Chapter 11.08
ENCROACHMENTS, OBSTRUCTIONS AND CONSTRUCTION OF HIGHWAYS AND SIDEWALKS
Sections:
11.08.020 Permittee requirements.
11.08.050 Security requirements.
11.08.070 Restrictions on use of material.
11.08.100 Roadway maintenance.
11.08.110 Control of driveway encroachments.
11.08.120 Right-of-way dedication – Required.
11.08.135 Construction of street improvements, curbs, gutters and sidewalks.
11.08.140 Effect of failure to construct.
11.08.160 Deviations from chapter.
11.08.010 Permit – Required.
No person, firm or corporation shall fill in, place, construct, leave or deposit over, under or upon any street, alley or other public place any structure, building material, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, disturb, or interfere with the free use thereof or cause a dangerous condition thereon, without first obtaining a permit in writing from the city engineer to do so. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.020 Permittee requirements.
The permit shall require that the person to whom the same is issued shall give the city engineer 24 hours’ notice of the commencement of such work, shall carry on such work to the satisfaction of and subject to the approval of the city engineer, shall diligently prosecute the same to completion, shall leave the street in a good, clean and safe condition, shall at all times keep signal lights or other proper warnings displayed sufficient to give any one going upon the street, alley or public place such warning as may be necessary to prevent injury, and that such permittee shall comply with such additional provisions and conditions as may be prescribed by the city engineer. If the acts desired to be done require the disturbing of any improvement on the street, alley or other public place, the permit shall require that the permittee shall restore such improvement to its original and proper condition and that if the permittee fails to so do, the city engineer may cause the necessary restoration to be made at the expense of the permittee. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.030 Notice of issuance.
Immediately upon the issuance of any permit allowing the improved portion of any street commonly used as a thoroughfare to be obstructed to vehicular traffic, the city engineer shall give written notice thereof to the chief of the fire department and shall also cause notice to be given to the chief of the fire department immediately upon the completion of the acts allowed under such permit. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.040 Traffic control.
Any person by whom or under whose immediate authority as principal, contractor or employee, any portion of any street, alley or public place may be obstructed or made dangerous, shall erect and, so long as the obstruction or danger shall continue, maintain around the portion of the street, alley or public place so obstructed or made dangerous, traffic-control devices in accordance with the MUTCD, and as approved by the city engineer. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.050 Security requirements.
(1) Before a permit pursuant to the provisions of this chapter may be issued the applicant may be required to execute to the city a bond in such sum as shall be designated by the city engineer as necessary (but not less than 150 percent of the estimated cost of the improvements) for the proper protection of the city and conditioned that obligors of the bond will pay to the city the costs and expenses incurred by the city should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limit specified by said permit (with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission).
(2) In lieu of special bonds to cover particular work, an applicant may maintain with the city a general bond in the sum of $5,000 conditioned and used for the same purpose as the special bond described in subsection (1), and covering all work to be done rather than any particular work, provided, however, that the total work being performed shall not exceed $5,000.
(3) Before a permit shall be issued for any of the purposes designated in this chapter, any applicant, with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission shall file with the city engineer a certificate of insurance evidencing commercial general liability insurance with minimum limits of $1,000,000 combined single limits per occurrence, and a copy of the endorsement naming the city as an additional insured. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.060 Inspection.
If, in the city engineer’s judgment, the nature of the work shall be such as to require inspection on behalf of the city, either during the progress of the same or after the completion thereof, or both, the city engineer may inspect the same and charge a reasonable sum therefor. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.070 Restrictions on use of material.
No permit shall be issued under the provisions of this chapter in any instance in which the applicant will store, use, mix or process building materials on the paved portion of any street, alley or other public place until the applicant shall deposit with the city engineer, the additional sum to be determined by the city engineer. No mortar, cement, plaster, asphalt or similar materials shall be mixed, used or processed on any paved portion of any street, alley or public place unless such is done in a suitable machine, box or container and in such a manner that none of the material shall spill or in any manner come in contact with the street, alley or other public place or any part thereof be washed into the gutters or sewers. Should the permittee fail to properly clean the street, alley or public place of any and all debris and other materials occasioned by the work done by the permittee, the city engineer shall cause such debris or other materials to be removed and the cost of such removal shall be deducted from said deposit. Should the amount of the deposit be insufficient to meet the cost of restoring the street to a good and clean condition, the excess required shall be charged against the funds on deposit as provided in PMC 11.08.050. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.080 Fence permit.
The city engineer may issue a permit for fencing within the street right-of-way, provided: (1) The fence shall meet the requirements of the city’s zoning regulations; and (2) that the city’s master plan does not provide for further widening or improvements of the right-of-way. (Ord. 2373 § 2, 1993).
11.08.090 Landscape permit.
(1) The department of planning and community development may permit the planting of trees, flowers, or other landscape decoration within the sidewalk area; provided, that such planting leaves at least an equal or greater width as called for in PMC 19.10.070 of clear and unobstructed sidewalk area.
(2) The public works department shall review and approve all proposed right-of-way landscaping for safety, sight-distance, and roadway maintenance issues.
(3) Species of trees and shrubs selected must be approved by the department of planning and community development.
(4) All maintenance and care of such authorized landscaping shall be the responsibility of the property owner. If the property owner fails to maintain said landscape, the city shall remove it at the owner’s expense.
(5) Whenever any injury or damage to any person or property shall be proximately caused by the planting of landscape decoration, the abutting property where the injury or damage occurs, the owner and/or any person, firm, or corporation occupying or having charge or control of said abutting property shall be liable to the city for all damages or injuries, costs and disbursements which the city may be required to pay to the person injured or damaged, which sums shall include all costs and attorney’s fees incurred by the city in defense of any action.
(6) The abutter shall have no liability in the event that the dangerous, defective or hazardous condition was caused, created or constructed by the city or its employees, and the condition created by the city is unchanged by any act or failure to act of the abutter. (Ord. 2451 § 1, 1995; Ord. 2373 § 2, 1993).
11.08.100 Roadway maintenance.
(1) The department of public works shall have the authority to order the removal of vehicles from the roadway for purpose of emergency and regularly scheduled roadway maintenance or snow removal.
(2) In the event of an emergency, the department of public works shall have the authority to order the removal of vehicles without prior notice to the owner. No expense shall be incurred by the owner of said removed vehicle.
(3) In the event of regularly scheduled roadway maintenance, the department of public works shall post the roadway a minimum of 24 hours in advance. Vehicles remaining after the 24 hours’ notice shall be relocated at the expense of the owner. (Ord. 2373 § 2, 1993).
11.08.110 Control of driveway encroachments.
(1) All new driveway approaches shall have an asphalt paving or concrete surface from the edge of the traveled lane to the property line and shall be sloped to assure storm water discharge will not adversely affect the city or other properties, as determined by the city engineer.
(a) All driveway culverts shall be not less than 15 inches in diameter nor less than 20 feet in length.
(b) All driveway approaches which require a 24-inch diameter or larger culvert shall have concrete headwalls at each end.
(c) All driveway approaches which require a swale shall be designed so that the roadside drainage will not be impaired.
(2) It is unlawful for any person or firm to construct a driveway approach without authorization and a permit as required in this chapter.
(3) All construction shall be as specified in the design standards and specifications adopted by the city.
(4) Except as otherwise provided for herein, no driveway entrances shall be wider than 30 feet exclusive of the return radii. Except as otherwise provided for herein, the total width for all driveways on one ownership on any one street shall not exceed 50 percent of that ownership along the particular street. There are no standard conditions which will automatically warrant an exception to the above location and size and number of driveways. If for some reason the city engineer agrees that an exception is justified, he may grant an exception in writing but no precedent shall be thus established and each exception shall be considered on its own merits. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).
11.08.120 Right-of-way dedication – Required.
No building permit or development permit shall hereafter be granted for the construction or substantial improvement of any industrial, commercial or residential building, or plat unless the plans and specifications therefor contain provisions for the dedication to the city of sufficient street right-of-way for the classification of the street abutting the property according to the street plans and street development needs of the city for that street. “Substantial improvement” as used in this chapter shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. “Substantial improvement” does not, however, include either:
(1) Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a “historic structure” listed on the National Register of Historic Places or a state inventory of historic places. (Ord. 3234 § 1 (Exh. A), 2021; Ord. 2373 § 2, 1993).
11.08.130 Street improvements, curbs, gutters and sidewalks – Construction required.
Repealed by Ord. 3234. (Ord. 2853 § 1, 2006; Ord. 2574 § 1, 1998; Ord. 2466 § 1, 1996; Ord. 2451 § 1, 1995; Ord. 2405 § 1, 1994; Ord. 2373 § 2, 1993).
11.08.135 Construction of street improvements, curbs, gutters and sidewalks.
The intent of this section is to ensure that the community will be required to bear no more than its fair share of public facilities and services and development provides its fair share of public infrastructure that is roughly proportional to the scale of the proposed project. Notwithstanding the provisions of this section, any conditions of approval of a parcel as part of platting or a common plan of development shall still apply.
(1) Residential Infill Lots. For the purposes of this policy, “infill” lots are individual parcels which were legally created and comprised of a singular single-family residence, duplex, or triplex project. Any person or entity who constructs or causes to be constructed any structure improvements which meet the level of substantial improvement as defined in PMC 11.08.120 on property fronting any dedicated street or other publicly owned street or alleyway shall construct curb, gutter, planter strips, street trees, sidewalks, storm drainage, street lighting, and one-half street paving (only required if the existing pavement condition is poor) in accordance with the city’s Public Works Engineering and Construction Standards and Specifications. The frontage improvements shall be required along all street frontage and alleys adjoining the property and any reasonable access to the property. Frontage improvements shall also be required where any reasonable access to the property connects to the public right-of-way, although the primary access is located on another parcel. The scope of the required frontage improvements may be scaled by the city to be proportional to the in-fill lot development.
In the case of repair or replacement of a residential structure as a result of fire or natural disaster the frontage improvements will not be required; provided, that there is no expansion of the building footprint.
The improvement requirement is applicable within any residential zone, as well as for residential home projects within nonresidential zones. Within RS-35, the lowest density residential zone, curb, gutter, planter strips, and street trees will not be required in order to maintain the rural character. One-half street paving shall be required if the existing paving is in poor condition, gravel shoulders, and storm drainage if necessary to accommodate runoff. Street lighting may be required based on if lighting will enhance safety at an intersection.
(2) Nonresidential Tenant Improvements. Any person or entity who constructs or causes to be constructed any nonresidential tenant improvement on an existing structure which is not an expansion of the building footprint shall construct frontage improvements when the remodel valuation exceeds $500,000 and the proposed project meets the definition of “substantial improvement,” as defined in PMC 11.08.120, based on the value of the commercial unit being remodeled. Nonresidential frontage improvements shall consist of curb, gutter, planter strips, street trees, sidewalks, storm drainage, street lighting, and one-half street paving (only required if the existing pavement condition is poor) in accordance with the city’s Public Works Engineering and Construction Standards and Specifications. The frontage improvements shall be required along all street frontage and alleys adjoining the property upon which such tenant improvements will be placed. Frontage improvements shall also be required where any reasonable access to the property connects to the public right-of-way, although the primary access is located on another parcel. Subject to the following conditions:
(a) Within the downtown business zones of CBD and CBD Core frontage improvements will be required when the value of remodel exceeds 75 percent of the value of the commercial unit being remodeled and exceeds $500,000 remodel valuation.
(b) Remodel valuation will be given by the applicant on the application but may be verified by the city using usage types and costs based on square footage.
(c) Costs of business equipment and costs associated with seismic retrofits shall not count toward remodel valuation when calculating the requirement for frontage improvements. The applicant will provide documentation of the costs contemplated in this subsection in order for such costs to be deducted from the remodel valuation.
(d) Value of the commercial unit being remodeled will be calculated using the assessor’s listed building valuation or a prorated valuation when connected to a larger structure. Land values shall be determined using assessor’s listed land values.
(e) Scope of frontage improvements shall be capped at 10 percent of remodel valuation; however, this limit shall not apply to projects that have frontage improvement requirements imposed by a SEPA, CUP, or another mitigation or conditioning document. The unit cost of frontage improvement elements will be established by the city and posted on the city’s website. The city will determine the priority of required frontage improvement elements when attempting to reduce the scope to stay under the cap.
(3) New Commercial/Industrial Buildings or Expansion of Existing Buildings. Any person or entity who constructs or causes to be constructed any new commercial/industrial building or expansion of an existing commercial/industrial building either of which have a structure improvement value exceeding $200,000 in valuation shall construct curb, gutters, planter strips, street trees, sidewalks, storm drainage, street lighting, and one-half street paving (only required if the existing pavement condition is poor) in accordance with the city’s Public Works Engineering and Construction Standards and Specifications. The frontage improvements shall be required along all street frontage adjoining the property upon which such building will be placed. Frontage improvements shall also be required where any reasonable access to the property connects to the public right-of-way, although the primary access is located on another parcel. There is no cap on frontage improvements for new buildings or expansion of existing buildings.
(4) Subdivision of Lands Through Short Plats and Formal Plats. Any subdivision of land as part of a short plat or formal platting process shall require curb, gutters, planter strips, street trees, sidewalks, storm drainage, street lighting, and one-half street paving (only required if the existing pavement condition is poor) in accordance with the city’s Public Works Engineering and Construction Standards and Specifications. The frontage improvements shall be required along all street frontage adjoining the properties created by the land division process. Frontage improvements shall also be required where any reasonable access to the property connects to the public right-of-way, although the primary access is located on another parcel.
(5) Fee-in-Lieu Program.
(a) The applicant may request and submit justification to pay a fee rather than constructing all or part of the required frontage improvements. Allowance of fee-in-lieu shall be at the discretion of the city and may be denied if the city engineer determines it will be more beneficial to the public to have the frontage improvements built along the street frontage adjoining the property or access to the property. The city will consider the following:
(i) The feasibility of accurately constructing improvements both horizontally and vertically to effectively drain runoff;
(ii) Whether constructed improvements can transition and connect smoothly with existing adjacent sites; and
(iii) Whether other frontage improvements will likely connect into the applicant’s required improvements within a reasonable time frame.
(b) The justification to allow use of the fee-in-lieu program shall not be based on cost savings to applicant in comparison with constructing required improvement adjacent to the property. The program will be administered with the following conditions:
(i) Fees collected will be used towards pedestrian safety improvements, which could include lighting in the vicinity, ideally within one-half mile but up to one mile, from the contributing parcel in order to ensure that the improvements maintain a sufficient nexus to the project.
(ii) Fees for residential infill lots and commercial tenant improvements shall be based on linear frontage of developing parcel. The fees will be posted on the city’s web page, “Fee-In-Lieu Program” and are initially set at $200.00 per linear foot of frontage where no concrete curb exists and $100.00 per linear foot with existing curb. The fees will be adjusted annually according to construction cost indices. If use of the fee-in-lieu program is for only a portion of the required frontage improvements, the fee will be established at an adjusted rate by the city engineer. If used for required frontage improvements from land subdivisions (formal plats, short plats, or binding site plans) and new commercial/industrial developments the fee will be developed based on the costs of installing the required improvements along the frontage of the development.
(iii) The fees shall be capped at 15 percent of remodel or project valuation.
(iv) Dedication of necessary right-of-way shall not be deferred or satisfied through payment of a fee-in-lieu.
(v) The city shall track the collection of fees and the location of improvements funded by fees collected.
(6) Adequate Frontage Improvements Exist. The provisions of this section shall not apply where adequate frontage improvements: curbs, gutters, sidewalks, planter strips, storm drainage, street lighting, and paving already exist. Whether frontage improvements already exist in accordance with the city’s standard specification shall be determined in each instance by the city engineer and an endorsement to that effect shall be made upon each building permit at the time of issuance. (Ord. 3234 § 1 (Exh. A), 2021).
11.08.140 Effect of failure to construct.
The building official shall deny final approval and shall refuse to allow final public utility connections to any such building or dwelling unless curbs, gutters and sidewalks, where required by this chapter, are constructed, or unless a surety to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of such improvements as determined by the city engineer, and provided such construction of the improvements are completed within 90 days. (Ord. 2373 § 2, 1993).
11.08.150 Modification of requirements by reason of inadequate drainage.
Repealed by Ord. 3234. (Ord. 2373 § 2, 1993).
11.08.160 Deviations from chapter.
(1) Deviation from the application of this chapter may be granted by the city engineer upon the finding that deviation from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the subject property, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.
(2) Any person aggrieved by the decision of the city engineer regarding deviation from the provisions of this chapter may appeal such decision to the hearings examiner as outlined in PMC 11.04.080. (Ord. 2373 § 2, 1993).