Chapter 11.08
ENCROACHMENTS, OBSTRUCTIONS AND CONSTRUCTION OF HIGHWAYS AND SIDEWALKS

Sections:

11.08.010    Permit – Required.

11.08.020    Permittee requirements.

11.08.030    Notice of issuance.

11.08.040    Traffic control.

11.08.050    Security requirements.

11.08.060    Inspection.

11.08.070    Restrictions on use of material.

11.08.080    Fence permit.

11.08.090    Landscape permit.

11.08.100    Roadway maintenance.

11.08.110    Control of driveway encroachments.

11.08.120    Right-of-way dedication – Required.

11.08.130    Street improvements, curbs, gutters and sidewalks – Construction required.

11.08.140    Effect of failure to construct.

11.08.150    Modification of requirements by reason of inadequate drainage.

11.08.160    Deviations from chapter.

11.08.010 Permit – Required.

No person, firm or corporation shall fill in, place, construct, leave or deposit over, under or upon any street, alley or other public place any structure, building material, earth, gravel, rock, garbage, debris, or any other material or thing tending to obstruct, disturb, or interfere with the free use thereof or cause a dangerous condition thereon, without first obtaining a permit in writing from the city engineer to do so. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.020 Permittee requirements.

The permit shall require that the person to whom the same is issued shall give the city engineer 24 hours’ notice of the commencement of such work, shall carry on such work to the satisfaction of and subject to the approval of the city engineer, shall diligently prosecute the same to completion, shall leave the street in a good, clean and safe condition, shall at all times keep signal lights or other proper warnings displayed sufficient to give any one going upon the street, alley or public place such warning as may be necessary to prevent injury, and that such permittee shall comply with such additional provisions and conditions as may be prescribed by the city engineer. If the acts desired to be done require the disturbing of any improvement on the street, alley or other public place, the permit shall require that the permittee shall restore such improvement to its original and proper condition and that if the permittee fails to so do, the city engineer may cause the necessary restoration to be made at the expense of the permittee. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.030 Notice of issuance.

Immediately upon the issuance of any permit allowing the improved portion of any street commonly used as a thoroughfare to be obstructed to vehicular traffic, the city engineer shall give written notice thereof to the chief of the fire department and shall also cause notice to be given to the chief of the fire department immediately upon the completion of the acts allowed under such permit. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.040 Traffic control.

Any person by whom or under whose immediate authority as principal, contractor or employee, any portion of any street, alley or public place may be obstructed or made dangerous, shall erect and, so long as the obstruction or danger shall continue, maintain around the portion of the street, alley or public place so obstructed or made dangerous, traffic-control devices in accordance with the MUTCD, and as approved by the city engineer. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.050 Security requirements.

(1) Before a permit pursuant to the provisions of this chapter may be issued the applicant may be required to execute to the city a bond in such sum as shall be designated by the city engineer as necessary (but not less than 150 percent of the estimated cost of the improvements) for the proper protection of the city and conditioned that obligors of the bond will pay to the city the costs and expenses incurred by the city should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limit specified by said permit (with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission).

(2) In lieu of special bonds to cover particular work, an applicant may maintain with the city a general bond in the sum of $5,000 conditioned and used for the same purpose as the special bond described in subsection (1), and covering all work to be done rather than any particular work, provided, however, that the total work being performed shall not exceed $5,000.

(3) Before a permit shall be issued for any of the purposes designated in this chapter, any applicant, with the exception of all utilities under the jurisdiction of the Washington State Utilities and Transportation Commission shall file with the city engineer a certificate of insurance evidencing commercial general liability insurance with minimum limits of $1,000,000 combined single limits per occurrence, and a copy of the endorsement naming the city as an additional insured. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.060 Inspection.

If, in the city engineer’s judgment, the nature of the work shall be such as to require inspection on behalf of the city, either during the progress of the same or after the completion thereof, or both, the city engineer may inspect the same and charge a reasonable sum therefor. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.070 Restrictions on use of material.

No permit shall be issued under the provisions of this chapter in any instance in which the applicant will store, use, mix or process building materials on the paved portion of any street, alley or other public place until the applicant shall deposit with the city engineer, the additional sum to be determined by the city engineer. No mortar, cement, plaster, asphalt or similar materials shall be mixed, used or processed on any paved portion of any street, alley or public place unless such is done in a suitable machine, box or container and in such a manner that none of the material shall spill or in any manner come in contact with the street, alley or other public place or any part thereof be washed into the gutters or sewers. Should the permittee fail to properly clean the street, alley or public place of any and all debris and other materials occasioned by the work done by the permittee, the city engineer shall cause such debris or other materials to be removed and the cost of such removal shall be deducted from said deposit. Should the amount of the deposit be insufficient to meet the cost of restoring the street to a good and clean condition, the excess required shall be charged against the funds on deposit as provided in PMC 11.08.050. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.080 Fence permit.

The city engineer may issue a permit for fencing within the street right-of-way, provided: (1) The fence shall meet the requirements of the city’s zoning regulations; and (2) that the city’s master plan does not provide for further widening or improvements of the right-of-way. (Ord. 2373 § 2, 1993).

11.08.090 Landscape permit.

(1) The department of planning and community development may permit the planting of trees, flowers, or other landscape decoration within the sidewalk area; provided, that such planting leaves at least an equal or greater width as called for in PMC 19.10.070 of clear and unobstructed sidewalk area.

(2) The public works department shall review and approve all proposed right-of-way landscaping for safety, sight-distance, and roadway maintenance issues.

(3) Species of trees and shrubs selected must be approved by the department of planning and community development.

(4) All maintenance and care of such authorized landscaping shall be the responsibility of the property owner. If the property owner fails to maintain said landscape, the city shall remove it at the owner’s expense.

(5) Whenever any injury or damage to any person or property shall be proximately caused by the planting of landscape decoration, the abutting property where the injury or damage occurs, the owner and/or any person, firm, or corporation occupying or having charge or control of said abutting property shall be liable to the city for all damages or injuries, costs and disbursements which the city may be required to pay to the person injured or damaged, which sums shall include all costs and attorney’s fees incurred by the city in defense of any action.

(6) The abutter shall have no liability in the event that the dangerous, defective or hazardous condition was caused, created or constructed by the city or its employees, and the condition created by the city is unchanged by any act or failure to act of the abutter. (Ord. 2451 § 1, 1995; Ord. 2373 § 2, 1993).

11.08.100 Roadway maintenance.

(1) The department of public works shall have the authority to order the removal of vehicles from the roadway for purpose of emergency and regularly scheduled roadway maintenance or snow removal.

(2) In the event of an emergency, the department of public works shall have the authority to order the removal of vehicles without prior notice to the owner. No expense shall be incurred by the owner of said removed vehicle.

(3) In the event of regularly scheduled roadway maintenance, the department of public works shall post the roadway a minimum of 24 hours in advance. Vehicles remaining after the 24 hours’ notice shall be relocated at the expense of the owner. (Ord. 2373 § 2, 1993).

11.08.110 Control of driveway encroachments.

(1) All new driveway approaches shall have an asphalt paving or concrete surface from the edge of the traveled lane to the property line and shall be sloped to assure storm water discharge will not adversely affect the city or other properties, as determined by the city engineer.

(a) All driveway culverts shall be not less than 15 inches in diameter nor less than 20 feet in length.

(b) All driveway approaches which require a 24-inch diameter or larger culvert shall have concrete headwalls at each end.

(c) All driveway approaches which require a swale shall be designed so that the roadside drainage will not be impaired.

(2) It is unlawful for any person or firm to construct a driveway approach without authorization and a permit as required in this chapter.

(3) All construction shall be as specified in the design standards and specifications adopted by the city.

(4) Except as otherwise provided for herein, no driveway entrances shall be wider than 30 feet exclusive of the return radii. Except as otherwise provided for herein, the total width for all driveways on one ownership on any one street shall not exceed 50 percent of that ownership along the particular street. There are no standard conditions which will automatically warrant an exception to the above location and size and number of driveways. If for some reason the city engineer agrees that an exception is justified, he may grant an exception in writing but no precedent shall be thus established and each exception shall be considered on its own merits. (Ord. 2373 § 2, 1993; Ord. 1828 § 1, 1980).

11.08.120 Right-of-way dedication – Required.

No building permit or development permit shall hereafter be granted for the construction or substantial improvement of any industrial, commercial or residential building, or plat unless the plans and specifications therefor contain provisions for the dedication to the city of sufficient street right-of-way for the classification of the street abutting the property according to the street plans and street development needs of the city for that street. (Ord. 2373 § 2, 1993).

11.08.130 Street improvements, curbs, gutters and sidewalks – Construction required.

(1) Any person who constructs or causes to be constructed any new building or remodels in excess of $150,000 in valuation within any C, M, O, PF, Med, or RM zone, as well as any nonsingle-family residential use within an RS zone, fronting on any dedicated street or other publicly owned street shall construct curbs, gutters, sidewalks, storm drainage, and one-half street paving in accordance with the city’s specifications and standards along all street frontage adjoining the property upon which such building or structure exists.

(2) Any person who constructs or causes to be constructed any new building or remodels in excess of $150,000 in valuation for the purpose of accommodating a dwelling unit shall construct curbs, gutters, sidewalks and paving in accordance with the city’s specifications along all street frontage adjoining the property upon which such dwelling unit will be placed, but only if said property is located within any RS-10, RS-08, RS-06 or RS-04 zone, as set forth in PMC Title 20, and if one of the following conditions exists:

(a) The property is located on an arterial or collector street or is identified as a nonmotorized transportation link route as determined by the city and designated on an official map located at the public works department; or

(b) Curbs, gutters, and/or sidewalks exist within 300 feet (across or along) of the property to be developed; or

(c) In the determination of the city engineer, the property requires curbs, gutters, sidewalks and/or paving to provide for a proper drainage system.

(3) The provisions of this section shall not apply where adequate curbs, gutters, sidewalks and paving already exist. Whether adequate curbs, gutters, sidewalks and paving already exist in accordance with the city’s standard specification shall be determined in each instance by the city engineer and an endorsement to that effect shall be made upon each building permit at the time of issuance.

(4) The provisions of this section shall not apply when all of the following conditions exist:

(a) The structure is intended as a residential structure for low-income persons or is intended primarily to provide services to low-income persons; provided, however, that the provision of those services shall be to the benefit of the public at large without regard to race, color, national origin, sex, religion, age, marital status or disability;

(b) The construction of the structure involves some volunteer labor;

(c) The structure is being constructed by an organization classified as a 501-C nonprofit organization by the Internal Revenue Service; and

(d) For any building construction or remodeling in excess of $200,000 in valuation, the street improvements which are required under subsections (1) and (2) of this section must be in the current CIP list and identified for construction within three years from the date of issuance of the building permit. (Ord. 2853 § 1, 2006; Ord. 2574 § 1, 1998; Ord. 2466 § 1, 1996; Ord. 2451 § 1, 1995; Ord. 2405 § 1, 1994; Ord. 2373 § 2, 1993).

11.08.140 Effect of failure to construct.

The building official shall deny final approval and shall refuse to allow final public utility connections to any such building or dwelling unless curbs, gutters and sidewalks, where required by this chapter, are constructed, or unless a surety to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of such improvements as determined by the city engineer, and provided such construction of the improvements are completed within 90 days. (Ord. 2373 § 2, 1993).

11.08.150 Modification of requirements by reason of inadequate drainage.

When the city engineer determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the city engineer may require that only portions of the required work be done. (Ord. 2373 § 2, 1993).

11.08.160 Deviations from chapter.

(1) Deviation from the application of this chapter may be granted by the city engineer upon the finding that deviation from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the subject property, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

(2) Any person aggrieved by the decision of the city engineer regarding deviation from the provisions of this chapter may appeal such decision to the hearings examiner as outlined in PMC 11.04.080. (Ord. 2373 § 2, 1993).