Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.03 Official Street Map

12.06 Sidewalks

12.09 Street and Construction Standards

12.12 Street Classifications

12.15 Procedure for Assigning Names and Numbers to City Streets

12.18 Street Vacations

12.21 State Highway Access Management Classification System

12.24 Road Standards, Subdivisions, Land Use and Health and Safety Regulations During Transition

12.27 Dedication of Private Streets

12.30 Public Utility and Telecommunications Right-of-Way Use

12.40 Street Debris Removal

12.50 Public Facilities Rules and Regulations

Chapter 12.03
OFFICIAL STREET MAP

Sections:

12.03.010 Official street map adopted.

12.03.020 Effect of official street map.

12.03.030 Changes to official street map.

12.03.050 Flexibility in Downtown Street and Pathway Design Standards.

12.03.010 Official street map adopted.

(1) That certain collection of maps which is on file at City Hall entitled “Official Street Map of Woodinville” is adopted by this reference as if set forth in full.

Changes to the official street map shall be by ordinance, attested to by the Mayor and the City Clerk on the affected map. Dedications may be entered on the map without an ordinance after the City Council has accepted the dedication. In the event a prior map or plan is in conflict with the one adopted subsequent in time, the most recent shall prevail.

(2) The following streets shown on the official street map are established at the following widths:

(a) 133rd Avenue Northeast, 68 feet;

(b) 185th Street, 60 feet;

(c) Northeast 178th Street, 68 feet;

(d) 142nd Avenue Northeast, 60 feet;

(e) Northeast 181st Place, 60 feet;

(f) Northeast 172nd Place, 72 feet;

(g) 136th Avenue Northeast, 72 feet;

(h) Northeast 183rd Street, 72 feet;

(i) 138th Avenue Northeast, 68 feet.

(3) The “Official Street Map”, established by subsection (1) of this section is hereby amended for the streets shown on the map labeled “Exhibit A” which is on file at City Hall and attached to Ordinance 147, is adopted by this reference as if set forth in full.

(4) The legal description for the streets shown in Exhibit A to Ordinance 147 that amend the official street map are as follows:

(a) 133rd Avenue Northeast along the course and description set forth as follows:

Beginning at a point on the centerline of Northeast 171st Street, said point being S 17°05’17” E a distance of 1453.52 feet from the West 1/4 corner of Section 10, Township 26 North, Range 5 East, W.M.: thence N 1°34’08” E, a distance of 634.15 feet to a terminus on the centerline of Northeast 172nd Place, said terminus being S 30°28’15” E a distance of 876.49 feet from the said West 1/4 corner.

(b) Northeast 178th Street from 140th Avenue Northeast to the Woodinville-Snohomish Road along the following courses and descriptions set forth as follows:

Commencing at a four-inch by four-inch concrete monument with a one-half-inch brass plug at the north one-quarter corner of Section 10, Township 26 North, Range 5 East, W.M.; thence along the north-south centerline of said section, said centerline being defined as the line between said monument and a three-inch brass disc on a two-inch iron pipe at the south one-quarter corner of said section, S 00°05’47” E 1,910.15 feet to the true point of beginning of this centerline description, said true point of beginning being on the centerline of 140th Avenue Northeast;
Thence N 80°05’47” W 52.13 feet to the beginning of a tangent curve concave to the northeast having a radius of 400.00 feet;
Thence northwesterly along said curve 204.66 feet through a central angle of 29°18’53” to the beginning of a compound curve concave to the northeast having a radius of 800.00 feet;
Thence northwesterly along said curve 78.96 feet through a central angle of 05°39’19”;
Thence N 45°07’36” E 205.30 feet;
Thence N 38°01’31” W 495.80 feet to the beginning of a tangent curve, concave to the northeast, having a radius of 400.00 feet;
Thence northwesterly along said curve 52.95 feet through a central angle of 7°35’06” to the beginning of a reverse curve concave to the northwest, having a radius of 400.00 feet;
Thence northwesterly along said curve 79.44 feet through a central angle of 11°22’46”;
Thence N 41°49’11” W 63.95 feet to a point on the centerline of a 60.00-foot-wide right-of-way, as shown on the plat of Woodinville Gardens as recorded in volume 21 of plats on page 3 records of King County, Washington, said point being the terminus of this centerline description, said terminus being S 38°44’02” W 1,375.94 feet from said north one-quarter corner.
Situate in the City of Woodinville, County of King, State of Washington.

(c) 138th Avenue Northeast from Northeast 178th Street to Northeast 175th Street along the following courses and descriptions set forth as follows:

Commencing at a four-inch by four-inch concrete monument with a one-half-inch brass plug at the north one-quarter corner of Section 10, Township 26 North, Range 5 East, W.M.; thence along the north-south centerline of said section, said centerline being defined as the line between said monument and a three-inch brass disc on a two-inch iron pipe at the south one-quarter corner of said section, S 00°05’47” E 1910.15 feet to a point on the centerline of 140th Avenue Northeast;
Thence leaving said centerline N 80°05’47” W 52.13 feet to the beginning of a tangent curve concave to the northeast having a radius of 400.00 feet;
Thence northwesterly along said curve 204.66 feet through a central angle of 29°18’53” to the beginning of a compound curve concave to the northeast having a radius of 800.00 feet;
Thence northwesterly along said curve 78.96 feet through a central angle of 5°39’19”;
Thence N 45°07’36” E 205.30 feet to the true point of beginning of this centerline description;
Thence S 51°58’29” W 102.08 feet to the beginning of a tangent curve, concave to the east, having a radius of 400.00 feet;
Thence southerly along said curve 510.25 feet through a central angle of 73°05’17” to the beginning of a reverse curve, concave to the west, having a radius of 700.00 feet;
Thence southerly along said curve 254.90 feet through a central angle of 20°51’49”;
Thence S 00°14’59” E 243.39 feet to the centerline of northeast 175th Street and the terminus of this centerline description, said terminus being S 12°44’20” W 2,700.35 feet from said north one-quarter corner.
Situate in the City of Woodinville, County of King, State of Washington.

(5) Contingent Removal of 136th Avenue from the Official Street Map.

(a) Contingent upon the receipt and recording of a voluntary agreement, that is acceptable to the City, between any such portion of owners of property and contract purchasers of property (as depicted within the Special Study Area on Exhibit A to Ordinance 147) and their successors in interest which provides a continuous corridor between NE 175th Street and the Woodinville-Snohomish Road and which provides for establishing reciprocal access easements as the property owners’ properties develop, WMC 12.03.010(2)(g) shall read as follows:

(g) Reserved;

and further, the “Official Street Map” established by WMC 12.03.010(1) shall be amended to remove 136th Avenue Northeast between Northeast 175th Street and the Woodinville-Snohomish Road.

(b) The City still desires to establish a street connecting Northeast 175th Street and the Woodinville-Snohomish Road in the general location of 135th or 136th Avenues Northeast, with a strong preference for completing the intersection of 135th Avenue Northeast and Northeast 175th Street. Subject to subsection (5)(a) of this section, the City does not establish a specific alignment for 135th or 136th Avenues Northeast on the official street map. However, prior to any building or other development permit being issued to an owner of property within the Special Study Area, as depicted on Exhibit A of Ordinance 147, the City shall consider the need for a street in the 135th Avenue or the 136th Avenue corridor. The City may require building setbacks to accommodate such street and may require dedications and/or street improvements for such street. At such time as such a street is established, any reciprocal easement, inconsistent or in conflict with such street, may be extinguished or modified.

(c) In the event that an agreement acceptable to the City as referenced in subsection (5)(a) of this section is not received by October 1, 1996, this subsection (5)(a) of this section in its entirety shall automatically become repealed. (Ord. 147 §§ 2 – 5, 1996; Ord. 33 § 1, 1993)

12.03.020 Effect of official street map.

(1) Property Fronting on Street. No permit for a building or other structure requiring a building permit in accordance with the Uniform Building Code, or any underground fuel storage facility shall be issued or allowed to be built within an existing or proposed right-of-way shown on the official street map. Required setbacks in yard or other open space requirement shall be measured from the existing or proposed right-of-way as shown on the official street map.

No site development permit shall be issued or development approved within an existing or proposed right-of-way without the property owner obtaining a right-of-way use permit or entering into an agreement with the City. The agreement may provide for temporary private improvements to the existing or proposed rights-of-way by the property owner. Within terms of said agreement, or when determined by the City for a right-of-way use permit, any improvements that have been installed as permitted by the City, within the existing or proposed rights-of-way, shall be removed by the property owner at their expense. At such time when it has been determined by the City that the existing or proposed right-of-way is needed, said property owner shall, at their expense, modify their access to the right-of-way to conform to the City’s then current standards.

(2) Property Not on Street. No building or other development permit shall be issued to owners of property not fronting on an improved street shown on the official street map unless the property fronts on an access easement approved by the City through the subdivision process.

(3) Dedication and Construction of Improvements. Applicants for a subdivision, a building permit, or other form of development which may generate transportation system impacts shall perform a Transportation Impact Analysis in accordance with the City’s adopted Transportation Impact Analysis Guidelines. Impacts identified by the Transportation Impact Analysis shall be mitigated by the dedication of rights-of-way to the City, and/or construction of required street/highway and/or pedestrian/bicycle path improvements including mitigation for impacted State highways. Such dedication of rights-of-way and construction of improvements shall be required if the City determines that the dedication and improvements are related to the proposed development. The Transportation Impact Analysis identified impacts shall be in addition to other mitigation measures which may be required as a result of the SEPA process, or other City review procedures. Nothing herewith prohibits or excludes other properties or the City from participating, by means determined appropriate by the City, with the applicant in the expense of rights-of-way dedication or construction of improvements. (Ord. 147 §§ 6, 7, 1996; Ord. 33 § 2, 1993)

12.03.030 Changes to official street map.

(1) The City Manager or designee is authorized to make adjustments to the Official Street Map to reflect minor roadway alignments or to allow substitution of sidewalks and landscaping on private property. Such adjustments shall be reflected on the Official Street Map.

(2) Other than as set forth above, changes to the official street map shall be reviewed by the Planning Commission and approved by the City Council. (Ord. 33 § 3, 1993)

12.03.050 Flexibility in Downtown Street and Pathway Design Standards.

Only those streets described in WMC 12.03.010 (4) are subject to the following:

In order to provide flexibility in the capacity and use of streets and pathways shown on Exhibit A of Ordinance 147, certain design standards are hereby adopted. All dedicated public rights-of-way and public improvements shall conform to the “Downtown Street and Pathway Design Standards” as shown within “Exhibit B” attached to Ordinance 147, and are adopted by this reference as if set forth in full except as limited by WMC 12.03.020(3). The Downtown Street and Pathway Design Standards are in addition to the City’s other adopted design standards as they may be amended hereafter. In the event that a conflict occurs between the City’s adopted design standards as they may be amended hereafter, and the Downtown Street and Pathway Design Standards, the Downtown Street and Pathway Design Standards shall govern. (Ord. 147 § 8, 1996)

Chapter 12.06
SIDEWALKS

Sections:

12.06.010 Definitions.

12.06.020 Abutting property owner to maintain sidewalk in safe condition.

12.06.030 Expense of maintenance and repair to be borne by abutting property and owner thereof.

12.06.040 Procedure to order construction or repair.

12.06.010 Definitions.

Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section:

(1) “Abutting property” includes all property having a frontage upon the margin of any street or other public place.

(2) “Sidewalk” includes any structure or form of street improvement in the space between the street margin and the roadway, known as the sidewalk area. (Ord. 39 § 1, 1993)

12.06.020 Abutting property owner to maintain sidewalk in safe condition.

It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects, including but not limited to ice and snow. (Ord. 39 § 2, 1993)

12.06.030 Expense of maintenance and repair to be borne by abutting property and owner thereof.

The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. In case any injury or damage to any person shall be caused by the defective condition of any sidewalk, or ice or snow thereon, or by the lack of proper guards or railings on or along the property abutting on any public way, the abutting property where the injury or damage occurs and the owner or owners thereof shall be liable to the City for all damage, injuries, costs and disbursements which it may be required to pay to the person injured or damaged. (Ord. 39 § 3, 1993)

12.06.040 Procedure to order construction or repair.

(1) If the judgment of the City Manager, public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street, such fact shall be reported to the City Council.

(2) If upon receiving a report from the proper officer, the City Council deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public health, safety or welfare, the City Council may then order such work to be done pursuant to the procedures established therefor in Chapter 35.68 or 35.70 RCW relating to local improvement districts for sidewalks, curbs and gutters. The cost of such proposed sidewalk construction or sidewalk repair shall be borne by the abutting property or the owners thereof, to the extent deemed reasonable and appropriate by the City Council in accordance with the procedure then to be followed pursuant to Chapter 35.68 or 35.70 RCW. (Ord. 39 § 4, 1993)

Chapter 12.09
STREET AND CONSTRUCTION STANDARDS

Sections:

12.09.010 Standards adopted.

12.09.020 Repealed.

12.09.010 Standards adopted.

The City of Woodinville hereby adopts by reference Exhibit A, entitled “City of Woodinville Public Infrastructure Standards and Specifications, 1998 Edition.” A copy of Exhibit A is attached to the ordinance codified in this section and incorporated by reference as if set forth in full. (Ord. 232 § 1, 1999; Ord. 49 § 1, 1993)

12.09.020 Modifications.

Repealed by Ord. 232. (Ord. 49 § 2, 1993)

Chapter 12.12
STREET CLASSIFICATIONS

Sections:

12.12.010 Principal arterial streets.

12.12.020 Minor arterial streets.

12.12.030 Collector arterial streets.

12.12.040 Local access streets.

12.12.010 Principal arterial streets.

The following streets of the City are designated principal arterial streets:

(1) NE 173rd Place: From Woodinville-Redmond Road (SR 202) to 131st Avenue NE.

(2) NE 175th Street: From 131st Avenue NE to 140th Avenue NE.

(3) Woodinville-Duvall Road: From 140th Avenue NE to the east City limits.

(4) NE 195th Street: From Woodinville-Snohomish Road to NE 190th Street.

(5) NE 190th Street: From NE 195th Street to Woodinville-Duvall Road.

(6) Woodinville-Redmond Road SR 202): From the south City limits to NE 173rd Place.

(7) 131st Avenue NE: From NE 175th Street to SR 522. (Ord. 50 § 1, 1993)

12.12.020 Minor arterial streets.

The following streets of the City are designated minor arterial streets:

(1) NE 195th Street: From 130th Avenue NE to the Woodinville-Snohomish Road.

(2) 148th Ave. NE: From the Woodinville-Redmond Road (SR 202) to 140th Place NE.

(3) 140th Place NE: From 148th Avenue NE to 140th Avenue NE.

(4) 140th Avenue NE: From 140th Place NE to the Woodinville-Snohomish Road.

(5) Woodinville-Snohomish Road: From 140th Avenue NE to the north City limits.

(6) 124th Avenue NE: From the south City limits to NE 173rd Place.

(7) NE 173rd Place: From 124th Avenue NE to the Woodinville-Redmond Road (SR 202).

(8) 131st Avenue NE: From NE 175th Street to NE 171st Street.

(9) NE 171st Street: From 131st Avenue NE to 140th Avenue NE. (Ord. 50 § 2, 1993)

12.12.030 Collector arterial streets.

The following streets of the City are designated collector arterial streets:

(1) 132nd Avenue NE: From SR 522 to 130th Place NE.

(2) 130th Place NE: From 132nd Avenue NE to NE 195th Street.

(3) 130th Avenue NE: From NE 195th Street to the north City limits.

(4) 156th Avenue NE: From the Woodinville-Duvall Road (NE 185th Street) to the north City limits.

(5) 168th Avenue NE: From the Woodinville-Duvall Road (NE 185th Street) to NE 195th Street.

(6) NE 195th Street: From 156th Avenue NE to 168th Avenue NE.

(7) NE 171st Street: From 140th Avenue NE to 146th Place NE.

(8) 146th Place NE: From NE 171st Street to NE 172nd Street.

(9) NE 172nd Street: From 146th Place NE to NE 173rd Street.

(10) NE 173rd Street: From NE 172nd Street to 155th Place NE.

(11) 155th Place NE: From NE 173rd Street to NE 175th Street.

(12) NE 175th Street: From NE 155th Place to NE 172nd Place.

(13) NE 172nd Place: From NE 175th Street to the east City limits.

(14) NE 145th Street: From 148th Avenue NE to the east City limits.

(15) NE 143rd Street: From the West City Limits to 137th Place NE.

(16) 137th Place NE: From NE 143rd Street to NE 145th Street.

(17) NE 145th Street: From 137th Place NE to the Woodinville-Redmond Road (SR 202). (Ord. 50 § 3, 1993)

12.12.040 Local access streets.

All streets and other public rights-of-way not otherwise classified in this chapter shall be deemed to be local access streets. (Ord. 50 § 4, 1993)

Chapter 12.15
PROCEDURE FOR ASSIGNING
NAMES AND NUMBERS TO
CITY STREETS

Sections:

12.15.010 Purpose.

12.15.020 Road designations.

12.15.030 Building addresses.

12.15.040 Uncertainty of road designations or addresses.

12.15.050 Maintenance.

12.15.060 Council redesignation of streets.

12.15.070 Repealed.

12.15.010 Purpose.

The purpose of this chapter is to delegate to the Building Division of the Department of Public Services, hereafter called the Division, the authority to assign road names and numbers, and address the principal entrances of all buildings or other uses in conformance with the grid system established by King County. (Ord. 64 § 1, 1993)

12.15.020 Road designations.

(1) Public or private roads shall be designated within the guidelines of the grid system as determined by the Division. Named roads can only be assigned when the numbered grid is determined infeasible by the Division or by resolution of the City Council. The Division may redesignate existing private roads if such roads are determined to be inconsistent with the surrounding road designation system.

(2) All roads shall carry a geographic suffix or prefix. Roads designated as avenues shall carry a geographic suffix and shall extend in a north-south direction, and roads designated as streets shall carry a geographic prefix and shall extend in an east-west direction. Diagonal roads are treated as being either north-south or east-west roads. Names such as place, way, court, and drive may be used on a road extending in either direction.

(3) Appeals of designations shall first be heard by the City Manager. Subsequent appeal may be made to the City Council. (Ord. 64 § 2, 1993)

12.15.030 Building addresses.

(1) The assignment of addresses for new buildings will occur in conjunction with the issuance of a building permit.

(2) The assignment of addresses shall be based on the following criteria: even numbers shall be used on the northerly side of roads named as east-west and on the easterly side of roads named as north-south. Odd numbers shall be used on the southerly side of roads named as east-west and on the westerly side of roads named as north-south. Addresses shall be assigned whole numbers only.

(3) Should the Division find that any building, structure or premises is not provided with an address, is not correctly addressed, or is not using the assigned address, it shall notify the owner, agent or renter of the correct address. The address number shall be properly placed in accordance with the provisions of this chapter by the effective date shown upon the notice. It shall be unlawful for any owner, agent, or renter to display, advertise or use the wrong address after notification by the Division. (Ord. 64 § 3, 1993)

12.15.040 Uncertainty of road designations or addresses.

Whenever there is doubt or difference of opinion as to the correct road designation or correct address, the road designation or address shall be determined by the Division in accordance with this chapter. (Ord. 64 § 4, 1993)

12.15.050 Maintenance.

(1) The owner, occupant or renter of an addressed building or other structure shall maintain the address in a conspicuous place over or near the principal entrance(s) or in such other conspicuous place as is necessary for visually locating such address.

(2) The address numbers shall be easily legible figures, not less than three inches high if a residential use or individual multi-family unit, nor less than five inches high if a commercial use. Numbers shall contrast with the color of the building or structure upon which they are placed and shall either be illuminated during periods of darkness, or be reflective, so they are easily seen at night. (Ord. 64 § 5, 1993)

12.15.060 Council redesignation of streets.

(1) Notwithstanding provisions in this chapter, the City Council reserves the option of changing street names or changing numbered streets to named streets. Applications to the Council for street renaming shall contain the signatures of the majority of persons having ownership in properties addressed on the street to be renamed. Notice of proposed name changes shall be mailed to all property owners whose addresses would be changed at least 20 days prior to Council action. A change of street names shall be accomplished by the adoption of an ordinance directing such change.

(2) The Council shall consider technical input from the Division, locational and development characteristics relative to the street, and the impact of the change on existing businesses and residences, as well as on emergency vehicle responsiveness, in determining whether the change should be granted. Only entire street lengths or distinct major portions of streets shall be separately renamed by the City. For purposes of this chapter, “distinct major portions” shall mean a separate portion of a street identifiable by either a directional shift of at least 45 degrees or an interrupted interval of at least one quarter mile. (Ord. 64 § 6, 1993)

12.15.070 Enforcement.

Repealed by Ord. 230. (Ord. 64 § 7, 1993)

Chapter 12.18
STREET VACATIONS

Sections:

12.18.010 Definition.

12.18.020 Owners of private property – Sufficient signature determination.

12.18.030 Petition – Right to make.

12.18.040 Petition – Contents – Signature.

12.18.050 Petition – Filing fee.

12.18.060 Petitioner – Hearing – Time fixed.

12.18.070 Petition – Withdrawal prohibited.

12.18.080 Hearing – Posting notice.

12.18.090 Hearing – Decision.

12.18.100 Petitions – Supplemental – Conditions.

12.18.110 Granting – Conditions.

12.18.120 Granting – Portion of petitioned area.

12.18.010 Definition.

The term “owner of an interest in real estate” means the owners of fee title, mortgagors and contract vendees. (Ord. 59 § 1, 1993)

12.18.020 Owners of private property – Sufficient signature determination.

For the purposes of determining the sufficiency of signatures of owners of private property on the petition or consent to vacate, the following rules shall govern:

(1) The signature of an owner, as determined by the records of the County Auditor, shall be sufficient without the signature of his or her spouse.

(2) In the case of mortgaged property, the signature of the mortgagor shall be sufficient.

(3) In the case of property subject to a contract of purchase, the signatures of the contract vendor and vendee shall be required.

(4) In the case of ownership by corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the bylaws of the resolution, certified by the secretary of the corporation, granting such authority.

(5) In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. 59 § 2, 1993)

12.18.030 Petition – Right to make.

The owners of an interest in any real estate abutting upon any street or alley may petition the City Council to vacate the street or alley, or any portion thereof, or the City Council may itself initiate such vacation procedures by resolution. (Ord. 59 § 3, 1993)

12.18.040 Petition – Contents – Signature.

The petition shall describe the street or alley or a portion thereof desired to be vacated and shall be signed by owners of more than two-thirds of the private property abutting upon the part of the street or alley sought to be vacated. (Ord. 59 § 4, 1993)

12.18.050 Petition – Filing fee.

(1) The petition properly signed shall be filed with the City Clerk upon payment of a filing and appraisal fee, which shall be paid into the general fund of the City to aid in defraying of expenses incurred by the City in appraising the property, checking the sufficiency of such petition and investigating or reporting the facts and shall not be returned to the petitioners, regardless of the City Council’s action on such petition. The amount of the fee shall be determined as follows:

(a) One to five separate ownership abutting the proposed vacation, a minimum fee of $500.00;

(b) An additional sum of $25.00 for each additional ownership over five.

(2)  The minimum appraisal fee shall be $500.00.

(3) In the event that the filing and appraisal fee, computed on petitioner’s estimate, proves to be insufficient, as evidenced by the City investigation, the balance of the fee shall be paid by the petitioner before notices of hearing are mailed. (Ord. 59 § 5, 1993)

12.18.060 Petitioner – Hearing – Time fixed.

(1) Petition Method. If signed by the owners of more than two-thirds of the property abutting the portion of the street or alley to be vacated, at a regular Council meeting following the filing of such petition, the Council, by resolution, shall fix 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 passage of such resolution.

(2) Resolution Method. In cases where vacation is initiated by City Council resolution, the resolution shall include the date for a hearing on the vacation. (Ord. 59 § 6, 1993)

12.18.070 Petition – Withdrawal prohibited.

No petitioner may withdraw the petition or consent after the Council has set a time for hearing, although the petitioners may be heard at the public hearing, to present any information which bears upon the public advantage to be served or harmed by the proposed vacation. (Ord. 59 § 7, 1993)

12.18.080 Hearing – Posting notice.

(1) Petition Method. At least 20 days prior to the hearing, the City Clerk shall issue a written notice, which shall be posted as follows:

(a) In three public places in the City; and

(b) On a conspicuous place on a portion of the street or alley to be vacated.

The notice shall contain a statement that a petition requesting vacation has been filed or a resolution passed to vacate the portion described in the notice, along with a statement of the time and place set for the hearing on the matter.

(2) Resolution Method – Additional Notice. In all cases where the proceeding is initiated by City Council resolution, in addition to the above required notice, a similar notice shall be sent by mail at least 15 days before the hearing to each owner of any property abutting upon any part of the portion of the street or alley sought to be vacated. Ownership shall be determined as shown on the rolls of the County Treasurer and directed to the address shown thereon.

(3) Resolution Method – Divestiture of Jurisdiction to Proceed. If 50 percent of more of the abutting property owners file written objections to the proposed vacation with the Clerk, prior to the time of hearing, the City shall not proceed with the resolution. (Ord. 59 § 8, 1993)

12.18.090 Hearing – Decision.

At the time of the hearing on the vacation, or at such time as the same may be continued by the City Council, the matter shall be considered, and those desiring to speak on the vacation shall be heard. Following the hearing, the Council shall determine whether to grant the petition and/or proceed with the vacation. Such determination shall include, but not be limited to, consideration of the following criteria:

(1) Whether a change of use or vacation of the described portion will better serve the public good;

(2) Whether the street, alley or portion thereof is no longer required for public use;

(3) Whether the substitution of a new and different way would be more useful to the public; or

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

(5) Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. (Ord. 59 § 9, 1993)

12.18.100 Petitions – Supplemental – Conditions.

Supplemental petitions, or objections, containing signatures of additional persons or owners of abutting property petitioning for and consenting to such vacation may be filed as a part of, and considered with, the initial petition; provided, that such supplemental petitions shall not extend the description of the area sought to be vacated or add a new or different condition to such vacation. (Ord. 59 § 10, 1993)

12.18.110 Granting – Conditions.

If the City Council determines to grant the vacation, such action shall be made by ordinance with such conditions or limitations as the Council deems necessary and proper to preserve any desired public use or benefit.

(1) Easements. If the City Council deems that to grant the vacation shall be to the public’s interest and advantage, the Council may, by ordinance, vacate such street, alley or part thereof, reserving to the City an easement or the right to exercise the grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit.

(2) Rededication. If the Council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may be granted only upon execution of a covenant running with such abutting land to rededicate such a portion upon a declaration of public use and necessity by the Council.

(3) Waterfront. The City shall not be authorized or have authority to vacate such street, or alley, or any parts thereof if any portion thereof abuts on any body of water unless such vacation be sought to enable the City to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes, or other public uses. This proviso shall not apply to Industrial zoned property.

(4) Compensation. Any ordinance granting a street vacation may provide that it shall not become effective until the owners of property abutting upon each side of the street or alley, or part thereof so vacated, shall compensate the City in an amount which does not exceed 1/2 the appraised value of the area vacated, except, in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation.

(5) Recording. Upon its effective date, a certified copy of the ordinance granting vacation shall be recorded by the City Clerk in the office of the King County Department of Records and Elections. (Ord. 59 § 11, 1993)

12.18.120 Granting – Portion of petitioned area.

If, after a hearing, the Council determines that the petition cannot be granted in whole, but that a portion of the area described in the original petition may be vacated, the Council may, by ordinance, vacate such portion in accord with the provisions of WMC 12.18.110. (Ord. 59 § 12, 1993)

Chapter 12.21
STATE HIGHWAY
ACCESS MANAGEMENT CLASSIFICATION SYSTEM

Sections:

12.21.010 Standards for access permitting.

12.21.020 Highway classification system.

12.21.010 Standards for access permitting.

Chapter 468-51 WAC, including any future additions to, and amendments and repeals thereof, is hereby adopted by reference. (Ord. 69 § 1, 1993)

12.21.020 Highway classification system.

Chapter 468-52 WAC, including any future additions to, and amendments and repeals thereof, is hereby adopted by reference. (Ord. 69 § 2, 1993)

Chapter 12.24
ROAD STANDARDS, SUBDIVISIONS, LAND USE AND HEALTH AND SAFETY REGULATIONS DURING TRANSITION

Sections:

12.24.010 County codes adopted.

12.24.020 Transition.

12.24.010 County codes adopted.

The following portions of the King County Code are hereby adopted by this reference as if set forth in full, except as modified in this chapter:

KCC

8.04.010 through 8.04.110

8.08.010 through 8.08.180

8.12.010 through 8.12.040

8.16.010 and 8.16.020

8.20.010 through 8.20.030

8.24.010

8.36.010

8.38.010 and 8.38.020

8.40.010 through 8.40.310

8.44.010 through 8.44.800

8.48.010 through 8.48.060

8.52.010 through 8.52.100

8.56.010 through 8.56.160

8.60.010 through 8.60.030

14.12.010 and 14.12.020

14.24.010

14.28.010 through 14.28.100

14.30.010 through 14.30.090

14.32.010 through 14.32.240

14.40.010 through 14.40.060

14.42.010 through 14.42.080

14.44.010 through 14.44.120

14.46.010 through 14.46.180

14.48.010 through 14.48.040

14.52.010 through 14.52.080

16.04, except 16.04.020

16.08

16.32

16.70

16.82

16.86

19.04

27.04.010 through 27.04.040

27.08.010 through 27.08.090

27.12.010 through 27.12.040

27.16.010 and 27.16.020

27.20.010 and 27.20.020

27.24.010 and 27.24.020

27.28.010 through 27.28.060

27.32.010 and 27.32.020

27.36.010 and 27.36.020

(Ord. 52 § 1, 1993)

12.24.020 Transition.

The portions of the King County Code adopted herein by this reference shall apply to those permits which have been filed with the County prior to March 31, 1993, and which are being processed by the County pursuant to the interlocal agreement between the City and King County as authorized by Resolution No. 93-21. The provisions of the King County Code adopted herein shall have no effect with respect to permits that are filed with the City subsequent to March 31, 1993. (Ord. 52 § 2, 1993)

Chapter 12.27
DEDICATION OF PRIVATE STREETS

Sections:

12.27.010 Intent.

12.27.020 Criteria.

12.27.025 Variances process.

12.27.030 Process.

12.27.040 New sidewalk improvements.

12.27.010 Intent.

The City will accept dedication of private streets that do not meet current City standards, under the criteria established in this chapter. The City Engineer shall make the determination and recommendation to the City Council for consideration on all petitions where 100 percent of all the vested owners of the private street have signed. (Ord. 236 § 1, 1999)

12.27.020 Criteria.

For a private street to be considered to be accepted into the City as a public street, and receive all the services provided by the city on a public street, all the following criteria must be met:

(1) Pavement Surface. Asphalt concrete pavement with curbing or 24-inch gravel edges. On noncurbed streets, asphalt driveway aprons must extend a minimum of 24 inches past the edge of the aligned road edge.

(2) Street Width. Twenty-two feet at the narrowest point. On nonthrough streets, a paved cul-de-sac or “hammer head” turnaround must be provided sufficient for emergency vehicle turnaround as determined by the fire district.

(3) Pavement Condition. The pavement surface must not show signs of failure such as alligatoring, longitudinal or transverse cracking, wash boarding, severe spawling, or road base failure.

(4) Surface Drainage. Drainage must be provided for road surface runoff either by an open ditch, gutter, or enclosed pipe system.

(5) Right-of-Way. A minimum right-of-way of 30 feet shall be provided and a minimum of an additional five feet of public easement must be provided along both sides of the right-of-way. The total width with easements and right-of-way shall be 40 feet.

A variance to this right-of-way criteria will be considered only if all other criteria as defined in this chapter can be met.

(6) Future Development. The potential for future development gaining access to the street cannot be more than a total of three additional single residential lots.

(7) Petition. One hundred percent of all vested property owners must sign a petition to the City requesting to dedicate their private road to the City.

(8) Life Safety. The Fire District and Police Department have reviewed and provided approval that emergency services on the road can be provided. This would include width, slope, and hydrant access.

(9) Construction Date. The private street shall have been constructed prior to May 1, 1999.

(10) Underground Utilities. All underground water lines, sewer lines and other utilities have been located in the proposed right-of-way. Such utilities shall either be relocated out of the right-of-way, or necessary permits shall be obtained for use of the public right-of-way. (Ord. 309 § 3, 2001; Ord. 236 § 2, 1999)

12.27.025 Variances process.

A right-of-way variance will be considered only after the applicant has made reasonable efforts to meet the right-of-way criteria as described in this chapter. The following defined procedures shall be followed when processing a request for a right-of-way variance:

(1) Determination of Reasonable Efforts. A reasonable effort will be considered when:

(a) One hundred percent of all the vested property owners have been contacted and support dedicating/granting right-of-way.

(b) Dedicating/granting of additional right-of-way is under the control of another interest outside of the vested property owners.

(c) The applicant provides documentation supporting the efforts for subsections (1)(a) and (b) of this section.

(2) Future Development. The potential for future development gaining access to the street cannot be more than a total of three additional single residential lots.

(3) Petition. One hundred percent of all vested property owners must sign a petition to the City requesting to dedicate their private road to the City.

(4) Life Safety. The Fire District and Police Department have reviewed and provided approval that emergency services on the road can be provided. This would include width, slope and hydrant access.

(5) Construction Date. The private street shall have been constructed prior to May 1, 1999.

(6) Underground Utilities. All underground water lines, sewer lines and other utilities have been located in the proposed right-of-way. Such utilities shall either be relocated out of the right-of-way, or necessary permits shall be obtained for use of the public right-of-way. (Ord. 309 § 4, 2001)

12.27.030 Process.

The following is the process for a private street to be considered for acceptance by the City as a public street:

(1) A petition prepared by petitioners, with signatures of 100 percent of all vested property owners in the said private road, must be submitted to the City Engineer. The petition must include the name, property identification, and mailing address of each property owner, and must provide a single designated contact person for the City.

(2) The City Engineer will evaluate the private road to determine if the minimum variance standards are met. Notification of the results will be provided to the petition’s designated contact person.

(3) If the private road does not meet the minimum standards, the petitioners may correct the deficiencies and resubmit the petition or have their petition rejected.

(4) If the private road meets the minimum standards, staff will take the petition to the City Council for a public hearing and consideration of conditions and action.

(5) At the public hearing, conditions may be included that could consist of parking restrictions, traffic control modifications, local improvement district agreement, and future usage of the street.

(6) The petitioners shall be notified of the outcome of the public hearing with inclusion of any conditions.

(7) The Council may approve the petition, reject the petition or approve the petition with conditions. If the council approves the petition, the petitioners shall execute all necessary legal documents and comply with all conditions within 90 days, or such other time as established by the Council.

(8) Upon execution and recording of all necessary legal documents and compliance with all conditions, the City Council shall accept the dedication of the private road as a public street. (Ord. 309 § 5, 2001; Ord. 236 § 3, 1999)

12.27.040 New sidewalk improvements.

This section defines the responsible body to bear all costs for construction of a new sidewalk adjacent to a private road that has been accepted under this chapter into the public street system.

(1) All Costs. All costs shall be defined as 100 percent of the costs associated with the study, design, permits, land, and construction to install a sidewalk and associated improvement in accordance with acceptable City standards and City administrative costs. Associated improvements can include curb and gutter, storm drainage, street lighting, and landscaping.

(2) Adjacent Property Owner’s Request for Sidewalk. In the event that the property owners adjacent to an accepted public road desires the construction of a new sidewalk, all costs as defined in subsection (1) of this section shall be borne by the requesting property owner.

(3) City Request for Sidewalk. In the event that the City requires the construction of a new sidewalk, all costs as defined subsection (1) of this section shall be borne by the City.

(4) Mutual Agreement for Sidewalk. In the event that both the City and adjacent property owner agree that it is mutually beneficial for a public sidewalk to be constructed, all costs as defined in subsection (1) of this section shall be shared at an agreed pro rata share. (Ord. 309 § 6, 2001)

Chapter 12.30
PUBLIC UTILITY AND TELECOMMUNICATIONS
RIGHT-OF-WAY USE*

Sections:

12.30.010 Purpose.

12.30.020 Definitions.

12.30.030 Authorization and permit required.

12.30.040 Application – Right-of-way authorization.

12.30.050 Approval of right-of-way use authorization.

12.30.060 Application – Construction permit.

12.30.070 Performance bond.

12.30.080 Approval of construction permit.

12.30.090 Terms of use and occupancy.

12.30.100 Reimbursement of City costs and expenses.

12.30.110 Deferment of construction.

12.30.120 Specifications.

12.30.130 Exceptions.

12.30.140 Revocation of right-of-way use authorizations and construction permits.

12.30.150 Security fund.

12.30.160 Insurance.

12.30.170 Hold harmless/indemnity.

12.30.180 Inspections.

12.30.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

12.30.200 Displacement for public use.

12.30.210 Additional ducts or conduits.

12.30.220 Joint use of poles.

12.30.230 City use for noncommercial government communication.

12.30.240 Appearance.

12.30.250 Accommodating moving of building(s) and/or equipment.

12.30.260 Removal.

12.30.270 Billings and collections.

12.30.280 Appeals.

12.30.290 Liability.

12.30.300 Tree trimming.

12.30.310 Underground electric power and telecommunication facilities.

12.30.320 Joint trenching.

12.30.330 Notice of tariff changes affecting permitted facilities.

12.30.340 One-call locator.

12.30.350 Violation – Penalties.

*Code reviser’s note: Ordinance 231 adds these provisions as Chapter 12.27. The chapter has been editorially renumbered to prevent duplication of numbering.

12.30.010 Purpose.

(1) Applicability. The purpose of this chapter is to provide for the regulation of the use of public right-of-way by any business, service, or person which is engaged in supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, sanitary sewer, telecommunications or transportation service. To the extent the provision of any current franchise or other written agreement with a public utility or telecommunications carrier conflicts with any provision of this chapter, the applicable provision of the franchise or other written agreement shall prevail.

(2) The provisions of this chapter shall apply to all public utility and telecommunications carriers which occupy, use, construct, or maintain utility or telecommunications facilities within public right-of-way of the City. (Ord. 231 § 1, 1999)

12.30.020 Definitions.

For the purposes of this chapter, the following terms, phrases, and words shall have the meanings set forth below unless the context clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

(1) “Applicant” means any person or entity that applies for permit pursuant to this chapter;

(2) “City” means the City of Woodinville, Washington;

(3) “Council” means the City Council of the City of Woodinville, Washington acting in its official capacity;

(4) “Department” means the Public Works Department of the City of Woodinville, Washington;

(5) “Director” as used herein means the Public Works Director for the City of Woodinville or his/her designee;

(6) “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City, including, but not limited to, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars;

(7) “Overhead facilities” means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities;

(8) “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers;

(9) “Public improvement” as used herein, means all work, construction, alterations, repair or improvements within public right-of-way, executed at the cost or under contract of the City, or caused to be performed by any person or entity as a condition or requirement of an approval or permit for zoning, land use, construction, or development if dedicated or required to be dedicated to the public use, benefit or enjoyment;

(10) “Public right-of-way” means any highway, street, alley, other public right-of-way, or easement for motor vehicle under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to such purposes, but only to the extent of the City’s right, title, interest or authority to grant a permit to occupy and use such streets and easements for telecommunications and utility facilities;

(11) “Public utility” as used herein, means a company or entity engaged in any business or service regularly supplying the public with some commodity or service which is a public need and consequence, such as natural gas, electricity, water or sanitary sewer, including any business subject to regulation as to rates and service by the Utilities and Transportation Commission under the provisions of RCW Title 81;

(12) “State” means the State of Washington;

(13) “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by Federal or State orders and regulations, to allow its use by a public utility or telecommunications carrier for a pole attachment. “Surplus space” shall also include usable space within underground conduits and ducts when the necessary clearance from other users, as required by Federal or State orders and regulations, can be achieved;

(14) “Telecommunications carrier” means and includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating, or managing any facilities used to provide telecommunications for hire, resale to the general public within this State;

(15) “Telecommunications facilities” means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities, and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service;

(16) “Telecommunications service” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium;

(17) “Underground facilities” means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities;

(18) “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in any Federal or State orders and regulations;

(19) “Utility easement” means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes; and

(20) “Utility facilities” as used herein means all conduit, wires, lines, poles, pipes, cables, communication and signal lines, braces, guys, anchors, vaults, pedestals, antennas, and all other structures, equipment and appurtenances thereto owned, operated or maintained by a public utility and used to furnish utility services. (Ord. 231 § 1, 1999)

12.30.030 Authorization and permit required.

(1) It is unlawful for any person to maintain, operate on, under, or over public right-of-way, any railroad tracks, pipes, ducts, utility tunnels, vaults, maintenance holes, poles, fixtures, wires, utility facilities, telecommunications facilities, or any other appurtenances necessary for the purpose of providing telecommunications service, conducting any public utility business, either public or private, without complying with all the provisions of ordinances in relation thereto and obtaining and having a right-of-way use authorization from the Director for such purpose.

(2) It is unlawful for any person to construct, repair, or maintain on, under, or over public right-of-way, any railroad tracks, utility facilities, telecommunications facilities or any other appurtenances necessary for the purpose of providing telecommunications service, conducting any public utility business, either public or private, or to go upon any such public right-of-way to perform any work therein which will obstruct the free flow of vehicular or pedestrian traffic or disturb the surface of public rights-of way, alley, planting strip or sidewalk, or to occupy area upon the surface or beneath the surface of public right-of-way, planting strips or sidewalks, without obtaining a construction permit from the Director for such purpose. The Director may exempt certain activities from the requirements of this section that do not materially affect the public right-of-way; provided, however, that should the Director deny an applicant’s request for such an exemption, there shall be no appeal. (Ord. 231 § 1, 1999)

12.30.040 Application – Right-of-way authorization.

(1) To obtain a right-of-way use authorization, the applicant shall file an application with the Permit Center Director.

(2) The Director shall examine each complete application submitted for review and approval to determine if it complies with the applicable provisions of this chapter and criteria for approval set forth in WMC 12.30.050(2). Other departments that have authority over the proposed use or activity may be required to review and approve or disapprove the application based on site-specific criteria. The Director may inspect the public right(s)-of-way proposed for use to determine any facts which may aid in determining whether a right-of-way use authorization should be approved. Right-of-way use authorizations shall be approved or denied within 120 days of submission of a complete application.

(3) A complete application shall include the following information and materials:

(a) The identity of the applicant, including all affiliates of the applicant who will be authorized to work in the right-of-way under the agreement;

(b) A brief description of nonconfidential, nonproprietary utility or telecommunications services that are or will be offered or provided by the applicant over its facilities;

(c) A brief description of nonconfidential, nonproprietary transmission medium that will be used to offer or provide such services;

(d) If installation of overhead facilities is proposed, evidence that surplus space is available for locating the facilities on existing utility poles along the proposed route;

(e) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the services, including, but not limited to, evidence that the applicant has registered with the Washington Utilities and Transportation Commission;

(f) An application fee which shall be set by the City Council by resolution which allows the City to recover its actual administrative expenses that are directly related to receiving and approving a permit and license, to inspecting plans and construction, or to the preparation of a detailed statement. (Ord. 231 § 1, 1999)

12.30.050 Approval of right-of-way use authorization.

(1) In the event the Director finds that the right-of-way use authorization application conforms to the requirements of this chapter and the criteria for approval set forth in subsection (2) of this section, the Director shall approve the right-of-way use authorization, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare, and safety and to mitigate any impacts resulting from the use. In the event that the Director denies an application for a right-of-way use authorization, the Director’s decision shall be in writing and set forth the reasons for said denial. Following approval by the Director, the right-of-way use authorization shall be issued by the Permit Center.

(2) In evaluating a right-of-way use authorization application under this chapter, the Director shall, consistent with Federal and State law, apply the following criteria:

(a) Whether all requisite licenses, certificates, and authorizations from applicable Federal, State, and local agencies have been obtained by the applicant;

(b) The capacity of the public right-of-way to accommodate additional utility and telecommunications facilities if the right-of-way use authorization is granted;

(c) The effect, if any, on public health, safety and welfare if the right-of-way use authorization is granted;

(d) The availability of reasonable alternate routes and/or locations in the right-of-way for the proposed facilities;

(e) Applicable Federal, State, and local statutes, regulations, ordinances, and policies related to utility, telecommunications, and other facilities, including City construction standards;

(f) Such other factors as may demonstrate that the grant to use the public right-of-way will serve the community interest.

(3) The duration of a right-of-way use authorization shall be five years unless revoked or modified under the provisions of this chapter.

(4) A grantee that desires to renew a right-of-way use authorization issued pursuant to this section for an additional term shall, not more than 180 days nor less than 90 days before expiration of the current authorization, file a completed right-of-way use authorization renewal application with the Public Works Department. Said application shall be deemed to be complete when it meets the submittal requirements specified by the Public Works Director.

(5) Within 90 days after receiving a complete application for renewal, the Public Works Director or the designee shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reason(s) for denial. The decision to grant or deny an application for the renewal of a right-of-way use authorization shall, in addition to the standards set forth in subsection (2) of this section, be based upon the following standard: the applicant’s compliance with the requirements and the authorization of this section.

(6) The right-of-way use authorization shall incorporate the relevant terms and conditions of this chapter by reference. (Ord. 231 § 1, 1999)

12.30.060 Application – Construction permit.

(1) To obtain a construction permit, the applicant shall file an application with the Permit Center Director.

(2) All applications for construction permits will be submitted at least 30 days prior to the planned need for the permit, except that the Director may waive the 30-day requirement upon the applicant’s showing an unforeseeable, emergent need. Applicants shall be approved within a reasonable time thereafter, generally not to exceed 15 days, taking into consideration the nature and complexity of the proposed use of City streets. Application for complex projects, as determined by the Director, should be submitted at least 120 days prior to the planned need for the permit. If unforeseen conditions require expedited processing time, the City will attempt to cooperate, but reasonable expedited processing fees to cover additional costs to the City shall be charged.

(3) A complete application shall include the following information and materials:

(a) A complete application on a form specified by the Director.

(b) In addition to the general plans and specifications described in WMC 12.30.040(3)(d), the applicant shall provide detailed construction plans demonstrating compliance with all applicable City codes and construction specifications.

(c) The location of the applicant’s overhead and underground facilities in the public right-of-way along the proposed route.

(d) Preliminary engineering plans, specifications, and maps of the facilities to be located within the public right-of-way, all in sufficient detail to identify:

(i) The location and route requested for the proposed facilities including the lineal distance run of the facilities within public right-of-way;

(ii) The location of the applicant’s existing and proposed facilities in the public right-of-way along the proposed route;

(iii) The specific trees, structures, improvements, facilities and obstructions, if any, the applicant proposes to temporarily or permanently remove or relocate.

(e) If underground installation in existing ducts or conduits within the public right-of-way is proposed, information in sufficient detail to identify:

(i) The excess capacity currently available in such ducts or conduits before installation of the facilities; and

(ii) The excess capacity, if any, that will exist in such ducts or conduits after installation of the facilities.

(f) If underground installation within new ducts or conduits to be constructed within the public right-of-way is proposed:

(i) The location proposed for the new ducts or conduits; and

(ii) The excess capacity that will exist in such ducts or conduits after installation of the facilities.

(g) A preliminary construction schedule and completion date.

(h) An application fee which shall be set by the City Council by resolution which allows the City to recover its actual administrative expenses that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement. (Ord. 231 § 1, 1999)

12.30.070 Performance bond.

A performance bond written by a corporate surety acceptable to the City equal to at least 150 percent of the estimated cost of removing the permittee’s facilities and restoring the public right-of-way to their pre-construction condition shall be deposited before the construction permit is issued. Said bond shall be required to remain in full force until 60 days after completion of the construction and/or improvements within the public right-of-way, and shall warrant all such restoration work for a period of two years. Those applicants performing annual work within the rights-of-way may provide an annual performance bond, in an amount approved by the Director, at the beginning of each year to cover all excavations. The purpose of this bond is to guarantee removal of partially completed and/or nonconforming facilities and to fully restore the public right-of-way to the preconstruction condition. (Ord. 231 § 1, 1999)

12.30.080 Approval of construction permit.

(1) In the event that the Director finds that the construction permit application conforms to the requirements of this chapter and applicable construction standards adopted by the City, the Director shall approve the construction permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, to mitigate any impacts resulting from the use, and to facilitate the orderly management of other utility and telecommunications facilities within the public right-of-way. In the event that the Director denies an application for a construction permit, the Director’s decision shall be in writing and set forth the reasons for said denial. Following approval by the Director, construction permits shall be issued by the Permit Center.

(2) The Director has the discretion to approve a blanket construction permit for a period of up to one year, when the applicant seeks approval to perform construction or maintenance that is of a repetitive or similar nature.

(3) In evaluating a construction permit application under this chapter, the Director shall, in addition to the criteria set forth in WMC 12.30.050(2), determine whether the proposed construction is consistent with all construction standards adopted by the City.

(4) The duration for a construction permit shall be for one year unless revoked or modified under the provisions of this chapter. The Director shall approve a construction schedule specifying the dates, times, and duration during which construction activity shall be permitted within the public right-of-way.

(5) The construction permit shall incorporate the relevant terms and conditions of this chapter by reference.

(6) The Director shall have the power to regulate the construction and enforce construction permit conditions and the requirements of this chapter. The Director shall keep a record of the construction permit and the work done thereunder. (Ord. 231 § 1, 1999)

12.30.090 Terms of use and occupancy.

(1) The use and occupancy of public right-of-way in the City by any person constructing, maintaining or operating telecommunications, utility, or other facilities shall conform to the terms and conditions of this chapter.

(2) Existing facilities installed or maintained by a telecommunications carrier, public utility or other entity over, under or across public right-of-way within the City in accordance with an expired franchise agreement or other City-issued permit may be operated by the telecommunications carrier or public utility at the locations at which such facilities exist; provided, however, that maintenance, repair, relocation, and/or expansion of such facilities shall not be permitted unless and until the public utility or telecommunications carrier, or other entity obtains all permits and approvals required by this chapter.

(3) All work by a telecommunications carrier, public utility, or other entity in the public right-of-way shall be in accordance with all construction standards and specifications adopted by the City as now exist or are hereafter amended, including but not limited to Chapter 12.09 WMC. (Ord. 231 § 1, 1999)

12.30.100 Reimbursement of City costs and expenses.

All public utilities, telecommunications carriers, and other entities shall, within 60 days after written demand, reimburse the City for all reasonable costs and expenses incurred by the City in connection with said party’s occupation and use of the public right-of-way for which a permit fee is not otherwise provided. (Ord. 231 § 1, 1999)

12.30.110 Deferment of construction.

The Director has the discretion to defer construction, or other activity under any construction permit, until such time as the Director deems proper in all cases, where the public right-of-way on which the work is desired to be done is occupied or about to be occupied in any work by the City or by some other person having a right to use the same in such manner as to render it seriously inconvenient to the public to allow any further obstruction thereof at such time. In granting such construction permit, the Director may so regulate the manner of doing such work in order to cause the least inconvenience to the public in the use of such public right-of-way. In all cases, any work of the City or its contractors or employees for municipal purposes shall have precedence over all work of every other kind. (Ord. 231 § 1, 1999)

12.30.120 Specifications.

(1) All work to be performed under a construction permit issued under this chapter shall conform to all applicable City codes, ordinances, and standards adopted by the City. In case of any conflict, the most stringent provision shall apply.

(2) No telecommunications, utility, other facilities, or work related thereto shall protrude into or over any portion of a public right-of-way opened to vehicle or pedestrian travel in such a manner as to create a substantial likelihood of endangering the use of such place by vehicles or pedestrian travel. In addition, in the event the requested construction permit involves encroachment or partial obstruction of a sidewalk or other walkway open to the public, a minimum of five feet of unobstructed sidewalk or other walkway shall be maintained at all times.

(3) During any period of any relocation, construction or maintenance of its facilities within the public right-of-way, a telecommunications carrier, public utility or other person shall conduct their activities so as not to unreasonably interfere with the free passage of traffic or the use of adjoining property. Such person shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City and the laws of the State of Washington, including RCW 39.04.180, for the construction of trench safety systems.

(4) Upon request by the City, a permittee, utility, carrier, or other person shall, within 10 business days, submit, at no cost to the City, current and accurate as-built drawings showing the location of any facilities installed or constructed within the public right-of-way under a permit issued pursuant to this chapter or otherwise. As-builts shall show all of the applicant’s facilities in the right-of-way including but not limited to telecommunications facilities, utility facilities, power poles, guy poles and anchors, overhead transformers, pad-mounted transformers, submersible transformers, conduit, substation (with its name) pedestals, pad-mounted junction boxes, vaults, switch cabinets, and meter boxes. (Ord. 231 § 1, 1999)

12.30.130 Exceptions.

(1) A construction permit shall not be required when public utilities, telecommunications carriers, or City contractors are responding to emergencies that require work in the public right-of-way, such as water or sewer main breaks, gas leaks, downed power lines, or similar emergencies; provided, however, that the Public Works Department shall be notified by the responding utility, carrier, or contractor verbally or in writing, on the next business day following onset of the emergency. Nothing in this section shall relieve a responding utility, carrier, or contractor from the requirement of obtaining a construction permit after beginning emergency work in a public right-of-way.

(2) A construction permit fee shall not be required for City-sponsored capital improvement projects for water, sewer, drainage, or road construction maintenance, including associated work required by a public utility. (Ord. 231 § 1, 1999)

12.30.140 Revocation of right-of-way use authorizations and construction permits.

(1) Following a notice of violation and opportunity to cure, the Director may revoke or suspend any approval issued under this chapter, in accordance with existing tariff or applicable State law whenever:

(a) The work does not proceed in accordance with the plans as approved or the conditions of approval, is not in compliance with the requirements of this chapter, other City ordinances, resolutions, or State law;

(b) The City has been denied reasonable access to investigate and inspect the activity approved within the public right-of-way;

(c) The permittee or its agents has made a misrepresentation of a material fact in applying for such approval;

(d) The Director determines that inadequate measures are being taken to protect the public, adjoining property, public right-of-way, or telecommunications, utility or other facilities in such public right-of-way, or that any excavation or fill endangers or will endanger the public, adjoining property, public right-of-way, or telecommunications or utility facilities in such public right-of-way.

(2) Upon suspension or revocation of an approval under this chapter, all permit-related activities of the public right-of-way shall cease, except as authorized or directed by the Director. (Ord. 231 § 1, 1999)

12.30.150 Security fund.

(1) Prior to commencement of any activities approved under a right-of-way use authorization, the grantee shall establish a permanent security fund with the City by depositing the amount of $50,000, or such greater amount as deemed necessary by the Public Works Director, with the City in cash, an unconditional letter of credit, or other instrument acceptable to the City, which fund shall be maintained at the sole expense of the grantee so long as any of the grantee’s utility or telecommunications facilities are located within the public right-of-way of the City.

(2) The fund shall serve as security for the full and complete performance of the terms and conditions of this chapter and right-of-way use authorization, including any costs, expenses, damages, or loss the City pays or incurs, including civil penalties, because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations, or permits of the City.

(3) Before any sums are withdrawn from the security fund, the City shall give written notice to the grantee:

(a) Describing the act, default or failure to be remedied, or the damages, costs or expenses which the City has incurred by reason of grantee’s act or default;

(b) Providing a reasonable opportunity for the grantee to first remedy the existing or ongoing default or failure, if applicable;

(c) Providing a reasonable opportunity for the grantee to pay any monies due the City before the City withdraws the amount thereof from the security fund, if applicable; and

(d) That the grantee will be given an opportunity to review the act, default or failure described in the notice with the City or his or her designee.

(4) Grantees shall replenish the security fund within 14 days after written notice from the City that there is a deficiency in the amount of the fund. (Ord. 231 § 1, 1999)

12.30.160 Insurance.

Unless otherwise provided in a right-of-way use authorization or permit, each grantee shall, as a condition of the right-of-way use authorization or permit, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as co-insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the grantee:

(1) Comprehensive general liability insurance, written on an occurrence basis, with limits not less than:

(a) $2,000,000 for bodily injury or death to each person;

(b) $2,000,000 for property damage resulting from any one accident; and

(c) $2,000,000 for all other types of liability;

(2) Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000 for each person and $2,000,000 for each accident;

(3) Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $1,000,000;

(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000;

(5) The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the right-of-way use authorization or permit, and such other period of time during which the grantee is operating without a right-of-way use authorization or permit hereunder, or is engaged in the removal of its facilities. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the grantee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The grantee’s insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the grantee insurance and shall not contribute with it. The provisions of this section may be satisfied by the grantee furnishing evidence of self-insurance with a scope of coverage and limits comparable hereto and in a form satisfactory to the City Attorney;

(6) In addition, each such insurance policy shall contain an endorsement which provides that the policy may not be cancelled, reduced in coverage, nor the intention not to renew be stated until 60 days after receipt by the City of a written notice to that effect. Within 30 days after receipt of such notice by the City, and in no event later than 15 days prior to the cancellation or nonrenewal, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section. (Ord. 231 § 1, 1999)

12.30.170 Hold harmless/indemnity.

(1) Any person, public utility, or telecommunications carrier accepting approvals under the terms of this chapter shall agree to release, covenant not to bring suit, and agree to indemnify, defend and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the grantee’s own employees, or the employees of the grantee’s contractors and subcontractors, for which the grantee might otherwise be immune under RCW Title 51 for injury or death of any person or damage to property caused by or arising out of the acts or omissions of the grantee, its agents, servants, officers, or employees in the performance of activities allowed under any right-of-way use authorization or permit granted under this chapter, and any rights granted hereunder. Inspection or acceptance by the City of any work performed by a grantee during or at the time of completion of construction shall not be grounds for avoidance by the grantee of any of its obligations under this indemnity. Such indemnification obligation shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. Such indemnity agreement is required until the utility, telecommunications, or other facilities or any other appurtenances are removed from the public right-of-way, or, until the City furnishes a written release of the requirement to the public utility or telecommunications carrier.

(2) In addition, the City may require that any person, public utility, or telecommunications carrier accepting such a right-of-way use authorization or permit provide the City with additional indemnification, such as an indemnification from a parent company.

(3) The indemnification provided for herein shall not apply to injuries to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. (Ord. 231 § 1, 1999)

12.30.180 Inspections.

All work performed within public right-of-way shall be subject to periodic inspection by the Director to assure compliance with any conditions attached to the permit, the requirements of this chapter, and the requirements of any applicable City code or standard. (Ord. 231 § 1, 1999)

12.30.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

(1) Whenever the Director determines that any condition on any public right-of-way is in violation of, or any public right-of-way is being used contrary to, any provision of this chapter or procedures adopted under this chapter or other applicable codes or standards, or without a permit, the Director may order the correction or discontinuance of such condition or any activity causing such condition.

(2) The Director shall also have all powers and remedies available under State law and this chapter, to secure the correction or discontinuance of any condition specified in this section.

(3) The Director or his or her designee is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the Director determines appropriate:

(a) Serving of oral or written directives to the grantee or other responsible person requesting immediate correction or discontinuance of the specified condition;

(b) Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within such reasonable period as the Director may determine, taking into consideration the nature of the condition;

(c) Revocation of previously granted right-of-way use authorizations or construction permits where the grantee or other responsible person has failed or refused to comply with requirements imposed by the City related to such permits; or

(d) Issuance of an order to immediately stop work until authorization is received from the City to proceed with such work.

(4) Any utility or telecommunications facility, or any other object or thing which shall occupy any public right-of-way without a right-of-way use authorization or permit or in violation of right-of-way use authorization or permit conditions or this chapter is a nuisance both public and private. The Department may attach a notice to any such object or thing stating that if it is not removed from the public right-of-way within 24 hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object or thing is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, if known. This section shall not apply to motor vehicles.

(5) All expenses incurred by the City, including attorney’s fees and legal expenses, in abating the condition or any portion thereof shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the object or thing or placed it in the public right-of-way, which debt shall be collectible in the same manner as any other civil debt.

(6) The City shall also have all powers and remedies which may be available under law, this chapter, and procedures adopted under this chapter for securing the correction or discontinuance of any conditions specified by the City. (Ord. 231 § 1, 1999)

12.30.200 Displacement for public use.

(1) A telecommunications carrier, public utility, or other person under order of the Director shall, upon a minimum 60 days’ written notice at its own cost, subject to law and existing tariffs, and expense, move or adjust its underground or overhead facilities located within the public right-of-way which interfere with any public improvement authorized or ordered by the City. The actual number of days shall be specified by the Director in the Director’s order.

(2) When a public improvement is required to accommodate or allow development or other activity by a party other than the City, then a telecommunications carrier, public utility or other person which moves or adjusts its facilities shall be entitled to recover its associated costs and expenses from such other party.

(3) Such persons shall indemnify, hold harmless, and pay the costs of defending the City against claims or liabilities for delays on public improvement projects caused by their failure to relocate their facilities in a timely manner unless caused by circumstances beyond their control. (Ord. 231 § 1, 1999)

12.30.210 Additional ducts or conduits.

Any person constructing underground ducts or conduits pursuant to this chapter shall, upon request, provide the City with additional ducts for its use. Such additional ducts or conduits shall be of a size and configuration specified by the City and shall be dedicated to the City. The City shall have the right to use the ducts and conduits for any purpose, including but not limited to leasing them to other entities. The incremental costs of adding the ducts and conduits under this section shall be borne by the City. (Ord. 231 § 1, 1999)

12.30.220 Joint use of poles.

(1) Subject to applicable State and Federal law, any telecommunications carrier or public utility erecting or maintaining any privately owned poles within public right-of-way shall permit joint use within available surplus space of such poles to another who is authorized to construct and maintain such poles or attachments thereto if directed to do so by the Director and shall obey any order issued by the Director relative to the joint use of such poles.

(2) Nothing contained within this chapter shall prevent the owner of such poles to charge a reasonable pole attachment fee to a person, other than the City, making joint use of such poles. (Ord. 231 § 1, 1999)

12.30.230 City use for noncommercial government communication.

Any person erecting or maintaining poles within public right-of-way shall allow the City the right, free of charge, to attach, maintain and operate traffic and traffic safety signals, as noncommercial governmental communication and signals, wires and/or fixtures within available surplus space on the poles erected and so maintained. (Ord. 231 § 1, 1999)

12.30.240 Appearance.

Any person erecting or maintaining poles under authority of this chapter shall ensure that its poles are maintained in a manner that does not significantly distract from the visual appearance of the pole. Such maintenance may include cleaning, replacement, painting or repainting of the pole. Wooden utility poles shall not be required to be painted. (Ord. 231 § 1, 1999)

12.30.250 Accommodating moving of building(s) and/or equipment.

Any person maintaining overhead telecommunication or utility facilities in public right-of-way shall, upon seven days’ notice from the Director, disconnect or move said facilities to allow for the moving of building(s) and/or equipment across or along any such public right-of-way; provided, however, that the advance notice may be reduced to 24 hours if the facilities are below the minimum clearance set by law or regulation or in the case of an emergency. The cost of moving such facilities shall be in accordance with existing tariffs or applicable State law, and borne as follows: (1) by the person owning said facilities if the wires, cables or appurtenances are below the minimum vertical clearance required by State law, City ordinance, or rules of the Director, above the surface of the public right-of-way, and no adjustment would be necessary if the minimum clearance had been maintained; and (2) by the person desiring to move the building(s) and/or equipment under all other circumstances. (Ord. 231 § 1, 1999)

12.30.260 Removal.

Any person accepting a right-of-way use authorization or construction permit pursuant to this chapter for the installation of any utility or telecommunications carriers shall remove such facilities when they are no longer required, or the right-of-way use authorization or permit has been revoked as provided in this chapter. Such removal shall occur within 90 days of receiving notice from the Director ordering such removal. Unless otherwise approved by the City in writing, no such person shall be permitted to abandon utility or telecommunication facilities within a public right-of-way, and then only under such conditions as may be prescribed by the Director. (Ord. 231 § 1, 1999)

12.30.270 Billings and collections.

The Director, jointly with the Finance Director, may establish procedures pertaining to the billing and collection of fees and charges adopted pursuant to this chapter. (Ord. 231 § 1, 1999)

12.30.280 Appeals.

A decision of the Director made in accordance with this chapter may be appealed to the City Council as provided in Chapter 2.30 WMC. (Ord. 231 § 1, 1999)

12.30.290 Liability.

The Director and other employees charged with the enforcement and administration of this chapter, acting for the City in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for damages that may accrue to persons or property as a result of an act required or by reason of an act or omission in the discharge of such duties. (Ord. 231 § 1, 1999)

12.30.300 Tree trimming.

Any telecommunications carrier or public utility required by State statute or regulation to trim or remove trees which may interfere with their facilities shall ensure that their tree trimming activities protect the appearance, integrity and health of the trees to the extent reasonably possible. The telecommunications carrier or public utility shall prepare and maintain a tree trimming schedule to ensure compliance with this provision and to avoid exigent circumstances where tree cutting, trimming or removal is necessary to protect the public safety or continuity of service without the regard for the appearance, integrity or health of the trees that planned maintenance would otherwise allow. The telecommunications carrier or public utility shall submit the schedule to the Director. Except where exigent circumstances do not permit, the telecommunications carrier or public utility shall give the owner the property on which the trees are located at least five days’ advance written notice of the tree trimming. All tree trimming shall be performed under the direction of an arborist certified by the International Society of Arboriculture and shall be in accordance with WMC 2.24.180. (Ord. 231 § 1, 1999)

12.30.310 Underground electric power and telecommunication facilities.

(1) The undergrounding requirements of this section shall apply where the telecommunications carrier, public utility, or other person’s facilities consist of cable or any other facilities which are capable of being placed underground. This section shall not apply to antennas or other facilities, which are required to remain above-ground, in order to be functional.

(2) In any area of the City in which there are no aerial facilities other than antennas or other facilities required to remain above-ground in order to be functional, or in any public right-of-way in which all telecommunications wires and cables, and electric power wires, cables, 15,000 volts and lower, and other aerial facilities capable of undergrounding have been placed underground, no person shall be permitted to erect poles or to run or suspend wires, cables or other facilities thereon, but shall lay such wires, cables or other facilities underground in the manner required by the City; provided, however, that if utility or street improvement projects are anticipated within the same public right-of-way within 12 months of the grantee’s proposed construction, the Director may permit interim installation of aerial facilities. In the event that the City does not require the undergrounding of such facilities at the time of initial installation, the City may, at any time in the future, require the conversion of such above-ground and/or aerial facilities to underground installation at the carrier, utility, or other person’s expense.

(3) The City shall allow new electric power lines and cables operating above 15,000 volts to be constructed above-ground when location within the City right-of-way is approved by the Director.

(4) Whenever the City undertakes an undergrounding project in any area of the City, the costs of which the City is not obligated to pay under any tariff, all carriers, utilities, and other persons shall underground their above-ground and/or aerial facilities in the manner specified by the City, concurrently with and in the area of all the other affected carriers, utilities, and other persons. The location of any such relocated and underground facilities shall be approved by the Director. Such persons shall underground their facilities at no cost to the City.

(5) In the event that the City undertakes any public improvement which would otherwise require, in the discretion of the Director, the relocation of carrier, utility, or other person’s above-ground facilities, the Director may, by written notice to such persons, direct that any such facilities be converted to underground facilities. Any such conversion shall be done subject to and in accordance with applicable schedules and tariffs on file with the WUTC or such other regulatory agency having jurisdiction. (Ord. 231 § 1, 1999)

12.30.320 Joint trenching.

Recognizing that trenching and excavation within public right-of-way can significantly degrade the quality and longevity of street surfacing and seriously inconvenience the public, all grantees shall afford other telecommunications carriers, public utilities, and the City an opportunity to share in the use of their excavations and trenches within public right-of-way. In the event that the City, a telecommunications carrier, or a public utility desires to share in a grantee’s excavation, it shall provide a written request to do so. Joint use of excavations shall be subject to the following conditions:

(1) Such joint use shall not unreasonably delay the work of the party causing the excavation to be made;

(2) Any party desiring to share in an excavation may be required to pay the fair and reasonable pro rata cost of said excavation. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and

(3) Either party may deny such request for safety reasons. (Ord. 231 § 1, 1999)

12.30.330 Notice of tariff changes affecting permitted facilities.

A grantee shall, when making application for any changes in tariffs affecting the provisions of this chapter or any approval issued hereunder, notify the City in writing of the application and provide the Director with a copy of the submitted application. The grantee shall further provide the Director with a copy of any actual approved tariff change affecting any approval issued pursuant to this chapter. (Ord. 231 § 1, 1999)

12.30.340 One-call locator.

All carriers, utilities, grantees, and other persons shall, before commencing any construction within a public right-of-way, comply with all of the requirements set forth in Chapter 19.122 RCW, the one-call locator service. (Ord. 231 § 1, 1999)

12.30.350 Violation – Penalties.

(1) No person shall violate or fail to comply with this chapter.

(2) A violation of or failure to comply with any provision of this chapter shall constitute a civil infraction subject to the enforcement provisions of Chapter 1.03 WMC.

(3) A violation or failure to comply with any provision of this chapter, including any order of the Director authorized by this chapter, shall, in addition to any other remedies, constitute grounds for the Director to revoke the underlying permit issued to the grantee, if any, and grounds for the denial of any additional permits under this chapter until the grantee is in full compliance with the provisions of this chapter.

(4) Violation of a stop-work order issued by the Director pursuant to WMC 12.30.190 shall constitute a misdemeanor, punishable by not more than 90 days in jail and a fine not exceeding $1,000, or both. (Ord. 231 § 1, 1999)

Chapter 12.40
STREET DEBRIS REMOVAL

Sections:

12.40.010 Intent.

12.40.020 Definitions.

12.40.030 Violation – Process.

12.40.040 Reimbursement and penalty.

12.40.050 Continuation of development.

12.40.060 Debris removal fees.

12.40.070 Exceptions.

12.40.010 Intent.

The City desires to remove debris deposited within the public right-of-way as expeditiously as possible in order to protect the public, to prevent contamination of the surface water system, and to contain the debris in as small an area as possible. If the responsible party fails to remove the debris within the time frame defined by the City, the City may remove the debris and seek reimbursement of all expenses incurred therefor. (Ord. 363 § 1, 2004)

12.40.020 Definitions.

(1) “Debris” means any material left or otherwise deposited within a public right-of-way by means of spilling, tracking, or leaving spoils behind. “Debris” includes, but is not limited to, fluids, glass, and other material left in the right-of-way as a result of a vehicle accident and fluids or other materials spilling from vehicles using the right-of-way.

(2) “Normal work hours” means 8:00 to 5:00 Monday through Friday, excluding holidays recognized by the City.

(3) “Person” means any individual, corporation, partnership, association or other organization or entity.

(4) “Public right-of-way” means any publicly owned right-of-way and structures or facilities located therein such as roads, trails, and sidewalks, regardless of whether the public’s ownership interest constitutes a fee or easement.

(5) “Repeat offender” means a responsible party who has been ordered by the City to remove debris from a public right-of-way more than (a) twice within a four-week period or (b) three times in a three-month period.

(6) “Responsible party” means a person who leaves or otherwise deposits debris upon the public right-of-way.

(7) “Spilling” means to flow, run, or fall out, over, or off and become wasted, scattered, or lost, especially accidentally or unintentionally from a vehicle.

(8) “Spoils” means material, particularly earth or rock, deposited or otherwise left within a public right-of-way in conjunction with adjacent or nearby site work.

(9) “Storm drainage system” means storm inlets, catch basins, storm pipes, open ditches, and other storm-related conveyance and storage systems.

(10) “Temporary placement of debris” means debris placed within a public right-of-way pursuant to a valid right-of-way permit.

(11) “Tracking” means to leave material, including but not limited to earth or soil material, behind or from the wheels, tracks, or “feet” of a vehicle or equipment.

(12) “Vehicle accident” means a collision involving one or more motor vehicles in the public right-of-way. (Ord. 363 § 1, 2004)

12.40.030 Violation – Process.

Except as otherwise provided herein, leaving or depositing debris on a public right-of-way through spilling, tracking, spoils and other means for any period of time constitutes a violation of this chapter. Each and every two-hour period during which debris remains in the public right-of-way shall constitute a separate violation. The City may enforce each violation by issuing a notice of violation or a notice of infraction pursuant to Chapter 1.06 WMC. In addition, or alternatively, the City may in its sole discretion utilize the following process to ensure that the debris is promptly removed:

(1) Initial Notification. The City may attempt to notify the responsible party by telephone or other communicative mechanism, if possible, identifying the location and the type of debris (if known), directing the responsible party to remove the debris, and stating the remedial deadline after which the City will dispatch its own resources to remove the debris at the responsible party’s expense.

(2) Stop Work Order. If debris has been generated by adjacent or nearby development activity within the City’s permitting jurisdiction, the City may issue a stop work order effective until the debris has been removed from the right-of-way. Alternatively or additionally, the City may seek to revoke any permit or land use decision already issued pursuant to WMC 21.50.040.

(3) City Action. If the responsible party has not removed the debris within the designated response time, the City may, at the sole expense of the responsible party, dispatch a street sweeper or other appropriate equipment together with all personnel reasonably necessary to remove the debris from the public right-of-way.

(4) Invoice. An invoice for the City’s debris removal services will either be posted at the responsible party’s job site, delivered directly to the responsible party, or mailed to the responsible party.

(5) Reimbursement. The Finance Director will receive a copy of the invoice from the Public Works Director, City Engineer or Public Works Supervisor along with a memo detailing the occurrence, the approximate time and date thereof, the name and address of the responsible party, the approximate duration of remedial activity by the City or its agents, and the identity of the City employee or agent performing the necessary remedial work. In addition to any other legally available option, the City may in its discretion utilize a collection agency to collect funds that have not been timely paid. (Ord. 363 § 1, 2004)

12.40.040 Reimbursement and penalty.

The responsible party shall pay the invoice for City expenses incurred in debris removal within 15 days of the date of said invoice. Timely payment of an invoice shall be credited toward any penalty owed pursuant to a notice of violation or notice of infraction resulting from such debris. Late payments may not be credited toward penalties owed. The penalty for violating any provision of this chapter shall be $250.00 per violation. (Ord. 363 § 1, 2004)

12.40.050 Continuation of development.

If the debris material resulted from development activity within the City’s permitting jurisdiction, no additional City permits shall issue with respect to that development until the debris removal invoice has been paid in full. In the event that the responsible party fails to timely pay in full any such invoice, the City may, in addition to any other available remedy, seek to revoke existing permits and land use decisions pursuant to WMC 21.50.040. (Ord. 363 § 1, 2004)

12.40.060 Debris removal fees.

The following categories of sweeping fees shall apply when the City removes debris pursuant to this chapter:

(1) The fees for street sweeping shall apply to each half-hour increment of street sweeping service time with a minimum charge of one half-hour. The duration of additional street sweeping and related activities shall be rounded up or down to the nearest half-hour.

(2) The fees for storm drainage system cleaning shall be for the performance of work to remove any debris that has infiltrated a publicly maintained storm water conveyance or storage system. This work may require the use of, and invoicing for, special vactoring equipment to remove material from catch basins and other parts of the storm water system.

(3) The fees for disposal of materials will be based on actual or estimated costs as determined by the City and shall be reflected by the type and volume of debris material.

(4) The City Council shall set said fees by resolution on the City’s fee schedule, and the same shall be provided and updated as deemed appropriate in the Council’s discretion. (Ord. 363 § 1, 2004)

12.40.070 Exceptions.

The Public Works Director or designee may, in his or her sole discretion, waive the penalty and reimbursement provisions of this chapter where a deposit of debris results from either of the following causes:

(1) Natural Disasters. No reimbursement or penalties for debris removal may be required where a deposit of debris results solely from a natural disaster beyond the responsible party’s control, including but not limited to earthquake, fire or flood; provided, that the responsible party shall bear the exclusive burden of proof in establishing the existence of any such natural disaster and its causal relationship to a deposit of debris.

(2) Vehicle Accidents. No penalties for debris removal may be required where a deposit of debris results solely from a vehicle accident; provided, that the responsible party shall bear the exclusive burden of proof in establishing the existence of any such vehicle accident and its causal relationship to a deposit of debris. (Ord. 363 § 1, 2004)

Chapter 12.50
PUBLIC FACILITIES RULES AND REGULATIONS

Sections:

12.50.010 Police power.

12.50.020 Definitions.

12.50.030 Rulemaking.

12.50.040 Applicability.

12.50.050 Trail use.

12.50.060 Practicing and playing games.

12.50.070 Overnight camping.

12.50.080 Fireworks.

12.50.090 Firearms and explosives.

12.50.100 Littering.

12.50.110 Game refuge, sanctuary or reserve – Disturbance of wildlife.

12.50.120 Capturing or striking wildlife – Prohibited.

12.50.130 Feeding of animals.

12.50.140 Trespassing.

12.50.150 Removal or destruction of property.

12.50.160 Dogs and pets – Prohibited areas.

12.50.170 Dogs and pets – Prohibited on shoreline.

12.50.180 Removal of pet feces.

12.50.190 Animals running at large – Prohibited.

12.50.200 Motor vehicles.

12.50.210 Speed limit.

12.50.220 Parking of motor vehicles.

12.50.230 Riding vehicles and animals.

12.50.240 Commercial watercraft – Prohibited.

12.50.250 Landing, launching, docking and use of watercraft – Prohibited.

12.50.260 Overnight moorage – Prohibited.

12.50.270 Aircraft – Prohibited.

12.50.280 Fires.

12.50.290 Alcoholic beverages and/or illegal drugs – Prohibited.

12.50.295 Intoxication.

12.50.300 Noise regulation.

12.50.310 Posting signs, posters and notices.

12.50.320 Sale of merchandise, food or services – Permit required.

12.50.330 Endangering persons or property – Prohibited.

12.50.340 Operation of motorized models – Prohibited.

12.50.350 Use of nonmotorized vehicles – Prohibited in certain areas.

12.50.360 Expulsion from parks and public facilities.

12.50.3