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Subject:Index:
PUBLIC WORKS
TEMPORARY USE OF Number:
EXCESS RIGHT-OF-WAY 400-10
Effective Date: upersedes: Page Of Prepared by: Approved by:
4-13-87 1 4 Dick Houghton
5.
1.0 PURPOSE:
To establish policy and procedural guidelines which will determine how,
when, and at what cost the City will allow the temporary use of City
right-of-way for non-municipal uses.
2.0 ORGANIZATIONS AFFECTED: All departments/divisions.
RMC 9-2-3 Ordinance No. 4260
3.0 REFERENCES: Y, u a C . 5:
4.0 POLICY:
4.1 By Council action, the Board of Public Works has been delegated
the authority to receive and act upon applications for the
temporary use of City right-of-way. For approval to be granted,
the following conditions must apply:
4.1.1 The property requested for private use must be unneeded
and unused by the City at the time of the applicatio and
in the foreseeable future.
4.1.1.1 The Board should, however, determine that the
subject right-of-way may be necessary for public
use at some later date. If this is not the
case, the applicant should be encouraged to
request that the City Council consider vacating
the right-of-way permanently.
4.1 .2 The right-of-way must directly abut property owned or
controlled by the applicant.
4.1.3 Applications must include sufficient and specific plans
describing the proposed use of the right-of-way.
400-10
TEMPORARY USE OF EXCESS RIGHT-OF-WAY
PAGE 2
4.2 The Board has the right to impose conditions or terms on the
issuance of a permit in order to protect the public health,
safety, welfare, general appearance, and aesthetics of the
subject area.
4.2.1 All permits shall be revocable, subject to termination
upon thirty days' written notice.
4.2.2 Prior to the issuance of the permit, the applicant must
provide copies of insurance policies with special
endorsements in favor of the City. Such policies must
provide sufficient public liability and property damage
insurance with limits of not less than $100,000/$300,000
on account of public liability and not less than $50,000
for property damage.
4.2.3 Applicants shall enter into a hold harrnless and indemnity
agreement and/or a performance or maintenance bond
approved by the City Attorney.
4.3 The Board also has the right to deny the permit if it determines
that it is not in the public interest and will not further the
public safety, welfare, and general appearance and aesthetics of
the area.
4.4 Whenever an application is made for the construction and
maintenance of any bus shelter or similar improvement in the core
area of the City on public right-of-way, approval shall also be
required from the City Council .
4,5 When an application is approved, the Board shall determine a
non-refundable fee as established by ordinance for the temporary
use of the right-of-way. The fee shall be determined as follows:
4.5.1 For single family or two family residential uses, the fee
shall be $10 annually.
4. 5.2 For other uses where there i s no publ i c benefi t, the fee
shal l be equi val ent to one-hal f of one percent (0.5q) per
month of the value of the land to be utilized, payable
yearly in advance. Right-of-way value shall be based on
the assessed value of the land adjoining the property as
established by the King County Assessor.
4.5.3 For all uses where there is a public benefit, the fee
shall be equivalent to one-half of one percent (0.5q) per
year of the assessed value of the property, but in no case
less than $10, payable yearly in advance.
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TEMPORARY USE OF EXCESS RIGHT-OF-WAY
PAGE 3
4.5.4 A no fee permit may be issued only when the applicant is a
public agency and when the proposed use of the
right-of-way consists of the provision of a direct service
to the public (e.g. , METRO applications for right-of-way
for bus shelters).
4.6 Any permit requiring a fee of $250 per year or more is subject to
the prevailing State Leasehold Tax (currently 12.84). The City
shall act as the collection agency for this tax. The Leasehold
Tax shall be paid concurrent with and in addition to the City fee.
4.7 In the case of non-payment of the established fee or failure to
maintain the insurance or indemnity agreement by such user, the
revocable permit shall be deemed cancelled.
5.0 DEFINITIONS:
5.1 Public Benefit: For the purpose of this policy, 'public benefit'
status shall be applied when the use of 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.
A permit issued for right of way to be used totally or in part
for the exclusive benefit of the owners, tenants, residents,
employees, or customers of the applicant shall not be deemed to
be a public benefit, even if the definition would otherwise apply.
5.1.1 Examples:
a) Public benefit would apply, for instance, when The
Boeing Company constructed covers over the sidewalks
at N. 8th and Park Avenue PJ. These facilities were
not required; they were provided at private expense
and are available to any transit user in the community.
b) Public benefit would not apply in the instance when a
company applies for a street use permit to construct a
portion of their required parking on City right-of-way
and provide landscaping on the remainder to enhance
the aesthetic quality of the neighborhood. In this
case, a portion of the right-of-way is being used for
exclusive private benefit and, therefore, none of the
right-of-way covered by the permit shall qualify for a
reduced fee.
400-10
TEMPORARY USE OF EXCESS RIGHT-OF-WAY
PAGE 4
5.2 Core Area: For the purpose of this policy, 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.
6.0 PROCEDURE:
6.1 An application for use of City right-of-way shall be presented on
appropriate City forms to the Public Works Director's office
forms are available at this location).
6.2 Applications must be accompanied by sufficient plans describing
the proposed right-of-way.
6.3 The completed application will be submitted for Board
consideration at the next regularly scheduled meeting. The
applicant will be invited to attend. However, a decision may be
made without the presence of the applicant, at the discretion of
the Board.
6.4 If the application is approved, the permit shall be issued upon
receipt of the insurance, hold harmless/indemnity, and bond
documents described above.
6.5 The Board shall thereafter review each permit annually, adjusting
the fee as appropriate.
6. 6 If the application is denied, the applicant may appeal the
decision to the Hearing Examiner as an appeal of an
administrative determination. Such appeal shall be filed in
writing within 14 days of the date that the action was taken.
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