Chapter 12.58
PRIMITIVE STREETS – UNOPENED CITY RIGHT-OF-WAY
Sections:
12.58.010 General.
Primitive streets or unopened public street rights-of-way not developed to the minimum design standard are not considered adequate for new construction and development activities. These development activities shall require improvements to the design as detailed herein and in previous sections. Costs will be borne by the applicant proposing construction or development.
Throughout the city there may be unopened public street rights-of-way that have not been maintained, improved or officially opened and established as city streets by the city or vacated by the city. There may be persons wishing to utilize unopened city right-of-way for access to private property. (Ord. 10-09 § 9 (Exh. B), 2010)
12.58.020 Permits required.
A. A permit is required to improve city right-of-way for street purposes. A right-of-way permit application, on forms provided by the city engineer, shall be approved prior to the improvement of a primitive street and/or unopened right-of-way.
1. Right-of-Way Permit. A right-of-way permit shall be required for opening or improving a public right-of-way. Improvements meeting the street standards as set forth in Chapter 12.53 EWMC shall be constructed following the approval of the application and plans by the city engineer. Streets meeting the private street standards shall not be eligible for designation as a city public street.
2. Requirements.
a. The street section shall meet the requirements for private streets as set forth in Chapter 12.53 EWMC. If more than 16 lots, parcels or tracts are to be served, the street must be designed to public street standards. If the width of the unopened right-of-way and the terrain prevent the proposed street from meeting the public street standards, the permit shall be denied.
b. If the street is to be proposed for establishment as a city street, the applicant shall pay for the purchase and installation of all signing required by the city. Subsequent to the installation and establishment as a city street, signing will be maintained by the city.
c. The city engineer shall review for approval plans of the required improvements necessary for designation as a public street. Upon completion of necessary improvement, the city engineer shall indicate approval on the permit application and make the appropriate notification to the city council. The city council shall conduct a public hearing and declare the street established by resolution for public purpose. Upon establishment by the city council, they will enter the appropriate information into the official city records.
d. The permit application shall include:
i. A legal description of the lot(s), tract(s) or parcel(s) to be served by the permit.
ii. A statement regarding the purpose of access to subject lot(s), tract(s) or parcel(s).
iii. Proof of appropriate subdivision ordinance approval or, if exempt from platting, an assessor’s map showing the parcels served.
iv. If there is no official street name, three choices for street name shall be submitted for approval at the time of permit application submittal.
v. Two sets of engineered street and drainage plans for the planned improvements as per East Wenatchee street standards, including a vicinity map.
B. Additional Requirements.
1. Detailed engineering and drainage plans will be required by the city engineer. Cost for the development and preparation of such plans shall be borne by the permit applicant. When required, such plans shall be prepared in accordance with the requirements of these standards.
2. The applicant shall cause the right-of-way to be surveyed by a licensed land surveyor at the applicant’s expense to adequately define the limits of the unopened right-of-way. Such survey shall be recorded in accordance with the Survey Recording Act.
3. An applicant shall be required to deed additional right-of-way across property under his/her authority when necessary to fulfill the minimum street right-of-way as required by these standards.
4. An applicant shall provide certification that all owners of the property abutting on each side of the unopened right-of-way have been provided written notification of the permit application. Any objections of such property owners shall be stated along with the manner in which the applicant proposed to resolve said objections.
5. Restoration sureties may be required by the city engineer in the manner provided for in EWMC 12.50.110. (Ord. 10-09 § 9 (Exh. B), 2010)