Chapter 19.09
PROPERTY DEVELOPMENT

Sections:

19.09.010    Preapplication and intake screening meetings.

19.09.020    Field markings.

19.09.030    Public and private streets.

19.09.040    Private access roads.

19.09.050    Street names and house numbers.

19.09.060    Right-of-way use.

19.09.070    Street vacations.

19.09.080    Moving of buildings.

19.09.090    Building pad.

19.09.100    Preferred practices.

19.09.010 Preapplication and intake screening meetings.

A. Preapplication meetings between the applicant, members of the applicant’s project team, and city staff are required for all subdivisions or lot line revisions, shoreline substantial development permits, shoreline deviations, variances, temporary encampments, and for any alteration of a critical area or buffer, except those alterations that are identified as allowed uses under MICC 19.07.030(A)(1) through (5), (8) and (12). Preapplication meetings may be held for any other development proposal at the request of the applicant.

B. The preapplication meeting will include a preliminary examination of the proposed project and a review of codes as described in MICC 19.15.020(A). The purpose of a preapplication meeting is to provide the applicant with information that will assist in preparing a formal development application meeting city development standards and permit processing requirements.

C. City staff are not authorized to approve any plan or design offered by the applicant at a preapplication or intake meeting.

D. Intake screenings between the applicant and city staff are required for all building permits involving the following: expansion of a building footprint by 500 square feet or more; an increase in impervious surface of 500 square feet or more; or any alteration of a critical area or buffer, except those alterations that are identified as allowed uses under MICC 19.07.030(A)(1) through (5), (8) and (12). Applicants are encouraged to bring their project team. The purpose of an intake screening is to resolve issues that may cause delay in processing a permit prior to formal acceptance of a permit application. The intake screening will include a preliminary examination of the proposed project and a review of any applicable codes. City staff are not authorized to approve any plan or design offered by the applicant at an intake screening. (Ord. 10C-01 § 4; Ord. 08C-01 § 5; Ord. 05C-12 § 8).

19.09.020 Field markings.

A. Prior to the start of construction, the applicant shall mark the following on the site to reflect the proposed site construction plan: the location of the building footprint, critical area(s) boundaries, the outer extent of yard setbacks, areas to remain undisturbed, and trees and vegetation to be removed.

B. The applicant shall maintain the field markings for critical area(s) and areas to remain undisturbed throughout the duration of the construction permit.

C. The code official may waive the requirement for field marking when no activity is proposed within or adjacent to a critical area. (Ord. 05C-12 § 8).

19.09.030 Public and private streets.

A. Standards Adopted by Reference. Residential access streets (local access streets), curbs, gutters, sidewalks and drainage and utility facilities in the public right-of-way shall be constructed in accordance with “City and County Design Standards for Low Volume Roads and Streets, Adopted February 10, 1994, per RCW 35.78.030 and RCW 43.32.020” which was enacted by Ordinance 98C-07, and which is on file in the city clerk’s office, and by this reference made a part of this section as if fully set forth, and the plans and profiles for any such construction shall be submitted to and approved by the city engineer prior to the commencement of any grading, excavation or other phase of such construction.

B. Acceptance of Improvements. Upon certification by the city engineer that the construction has been completed in compliance with the provisions of this section and to his or her satisfaction, the city council may formally accept the improvements for maintenance by the city.

C. Construction Specifications. Residential access streets (local access streets) shall be constructed of six-inch cement concrete pavement or two-inch asphaltic concrete with cement concrete curbs and gutters, rolled cement concrete curbs or thickened asphaltic concrete edges, and shall be a minimum of 16 feet in width with minimum one-foot-wide gravel shoulders, measured from the outside edges of thickened asphaltic concrete edges or of rolled cement concrete curbs and from the inside faces of cement concrete curbs. Cement concrete curbs and thickened asphaltic concrete edges may be eliminated in conjunction with the use of low impact development storm water management techniques. Porous pavement and/or pavers may be considered acceptable pavement alternatives when approved by the city engineer. All construction materials and workmanship shall be in accordance with the Washington State Department of Transportation and American Public Works Association current “Standard Specifications for Road, Bridge, and Municipal Construction” as amended by the city engineer for city of Mercer Island public works projects, and shall be subject to inspection and approval by the city engineer.

D. Rights-of-Way Widths.

1. Arterials. Arterial streets, as designated in the 1976 arterial and circulation plan, shall have rights-of-way widths as follows:

Street Designation

Right-of-Way (ft.)

Major Arterial

60 – 100

Secondary Arterial

60 – 90

Collector Arterial

50 – 66

2. Local Access Streets. Local access streets shall have rights-of-way of the following widths, based on the type of street and on the number of potential lots or dwelling units that the street will serve.

a. Dead-End Streets.

Number of Lots or Dwelling Units

Right-of-Way (ft.)

 

 

Over 20

40 – 50

11 – 20

35 – 50

6 – 10

30 – 45

3 – 5

20 – 40

1 – 2

16 – 40

b. Through Streets. Through streets shall have rights-of-way widths of 40 to 50 feet.

E. Exceptions from Width Requirements Authorized. In cases where it is found by the city council that special conditions of topography, right-of-way width, traffic flow and the like exist, and that a lesser improvement width will not create a vehicular or pedestrian traffic hazard, the city council may, in its discretion, grant exceptions from the minimum width requirements. (Ord. 09C-17 § 2; Ord. 99C-13 § 1).

19.09.040 Private access roads.

A. The following are the minimum requirements for private access roads. To accommodate fire suppression and rescue activities, the Mercer Island fire chief may require that the widths of private access roads or the size of turn-arounds be increased or that turn-arounds be provided when not otherwise required by this section.

B. All private access roads serving three or more single-family dwellings shall be at least 20 feet in width. All private access roads serving less than three single-family dwellings shall be at least 16 feet in width, with at least 12 feet of that width consisting of pavement and the balance consisting of well compacted shoulders.

C. All corners shall have a minimum inside turning radius of 28 feet.

D. All private access roads in excess of 150 feet in length, measured along the centerline of the access road from the edge of city street to the end of the access road, shall have a turn-around with an inside turning radius of 28 feet.

E. All cul-de-sacs shall be at least 70 feet in diameter; provided, cul-de-sacs providing access to three or more single-family dwellings shall be at least 90 feet in diameter.

F. Gradient.

1. No access road or driveway shall have a gradient of greater than 20 percent.

2. For all access roads and driveways with a gradient exceeding 15 percent, the road surface shall be cement concrete pavement with a brushed surface for traction. Access roads and driveways with gradients of 15 percent or less may have asphalt concrete surface. (Ord. 99C-13 § 1).

19.09.050 Street names and house numbers.

A. Classifications of Streets.

1. Avenue. A public or private roadway improved for general travel which, except for occasional sinuosities, runs in a generally north-south direction shall be designated as an “avenue.”

2. Boulevard Drive, Road, Lane or Way. A public or private roadway improved for general travel, either as a thoroughfare or cul-de-sac, having such sinuosities as not to fit into the regular street or avenue pattern, or a divided or other ornamental way within or adjacent to a park, scenic or landscaped area and not being a portion or extension of a named street or avenue shall be designated as a “boulevard,” “drive,” “road,” “lane,” or “way.”

3. Place. A public or private roadway improved for general travel and, except for occasional sinuosities, lying between and parallel to streets or avenues as an extra roadway to the grid system of 16 streets to a mile; or a public or private roadway other than an alley, boulevard, drive, road, lane or way, which does not fit into the fixed street and avenue pattern by virtue of running at an acute angle to streets or avenues shall be designated as a “place.”

4. Street. A public or private roadway improved for general travel which, except for occasional sinuosities, runs in a generally east-west direction shall be designated as a “street.”

B. Assignment of Names and Numbers to Public or Private Roadways. The code official shall assign names or numbers to all public or private roadways, now existing or hereafter established, which have not been named or numbered heretofore; provided, no name or number shall be assigned to a private roadway unless the same shall be servient to one or more properties other than the lot of which it is a portion.

C. Change of Existing Roadway Designations. All existing roadways shall continue to bear the designation heretofore existing unless changed by resolution of the city council after the council has determined that the prior designation does not conform to the criteria set forth in this section, and that the public convenience and welfare will be served by such change and designation.

D. Use of County System to Name and Number Roadways. The code official shall assign a name or number to all public or private roadways in accordance with the King County numbering system set out in King County Code, Chapter 16.08, Road Names and Addressing Buildings. All public or private roadways shall be designated by numbers or names assigned at intervals of one-sixteenth of a mile; provided, road names shall only be assigned when the numbered grid is determined to be infeasible by the code official.

E. Issuance of House Numbers to New Residences and Buildings. The code official shall issue house or premises numbers to each new residence or other structure requiring a means of separate and simple identification, at the time of issuing a building permit therefor. Such numbers shall be issued for a preexisting building or premises where the previous number conflicts with the numbering system set forth by this section and public convenience and welfare would be promoted by such renumbering.

F. Rules for Assignment of House Numbers. The numbers assigned by the designating official shall be determined by application of the following rules:

1. House or premises numbers shall be determined by adding two digits to the block number in which such house or premises is located. The block numbers shall be obtained by taking the number of the nearest street to the north or avenue to the west. Block numbers shall be obtained from streets or avenues only.

2. Consecutive numbers shall be assigned on public and private roadways running east-west, for each 20-foot interval commencing from the intersection of the nearest avenue to the west or from where such avenue would intersect if it extended that far.

3. Consecutive numbers shall be assigned on public and private roadways running north-south, for each 20-foot interval commencing from the intersection of the nearest street to the north or from where such street would intersect if it extended that far.

4. The houses or premises located on the south and/or west side of such public or private roadways shall receive odd numbers and the premises or houses on the north and/or east side of such roadways shall receive even numbers.

G. House Number Placement and Specifications. On buildings now or hereafter erected and fronting on any public or private roadway, there shall be conspicuously placed the number as provided by this section. The number shall:

1. Be made of durable material at least six inches in height.

2. Contrast with the color of the building upon which it is placed.

3. Be placed as to be readily visible from the roadway; provided, in the case where the residence is not readily visible from the roadway, the house number shall be placed in a conspicuous location at the entrance to the driveway serving the residence.

H. Notice to Owner Upon Failure to Place Number. If the owner or lessee of any building fails, refuses or neglects to place the number, or replace it when necessary, the building official may cause a notice to be served on such owner or lessee as set out in MICC 19.15.030, Enforcement.

I. Structure Approval by Building Inspector Subject to Proper Affixation of Number. Final approval of any structure erected, repaired, altered or modified after enactment of this section shall be withheld by the city building inspector until a permanent number meeting the specifications set forth in the section has been affixed to said structure. (Ord. 99C-13 § 1).

19.09.060 Right-of-way use.

A. Permits.

1. It is unlawful for anyone to excavate, alter, tunnel under, obstruct, or place any structure upon any public right-of-way without first obtaining a right-of-way permit from the city, or to fail to comply with any conditions attached to such right-of-way permit.

2. No permit shall be issued unless a written application is submitted to the city engineer. The application shall be accompanied by plans, when applicable, showing the extent of the proposed activity.

3. The city engineer may attach conditions to a right-of-way permit, consistent with the provisions of this section, to ensure the public health, safety and welfare.

4. Fees for permits granted under this section shall be established by the city council and assessed in accordance with the provisions as set forth by resolution.

5. It shall be the duty of any permittee under this section to keep the permit and plans at the site of the permitted activity.

B. Indemnification, Performance Guarantees and Liability Protection.

1. Before a permit is issued, the city engineer may require that the applicant provide indemnification and/or guarantees for completion of the permitted activity and liability protection, as provided in MICC 19.01.060.

2. At the city’s discretion, a permittee may establish an annual assignment of funds under MICC 19.01.060 which shall remain in force for at least one year, and which shall be funded in an amount sufficient to ensure performance of the permitted activity during the term of the assignment. If at any time the balance of the fund falls below an amount the city engineer deems sufficient, no further permits shall be issued until the permittee deposits sufficient funds into the account.

C. Routing of Traffic.

1. The permittee shall take appropriate measures to assure that during the performance of the permitted activity, traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public; provided, the city engineer may close streets to all traffic for a period of time if he or she finds it necessary.

2. Through traffic shall be maintained without the aid of detours, if possible. In instances in which this would not be feasible, the city engineer will designate detours. The permittee shall construct all detours at its expense and in conformity with the specifications of the city engineer. The permittee will be responsible for mitigating any damage caused to any streets by the operation of its equipment.

D. Clearance for Fire Equipment. The permitted activity shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants; and no material or obstruction shall be placed in front of a hydrant. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.

E. Protection of Traffic. The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon streets as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across streets under improvement to accommodate vehicular and pedestrian traffic at all street intersections.

F. Removal and Protection of Utilities. The permittee shall not interfere with any existing utility without the written consent of the city engineer and the utility company or person owning the utility. If it becomes necessary to remove an existing utility, this shall be done by its owner or as otherwise approved by the city engineer. No utility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless it makes other arrangements with the utility. In case any of said utilities should be damaged, the cost of repairs shall be borne by the permittee, and its bond or set-aside account shall be liable therefor. The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any utility and its bond or set-aside account shall be liable therefor. The permittee shall inform itself as to the existence and location of all underground utilities and protect the same against damage.

G. Protection of Adjoining Property. The permittee shall at all times and at its own expense preserve and protect from injury any adjoining property by taking measures suitable for the purpose. Where in the protection of such property it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permittee shall obtain a license from the owner of such private property for such purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the permitted activity and shall be responsible for all damage to public or private property resulting from its failure to properly to protect and carry out said work.

H. Sidewalk Excavations. Any excavation made in any sidewalk or under a sidewalk shall be provided with a substantial and adequate footbridge over said excavation on the line of the sidewalk, which bridge shall be at least three feet wide and securely railed on each side so that foot passengers can pass over safely at all times.

I. Protective Measures. The permittee shall erect such fence, railing or barriers about the site of the permitted activity as shall prevent danger to persons using the city streets or sidewalks, and such protective barriers shall be maintained until the work is completed or the danger removed. At twilight there shall be placed upon such place of work and upon any excavated materials or structures or other obstructions to streets, suitable and sufficient lights during the maintenance of such obstructions. It is unlawful for anyone to remove or tear down the fence or railing or other protective barriers or any lights provided there for the protection of the public.

J. Attractive Nuisance. It is unlawful for the permittee to suffer or permit to remain unguarded at the place of the permitted activity any machinery, equipment or other device having the characteristics of an attractive nuisance likely to attract children, and hazardous to their safety or health.

K. Care of Excavated Material. All material excavated from the right-of-way shall be maintained in such manner as not to endanger those working in the trench, pedestrians or users of the right-of-way, and so that as little inconvenience as possible is caused to those using right-of-way and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the excavation or on the street, the city engineer shall have the authority to require that the permittee haul away all the excavated material. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for hauling and disposal of waste material.

L. Damage to Existing Improvements. All damage done to existing improvements during the progress of the permitted activity shall be repaired by the permittee. Materials and workmanship for such repair shall conform with the requirements of any applicable code or ordinance. If, upon being ordered, the permittee fails to furnish the necessary labor and materials for such repairs, the city engineer shall have the authority to cause said necessary labor and materials to be furnished by the city and the cost shall be charged against the permittee, and the permittee shall also be liable on its bond or set-aside account therefor.

M. Cleanup Operations. As the permitted activity progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such permitted activity shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer and in any event immediately after completion of said permitted activity, the permittee shall at its own expense clean up and remove all refuse and unused materials of any kind resulting from the work and, upon failure to do so within 24 hours after having been notified to do so by the city engineer, the work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond or set-aside account provided under MICC 19.06.070.

N. Protection of Drainage Facilities. The permittee shall provide for the flow of all ditches, sewers or drains intercepted during the permitted activity and shall replace the same in as good condition as it found them or shall make such provisions for them as the city engineer may direct. The permittee shall not obstruct the gutter of any street, but shall use all proper measures to provide for the free passage of surface water. The permittee shall make provision to take care of all surplus water, muck, silt, or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide.

O. Tunnels. Tunnels under pavements shall not be permitted except by permission of the city engineer. Where small-diameter pipes or cables are placed under main thoroughfares, concrete streets, state highways, asphalt streets, or wherever designated by the city engineer, such work shall be done by trenchless methods such as jacking, boring casings, or directionally drilling under street surfaces unless the city engineer determines that such methods are not physically feasible.

P. Backfilling. Backfilling in any street opened or excavated pursuant to a permit issued under this section shall be compacted in accordance with city standards.

Q. Restoration of Surface.

1. The permittee shall restore the surface of all streets broken into or damaged as a result of the permitted activity to their original condition in accordance with the specifications of the city engineer. The permittee may be required to place a temporary surface over openings made in paved traffic lanes and sidewalks.

2. Permanent restoration of the street shall be made by the permittee in strict accordance with the specifications prescribed by the city engineer to restore the street to its original and proper condition, or as near as may be possible.

3. Acceptance or approval of any work by the city engineer shall not prevent the city from asserting a claim against the surety bond or set-aside account required under MICC 19.06.070 for incomplete or defective work if discovered within 24 months from the completion of the permitted activity. The city engineer’s presence during the performance of any work shall not relieve the permittee of its responsibilities under this section.

R. City’s Right to Restore Surface.

1. If the permittee has failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit, or fails to prosecute the permitted activity in accordance with the requirements of this section, or has otherwise failed to complete the work covered by such permit, the city engineer, if he or she deems it advisable, shall have the right to do all work and things necessary to restore the street and to complete the work. The permittee shall be liable for the actual cost thereof plus 25 percent of such cost in addition for general overhead and administrative expenses. The city shall have a cause of action for all fees, expenses and amounts paid out and due it for such work, and the city shall also enforce its rights under the permittee’s surety bond or set-aside account provided pursuant to this section.

2. It shall be the duty of the permittee to guarantee and maintain the site of the permitted activity in the same condition it was prior to the work for two years after restoring it to its original condition.

S. Trenches in Pipe Laying. Except by special permission from the city engineer, no trench shall be excavated more than 250 feet in advance of pipe laying, nor left unfilled more than 500 feet where pipe has been laid. The length of the trench that may be opened at any one time shall not be greater than the length of pipe and the necessary accessories which are available at the site ready to be put in place. Trenches shall be shored according to generally accepted safety standards for construction work. No timber bracing, lagging, sheathing or other lumber shall be left in any trench.

T. Prompt Completion of Work. The permittee shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete such work and restore the right-of-way to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the permit therefor.

U. Urgent Work. If in the judgment of the city engineer, traffic conditions, the safety or convenience of the traveling public, or the public interest require that the permitted activity be performed as emergency work, the city engineer shall have full power to order, at the time the permit is granted, that a crew of workers and adequate facilities be employed by the permittee 24 hours a day to the end that such work may be completed as soon as possible.

V. Emergency Action. In the event of any emergency in which a pipeline, conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such pipeline, conduit or utility, without first applying for and obtaining a permit under this section, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. However, such person owning or controlling such facility shall apply for a permit not later than the end of the next succeeding day during which the city engineer’s office is open for business, and shall not proceed with permanent repairs without first obtaining a permit under this section.

W. Dust and Debris. Each permittee shall conduct and carry out the permitted activity in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable any dust or unsightly debris generated by the permitted activity.

X. Preservation of Monuments. The permittee shall not disturb any survey monuments or hubs found on the line of the permitted activity until ordered to do so by the city engineer. All street monuments, property corners, benchmarks and other monuments disturbed during the progress of the work shall be replaced at the direction of the city engineer and the cost of the same shall be paid by the permittee.

Y. Inspections.

1. The city engineer shall make such inspections as are reasonably necessary in the enforcement of this section.

2. The city engineer shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this section.

Z. Maintain Drawings. Users of subsurface street space shall maintain accurate drawings, plans, and profiles showing the location and character of all underground structures including abandoned installations. Corrected maps shall be filed with the city engineer within 60 days after new installations, changes or replacements are made.

AA. Work by the City. An annual right-of-way use permit will be issued to the city for activities included in its annual work program that occur in public rights-of-way and affect traffic.

BB. Liability of City. This section shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any permitted activity for which a right-of-way permit is issued to any party other than the city under this section; nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized under this section, the issuance of any permit to any party other than the city or the approval of any permitted activity. (Ord. 03C-09 § 1; Ord. 99C-13 § 1).

19.09.070 Street vacations.

A. Purpose. The purpose of this section is to set forth the procedure and criteria for vacation of city streets. It is in the best interests of the residents of the city that city streets remain in city ownership unless the applicants for a street vacation clearly demonstrate that there is no public purpose to be served in the retention of ownership of the street or portion thereof sought to be vacated, or that the public interest is best served by the vacation.

B. Sufficiency of Signature. For the purpose of determining the sufficiency of signatures of property owners on a petition for street vacation, the following rules shall govern:

1. Where property is subject to a mortgage, the signature of the mortgagor shall be sufficient.

2. Where property is subject to a contract of purchase, the signature of the contract vendee shall be sufficient.

3. Where property is subject to a deed of trust, the signature of the grantor shall be sufficient.

4. In the case of ownership by partnership or corporation, the signature of any officer authorized by the bylaws or resolution of the partners or board of directors shall be sufficient when evidenced by a copy of the section of bylaws or resolution granting such authority.

5. Where property is subject to a long-term lease (in excess of 25 years) the signature of either the lessor or lessee shall be sufficient.

6. In the case of property subject to a life estate, the signature of the holder of the life estate shall be sufficient.

7. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified personal representative or guardian shall be sufficient.

C. Petition or Resolution for Vacation. The owners of an interest in real property abutting upon any city street who desire to vacate such street, or any part thereof, may petition the city council for vacation of the street, giving the description of the portion sought to be vacated; or the city council may itself initiate a vacation procedure by passing a city council resolution. The petition or resolution shall be filed with the city clerk. The proposed street vacation shall be processed by the city engineer or a designee.

D. City Council Meeting – Time Fixed.

1. Petition Method. If the petition for street vacation is signed by the owners of more than two-thirds of the property abutting upon the part of the street sought to be vacated, the city council by resolution shall fix a time when the petition shall be heard by the council. The date shall not be more than 60 days nor less than 20 days after the date of the passage of such resolution.

2. Resolution Method. In cases where street vacation is initiated by city council resolution, the resolution shall include the city council hearing date for the proposed vacation.

E. Report and Recommendation.

1. All requests for street vacation, whether by petition or resolution, shall be submitted to city staff for report and recommendations to the city council.

2. In addition, all such requests for street vacation, whether by petition or resolution, shall be considered by the planning commission.

F. Public Notice. Public notice of a proposed street vacation shall be made in accordance with the procedures set forth in MICC 19.15.020; provided, at least 20 days prior to the city council meeting on the proposed street vacation, and at least 20 days prior to consideration by the planning commission, the city clerk shall issue written notice of the hearings which shall be:

1. Posted in three of the most public places in the city and in a conspicuous place on a portion of the street proposed for vacation, or at a nearby location that can be viewed by the public; and

2. Mailed to residents of property located within 300 feet of the portion of the street or alley sought to be vacated.

G. Resolution Method – Divestiture of Jurisdiction to Proceed. If 50 percent or more of the abutting property owners file written objection to the proposed vacation with the city clerk prior to the time of hearing, the city shall be prohibited from proceeding with a proposed street vacation initiated by resolution.

H. Criteria for Granting Vacation. The city council shall grant the requested vacation; provided:

1. The applicants can demonstrate that:

a. Granting the vacation will not conflict with the general purposes and objectives of the city’s comprehensive plan as to land use, streets, utilities, drainage, parks, trails, and open space;

b. The street or portion thereof, is not likely to serve a useful public purpose both now and in the future, which cannot be met through use of easements for a specific purpose, or the vacation will best serve the public interest;

c. The vacated area will not increase the number of single-family building sites or multifamily density. This may be mitigated by appropriate conditions on the vacated area per subsection K of this section;

d. The request for vacation was not initiated to correct a condition created by an applicant in violation of city ordinance; and

e. The vacated area cannot be used to increase commercial density. This may be mitigated by appropriate conditions on the vacated area per subsection K of this section.

2. The city shall not vacate a street if any portion of the street abuts Lake Washington unless the following additional criteria are satisfied:

a. The vacation is sought by the city to enable it to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;

b. The city, by resolution of the city council, declares that the street is not presently being used as a street and that the street is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or

c. The vacation is sought to enable the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets sought to be vacated abut, had the properties included in the plan not been vacated.

3. Before adopting a resolution vacating a street under subsection (H)(2) of this section, the city shall:

a. Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the street sought to be vacated;

b. Conduct a study to determine if the street to be vacated is suitable for use by the city for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;

c. Hold a public hearing on the proposed vacation in the manner required by subsection D of this section and provide public notice of the hearing as set out in subsection F of this section, where the notice shall indicate that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the city indicating his or her objection; and

d. Make a finding that the street sought to be vacated is not suitable for any of the purposes listed under subsection (H)(3)(b) of this section, and that the vacation is in the public interest.

I. City Council Decision. At the conclusion of the public hearing the city council may take the following action:

1. Pass an ordinance granting the proposed vacation either in whole or in part; or

2. Pass a motion denying the proposed vacation; or

3. Pass a motion of intent to vacate stating that the city council will, by ordinance, grant the vacation if the applicant meets certain conditions within a stated period of time.

J. Granting – Conditions.

1. If the city council decides to grant the vacation, such action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use, benefit or interest, such as, but not limited to:

a. Reserving within the portion of the street that is vacated easements for access, construction, repair and maintenance of public utilities; for trails; or for other public necessities; and

b. Land use restrictions such as, but not limited to, not allowing the area of the vacated portion being used as a part of the abutting property area if the vacated area allows increases in building density or the number of single-family homes.

2. The city council may require that the owners of property abutting upon the street, or part thereof so vacated, compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated; provided, no vacation of a street abutting Lake Washington shall be effective until the fair market value has been paid for the street that is vacated. Moneys received from the vacation shall be used by the city for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites.

K. Effective Date.

1. No ordinance granting a vacation in exchange for real property as set forth below shall become effective until instruments of conveyance approved by the city attorney have been accepted by the city council.

2. Where the city council has required compensation for the street vacation, no ordinance granting such vacation shall become effective until the owners of property abutting upon the portion of the street to be vacated have compensated the city in the appropriate amount, as provided in subsection M of this section; provided, however, in the event the street or portion thereof to be vacated was acquired at public expense, compensation may be required in an amount equal to the full appraised value of the portion vacated.

3. A certified copy of the ordinance granting vacation shall be recorded by the city clerk in the office of the King County department of records within 30 days of the effective date of the ordinance.

L. Procedure for Compensation.

1. Upon a finding that the criteria for granting a vacation have been met, the city council may conditionally approve the vacation and direct the city manager or his/her designee to secure an appraisal of the portion or the street or alley to be vacated and an estimate of the cost of the appraisal. The applicants shall then post with the city clerk a cash deposit equal to the estimated appraisal cost to guarantee payment for the appraisal.

2. Upon notification that the amount of required compensation for the vacation has been established, the applicants shall have 90 days to deposit that amount, together with appraisal costs with the city clerk. Credit shall be given for the appraisal cost deposit previously made. If the required compensation and appraisal costs are not made within the allocated time period, the conditional approval of the vacation shall lapse and the portion of the appraisal cost deposit not expended on the appraisal shall be returned to the applicant.

3. Determination of appraised value shall be made by appraisal of the portion of the street to be vacated with value determination based on highest and best use. Any easement or other public rights retained by the city or dedicated to the city shall be considered in the appraisal. The appraisal cost shall be borne by the applicant and shall be added to the amount of compensation to be received by the city for the vacation.

4. In lieu of total or partial monetary compensation, the applicant may offer to the city a grant or dedication of real property useful for street or other public purposes. The city council shall not be obligated to accept such exchange. (Ord. 08C-01 § 5; Ord. 99C-13 § 1).

19.09.080 Moving of buildings.

A. Permit Required. Moved buildings shall meet all applicable construction code and development code regulations. Per MICC 17.14.010, Section 102.7, moved buildings shall obtain construction permits prior to moving buildings into or within the city. Additionally, it is unlawful for any person to move any building over, along or across any highway, street, alley or public place in the city without first obtaining a right-of-way permit from the city engineer.

B. Application for Right-of-Way Permit.

1. Before a permit can be issued, an application must be submitted to the city engineer pursuant to MICC 19.09.060 at least 21 days before the proposed move.

2. Applications shall be submitted on forms provided by the city engineer, and shall contain:

a. Location of the building to be moved;

b. Proposed new location of the building;

c. Dimensions of the building when loaded;

d. Proposed route for moving; and

e. Any other information deemed necessary by the city engineer.

3. The city engineer shall route copies of the application to the police department and the maintenance department for review.

C. Deposit for Expense of City. Upon receipt of an application, the city engineer shall estimate the expense of removing and replacing any property of the city necessary to move the building through the city, together with the cost of materials necessary to be used in making such removals and replacements. Prior to the issuance of the permit, the city engineer shall require the applicant to deposit a sum of money equal to twice the amount of the estimated expense.

D. Surety Bond – Liability Insurance. As set out in MICC 19.01.060, an application for a right-of-way permit to move a building shall be accompanied by the following, unless waived by the city engineer:

1. A bond or funds for a set-aside account sufficient to:

a. Indemnify the city for the following:

i. Loss sustained by the city due to damage or injury to any highway, street or alley, sidewalk or other property of the city caused by or incidental to moving the building over, along or across any street in the city; and

ii. The cost of removing the structure if the applicant should abandon it before the move is completed; and

iii. The cost of placing the original premises in a safe and sanitary condition where the applicant has failed to do so; and

b. Guarantee that liability insurance remain in full force and effect during the moving operation and hold the city harmless from all claims arising from the moving operation.

E. Conditions for Securing a Right-of-Way Permit.

1.  As a condition of securing the permit, the applicant shall:

a. Furnish the city with a set of plans and specifications for the completed building; and

b. Prior to making any application for such permit, or within 10 days after making such application, remove sufficient portions of all of the interior or exterior walls, ceiling or flooring as may be necessary to permit the building official to examine the materials and type of construction of such building to ascertain whether it will comply with the development code and related codes of the city.

2. If the building is to be moved onto a site location within the city, no permit shall be granted unless the building official after inspection of the building certifies in writing that:

a. The structure to be moved will comply with the development code; and

b. That the requirements under subsection G of this section have been satisfied.

F. Inspection by Building Official. The building official shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a permit are met.

G. Standards for Issuance. The city engineer shall refuse to issue a permit if the applicant cannot successfully demonstrate the following:

1. That application fee or deposit requirements have been complied with;

2. That the building can be moved without endangering persons or property in the city;

3. That the applicant’s equipment is safe and that persons and property would not be endangered by its use;

4. That the development code would not be violated by the building in its new location;

5. Approval of the application by the police department and maintenance department shall be a condition precedent to issuance of the permit;

6. That all affected public and private utilities, including those involved with electricity, gas, telephone, cable, water and sewer have been notified of the time of the move and the route to be followed.

H. Fees and Deposits.

1. Return upon Nonissuance. Upon the refusal of the city engineer to issue a permit, the city engineer shall return to the applicant all deposits and bonds, except the application fee.

2. Return upon Allowance for Expense. After the building has been moved, the city engineer shall prepare a final written statement for all expenses incurred by the city in removing and replacing all property belonging to the city, and all material used in the making of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the city; provided, the permittee shall not be liable for the cost of removing wires, poles, lamps or other property whose location is not in conformity with governing ordinances. The city engineer shall return to the applicant all deposits after deduction of a sum sufficient to pay for all of the cost and expenses and for all damage done to property of the city by reason of removal of the building.

I. City Engineer to Designate Street for Removal. The city engineer shall designate the streets over which the building may be moved and shall have the route approved by the police department. In making their determinations the city engineer and the police department shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets.

J. Maximum Time for Move. The city engineer shall designate the time within which the move must be completed. If more than one day will be required to move the building, the city engineer shall designate where the building may be located when not being moved, and how it shall be equipped to warn the public of the danger involved. The applicant shall comply with such designations.

K. Compliance with Traffic Regulation. Except insofar as the permit shall authorize excess height, width, or weight, the permittee shall comply with all applicable traffic regulations.

L. Duties of Permittee. Every permittee under this chapter shall:

1. Use Designated Streets. Move a building only over streets designated for such use in the written permit;

2. Notify of Revised Moving Time. Notify the city engineer in writing of a desired change in moving date and hours as proposed in the application;

3. Notify of Damage. Notify the city engineer in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred;

4. Display Lights. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building;

5. Street Occupancy Period. Remove the building from the city streets after 24 hours of such occupancy, unless an extension is granted by the city engineer;

6. Pay Expense of Officer. Pay the expense of traffic officer(s) ordered by the city engineer to accompany the movement of the building to protect the public from injury; and

7. Clear Old Premises. If the move is from a site within the city, the construction permit for the moved building shall include removal of all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition.

M. Enforcement.

1. Enforcing Officers. The city engineer and the police department shall enforce and carry out the requirements of this section.

2. Permittee Liable for Expense above Deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities.

3. Original Premises Left Unsafe. The city shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where permittee does not comply with the requirements of this section, and the cost thereof shall be charged against the general deposit. (Ord. 10C-08 § 1; Ord. 06C-06 § 2; Ord. 99C-13 § 1).

19.09.090 Building pad.

A. Designation. New subdivisions must designate a building pad for each lot as follows:

1. The applicant must determine the location of a building pad by considering vegetation, topography, critical areas, and the relationship of the proposed building pad to existing/proposed homes. Access to the building pad must be consistent with the standards for driveway access contained in MICC 19.09.040.

2. Building pads shall not be located within yard setbacks, rights-of-way and critical areas or its buffers; provided, however, building pads may be located within landslide hazard areas when all of the following are met: (a) a qualified professional determines that the criteria of MICC 19.07.060(D), Site Development, is satisfied; (b) building pads are sited to minimize impacts to the extent reasonably feasible; and (c) building pads are not located in steep slopes or within 10 feet from the top of a steep slope, unless such slopes, as determined by a qualified professional, consist of soil types determined not to be landslide prone.

3. No cross-section dimension of a building pad shall be less than 20 feet in width.

B. No Designated Building Pad Area. On lots without a designated building pad area, development shall be located outside of critical areas unless otherwise allowed by Chapter 19.07 MICC. (Ord. 10C-07 § 4; Ord. 10C-06 § 3; Ord. 05C-12 § 8).

19.09.100 Preferred practices.

The applicant must use reasonable best efforts to comply with the following preferred development practices:

A. Use common access drives and utility corridors.

B. Development, including roads, walkways and parking areas in critical areas, should be avoided, or if not avoided, adverse impacts to critical areas will be mitigated to the greatest extent reasonably feasible.

C. Retaining walls should be used to maintain existing natural slopes in place of graded artificial slopes. (Ord. 05C-12 § 8).