Chapter 12.38
RIGHT-OF-WAY MAINTENANCE
Sections:
12.38.020 Existing public right-of-way.
12.38.030 Upgrading unpaved roads.
12.38.080 Sidewalks and bike paths.
12.38.090 Conflicting provisions.
12.38.010 Definitions.
A. “Right(s)-of-way (ROW)” means the public property limits, whether in fee simple or easement, identified for public use and/or facilities.
B. “Roadway” means the road wearing surface, including shoulders, conveyance system, and stormwater treatment and/or flow control facilities (in accordance with Chapter 15.20 BIMC) constructed to protect the adjoining properties and the road base.
C. “Road” means the wearing surface only.
D. “Minimum maintenance” means the grading of unpaved roads, to be performed a maximum of twice a year, within budgetary constraints. (Ord. 2016-28 § 6, 2016: Ord. 2003-22 § 15, 2003; Ord. 94-11 §§ 1, 10, 1994)
12.38.020 Existing public right-of-way.
Maintenance of existing public ROW shall be as follows:
A. Paved Roads and Permeable Pavement Roads. The city will maintain all paved and permeable pavement roads in accordance with city procedures and within budgetary constraints.
B. Unpaved Roads. The city will perform minimum maintenance on unpaved roads in accordance with city procedures and within budgetary constraints.
C. Refer to Chapter 15.20 BIMC for pavement maintenance exemptions to determine if stormwater requirements will be triggered. (Ord. 2016-28 § 6, 2016: Ord. 2001-29 § 1, 2001: Ord. 94-11 § 2, 1994)
12.38.030 Upgrading unpaved roads.
Upgrading of unpaved roads in public right-of-way, at the request of the adjoining property owners, shall be done through the local improvement district process, property owner funding, or with other sources of funds. Refer to Chapter 15.20 BIMC for the pavement maintenance exemptions to determine if stormwater requirements will be triggered. Permeable pavement is preferred where feasible for upgraded surfaces. Upon completion of the upgrade project to city standards, the city will accept the road for perpetual maintenance in accordance with BIMC 12.38.020.A. (Ord. 2016-28 § 6, 2016: Ord. 2001-29 § 2, 2001: Ord. 94-11 § 3, 1994)
12.38.040 Private utilities.
Private utilities may not be placed in public ROW, except as franchised in accordance with RCW 35A.47.040. Ongoing maintenance of such authorized private utilities shall be the owner’s responsibility including the requirement to repair any damages to public property. (Ord. 94-11 § 4, 1994)
12.38.050 Open cuts.
“Open cuts” of roads for utilities will not be allowed unless the road is scheduled to be overlaid within 12 months after the “open cut,” or unless the utility being worked on exists within the road, or unless no reasonable alternative exists. (Ord. 94-11 § 5, 1994)
12.38.060 Plugs.
Right-of-way “plugs” such as those on Palomino Drive and Sorrel Way, or as subsequently identified, shall be deemed as public ROW. (Ord. 94-11 § 6, 1994)
12.38.070 Street lights.
Street lights, at city expense, may be installed in the ROW within the urban area only, as approved by the director of public works, and in no case closer than 300 feet apart. No street lights will be allowed in the right-of-way in rural areas, unless approved by the director of public works, and at other than the city’s expense. (Ord. 94-11 § 7, 1994)
12.38.080 Sidewalks and bike paths.
Sidewalks and bike paths/paved shoulders, will be placed as indicated in the current city plan for such facilities. No street lights or mail boxes will be installed within these facilities. (Ord. 94-11 § 8, 1994)
12.38.090 Conflicting provisions.
If there is conflict between this chapter and any existing ordinances, this chapter will prevail. (Ord. 94-11 § 9, 1994)