Chapter 12.24
TOWN RIGHTS-OF-WAY

Sections:

12.24.010    Encroachments – Permit –Agreement.

12.24.020    Existing encroachments.

12.24.030    Permit.

12.24.040    Appeal.

12.24.010 Encroachments – Permit –Agreement.

A. An “encroachment” is any intrusion, irrespective of height or size, into a sidewalk, street, or other public right-of-way and includes, but is not limited to, fill material, retaining walls, rockeries, plants and trees either deliberately planted or growing from adjacent property, rocks, concrete, asphalt, impervious surfaces or structures and any other natural or manmade material. For purposes of this definition, grass and gravel are not considered encroachments of the town’s rights-of-way.

B. An encroachment into a public right-of-way is not allowed without an encroachment agreement.

C. A land owner seeking an encroachment agreement shall submit an application for a permit for encroachment into the public rights-of-way to the town and pay the applicable fee for such permit.

D. A permit to encroach into the public rights-of-way will be granted to an applicant that executes an encroachment agreement and establishes that the proposed encroachment meets or exceeds the criteria hereinafter set forth.

E. The criteria used by the town to either grant, deny or grant with modifications a permit to encroach into the public rights-of-way shall consist of:

1. Impact on operations and maintenance of existing and future public/franchise utilities.

2. Extent the improvements may interfere with existing or future street improvements.

3. Impact to sight distance of vehicles and pedestrians.

4. Impact to roadside shoulder parking.

5. Impact to health and safety.

6. How far the improvements will extend into the rights-of-way.

7. How permanent the improvements will be.

8. The extent the improvements give the general public the impression that they are excluded from using the rights-of-way.

9. The extent the improvements may interfere with future private development.

10. Impervious surface, walls/fences, boulders and large trees are not allowed.

11. What impact the encroachments would have on views of neighbors and the general public.

F. Prior to issuance of an encroachment permit, an encroachment agreement shall be signed and recorded by the applicant and/or owner of the property adjacent to the town rights-of-way and shall be recorded with the King County Records and Elections Office. An encroachment agreement shall:

1. Specify the type and location of materials, plants or structures allowed in the rights-of-way;

2. Specify the rights and responsibilities of the town and the adjacent land owner for maintenance and eventual removal of the encroachment;

3. Make provisions for reasonable public access, including view, to the rights-of-way and to any adjacent public property;

4. Make provisions for future access to the rights-of-way for utilities, drainage, vehicles, and pedestrians;

5. Protect the public health and safety;

6. State that the town shall be entitled to revoke an encroachment agreement at any time, with or without cause and without penalty or liability, and that the property owner shall return the property to the same or better condition than existed prior to the encroachment; and

7. Contain any other criteria deemed necessary by the town.

G. No construction of encroachments shall be allowed until an encroachment permit is issued and an encroachment agreement has been signed and recorded.

H. An encroachment agreement does not constitute a surrender by the town of any property rights to the town rights-of-way. (Ord. 610 § 1, 2010; Ord. 586 § 1, 2008; Ord. 557 § 1, 2006)

12.24.020 Existing encroachments.

Existing encroachments at the time of the passage of the ordinance codified in this section shall be allowed to remain until such time as an application for construction activity (new construction or remodel construction) is filed with the town or when existing encroachments are modified or changed. Upon the filing of an application for construction activity or when existing encroachments are modified, all encroachments must be brought into compliance with YPMC 12.24.010 and encroachment agreement must be signed and recorded. Failure to comply with this section will require all encroachments to be removed. (Ord. 610 § 1, 2010; Ord. 586 § 2, 2008; Ord. 557 § 1, 2006)

12.24.030 Permit.

No permits will be issued for new construction or remodel construction where encroachments exist in public rights-of-way until such time as an encroachment agreement is signed and recorded that shows compliance with YPMC 12.24.010. (Ord. 610 § 1, 2010; Ord. 586 § 3, 2008; Ord. 557 § 1, 2006)

12.24.040 Appeal.

A. Only a denial of an application for encroachment into public rights-of-way may be appealed.

B. The appeal shall be to the planning commission. The decision of the planning commission shall be final. (Ord. 610 § 1, 2010; Ord. 557 § 1, 2006)