Chapter 15.28
RIGHT-OF-WAY USE PERMITS
Sections:
15.28.020 Application—Contents.
15.28.010 Required.
No person shall use any public right-of-way, street or sidewalk unless such person has first obtained a right-of-way use permit from the city of Poulsbo. As used in this chapter, the term “use” means to construct, place or erect any structure or other manmade device or artifice on or over the public right-of-way. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 85-18 § 2, 1985)
15.28.020 Application—Contents.
A. Any person desiring to apply for a right-of-way use permit shall do so by filing a written application therefor with the city planning department. The application shall be in such form as the planning director may require and shall include, at a minimum, the following information:
1. The name, address and telephone number of the applicant;
2. Evidence that the applicant is either the owner of or entitled to possession of the property adjacent to the public right-of-way sought to be used;
3. A full and complete description of the use sought to be made of the public property by the applicant and the duration of such use;
4. The location and dimensions of the proposed use or structure to be constructed, together with a statement as to the dimensions of the remaining unobstructed right-of-way; and
5. Such other and further information as the planning director may require to determine whether the application and proposed use meet all of the requirements for permit issuance established by this chapter.
B. All applications shall be accompanied by a nonrefundable application fee as set forth in Section 3.12.020(H). (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 2003-16 § 39, 2003; Ord. 88-29 § 1 (part), 1988; Ord. 85-18 § 3, 1985)
15.28.030 Application—Review.
All applications for right-of-way use permits shall be reviewed by a technical committee composed of the planning director and the city engineer, or their designees, together with such other city department heads as the planning director and the city engineer, in their discretion, deem appropriate to the particular application. The technical committee shall have the responsibility for issuing all right-of-way use permits. The technical committee may issue the permit to an applicant if all of the following criteria and conditions are met:
A. The proposed use has aesthetic value and/or is a public amenity intended for the use and the benefit of the general public. Uses which meet this criteria include, but are not limited to, flower or planter boxes, hanging flower baskets, and park benches.
B. The proposed use does not expand the interior of the building adjacent to the public right-of-way.
C. The proposed use will not protrude into or over any portion of a public right-of-way open to vehicle or pedestrian travel in such manner as to create a likelihood of endangering the use of such right-of-way by vehicles or pedestrians. In addition, in the event the requested permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of five feet of unobstructed sidewalk or other walkway shall be maintained at all times.
D. The applicant shall agree to indemnify, defend and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use.
E. The technical committee may require the applicant to secure and maintain in force throughout the duration of the permit comprehensive general liability insurance for personal injury and property damage if the technical committee determines that such insurance is appropriate based upon the nature of the use and the risk involved. If such insurance is required, the amount of the insurance shall be approved by the finance director. The insurance shall name the city as an additional named insured and shall include a provision prohibiting cancellation of the policy except upon thirty days’ prior written notice to the city.
F. Such other conditions as the technical committee deems necessary to reasonably ensure that the requested use does not in any way create a likelihood of endangering those who are lawfully using the public right-of-way. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 88-29 § 1 (part), 1988; Ord. 85-18 § 4, 1985)
15.28.040 Conditions.
All conditions of approval of any right-of-way use permit shall be subscribed on or attached to the permit. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 85-18 § 5, 1985)
15.28.050 Term.
The term of the right-of-way use permit shall be determined by the technical committee. Permits issued under this chapter may be renewed by following the same procedure as set forth for the initial issuance of a permit. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 88-29 § 1 (part), 1988: Ord. 85-18 § 6, 1985)
15.28.060 Revocation.
A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent rights in the applicant, and may be revoked by the technical committee upon a determination by the committee that any of the following has occurred:
1. There has been a violation of any of the terms or conditions of the permit; or
2. The use becomes for any reason dangerous, or any structure or obstruction permitted becomes insecure or unsafe.
B. If any use or occupancy for which the permit has been revoked is not immediately discontinued upon the date of revocation, the planning director or his designee may remove any structure or obstruction or cause to be made such repairs upon the structure or obstruction as may be necessary to render the use secure and safe, the cost and expense of which shall be assessed as a personal obligation of the permittee, including all professional fees associated with enforcement of the collection of the same, and shall also be a personal obligation of the permittee. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 85-18 § 7, 1985)
15.28.070 Appeals.
A. Any decision of the technical committee with respect to the issuance or refusal to issue a permit or the revocation or suspension of a permit may be appealed to the city council by filing a notice of the intent to appeal such decision with the city clerk within ten days of the date of issuance of the decision being appealed.
B. If an appeal from any decision of the technical committee is taken, the city council shall, at its next regular meeting following the filing of the appeal, set a date on which the appeal will be heard. The appeal shall be de novo. The city council may affirm, reverse or modify the decision of the technical committee. All decisions of the city council on any appeal shall be final.
C. Any person desiring to appeal a decision of the city council must do so by filing an appropriate request for review in the Kitsap County superior court within fourteen days of the council decision. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 85-18 § 8, 1985)
15.28.080 Violation—Penalty.
In addition to any other penalties provided in this chapter, any person who violates any of the provisions of this chapter, including, but not limited to, constructing, placing or erecting any structure or any other manmade device or artifice on or over the public right-of-way without first obtaining a right-of-way use permit, shall have committed a civil infraction and, upon a determination by the Poulsbo municipal court that such infraction has been committed, shall pay a civil monetary penalty to the city in a sum not to exceed two hundred fifty dollars. In addition, each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person constitutes a separate infraction. The planning director or his designee may remove any structure or obstruction constructed, placed or erected on the public right-of-way without benefit of a right-of-way use permit, the cost and expense of which shall be assessed as a personal obligation of the person constructing, erecting or placing such structure or obstruction. (Ord. 2021-09 § 2 (Att. A), 2021; Ord. 85-18 § 9, 1985)