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Home My WebLink AboutORD 4912Amends ORD #'s 3810, 4050, 4723 & 4087 CITY OF RENTON, WASHINGTON , , , . mn ' * ' Amended by ORD 5156 ORDINANCE NO. 4912 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 9-2-1 THROUGH 9-2-5, AND SECTION 9-2-7 OF CHAPTER 2, EXCESS RIGHT-OF-WAY USE, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AUTHORIZING TEMPORARY AND PERMANENT USE OF PORTIONS OF A RIGHT-OF-WAY THAT ARE BELOW GRADE OR INVOLVE AIR RIGHTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 9-2-1 of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: CREATION: There are hereby created procedures for the granting of revocable permits for the temporary use of excess public right-of-way, and for easements. SECTION II. Section 9-2-2.A of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Any person, partnership or corporation desirous of temporarily or permanently using and occupying unneeded and unused public right-of-way and whose property directly abuts and adjoins such public right-of-way, may apply to the Board of Public Works for the purpose of securing a revocable permit or permanent easement for such use. Such application shall include sufficient and specific plans as to the proposed use and any such use and occupancy shall be in 1 ORDINANCE NO. 4912 compliance with all of the City's laws and ordinances. If such application is for a permanent easement, that application shall additionally include the following: 1. Evidence, such as a title policy, title search or other similar mechanism showing that the applicant owns the underlying fee to the public right-of-way; or 2. If the applicant is not the owner in fee of the property burdened by the right-of-way, then a quit claim deed or easement from the fee owner; or 3. In doubtful cases, or where ownership cannot be proven, what title history is available, and a covenant running with the land holding the City harmless from any and all later claims for damages, inverse condemnation, injunction or other action premised upon the City's granting of the permanent easement. 4. Where the City is the fee owner of the property in question, subsections 1- 3 shall be deemed satisfied. SECTION III. Section 9-2-3 of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Revocable Permits: Prior to the issuance of any revocable permit, the Board of Public Works shall find and determine that the City has no foreseeable use or need for such excess or unused public right-of-way for the period of time of the permit. B. Permanent Easements: Prior to the issuance of any permanent easement, the Board of Public Works shall review the application and determine that the easement is the minimum that will be necessary, that the easement will not negatively affect the current or anticipated future use of the right-of-way, and that the public good, in balance, is furthered by such easement. The easement is intended to allow granting of minor easements for eave 2 ORDINANCE NO. 4912 overhangs, foundation footings or similar minor uses when approved by the Board of Public Works, when the structures are deemed to be of significant benefit to the City. Such permanent easement shall be limited to no more than three feet in width for underground structures such as foundation footings, and no more than eight feet in width for structures aboveground such as eave overhangs or bay windows. In no case shall aboveground structures be less than 14 feet from ground elevation, nor shall they extend over the surface of a paved street, but shall be limited to over sidewalks, alleys, landscape areas, or unimproved areas. C. Vacation of Right-of-Way: If the subject right-of-way will not be necessary for future public use, then the applicant should be encouraged to apply for a vacation of the right-of- way. The application for use of right-of-way shall be tabled until the applicant refuses to apply for vacation or the vacation is denied by the City Council. If the vacation is granted, the application for use shall be dismissed. D. Authority and Conditions: The Board shall further have the right to impose such conditions or terms as may appear reasonable under the circumstances in order to protect the public safety, welfare, general appearance and aesthetics of the subject area. The Board of Public Works shall likewise have the authority to deny the permit should it find that it is not in the public interest and will not further the public safety, welfare, general appearance and aesthetics of the subject area. SECTION IV. Section 9-2-4 of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: FEE DETERMINED: 3 ORDINANCE NO. 4912 When an application is approved, the Board shall determine a nonrefundable fee as established by ordinance for the temporary use of the right-of-way or granting of a permanent easement. The fee shall be as stipulated in Section 4-1-180.E. SECTION V. Section 9-2-5 of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: A. Termination of Revocable Permits: All revocable permits shall be subject to termination upon thirty (30) days' written notice by the City. B. Insurance Required: Any easement applicant under this Section or any permittee shall provide, prior to the issuance or grant of any such revocable permit or permanent easement, sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) on account of public liability and not less than fifty thousand dollars ($50,000.00) on account of property damage. Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City. Upon showing of a hardship and at the discretion of the Board of Public Works, the insurance requirements may be reduced or waived for single-family or two- family residential applications. For municipalities or utilities that are self insured, there may be substituted a statement of self insurance showing the ability to answer for damages in the amounts stated in this paragraph. C. Agreement Required: Any easement holder or permittee shall furnish unto the City an appropriate hold harmless and indemnity agreement as may be approved by the City Attorney and/or a performance or maintenance bond. 4 ORDINANCE NO. 4912 D. Cancellation or Rescission: In case of any nonpayment of the established fee, or failure to maintain the insurance or indemnity agreement by such user, the revocable permit shall be deemed cancelled, or the easement rescinded. SECTION VI. Section 9-2-7 of Chapter 2, Excess Right-Of-Way Use, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: DEFINITIONS: CORE AREA: For the purposes of this Section, the core area of the City shall be recognized as that area bounded by the center lines of Smithers Avenue S. from S. 4th Place to S. 3rd Street and Logan Avenue S. from S. 3rd Street to the Cedar River, bounded on the north by the Cedar River, east to Mill Avenue S., south to S. 4th Street, and west to Smithers Avenue S. PUBLIC BENEFIT: For the purposes of this Section, a use shall be one of "public benefit" when the use of the public right-of-way creates and/or enhances the general public health, safety, welfare, general appearance and aesthetics of the subject area. Such benefit shall only be recognized when it is provided without remuneration and is offered in excess of the dictates of statutory or regulatory guidelines. SECTION VII. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 20th day of August ,2001. 5 ORDINANCE NO. 4912 APPROVED BY THE MAYOR this 20th day of August _,2001. ( I *^ // Jess%'Tanner, Mayor Approved asto^brm: Lawrence J. Warren, City Attorney Date of Publication: 8/24/2001 (Summary) ORD.914:8/01:ma 6