Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.006 Tree preservation.
12.04.008 Datum point established.
12.04.010 Demolition work.
12.04.020 Right-of-way permit.
12.04.030 Permits--Time limits.
12.04.040 Right-of-way encroachments--Inspections and fees.
12.04.045 Access to services for use of public right-of-way.
12.04.050 Permit expiration.
12.04.060 Issuance of permits not contingent on hookup to available sewer.
12.04.006 Tree preservation.
Existing trees shall be preserved and/or replaced consistent with the requirements of Chapter 16.12, Tree Preservation, of the Woodway Municipal Code. (Ord. 05-453 § 1, 2005)
12.04.008 Datum point established.
A. The North American Vertical Datum of 1988 (NAVD88) and the North American Datum of 1983 (1991 adjustment) (NAD83 (1991)) are adopted as the official vertical and horizontal datums of the town of Woodway; said datums being defined by a series of stable, monumented points and reference stations established and maintained by the United States National Geodetic Survey.
B. Work which constitutes the "practice of engineering" or the "practice of land surveying," as defined in Chapter 18.43 RCW, including but not limited to, land survey maps, plans, records of surveys, plats, short plats, descriptions of real property, and boundary line adjustments, which are performed by or for the town of Woodway, or on properties and/or infrastructures owned, funded or maintained by the town of Woodway, shall reference the NAVD88 datum when there is a vertical component of the work or whenever an elevation is noted; and shall reference the NAD83 (1991) datum whenever there is any reference to a horizontal datum (any reference to bearings, azimuths, or geographical or state plane coordinates).
C. All land survey maps and plans, records of surveys, plats, short plats, boundary line adjustments, and legal descriptions submitted to the town for its approval, and all plans, elevations, maps, drawings and legal descriptions submitted to obtain permits for construction and development of private improvements, shall reference the NAVD88 datum when there is a vertical component of the work or whenever an elevation is noted, and shall reference the NAD83 (1991) datum when there is any reference to a horizontal datum (any reference to bearings, azimuths, or geographical or state plane coordinates). (Ord. 06-467 § 1, 2007)
12.04.010 Demolition work.
A. Prior to commencement of any complete or partial demolition of a residence, guest house, detached outbuilding, or swimming pool, the owner shall obtain a building permit for the demolition work. This requirement is waived when partial demolition is an integral part of work included within the scope of a valid building permit, or when the structure being demolished covers less than two hundred fifty square feet of ground surface, and is supported at grade.
B. Application for permit shall include this information:
1. Identification of owner, property location and contractors;
2. Description of work to be done;
3. Description of removal method of demolition material (refuse), including plans for protection of public safety and protection of public property from refuse spills, and for cleanup in case of spills;
4. Description of plans for filling or capping holes and excavations, and for removing above grade obstructions. (Ord. 04-447 § 1(part), 2004; Ord. 98-344 § 1)
12.04.020 Right-of-way permit.
A. Prior to commencement of any work within any public right-of-way, the person desiring to do the work shall obtain a right-of-way permit.
B. Applications for right-of-way permit shall include this information:
1. Identification of owner and contractor;
2. Location of work;
3. Description of work to be done, including detailed specifications and plans, and description of restoration and cleanup work;
4. Schedule for performing the work;
5. Certified copy of cost estimate for work (commercial work only).
C. Three classes of work are established:
1. The homeowner classification is limited to installation or repair of residential driveway access to a public street or roadway and minor alterations to the town’s right-of-way conducted by the homeowner or their designee;
2. The minor utilities classification will include all routine maintenance activities on existing services not needing engineering approval as determined by the Director of Public Works;
3. All other work is classified as major utilities.
D. All the work shall be done following the direction of the public works department, and the entire expense of any required engineering services shall be borne by the party or parties to which the permit is issued.
E. Existing pavements shall not be breached, except by special permission from the Director of Public Works, and by posting of a bond, running to the town, in an amount sufficient to restore pavement to original condition up to one year after original restoration is made. Pavement restoration shall be made according to specifications prepared by the Town Engineer and shall include well-placed and compacted select backfill and multiple-lift asphaltic concrete paving.
F. Nonpaved areas of the public right-of-way shall be restored to the original grade and contour. Excavations shall be backfilled using select materials, well-placed and compacted, all as specified by the Town Engineer.
G. A culvert of material and size suitable to the Town Engineer shall be installed in the road ditch before a driveway is constructed, unless the driveway crosses an established walkway, or in the opinion of the Town Engineer, would not impede drainage along the roadway.
H. All concrete and tile driveways must have a full expansion joint where it meets the edge of the street or walkway and a full expansion joint at the property line. Driveways which have a positive slope toward the street should be installed with a suitable collection system as determined by the Town Engineer prior to entering the town’s storm water system.
I. If the town officials find it necessary to cut, remove or drill underneath an area of paving presently installed in the town’s right-of-way by an adjacent property owner either before or after the date of the ordinance codified in this chapter, and if the paving consists of any material other than an asphalt mix or gravel, said adjacent property owner is responsible for all cost incurred by the town including but not limited to cutting, removing earth, drilling and restoration. This subsection shall apply to the adjacent property owner and successors in interest.
J. Where a driveway crosses an established walkway, the applicant is responsible for strengthening the walkway crossing to carry vehicular loadings.
K. A road cut permit shall be required whenever the pavement in the right-of-way is disturbed with fees payable as set forth in Section 3.32.010. For roads that have been overlaid within five years and roads that have been reconstructed within seven years and in the event that the road needs to be cut, the following conditions shall be applied: A one-hundred-foot (fifty feet in each direction from the edge of the cut) shall be overlaid. If the cut is contained to one lane then only that lane shall be overlaid. If the cut transverses into both lanes then the entire width of the road shall be repaired. The fifty-feet in either direction shall require a grinding down one and one-half to two inches and a tapered inlay replacement. The replacement is to be to the current standards in the right-of-way standard conditions with one exception. The exception from the standard conditions shall be to expand the one foot back from trench to two feet back from trench. All other road surfaces shall have the same requirements with the exception of a twenty foot (ten feet in each direction from the edge of the cut) inlay. If the road surface is in the Town’s six-year street plan for an overlay or reconstruction, the requirement may be waived. (Ord. 08-494 § 1, 2008; Ord. 04-447 § 1 (part), 2004; Ord. 04-433 § 1, 2003: Ord. 98-344 § 1)
12.04.030 Permits--Time limits.
All permits issued under Sections 12.04.010 and 12.04.020 of this chapter expire ninety days from issue date, but may be renewed for additional thirty-day periods, upon application to the Town Engineer. (Ord. 04-447 § 1(part), 2004; Ord. 98-344 § 1)
12.04.040 Right-of-way encroachments--Inspections and
fees.
A. Right-of-way use and private property accessories: The Town’s rights-of-way shall be used for motorized and non-motorized transportation purposes, public utilities, roadside vegetation and access to adjoining private property. Private property accessories, including but not limited to hard landscaping, and other items that may pose a hazard to the safe and convenient use of the Town’s rights-of-way, shall not be installed or maintained in public rights-of-way. A clear zone of eighteen inches, measured from the pavement edge of the driving surface parallel to the right-of-way, shall be maintained free of any hard surfaced materials or obstructions.
B. Vegetation that encroaches on the Town’s walkways may present a hazard to pedestrians. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the walkway or roadway, except that trees may extend over the walkway when kept trimmed to a height of eight feet above the same. If the Public Works Director determines that any such vegetative encroachment is a hazard, the property owner shall be notified and shall remove the encroachment within fourteen days.
C. Removal of hazardous items: The Public Works Director will determine whether an accessory and/or vegetation in the public rights-of-way presents a hazard, and will so notify the property owner. After receiving such notice, the property owner shall cause such accessories to be removed within fourteen days. The Director may extend the removal period upon showing by the owner of special circumstances that require a longer time period to remove accessories.
D. Inspections and fees: All installations and/or repairs of driveways, residential storm drainage basins, connection to Town storm drains, and placement of and type of drainpipes that involve Town right-of-way and its restoration must be inspected by the Mayor or his or her designee. All fees shall be in accordance with the Town’s fee schedule ordinance in effect at the time the permit is applied for. (Ord. 04-447 § 1(part), 2004; Ord. 04-437 § 1, 2004; Ord. 04-431 § 8 (part), 2004: Ord. 98-344 § 1)
12.04.045 Access to services for use of public right-of-way.
As a condition for a public or private utility’s use of the public right-of-way or other real property of the Town for any reason, such utility shall provide the property owners of the Town direct access to the services provided by the utility at the cost of the utility. (Ord. 04-447 § 1(part), 2004; Ord. 98-344 § 1)
12.04.050 Permit expiration.
Building, plumbing and mechanical permits issued under the provisions of this code shall expire one year from the date of issue. One six-month renewal may be granted by the Building Official upon written request. The fee for renewal shall be equal to one-half the original building permit fee and a new operation fee as set forth in Section 3.32.010. The renewal
shall also be subject to a plan review for compliance with the ordinances in place at the time of the renewal and a new plan review fee. (Ord. 04-447 § 1(part), 2004; Ord. 04-431 § 8(part), 2004: Ord. 98-344 § 1)
12.04.060 Issuance of permits not contingent on hookup to available sewer.
Subject to the described considerations and restrictions, no permit required by any provision of this code relating to existing structures, including permits required for the demolition, reconstruction, repair, replacement or remodel of any structure within the limits of the town shall be refused by the town because the person seeking the permit chooses to utilize an existing septic system which has been and continues to be approved by the Snohomish County Health District or any successor agency as the method of sewage treatment for the premises for which the permit is sought; whether or not such premises have the availability of municipal sewer hookup, provided that:
A. Nothing in this section shall preclude the refusal to issue a requested permit for any other reason; and
B. Nothing in this section shall be deemed to authorize the continued use of a septic system which is, in any way, in violation of any law or regulation relating to such systems, including, without limiting the generality of the foregoing, any system which, for any reason, ceases to be approved by the Snohomish County Health District or any successor agency.
C. The availability of sewer hookup shall not, in itself, constitute a reason for declaring a septic system in violation of any provisions of this code. (Ord. 04-447 § 1(part), 2004; Ord. 98-344 § 1)