TITLE 14
STREETS, SIDEWALKS, CURBS, DRIVEWAYS AND PARKING STRIPS

Chapters:

14.01 Construction and Maintenance

14.02 Prohibited Acts

14.03 Penalties for Violation

14.04 Vegetation

14.05 Work Within Public Rights-of-Way

14.06 Right-of-Way Vacation

14.07 Adopt-a-Street and Adopt-a-Trail Programs

Chapter 14.01
Construction and Maintenance

Sections:

14.01.010 Regulations governing construction of sidewalks, curbs, driveways and parking strips.

14.01.020 Correction of defective sidewalk.

14.01.030 Method of repair of sidewalks.

14.01.010 Regulations governing construction of sidewalks, curbs, driveways and parking strips.

The following regulations shall apply with reference to sidewalks, driveways, curbs and parking strips, namely:  Driveways shall be not less than 10 feet nor more than 16 feet wide across the curbing, sidewalk, and parking strip.  No driveway shall be constructed or maintained closer than 15 feet to any street intersection measuring from curb line.  Any sidewalk, curb, or driveway which may hereafter be constructed within the City shall be of cement of sufficient mix and thickness to have a pressure strength of 2,000 pounds per square inch after 28 days.  Sidewalks shall be at least five feet wide, and no dips or raises shall be constructed or permitted in any sidewalk.  Gutters shall be left unobstructed for free passage of drain water, and no apron shall be permitted next to the curbing in the gutter except by special permit of the City when the topography warrants.  The grade of any sidewalk, curb or parking strip shall not be changed.  It shall be unlawful for any person to cause or permit any work to be done which violates or does not conform to the above.  (Ord. 30 § 7, Sept. 17th, 1953).

14.01.020 Correction of defective sidewalk.

Whenever any sidewalk has become unsafe or unfit for public use, or whenever it appears necessary or advisable that a new sidewalk be constructed, or an old sidewalk replaced or repaired, or an obstruction removed, the Council may by resolution order the work done at the expense of the owner or occupants of the abutting property. Notice shall be given to such owner or occupants, and procedure shall be followed as specified and provided by Chapter 149 of the Laws of 1915 as supplemented by Chapter 177 of the Laws of 1949 of the State of Washington as the same now exist or may hereafter be amended. Nothing contained in this paragraph shall be construed to prohibit or limit the right of citizens or of the City to initiate sidewalk improvements by means of a local improvement district. (Ord. 30 § 8, Sept. 17th, 1953).

14.01.030 Method of repair of sidewalks.

All breaks in or removals of sidewalk or curbing shall be promptly repaired or replaced according to the specifications of the City and subject to inspection and approval by the City. During the time any sidewalk or curb is removed or broken as aforesaid, the person responsible shall make, provide or install such temporary repairs, markings, barricades, warning signs and the like as may be necessary to render the sidewalk safe and prevent injury. (Ord. 30 § 6, Sept. 17th, 1953).

Chapter 14.02
Prohibited Acts

Sections:

14.02.010 Damage to sidewalks or curbs.

14.02.020 Duty of abutting owner to repair.

14.02.030 Duty of abutting owner to remove snow, ice or obstructions.

14.02.040 Obstructing parking strips, sidewalks or streets prohibited.

14.02.050 Unauthorized installation of driveway.

14.02.010 Damage to sidewalks or curbs.

Except as hereinafter provided, it shall be unlawful for any person to drive or propel any motor vehicle along, over or across any sidewalk, curb or parking strip within the City; or to tear up, break, or remove any sidewalk or curb; or to place, maintain or permit any obstruction on or across any sidewalk; or to create, cause, maintain or permit any condition to exist which renders a sidewalk unfit or unsafe for use. (Ord. 30 § 1, Sept. 17th, 1953).

14.02.020 Duty of abutting owner to repair.

It shall be the duty of the owner or occupant of abutting property to keep the sidewalk or curb in front of such property in good repair, and to remove or correct any condition which renders such sidewalk unsafe or unfit for use. (Ord. 30 § 2, Sept. 17th, 1953).

14.02.030 Duty of abutting owner to remove snow, ice or obstructions.

It shall be the duty of the owner or occupant of abutting property to keep the sidewalk in front of such property free from snow, ice, or obstruction of any kind, either natural or artificial. (Ord. 30 § 3, Sept. 17th, 1953).

14.02.040 Obstructing parking strips, sidewalks or streets prohibited.

It shall be unlawful for any person to place or maintain any sign, structure or opaque object of any kind on any parking strip within the City which obstructs the vision of traffic on the streets; or to place or maintain any tree, plant or shrub which overhangs a sidewalk or street in such manner as to impede or restrict a free and unobstructed use thereof by the public. (Ord. 30 § 4, Sept. 17th, 1953).

14.02.050 Unauthorized installation of driveway.

It shall be unlawful for any person to break or remove, or permit to be broken or removed, any sidewalk or curbing, for the purpose of installing a drive-way or otherwise, without first obtaining permission from the City. Application for such permission shall in all cases be made in writing through the office of the City Clerk. (Ord. 30 § 5, Sept. 17th, 1953).

Chapter 14.03
Penalties for Violations

Sections:

14.03.010 Penalties.

14.03.010 Penalties.

Violations of any of the provisions of this chapter shall constitute a misdemeanor, and any person convicted of a violation thereof shall be subject to a fine, not to exceed $100.00, or imprisonment for a term not to exceed thirty (30) days, or both, for each offense. (Ord. 30 § 9, Sept. 13th, 1953).

Chapter 14.04
Vegetation

Sections:

14.04.010 Maintenance of property.

14.04.020 Definition.

14.04.030 Nuisance declared.

14.04.040 Abatement action.

14.04.050 City removal/destruction of vegetation.

14.04.060 Appeal.

14.04.070 Hazardous conditions--Overhanging streets and sidewalks.

14.04.080 Hazardous conditions--Fire hazards.

14.04.090 Hazardous conditions--Removal.

14.04.100 Hazardous conditions--City action.

14.04.010 Maintenance of property.

Every property owner shall be required to maintain his or her property adjoining public property free from vegetation as hereinafter defined, in order that such property shall not become a nuisance or endanger the safety, health, or welfare of the general public. (Ord. 434 § 1, June 12th, 1991).

14.04.020 Definition.

For the purpose of this chapter “vegetation” shall include all grass, weeds, shrubs, bushes, trees, growing or which have grown and died, which constitute a fire hazard as determined by the Fire Chief or which menace public health, safety or welfare. (Ord. 434 § 2, June 12th, 1991).

14.04.030 Nuisance declared.

Vegetation as defined in Section 14.04.020 is hereby declared to be a public nuisance, and shall be abated as herein provided. In the case of adjoining undeveloped parcels of property, the total area of which is more than one acre, elimination of the fire hazard presented by vegetation may be accomplished by removing the vegetation from the area within twenty feet of abutting, improved, properties. (Ord. 434 § 3, June 12th, 1991).

14.04.040 Abatement action.

Upon determination that any real property within the City is the site of vegetation in violation of this chapter, the City Administrator shall be notified, and he or the Fire Chief, Maintenance Supervisor or their authorized representative shall take the following actions:

(a) Contact the property owner and inform the owner of the determination and the need to remove the vegetation within twenty days.

(b) Upon failure of the property owner to comply with the informal notification, the City Administrator shall issue written notice by certified mail to the property owner as shown by the records of the County Assessor directing the removal of the vegetation within twenty days of the issuance of the notification.

(c) Upon failure of the property owner to comply with the written notification, the City Attorney shall present for City Council consideration a resolution which instructs the property owner to remove the vegetation within twenty days following adoption of the resolution. Such resolution shall contain the street address and legal description of the real property, shall describe the violations thereon, and shall notify the property owner that failure to comply with the abatement directions therein will result in abatement by the City, with the costs thereof to become a charge against said property owner and a lien upon the real property. The owner of the property shall be given not less than five days’ written notice of presentation of the proposed resolution to the City Council and shall be given an opportunity to speak at the Council meeting regarding the resolution. In addition to written notice the City shall also post a copy of the notification of Council consideration upon the real property. Upon passage of the resolution, the City shall promptly give notice in writing thereof to the property owner.  (Ord. 434 § 4, June 12th, 1991).

14.04.050 City removal/destruction of vegetation.

If, after the expiration of twenty days from the adoption of the resolution referred to in Section 14.04.040(C), the vegetation has not been removed or destroyed in accordance with the direction therein, the Maintenance Supervisor shall remove or destroy said vegetation, and the cost thereof, along with the City’s reasonable costs of enforcement hereunder, shall become a charge against the owner of the real property and a lien against said real property, in accordance with the provisions of RCW 35.21.310. (Ord. 434 § 5, June 12th, 1991).

14.04.060 Appeal.

Any person having an interest in the property described in the written notice may, within the time fixed for abatement set out in the notice, appeal to the City Council by filing a written notice of appeal, setting forth the grounds therefor, with the City Clerk, and the City Council shall set a date for the hearing of such appeal. The City Clerk shall notify the appellant, and all persons having an interest in said property, by mail of the time and place of hearing of said appeal. After the hearing thereon, the City Council may affirm, modify, or overrule the abatement order. The order of the City Council shall be in writing, and in the event it determines that abatement is required, shall require that the condition be abated within ten (10) days of issuance of its findings. Filing of the notice of appeal shall stay the abatement notice as to all persons affected thereby. (Ord. 434 § 6, June 12th, 1991).

14.04.070 Hazardous conditions--Overhanging streets and sidewalks.

The owner or occupier of any property in the City of DuPont shall remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such manner as to impair the free and full use of the sidewalk or street by the public. (Ord. 492 § 4, Nov. 9th, 1993).

14.04.080 Hazardous conditions--Fire hazards.

The owner or occupier of any property in the City of Dupont shall remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which have grown and died, and remove all debris, which are a fire hazard or a menace to public health, safety or welfare. (Ord. 492 § 4, Nov. 9th, 1993).

14.04.090 Hazardous conditions--Removal.

In the event that vegetation or debris is not removed or destroyed in compliance with Sections 14.04.070 or 14.04.080, the Clerk/Treasurer shall give not less than five (5) days’ written notice thereof to the owner or occupier, which notice shall describe the property involved and the hazardous condition, and shall require the owner or occupier to make such removal or destruction within five (5) days after receipt of such notice. Such notice shall further provide that if such removal or destruction is not then made, the Council may by resolution cause the City to remove or destroy such vegetation and debris, and that the cost thereof shall become a charge against the owner or occupier of the property and a lien against the property, which lien shall be recorded and foreclosed as nearly as practicable in the manner provided by law for liens for labor and materials. (Ord. 492 § 4, Nov. 9th, 1993).

14.04.100 Hazardous conditions--City action.

In the event that, following receipt of the notice provided for in Section 14.04.090, such vegetation or debris is not removed or destroyed, the Council may by resolution cause the same to be removed or destroyed by the City, and the cost thereof shall become a charge against the owner or occupier of the property and a lien against the property, which lien shall be recorded and foreclosed as nearly as practicable in the manner provided by law for liens for labor and materials. (Ord. 492 § 4, Nov. 9th, 1993).

Chapter 14.05
Work Within Public Rights-of-Way

Sections:

14.05.010 Permit.

14.05.020 Pavement cutting prohibition.

14.05.030 Fees.

14.05.040 Bonding and insurance.

14.05.050 Maintenance of traffic.

14.05.060 Hours of work.

14.05.070 Notification.

14.05.080 Reservation of City rights.

14.05.090 Grantee responsibilities--Indemnification.

14.05.100 Standards.

14.05.110 Billings for utility companies.

14.05.120 Penalties.

14.05.130 Variance.

14.05.010 Permit.

Any person, firm, corporation, joint stock company, partnership, association or otherwise, whether of a private or governmental nature, and excepting therefrom only the City of DuPont itself by its duly authorized agents or employees shall, prior to causing any excavation to be made over, along, under or across any street within the incorporated limits of the City of DuPont as presently or hereafter constituted, apply for a permit to do said excavation prior to the time of excavation, and shall supply to the appropriate agency of the City information sufficient to show the nature, purpose and location of the excavation. (Ord. 480 § 1, July 13th, 1993).

14.05.020 Pavement cutting prohibition.

All pavement types shall not be cut for a period of five (5) years after the pavement has been constructed or resurfaced. In cases of emergency or construction failures or if all alternatives to pavement cutting have been exhausted, provisions to allow cutting of the pavement may be obtained if approved by the City. Provisions shall be conditioned on providing a standard asphalt patch and minimum 150 linear foot overlay for asphalt concrete pavement and bituminous surface treatment pavement or standard cement concrete restoration for cement concrete pavements. (Ord. 480 § 2, July 13th, 1993).

14.05.030 Fees.

Where permits are required by this chapter, the basic fees for said permit shall be $50.00 plus an additional amount, to cover inspection costs, calculated as follows:

(a) For each street crossing excavation, $1.00 per square foot of patch. Patch must extend 12 inches beyond the extent of trench. Permits for street crossing may only be issued where other methods have been tried and have been unsuccessful, or are deemed to be unsuitable by the City. Should such a permit be issued on-site inspection may be required during the backfilling and restoration process.

(b) Permits for a push or boring will not require an additional fee. Permits for a push or boring will not require on-site inspection provided the excavation for the pit is at least 5 feet from the edge of pavement. Conversion of a permit from a push to an open cut will require submittal of an amended permit application, however the City may allow construction to proceed pending receipt of an amended permit application.

(c) For any longitudinal excavation outside the pavement section $0.25 per lineal foot of trench. Longitudinal trenches outside the pavement and within 2 feet of the edge of pavement are allowed only by variance. Longitudinal trenches within 2 feet of the edge of pavement will require overlay of 1/2 of the street length of the trench and 10 feet beyond on each end.

(d) Longitudinal trenches within the pavement will be charged on the basis of $1.00 per square foot of patch. Patches are measured 12 inches beyond the trench section. Overlay of one half the road width will be required.  (Ord. 480 § 3, July 13th, 1993).

14.05.040 Bonding and insurance.

A street restoration bond is required for the protection of the City. The bond shall be for a minimum of $5,000.00. If multiple projects are under construction at the same time the Public Works Director may require higher bond amounts.

Contractors or utility owners working within the public right-of-way will carry liability insurance in an amount of at least $1,000,000.00 and will provide the City with a certificate of insurance which names the City as a coinsured for all work they perform within the City’s right-of-way. Evidence of a credible self insurance program may be substituted for this insurance requirement provided that prior approval is given by the City. (Ord. 480 § 4, July 13th, 1993).

14.05.050 Maintenance of traffic.

During the progress of the work, such barriers and warning signs shall be erected and maintained as may be necessary or as may be directed for the protection of the traveling public; the barriers shall be properly lighted when in place during hours of darkness and/or as required by the City. At no time during construction will any roadway be entirely closed. One-way traffic shall be maintained at all times unless an approved, signed detour route is established. All traffic control shall comply with the Manual of Uniform Traffic Control Devices (MUTCD). All flaggers shall be qualified and shall have a Flagger’s Card as issued by the Department of Labor and Industries on their person while performing the duties of a Flagger. All Flaggers shall wear the proper safety equipment as required by the Department of Labor and Industries. (Ord. 480 § 5, July 13th, 1993).

14.05.060 Hours of work.

No work will be permitted on Saturday, Sunday, or any holiday or between the hours of 6:00 P.M. and 6:00 A.M. of any working day, except in case of emergency and then only upon notification of the City of DuPont. (Ord. 480 § 6, July 13th, 1993).

14.05.070 Notification.

The permit holder shall be responsible for the notification of all impacted parties 48 hours prior to start of construction. The following will be notified as a minimum:

(a) DuPont Police Department;

(b) DuPont Fire Department;

(c) School District serving the City;

(d) United States Post Office;

(e) City Hall (Operations and Maintenance Supervisor).

(Ord. 480 § 7, July 13th, 1993).

14.05.080 Reservation of City rights.

The City reserves the right to order the change of location or the removal of any structure or structures authorized by permit or franchise at any time; said change or removal will be made at the sole expense of the party or parties to whom the permit is issued, or their successors and assigns.

All such changes, reconstruction or relocation by the grantees shall be done in such manner as will cause the least interference with any of the City’s work and the City shall in no way be held liable for any damage to the grantee by reason of any such work by the City, its

agent or representatives or by the exercise of any rights by the City upon the roads, streets, public places or structures in question. The City may revoke, annul, change, amend, amplify or terminate the permit issued or any of the conditions herein enumerated if grantee fails to comply with any or all of the provisions, requirements or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with notices given or if the utility is not installed or operated and maintained in conformity herewith or at all or for any cause or reason whatsoever. (Ord. 480 § 8, July 13th, 1993).

14.05.090 Grantee responsibilities--Indemnification.

(a) By accepting a permit, the grantee, its successors or assignees, agrees to indemnify and defend the City from and against claims made against the City for injuries or damages arising out of work performed by the grantee within the public right-of-way, but only to the extent that such claims are for injuries or such damages are caused by the activities of the grantee in the prosecution of such work. Any claim, from and against which the City intends to seek indemnity from the grantee, shall be submitted to the grantee in writing and grantee shall have the right at its election and sole cost and expense to settle, compromise or defend such claim by attorneys of its own election. Grantee hereby waives its immunity from suit under R.C.W. 51 if necessary to comply with this provision.

(b) If the work done under the permit interferes in any way with the drainage of the City streets, or causes damage, the grantee shall wholly and at his own expense make such provisions as the Mayor may direct to take care of said drainage and/or damage.

(c) On completion of said work herein contemplated, all rubbish and debris shall be immediately removed and the roadway and roadside shall be left neat and presentable and satisfactory to the Mayor.

(d) Grantee shall comply with the Washington State Electrical Code, Washington State Department of Highways Standards and Standard Specifications for Road and Bridge Construction and all local codes, standards and ordinances.

(e) The Grantee recognizes and agrees that it is responsible for and will make at its own expense any changes that may be required in the location of work constructed under permits issued under these regulations.

(f) The Permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the City from granting other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the City from using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them, none of which is hereby surrendered.

(g) The party or parties to whom a permit is issued shall maintain at his or their sole expense the structure or object for which the permit is granted in a condition satisfactory to the Mayor.

(h) In accepting a permit, the grantee, his successors and assigns, agree that any damage or injury done to the property of the grantee or any expense incurred by him through the operation of a contractor, working for the City or of any City employee shall be at the sole expense of the grantee, his successors or assigns.  (Ord. 480 § 9, July 13th, 1993).

14.05.100 Standards.

(a) All final asphalt cuts will be made by saw cutting; wheel or jackhammer cuts will not be allowed unless the entire street is to be overlaid. See Exhibit “A” attached to the ordinance codified in this chapter.

(b) All backfill under asphalt paving and/or within 4 feet of the edge of pavement will be crushed rock meeting Washington State Department of Transportation’s (WSDOT) Standard Specification for crushed surfacing or other material deemed suitable by the City.

(c) All backfill under asphalt paving will be placed in layers and each layer will be mechanically compacted using vibratory compactors capable of attaining the required compaction. Minimum compaction for all trenches under asphalt or within 4 feet of the edge of pavement will be 95% of the Standard Proctor Density. Minimum density for all other areas within the public right of way shall be 90% of the Standard Proctor Density. Inspection and/or testing if required by the City shall be at the sole expense of the permittee.

(d) All buried pipelines, cable or wiring installed within the public right of way shall have at least 36" minimum cover unless written approval of the Mayor is secured prior to actual construction.

(e) All non-metallic pipelines shall have 16-gauge minimum size copper locator wires buried with the pipe. Locator wires shall be brought to the surface at approximate 400-foot intervals to allow locators to connect to the locator wires. Connection to residential gas meters or telephone pedestals will serve to meet this requirement.

(f) All utilities installed after the effective date of this ordinance will be installed in conduit where they cross or lie under the traveled portion of the roadway or where they lie within 2 feet of the edge of pavement. Piping used as conduit shall be appropriately sized and shall be at least Schedule 40 PVC where other regulations do not exist and/or take precedence.

(g) A temporary patch of cold mix asphalt shall be installed on all asphalt cuts at the completion of the backfill and compaction process and at the end of each day during which a project is ongoing. The permittee is required to maintain all patches to conform to the original cross section and grades of the surrounding road. Permittees or their contractors must make required repairs to trench patches within 24 hours when repairs are required to maintain the safety of the public roadway. Where permittees, their agents or employees fail to make repairs required by the City within 24 hours the City may cause the repairs to be made and the total cost of those repairs together with the City’s overhead and attorney fees shall be borne by the permittee or the permittee’s bonding company. No new permits will be issued and no work will be allowed on other existing permits while any person, company or entity is in default of any of the provisions of this ordinance.

(h) Final restoration must be completed as soon as possible using 2" minimum thickness of Class B Asphalt Concrete Pavement (ACP). All patches will be constructed using best practices and are required to meet or exceed WSDOT Standard Specifications for thickness of asphalt, smoothness and compaction. Sealing of all patch edges with hot asphalt following completion of each patch is required.

(i) Overlays required by provisions of this chapter will be constructed of ACP meeting the WSDOT requirements for Class B ACP and will be at least.10 foot in thickness.  (Ord. 480 § 10, July 13th, 1993).

14.05.110 Billings for utility companies.

The City shall bill all utility companies listing all permits issued for the month, the amount for each permit and the total amount of the invoice. (Ord. 480 § 11, July 13th, 1993).

14.05.120 Penalties.

In the event that excavation is commenced without the excavator having applied for a permit prior to excavation, the Mayor or his duly authorized agent or employee may cause said excavation to cease, the hole to be filled and the roadway surface repaired at the grantee’s expense, even though said excavation is not complete. Except, that in those cases where emergency repairs are required, work may start immediately without prior approval from the City. Permits covering the emergency repairs shall be applied for as soon as the extent of the repair is determined. Any person, firm, corporation or otherwise who fails and refuses to comply with the terms of this chapter by failing or refusing to obtain a permit and pay the fees as herein set, shall be guilty of a misdemeanor. (Ord. 480 § 12, July 13th, 1993).

14.05.130 Variance.

All matters not specifically authorized by the terms of this chapter may be processed by a request for a variance. Variances shall only be granted upon presentation of evidence which shows that the variance request meets the following criteria:

(a) That the variance is necessary to overcome a practical difficulty or unnecessary hardship.

(b) That the need for a variance does not result from past actions or decisions of the requesting party or their predecessors.

The City shall either grant or deny a request for a variance, within 10 working days of the City’s receipt of a variance request and the supporting documentation.  Variance requests require the payment in advance of a $250.00 processing fee.  (Ord. 480 § 13, July 13th, 1993).

Chapter 14.06
Right-of-Way Vacation

Sections:

14.06.010 General.

14.06.020 Process.

14.06.030 Application requirements.

14.06.040 Application sequence.

14.06.050 Decisional criteria.

14.06.060 Conditions of approval.

14.06.070 Easements.

14.06.080 Compensation.

14.06.090 Waiving compensation--Other governmental agencies.

14.06.100 Title to vacated streets or alleys.

14.06.110 Vesting rights not affected.

14.06.120 Expiration of right-of-way vacation applications.

14.06.130 Severability.

14.06.010 General.

  A right-of-way vacation is a process by which City rights-of-way may be vacated pursuant to Chapter 35.79 RCW.  The process may be initiated by a property owner via petition or by the City via resolution.  (Ord. 98-617 § 1).

14.06.020 Process.

  A right-of-way vacation application is decided by the City Council pursuant to DMC 25.215.060 following a public hearing with the Planning Agency.  The final decision may be appealed to the Pierce County Superior Court as allowed by Chapter 25.215 DMC, Article VI, Appeals.  (Ord. 98-617 § 1).

14.06.030 Application requirements.

(a) The Planning Department shall establish, and may revise, submittal requirements in the form of a right-of-way vacation application.  The application shall delineate specific submittal requirements and completeness criteria for right-of-way vacation applications.  The application shall be available to the public.  The submittal requirements of this chapter shall be used to determine whether an application for right-of-way vacation is complete.

(b) Submittal Requirements.  An application shall be considered complete when it contains the following:

(1) Applicant’s name, address and phone number;

(2) Vacation petition sighed by an owner of real estate abutting the area requested to be vacated;

(3) Drawing prepared by a surveyor licensed in Washington State describing the requested area to be vacated;

(4) Current legal description of requested area to be vacated (within 30 days);

(5) Payment of all applicable filing fees.  In the event of insufficient funds on the draft, the application shall be deemed null and void; and

(6) Proposed actions shall be consistent with the comprehensive plan and applicable development regulations.

(c) The City Planner may waive specific submittal requirements determined to be unnecessary for review of a specific right-of-way vacation application.  (Ord. 98-617 § 1).

14.06.040 Application sequence.

(a) Right-of-way vacation applications shall be processed in accordance with DMC 25.215.060 with final decision by the City Council.

(b) If the right-of-way vacation petition is signed by the owner’s of more than two-thirds of the property abutting upon the part of the street requested to be vacated, the City Council shall, by resolution, fix the time when the petition will be heard and determined by the City Council.  The hearing shall not be more than 60 days nor less than 20 days after the date of the passage of the resolution establishing the hearing date, as specified by RCW 35.79.010.

(c) Notice of the City Council public hearing shall be in accordance with RCW 35.79.020.  (Ord. 98-617 § 1).

14.06.050 Decisional criteria.

All of the following decisional criteria must be met in order for the application to be granted:

(a) The proposed vacation is consistent with the goals and policies for street system, transportation as expressed in the DuPont comprehensive plan and generalized land use map;

(b) That the vacation will provide a public benefit, and/or will be for a public purpose;

(c) That the vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole;

(d) That the public need shall not be adversely affected;

(e) That the right-of-way is not contemplated or needed for future public use;

(f) That no abutting owner becomes landlocked or that their access will not be substantially impaired; i.e., there must be an alternative mode of ingress and egress, which is acceptable to the City; and

(g) That the vacation shall not be in violation of RCW 35.79.035.  (Ord. 98-617 § 1).

14.06.060 Conditions of approval.

  The City may condition the application in order to insure consistency with provisions of the above decisional criteria.  (Ord. 98-617 § 1).

14.06.070 Easements.

  The City may retain an easement or the right to exercise and grant easements within the vacated land for construction, repair and maintenance of public utilities and services.   Any easement shall be recorded with Pierce County at the expense of the petitioner.  (Ord. 98-617 § 1).

14.06.080 Compensation.

(a) The amount of compensation required to be paid to the City as a condition of approval shall be in an amount which does not exceed 50 percent of the appraised value of the area to be vacated except in the event the subject property was acquired at public expense.  Under this scenario compensation shall be 100 percent of the appraised value of the area to be vacated.  The appraisal shall take into account any retained right of the City for future use which would restrict the private use of the property.  Compensation shall not be required for vacation of easements held by the City for which no public funds were expended in the acquisition.

(b) In lieu of payment for monetary compensation, the petitioners may propose to grant or dedicate to the City real property which has a fair market value equal to or greater than the appraised value of the property to be vacated.  The City shall not be obligated to accept such an exchange and the decision of the City on the acceptance of the alternate property offered shall be final.  (Ord. 98-617 § 1).

14.06.090 Waiving compensation--Other governmental agencies.

  Where a vacation or transfer of public property is initiated by another governmental agency or jurisdiction, the City may waive any compensation required by this section and may also waive related filing fees, if the Mayor deems such a waiver to be in the public’s interest and advantage.  A transfer or vacation of property in which compensation has been waived under this section shall be accompanied by a covenant providing that the City shall be compensated by the fair market value of the interest conveyed or vacated at the time of any future sale or lease of the subject property by said other governmental agency.  (Ord. 98-617 § 1).

14.06.100 Title to vacated streets or alleys.

  If any street or alley is vacated pursuant to this chapter, the property within the limits so created shall belong to the abutting property owners, one-half to each.  (Ord. 98-617 § 1).

14.06.110 Vesting rights not affected.

  No vested rights shall be affected by the provisions of this chapter. (Ord. 98-617 § 1).

14.06.120 Expiration of right-of-way vacation applications.

(a) For right-of-way vacation, applications the Planning Department shall:

(1) Set an application expiration deadline of four months from the date of first notification that an application is incomplete pursuant to DMC 14.06.030, within which an applicant must submit the information necessary to make the application complete; and

(2) Set an application expiration deadline of four months for submitting each correction, study or additional information the City may request for evaluating a complete application, calculated from the date of each request.

(b) Failure to submit all requested material by the application expiration deadline shall cause the application to be considered abandoned.

(c) The applicant is responsible for monitoring the time limitations and reviewing deadlines for the application.  The City shall not be responsible for maintaining a valid application.  If the application expires, a new application may be filed with the City, but shall be subject to the development regulations in effect on the date the new application is complete by the City.  (Ord. 98-617 § 1).

14.06.130 Severability.

  If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.  (Ord. 98-617 § 1).

Chapter 14.07
Adopt-a-Street and Adopt-a-Trail Programs

Sections:

14.07.010 Created.

14.07.020 Purpose.

14.07.010 Created.

  The City of DuPont Adopt-a-Street and Adopt-a-Trail programs are hereby created and approved.  (Ord. 04-758 § 1; Ord. 05-804 § 1).

14.07.020 Purpose.

  The purpose of the Adopt-a-Street and Adopt-a-Trail programs is to provide opportunities for community service by allowing and encouraging citizens to adopt a street or trail section for the purpose of litter control and pickup, thus fostering both the improved appearance of the City streets and trails and citizen involvement.  (Ord. 04-758 § 2; Ord. 05-804 § 2).