Ordinance 34850006.900000
WSS /gjz
12/31/03
ORDINANCE NO. 3485
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
CHAPTER 18.60 REGARDING RIGHT -OF -WAY
CONSTRUCTION PERMITS AND CHAPTER 18.70
RELATING TO STREET USE AND ENCROACHMENT
PERMITS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the Development Services Department has recommended technical
correction to Chapters 18.60 and 18.70 relating to right -of -way construction permits and street
use and encroachment permits in order to streamline and make more effective the operation of
the permit process; and
WHEREAS, the City Council deems it to be in the public interest to do so, as well
as to set fees by separate fee resolution; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Chapter 18.60 Right-
of-Way Construction Permits is hereby amended to read as follows:
Chapter 18.60
RIGHT -OF -WAY CONSTRUCTION PERMITS
Sections:
18.60.000
Permits required.
18.60.010
Exemptions.
18.60.020
Applications
18.60.030
Repaving.
18.60.040
Fees.
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18.60.000 Permits required.
No person shall enter the City right -of -way for the purpose of
excavation, construction, maintenance or repair without first
obtaining a permit from the development services director or city
engineer. City rights -of -way include all easements, licenses or
other rights of entry owned by the City.
18.60.010 Exemptions.
Street or utility maintenance or improvement work performed by
the city; street or sewer installation or water installation or
improvement work authorized by permit or ordinance.
18.60.020 Applications.
Applications for right -of -way construction permits shall contain, in
addition to the information required under any other applicable city
code, the following information:
A. Site Plan, showing the location of construction,
maintenance or repair, proposed construction, existing utilities and
improvements, and proposed methods of final site restoration.
B. Traffic Control Plan. Must meet minimum Manual on
Uniform Traffic Control Devices (MUTCD) requirements.
C. Complete Right -of -Way Permit application. Application
must be signed by a licensed and bonded contractor, unless
otherwise approved by the development services director or city
engineer.
D. Such other information as the city engineer or designee of
the development services director shall designate.
18.60.030 Repaving.
Final restoration of an open cut shall be accomplished at the
discretion and direction of the public works director. The public
works director shall have the option of directing the final surface
restoration to be accomplished by the city or he may waive the city
restoration requirement for special projects where the type of work
eliminates the need for city patching requirements. The public
works director will issue a current rate schedule to the contractor
for city patching costs, which schedule shall be a part of the permit
application.
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18.60.040 Fees.
Application and inspection fees shall be as set in Chapter 15.00
ECDC, established by the city council resolution in its sole
legislative discretion.
Section 2. The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 18.70 Street Use and Encroachment Permits in its entirety
to read as follows:
Chapter 18.70
STREET USE AND ENCROACHMENT PERMITS
Sections:
18.70.000 Permits required.
18.70.010 Exemptions.
18.70.020 Applications.
18.70.030 Review.
18.70.040 Revocation.
18.70.050 Fees.
18.70.000 Permits required.
No person shall use or encroach upon any public place without
obtaining a permit from the development services director or city
engineer.
A. Encroachment Permit. An Encroachment Permit is
required to encroach upon any portion of City public space, right -
of -way or easement area with permanent structures. To encroach
means to construct, erect or maintain in, over or under any public
place, right -of -way, easement, roadway, parking strip and/or
sidewalk, including the airspace above them, any structures
permanent in nature, including but not limited to, building
extension, marquee, fence, retaining wall or any other building or
structure.
B. Street Use Permit. A Street Use Permit is required to use
any portion of public space or City right -of -way for objects which
are temporary in nature.
1. To use means to place or maintain in, over or under
any public place, right -of -way, roadway, parking strip and/or
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sidewalk, including the air space above them, any temporary or
movable object.
2. Temporary in nature, in reference to Street Use
permits, means not having or requiring permanent attachment to
the ground, or involving structures which have no required
permanent attachment to the ground.
Neither of the above definitions shall be interpreted to prohibit the
parking of a properly licensed vehicle within the parking strip
adjacent to their property line of sight, and street plantings.
18.70.010 Exemptions.
This chapter shall not apply to:
A. Any noncommercial use (such as residential, churches,
schools, etc.) in areas zoned residential, which does not involve a
building or structure. This exemption shall not be construed to
grant any vested right of use or to permit the continuation of such
use and such uses are hereby deemed and declared to be
permissive and shall be promptly removed upon the order of the
city of Edmonds.
B. Installation of fences across City utility easements, if the
City's easement is not for vehicular access and a point of access
(e.g. gate) is provided to allow the City a point of entry to the
easement area. Fences shall be permitted in accordance with this
chapter and the provisions of this code prior to their installation.
18.70.020 Applications.
Applications for street use or encroachment permits shall contain,
in addition to the information required under any other applicable
city code, the following information:
A. Street Use Permit.
1. Architectural Design Board approval, when
applicable.
2. Certificate of insurance.
3. Complete Street Use Permit application.
B. Encroachment Permit.
1. Critical Areas determination, when applicable.
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2. Architectural Design Board approval, when
applicable.
3. Partial site plan, to be recorded with Snohomish
County, clearly showing proposed encroachment, private property
lines, all existing structures and driveways, easements and/or
public property (developed or undeveloped).
4. Legal Description, including copies of all recorded
easements on the property.
5. Elevation view or side view of the proposed
encroachment.
6. Ownership. Evidence showing the applicant to be
the agent record owner of the property immediately adjoining the
public place or right -of -way.
7. Certificate of insurance.
8. Complete Encroachment Permit application.
9. Complete Encroachment Agreement, to be recorded
with Snohomish County.
C. Such other information as the city engineer or designee of
the development services director shall designate.
D. The encroachment agreement shall require prompt removal
of the encroachment by the applicant at his/her /its expense upon
reasonable demand by the city engineer and be legally adequate for
recording in the land records of Snohomish County and the chain
of title of the applicant's property. Such encroachment agreements
may be executed as acknowledged on behalf of the city by the city
engineer and recorded by the city clerk following approval as to
form by the city attorney. [Ord. 3367 1, 2001].
18.70.030 Review.
A. Architectural Design Board. Any application for a permit to
construct, erect or maintain an awning, marquee, sign or any
structure in a public place may be referred by the development
services director or his /her designee to the architectural design
board. If referred to the board, the board shall review the plans and
specifications as they relate to Chapter 20.10 ECDC.
Applications for mobile street vending units shall be reviewed in
accordance with ECC 4.12.055 by the architectural design board.
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B. Issuance by Development Services Director or City
Engineer. The development services director, city engineer or their
respective designee, may administratively, without hearing,
approve a street use or encroachment permit if:
1. The proposed use shall not interfere with vehicular
or pedestrian traffic, including but not limited to the following
requirements:
a. No portion of the public right -of -way
designed and intended for vehicular traffic or parking shall
be permanently occupied;
b. Requirements of the State Building Code,
including but not limited to all provisions relating to
disabled accessibility and barrier -free design requirements
shall be met;
C. Any mobile vending units shall be properly
licensed pursuant to Chapter 4.12 ECC; and
d. Adequate compensation has been paid for
use of the public right -of -way (see subsection D of this
section);
2. The architectural design board has reviewed and
approved any proposal which includes a request to construct, erect
or maintain an awning, building, sign or any building or structure;
3. The proposal will not unreasonably interfere with
the rights of the public; and
4. The proposal (if for an encroachment) benefits the
public interest, safety or convenience. (e.g. supports or protects
the City street, reduces pedestrian hazards)
C. Bay Windows, Decks, and Related Architectural Features.
In an effort to allow for more creative designs and a better overall
appearance in the downtown area, bay windows, decks, and related
architectural features may encroach into the public right -of -way
within the central business district or any other zone in which no
setback from the lot line is required, subject to the following
requirements:
1. All conditions and requirements set forth in this
chapter have been met and adequate compensation has been paid;
2. The encroachment shall not occur over alleys;
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3. The building encroachment shall not project more
than two feet (24 inches) into the right -of -way;
4. The encroachment shall not exceed 30 percent of
the length of the facade on any one side of the building;
5. The encroachment shall provide for •a minimum
clearance height of eight feet over any pedestrian right -of -way and
a minimum clearance height of 11 feet over any vehicular right -of-
way, whichever is greater;
6. The encroachment shall be approved by the
Architectural Design Board as contributing to a modulated facade
design which enhances the variation and appearance to the public
of the overall building design and public streetscape.
D. Appeal. The decision of the development services director,
city engineer, or their respective designees, may be appealed to the
hearing examiner under ECDC 20.105.030; provided, however,
that the establishment of compensation for use of the public right -
of -way is a legislative decision of the city council and is not
subject to judicial review.
E. Insurance Requirement. When the application is for use or
encroachment unto a public right -of -way including but not limited
to, streets, roads, alleys, trails, sidewalks, bikepaths, pedestrian
easements, and any other easement intended for the use of the
public, the applicant will be required to provide and continually
maintain during the term of the permit a certificate of insurance
naming the city as an additional insured, with respect to liability,
and providing that it shall be primary as to any other policy of
insurance. The policy must contain the additional insured
statement, coverage amounts and cancellation notification
indicated on the sample insurance form provided by the city. In
addition, the applicant shall sign a covenant to hold harmless and
indemnify the city which will be recorded and run with the land in
a form approved by the city attorney.
F. Nothing herein shall be interpreted to permit the base or
ground support for any sign to be located upon or attached to the
ground within the public right -of -way. [Ord. 3367 1, 2001].
18.70.040 Revocation.
A. (1) Except as provided below, all permits approved under
this chapter shall be temporary, shall vest no permanent right and
shall be issued and may in any case be revoked at the sole
discretion of the city upon 30 days' notice, or without notice, in the
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event any such use or occupation shall become dangerous; any
structure or obstruction so permitted shall become insecure or
unsafe; shall become a public nuisance; or shall not be constructed,
maintained or used in accordance with the provisions of this
chapter. The determination by the city engineer that a structure is
dangerous, insecure, unsafe, a nuisance or has not been
constructed, used or maintained in accord with this chapter shall be
conclusive.
(2) Permits shall also be revoked, if following written
notice of the lapse of an insurance policy required to be maintained
by ECDC 18.70.030(E), the permittee fails to supply a valid
certificate of insurance.
B. Permits issued for architectural features pursuant to ECDC
18.70.030(C) shall be issued for an initial term of 10 years. A
permit for an architectural feature may be revoked at any time as
provided in subsection A of this section. If revoked before the end
of the 10 -year term, at the will of the city, the holder of the permit
shall be reimbursed for any consideration provided for the permit.
Reimbursement shall not be required if the permit is revoked due
to its having become dangerous, a public nuisance, unsafe or is not
constructed in accord with the terms of permit issuance. Permits
for architectural features shall be automatically renewed, if not
revoked by the city, for additional 10 -year terms subject to such
additional consideration as the city may require..
C. If any such structure, obstruction, use or occupancy is not
discontinued on notice to do so by the city engineer and within the
time period designated, the city engineer may remove any structure
or obstruction, or make such repairs upon the structure or
obstruction as may be necessary to render the same secure and
safe, at the expense of the permittee, or his successor, and such
expense may be recorded as a lien and otherwise collected in the
manner provided by law.
18.70.050 Fees.
Application fees for street use or encroachment permits are those
established by the city council by resolution in its sole legislative
discretion. Application fees shall be paid to the city prior to
issuance of any permit. There shall be no judicial appeal from a
determination of the compensation to be paid for the use of public
right -of -way.
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Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
Z44"t-'
MAYO G HAAKENSON
ATTEST /AUTHENTICATED:
xAak� 5t/ (�
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY 5�&&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01/16/2004
PASSED BY THE CITY COUNCIL: 01/20/2004
PUBLISHED: 01/27/2004
EFFECTIVE DATE: 02/01/2004
ORDINANCE NO. 3485
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SUMMARY OF ORDINANCE NO. 3485
of the City of Edmonds, Washington
On the 20th day of January, 2004, the City Council of the City of Edmonds,
passed Ordinance No. 3485. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER
18.60 REGARDING RIGHT -OF -WAY CONSTRUCTION PERMITS AND CHAPTER 18.70
RELATING TO STREET USE AND ENCROACHMENT PERMITS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21St day of January, 2004.
'ate JV 4 �
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, } S.S.
COUNTY OF SNOHOMISH
SUMMARY__OF_OADINANCE N.O 3885
On the 20th day off Januarymo2004�the Cif Council of the
ty
C ty of Edmonds, passed Ordinance
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
No. 3485. A summary of {
the content of said ordinance, consisting of the title, provides
as follows:
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- {
TON AMENDING THE PROVISIONS
Snohomish, and State of Washington; that said newspaper is a newspaper of general
WMUNITY OF THE EDMONDS
circulation in said County and State; that said newspaper has been approved as a legal
RE-
GARDING RIGHT -0FO -WAYN CONST UCT ONR PERMITS
AND CHAPTER 18.70 RELATING TO
newspaper by order of the Superior Court of Snohomish County and that the notice
STREET. USE AND
ENCROACHMENT PERMITS, AND FIXING A TIME WHEN
,THE SAME SHALL BECOME EFFECTIVE.
City of Edmunds
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of January,
2004.
CITY CLERK, SANDRA S. CHASE
` C
Published: January 27, 200 J J
Summary of Ordinance No. 3485
RECEIVED
FEB 0 3 2004
EDMONDS CITY CLERK
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
January 27, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and
day of
before me this
2004
Notary Public in and for the State of
County.
27th
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Nom': 'OUBLIG '
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Account Name: City of Edmonds Account Number: 101416 Order Number. 0001128465