County requires a detour plan to be prepared, submitted and approved prior to closing any
portion of a County roadway.
2.
The road closure plan, at a minimum, shall include a detour route with the location and
type of signs to be used, as per the MUTCD. A written statement describing the detour
route, length of detour and proposed dates and times of road closure shall also be
submitted.
3.
All road closures shall be consistent with Chapter 47.48 RCW. Special consideration
needs to be given by the utility provider concerning the timing requirements of road
closures as specified in Chapter 47.48 RCW and the timing requirements for the Board to
review and approve the closure.
Section 13.56.470 Eminent Domain. Nothing herein shall be deemed or construed to impair or
affect, in any way or to any extent, the County's power of eminent domain.
Section 13.56.480 Indemnification. Each utility provider shall defend, indemnify, and hold
harmless the County, its elected and appointed officials, agents, and employees from any and all claims, actions,
suits, proceedings, arbitrations, judgments, liability, loss, expense or damages of every kind and description,
including but not limited to court costs and reasonable attorneys' fees, arising from, by reason of or in
connection with the use by utility provider of the County Rights-of-Way or any action, error or omission of
utility provider, its employees, agents, or subcontractors, whether by negligence or otherwise in connection
with the use of such Rights-of- Way, except for those damages caused solely by the negligence or willful
misconduct of the County, its elected and appointed officials, agents, or employees acting within the scope of
their employment; provided, that for only those provisions of this Chapter which a court of competent
jurisdiction determines are subject to RCW 4.24.115, then in the event of damages arising out of bodily injury
to persons or damage to property caused by or resulting from the concurrent negligence ofthe County, its
elected and appointed officials, agents, or employees, and the utility provider or utility provider's agents or
employees, utility provider's liability to hold harmless and indemnify the County is enforceable only to the
extent of utility provider's negligence.
Section 13.56.490
Violations - Penalties.
a.
Civil Infractions. The violation of any provision of this Chapter is designated as a Class 1 Civil
Infraction pursuant to Chapter 7.80 RCW.
b.
Notwithstanding the existence or use of any other remedy, the Director or Engineer may seek
legal or equitable reliefto enjoin any acts or practices and abate any conditions which constitute
or will constitute a violation of this Chapter or other regulations herein adopted.
25
Section 13.56.500 Context. When not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular number, and words in the singular
number include the plural number.
Section 13.56.510 Severability. If any section, subsection, sentence, clause, phrase, or other
portion of this Chapter, or its application to any person is, for any reason, declared invalid, illegal or
unconstitutional, in whole or in part by any court or agency of competent jurisdiction, said decision shall not
affect the validity of the remaining portions hereof.
SECTION 2. This ordinance shall take effect 30 days following adoption by the Jefferson County
Board of Commissioners on -1f}ttA/l (,~ 3.. ó? ðõ£)
SECTION 3. Jefferson County Ordinance No. 2-81 entitled "Terms and Conditions Applicable to
Franchises Granted to Public and Private Utility Corporations and Individuals to use Public Roadways
and Other County Properties within the County" and Resolution 38-91 entitled "Accommodations of
Utilities on County Road Right of Way" be and hereby are repealed by the enactment of this Ordinance.
26
2td. -
PAS SED and ADOPTED this~daY of ~ Q.h'UA- d- J c:<.tJ190
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
SEAL
"',.
" , \!' 't flt\
/. '..;"/"' ,". . ".
\"'}.' ;\,;J'.,""",;;r. ."1,.> . ", ,~
.... \:.&. þ' <~ ð ' !,
','~,' ",' " ',~ -;'"fr~': , "\4riIi,' ,'.' ",
\",$,,:, f".., "/'0..'
, ..,:/,,', . '.
". I , ' ....
.. ' . .
. : . I
'. 111 .
, 0,," . ¡ ,,' 1& I
\ >.-,. ,-i',' /1
, . I""~ . ,.,,"
. "-. " ",.
ATTEST:
Approved as to form, at thi2P}t¡
day of~ŒfY)ßF , 1999.
1:)~~
27
TO:
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington 81.
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director/County Engineer
FROM:
Frank Gifford, Director/County Engineer \J tJJd
DATE: ~ April28, 1999
£¡uL+ tJl-fJID3-CO J ()~-O/ðJ-NJ I Of, ..11'7/-1-'19
SUBJ: UtilitIes, Telecommunications, and Wireless Ordinance Public Hearing and Staff Comment
In response to the public hearing conducted by the Board of Commissioners on Tuesday, Wednesday, April27, 1999,
the Department of Public Works has reviewed the public testimony received during the public hearing and offers the
following observations for your consideration prior to Public Works forwarding the Ordinances, with minor
clarifications, to the Prosecuting Attorney's Office for a final legal review:
MASTER UTILITIES ORDINANCE TESTIMONY
.
Lisa VernierlRepresenting AT&T Wireless Services:
Section 13.56.050 Utility Permit Types
Comment: Issue with this is the equipment cabinets/shelters are very large and locating them underground is
unworkable. Asked for clarification on language if you are not talking about equipment shelters. If you were
including them to be required to be underground it would cause difficulty and expenses. She recommends the
language be changed.
Staff Comment Staff acknowledges that equipment sheds/shelters for wireless facilities may need to be above
ground and further submits that these construction issues will be addressed through the building permit
process applicable to wireless siting activities not located within the rights-of-way.
Staff Recommendation: For locations within the County rights-of-way staff suggest the following language
clarification noted in underline and italicized:
Utility Permit Types. As far as practicable all utility providers shall construct new utility facilities
underground. Above f¡round facilities or extension of overhead facilities following county rights-of-
wav shall be undertaken onlv with the approval of the Director. Provided, however, that said approval
shall not be unreasonably withheld. Permittee shall convert existing overhead facilities to underground
facilities as and when equipment replacement is undertaken, or when other existing overhead facilities
are placed underground, or when new facilities are installed, unless such placement or replacement is
unsafe, impracticable, or economically unreasonable as determined by the Director the BeaM. Line
extension policies and procedures established by the permittee uniformly applied through its service
area, shall be the standard in determining what is "practical, impractical or economically unreasonable"
under this ordinance.
100% Recycled Paper
.'
.
Malcolm Harris/Representing Summit Cablevision
Section 13.56.050 Utility Permit Types Comment: Supports the categories of projects created in this section.
Section 13.56.080 Determination by County Comment: Places additional requirements in Type A
categories, which put them, back into the complicated areas. This interferes with the intent of making Type A
projects an efficient process. Requests that separate tracking requirements be eliminated by not imposing
additional fees on type A projects.
Staff Comment/Recommendation: With respect to the comment addressed to chapter 13.56.080, the issue is
addressed in Chapter 13.56.190 whereby the permit fee attributable to the Type A activity shall be paid no later
than the tenth day of each month following the preceding month's activities. This system cannot be more
simplified relative to an efficient County management process for the Type A utility installation.
Section 13.56.190 Utility Permit Fee. Prior to issuance of a utility permit within County Rights-of-
Way, the applicant shall pay a utility permit fee to recover the County's actual attributable costs and
expenses. The amount of the utility permit fee is dependent upon the type of activity being conducted
within the County Rights-of-Way as defined in section 13.56.050. For all Type A activities, the annual
utility permit fee shall be 20% of the individual utility permit fee for each Type A activity conducted
within the Rights-of-Way. The annual utility permit fee shall be paid to the County no later than the
tenth day of each month following the preceding month's activities. For all Type B activities, the
individual utility permit fee shall be established pursuant to a schedule of fees adopted by the Board.
Staff recommendation: No revision recommended.
Section 13.56.370 Aesthetic and Scenic Considerations Comment: Requests the underground fiber-optic
systems location is modified from minimum 36" below finished surface to 30" which is the industry standard
for cable TV installations.
Staff Comment & Recommendation. With respect to the comment addressed to chapter 13.56.370, regarding
the installation of fiber optic cable at a depth of not less than thirty-six (36) inches, Staff concurs in remaining
consistent with section 13.56.350 (B), therefore, chapter 13.56.370 will be amended to read as follows:
a.
"Depth. All fiber optic systems shall be installed at a depth of thirty (30) vertical inches below
the finished surface or the bottom of the ditch for all installations within County Rights-of-
Way, or in compliance with applicable federal, state and industry requirements."
.
Paul Crane/Representing US West Wireless
Section 13.56.030 Definitions Comment: The term "franchise" could mean having to give a percentage of
revenue to Jefferson County. Requests a different name other than franchise to address that definition.
Staff Comment: The Revised Code of Washington specifically grants Counties authority to franchise as cited in
Title 36 RCW: Chapter 36.55. Historically the franchise agreement provides a means for persons or private or
municipal corporations to use the public rights of way subject to the terms and conditions therein. Franchise
agreements are the standard and recognized instrument in establishing said terms and conditions.
Staff recommendation: No revision recommended.
Section 13.56.050 Utility Permit Types Comment: U.S. West has small equipment/cabinets that can be
mounted on a pole. Requests exceptions be stated other than general all underground equipment.
Starr Comment: The minor revision to Section now provides the Director or his/her designee with the
authority to approve any aboveground utility facility.
Staff recommendation: No revision recommended.
2
"
.
Bob Rogers/Representing US West
Section 13.56.050 Utility Permit Types Comment: Requests clarification that service connections are not
included in type A. That service connection is in type C but not in A
Staff Comment; Only those individual service connections requiring trenching up to 200 feet of County rights-
of-way would require a Type A permit as stated. Individual service connections OVERHEAD not interfering
with other utilities, nor impacting the rights-of- way would remain an exempt activity.
Staff Recommendation: Staff recommends the following language clarification to the exemption section C, to
read as follows:
"Exempted Activities. Utility providers conducting the following exempted activities within County
Rights-of-Way shall not be required to obtain an utility permit; however, utility providers shall comply
with all other provisions of this Chapter: stringing cables on utility poles and associated maintenance
thereof, individual overhead service connections, accessing and maintenance of existing manholes,
handholes, pedestals, closures and vaults, and replacing above-ground meters, transformers, closures,
and pedestals, and performing emergency work."
MASTER TELECOMMUNICATIONS ORDINANCE TESTIMONY
.
Brad Kemp/Representing Sprint/United Telephone Company of the Northwest
Section 13.60.080 Penalties
Comment: Enforcement Clarification Request
Staff Comment: The Section identifies that a violation of the proposed Ordinance is designated as a Class
1 Civil Infraction pursuant to 7.80 RCw. 7.80 RCW identifies a court of limited jurisdiction, including
district courts, as having jurisdiction over an alleged civil infraction. RCW 7.80.040 Enforcement Officer
Defined states.. "...' enforcement officer's hall mean a person authorized to enforce the provisions of the
title or ordinance in which the civil infraction is established" The Jefferson County Prosecuting Attorney
upholds the laws of the State of Washington and provides for and defends Jefferson County in civil
litigation.
Staff Recommendation: No revision recommended.
Section 13.68.030 Determination bv Countv
Comment: Licensing Clarification and "Due Process" Request
Staff Comment: The Telecommunications Act addresses state and local regulation of telecommunications
providers at 47 USC 253. The proposed Ordinance states that licensing is required "to the extent permitted
by law". The licensing requirement does not result in the prohibition nor the effect of prohibiting the ability
of any entity to provide interstate or intrastate telecommunications services. The licensing requirement
does allow local government to efficiently manage the public rights of way in a timely and competitively
neutral way, without discrimination, and in a manner which conserves the limited physical capacity of the
public rights of way. Chapter 13.80 Conditions of Grant of License, Franchise, or Cable Television
Franchise identifies, in Section 13.80.210, a public hearing and appeal process for Grantees who have
been granted rights and are bound by the obligations of the Ordinance,
Staff Recommendation: No revision recommended.
3
.'
Section 13.68.040 A~reement & Section 13.72.040 A~:reement
Comment: (1) Clarification on Agreement Requirements, (2) Franchise and Compliance with Statutory
Requirements, (3) "Dispute" Resolution regarding Franchise
Staff Comment: (1) Agreements: In Section 13.68.040 the license is the agreement. In Section 13.72.040
the franchise is the agreement. The general content of agreements for licenses and franchises are clearly
identified. Section 13.68.010 License requires a license for any telecommunications carrier providing
services in the public rights of way exclusively to person or areas outside Jefferson County. Section
13.72.010 requires a franchise for any telecommunications carrier providing services in the public rights of
way to person or areas within Jefferson County. (2) Per 36.55.080 RCW Record of Franchise, all
franchises become public record and are recorded with the county auditor of each county. Jefferson County
will be in compliance with Federal laws. (3) Section 13.72.030 identifies the process and objective criteria
for County determination of franchise application. If the application is denied, the Ordinance requires a
determination including reasons for the denial based on the objective and non-discriminatory criteria for
use of the public rights of way. The applicant may resubmit with the deficiencies noted per the objective
and non-discriminatory criteria corrected.
Staff Recommendation: No revision recommended.
Section 13.72.100 Comvensation to County
Comment: Questions on Negotiations
Staff Comment: The Section identifies that compensation shall be in an amount established by the Board of
County Commissioners. The Board will establish any change in the current compensation schedule in an
open and non-discriminatory public process resulting in final adoption ordinance and/or resolution..
Staff Recommendation: No revision recommended.
Section 13.72.110 Nondiscrimination
Comment: Unnecessary to include due to inclusion in existing state statutes
Staff Comment: Staff has reviewed the three RCW sections cited by the testifier. All are located in Chapter
80.36 RCW Telecommunications.
Staff Recommendation: Staff does not believe that inclusion of this Section contradicts statutory
regulations. This section serves to clarifY the obligations of entities applying for a franchise to occupy the
public rights of way and to provide telecommunications services to any person or area of the County. No
revision recommended.
Section 13.72.160 Obli~ation to Cure as a Condition of Renewal
Comment: Request provision of "due process"
Staff Comment: Ordinance Chapter 13.80 Conditions of Grant of License, Franchise, or Cable Television
Franchise identifies conditions including Section 13.80.200 Revocation and Termination of Grant, Section
13.80.210 Notice and Duty to Cure, and Section 13.80.220 Hearing.
Staff Recommendation: No revision recommended.
4
Section 13.80.050 Relocation or Removal of Facilities
Comment: (1) "Permittee" undefined, (2) Questions the process proposed for the public's removal,
relocation, or vacating Sprint facilities including notification procedures and compensation
Staff Comment: (1) "Permittee" is a typographic error and needs to conform to the definition "Grantee"
which is used throughout the Chapter and defined in Section 13.60.020 Definitions. (2) Section 13.80.050
identifies the criteria whereby the County shall require alteration of telecommunications carrier facilities,
the formal notice procedures and notification time frames required of the County. Existing franchise
agreement with United Telephone Company of the Northwest, RCW 36.55.060 (4) which requires
relocation when "reasonably necessary" for the construction, alteration, or improvement of county roads,
common law in the State of Washington that public utilities must bear the costs of removing and relocating
their facilities when necessary for the public use, and, specific to US West, the March 13, 1998 Order No.
97-2-08395-3 Granting Summary Judgement that US West "shall be required to pay the costs associated
with the necessary relocation of its facilities along the public rights of way and county roads when
necessary for public use" are the basis for the Section.
Staff Recommendation: Delete "Permittee" and Add "Grantee". No additional revision recommended.
Section 13.80.080 Emer~encv Removal or Relocation
Comment: Disruption of Sprint facilities can also impact other emergency-related uses
Staff Comment:: Disruption of any utility is recognized as extremely disruptive and potentially dangerous
and in recognition of the seriousness of the issue the Section also uses the word "privilege". The Section
states: "The County retains the right and privilege to cut or move any Telecommunications Facilities
located within the Rights-of-Way as the County may determine to be necessary, appropriate or useful in
response to any public health or safety emergency. "
Staff Recommendation: No revision recommended.
Section 13.80.090 Dama!!e to Grantee's Facilities
Comment: Questions the process proposed for the public's removal, relocation, or vacating Sprint facilities
including notification procedures and compensation
Staff Comment: The County recognizes that damage or disruption to a Grantee'sfacilities may seriously
impact the provision of services, including perhaps, emergency services to the public. The Section identifies
that the County will be responsible for damage caused by negligence on the part of the County. The County
has been and will continue to work closely with all utilities and telecommunications carriers to ensure work
is performed in our best mutual interests.
Staff Recommendation: No revision recommended.
Section 13.80.150 Securitv Fund
Comment: Concemed about costs, enforcement, and dispute resolution
Staff Comment: Bonding may be an acceptable security instrument to Jefferson County. The current
compensation ordinance requires a $37.00 paymentfor a license to use the right of way. There are no
annualfees. There is a one time applicationfee of$37.00 to Open the Rights-of-way, and a one-time
application fee $38.00 to Work in the Rights-of-way. A Franchise Application Fee is $160.00. A Franchise
Re-Application Fee is $160.00. Currently a Department of Public Works staffperson is assigned at the
Jefferson County Permit Center to manage public rights olway management considerations. To work in
the public rights of way without meeting the conditions and obligations identified in the Ordinance, the
5
entity may, at the discretion of the Public Works Director, be subject to Section 13.80.060 Removal of
Unauthorized Facilities.
Staff Recommendation: No revision recommended.
Section 13.80.160 Assi~nments or Transfers of Grant. Section 13.80.170 Transactions Affectini
Control of Grant
Comment: Concerned about transfer of ownership procedures
Staff Comment: The Sections define and identify the conditions whereby "provision for a successor to
assume" ownership or control of a license, franchise, or cable television franchise for use of the public
rights of way issued by the County are transferred.
Staff Recommendation: No revision recommended.
Section 13.88.040 Other Countv Costs
Comment: Requests clarification of costs
Staff Comment: There currently are no costs.
Staff Recommendation: No revision recommended.
Section 13.88.050 Ri~hts of Way Compensation
Comment: Concerned that the Ordinance may be requiring telecommunication carriers to provide pricing
in violation of state statute
Staff Comment: The Section identifies that the Board of County Commissioners shall in an amount and type
establish compensation. The Board will establish any change in the current compensation schedule in an
open and non-discriminatory public process resulting in final and lawful adoption ordinance and/or
resolution..
Staff Recommendation: No revision recommended.
Section 13.88.070 Annual Fees
Comment: Requests clarification of fees
Staff Comment: There currently are no costs.
Staff Recommendation: No revision recommended.
.
Mr. Malcolm HarrislRevresenting Summit Cablevision
Section 13.60.020 Definitions
Comment: "Telecommunications Carrier" implies Cable Television Carrier
Staff Comment: Section clearly defines "Cable Operator", "Cable Service", and Cable Television
Facilities" , as distinct from "Telecommunications Carrier", specifically to provide the clarity requested.
The Ordinance definitions do recognize that a" cable operator" may choose to branch into the
telecommunications field and become a "telecommunications carrier", or vice-versa. The Ordinance
6
recognizes therefore that federal law differs with respect to telecommunications carriers and cable
operators, in fact, requiring separate franchises.
Staff Recommendation: No revision recommended.
Section 13.60.070 Application to Existin~ Franchises
Comment: Delete Paragraph "c" due to inconsistency with existing franchise
Staff Comment: As stated in the April 27, 199 Public Testimonies, Ms. Nancy Ervin, Summit
Communications confirmed that the transfer of ownership from Summit Communications to Millennium
Digital Media is complete. The Section clearly identifies that "Except as otherwise provided in this
Ordinance, and to the extent provided by law...." We believe the specific paragraph (c) is not intended to
constitute a breach of an existing franchise agreement, be in conflict with the Federal Cable Acts, or
contravene the Contracts Clause of the Constitution.
Staff Recommendation: No revision recommended.
Chapter 13.76 Cable Franchise
Comment: Clarify that only Chapter 13.76 is applicable to cable television service
Staff Comment: A careful reading of the Ordinance is required due to the complexity of the issues
surrounding statutory requirements at federal level regarding cable services. There is no limit in
additional efforts to clarifY but staff is attempting to balance concise language, legal precedent, and clarity
for the lay reader.
Staff Recommendation: Additional language such as "as defined under Federal Law, and as separate and
distinct from telecommunications licenses and cable television franchises" could be added in Chapter
13.72 Franchises under Section 13.72.010 Franchise, and in Chapter 13.68 Licenses under Section
13.68.010 License.
Ordinance in General
Comment: Exact fees and costs and other compensation are not identified.
Staff Comment: Costs are identified in franchise agreement.. There is a one time application fee of $37.00
to Open the Rights-of-way, and a one-time application fee $38.00 to Work in the Rights-of-way. A
Franchise Application Fee is $160.00. A Franchise Re-Application Fee is $160.00. The Board in a public
process adopts this compensation schedule.
Staff Recommendation: No revision recommended.
.
Ms. Lisa Vemier/Representing AT&T Wireless and AT&T
Section 13.13.76.240 Internet Accessibility
Comment: Remove and delete from Ordinance; AT&T has no intention of preventing customers from
using ISP of customer's choice
Staff Comment: This issue goes to the heart of the best way to spur development of high-speed Internet
access and the role of government in partnership with business. Cable television is and will continue to
provide high speed Internet access through its proprietary infrastructure. Currently, for example, in the
Seattle metropolitan area, customers are allowed to choose a competing Internet Service Provider other
than the cable service's dedicated internet service, but subscribers must still pay for the cable service's
7
proprietary internet service provider system to ensure no "disruption" to other cable services provided to
subscribers. The Section begins by stating "When permitted by Federal and State law..." Staff believes
this condition provides satisfactory protection for both parties.
Staff Recommendation: No revision recommended.
.
Mr. Ben Welch/Representing Townsend Communications
Section 13.13.76.240 Internet Accessibilitv
Comment: Supports open and reasonably priced access to cable television systems by Internet Service
Providers, if supported by the FCC and other state and federal laws, as a way to ensure diverse services to
the public.
Staff Comment: Please refer to Staff Comment on 1. Vernier's testimony directly above
WIRELESS SERVICES ORDINANCE
.
Malcolm Harris/Representing Summit Cablevision
Section 18.42.020 Exemptions
Comment
Summit Cable commented that cable television reception towers should be specifically exempt from the
provisions of the ordinance. Comment had been previously received from Puget Sound Energy that "facilities
installed in conjunction with and support of Automated Meter Reading technology maintained by a government
entity, public utility, or other franchised utility" should be exempt.
Staff Comment: This section begins with the statement that "This chapter applies to the location, placement,
construction and modification of licensed or unlicensed personal wireless service facilities as defined in this
chapter. " Cable TV reception towers and Automated Meter Reading technology are not personal wireless
service facilities. They are not subject to the ordinance. It is unnecessary and potentially confusing to list in the
Exemptions section all of the various types of communications facilities that are not personal wireless service
facilities.
Staff Recommendation: No revision recommended.
.
Lisa Vernier/Representing AT&T Wireless
Section 18.42.070 Coloration Procedure
Comment:
This section requires that at the time a pre-application conference is scheduled for a new tower, the applicant
shall demonstrate that a letter has been mailed to all other wireless providers licensed to provide service in the
County informing them of the applicant's proposal and inquiring about the opportunities for colocation.
AT&T Wireless commented that communication between providers at this stage of project development may
be perceived as collusion constituting a violation of anti-trust laws. It was recommended that the process of
colocation notification be moved to the time of permit application. Because permit applications are matters of
public record, the issue of collusion would not arise.
U.S. West Wireless stated that this section should state that no response from another provider should imply
that no colocation opportunity exists.
8
Staff Comment: The colocation procedure is intended to foster meaningful opportunities to reduce the
impacts of wireless towers by reducing their number through colocation. In order to achieve this goal
it is necessary to require early notice to other providers. This is best done prior to initiating the
application process. After that point, land or leases have been acquired, engineering and planning
analysis has been undertaken, and tower plans are complete. There is less incentive and opportunity
for colocation.
Staff has discussed this issue with Mr. Phil Grillo, Miller Nash LLP, expert in wireless communication law
serving as legal counsel to the Department in the development of the Ordinance.
Staff Recommendation:
The requirement to request information regarding colocation opportunities when scheduling a pre-application
meeting should be retained. Regarding the lack of response to the colocation inquiry, the following statement
could be added to the ordinance: . "If a response to the colocation notice is not received. this shall be
interpreted that there are no opportunities for colocation ".
Section 18.42.090 Desi2n Review Standards Subsection a. 4. Colocation
Section Summary: More than three providers may co-locate on an existing tower or alternative support,
provided that engineering data prepared by a structural engineer licensed in the State of Washington is
submitted to the Building Official that certifies that additional antennas can be safely added to the tower.
Comment:
AT&T expressed concern that this section would require providers to design and construct towers to
accommodate the antennas of other providers without providing compensation for the additional expense that
this would entail. It was suggested that a second provider should be allowed to locate adjacent to the existing
tower or, if the County requires colocation, the County should reimburse the provider for added expenses
related to increased structural capacity.
Staff Comment: This section does not require providers to construct towers with the structural capacity for
colocating additional antennas. Rather this is intended to provide assurance through the building permit
review that a tower or alternative support has the structural capacity for additional antennas, if more than
three are proposed.
Staff has discussed this issue with the Building Official. He stated that a structural analysis by a licensed
engineer would be required for approval of an application to colocate an additional antenna on an existing
tower.
Staff Recommendation: This requirement is already provided through the building permit review. Section
18.42.090.a.4 could be deleted without an adverse effect on public safety.
Section 18.42.090 Desi2:n Review Standards Subsection a. 6. Fencin2 and Security
Summary ofIssue: Wireless facility towers and accessory equipment shall be enclosed by a minimum six feet
high security fence.
Comment: u.s. West Wireless stated that this requirement was not necessary for antennas placed on utility
poles.
Staff Comment: Staff concurs that this would be unnecessary. It is not intended by the ordinance. The section
refers to towers. They are defined in the ordinance as "a structure designed and constructed specifically to
support an Antenna Array...Any device that is used to attach an antenna or antenna array to an existing
support structure is excluded from the definition of and regulations applicable to towers. " An antenna mounted
on a utility pole would not constitute a tower and would not require a security fence unless there was accessory
equipment that was located on the ground.
Staff Recommendation: No revision recommended.
9
,
.
Paul Crane/W &H Pacific Representing US West Wireless
Subsection b. Desien Review Standards-Conditional Uses
Summary ofIssue: In addition to the Wireless Facility General Design Review Standards set forth above,
wireless communication facilities subject to conditional use review shall comply with the following design
review standards:
1. Protecting Points of Visual Interest: Views towards the following points of visual interest from residential
structures located within 250 feet of a proposed wireless communication facility subject to conditional use
review shall be protected from significant degradation to the greatest extent practicable:
a) Mountains
b) Marine Waters and Shorelines
c) Public Parks and Significant Public Open Spaces
d) Historic Structures
The applicant for a conditional use wireless communication facility shall either demonstrate that the points of
visual interest listed above will not be significantly degraded by the proposal or demonstrate that a significant
wireless telecommunication service can only be provided by development of the proposed facility.
2. Methods for Protecting Points of Visual Interest: The following standards may be used to protect the points
of visual interest listed above:
a) Use alternative facility designs and locations on the parcel to minimize the degradation of
views from residences to the point of visual interest.
b) Maintain existing trees and shrubs on the site and/or provide additionallandscaping.
c) Obtain leases or easements for the life of the proposal to protect trees and shrubs on
adjoining properties that will screen the proposed facility or to allow the planting of
additional trees and shrubs.
3. In the event that it is not practicable to protect the visual points of interest listed above from significant
degradation, the applicant for a conditional use wireless communications facility shall minimize the visual
effect to the greatest extent practicable and shall also demonstrate through appropriate analysis that:
a) There are not other locations within the same parcel where the visual effects would be less.
b) Colocation or attachment on an alternative structure within the service area is not feasible.
c) Development on an alternative site with decreased visual effects within the service area is
not feasible.
In the event that it is not practicable to protect the visual points of interest listed above from significant
degradation, the applicant for a conditional use wireless communications facility shall minimize the visual
effect to the greatest extent practicable and shall also demonstrate through appropriate analysis that:
There are not other locations within the same parcel where the visual effects would be less.
Colocation or attachment on an alternative structure within the service area is not feasible.
Development on an alternative site with decreased visual effects within the service area is not feasible.
Comment:
U.S. West Wireless stated that this section is vague and arbitrary. The term "significant open space" was cited
as an example. In order to have greater predictability and consistency this section needs to be based on a
formula. There was also objection to requiring a lease to protect vegetation on adjacent property.
Staff Comment
This section addresses the most difficult aspect of regulating wireless facilities: balancing the needs of wireless
providers to site large towers against the Federally recognized authority of local government to exercise
zoning authority over the placement of wireless facilities. The types of concerns addressed by this section are
often complex and controversial. It is very difficult to address these concerns through the application of a
formula or by referring to lists of specific view amenities.
10
That is why these uses are proposed to be subject to conditional use review in residential and commercial
areas. Conditional use review requires the decision-maker to exercise discretion in applying design review
standards, but that discretion must be supported by a record that is established at a public hearing and is
subject to appeal at a closed record hearing. Reliance upon the public hearing process is preferable to reliance
on a rigid formula.
Finally, it should be noted that obtaining a lease or easement to protect screening vegetation on adjacent
property is only one of three standards that mav be used to protect points of visual interest. This is a legitimate
requirement in cases where visual impacts are mitigated by screening vegetation that is not under the control
of the applicant.
Staff Recommendation: Revision is not recommended.
Cc:
Juelie Dalzell, Prosecuting Attorney
Shirley Waters, Deputy Prosecuting Attorney
FG:kp
11
04127/99
08:11
US41 387 9037
UTNW EXEC. DEPT.
¡g¡ 002
April 26, 1999
r:~'~' r'~ "'.'
1/:..1 Ii:!. II \j ç:! ~ "",
f r ) I -,J (13' t:; U is' ¡ ~~.:: \
..1 L I.-. ii ! ¡
-'. !! I{
Apn I, ;.
H I"') t't . I::J
t:, I ,QCV) ,
"I,..:,
it:c,-,.
.' L Î II. n (y' " "
HOAHD OF~::;ÖN COUNTY
l, MMISS!()NERS
Will Butterfield
Jefferson County Department of Public Works
P.O. Box 2070
Port Townsend, WA 98368
~ 4I=-ð ~ - ð7 {) '3 -(J 0
RE:
Comments of SprintlUnited Telepbone Company of the Northwest regarding
the Jefferson County Department of Public Works Telecommunications
Ordinance
Dear Mr. Butterfield:
Thank you for the April 14, 1999 Draft Telecommunications Ordinance and the
opportunity to provide comments. Thank you also for the changes you made in the most
recent draft based on our earlier feedback.
Our attorney has not yet reviewed the April 14, 1999 draft ordinance; however~ it appears
that most of the changes we recommended on March 31 ~ 1999 have not been addressed,
and many of our original questions remain unanswered. While Sprint appreciates the
County's rights and obligation with respect to public right of way, this ordinance goes
well beyond the requirements of any other franchise agreements Sprint has in place with
Washington municipalities. Sprint is particularly troubled with language that would
allow the County to cut our cable. Such action could put many customers out of service.
even those outside the county, and disable access to emergency services, such as 911.
We would welcome the opportunity for our attorney to meet with you to resolve the
following issues:
Section 13.60.080 Penalties (p. 7)
Who is the enforcement agency? There may be a potential for double penalties.
Section 13.68.030 Determination by County (pp. 10.11)
Why do we need a license? The fact that we are certified by the WUTC should suffice for
criterion "a" and "b". As to the rest of the criteria. we would just note that these
conditions should be interpreted with an eye toward Section 253 ofthe
Telecommunications Act of 1996. Section 253 makes it clear that State and local entities
have the authority to manage right of way in a competitively neutral manner, protect
public safety and welfare, and are entitled to receive fair compensation. However, the
Act also states that no State or local statute or regulation, or other State or local legal
requirement, may prohibit or have the effect of prohibiting the ability of any entity to
provide any interstate or intrastate telecommunications service. Can we add some due
process language for dispute resolution?
04/27/99
08:12
ft541 387 9037
UTNW EXEC. DEPT.
III 003
:
Section 13.68.040 and Section 13.72.040 Agreement çpp 11,13)
If a license is grante~ why do we need a subsequent agreement? Do we need a license,
franchise, and one agreement? Will the franchises be publicly disclosed in compliance
with Section 253 of the Telecommunications Act? What are the remedies if we feel
we've been unjustly denied a franchise?
Section 13.72.100 Compensation to County (p. 14)
Who decides when to cut off negotiations? What is the procedure?
Section 13.72.110 Nondiscrimination (p. 14)
Statutes and rules already address this issue (e.g., RCW 80.36.186; 80.36.150; 80.36.330)
Section 13.72.160 Obligation to Cure As a Condition of Renewal (p. 15)
Need a due process provision, e.g,. "after notice and opportunity to be heard."
Section 13.80.050 Relocation or Removal of Facilities (p. 30) and Section 13.80.080
Emergency Removal or Relocation of Facilities (p. 33)
A new term has been introduced, "Permittee" without a definition. Usually our franchise
agreements make it clear that we will not prevent the proper authorities from sewering,
grading, planking, rocking, paving, repairing, altering, or improving its streets, highways,
etc., but all such work will be done if possible so as not to obstruct or prevent the free use
of our facilities. The public entity shall not require us to remove or relocate our facilities
or vacate without reserving our rights or without requiring that we be compensated for the
costs thereof. In turn, we agree not to unreasonably interfere with other facilities or
utilities already located in the franchise area and the free passage of traffic. When we
must complete an excavation, we agree to restore the surface as nearly as practicable to
the same condition it was in prior to such excavation, and in compliance with any rules,
laws, etc.. Additionally, the public entity commits to provide us with written notification
(e.g., 90 days) prior to the commencement of any grading, widelÚng, etc. along with any
available plans and specifications. At such point we would move our facilities within the
franchise area to a place provided by the public entity. When a person or entity other
than the public entity requires the relocation, we would have the right to specify the
payment terms for any costs we incur and the right to be indemnified and held harmless
except in the case of gross negligence on our part.
The reference in Section 13.80.080 to the County cutting our facilities is particularly
troublesome. There could be far reaching public impact beyond the "public" the County
might be concerned with.
Section 13.80.090 Dam~e to Grantee's Facilities (p. 33)
See response to 13.80.050 above. We would like to have notification of when work is
scheduled so that we can protect our facilities.
Section 13.80.150 Security Fund (P. 35)
04/27/99
08:13
t:t541 387 9037
UTNW EXEC. DEPT.
@OO4
We pay for the franchise, license, restoral costs, annual fees, and a security fund? Seems
excessive. We'd be willing to be bonded. Ifa security fund is necessary, we would want
to limit our liability under any of the provisions of this agreement to the amount
contained in the security fund. How would this be policed? What is the dispute
resolution process?
Section 13.80.160 and 170 Assi~ents or Transfers of Grant (p. 36) and Section
13.80.170 Transactions Affecting Control of Grant (p. 37)
Our franchise agreements typically include provision for a successor to assume the
contract. We would think this would serve the County's interest as well. What is the
reasoning for forbidding a successor to assume the contract?
Section 13.88.050 Rights of Way Compensation (p. 42)
Statutes do not pennit discounted, free, or in-kind services (see RCW 80.36.130;
80.36.170; 80.36.180; 80.36.186).
Section 13.88.070 Annual fees (p. 42) and Section 13.88.040 Other COWlty Costs
Is this a franchise fee or something above and beyond? How many fees are we talking
about?
Again, thank you for the opportunity to provide feedback.
Sincerely,
Nancy Judy
A VP External Affairs