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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-