Chapter 12.14
PUBLIC PLACE USE PERMITS
Sections:
12.14.010 Disclaimer of city liability.
12.14.030 Compliance with law.
12.14.060 Processing of applications.
12.14.070 Surety bond – Liability insurance.
12.14.110 Fees, insurance and bond.
12.14.120 Installation of underground facilities.
12.14.010 Disclaimer of city liability.
A. Issuance of any permit pursuant to this chapter does not constitute the creation of a duty by the city to any person or to indemnify any person for any wrongful acts of a permit holder against any person or the public, or to otherwise shift responsibility from the licensee to the city.
B. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a permit holder or applicant for a permit to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city, its officers, employees or agents.
C. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this chapter.
D. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the permit holder or applicant for permit within its scope, and no provision of nor term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation of this chapter shall be discretionary and not mandatory. (Ord. 702 § 1, 1994)
12.14.020 Definitions.
The words and phrases used in this chapter shall be construed as follows, except where the same shall be clearly contrary to or inconsistent with the context of the chapter or the section in which used:
A. “Abutting property” means and includes the property adjacent to the margin of a public place contiguous to and with reference to said public place.
B. “Administrator” means the administrator of the city, or the administrator’s designee.
C. “Council” means the city council for Clyde Hill.
D. “Decision-maker” means the person or body who makes the decision under this chapter. For public place use permits for siting a WCF, the council shall be the decision-maker. For all other public use permits, including for small wireless facilities, the administrator shall be the decision-maker.
E. “Driveway” means and includes that portion of a public place which provides access to an off-street vehicular facility as is well-defined or as is designated by authorized signs or markings.
F. “Nonprofit” means the use of the public place for any charitable or municipal purpose or for the personal, nonbusiness use of an abutting property owner.
G. “Profit” or “for-profit” means the use of any public place for any business purpose or any other purpose that does not meet the definition of “nonprofit.”
H. “Private use” means use of the public place for any use other than use as a thoroughfare for any type of vehicles, pedestrians or equestrians.
I. “Public place” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks and planting (parking) strips, squares, triangles and rights-of-way open to the use of the public, and above or beneath the surface of the same, or any other property which is owned or leased by the city.
J. “Small wireless facility” means a small wireless facility as defined in Chapter 17.78 CHMC.
K. “Use” means and includes to construct, store, erect, place upon or maintain, or operate in, upon, over or under any public place, area, way or awning; or to use or occupy any public place for the storage or placement of any material, equipment or thing; or to open, excavate, or in any manner disturb or break the surface or foundation of any permanent pavement that is not a part of a street or roadway, or to alter the established grade of any street, or to disturb the surface of, dig up, cut, excavate or fill in any public place that is not a part of a street or roadway; or to construct, reconstruct, maintain or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, driveways, street lighting or appurtenances thereto, except when permitted by ordinance; or to do any work in, or erect any structure under, along or over any public place. This definition shall not include any actions defined as “street opening” in Chapter 12.08 CHMC.
L. “WCF” means wireless communications facility as defined by Chapter 17.77 CHMC. (Ord. 969 § 5, 2020; Ord. 777 § 1, 1997; Ord. 772 § 1, 1997; Ord. 748 § 1, 1996; Ord. 702 § 1, 1994)
12.14.030 Compliance with law.
All work to be done under the authority of this chapter shall be accomplished in compliance with the city’s building code, the State Safety Code, and any other applicable law, and shall diligently proceed without undue delay or inconvenience to the public. (Ord. 702 § 1, 1994)
12.14.040 Permit required.
No person shall use any public place without first obtaining a public place use permit. (Ord. 702 § 1, 1994)
12.14.045 Permit types.
The following types of public place use permits are established:
A. Type A – Short-Term Nonprofit.
1. Type A permits may be issued for use of the public place for less than 24 continuous hours for nonprofit purposes which do not involve significant physical disturbance of a right-of-way. A Type A use may involve disruption of pedestrian or vehicle traffic or access to private property and may require inspections, clean-up, and police surveillance. For periods in excess of 24 continuous hours, the applicant shall apply for a Type D permit.
2. Type A permits include, but are not limited to, the following, when for nonprofit purposes:
a. Assemblies;
b. Bicycle races;
c. Parades and processions;
d. Nonmotorized vehicle races;
e. Street dances; or
f. Street runs.
B. Type B – Short-Term Profit.
1. Type B permits may be issued for use of a public place for less than 72 continuous hours for profit purposes which do not involve physical disturbance of a right-of-way. A Type B use may involve disruption of pedestrian or vehicle traffic or access to private property and may require inspections, clean-up, and police surveillance. For periods in excess of 72 continuous hours, the applicant shall apply for a Type E permit.
2. Type B permits include, but are not limited to, the following, when for profit purposes:
a. Fairs;
b. Temporary sale of goods; or
c. Temporary street closures.
C. Type C – Disturbance of Public Place.
1. For opening or cutting into a right-of-way, a permit for street opening under Chapter 12.08 CHMC must be obtained.
2. Type C permits may be issued for use of a public place for activities that will alter the appearance of or disturb the surface, supersurface, or subsurface, of a public place on a temporary or permanent basis, but which activities do not constitute street opening as defined by CHMC 12.08.010.
3. Type C permits include, but are not limited to, the following activities:
a. Installation or demolition of culverts, curb cuts, drainage facilities, or driveways;
b. Installation or demolition of fences or landscaping.
D. Type D – Long-Term and Permanent Nonprofit.
1. Type D permits may be issued for use of a public place for nonprofit activities for extended periods of time and may be issued in conjunction with a street opening permit under Chapter 12.08 CHMC. The use of a public place for structures, facilities, and uses that involve capital expenditures and long-term commitments of use require a Type D permit.
2. Type D permits include, but are not limited to, the following activities:
a. Air rights, if for nonprofit purposes;
b. Bus stops or shelters;
c. Construction site;
d. Driveways;
e. Fences;
f. Landscaping;
g. Nonprofit recycle facilities;
h. Unique structures such as flag poles, fountains, clocks, awnings, benches, and banners;
i. Underground rights.
3. A Type A use that exceeds 24 hours shall be treated as a Type D use.
E. Type E – Long-Term and Permanent For-Profit.
1. Type E permits may be issued for use of a public place for activities for extended periods of time and may be issued in conjunction with a street opening permit under Chapter 12.08 CHMC. The use of a public place for structures, facilities, and uses that involve capital expenditures and long-term commitments of use requires a Type E permit.
2. Type E permits include, but are not limited to, the following activities:
a. Air rights if for a profit purpose;
b. Construction site;
c. For-profit recycle facilities;
d. Underground rights;
e. Utility or similar facilities, including WCFs and small wireless facilities; or
f. Waste facilities.
3. A Type B use that exceeds 72 hours shall be treated as a Type E use. (Ord. 969 § 6, 2020; Ord. 777 § 2, 1997)
12.14.050 Applications.
Applications for public place use permits shall be made as follows:
A. For siting a WCF within the city, the applicant shall comply with the application requirements set forth in Chapter 17.77 CHMC. For siting a small wireless facility within the city, the applicant shall comply with the application requirements set forth in Chapter 17.78 CHMC.
B. For all other public place use permits, the applicant shall apply to the administrator on a format as prescribed and provided by said administrator. The application shall contain such information as the administrator may deem necessary, including, but not limited to, the following:
1. An accurate description of the public place or portion thereof desired to be used;
2. A full and complete description of the use to be made of the public right-of-way or public place by the applicant and the duration of such proposed use;
3. The plans and specifications for any utility or structure desired to be constructed, erected or maintained by the applicant in or on a public place;
4. For construction of driveways pursuant to CHMC 12.14.100, the application shall include a clear drawing which shows the location of the proposed driveway, utilities crossing the driveway and location of “joints” in the proposed section of driveway in the right-of-way; and a description or pattern of the proposed material for use in the driveway, such as concrete, pavers, brick, aggregate, etc.;
5. For applications to permanently or temporarily locate something in the right-of-way, the application shall include a clear drawing that shows the specific location of the item or items in the right-of-way, and the utilities that cross the proposed improvement in the right-of-way;
6. If applicable to the use sought, documentation showing that the applicant is either the record owner or entitled to possession of the property abutting the public right-of-way or place sought to be used. (Ord. 969 § 7, 2020; Ord. 777 § 3, 1997; Ord. 772 § 2, 1997; Ord. 748 § 2, 1996; Ord. 702 § 1, 1994)
12.14.060 Processing of applications.
Applications for siting a WCF within the city shall be processed in accordance with Chapter 17.77 CHMC. Applications for siting a small wireless facility within the city shall be processed in accordance with Chapter 17.78 CHMC. All other applications made under this chapter shall be processed by the administrator as follows:
A. The administrator shall examine each application submitted for approval to determine if it complies with the provisions of this chapter and which permit type(s) are applicable to the use sought. The administrator, or administrator’s designee, may inspect the premises which are desired to be used in order to ascertain any facts which may aid in determining whether a permit shall be granted.
B. The decision to issue or not issue a public place use permit, as authorized under this chapter, shall be at the sole discretion of the administrator. This chapter shall in no way be construed as granting or creating a right in any applicant to obtain a public place use permit.
C. If the administrator finds that the application presented for approval conforms to the requirements of this chapter, and also that the proposed use of such public place will not unduly interfere with the rights of the public, the administrator may approve such application, fix the duration for which the permit shall be effective, and notify the applicant that, upon the applicant’s compliance with the requirements of the administrator relative to indemnification, insurance and payment of all required fees, including any permit fee as determined by the city council in a resolution adopted for this purpose, the permit shall be issued.
D. The administrator shall condition the public place use permit on such conditions which may reasonably assure that the applicant’s use does not create a likelihood of endangering the public. Such conditions shall include, but not be limited to:
1. If the proposed use involves obstruction of a portion of a public sidewalk or other walkway, permits shall be issued for a period not to exceed 30 days.
2. The applicant shall be required to indemnify and hold the city harmless from any and all claims for bodily injury or property damage that may arise out of or in connection with the applicant’s permitted use. A surety bond and liability insurance shall be obtained in accordance with the provisions of CHMC 12.14.070.
E. All conditions shall be subscribed on or attached to the permit.
F. Applicant shall consent that in the event the city is required to take enforcement actions to enforce the terms and conditions of the permit, that the city shall be entitled to recover its costs, disbursements and expenses including its attorneys’ fees, which sums may be filed as a lien against applicant’s premises and enforceable in the manner provided for the enforcement of mortgages on real property. (Ord. 969 § 8, 2020; Ord. 777 § 4, 1997; Ord. 772 § 3, 1997; Ord. 722 § 2, 1995; Ord. 702 § 1, 1994)
12.14.070 Surety bond – Liability insurance.
A. Bond.
1. If the decision-maker determines that there is a probability of injury, damage or expense to the city arising from an applicant’s proposed use of any public place, the applicant, upon notice from the decision-maker, shall deposit with the city treasurer a surety bond approved as to surety and to form by the city attorney or cash deposit, which bond or cash deposit shall assume all of the following obligations:
a. To pay the cost plus 15 percent for inspections, surveys, plans and other services performed by the city;
b. To pay the cost of restoring the public place and removing any earth or other debris from the public place;
c. To pay for the replacement of any utility interrupted or damaged, or the completion of any work left unfinished; and
d. To pay any other costs incurred by the city in connection with the permitted work.
2. The bond or cash deposit shall run for the full period of the permit, and shall be in an amount to be fixed by the decision-maker, and conditioned such that applicant shall faithfully comply with all the terms of the permit and all the provisions of this chapter and all other ordinances of the city, and indemnify and save the city free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in the application.
B. Insurance. An applicant for a permit shall maintain in full force and effect during the full period of the permit public liability insurance in an amount sufficient to cover potential claims for any bodily injury, death, or disability and for property damage, which may arise from or be related to the permit and naming the city as an additional insured. The decision-maker shall establish the amount of such insurance as at least $1,000,000, and require that such insurance be provided prior to issuance of the permit. Said insurance shall not be cancelable or reduced without prior written notice to the city, not less than 30 days in advance of the cancellation or alteration. Said insurance shall name the city as a named or additional insured and shall be primary as to any other insurance available to the city. However, the decision-maker shall be permitted to waive or reduce these insurance requirements for Type A permits based upon good cause shown by the applicant and the nature of the use sought. (Ord. 798 § 1, 1999; Ord. 777 § 5, 1997; Ord. 772 § 4, 1997; Ord. 702 § 1, 1994)
12.14.080 Revocation.
A. All permits issued pursuant to this chapter shall be temporary, shall vest no permanent right in the applicant and may be revoked by the decision-maker upon the occurrence of any of the following:
1. Immediate revocation in the event of a violation of any of the terms and conditions of the permit;
2. Immediate revocation, in the event such use becomes, for any reason, dangerous or any structure or obstruction permitted becomes insecure or unsafe;
3. Upon 30 days’ notice if the permit is not otherwise used for a specified period of time and is not covered by the preceding subsections.
B. If any use or occupancy for which the permit has been revoked is not immediately discontinued, the administrator may remove any such structure or obstruction or cause to be made to such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, the cost and expense of which shall be assessed against the permittee, including all fees, costs and expenses incurred, including attorneys’ fees associated with the enforcement of or collection of the same. (Ord. 772 § 5, 1997; Ord. 702 § 1, 1994)
12.14.090 Appeal.
Any decision by the council with respect to issuance, refusal to issue, revocation or refusal to revoke a public place permit for siting a WCF under this chapter and Chapter 17.77 CHMC may be appealed in accordance with CHMC 17.77.070(F). Any decision by the council with respect to issuance, refusal to issue, revocation or refusal to revoke a public place permit for siting a small wireless facility under this chapter and Chapter 17.78 CHMC may be appealed in accordance with CHMC 17.78.060(G).
Any decision of the administrator with respect to the issuance, refusal to issue, revocation or refusal to revoke a permit with respect to any use, other than siting a WCF or small wireless facility within the city, may be appealed to the city council by filing a notice of intent to appeal such decision with the city clerk within 10 days of the date of issuance of the decision being appealed. If an appeal from any such decision is taken, the appellant shall be required to pay a nonrefundable appeal fee in an amount determined by the city council in a resolution adopted for this purpose. Said appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the city council shall be final, binding and conclusive, said decision being solely within the discretion of the legislative body. (Ord. 969 § 9, 2020; Ord. 772 § 6, 1997; Ord. 722 § 3, 1995; Ord. 702 § 1, 1994)
12.14.100 Specific uses.
A. Driveways.
1. All driveways constructed on public places where paved roadways and curbs exist shall be constructed according to the city’s standard plans and specifications.
2. The minimum width of driveways for residential property shall be as described in Chapter 17.44 CHMC and the city’s standard plans and specifications.
3. Any applicant for a public place use permit may request assistance of the city in the improvement of the street serving the abutter’s premises, all as provided in RCW 35.21.275, as the same now exists or may hereafter be amended.
4. Any applicant for a public place use permit who plans to improve the public place abutting his or her property by installing a driveway using materials other than those described in the city’s standards and specifications, shall include a request to use such alternate materials in his/her application for the permit. The application shall also include drawings of the proposed improvement showing all construction or expansion joints, for review and approval by the city engineer. Any permit issued by the city may contain conditions which describe a process for notice to the applicant when repairs and/or replacements are necessary, and which will also put the applicant on notice of the city’s intent to commence such repair or replacement, which notice shall be provided after a reasonable period of time, or immediately, if a public health or safety hazard exists. The city shall not be responsible to repair and/or replace any driveway made of alternate materials approved under this section, and shall have complete discretion in any decision relating to the materials to be used for street and sidewalk repair and replacement.
B. Fences. All fences constructed on public places must conform to the requirements set forth in CHMC Title 17.
C. Retaining Walls. In addition to the permit described in this chapter, retaining walls shall not be constructed in the public right-of-way without approval from the city engineer, and the applicant shall obtain any other applicable permits for such work.
D. WCFs. All WCFs constructed and/or located within the city must conform to the requirements set forth in Chapter 17.77 CHMC.
E. Small Wireless Facilities. All small wireless facilities constructed and/or located within the city must conform to the requirements set forth in Chapter 17.78 CHMC. (Ord. 969 § 10, 2020; Ord. 772 § 7, 1997; Ord. 702 § 1, 1994)
12.14.110 Fees, insurance and bond.
The application fee for a public use permit shall be as follows:
A. For all applications under this chapter, the fee shall be set by resolution of the city council.
B. For all permits issued under this chapter, the permit fee shall be set by resolution of the city council.
C. For applications for driveway installation, pursuant to CHMC 12.14.100, the requirement of providing insurance and a bond is waived. For all other applications under this chapter, the applicant shall be required to provide insurance as detailed in this chapter and post a bond or cash deposit in an amount to be set by the city administrator. (Ord. 772 § 8, 1997; Ord. 748 § 3, 1996)
12.14.120 Installation of underground facilities.
Unless otherwise approved by the city administrator and the city engineer (or on appeal, the city council), all electrical and/or communications facilities, including but not limited to wires or cables, which are permitted to locate in any public place under this chapter, shall be installed underground. (Ord. 777 § 6, 1997)
12.14.130 Civil penalty.
A. Any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative penalty in the amount of $250.00 for each day during any portion of which any violation of any provision of this chapter is committed.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The city shall be entitled to recover its reasonable attorneys’ fees and cost in bringing any action under this section to collect the penalty. (Ord. 777 § 7, 1997)