HomeMy WebLinkAboutTukwila Municipal Code - Title 11 - Right-of-Way Use TITLE 11 – RIGHT OF WAY USE
Produced by the City of Tukwila, City Clerk’s Office Page 11–1
TITLE 11
RIGHT-OF-WAY USE
Chapters:
11.04 General Provisions
11.08 Permits
11.12 Required Improvements for New Buildings and
Developments
11.16 Developer Reimbursement Agreements
11.20 Right-of-Way Vegetation
11.24 Placement of Signs or Banners
11.28 Undergrounding of Utilities
11.32 Telecommunications
11.40 Highway Access Management
11.60 Street and Alley Vacation Procedure
CHAPTER 11.04
GENERAL PROVISIONS
Sections:
11.04.010 Short Title
11.04.020 Purpose
11.04.030 Territorial Application
11.04.040 Definitions
11.04.050 Powers of Director
11.04.060 Appeals
11.04.070 Hazardous Conditions on Public Right-of-Way
11.04.080 Compliance with One-Call, One-Number Locator
Service
11.04.090 As-Built Drawings
11.04.100 Violation - Penalty
11.04.010 Short Title
Chapter 11 is known as and may be referred to as the “right-
of-way use code.”
(Ord. 1995 §1 (part), 2002)
11.04.020 Purpose
The purpose of this title is to regulate the use of the public
right-of-way in the interest of public health, safety, welfare and
convenience, and the operation and protection of public work
infrastructure.
(Ord. 1995 §1 (part), 2002)
11.04.030 Territorial Application
TMC Title 11 and the procedures adopted hereunder shall be
in effect throughout the City of Tukwila.
(Ord. 1995 §1 (part), 2002)
11.04.040 Definitions
As used in this title, unless the context or subject matter
clearly requires otherwise, the words or phrases defined in this
chapter shall have the indicated meanings.
1. “Abutting Property” means all property having a
frontage upon the sides or margins of any public right-of-way.
2. “Affiliate” means a person that (directly or indirectly)
owns or controls, is owned or controlled by, or is under common
ownership or control with, another person.
3. “Applicant” shall mean any owner or developer, or
duly authorized agent of such owner or developer, who has
submitted an application for a permit under this title.
4. “Assessment Reimbursement Area” means all real
properties that will benefit from the street and/or utility system
improvements.
5. “Banner” means a sign consisting of fabric and
containing a public service message or event announcement
which is hung above or across a public right-of-way.
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6. “Business Registration” means a requirement of all
telecommunications and cable providers who are not otherwise
required to license or franchise with the City.
7. “Cable Act” means the Federal Cable
Communications Policy Act of 1984, as amended by the Federal
Cable Television Consumer Protection and Competition Act of
1992, as amended by portions of the Federal Telecommunications
Act of 1996, and hereafter amended.
8. “Cable Facilities” – see “Facilities.”
9. “Cable Operator” shall have the same meaning as
defined in the Cable Acts.
10. “Cable Service” shall have the same meaning as
defined in the Cable Acts.
11. “Campus” means a development site under a single
public or private ownership, upon which a structure or structures
exist. By way of illustration and not limitation, a campus includes
a public or private school, a multifamily development, a retirement
housing facility, a nursing home facility, a continuing care
retirement community, a boarding home, a hospital, a recreational
facility, a business park, and a shopping center.
12. “City” means the City of Tukwila, Washington, in
King County, and all the territory within the corporate boundaries
of Tukwila, as these may change from time to time.
13. “City Council” means the City of Tukwila Council
acting in its official capacity.
14. “Curb” means a cement, concrete or asphaltic
concrete raised structure designed to delineate the edge of the
street and to separate the vehicular area of the public right-of-way
from the area provided for pedestrians.
15. “Department” means the City of Tukwila Public
Works Department.
16. “Deposit” shall mean any bond, cash deposit, or
other security provided by the applicant in accordance with TMC
Section 11.08.110.
17. “Developer” means the owner and/or building permit
applicant who is required – by any ordinance of the City, as the
result of the review under State Environmental Policy Act, or in
connection with any decision of the City Council – to construct
street system and/or utility system improvements which abut the
development site.
18. “Development” means a private improvement to real
property requiring electrical and/or communication services
including, but not limited to, such services being distributed to
subdivisions, short plats, planned unit developments, or single-
family or commercial building sites.
19. “Development Site” means the lot or lots upon which
real property improvements are proposed to be constructed.
20. “Director” means the Director of the Public Works
Department or designee.
21. “Electrical or Communication Systems” means
facilities carrying electrical energy, including but not limited to,
electric power, telephone, telegraph, telecommunication, fiber
optics, and cable television services.
22. “Emergency” shall mean any unforeseen
circumstances or occurrence, the existence of which constitutes
an immediate danger to persons or property, or which causes
interruption of utility or public services.
23. “Excavation” shall mean any work in the surface or
subsurface of the public right-of-way, including, but not limited to,
opening the public right-of-way for installing, servicing, repairing,
or modifying any facility or facilities in or under the surface or
subsurface of the public right-of-way.
24. “Excess Capacity” means the volume or capacity in
any existing or future duct, conduit, manhole, handhold or other
utility facility within the right-of-way that is or will be available for
use for additional telecommunications or cable facilities.
25. “Facilities” or “Facility” means the plant, equipment,
and/or property, including, but not limited to, overhead and
underground water, gas, electric, and telecommunication facilities
and appurtenance such as cables, wires, conduits, transformers,
substation, pad-mounted J-boxes, switch cabinets, ducts,
pedestals, antennas, electronics, vaults, poles, meter boxes,
sewers, pipes, drains, and tunnels.
26. “FCC” or “Federal Communications Commission”
means the Federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers,
services and cable operators on a national level.
27. “Franchise” is an agreement required with a right-of-
way user who desires to construct, install, operate, maintain or
otherwise locate facilities in rights-of-way.
28. “Frontage” means that portion of the development
site abutting public right-of-way; provided, however, in the case of
development sites which are not substantially rectangular, such as
“pipe-stem” lots, the frontage shall be equal to the greatest linear
distance of the lot which is parallel to the public right-of-way. In
the case of corner lots, “frontage” means any portion of the
development site abutting any public right-of-way.
29. “Fronting” means abutting a public right-of-way or
public rights-of-way.
30. “Grantee” means the holder of a franchise or a right-
of-way permit.
31. “Hazardous Waste” includes any and all such
materials as defined by RCW 70A.384.005 (radioactive wastes)
and RCW 70A.300.010(5), (6) and (15) (other hazardous wastes),
now or as hereafter amended.
32. “Installer” means the person or organizations who
actually and physically hangs the banner over the public right-of-
way and who has the required skill and equipment to properly and
safely hang the banner. The Director will maintain a list of
approved installers having the required skill and equipment to
properly and safely hang banners.
33. “Maintain or Maintenance” means mowing, trimming,
pruning (but not including topping or tree removal), edging, root
control, cultivation, reseeding, fertilization, spraying, control of
pests, insects and rodents by nontoxic methods whenever
possible, watering, weed removal, and other actions necessary to
assure normal plant growth.
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34. “New Electrical or Communication Service” means
installation of service lines to a building where none existed
before, and shall not include overlashing, restorations and repairs.
35. “Nonconforming Paved Street Surface” means
asphaltic concrete or cement concrete street surface that does not
conform to the current “City of Tukwila Infrastructure Design and
Construction Standards,” but that the Director finds to be adequate
for projected vehicular traffic.
36. “Occupant” means a person who is occupying,
controlling or possessing real property, or his or her agent or
representative.
37. “Open Video System” means those systems defined
and regulated as Open Video Systems by the FCC, pursuant to
Section 653 of the Federal Communications Act of 1934, as
amended, 47 U.S.C. 573.
38. “Overhead Facilities” means facilities located above
the surface of the ground, including the underground supports and
foundations for such facilities.
39. “Owner” shall mean any developer or person,
including the City, who owns any facility or facilities that are, or are
proposed to be, installed or maintained in the public right-of-way.
40. “Paved Street Surface” means street surface that is
either standard street surface or nonconforming paved street
surface.
41. “Permit” means a document issued by the City
granting permission to engage in an activity that involves the use
of the public right-of-way.
42. “Permittee” shall mean the applicant to whom a
permit to use the public right-of-way has been granted and thereby
has agreed to fulfill the requirements of TMC Title 11.
43. “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, but excludes the
City.
44. “Personal Wireless Services” means commercial
mobile services, unlicensed wireless services and common carrier
wireless exchange access services as defined by Federal laws
and regulations.
45. “Private Use” means use of the public right-of-way –
other than as a thoroughfare for ordinary transit of vehicles,
pedestrians, or equestrians – for the benefit of a particular person
or entity.
46. “Procedure” means a procedure adopted by the
Director to implement this title, or to carry out other responsibilities
as may be required by this title or by other codes, ordinances, or
resolutions of the City or other agencies as they may apply.
47. “Real Property Improvements” means:
a. Construction of a structure on an unimproved lot;
b. Additions, alterations, or repairs to an existing
structure other than one single-family residence, where square
footage is added to the structure, or the construction of accessory
buildings; or
c. Construction of an additional structure or
structures on a campus.
48. “Recently Improved Street” shall mean any street
that has been reconstructed or resurfaced by the Department or
any other owner or person in the preceding three-year period.
49. “Reimbursement Agreement” means contracts
authorized by RCW Chapter 35.91, as presently constituted or as
may be subsequently amended, for utility system improvements,
and may be referred to from time to time in this title as “Latecomer
Agreements.”
50. “Replacement Vegetation” means vegetation of
equal species, size, quality and number to that which has been
removed.
51. “Restoration” means all work including, but not
limited to, backfilling, compacting, replacing street pavement,
replacing sidewalks, or other public right-of-way to like-new
condition in the manner prescribed by the Department’s
Infrastructure Design and Construction Manual. (See TMC Section
11.08.270 for more details.)
52. “Right-of-Way” means all public streets, alleys and
property granted, reserved for, or dedicated to public use for
streets and alleys, together with all public property granted,
reserved for, or dedicated to, public use including, but not limited
to, walkways, sidewalks, trails, shoulders, drainage facilities, bike
ways and horse trails, whether improved or unimproved, including
the air rights, subsurface rights, and easements related thereto,
but does not include:
1. State highways;
2. Land dedicated for roads, streets, and highways
not opened and not improved for motor vehicle use by the public;
3. Structures, including poles and conduits, located
within the right-of-way;
4. Federally granted trust lands or Forest Board
trust lands;
5. Lands owned or managed by the Washington
State Parks and Recreation Commission; or
6. Federally granted railroad rights-of-way acquired
under 43 U.S.C. 912 and related provisions of federal law that are
not open for motor vehicle use.
53. “Right-of-Way User” means any person with any
facility in the right-of-way, including but not limited to, persons who
have been granted City approval via franchise or other agreement
to be in the right-of-way.
54. “Service Connection” means a connection made to
a telecommunications facility and/or cable facility for the purpose
of providing telecommunications or cable services.
55. “Service Connections” are facilities extending from a
distribution system and terminating on private property and/or for
the specific purpose of servicing one (1) customer.
56. “Sidewalk” means that property between the curb
and the abutting property, set aside and intended for the primary
use of pedestrians, but may include mixed uses such as
pedestrians and bicyclists, improved by paving with cement
concrete or asphaltic concrete, including all driveways.
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57. “Standard Street Surface” means street surface that
is paved in accordance with the “City of Tukwila Infrastructure
Design and Construction Standards.”
58. “State” means the State of Washington.
59. “Stop Work Notice” means a notice authorized by the
Director or his/her designee, posted at the site of an activity that
requires all work to be stopped until the City approves continuation
of work.
60. “Street” means any street, road, boulevard, alley,
lane, way or place, or any portion thereof within the City limits.
61. “Street System Improvements” include half street
section of street pavement (including appropriate sub paving
preparation), surface water drainage facilities, sidewalks where
required, curbs, gutters, utility undergrounding, street lighting,
right-of-way landscaping (including street trees where required),
and other similar improvements.
62. “Street System Improvements” means such
improvements as are defined in TMC Section 11.12.030.
63. “Street Trees” means any trees located on any street
or public right-of-way.
64. “Surface Water Drainage Facilities” means ditches,
piped and covered surface water drainage, including catch basins,
and such detention, retention, and biofiltration as the Director shall
require in accordance with sound engineering principles and the
adopted ordinances and policies of the City.
65. “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 the orders and regulations of the
Washington Utilities and Transportation Commission, to allow its
use by a telecommunications carrier for a pole attachment.
66. “Telecommunications Carrier” for the purposes of
this chapter includes every person that directly or indirectly owns,
controls, operates or manages plant, equipment, structures, or
property within the City, used or to be used for the purpose of
offering telecommunication service. Provided, however, this does
not include lessees that solely lease bandwidth (and do not own
telecommunication facilities within the City of Tukwila).
67. “Telecommunication Facilities” – see “Facilities.”
68. “Telecommunication Service” means the providing
or offering for rent, sale or lease, or in exchange for other value
received, the transmittal of voice, data, image, graphic or video
programming information or service(s) 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.
69. “TMC” means the Tukwila Municipal Code adopted
by the City Council.
70. “Topping” means the severe cutting of the top of a
street tree resulting in stubs beyond the branch collar in the crown
or severe cutting which removes a substantial portion of the
normal canopy, disfigures the street tree, and reduces the height.
71. “Underground Facilities” means facilities located
under the surface of the ground, alone or in combination, direct
buried or in utility tunnels or conduits, excluding the underground
foundations or supports for overhead facilities.
72. “Unpaved Street Surface” means street surface that
is neither standard nor nonconforming paved street surface.
73. “Unsafe Condition” means any condition that the
Director reasonably determines is a hazard to health, endangers
the safe use of the right-of-way by the public, or does or may
impair or impede the operation or functioning of any portion of the
right-of-way, or may cause damage thereto.
74. “Utility System Improvements” means water and/or
sewer facilities as specified in RCW 35.91.020 as it now reads, or
as hereafter amended.
75. “Vegetation” means all trees, plants, shrubs,
groundcover, grass, and other vegetation.
76. “Wire” means a guided transmission medium,
consisting of either one strand or a group of stands insulated
together, which are used to power and/or send multiple
transmission signals.
77. “Washington Utilities and Transportation
Commission” or “WUTC” means the State administrative agency,
or lawful successor, authorized under Title 80 of the Revised Code
of Washington to regulate and oversee telecommunications
carriers, services and telecommunications providers in the State
of Washington to the extent prescribed by law.
(Ord. 2701 §2, 2023; Ord. 1995 §1 (part), 2002)
11.04.050 Powers of Director
The Director shall have the following powers:
1. Prepare and adopt procedures as needed to
implement this title and to carry out the responsibilities of the
Department. Such procedures do not require approval of the City
Council to be implemented; however, the Council may, by motion
or resolution, direct that procedures and fees be amended or
modified to the satisfaction of the Council.
2. Approve the issuance of any permit applied for under
the provisions of this title.
3. Deny the issuance or renewal of any permit applied
for, or to revoke, suspend, or otherwise restrict any permit issued
under this title.
4. Order the correction or discontinuance of any
condition, activity, or use of any right-of-way that violates or is
contrary to any provision of this chapter or procedures adopted
under this chapter or other applicable codes or standards; or that
is being conducted without a right-of-way use permit.
5. Have all powers and remedies available under State
law, this title, and procedures adopted under this title for securing
the correction or discontinuance of any condition contrary to this
title.
6. Prioritize conflicting uses of the rights-of-way, or
deny any or all such uses or proposed uses.
7. Administer and coordinate the enforcement of this
title and all procedures adopted under this title.
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8. Advise the City Council, Mayor, City Administrator,
and other City departments on matters relating to applications for
use of rights-of-way.
9. Carry out such other responsibilities as required by
this title or other codes, ordinances, resolutions or procedures of
the City.
10. Request the assistance of other City departments to
administer and enforce this title, as necessary.
(Ord. 1995 §1 (part), 2002)
11.04.060 Appeals
A decision of the Director made in accordance with this title
shall be considered determinative and final. Any appeal must be
filed in Superior Court within 30 days of the date of issuance of the
final determination.
(Ord. 1995 §1 (part), 2002)
11.04.070 Hazardous Conditions on Public Right-of-
Way
It is unlawful for the owner and /or person occupying or having
charge or control of any premises abutting upon any public right-
of-way or alley in the City to construct, place, cause, create,
maintain or permit to remain upon any part of such right-of-way
located between the curbline or, if there is no curbline, then
between the adjacent edge of the traveled portion of such right-of-
way by the members of the general public, including but not limited
to the following conditions:
1. Defective sidewalk surfaces including, but not limited
to, broken or cracked cement, sub-toes, depressions within or
between sidewalk joints.
2. Defective cement surfaces placed adjacent to the
public sidewalk or defects at the juncture between such cement
surfaces and public sidewalks, including stub-toes or depressions
at the junction.
3. Defects in sidewalks or public ways caused or
contributed to by the roots of trees or similar growth or vegetation
located either on private adjoining property or on the parking strip
portion of any such street right-of-way.
4. Defective conditions caused by tree limbs, foliage,
brush or grass on or extending over such public sidewalks or
rights-of-way.
5. Defective conditions on the parking strip area
between the curbline and the sidewalk or, if there is no curbline,
then between the edge of the traveled portion of the street and the
sidewalk and between the sidewalk and the abutting property line.
6. Defects resulting from accumulation of ice and snow
on public sidewalks or on the right-of-way between the curbline or,
if there is no curbline, then between the adjacent edge of the
traveled portion of the street roadway and the abutting property
line.
7. Defects consisting of foreign matter on the public
sidewalks including, but not limited to, gravel, oil, grease, or any
other foreign subject matter that might cause pedestrians using
the sidewalk to fall, stumble or slip by reason of the existence of
such foreign matter.
8. Defective handrails or fences or other similar
structures within or immediately adjacent to said right-of-way area.
(Ord. 1995 §1 (part), 2002)
11.04.080 Compliance with One-Call, One-Number
Locator Service
All grantees shall, before commencing with any construction
in the right-of-way, comply with all regulations pertaining to the
One-Call, One-Number Locator System. Grantees shall also
subscribe to and maintain membership in the One-Call utility
location service, and shall promptly locate all of its facilities upon
request.
(Ord. 1995 §1 (part), 2002)
11.04.090 As-Built Drawings
A drawing of a completed project, in a form acceptable to the
Department and conforming to generally accepted engineering
practices, shall be submitted in duplicate to the Public Works
Department within 30 days of project completion. No bond money,
deposit, or fee shall be released until receipt of the drawings.
(Ord. 1995 §1 (part), 2002)
11.04.100 Violation – Penalty
A. The violation of or failure to comply with any provision of
this title is declared to be unlawful.
B. Any violation of any provision of this title is a criminal
violation as provided for in Chapter TMC 1.08.010, for which a
monetary penalty may be assessed and abatement may be
required as provided therein.
C. As an alternative to any other penalty provided by this
title or by law, any person who violates any provision of this title
shall be guilty of a misdemeanor.
D. In addition, any violation of any provision of this title is
hereby declared a public nuisance and is subject to the civil
enforcement provisions of TMC Chapter 8.45.
(Ord. 1995 §1 (part), 2002)
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CHAPTER 11.08
PERMITS
Sections:
11.08.010 Purpose
11.08.020 Definitions
11.08.030 Administration and Enforcement
11.08.040 Permit Required
11.08.050 Right-of-Way Use Permits
11.08.060 Application Contents
11.08.070 Preconstruction Meeting Required
11.08.080 Permit Approval and Conditions
11.08.090 No Permit Transfer or Assignment
11.08.100 Emergency Work
11.08.110 Permit Fees and Charges
11.08.120 Permit Exception
11.08.130 Revocation or Suspension of Permits
11.08.140 Renewal of Permits
11.08.150 Insurance
11.08.160 Deposits, Fees and Bonds
11.08.170 Hold Harmless
11.08.180 Compliance with Specifications, Standards, and
Traffic-Control Regulations
11.08.190 Inspections
11.08.200 Violations and Unsafe Conditions
11.08.210 Warning and Safety Devices
11.08.220 Clearance for Fire Equipment
11.08.230 Protection of Adjoining Property – Access
11.08.240 Preservation of Monuments
11.08.250 Protection from Pollution
11.08.260 Impact of Work on Existing Improvements
11.08.270 Restoration of the Right-of-Way
11.08.280 Recently Improved Streets
11.08.290 Coordination of Construction and Notification
11.08.300 Relocation
11.08.310 Abandonment and Removal of Facilities
11.08.320 Record Drawings
11.08.330 Joint Excavation
11.08.340 Addictional Ducts or Conduits
11.08.350 Undergrounding
11.08.360 Hazardous Substances
11.08.370 Utility Locates
11.08.380 Moving of Building(s) and/or Equipment
11.08.390 Tree Trimming
11.08.010 Purpose
A. The purpose of this chapter is to establish minimum rules
and regulations to govern activities within the right-of-way in the
City of Tukwila; and to provide for the fees, charges, warranties,
and procedures required to administer the permit process. To the
extent the provision of any current franchise or other written
agreement conflicts with any provision of this chapter, the
applicable provision of the franchise or other written agreement
shall prevail.
B. This code is enacted to protect and preserve the public
health, safety, and welfare. Its provisions shall be liberally
construed for the accomplishment of these purposes.
C. It is expressly the purpose of this code and any
procedures adopted hereunder to provide for and promote the
health, safety, and welfare of the general public, and not to create
or otherwise establish or designate any particular class or group
of persons who will or should be especially protected or benefited
by the terms of this code or any procedures adopted hereunder.
(Ord. 2682 §3, 2022)
11.08.020 Definitions
A. “Applicant” means a person who has submitted a
complete application pursuant to the terms and conditions of this
Chapter.
B. “Blanket Activities” means work that does not include
cutting, removing, or disturbing the pavement surface including:
1. Simple service disconnects for customers;
2. Repair or replacement of standard crossarms,
insulators, and/or other existing equipment on poles or bundles;
3. Replacement of blown fuses or limiters on cutouts;
4. Replacement of existing faulted, broken, or
damages overhead service drops;
5. Repairs or splices to existing overhead primary and
secondary wires;
6. Replacement of damaged poles with similar
dimensioned stock;
7. Operation of existing overhead primary switches, i.e.
the open and closing of overhead primary switches as necessary;
8. Disconnection of existing services due to non-
payment;
9. Changing wire type;
10. Installation of secondary conductors;
11. Accessing existing vaults;
12. Maintaining hydrants/vaults;
13. Raising or adjusting valves;
14. Vegetation management;
15. Replacing above-ground meters;
16. Installing water sampling stations;
17. Flushing activities, and lining pipes.
C. “City” means the City of Tukwila.
D. “Department” means the City of Tukwila’s Public Works
Department
E. “Director” means the City of Tukwila Public Works
Director or designee.
F. “Emergency” shall mean any unforeseen circumstance
or occurrence, the existence of which constitutes an immediate
danger to persons or property, or which causes interruption of
utility or public services.
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G. “Facility” or “Facilities” means any plant, equipment
and/or property, including but not limited to, overhead and
underground water, gas, electric, and telecommunication facilities
and appurtenances such as cables, wires, conduits, transformers,
conduit, substation, pad-mounted J boxes, switch cabinets, ducts,
pedestals, antennas, electronics, vaults, poles, meter boxes,
sewers, pipes, drains, and tunnels.
H. “Franchise Holder” means a person that was issued a
franchise agreement by the City and which franchise is not
expired.
I. “Permittee” means a person that has applied for and
received a permit pursuant to TMC Chapter 11.08.
J. “Person” means any individual, association,
partnership, corporation or legal entity, public or private, and
includes the agents, contractors, and assigns of such person,
including registered agents thereof.
K. “Preconstruction Meeting” means a meeting between
the designated City staff and the applicant’s contractor or
designee prior to beginning any construction activity on the site or
within the right-of-way to discuss project approval conditions and
preliminary requirements.
L. “Public Improvement” means any capital improvement,
maintenance, or repair that is undertaken by or on behalf of the
City within the franchise area and is funded by the City (either
directly or indirectly), including any capital improvement within the
City’s adopted Transportation Improvement Plan or Capital
Improvement Program.
M. “Right-of-Way” or “Rights-of-Way” means all public
streets and property granted or reserved for, or dedicated to,
public use for street purposes, together with public property
granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or
unimproved, including the air rights, sub-surface rights and
easements related thereto.
N. “Right-of-Way Use Permit” means any permit issued
pursuant to TMC Chapter 11.08.
O. “Right-of-Way User” means any person with any facility
in the Right-of-Way.
(Ord. 2682 §4, 2022)
11.08.030 Administration and Enforcement
A. The Director, under the authority of the City
Administrator, shall have the following administrative and
enforcement powers:
1. Prepare and adopt procedures as needed to
implement this chapter and to carry out the responsibilities of the
Department. Such procedures do not require approval of the City
Council to be initially implemented; however, the Council may take
Council action directing that procedures, guidelines, fees, or other
aspects of the permitting system be amended or modified to the
satisfaction of the Council.
2. Administer and coordinate the enforcement of this
chapter and all procedures adopted under this chapter relating to
the use of rights-of-way.
3. Carry out such other responsibilities as required by
this chapter or other codes, ordinances, resolutions, or procedures
of the City.
4. Request the assistance of other City departments to
administer and enforce this chapter, as necessary.
5. Render interpretations of this chapter or assign the
responsibility for interpretation and application of specified
procedures to such designees as may be deemed appropriate.
(Ord. 2682 §5, 2022)
11.08.040 Permit Required
A. It is unlawful for any person, except the Department or its
agent, to perform work of any kind in the right-of-way, or to make
private use of any right-of-way without obtaining a right-of-way use
permit pursuant to this chapter.
B. The decision by the City to issue a permit shall include,
among other factors determined by the City, the following:
1. The capacity of the right-of-way to accommodate the
facilities or structures proposed to be installed in the right-of-way.
2. The capacity of the right-of-way to accommodate
wire, cables, conduits, pipes or other facilities or structures of other
existing users of the right-of-way, such as electrical power,
telephone, gas, surface water, sewer, and water.
3. The damage or disruption, if any, of public or private
facilities, improvements, or landscaping previously existing in the
right-of-way.
4. The public interest in minimizing the cost and
disruption of construction in the right-of-way.
C. The issuance of a permit for use of a right-of-way is
subject to the use and needs of the City and the general public,
whether such needs are temporary or permanent, or for public or
private purposes (i.e., utility construction work in the right-of-way
by private service provider), and is a grant of a temporary
revocable privilege to use a portion of the right-of-way to serve and
benefit the general public. The applicant shall have the burden to
prove that any proposed use will enhance and further the public
interest consistent and not in conflict with the use of the right-of-
way by the general public and the City for other authorized uses
and activities.
(Ord. 2682 §6, 2022; Ord. 1995 §1 (part), 2002)
11.08.050 Right-Of-Way Use Permits
A. The following classes of right-of-way use permits are
hereby established:
1. Public Works Permit. These permits may be issued
to applicants who do not hold a current franchise with the City.
2. Public Works Franchise Permit. These permits
may be issued to applicants who do not hold a current franchise
with the City.
3. Annual Blanket Activities Permit. These permits
may be issued to franchise holders on an annual basis to
undertake blanket activities as defined by this chapter.
(Ord. 2682 §7, 2022; Ord. 1995 §1 (part), 2002)
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11.08.060 Application Contents
A. To obtain a right-of-way use permit, the applicant shall
submit, in the format and manner specified by the Director, an
application to the City.
B. Every application shall contain, as applicable:
1. The name, address, telephone number, and email
address of the applicant. Where an applicant is not the owner of
the facility to be installed, maintained or repaired in the right-of-
way, the application shall also include the name, address,
telephone number, and email address of the owner. Where the
applicant is not the owner of the facility or facilities to be installed,
maintained, or repaired, the applicant must demonstrate in a form
and manner specified by the Director their authorization to act on
behalf of the owner.
2. A description of the location, including the address
and GPS coordinates, nature and extent of the work proposed.
3. A site plan showing the location of the proposed
work.
4. If the applicant holds a franchise, easement,
encroachment permit, license or other legal instrument with the
City that authorizes the applicant or owner to use or occupy the
right-of-way for the purpose described in the application, the
applicant shall attach a copy of that document to the application.
5. The proposed start date and duration of the work,
which shall include the restoration of the right-of-way physically
disturbed by the work.
6. Written acknowledgment that the applicant will
comply with all terms and conditions of this title, the orders,
regulations, and standard plans and specifications as promulgated
by the Director; and that the applicant is not subject to any
outstanding assessments, fees or penalties that have been finally
determined by the City or a court of competent jurisdiction.
7. A current business license through the Washington
State Department of Revenue with an endorsement for the City of
Tukwila.
8. Evidence of insurance as required by TMC Section
11.08.150.
9. A financial guarantee as required by TMC
Section11.08.160.
10. A traffic control plan to be approved by the Director.
11. Any other information that may be reasonably
required by the Director.
12. An estimate of the value of the project. The Director
may also require an applicant to submit separate cost estimates
for each item of improvement.
13. An application fee as required by TMC
Section11.08.110.
C. The Director may allow an applicant to maintain
documents complying with TMC Sections 11.08.060.B,
subparagraphs 4, 8, 9 and 10 on file with the Department, rather
than requiring submission of such documents with each separate
application.
(Ord. 2682 §8, 2022; Ord. 1995 §1 (part), 2002)
11.08.070 Preconstruction Meeting Required
A preconstruction meeting may be required at the Director’s
discretion.
(Ord. 2682 §9, 2022)
11.08.080 Permit Approval and Conditions
A. If the Director finds that the application conforms to the
requirements and procedures of this chapter and and title, that the
proposed use of such right-of-way will not unduly interfere with the
rights and safety of the public, and if the application has not been
disapproved by another department with authority, the Director
may approve the permit, 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.
Such conditions may include but are not limited to:
1. Compliance with all applicable provisions of TMC
Title 11;
2. Compliance with applicable provisions of the
Infrastructure Design and Construction Standards Manual;
3. Limitations on the hour, the day and the period of the
year in which the work may be performed;
4. Requirement of a traffic control supervisor onsite
during approved working hours;
5. Installation and maintenance of temporary erosion
control measures, as applicable;
6. Pre-construction storm drainage patterns shall be
met during and after construction; and
7. Compliance with all applicable provisions of TMC
Chapters 8.45 and 14.30.
B. Additionally, if at any time conditions unforeseen at the time
of issuance of the permit are discovered which could, in the
opinion of the Director, cause unforeseen damage to public or
private property or a hazard to life or property or become a public
nuisance, the Director may stop any further work under the permit
until the permit conditions have been modified by the Director in
such a manner as to protect from or eliminate the potential
damages, hazards or nuisances enumerated in this chapter.
(Ord. 2682 §10, 2022; Ord. 1995 §1 (part), 2002)
11.08.090 No Permit Transfer or Assignment
Permits issued pursuant to this chapter shall not be
transferable or assignable unless prior written consent is received
from the City, and work shall not be performed under a permit in
any place other than that specified in the permit. Nothing herein
contained shall prevent a permittee from subcontracting the work
to be performed under a permit provided; however, the holder of
the permit shall be and remains responsible for the performance
of the work under the permit, and responsible for all bonding,
insurance and other requirements of this title and under said
permit.
(Ord. 2682 §11, 2022; Ord. 1995 §1 (part), 2002)
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11.08.100 Emergency Work
A. In the event that an emergency necessitates work in the
right-of-way for the protection of public or private property, a
person may conduct the work after the person performing the work
has notified the City’s Police and Fire Departments of such work
and an application for a permit as provided in this chapter shall be
made on the next succeeding business day whether or not the
emergency work has been completed.
B. The person commencing and conducting such
emergency work shall take all necessary safety precautions for the
protection of the public, the direction and control of traffic, and shall
insure that work is accomplished according to City standards,
regulations, the Manual on Uniform Traffic Control Devices, and
other applicable laws, regulations or generally recognized
practices in the industry.
C. Nothing contained in this chapter shall be construed to
prevent any person from taking any action necessary for the
preservation of life or property or for the restoration of interrupted
service when such necessity arises during days or times when the
City is closed.
(Ord. 2682 §12, 2022; Ord. 1995 §1 (part), 2002)
11.08.110 Permit Fees and Charges
A. The permit and inspection fees for any permit issued
pursuant to this chapter shall be set forth in a fee schedule to be
adopted by motion or resolution of the Tukwila City Council and as
amended from time to time.
B. As applicable, additional fees may be imposed as
follows:
1. A fee associated with the issuance of the permit and
the required inspection of the construction (Permit Issuance and
Inspection Fee), which is determined from the value of the
construction;
2. A Grading Plan Review fee.
3. A pavement mitigation fee associated with the loss
of pavement life from any proposed excavation in the right-of-way,
the fee amount determined from the square footage of excavation
being performed and the age of the pavement;
4. Each revision review, shall be charged as a separate
fee in accordance with the fee schedule adopted by resolution of
the City Council. These fees will be added to the balance due and
be payable prior to issuance or final of the permit.
(Ord. 2682 §13, 2022; Ord. 1995 §1 (part), 2002)
11.08.120 Permit Exception
Permits under this chapter shall not be required for public use;
i.e., persons using the right-of-way as pedestrians or while
operating motor and non-motorized vehicles for routine purposes
such as travel, commuting, or personal business.
(Ord. 2682 §14, 2022; Ord. 1995 §1 (part), 2002)
11.08.130 Revocation or Suspension of Permits
A. The Director may revoke or suspend any permit issued
under this chapter whenever:
1. The activity or work does not proceed in accordance
with the permit as approved, in accordance with conditions of
approval, or is not in compliance with the requirements of this
chapter or procedures, or other City ordinances, or State laws;
2. The City has been denied access to investigate and
inspect how the right-of-way is being used;
3. The permittee has misrepresented a material fact in
applying for a permit (a material fact is a fact which, had the truth
been known at the time of the issuance of the permit, the permit
would not have been granted);
4. The City believes the permitted activity is, or will be,
endangering the public, adjoining property, the street, or
infrastructure in the street.
B. Upon suspension or revocation of a permit, all use of the
right-of-way shall cease, except as authorized by the Director.
C. Continued activity following revocation or suspension
under this section shall be subject to the enforcement provisions
in TMC Chapter 8.45.
(Ord. 2682 §15, 2022; Ord. 1995 §1 (part), 2002)
11.08.140 Renewal of Permits
Each permit shall be of a duration as specified on the permit.
A permit may be renewed at the discretion of the Director, if
requested by the permit holder before expiration of the permit;
provided, however, that the use or activity is progressing in a
satisfactory manner as reasonably determined by the Director.
(Ord. 2682 §16, 2022; Ord. 1995 §1 (part), 2002)
11.08.150 Insurance
A. Unless the Director determines that there is not a
probability of injury, damage, or expense to the City arising from
an applicant’s proposed use of the right-of-way or public place, or
the applicant holds a current franchise with the City, the applicant
shall obtain and maintain in full force and effect, throughout the
term of the permit, or as long as the permittee has facilities in the
right-of-way, an insurance policy issued by an insurance company
satisfactory to the Director, insuring both the applicant and the City
against claims for injuries to persons, death or damages to
property that may arise from, or in connection with, the exercise of
the rights, privileges and authority granted to the applicant under
this chapter:
1. Commercial general liability insurance written on an
occurrence basis. The insurance policy shall be endorsed to
provide a per project general aggregate and there shall be no
exclusive for liability arising from explosion, collapse, or
underground property damage. The policy shall have limits not
less than:
a. $3,000,000 for bodily injury, property damage,
products-completed operations, stop gap liability, personal injury
and advertising injury, and liability assumed under an insured
contract;
b. $6,000,000 general aggregate, per project
aggregate and products-completed operations aggregate.
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2. Business automobile liability insurance with limits
not less than $2,000,000 each occurrence combined single limit
for bodily injury and property damage, including owned, non-
owned, and hired auto coverage, as applicable.
3. Pollution liability insurance, on an occurrence form,
with limits not less than $1,000,000 each occurrence combined
single limit for bodily injury and property damage, and $2,000,000
in the aggregate.
4. Worker’s compensation within statutory limits and
employer’s liability insurance, with limits of not less than
$1,000,000.
5. Excess or umbrella liability policy shall be excess
over and at least as broad in coverage as the commercial general
liability and automobile liability insurance, with limits not less than
$5,000,000 per occurrence and annual aggregate.
6. Said policy or policies shall include the City and its
officers, officials (appointed and elected), employees, and agents
jointly and severally as additional insureds, shall apply as primary
insurance, shall stipulate that no insurance affected by the City will
be called on to contribute to a loss covered there under, and shall
provide for severability of interests.
7. Underwriters shall have no right of recovery or
subrogation against the City, it being the intent of the parties that
the insurance policy so affected shall protect both parties and be
primary coverage for any and all losses covered by the described
insurance.
8. The insurance companies issuing the policy or
policies shall have no recourse against the City for payment of any
premiums due or for any assessments under any form of any
policy
9. Any failure to comply with reporting provisions of the
policy shall not affect coverage provided to the City, its employees,
officers, officials, agents, volunteers, and assigns.
10. Each insurance policy shall be endorsed to state that
the coverage shall not be suspended, voided, cancelled, or
reduced in coverage or in limits, except after 30 days’ prior written
notice by certified mail, return receipt requested sent to the City.
11. Each policy shall be endorsed to indemnify, save
harmless and defend the City and its officers, officials (appointed
and elected), employees, and agents against any claim or loss,
damage or expense sustained on account of damages to persons
or property occurring by reason of permit work done by permittee,
his/her subcontractor or agent, whether or not the work has been
completed and whether or not the right-of-way has been opened
to public travel.
12. Each policy shall be endorsed to indemnify, hold
harmless and defend the City, and its officers, officials (appointed
and elected), employees, and agents against any claim or loss,
damage or expense sustained by any person occurring by reason
of doing any work pursuant to the permit including, but not limited
to, falling objects or failure to maintain proper barricades and/or
lights as required from the time work begins until the work is
completed and the right-of-way is opened for public use.
B. The permittee shall furnish the City with certificates of
insurance and original endorsements affecting coverage required
by the permit. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The City expressly reserves
the right to require complete, certified copies of all required
insurance policies at any time. Consequently, the permittee shall
be prepared to provide such copies prior to the issuance of the
permit.
C. If any of the required policies are, or at any time become,
unsatisfactory to the City as to form or substance, or if a company
issuing any such policy is, or at any time becomes, unsatisfactory
to the City, the permittee shall promptly obtain a new policy, submit
the same to the City for approval, and thereafter submit verification
of coverage as required by the City. Upon failure to furnish, deliver
and maintain such insurance as provided herein, the City may
declare the permit to be in default and pursue any and all remedies
the City may have at law or in equity, including those actions
outlined in this chapter.
D. The permittee shall include all subcontractors as insured
under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all the requirements stated
herein.
E. A property owner performing work adjacent to his/her
residence may submit proof of a homeowner’s insurance policy in
lieu of the insurance requirements of this section.
(Ord. 2682 §17, 2022; Ord. 1995 §1 (part), 2002)
11.08.160 Deposits, Fees and Bonds
A. Before a permit pursuant to the provisions of this chapter
may be issued, the applicant may be required, unless otherwise
provided in a current franchise, to execute to the City a financial
guarantee in a form as approved by the City for the proper
protection of the City and conditioned that obligors of the financial
guarantee will pay to the City the costs and expenses incurred by
the City should the person obtaining the permit fail, neglect or
refuse to properly complete the work authorized by the permit
within the time limit specified by said permit. Such financial
guarantees are as follows:
1. Performance Financial Guarantee – In a sum as
shall be designated by the Director (but not less than 150% of the
estimated cost of the improvements within the right-of-way). This
financial guarantee shall be released upon acceptance of the work
and the receipt of a maintenance financial guarantee. Otherwise,
it will be released under the same time frame as outlined in TMC
Section 11.08.160.A.2.
2. Right-of-Way Occupation Financial Guarantee – In
a sum of not less than $5,000. Permits allowing right-of-way
obstructions, not including the take up, breaking, excavating,
tunneling, undermining, or cutting in any right-of-way in the City,
may be allowed to provide a financial guarantee pursuant to this
subsection. The Director may release the financial guarantee,
without requiring a subsequent maintenance financial guarantee
per TMC Section 11.08.160.A.3, once the work has been accepted
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as complete by a city inspector and the permit is finaled and
closed.
3. Maintenance Financial Guarantee – In a sum as
shall be designated by the Director (but not less than $5,000
or 10% of the estimated cost of the improvements within the
right-of-way, whichever is greater). This financial guarantee will
be in force for 2 years after the City accepts the work if no repair
work is identified within that 2-year period. If the City identifies any
repair work, the financial guarantee will extend to either 1 year
after the repair is accepted by the City or the end of the original 2-
year time period, whichever is longer. At the Director’s discretion,
this maintenance financial guarantee may be waived if the Director
documents in writing a decision that a financial guarantee is not
necessary to protect the interests of the City.
4. The amount of the financial guarantees required
above may be increased or decreased at the discretion of the
Director whenever it appears that the amount and cost of the work
to be performed may vary from the amount of the security
otherwise required under this chapter.
B. Public utilities holding a current City franchise shall not
be required to file any right-of-way financial guarantee if such
requirement is expressly waived in the franchise documents,
however public utilities franchisees shall guarantee workmanship
and materials through a maintenance financial guarantee.
C. The security required by this section shall be conditioned
as follows:
1. That the permittee shall fully comply with the
requirements of the City ordinances and regulations,
specifications and standards promulgated by the Department
relative to work in the right-of-way, and respond to the City in
damages for failure to conform therewith;
2. That after work is commenced, the permittee shall
proceed with diligence and shall promptly complete such work and
restore the right-of-way to City standards, so as not to obstruct the
public place or travel thereon more than is reasonably necessary;
3. That unless authorized by the Director on the permit,
all paving, resurfacing or replacement of street facilities on
principal arterial, major or collector streets shall be done in
conformance with the regulations contained herein within three
calendar days, and within seven calendar days from the time the
excavation commences on all other streets, except as provided for
during excavation in winter or during weather conditions which do
not allow paving according to City standards. In winter, a
temporary patch must be provided. In all excavations, restoration
or pavement surfaces shall be made immediately after backfilling
is completed or concrete is cured. If work is expected to exceed
the above duration, the permittee shall submit a detailed
construction schedule for approval. The schedule will address
means and methods to minimize traffic disruption and complete
the construction as soon as reasonably possible.
D. In lieu of a financial guarantee to cover particular work, an
applicant may maintain with the City a general bond in the sum of
$100,000 conditioned and used for the same purpose as the
financial guarantee described in TMC Section 11.08.160.A and
covering all work to be done rather than any particular work,
provided, however, that the total work being performed shall not
exceed a cumulative total of $100,000. The applicant shall track
and submit with each new permit the applicant’s approved permits
that are covered by this financial guarantee and include: permit
number, date of approval, and date work is complete.
(Ord. 2682 §18, 2022; Ord. 1995 §1 (part), 2002)
11.08.170 Hold Harmless
Unless the permittee holds a current franchise with the City,
as a condition to the issuance of any permit under this chapter, the
permittee shall be required to execute a written agreement to
forever hold and save the City free and harmless from any and all
claims, actions or damages of every kind and description that may
accrue to or be suffered by any person by reason of the use of
such public place or the construction, existence, maintenance, use
or occupation of any such structure, services, fixtures, equipment
and/or facilities on or in a public place pursuant to this chapter. In
addition, such agreement shall contain a provision that the permit
is wholly of a temporary nature, and that it vests no permanent
right whatsoever.
(Ord. 2682 §19, 2022; Ord. 1995 §1 (part), 2002)
11.08.180 Compliance with Specifications, Standards,
and Traffic-Control Regulations
A. The work performed in the right-of-way shall conform to
the requirements of the Department’s Infrastructure Design and
Construction Standards, Manual on Uniform Traffic Control
Devices, King County Surface Water Design Manual, Part VIII,
“Regulations for Use of Public Streets and Projections over Public
Property,” International Building Code, and the Tukwila Municipal
Code as currently exists and as hereafter amended.
B. When a job is left unattended, before completion of the
work, signage with minimum two-inch high letters shall be
attached to a barricade or otherwise posted and maintained at the
site, indicating the permittee’s name, or company name, telephone
number, and after-hours telephone number.
(Ord. 2682 §20, 2022; Ord. 1995 §1 (part), 2002)
11.08.190 Inspections
As a condition of issuance of any permit or authorization that
requires approval of the Department, each permittee shall be
required to consent to inspections by the Department or any other
City department. Additionally, the permittee is obligated to request
a final inspection to close out the permit.
(Ord. 2682 §21, 2022; Ord. 1995 §1 (part), 2002)
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11.08.200 Violations and Unsafe Conditions
A. Whenever the Director determines that any condition on
any right-of-way is in violation of (i) this chapter, or (ii) procedures
adopted under this chapter or other applicable codes or standards,
the Director may order the correction or discontinuance pursuant
to this section.
B. The Director is authorized to use any or all of the
following methods in ordering correction or discontinuance:
1. Service of oral or written directives to the permittee
or other responsible person requesting immediate correction or
discontinuance of the specified condition;
2. Service of a written notice of violation, ordering
correction or discontinuance of a specific condition or activity
within five days of notice, or such other reasonable period the
Director may determine;
3. Issuance of an order to immediately stop work until
authorization is received from the City to proceed with such work;
4. Revocation of previously granted permits where the
permittee or other responsible person has failed or refused to
comply with requirements imposed or notices served;
5. Service of notice and order or service of a criminal
citation to appear by a law enforcement officer upon the permittee
or other responsible person who is in violation of this chapter or
other City ordinances.
C. Any object that shall occupy any right-of-way without a
permit is declared a nuisance. The Director may attach a notice
to any such object stating that if it is not removed from the right-of-
way within 24 hours of the date and time stated on the notice, the
object may be taken into custody and stored at the owner’s
expense. The notice shall provide an address and telephone
number where additional information may be obtained. If the
object is a hazard to public safety, the Director may remove it
summarily. Notice of such removal shall be thereafter given to the
owner, if known. This section shall not apply to motor vehicles.
D. All expenses incurred by the City in abating any violation
or condition 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 who placed it in the right-of-way, which debt shall be
collectible in the same manner as any other civil debt.
E. The City shall also have all powers and remedies
whether legal or equitable that may be available under law or
ordinance including but not limited to TMC Chapter 8.45, TMC
Chapter 11.08, and procedures adopted under this chapter for
securing the correction or discontinuance of any conditions
specified by the City.
(Ord. 2682 §22, 2022; Ord. 1995 §1 (part), 2002)
11.08.210 Warning and Safety Devices
A. Warning lights, safety devices, signs, and barricades
shall be provided on all rights-of-way when there might be an
obstruction or hazard to vehicular or pedestrian traffic. All
obstructions on rights-of-way shall have sufficient barricades and
signs posted in such a manner as to indicate plainly the danger
involved. Warning and safety devices may be removed when the
work for which the right-of-way use permit has been granted is
complete and the right-of-way restored to the conditions directed
by the Department.
B. As a condition of the issuance of any permit issued
pursuant to this chapter, the Director may require an applicant to
submit a traffic control plan showing any proposed detour routing
and location and the type of warning lights, safety devices, signs,
and barricades intended to protect vehicular or pedestrian traffic
at the site for which the right-of-way use permit is requested. If a
traffic control plan is required, no permit shall be issued until after
the traffic control plan is approved.
C. Any permit issued pursuant to this chapter that requires
a partial lane or street closure may require a traffic control
supervisor; certified flag person, properly attired; or an off-duty
police officer for the purpose of traffic control during construction.
D. All decisions of the Director shall be final in all matters
pertaining to the number, type, locations, installation and
maintenance of warning and safety devices in the right-of-way
during any actual work or activity for which a duly authorized
permit has been issued pursuant to this chapter.
(Ord. 2682 §24, 2022; Ord. 1995 §1 (part), 2002)
11.08.220 Clearance for Fire Equipment
Unless when specifically authorized by the Director, all
excavation work shall be performed and conducted so as not to
interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment
shall be kept free from obstructions at all times.
(Ord. 2682 §25, 2022; Ord. 1995 §1 (part), 2002)
11.08.230 Protection of Adjoining Property – Access
Right-of-way users shall at all times, and at the right-of-way
user’s expense, preserve and protect from injury adjoining
property by complying with such measures as the Director may
deem reasonably suitable for such purposes. Right-of-way users
shall at all times maintain access to all property adjoining the
excavation or work site.
(Ord. 2682 §26, 2022; Ord. 1995 §1 (part), 2002)
11.08.240 Preservation of Monuments
Right-of-way users shall not disturb any survey monuments
or markers found on the line of excavation work until ordered to do
so by the Director. All street monuments, property corners,
benchmarks, and other monuments disturbed during the progress
of the work shall be replaced by a licensed surveyor, at the
expense of the right-of-way user, to the satisfaction of the Director.
(Ord. 2682 §27, 2022; Ord. 1995 §1 (part), 2002)
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11.08.250 Protection from Pollution
Right-of-way users shall comply with all State laws, City
ordinances, and procedures adopted hereunder by the Director to
protect the public from air and water pollution. Right-of-way users
shall provide for the flow of all watercourses, sewers or drains
intercepted during the excavation work, and shall replace the
same in as good or better condition as the right-of-way user found
them. Right-of-way users shall not obstruct the gutter of any
street, but shall use all proper measures to provide for the free
passage of surface water. Right-of-way users shall make
provision to take care of all surplus water, muck, silt, or other runoff
pumped from excavations or resulting from sluicing or other
operations, and shall be responsible for any damage resulting
from their failure to so provide.
(Ord. 2682 §28, 2022; Ord. 1995 §1 (part), 2002)
11.08.260 Impact of Work on Existing Improvements
A. If any sidewalk or curb ramp is blocked by excavation
work, a temporary sidewalk or curb ramp shall be constructed or
provided. Said temporary improvement shall be safe for travel,
convenient for users, and consistent with City standards.
B. Each right-of-way user shall cover an open excavation
with non-skid steel plates ramped to the elevation of the
contiguous street, pavement, or other right-of-way, or otherwise
protected in accordance with City standards.
C. All excavated material that is piled adjacent to any
excavation shall be maintained in such a manner so as not to
endanger those working in the excavation, pedestrians, or users
of the right-of-way. When the confines of the area being
excavated are too small to permit the piling of excavated material
next to the excavation, the Director shall have the authority to
require the right-of-way user to haul the excavated material to a
storage site and then return the excavated material to the
excavation at the time of backfilling. It is the responsibility of the
right-of-way user to secure the necessary permission and make
all arrangements for any required storage and disposal of
excavated material.
D. At any time a right-of-way user disturbs the yard,
residence or the real or personal property of a private property
owner or the City, such right-of-way user shall insure, at the right-
of-way user’s expense, that such property is returned, replaced
and/or restored to a condition that is comparable to or better than
the condition that existed prior to the commencement of the work,
as determined by the private property owner or the City.
E. Existing drainage channels, such as gutters or ditches,
shall be kept free of dirt or other debris so that natural flow will not
be interrupted. When it is necessary to block or otherwise interrupt
flow of the drainage channel, a method of rerouting the flow must
be submitted for approval by the Director prior to the blockage of
the channel.
(Ord. 2682 §29, 2022; Ord. 1995 §1 (part), 2002)
11.08.270 Restoration of the Public Right-Of-Way
A. Restoration. If work is undertaken in the right-of-way,
the right-of-way user shall restore the right-of-way in the manner
prescribed by the orders, regulations, and City standards.
B. Backfilling in a right-of-way excavated pursuant to a
permit issued under the provisions of this chapter shall be
compacted to a degree equivalent to that of the undisturbed
ground in which the excavation was begun, unless the Director
determines a greater degree of compaction is necessary to
produce a satisfactory result. All backfilling shall be accomplished
according to City standards and specifications. All backfills shall
be inspected and approved by the Director prior to any overlaying
or patching.
C. The right-of-way user shall restore the surface of any
right-of-way to City standards, and replace any removed or
damaged pavement with the same type and depth of pavement as
that which is adjoining, including the gravel base material. All
restoration shall be accomplished within the time limits set forth in
the permit.
(Ord. 2682 §30, 2022; Ord. 1995 §1 (part), 2002)
11.08.280 Recently Improved Streets
The City shall not issue any permit to excavate in any recently
improved street as defined at TMC Chapter 11.04; provided,
however, that the Director may grant a waiver for good cause. The
Director is specifically authorized to grant a waiver for an
excavation that facilitates deployment of new technology as
directed pursuant to official City policy. The Director may place
additional conditions on a permit subject to a waiver. The
Director’s decision regarding a waiver shall be final.
(Ord. 2682 §31, 2022; Ord. 1995 §1 (part), 2002)
11.08.290 Coordination of Construction and
Notification
A. At the time of submitting an application for a permit, the
applicant shall notify all other entities known to be using or
proposing to use the same right-of-way as the applicant’s
proposed construction, and the proposed timing of such
construction. Any such entity notified may, within seven days of
such notification, request a reasonable delay in the
commencement of such proposed construction for the purpose of
coordinating other right-of-way construction with that proposed by
the applicant.
B. The Director shall coordinate the approval of permits with
City street improvements and maintenance and may defer or delay
the commencement date for the applicant’s right-of-way
construction, until such time as such official deems proper. In all
cases, any work of the City, its contractors, or employees for
municipal purposes shall have precedence over all work of every
other kind.
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C. Before commencing construction, the permittee shall
provide notice to all adjoining properties that access onto the
roadway work location, or are within 200 linear feet from the
roadway work location. Notification shall be done no less than 3
days prior to the work commencing and shall be in the form of
signage, door hangers, or door-to-door distribution of flyers.
Notifications shall include contact information for the applicant or
contractor doing the work.
(Ord. 2682 §32, 2022; Ord. 1995 §1 (part), 2002)
11.08.300 Relocation
A. Unless otherwise provided for in a current franchise, the
Director may direct any right-of-way user owning or maintaining
facilities in the right-of-way to alter, modify, or relocate such
facilities or as may be required herein.
B. Within 30 days following written notice from the Director,
the right-of-way user shall provide a schedule to the City indicating
the estimated completion date for temporarily or permanently
removing, relocating, changing, or altering (collectively the
“relocation work”) the position of any facilities within the right-of-
way whenever the Director shall have determined that such
removal, relocation, change, or alteration is reasonably necessary
for:
1. A public improvement; or
2. The construction, repair, maintenance, or installation
of any improvement in or upon the right-of-way as required by
development approval; or
3. The operations of the City or other governmental
entity in or upon the right-of-way.
C. The right-of-way user owning or maintaining the facilities
shall, at their own cost and expense, promptly protect or promptly
alter or relocate such facilities, or part thereof, within 90 days
following the original notice by the Director, unless a different
duration is specifically authorized by the Director.
D. In the event that the right-of-way user refuses or
neglects to conform to the directive of the City, the City shall have
the right to break through, remove, alter or relocate such part of
the facilities without liability to the right-of-way user. The right-of-
way user shall pay to the City all costs incurred by the City in
connection with such work performed by the City, including, but
not limited to, design, engineering, construction, materials,
insurance, court costs, and attorney fees. Upon the right-of-way
user’s failure to accomplish such work or reimburse the City of
such costs, and after 3 working days’ notice, all other permits held
by the right-of-way user may be suspended, except in only an
emergency, until such time as the work required under this section
is completed or the City has been reimbursed for work performed.
E. The City may, at any time, in case of fire, disaster or other
emergency as determined by the City, cut or move any parts of the
system and appurtenances on, over or under the right-of-way, in
which event the City shall not be liable therefore to the right-of-way
user.
(Ord. 2682 §33, 2022; Ord. 1995 §1 (part), 2002)
11.08.310 Abandonment and Removal of Facilities
A. Any right-of-way user that intends to discontinue use of
any facilities within the rights-of-way shall notify the Director, in
writing, of the intent to discontinue use. Such notice shall describe
the facilities for which the use is to be discontinued, a date of
discontinuance of use (the date shall not be less than 30 days from
the date such notice is submitted), and the method of removal and
restoration of the rights-of-way. The right-of-way user may not
remove, destroy, or permanently disable any such facilities during
said 30-day period without written approval of the Director. After
60 days from the date of such written approval from the Director,
the right-of-way user shall remove and dispose of such facilities as
set forth in the notice unless additional time is requested from and
approved by the Director. The Director may place conditions upon
the removal and restoration in order to protect public health and
safety and the rights-of-way.
B. At the discretion of the City, and upon written notice from
the Director within 30 days of the notice of abandonment, the right-
of-way user may abandon the facilities in place, and shall further
convey full title and ownership of such abandoned facilities to the
City. The consideration for the conveyance is the City’s
permission to abandon the facilities in place. The right-of-way user
is responsible for all obligations as owner of the facilities, or other
liabilities associated therewith, until conveyance to the City is
completed. Conveyance of the abandoned facilities shall also
automatically include all record information, including GIS data as
available, or as agreed upon with the Director.
(Ord. 2682 §34, 2022; Ord. 1995 §1 (part), 2002)
11.08.320 Record Drawings
Upon request by the City, a right-of-way user shall, within 10
business days, submit to the City, at no cost to the City, the right-
of-way user’s most current and accurate record drawings in use
by the right-of-way user showing the location specified by the City
in its request before final permit approval. Record drawings shall
show all facilities including but not limited to power poles, guy
poles and anchors, overhead transformers, pad-mounted
transformers, submersible transformers, conduit, substation (with
its name) pedestals, pad-mounted J boxes, vaults, switch
cabinets, and meter boxes.
(Ord. 2682 §35, 2022)
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11.08.330 Joint Excavation
A. If an applicant submits a permit application to excavate
for installation of its facilities, the City may request in writing that
such applicant provide an opportunity to install City facilities within
the excavation; provided, that:
1. Such joint use shall not unreasonably delay the work
of the applicant’s excavation; and
2. Such joint use shall be arranged and accomplished on
terms and conditions satisfactory to both parties.
B. To the extent reasonably possible, the applicant shall, at
the direction of the City, cooperate with the City and provide other
private utility companies with the opportunity to utilize joint or
shared excavations in order to minimize disruption and damage to
the right-of-way as well as to minimize traffic-related impacts.
(Ord. 2682 §36, 2022)
11.08.340 Additional Ducts or Conduits
Any right-of-way user shall upon written request of the City,
provide the City with additional duct or conduit space over and
above the conduit or conduits planned to be constructed for the
right-of-way user. 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. Except as otherwise applicable under RCW
35.99.070, the incremental costs of adding the specified ducts and
conduits for the City shall be borne by the City.
(Ord. 2682 §37, 2022)
11.08.350 Undergrounding
A. Subject to and in accordance with any applicable rates
and tariffs on file with the Washington Utilities and Transportation
Commission (WUTC) (or such other regulatory agency having
jurisdiction), the right-of-way user shall cooperate with the City in
promoting a policy of undergrounding facilities within the right-of-
way.
B. If the City directs the right-of-way user to underground its
facilities, such undergrounding shall be arranged and
accomplished subject to and in accordance with applicable rates
and tariffs on file with the WUTC (or such other regulatory agency
having jurisdiction).
C. In the event that the City undertakes any public
improvement that would otherwise require, at the discretion of the
Director, the relocation of the right-of-way user’s aboveground
facilities, the Director may, by written notice to the right-of-way
user, 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).
D. All new facilities installed within the City during the term
of any permit or franchise shall be located underground to the
extent technologically feasible as determined at the discretion of
the Director.
(Ord. 2682 §38, 2022)
11.08.360 Hazardous Substances
Right-of-way users shall not introduce or use any hazardous
substances (chemical or waste) in violation of any applicable law
or regulation, and the right-of-way user shall not allow any of its
agents, contractors, or any person under its control to do the
same.
(Ord. 2682 §39, 2022)
11.08.370 Utility Locates
Prior to doing any work in the rights-of-way, right-of-way users
shall follow established procedures, including contacting the Utility
Notification Center in Washington and complying with all
applicable State statutes regarding the One Call Locator Service
pursuant to Chapter 19.122 RCW. Further, upon request by the
City or a third party, the right-of-way user shall promptly locate its
facilities in order for them to be surveyed or as required by Chapter
19.122 RCW. The right-of-way user shall provide enough detail to
verify the vertical (depth) and horizontal location of its facilities.
The City shall not be liable for any damages to the right-of-way
user’s facilities or for interruptions in service to right-of-way user’s
customers that are a direct result of the right-of-way user’s failure
to locate its facilities within the prescribed time limits and
guidelines established by the One Call Locator Service regardless
of whether the City issued a permit.
(Ord. 2682 §40, 2022)
11.08.380 Moving of Building(s) and/or Equipment
Right-of-way users shall, upon 7 days’ notice, disconnect or
move their facilities to allow for the moving of building(s) and/or
equipment across or along any such street, alley or other public
place; provided, 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 the right-
of-way user moving their facilities shall be borne as follows: (i) by
the right-of-way user if the facilities are below the minimum vertical
clearance required by State statutes, City ordinance, or rules of
the Director; above the surface of the right-of-way, and no
adjustment would be necessary if the minimum clearance had
been maintained; and (ii) by the person desiring to move the
building(s) and/or equipment under other circumstances.
(Ord. 2682 §41, 2022)
11.08.390 Tree Trimming
Any right-of-way user required by State statute or regulation
to trim or remove trees that may interfere with their facilities shall
first obtain a permit and ensure that the work is accomplished in
accordance with TMC Chapter 11.20, “Right-of-Way Vegetation,”
and TMC Section 18.52.100, “Maintenance and Pruning,” as
appliable.
(Ord. 2682 §42, 2022)
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CHAPTER 11.12
REQUIRED IMPROVEMENTS FOR
NEW BUILDINGS AND DEVELOPMENTS
Sections:
11.12.010 Purpose of Provisions
11.12.020 Statute Adopted by Reference
11.12.030 Street Frontage Improvements
11.12.040 Dedication of Right-of-Way
11.12.050 Easements and Other Dedications
11.12.060 Sites Shall be Served by Paved Streets
11.12.070 Special Provisions – Additions, Alterations, or
Repairs to Existing Structures
11.12.080 Special Provisions –
Single-Family Residence
11.12.090 Inspections
11.12.100 Landscaping in Right-of-Way, Easements, and
Access Tracts
11.12.110 Street Lighting
11.12.120 Private Streets
11.12.130 Acceptance of Dedicated Private Streets as Public
Streets
11.12.140 Americans with Disabilities Act
11.12.150 Nonmotorized Facilities
11.12.160 Traffic Signals
11.12.170 Street Ends
11.12.010 Purpose of Provisions
The purpose of this section is to implement regulations in
connection with the development and improvement of land, and to
facilitate adequate provision for water, sewer, surface water
drainage, curbs, gutters, sidewalks, driveways, street and other
public improvements by requiring the construction and dedication
of such improvements at the time of the construction of industrial,
commercial, or residential buildings or developments. The
requirements set forth in this chapter are intended to supplement
the requirements of RCW Chapter 58.17 and Title 17 of the
Tukwila Municipal Code relating to subdivision of land.
(Ord. 1995 §1 (part), 2002)
11.12.020 Statute Adopted by Reference
For purposes of this chapter, those factors set forth in RCW
58.17.110 as it currently exists and as hereafter amended are
adopted by reference as constituting the conditions to be
considered in the approval or disapproval of any building or
development permit.
(Ord. 1995 §1 (part), 2002)
11.12.030 Street Frontage Improvements
(See TMC Title 17 for further detail)
A. The installation of street frontage improvements is
required prior to issuance of a certificate of occupancy for new
construction, other than single-family homes, or prior to final
approval for subdivisions and 5–9 lot short plats and Planned
Residential Developments. For additions and remodels to existing
buildings, see TMC Section 11.12.070.
B. Complete street frontage improvements shall be installed
along the entire frontage of the property at the sole cost of the
permittee as directed by the Director. Street frontage
improvements may include curb, gutter, sidewalk, storm drainage,
street lighting, traffic signal equipment, utility installation or
relocation, landscaping strip, street trees and landscaping,
irrigation, street widening, and channelization. Beyond the
property frontage, the permittee shall provide ramps from the new
sidewalk or walkway to the existing shoulder, and pavement and
channelization tapering back to the existing pavement and
channelization as needed for safety.
C. When (due to site topography, city plans for improvement
projects, or other similar reasons) the Director determines that
street frontage improvements cannot or should not be constructed
at the time of building construction, the property owner shall, prior
to issuance of the building permit, at the direction and discretion
of the Director:
1. Enter into an agreement to pay to the City an amount
equal to the property owner’s cost of installing the required
improvements. At the direction and discretion of the Director, the
property owner shall be required to provide a bond or other
financial security for its payment obligation. The property owner
shall provide documentation satisfactory to the Director that
establishes the cost of the materials, labor, and quantities; or
2. Record an agreement which provides for these
improvements to be installed by the property owner by a date
acceptable to the Director; or
3. Record an agreement to not protest a local
improvement district to improve the street frontage.
D. If, at a time subsequent to the issuance of a building
permit, a local improvement district is established that includes the
property for which the building permit was issued, the property
may be considered in the compilation of the local improvement
district assessment with the appropriate amount of costs of
construction expended by the developer.
E. The Director under either of the following conditions may
waive the requirement for installation of frontage improvements:
1. If adjacent street frontage improvements are unlikely
to be installed in the foreseeable future; or
2. If the installation of the required improvement would
cause significant adverse environmental impacts.
(Ord. 2470 §1, 2015; Ord. 1995 §1 (part), 2002)
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11.12.040 Dedication of Right-of-Way
A. The City may require the dedication of right-of-way in
order to incorporate transportation improvements that are
reasonably necessary to mitigate the direct impacts of the
development. The property owner may be required to dedicate
right-of-way to accommodate:
1. Motorized and nonmotorized transportation,
landscaping, utility, street lighting, traffic control devices, and
buffer requirements;
2. Street frontage improvements where the existing
right-of-way is not adequate; or
3. The extension of existing or future public street
improvements.
B. The Director may grant some reduction in the minimum
right-of-way requirements where it can be demonstrated that
sufficient area has been provided for all frontage improvements,
including utilities, within the right-of-way.
C. The owner of a subdivision may be required to dedicate
right-of-way, as a condition of approval of the subdivision, where
existing right-of-way for public streets is not adequate to
incorporate necessary frontage improvements for public safety
and to provide compatibility with the area’s circulation system.
D. The owner of a short subdivision may be required to
dedicate right-of-way, as a condition of approval of the short
subdivision, where such dedication is necessary to mitigate the
direct impacts of the short subdivision and:
1. The short subdivision abuts an existing substandard
public street and the additional right-of-way is necessary to
incorporate future frontage improvements for public safety; or
2. Right-of-way is needed for the extension of existing
public street improvements necessary for public safety; or
3. Right-of-way is needed to provide future street
improvements necessary for public safety for planned new public
streets.
(Ord. 1995 §1 (part), 2002)
11.12.050 Easements and Other Dedications
A. Easements and other dedications for all public streets
and utilities needed to serve the proposed development consistent
with the provisions of the Comprehensive Plan and other adopted
City plans shall be granted by the property owner. Easements and
other dedications may be for private streets, sidewalks, street
lighting, traffic control devices, utilities, and temporary
construction. Design features of a street may necessitate the
granting of slope, wall, and drainage easements or other
dedications.
B. Nonmotorized easements and other dedications may be
required where necessary to facilitate pedestrian circulation
between neighborhoods, schools, shopping centers and other
activity centers, even if the facility is not specifically shown on the
City’s nonmotorized circulation plan.
C. Nonmotorized easements and other dedications shall be
wide enough to include the trail width and a minimum clear
distance of two feet on each side of the trail. The width of
easements and other dedications may vary according to site-
specific design issues such as topography, buffering, and
landscaping.
D. Easements and other dedications shall be designated
“City of Tukwila nonmotorized public easement”, and easement
and other dedication documents shall specify the maintenance
responsibility.
E. The City may accept dedications of sensitive areas which
have been identified and are required to be protected as a
condition of development. Dedication of such areas to the City will
be considered when:
1. The dedicated area would contribute to the City’s
overall open space and greenway system;
2. The dedicated area would provide passive
recreation opportunities and nonmotorized linkages;
3. The dedicated area would preserve and protect
ecologically sensitive natural areas, wildlife habitat and wildlife
corridors;
4. The dedicated area is of low hazard/liability
potential; and
5. The dedicated area can be adequately managed
and maintained.
(Ord. 1995 §1 (part), 2002)
11.12.060 Sites Shall be Served by Paved Streets
All development sites shall be served by a paved street
surface that connects to an existing paved street surface.
(Ord. 1995 §1 (part), 2002)
11.12.070 Special Provisions – Additions, Alterations,
or Repairs to Existing Structures
The following special provisions shall apply to additions,
alterations, repairs, accessory buildings, and campus additions:
1. In the case of real property improvements consisting
of additions, alterations, or repairs to an existing structure where
square footage is added to the structure, or an accessory building
is constructed, street system improvements shall be constructed.
The Director shall decide the limit of the street system
improvements. The cost for these improvements, to be borne by
the property owner, will not be more than 10% of the total cost of
the improvement. The Director may waive the construction of the
street system improvements if it is determined that the street
system improvements are negligible and not in the public interest.
2. In the case of real property improvements consisting
of construction of an additional structure or structures on a private
campus, street system improvements shall be constructed. The
Director shall select the street system improvements to be made.
The cost for these improvements, to be borne by the property
owner, will not be more than 10% of the total cost of the
improvement. In the case of real property improvements
consisting of construction of an additional structure or structures
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on a campus owned by a public entity, street system
improvements shall be constructed along the full frontage.
3. In the case of corner lots or other development sites
fronting more than one right-of-way, should the cost of the real
property improvement be such that street system improvements
would not be required on all rights-of-way fronting the
development site, street system improvements shall be
constructed on the right-of-way or rights-of-way selected by the
Director.
(Ord. 1995 §1 (part), 2002)
11.12.080 Special Provisions – Single-Family
Residence
The developer of one single-family residence shall construct
the following street system improvements as a condition of
building permit approval:
1. If the development site fronts entirely on an unpaved
street surface, the developer shall construct a half-street section
of street pavement along the frontage of the development site
abutting the unpaved surface or, as an alternative, the property
owner shall enter into an agreement with the City waiving the right
of the property owner under RCW 35.43.180 to protest the
formation of a local improvement district for the construction of a
paved street surface and surface water drainage facilities. The
agreement shall be recorded with the King County auditor;
2. If the development site is a corner lot and fronts on
both a paved street surface and an unpaved street surface, the
developer shall construct half-street section of street pavement
and surface water drainage facilities along the frontage of the
development site abutting the unpaved street surface;
3. If the development site is contiguous to a parcel that
is served by paved street surface, the developer shall construct
half-street section of street pavement and surface water drainage
facilities along the frontage of the development site abutting the
existing paved street surface;
4. Surface water drainage facilities in all cases,
whether the development site fronts a paved street surface or an
unpaved street surface; and
5. If the development site fronts a paved street surface,
minor edge improvements to the street pavement, as required by
the Director, shall be constructed.
(Ord. 1995 §1 (part), 2002)
11.12.090 Inspections
All such public improvements shall be constructed under the
supervision of the Director in accordance with City standards. No
final installation shall be done until the City has inspected and
approved the installation and forms, and has certified they are
according to proper profile and location.
(Ord. 1995 §1 (part), 2002)
11.12.100 Landscaping in Right-of-Way, Easements,
and Access Tracts
A. The requirements of this section apply when street
frontage improvements are required as part of any development.
The City shall review proposed street frontage improvements for
compliance with this section.
B. Retention of existing vegetation may be required along
City streets. Whenever it is necessary to remove or relocate plant
materials from the right-of-way in connection with a development
project, the property owner shall replant such trees or replace
them according to City standards as defined in TMC Chapter
11.20. Any landscaping in the right-of-way that is disturbed by
construction activity on private property shall be replaced or
restored to its original condition by the property owner.
Landscaping and other improvements within the right-of-way are
subject to removal at the request of the City when the right-of-way
is needed for public use.
C. Street landscape installation or improvement is required
when applicable projects are to be undertaken along arterials and
according to City standards and guidelines. Ground cover shall
be provided for site frontage right-of-way with a potential for
erosion. The selection of tree species shall be in accordance with
City standards.
D. The abutting property owner(s) shall maintain
landscaping within the right-of-way unless maintenance has been
accepted by the City. All landscape materials in the right-of-way
shall be maintained to industry standards. Trees shall be pruned
according to standards adopted by either the National Arborists
Association or the International Society of Arboriculture. The
property owner is responsible for ensuring that landscaping
fronting his/her property does not impair sight-distance. Topping
of street trees is prohibited.
(Ord. 1995 §1 (part), 2002)
11.12.110 Street Lighting
A. Street lighting is required along all public streets,
including new public streets in subdivisions and short subdivisions.
The developer is responsible for design and installation of new
lighting and relocation of existing lighting along the street frontage
of the development.
B. All street light installations, including wiring, conduit and
power connections, shall be located or relocated underground,
except in residential areas with existing aboveground utilities.
C. For new subdivisions, the City will accept maintenance
and power cost responsibility for the public street light system
when a subdivision is 50% or more occupied. Until then, the
property owner shall remain responsible for the maintenance of
and energy charges for the street lighting system.
D. Street illumination is required at the intersection of a
private street and a puIlic street. NI street lighting is required along
a private street.
(Ord. 1995 §1 (part), 2002)
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11.12.120 Private Streets
Private streets will be allowed when:
1. A covenant that provides for maintenance and repair
of the private street by property owners has been approved by the
City and recorded with King County;
2. The covenant includes a condition that the private
street will remain open at all times for emergency and public
service vehicles; and
3. The private street would not hinder public street
circulation; and
4. At least one of the following conditions exists:
a. The street would ultimately serve four or fewer
lots; or
b. The private street would be part of a planned
residential development; or
c. The private street would serve commercial or
industrial facilities where no circulation continuity is necessary.
(Ord. 1995 §1 (part), 2002)
11.12.130 Acceptance of Dedicated Private Streets as
Public Streets
Acceptance of dedicated private streets as public streets will
be considered if the street meets all public street design and
construction standards. Consideration of acceptance is also
subject to the requirements of other City departments. Final
acceptance is subject to City Council approval. The following
criteria will be evaluated:
1. Acceptability of street and utility construction.
Pavement condition shall be brought up to the standards of new
construction;
2. Condition of title;
3. Survey requirements for monumentation and
conveyance;
4. The need for additional right-of-way and easements;
and
5. Cost of accepting the street and future maintenance
requirements.
(Ord. 1995 §1 (part), 2002)
11.12.140 Americans with Disabilities Act
All street improvements and nonmotorized facilities shall be
designed and constructed to meet the intent of applicable
requirements of the Americans with Disabilities Act (ADA). In
accordance with the State law and Federal guidelines established
by the ADA, wheelchair curb ramps shall be provided at all
pedestrian crossings with curbs.
(Ord. 1995 §1 (part), 2002)
11.12.150 Nonmotorized Facilities
A. The City’s goals and policies for nonmotorized facilities
are described in the pedestrian and bicycle transportation plan.
The users of nonmotorized facilities are separated in that plan into
two categories: pedestrians (which includes people, wheelchairs,
horses, and other nonmotorized users) and bicycles. Internal
pedestrian circulation systems shall be provided within and
between existing, new and redeveloping commercial, multifamily
and single-family developments; activity centers; and existing
frontage pedestrian systems.
B. Concrete sidewalks shall be provided:
1. On both sides of all arterial streets.
2. On both sides of all non-arterial streets longer than
200 feet and on one side of all non-arterial less than 200 feet in
length.
3. On both sides of all public streets which provide
access to existing or planned future sidewalks, activity centers,
parks, schools, neighborhoods, or public transit facilities.
B. The Director may grant an exception to the requirement
for concrete sidewalk when the subdivision design provides an
acceptably surfaced and maintained public walkway system.
C. A paved path shall be provided in lieu of concrete
sidewalk when:
1. The Director determines that the paved path is to be
temporary in nature; or
2. The Director determines that the soil or topographic
conditions dictate a flexible pavement; or
3. The pedestrian and bicycle transportation plan
indicates that the neighborhood character does not warrant
concrete sidewalks.
D. When street system frontage improvements are required
under TMC 11.12.040 additional right-of-way and pavement may
be required if indicated on a designated bicycle route as identified
in the comprehensive plan for pedestrian and bicycle
transportation.
(Ord. 1995 §1 (part), 2002)
11.12.160 Traffic Signals
A. When a proposed street or driveway design interferes
with existing traffic signal facilities, traffic signal modification or
relocation must be provided, at the expense of the developer.
B. To mitigate the traffic impacts of a development,
modification of an existing signal or installation of a new signal may
be required.
C. All traffic signal modification designs shall be prepared by
a licensed engineer experienced in traffic signal design.
(Ord. 1995 §1 (part), 2002)
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11.12.170 Street Ends
A. All dead-end public streets and private streets shall be
designed as a cul-de-sac, except as provided below.
B. A hammerhead may be used in lieu of a circular
turnaround if the street is less than 200 feet long and serves six or
fewer lots. An alternative design may be used if approved by the
Department and the Fire Marshal.
C. Streets which temporarily deadend and will be extended
in the future will not have a turnaround or hammerhead unless
determined necessary by the Department and the Fire Marshal.
When no turnaround or hammerhead is provided, street-end
barricading shall be installed and must conform to the most recent
edition of the Manual on Uniform Traffic Control Devices
(MUTCD).
D. A landscaped island delineated by curbing shall be
provided in the cul-de-sac by the property owner. The landscaping
shall be maintained by the homeowners’ association or adjacent
property owners. The maintenance agreement shall contain this
requirement and be recorded with King County.
(Ord. 1995 §1 (part), 2002)
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CHAPTER 11.16
DEVELOPER REIMBURSEMENT
(LATECOMERS) AGREEMENTS
Sections:
11.16.010 Purpose
11.16.020 Application, Terms
11.16.030 Rights and Non-liability of the City
11.16.040 Authorization
11.16.050 Minimum Project Size
11.16.060 Application – Contents
11.16.070 Notice to Property Owners
11.16.080 City Council Action
11.16.090 Preliminary Assessment Reimbursement Area –
Amendments
11.16.100 Contract Execution and Recording
11.16.110 Application Fee
11.16.120 Construction and Acceptance of Improvements
11.16.130 Collection of Reimbursement Fees
11.16.140 Segregation of Reimbursement Fees
11.16.150 Disposition of Undeliverable Reimbursement Fees
11.16.010 Purpose
This chapter is intended to implement and thereby make
available to the public the provisions of RCW Chapter 35.72 and
RCW Chapter 35.91, Contracts for Utilities, as presently
constituted or as may be subsequently amended. The rules and
regulations included in this chapter are based on Tukwila’s
interpretation that Chapter 35.91 contemplates that
reimbursement agreements will be executed prior to
commencement of construction.
(Ord. 1995 §1 (part), 2002)
11.16.020 Application, Terms
A developer – as required by an ordinance of the City, or as
a result of review under the State Environmental Policy Act, or in
connection with a decision of the City Council to construct street
system and/or utility system improvements on public rights-of-way
– may apply to the City to establish a latecomer agreement for
recovery of a pro rata share of the costs of constructing the system
improvements, from the owners of record who will subsequently
derive benefit from the improvements. No latecomer agreement
shall extend for a period longer than 15 years from the date of final
acceptance by the City. The developer is required to assign such
recovery to run with the land in order that the recovery is made for
the benefit of the owner of the real property at the time payment is
made.
(Ord. 1995 §1 (part), 2002)
11.16.030 Rights and Non-liability of the City
The City Council reserves the right to refuse to enter into any
latecomer agreement or reject an application therefore. All
applications for latecomer agreements are made on the basis that
the applicant releases and waives any claims for liability of the City
in establishment and enforcement of latecomer agreements. The
City is not responsible for locating a beneficiary or survivor entitled
to benefits by or through latecomer agreements. Any collected
funds unclaimed by developers after three years from the
expiration of the agreement are returned to parties making
payment to the City. Any remaining undeliverable funds shall
inure to the benefit of the appropriate utility and/or fund approved
by City Council.
(Ord. 1995 §1 (part), 2002)
11.16.040 Authorization
A. The Public Works Director is authorized to accept
applications for the establishment by contract of an assessment
reimbursement area as provided by state law, provided such
application substantially conforms to the requirements of this
chapter.
B. The Public Works Director shall establish administrative
rules, regulations, policies, and procedures necessary to
implement the provisions of this chapter.
(Ord. 1995 §1 (part), 2002)
11.16.050 Minimum Project Size
In order to be eligible for a reimbursement agreement, the
estimated cost of the proposed improvement must be $50,000.00
or more. The estimated cost of the improvement shall be
determined by the Director, based upon a construction contract for
the project, bids, engineering or architectural estimates, or other
information deemed by the Director to be a reliable basis for
estimating costs. The determination of the Director shall be final.
(Ord. 1995 §1 (part), 2002)
11.16.060 Application – Contents
Applications for the establishment of an assessment
reimbursement area are accompanied by the application fee as
set by this chapter, and shall include the following items:
1. Detailed construction plans and drawings, prepared
and stamped by a State-licensed engineer, of the entire project to
be borne by the assessment reimbursement area.
2. Itemization of all costs of the project, including – but
not limited to – design, grading, paving, installation of curbs,
gutters, storm drainage, sidewalks, street lights, right-of-way
landscaping, street trees, engineering, construction, property
acquisition, and contract administration.
3. A map and legal description identifying the proposed
boundaries of the assessment reimbursement area and each
separately owned parcel within such area. Such map shall identify
the location of the project in relation to the parcels of property in
such area.
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4. A proposed assessment reimbursement roll stating
the proposed assessment for each separate parcel of property
within the proposed assessment reimbursement area, as
determined by apportioning the total project cost on the basis of
the benefit of the project to each parcel of property within said
area.
5. A complete list of record owners of property within
the proposed assessment reimbursement area, certified as
complete and accurate by the applicant and which states names
and mailing addresses for each such owner.
6. Envelopes addressed to each of the owners of
record within the assessment reimbursement area who have not
contributed their pro rata share of such costs. Proper postage for
certified mail shall be affixed or provided.
7. Copies of executed deeds and/or easements in
which the applicant is the grantee for all property necessary for the
installation of such project.
(Ord. 1995 §1 (part), 2002)
11.16.070 Notice to Property Owners
A. All notices required by this chapter, including notices
approved as to form by the City, and pre-addressed envelopes
with proper postage affixed are the responsibility of the applicant.
B. Prior to the execution of a contract with the City
establishing an assessment reimbursement area, the Director or
designee shall mail, via certified mail, a notice to all property
owners of record within the assessment reimbursement area as
determined by the City on the basis of information and materials
supplied by the applicant, stating the preliminary boundaries of
such area and assessments, along with substantially the following
statement:
“As a property owner within the Assessment Reimbursement
Area whose preliminary boundaries are enclosed with this
notice, you or your heirs and assigns will be obligated to pay
under certain circumstances a pro rata share of construction
and contract administration costs of a certain street and/or
utility project that has been preliminarily determined to
benefit your property. The proposed amount of such a pro
rata share or assessment is also enclosed with this notice.
You, or your heirs and assigns, will have to pay such share
if any development permits are issued for development on
your property within [ ] years of the date a contract
establishing such area is recorded with King County provided
such development would have required similar street
improvements for approval. You have a right to request a
hearing before the City Council within 20 calendar days of
the date of this notice. All such requests must be made in
writing and filed with the City Clerk. After such contract is
recorded, it is binding on all owners of record within the
assessment area who are not a party to the contract.”
(Ord. 1995 §1 (part), 2002)
11.16.080 City Council Action
If an owner of property within the proposed assessment
reimbursement area requests a hearing, notice of such is given to
all affected property owners in the manner provided in TMC
11.16.070 and 11.16.090. At such hearing, the City Council shall
take testimony from affected property owners and make a final
determination of the area boundaries, the amount of assessments,
and the length of time for which reimbursement is required, and
shall authorize the execution of appropriate documents. The City
Council’s ruling on these matters is determinative and final. If no
hearing is requested, the Council may consider and take final
action on these matters at any public meeting 20 calendar days
after notice was mailed to the affected property owners.
(Ord. 1995 §1 (part), 2002)
11.16.090 Preliminary Assessment Reimbursement
Area – Amendments
If the preliminary determination of area boundaries and
assessments is amended so as to raise any assessment
appearing thereon, or to include omitted property, a new notice of
area boundaries and assessment shall be given as in the case of
an original notice; provided, that as to any property originally
included in the preliminary assessment area which assessment
has not been raised, no objections shall be considered by the City
Council unless objections were made in writing at or prior to the
date fixed for the original hearing. The City Council’s ruling shall
be determinative and final.
(Ord. 1995 §1 (part), 2002)
11.16.100 Contract Execution and Recording
A. Within 30 days of the final City Council approval of an
assessment reimbursement agreement, the applicant shall
execute and present such agreement for signature of the
appropriate city officials.
B. The latecomer agreements must be recorded in the King
County Department of Records within 30 days of the final
execution of the agreement. It is the sole responsibility of the
latecomer applicant to record said agreement and to provide the
City with a copy of the recorded instrument. Failure to comply with
the requirements of this subsection is grounds for unilateral
rescission of the agreement by the City.
C. Once recorded, the latecomer agreement is binding on
owners of record within the assessment area who are not party to
the agreement.
(Ord. 1995 §1 (part), 2002)
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11.16.110 Application Fee
A. All applications for latecomer agreements are on forms
approved by the Department and are accompanied by a
nonrefundable application fee. The Department is responsible for
administration, review and processing of such application and
preparing the agreement. The fee for these services shall be set
forth in a fee schedule to be adopted by motion or resolution of the
City Council.
B. In the event that costs incurred by the City for engineering
or other professional consultant services required in processing
the application exceed the amount of the application fee, the
applicant shall reimburse the City for such costs before the
agreement is recorded.
(Ord. 1995 §1 (part), 2002)
11.16.120 Construction and Acceptance of Improve-
ments
A. After the reimbursement agreement has been signed by
both parties, and all necessary permits and approvals have been
obtained, the applicant shall construct the improvements and,
upon completion, request final inspection and acceptance of the
improvements by the City, subject to any required obligation to
repair defects. An appropriate bill of sale, easement and any other
document needed to convey the improvements to the City and to
insure right of access for maintenance and replacement shall be
provided, along with documentation of the actual costs of the
improvements and a certification by the applicant that all of such
costs have been paid.
B. In the event actual costs are less, by 10% or more, than
the Director’s estimate used in calculating the estimated
reimbursement fees, the Director shall recalculate the fees,
reducing them accordingly, and shall cause a revised list of fees
to be recorded with the county auditor.
(Ord. 1995 §1 (part), 2002)
11.16.130 Collection of Reimbursement Fees
A. Subsequent to the recording of a reimbursement
agreement, the City shall not permit connection of any property
within the reimbursement area to any water or sewer facility
constructed pursuant to the reimbursement agreement, unless the
share of the costs of such facilities required by the recorded
agreement is first paid to the City.
B. Upon receipt of any reimbursement fees, the City shall
deduct a 17% administrative fee and remit the balance of the
reimbursement fees to the party entitled to the fees pursuant to the
agreement. If an error were to occur in calculating the fee amount,
the City shall make diligent efforts to collect such fee, but shall
under no circumstances be obligated to make payment of the
difference to the party entitled to reimbursement.
(Ord. 1995 §1 (part), 2002)
11.16.140 Segregation of Reimbursement Fees
The reimbursement agreement shall provide that the City is
authorized to make segregation or adjustments to reimbursement
fees because of subdivision or boundary line adjustment of the
benefited properties. The segregation or adjustment shall
generally be made in accordance with the method used to
establish the original reimbursement fees. Segregation or
adjustment shall not increase or decrease the total reimbursement
fees to be paid. Should a segregation or adjustment be
undertaken, a separate fee will be owed to the City for this
additional administrative work.
(Ord. 1995 §1 (part), 2002)
11.16.150 Disposition of Undeliverable Reimburse-
ment Fees
In the event that, after reasonable effort, the party to which
reimbursement fees are to be paid pursuant to a reimbursement
agreement cannot be located, and upon the expiration of 180 days
from the date fees were collected by the City, the fees shall
become the property for the City and shall be revenue to the
appropriate City fund.
(Ord. 1995 §1 (part), 2002)
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CHAPTER 11.20
RIGHT-OF-WAY VEGETATION
Sections:
11.20.010 Purpose
11.20.020 Permit
11.20.030 Permit Exemptions
11.20.040 Permit Fee
11.20.050 Permit Criteria
11.20.060 Public Notice
11.20.070 Vegetation Restrictions
11.20.080 Interference
11.20.090 Sight Distance Requirements
11.20.100 Response to Emergencies
11.20.110 Replacement Vegetation
11.20.120 Damaging Vegetation
11.20.130 Topping
11.20.140 Tree Root Damage – Liability
11.20.150 Maintenance of Plant Materials
11.20.160 Violations
11.20.010 Purpose
This chapter is intended to be implemented in a manner to:
1. Facilitate the planting, maintenance, restoration,
replacement, and survival of desirable trees, shrubs, and
groundcover within the public right-of-way;
2. Protect the public from personal injury and property
damage caused or threatened by the improper planting,
maintenance, or removal of vegetation;
3. Promote the use of drought tolerant vegetation and
the reduction in the use of irrigation systems;
4. Provide a process for the beautification of the
community; and
5. Promote the concept of a “walkable community.”
(Ord. 1995 §1 (part), 2002)
11.20.020 Permit
Any person wishing to perform any vegetation work within the
public right-of-way must file an application with the City and obtain
a right-of-way use permit prior to commencing any work.
(Ord. 1995 §1 (part), 2002)
11.20.030 Permit Exemptions
Owners or occupants of abutting property may maintain such
property, other than plant replacement without obtaining a permit.
The City and its employees, agents and representatives may
perform such work without obtaining a permit.
(Ord. 1995 §1 (part), 2002)
11.20.040 Permit Fee
Permit fees will not be charged in connection with right-of-way
applications made pursuant to TMC 11.20.030, except for
applications requiring public notice under TMC 11.20.060.
(Ord. 1995 §1 (part), 2002)
11.20.050 Permit Criteria
The Director may grant any vegetation permit application
submitted pursuant to TMC 11.20.020, if all of the following criteria
exist:
1. The proposed vegetation work is consistent with
achieving the purposes of this chapter pursuant to TMC
11.20.010; and
2. The proposed work is consistent with the City’s
Comprehensive Plan; and
3. The proposed work is consistent with the City’s
intended use of the public right-of-way; and
4. The proposed work is consistent with TMC Chapter
18.54 and all other applicable statutes, laws, rules, policies, and
regulations; and
5. The granting of the permit will not constitute a grant
of a special privilege; and
6. If the proposed work is located within a designated
environmentally sensitive area, all necessary environmental and
sensitive area approvals have been granted pursuant to TMC Title
18, the State Environmental Policy Act as adopted by the City, and
all other applicable environmental regulations, as now existing or
hereafter amended or adopted; and
7. The granting of the permit will not be materially
detrimental to the public welfare or injurious to property or
improvements located in the area surrounding the abutting
property; and
8. The proposed vegetation work is consistent with the
character of the neighborhood.
(Ord. 1995 §1 (part), 2002)
11.20.060 Public Notice
A. The Director shall distribute, by regular mail, a public
notice of any vegetation right-of-way permit application to persons
receiving the property tax statements for all property within 100
feet of the affected vegetation, whenever such application covers
the removal or significant pruning of vegetation that is 4 inches or
larger in diameter measured at 4.5 feet (54 inches) above the
ground; provided, however, that such public notice shall not be
required for applications covering red alder, cottonwood, poplar,
big leaf maple, or willow trees regardless of size.
B. The public notice shall contain the following information:
1. The name of the applicant;
2. The street address of the abutting property which is
adjacent to the affected vegetation, or if this is not available, a
locational description other than legal description. The notice
must also include a vicinity map that identifies the location of the
vegetation;
3. A citation of this chapter;
4. A brief description of the proposed vegetation work;
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5. A statement of availability of the official file;
6. A statement of the right of any person to submit
written comments to the Director; and
7. A statement that “Only persons who submit written
comments to the Director within 14 calendar days from the date of
the notice may appeal the Director’s decision.”
C. The Director shall issue a written decision to either grant
or deny the application, and shall attach a final vegetation
restoration plan to such decision. The Director shall use the
decisional criteria set forth in this chapter and shall consider all
public comments in deciding upon the application. The Director
shall issue the decision within 14 calendar days after the close of
the time period for public comments. The Director shall include in
the written decision any restrictions and conditions that are
determined reasonably necessary to eliminate or minimize any
undesirable effects of granting the application. The Director's
’ecision is determinative and final.
(Ord. 1995 §1 (part), 2002)
11.20.070 Vegetation Restrictions
No one shall plant in any public place any maple, Lombardy
poplar, cottonwood or gum, or any other tree, the roots of which
cause damage to the sewers, sidewalks, or pavements, or which
breed disease dangerous to other trees or to the public health, or
allow to remain in any public place any planted tree which has
become dead or is in such condition as to be hazardous to the
public. No illegal or illegally manufactured, collected or delivered
vegetation, as codified by the Revised Code of Washington or
other applicable laws rules and regulations, as now exist or are
hereafter adopted or amended, or carrying harmful diseases, such
as worms, insects, caterpillars or larvae, shall be permitted within
the City.
(Ord. 1995 §1 (part), 2002)
11.20.080 Interference
A. No flowers, shrubs or trees shall be allowed to overhang
or prevent the free use of the sidewalk or roadway, or street
maintenance activity, except that trees may extend over the
sidewalk when kept trimmed to a height of eight feet above the
walkway, and 18 feet above a roadway.
B. No trees shall be allowed to come into contact with
telephone, telegraph, electric or power wires of public service
companies or of the City; provided, however, that such wires are
25 feet above the level of the public place over which they pass.
C. When the Director finds that trees, shrubs or landscaping
are coming in contact with the wires of a public service company
or of the City or are interfering with the free use of the sidewalk or
roadway, the Director may order the trees or landscaping trimmed;
and if not so trimmed within ten days after service of written notice
to the owner of such trees or landscaping, or the posting of written
notice upon the premises, the Director may issue a permit to the
owners of the wires, authorizing them to trim such trees or
landscaping at their own expense.
(Ord. 1995 §1 (part), 2002)
11.20.090 Sight Distance Requirements
A. Areas around all intersections, including the entrance
and exit of driveways onto streets, must be kept clear of sight
obstructions. Intersection sight distance shall be based on posted
speed limits per AASHTO Policy on Geometric Design
requirements, current edition. The Director may require a traffic
study, at the owner’s expense, to determine safety requirements.
B. When the Director finds that the public safety has been
jeopardized because sight distance requirements at intersections
are not being maintained, the Director may order the trees or
landscaping to be trimmed; and if not trimmed within ten days after
the service of written notice to the owner, or the posting of written
notice upon the premises, the Director may have the trees or
landscaping trimmed and the cost for such work charged to the
owner.
(Ord. 1995 §1 (part), 2002)
11.20.100 Response to Emergencies
In the event of an emergency, any person may take all
reasonably necessary actions involving the maintenance,
removal, or cutting of any vegetation or street tree in order to
prevent injury to persons or damage to property without prior
permit approval. The Director must be notified in a written report
within three working days as to the nature and location of the
emergency, and the action taken by the person.
(Ord. 1995 §1 (part), 2002)
11.20.110 Replacement Vegetation
No person shall remove vegetation within a public right-of-
way without replacing the removed vegetation in accordance with
the right-of-way vegetation plan. The replacement vegetation
shall be equivalent in number, size, quality, species, and
placement as the removed vegetation, unless otherwise approved
by the Director. An exemption from the requirements of this
section may be granted by the Director if the proposed exemption
is found to be consistent with the criteria set forth in TMC
11.20.050. The cost of such removal and replacement shall be
borne by the person removing or causing the removal of such
vegetation.
(Ord. 1995 §1 (part), 2002)
11.20.120 Damaging Vegetation
No person shall intentionally damage, destroy or mutilate any
vegetation located in any public right-of-way or other public place,
or attach any rope or wire (other than used to support a young or
broken tree), nail, sign, poster, handbill or other item to such
vegetation, or allow any gaseous liquid, or solid substance which
is harmful to such vegetation to come in contact with the
vegetation, or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of such vegetation. The
owner or the occupant shall not be precluded from removing or
maintaining damaged vegetation.
(Ord. 1995 §1 (part), 2002)
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11.20.130 Topping
No person may top any street tree located in the public rights-
of-way. The Director may exempt the City and other persons from
the provisions of this section when the street tree to be topped has
been severely damaged by storms or other natural causes, or the
street tree is located under utility wires or other obstructions where
other pruning practices are impractical, or where the topping is
necessary to preserve the public safety and welfare.
(Ord. 1995 §1 (part), 2002)
11.20.140 Tree Root Damage – Liability
Any person who owns any tree or vegetation within private
property, the roots of which cause damage to the public right-of-
way or other public space, including limitation, damage to utilities
located in the public right-of-way, sidewalks, paved areas, or
create a safety hazard, shall be liable for repairing any damage to
public rights-of-way, or other public places, or utilities located
therein by said trees or vegetation.
(Ord. 1995 §1 (part), 2002)
11.20.150 Maintenance of Plant Materials
A. Landscaping in the right-of-way shall be maintained by
the abutting property owner(s) unless maintenance has been
accepted by the City.
B. All landscape materials in the public right-of-way shall be
maintained to industry standards. Trees shall be pruned
according to standards adopted by either the National Arborists
Association or the International Society of Arboriculture.
C. The property owner is responsible for ensuring that
landscaping fronting his/her property does not impair sight
distance.
(Ord. 1995 §1 (part), 2002)
11.20.160 Violations
Any person violating any of the provisions of this chapter,
which results in a hazard to the public health, safety and welfare
is guilty of a misdemeanor and shall be punished as provided by
law. Damage to each item of vegetation shall be deemed a
separate violation. The value of damaged vegetation shall be
calculated pursuant to the International Society of Arboriculture
Tree Replacement Guide.
(Ord. 1995 §1 (part), 2002)
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CHAPTER 11.24
PLACEMENT OF SIGNS OR BANNERS
Sections:
11.24.010 Banner Permit
11.24.020 Permit Application Requirements
11.24.030 Qualified Applicants
11.24.040 Approved Locations
11.24.050 Time Limitation
11.24.060 Banner Removal Cost
11.24.070 Removal of Signs
11.24.080 Disposition of Signs
11.24.010 Banner Permit
No person shall hang or cause to be hung a banner above or
across a public right-of-way, except in conformance with the
provisions of this chapter, nor without first obtaining a permit from
the City of Tukwila.
(Ord. 1995 §1 (part), 2002)
11.24.020 Permit Application Requirements
A. An application will not be accepted, except from a
qualified applicant, as defined in TMC 11.24.030, nor will it be
accepted more than one year in advance of the time the banner is
to be installed.
B. Permit applications along with a permit fee must be
submitted to the Director at least 30 days in advance of installation,
and shall contain the following information:
1. Date of event or public service announcement.
2. Name and purpose of event.
3. Date of proposed placement of banner.
4. Proposed location of banner.
5. Type of banner – quality, brand, type, size, weight,
clearance, and name of vendor who is producing the banner.
6. Draft art work – sample specification and message
to be printed on the banner.
7. Mechanism to be used for hanging the banner.
8. Date banner will be removed.
9. Names of installer who will hang, remove and
service the banner should a problem arise.
10. Written permission from private property owner(s) to
attach a banner to private property, if applicable.
11. Copy of IRS tax exempt certificate.
12. Contact person, name and phone number to be used
in the event of a problem.
13. Current comprehensive liability insurance certificate
and hold harmless agreement.
C. Minimum requirements for the banner:
1. Banner text shall reflect a public service message or
event announcement.
2. Banner shall maintain minimum clearance of 20 feet
above the right-of-way.
3. The banner shall not exceed four feet in height.
4. All banners must be manufactured or produced by a
banner company; “homemade” banners shall not be permissible.
(Ord. 1995 §1 (part), 2002)
11.24.030 Qualified Applicants
Applications will only be accepted from organizations meeting
all of the following criteria:
1. A Tukwila-based organization; and
2. Be a nonprofit organization, having obtained IRS
certification as tax exempt; and
3. City Sponsored. For the purposes of this chapter,
“city sponsored” means an organization which meets one or more
of the following criteria: receives grant money from the City of
Tukwila; or has a contractual relationship with the City of Tukwila;
or receives in-kind services from the City of Tukwila; or the City of
Tukwila is a member of the applying organization.
(Ord. 1995 §1 (part), 2002)
11.24.040 Approved Locations
A. Banner permits shall be issued only on approval of the
application by the Director.
B. The Director will maintain a list of approved locations for
hanging banners. Request for hanging banners at locations not
on the pre-approved list will be subject to approval by the Director.
Newly approved sites will be added to the list of approved
locations. The Director will approve the method of attachment,
and the first installation of a banner at an approved location will be
performed by the Department of Public Works.
C. Applicants are responsible for making arrangements and
contracting with an approved installer to hang any banner after the
first banner at an approved location. Any installations performed
by the Department of Public Works will be done for the current
installation fee established by the Director and shall be payable in
advance.
D. If a banner will be secured by anchor bolts, lag screws or
other similar methods of attachment to the exterior wall or face of
a building, approval by the Building Department will be required.
(Ord. 1995 §1 (part), 2002)
11.24.050 Time Limitation
A banner shall be hung no more than two weeks in advance
of an event and shall be removed by an approved installer no later
than 5:00PM the first business day following the event.
(Ord. 1995 §1 (part), 2002)
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11.24.060 Banner Removal Cost
The City will remove banners hung over the right-of-way
without prior approval by the Director, and the responsible party
shall reimburse the City for the cost of having the banner removed.
The holder of a permit to hang banners will be responsible for the
cost to repair any damage to City-owned property that may result
from the installation, attachment, hanging or suspension of the
banner.
(Ord. 1995 §1 (part), 2002)
11.24.070 Removal of Signs
A sign placed in violation of TMC 11.24.070 shall be removed
by the City immediately and without prior notice. If the owner of
the sign is present at the time of removal, the owner is given an
opportunity to remove the sign immediately.
(Ord. 1995 §1 (part), 2002)
11.24.080 Disposition of Signs
A. Except as provided in this chapter, signs removed under
TMC 11.24.080 will be immediately destroyed by the City without
compensation to the owner.
B. Non-business signs are retained while the apparent
owner is contacted by the City. If the owner cannot be located or
does not reply to the City within five working days, the City shall
destroy the sign. If the owner is located and replies within five
working days, the City shall make the sign available for pickup,
except the sign shall be destroyed if:
1. The sign is not picked up within five working days of
the owner’s reply; or
2. A sign owned by the same person had been
removed by the City within the past six months.
(Ord. 1995 §1 (part), 2002)
TITLE 11 – RIGHT OF WAY USE
Produced by the City of Tukwila, City Clerk’s Office Page 11–29
CHAPTER 11.28
UNDERGROUNDING OF UTILITIES
Sections
11.28.010 Policy
11.28.020 Purpose
11.28.030 Undergrounding – Scope
11.28.040 Facilities Exempted
11.28.050 Undergrounding Requirements
11.28.060 Deviations
11.28.070 Overlashing
11.28.080 Upgraded Service
11.28.090 Connections and Disconnections of Affected
Service
11.28.100 Service Connection Requirements
11.28.010 Policy
It is the policy of the City to require the underground
installation of all new electrical and communication facilities, with
certain exceptions noted in this chapter. The City Council finds
that the convenience, health, safety, and general welfare of the
residents of the community require that all new facilities specified
in this chapter be installed underground.
(Ord. 2701 §5, 2023)
11.28.020 Purpose
The purpose of this chapter is to establish minimum
requirements and procedures for the underground installation of
electric and communication facilities within the City.
(Ord. 2701 §6, 2023)
11.28.030 Undergrounding – Scope
This chapter shall apply to any person or entity, other than the
City, who owns electrical or communication facilities, and to all
new electrical and communication systems, including but not
limited to electric power, telephone, telecommunication, and cable
television facilities within the corporate City limits.
(Ord. 2701 §7, 2023)
11.28.040 Facilities Exempted
The following facilities are exempted from the undergrounding
requirements of this chapter:
1. Electric utility substations, pad-mounted
transformers, and switching facilities not located on the public
right-of-way where site screening is or will be provided in
accordance with TMC Chapter 18.54.
2. Electric transmission systems of a voltage of 115 kV
or more (including poles and wires) and equivalent communication
facilities.
3. Ornamental street lighting standards, as defined by
the Director.
4. Telephone pedestals, cross connect terminals,
repeaters, cable warning signs, and other equivalent
communication facilities.
5. Government equipment, including but not limited to:
traffic control equipment and police and fire sirens.
6. Temporary services for construction.
7. Replacement of existing overhead facilities due to
damage by natural or man-made causes.
8. Overlashing onto existing facilities installed, subject
to the limitations and restrictions set forth in TMC Section
11.28.070.
9. Secondary wiring for street lighting.
10. Upgrade or replacement service of existing facilities
pursuant to TMC Section 11.28.080.
11. Other facilities as determined by the Director.
(Ord. 2701 §8, 2023)
11.28.050 Undergrounding Requirements
Except for wireless communication facilities specifically
permitted, pursuant to TMC Chapter 18.58, all new facilities shall
be constructed, installed, and located in accordance with the
following terms and conditions, unless otherwise specified in a
franchise. Right-of-way users shall be responsible for all costs
associated with undergrounding its facilities except as otherwise
provided herein or within Federal or State law.
1. The right-of-way user shall install its new facilities
underground, unless otherwise approved by the City, pursuant to
TMC Section 11.28.060.
2. The right-of-way user shall install its new facilities
within an existing underground duct or conduit whenever excess
capacity exists within such facility and the right-of-way user is able
to access such underground duct or conduit for a commercially
reasonable fee; otherwise, the right-of-way user shall place its new
facilities within its own new underground duct or conduit. The right-
of-way user is encouraged to place conduit underground that can
accommodate both the new facilities and future facilities, including
any existing above ground facilities that may be relocated
underground at a later date.
3. Whenever any new or existing electric utilities are
being located underground, or upon a City project within a public
right-of-way, the right-of-way user, with permission to occupy the
same right-of-way, shall also relocate its facilities underground or
along an alternative public way, consistent with the requirements
of RCW 35.99.060 and TMC Section 11.08.300.
4. If requested, the right-of-way user shall provide the
City with additional ducts and conduits, at the right-of-way user’s
cost, and related structures necessary to access the ducts and
conduits; provided, that the terms and conditions under which
such additional ducts and/or conduits are provided shall be
consistent with RCW 35.99.070.
5. These locational requirements shall apply even if the
right-of-way user is providing services to a wireless
communication facility in the right-of-way, and such wireless
communication facility is allowed to remain above ground.
(Ord. 2701 §9, 2023)
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11.28.060 Deviations
A. The right-of-way user may request that the Director allow
a deviation from the requirements in this section by establishing
that such compliance would be an undue hardship to the right-of-
way user, a user of the facilities, or any other affected person. The
term “undue hardship” shall mean either:
1. The installation would be technologically unfeasible;
or
2. The impact of the underground construction
outweighs the general welfare consideration in requiring
underground construction; or
3. Delay of the installation of the underground facilities
would better coordinate the project with other private
improvements which are in the permitting process or public
improvements shown on the Capital Improvement or
Transportation Improvement elements of the Comprehensive
Plan; or
4. Strict application of this chapter would materially
inhibit or would have the effect of materially inhibiting a right-of-
way user’s ability to provide telecommunication services; or
5. For existing or new single-family residences only,
the requirement to underground new facilities constitutes a
financial hardship.
B. The Director may also deviate from these requirements if
a statute or tariff prohibits the enforcement thereof or requires the
City or rate payers to pay for such undergrounding.
C. Deviations shall be requested in writing by the applicant,
which shall include how the applicant meets the criteria of TMC
Section 11.28.060.A or B. The Director shall determine, in writing,
if the undue hardship criteria are sufficiently established such that
the applicant is not required to underground the new facilities. The
Director’s decision shall be final.
(Ord. 2701 §10, 2023)
11.28.070 Overlashing
Existing right-of-way users may overlash to their existing wires,
subject to all applicable local, state, and federal regulations; and
further provided that existing right-of-way users may only overlash
a total of two additional new wires per existing wire owned by the
right-of-way users on a given pole, not to exceed three wires in
total for any given right-of-way user. The overlashed wire(s) shall
be limited to like-in-kind only, meaning that it shall not exceed the
same size, weight and diameter of the original wire that is being
overlashed to.
(Ord. 2701 §11, 2023)
11.28.080 Upgraded Service
Existing wires may be replaced or upgraded for increased
service capacity provided that no additional wires are added (i.e.,
a new wire can be added but the existing wires shall be removed).
The new upgrade or replacement wires shall be limited to like-in-
kind only, meaning that it shall not exceed the size, weight, and
diameter of the original wire that the applicant proposes to remove.
(Ord. 2701 §12, 2023)
11.28.090 Connections and Disconnections of
Affected Service
The owner of real property abutting an underground project
shall be responsible, at his or her expense, for converting to
underground service and disconnecting his or her aerial services
within 30 days following notice in writing of availability of such
underground service. Time in consummating such connection and
disconnection is of the essence, and such notice to the property
owner, customer or subscriber may be mailed, postage prepaid,
or delivered in person. In the event that such conversion and
disconnection is not accomplished within 30 days of receipt of
notice, the City may order the work done and the actual cost shall
constitute a lien against the real property, subject to enforcement
as provided by law.
(Ord. 2701 §13, 2023)
11.28.100 Service Connection Requirements
A. Single-Family Residential Areas. All electrical or
communication service lines from either existing overhead or
underground facilities to the service connection of new structures
shall be installed underground.
B. Non-Single Family Residential Areas. All new
electrical or communication service lines from either existing
overhead or underground facilities to the service connection of
new and existing structures shall be installed underground.
(Ord. 2701 §14, 2023)
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CHAPTER 11.32
TELECOMMUNICATIONS
Sections:
11.32.010 Purpose
11.32.020 Administration
11.32.030 Existing Licenses or Telecommunications or Cable
Franchises
11.32.040 Existing Telecommunications Carriers and/or Cable
Operators Occupying the Rights-of-Way without a
License or Franchise
11.32.050 Registration Required
11.32.060 License or Franchise Application
11.32.070 Determination by the City
11.32.080 Conditions
11.32.090 Applicability to Use of Rights-of-Way
11.32.100 Amendment of Grant
11.32.110 Renewal of Grant
11.32.120 Revocation or Termination of Grant
11.32.130 Grantee Insurance and Bond
11.32.140 Release, Indemnity, and Hold Harmless
11.32.150 Applicability of Fees and Compensation
11.32.160 Other Remedies
11.32.010 Purpose
The purpose of this chapter is to:
1. Permit and manage reasonable, fair and equitable
access to the public rights-of-way of the City for
telecommunications purposes on a competitively neutral basis;
2. Establish predictable, enforceable, clear and
nondiscriminatory local regulations, guidelines, standards and
time frames for the exercise of local authority with respect to the
regulation of telecommunications carriers and cable operators;
3. Conserve the limited physical capacity of the public
rights-of-way held in public trust by the City;
4. Assure that the City’s current and ongoing costs of
granting and regulating private access to and use of the public
rights-of-way and/or public property are fully compensated by the
persons seeking such access and causing such costs;
5. Assure that the City can continue to fairly and
responsibly protect the public health, safety and welfare; and
6. Enable the City to discharge its public trust
consistent with rapidly evolving Federal and State regulatory
policies, industry competition and technological development.
(Ord. 1995 §1 (part), 2002)
11.32.020 Administration
The Director is authorized to administer this chapter and to
establish further rules, regulations and procedures for the
implementation of this chapter.
(Ord. 1995 §1 (part), 2002)
11.32.030 Existing Licenses or Telecommunications
or Cable Franchises
Except as otherwise provided in this chapter, and to the extent
provided by law, this chapter shall have no effect on any license
or telecommunications or cable franchise existing as of the date of
adoption of this chapter until the expiration of said license,
franchise or cable franchise; or an amendment to an unexpired
license, franchise or cable franchise, unless both parties agree to
defer full compliance to a specific date not later than the present
expiration date.
(Ord. 1995 §1 (part), 2002)
11.32.040 Existing Telecommunications Carriers
and/or Cable Operators Occupying the Rights-of-Way
Without a License or Franchise
Notwithstanding the foregoing, the requirements of this
chapter shall apply to any telecommunications carrier or cable
operator who currently occupies rights-of-way without a license,
franchise, cable franchise, right-of-way use permit or other
agreement with the City. Any such telecommunications carrier or
cable operator shall register or apply for a license,
telecommunication franchise or cable franchise as provided by this
chapter within 120 days of the effective date of this chapter. This
chapter shall not apply to lessees that solely lease bandwidth (and
do not own telecommunications facilities within the City), so long
as the lessor has complied with the requirements of this chapter.
(Ord. 1995 §1(part), 2002)
11.32.050 Registration Required
A. Business Registration. All telecommunications carriers
or cable operators having facilities within the City that offer or
provide telecommunications or cable service within the City, who
are not otherwise required to acquire a license or franchise, shall
register with the City as set forth in TMC Chapter 5.04.
B. Exception to Registration. A person that provides
telecommunications or cable services solely to itself, its affiliates
or members between points in the same building, or between
closely located buildings under common ownership or control,
provided that such person does not use or occupy any rights-of-
way of the City or other ways within the City, is excepted from the
registration requirements pursuant to this chapter.
(Ord. 1995 §1 (part), 2002)
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11.32.060 License or Franchise Application
To the extent permitted by law, any telecommunications
carrier or cable operator who currently occupies or desires in the
future to occupy any rights-of-way with any facilities for the
purpose of providing telecommunications or cable services shall
file an application on a form provided by the Director for one or
more of the following:
1. Right-of-Way License. If the telecommunications
carrier or cable operator provides or intends to provide services
exclusively to persons or areas outside the City, a right-of-way use
permit will be required in order to construct, install, control or
otherwise locate telecommunication facilities in, under, over or
across any rights-of-way. TMC Chapter 11.08 provides guidance.
2. Telecommunications Franchise. Required if the
telecommunications carrier provides or intends to provide service
to any person or area within the City.
3. Cable Franchise. Required if the cable operator
provides or intends to provide cable services to any person or area
in the City. Services similar to cable service, such as Open Video
Systems, shall also be subject to this chapter, and subject to
substantially similar terms and conditions as those contained in
franchise agreement(s) issued to cable operator(s) in the City with
respect to franchise fee obligations, public, educational, and
governmental access programming obligations, and all other
franchise obligations to the extent provided by law.
4. Persons Asserting an Existing State-Wide Grant.
Any person asserting an existing State-wide grant based on a
predecessor telephone or telegraph company’s existence at the
time of the adoption of the Washington State Constitution may
continue to operate under the existing State-wide grant, provided
the person provides the City with documentation evidencing the
existing State-wide-grant. Upon acceptance of the documentation
by the City, the person shall then be required to obtain all
applicable right-of-way use permits from the City pursuant to TMC
Chapter 11.08.
5. Facilities Lease Required. Any person, including but
not limited to service providers and non-service providers, who
occupies or desires to locate telecommunications equipment on or
in City property, including lands or City-owned physical facilities
other than the public rights-of-way, shall not locate such facilities
or equipment on City property unless granted a facilities lease from
the City pursuant to this chapter. The City reserves unto itself the
sole discretion to lease City property for telecommunication
facilities, and no vested or other right shall be created by this
section or any provision of this chapter applicable to such facilities
leases. For purposes of this section, “City property” shall include
site-specific locations in the rights-of-way.
(Ord. 1995 §1 (part), 2002)
11.32.070 Determination by the City
Within 120 days after receiving a complete application
hereunder, the City Council shall make a determination on behalf
of the City granting or denying the application in whole or in part.
If the application is denied, the determination shall include the
reasons for denial. The following criteria shall apply when
determining whether to grant or deny the application:
1. The applicant must have current registration issued
by the FCC and WUTC.
2. The applicant must demonstrate the willingness and
ability to mitigate and/or repair damage or disruption, if any, to
public or private facilities, improvements, services or landscaping,
if the application is granted.
3. The grant to use the rights-of-way will serve the
community interest.
4. Applicable Federal, State and local laws, regula-
tions, rules and policies will be met.
(Ord. 1995 §1 (part), 2002)
11.32.080 Conditions
The following conditions apply to each license, lease, or
franchise granted hereunder:
1. Area and Location. As part of the construction
permitting process for specific routes requested within each
license or telecommunications or cable franchise, a determination
will be made whether sufficient capacity is available in the rights-
of-way. Alternate routes or locations for the proposed facilities
may be considered if feasible.
a. License Route. A license granted hereunder
shall be limited to a grant of specific rights-of-way and defined
portions thereof, as may be indicated in the license agreement.
b. Franchise Territory. A telecommunications or
cable franchise granted hereunder shall encompass all territory
within the corporate limits.
c. Facilities Maps. Upon request by the Director,
the grantee shall provide the City with maps in a format prescribed
by the Director, identifying the location of all telecommunications
and cable facilities within the rights-of-way.
2. Leased Capacity. A grantee shall have the right to
offer or provide excess conduit capacity to another tele-
communications or cable provider with prior City notification,
provided that:
a. The grantee shall furnish the City 60 days ad-
vance written notice of any such proposed lease or agreement;
b. The proposed lessee shall comply with all of the
requirements of this chapter prior to providing telecommunications
or cable services.
3. Consistency within Class. All licenses and tele-
communications and cable franchises granted pursuant to this
chapter shall contain substantially similar terms which, taken as a
whole and considering relevant characteristics of applicants, are
substantially consistent with those required of other licensees and
telecommunications and cable franchises.
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4. Limitations.
a. No grant shall convey any right, title or interest in
rights-of-way but shall be deemed a license or franchise only to
use and occupy the rights-of-way for the limited purposes and term
stated in the grant.
b. No grant shall authorize or excuse a licensee or
franchisee from securing such further easements, leases, permits
or other approvals as may be required to lawfully occupy and use
rights-of-way.
c. No grant shall expressly or implicitly authorize a
licensee or franchisee to provide service to, or install a system on
private property without owner consent, or to use publicly or
privately owned poles, ducts or conduits without a separate
agreement with the owners and to the extent provided by law.
d. No grant shall confer any exclusive right,
privilege or license to occupy or use the rights-of-way for delivery
of telecommunications or cable services or for any other purposes.
e. Nothing herein shall be deemed or construed to
impair or affect, in any way or to any extent, the City’s power of
eminent domain.
5. Term. Unless otherwise specified in a license,
telecommunications franchise or cable franchise agreement, the
term shall be for no more than three years.
(Ord. 1995 §1 (part), 2002)
11.32.090 Applicability to Use of Rights-of-Way
A. General Duties.
1. Except as otherwise provided herein, the holder of a
right-of-way license, franchise or lease granted pursuant to this
chapter, or otherwise authorized to use and occupy the public
rights-of-way, shall – in addition to said right-of-way license,
franchise, lease or grant – be required to obtain a right-of-way use
permit from the City pursuant to TMC Chapter 11.08 before
performing any work in City rights-of-way. No work, construction,
development, excavation, installation or maintenance and repair
of any equipment or facilities shall take place within the rights-of-
way or upon City property until such time as the right-of-way use
permit is issued
2. All grantees shall have no ownership rights in rights-
of-way, even though they may be granted a license, franchise or
cable franchise to construct or operate their facilities.
3. Nothing herein shall limit or otherwise affect the
authority of the City to require a lease for any use, occupation,
construction, installation, maintenance or location upon any
property owned in fee by the City.
B. Physical Location of Facilities. Unless otherwise
required in current or future City ordinances regarding under-
ground construction requirements, all facilities shall be con-
structed, installed and located in accordance with hierarchy of the
following terms and conditions:
1. Telecommunications and cable facilities shall be
installed within an existing underground duct or conduit whenever
excess capacity exists within such utility facility and permission
can be obtained reasonably from the installer of such duct or
conduit;
2. Whenever one or more existing telephone, electric
utilities, cable systems or telecommunications facilities are located
underground within rights-of-way, a licensee or franchisee shall
occupy the same trench where reasonable and practical;
3. When sufficient capacity is not available under
11.32.090 A.1 or A.2 above, the telecommunications or cable
facility shall be installed underground within the rights-of-way,
below the sidewalk, or within the planter strip;
4. A franchisee or licensee with written authorization
from the utility pole owner to install overhead facilities shall install
its telecommunications or cable facilities on pole attachments to
existing utility poles only, and then only if surplus space is
available;
5. When a franchisee or licensee has been granted
authority to install overhead facilities as in 11.32.090 B.4 above
and the City directs such facilities to be relocated to allow
construction or reconstruction within the right-of-way, a licensee or
franchisee that occupies the same rights-of-way shall concurrently
relocate its facilities underground at its own expense.
C. Conduit Occupancy. In furtherance of the public
purpose of reduction of rights-of-way excavation, it is the goal of
the City to encourage both the shared occupancy of underground
conduit as well as the construction, whenever possible, of excess
conduit capacity for occupancy of future rights-of-way occupants.
1. City Use. At the option of the City, whenever new
conduit is laid by the licensee or franchisee, the City shall be
provided access to the open trench or bore hole, and space shall
be made available for purposes of installing two 4-inch conduits
for City use. There shall be no cost to the City associated with the
trenching, backfilling, boring or surface restoration involved with
these activities.
2. Use by Others. When the City reasonably deter-
mines such construction is in an area in which another tele-
communications or cable provider may also construct tele-
communications or cable facilities in the future, the City may
require the franchisee or licensee to construct or install excess
conduit capacity in the rights-of-way. The expense of such excess
conduit capacity shall be borne by the City or other such person
that contracts with the City to bear the expense. The grantee may
manage the excess conduit itself and be permitted to charge a
reasonable market lease rate for occupancy of the additional
conduit space, provided such lease revenues shall be first applied
to reimburse the City for its actual contribution to the construction
of the excess conduit (plus interest compounded at the
Washington State Local Government Investment Pool rate during
the time in question).
D. Occupancy of City-Owned Conduit. In furtherance of
the same object of 11.32.090-C, if the City owns conduit in the
path of a grantee’s proposed facilities, and provided it is
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technologically feasible for a grantee to occupy the conduit owned
by the City, a grantee shall be required to occupy the conduit
owned by the City in order to reduce the necessity to excavate the
rights-of-way. The grantee shall pay to the City for such
occupancy a reasonable fee, to be determined by the City Council.
E. Relocation or Removal of Facilities. Within 90 days
following written notice from the City, a grantee shall, at its own
expense, temporarily or permanently remove, relocate, place
underground, change or alter the position of any tele-
communications or cable facilities within the rights-of-way
whenever the Director shall have determined that such removal,
relocation, undergrounding, change or alteration is reasonably
necessary for:
1. The construction, repair, maintenance or installation
of any City or other public improvement in or upon the rights-of-
way; or
2. The operations of the City or other governmental
entity in or upon the rights-of-way.
F. Removal of Unauthorized Facilities.
1. A telecommunications or cable facility is
unauthorized and subject to removal in the following circum-
stances:
a. Upon expiration or termination of the grantee’s
license, telecommunications franchise or cable franchise unless
otherwise provided by law.
b. Upon abandonment of a facility within the rights-
of-way.
c. If the facility was constructed or installed without
prior issuance of a required encroachment or utility permit, license,
telecommunications franchise, or cable franchise.
d. If the facility was constructed or installed at a
location not permitted by the grantee’s license, franchise or cable
franchise.
e. To the extent permitted by law, any such other
reasonable circumstances affecting public health, safety and
welfare deemed necessary by the Director.
2. The Director may exercise discretion to allow an
unauthorized facility to come into compliance with this chapter
upon written request of the unauthorized telecommunications
carrier or cable operator made within 30 days after said carrier or
operator is notified that the facility is unauthorized pursuant to this
chapter. Notice shall be given in accordance with TMC 11.32.120.
The Director shall make the determination of whether to allow said
carrier or operator to cure by using the standards of review set
forth in TMC 11.32.120.
3. Notwithstanding any other provision of this chapter,
the Director may, if deemed appropriate, allow a grantee or other
person who may own, control or maintain telecommunications or
cable facilities within the rights-of-way to abandon such facilities in
place. No facilities of any type may be abandoned in place without
the express written consent of the Director. Any plan for
abandonment or removal of such facilities must be first approved
by the Director, and all necessary permits must be obtained prior
to commencement of such work in accordance with TMC
11.08.270. Upon permanent abandonment of any
telecommunications or cable facilities of such persons in place, the
facilities shall become the property of the City, and such persons
shall submit to the Director an instrument in writing, to be approved
by the City Attorney, transferring ownership of such facilities to the
City. The consideration for the conveyance is Tukwila’s
permission to abandon the facilities in place. The provisions of this
section shall survive the expiration, revocation or termination of
any license, franchise or cable franchise granted under this
chapter.
(Ord. 1995 §1(part), 2002)
11.32.100 Amendment of Grant
A. Adding or modifying services. Additions or
modifications to initial route(s) identified for licenses which are
determined to be significant by the Director will require a new
license.
B. Relocation of services. If ordered by the City to locate
or relocate its telecommunications or cable facilities in rights-of-
way not included in a previously granted license, tele-
communications franchise or cable franchise, the City shall grant
a license or franchise amendment without further application.
C. Assignments or Transfers. All assignees or
transferees of interest in a license, franchise, or cable franchise of
any telecommunications carrier or cable operator must comply
with the terms and conditions of this chapter, the license,
telecommunications franchise, or cable franchise agreement, the
requirements of the FCC, and the requirements of the WUTC. If
said assignee or transferee fails to comply with such requirements,
the license, telecommunications franchise, or cable franchise
assigned or transferred is subject to revocation.
(Ord. 1995 §1(part), 2002)
11.32.110 Renewal of Grant
A. Renewal Application. A licensee or franchisee that
desires to renew its license or franchise hereunder shall, not more
than 180 days nor less than 120 days before expiration of the
current license or franchise, file an application with the City for
renewal of its license or franchise.
B. Renewal Determination. Within 90 days after receiving
an application hereunder, the City Council shall make a
determination on behalf of the City granting or denying the renewal
application in whole or in part. If the renewal application is denied,
the determination shall include the reasons for non-renewal. The
criteria enumerated in this chapter shall apply when determining
whether to grant or deny the application, and the City may further
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consider the applicant’s compliance with requirements of this
chapter and the license or franchise agreement.
C. Obligation to Cure as a Condition of Renewal. No
license or franchise shall be renewed until any on-going violations
or defaults in the licensee’s or franchisee’s performance of the
license or franchise agreement, of the requirements of this
chapter, and all applicable laws, statutes, codes, ordinances, rules
and regulations have been cured, or a plan detailing corrective
action to be taken by the licensee or franchisee has been
approved by the Director. Failure to comply with the terms of an
approved corrective action plan shall be grounds for non-renewal
or revocation of the license or franchise.
(Ord. 1995 §1(part), 2002)
11.32.120 Revocation or Termination of Grant
A license, telecommunications franchise or cable franchise
granted by the City to use or occupy rights-of-way may be revoked
pursuant to the provisions of TMC Sections 11.32.090F,
11.32.110C, and 11.32.120.
1. Notice and Duty to Cure. In the event that the
Director believes that grounds exist for revocation of a license or
franchise, written notice shall be given of the apparent violation or
noncompliance, including a short and concise statement of the
nature and general facts of the violation or noncompliance. The
Grantee shall be given a reasonable period of time, not exceeding
30 days to furnish evidence:
a. That corrective action has been, or is being
actively and expeditiously pursued, to remedy the violation or
noncompliance.
b. That rebuts the alleged violation or non-
compliance.
c. That it would be in the public interest to impose
some monetary damages, penalty or sanction less than
revocation.
2. Standards for Revocation or Lesser Sanctions. If
persuaded that the grantee has violated or failed to comply with a
material provision of this chapter or of a license, tele-
communications franchise or cable franchise or applicable codes,
statutes, or rules and regulations, the City Council shall make a
preliminary determination whether to revoke the license,
telecommunications franchise or cable franchise, and issue a
written order, or to impose monetary damages, a penalty, or other
such lesser sanction and cure, considering the nature,
circumstances, extent and gravity of the violation as reflected by
one or more of the following factors:
a. Whether the misconduct was egregious.
b. Whether substantial harm resulted.
c. Whether the violation was intentional.
d. Whether there is a history of prior violations of the
same or other requirements.
e. Whether there is a history of overall compliance.
f. Whether the violation was voluntarily disclosed,
admitted or cured.
(Ord. 1995 §1(part), 2002)
11.32.130 Grantee Insurance and Bond
A. Insurance required. Commercial General Liability
Insurance, and, if necessary, Umbrella Liability Insurance, which
will cover bodily injury, property damage, and any other exposure
which can be reasonably identified as potentially arising from the
grantee’s activities within the rights-of-way shall be required. The
limit of liability shall not be less than $2,000,000 for each
occurrence. The City, its elected and appointed officers, officials,
employees, agents, and representatives shall be named as
additional insured with respect to activities occurring within its
rights-of-way. Coverage shall be comprehensive with respect to
the grantee’s activities within the rights-of-way, and shall include
completed operations, explosions, collapse, and underground
hazards. Such insurance shall name the City as additional insured
and provide a certificate of insurance with a 45-day cancellation
notice
B. Bond required. The grantee or the contractor for the
grantee shall post with the City a bond from a surety qualified to
do bonding business in this state, a cash deposit or an assigned
savings account or other security acceptable to the City in an
amount equal to 150% of the cost of the work as estimated by the
Director or in an amount as set forth in the franchise agreement.
Such bond, deposit or other security shall be conditioned upon the
grantee or its contractor performing the work pursuant to the terms
of this chapter, including the restoration and/or replacement of the
street, sidewalk, or other rights-of-way within the time specified by
the Director.
(Ord. 1995 §1(part), 2002)
11.32.140 Release, Indemnity, and Hold Harmless
A. Additional requirements. In addition to and distinct
from the insurance requirements of this chapter, a grantee
releases and shall defend, indemnify, and hold harmless the City
from any and all claims, losses, costs, liabilities, damages, and
expenses (except those damages caused solely by the negligence
of the City), including, but not limited to, those of the grantee’s
lessees, and also including, but not limited to, reasonable
attorney’s fees arising out of or in connection with the
telecommunications or cable facilities, the performance of any
work, the operation of any telecommunications or cable facilities,
or the grantee’s system, or the acts or omissions of the grantee or
any of its suppliers or contractors of any tier, or anyone acting on
the Grantee’s behalf in connection with said installation of
telecommunications or cable facilities, performance of work, or
operation of telecommunications or cable facilities or grantee’s
system.
B. Inclusions. Such indemnity, protection, and hold
harmless shall include any demand, claim, suit, or judgment for
damages to property or injury to or death of persons, including
officers, agents, and empI of any person iInIment made under or
in connection with any Worker’s Compensation Law or under any
plan for employee’s disability and death benefits, which may arise
out of or be caused or contributed to directly or indirectly by the
erection, maintenance, presence, operation, use, or removal of the
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grantee’s telecommunication or cable facilities, including any
claims or demands of customers of the grantee with respect
thereto.
C. Indemnification. The City shall not be liable to the
grantee or to the grantee’s customers, and the grantee hereby
indemnifies, protects and saves harmless the City against any and
all such claims or demands, suit or judgment for loss, liability,
damages, and expense by the grantee’s customers, or for any
interruption to the service of the grantee, or for interference with
the operation of the telecommunications or cable facilities.
D. Application. To the fullest extent permitted by
applicable law, the foregoing release, indemnity and hold
harmless provisions shall apply to and be for the benefit of the
City.
E. Successors and assigns. All provisions of this chapter
shall apply to the successors and assigns of the Grantee.
(Ord. 1995 §1(part), 2002)
11.32.150 Applicability of Fees and Compensation
A. Fees. The fees to be paid to the City at the time of
application for registration, license, lease, franchise, or right-of-
way use permits shall be established by resolution of the City
Council. All fees paid shall be nonrefundable. Fees may include,
but not limited to, business registration, administrative fee,
application review, utility permit and inspection, pavement
mitigation, and other regulatory fees.
B. Compensation to City. RCW 35.21.860 currently
prohibits a municipal franchise fee for permission to use the public
rights-of-way from any person engaged in the “telephone
business,” as defined in RCW 82.04.065. If this statutory
prohibition is repealed, the City reserves the right to impose and
receive a fee of a percentage, up to the maximum allowed by law,
of the grantee’s gross receipts from its business activities in the
City. The City shall collect fees for other telecommunications
activities not covered by the statutory prohibition. The fee shall be
compensation for use of the rights-of-way and shall not be applied
as credit towards business license fees or taxes required under
TMC Chapter 11.32 and TMC Title 5. Each license granted
hereunder is subject to the City’s right, to the extent permitted by
law, to fix a fair and reasonable compensation to be paid for use
of property pursuant to the license or franchise, provided nothing
in this chapter shall prohibit the City and a licensee or franchisee
from agreeing upon the compensation to be paid or services to be
provided. In the absence of such an agreement, such
compensation shall be in an amount reasonably established by the
City Council. Provided that the compensation required from any
telecommunications provider or carrier engaged in the telephone
business as defined in RCW 82.04.065 shall be consistent with
RCW 35.21.860.
C. Fees and Compensation Not a Tax. The fees, charges
and fines provided for in this chapter and any compensation
charged and paid for the rights-of-way provided herein, whether
fiduciary or in-kind, are separate from and additional to any and all
Federal, State, local and City taxes as may be levied, imposed or
due from a telecommunications carrier or provider, its customers,
or subscribers or on account of the lease, sale, delivery, or
transmission of telecommunication services.
D. Compensation for City Property Occupancy and Use
and Facility Leases. Each facilities lease granted under this
chapter or a lease for use and occupancy of a specific site in the
right-of-way is subject to the City’s right, which is expressly
reserved, to fix a fair and reasonable compensation to be paid for
the rights granted to the lessee; provided, nothing in this chapter
shall prohibit the City and a lessee from agreeing to the
compensation to be paid. Notwithstanding any other provision in
this chapter, any charges for use and occupancy of a specific site
in the right-of-way pursuant to an agreement between the City and
a service provider of personal wireless services shall be in
accordance with RCW 35.21.860(1)I.
(Ord. 1995 §1(part), 2002)
11.32.160 Other Remedies
Nothing in this chapter shall be construed as limiting any other
remedies that the City may have, at law or in equity, for
enforcement of TMC Chapter 11.32. Notwithstanding the
existence or use of any other remedy, the City may seek legal or
equitable relief to enjoin any acts or practices and abate any
conditions that constitute or will constitute a violation of this
chapter.
(Ord. 1995 §1(part), 2002)
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CHAPTER 11.40
HIGHWAY ACCESS MANAGEMENT
Sections:
11.40.010 Revised Code of Washington Chapter Adopted
11.40.020 Washington Administrative Code Chapters Adopted
11.40.010 Revised Code of Washington Chapter
Adopted
RCW Chapter 47.50 is hereby adopted by reference, to
provide for the regulation and control of vehicular access and
connection points of ingress to, and egress from, the State
highway system within the incorporated areas of the City of
Tukwila.
(Ord. 2194 §1, 2008)
11.40.020 Washington Administrative Code Chapters
Adopted
In order to implement the requirements and authority of RCW
Chapter 47.50, provisions of Chapter 468-51 and 468-52 of the
Washington Administrative Code are hereby adopted by
reference, together with all future amendments.
(Ord. 2194 §2, 2008)
CHAPTER 11.60
STREET AND ALLEY
VACATION PROCEDURE
Sections:
11.60.010 Purpose
11.60.020 Streets Abutting Water
11.60.030 Filing
11.60.040 Fees and Charges
11.60.050 Valuation and Compensation
11.60.060 Property Trade in Lieu of Payment
11.60.070 Waiving Compensation -
Other Governmental Agencies
11.60.080 Title to Vacated Street
11.60.090 Procedure
11.60.100 Limitations on Vacation
11.60.110 Approval of Vacation
11.60.120 Effective Date of Vacation
11.60.010 Purpose
This chapter establishes street vacation policies and
procedures regarding petition for vacation by owner(s) of an
interest in any real estate abutting a street right-of-way pursuant
to RCW 35.79.
(Ord. 1995 §1 (part), 2002)
11.60.020 Streets Abutting Water
Streets abutting water shall not be vacated unless in
compliance with RCW 35.79.030.
(Ord. 1995 §1 (part), 2002)
11.60.030 Filing
A. The petition for street vacation shall be submitted to the
Department. The complete application shall include a completed
petition form, a vicinity map, a tax assessor’s map showing all
properties abutting the vacation, total of assessed land value
proposed for vacation, an appraisal per TMC 11.60.050, mailing
labels for all property owners within 500 feet of the vacation
boundaries, and a non-refundable application fee pursuant to TMC
11.60.040.
B. A completed petition form shall be one that is signed by
owners of more than two-thirds of the properties abutting the street
proposed for vacation.
C. If the assessed value of the land proposed for vacation is
greater than $10,000, the complete application shall include a fair
market appraisal.
D. The petition and application expire two years from date
of application, if the vacation conditions have not been met and
compensation paid.
(Ord. 1995 §1 (part), 2002)
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11.60.040 Fees and Charges
The Department shall be responsible for review of the petition,
inspection and acceptance of all required construction, and
vacation plan review. The fee for these services shall be set forth
in a fee schedule to be adopted by motion or resolution of the City
Council.
(Ord. 1995 §1 (part), 2002)
11.60.050 Valuation and Compensation
A. The value of the right-of-way proposed for vacation shall
be determined utilizing either of two methods: First, based on the
assessed value of land abutting the street or, second, on an
appraisal which was conducted no more than 3 months prior to the
date of the application for vacation. Under the first method, the
value shall be calculated by multiplying the total square footage of
right-of-way by the assessed value per square foot of the abutting
land, as set by the County Department of Records and Elections
and the County Assessor’s office. Under the second method of
calculation, a real property appraisal from a member of the
American Institute of Real Estate Appraisers will be conducted.
B. If the calculated value is less than $10,000.00, the
calculated value shall be used as the right-of-way value. If the
calculated value is $10,000 or more, then the right-of-way value
shall be set under the second method above.
C. Compensation shall be one-half of the valuation, except
any part of the right-of-way that has been part of a dedicated right-
of-way for 25 years or more shall be compensated at the full
valuation.
D. One-half of the revenue received by the City as
compensation must be dedicated to the acquisition, improvement,
development and related maintenance of public open space or
transportation capital projects within the City.
(Ord. 1995 §1 (part), 2002)
11.60.060 Property Trade in Lieu of Payment
The petitioners may grant or dedicate to the City, for street or
other purposes, real property which has a fair market value, set by
an appraisal less than three months old, at least equal to the
compensation value set in TMC 11.60.050.
(Ord. 1995 §1 (part), 2002)
11.60.070 Waiving Compensation -
Other Governmental Agencies
For a vacation petitioned by another governmental agency,
the City Council may waive compensation required by this code
and may waive the filing fee, if the Council determines the waiver
is in the public interest. In this case, the petitioner shall record a
covenant at King County Records that provides the City
compensation by the current fair market value, for future sale or
lease by the governmental agency of the vacated property.
(Ord. 1995 §1 (part), 2002)
11.60.080 Title to Vacated Street
The title to the vacated street shall be granted equally to
abutting property owners.
(Ord. 1995 §1 (part), 2002)
11.60.090 Procedure
Once the Department receives a complete application, the
Department shall:
1. Propose a resolution to the City Council fixing a time,
pursuant to RCW 35.79.010, when the matter will be heard.
2. Forward the petition and resolution to all City
departments and all concerned utilities for review and comment.
3. Post on-site notification of the public hearing per
RCW 35.79.020.
4. Provide notification of the public hearing to all
property owners within 500 feet of the right-of-way proposed for
vacation.
5. Provide the City Council all relevant information for
decision deliberations during the public hearing.
(Ord. 1995 §1 (part), 2002)
11.60.100 Limitations on Vacation
The vacation shall meet limitations on vacations spelled out
in RCW 35.79.030 and RCW 35.79.035, and shall not prevent
legal access to public right-of-way for any existing lot.
(Ord. 1995 §1 (part), 2002)
11.60.110 Approval of Vacation
If the City Council approves all or part of a proposed vacation,
it shall, by ordinance, vacate the property pursuant to RCW
35.79.030. The ordinance shall contain the valuation and
compensation amounts, and all conditions that shall be met before
the vacation is effective.
(Ord. 1995 §1 (part), 2002)
11.60.120 Effective Date of Vacation
The vacation shall be effective after the parties acquiring the
land have compensated the City and have met all conditions of the
ordinance, and all relevant documents have been recorded with
King County Records, and all applicable fees pursuant to TMC
11.60.040 have been paid to the City.
(Ord. 1995 §1 (part), 2002)