13.84.030 Master permits.
A. A service provider must apply for a master permit. A service provider with an existing state-wide grant to occupy the right-of-way shall be asked to obtain a master permit for wireline facilities.
1. The procedures for the approval of a master permit and the requirements for a complete application for a master permit shall be available in written form.
2. The city shall act upon a complete application within one hundred twenty days from the date a service provider files the complete application for the master permit to use the right-of-way, except:
a. With the agreement of the applicant; or
b. Where the master permit requires action of city council and such action cannot reasonably be obtained within the one-hundred-twenty-day period.
B. Service providers must obtain a use permit. The city shall act on a request for a use permit by a service provider within thirty days of receipt of a completed application, unless a service provider consents to a different time period or the service provider has not obtained a master permit requested by the city.
1. For the purpose of this section, “act” means that the city makes the decision to grant, condition, or deny the use permit, which may be subject to administrative appeal, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period.
2. Requirements otherwise applicable to holders of master permits shall be deemed satisfied by a holder of a cable franchise in good standing.
3. Where the master permit does not contain procedures to expedite approvals and the service provider requires action in less than thirty days, the service provider shall advise the city in writing of the reasons why a shortened time period is necessary and the time period within which action by the city is requested. The city shall reasonably cooperate to meet the request where practicable.
4. The city may not deny a use permit to a service provider with an existing state-wide grant to occupy the right-of-way for wireline facilities on the basis of failure to obtain a master permit.
C. The reasons for a denial of a master permit shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit as set forth in subsection A of this section, may commence an action in Snohomish County Superior Court within thirty days to seek relief, which shall be limited to injunctive relief.
D. A service provider adversely affected by the final action denying a use permit may commence an action within thirty days to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130.
E. The city shall:
1. In order to facilitate the scheduling and coordination of work in the right-of-way, provide as much advance notice as reasonable of plans to open the right-of-way to those service providers who are current users of the right-of-way or who have filed notice with the clerk of the city within the past twelve months of their intent to place facilities in the city or town. The city shall not be liable for damages for failure to provide this notice. Where the city has failed to provide notice of plans to open the right-of-way consistent with this subsection, the city may not deny a use permit to a service provider on the basis that the service provider failed to coordinate with another project.
2. Have the authority to require that facilities are installed and maintained within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public, health, safety, and welfare.
F. A service provider shall:
1. Obtain all permits required by the city for the installation, maintenance, repair, or removal of facilities in the right-of-way;
2. Comply with applicable ordinances, construction codes, regulations, and standards subject to verification by the city of such compliance;
3. Cooperate with the city in ensuring that facilities are installed, maintained, repaired, and removed within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public health, safety, and welfare;
4. Provide detailed information and plans as reasonably necessary to enable a city to comply with subsection E of this section, including, when notified by the city, the provision of advance planning information pursuant to the procedures established by the city or town;
5. Obtain the written approval of the facility or structure owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the right-of-way;
6. Construct, install, operate, and maintain its facilities at its expense;
7. Provide insurance, surety bonds, and indemnification in amounts from insurers and sureties as approved by the city;
8. Subscribe to the local utility underground location service;
9. Provide record drawings of as-built conditions within sixty days of installation of facilities within public right-of-way, such drawings to be in paper and electronic formats as specified by the city; and
10. Comply with applicable federal and state safety laws and standards.
G. Nothing in this section shall be construed as:
1. Creating, expanding, or extending any liability of the city to any third-party user of facilities or third-party beneficiary; or
2. Limiting the right of the city to require an indemnification agreement or setting such other terms and conditions as the city deems appropriate as a condition of a service provider’s facilities occupying the right-of-way.
H. Nothing in this section creates, modifies, expands, or diminishes a priority of use of the right-of-way by a service provider or other utility, either in relation to other service providers or in relation to other users of the right-of-way for other purposes. (Ord. 2456-00 § 3, 2000.)