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ORD 16-813ORDINANCE NO. 16 -813 AN ORDINANCE of the City of Federal Way, Washington, adding a new section to Chapter 4.25 FWRC relating to permits for encroachments into the public right -of -way. WHEREAS, the City of Federal Way regulates activities and uses in the public right -of -way in order to protect the use of the public right -of -way, regulate traffic, and promote public health, safety, and welfare; and WHEREAS, the Federal Way Revised Code does not currently allow for removable, nonpermanent additions to buildings to encroach into the right -of -way; and WHEREAS, allowing removable, nonpermanent additions to buildings, such as awnings and canopies, to encroach into the right -of -way would enhance the aesthetics of new development in the City; and WHEREAS, removable, nonpermanent additions to buildings that extend into the right -of- way improve the pedestrian experience by providing weather protection for citizens on public sidewalks; and WHEREAS, the City Council wishes to modify the regulation of the public right -of -way and finds it reasonable to permit removable, nonpermanent additions to buildings to encroach into the right -of -way under certain circumstances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.25 of the Federal Way Revised Code is hereby amended to add a new section 4.25.105 to read as follows: Ordinance No. 16 -813 Page 1 of 4 • • 4.25.105 Encroachments into public right -of -way (1) The public works director, or designee, is authorized to issue a permit for removable, nonpermanent additions to buildings to encroach into the public right -of -way at the property owner's risk and subject to the following conditions: (a) The applicant shall file a completed application with the public works department on the form provided by the department. (b) With the application, the applicant shall submit the fee established by resolution of the City Council. The application shall not be accepted unless it is accompanied by the required fee. (c) Proper plans and specifications for the proposed encroachment are submitted to the public works department. (d) The encroachment complies with the applicable sections of the Federal Way Revised Code with regard to structural safety, traffic, sanitation, fire safety requirements, and any other criteria deemed necessary by the public works director or designee. (e) The request shall be evaluated by the public works director, or designee, in regard to any adverse effect on adjoining property. (f) There shall be no interference with the use of the public street for roadway, sidewalk, existing or proposed utilities, and other authorized uses. (g) The applicant shall provide any information or material that the public works director, or designee, determines is reasonably necessary to evaluate the request. (h) The encroachment will be maintained in good order. (i) The encroachment must be removable so that when requested to do so by the public works director, designee, or other public authority having jurisdiction, the owner will remove the encroachment from the right -of -way at his or her expense. (j) No permanent encroachment into the right -of -way will be allowed under this section. (k) The permit shall be revocable for failure to comply with this chapter by the director of public works or designee. (1) The owner will hold the City of Federal Way and all its elected officials, officers., employees, agents, representatives, and volunteers harmless on account of the encroachment and will provide the City with a certificate of insurance for the encroachment into the right -of -way in an amount approved by the director of public works. (m)The requirements of this Section shall not supersede or act in lieu of permitting requirements under other Sections of the Code. Regardless of any review, approval, inspection, or other actions of the City, it is the responsibility of the applicant to ensure that all work, actions, or conditions on the subject property comply with this title, any permits or approvals granted under this title, and all other applicable laws or permits. Ordinance No. 16 -813 Page 2 of 4 • • Section 2. The permit fee shall be set at the rate for the right -of -way use permit as prescribed in the City's Fee resolution. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 16 -813 Page 3 of 4 PASSED by the City Council of the City of Federal Way this 19th day of January, 2016. ATTEST: Ar0,ft (iti it Ali C ERK, STEPHANIE CO AP OVED AS TO FORM: CITY OF FEDERAL WAY etAO EY, CMC CITY AT EY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 16 -813 12/30/2015 01/19/2016 01/22/2016 02/21/2016 #16 -813 Page 4 of 4