Chapter 4.25
RIGHTS-OF-WAY1
Sections:
4.25.020 Enforcement.
4.25.030 Permit required for improvement or use.
4.25.040 Review of application procedures.
4.25.050 Plans.
4.25.060 Survey.
4.25.070 Dedication.
4.25.080 Illegal subdivision.
4.25.090 Limited right-of-way use permit.
4.25.100 Extended right-of-way use permit.
4.25.110 Scope of permit.
4.25.120 Standards for driveways.
4.25.020 Enforcement.
The director of public works, or designee, has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 28, 1-6-09; Ord. No. 90-50, § 8, 4-3-90. Code 2001 § 13-27.)
4.25.030 Permit required for improvement or use.
City right-of-way shall not be privately improved or used unless a permit has been issued pursuant to this chapter. No development approval shall be issued which requires use of privately maintained city right-of-way unless a permit has been issued pursuant to this chapter. This section shall not apply to driveway connections from private property to city road right-of-way, utility construction work otherwise authorized, rights-of-way activities, or general transportation and travel along the right-of-way.
(Ord. No. 08-578, § 1, 3-18-08; Ord. No. 90-50, § 2(A), 4-3-90. Code 2001 § 13-28.)
4.25.040 Review of application procedures.
(1) Upon receipt of an application for any right-of-way use permit, the city shall determine whether the proposed activity is within the city-owned right-of-way.
(2) The public works director shall review applications for compliance with applicable city plans, policies, regulations and standards. Prior to issuing a right-of-way use permit, the city shall determine and secure an appropriate bond as described in this chapter.
(3) The city shall, when feasible, consolidate right-of-way use permits with other development permits and when all requirements of this chapter are met, a separate right-of-way use permit shall not be required. In such cases, the fee for right-of-way use review shall be included with that development approval fee.
(Ord. No. 90-50, § 2(B), 4-3-90. Code 2001 § 13-29.)
Cross reference: Environmental policies, FWRC Title 14.
4.25.050 Plans.
Detailed engineering and restoration plans and/or drainage plans may be required when considered necessary by the public works director. Costs for the development of such plans and conduct of required studies shall be borne by the permit applicant.
(Ord. No. 90-50, § 3(A), 4-3-90. Code 2001 § 13-30.)
Cross references: Storm and surface water utility, FWRC Title 11, Division III; drainage program requirements, FWRC Title 16.
4.25.060 Survey.
When considered necessary by the public works director to adequately define the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a state-licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act, RCW 58.09.010 et seq.
(Ord. No. 90-50, § 3(B), 4-3-90. Code 2001 § 13-31.)
4.25.070 Dedication.
A permit applicant may be required to dedicate additional right-of-way across property under such applicants’ authority when necessary to fulfill the minimum road right-of-way width prescribed by city standards in Chapter 19.135 FWRC.
(Ord. No. 90-50, § 3(C), 4-3-90. Code 2001 § 13-32.)
4.25.080 Illegal subdivision.
A permit shall not be issued to provide access to a lot or parcel created in violation of state and city subdivision regulations.
(Ord. No. 90-50, § 3(D), 4-3-90. Code 2001 § 13-33.)
Cross reference: Subdivisions, FWRC Title 18.
State law reference: Subdivisions, RCW 58.17.010 et seq.
4.25.090 Limited right-of-way use permit.
(1) Upon filing of a complete application, payment of the fee, and posting of the required bond for restoration of the right-of-way, the city may issue a limited right-of-way use permit authorizing the use of city road right-of-way, for use by designated private parties for a specific use and duration.
(2) The limited use permit may require construction and restoration of the right-of-way to adopted standards based on the nature and duration of the specific use, and subject to inspection. In addition, conditions may be imposed to assure the compliance with city plans, policies, standards and regulations. Such conditions may require performance in excess of adopted road standards.
(3) The permit applicant may be required to post bond payable to the city in amounts determined by the public works director based on current bonding requirements schedules in Chapter 19.25 FWRC which:
(a) Guarantee construction and maintenance of the roadway, drainage and retention/detention facilities in compliance with adopted standards; and
(b) Guarantee restoration of the right-of-way to a condition consistent with the right-of-way use permit including blocking of access to the right-of-way at the expiration of the permit period.
(4) The permit applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements to the city right-of-way during the period of time the permit is in effect.
(5) The permit applicant may apply for one extension for up to one year to the limited right-of-way use permit upon written application for an extension, payment of the fees, and being found to have fully complied with the conditions and requirements of the original permit. The application for extension may only be made after the first six months of the original permit life.
(Ord. No. 90-50, § 4, 4-3-90. Code 2001 § 13-34.)
4.25.100 Extended right-of-way use permit.
(1) Upon filing of a complete application and payment of fee, the public works director may issue a permit authorizing the use of the city right-of-way for a designated use which is revocable at the discretion of the city upon six months’ notice.
(2) The extended right-of-way use permit applicant may be required to construct a road to specific standards which may include full compliance with adopted city road standards, and may be required to post bonds for construction, restoration and maintenance. Construction work and all restoration work required by the permit shall be completed within one year of the permit’s issuance. In addition, the city may set conditions to assure compliance of the permit with other adopted plans, city policies and regulations.
(3) The department of public works shall place and maintain permanent signs denoting the end of the city-maintained road.
(4) The permit applicant shall have sole responsibility for the safe construction, operation and maintenance of any improvements to the city right-of-way pursuant to the permit, until such time as the improvements are officially accepted for maintenance by the city.
(5) The permit applicant may be required to record a covenant running with the land and for the benefit of the city, which contains:
(a) A legal description of the lot or parcel to be served by the right-of-way use permit, limited or extended;
(b) A statement indicating that access to such parcel is across an unmaintained city right-of-way, that the city is not responsible for maintenance of the right-of-way and that responsibility for maintenance of the road rests jointly and equitably upon all permit holders;
(c) A statement that the owner of the parcel will not oppose participation in a city road improvement district, if formation of such a district is deemed necessary by the city;
(d) A prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, a right-of-way use permit for the additional lots being created;
(e) A statement that the right-of-way use permit covenant is binding on the successors and assigns of the owner; and
(f) The acknowledged signature of the owner of such parcel.
(Ord. No. 90-50, § 5, 4-3-90. Code 2001 § 13-35.)
4.25.110 Scope of permit.
Permits issued pursuant to this chapter shall not be construed to convey any vested right or ownership interest in any city right-of-way. Every right-of-way use permit shall state on its face that any city right-of-way opened pursuant to this chapter shall be open to use by the general public except in those cases where specific conditions in a limited right-of-way use permit restrict the use of the right-of-way for safety reasons.
(Ord. No. 90-50, § 6, 4-3-90. Code 2001 § 13-36.)
4.25.120 Standards for driveways.
No driveway connection or other access from private property to a city road right-of-way shall be built or maintained which does not comply with the city road standards.
(Ord. No. 90-50, § 7, 4-3-90. Code 2001 § 13-37.)
Cross references: Arterial street fund created, FWRC 3.50.020; street fund created, FWRC 3.50.040; development improvements and official right-of-way map, Chapter 19.135 FWRC.