Title 12
STREETS AND SIDEWALKS*

Chapters:

12.04 Utility Line Installation

12.08 Street and Address System

12.12 Public Sidewalks, Planting Strips and Transition Strips

12.16 Vacation of Streets and Alleys

12.18 Temporary Construction Offices for City Street Projects

12.20 Undergrounding of Overhead Electric Wires

*For provisions regarding taxi stands and loading zones, see LMC Title 5; for financing improvements, see LMC Title 3; for department of streets and public works, see Chapter 2.44 LMC; for improvements required before building permit to issue, see LMC Title 16; for use of streets and obstructing sidewalks during building construction, see LMC Title 16; for comprehensive plan, see LMC Title 18.

Chapter 12.04
UTILITY LINE INSTALLATION

Sections:

12.04.010 Permits.

12.04.011 Definitions.

12.04.015 Road improvement permit required.

12.04.020 Application.

12.04.030 Security deposit.

12.04.040 Permit required.

12.04.050 Exceptions.

12.04.060 Disruption fee.

12.04.070 Inspection.

12.04.080 Open cuts.

12.04.090 Shoulders.

12.04.100 Backfill within roadway.

12.04.110 Backfill within utility strip.

12.04.120 Drainage.

12.04.130 Unsafe travel conditions.

12.04.140 Open trench lengths.

12.04.150 Equipment and material storage.

12.04.160 Cleanup distances.

12.04.170 Sealcoats.

12.04.180 Daily cleanup.

12.04.190 Excess material.

12.04.200 Traffic control.

12.04.210 Adequate materials.

12.04.220 Barricading or closing streets.

12.04.230 Unattended excavations.

12.04.240 Inspection and approval.

12.04.250 Final inspection.

12.04.260 Maintenance bond.

12.04.270 Notice to utilities.

12.04.280 Penalty.

12.04.290 Severability.

12.04.300 Effective date.

12.04.010 Permits.

A right-of-way invasion permit is required by the city for any excavation, construction, or other invasion of city right-of-way by private individuals, contractors, corporation, municipal corporations, special districts and any and all other persons or organizations. Fees related to right-of-way use permits can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 2, 1996; Ord. 462, 1969)

12.04.011 Definitions.

“Department” means the public works department of the city of Lynnwood.

“Director” means the director of the public works department for the director’s designee. (Ord. 2726 § 2, 2008)

12.04.015 Road improvement permit required.

A road improvement permit is required for the construction of new streets, private or public that will be used as rights-of-way. The developer shall apply for a road improvement permit. Road improvement permit fees can be found in Chapter 3.104 LMC. (Ord. 2656 §§ 1, 2, 2006; Ord. 2076 § 3, 1996)

12.04.020 Application.

Applications for such permits to use city right-of-way or to create new rights-of-way shall be filed with the director. A plan and profile delineating proposed construction, existing improvements, and proposed method of final site restoration shall accompany the application. The right-of-way invasion permit application and the road improvement permit application shall be submitted to the department for processing as required by LMC 2.44.040. (Ord. 2726 § 3, 2008; Ord. 2076 § 4, 1996; Ord. 462, 1969)

12.04.030 Security deposit.

Upon approval of the plan and profile by the director, the applicant shall be required to post with the city an indemnity bond or cash deposit in the amount of 150 percent of the construction cost of the work in the right-of-way or $2,500, whichever is greater. The amount of the bond or deposit shall be established by the director by determining the cost incurred in backfilling, compaction, restoration of cuts in pavement, adjustment of surface appurtenances and otherwise completely restoring all invasions of city right-of-way to their original condition.

Exception: For permitted work associated with single-family residential projects or for other special circumstances to be judged on a case-by-case basis and not associated with a current or future development, the security deposit may be waived by the director. (Ord. 2726 § 4, 2008; Ord. 462, 1969)

12.04.040 Permit required.

Permits for the construction, excavations, or other invasions within city right-of-way shall be submitted to the department for processing as required by LMC 2.44.040. Permits are valid for 90 days from date of issuance and may be extended upon receipt of a request in writing and approval by the director. Work that extends beyond the expiration date will require the applicant to reapply for a new permit and payment of fees unless an extension is granted by the director. Only one extension, not to exceed 60 days, may be granted on a single permit. The director will have the final determination of a permit extension. (Ord. 2726 § 5, 2008; Ord. 2241 § 4, 1999; Ord. 462, 1969)

12.04.050 Exceptions.

The fees required by LMC 12.04.040 shall not apply to parties dedicating right-of-way to the city by means of recorded plats. (Ord. 462, 1969)

12.04.060 Disruption fee.

No disruption of the right-of-way is allowed for the first five years after a roadway has been improved to current standards by pavement overlay or construction of a new roadway. The director shall determine when special circumstances warrant disruption within the first five years of roadway construction or new pavement overlay.

When an underground utility installation disrupts the right-of-way after the first five years following improvement of a street to city standards, a disruption fee in addition to the permit fee shall apply. This disruption fee shall be five times the regular permit fee in the first year, four times during the second year, three times during the third year, two times during the fourth year, and equal to the permit fee during the fifth year. The director shall notify and coordinate city-franchised companies, other utility companies and such other special districts and municipal corporations as may be subject to the disruption fee as soon as practical following the final decision of the city to so improve a street. (Ord. 2726 § 6, 2008; Ord. 462, 1969)

12.04.070 Inspection.

The city shall exercise full right of inspection of all excavating, construction, and other invasions of city right-of-way. The director shall be notified 72 hours prior to commencing construction. He may issue immediate stop orders in the event of noncompliance with this chapter and/or permits thereunder. (Ord. 2726 § 7, 2008; Ord. 462, 1969)

12.04.080 Open cuts.

No open cut crossings of city streets shall be made without the approval of the director. Restoration of open cuts on city streets shall be as follows:

A. Existing surface to be precut two feet wider than top of trench width;

B. Backfilling and mechanical compaction to 95 percent of maximum density to be accomplished in a maximum of one-foot lifts immediately after installation of pipe;

C. Backfill material shall be completely granular and free draining, excavated material may be used for backfilling with the approval of the city engineer;

D. Immediately following compaction, a four-inch lift of compacted one-and-one-quarter-inch minus crushed rock, and three inches of cold mix asphaltic concrete shall be placed;

E. Final restoration of open cut shall be accomplished prior to final cleanup as follows:

1. Remove temporary cold patch.

2. Edges of existing road surface to be cut and trimmed to a neat line, tacked and a three-inch minimum compacted thickness of Class B asphaltic concrete installed in a manner satisfactory to the director.

3. Restoration shall conform to current city standards. (Ord. 2726 § 8, 2008; Ord. 462, 1969)

12.04.090 Shoulders.

Shoulders disturbed by construction activities shall be restored to substantially the original condition or as shown on the approved plans to the satisfaction of the director. (Ord. 2726 § 9, 2008; Ord. 462, 1969)

12.04.100 Backfill within roadway.

All backfill of trenches within the roadway shall be crushed rock compacted by mechanical means to a minimum density of 95 percent. Upon request the contractor shall at his expense furnish the city as many compaction tests as may be deemed necessary for proof of minimum compaction. (Ord. 2726 § 10, 2008; Ord. 462, 1969)

12.04.110 Backfill within utility strip.

Backfilling and restoration of trenches authorized within a utility strip on fully improved streets shall be accomplished by backfilling in accordance with LMC 12.04.080(B) and (C). (Ord. 2726 § 11, 2008; Ord. 462, 1969)

12.04.120 Drainage.

Existing drainage ditches, culverts, etc., shall be kept clean at all times. Temporary diversion of any drainage system shall not be permitted without the written consent of the director. Any drainage culverts, catch basins, manholes, etc., disturbed by excavation shall be replaced with new material, or repaired as directed by the city engineer. (Ord. 2726 § 12, 2008; Ord. 462, 1969)

12.04.130 Unsafe travel conditions.

If, in the opinion of the city engineer, it appears that the traveled roadway is, or may become, unsafe for the traveling public due to weather or other reasons, work in the right-of-way shall cease immediately and cleanup shall be promptly accomplished. (Ord. 2726 § 13, 2008; Ord. 462, 1969)

12.04.140 Open trench lengths.

Maximum lengths of open trenches on streets shall be 300 lineal feet, except for encased conduit systems which will be coordinated on a project basis by the installer and the director. (Ord. 2726 § 14, 2008; Ord. 462, 1969)

12.04.150 Equipment and material storage.

No staging of equipment or stockpiling of material is allowed in the right-of-way unless approved by the director. (Ord. 2726 § 15, 2008; Ord. 462, 1969)

12.04.160 Cleanup distances.

Final cleanup, including complete restoration of shoulders, cleaning of ditches, culverts and catch basins, removal of loose material from backslope of ditches, shall not exceed 1,500 lineal feet, behind excavating operations. (Ord. 462, 1969)

12.04.170 Sealcoats.

If, in the opinion of the director, the final restoration of open cuts are inadequate to protect the base of the street from erosion caused by seepage of water, the contractor shall be required to sealcoat the full width of the street a reasonable distance to be determined by the director. (Ord. 2726 § 16, 2008; Ord. 462, 1969)

12.04.180 Daily cleanup.

Street surface shall be continuously cleaned throughout the day with a vacuum sweeper or other approved means. Failure to comply shall result in the associated project being halted until such time as the conditions are corrected. Cleaning by means of water washdown into the storm or sanitary sewer system is not allowed. (Ord. 2726 § 17, 2008; Ord. 462, 1969)

12.04.190 Excess material.

No excavated, excess or unsuitable material shall be wasted, stockpiled or windrowed on city right-of-way without expressed consent of the director. (Ord. 2726 § 18, 2008; Ord. 462, 1969)

12.04.200 Traffic control.

A. The applicant shall submit for approval a traffic control plan in accordance with the current Manual on Uniform Traffic Control Devices adopted by the state of Washington.

B. The applicant shall provide off-duty police officers or a Washington State certified traffic control supervisor for traffic control when working within a signalized intersection or within 50 feet of a signalized intersection unless specifically waived by the director. (Ord. 2726 § 19, 2008; Ord. 462, 1969)

12.04.210 Adequate materials.

All materials shall be readily available to the job site and provisions shall be made to complete the construction in one continuous operation. Failure to comply shall result in work in the right-of-way being halted until such time as the conditions are corrected. (Ord. 2726 § 20, 2008; Ord. 462, 1969)

12.04.220 Barricading or closing streets.

No streets shall be closed or barricaded without approval by the director. All applications for barricading or closing streets shall be submitted for approval at least 14 days in advance and contain detour routes adequate for public convenience, safety and travel. The police and fire chiefs shall be notified 24 hours prior to barricading or closing of streets. (Ord. 2726 § 21, 2008; Ord. 462, 1969)

12.04.230 Unattended excavations.

All unattended excavations shall be properly barricaded as to prevent accidents. (Ord. 462, 1969)

12.04.240 Inspection and approval.

The permittee shall not close any excavations nor make use of constructed utilities until inspection and approval of the entire construction site have been made. (Ord. 462, 1969)

12.04.250 Final inspection.

Prior to final approval on construction, a visual inspection of the job site will be made by the director. Restoration of the area shall be complete with all improvements being restored to substantially their original condition. (Ord. 2726 § 22, 2008; Ord. 462, 1969)

12.04.260 Maintenance bond.

If, in the opinion of the director, a maintenance bond is necessary, final approval shall not be granted until a bond in the amount of $2,500 or 15 percent of the original indemnity bond, whichever is greater, is posted with the city. The maintenance bond is to be held by the city for a period of one year from the date of final approval. A cash deposit or guarantee account equal to $2,500 or 15 percent of the original indemnity bond, whichever is greater, may be substituted for the maintenance bond for the same time period. (Ord. 2726 § 23, 2008; Ord. 462, 1969)

12.04.270 Notice to utilities.

As soon as practical following the final decision of the city to improve a street, the city shall notify all utilities or other municipal corporations then making use of the street right-of-way. The city shall make available a plan and profile to all such utilities. The city shall also advise as to its date for commencement of construction. Any facilities belonging to any utility or other street user that have not been relocated so as to conform to the proposed improvement by the commencement date shall remain there at the sole risk of the utility or street user. The city or its agents may thereafter disrupt or damage the facility without liability therefore. (Ord. 462, 1969)

12.04.280 Penalty.

Any person, firm or corporation willfully violating any provision of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not exceeding $300.00, or by imprisonment in the city jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day’s violation of the provisions of this chapter may be deemed a separate offense. (Ord. 462, 1969)

12.04.290 Severability.

Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid. (Ord. 462, 1969)

12.04.300 Effective date.

This chapter shall take effect February 15, 1969. (Ord. 462, 1969)

Chapter 12.08
STREET AND ADDRESS SYSTEM

Sections:

12.08.010 Definitions.

12.08.020 Assignment of numbers to streets, avenues or places.

12.08.030 Boulevards, drives, ways, roads, parkways, or circles – Designation by ordinance.

12.08.040 Change of existing names.

12.08.050 Addresses for houses or buildings – Rules for issuance.

12.08.060 Addresses for houses or buildings – Changes authorized.

12.08.070 Addresses for houses or buildings – Posting specifications.

12.08.080 Enforcement authorized.

12.08.010 Definitions.

The following words or phrases whenever used in this chapter shall mean the following:

A. “Avenue” means a public or recorded private thoroughfare which affords primary access to abutting properties running generally in a north-south direction.

B. “Boulevard” or “drive” or “way” or “road” or “parkway” or “circle” means a public way dedicated or improved for general travel and as a primary means of access to the front of property either as a thoroughfare or cul-de-sac having such sinuosities as not to fit into the regular street or avenue pattern or a divided or other monumental way within or adjacent to a park, scenic or landscaped area and not being a portion or extension of a numbered street or avenue.

C. “Designating official” means the mayor or other city employee or employees authorized by the mayor to perform the duties as prescribed in this chapter.

D. “Place” means the same as a “street” or “avenue,” but lying between and parallel to streets or avenues as an extra street in the grid system of 16 streets to a mile.

E. “Street” means a public or recorded private thoroughfare which affords a primary means of access to abutting property, running generally in an east-west direction. (Ord. 2089 § 1, 1996; Ord. 2080 § 1, 1996; Ord. 1037 § 1, 1979)

12.08.020 Assignment of numbers to streets, avenues or places.

The designating official shall assign a number to such streets, avenues or places by application of the following principles:

A. All streets and avenues shall be designated by numbers assigned at intervals of one-sixteenth of a mile as measured from a section line.

B. Streets and places running generally east-west shall be consecutively increasing numbers as the intervals increase to the south. Avenues and places running generally north-south shall be consecutively increasing numbers as the intervals increase to the west. (Ord. 1037 § 2, 1979)

12.08.030 Boulevards, drives, ways, roads, parkways, or circles – Designation by ordinance.

New boulevards, drives, ways, roads or parkways, or circles shall be named or designated by ordinances by the city council after a recommendation by the interested persons, community groups, planning commission or the designating official. (Ord. 2089 § 2, 1996; Ord. 2080 § 2, 1996; Ord. 1037 § 3, 1979)

12.08.040 Change of existing names.

All existing named streets, avenues, places, boulevards, drives, ways, roads, or parkways, or circles shall continue to bear the designation unless changed by resolution or ordinance by the city council. (Ord. 2089 § 3, 1996; Ord. 2080 § 3, 1996; Ord. 1037 § 4, 1979)

12.08.050 Addresses for houses or buildings – Rules for issuance.

The designating official shall issue one address for each house, or building by application of the following rules:

A. House or building numbers shall be determined by adding two digits to the block number in which such house or building is located. A new block number shall be designated every 330 feet as measured from each quarter section line.

B. Consecutive numbers shall be assigned for each 10-foot interval, thus only 32 and 33 numbers can be assigned per block per even or odd side of the block respectively.

C. Numbers shall be assigned to the center of the building.

D. Every house or building shall be assigned only one address. Multiple-tenant buildings shall be addressed as per the following examples:

19100-A 44th Avenue W

19100-B 44th Avenue W

Multiple-tenant buildings having more than one floor shall be assigned addresses in the following manner:

19100-R-200 44th Avenue W

19100-R-303 44th Avenue W

(Ord. 1037 § 5, 1979)

12.08.060 Addresses for houses or buildings – Changes authorized.

The designating official shall make any necessary address changes to any house or building so as to make it conforming to the provisions of this chapter. (Ord. 1037 § 6, 1979)

12.08.070 Addresses for houses or buildings – Posting specifications.

The property owner of each house or building shall post the designated address in conformance with this chapter with numerals at least three inches high in colors contrasting with the background in such a manner and location that can easily be seen from the street or avenue. (Ord. 1037 § 7, 1979)

12.08.080 Enforcement authorized.

The administration of the city of Lynnwood shall be permitted to seek civil remedies to enforce the provisions of this chapter against any person, firm or corporation failing to comply with the requirements of this chapter. (Ord. 1037 § 8, 1979)

Chapter 12.12
PUBLIC SIDEWALKS, PLANTING STRIPS AND TRANSITION STRIPS

Sections:

12.12.005 Purpose.

12.12.010 Definitions.

12.12.020 Public works standard details and policies.

12.12.030 Sidewalks and walkways – Required for new developments.

12.12.040 Sidewalks and walkways – Maintenance.

12.12.050 Responsibility and duty to maintain and reconstruct planting strips.

12.12.060 Procedures and methods for repair and/or reconstruction – Apportionment of costs.

12.12.070 Civil action by city.

12.12.080 Enforcement responsibility.

12.12.090 Violation – Penalty.

12.12.005 Purpose.

The purpose of this section is to regulate and promote the development of sidewalks, planting strips and transition strips and to avoid or abate public nuisances through the construction of facilities designed to provide safe passage of pedestrians. (Ord. 2045 § 3, 1995)

12.12.010 Definitions.

A. “Pathway” means that portion of a transition strip occupied by a temporary facility to be used for pedestrian traffic until such time as permanent sidewalks are constructed.

B. “Planting strips” means those portions of a transition strip not occupied by a sidewalk or pathway.

C. “Sidewalk” means that portion of a transition strip improved for pedestrian traffic in accordance with standards fixed by the department of public works.

D. “Transition strip” means that portion of the public street abutting a tract of land lying between the traveled portion of the street and the property lines. (Ord. 1197 § 1, 1981)

12.12.020 Public works standard details and policies.

The director shall adopt standard details and policies to further the purposes of applicable Lynnwood Municipal Code chapters. The director is authorized to make changes to the standard details and policies in order to better implement the standards and policies and as needed to stay current with changing design and construction technology and methods. The State of Washington Department of Transportation Standard Specifications, State of Washington Department of Ecology Criteria for Sewage Works Design, American Water Works Association Standards, American Public Works Association (APWA) Greenbook Standard Specifications and APWA Standard Plans for Public Works Construction are adopted by reference.

The details and policies shall include:

A. Details illustrating the minimum requirements for utility and infrastructure installation;

B. The policies concerning installation and maintenance of private and public utilities.

In the case of conflicting standards, the director will determine which standard shall govern. (Ord. 2726 § 24, 2008; Ord. 1197 § 1, 1981)

12.12.030 Sidewalks and walkways – Required for new developments.

A. Sidewalks and full street improvements along adjacent right-of-way shall be provided as part of the general development plans of all plats and short plats, segregations and building permits except minor reconstruction or alteration. For building permits involving minor reconstruction or alteration, a walkway to the design standards of the department of public works shall be provided.

B. The design standards for the required sidewalks and/or walkways shall be prescribed by the public works director, taking into account existing and proposed pedestrian facilities within the immediate vicinity, and the availability of technical data for the establishment of permanent improvements, provided, where local conditions of surrounding developments, topography or other relevant factors warrant a delay in construction of permanent sidewalks in the opinion of the director of public works, a pathway or walkway may be established in lieu thereof.

C. For the purpose of this chapter, “minor reconstruction or alteration” is defined as building or site improvement within any 60-month period that does not result in a cumulative increase of the total floor area of a building or buildings on a site by more than 25 percent and the cumulative valuation of the improvements during that period is less than twice the estimated cost of the sidewalk installation. Properties for which the cost of sidewalk installation exceeds one-tenth the total assessed valuation of the property and structures according to the most current records of the Snohomish County assessor’s office shall be exempt from permanent sidewalk installation. The estimated cost of sidewalk installation for the purpose of this comparison shall be based upon submitted bids and subject to review and acceptance by the public works director.

D. In all cases where a permanent sidewalk is not provided and a walkway is established in lieu thereof, a bond or other reasonable equivalent guarantee that full permanent sidewalks and full street improvements to the public right-of-way would be installed at the expense of the applicant or assigns shall be provided. (Ord. 1387 § 1, 1983; Ord. 1197 § 1, 1981)

12.12.040 Sidewalks and walkways – Maintenance.

Sidewalks and/or walkways shall be maintained by the abutting property owner, free and clear of ice and snow, all vegetation, and free of all materials which are not a part of surfacing material fixed by the construction design standards of the department of public works. (Ord. 1197 § 1, 1981)

12.12.050 Responsibility and duty to maintain and reconstruct planting strips.

Planting strips shall be improved by the abutting property owners with living or nonliving materials. Nonliving materials shall be placed within the planting strip so as to be contained therein and to not become a hazard to the persons using the sidewalk, street or pathway adjacent thereto. Vegetation placed within the planting strip shall be maintained by weeding, spraying, fertilizing, watering and draining so as to not encroach upon the sidewalk and/or walkway. Planting areas shall be maintained free and clear of debris not an integral part of the improvement of the planting strip.

Whenever a portion of a transition strip is occupied by a rockery, the abutting property owner shall maintain, repair and reconstruct all rockeries and retaining walls which have a height of less than six feet as measured from the base of the retaining wall averaged from property line to property line. (Ord. 1197 § 1, 1981)

12.12.060 Procedures and methods for repair and/or reconstruction – Apportionment of costs.

With respect to repair and/or reconstruction of sidewalks, the city shall participate in the cost of the reconstruction on the following basis:

A. Sidewalks requiring reconstruction within five years from the date of acceptance of completion of the construction work by the city of Lynnwood shall be reconstructed without cost to abutting property owners.

B. Sidewalks in need of reconstruction more than five years after the date of acceptance of completion of the construction by the city of Lynnwood, but less than 10 years after said date, shall be reconstructed on the basis of 50 percent contribution by the city and 50 percent contribution by the abutting property owners.

C. Sidewalks in need of reconstruction more than 10 years after the acceptance of the construction by the city shall be reconstructed solely at the cost of the abutting property owners.

Provided, however, in the event that the reconstruction referred to in any of the subsections of this section is necessitated as a direct or proximate result of an act or omission of the abutting owner or owners, said acts to include but not be limited to the upheaval of the sidewalks by tree roots or other vegetation and the driving of heavy equipment over and upon the sidewalk by an owner or one acting in behalf of the owner, the sidewalk shall be repaired or reconstructed in the manner provided in this section solely at the cost of the owner of the properties abutting the sidewalk. (Ord. 1197 § 1, 1981)

12.12.070 Civil action by city.

In the event any such reconstruction or repair within a transition strip is made necessary by an act or omission of any third party, the city shall have the right to institute a civil action against the third party for all costs incurred and attendant to such reconstruction and/or repair. (Ord. 1197 § 1, 1981)

12.12.080 Enforcement responsibility.

Whenever a violation of the requirements of this chapter is brought to the attention of the city of Lynnwood, the matter shall be referred to the department of public works. A written notice describing the infraction shall be mailed to the address of the party paying the real estate taxes on the abutting property, requiring correction within a reasonable time to be established by the notice. In the event that the infraction is not corrected within the time specified in the notice, the director of public works or his designee shall either:

A. Cause the work necessary to correct the infraction to be done and file a lien against the benefited property for all costs incurred by the city, including experts’ fees, attorneys’ fees and overhead reasonably incurred by the city; if such lien is not paid within 30 days thereafter the city may enforce the same in the manner of mechanics’ liens; or

B. Cause an action to be commenced in the superior court requesting an order by the court directing the responsible parties to perform the work necessary to correct the infraction. In such event, the court may award to the city a judgment for all costs incurred by the city due to such infraction, temporary or permanent repairs, plus attorney’s fees reasonably incurred in bringing such action;

C. Provided, whenever the alleged infraction is a failure to construct, reconstruct, or repair an improvement within the definition of RCW 35.68.010, the department of public works shall inform the city council of such alleged infraction in order to institute action pursuant to Chapter 35.68 RCW. (Ord. 1197 § 1, 1981)

12.12.090 Violation – Penalty.

Failure of the abutting property owner to maintain, repair or reconstruct adjacent sidewalks, planting strips and transition strips in accordance with this chapter is declared a public nuisance. Any abutting property owner failing to abate the nuisance within 45 days of notice of the same shall be subject to a fine of up to $250.00 for each offense. The court hearing violations of this chapter may consider each day the abutting owner fails to abate such a nuisance after notice to be a separate violation. (Ord. 1197 § 1, 1981)

Chapter 12.16
VACATION OF STREETS AND ALLEYS

Sections:

12.16.010 Statement of purpose.

12.16.020 Petition for vacation.

12.16.030 Petition fees.

12.16.040 Appraisals.

12.16.050 Notice of hearing.

12.16.060 Protest.

12.16.070 Staff report.

12.16.080 Hearing.

12.16.090 Easement for utilities and services.

12.16.100 Vacation of waterfront street.

12.16.110 Compensation for vacation.

12.16.120 Posting and mailing notices – Recording ordinance.

12.16.010 Statement of purpose.

The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city of Lynnwood. This chapter is intended to implement the authority granted to the city of Lynnwood by Chapter 35.79 RCW and to conform to its provisions. (Ord. 2208 § 1, 1998)

12.16.020 Petition for vacation.

A. Petitions Authorized. The owners of an interest in any real estate abutting upon any street or alley desiring to vacate the street or alley or any part thereof may petition the city council to make such vacation.

B. Elements of Petition. The vacation petition shall include a legal description of the property to be vacated prepared by a licensed surveyor. This requirement may be waived for good cause by the public works director.

C. Filing of Petition. The petition or resolution shall be filed with the finance director, and the petition shall be signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated.

D. Council Resolution for Vacation/Council Action on Resolution or Petition. After receipt of petition for vacation, or after the city council’s own motion on its own resolution for vacation, the city council shall adopt a resolution fixing a time when the petition will be heard and determined, which time shall not be more than 60 days nor less than 20 days after the date of the passage of the resolution. (Ord. 2208 § 1, 1998)

12.16.030 Petition fees.

A. Prehearing Fee. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by an initial nonrefundable payment to the city of a fee as shown in Chapter 3.104 LMC, to defray the administrative costs incurred in processing such vacation petitions. The fee shall be paid into the general fund of the city.

B. Appraisal and Other Fees to Be Paid. In addition, at the time of filing the vacation petition, the petitioner shall deposit $1,000 with the public works director to cover the appraisal and other costs for a street or alley abutting property which is zoned single-family residential; provided, however, the deposit shall be $2,000 to cover the appraisal and other costs for a street or alley abutting on property zoned for nonresidential uses and multiple-residence, or high-density. In the event that the appraisal or other cost is less than the amount deposited, the vacation compensation payable to the city shall be reduced by the difference between the deposit and the actual cost, or in the alternative, such difference shall be refunded. In the event the costs are more than the amount deposited, the vacation compensation payable to the city shall be increased by the difference between the deposit and the actual cost, or in the alternative, such difference shall be separately billed and paid by the petitioners prior the approval of the vacation. Costs include any professional consultant studies (for example, wetland, traffic) determined by the public works director to be reasonably necessary to evaluate the vacation. Any such consultants shall be retained by the city. Petitioner may request that the public works department not retain appraisers or consultants until the department makes a preliminary decision of whether it supports or opposes the petition, provided, such request shall not be determinative on department action. For good cause documented in the public works department file, the public works department may utilize an alternative valuation method, subject to final city council approval.

C. Fees for City Waived. No fees are required if the city initiates a street vacation. (Ord. 2699 § 21, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2208 § 1, 1998)

12.16.040 Appraisals.

The public works director is authorized to obtain appraisals from qualified, independent appraisers of such streets or alleys as are recommended for vacation, and is further authorized to obtain appraisals from qualified, independent real estate appraisers of the fair market value of the alternate right-of-way land proposed to be granted or dedicated to the city for street or alley purposes in lieu of a cash payment in the manner contemplated by LMC 12.16.110. In such instance, an additional appraisal deposit fee shall be paid for the appraisal of such parcel(s), and according to the fee and time schedule provided in LMC 12.16.030. (Ord. 2208 § 1, 1998)

12.16.050 Notice of hearing.

A. Notice to be Provided. Upon the passage of the resolution, the finance director shall give 20 days’ notice of the pendency of the petition by a written notice posted in three of the most public places in the city, and a like notice in a conspicuous place on the street or alley sought to be vacated.

B. Elements of Notice. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. The notice will state that the council shall hold a public hearing on the proposed vacation in the manner required in this chapter. In addition, the notice posted on the alley or street proposed to be vacated shall indicate that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the city council indicating his or her objection.

C. Notice Where Council Initiates Vacation by Resolution. In all cases where the proceeding is initiated by resolution of the city council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice herein above required, there shall be given by mail at least 15 days before the date fixed for the hearing, a similar notice to the record owners or reputed owners of all lots, tracts, or parcels of land or other property abutting upon any street, alley, or any part thereof sought to be vacated, as shown on the rolls of the county treasurer. (Ord. 2208 § 1, 1998)

12.16.060 Protest.

If 50 percent of the abutting property owners file written objection to council-initiated vacation with the finance director prior to the time of the hearing, the city shall be prohibited from proceeding with resolution. (Ord. 2208 § 1, 1998)

12.16.070 Staff report.

The public works department shall prepare a report concerning the proposed vacation, which report should address the criteria (see LMC 12.16.080) to be considered by the city council in determining whether to vacate the street or alley. The report should also include information such as:

A. How and why the street or alley property was originally acquired;

B. Condition of the street or alley property and any improvements;

C. The property owners who will acquire the property if it is vacated;

D. Expected use and benefit to be received by the acquiring property owners;

E. Benefit to the city to be gained by returning the property to private ownership;

F. L.I.D. history involving the street or alley property;

G. Possible future city requirements for use of the street or alley property, such as utility easement, street, open space, walkway, or emergency access;

H. Estimate of the value of the street or alley property. (Ord. 2208 § 1, 1998)

12.16.080 Hearing.

The hearing on such petition may be held before the city council upon the date fixed by resolution or at the time said hearing may be adjourned to. The city council may grant the petition to vacate the street, alley, or any part thereof by ordinance, with or without conditions, or the city council may deny the petition. The city council’s determination should include, but not be limited to, consideration of the following criteria:

A. Whether a change of use or vacation of the street or alley will better serve the public;

B. Whether the street or alley is no longer required for public use or public access;

C. The condition of the street or alley;

D. Whether the substitution of a new and different public way would be more useful to the public;

E. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and

F. Whether objections to the proposed vacation are made by the owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. (Ord. 2208 § 1, 1998)

12.16.090 Easement for utilities and services.

Ordinances vacating streets, alleys, or portions thereof may contain a provision retaining or requiring conveyance of easements for construction, repair, and maintenance of existing and future public utilities and services. (Ord. 2208 § 1, 1998)

12.16.100 Vacation of waterfront street.

A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water, unless:

1. The vacation is sought to enable the city to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, educational purposes, or other public uses;

2. The city council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or

3. The vacation is sought by the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abut, had the property included in the plan not been vacated.

B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the city shall:

1. Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated;

2. Conduct a study to determine if the street or alley to be vacated is suitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;

3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter;

4. Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest; and

5. Determine the amount of compensation. The payment shall be delivered to the public works director, who, upon receipt of any such payment, shall transmit the same to the finance director for deposit. In the event that the petitioner has received approval of delivery of an instrument granting or dedicating to the city a parcel(s) of land in lieu of a cash payment as contemplated by LMC 12.16.110, the public works director, at the applicant’s expense, shall obtain a policy of title insurance insuring title thereto in the city.

C. No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Monies received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 2208 § 1, 1998)

12.16.110 Compensation for vacation.

A. Payment for Vacation. Ordinances vacating any street or alley or part thereof which has not been acquired at public expense shall not be passed by the city council until a sum equal to one-half of the fair market value, as shown in the appraisal, of the area is paid to the city; provided, that where the area vacated was part of a dedicated right-of-way for 25 years or more or was acquired at public expense, the sum to be paid to the city shall be equal to the full fair market value, as shown in the appraisal, of the area vacated. As contemplated by LMC 12.16.100, the full fair market value, as shown in the appraisal, shall be paid upon vacation of the streets abutting upon bodies of water.

B. In-Lieu Transfers of Property. Conveyance of other property acceptable to the city may be made in lieu of the payment required by subsection (A) of this section, whether required to mitigate adverse impacts of the vacation or otherwise. When such conveyance is made for street purposes, one-half of the fair market value, as shown in the appraisal, of the land conveyed shall be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed shall be credited to the required payment.

When the value of the in-lieu parcel is less than the payment required by subsection (A) of this section, the petitioner shall pay the difference to the city. When the value of the in-lieu parcel exceeds the payment required by subsection (A) of this section, the city shall pay the difference to the petitioner.

C. Vacations of Streets or Alleys Subject to 1889-90 Laws of Washington, Chapter 19, Section 32 (Non-User Statute). The city council’s adoption of a vacation ordinance for those streets and alleys subject to the 1889-90 Laws of Washington, Chapter 19, Section 32 (Non-User Statute) shall not require compensation by the abutting owners. However, the property owners requesting such vacation shall pay the city’s administrative fees described in LMC 12.16.030 for the city’s costs relating to research and processing of the vacation request. (Ord. 2673 § 1, 2007; Ord. 2208 § 1, 1998)

12.16.120 Posting and mailing notices – Recording ordinance.

Posting and mailing of the notices provided for in this chapter shall be the responsibility of the finance director. As required by RCW 35.79.030, a certified copy of the ordinance vacating a street, alley, or portion thereof, shall be recorded by the finance director and in the office of the Snohomish County auditor. (Ord. 2208 § 1, 1998)

Chapter 12.18
TEMPORARY CONSTRUCTION OFFICES FOR CITY STREET PROJECTS

Sections:

12.18.050 Purpose.

12.18.100 Application.

12.18.200 Authority.

12.18.300 Requirements.

12.18.400 Notice.

12.18.050 Purpose.

This chapter establishes regulations for allowing temporary construction offices during construction and before occupancy at the site of city street projects. These regulations are intended to allow such offices to be located and operated on-site or off-site in a manner that is in the interest of the public health and safety and in a manner that does not have a significant adverse impact on adjoining properties or streets. (Ord. 2361 § 2, 2001)

12.18.100 Application.

The project manager or lead city official of a new city street project may apply to the public works department to locate a temporary construction office off-site from the construction project. (Ord. 2361 § 3, 2001)

12.18.200 Authority.

The public works director shall approve an application for a temporary construction office if the director finds that the location and use of the office complies with the purpose and regulations in this chapter and the uniform construction codes adopted in LMC Titles 9, 15 and 16. Action taken pursuant to this chapter may be appealed through Process II (LMC 1.35.200). (Ord. 2361 § 4, 2001)

12.18.300 Requirements.

A temporary construction office allowed under this chapter shall be located in a “commercial coach” that meets the requirements of the State Department of Labor and Industry (ref. Chapter 296-150C WAC, referred to herein by the term “coach”), and shall comply with the following requirements:

A. A minimum of five off-street parking spaces plus a van-accessible stall shall be provided. These spaces shall be located so that vehicles are not required to back onto a designated arterial street.

B. Access to the coach shall comply with all accessibility requirements, if applicable.

C. The coach shall be removed from the site within 15 calendar days of completion of the project, as determined by the public works director.

D. The coach may be located in a required setback, except a setback that adjoins a single-family zone.

E. A building permit is required for installing the coach, for installing access ramps (if required under subsection B of this section), and for sewer, water and electrical connections.

F. The coach must be labeled as a commercial coach by the Washington State Department of Labor and Industries.

G. If the floor area of the coach exceeds 400 square feet, the exterior walls shall provide one-hour fire protection, or an approved sprinkler system shall be installed within the coach.

H. The coach shall not be located in required fire lanes and shall be accessible to emergency equipment.

I. Fire extinguishers shall be located in or around the coach, as required by the fire marshal.

J. Temporary landscaping and temporary skirting shall be placed around the base of the coach, including (but not limited to) small trees or shrubs spaced no more than four feet on-center. This landscaping may be planted either in the ground or in temporary planter boxes or other containers. The landscaping shall be subject to the approval of the community development director. (Ord. 2361 § 5, 2001)

12.18.400 Notice.

The public works director shall provide notice of intent to locate a temporary construction office under this chapter at least 14 calendar days prior to approval of any permit for such an office. This notice shall be mailed to:

A. Each owner of real property abutting or directly across a public right-of-way from the proposed site of the office and all contiguous property that is under common ownership with the site of the office; and

B. Each person who has requested such notice in writing for the calendar year and who has paid the fee established by the applicable department director; and

C. Each person who can be identified from existing city records as having participated in a prior decision regarding use or development of the site of the temporary construction office. (Ord. 2361 § 6, 2001)

Chapter 12.20
UNDERGROUNDING OF OVERHEAD ELECTRIC WIRES

Sections:

12.20.010 Purpose and scope.

12.20.020 Undergrounding requirement.

12.20.030 Responsibility for cost.

12.20.040 Delay of installation.

12.20.050 Design standards – As-built plans – Maintenance.

12.20.060 Permits.

12.20.070 Definitions.

12.20.080 Existing city franchises not affected.

12.20.010 Purpose and scope.

Overhead wires carrying electrical energy, including but not limited to telephone, cable television and electrical service wires, are a source of possible danger to persons using streets in high density urban areas, including but not limited to the streets of the city center subarea. Therefore, public necessity, convenience, safety and general welfare require that all such overhead wires be relocated underground as soon as possible in accordance with the requirements of this chapter, and that all new electric wires be installed underground. (Ord. 2630 § 1, 2006)

12.20.020 Undergrounding requirement.

For rights-of-way in the city center use districts as established and described in LMC 21.60.200 (“city center subarea”):

A. All new electric wires shall be placed underground.

B. Upon development or redevelopment of real property in the city center subarea, all existing overhead wires in the right-of-way abutting the real property shall be relocated underground.

C. In conjunction with a street-widening project that requires reinstallation of supporting overhead wires, all existing overhead wires shall be relocated underground. (Ord. 2630 § 1, 2006)

12.20.030 Responsibility for cost.

For a city-initiated and -sponsored street-widening project pursuant to LMC 12.20.020(C), the city shall be responsible for the cost and expense of placing overhead wires underground. For a combined city-initiated and -sponsored and property owner-initiated and -sponsored street-widening project pursuant to LMC 12.20.020(C), the city and the property owner shall be responsible for their respective cost and expense of placing overhead wires underground, as agreed to between the city and the property owner. For all other undergrounding of electric wires pursuant to LMC 12.20.020, the owners of such wires, to the extent authorized by state statute and regulations, and the owners of the real property abutting the right-of-way, shall be responsible for the cost and expense of placing such wires underground, as agreed to between the owners of such wires and the owners of such real property. The placement of overhead wires underground shall include but not be limited to the installation of electric wires, the removal of poles and the restoring of any road or sidewalk surface. (Ord. 2630 § 1, 2006)

12.20.040 Delay of installation.

The public works director may authorize a delay in the placement of electric wires underground where such placement, in the opinion of the public works director, could in the foreseeable future be accomplished more efficiently and cost effectively in conjunction with development of contiguous real property or as part of a city financing mechanism, including but not limited to a local improvement district or a city bond issue. In such event, the persons responsible for the cost and expense of such placement shall enter into an agreement with the city regarding the delay in performance. (Ord. 2630 § 1, 2006)

12.20.050 Design standards – As-built plans – Maintenance.

All underground electric wires shall be installed in accordance with applicable federal, state and city standards, and pursuant to a schedule approved by the public works director. Where possible, the underground electric wires shall be included in a common trench with other utilities in order to preserve the remainder of the right-of-way for other uses. As-built project drawings in a form and scale approved by the public works director shall be submitted in duplicate to the public works director within 30 days of the completion of the underground project. Following installation, the person who placed the electric wires underground shall be responsible for maintaining and replacing such wires in accordance with this code or applicable federal, state and city laws and regulations. (Ord. 2630 § 1, 2006)

12.20.060 Permits.

The installation, removal or replacement of electric wires underground shall require a permit pursuant to Chapter 12.04 LMC. Except for street- widening projects in which the city is a participant, the property owner and the electric wire owner shall be responsible for obtaining any applicable federal and state permits, and any additional city permits, for the installation, maintenance, removal or replacement of electric wires underground. (Ord. 2630 § 1, 2006)

12.20.070 Definitions.

The following terms shall have the following meanings in this chapter:

“Development” means:

1. Subdivisions, short subdivisions, planned unit developments, binding site plans and design review approvals; and

2. Development, use and mitigation of real property pursuant to a development agreement authorized by Chapter 1.37 LMC.

“Electric wires” means wires used for the carrying and distribution of electrical energy, including but not limited to telephone, telegraph, cable television and electrical power.

“Overhead wires” means electric wires placed above the ground, including but not limited to electric wires hung on poles. (Ord. 2630 § 1, 2006)

12.20.080 Existing city franchises not affected.

This chapter shall not affect or waive any right or obligation of a city franchise for use of the city right-of-way, and shall be applied consistent with any applicable tariffs and regulations of the Washington Utilities and Transportation Commission. If a provision of this chapter conflicts with a provision of a franchise agreement or ordinance, the provision of the franchise agreement or ordinance shall control. (Ord. 2630 § 1, 2006)