Chapter 4.25
RIGHTS-OF-WAY1
Sections:
4.25.030 Permit required for improvement or use.
4.25.040 Review of application procedures.
4.25.090 Limited right-of-way use permit.
4.25.100 Extended right-of-way use permit.
4.25.105 Encroachments into public right-of-way.
4.25.120 Standards for driveways.
4.25.020 Enforcement.
The director of public works, or designee, has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 28, 1-6-09; Ord. No. 90-50, § 8, 4-3-90. Code 2001 § 13-27.)
4.25.030 Permit required for improvement or use.
A city right-of-way shall not be privately improved or used unless a permit has been issued pursuant to this chapter. Applications seeking to utilize the right-of-way by a public utility or otherwise qualified service provider for the delivery of services to the general public shall also comply with the provisions of Chapter 4.22 FWRC. No development approval shall be issued which requires use of privately maintained city right-of-way unless a permit has been issued pursuant to this chapter. This section shall not apply to driveway connections from private property to city right-of-way, utility construction work otherwise authorized pursuant to Chapter 4.22 FWRC, rights-of-way activities or general transportation and travel along the right-of-way.
(Ord. No. 17-833, § 1, 4-4-17; Ord. No. 08-578, § 1, 3-18-08; Ord. No. 90-50, § 2(A), 4-3-90. Code 2001 § 13-28.)
4.25.040 Review of application procedures.
(1) Upon receipt of an application for any right-of-way use permit, the city shall determine whether the proposed activity is within the city-owned right-of-way.
(2) The public works director shall review applications for compliance with applicable city plans, policies, regulations and standards. Prior to issuing a right-of-way use permit, the city shall determine and secure an appropriate bond as described in this chapter.
(3) The city shall, when feasible, consolidate right-of-way use permits with other development permits and when all requirements of this chapter are met, a separate right-of-way use permit shall not be required. In such cases, the fee for right-of-way use review shall be included with that development approval fee.
(Ord. No. 90-50, § 2(B), 4-3-90. Code 2001 § 13-29.)
Cross reference: Environmental policies, FWRC Title 14.
4.25.050 Plans.
Detailed engineering and restoration plans and/or drainage plans may be required when considered necessary by the public works director. Costs for the development of such plans and conduct of required studies shall be borne by the permit applicant.
(Ord. No. 90-50, § 3(A), 4-3-90. Code 2001 § 13-30.)
Cross references: Storm and surface water utility, FWRC Title 11, Division III; drainage program requirements, FWRC Title 16.
4.25.060 Survey.
When considered necessary by the public works director to adequately define the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a state-licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act, RCW 58.09.010 et seq.
(Ord. No. 90-50, § 3(B), 4-3-90. Code 2001 § 13-31.)
4.25.070 Dedication.
A permit applicant may be required to dedicate additional right-of-way across property under such applicants’ authority when necessary to fulfill the minimum road right-of-way width prescribed by city standards in Chapter 19.135 FWRC.
(Ord. No. 90-50, § 3(C), 4-3-90. Code 2001 § 13-32.)
4.25.080 Illegal subdivision.
A permit shall not be issued to provide access to a lot or parcel created in violation of state and city subdivision regulations.
(Ord. No. 90-50, § 3(D), 4-3-90. Code 2001 § 13-33.)
Cross reference: Subdivisions, FWRC Title 18.
State law reference: Subdivisions, RCW 58.17.010 et seq.
4.25.090 Limited right-of-way use permit.
(1) Upon filing of a complete application, payment of the fee, providing the required insurance, and posting of the required bond for restoration of the right-of-way, the city may issue a limited right-of-way use permit authorizing the use of city road right-of-way, for use by designated private parties for a specific use and duration.
(2) The limited use 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 inspection. In addition, conditions may be imposed 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 may be required to post bond payable to the city in amounts determined by the public works director, unless otherwise required through the permit applicant’s franchise agreement or other requirements in the FWRC or state law, which:
(a) Guarantees construction and maintenance of the roadway, drainage and retention/detention facilities in compliance with adopted standards; and
(b) Guarantees restoration of the right-of-way to a condition consistent with the right-of-way use permit including blocking of access to the right-of-way at the expiration of the permit period; and
(c) Is in a form approved by the city attorney, and with a surety approved, conditioned that the permittee will keep and save harmless the city from any and all claims, loss, costs, expenses, and damage it caused by the work performed by the permit applicant under the authority of said right-of-way use permit; and
(d) Shall run for the full period of the permit and may be required by the director for a period of one year after the acceptance of the permitted work by the city.
(4) Subject to other requirements for insurance set forth in this chapter, the director may require an applicant to procure and maintain in full force and effect public liability insurance naming the city of Federal Way as additional insured, in an amount sufficient to cover potential claims for bodily injury, death, or disability, property damage, and when appropriate, as determined by the director, products and/or completed operations that may arise from or in connection with the permit. The director shall establish the amount of such insurance, and a certificate of insurance shall be provided to the city for review prior to issuance of the permit.
(5) 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.
(6) The permit applicant may apply for one extension for up to one year to the limited right-of-way use permit upon written application for an extension, payment of the fees, and being found to have fully complied with the conditions and requirements of the original permit. The application for extension may only be made after the first six months of the original permit life.
(Ord. No. 19-870, § 1, 6-4-19; Ord. No. 90-50, § 4, 4-3-90. Code 2001 § 13-34.)
4.25.100 Extended right-of-way use permit.
(1) Upon filing of a complete application and payment of fee, the public works director may issue a permit authorizing the use of the city right-of-way for a designated use which is revocable at the discretion of the city upon six months’ notice.
(2) The extended right-of-way use permit applicant may be required to construct a road to specific standards which may include full compliance with adopted city road standards, and may be required to post bonds for construction, restoration and maintenance based on current bonding requirements schedules in Chapter 19.25 FWRC. Construction work and all restoration work required by the permit shall be completed within one year of the permit’s issuance. In addition, the city may set conditions to assure compliance of the permit with other adopted plans, city policies and regulations.
(3) The department of public works shall place and maintain permanent signs denoting the end of the city-maintained road.
(4) The permit applicant shall have sole responsibility for the safe construction, operation and maintenance of any improvements to the city right-of-way pursuant to the permit, until such time as the improvements are officially accepted for maintenance by the city.
(5) The permit applicant may be required to record a covenant running with the land and for the benefit of the city, which contains:
(a) A legal description of the lot or parcel to be served by the right-of-way use permit, limited or extended;
(b) A statement indicating that access to such parcel is across an unmaintained city right-of-way, that the city is not responsible for maintenance of the right-of-way and that responsibility for maintenance of the road rests jointly and equitably upon all permit holders;
(c) A statement that the owner of the parcel will not oppose participation in a city road improvement district, if formation of such a district is deemed necessary by the city;
(d) A prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, a right-of-way use permit for the additional lots being created;
(e) A statement that the right-of-way use permit covenant is binding on the successors and assigns of the owner; and
(f) The acknowledged signature of the owner of such parcel.
(Ord. No. 19-870, § 2, 6-4-19; Ord. No. 90-50, § 5, 4-3-90. Code 2001 § 13-35.)
4.25.105 Encroachments into public right-of-way.
The public works director, or designee, is authorized to issue a permit for removable, nonpermanent additions to buildings to encroach into the public right-of-way at the property owner’s risk and subject to the following conditions:
(1) The applicant shall file a completed application with the public works department on the form provided by the department.
(2) With the application, the applicant shall submit the fee established by resolution of the city council. The application shall not be accepted unless it is accompanied by the required fee.
(3) Proper plans and specifications for the proposed encroachment are submitted to the public works department.
(4) The encroachment complies with the applicable sections of the Federal Way Revised Code with regard to structural safety, traffic, sanitation, fire safety requirements, and any other criteria deemed necessary by the public works director or designee.
(5) The request shall be evaluated by the public works director, or designee, in regard to any adverse effect on adjoining property.
(6) There shall be no interference with the use of the public street for roadways, sidewalks, existing or proposed utilities, and other authorized uses.
(7) The applicant shall provide any information or material that the public works director, or designee, determines is reasonably necessary to evaluate the request.
(8) The encroachment will be maintained in good order.
(9) The encroachment must be removable so that when requested to do so by the public works director, designee, or other public authority having jurisdiction, the owner will remove the encroachment from the right-of-way at his or her expense.
(10) No permanent encroachment into the right-of-way will be allowed under this section.
(11) The permit shall be revocable for failure to comply with this chapter by the director of public works or designee.
(12) The owner will hold the city of Federal Way and all its elected officials, officers, employees, agents, representatives, and volunteers harmless on account of the encroachment and will provide the city with a certificate of insurance for the encroachment into the right-of-way in an amount approved by the director of public works.
(13) The requirements of this section shall not supersede or act in lieu of permitting requirements under other sections of the code. Regardless of any review, approval, inspection, or other actions of the city, it is the responsibility of the applicant to ensure that all work, actions, or conditions on the subject property comply with this title, any permits or approvals granted under this title, and all other applicable laws or permits.
(Ord. No. 16-813, § 1, 1-19-16.)
4.25.110 Scope of permit.
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 limited right-of-way use permit restrict the use of the right-of-way for safety reasons.
(Ord. No. 90-50, § 6, 4-3-90. Code 2001 § 13-36.)
4.25.120 Standards for driveways.
No driveway connection or other access from private property to a city road right-of-way shall be built or maintained which does not comply with the city road standards.
(Ord. No. 90-50, § 7, 4-3-90. Code 2001 § 13-37.)
Cross references: Arterial street fund created, FWRC 3.50.020; street fund created, FWRC 3.50.040; development improvements and official right-of-way map, Chapter 19.135 FWRC.