HomeMy WebLinkAboutOrd 1995 - Right-of-Way Use CodeCity of Tukwila
Washington
Cover page to Ordinance 1995
The full text of the ordinance follows this cover page.
N ORDINANCE OE THE, C:ITV COUNCIL OFTHE CITY OF
EKW1LAWASITINGTON, AMENDING T, C TITLE 11 TO
cREATE A NEW R1GHT-OE-WAY USE CO0E4 .10.E1EALING
ORDINANCT: NOS, 352, 4186,, 563, 595, 644, 662„ 921, 924, 1274
1(part)„ 1321, 1341, 1516, 16071 17% §31part), 1038 &
1970 AND 1981; PROVIDING FOR SEVERABILITV; AND
ESTABLISHING A EFFECTIVE DATE.
Ordinance 1995 was amended or repealed by the
following ordinances.
AMENDED
Section(s) Amended
Amended by Ord #
1 (part)
2253
1 (part)
2470
1 (part)
2682
1 (part)
2701
REPEALED
Section(s) Repealed Repealed by Ord #
1 (part)
2303
1 (part)
2701
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C ity of
Washington
Ordinance No. qg 5-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TMC TITLE 11 TO
CREATE A NEW RIGHT -OF -WAY USE CODE; REPEALING
ORDINANCE NOS. 352, 486, 563, 595, 644, 662, 923, 924, 1274
§1(part), 1321, 1341, 1516, 1607, 1796 §3(part), 1838 §8 §9,
1970 AND 1981; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, obstructions, excavations, and construction in Tukwila's rights -of -way disrupt
and interfere with public use of the rights -of -way; and
WHEREAS, obstructions, excavations, and construction in Tukwila's rights -of -way result in
loss of parking and loss of business to merchants and others whose places of business are in the
vicinity of such obstructions and excavations; and
WHEREAS, obstructions, excavations, and construction in Tukwila's rights -of -way can
cause traffic congestion and increase pollution; and
WHEREAS, it is desirable to adopt policies and regulations that will enable Tukwila to gain
greater control over the disruption and interference with public use of public streets and rights-of-
way, in order to provide for the health, safety, and well -being of Tukwila's residents and users of
Tukwila streets; and
WHEREAS, significant public funds have been invested to acquire, build, maintain, and
repair the streets within Tukwila; and cuts and excavations in the streets reduce the useful life of
the pavement infrastructure; and
WHEREAS, significant public funds have been invested to place and maintain landscaping
within public rights -of -way in Tukwila, and cuts and excavation in the public rights -of -way cause
damage to, and increase the costs of maintaining that landscaping; and
WHEREAS, at the present time, Tukwila's Public Works Department does not possess a
detailed map or database indicating the location, nature, or extent of the entire system of non -city
underground utility and telecommunications facilities; and
WHEREAS, the various public and commercial entities that install, maintain, and operate
facilities under Tukwila's streets are constrained, from time -to -time, to make excavation cuts that
degrade the surfaces of these thoroughfares, thereby reducing their useful life; and
WHEREAS, at the present time there is no formal mechanism nor legal requirement that
public and commercial entities and telecommunications companies coordinate roadway cuts; and
WHEREAS, the City finds it is in the best interest of its residents and taxpayers to promote
the rapid development of services, on a nondiscrimination basis, responsive to community and
public interest, and to assure availability for municipal, educational and community services; and
the Council desires to update the City's regulations accordingly;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Title 11 Amended. Tukwila Municipal Code Title 11 is hereby amended to
create a new "Right -of -Way Use Code," to read in full as set forth in Attachment A, attached
hereto, and by this reference incorporated herein.
Section 2. Repealer. Ordinance Nos. 352, 486, 563, 595, 644, 662, 923, 924, 1274 §1(part),
1321, 1341, 1516, 1607, 1796 §3(part), 1838 §8 §9, 1970 and 1981 are hereby repealed.
New Right -of -Way Use Code 9 /3 /02.doc
Section 3. Applicability of Right -of -Way Code. Properties with vested complete permit
applications submitted prior to the effective date of this ordinance shall be considered and
approved or disapproved pursuant to the terms of the applicable code in effect at the time they
became vested. In the event of a substantial change in such an application after the effective date
of the ordinance, the revised application shall be reviewed and approved or disapproved pursuant
to the terms of the Right -of -Way Use Code, as established by this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY O TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2002.
0
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK: 0q-
PASSED BY THE TY COUNCIL: Cam (3? R
PUBLISHED:
EFFECTIVE DATE: S ,�D 02,
ORDINANCE NUMBER: LIZ
New Right -of -Way Use Code 9 /3 /02.doc
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TMC TITLE 11 TO
CREATE A NEW RIGHT -OF -WAY USE CODE; REPEALING
ORDINANCE NOS. 352, 486, 563, 595, 644, 662, 923, 924, 1274
§1(part), 1321, 1341, 1516, 1607, 1796 §3(part), 1838 §8 §9, 1970
AND 1981; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On September 3, 2002, the City Council of the City of Tukwila passed Ordinance
No.1995, amending TMC Title 11 to create a new Right -of -Way Use Code; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of September 3, 2002.
Published Seattle Times:
Bthut
Robert H. Baker, CMC, Acting City Clerk
Following is
Exhibit A to Ordinance 1995
"Tukwila Municipal Code, Title 11,
Right-of-Way Use."
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
11.60 Street and Alley Vacation Procedure
Printed September 3, 2002
Sections:
11.04.010
11.04.020
11.04.030
11.04.040
11.04.050
11.04.060
11.04.070
11.04.080
11.04.090
11.04.100
TITLE 11 RIGHT OF WAY USE
Chapter 11.04
GENERAL PROVISIONS
Short Title
Purpose
Territorial Application
Definitions
Powers of Director
Appeals
Hazardous Conditions on Public Right -of-
Way
Compliance with One -Call, One Number
Locator Service
As -Built Drawings
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. 149..E §I fpart), 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 l (Dart 2002)
11.04.030 Territorial Application
TMC Title 11 and the procedures adopted here-
under shall be in effect throughout the City of Tukwila.
(Ord. 1495 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
Page 11 -1
TUKWILA MUNICIPAL CODE
announcement which is hung above or across a public
right -of -way.
6. "Business Registration" means a require
ment 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 mean-
ing 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 illus-
tration and not limitation, a campus includes a public or
private school, a multifamily development, a retire-
ment housing facility, a nursing home facility, a con-
tinuing 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.
13. "City Council" means the City of Tukwila
Council acting in its official capacity.
14. "City inspector" means the Director's
designated employee(s) responsible for inspecting the
installation of warning and safety devices in the public
right -of -way and restoration of public rights -of -way
disturbed by work.
15. "Cost of Construction" means those costs
incurred for design, acquisition for right -of -way and /or
easements, construction, materials and installation
required in order to create an improvement that com-
plies with City standards. Until such time as RCW
Chapter 35.91 is amended to expressly authorize
inclusion of interest charges or other financing costs,
such expenses shall not be included in the calculation
of construction costs. In the event of a disagreement
between the City and the applicant concerning the cost
of improvement, the Public Works Director's determi-
nation shall be final.
16. "Criminal Citation" means a written doc-
ument initiating a criminal proceeding issued by an
authorized peace officer.
17. "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.
18. "Department" means the City of Tukwila
Public Works Department.
1 1 2
19. "Deposit" shall mean any bond, cash
deposit, or other security provided by the applicant in
accordance with TMC 11.08.110.
20. "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.
21. "Development" means a private
improvement to real property requiring electrical
and /or communication services including, but not
limited to, such services being distributed to subdivi-
sions, short plats, planned unit developments, or
single family or commercial building sites.
22. "Development Site" means the lot or lots
upon which real property improvements are proposed
to be constructed.
23. "Development Standards" are those stan-
dards set forth in Chapter 11.08.130 of the Tukwila
Municipal Code and the Department's Infrastructure
Design and Construction Standards.
24. "Directive Memorandum" means a letter
from the City to a right -of -way use permittee, notifying
the recipient of specific nonconforming or unsafe con-
ditions and specifying the date by which corrective
action must be taken.
25. "Director" means the Director of the Public
Works Department or his or her designee.
26. "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.
27. "Emergency" shall mean any unforeseen
circumstances or occurrence, the existence of which
constitutes an immediate danger to persons or prop-
erty, or which causes interruption of utility or public
services.
28. "Excavation" shall mean any work in the
surface or subsurface of the public right -of -way, includ-
ing, 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.
29. "Excess Capacity" means the volume or
capacity in any existing or future duct, conduit, man-
hole, handhold or other utility facility within the right
of -way that is or will be available for use for additional
telecommunications or cable facilities.
30. "Facilities" means the plant, equipment,
structures and property within the City used to trans-
mit, receive, distribute, provide or offer telecommuni-
cations or cable service.
31. "FCC" or "Federal Communications
Commission" means the Federal administrative
agency, or lawful successor, authorized to regulate and
Printed October 24, 2002
oversee telecommunications carriers, services and
cable operators on a national level.
32. "Franchise "is an agreement required with
any telecommunications carrier or cable operator who
desires to construct, install, operate, maintain or
otherwise locate facilities in rights -of -way, and to also
provide telecommunications or cable services to per-
sons or areas in the City.
33. "Franchised Utilities" means utilities that
have City Council approval to use City rights -of -way
for the purpose of providing their services within the
City.
34. "Frontage" means that portion of the devel-
opment site abutting public right -of -way; provided,
however, in the case of developments 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.
35. "Fronting" means abutting a public right -of-
way or public rights -of -way.
36. "Grantee" means the holder of a franchise
or a right -of -way license.
37. "Hazardous Waste" includes any and all
such materials as defined by RCW 43.200.015
(radioactive wastes) and RCW 70.105.010(5), (6) and
(15) (other hazardous wastes), now or as hereafter
amended.
38. "Installer" means the person or organiza-
tions 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.
39. "License" is an agreement with any
telecommunications carrier who desires to construct,
install, operate, maintain or otherwise locate telecom-
munications facilities in rights -of -way and to also
provide telecommunications services exclusively to
persons and areas outside the City.
40. "Maintain or Maintenance" means mow-
ing, trimming, pruning (but not including topping or
tree removal), edging, root control, cultivation, reseed-
ing, 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.
41. "Minor Addition, Replacement, or Reloca-
tion "includes the installation of secondary conductors,
changing wire size or type, pole replacement, reloca-
tion of poles at a distance of not more than 50 feet,
replacing secondary wire with primary wire to serve
not more than two new customers, hardware
replacement on existing poles, and the like.
42. "Municipal Excavator" shall mean any
agency, board, commission, department or subdivision
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
of the City that owns, installs, or maintains a facility or
facilities in the public right -of -way.
43. "New Electrical or Communication Ser-
vice" means installation of service lines to a building
where none existed before, and shall not include
restorations and repairs.
44. "Nonconforming Paved Street Surface"
means asphaltic concrete or cement concrete street sur-
face 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.
45. "Nonprofit" means not for monetary gain.
46. "Notice and Order" means a written doc-
ument initiating a civil proceeding in accordance with
TMC Chapter 8.45.
47. "Occupant" means a person who is occu-
pying, controlling or possessing real property, or his or
her agent or representative.
48. "Off Site Street System and /or Utility Sys-
tem Improvements" means such improvements as are
defined in TMC 11.12.030.
49. "On Site Street System Improvements"
means street system improvements that are required
to be constructed on public right -of -way adjacent to the
frontage of the development site and extending to the
centerline of the public right -of -way.
50. "Open Video System" means those sys-
tems 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.
51. "Oral Directive" means a directive given
orally by City personnel to correct or discontinue a spe-
cific condition.
52. "Ordinance" means the City of Tukwila
Telecommunication Ordinance, Chapter 11.32 of the
TMC.
53. "Overhead Facilities" means telecommu-
nications and /or cable facilities located above the sur
face of the ground, including the underground supports
and foundations for such facilities.
54. "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 main-
tained in the public right -of -way.
55 "Paved Street Surface" means street
surface that is either standard street surface or noncon-
forming paved street surface.
56. "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.
57. "Permit Center" means the central location
for applying for permits.
58. "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 require-
ments of TMC Title 11.
Page 11 -3
TUKWILA MUNICIPAL CODE
59. "Person" shall mean any person, corpora-
tion, partnership, municipal excavator, or any govern-
mental agency.
60. "Private Use" means use of the public right
of -way other than as a thoroughfare for ordinary tran-
sit of vehicles, pedestrians, or equestrians for the
benefit of a particular person or entity.
61. "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.
62. "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 resi-
dence, 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.
63. "Rebuilds" means a placement of overhead
facilities for a distance of three or more spans (four
poles) or 500 feet exclusive of replacements due to
casualty damage.
64. "Recently Improved Street" shall mean any
street that has been reconstructed or resurfaced by the
Department or any other owner or person in the pre
ceding three -year period.
65. "Reimbursement Agreement" means con-
tracts 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."
66. "Relocations" means removal of existing
facilities with subsequent reinstallation at an adjacent
location, generally necessitated by roadway improve
ments or widening projects.
67. "Removal" means the act of cutting down
or removing any vegetation, or causing the effective
removal through damaging, poisoning, or other direct
or indirect actions resulting in the death of vegetation.
68. "Replacement Vegetation" means vegeta-
tion of equal species, size, quality and number to that
which has been removed.
69. "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 pre-
scribed by the Department's Design and Infrastructure
Manual. (See TMC 11.08.230 for more details.)
70. "Right 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 unim-
proved, including the air rights, subsurface rights, and
easements related thereto.
71. "Security Device" means any and all types
of bonds, deeds of trust, security agreements, or other
similar instruments.
72. "Service Connection" means a connection
made to a telecommunications facility and /or cable
facility for the purpose of providing telecommunica-
tions or cable services.
73. "Service Connections" are facilities extend-
ing from a distribution system and terminating on
private property and /or for the specific purpose of
servicing one (1) customer.
74. "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.
75. "Sidewalk Routes" means sidewalk routes
shown on a map prepared by the Director and adopted
by the City Council by resolution or by ordinance pur-
suant to the comprehensive plan.
76. "Standard Street Surface" means street sur-
face that is paved in accordance with the "City of Tuk-
wila Infrastructure Design and Construction Standards."
77. "State" means the State of Washington.
78. "Stop Work Notice" means a notice autho-
rized 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.
79. "Street" means any street, road, boulevard,
alley, lane, way or place, or any portion thereof within
the City limits.
80. "Street Assessment and /or Utility Assess-
ment Agreement" means contracts authorized by RCW
Chapter 35.72 and RCW Chapter 35.91, as presently
constituted or as may be subsequently amended, for
system improvements, and may be referred to from
time to time in this chapter as "Latecomer Agree-
ments."
81. "Street System Improvements" include half
street section of street pavement (including appropriate
sub paving preparation), surface water drainage facili-
ties, sidewalks where required, curbs, gutters, utility
undergrounding, street lighting, right -of -way landscap-
ing (including street trees where required), and other
similar improvements.
82. "Street System Improvements" means
such improvements as are defined in TMC 11.12.030.
83. "Street Trees" means any trees located on
any street or public right -of -way.
84. "Street Use Official" means the Director's
designated employees responsible for inspecting the
installation of warning and safety devices in the public
right -of -way and restoration of public rights -of -way
disturbed by work.
11-4 Printed October 24, 2002
85. "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.
86. "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.
87. "Telecommunications Carrier" for the
purposes of this chapter includes every person that
directly or indirectly owns, controls, operates or man-
ages 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).
88. "Telecommunication Facilities" see
"Facilities."
89. "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, satel-
lite or similar facilities, with or without benefit of any
closed transmission medium.
90. "TMC" means the Tukwila Municipal
Code adopted by the City Council.
91. "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.
92. "Underground Facilities" means telecom-
munication and /or cable 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.
93. "Unpaved Street Surface" means street sur-
face that is neither standard nor nonconforming paved
street surface.
94. "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 opera-
tion or functioning of any portion of the right -of -way, or
may cause damage thereto.
95. "Utility Excavator" shall mean any owner
whose facility or facilities in the public right -of -way are
used to provide electricity, gas, information services,
sewer service, steam, storm drains, telecommunica-
tions, traffic controls, transit service, video, water, or
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
other services to customers regardless of whether such
owner is deemed a public utility.
96. "Utility System Improvements" means
water and /or sewer facilities as specified in RCW
35.91.020 as it now reads, or as hereafter amended.
97. "Vegetation" means all trees, plants,
shrubs, groundcover, grass, and other vegetation.
98. "Washington Utilities and Transportation
Commission "or "WUTC" means the State administra-
tive 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. /095 1 f pa rtj 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; how-
ever, 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 per-
mit 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 appli-
cable 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 discontin-
uance 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 enforce-
ment of this title and all procedures adopted under this
title.
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, reso
lutions or procedures of the City.
10. Request the assistance of other City
departments to administer and enforce this title, as
necessary.
/Ord. 1095 §1/Pa
2002)
Page 11 -5
TUKWILA MUNICIPAL CODE
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. 1915 §i/party, 2 002,
11.04.070 Hazardous Conditions on Public Right
of -Way
It is unlawful for the owner and /or person occu-
pying 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 prop-
erty 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 simi-
lar structures within or immediately adjacent to said
right -of -way area.
(Ord. 1905 1 %part:, 2002J
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. 1 995 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
8.45.
!Ord. 1995 §1 par}, 200211
11 Printed October 24, 2002
Sections:
11.08.010
11.08.020
11.08.030
11.08.040
11.08.050
11.08.060
11.08.070
11.08.080
11.08.090
11.08.100
11.08.110
11.08.120
11.08.130
11.08.140
11.08.150
11.08.160
11.08.170
11.08.180
11.08.190
11.08.200
11.08.210
11.08.220
11.08.230
11.08.240
11.08.250
11.08.260
Chapter 11.08
PERMITS
Permit Requirements
Right -of -Way Use Permits
Application Contents
Permit No Transfer or Assignment
Emergency Work
Permit Fees and Charges
Permit Exception
Revocation of Permits
Renewal of Permits
Insurance
Deposits, Fees and Bonds
Hold Harmless
Compliance with Specifications, Standards,
and Traffic Control Regulations
Inspections
Correction and Discontinuance of Unsafe,
Nonconforming, or Unauthorized
Conditions
Failure to Conform to Design Standards
Warning and Safety Devices
Clearance for Fire Equipment
Protection of Adjoining Property Access
Preservation of Monuments
Protection from Pollution and Noise
Impact of Work on Existing Improvements
Restoration of the Public Right -of -Way
Recently Improved Streets
Coordination of Right -of -Way Construction
Relocation of Structures in the Public Right
of -Way
11.08.010 Permit Requirements
A. It is unlawful for anyone to perform work of
any kind in a public right -of -way, or to make private
use of any public right -of -way without a right -of -way
use permit issued by the City.
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 public right -of -way to
accommodate the facilities or structures proposed to be
installed in the public right -of -way.
2. The capacity of the public right -of -way to
accommodate wire in addition to cables, conduits,
pipes or other facilities or structures of other existing
users of the public 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 pre-
viously existing in the public right -of -way.
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
4. The public interest in minimizing the cost
and disruption of construction caused by numerous
excavations of the public 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 public 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.
1Ord. part! 20021
11.08.020 Right -Of -Way Use Permits
A. Type A Short -Term Nonprofit.
1. Type A permits may be issued for use of a
right -of -way for 72 or less continuous hours for
nonprofit purposes, which do not involve any physical
disturbance of the right -of -way.
2. This type of use may involve disruption of
pedestrian and vehicular traffic or access to private
property, and may require inspections, cleanup and
police surveillance. For periods longer than 72 hours,
these uses will be considered Type D, long -term. If
any of these uses are for profit, they are considered
Type B.
3. Type A permits include but are not limited
to the following, when for nonprofit purposes:
a. Assemblies.
b. Bike races.
c. Block parties.
d. Parades.
e. Parking.
f. Processions.
g. Nonmotorized vehicle races.
h. Street dances.
i. Street runs.
B. Type B Short -Term Profit.
1. Type B permits may be issued for use of
right -of -way for 72 or less continuous hours for profit
purposes, which do not involve the physical
disturbance of the right -of -way.
2. This type of use may involve disruption to
pedestrian and vehicular traffic or access to private
property, and may require inspections, cleanup and
police surveillance. For periods longer than 72
consecutive hours, these uses will be considered Type
D, long -term.
3. Type B permits include, but are not limited
to the following when they are for profit purposes:
a. Fairs;
b. House or large structure moves other
than those, which require a Type E permit.
Page 11 -7
TUKWILA MUNICIPAL CODE
c. Temporary sale of goods.
d. Temporary street closures.
C. Type C Disturbance of City Right of Way.
1. Type C permits may be issued for use of a
right -of -way, for a period not in excess of 180
continuous days, for activities that may alter the appear-
ance of or disturb the surface or subsurface of the right
of -way.
2. Type C permits include but are not limited
to:
a. Boring.
b. Culverts.
c. Curb cuts.
d. Paving.
e. Drainage facilities.
f. Driveways.
g. Fences.
h. Landscaping.
i. Painting/Striping.
j. Sidewalks.
k. Street trenching.
1. Utility installation, repair, replacement.
D. Type D Long Term
1. Type D permits may be issued for use of a
right -of -way, for any period in excess of 72 hours, for
activities occurring for extended periods of time but
which will not physically disturb the right -of -way.
2. The use of the right -of way for structures,
facilities, and uses that involve capital expenditures and
long -term commitments of use require this type of
permit.
3. Type D permits include, but are not limited
to:
roads.
a.
b.
c.
Air rights and aerial facilities.
Bus shelters and stops.
Access to construction sites and haul
d. Loading zones.
e. Newspaper sale, distribution, and
storage facilities.
f. Recycling facilities.
g. Sales structures.
h. Sidewalk cafes.
i. Special and unique structures, such as
awnings, benches, clocks, decorations, flagpoles,
fountains, kiosks, marquees, private banners, public
mailboxes, and street furniture.
j. Underground rights.
k. Utility facilities.
1. Waste facilities.
E. Type E Potential Disturbance of City
Right -of -Way.
1. Type E permits may be issued for use of a
right -of -way, for a period not in excess of 180
continuous days, for those activities that have the
potential of altering the appearance of, or disturbing the
surface or subsurface of, the right -of -way.
to:
2. Type E permits include, but are not limited
a. Frequent use hauling involving an
average of six loaded vehicles per hour during any
eight -hour period in one day, for two or more consec-
utive days.
b. Any hazardous waste hauling.
3. Type E permits may be issued to a general
contractor to authorize construction and fill activities by
the said general contractor and by subcontractors.
F. Type F Blanket permits.
The Director may issue blanket permits to any
person to make utility service connections, to locate
trouble in utility conduits or pipes, for making repairs
thereto, or for emergency purposes. Blanket permits
shall be issued for a period of 365 days (one year), and
shall only authorize work referred to in this chapter.
11.08.030 Application Contents
A. To obtain a right -of -way use permit, the appli-
cant shall submit, in the format and manner specified
by the Director, an application with the City's Permit
Center.
B. Every application shall contain:
1. The name, address, telephone and fac-
simile number of the applicant. Where an applicant is
not the owner of the facility to be installed, maintained
or repaired in the public right -of -way, the application
shall also include the name, address, telephone and
facsimile number of the owner.
2. A description of the location, proposed use
of the public right -of -way, method of excavation,
surface and subsurface area of the proposed excavation,
and method of restoration.
3. A plan showing the proposed location and
dimensions of the excavation; the facilities to be
installed, maintained, or repaired in connection with
the excavation; and such other details as the
Department may require.
4. A copy or other documentation of the fran-
chise, easement, encroachment permit, license or
other legal instrument that authorizes the applicant or
owner to use or occupy the public right -of -way for the
purpose described in the application. Where the appli-
cant 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.
5. The proposed start date of the use or exca-
vation.
6. The proposed duration of the use or exca-
vation, which shall include the duration of the restora-
tion of the public right -of -way physically disturbed by
the excavation.
7. Written acknowledgment that the applicant
and owner are in compliance with all terms and
11-8 Printed October 24, 2002
conditions of this title, the orders, regulations, and
standard plans and specifications as promulgated by the
Director; and that the applicant and owner are not
subject to any outstanding assessments, fees or
penalties that have been finally determined by the City
or a court of competent jurisdiction.
8. A current business license issued by the
City of Tukwila.
9. Evidence of insurance as required by
Section 11.08.100.
10. A deposit as required by Section 11.08.110.
11. A traffic control plan to be approved by the
Department.
12. Any other information that may be
reasonably required by the Department.
13. An application fee as required by TMC
11.08.060.
The Director may allow an applicant to maintain
documents complying with TMC 11.08.030 B.4, B.8,
B.9 and B.10 on file with the Department, rather than
requiring submission of such documents with each
separate application.
C. The Director or his /her designee shall
examine each application submitted for review and
approval to determine if it complies with the applicable
provisions and procedures of this chapter. Other
departments that have authority over the proposed use
or activity may be requested to review and approve or
disapprove the application. If the Director finds that the
application conforms to the requirements of this
chapter and the procedures adopted under this chapter,
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.
D. All applications for permits will be submitted at
least 30 days before the planned need for the permit. If
unforeseen conditions require expedited processing,
the City will attempt to cooperate, but additional fees to
cover additional costs to the City may be charged to the
applicant.
11.08.040 Permit No Transfer or Assignment
Permits shall not be transferable or assignable, 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 sub-
contracting the work to be performed under a permit;
provided, however, that 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.
Printed September 3, 2002
1Ord. 19 §lipartj, 2002)
TITLE 11 RIGHT OF WAY USE
11.08.050 Emergency Work
A. Any authorized permit or franchise holder
maintaining pipes, lines, or facilities in the public right
of -way may proceed with work upon existing facilities
without a permit when emergency circumstances
demand that work be done immediately, provided that
a permit cannot be reasonably and practicably obtained
beforehand.
B. In the event that emergency work is com-
menced on or within any public right -of -way of the
City during regular business hours, the Director or City
Engineer shall be notified within 1/2 hour from the
time the work commences. The permit or franchise
holder commencing and conducting such 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 con-
strued to prevent any permit or franchise holder from
taking any action necessary for the preservation of life
or property or for the restoration of interrupted service
provided by a municipal or utility excavator when
such necessity arises during days or times when the
Department is closed. In the event that any permit or
franchise holder takes action to excavate or cause to be
excavated the public right -of -way, such permit or
franchise holder shall apply for an emergency permit
within 24 hours after the Department's offices first
open. The applicant for an emergency permit shall
submit a written statement that addresses the basis of
the emergency action, and describes the excavation
performed and work remaining to be performed.
/Ord 1095 cliparti, 2002
11.08.060 Permit Fees and Charges
A. The Director shall be responsible for the plan
review, plan approval, inspection and acceptance of all
construction within any public right -of -way and all
public works improvement projects, such as streets,
sidewalks and walkways, street lighting systems,
storm drainage systems (public and private), water
systems (public and private), sewer systems (public
and private), and utilities; and shall make a charge
therefor to the developer.
B. The fee for these services shall be set forth in a
fee schedule to be adopted by motion or resolution of
the Tukwila City Council.
C. Type A, B, D, E and F permit fees will be a flat
rate.
D. Type C total permit fees shall consist of the
following parts:
1. An Application Base Fee which is
associated with establishing the necessary files; and
Page 11 -9
TUKWILA MUNICIPAL CODE
2. A fee associated with the plan review and
approval of the construction plans fee amount deter-
mined from the value of the construction; and
3. A fee associated with the issuance of the
permit and the required inspection of the construction
fee amount determined from the value of the con
struction; and
4. A pavement mitigation fee associated with
the loss of pavement life from the proposed excavation
in the public right -of -way fee amount determined
from the square footage of excavation being performed
and the age of the pavement; and, if applicable
5. A Grading Plan Review.
For Type C permits, the developer shall submit
separate cost estimates for each item of improvement.
The Department will check the accuracy of these esti-
mates. Monies derived from the above charges shall
be deposited to the General Fund of the City.
E. A nonrefundable deposit, equal to the fee asso-
ciated with an application base fee and the review and
approval of the construction plans, is due and payable
prior to starting the review, with the balance of the total
fee due and payable prior to issuance of the permit.
Two reviews of the construction plans are included in
the above referenced fee an original review and a
follow -up review associated with a correction letter.
Each additional re- review, which is attributed to the
developer's action or inaction, shall be charged as a
separate transaction in accordance with the fee sched-
ule Should additional fees for re- review be imposed,
they will be added to the balance due and be payable
prior to issuance of the permit.
'Ord. ?995 S 1rparttl, 2002
11.08.070 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.
IOrd. 1095 §11parr), 2002;:
11.08.080 Revocation of Permits
A. The Director may revoke or suspend any
permit issued under this chapter whenever:
1. The activity does not proceed in accordance
with the plans 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 mate-
rial 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);
11 10
4. The progress of the permitted activity
indicates that it is or will be inadequate to protect
the public and adjoining property or the street or
utilities in the street, or any excavation or fill endangers
or appears reasonably likely to endanger the public,
the adjoining property or street, or utilities 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 subject each and
every violator to the maximum penalties provided by
this chapter, with every day constituting a new
violation.
r Ord. 1995 l r par 2002)
11.08.090 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. 1995 1 f r%art 20021
11.08.100 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, the permittee shall maintain in full
force and effect, throughout the term of the permit, an
insurance policy or policies issued by an insurance
company or companies satisfactory to the Director, hav-
ing a policyholders' surplus of at least $20,000,000, or if
insurance is written by more than one company, each
company shall have policyholders' surplus of at least
10 times the amount insured. Policy or policies shall
afford insurance covering all operations, vehicles, and
employees with the following limits and provisions:
1. Comprehensive general liability insurance
with limits of not less than $2,000,000 each occurrence
combined single limit for bodily injury and property
damage, including contractual liability; personal injury;
explosion hazard, collapse hazard, and underground
property damage hazard; products; and completed
operations.
2. Business automobile liability insurance
with limits not less than $1,000,000 each occurrence
combined single limit for bodily injury and property
damage, including owned, non owned, and hired auto
coverage, as applicable.
3. Contractors' 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 any deductible
not to exceed $25,000 each occurrence.
4. Said policy or policies shall include the City
and its officers and employees jointly and severally as
Printed October 24, 2002
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.
5. Underwriters shall have no right of recov-
ery 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.
6. 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
7. Any failure to comply with reporting pro-
visions of the policy shall not affect coverage provided
to the City, its employees, officers, officials, agents,
volunteers, and assigns.
8. 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.
9. Each policy shall be endorsed to indem-
nify, save harmless and defend the City and its officers
and employees 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.
10. Each policy shall be endorsed to indem-
nify, hold harmless and defend the City, and its officers
and employees 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 certi-
ficates 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
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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 of
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. /09S l; p 2002!
11.08.110 Deposits, Fees and Bonds
A. Except as noted in this chapter, each applicant,
before being issued a permit, shall provide the City
with an acceptable security (this may include a corpor-
ate surety bond, cash deposit or letter of credit) in the
amount of 150% of the value of the work being
performed within the public right -of -way in order to
guarantee faithful performance of the work authorized
by the permit granted pursuant to this chapter. The
amount of the security required 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 franchised by the City shall not
be required to file any security if such requirement is
expressly waived in the franchise documents.
C. The applicant shall provide a Maintenance
Bond that guarantees workmanship and materials for a
period of two years following the completion of the
work, with reasonable wear and tear excepted.
Notwithstanding the foregoing, utilities shall guarantee
workmanship and materials;
D. 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 regula-
tions, specifications and standards promulgated by the
Department relative to work in the Public right -of -way,
and respond to the City in damages for failure to
conform therewith;
2. That after work is commenced, the permit
tee shall proceed with diligence and shall promptly
complete such work and restore the public 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 regula-
tions contained herein within three calendar days, and
within seven calendar days from the time the excava-
tion commences on all other streets, except as
Page 11 -11
TUKWILA MUNICIPAL CODE
provided for during excavation in winter or during
weather conditions which do not allow paving accord-
ing 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.
(Ord. 1905 4' 1 part; 2002)
11.08.120 Hold Harmless
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 1905 1 ?part', 2002
11.08.130 Compliance with Specifications,
Standards, and Traffic Control Regulations
A. The work performed in the public 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," Uniform Building Code, and the
City's Municipal Code as currently exists and as
hereafter amended, copies of which shall be available
from the Department, kept on file in the office of the
City Clerk and at the Permit Center for public
inspection during office hours.
B. When a job is left unattended, before comple-
tion of the work, signage with minimum two -inch
high letters shall be attached to a barricade or otherwise
posted at the site, indicating the permittee's name, or
company name, telephone number, and after -hours
telephone number.
11 12
(Ord. 1905 §1 /part,' 2002)'
11.08.140 Inspections
As a condition of issuance of any permit or authori
zation that requires approval of the Department, each
applicant shall be required to consent to inspections by
the Department or any other City department.
(Ord. 1995 1; part), 2002)
11.08.150 Correction and Discontinuance of
Unsafe, Nonconforming, or Unauthorized
Conditions
A. Whenever the Director determines that any
condition on any right -of -way is in violation of, or any
right -of -way is being used contrary to any provision of,
this chapter, procedures adopted under this chapter or
other applicable codes or standards, or without a right
of -way use permit, the Director may order the correc-
tion or discontinuance of such condition or any activity
causing such condition.
B. The Director is authorized to use any or all of
the following methods in ordering correction or dis-
continuance of any such conditions, or activities as the
Director determines appropriate:
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 con-
dition or activity within five days of notice, or such
other reasonable period the Director may determine;
3. Revocation of previously granted permits
where the permittee or other responsible person has
failed or refused to comply with requirements
imposed or notices served;
4. Issuance of an order to immediately stop
work until authorization is received from the City to
proceed with such work;
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
Department 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 City 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 per-
sons 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 reme-
dies whether legal or equitable that may be available
under law or ordinance, this chapter, and procedures
adopted under this chapter for securing the correction
Printed October 24, 2002
or discontinuance of any conditions specified by the
City.
(Ord. 1995 0/part), 20021
11.08.160 Failure to Conform to Design Standards
For failure to conform to the Design Standards and
Regulations as identified in Section 11.08.130, the
Director may:
1. Suspend or revoke the permit;
2. Issue a stop work order;
3. Order removal and replacement of faulty
work;
4. Require an extended warranty period;
and /or
5. Negotiate a cash settlement to be applied
toward future maintenance costs.
;Ord. 1995 §//part), 2002,
11.08.170 Warning and Safety Devices
A. Warning lights, safety devices, signs, and barri-
cades 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 right -of-
way use permit, the Director or his /her designee may
require an applicant to submit a traffic detour plan
showing the 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 plan is required, no right -of -way
use permit shall be issued until after the traffic plan is
approved.
C. Unless otherwise specified in adopted right -of-
way use procedures, the following standards manuals
as they currently exist and as hereafter amended
shall apply to the selection, location and installation of
required warning and safety devices; provided, that the
Director or designee may impose additional
requirements if site conditions warrant such enhanced
protection of pedestrian or vehicular traffic:
1. Manual of Uniform Traffic Control Devices
for Streets and Highways;
2. City of Tukwila Infrastructure Design and
Construction Standards;
3. Part VIII, "Regulations for Use of Public
Streets and Projections over Public Property," Uniform
Building Code.
D. Any right -of -way use permit that requires a
partial lane or street closure may require a certified flag
person, properly attired, or an off -duty police officer for
the purpose of traffic control during the construction.
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
E. All decisions of the Director or his /her
designee shall be final in all matters pertaining to the
number, type, locations, installation and maintenance
of warning and safety devices in the public right -of-
way during any actual work or activity for which a
duly authorized right -of -way use permit has been
issued.
F. Any failure of a permit holder to comply with
the oral or written directives of the Director or his /her
designee related to the number, type, location,
installation, or maintenance of warning and safety
devices in the public right -of -way shall be cause for
correction or discontinuance as provided in this
chapter.
:Ord. /095 1(parti, 20 02)
11.08.180 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. 1995 51 %part, 200 2)
11.08.190 Protection of Adjoining Property
Access
The permittee shall at all times and at the permit
tee's expense preserve and protect from injury adjoin-
ing property by complying with such measures as the
Director or designee may deem reasonably suitable for
such purposes. The permittee shall at all times main-
tain access to all property adjoining the excavation or
work site.
/Ord. 1 095 1- parti, 2002;
11.08.200 Preservation of Monuments
The permittee shall not disturb any survey mon-
uments or markers found on the line of excavation
work until ordered to do so by the Director. All street
monuments, property corners, bench marks, and other
monuments disturbed during the progress of the work
shall be replaced by a licensed surveyor, at the
expense of the permittee, to the satisfaction of the
Director or his /her designee.
(Ord. 1995 §1 /part, 2002;
11.08.210 Protection from Pollution and Noise
The permittee shall comply with all State laws,
City ordinances, and procedures adopted hereunder by
the Director to protect the public from air and water
pollution and excessive noise. The permittee shall
provide for the flow of all watercourses, sewers or
drains intercepted during the excavation work, and
shall replace the same in as good condition as the per
mittee found them. The permittee shall not obstruct
Page 11 -13
TUKWILA MUNICIPAL CODE
the gutter of any street, but shall use all proper
measures to provide for the free passage of surface
water. The permittee 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 permittee's failure to so provide.
(Ord. 19 4' 1 parr, 2002
11.08.220 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 permittee shall cover an open excavation
with non -skid steel plates ramped to the elevation of
the contiguous street, pavement, or other public 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 permittee 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 permittee to secure the necessary
permission and make all arrangements for any
required storage and disposal of excavated material.
D. At any time a permittee disturbs the yard, resi-
dence or the real or personal property of a private prop-
erty owner or the City, such permittee shall insure at
the permittee's expense that such property is returned,
replaced and /or restored to a condition that is compa-
rable to the condition that existed prior to the
commencement of the work.
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 neces-
sary 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. 1995 1 part), 200
11.08.230 Restoration of the Public Right -Of -Way
A. Restoration. In any case in which the side-
walk, street, or other public right -of -way is or is caused
to be excavated, the owner and permittee shall restore
or cause to be restored such excavation in the manner
prescribed by the orders, regulations, and Department
standards.
11 14
B. Backfill, and replacement of pavement
base. Backfilling in a right -of -way opened or 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 satisfac-
tory result. All backfilling shall be accomplished accord-
ing to City standards and specifications. All backfills
shall be inspected and approved by the Director or
his /her designee prior to any overlaying or patching.
C. Pavement restoration. The permittee shall
restore the surface of any public right -of -way to its
original condition 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 conform to the City Stan-
dards and shall be accomplished within the time limits
set forth in the permit.
(01 /995 1 `part:, 2002;
11.08.240 Recently Improved Streets
The Department 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.
fOrd. 1995 §1(party, 2002:
11.08.250 Coordination of Right -Of -Way
Construction
The permittee, at the time of receiving a Type C
right -of -way use permit, shall notify all other public and
private utilities using or proposing to use the same
right -of -way as the applicant's proposed construction,
and the proposed timing of such construction. A utility
so notified may, within seven days of such notifica-
tion, request of the Director a delay in the com-
mencement of any proposed construction for the
purpose of coordinating other right -of -way construction
with that proposed by the permittee. The Director
may delay the commencement date of the permittee's
right -of -way construction, except in emergencies, if the
Director finds that such a delay will reduce the incon-
venience to City right -of -way uses and if the Director
finds that delay of the construction activities will not
create undue economic hardship on the applicant.
?Ord. 1995 §I (parr), 20021
11.08.260 Relocation of Structures in the Public
Right -Of -Way
A. The Director may direct any permit or
franchise holder or any other entity owning or
Printed October 24, 2002
maintaining facilities or structures in the public right -of-
way to alter, modify, or relocate such facilities or
structures as may be required herein. These facilities
include, but are not limited to, sewers, pipes, drains,
tunnels, conduits, vaults, trash receptacles, newspaper
dispensers, overhead and underground gas, electric,
telephone, telecommunication and communication
facilities. The City shall notify the permit or franchise
holder or other entity in writing no less than 60 days
and no greater than 120 days in advance, except in the
case of emergencies, of Tukwila's intention to perform
or have such work performed. The permit or
franchise holder or other entity owning or maintaining
the facilities or structures shall, at their own cost and
expense, promptly protect or promptly alter or relocate
such facilities or structures, or part thereof, but in no
event later than three working days prior to the date
Tukwila has notified the permittee, franchise holder or
other entity, that it intends to commence its work, or
immediately in the case of emergencies. In the event
that such permit or franchise holder 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 or structures without
liability to such person. Such person shall pay to the
City all costs incurred by the City in connection with
such work performed by the City, including also
design, engineering, construction, materials, insurance,
court costs, and attorney fees. Upon the permittee,
franchise holder or other entity's failure to accomplish
such work and after three working days notice, all
other work permits held by permittee, franchise
holder, or other entity, may be summarily suspended,
except in only an emergency, until such time as the
work required under this section is completed or the
City has been reimbursed form work performed.
B. Any directive by the Director shall be based
upon one or more of the following:
1. The facility or structure was installed,
erected, or is being maintained contrary to law, or
determined by the Director to be structurally unsound
or defective.
2. The facility or structure constitutes a
nuisance as defined under this chapter, the TMC or
State statute.
3. The permit under which the facility or
structure was installed has expired or has been
revoked.
4. The public right -of -way is about to be
repaired or improved and such facilities or structures
may pose a hindrance to construction.
5. The grades or lines of the public right -of-
way are to be altered or changed.
C. Any directive of the Director under this section
shall be under and consistent with the City's police
power. Unless an emergency exists, the Director shall
make a good faith effort to consult with the permit or
franchise holder regarding any condition that may
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
result in a removal or relocation of facilities in the
public right -of -way, to consider possible avoidance or
minimization of removal or relocation requirements;
and the Director shall provide the directive as far
enough in advance of the required removal or reloca-
tion to allow the permit or franchise holder a
reasonable opportunity to plan and minimize cost
associated with the required removal or relocation.
D. This obligation does not apply to facilities or
structures originally located on private property pur-
suant to a private easement, which property was later
incorporated into the public right -of -way, if that prior
private easement grants a superior vested right.
E. The City may at any time, in case of fire, disas-
ter or other emergency as determined by the City, cut
or move any parts of the system and appurtenances
on, over or under the public right -of -way, in which
event the City shall not be liable therefore to a permit
or franchise holder.
fOrd. 191)5 '1 part;, 2002,
11.08.270 Abandonment and Removal of Facilities
A. Notification of Abandoned Facilities. Any
permittee, franchise holder, or other entity that intends
to discontinue use of any facilities within the public
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 permittee, franchise holder, or
other entity may not remove, destroy, or permanently
disable any such facilities during said 30 -day period
without written approval of the Director. After 30 days
from the date of such notice, the permittee, franchise
holder, or other entity shall remove and dispose of
such facilities as set forth in the notice and shall
complete such removal and disposal within six
months, 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 public rights -of-
way.
B. Conveyance of Facilities. At the discretion of
Tukwila, and upon written notice from the Director
within 30 days of the notice of abandonment, the
permittee, franchise holder, or other entity may
abandon the facilities in place, and shall further convey
full title and ownership of such abandoned facilities to
Tukwila. The consideration for the conveyance is
Tukwila's permission to abandon the facilities in place.
The permittee, franchise holder, or other entity is
responsible for all obligations as owner of the facilities,
or other liabilities associated therewith, until
conveyance to Tukwila is completed.
Ord. /095 ,51 2002/
Page 11 -15
TUKWILA MUNICIPAL CODE
Chapter 11.12
REQUIRED IMPROVEMENTS FOR
NEW BUILDINGS AND DEVELOPMENTS
Sections:
11.12.010
11.12.020
11.12.030
11.12.040
11.12.050
11.12.060
11.12.070
11.12.080
11.12.090
11.12.100
11.12.110
11.12.120
11.12.130
11.12.140
11.12.150
11.12.160
11.12.170
11.12.010 Purpose of Provisions
The purpose of this section is to implement regula-
tions in connection with the development and
improvement of land, and to facilitate adequate provi-
sion for water, sewer, surface water drainage, curbs,
gutters, sidewalks, driveways, street and other public
improvements by requiring the construction and dedi-
cation 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. 1095 §lipart), 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. 1095 s` l fart:, 200,2)
11.12.030 Street Frontage Improvements
(See TMC Title 17 for further detail)
A. The installation of street frontage improve-
ments 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
11 16
Purpose of Provisions
Statute Adopted by Reference
Street Frontage Improvements
Dedication of Right -of -Way
Easements and Other Dedications
Sites Shall be Served by Paved Streets
Special Provisions Additions, Alterations,
or Repairs to Existing Structures
Special Provisions
Single Family Residence
Inspections
Landscaping in Right -of -Way, Easements,
and Access Tracts
Street Lighting
Private Streets
Acceptance of Dedicated Private Streets as
Public Streets
Americans with Disabilities Act
Nonmotorized Facilities
Traffic Signals
Street Ends
and 5 -9 lot short plats and Planned Residential
Developments. For additions and remodels to existing
buildings, see TMC 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 Direc
tor. Street frontage improvements may include curb,
gutter, sidewalk, storm drainage, street lighting, traffic
signal equipment, utility installation or relocation, land-
scaping 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 of the
Director:
1. Pay to the City an amount equal to the
property owner's cost of installing the required
improvements prior to issuance of a building permit.
The property owner shall provide documentation satis-
factory to the Director that establishes the cost of the
materials, labor, 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 estab-
lished 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 improve-
ment would cause significant adverse environmental
impacts.
Ord. 1995 §1!paart-, 2002)
11.12.040 Dedication of Right -of -Way
A. The City may require the dedication of right -of-
way in order to incorporate transportation improve-
ments 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:
Printed October 24, 2002
1. Motorized and nonmotorized transporta-
tion, 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 compat-
ibility 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 dedica-
tion 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 improve-
ments 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 §Iipart 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
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
design issues such as topography, buffering, and land-
scaping.
D. Easements and other dedications shall be
designated "City of Tukwila nonmotorized public
easement and easement and other dedication
documents shall specify the maintenance responsibil-
ity.
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 man-
aged and maintained.
Ord. 1 0 95 §?;part), 20021
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.
I Ord. 1095 2002:
11.12.070 Special Provisions Additions,
Alterations, or Repairs to Existing Structures
The following special provisions shall apply to addi-
tions, alterations, repairs, accessory buildings, and
campus additions:
1. In the case of real property improvements
consisting of additions, alterations, or repairs to an exist-
ing 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 on a campus owned
Page 11 -17
TUKWILA MUNICIPAL CODE
by a public entity, street system improvements shall
be constructed along the full frontage.
3. In the case of corner lots or other devel-
opment 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. 1095 i l pa rt 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 improve-
ment 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 devel-
oper shall construct half street section of street pave-
ment 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.
11 18
(Ord. 1095 §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. 1905 //part), 2002)
11.12.100 Landscaping in Right -of -Way, Ease-
ments, 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
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 mainten-
ance 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 Arboricul-
ture. The property owner is responsible for ensuring
that landscaping fronting his /her property does not
impair sight- distance. Topping of street trees is prohib-
ited.
10rd. 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.
Printed October 24, 2002
D. Street illumination is required at the
intersection of a private street and a public street. No
street lighting is required along a private street.
!Ord. 1995 §1/par, 2002}
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 Ipa rtj, 2002j
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 20021
11.12.140 Americans with Disabilities Act
All street improvements and nonmotorized facili-
ties 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. 1905 7 }art). 2002)
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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 facili-
ties 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 subdivi-
sion design provides an acceptably surfaced and main-
tained public walkway system.
C. A paved path shall be provided in lieu of con-
crete 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 compre-
hensive plan for pedestrian and bicycle transportation.
/Ord. 19 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 develop-
ment, 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. 1 095 1( parr), 2002)
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.
Page 11 -19
TUKWILA MUNICIPAL CODE
B. A hammerhead may be used in lieu of a circu-
lar 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 home-
owners' association or adjacent property owners. The
maintenance agreement shall contain this requirement
and be recorded with King County.
(Ord. 1905 4' l p �r
ar,,. �.C
11 -20 Printed October 24, 2002
Sections:
11.16.010
11.16.020
11.16.030
11.16.040
11.16.050
11.16.060
11.16.070
11.16.080
11.16.090
11.16.100
11.16.110
11.16.120
11.16.130
11.16.140
11.16.150
Chapter 11.16
DEVELOPER REIMBURSEMENT
(LATECOMERS) AGREEMENTS
Purpose
Application, Terms
Rights and Non liability of the City
Authorization
Minimum Project Size
Application Contents
Notice to Property Owners
City Council Action
Preliminary Assessment Reimbursement
Area Amendments
Contract Execution and Recording
Application Fee
Construction and Acceptance of
Improvements
Collection of Reimbursement Fees
Segregation of Reimbursement Fees
Disposition of Undeliverable Reimburse-
ment 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 subse-
quently 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 bene-
fit 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.
Printed September 3, 2002
/Ord. /995 §1(partl, 2002)
TITLE 11 RIGHT OF WAY USE
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 applica-
tion therefore. All applications for latecomer agree-
ments are made on the basis that the applicant releases
and waives any claims for liability of the City in estab-
lishment 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 devel-
opers 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. 19 4' 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 con
forms to the requirements of this chapter.
B. The Public Works Director shall establish
administrative rules, regulations, policies, and proce-
dures necessary to implement the provisions of this
chapter.
(Ord. 1905 §H part), 2002)
11.16.050 Minimum Project Size
In order to be eligible for a reimbursement agree-
ment, 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 511partj, 2002%
11.16.060 Application Contents
Applications for the establishment of an assess-
ment 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 reim-
bursement area.
2. Itemization of all costs of the project, includ-
ing 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 reimburse-
Page 11 -21
TUKWILA MUNICIPAL CODE
ment 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.
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 prop-
erty 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 ease-
ments in which the applicant is the grantee for all
property necessary for the installation of such project.
/Ord. 1905 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 prop-
erty. 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.
11 22
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. 1 995 l `partt, 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 011part, 2002/
11.16.090 Preliminary Assessment Reimburse-
ment 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 assess-
ment 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 determina-
tive and final.
(Ord. 1995 0 l !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. 1905 §1 %tilipt. 02
Printed October 24, 2002
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 reim-
burse the City for such costs before the agreement is
recorded.
`Ord 1995 §Ifparti, 2002)
11.16.120 Construction and Acceptance of
Improvements
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. 1 995 1 !part;, 2002i
11.16.130 Collection of Reimbursement Fees
A. Subsequent to the recording of a reimburse-
ment 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 agree
ment 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.
Printed September 3, 2002
%Orel. 1995 §I iparr 2012;
TITLE 11 RIGHT OF WAY USE
11.16.140 Segregation of Reimbursement Fees
The reimbursement agreement shall provide that
the City is authorized to make segregation or adjust-
ments to reimbursement fees because of subdivision
or boundary line adjustment of the benefited proper-
ties. 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.
i Ord. 1 095 1lparti, 2002/
11.16.150 Disposition of Undeliverable Reim-
bursement 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 l %oartji, 2002)
Page 11 -23
TUKWILA MUNICIPAL CODE
Sections:
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
11.20.080
11.20.090
11.20.100
11.20.110
11.20.120
11.20.130
11.20.140
11.20.150
11.20.160
11.20.010 Purpose
This chapter is intended to be implemented in a
manner to:
1. Facilitate the planting, maintenance, restora-
tion, 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 vegeta-
tion 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 com
munity."
11 -24
Chapter 11.20
RIGHT -OF -WAY VEGETATION
Purpose
Permit
Permit Exemptions
Permit Fee
Permit Criteria
Public Notice
Vegetation Restrictions
Interference
Sight Distance Requirements
Response to Emergencies
Replacement Vegetation
Damaging Vegetation
Topping
Tree Root Damage Liability
Maintenance of Plant Materials
Violations
(Ord. 1 9 §//part'. 2002)
11.20.020 Permit
Any person wishing to perform any vegetation
work within the public right -of -way must file an appli-
cation with the City and obtain a right -of -way use
permit prior to commencing any work.
Ord. 095 J; oarti, 200 2;
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 employ-
ees, agents and representatives may perform such
work without obtaining a permit.
f" Ord. 1 095 )(part), 200 2;
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. 799.5 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 consti-
tute a grant of a special privilege; and
6. If the proposed work is located within a
designated environmentally sensitive area, all neces-
sary environmental and sensitive area approvals have
been granted pursuant to TMC Chapter 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 s 1 "par_',• 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 state
ments 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;
Printed October 24, 2002
3. A citation of this chapter;
4. A brief description of the proposed vegeta-
tion work;
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 sub-
mit 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 neces-
sary to eliminate or minimize any undesirable effects
of granting the application. The Director's decision is
determinative and final.
'Ord. 1995 §11partj, 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 manufac-
tured, 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 §'lpart;. 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
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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 landscap-
ing, 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 landscap-
ing 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 require-
ments 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. 1905 0 1 i pa rt 2002j
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 !(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 %hart;, 2002;
11.20.120 Damaging Vegetation
No person shall intentionally damage, destroy or
mutilate any vegetation located in any public right -of-
Page 11 -25
TUKWILA MUNICIPAL CODE
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 vegeta-
tion, 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 !(95 §1 (pa 2002)
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 imprac-
tical, or where the topping is necessary to preserve the
public safety and welfare.
(Ord. 1 995 §s 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(par), 2002J
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.
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 §i ;Part:, 200)
11 -26 Printed October 24, 2002
Chapter 11.24
PLACEMENT OF SIGNS OR BANNERS
Sections:
11.24.010
11.24.020
11.24.030
11.24.040
11.24.050
11.24.060
11.24.070
11.24.080
11.24.090
Banner Permit
Permit Application Requirements
Qualified Applicants
Approved Locations
Time Limitation
Banner Removal Cost
Signs Prohibited within the Right -of -way
Removal of Signs
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. /995 §i partt,, 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:
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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. 19 i 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. 1905 §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 arrange-
ments and contracting with an approved installer to
hang any banner after the first banner at an approved
location. Any installations performed by the Depart-
ment 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' parL), 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 5:00P M the first
business day following the event.
(Ord. 1995 §l/part), 2002j
Page 11 -27
TUKWILA MUNICIPAL CODE
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.
fOrd. 19 1 %part1, 2002
11.24.070 Signs Prohibited within the Right -of -Way
A. Except as provided in this chapter, no person
shall place a sign of any size or description:
1. On (whether stationary or moving), above,
or over the right -of -way of a City street;
2. On, above, or over the right -of -way of a
State highway;
3. On a bridge or overpass; or
4. On a public or utility improvement.
B. Portable off premises residential directional real
estate signs announcing directions to an open house at
a specified residence that is offered for sale or rent are
permitted only when:
1. Signs are not placed on trees, foliage, utility
poles, or regulatory, directional or informational signs;
2. Each sign does not exceed four square feet
in area and 36 inches in height;
3. The agent or seller is physically present at
the property for sale or rent;
4. Each sign in the right of -way is outside of
vehicular and bicycle lanes, pedestrian sidewalks and
walkways, and City- maintained landscaping;
5. Signs do not block views; and
6. The signs may only be in place between
dawn and dusk.
C. This chapter shall not apply to regulatory,
directional, or informational signs installed by the City
or the State.
(Ord. 1905 1 (part;•, 2002)
11.24.080 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. 1945 1 /part 2002)
11.24.090 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
11 28
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 §'r, t
Printed October 24, 2002
Sections
11.28.010
11.28.020
11.28.030
11.28.040
11.28.050
11.28.060
11.28.070
11.28.080
11.28.090
11.28.100
11.28.110
11.28.120
11.28.130
11.28.140
Chapter 11.28
UNDERGROUNDING OF UTILITIES
Policy
Purpose
Scope
Facilities Excepted
Cost
Permits and Fees
Undergrounding Requirements
Service Connection Requirements
Street Lighting
Connections and Disconnections of
Affected Service
Site Screening
As -built Drawings
Joint Trenches
Request for Waiver
11.28.010 Policy
It is the policy of the City to require the under-
ground installation of all new electrical and communi-
cation 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. 1995 'i part 2002)
11.28.020 Purpose
The purpose of TMC 11.28 is to establish mini-
mum requirements and procedures for the under-
ground installation and relocation of electric and com
munication facilities within the City.
(Ord. 1995 71 ipart;i, 2002j
11.28.030 Scope
This chapter shall apply to anyone who owns elec-
trical or communication facilities, and to all new electri-
cal and communication systems, including but not
limited to electric power, telephone, telecommunica-
tion, and cable television facilities within the corporate
City limits.
Ord. 1995 !!pawl. 2002'
11.28.040 Facilities Excepted
A. The following facilities are excepted 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 11.28.110.
2. Electric transmission systems of a voltage
of 115 kV or more (including poles and wires) and
equivalent communication facilities.
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
3. Ornamental street lighting standards, as
defined by the Public Works Director.
4. Telephone pedestals, cross connect termi-
nals, repeaters, cable warning signs, and other equiva-
lent communication facilities.
5. Municipal 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. Secondary wiring for street lighting.
9. Cable television cables to the extent that
such cables are to be hung on existing utility poles in
areas of the City where electrical facilities under 115kV
or other distribution facilities are primarily overhead.
B. The Director shall decide if a facility qualifies for
an exception. The decision is determinative and final.
;Ord. 1 995 1 !part-, 2002
11.28.050 Cost
A. The cost of constructing new facilities under-
ground or relocating existing aerial facilities under
ground shall be borne by the serving utilities, the
owners of the real property to be served, or others in
accordance with the applicable valid tariffs on file with
the Washington State Utilities and Transportation
Commission, or other rules and regulations, or the
published policies of the respective utilities furnishing
such service, or as may be contractually agreed upon
between the utility and such owner or applicant.
B. In the absence of filed tariffs, rules or regula-
tions, published policies, or contractual agreement, the
cost of constructing new facilities underground or relo-
cating existing aerial facilities underground may be
financed by a local improvement district or any other
method authorized by State law.
(Ord. 1995 part,., 2002;
11.28.060 Permits and Fees
A. Unless as otherwise provided in any existing
franchise agreement, a permit for underground
construction shall be obtained from the Department
prior to construction of facilities in the public right -of-
way.
B. An appropriate fee shall be charged for this
permit, consistent with the schedule on file with the
Department.
!Ord. 1995 §!!parr; 2002)
11.28.070 Undergrounding Requirements
A. New Facilities:
1. New electrical or communication service
to a building where no service previously existed shall
be constructed underground. Does not include restora-
tions and /or repairs.
Page 11 -29
TUKWILA MUNICIPAL CODE
2. All major additions of new facilities (three
or more spans and /or 500 feet or more) shall be
underground.
3. Minor additions of new facilities may be
constructed aerially where existing services are aerial.
B. Rebuilds, Replacements and Additions:
1. A relocation necessitated by a public works
project, including, but not limited to, road realignment
or widening, sewer and water main projects, a major
rebuild or replacement of existing aerial facilities (three
or more spans and /or 500 feet or more) shall be
underground, and a permit from the Department shall
be required; except undergrounding shall not be
required in those cases where the Director finds that
undergrounding will not be in the best interest of the
public.
2. A minor rebuild, replacement or relocation
of existing aerial facilities that does not alter the essen-
tial system configuration may be constructed aerially.
3. When there is casualty damage to an over-
head service system or other major service outage, the
facilities may be restored aerially.
4. Installation of additional conductors to
provide one three -phase circuit is allowed on existing
aerial facilities.
5. Reconductoring for routine maintenance
that does not constitute a major rebuild is allowed on
existing aerial facilities. Routine maintenance is also
allowed on existing facilities for pole replacements and
replacement of miscellaneous hardware.
6. No work permitted by this subsection shall
result in an increase in the number of utility poles,
except an additional pole may be installed if an existing
pole that is suitable as a termination for underground
installation is not available within 300 feet of the closest
property line of the development site.
/Ord. 1 0 95 5` 1,(parr1, 2002;
11.28.080 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 under-
ground.
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.
11 -30
(Ord. 1905 §1 /;part, 2002)
11.28.090 Street Lighting
Street lighting facilities or systems, conforming to
the City Public Works Department standards in effect,
shall be installed as an integral part of all underground
projects constructed after the effective date of the ordi-
nance from which this section was derived.
(Ord. 1995 §1 %part', 20021
11.28.100 Connections and Disconnections of
Affected Service
The owner of real property abutting an under
ground 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 deliv-
ered 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, 1995 1 /partl, 2002:
11.28.110 Site Screening
Where a permit for the underground project is
required by this chapter, plans for all above ground
facilities shall be submitted to the Department of
Community Development for approval of site screen-
ing and setbacks, prior to issuance of a permit by the
Public Works Department.
/Ord. 1995 §11,nart-, 2002j
11.28.120 As -built Drawings
A drawing of a completed underground 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 the completion of any underground
project within the City. No bond money, deposit or
fee shall be released to the developer until the
Department receives the drawings.
!Ord. 1995 7'l i parr;, 2002)
11.28.130 Joint Trenches
Where several utilities are planned or required in
the same corridor, every effort shall be made by the
utilities to use joint trenches for such facilities.
1095 20
11.28.140 Request for Waiver
A. All applications for waivers from the foregoing
underground requirements shall be first filed with the
Director.
B. A waiver shall not be granted by the Director
unless the Director finds that the utility owner or user
or other affected parties can demonstrate that it would
be an undue hardship to place the facilities concerned
underground. For purposes of this chapter, undue
hardship is intended to mean:
1. A technological or environmental difficulty
associated with the particular facility or with the
particular real property involved that would render the
installation unfeasible; or
Printed October 24, 2002
2. The cost of the underground construction
outweighs the general welfare consideration in requir-
ing underground construction.
C. The Director may grant a deferral of the
requirement for undergrounding if the current
underground construction would not be in the best
interests and welfare of the public. A deferral is predi-
cated upon the applicant's willingness to sign a no-
protest LID agreement for future installation. The
Director's decision is determinative and final.
(Ord. 995 l; part:, 2002j
TITLE 11 RIGHT OF WAY USE
Printed September 3, 2002 Page 11 -31
TUKWILA MUNICIPAL CODE
Sections:
11.32.010
11.32.020
11.32.030
11.32.040
11.32.050
11.32.060
11.32.070
11.32.080
11.32.090
11.32.100
11.32.110
11.32.120
11.32.130
11.32.140
11.32.150
11.32.160
Chapter 11.32
TELECOMMUNICATIONS
Purpose
Administration
Existing Licenses or Telecommunications
or Cable Franchises
Existing Telecommunications Carriers
and /or Cable Operators Occupying the
Rights -of -Way without a License or
Franchise
Registration Required
License or Franchise Application
Determination by the City
Conditions
Applicability to Use of Rights -of -Way
Amendment of Grant
Renewal of Grant
Revocation or Termination of Grant
Grantee Insurance and Bond
Release, Indemnity, and Hold Harmless
Applicability of Fees and Compensation
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. 7 1 5 §Apart;, 20021
11 -32
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.
IUrd /995 §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. 1 995 par;t:, 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. /995 a 1 par%1, 2002-
11.32.050 Registration Required
A. Business Registration. All telecommunica-
tions 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 Chapter 5.04 of the TMC.
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 j 1 (part), 2002/
Printed October 24, 2002
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 License. If the telecom-
munications 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 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
Chapter 11.08 of the TMC.
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.
fOrd. 1 (195 1 `parti, 2002;
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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 will-
ingness and ability to mitigate and /or repair damage or
disruption, if any, to public or private facilities,
improvements, services or landscaping, if the applica-
tion is granted.
3. The grant to use the rights -of -way will
serve the community interest.
4. Applicable Federal, State and local laws,
regulations, rules and policies will be met.
Ord. 19 1 part J 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 telecommuni-
cations 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 telecommunications or cable provider with
prior City notification, provided that:
a. The grantee shall furnish the City 60
days advance 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
telecommunications 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
Page 11 -33
TUKWILA MUNICIPAL CODE
consistent with those required of other licensees and
telecommunications and cable franchises.
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 fran-
chise agreement, the term shall be for no more than
three years.
(Ord. 1905 i (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 underground construction requirements, all
11 -34
facilities shall be constructed, 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 tele-
phone, electric utilities, cable systems or telecommu-
nications 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 telecommuni
cations 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
determines such construction is in an area in which
another telecommunications or cable provider may
also construct telecommunications 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 con-
duit 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
Printed October 24, 2002
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 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 telecommunications
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
circumstances:
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, telecommuni-
cations 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
Printed September 3, 2002
TITLE 11 RIGHT OF WAY USE
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 Direc-
tor. 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 com-
mencement 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 expira-
tion, revocation or termination of any license, franchise
or cable franchise granted under this chapter.
Ord. 1 095 ((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, telecommunications
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 fran-
chise, or cable franchise assigned or transferred is sub-
ject to revocation.
(Ord. 1905 §Ilparty, 2002:
11.32.110 Renewal of Grant.
A. Renewal Application. A licensee or fran-
chisee 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.
Page 11 -35
TUKWILA MUNICIPAL CODE
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 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 chap-
ter, and all applicable laws, statutes, codes, ordinances,
rules and regulations have been cured, or a plan detail-
ing 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.
fOrd. 1905 1 Dart; 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
noncompliance.
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 Sanc-
tions. If persuaded that the grantee has violated or
failed to comply with a material provision of this chap-
ter or of a license, telecommunications 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 fran-
chise, and issue a written order, or to impose mone-
tary damages, a penalty, or other such lesser sanction
and cure, considering the nature, circumstances, extent
11 36
and gravity of the violation as reflected by one or more
of the following factors:
a. Whether the misconduct was egre-
gious.
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.
lOrd, 1905 1 parti 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 chap-
ter, 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, reason-
able attorney's fees arising out of or in connection with
the telecommunications or cable facilities, the perform-
Printed October 24, 2002
ance of any work, the operation of any telecommuni-
cations 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 facil-
ities 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
employees of any person including payment 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 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 harm-
less 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 inter-
ference 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.
Printed September 3, 2002
!Ord. /995 I r 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
TITLE 11 RIGHT OF WAY USE
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 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)(e).
;'Ord. /l 95 /(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. 1905 §:I/part', 20021
Page 11 -37
TUKWILA MUNICIPAL CODE
Sections:
11.60.010
11.60.020
11.60.030
11.60.040
11.60.050
11.60.060
11.60.070
11.60.080
11.60.090
11.60.100
11.60.110
11.60.120
11 -38
Chapter 11.60
STREET AND ALLEY
VACATION PROCEDURE
Purpose
Streets Abutting Water
Filing
Fees and Charges
Valuation and Compensation
Property Trade in Lieu of Payment
Waiving Compensation
Other Governmental Agencies
Title to Vacated Street
Procedure
Limitations on Vacation
Approval of Vacation
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.
;Ora. /995 l p 20(2)
11.60.020 Streets Abutting Water
Streets abutting water shall not be vacated unless
in compliance with RCW 35.79.030.
(Ord. 1995 /I parti, 2002)
11.60.030 Filing
A. The petition for street vacation shall be submit-
ted 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 applica-
tion 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.
Ora. 1 995 l r p 2002
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. /995 §1 r parr;, 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 valua-
tion, 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 iiparti, 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. 1905 §11 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. /095 §11parr 2002
Printed October 24, 2002
11.60.080 Title to Vacated Street
The title to the vacated street shall be granted
equally to abutting property owners.
Ord. 1995 §1pari, 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 §i(partj, 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 i pari). 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. 1 095 5 1 (.oartt, 2002;
TITLE 11 RIGHT OF WAY USE
Printed September 3, 2002 Page 11 -39