Chapter 12.05
GENERAL PROVISIONS
Sections:
12.05.020 Financial guarantees authorized.
12.05.040 Removal of facilities and personal property in City rights-of-way.
12.05.050 Violation – Enforcement – Penalty.
12.05.010 Relationship to comprehensive plan and Growth Management Act.
Repealed by Ord. 11-0330. [Ord. 03-0180 §§ 1, 2; Ord. 02-0141 § 1; Ord. 98-0024 §§ 1, 2 (KCC 14.02.010).]
12.05.015 Intent.
A. This code is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. It is also the purpose of this code to regulate activities within the rights-of-way in the interest of public health, safety and welfare; and to provide for the fees, charges, enforcement, and procedures required to administer such regulations.
B. It is expressly the purpose of this code and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code or any procedures adopted hereunder.
C. It is the specific intent of this code and any procedures adopted hereunder to place the obligation of complying with the requirements of this code upon the persons, organizations, utility, or permittees adjacent to or seeking to use the rights-of-way, and no provision is intended to impose any duty upon the City of Kenmore, or any of its officers, employees or agents. Nothing contained in this code or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Kenmore, or its officers, employees or agents, for any injury or damage resulting from the failure of the persons, organizations, utility, or permittees to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code or any procedures adopted hereunder by the City of Kenmore, its officers, employees or agents.
D. All work performed or contracted by the City within the right-of-way is exempt from the permitting requirements outlined in this title. [Ord. 23-0578 § 2 (Exh. 1).]
12.05.020 Financial guarantees authorized.
The city manager is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of KMC Title 21. [Ord. 23-0578 § 2 (Exh. 1).]
12.05.030 Definitions.
This section contains definitions of terms used throughout this title.
A. “Abutting property” means real property having a frontage upon or common boundary with the sides or margins of any road or right-of-way.
B. “Applicant” means a property owner(s), person(s), company, public agency, or public or private utility, or authorized agent of the applicant who files an application for a permit under this title requesting approval to access/use publicly owned land or right-of-way.
C. “Application” means an application form supplied by the City and completed by the applicant, payment for the required application fee(s), and related property site, driveway, roadway, traffic information, and any other documentation as determined necessary by the City in the evaluation of the application.
D. “City” means the City of Kenmore.
E. “City manager” means the City of Kenmore city manager or his or her designee(s).
F. “City engineer” means the city engineer herein authorized with the same powers specified in RCW 36.75.050 and Chapter 36.80 RCW, or his/her authorized representatives. Whereas “County” shall be replaced with “City” throughout.
G. “City project” means any work performed by the City (either with City personnel or by way of contract) including but not limited to capital projects, maintenance, or repair/restoration activities.
H. “City property” means all City real property, including but not limited to recreational trails, critical areas, roads, parks and dedicated open space, that is owned by the City.
I. “Contractor” means any person, firm, corporation, or other entity who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, develop, move, wreck, demolish, or excavate for any structure, road, sidewalk or other infrastructure below ground, at ground or above ground.
J. “Curb” means a cement, concrete or asphalt raised structure designed to delineate the edge of the travel way or pavement, to separate the vehicular portion from that provided for pedestrians or bicyclists, and for surface water drainage control.
K. “Department” means the City department or outside agency assigned by the city manager to administer a portion of the municipal code.
L. “Development” means any activity that requires a permit or approval, including, but not limited to, a right-of-way use permit (limited, access, and encroachment), special use permit, utility permit, right of use agreement, connection permit, or right-of-way vacation.
M. “Encroachment” means any structure, object, or obstruction, including, but not limited to, building extension, marquee, fence, stairway, railing, retaining wall, artwork, private landscaping, barriers, or any other building or structure constructed, erected or maintained in, over or under any public place, right-of-way, easement, roadway, parking strip and/or sidewalk, including the airspace above them.
N. “Engineering permit” means a permit authorizing the use or improvement of privately owned property. Permitted activities include clearing, grading, roads, drainage facilities, utilities.
O. “Facility” or “facilities” means any pole, pipe, line, pipeline, cable, vault, antenna, appurtenances, fixtures, conduit, guys, anchors, vaults, attachments, fencing, or other equipment or structure owned and/or operated by a utility company or public/private agency necessary for a fully functional system.
P. “Franchise” means an agreement granting the nonexclusive right, privilege, and authority to occupy the right-of-way.
Q. “Highway” means the same as “road.”
R. “Maintenance” means the routine upkeep of the right-of-way or property, equipment, materials, etc., to retain its original function and/or to allow for access or safety.
S. “Permit” means any activity requiring written approval issued by the City, subject to conditions stated therein, authorizing the use, construction, alteration, reconstruction, relocation, maintenance, or development within the right-of-way or publicly owned real property. This includes, but not limited to, reclassification of a road, street vacation, and traffic control devices.
T. “Permittee” means the same as “applicant.”
U. “Professional engineer” means a civil engineer with an active status license in the state of Washington registered in accordance with Chapter 18.43 RCW.
V. “Property owner” means a person(s) or entity with ownership of real (fee title and/or mortgages) or personal property.
W. “Restoration” means activities necessary to replace, repair or otherwise restore the right-of-way and adjacent private property and all features contained within to the same or better condition as existed prior to any construction and in compliance with the Road Standards.
X. “Right-of-way” means land and the space above and below, property or property interest, such as a right-of-way use easement, as well as bridges, trestles, or other structures, dedicated to, or otherwise acquired by the City of Kenmore for public motor vehicle, pedestrian, bicycle, or other nonmotorized transportation purposes, including, but not limited to, roads and trails, whether or not opened, improved or maintained for public transportation purposes.
Y. “Right-of-way use agreement” is an agreement with the City through which is granted a site-specific and revocable privilege to use City right-of-way at a location identified in the agreement for facilities and wireless communication facilities, and through which are set forth the terms and conditions for exercising the granted privilege to use the City right-of-way. The city manager shall have the discretion to use right-of-way use agreements for other purposes as needed.
Z. “Right-of-way use permit, limited” means a permit authorizing a person to enter, use and/or improve City right-of-way.
AA. “Right-of-way use permit, access” means a permit authorizing to enter and use unopened City right-of-way for a subdivision or property access.
BB. “Right-of-way use permit, encroachment” means a permit authorizing the use of the City right-of-way for an encroachment.
CC. “Right-of-way utility permit” means a document issued under the authority of the city manager which provides specific authorization, requirements, and conditions for specific utility work at specific locations.
DD. “Road” means the improvements contained within the full width of the right-of-way boundary lines including permanent right-of-way easements obtained for use of the public for purposes of vehicle, pedestrian, and bicycle travel and storm drainage (same as highway as defined by RCW 46.04.197 and city street as defined in RCW 46.04.120).
EE. “Road Standards” means the City of Kenmore Road Standards adopted under Chapter 12.50 KMC.
FF. “Sidewalk” means that space between the curb line or the edge of paved travel lane and the abutting property, set aside and intended for the use of pedestrians, improved by paving with cement concrete or asphaltic concrete.
GG. “Special use permit” means a permit for the use of City property issued pursuant to this title.
HH. “Street” means the same as “road.”
II. “Unimproved right-of-way” means any right-of-way or portion thereof that has not been improved by the City for the use of public transportation. Unimproved right-of-way may contain facilities.
JJ. “Utility” means private and public providers/owners of utility infrastructure, including water, wastewater, electric, telephone, telegraph, telecommunications, fiber optic, wireless services, cable television, natural gas lines, and solid waste.
KK. “Wireless” means transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, microwave, or satellite.
LL. “Wireless communication facility” generally means an unmanned facility for the transmission and/or reception of radio frequency (RF) signals or other wireless communications, typically consisting of one or more antennas, a transmission or alternative transmission support structure, cables and other transmission equipment, and an equipment enclosure or cabinets. “Wireless communication facility” shall not include equipment intended solely for internal household or business use such as wireless modems, cellular signal boosters, or personal cellular cellspots.
MM. “Wireless communication provider” means every person that owns, controls, operates or manages a wireless communication facility within the right-of-way for the purpose of offering wireless communications services (i.e., transmission for hire of information in electronic or optical form, including, but not limited to, voice, video, or data).
NN. “Work” means any construction or alteration of existing infrastructure, maintenance, or other improvements or actions whether identified under an approved permit or not.
OO. “WSDOT” means the Washington State Department of Transportation. [Ord. 23-0578 § 2 (Exh. 1).]
12.05.040 Removal of facilities and personal property in City rights-of-way.
Except as may be required by Chapter 35.99 RCW, any utility, company or person (hereby referred to as owner) that locates any facilities or personal property in the right-of-way shall relocate, remove or reroute said facilities or personal property, as ordered and in the time frame required by the City per this title, at no expense or liability to the City. If an owner fails to timely perform such relocation, removal, or reroute, then the city manager may, but is not required to, order and complete all actions necessary to remove the facilities or personal property from the right-of-way. The city manager may require the owner to reimburse the City for the reasonable actual costs of removal, including City overhead (provided, that in no event shall such overhead exceed 10 percent of the total costs, fees and expenses of third parties), within 30 days of the City’s invoice. In addition, the owner shall indemnify, protect and hold harmless the City from any third-party claims for service interruptions or other losses in connection with any such change or removal of the facilities or personal property, other than the City’s negligence or willful misconduct. [Ord. 23-0578 § 2 (Exh. 1).]
12.05.050 Violation – Enforcement – Penalty.
A. The violation of or failure to comply with any provision of this title is declared to be unlawful. The city manager shall have the authority to enforce this title and to adopt procedures for the purpose of implementing or carrying out other responsibilities required by this title.
B. Any violation or failure to comply with any provision of this title is a civil violation as provided for in Chapter 1.20 KMC, for which a monetary penalty may be assessed and abatement may be required as provided herein. Unless otherwise noted elsewhere within this title, the city manager may, but is not required to, seek voluntary correction pursuant to KMC 1.20.070, prior to the assessment of monetary penalties for violation of this title. [Ord. 23-0578 § 2 (Exh. 1).]