ORD 16-813 - Ameding Permits for Encroachments into Public ROWORDINANCE 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
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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
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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
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