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Title 12
STREETS, SIDEWALKS AND PUBLIC PLACESChapters:
12.04 Trees on Public Property
12.06 Street Use Permit
12.08 Obstruction of Streets
12.12 Vehicles on Streets
12.14 Standard Specifications for Road, Bridge, and Municipal Construction
12.16 Undergrounding of Utilities
12.17 Repealed
12.18 Right-of-Way Restrictions
12.20 Street Construction Standards
12.22 City Parks
12.24 City Swimming Pool
12.28 Senior Center Facilities
12.32 Naming Public Parks and Recreation Facilities
Chapter 12.04
TREES ON PUBLIC PROPERTYSections:
12.04.010 Removal of trees from public property.
12.04.010 Removal of trees from public property.
It is unlawful for any person to destroy or remove any tree from any property owned by the city, or under its control or management, without a permit from the community development director. City council approval is required prior to the issuance of a permit by the community development director when the tree is located on city property not within the public right-of-way, is not a safety hazard, is not dead or diseased, or is not part of a development plan approved by city council for the use of city property. (Ord. 1257 § 1, 1996; Ord. 35 § 1, 1958).
Chapter 12.06
STREET USE PERMITSections:
12.06.005 Purpose.
12.06.010 Street access permit required.
12.06.020 Improvements required.
12.06.025 Street use fees.
12.06.030 Substantive environmental authority.
12.06.040 Approving authority.
12.06.005 Purpose.
The purpose of this chapter is to assure that no project is allowed to impact city streets or intersections unless and until the potential impacts to city streets and intersections have been identified, reviewed and mitigated. For purposes of this chapter, adding any traffic to a city street affects the level of service of the street upon or through which the traffic flows. (Ord. 1352 § 1, 1999).
12.06.010 Street access permit required.
A street access permit is required for a development before said development is allowed to have access to a city street. “Development” is defined as any change in use of property or any use of property which increases the number of traffic trips per day. (Ord. 1352 § 2, 1999).
12.06.020 Improvements required.
A street access permit shall require that the impact of the development on all city streets and intersections that are affected to any degree by traffic from the development shall be mitigated. If the impact does not require the immediate construction of an improvement as determined by the public works director, then the development will be responsible for the cost of its fair share of any improvement contemplated to be made to the affected street/intersection within six years from the date of the development and that amount shall be paid to the city at the date of development in lieu of making the improvement. If the improvement is not constructed within the six-year period then the moneys shall be returned to the entity that made the payment. The public works director may also determine the number and location of street access points in order to reduce the impact of the project upon the public health and safety and/or to mitigate the impact upon the traffic circulation system. (Ord. 1352 § 3, 1999).
12.06.025 Street use fees.
Prior to the issuance of a street use permit for the construction of any improvements in a city right-of-way, design drawings of the improvements shall be submitted to the city for review and approval. The cost of reviewing and processing the design drawings, as required by FMC 3.80.010(B), and/or actual cost of consulting engineer fees, if required by the public works director, shall be paid prior to issuing the associated street use permit. All inspection costs incurred with the street use activity including hourly wage of the inspector plus benefits and administrative overhead shall be paid prior to acceptance of the improvements by the city and release of any associated performance bonds. Plan review and inspection fees shall not be applicable to repair work but shall apply only to new construction. (Ord. 1416 § 2, 2000; Ord. 1366 § 2, 1999).
12.06.030 Substantive environmental authority.
This chapter shall be deemed as substantive authority for the imposition of condition under the city’s environmental review process. (Ord. 1352 § 4, 1999).
12.06.040 Approving authority.
The public works director shall be the approving authority. A decision of the approving authority may be appealed to the hearing examiner in the same manner as an appeal from the decision of the licensing officer under FMC Title 5; provided, in order for the appeal to be timely it must be filed with the city clerk within 10 days from the date of written decision by the public works director. (Ord. 1593-06 § 29, 2006; Ord. 1352 § 5, 1999).
Chapter 12.08
OBSTRUCTION OF STREETSSections:
12.08.010 Permit – Required when.
12.08.020 Permit – Notice to public works superintendent – Requirements.
12.08.030 Notice to fire department.
12.08.040 Barriers required.
12.08.050 Bond required.
12.08.060 Inspection.
12.08.070 Deposit by permit holder.
12.08.010 Permit – Required when.
A. No person, firm or corporation shall grade, pave, level, alter, construct, repair, remove or excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, water main or any other structure or improvement located over, under or upon any street, alley or other public place in the city, or 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 public works superintendent to do so, except that such permit shall not be required in the case of emergency work which will be performed by the city.
B. That no underground utilities shall be constructed across streets by open cutting of the street, unless first approved by the public works superintendent. (Ord. 689 § 1, 1982; Ord. 124 § 1, 1963).
12.08.020 Permit – Notice to public works superintendent – Requirements.
The permit shall require the person to whom the same is issued to give the public works superintendent 24 hours’ notice of the commencement of such work; to carry on such work to the satisfaction of and subject to the approval of the public works superintendent; to diligently prosecute the same to completion; to leave the street in a good, clean and safe condition; to at all times keep signal lights or other proper warnings displayed sufficient to give anyone going upon the street, alley or public place such warning as may be necessary to prevent injury; and to comply with such additional provisions and conditions as may be prescribed by the public works superintendent. 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 the permittee to restore such improvement to its original and proper condition, and if the permittee fails to do so, the public works superintendent may cause the necessary restoration to be made at the expense of the permittee. (Ord. 766 § 1, 1984; Ord. 124 § 2, 1963).
12.08.030 Notice to fire department.
The public works superintendent shall give written notice to the chief of the fire department immediately upon the issuance of a permit wherein the improved portion of any street commonly used as a thoroughfare is to be obstructed to vehicular traffic, and shall further notify the chief of the fire department upon completion of the work. (Ord. 766 § 2, 1984; Ord. 124 § 3, 1963).
12.08.040 Barriers required.
Any person who obstructs or makes dangerous any street, alley or public place shall erect and maintain around said portion of the street, alley or public place, a good and sufficient barrier, and shall cause the same to be posted and during the nighttime to show sufficient warning lights to warn of the danger. (Ord. 766 § 3, 1984; Ord. 124 § 4, 1963).
12.08.050 Bond required.
No permit shall be issued under the provisions of this chapter until the applicant therefor executes and delivers to the city a bond in the sum of $10,000 or 125 percent of the anticipated cost of the construction, whichever is greater; in form to be approved by the city attorney; and with surety approved by the city clerk-treasurer; conditioned on the faithful performance of the provisions of this chapter. Such bond shall further be conditioned to indemnify and save harmless the city for any and all judgments, costs or expenses arising from the injuries or damage to any person or property on account of such work. Such bond shall further be conditioned that the applicant acting under the permit shall restore the street, alley or public place to its former condition within the time specified by the public works director. Such bond shall be in force for a period of one year from the date of the completion of the work and be conditioned to cover all permits which may be issued to the applicant during such period. (Ord. 1596-06 § 1, 2006; Ord. 766 § 4, 1984; Ord. 151, 1965; Ord. 124 § 5, 1963).
12.08.060 Inspection.
The public works superintendent, if in his judgment the nature of the work is such as to require inspection on behalf of the city, either during the progress of the same or after the completion thereof or both, may inspect the same and charge a reasonable sum therefor. (Ord. 766 § 5, 1984; Ord. 124 § 6, 1963).
12.08.070 Deposit by permit holder.
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 clerk-treasurer the sum of $250.00. No mortar, cement, plastic, asphalt or similar material 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 spills or in any manner comes in contact with the street, alley or other public place or any part thereof is 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 public works superintendent shall cause such debris or other materials to be removed, and the cost of such removal shall be deducted from the deposit. Should the amount of the deposit be insufficient to meet the cost of restoring the street to a good and clean condition, the applicant’s bond shall be liable therefor. (Ord. 766 § 6, 1984; Ord. 124 § 7, 1963).
Chapter 12.12
VEHICLES ON STREETSSections:
12.12.010 Prohibited storage.
12.12.010 Prohibited storage.
The parking and storage of motor vehicles and other objects upon city streets and rights-of-way for any of the following purposes or in the following manner is prohibited:
A. Displaying such motor vehicle or other object for sale, or for advertising the sale thereof;
B. Greasing or repairing a motor vehicle, camper, trailer, boat or other object, except that emergency parking for repairs upon a motor vehicle not requiring over hours total time shall be permitted;
C. Parking or storage of a motor vehicle which is temporarily or permanently inoperative for any reason whatsoever, including lack of proper license, except parking for emergency repairs as authorized in subsection (B);
D. Parking or storage, at any time or for any reason, of a boat, boat trailer, house trailer, travel trailer, mobile home, camper or any other vehicle or object incapable of self-locomotion;
E. Storage of building materials, sand, gravel, sawdust, beauty bark, rocks or any other materials of any kind whatsoever for a period in excess of that reasonably necessary for its removal from the street onto private property; any period in excess of 48 hours shall be presumed to be unreasonable;
F. Storage of rubbish of any kind for any period of time, except during a city authorized cleanup campaign;
G. Overnight parking, except automobiles and pickup trucks, shall not be permitted on any street within the city; parking shall not at any time interfere with the normal flow of traffic. (Ord. 442 § 1, 1977).
Chapter 12.14
STANDARD SPECIFICATIONS
FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTIONSections:
12.14.010 Adoption.
12.14.020 Repealed.
12.14.030 Section 1-07.1 amended – Laws to be observed.
12.14.040 Section 1-07.26 amended – Personal liability of public officers.
12.14.050 Section 1-07.27 amended – No waiver of state’s legal right.
12.14.060 Section 1-08.10(1) amended – Termination of default.
12.14.070 Section 1-09.13(3)A amended – Administration of arbitration.
12.14.080 Time to complete.
12.14.090 Change orders.
12.14.010 Adoption.
The 1996 Edition of the Standard Specifications For Road, Bridge, and Municipal Construction, published by the Washington Department of Transportation and the American Public Works Association, Washington Chapter and adopted by the Washington State Department of Transportation are hereby adopted by the city of Fife as if fully set forth herein; provided, any law enforcement action commenced under prior code shall remain in full force and effect unless the misconduct charged under the older code or standard is lawful under the newer code or standard. (Ord. 1269 § 2, 1997; Ord. 1168 § 1, 1994; Ord. 1063 § 2, 1991).
12.14.020 Section 1-02.13(1)e amended – Irregular proposals.
Repealed by Ord. 1269. (Ord. 1168 § 2, 1994; Ord. 1063 § 3, 1991).
12.14.030 Section 1-07.1 amended – Laws to be observed.
The first paragraph of Section 1-07.1 of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction is hereby amended to read as follows:
The contractor shall always comply with all laws, ordinances, and regulations - Federal, State, or Local - that affect work under the contract. The contractor shall indemnify and save harmless the City of Fife (including the city council, and any agents, officers, and employees) against any claims that may arise because the contractor (or any employee of the contractor or subcontractor or materialmen) violated a legal requirement.
(Ord. 1269 § 3, 1997; Ord. 1168 § 3, 1994; Ord. 1063 § 4, 1991).
12.14.040 Section 1-07.26 amended – Personal liability of public officers.
Section 1-07.26 of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction is hereby amended to read as follows:
Neither the city council nor any other officer or employee of the City of Fife shall be personally liable for any acts or failure to act in connection with the contract, it being understood that in such matters, they are acting solely as agents of the city.
(Ord. 1269 § 3, 1997; Ord. 1168 § 4, 1994; Ord. 1063 § 5, 1991).
12.14.050 Section 1-07.27 amended – No waiver of state’s legal right.
Section 1-07.27 of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction is hereby amended to read as follows:
The City of Fife shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment therefor from showing the true amount and character of the work performed and materials furnished by the contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the contract. The City of Fife shall not be precluded or estopped notwithstanding any such measurement, estimate or certificate and payment in accordance therewith, from recovering from the contractor and the sureties such damages as it may sustain by reason of the contractor’s failure to comply with the terms of the contract. Neither the acceptance by the City of Fife, nor any payment for the whole or any part of the work, nor any extension of time, nor any possession taken by the City of Fife shall operate as a waiver of any portion of the contract or of any power herein reserved or any right to damages herein provided, or bar recovery of any money wrongfully or erroneously paid to the contractor. A waiver of any breach of the contract shall not be held to be a waiver of any other subsequent breach.
The contractor, the state, and the City of Fife recognize that the impact of overcharges to the state or to the City of Fife by the contractor, resulting from antitrust law violations by the contractor’s suppliers for subcontractors adversely affects the state and the City of Fife rather than the contractor. Therefore, the contractor agrees to assign to the state and the City of Fife any and all claims for overcharges.
(Ord. 1269 § 4, 1997; Ord. 1168 § 5, 1994; Ord. 1063 § 6, 1991).
12.14.060 Section 1-08.10(1) amended – Termination of default.
The last sentence of the fifth paragraph of Section 1-08.10(1) of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction is hereby amended to read as follows:
If the total expenses and damages exceed the unpaid balance, the contractor and the surety shall be jointly and severally liable to the City and shall pay the difference to the City of Fife on demand.
(Ord. 1269 § 5, 1997; Ord. 1168 § 6, 1994; Ord. 1063 § 7, 1991).
12.14.070 Section 1-09.13(3)A amended – Administration of arbitration.
The second and third paragraphs of Section 109.13(3)A of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction are hereby amended to read as follows:
The City of Fife and the Contractor mutually agree that venue of any arbitration hearing shall be within Pierce County, Washington and that any such hearing shall be conducted within Pierce County, Washington.
The City of Fife and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of Pierce County. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the contract as a basis for decisions.
(Ord. 1269 § 6, 1997; Ord. 1168 § 7, 1994; Ord. 1063 § 8, 1991).
12.14.080 Time to complete.
The community development director shall have the authority to give the contractor written notice of the completion date of the contract after the contractor’s obligations under the contract have been performed by the contractor. (Ord. 1168 § 8, 1994).
12.14.090 Change orders.
The community development director is authorized to approve change orders pursuant to the procedures of the 1996 Standard Specifications for Road, Bridge, and Municipal Construction provided the increase or decrease in costs is within the approved contract amount. If the cost of the requested change order will exceed the authorized contract amount, then the city council must approve the change order; provided, however, the community development director may authorize the work to proceed if, in his opinion, exigent circumstances exist that require the work to proceed immediately, or delaying the change order approval until the next council meeting would significantly increase the project cost, significantly delay the project, or increase the city’s potential liability. (Ord. 1269 § 7, 1997; Ord. 1168 § 9, 1994).
Chapter 12.16
UNDERGROUNDING OF UTILITIES*Sections:
12.16.010 Purpose.
12.16.020 New utility wires to be laid underground.
12.16.030 Exception to underground requirement for existing single-family home.
12.16.040 Exception to underground requirement for utility franchisee or licensee.
12.16.050 Deferral to underground requirement for a property owner.
12.16.060 Traffic signals and overhead warning lights.
12.16.070 Community development director to approve all plans.
* Prior legislation: Ords. 1384, 693 and 617.
12.16.010 Purpose.
This chapter governs the installation of electric distribution and telecommunications facilities. The city of Fife hereby states a long-range goal that all electrical distribution and telecommunications lines shall be underground, with only transformers, switchgear, splice pedestals and similar facilities extending above grade. The city of Fife commits to convert existing overhead electrical distribution and telecommunications facilities to underground as an integral part of construction of any final street improvements in accordance with the adopted transportation plan. Private developers shall also convert overhead utilities to underground in accordance with this chapter, wherever such development involves the construction of related street improvements. Exceptions and deferral provisions in this chapter are intended to provide for the safe and efficient operation, maintenance, and repair of existing overhead utility systems; for the cost-effective development of small sites; and for the conversion of overhead utilities to underground in an orderly manner. (Ord. 1505-03 § 1, 2003).
12.16.020 New utility wires to be laid underground.
All new utility wires, including power, telecommunications, and cable television, shall be installed underground, at no expense to the city, unless an exception is granted pursuant to the provisions of FMC 12.16.030 and 12.16.040. “New utility wires” shall not include the replacement of existing wires nor shall it include wires carrying more than 50,000 volts. (Ord. 1505-03 § 1, 2003).
12.16.030 Exception to underground requirement for existing single- family home.
A new overhead electrical or telecommunication service line may be installed overhead only as a replacement to an existing overhead electrical or telecommunication service line. Such replacement lines may be of larger capacity, phasing, voltage, circuit count, or diameter, but may not increase the total number of distinct lines or bundles of lines between the utility pole and customer. (Ord. 1505-03 § 1, 2003).
12.16.040 Exception to underground requirement for utility franchisee or licensee.
A. The public works director shall grant an exception to the requirement that new utility wires be installed underground to a utility franchisee or licensee if the following conditions are satisfied:
1. The applicant is a utility franchisee or licensee in good standing;
2. A complete application is received, including the applicable fee set forth in the city’s fee schedule; and
3. One of the following conditions are met:
a. No new poles will be installed unless an existing pole is removed for each proposed new pole (i.e., the net number of poles shall not increase);
b. It is physically impractical to place the new utility wires underground due to topographic constraints such as unstable or steep slopes, wetlands, or other physical impediments;
c. The existing overhead line, or a portion of the line, is being converted to underground and a pole for transition from overhead to underground may be necessary, along with appropriate guy poles and guying;
d. A transition pole is required to serve a new development and the surrounding poles do not have adequate space for additional equipment;
e. Adequate easements or property could not be reasonably obtained to install underground equipment;
f. It is technically impractical to place wires underground due to serious electrical system and/or public safety concerns, such as: main feeder lines; installation of overhead switching devices; line sections less than 1,000 feet in length; close proximity to gas lines, petroleum lines, or high- capacity fiber optic cable; or hazardous soil conditions; or
g. The existing telecommunications incumbent is presently overhead in the proposed construction area, and the proposed telecommunication system is an integral part of the electrical delivery system.
B. The permit for an exception to the underground requirement shall be subject to the process and appeal requirements for a Type 1 permit under FMC Title 14; provided, for purposes of this permit, the approving authority shall be the public works director.
C. If the effective franchise agreement describes a methodology or cost-sharing arrangement towards undergrounding between the city and franchisee, the franchise agreement shall take precedent. (Ord. 1505-03 § 1, 2003).
12.16.050 Deferral to underground requirement for a property owner.
A. The public works director shall grant deferral of undergrounding new utility wires to a property owner if all the following conditions are met:
1. A complete application is received, including the applicable fee set forth in the city’s fee schedule;
2. No new poles will be allowed unless an existing pole is removed for each proposed new pole (i.e., the net number of poles shall not increase);
3. The deferral applies only to distribution lines or secondary lines between distribution poles; new service lines shall be installed underground unless it is physically impractical to place the new utility wires underground due to topographic constraints such as unstable or steep slopes, wetlands, or other physical impediments;
4. The total length of the line subject to the proposed deferral is less than 300 feet;
5. Underground conduits are installed in the area where the deferral is granted suitable for anticipated future underground lines;
6. Cost estimates prepared by the utility companies are submitted demonstrating that the cost of converting overhead lines to underground lines exceeds 50 percent of the unimproved land value of the site, as determined by the Pierce County assessor; and
7. A binding and assignable covenant is recorded against the property, committing the property owner to:
a. Participate in any local improvement district formed for the conversion of those overhead utilities fronting on and within 300 feet of the subject property; and
b. Accept a lien against the property to fully reimburse the city if overhead lines fronting on the subject property are converted to underground at city expense.
B. The permit and appeal of deferral of undergrounding overhead utilities shall be subject to the process and appeal requirements for a Type 1 permit under FMC Title 14; provided, for purposes of this process, the approving authority shall be the public works director. (Ord. 1505-03 § 1, 2003).
12.16.060 Traffic signals and overhead warning lights.
Span wire traffic signal and overhead warning light systems may be used only for interim street improvements and only where final improvements are included in the city’s transportation plan, for municipal construction, or in a later phase of project construction, for private development. Mast arms shall be used for traffic signals and warning lights installed with final street improvement projects. (Ord. 1505-03 § 1, 2003).
12.16.070 Community development director to approve all plans.
The community development director of the city shall approve all plans and specifications for the installation of underground wires and lines prior to the installation thereof. (Ord. 1505-03 § 1, 2003).
Chapter 12.17
WIRELESS COMMUNICATION SERVICE FACILITIES(Repealed by Ord. 1402)
Chapter 12.18
RIGHT-OF-WAY RESTRICTIONSSections:
12.18.010 Purpose.
12.18.020 Notification of intent to pave.
12.18.030 Excavation restrictions.
12.18.040 Pavement cutting – Administrative variance.
12.18.010 Purpose.
The health, safety, and welfare of the citizens of Fife are not well served when city streets are excavated, undermined, cut or disturbed shortly after being paved or resurfaced. The purpose of this chapter is to provide a process by which the users of city rights-of-way and other interested parties receive timely notice of the paving or resurfacing of city streets and an opportunity to perform such excavation work within the rights-of-way as may be necessary prior to the paving or resurfacing of such streets. (Ord. 1528-04 § 1, 2004).
12.18.020 Notification of intent to pave.
Whenever the city council enacts any ordinance or resolution providing for the construction, paving, or resurfacing of any street, the director of public works shall promptly mail a written notice thereof to each person or firm owning conduit or other utility in or under said street, as well as to the owners of real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons or firms that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five years after the date the pavement has been constructed or resurfaced. Such notice shall also notify such persons or firms that applications for excavation permits, for work to be done prior to such construction, paving, or resurfacing, must be submitted promptly in order that the work covered by the excavation permit may be completed not later than 90 days from the date of enactment of such ordinance or resolution. The director shall also promptly mail copies of such notice to state agencies and city departments or other persons that may desire to perform excavation work in said city street. (Ord. 1528-04 § 1, 2004).
12.18.030 Excavation restrictions.
A. In the event any public utility company or firm receiving notice as prescribed above shall fail within said 90 days to perform such excavation work, subject to the provisions of this code, as may be necessary to install or repair conduits or other utility installations, then any and all rights of said company or firm or their successors in interest to make openings, cuts, or excavations in said street shall be forfeited for a period of five years from the date the pavement has been constructed or resurfaced.
B. In the event any owner of real property abutting said street receiving notice as prescribed above shall fail within said 90 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts, or excavations in said street shall be forfeited for a period of five years from the date the pavement has been constructed or resurfaced.
C. During said five-year period, no excavation permit shall be issued to open, cut, or excavate in said street unless in the sole discretion of the director of public works an emergency exists that makes it absolutely essential that the excavation permit be issued. (Ord. 1528-04 § 1, 2004).
12.18.040 Pavement cutting – Administrative variance.
All pavement types shall not be cut for a period of five years after the pavement has been constructed or resurfaced. During this period, untrenched construction techniques such as pushing, jacking, or boring shall be explored on all new or existing pavement road crossings. In cases of emergency or construction failures, or if all alternatives to pavement cutting have been exhausted, provisions for cutting the pavement may be obtained if approved by the director of public works or his designee. Provisions may be conditioned upon providing a standard grind and asphalt patch and minimum 150-linear-foot full-width overlay for asphalt concrete pavement and bituminous surface treatment pavement or standard cement concrete restoration for cement concrete pavements. (Ord. 1528-04 § 1, 2004).
Chapter 12.20
STREET CONSTRUCTION STANDARDSSections:
12.20.010 Right-of-way designation map adopted.
12.20.020 Required public improvements – Rights-of-way.
12.20.030 Required public improvements – Alleys.
12.20.040 Single-family access street.
12.20.050 Commercial and multifamily access street.
12.20.060 Collector street.
12.20.070 Minor arterial.
12.20.080 Principal arterial.
12.20.085 Levee Road.
12.20.090 Additional requirements.
12.20.100 Engineering standards.
12.20.110 Modifications, deferments and waivers.
12.20.120 Appeals.
12.20.130 Bonds.
12.20.140 Private streets.
12.20.010 Right-of-way designation map adopted.
The community development director is directed to produce and keep current a rights-of-way designation map, designating each improved right-of-way, including alleys, according to the following criteria. When an unimproved right-of-way is to be improved, the community development director is directed to designate that right-of-way according to the following criteria based on projections for that right-of-way.
A. Alley. Public right-of-way providing service access to adjacent uses. Less than 200 average daily trips.
B. Cul-de-Sac. Permanently dead-ended streets. Less than 500 average daily trips.
C. Single-Family Access. Streets providing access to adjacent residents and to cul-de-sacs and linking these areas with collector streets. Less than 1,000 daily trips.
D. Commercial and Multifamily Access. Streets providing access to adjacent residents and/or commercial uses and linking these areas with collector streets. Less than 2,000 daily trips.
E. Collector Streets. Streets providing access to adjacent uses, linking neighborhoods and commercial areas together and linking these areas to the arterial system. Up to 10,000 daily trips.
F. Minor Arterial. Intra-community streets connecting community centers. Five thousand to 25,000 daily trips.
G. Principal Arterials. Intra- and inter-community streets connecting major community centers. Fifteen thousand to 40,000 daily trips.
Note: “Average daily trips” is defined as the number of vehicles passing a given point, in either direction during a 24-hour period, based on an average over seven consecutive days. (Ord. 1595-06 § 1, 2006; Ord. 1027 § 1, 1990; Ord. 799 § 1, 1985).
12.20.020 Required public improvements – Rights-of-way.
A. General. FMC 12.20.030 through 12.20.140 establish different improvements for the different classifications of rights-of-way listed in FMC 12.20.010. Except as specified in subsection (B) of this section, the applicant shall install the specified improvements from the center line of the right-of-way to the applicant’s property line. The applicant may increase the dimensions of any required improvement or install additional improvements in the right-of-way with the written consent of the community development director.
B. Half-Street Improvements. If the one-half of the right-of-way opposite the subject property has not been improved based on the provisions of this chapter, the applicant shall install improvements in the right-of-way as follows:
1. Alleys. The applicant shall install the required improvements for the entire width of the alley.
2. All Other Rights-of-Way.
a. The applicant shall install the required improvements from his/her property line to and including the curb.
b. The applicant shall grade to finish all the required driving and parking lanes in the entire right-of-way and a five-foot-wide shoulder on the side of the right-of-way opposite the subject property.
c. The applicant shall pave outward 20 feet from the curb adjacent to his/her property or as required by the community development director.
C. Required Connection. If the access point for the subject site is not connected to an existing improved street by an improved hard surface, the applicant shall provide a hard surface improvement, of at least 24 feet in width, to the existing improved street.
D. Double Fronting/Corner Sites. Sites with double frontage or corner sites shall improve all frontages along his/her site. (Ord. 1027 § 2, 1990).
12.20.030 Required public improvements – Alleys.
The pavement width of an alley must be at least 10 feet but may be required to be increased by the community development director. For all commercials, industrial, office or multifamily projects, the applicant shall improve the alley opposite the subject property and extend it to the existing improved street, and may be required to improve an additional 30 feet past the property frontage to provide emergency turn-around. For single-family projects, the applicant shall improve the alley abutting the subject property and extend it to the existing improved street. The community development director shall determine the extent and nature of other improvements required in alleys on a case-by-case basis. (Ord. 1027 § 3, 1990).
12.20.040 Single-family access street.
The standards for a single-family access street are as set forth in Exhibit “A” which follows.
Exhibit A: Single-Family Access Street
Notes:
1. The minimum allowable depth is two inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 10 inches gravel base class “B.” All thicknesses are compacted depths.
2. Minimum vertical slope: 0.5 percent.
3. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
4. Cul-de-sac bulb shall have radius as determined by the fire marshall.
5. The director of public works may permit rolled Portland cement concrete curbs for special conditions, such as narrow single-family or duplex lots.
(Ord. 1595-06 § 2, 2006; Ord. 1027 § 4, 1990).
12.20.050 Commercial and multifamily access street.
The standards for a neighborhood access street are as set forth in Exhibit “B” which follows.
Exhibit B: Commercial and Multifamily Access Street
Notes:
1. The minimum allowable depth is four inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 16 inches gravel base class “B.” All thicknesses are compacted depths.
2. Minimum vertical slope: 0.5 percent.
3. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
(Ord. 1595-06 § 3, 2006; Ord. 1027 § 5, 1990).
12.20.060 Collector street.
The standards for a neighborhood collector/collector arterial are as set forth in Exhibit “C” which follows.
Exhibit C: Collector Street
Notes:
1. The minimum allowable depth is four inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 16 inches gravel base class “B.” All thicknesses are compacted depths.
2. Minimum vertical slope: 0.25 percent.
3. * Curb lane 14 feet wide where bike lane not required.
4. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
(Ord. 1595-06 § 4, 2006; Ord. 1027 § 6, 1990).
12.20.070 Minor arterial.
The standards for a minor arterial are as set forth in Exhibit “D” which follows.
Exhibit D: Minor Arterial
Notes:
1. The minimum allowable depth is four inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 16 inches gravel base class “B.” All thicknesses are compacted depths.
2. Minimum vertical slope: 0.25 percent.
3. * Curb lane 14 feet wide where bike lane not required.
4. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
(Ord. 1595-06 § 5, 2006; Ord. 1027 § 7, 1990).
12.20.080 Principal arterial.
The standards for a principal arterial are as set forth in Exhibit “E” which follows.
Exhibit E: Principal Arterial
Notes:
1. The minimum allowable depth is four inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 16 inches gravel base class “B.” All thicknesses shown are compacted depths.
2. Minimum vertical slope: 0.25 percent.
3. Curb lane 14 feet wide where bike lane not required.
4. Center turn lane or one travel lane in each direction may be omitted in special circumstances.
5. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
(Ord. 1595-06 § 6, 2006; Ord. 1027 § 8, 1990).
12.20.085 Levee Road.
The standards for construction of North Levee Road East are shown on Exhibit “F” which follows.
Exhibit F: North Levee Road East
Notes:
1. The minimum allowable depth is four inches asphalt pavement class “B” overlying two inches crushed surfacing top course and 16 inches gravel base class “B.” All thicknesses shown are compacted depths.
2. Minimum vertical slope: 0.25 percent.
3. Sidewalk/bikeway combinations or sidewalk location and width as required, four-inch depth.
4. Standards are minimum standards. Director of public works may require more than the minimum due to other adopted plans and regulations by the city or as field conditions warrant.
(Ord. 1595-06 § 7, 2006).
12.20.090 Additional requirements.
This section contains a series of requirements that apply to improvements required or proposed to be installed in the right-of-way.
A. Dedication of Right-of-Way. If a right-of-way abutting the subject property is not wide enough to contain the required improvements, the applicant shall dedicate as right-of-way a strip of land adjacent to the existing right-of-way adequate to increase the available right-of-way, on the project side of the planned street centerline, to one-half of the needed total width.
B. Fire Hydrants. The applicant shall install fire hydrants where and in the manner specified by the fire marshal and pursuant to Chapter 13.16 FMC.
C. Illumination. Streets shall be illuminated. Illumination levels shall be 0.6 foot-candles, minimum, and 1.2 foot-candles, average, except that illumination levels on residential access streets may be reduced to 0.3 foot-candles, minimum, for street segments at least 100 feet from any intersection, and 0.6 foot-candles, average, over their entire length. Luminaries shall be provided in accordance with the following table:
Street Type
Zone
Alley
Access
Collector
Minor Arterial*
Principal Arterial
Single-family residential
None
B
A
A
B
Small lot residential
None
B
A
A
B
Medium density residential
None
B
A
A
B
High density residential
None
B
A
A
B
Neighborhood residential
None
B
A
A
B
Neighborhood commercial
B
B
A
A
A
Community commercial
B
B
A
A
A
Regional commercial
B
B
B
A
A
Business park
B
B
B
A
A
Industrial
B
B
B
B
B
Public use open
**
**
**
**
**
A = Decorative
B = Functional (cobra head or shoebox)
N/A = Street/zone match does not exist
None = No lighting required in right-of-way; illumination provided on buildings
*North Levee Road East is a minor arterial, for illumination standards
**For public use/open space, illumination to match the highest adjacent zone
NOTES:
1. Higher standard shall be used for both sides of streets abutted by two zones.
2. Planned residential developments in commercial zones shall use residential development standards in accordance with FMC 19.52.040 and above table.
D. Incompatible Improvements. If improvements required by this chapter will connect with existing improvements in the same right-of-way that do not conform to this chapter, the following regulations apply:
1. If the improvements will connect with existing improvements of a greater dimension, the new improvement must be built at the greater dimension unless the community development director determines, in writing, that the dimensions of the existing improvements will be decreased in the future.
2. If the improvements will connect with existing improvements of a lesser dimension, the following regulations apply:
a. If the community development director determines that the dimensions of the existing improvement will not be increased in the future, the new improvement must be permanently flared or tapered to match existing improvements.
b. If the community development director determines that the dimensions of the existing improvements will be increased in the future, the applicant shall install the required improvements in the full length of the right-of-way abutting the subject property with temporary flaring or tapering on the existing improvements. (Ord. 1647-07 § 1, 2007; Ord. 1027 § 8, 1990).
12.20.100 Engineering standards.
The community development director is directed to develop and keep current full engineering standards and specifications for all improvements in the right-of-way. The applicant shall comply with these standards and specifications for all improvements in the right-of-way. The minimum engineering standards are shown on Exhibits “A” through “F,” which are included herein. The community development director may require additional engineering specifications for all improvements as field conditions warrant, on a case-by-case basis. (Ord. 1027 § 9, 1990).
12.20.110 Modifications, deferments and waivers.
Provisions of this section establish under what circumstances the requirements of this chapter may be modified, deferred or waived.
A. Authority to Grant and Duration. If the proposed development of the subject property requires approval through short plat or subdivision approval described in the subdivision ordinance, a request for modification, deferment or waiver will be considered as a part of that process under the provision of this section. The community development director shall not grant any modification, deferment or waiver for any standard required as a result of a short plat or subdivision within five years from the date of approval of the short plat or subdivision, nor shall the director of community development grant any modification, deferment or waiver of any standard to any note on the face of the plat regarding improvements. If the above process does not apply, the community development director may grant a modification, deferment and waiver from the requirements in this chapter.
B. Process. The applicant shall submit the request for a modification, deferment or waiver in writing, together with two sets of street plans showing both the required improvements and the proposed improvements for which the modification, deferment or waiver is being requested. The community development director shall consider the request, a written recommendation from the public works director and issue a decision, with findings, in writing. The decision shall be final unless appealed under the provisions of FMC 19.80.0301 (within 20 days from the date of the action being appealed).
C. Modifications. The community development director may require or grant a modification to the nature or extent of any required improvement for any of the following reasons:
1. If the improvement as required would not match the existing improvements.
2. If unusual topographic or physical conditions preclude the construction of the improvements as required.
3. If other unusual circumstances preclude the construction of the improvements as required.
The community development director shall take into consideration the designation and location of the street, the zoning and land use in the immediate area, the projected land use, provision of utilities to serve the area and on-site provisions for parking and maneuvering.
D. Deferment. The community development director may require or permit that the required improvements be installed at a later time:
1. If the required improvement is part of a larger project that has been scheduled for implementation in the city’s capital facility plan – streets; or
2. If the subject proposal is for a single detached dwelling unit and the installation of the improvement would not complete the lesser of a full block face or 300 feet of frontage (alleys are not included for purposes of calculating frontage); or
3. If installation of the required improvement would require substantial off-site roadway modifications; or
4. If the community development department determines that installation of the required improvement would result in a safety hazard.
The community development director shall take into consideration the designation and location of the street, the zoning and land use in the immediate area, the projected land use, the provision of utilities to serve the area and on-site provisions for parking and maneuvering.
E. Deferment Requirements. If the community development director approves a deferment:
1. The applicant and the city must sign a concomitant agreement to run with the property, in a form acceptable to the city attorney, specifying that the applicant will install or reimburse the city for construction of the deferred improvements as directed by the city. The applicant must file this agreement with the Pierce County auditor’s office.
2. The applicant must grade the subject portion of the right-of-way as though the improvement were to be immediately installed and stabilize the graded area in a manner approved by the community development director. The applicant may be exempted from this requirement if the community development director determines that unusual circumstances preclude the grading.
F. Waivers. The community development director may waive and not require or allow installations of a required improvement if the community development director determines that the current level and extent of the improvement in the right-of-way adjacent to the subject property will not be changed in the future.
The community development director shall take into consideration the designation and location of the street, the zoning and land use in the immediate area, the projected land use, the provision of public utilities to serve the area and on-site provisions for parking and maneuvering. (Ord. 1027 § 10, 1990).
12.20.120 Appeals.
The decision of the community development director may be appealed to the hearing examiner using the appeal provisions of Chapter 2.92 FMC. (Ord. 1593-06 § 30, 2006; Ord. 1027 § 11, 1990).
12.20.130 Bonds.
The community development director may require or permit a bond in the amount of 150 percent of the cost of the improvement to ensure compliance with any of the requirements of this chapter. The bond shall be in a form acceptable to the city attorney. (Ord. 1027 § 12, 1990).
12.20.140 Private streets.
Private streets shall meet street standards as determined by the community development director. The community development director shall classify each private street pursuant to FMC 12.20.020, and the applicable standard shall apply. The applicant shall comply with the applicable standard. Modification, deferment and waiver of the standard may be granted pursuant to FMC 12.20.110. (Ord. 1027 § 13, 1990).
Chapter 12.22
CITY PARKSSections:
12.22.010 Definitions.
12.22.020 Restrictions.
12.22.030 Violation – Penalty.
12.22.040 Adoption of rules and regulations by director.
12.22.010 Definitions.
As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:
A. “Park” means and includes all city parks, public squares, pools, and play and recreational grounds under the management and control of the park and recreation department.
B. “Parks director” means the parks, recreation and community services director of the city as established by Chapter 2.44 FMC, or his or her designee. (Ord. 1536-04 § 2, 2004).
12.22.020 Restrictions.
The following are unlawful within city parks:
A. To use, place, or erect any sign board, sign, billboard, bulletin, post, pole, or device of any kind of advertising, or to attach any notice, bill, poster, sign, wire, rope or cord to any tree, shrub, railing, post, or structure, or place or erect in any park a structure of any kind; provided, that the parks director may permit the erection of temporary signs or decorations.
B. To remove, destroy, mutilate, damage or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lawn, lighting system, sprinkler system or other property lawfully within any park.
C. To allow or permit any animal to run at large or enter any swimming pool or wading pool or stream, except in designated areas.
D. To operate or use any loudspeaker without a written permit from the parks director; or to operate or use any mechanical means of amplified sound in violation of Chapter 9.56 FMC, Noise Control.
E. To shoot, fire or explode any firearm, fireworks, firecrackers, or explosive of any kind or to carry any firearm or to shoot or fire any gun, bows or arrows, BB gun, slingshot, or weapon of any type.
F. To distribute any advertising matter, to take up collections or to act as or ply the vocation of solicitor, agent, peddler, fakir, merchant, beggar, strolling musician, organ grinder, exhorter, barker, or showman.
G. To have or ride any horse, mule, or other riding animal except over bridle trails and other designated areas.
H. To use or possess any alcoholic beverage in any park or to use or possess any illegal drug, or to conduct oneself in a disorderly manner.
I. To ride or drive any motorcycle or motor vehicle over or through any park; or to stand or park any vehicle, except in areas designated by the parks director.
J. To ride or drive any bicycle, tricycle, skateboard, roller skate, scooter, or any other motorized or nonmotorized vehicle on any tennis court.
K. To camp except in areas designated for such purposes by the parks director.
L. To throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk, or to deposit any such material therein except in designated receptacles.
M. To build any fires except in areas designated by the parks director.
N. To enter or remain between one hour after sunset and 5:00 a.m., except for walking, jogging, or activities authorized by the parks director.
O. To use a metal detection device without first obtaining a permit from the parks director, on such application form as the city shall provide. Permits shall be issued on condition that the user cause no permanent damage to park property, and that any grass, other vegetation and soil that is invaded or disturbed by the user in efforts to recover detected items be promptly restored to substantially the same condition it was originally in. The permit of any person who shall fail to abide by such conditions shall be subject to immediate revocation by the parks director; provided, metal detection devices shall be allowed or used on unimproved park lands only. (Ord. 1536-04 § 3, 2004).
12.22.030 Violation – Penalty.
Any person, firm, association, or corporation violating any provision of this chapter shall have committed a class 1 civil infraction and shall be subject to a penalty of up to $250.00 pursuant to Chapter 1.24 FMC, General Penalty. (Ord. 1536-04 § 4, 2004).
12.22.040 Adoption of rules and regulations by director.
The parks director shall have the power to promulgate and adopt reasonable rules and regulations pertaining to the operation, management and use of the parks, and shall post them in conspicuous places in the parks. (Ord. 1536-04 § 5, 2004).
Chapter 12.24
CITY SWIMMING POOL(Reserved)
Chapter 12.28
SENIOR CENTER FACILITIES(Reserved)
Chapter 12.32
NAMING PUBLIC PARKS AND RECREATION FACILITIESSections:
12.32.010 Selection of name – Criteria.
12.32.020 Designation of name by city council.
12.32.030 Naming of interior features or facilities.
12.32.040 Renaming procedure.
12.32.050 Restriction on certain name proposals.
12.32.060 Signing.
12.32.010 Selection of name – Criteria.
It is the policy of the city to choose names for public parks and recreation facilities based upon the site’s relationship to the following criteria:
A. Neighborhood, geographic or common usage identification;
B. A historical figure, place, event or other instance of historical or cultural significance;
C. Natural or geological features;
D. An individual (living or deceased) who has made a significant land and/or monetary contribution to the park system or who has had the contribution made “in memoriam” and when the name has been stipulated as a condition of the donation; or
E. An individual who has contributed outstanding civic service to the city and who has been deceased for a period of at least one year. (Ord. 1359 § 1, 1999).
12.32.020 Designation of name by city council.
The city council shall designate the names of public parks or recreation facilities. The city council shall make its selection after receiving a written recommendation from the city’s parks, recreation and senior services advisory board, based upon public input from individuals and organizations. Such written recommendation shall state how the proposed name(s) meet the five criteria in FMC 12.32.010. If a contest or competition is to be held to determine the name of a park, trail or recreation facility, the parks, recreation and senior services advisory board shall establish guidelines and rules for the contest. No city funds shall be used for any contest prizes. (Ord. 1359 § 2, 1999).
12.32.030 Naming of interior features or facilities.
The interior features and/or facilities of a park, trail or recreation facility may have names other than that of the entire park or recreation facility. These names are subject to the criteria designated in FMC 12.32.010 and the selection process outlined in FMC 12.32.020. (Ord. 1359 § 3, 1999).
12.32.040 Renaming procedure.
A name, once selected for a park, trail or recreation facility, should be bestowed with the intention that it will be permanent, and changes should be strongly resisted. Name changes shall be subject to the procedures set forth in this chapter. (Ord. 1359 § 4, 1999).
12.32.050 Restriction on certain name proposals.
The parks, recreation and senior services advisory board shall wait at least six months between receipt of a name proposal and submittal of a final recommendation on its adoption in cases where the event or public service to be commemorated took place within the past year. (Ord. 1359 § 5, 1999).
12.32.060 Signing.
Following selection of a name for a park, trail or recreation facility by the city council, the parks, recreation and senior services department will identify the specific park, trail or facility by appropriate signing specifying the name. (Ord. 1359 § 6, 1999).
Footnotes
1Code reviser’s note: FMC 19.80.030 was repealed by Ordinance 1226. Current appeal provisions can be found in Chapter 14.10 FMC.
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