Chapter 12A.04PERMITS

Sections:

12A.04.010
General Provisions.
12A.04.020
Deviations.
12A.04.030
Major Variance Procedures.
12A.04.040
Site Development Permit.
12A.04.050
Right-Of-Way Permit.
12A.04.060
Right-of-Way Vacation Petition.
12A.04.070
Oversize Load Permit.
12A.04.080
Miscellaneous Permits.
12A.04.010General Provisions.

A. Permits shall be required for all construction and usage activities as described within this subchapter. Site development permits shall be valid for two years from the approval date, and may be extended for up to one additional year. Right-of-way permits shall be valid for six (6) months, and may be extended for one additional six (6) month period upon expiration of the time limits contained therein.

B. If a permit has not been renewed or extended within the appropriate period of time, such permit shall be considered expired and a new application shall be submitted.

C. All construction activities within City rights of way shall require a permit and the posting of a financial guarantee, unless the City Engineer determines such a guarantee to be unnecessary. (Ord. 501 § 3 (part), 2009.)

12A.04.020Deviations.

A deviation from the engineering standards is a mechanism to allow the City Engineer to grant an adjustment in the application of engineering standards. The deviation process follows the Process I application procedures, described in LMC 18A.02.540, except the City Engineer is responsible for the administrative decision.

An administrative decision on a request for a deviation shall be in writing and may be appealed pursuant to the appeal procedures outlined in LMC 18A.02.740.

Deviations may be granted when the proposal is based on engineering principles designed to solve or improve a site-specific issue that achieves results similar to or greater than those described in these regulations.

Criteria for granting a deviation are:

A. The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated;

B. A deviation from engineering standards shall only be granted if the proposal meets the following criteria:

1. Conform to the intent and purpose of these regulations;

2. Produce a compensating or comparable result which is in the public interest;

3. Meet the objectives of safety, function and maintainability based upon sound engineering judgment.

C. Deviations from road standards shall meet the objectives for public safety as identified in the International Fire Code (IFC). Any deviation from road standards, which does not meet the IFC, shall also require concurrence by the Fire Marshal.

D. Deviations from drainage standards shall meet the objectives for appearance, quality, and environmental protection.

E. Deviations from drainage standards shall be shown to be justified and required for the use and situation intended.

F. Deviations from drainage standards for facilities that request use of an experimental water quality facility or flow control facilities shall meet these additional criteria:

1. The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration,

2. Construction of the facility can, in practice, be successfully carried out;

3. Maintenance considerations are included in the design, and costs are not excessive or will be borne and reliably performed by the applicant or property owner;

G. Any deviation from utility standards, for utilities not owned and operated by the City, shall require concurrence by the utility provider. (Ord. 501 § 3 (part), 2009.)

12A.04.030Major Variance Procedures.

Proposed variances that do not meet the deviation criteria shall be subject to the Major Variance process as described in LMC 18A.10. (Ord. 583 § 2, 2014; Ord. 501 § 3 (part), 2009.)

12A.04.040Site Development Permit.

No person, party, firm, corporation, or entity shall do any grading, filling, cutting and clearing, excavating, or ditching, or create an impervious surface, unless the work is in accordance with a valid permit from the City issued pursuant to the provisions of these regulations. Each site shall require a separate permit. Applications for site development permits shall be made on forms that the City provides and will be considered incomplete unless submitted with all fees indicated in the City’s fee schedule.

All forested land within the City of Lakewood is designated “likely to be converted,” or is to be preserved in its natural state as greenbelts, parks, or open space. Therefore, only Class IV Department of Natural Resources permits shall be issued within the city limits. All DNR permits will require an additional City permit. The City Engineer may require the posting of security to assure compliance with requirements of this permit, which may include but are not limited to provisions for minimizing off-site soil erosion, noise disturbance, and fire danger. The City permit will not be issued until a development plan has been approved, and the applicant has demonstrated that he/she has the financial resources to proceed with the development project. Any cutting or removal of timber without a permit will be subject to the penalties outlined in this code.

Short plats, formal plats, mobile home parks, and other development projects that indicate new roads to be developed are required to obtain a permit. The permit issuance, payment of fees, and plan review shall be completed prior to plat approval or issuance of building permits. (Ord. 583 § 3, 2014; Ord. 501 § 3 (part), 2009.)

12A.04.050Right-Of-Way Permit.

City right-of-way shall not be blocked, occupied, privately improved or used for access or other purposes unless a permit has been issued for such use. Permits issued pursuant to this section shall not be construed to convey any vested private right or ownership interest in any City right-of-way. Every right-of-way permit shall state on its face that any City right-of-way subject to the permit shall be open to use by the general public except in those cases where specific conditions require the closure of the right-of-way to the public for safety reasons. Applications for right of way permits shall be made on forms that the City provides and will be considered incomplete unless submitted with all fees indicated in the City's fee schedule. (Ord. 501 § 3 (part), 2009.)

12A.04.060Right-of-Way Vacation Petition.

The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council to vacate the public interest of that street or alley. The street vacation process is described in Section 12A.12.000 of this code. (Ord. 501 § 3 (part), 2009.)

12A.04.070Oversize Load Permit.

All vehicles in excess of the legal size, weight or load limitations according to RCW 46.44 shall obtain an oversize load permit prior to operating on Lakewood streets.

For applicants transporting the same oversize / overweight load on both a state highway and city streets, the applicant shall:

1. Obtain and fill out City of Lakewood oversize load permit application available from the Public Works Department. Note route through City streets, date, and approximate time of travel.

2. Attach WSDOT Special Motor Vehicle Oversize / Overweight Permit.

3. Pay permit fee.

For applicants transporting an oversized / overweight load on only City streets, the applicant shall:

1. Obtain and fill out City of Lakewood oversize load permit application available from the Public Works Department. Note route through City streets, date, and approximate time of travel.

2. Pay permit fee.

Allow for two (2) business days to process the permit. (Ord. 583 § 4, 2014; Ord. 501 § 3 (part), 2009.)

12A.04.080Miscellaneous Permits.

See Chapter 12A.08 LMC for details on parades, motorcades, runs, and assemblies.

Any permit work not covered by the fee schedule, if performed by an employee, will be based on actual hourly costs, plus benefits at 30 percent, operating costs at 16 percent and central services costs at 16 percent. (Ord. 648 § 1, 2016; Ord. 501 § 3 (part), 2009.)