Chapter 12.16
STREET IMPROVEMENTS
Sections:
12.16.010 Authority of property owners to construct.
12.16.020 Permit – Required – Restrictions.
12.16.030 Permit – Issuance standards.
12.16.035 Permit – Waiver of prerequisite to issuance.
12.16.040 Permit – Record maintenance.
12.16.050 Survey – Specifications.
12.16.070 Inspection required.
12.16.090 Sidewalks – Construction specifications.
12.16.100 Driveways – Number and width restrictions.
12.16.110 Driveways – Prohibited locations.
12.16.120 Driveways – Approaches near alleys.
12.16.130 Driveways – Approach construction specifications.
12.16.140 Driveways – Restoration of abandoned.
12.16.150 Curbs, gutters and aprons.
12.16.010 Authority of property owners to construct.
Any abutting property owner or owners are granted the right to construct sidewalks, driveways, crosswalks, curbs, or gutters in front of their property when constructed in conformity with this chapter and such rules and regulations as may be prescribed from time to time by the City Council. [1956 Code § 9-301, § 1.]
12.16.020 Permit – Required – Restrictions.
A. Before any person, firm or corporation commences to improve any of the public streets or alleys within the corporate limits of the City by the erection or construction of sidewalks, driveways, crosswalks, curbs, or gutters, or to do any work in or upon the streets and alleys whatsoever, he or it must first obtain a permit from the City Building Inspector.
B. No permit will be issued for any such work upon any street or alley within the corporate limits of the City when the grade has not been properly established or while a proposition to alter or amend the grade thereof is pending before the City Council, or after the City Council has granted a petition or adopted a resolution to improve the streets or alleys in question by the formation of a local improvement district, and no permit shall be issued unless the standards set forth in this chapter have been satisfied. [1956 Code § 9-301, § 3.]
12.16.030 Permit – Issuance standards.
The Director of Public Works shall issue a permit hereunder when he finds the following:
A. The plans for the proposed operation have been approved by the City Engineer, to whom they shall be forwarded by the Director of Public Works within a reasonable time after receipt thereof. [1956 Code § 9-301]
12.16.035 Permit – Waiver of prerequisite to issuance.
Before a permit is granted for new construction within the City, the applicant shall do that which is required under subsections (B) and (C) of this section:
A. “New construction” as used in this section, means any construction of a new building (other than a detached residential garage or storage-type shed) or the moving of a building onto a vacant lot;
B. If the Director of Public Works so directs, the applicant shall obtain an appropriate permit for the construction, at his own expense and in accordance with specifications set forth by the Director of Public Works, of street, gutter, curb, apron and/or sidewalk on such area that may adjoin the property being improved, and install such improvements before occupancy of the premises, the applicant to bear all engineering costs necessary to establish location, grade and other similar data; or
C. If the Director of Public Works so directs, street, curb, gutter, apron and/or sidewalk improvements shall not be installed by the owner at the time of construction of the main improvement on the property; provided, however:
1. The owner shall be required to sign a waiver in a form generally approximating that contained in said subsection (D) of this section, which waiver shall be recorded with the office of the Yakima County Auditor; or
2. The Director of Public Works may require the applicant to agree to install the street, curb, gutter, apron and/or sidewalk improvements at the applicant’s own expense and in accordance with the specifications set forth by the Director of Public Works at a later date when requested by the City, which work shall be completed within 45 days of notification by the Director. Such agreement shall be in writing, shall include reference to the legal description of the property abutting the proposed curb, etc., improvement, and shall be recorded with the Yakima County Auditor;
D. Waiver.
WAIVER
THE UNDERSIGNED, being all those parties with an interest in the real property described on the attached exhibit (“the premises” herein) in order to fulfill the conditions precedent to the granting of a building permit by the City of Sunnyside and other valuable consideration, do hereby agree that no protests can be made by the undersigned parties, their heirs, successors and assigns to the formation of a Local Improvement District, with boundaries including, but not limited to, a part or all of the premises, for the purpose of constructing street, sidewalks, curbs or aprons, or other improvements adjacent to or in the vicinity of the premises. Notwithstanding anything to the contrary contained herein, the undersigned parties, their heirs, successors and assigns, reserve their rights to object to the amount and apportionment of any such local improvement assessment, as to the premises, and to be heard, orally, regarding whether the district should be formed.
This Waiver shall be a covenant running with the above real property, shall be binding upon the undersigned and their heirs, successors and assigns.
IN WITNESS WHEREOF, the undersigned have set their hands and seals on this ________ day of ________________, _______.
________________________
________________________
STATE OF )
(ss:
County of )
On this day personally appeared before me, a Notary Public in and for said county and state, _________________________ ____________________________, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that said individuals signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this _____________ day of ____________________, _______.
______________________________
NOTARY PUBLIC in and for the State
of ___________________________,
Residing at ____________________.
My Commission Expires: _________.
[1956 Code § 9-301]
12.16.040 Permit – Record maintenance.
It shall be the duty of the City Building Inspector to keep a record of all permits issued for construction under the provisions of this chapter, which records shall show the date of issue thereof, to whom issued, a description of the property in front of which the improvement is to be made, the nature of the improvement, and an estimate of the quantity of work and the cost thereof, fees collected, and when accepted by the City Building Inspector and the date of such acceptance. [1956 Code § 9-301, § 5.]
12.16.050 Survey – Specifications.
Upon the granting of a permit by the City Building Inspector, it shall be the duty of this office, in conjunction with the City Engineer, to cause the proposed improvement to be staked out, giving lines and grades thereof, and shall furnish data and specifications to which the improvements must conform. The person or persons performing the work shall take proper precaution to protect the stakes set by the Building Inspector or City Engineer, and any and all stakes lost or destroyed shall be replaced only by the City Building Inspector or City Engineer at the expense of the person obtaining the permit. [1956 Code § 9-301.]
12.16.060 Safety precautions.
The contractor or person in charge of the construction of any such improvement shall see that good and sufficient fences or barriers shall be kept around such work at all times, and a sufficient number of red lights shall be placed at proper intervals upon such work during the nighttime as a warning to all persons traveling upon such streets or alleys. [1956 Code § 9-301, § 7.]
12.16.070 Inspection required.
No improvement will be accepted until the City Engineer or his designated inspector is satisfied that the work has been performed according to the plans, profiles, and specifications furnished by him and to the lines and grades established. [1956 Code § 9-301, § 8.]
12.16.080 Concrete required.
All construction of sidewalks, crosswalks, curbs, and gutters by private contract shall be of concrete as specified in this chapter and shall be constructed under the immediate supervision of the City Engineer or of an inspector appointed by the City Engineer. [1956 Code § 9-301, § 2.]
12.16.090 Sidewalks – Construction specifications.
All sidewalks in the City shall be constructed as follows:
A. The curb shall be integrated with the walk, although the curb shall be clearly defined with an appropriate marking in the cement.
B. Sidewalks in a residential area shall be five feet in width, excluding the width of the curb, with expansion joints provided at least every 20 feet. Sidewalks in business zones or for business uses shall extend from the property line to the curb, with expansion joints at least every 25 feet.
C. All sidewalks shall be four inches thick, except that where driveways cross the sidewalk, the concrete shall be increased to a thickness of six inches. The sidewalk shall be placed on well-compacted subgrade only and shall be of a soft brush finish.
D. All sidewalks shall otherwise be constructed in accordance with the standard plans for sidewalks as filed with the City Clerk, a copy of which will be furnished to the applicant at the time the application is filed. [1956 Code § 9-301, § 9.]
12.16.100 Driveways – Number and width restrictions.
The number and width of driveways and driveway approach aprons shall not exceed the following dimensions:
A. For residential driveways, only one 12-foot single driveway or one 20-foot double driveway shall be permitted to serve the applicant’s property frontage.
B. For commercial driveways, when one or more driveway approaches serve a given property frontage, no single driveway or apron shall exceed 30 feet in width; provided, that a safety island of not less than 20 feet of full height curb shall in all cases be provided between driveway approaches serving any one property frontage.
C. “Property frontage,” as used in this section, includes approach areas directly in front of property owned or under the control of the applicant and adjoining a public street and such areas as may be opposite adjoining property which are used for approach purposes by right of easement or agreement with adjoining property owner. [1956 Code § 9-301, § 11.]
12.16.110 Driveways – Prohibited locations.
A. No driveway approach shall be permitted to encompass any municipal facility. Under the permit provided for in this chapter, the applicant may be authorized to relocate any municipal facility, including any within the limits of a curb return which may be encroached upon as allowed under subsections (C) and (D) of this section.
B. At street intersections no portion of any driveway approach, including end slopes, shall be permitted between the limits of the intersection of the prolonged property lines and the curb, except as may be allowed under subsections (C) and (D) of this section.
C. At street intersections no portion of any driveway approach, including end slopes, shall be permitted between the limits of the intersection of the prolonged back edges of the sidewalks and the curb, except as may be allowed under subsection (D) of this section.
D. On all curb returns at street intersections where the radius is 25 feet or more, driveway approaches, including end slopes, may encroach upon each end of the return for a distance equal to 12 and one-half percent of the total length of the arc to the curb return, thus leaving at least 75 percent of the length of the arc of the curb return face free from driveway encroachment.
E. Notwithstanding the provisions of subsections (B) and (C) of this section, at street intersections, no portion of any driveway approach, including end slopes, shall be permitted between the points of curvature of the curb return where the radius of the curve is 20 feet or less. [1956 Code § 9-301, § 12.]
12.16.120 Driveways – Approaches near alleys.
Driveway approaches located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return. The total apron length plus the alley width, measured at the curbline of the apron to the opposite alley line, shall not exceed 40 feet. [1956 Code § 9-301, § 13.]
12.16.130 Driveways – Approach construction specifications.
The construction requirements for all driveway approaches shall be as follows:
A. All driveway approaches between the curbline and the property line shall be constructed of portland cement concrete. The concrete of the driveway approach, including the sidewalk sector, shall be a minimum of six inches thick for residential approaches and six inches for business approaches.
B. The sidewalk section of the driveway approach shall be finished and scored as specified by the City Engineer for typical sidewalk constructions. Apron and end slope end areas of the driveway approach shall be finished after troweling smooth and scoring with a fiber pushbroom drawn over the surface parallel to the curbline.
C. Driveway approaches shall otherwise be constructed in accordance with the standard plans for driveway approaches as filed with the City Clerk, a copy of which will be furnished to the applicant at the time the application is filed. [1956 Code § 9-301, § 14.]
12.16.140 Driveways – Restoration of abandoned.
In the event that any driveway is abandoned or discontinued, the owner of the property abutting thereon shall restore the same to the level of the adjoining sidewalk. In the event of failure so to do, the procedure shall be the same as provided by the laws of the State relating to the repair of sidewalks. [1956 Code § 9-301, § 15.]
12.16.150 Curbs, gutters and aprons.
All curbs, gutters and aprons shall be constructed in accordance with the standard plans for curbs, gutters and aprons filed with the City Clerk, a copy of which will be furnished to the applicant at the time the application is filed. [1956 Code § 9-301, § 16.]
12.16.160 Fees.
The Director of Public Works is authorized to charge the following fees for inspection services:
A. Curb-Gutter-Sidewalk Construction Permit Fee. Twenty-five dollar minimum fee for the first 250 square feet of sidewalk and/or the first 50 linear feet of curb and gutter. For additional sidewalk, curb and gutter, an additional fee of five cents ($0.05) per square feet of sidewalk and $0.25 per linear foot of curb and gutter shall be charged in addition to the minimum fee.
B. All charges shall be paid in advance at the time the permit is obtained. [Ord. 1918 § 2, 1996; 1956 Code § 9-301, § 17.]
12.16.170 Variances.
A. The Public Works Director is authorized to grant in writing variances from the regulations and requirements of this chapter; provided, the Public Works Director first determines that the following conditions are present:
1. The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts of the City;
2. The variance requested is not against the public interest, particularly safety, convenience and general welfare; and
3. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners.
B. In the event any requested variance is denied by the Public Works Director, the person seeking such variance may appeal the decision of the Public Works Director to the City Council. Such appeal shall be in writing and shall be submitted to the City Clerk within 10 days of the date the request for variance was denied by the Public Works Director. When reviewing any such appeal, the City Council shall consider the factors specified in subsection (A) of this section, together with any other factor deemed appropriate by the City Council. [Ord. 1851 § 1, 1994; Ord. 1226 § 2, 1979; 1956 Code § 9-301, § 18.]