Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.04 Street Work Permits

12.06 Street or Alley Vacation

12.08 Culverts

12.12 Sidewalk Construction

12.15 Special Events

12.16 Park Regulations

12.18 City Ballfields

12.20 Right-of-Way Cleanup

12.24 Street Requirements

12.28 Adopt-A-Street/Adopt-A-Site Program

Chapter 12.04
STREET WORK PERMITS

Sections:

12.04.010 Permit – Required when – Emergency exception.

12.04.020 Permit – Terms and conditions.

12.04.030 Permit – Fee – Furnishing of restoration specifications.

12.04.040 Permit – Issuance – Notice of work completion – Bond forfeiture.

12.04.050 Inspection authorized – Fee.

12.04.060 Performance bond required.

12.04.070 Liability insurance cover.

12.04.080 Permit – Form.

12.04.090 Safety devices required.

12.04.100 Notification of intent to pave – Excavation restrictions.

12.04.110 Pavement cutting – Administrative variance.

12.04.120 Violation – Penalty.

12.04.010 Permit – Required when – Emergency exception.

It is unlawful for any person, firm or corporation to cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or obstruct any street, alley, or any street pavement or improvement or other city-owned property in the city without first having obtained written permission as provided in this chapter; provided, however, that in case of an emergency occurring outside of regular office hours, whenever an immediate excavation may be necessary for the protection of life or public or private property, such matter shall be reported immediately to the director of public works, who may thereupon grant permission to make the necessary excavation upon the express condition that an application for a permit shall be made in the manner provided in this chapter on or before 12:00 noon of the next following business day. (Ord. 1480 § 1, 2001; Ord. 549 § 1, 1968).

12.04.020 Permit – Terms and conditions.

Such permit shall be granted only upon compliance with the following terms and conditions:

A. The party requesting such permit shall make application in writing and simultaneously therewith file with the city a plat showing the location and plan of the excavation, cutting or other work desired to be done, and the street, alley or place to be so used, together with a full description of the nature of the work. The director of public works shall thereupon examine such application and plat, and if the same shall be approved and proper performance bond filed, as hereinafter provided, permits may be issued.

B. Such permit shall specify the place where such acts are to be performed and done, together with a description of the proposed work to be done under such permit and the length of time allowed for the completion thereof. The permittee shall further be required to replace to its former condition whatever portion of the street, alley, pavement or improvement that may have been disturbed or affected in any way during such work, and such permit may further specify whether the city elects to do the work of restoring the surface as provided in this chapter.

C. The acts and work permitted under such permit, and the restoration to its former condition of such street, alley, pavement or improvement, shall at all times be performed under the supervision and control of the director of public works or an appointed designee, but at the sole cost and expense of the permittee.

D. In making any excavation, cut or break in any public street, avenue, or alley, the materials thus excavated from the trenches thereof not otherwise suitable for backfilling shall be disposed of as directed by the city. All such excavations shall be backfilled with approved materials and shall be compacted to a minimum of 95 percent.

E. The maximum length of any open trench during such work shall at no time exceed 200 lineal feet, except when otherwise granted by special written permission from the director of public works. No open ditches shall be left overnight or on weekends.

F. All existing storm sewer facilities and other utilities that are moved or disconnected during such work shall be replaced immediately as directed, and all excavated areas shall be cleaned thoroughly and swept immediately after backfilling and after completion of compaction. All cuts shall be continuous, and shall be made with saws specifically equipped for this purpose. No skip cutting will be allowed. Any pavement which is damaged outside the allowable trench widths shall be repaired entirely at the contractor’s expense.

G. If the director of public works so elects, all excavated materials at intersections shall be removed and disposed of and steel driving plates placed over trenches so as to provide safe and adequate passage for vehicular and pedestrian traffic at all times.

H. In excavating any public street, avenue or alley, the surface material and earth removed must be kept separate and deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate provision for proper surface drainage and safe passage for the traveling public. Such surface or pavement, after refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the permittee shall fail to complete such work and restore such street, alley, pavement or improvement before the expiration of the time fixed by such permit, the director of public works shall, if he deems it advisable, cause such work to be done by the city or any other party in order to return such street alley, pavement, improvement, or place to its original and proper condition as it existed immediately prior to such excavation; in such case the permittee shall be liable unto the city for any and all work performed, and the city shall have the right to proceed against the performance bond filed by said permittee as provided in this chapter. The city shall have a right of action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work, not otherwise covered by said bond.

I. The permittee, as a further condition to the issuance of such permit, shall warrant and guarantee unto the city the work performed and the restoration of the premises for a period of two years from the date of completion of such work.

J. If a permit is issued for excavation for the purpose of installing, maintaining, repairing, or replacing any gas service line to carry gas from a main or gas line, within a street, alley or public place to private property for use of such gas thereon, the permittee shall further agree, in the application for any such permit, that if the structure or facility on any such private property to which gas is introduced or furnished by the service line shall thereafter cease to be occupied for one year or more, or shall no longer be used or useful, the permittee and each of its successors and assigns will, upon any such occurrence, cut and cap such service line to prevent further flow of gas to such structure or facilities, or, upon written demand of the city take such similar action. Upon completion of such work including the capping of such line, the same shall be reported to the city in writing. Permittee agrees, whenever possible, to notify the city in writing whenever any such structure or facility has ceased to be serviced by any gas line or has otherwise discontinued or abandoned the use thereof.

K. The city shall have the right to elect, and to specify such election on the permit to be issued, that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing thereof, may be done by the city and any and all costs and expenses in connection therewith be charged to and paid by the permittee and/or the sureties of his/her performance bond. Such bond shall be in an amount not less than the anticipated cost of the work to be done.

L. The city will not be responsible for locating and/or exposing city-owned or private utilities, storm drains, sewers, or any underground facility; the city will, however, attempt to the best of its ability to reference, in general, underground facilities. It shall be the sole responsibility of the permittee to use whatever proper precautions are necessary in all excavation with respect to all underground facilities to ensure the prevention of any damage whatsoever, to include the use of hand labor if necessary. (Ord. 1480 § 1, 2001; Ord. 549 § 2, 1968).

12.04.030 Permit – Fee – Furnishing of restoration specifications.

The fee will be as required by the latest fee structure ordinance codified in Chapter 3.48 MMC. The director of public works shall furnish specifications for street, alley, and roadway restoration to the permittee. (Ord. 1480 § 1, 2001; Amended at city’s request, 2/9/84; Ord. 549 § 3, 1968).

12.04.040 Permit – Issuance – Notice of work completion – Bond forfeiture.

Such permit shall be issued in duplicate and one copy shall be filed with the clerk and one copy with the director of public works, who shall notify the clerk when the street, alley, or other improvements have been restored to their former condition as requested by this chapter. Immediately upon the completion of the acts or work allowed under such permit, written notice thereof shall given to the city by the permittee. (Ord. 1480 § 1, 2001; Ord. 549 § 4, 1968).

12.04.050 Inspection authorized – Fee.

The director of public works may, if in his/her judgment the nature and type of work are such as to require inspection thereof, either during the progress of such work or after the premises affected have been restored to its original condition, or at both said times, inspect the same at the expense of the permittee, and said permittee shall pay an inspection fee of $30.00 per hour, rounded to the nearest half-hour. (Ord. 1480 § 1, 2001; Ord. 549 § 5, 1968).

12.04.060 Performance bond required.

The applicant for any such permit, the issuance thereof as provided in this chapter, shall execute and deliver unto the city and file with its clerk a performance bond in such amount as shall be fixed by the director of public works, which bond, or any additional bond and/or separate liability insurance coverage elsewhere provided in this chapter shall also provide that the applicant will keep and save the city harmless from any and all claims, liabilities, judgments, loss, damages, expenses arising from any acts which said permittee may do under the permit, or which may be done by any of his/her agents, servants, representatives or employees in excavation or disturbing any such alley, street, pavement or improvement, or by reason of the violation of any of the provisions of this chapter, and to otherwise fully warrant the work and acts required hereunder for a period of two years. (Ord. 1480 § 1, 2001; Ord. 549 § 6, 1968).

12.04.070 Liability insurance cover.

The applicant shall furnish satisfactory evidence of liability insurance in the amounts of $1,000,000, $2,000,000, and $1,000,000. The applicant shall obtain and keep in force during the term of the permit public liability and property damage insurance in companies and in form to be approved by the clerk. Said insurance shall provide coverage to the applicant, any subcontractor performing work provided by the permit and the city. The city shall be named as an additional insured on said policy insofar as the work and obligations performed under the permit are concerned. The coverage so provided shall protect against claims for personal insurance and injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the applicant or the subcontractor, or by anyone directly or indirectly employed by either of them. The minimum policy limits of such insurance shall be as follows: bodily injury liability coverage with limits of not less than $1,000,000 for bodily injury, including accidental death, to any one person, and subject to that limit for each person, in an amount not less than $2,000,000 for each accident; and property damage coverage in an amount of not less than $1,000,000 for each accident. (Ord. 1480 § 1, 2001; Ord. 549 § 7, 1968).

12.04.080 Permit – Form.

The permit required by this chapter shall be in a form substantially as follows:

Department of Public Works
Milton, Washington

Street Work Permit No. ______

As required by Ordinance _____

Date _____

Name:
Address
(For whom work is being done)

Name:
Address
(Contractor)

You are hereby granted permission to


(Give description, size and purpose of work doing)

Work to be completed on or before

Special provisions

The holder of this permit agrees to complete the work for which this permit is granted, and to do so in accordance with the requirements of Milton Municipal Code Chapter 12.04 and to the satisfaction of the director of public works before final acceptance as required by the provisions of his bond. Trench backfill must consist of 5/8 inch crushed gravel unless waived by the director of public works. The holder also agrees to indemnify and hold the city of Milton harmless from any and all loss or damages done to any person or property which may arise from the construction operations covered by this permit, and to protect the public by placing sufficient barricades and lights and signage, all in accordance with existing ordinances, and consistent with the latest edition of the Manual on Uniform Traffic Control Devices. Time of permit expires in 30 days unless otherwise noted.

All work must be inspected before being covered or before backfilling takes place, and the finished job must be inspected and accepted by the director of public works or designee upon final completion of the work.

City will not guarantee water works information.

The permittee hereby agrees to all the above stipulations.

_______________ _________
(Signature of Applicant)

By______________
Dir., Public Works

Project Accepted:_______
(Date)

By______________
Dir., Public Works

Remarks:

(Ord. 1480 § 1, 2001; Amended at city’s request, 2/9/84; Ord. 549, 1968).

12.04.090 Safety devices required.

In case any public street, alley, pavement, improvement or place shall be dug up, excavated, undermined, cut or disturbed, the permittee shall cause to be erected and maintained around the portion of the street, alley, pavement, improvement or place so disturbed, such barriers, lights, signs, flagmen and other safety devices as may be required by the latest, revised Manual on Uniformed Traffic Control Devices and director of public works and failure to do so shall constitute a violation of this chapter. (Ord. 1480 § 1, 2001; Ord. 549 § 8, 1968).

12.04.100 Notification of intent to pave – Excavation restrictions.

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 or any real property, whether improved or unimproved, abutting said street. Such notice shall notify such persons or firm that no excavation permit shall be issued for openings, cuts or excavations in said street for a period of five years after the date of enactment of such ordinance or resolution. Such notice shall also notify such persons or firm that applications for excavation permits, for work to be done prior to such construction, paving or resurfacing, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 60 days from the date of enactment of such ordinance or resolution. The director shall also promptly mail copies of such notice to the occupants of all houses, buildings and other structures abutting said street for their information and to state agencies and city departments or other persons that may desire to perform excavation work in said city street.

Within said 60 days every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this chapter, as may be necessary to install or repair conduits or other utility installations. In the event any owner of real property abutting said street shall fail within said 60 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 of enactment of said ordinance or resolution. During said five-year period, no excavation permit shall be issued to open, cut or excavate in said street unless in the judgment of the director an emergency as described in this chapter exists which makes it absolutely essential that the excavation permit be used.

Every city department or official charged with responsibility for any work that may necessitate any opening, cut or excavation work within said 60-day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in said city street during said five-year period. (Ord. 1480 § 1, 2001).

12.04.110 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. In cases of emergency or construction failures or if all alternatives to pavement cutting have been exhausted, provisions to allow cutting of the pavement may be obtained if approved by the city. Provisions shall be conditioned on providing a standard asphalt patch and minimum 150 linear foot full width overlay for asphalt concrete pavement and bituminous surface treatment pavement or standard cement concrete restoration for cement concrete pavements. (Ord. 1480 § 1, 2001).

12.04.120 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.08 MMC. (Ord. 1480 § 1, 2001; Ord. 549 § 9, 1968. Formerly 12.04.100).

Chapter 12.06
STREET OR ALLEY VACATION

Sections:

12.06.010 Initiation.

12.06.020 Notice of hearing.

12.06.030 Compensation.

12.06.040 Filing fee.

12.06.010 Initiation.

The owners of any interest in real estate abutting upon any street or alley within the city who may desire to vacate the street or alley, or any part thereof, may petition the council to make vacation, giving the legal description of the property to be vacated, or the council may initiate the vacation procedure by resolution. Petitions shall be filed with the clerk and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the portion of the street or alley sought to be vacated, the council, by resolution, shall fix a time when the petition will be heard by council or a committee thereof, which time shall not be more than 60 days, or less than 20 days, after the date of passage of the resolution. (Ord. 929 § 1, 1983).

12.06.020 Notice of hearing.

Upon the passage of the resolution, the clerk shall give notice as described by RCW 35.79.020. (Ord. 929 § 2, 1983).

12.06.030 Compensation.

A. Whenever a petition is filed to vacate a street or alley or if the council initiates such vacation by resolution, the council shall require the abutting landowners to compensate the city in an amount which equals one-half of the appraised value of the area vacated; provided, that when the council deems it to be in the best interest of the city, all or any portion of the compensation may be waived.

B. In all instances where compensation for the vacated right-of-way is provided, an appraisal of the right-of-way proposed for vacation shall be made prior to submittal of petition. The appraisal shall be made by a licensed certified appraiser. All appraisals shall be paid for by the petitioner.

C. A copy of the appraisal of the area to be vacated shall be submitted along with the petition. The petitioner shall pay one-half of the appraisal amount. All petitioners shall pay their proportionate amount by the percentage of land they shall acquire with the street or alley vacation. Payment shall be made within 90 days of petition being received at the administration office. Upon written notice that the deposit has been made or provided for and all other conditions of the vacation have been met or provided for, the council will consider the vacation ordinance at final reading. Vacation proceedings shall be abandoned in the event that the petitioner or petitioners fail to make any compensation within the time limit as provided in this section. (Ord. 929 § 3, 1983).

12.06.040 Filing fee.

The petitioner shall pay a non-refundable filing fee to defray the administrative cost of the city handling the vacation petition in the amount of $250.00. The city shall provide the necessary petition and other administrative forms for the vacation procedure. (Ord. 929 § 4, 1983).

Chapter 12.08
CULVERTS¹

Sections:

12.08.010 Driveway culvert required when.

12.08.020 Provision for culvert installation required when.

12.08.030 Removing or obstructing drainage ways prohibited.

12.08.040 Violation – Penalty.

12.08.010 Driveway culvert required when.

All property owners having private driveways which connect with public streets of the city which require the installation of culverts to permit the unobstructed flow of surface waters along the streets of the city shall provide sufficient culvert of 12-inch diameter to cross the private driveway at the point of intersection with the public streets of the city.

A. The owner of the property served by the culvert shall purchase and install the culvert. The length of the culvert required shall be determined by the city.

B. The culvert and installation thereof shall be inspected and certified by the city. (Ord. 931, 1983).

12.08.020 Provision for culvert installation required when.

No private driveway shall hereafter be connected to the public streets of the city without making proper provision for the installation of drainage culverts unless such drainage culverts are determined by the clerk to be unnecessary. (Ord. 931, 1983).

12.08.030 Removing or obstructing drainage ways prohibited.

It is unlawful for any persons to fill in any drainage ditches constructed by the city on public streets within the city without the permission and approval of the council. It also is unlawful to obstruct or to remove any drainage culverts installed in any public streets or connections therewith by the city. (Ord. 931, 1983).

12.08.040 Violation – Penalty.

Any person who violates any provisions of this chapter or who shall counsel, aid or abet any such violation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.08. (Ord. 931, 1983).

Chapter 12.12
SIDEWALK CONSTRUCTION

Sections:

12.12.010 Responsibility of abutting property owners.

12.12.020 Planned unit development and subdivision review.

12.12.030 Reviewing the repaving, reconstructing or extensive repairing of existing streets.

12.12.010 Responsibility of abutting property owners.

Whenever within the discretion and judgement of the council it is necessary that any portion or all of said sidewalks within said district be constructed, laid or built, reconstructed, relaid, rebuilt or repaired, and upon the order and resolution of the council to such effect to the owner of the abutting property, it shall thereupon become the duty of the owner of such abutting property to cause such construction, building and laying and relaying, reconstruction or repairing of such sidewalk or sidewalks to be done. In the event that the owner of said abutting property fails to cause the construction, building, laying, reconstruction, rebuilding and repairing of said sidewalks or any portion thereof within 30 days after the order and resolution of the council, then such work may at the discretion of the council be ordered done by the city either by force account or contract therefor, and the cost therefor, together with all other costs in connection therewith, shall be charged against said abutting property by the organization of a local improvement district therefor or within such powers as may be given the city by the laws of the state and the ordinances of the city in such cases made and provided. (Ord. 962 § 2, 1984).

12.12.020 Planned unit development and subdivision review.

The council shall determine at their review process whether the developer of planned unit developments and subdivisions will be required to construct sidewalks or walkways. (Ord. 962 § 2, 1984).

12.12.030 Reviewing the repaving, reconstructing or extensive repairing of existing streets.

The council shall consider the construction of sidewalks or walkways at the time of repaving or reconstructing of all streets. If the council determines sidewalks or walkways shall be constructed, the cost shall be borne by the respective jurisdiction doing the work. (Ord. 962 § 2, 1984).

Chapter 12.15
SPECIAL EVENTS

Sections:

12.15.010 Purpose and intent.

12.15.020 Definitions.

12.15.030 Permit – Required.

12.15.040 Permit – Application – Fee.

12.15.050 Permit – Application – Contents.

12.15.060 Permit – Application – Filing period.

12.15.070 Notification.

12.15.080 Bond required.

12.15.090 Insurance required.

12.15.100 Hold harmless – Limitation of liability.

12.15.110 Permit – Issuance standards.

12.15.120 Appeal procedure.

12.15.130 Permit – Revocation.

12.15.140 Traffic control.

12.15.150 Sanitation.

12.15.160 Exemptions.

12.15.170 Violation – Penalty.

12.15.010 Purpose and intent.

A. The purpose of this chapter is to provide reasonable supervision of any movement of persons or vehicles within the limits of the city by way of runs, parades, street dances, and special events, for the protection of persons and property.

B. The intent of this chapter is to allow community-based organizations to sponsor special events on public thoroughfares, and in parks, and to provide guidelines that protect the public’s health, safety and welfare. (Ord. 1621 § 1, 2004).

12.15.020 Definitions.

“Car show” means any organized function of 10 or more vehicles held on a public street, sidewalk, publicly owned parking lot, or city park.

“Parade” means any march or procession consisting of people, animals, bicycles, vehicles, or a combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with normal and usual traffic regulations or controls.

“Run” means an organized procession consisting of people, bicycles, or other vehicular devices or combination thereof containing 10 or more persons upon a public street or sidewalk.

“Special event” means any parade, run, street dance, or a public gathering of 100 people or more.

“Street” or “streets” means any public roadway, sidewalk, or portions thereof in the city of Milton dedicated to public use.

“Street dance” means any organized dance of three or more couples on any public street, public sidewalk, publicly owned parking lot, or city park. (Ord. 1621 § 1, 2004).

12.15.030 Permit – Required.

No person shall engage in, participate in, aid, form or start any special event unless a permit has been obtained from the city clerk. (Ord. 1621 § 1, 2004).

12.15.040 Permit – Application – Fee.

There shall be paid by the sponsor(s) at the time of application a nonrefundable fee of $25.00 for each special event. Additional fees may apply. Reference the administrative fee schedule. (Ord. 1621 § 1, 2004).

12.15.050 Permit – Application – Contents.

Applications for a special events permit shall state:

A. Name and address of applicant;

B. Date and time of event;

C. Name of sponsoring organization;

D. Probable number of participants;

E. Route(s), to include starting point and termination, if applicable to the event;

F. Required access to public rights-of-way;

G. Location of assembly areas;

H. Copy of liability insurance coverage;

I. Security and traffic control provisions, if applicable;

J. Emergency medical provisions; and

K. Clean-up and waste removal plan. (Ord. 1621 § 1, 2004).

12.15.060 Permit – Application – Filing period.

An application for a special events permit shall be filed with the city clerk not less than 30 days nor more than 365 days before the date on which the event will occur; provided, however, that nothing herein shall be construed to restrict constitutionally protected speech. The clerk shall notify the applicant of approval or disapproval no later than 10 days following the date of the application. (Ord. 1621 § 1, 2004).

12.15.070 Notification.

The applicant is required to notify the property owners and/or businesses located in the vicinity of the event, verbally or in writing, and no less than 10 days from the date of the event, the date, time and general purpose of said event. The city clerk shall have the authority to determine the parameters and extent of the notification. (Ord. 1621 § 1, 2004).

12.15.080 Bond required.

The city clerk shall set an amount for a cash deposit or surety bond as a guarantee that the expenses of cleaning up, traffic control and/or temporary electrical services, if necessary, will be paid by the sponsoring organization. The amount shall not be less than $25.00 nor more than $500.00. The clerk shall determine the bond amount by such factors as type of event, projected number of participants and spectators, and the sponsor’s experience. (Ord. 1621 § 1, 2004).

12.15.090 Insurance required.

The applicant shall show proof of liability insurance with a combined single limit of $500,000 for each incident. The city’s risk manager may require the permittee to obtain additional insurance coverage. The city shall not be deemed to have assessed the risks that may be applicable to the event. Permittee shall be responsible for assessing the risks of the event and obtaining additional insurance coverage if appropriate and prudent. A specimen copy shall be filed with the application and shall name the city of Milton as an additional named insured. (Ord. 1621 § 1, 2004).

12.15.100 Hold harmless – Limitation of liability.

A. Upon application for a special commercial event permit, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify, defend, and hold harmless the city, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city’s sole negligence.

B. This chapter shall not be construed as imposing upon the city or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. The city and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of the right-of-way. This chapter shall not create any duty owed by the city as to any specific person, party or class. Any duty nevertheless deemed to exist or arise in connection with the city’s permitting function shall be deemed exclusively a duty to the general public as a whole and not to any specific person, party or class. (Ord. 1621 § 1, 2004).

12.15.110 Permit – Issuance standards.

The city clerk shall issue a special events permit unless she/he finds one or more of the following:

A. The time, route, and size will unreasonably disrupt the movement of other traffic contiguous to the route;

B. The event will interfere with access to fire stations and fire hydrants;

C. The location of the event will cause undue hardship to adjacent businesses or residents;

D. The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city;

E. The applicant failed to remit all customary and reasonable fees, insurance documents, or bonds, or the application contains incomplete or false information; or

F. The event exceeds three consecutive days of occurrence. (Ord. 1621 § 1, 2004).

12.15.120 Appeal procedure.

Upon denial of a permit by the city clerk, an applicant may appeal to the city council by filing a written notice of appeal for a hearing by the city council at its next regularly scheduled meeting. Upon such appeal, the city council may reverse, affirm, or modify the city clerk’s determination. (Ord. 1621 § 1, 2004).

12.15.130 Permit – Revocation.

In addition to the reasons specified elsewhere in this chapter, any permit issued under this chapter may be revoked by the city clerk at any time for reasons of disaster, public calamity, riot or other emergency or exigent circumstances, or when the city clerk determines that the safety of the public or property requires such immediate revocation. The city clerk may also revoke any permit issued pursuant to this chapter if the permit has been issued based upon false information or when the permit holder exceeds the scope of the permit or fails to comply with any condition of the permit. The clerk shall notify the permittee of the revocation, in writing, no later than 15 days prior to the event, or as soon as possible. (Ord. 1621 § 1, 2004).

12.15.140 Traffic control.

The Milton police department may require any reasonable and necessary traffic control. If such traffic control cannot be handled by the sponsor and shall require the deployment of additional police personnel, the permittee shall be responsible for the expense. The city clerk will notify the applicant(s) of the projected expense and collect this amount before a permit is issued. (Ord. 1621 § 1, 2004).

12.15.150 Sanitation.

A special event permit may be issued only after adequate waste disposal facilities have been identified and obtained by permittee as agreed to by the public works director. Within 24 hours of the conclusion of the event, permittee will clean the event site and the right-of-way of rubbish and debris, returning it to its pre-event condition. If the permittee fails to clean up such refuse, such clean-up shall be arranged by the city and the costs charged to the permittee. (Ord. 1621 § 1, 2004).

12.15.160 Exemptions.

The city of Milton, and any such authorized sponsors working in conjunction with the city of Milton to sponsor a special event, are specifically exempt from the provisions and permit requirements herein and as specifically set forth:

A. Noise. Amplified and unamplified sounds originating from officially sanctioned parades, picnics, car shows, dances, concerts, and other city-sponsored or city-approved public events are exempt from the prohibitions of Chapter 9.37 MMC.

B. Animals. Officially sanctioned parades, picnics, car shows, dances, concerts and other city-sponsored or city-approved public events are exempt from the prohibitions of MMC 12.16.130, Riding horses prohibited.

C. Motorized Vehicles. Officially sanctioned car shows or other city-sponsored or city-approved public events are exempt from the prohibitions of MMC 12.16.120, Motor vehicle speed limit – Standing and parking prohibited. (Ord. 1621 § 1, 2004).

12.15.170 Violation – Penalty.

Violations of any portion of this chapter is considered an infraction and subject to a penalty of $500.00. (Ord. 1621 § 1, 2004).

Chapter 12.16
PARK REGULATIONS

Sections:

12.16.010 Sign posting prohibited – Exception.

12.16.020 Defacing park property prohibited.

12.16.030 Allowing animals at large prohibited.

12.16.040 Discharging fireworks, firearms or slingshots prohibited.

12.16.050 Annoying or killing creatures prohibited – Feeding fowl prohibited.

12.16.060 Soliciting and other occupations prohibited – Sound amplification prohibited.

12.16.070 Permit required for traveling exhibitions.

12.16.080 Concession contract required for sales.

12.16.090 Permit required for assemblies and literature distribution.

12.16.100 Boating outside designated places prohibited.

12.16.110 Riding vehicles outside drives prohibited.

12.16.120 Motor vehicle speed limit – Standing and parking prohibited.

12.16.130 Riding horses prohibited.

12.16.140 Camping outside designated areas prohibited.

12.16.150 Depositing refuse prohibited.

12.16.160 Building fires outside designated areas prohibited.

12.16.165 Hours.

12.16.170 Reserving areas – Required conditions.

12.16.180 Use permission applications.

12.16.190 Violation – Penalty.

12.16.010 Sign posting prohibited – Exception.

It is unlawful for any person, firm or corporation to construct, place, erect, or utilize any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising within any park within the city, or on the public right-of-way abutting thereon, or to attach any notice, bill, poster, sign, wire, road or cord to any tree, shrub, railing, post or structure within any park within the city or on the public right-of-way abutting thereon; provided, that the clerk may permit the erection of temporary directional signs of decorations on occasion of public celebration or picnics. (Ord. 759 § 1, 1978).

12.16.020 Defacing park property prohibited.

It is unlawful for any person, firm or corporation to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant of any kind, flower, lighting system or sprinkling system or any other property within any park within the city. (Ord. 759 § 2, 1978).

12.16.030 Allowing animals at large prohibited.

It is unlawful for any person, firm or corporation to allow or permit any animals to run at large in any park, or enter any lake, pond, fountain, or stream therein. (Ord. 759 § 3, 1978).

12.16.040 Discharging fireworks, firearms or slingshots prohibited.

It is unlawful for any person, firm or corporation to shoot, fire, explode or to allow any person to shoot, fire, or explode any fireworks, firecrackers, torpedo or explosive of any kind except when sanctioned by the park board and controlled by the fire department; or to carry any firearm or to shoot or fire any firearm or allow any person to shoot or fire any firearm, airgun, bows and arrows or BB gun, or to carry or to use any slingshot in any park within the city; provided, that the restriction herein regarding shooting, carrying or firing any firearm shall not apply to a lawful peace officer. (Ord. 759 § 4, 1978).

12.16.050 Annoying or killing creatures prohibited – Feeding fowl prohibited.

It is unlawful for any person, firm or corporation to tease, annoy, disturb, molest, catch, injure or kill, to throw any stone or missile of any kind at or strike with any stick or weapon any animal, fowl or fish within the park, or to feed any fowl within the parks within the city, except in areas specifically designated by the city. (Ord. 759 § 5, 1978).

12.16.060 Soliciting and other occupations prohibited – Sound amplification prohibited.

It is unlawful for any person, firm, or corporation to take up collections, or to act as or play the vocation of solicitor, agent, peddler, faker, mendicant, beggar, strolling musician, organ grinder, exhorter, barker, showman or bootblack, or to operate or use any loudspeaker or mechanical means of amplifying sound in any park without a written permit from the clerk, with the approval of the park board. (Ord. 759 § 6, 1978).

12.16.070 Permit required for traveling exhibitions.

It is unlawful for any person, firm, or corporation to hold, operate or conduct a circus, carnival, or traveling exhibition in any park unless such activities have obtained a permit from the clerk and with approval of the park board. (Ord. 759 § 7, 1978).

12.16.080 Concession contract required for sales.

It is unlawful for any person, firm, or corporation to sell refreshments or merchandise of any kind without the written permission of or a concession contract with the city and with approval of the park board. (Ord. 759 § 8, 1978).

12.16.090 Permit required for assemblies and literature distribution.

It is unlawful for any person, firm or corporation to hold, or participate in, any religious or political meeting or other assembly, or to distribute literature in any park within the city, without first obtaining the written permission from the clerk and approval of the park board. (Ord. 759 § 9, 1978).

12.16.100 Boating outside designated places prohibited.

It is unlawful for any person, firm or corporation to have, keep or operate any boat, float, raft or other watercraft in or upon any waters within the limits of any park, except at places specifically designated by the city. (Ord. 759 § 10, 1978).

12.16.110 Riding vehicles outside drives prohibited.

It is unlawful for any person, firm or corporation to ride or operate any bicycle, tricycle, motorcycle or motor vehicle over or through any park within the city, except along and upon designated park drives or park boulevards specifically designated for operation of such vehicles. (Ord. 759 § 11, 1978).

12.16.120 Motor vehicle speed limit – Standing and parking prohibited.

It is unlawful for any person, firm or corporation to operate any motor vehicle in excess of 15 miles per hour within the parks, and it is unlawful to stand or park any motor vehicle within the parks in the city. (Ord. 759 § 12, 1978).

12.16.130 Riding horses prohibited.

It is unlawful for any person, firm or corporation to ride or operate a horse in any area of the parks within the city. (Ord. 759 § 13, 1978).

12.16.140 Camping outside designated areas prohibited.

It is unlawful for any person, firm or corporation to camp in any park, except at designated areas established by the park board for camping purposes. (Ord. 759 § 14, 1978).

12.16.150 Depositing refuse prohibited.

It is unlawful for any person, firm or corporation to litter or to throw any glass, crockery, nails, shrubbery, trimmings, junk or other refuse matters in other than designated receptacles. (Ord. 759 § 15, 1978).

12.16.160 Building fires outside designated areas prohibited.

It is unlawful for any person, firm or corporation to build any fires in the parks within the city except in designated areas as established by the park board and with the approval of the fire department. (Ord. 759 § 16, 1978).

12.16.165 Hours.

A. The parks shall have signs posted at the entrances of the parks stating “This Park is Closed from Dusk to Dawn.” Exempt from the dusk to dawn closures shall be any park or facility within a park that is fully lighted, in which case such park or facility within a park may be used until the lights are turned off, but no later than 10:00 p.m.

B. Any person or persons found to be in any park during the period of dusk to dawn shall be subject to the penalty as set forth in MMC 12.16.190, except if that person or persons is playing tennis on a lighted tennis court. (Ord. 1654 § 1, 2005; Ord. 866 §§ 1, 2, 1981; Ord. 759 § 17A, 1978).

12.16.170 Reserving areas – Required conditions.

Any person, firm or corporation may reserve designated areas of the park provided the following conditions are met:

A. Continuous scheduling of dates for one applicant shall not be permitted.

B. The applicant may not charge admission for any activities.

C. The clerk plus one member of the park board may reject any application if, in their judgement, the anticipated use would not comply with the intent of this chapter. (Ord. 759 § 18, 1978).

12.16.180 Use permission applications.

Where the provisions of this chapter pro-vide for use permission by the clerk, any person, firm or corporation desiring use permission under this chapter shall make application to the clerk. The clerk shall provide use permit application forms. The clerk plus at least one member of the park board shall review all applications and grant or deny same within five days. The clerk shall deny use permits if the intended use is not compatible with the public use of the park and/or is not conducive to the public health, safety or welfare. (Ord. 759 § 20, 1978).

12.16.190 Violation – Penalty.

Any person violating any provision of this chapter shall constitute a misdemeanor and, on conviction thereof, shall be punishable as set forth in Chapter 1.08. (Ord. 840 § 2, 1980; Ord. 759 § 19, 1978).

Chapter 12.18
CITY BALLFIELDS

Sections:

12.18.010 Reserving fields – Required conditions.

12.18.020 Use permission applications.

12.18.030 Appeal process.

12.18.010 Reserving fields – Required conditions.

Any civic or nonprofit organization may reserve designated ballfields provided the following conditions are met:

A. Applicants desiring use of ballfields under this chapter shall make application to the city clerk showing the specific dates and times of requested use and designate specific field.

B. Continuous scheduling of dates for one applicant shall be permitted upon availability of dates requested and on a first-come, first-serve basis with priority being given to local youth groups.

C. Upon approval of application the applicant shall provide proof of insurance naming the city as an additional insured.

D. The applicant may not charge admission for any activities without prior approval of the city.

E. The applicant shall notify the clerk at least five days in advance of canceled use of any scheduled date. (Ord. 1508 § 1, 2002).

12.18.020 Use permission applications.

A. The clerk shall review all applications and grant or deny same within five days.

B. The clerk shall deny use permits if the intended use is not compatible with the public use of the ballfields and/or is not conducive to the public health, safety or welfare.

C. The clerk may terminate or limit future usage of the ballfields if the applicant fails to provide notification of any canceled usage or violates any rules or regulations associated with the use of the ballfields. (Ord. 1508 § 1, 2002).

12.18.030 Appeal process.

Any applicant may, within 10 days after receipt of such notice of denial, suspension or revocation, appeal to the mayor by filing a written notice of appeal setting forth the grounds therefor. The mayor will review the appeal and respond back to the applicant within five working days. (Ord. 1508 § 1, 2002).

Chapter 12.20
RIGHT-OF-WAY CLEANUP

Sections:

12.20.010 Cleanup required.

12.20.020 Failure to perform work.

12.20.030 Overhanging or obstructing vegetation or debris – Notice – Charge and lien where city takes corrective action.

12.20.010 Cleanup required.

All site developers, contractors and utility companies or others operating within the city shall maintain and clean all debris and surplus material from the public right-of-way during construction. Upon completion of the project the developers, contractors, companies or others shall clean all such debris from the street and shall restore the ground to its original or better condition than when construction began. (Ord. 924 § 1, 1983).

12.20.020 Failure to perform work.

A. Upon the failure of the developers, contractors, utility companies or others to clean up as required, a notice of the failure shall be issued by the clerk.

B. In the event the public right-of-way has not been so cleared and restored within a maximum time of two days from the date of the issuance of the notice, the city shall proceed to do the necessary work and the developer, contractor, utility company or others failing to clean up as required shall be billed for the cleanup and restoration expense. The bill shall include labor, equipment, materials, and/or other expenses involved.

C. Failure to pay the bill will affect future approval of the developer, contractor, utility company, or others to do work in the city. (Ord. 924 § 2, 1983).

12.20.030 Overhanging or obstructing vegetation or debris – Notice – Charge and lien where city takes corrective action.

A. Determination of Condition Requiring Correction. Upon council referral or upon his/her owner initiative, the public works director or designee shall have the authority to document in writing and refer to the city council for council action the following conditions:

1. Any condition where trees, plants, shrubs or vegetation or parts thereof which overhang any public right-of-way, street or sidewalk, or which are growing thereon in such a manner as to obstruct or impair the free and full use of the right-of-way, street or sidewalk by the public, including the reasonable use of such areas unimpaired by obstruction to vision where the obstruction is in violation of the provisions of any state, federal or local law or regulation.

2. Any condition where the right-of-way, street or sidewalk has upon it grass, weeds, shrubs, bushes, hedges, trees or vegetation, growing or dead, which are a fire hazard or menace to public health, safety, or welfare.

3. The public works director/designee shall document the condition requiring correction in a report to the city council which report shall include a description of the condition(s) with optional photographic or diagrammatic depiction; a conclusion as to the effect of the condition(s) on the free and unobstructed use of the right-of-way, street or sidewalk; the specific recommended remedial action for the property owner to take; and the name(s) and address(es) of the affected property owners.

B. Council Action. Upon receipt of the report and recommendation from the public works director/designee, the city council shall determine whether or not to initiate notice and enforcement action. If the council elects to consider enforcement action, it shall first give notice to the affected property owner(s) that it will consider adoption of a resolution authorizing the public works director/designee to initiate the enforcement actions specified in the director’s/designee’s report at a specific meeting, the date of which shall be not less than five days from notice to the owner(s). Notice shall be considered completed as follows: the date the owner is personally served; or eight days after mailing notice to any owner whose last known residential address is in the state of Washington; or 10 days after mailing notice to any owner whose last known address is outside the state of Washington. Notice by mail shall be by certified or registered mail. The owner’s last known address shall be the address listed with the county assessor’s office unless the owner has provided a different current address to the city or the city has independent knowledge of a different current address for the owner.

C. The notice provisions set forth above at subsection B shall include a provision informing the owner(s) that if the condition is not corrected, as required by a date specified, which date shall be no less than 15 days from the date of the notice of in-state owners and no less than 20 days for out-of-state owners, that the city, through the public works director/designee, may elect, without further notice to the owner, to correct the condition with the option of charging the owner for the reasonable costs and expenses incurred by the city. Reasonable costs and expenses shall include the costs of any of the city’s labor and materials, including overhead. If the city elects to obtain a survey of the right-of-way area, all or part of the costs of said survey may be charged to the owner; provided, that the conditions requiring remediation are determined to be on or over the right-of-way, including any visual obstruction of the right-of-way. The total of said costs and expenses shall become a charge against the owner of the property and may be secured by a lien against the property. Where title to the property is held by more than one owner, the city may, in its discretion, elect to seek correction and cost recovery from all or any of the title owners.

D. Notice of the lien provided for herein shall conform substantially and as relevant to the lien notice and filing provision of Chapter 60.04 RCW including RCW 60.04.031, 60.04.051 and 60.04.061. (Ord. 1282 § 1, 1995).

Chapter 12.24
STREET REQUIREMENTS

Sections:

12.24.010 Purpose and application.

12.24.020 Reserved.

12.24.030 Streets – Required widths.

12.24.040 Streets – Additional right-of-way dedication required when.

12.24.050 Reserved.

12.24.060 Reserved.

12.24.070 Streets – Horizontal curves.

12.24.080 Streets – Vertical curves.

12.24.090 Streets – Reverse curve tangents.

12.24.100 Streets – Minimum centerline offsets.

12.24.110 Cul-de-sacs.

12.24.120 Streets – Private streets.

12.24.130 Streets – Names.

12.24.140 Alleys.

12.24.150 Blocks.

12.24.160 Street improvement requirements.

12.24.165 Frontage improvements in developed areas.

12.24.170 Reserved.

12.24.180 Standards and specifications.

12.24.010 Purpose and application.

The purpose of this chapter is to specify the design requirements for streets in the city of Milton. Nothing in this chapter shall be construed as limiting the authority of the city to impose additional traffic mitigation under other applicable law, including but not limited to the Washington State Environmental Policy Act, Chapter 43.21C RCW. It is the policy of the city to require development to mitigate its impacts to the fullest extent allowed by the law, including but not limited to off-site traffic mitigation. Nothing in this chapter shall be applied in a manner that violates the constitutional rights of a property owner. The public works director is authorized to waive any requirements in this chapter to the minimum extent necessary to protect those rights. The public works director is authorized to commission a traffic study, at the expense of the applicant, to determine if any infrastructure required of any developer by this chapter satisfies constitutional requirements. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.020 Reserved.

(Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.030 Streets – Required widths.

The minimum width of right-of-way, measured from lot line to lot line, shall be not less than as follows:

A. Principal arterial streets shall have a right-of-way width of not less than 65 feet.

B. Minor and collector arterial streets, not designated as bicycle routes in the city’s comprehensive plan, shall have a right-of-way width of not less than 52 feet.

C. Minor and collector arterial streets designated as planned bicycle routes in the city’s comprehensive plan shall have a right-of-way width of not less than 57 feet.

D. Local access streets shall have a right-of-way width of not less than 47 feet.

E. Minor access streets shall be 30 feet wide. Minor access streets are streets which are necessary to allow access to properties where additional right-of-way cannot be obtained or which serve property by and through an easement where additional property cannot be obtained.

F. Alleys shall be 20 feet wide. Alleys are minor public ways used primarily for a service access to the back or side of properties otherwise abutting on a street.

G. The required right-of-way width for any required right-of-way dedication shall be determined by the public works director.

H. In cases where topography or other physical conditions make a street of the required minimum width impracticable, the public works director or city engineer may modify the requirements of this section. Through proposed business areas, the required right-of-way widths shall be increased at least 10 feet on each side, if needed to provide parking without interference of normal passing traffic. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.040 Streets – Additional right-of-way dedication required when.

A. Subdivisions, plats, short subdivisions or site plans that adjoin existing streets shall dedicate additional right-of-way to meet the minimum street width requirements of MMC 12.24.030. A property owner shall also dedicate adjoining right-of-way to meet minimum street width requirements prior to the issuance of a building permit for the construction, repair or alteration of any structure that does not qualify as a single-family home. Dedication shall only be required to the extent generally necessary to mitigate traffic generated by the proposed land use activity.

B. The entire right-of-way shall be provided when any part of the subdivision, plat, site plan, short subdivision or other development activity identified in this section is on both sides of the existing street.

C. When the subdivision, plat, site plan, short subdivision or other development activity identified in this section is located on only one side of an existing street, one-half of the required right-of-way, measured from the centerline of the existing roadway, shall be provided. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.050 Reserved.

(Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.060 Reserved.

(Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.070 Streets – Horizontal curves.

Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On arterial streets, the centerline radius of curvature shall be not less than 300 feet; on other streets, not less than 100 feet, unless specified otherwise by the public works director or the city engineer. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.080 Streets – Vertical curves.

A. All changes in grade shall be connected by vertical curves of a minimum length of 50 feet unless specified otherwise by the public works director or the city engineer.

B. Profiles of all streets showing natural and finished grades shall be drawn to a scale of not less than one inch equals 100 feet horizontal and one inch equals 20 feet vertical, when required by the public works director or the city engineer. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.090 Streets – Reverse curve tangents.

A tangent of at least 100 feet in length shall be introduced between reverse curves on arterial streets. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.100 Streets – Minimum centerline offsets.

Street jogs with centerline offsets of less than 125 feet shall not be allowed. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.110 Cul-de-sacs.

A. Cul-de-sacs shall have an outside roadway diameter of at least 80 feet and a street right-of-way diameter of at least 100 feet.

B. Where, in the opinion of the public works director or the city engineer, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. Such dead-end streets shall be provided with a temporary turnaround having a right-of-way diameter of at least 80 feet. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.120 Streets – Private streets.

Private streets shall be streets that cannot ever be extended. All private streets shall adhere to the requirements within this chapter. The rights-of-way of private streets shall not be included as part of a lot in determining the applicable bulk and dimensional regulations set forth in Chapter 17.15 MMC. The city shall receive full easement rights over, under, across and through said street for fire, aid, police, and utilities. The city shall regularly inspect the streets to make certain they are kept properly maintained. If a homeowners’ association is formed and will be responsible for the maintenance of the private street, a copy of the covenant will be filed with the city. (Ord. 1658 § 1, 2006; Ord. 1355 § 1, 1998; Ord. 955 §§ 2, 3, 1984).

12.24.130 Streets – Names.

A. Proposed streets which are obviously in alignment with others already existing and named shall bear the names of the existing streets. Others shall be named in accordance with the city street naming and numbering system.

B. The council shall have the authority to grant a variance to change street names or numbers to maintain harmony in the city and that the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.140 Alleys.

Alleys shall be provided to the rear of all lots used for business purposes and shall not be provided in residential blocks except where the subdivider produces satisfactory evidence of the need for the alleys. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.150 Blocks.

Blocks shall be as the planning commission, public works department or engineers consider necessary to secure efficient use of land or desired features of street pattern. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.160 Street improvement requirements.

A. All newly dedicated streets shall be improved with a permanent street as approved by the public works director. Improvements shall be permanent hard surface, three-inch asphalt concrete pavement with all the proper base course and drainage control as approved by the public works director or city engineer.

B. All streets shall be improved with no less than a 26-foot width of pavement.

C. Minimum pavement width for half-street improvements shall be 24 feet.

D. Street improvements and street frontage improvements shall be required as follows:

1. Curbs, gutters, and sidewalks shall be required for all frontage improvements on arterial streets designated in the city’s comprehensive plan. Frontage improvements shall also be required on the following residential streets: Oak Street, Kent Street from Porter Way to Kent Way, 10th Avenue from Yuma Street to Taylor Street, and 11th Avenue from Taylor Street to Milton Way.

2. Five-foot-wide bike lanes shall be required on all streets designated as bike routes in the city’s comprehensive plan.

3. For full subdivisions, frontage improvements shall be required on both sides of all internal streets, regardless of whether they are public or private streets, and on all existing streets adjacent to the subdivision.

4. For three- and four-lot short plats, frontage improvements shall be constructed on all street frontages adjacent to the short plat, including a lot with an existing house if applicable.

5. Curbs, gutters, and sidewalks shall be required on one side only of an internal street serving a four-lot subdivision.

6. For a two-lot short plat, where a house is located on one lot, curbs, gutters, and sidewalks shall be required on existing street frontages adjacent to the lot to be developed in accordance with the policies for requiring frontage improvements in developed areas. However, no frontage improvements shall be required on the lot which contains the existing house. Where neither lot contains an existing house, frontage improvements shall be required on existing streets adjacent to both lots.

7. If a two-lot short plat is proposed, where one lot is a developed lot with frontage on a public street, and a new “panhandle lot” is created behind the front lot, frontage improvements will be required on the lot fronting the public street in accordance with the policies for requiring frontage improvements in developed areas.

8. For a two-lot short plat, where both lots contain an existing house, no frontage improvements will be required.

9. All development, including single-family home construction, and all short plats, in the MX zone shall construct frontage improvements on all adjacent street frontages.

10. For all commercial, industrial, and multifamily developments, frontage improvements shall be required on all existing streets adjacent to the proposed development.

11. Where the construction of frontage improvements requires the construction or relocation of utilities, the cost of such utility construction or relocation shall be borne by the developer or property owner.

NOTE: Frontage improvements shall mean the construction of cement concrete curbs, gutters, and sidewalks. They may also include landscaping where required by the Milton Municipal Code.

Wherever cement concrete curbs are required, vertical curbs shall be installed. Rolled or wedge curbs shall not be allowed. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.165 Frontage improvements in developed areas.

A. Frontage improvements shall be required to be constructed if:

1. It will result in the installation of at least 150 feet of sidewalk, or where the proposed installation and undeveloped land immediately adjacent to the proposal add up to at least 150 feet (undeveloped land may include a buildable site that is part of a large improved property), or

2. If sidewalk presently exists within 150 feet of the proposed development, within the same block and on the same side of the street.

B. If neither of the above situations exist, the developer or property owner shall have the following choices:

1. Build the required frontage improvements, or

2. Pay a fee, equal to the estimated cost of construction of the frontage improvements, that would go into a fund to construct sidewalks within the city at locations that would be more beneficial to the general public than the small frontage of the proposed development. The public works director shall take notice that RCW 82.02.020 may require the fees to be expended or refunded within five years of collection, and shall manage the fees accordingly. (Ord. 1658 § 1, 2006).

12.24.170 Reserved.

(Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

12.24.180 Standards and specifications.

All roads whether public or private shall be constructed as per the most current edition of the “Standard Specifications for Road and Bridge and Municipal Construction,” as adopted by the Washington State Department of Transportation. (Ord. 1658 § 1, 2006; Ord. 955 §§ 2, 3, 1984).

Chapter 12.28
ADOPT-A-STREET/
ADOPT-A-SITE PROGRAM

Sections:

12.28.010 Established – Purpose.

12.28.010 Established – Purpose.

A. The city of Milton adopt-a-street/adopt-a-site program is hereby created and approved and is on file with the public works department.

B. The purpose of the adopt-a-street/adopt-a-site program is to provide an opportunity for community service by allowing and encouraging citizens to adopt a street/adopt a site for the purpose of litter control and pickup thus fostering both the improved appearance of the city streets and citizen involvement. (Ord. 1487 § 1, 2001; Ord. 1411 §§ 1, 2, 1999).

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Footnotes

¹Prior legislation: Ord. 397.