Ord 90-050
0072 .19002
JDW/naa
03/15/90
ORDINANCE NO.
90-50
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR RIGHT-OF-WAY USE
PERMITS,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
section 1.
Definitions.
A.
Right-of-way Use Permit.
1.
"Right-of-way use permit: limited" means
a permit authorizing the use of the City right-of-way for a
designated purpose and for a period of time limited to one year
or less.
2.
"Right-of-way use permit: extended" means
a permit
authorizing the use of the city right-of-way for a
designated purpose and for a period of time exceeding one year in
duration.
B.
"city" shall mean the city of Federal Way.
"Director of Public Works" shall include any
C.
person, firm or other public entity contracted with/by the City
to perform the required reviews and services on behalf of the
city.
section 2.
Permit reauired for improvement or use -
Application processinq.
A.
Permits
required.
city
road
right-of-way
shall not be privately improved or used for access or other
--------' --,_.----
JDWO07810
-1-
COpy
purposes
and
no
development
approval
shall
be
issued
which
requires use of privately maintained city right-of-way unless a
permit
therefore has been
issued pursuant to this
ordinance,
except for utility construction work otherwise authorized.
This
section
shall
not
apply
to driveway connections
from private
property to city road right-of-way.
B.
General Procedures.
1.
upon receipt of an application for right-
of-way use permit, limited or extended, the city shall determine
whether the proposed activity is within city-owned right-of-way.
2.
The city shall be the lead agency for the
compliance with the state Environmental Policy Act.
In addition,
the
Public
Works
Director
shall
review
applications
for
compliance with applicable city plans, policies, regulations and
standards.
prior to issuing a right-of-way use permit, the city
shall determine and secure an appropriate bond as described in
this ordinance.
3.
The
city
shall,
when
feasible,
consolidate
right-of-way
use
permits
with
other
development
approvals to prevent duplication and increase efficiency.
The
fee for a consolidated approval shall be reduced to the extent
separate fees would be duplicative.
section 3.
Permit - Additional reauirements.
A.
Plans.
Detailed engineering and restoration
plans
and/or
drainage
plans
may
be
required when
considered
necessary
by
the
Public
Works
Director.
Costs
for
the
JDWOO7810
-2-
development of such plans and conduct of required studies shall
be borne by the permit applicant.
B.
Survey.
When
considered
necessary
by
the
Public Works Director to adequately define the limits of right-
of-way, the permit applicant shall cause the right-of-way to be
surveyed
by
a licensed
land surveyor.
Such survey
shall be
recorded in accordance with the Survey Recording Act.
c.
Dedication.
A
permit
applicant
may
be
required
to
dedicate
additional
right-of-way
across
property
under his authority when necessary to fulfill the minimum road
right-of-way width prescribed by city standards.
D.
Illegal
subdivision.
A permit shall not be
issued to provide access to a lot or parcel created in violation
of state and city subdivision regulations.
Section 4.
Permit - Limited.
A.
upon filing of a complete application, payment
of the fee, and posting of the required bond for restoration of
the right-of-way,
the city may issue a permit authorizing the
limited use of City
road right-of-way,
for use by designated
private parties for a specific use which is less than one year in
duration.
B.
The
permit
may
require
construction
and
restoration of the right-of-way to adopted standards based on the
nature and duration of the specific use, and subject to division
inspection.
In addition,
condi tions may be set to assure the
compliance
with
city
plans,
policies,
standards
and
JDWOO7810
-3-
regulations.
Such conditions may require performance in excess
of adopted road standards.
The permit applicant may be required to post
bonds in amounts determined by the city based on current bonding
c.
schedules which:
1.
Guarantee construction and maintenance of
the
roadway,
drainage,
and
retention/detention
facilities
in
compliance with adopted standards; and
2.
Guarantee restoration of the right-of-way
to
a
condition
consistent
with
the
right-of-way
use
permit
including
blocking
of
access
to
the
right-of-way
at
the
expiration of the permit period.
D.
The
permit
applicant
shall
assume
sole
responsibility
for
the
safe
and
adequate
operation
and
maintenance of any improvements to the city right-of-way during
the period of time the permit is in effect.
E.
The permit applicant may apply for one one-
year
extension
to
the
right-of-way use permit:
limited,
upon
written application for an extension, payment of the fees,
and
being
found
to
have
fully
complied with
the
conditions
and
requirements
of
the
original
permit.
The
application
for
extension may only be made after the first six months of the
original permit life.
section 5.
Permit - Extended.
A.
Upon
filing
of
a
complete
application
and
payment of fee, the city may issue a permit authorizing the use
JDWOO7810
-4-
of the City right-of-way for a designated use and for a period
exceeding one year in duration.
B.
The applicant may be required to construct a
road to specific standards which may include full compliance with
adopted city road standards,
and may be required to post bonds
for construction, restoration and maintenance.
Construction work
and
all
restoration
work
required
by
the
pe=it
shall
be
completed within one year of the pe=it's issuance,
In addition,
the city may set conditions to assure compliance of the pe=it
with other adopted plans, City policies and regulations.
C.
The Department of Public Works shall place and
maintain
pe=anent
sign(s)
denoting
the
end
of
the
city
maintained road.
D.
The applicant shall have sole responsibility
for
the
safe
construction,
operation
and
maintenance
of
any
improvements to the city right-of-way pursuant to the pe=it,
until such time a the improvements are officially accepted for
maintenance by the City.
E.
The pe=it applicant may be required to record
a covenant running with the land and for the benefit of the city,
which contains:
1.
A legal description of the lot or parcel
to be served by the right-of-way use permit, limited or extended;
2.
A
statement
indicating
that
access
to
such parcel is across an unmaintained City right-of-way, that the
City is not responsible for maintenance of the right-of-way and
JDWOO7810
-5-
that responsibility for maintenance of the road rests jointly and
equitably upon all permit holders;
3.
A
statement
that
the
owner(s)
of
the
parcel will not oppose participation in a city road improvement
district, if formation of such a district is deemed necessary by
the city;
4.
A prohibition
against
subdividing
such
parcel
without
obtaining
either
plat
or
short
plat
approval
therefore, or if exempt from platting, a right-of-way use permit
for the additional lots being created;
5.
A
statement
that
the
right-of-way
use
permit covenant is binding on the successors and assigns of the
owner(s), and
6.
The
acknowledged
signature(s)
of
the
owner(s) of such parcel.
section 6.
Permit - Intercretation.
Permits issued
pursuant to this ordinance shall not be construed to convey any
vested
right
or
ownership
interest in
any City right-of-way.
Every right-of-way use permit shall state on its face that any
city right-of-way opened pursuant to this ordinance shall be open
to use by the general public except in those cases where specific
conditions in a right-of-way use permit:
limited,
restrict the
use of the right-of-way for safety reasons.
section
7.
Comnliance
reauired
of
driveway
connections
or other
access
to
city
road riahts-of-wav.
No
driveway connection or other access from private property to a
JDWOO7810
-6-
city road right-of-way shall be built or maintained which does
not comply with the City road standards.
Section
8.
Enforcement.
The
Director
of
Public
Works is authorized to enforce the provisions of this ordinance,
and any rules and regulations promulgated thereunder.
Section 9
This ordinance shall be effective five
(5)
days after passage and publication of an approved summary
consisting of the title to this ordinance.
PASSED by the city council of the city of Federal Way
this ~ day of
A"ril
, 1990.
CITY OF FEDERAL WAY
/J:hA' £ß
. YOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
~A/ d. ~~
CITY CLERK, DELORES A. MEAD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY gçL-n (~
FILED WITH THE CITY CLERK: March 15, 1990
PASSED BY THE CITY COUNCIL: April 3. 1990
PUBLISHED: April 6. 1990
EFFECTIVE DATE: April 11. 1990
ORDINANCE NO. 90-50
JDWO07810
-7-