Chapter 12.35
RIGHT-OF-WAY USE

Sections:

12.35.010    Definitions.

12.35.020    Permit required for improvement or use – Application processing.

12.35.030    Permit – Additional requirements.

12.35.040    Permit – Fees.

12.35.050    Permit – Duration, extension.

12.35.060    Repealed.

12.35.070    Permit – Interpretation.

12.35.080    Compliance required of driveway connections or other access to City street rights-of-way.

12.35.090    Enforcement.

12.35.010 Definitions.

(1) “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.

(2) “Department” means either the Department of Public Works or the Department of Community Development, as indicated within this chapter.

(3) “Development approval” means the granting of a building permit, mobile home on-site permit, short subdivision or other City of Covington land use approval or approvals.

(4) “Development Engineer” means City of Covington representative authorized to oversee the review, conditioning, inspection and acceptance of right-of-way use permits, road and drainage projects constructed pursuant to permits administered by the Department. The Development Engineer or designee shall be a professional civil engineer registered and licensed under the laws of the State of Washington.

(5) “Right-of-way use permit” means a permit authorizing the use of the City of Covington right-of-way for a designated purpose and for a period of time limited to 180 days or less. (Amended at request of department 2/08; Ord. 20-07 § 5; Ord. 38-02 § 2 (12.07.010))

12.35.020 Permit required for improvement or use – Application processing.

(1) Permits Required. City of Covington street rights-of-way shall not be privately improved or used for access or other purposes and no development approval shall be issued which requires use of privately maintained rights-of-way unless a permit therefor has been issued pursuant to this chapter, except for utility construction work authorized pursuant to Chapters 12.65 and 12.67 CMC. This section shall not apply to driveway connections from private property to City of Covington street rights-of-way.

(2) General Procedures.

(a) Upon receipt of an application for right-of-way use permit, the Department shall determine whether the proposed activity is within City-owned right-of-way.

(b) The Community Development Department shall be the lead agency for the compliance with the State Environmental Policy Act. In addition, the Development Engineer shall review applications for compliance with applicable City of Covington plans, policies, regulations and standards. Prior to issuing a right-of-way use permit, the Department shall determine and secure an appropriate financial guarantee consistent with the provisions of this title and CMC Title 14.

(c) The Department shall, when feasible, consolidate right-of-way use permits with other development approvals to prevent duplication and increase efficiency. The fee for a consolidated approval shall be reduced to the extent separate fees would be duplicative. (Amended at request of department 2/08; Ord. 20-07 § 6; Ord. 38-02 § 2 (12.07.020))

12.35.030 Permit – Additional requirements.

(1) Plans. Detailed engineering and restoration plans and/or drainage plan, pursuant to Chapter 13.25 CMC, may be required when considered necessary by the Development Engineer. Costs for the development of such plan and conduct of required studies shall be borne by the permit applicant, and, if the plan is returned, it shall be returned to the applicant.

(2) Survey. When considered necessary by the Development Engineer to adequately define the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act.

(3) Dedication. A permit applicant may be required to deed additional right-of-way across property under his authority when allowed pursuant to Chapter 35A.47 RCW.

(4) Illegal Subdivision. A permit shall not be issued to provide access to a lot or parcel created in violation of State and City codes, statutes and/or standards. (Ord. 38-02 § 2 (12.07.030))

12.35.040 Permit – Fees.

The Community Development Department shall require right-of-way use/improvement permit application and inspection fees. Each application requires a fee payable to the City of Covington for the administrative costs, expenses of reviewing the application, and inspection time as set forth in the current fee resolution. (Amended at request of department 2/08; Ord. 20-07 § 7; Ord. 38-02 § 2 (12.07.040))

12.35.050 Permit – Duration, extension.

(1) Upon filing of a complete application, payment of the fee, and posting of the required financial guarantee for construction, maintenance, and restoration of the right-of-way consistent with this code, the City may issue a permit authorizing the use of City’s road right-of-way for use by designated private parties for a specific use which is less than 180 days in duration.

(2) The permit may require construction and restoration of the right-of-way to adopted standards based on the nature and duration of the specific use, and subject to Department inspection. In addition, conditions may be set to assure the compliance with City plans, policies, standards and regulations. Such conditions may require performance in excess of adopted road standards.

(3) The permit applicant shall assume sole responsibility for the safe and adequate operation and maintenance of any improvements to the City right-of-way during the period of time the permit is in effect.

(4) The permit applicant may apply for a single 180-day extension to the right-of-way use permit, upon written application for an extension, payment of the fee for a request for extension as set forth in the current fee resolution, and being found to have fully complied with the conditions and requirements of the original permit. The application for extension may be made only after the first 90 days of the original permit life. (Ord. 20-07 § 8; Ord. 38-02 § 2 (12.07.050))

12.35.060 Permit – Extended.

Repealed by Ord. 20-07. (Ord. 38-02 § 2 (12.07.060))

12.35.070 Permit – Interpretation.

Permits issued pursuant to this chapter shall not be construed to convey any vested right or ownership interest in any City right-of-way. Every right-of-way use permit shall state on its face that any City right-of-way opened pursuant to this chapter shall be open to use by the general public except in those cases where specific conditions in a right-of-way use permit (limited) restrict the use of the right-of-way for safety reasons. (Ord. 38-02 § 2 (12.07.070))

12.35.080 Compliance required of driveway connections or other access to City street rights-of-way.

No driveway connection or other access from private property to a City street right-of-way shall be built or maintained which does not comply with the street standards. (Ord. 38-02 § 2 (12.07.080))

12.35.090 Enforcement.

The Director of the Department of Community Development is authorized to enforce the provisions of this chapter, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of CMC 1.30.060, 1.30.070 and 1.30.080. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.07.090))