Chapter 12.15
RIGHT-OF-WAY CODE
Sections:
12.15.010 Title, purpose and interpretation.
12.15.030 Existing uses within a right-of-way.
12.15.040 Permitted uses within a planting strip.
12.15.050 Permitted uses within a path right-of-way.
12.15.060 Uses prohibited within any right-of-way.
12.15.070 Right-of-way use permit.
12.15.080 Right-of-way use permit – Fees.
12.15.090 Removal or intentional destruction of trees.
12.15.010 Title, purpose and interpretation.
(1) Title. This chapter shall be known as the right-of-way code of the town of Beaux Arts Village, Washington.
(2) Purpose and Intent. The general purpose and intent of this chapter is to protect the rights-of-way for use by all town residents and to provide rules and regulations for the installation of plant materials, improvements and parking surface materials within the nonpaved portions of the rights-of-way.
(3) Interpretation. In the interpretation and application of this chapter, its provisions shall be construed to be the minimum requirements. [Ord. 370 § 1, 2009]
12.15.020 Definitions.
“Developed right-of-way” means any right-of-way that contains a paved or gravel street for vehicular access, also known as a travel lane.
“Impervious surface” means a surface from which most water runs off, including, but not limited to, paved streets, pavers, graveled areas, packed earth material, oiled macadam or other treated surfaces.
“Path right-of-way” means any right-of-way between two residences (including street ends) that has not been developed for vehicular access and is used solely for pedestrian access or greenbelt within the town.
“Pervious surface” means a surface that allows water to penetrate it and flow through to the soil below.
“Planting strip” means that portion of the town right-of-way lying between the edge of the travel lane or back of the sidewalk and private property.
“Right-of-way” means property owned by the town and intended to be used primarily for purposes relating to vehicular and pedestrian traffic, utility placement and operations, green space and other purposes as determined by the town.
“Right-of-way use permit” means a permit authorizing a property owner to use the right-of-way adjacent to his/her property for a use approved under the provisions of this chapter.
“ROW encroachment agreement” means a recorded agreement for revocable use of the planting strip abutting private property. Each ROW encroachment agreement will include a provision requiring the property owner to carry homeowners’ insurance that covers liability for all items identified in the agreement, and provide proof of such insurance upon request by the town.
Visibility Standard. In addition to the visibility requirements of the Model Traffic Ordinance and any other standard specified by the town engineer, the visibility standard specific to this chapter requires 13 vertical feet of clearance above all portions of the pavement within the travel lane of a right-of-way. [Ord. 370 § 2, 2009]
12.15.030 Existing uses within a right-of-way.
(1) All existing uses previously approved by the town council that are within any right-of-way shall be allowed to be continued and maintained, and shall be considered legal right-of-way uses.
(2) All existing uses not previously approved by the town council that are within any right-of-way and that exist as of the date of the ordinance codified in this chapter shall be considered nonconforming right-of-way uses. Such uses shall only be replaced through a right-of-way use permit. Ordinary repair and maintenance shall be permitted without a right-of-way use permit. [Ord. 370 § 3, 2009]
12.15.040 Permitted uses within a planting strip.
(1) The following uses by the property owner immediately adjacent to the planting strip shall be allowed outright within the planting strip without the need for permits or town review:
(a) Placement of mailboxes within mailbox stands.
(b) Installation, maintenance, and removal of plant material, of any species other than those prohibited in BAVMC 12.15.060 and 12.15.090; provided, that visibility standards are maintained.
(c) Installation of landscaping rocks located a minimum of one and one-half feet from the pavement edge and not to exceed a size that can be moved by two persons.
(d) Installation of underground utilities, provided all appropriate utility and/or building permits have been issued, and the area is fully restored to the pre-installation condition, with the exception of plant materials prohibited in BAVMC 12.15.060.
(e) Installation of address identification signs.
(f) Above-ground irrigation systems and low-voltage landscape lighting.
(2) The following uses are considered permitted uses and shall only be installed following the issuance of a right-of-way use permit and upon the execution of a ROW encroachment agreement by the proponent:
(a) Installation of a driveway approach, and a walkway; provided, that 85 percent of the planting strip shall be green space. Notwithstanding the foregoing, each lot shall be allowed minimum approach for ingress/egress up to 20 feet in aggregate width.
(b) Below-ground irrigation systems.
(c) Line-voltage wiring.
(3) The following uses are considered conditional uses and shall only be installed following approval of the town council and upon the execution of a ROW encroachment agreement by the proponent:
(a) Installation of any impervious surface not included within subsection (1)(a) of this section.
(b) Grading.
(c) Structures. [Ord. 403 § 1, 2013; Ord. 370 § 4, 2009]
12.15.050 Permitted uses within a path right-of-way.
(1) All property within a path right-of-way shall remain and be maintained in its natural state. Removal of noxious weeds and invasive plant species is permitted.
(2) Installation of any utility by any party other than the town within a path right-of-way shall be allowed only in conjunction with an associated building permit or street use permit. Restoration of the right-of-way with native plant materials, other than those prohibited in BAVMC 12.15.060, is required. [Ord. 370 § 5, 2009]
12.15.060 Uses prohibited within any right-of-way.
The following uses are prohibited within any right-of-way: single mailboxes; landscape water features; landscaping rocks larger than the size allowed in BAVMC 12.15.040; placement of any plantings, landscaping rocks or other improvements in a planting strip by a property owner who is not immediately adjacent to that planting strip; planting of holly, ivy, laurel, or any noxious weed or invasive plant species; or any other use not expressly permitted either outright or conditionally in this chapter. [Ord. 403 § 2, 2013; Ord. 370 § 6, 2009]
12.15.070 Right-of-way use permit.
A right-of-way use permit shall be required under the following conditions:
(1) Building Permit Application. Upon application for a building permit for reconstruction, the applicant shall also file a permit for a right-of-way use permit if any nonconforming right-of-way uses within the right-of-way adjacent to the property exist, whether the applicant intends to modify such structure or not. Should the applicant wish to remove said use, a right-of-way use permit is not required.
(2) Installation of any permitted use not associated with a building permit application. [Ord. 370 § 7, 2009]
12.15.080 Right-of-way use permit – Fees.
A permit fee shall be assessed for every right-of-way use permit application submitted to the town clerk. Permit fees shall be set by resolution of the council and shall be paid at the time the permit is submitted. In addition, applicants shall be billed by the town for the time spent by town consultants in review and administration of any right-of-way use permit. [Ord. 370 § 8, 2009]
12.15.090 Removal or intentional destruction of trees.
Removal or intentional destruction of any tree in the right-of-way without the prior approval of the council is strictly prohibited. [Ord. 370 § 9, 2009]