Chapter 12.50 GENERAL INFORMATION

“Channelization” means the separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians.

“City street” means a right-of-way over which the public has a legal right of passage, and over which an automobile can be driven, and is not designated as a state highway, and is outside the boundaries of a city or town. Furthermore, the city shall have responsibility and authority over only such city streets that have been incorporated into the city street system via statutory authority, i.e., RCW 36.75.070, 36.75.080, 36.75.090, Chapters 36.81, 36.88, 58.17 and 36.89 RCW.

“Clear zone” means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. The area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes, speeds, and roadside geometry.

“Consultant” means a person, partnership or corporation duly registered to practice professional engineering according to Washington State statutes, who is hired by the landowner or developer and is empowered to act as his agent.

“Control zone” means that roadside area defined by the “Control Zone Distance Table,” found in Appendix 5 of the WSDOT Utilities Manual, within the street right-of-way in which placement of above ground utility objects is controlled.

“CSTC” means crushed surfacing top course as per WSDOT Standard Specifications.

“CY” means cubic yard.

“Design speed” means a speed determined for design and correlation of the physical features of a highway that influence vehicle operation: the maximum safe speed maintainable over a specified section of street when conditions permit design features to govern.

“DHV” means design hour volume. Hourly traffic volume used for street design and capacity analysis, usually one or more peak hours during a 24-hour period. The DHV is typically the thirtieth highest hourly volume of the future year chosen for design.

“Driveway” means a private access way connected to a public street serving a single residential or commercial unit.

“Driveway, joint usage” means a private access way connecting to a public street serving two adjacent residential or commercial units at a single point.

“Edge of traveled way” means the face of curb for streets that are, or will be, constructed to urban standards and the edge of pavement (not including shoulders) for streets that are, or will be, constructed in areas without sidewalks.

“Emergency vehicle access” means an improved easement providing access to structures for fire apparatus and other emergency vehicles as provided for in Section 503.1 of the International Fire Code as adopted by East Wenatchee and meeting the requirements of a fire apparatus access street as per EWMC 15.16.010.

“Encroachment” means occupancy of city right-of-way by nonstreet structures or other objects of any kind.

“Geologist” means a practicing geologist licensed as a professional geologist pursuant to Chapter 18.22 RCW.

“Geometrics” means the arrangement of the visible elements of a street such as alignment, grade, sight distance, widths and slopes.

“HMA” means hot mix asphalt as per WSDOT Standard Specifications.

“Level of service” means a measure of traffic congestion along a street or at an intersection. Within East Wenatchee this is done with a two-part process – a “condition” LOS and an “operational” LOS. See East Wenatchee transportation element for details.

“MPH” means miles per hour.

“MUTCD” means the Manual on Uniform Traffic Control Devices.

“Operating speed” is used for determination of sight distance. Operating speed should be equal to the P85 speed for existing facilities and be equal to the design speed for new facilities.

P85 Speed or Eight-Fifth Percentile Speed. Based on speed studies, “P85 speed” is that maximum speed at which 85 percent of the drivers will choose to drive and feel comfortable based on the prevailing weather and traffic conditions for a particular section of street.

“Passing sight distance” means the minimum sight distance required for the driver of one vehicle to pass another safely and comfortably.

“Pavement width” means the distance measured from face of curb to face of curb for curbed sections of street or the distance measured from outside edge of shoulder to outside edge of shoulder for shouldered sections of street.

“PC” means point of curvature.

“PCC” means portland cement concrete as per WSDOT Standard Specifications, or point of compound curvature on alignment plans.

“PI” means point of intersection.

“Primitive street” means an opened, city-maintained right-of-way that meets the requirements of RCW 36.86.070. A primitive street has gravel or earth driving surface and has an average daily traffic of 100 or fewer vehicles. A primitive street must be established by the city legislative authority.

“Private street” means a street, though approved by the city, is not a city street.

“PT” means point of tangency.

“Roadside hazard” means a side slope, an object, water, or a drainage device adjacent to a street which, if impacted, would apply unacceptable impact forces on the vehicle occupants or place the occupants in a hazardous position. It may be either natural or manmade.

“Segmental retaining walls (modular retaining walls)” means gravity retaining walls that rely primarily on their mass (weight) for stability. The system consists of concrete masonry units which are placed without the use of mortar (dry stacked), and which rely on a combination of mechanical interlock and mass to prevent overturning and sliding. The units may also be used in combination with horizontal layers of soil reinforcement which extend into the backfill to increase the effective width and weight of the gravity mass.

“Shoulder” means that portion of the street contiguous with the traveled way for accommodating stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Street, City. See “City street.”

“Superelevation” means a curve that has a banked slope.

“Tangent” means a straight line that touches a curve.

“Traveled way” means that portion of the street intended for the movement of vehicles, exclusive of shoulders.

“Trip” means a one-directional movement that begins at the origin and ends at the destination. For example, a trip movement from a residence to a work place is a trip from home to work.

“Trip distribution” means the process by which the movement of trips between zones is estimated. The data for each distribution may be measured or estimated by a growth factor process or by a synthetic model.

“Unopened right-of-way” means a city right-of-way that exists by dedication or deed, but for which no vehicular street has been constructed by the city or other parties.

“WSDOT” means Washington State Department of Transportation. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.010 Purpose.

A. These minimum standards for development provide requirements for street and bridge design, construction and reconstruction. In establishing the minimum standards for development, the city engineer has sought to encourage standardization and internationality of street design elements. Considerations include safety, convenience, aesthetics, proper drainage, and maintenance.

B. The city’s permitting, certification or licensing activities require the adoption of standards to guide individuals and entities in the administrative process of procuring the necessary city approvals. The city must also have flexibility to carry out its general duty to provide streets, streets and highways for the diverse and changing needs of the traveling public. Accordingly, these standards are not intended to represent the legal standard by which the city’s duty to the traveling public is to be measured.

C. The decision to use a particular street design element at a particular location should be made on the basis of an engineering analysis of the location. Thus, while this document provides minimum requirements for design, it is not a substitute for professional engineering judgment. It is the intent that the provisions of these standards be international requirements for street and bridge design, but may not be appropriate for all locations and existing situations.

D. These standards cannot provide for all situations. It is intended to assist, but not substitute for, competent work by design professionals. It is expected that each professional bring to each project the best of their skills and abilities. These standards are also not intended to unreasonably limit any innovative or creative effort which could result in the more effective and appropriate combination of design, cost savings, or both. Any proposed departure from these standards will be judged on the likelihood that such a departure or variance will produce a compensating or comparable result, adequate in every way, for the street user and city resident. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.020 Scope and applicability.

A. Except as exempted in EWMC 12.50.050, all requirements contained in these standards, together with any and all amendments thereto, shall apply to all street, bridge, and other new construction and reconstruction of city and private streets in the city of East Wenatchee or as may be required as a condition of development approval processed in accordance with EWMC Titles 15, 16, and 17 within East Wenatchee, and as far as practicable and feasible to the reconstruction of existing city and private streets in East Wenatchee. These standards shall also apply to all public and private accesses, and driveways connecting to public streets; usage of unopened city rights-of-way; location and installation of new utilities; and pedestrian, bicycle and equestrian facilities. In cases of any ambiguity or dispute over interpretation or application of the provisions of these standards, the decision of the city engineer shall be final subjective to administrative appeal as set forth in Chapter 19.06 EWMC.

B. These standards apply to modifications of street features of existing facilities which are within the scope of reconstruction or capital improvement projects when so required by the city or to the extent they are expressly referred to in project plans and specifications.

C. These standards are applied as follows:

1. Mandatory standards are those considered most essential to the achievement of overall design objectives. Mandatory standards use the word “shall.”

2. Advisory standards allow some flexibility in application to accommodate design constraints or to be compatible with local conditions. Advisory standards use the word “should.”

3. All standards other than the mandatory and advisory, indicated with the word “may,” are permissive with no requirement intended.

D. If these standards are silent regarding a specific issue regarding the planning, design or construction of a street or bridge, then the AASHTO Geometric Design of Highways and Streets, WSDOT Standard Plans and Specifications, WSDOT Construction Manual, and the WSDOT City and County Design Standards as contained within the WSDOT Local Agency Guidelines shall provide guidance as to the requirements subject to approval by the city engineer.

E. For the purpose of these standards, the defined “administrator” shall be the city engineer. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.030 Amendments.

A. These standards may be amended from time to time in accordance with Chapter 19.08 EWMC, as amended.

B. All requests for amendments or revisions to these standards from other city departments, other agencies or other outside parties shall be provided to the city engineer for evaluation. Such requests shall be in writing and shall provide such supporting information as may be required by the city engineer. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.040 Definitions and terms.

Unless otherwise defined or redefined within these standards, all definitions and terms used in these standards are contained in EWMC Titles 15, 16, 17, 18, and 19. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.050 Exemptions.

These standards shall not govern the following:

A. Street and associated work done on streets which are under the authority, ownership or responsibility of other governmental agencies. In such cases, the standards of the other governmental agency shall apply.

B. Street maintenance work within city street rights-of-way performed by city forces or by contract.

C. Street maintenance work on private streets that does not affect the prior approved geometrics or adversely affect the safe passage of vehicles on the private street.

D. Temporary street repairs made on an emergency basis.

E. Resurfacing and restoration (“2-R”) projects.

F. New street construction or reconstruction within the city in accordance with an interlocal agreement stipulating different street standards for a specific project. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.060 Interpretation, enforcement and appeals.

A. Interpretation and enforcement of these standards shall be the responsibility of the city engineer or designated representative.

B. Failure to comply with these standards will be cause for withholding or withdrawing acceptance of plans or drawings, withholding of bond, final inspection approval or occupancy certificates and/or other penalties as provided for in EWMC Titles 15, 16, 17, 18, and 19. For the purposes of this chapter, the “director” shall mean the city engineer/street superintendent or designated representative.

C. All appeals of any decision by the city engineer in his/her administration, interpretation or enforcement of these standards shall be in writing and within 14 days of the decision. The written appeal, including the recommendations and analyses of the city engineer, shall be made to the East Wenatchee hearing examiner in accordance with Chapter 2.42 EWMC and EWMC Title 19. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.070 Relationship to other city standards and requirements.

Other East Wenatchee plans, standards and requirements for which these standards are intended to be consistent with are:

A. The East Wenatchee Municipal Code, as amended, particularly EWMC Titles 12, 13, 15, 17, 18, and 19.

B. Greater East Wenatchee Area comprehensive plan, current edition.

C. East Wenatchee nonmotorized transportation plan, when adopted. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.080 Reference design specifications.

Except where these standards provide otherwise, design detail, construction materials and workmanship shall be in accordance with the following publications:

A. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, current edition, henceforth referenced as the “WSDOT Standard Specifications” along with the WSDOT Design Manual, current edition.

B. WSDOT Standard Plans for Road and Bridge Construction, current edition, henceforth referenced as the “WSDOT Standard Plans.”

C. WSDOT Local Agency Guidelines, current edition, including the City and County Design Standards for the Construction of Urban and Rural Arterials and Collectors.

D. AASHTO “A Policy on Geometric Design of Highways and Streets,” current edition, also known as the “Green Book.”

E. AASHTO “Guidelines for Geometric Design of Very Low-Volume Local Roads (ADT<= 400),” current edition.

F. USDOT “Manual on Uniform Traffic Control Devices,” current edition as adopted, including amendments, by the Washington State Department of Transportation, henceforth referenced as the “MUTCD.”

G. ITE Trip Generation Manual, current edition.

H. HEC22, Urban Drainage Design Manual.

I. ADA guidelines for public rights-of-way.

J. USDA Natural Resources Conservation Service Technical Release 55, “Urban Hydrology for Small Watersheds.”

K. Washington State Department of Ecology, “Stormwater Management Manual for Eastern Washington,” DOE Publication No. 04-10-076, current edition.

L. WSDOT Construction Manual, current edition.

M. WSDOT Bridge Design Manual, current edition.

N. WSDOT Hydraulics Manual, current edition.

O. WSDOT Materials Manual, current edition.

P. WSDOT Roadside Manual, current edition.

Q. WSDOT Utilities Manual, current edition.

R. WSDOT Work Zone Traffic Control Manual, current edition.

S. WSDOT Highway Runoff Manual, current edition.

T. WSDOT Pedestrian Facilities Guidebook, current edition.

U. Department of Ecology, Criteria for Sewage Work Design, Publication No. 98-37 WQ, current edition. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.090 Project acceptance.

A. The city engineer shall rely upon the certification and approval of the street and drainage plans and calculations by the applicant’s engineer for approval of the project. The city engineer’s acceptance of the plans shall not relieve the applicant or the applicant’s engineer from any liability related to portions of the design that are not in conformance with these standards nor do not follow good engineering practice.

B. Upon receipt of the project plans and calculations, the city engineer will review the work of the applicant’s engineer for accuracy and completeness. The plans and calculations will either be accepted by the city or returned for revisions. All revisions are subject to hourly review fees as set forth in the current fee schedule. Project acceptance occurs when the city engineer signs the plans and review fees are paid.

C. The acceptance of plans shall be valid for a period of three years from the date of approval by the city engineer. Construction in accordance with the approved plans must be completed within this period. If not completed within this period, the plans shall be resubmitted to the city engineer for review and any revisions or modifications necessary to meet the standards in effect at the time of resubmittal shall be made. Resubmittal fees equal to new application fees shall be paid before the plans can be reviewed and approved by the city.

D. A traffic impact analysis shall only be valid for a period of five years from the date of approval of the development. If the project is not completed within this time period, the traffic impact analysis shall be updated and resubmitted to the city engineer for review and concurrence prior to project acceptance. Resubmittal fees equal to new application fees shall be paid before the updated analysis is reviewed and approved by the city.

E. Requests for modifications made during the construction of a project that are not in conflict with the preliminary plat approval conditions shall be approved by the city engineer and city fire marshal, when applicable, prior to any changes being made in the field.

F. Depending upon the nature of the modifications and in all cases where there is a conflict with the preliminary plat approval conditions, approval of the hearing body for the specific type of permit will also be required as provided for in EWMC Title 19. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.100 Alternatives.

A. These standards represent reasonable approaches based on past experience in East Wenatchee and other jurisdictions. These standards indicate the appropriate practice under most conditions.

B. Engineering design is an endeavor that examines alternative solutions to real world situations and accordingly, these standards are not provided to hamper the introduction of new ideas. It is fully expected that creative engineering will continue to take place. Situations will present themselves where alternatives may be preferred to allow conformance with existing conditions, to overcome adverse topography or to allow for more affordable solutions without adversely affecting safety, maintainability or aesthetics. These standards are intended to provide predictability yet still allow for the flexibility necessary for innovation.

C. Alternatives to these standards shall be proposed at the preapplication meeting and evaluated and accepted prior to the application submittal.

D. The alternative request shall be in writing, submitted to the city engineer, and address the following points:

1. Specifically outline the reason for the alternative request.

2. Specify the chapter and section for which the alternative is requested.

3. Provide supporting evidence demonstrating that an alternative from these standards is based on sound engineering judgment that the requirements for safety, function, appearance, fire protection and maintainability are fully met and complies with the East Wenatchee comprehensive plan and appropriate subarea plan if applicable.

4. The above information shall be used by the city engineer in evaluating requests for the use of alternatives to these standards. Alternative requests that conflict with the International Fire Code as adopted by East Wenatchee shall also require written concurrence from the Douglas County Fire District No. 2 fire marshal.

5. Specify how the alternative proposal is equivalent to what would be achieved if the standards were followed. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.110 Performance assurance.

A. Construction Performance.

1. In lieu of the completion of any required improvements prior to approval of a final plat, short plat, or other land-use action, the city engineer may accept a performance guarantee in an amount and with satisfactory surety and conditions providing for and securing to East Wenatchee the actual design, construction and installation of such improvements within a period specified by the city engineer. The city engineer will enforce the guarantee through appropriate legal and equitable remedies. If a surety bond is provided, the amount of the bond shall not be less than 125 percent of the estimated design and construction cost as reviewed and concurred in by the city engineer. See EWMC 16.24.180 through 16.24.210 for specific instructions.

2. The amount of the performance guarantee may be reduced during construction, as determined by the city engineer and based upon the amount of progress payments. At no time will the performance guarantee amount be reduced to less than 30 percent of the original amount or $5,000, whichever is greater.

3. Once a performance assurance is approved by the city, building permits or any additional permits required by the city may be issued prior to completion and approval of all street, drainage and utility construction. Building permits will only be issued if the streets are determined to be usable unless otherwise exempted by the fire marshal.

4. Prior to beginning construction activities within existing right-of-way, a permit to perform work in the right-of-way shall be secured. Restoration sureties may be required by the city engineer in the manner provided for in this section.

B. Maintenance Performance.

1. The developer shall warrant all portions of construction work done in the right-of-way for a period of 18 months after completion or acceptance, whichever is later, against defective workmanship and materials. The developer shall keep the streets and public improvements in good order and repair during the 18-month period.

2. This warranty shall be secured with a form of collateral acceptable to the city engineer in conformance with the requirements of EWMC 16.24.180 through 16.24.210. The amount of this collateral shall be 15 percent of the original estimated or final design and construction cost as reviewed and concurred in by the city engineer or $5,000, whichever is greater.

3. This warranty collateral shall be submitted concurrently with a request for release of the construction performance guarantee and the 18-month warranty period shall commence on the date of said release of the guarantee. The warranty collateral shall not be drawn upon. This warranty collateral will be held 18 months by East Wenatchee and will cover all improvements associated with the street system and its related drainage facilities.

4. During the course of the warranty period, periodic inspections will be conducted by the city engineer or his/her representative. If deficiencies are observed, other than normal deterioration, they shall be brought to the attention of the developer for his/her action. At the end of the 18-month period, the city engineer shall conduct a final inspection of the improvements and determine all work and an estimate of the cost necessary to restore the street, drainage facilities and any other improvements to their original design condition and provide said information to the developer. The developer shall have the option to perform all necessary restoration within a reasonable time as may be negotiated with the city engineer. Should any or all of the restoration not be satisfactorily accomplished by the developer, the city engineer will arrange for the accomplishment of the repairs. This restoration amount shall be deducted from the warranty collateral and the balance returned to the developer with an itemized list of all deductions; if the cost of the restoration work done by the city exceeds the amount of the warranty collateral, the developer shall be billed by the city for the balance including an itemized statement of all work performed.

5. Maintenance guarantees will not be required when the required construction performance guarantee is $1,000 or less. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.120 Violations and penalties.

A. Failure to comply with these standards shall be cause for withholding or withdrawing approval of plans, forfeiture of financial security or nonacceptance of the work by the city.

B. Violation of any provisions of these standards by any person, firm or corporation shall be pursued and resolved in the same manner as any violation of East Wenatchee Municipal Code as provided for in Chapter 16.32 or 17.104 EWMC.

C. Notwithstanding the existence or use of any other remedy, the director or city engineer may seek legal or equitable relief to enjoin any acts or practices and abate any conditions that constitute or will constitute a violation of these standards or other regulations herein adopted. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.130 Severability.

If any part of these standards or its application to any person is, for any reason, declared invalid, illegal, or unconstitutional, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions thereof. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.140 Fees.

Fees shall be assessed in accordance with the current development fee schedule as approved by the East Wenatchee city council. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.150 Transportation system and frontage improvements.

Frontage improvements are required for all improvement and development projects that have frontage on a public street, including state highways, that does not meet current standards. The transportation system and frontage improvements shall be in place, or be secured with a bond or by an approved deferred improvement agreement prior to final approval of the project or certificate of occupancy, whichever occurs first, for that development or phase.

A. Transportation Improvements – Off-Site. Off-site transportation improvements such as street widening, additional right-of-way, paving, geometric improvements, additional lanes, traffic control devices, bridge and drainage structure modifications, pedestrian facilities, bike paths and intersection improvements away from the development shall be required where identified by a traffic impact analysis or otherwise be determined to be necessary as part of the development review process.

The East Wenatchee city engineer will also review the right-of-way status of abutting and adjoining city streets to determine if additional right-of-way is needed to meet the current street standards as set forth in these standards.

All such required off-site improvements must be completed or other financing arrangements made as approved by the city prior to final development approval. Alternate financing methods such as use of street benefit assessment reimbursement areas as set forth in Chapter 12.20 EWMC may be used.

B. Frontage Improvements – General Requirements.

1. Frontage improvements may be required for all improvement and development projects that have frontage on a public street, including state highways. Frontage improvements shall consist of, but not be limited to, dedication of right-of-way, street widening, turn lanes, traffic signals, bus stop pads, bus shelter pads, passenger shelters, bus pull-outs, pedestrian facilities, bike paths where designated in the current city comprehensive plan and safety and drainage improvements, including all tributary runoff.

2. Frontage improvements, including the dedication of right-of-way, shall be installed at the time of development unless otherwise approved by the city.

3. The developer shall coordinate the design and construction with the city, Washington State Department of Transportation, when appropriate, and Link Transit when frontage improvements include bus stop pads, shelter pads and bus shelters. Prescription of a passenger shelter shall also incorporate the condition that the shelter meets Link Transit’s standard passenger shelter specifications.

C. Exceptions. The city engineer may approve an alternative as set out in subsection D of this section to the installation of frontage improvements, not including dedication of right-of-way, if one or more of the following conditions apply:

1. The design grade and alignment of the abutting streets cannot be determined at the time of construction of the development.

2. The installation of frontage improvements required for the development would create or intensify a hazard to public safety.

3. The installation of frontage improvements required for the development could be more safely, efficiently, and effectively implemented if done concurrently with the installation of improvements required for other developments along the same street frontage.

D. Deferral of Improvements (Refer to Chapter 15.48 EWMC). Any deferred frontage improvement shall be secured for installation at a later date by an agreement and covenant between the city and the property owner whereby the property owner agrees to three methods of installation of the deferred frontage improvements. This agreement and covenant shall be executed before the issuance of any improvement and development permits. The city engineer shall select which method to enforce against the property owner at the time when the deferred frontage improvements are required to be installed. Three methods the property owner shall agree to are:

1. Commitment to Participate in an Improvement District. The property owner shall execute and record an agreement with the city and covenant running with the land that ensures the participation of the subject property owner in any local improvement district (Chapter 35.43 RCW), street improvement district (Chapter 36.88 RCW), or transportation benefit district (Chapter 36.73 RCW) formed for the construction of such frontage improvements. Said document shall be in a form acceptable to the city prosecuting attorney’s office and shall be effective for a period not exceeding 10 years from the date of recording. This document shall bind the owner and its designees, heirs, transferees, donees, and/or successors in interest.

2. Agreement to Participate in Improvement Project. The property owner shall execute and record an agreement with the city and covenant running with the land that ensures the participation of the subject property owner in an improvement project not supported by an improvement district that encompasses the said deferred frontage improvements by paying their share thereof. Such share shall be equal to the city’s costs for installing the deferred frontage improvements. The city shall provide a nonbinding total cost estimate to the property owner at the time the agreement is entered into including a disclaimer that the total cost of the project at the time of construction may vary due to inflation, changes in design standards or other governmental laws and regulations. A contract shall be developed at the time the improvement project is developed outlining the level of participation by the subject property owner in said project and the manner in which payment is to be made; provided, that the financial responsibility of the subject property owner shall not exceed the cost of said deferred frontage improvements at the time of the improvement project. Such an agreement and covenant shall bind the owner and its assignees, heirs, transferees, donees, and/or successors in interest. The agreement and covenant document shall be effective for a period of 10 years from the date of recording.

3. Voluntary Payments. See RCW 82.02.020 and the provisions of Chapter 43.21C RCW, the State Environmental Policy Act. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.160 Withdrawal of approval/acceptance.

At the discretion of the city engineer, errors and omissions in the approved/accepted plans or information used as a basis for such approvals/acceptances may constitute grounds for withdrawal of any approvals/acceptances and/or stoppage of any or all permitted work. It shall be the responsibility of the applicant to show cause why such work should continue, and make such changes in plans that may be required by the city before the plans are reapproved. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.170 Site maintenance.

A. The applicant shall schedule and control the work to comply with all applicable provisions of city development regulations and applicable state and federal laws and regulations to prevent any hazards to public safety, health and welfare.

B. On existing streets, two-way traffic and all existing lanes of traffic shall be maintained at all times unless detour and/or traffic control plans have been approved in advance by the city engineer.

C. Streets shall be kept free of dirt and debris.

D. Pedestrian and bicycle facilities shall be kept free of obstructions.

E. Pedestrian and vehicular access to occupied buildings shall be maintained except where written approval from the building owner has been obtained.

F. Drainage facilities shall be maintained and fully functional and storm water, erosion, and sedimentation control devices shall be maintained and fully functional.

G. On-site grading shall be done in a manner to minimize off-site erosion and siltation in conformance with all statutory requirements, permits and approved plans. (Ord. 10-09 § 9 (Exh. B), 2010)

12.50.180 Correspondence.

All correspondence, including letters, reports, and plans, shall be clearly labeled with the city project number as assigned by the department. Submittals or correspondence without this identification number will not be accepted and will not be reviewed. (Ord. 10-09 § 9 (Exh. B), 2010)