Chapter 12.60
PUBLIC AND PRIVATE UTILITIES ON REAL PROPERTY
Sections:
12.60.020 Permit – Required – Exceptions.
12.60.030 Permit – Issuance authority – Use.
12.60.040 Permit – Privilege limitations.
12.60.050 Permit – Compliance with applicable provisions.
12.60.060 Permit – Terms and conditions.
12.60.070 Permit – Application – Required information.
12.60.098 Grant of authority – Effective period.
12.60.100 Financial guarantee requirements.
12.60.110 Notice of proposed use and commencement – Departmental coordination of permit approval.
12.60.120 Notice to agencies of construction date.
12.60.140 Termination of privileges – Assessment.
12.60.160 Rights reserved to City – Conformance and payment of cost required.
12.60.170 Rule and regulation promulgation.
12.60.190 Application, review, and inspection fees.
12.60.200 Annual compensation for use of real property.
12.60.010 Purpose.
The purpose of this chapter shall be to authorize and regulate the issuance of permits for the accommodation of public and private facilities, and other related uses upon the City-owned real property which is not dedicated as right-of-way and to ensure that privileges authorized by the permits are consistent with public ownership of the property, the City comprehensive plan, the critical areas code, sound engineering and design standards, and health and sanitation regulations. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.020 Permit – Required – Exceptions.
All work performed upon, along, over, under or across any public place in the City shall require a special use permit to be issued by the City; provided, that work undertaken by the City or under contract to the City shall be exempted from this requirement. Work includes, but is not limited to, construction and maintenance of waterworks, gas pipes, telephone, telegraph and electric lines, sewers, cable television, wireless communications, petroleum products and any other such public and private facilities. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.030 Permit – Issuance authority – Use.
The City is authorized to issue revocable permits for all work and other related uses upon, along, over, under or across any public place in the City. The permits shall be used to authorize an act or series of acts on City-owned real property which is not dedicated as right-of-way. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.040 Permit – Privilege limitations.
The permits shall not be construed to convey any vested right in the property. The permits grant only a personal and revocable privilege and license to do one or more acts on the property without possessing any interest in the property. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.050 Permit – Compliance with applicable provisions.
The issuance of permits authorized in this chapter does not relieve or release the permittee from complying with other applicable statutes, ordinances, restrictions, regulations, rules or obligations in connection with the permittee’s proposed use of the property. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.060 Permit – Terms and conditions.
The permits shall be subject to all terms, conditions and restrictions, imposed by the department responsible for the management of the property to be affected, deemed necessary to preserve all characteristics consistent with public ownership. The general and specific terms, conditions and restrictions of the permits will vary according to, but not limited to, the following:
A. The property interest owned by the City;
B. All federal, state or local restrictions placed on the use of the property;
C. The purpose for acquiring the property;
D. Plans for the future development of the property;
E. The applicant’s proposed use of the property; and
F. The individual characteristics of the property. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.070 Permit – Application – Required information.
Applications for all permits shall be submitted, in writing, to the City. The application shall contain whatever information, including plans and specifications, the City shall require. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.090 Permit – Review.
A. The City shall review applications for compliance with all City codes, plans, and Road Standards. Work within City parks shall be reviewed for consistency with the City’s most current Parks, Recreation, and Open Space Plan.
B. The department responsible for the management and maintenance of the property to be affected shall review and evaluate applications with respect to the hazard and risk of the proposed construction or use, location of the proposed construction or use in relation to other facilities and infrastructure using the property, the adequacy of the engineering and design of the proposed construction or use, and applicable federal, state, county and local laws and regulations.
C. If applicable, the district fire marshal and/or utility district shall review and evaluate applications for the construction of waterworks to determine consistency with standards for water mains and fire hydrants.
D. The City shall review applications for compliance with critical area regulation issues and shall be responsible for assuring that any application meets the requirements of the critical areas code set out in Chapter 18.55 KMC and the administrative rules promulgated thereunder before the permit is issued.
E. Additional permitting may be required by other agencies. The applicant shall be responsible for securing all necessary permits not issued by the City. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.095 Grant of authority.
Facilities shall only be located or constructed on real property after a use agreement is approved at the discretion of the city manager. Prior to approving the agreement, the City shall ensure that the proposed facility is located, designed and proposed to be constructed in a manner that complies with all applicable City policies and codes, including but not limited to the provisions of KMC Title 18, Zoning, the City comprehensive plan, and other sections of KMC as applicable. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.098 Grant of authority – Effective period.
The use agreement constitutes authorization for the applicant to use the City property at the location specified in the agreement for no more than 10 years. Extensions may be approved at the discretion of the city manager. Failure to comply with the terms and conditions of the use agreement, including payment of required annual compensation, is cause for revoking of the use agreement. The agreement holder shall remove facilities authorized by the agreement from the City property upon the termination or expiration of the agreement, unless renewed, or upon revocation of the agreement for cause. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.100 Financial guarantee requirements.
Prior to final approval of all permits, the department shall determine the amount of the performance guarantee necessary to assure compliance with approved construction plans, applicable State and local health and sanitation regulations, standards for water mains and fire hydrants, and to assure proper restoration of the property and the health and safety of the users of the property. The applicant shall submit the financial guarantee consistent with the provisions of KMC Title 21. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.110 Notice of proposed use and commencement – Departmental coordination of permit approval.
A. The applicant, at the time of submitting an application for a permit, shall notify all public and private utility entities known to be using or proposing to use the same public place of the applicant’s proposed use and the proposed timing of any construction. Any such entity notified may, within seven days of such notification, request a delay in the commencement of any proposed construction for the purpose of coordinating other construction work on the property with that proposed by the applicant. The City may delay the commencement date for the applicant’s construction work on the property for 90 days or less if it finds that such delay will reduce the inconvenience to the public from construction activities, and it finds that such delay will not create undue economic hardship on the applicant.
B. The City shall also coordinate the approval of permits with the department responsible for the management and maintenance of the property to be affected and may delay the commencement date for the applicant’s construction work for 180 days or less upon making the findings described in subsection A of this section. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.120 Notice to agencies of construction date.
The permittee is required to give written notice of the date construction will begin to the following agencies: the department responsible for the management and maintenance of the property to be affected; Northshore Utility District for construction of waterworks; the fire marshal for construction of waterworks. Failure to give such notice is grounds for the revocation or suspension of the permit. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.130 Permit revocation.
Any permit issued by the authority of this chapter shall be revocable at any time that the department responsible for the management and maintenance of the property affected shall determine that the public health, safety, general welfare, or public use requires such revocation, and the right to revoke is expressly reserved to the City. At a reasonable time prior to action upon such revocation or proposed revocation, opportunity shall be afforded to the permittee to present for consideration action or actions alternative to the revocation of such permit. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.140 Termination of privileges – Assessment.
All privileges granted by the use agreement shall automatically terminate at such time as the permittee ceases to use the property and any facilities authorized by the agreement. The permittee may terminate the agreement by written notice to the city manager. Upon revocation, termination or abandonment of any agreement, the permittee shall remove at the permittee’s expense all facilities placed on such property by the permittee and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, as noted in the agreement, or to a condition which is satisfactory to the City. If the permittee has not accomplished removal and restoration at the end of a 90-day period following the effective date of revocation, termination or abandonment, the City may accomplish all of the necessary work and charge all costs related to said work to the permittee. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.150 Enforcement.
In addition to other enforcement powers and not in limitation thereto, the city manager is authorized to enforce the provisions of this chapter, and any rules and regulations adopted thereunder pursuant to the enforcement and penalty provisions of Chapter 1.20 KMC. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.160 Rights reserved to City – Conformance and payment of cost required.
The City reserves the sole right to use, occupy and enjoy its property for such purposes as it desires and deems fit, including, but not limited, to constructing or installing structures and facilities on the property, or developing, improving, repairing, maintaining or altering the property. The permittee upon written notice will, at the permittee’s own expense, remove, repair, relocate, change or reconstruct facilities to conform with the plans of work contemplated or ordered by the City according to a time schedule contained in the written notice. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.170 Rule and regulation promulgation.
The city manager may promulgate any rules and regulations necessary for the operation of this chapter. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.180 Severability.
If any provision of this chapter or its application to any person or circumstances is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.190 Application, review, and inspection fees.
Each application requires fees, imposed by the city council by resolution, payable to the City for the administrative costs and expenses of processing the application and for other functions necessary for the approval and use of permits and the agreement. These fees shall be equal to the administrative costs of approving the agreement, including, but not limited to, preparing the permit for construction, review, processing, coordinating review with other departments, preparing environmental documents, inspection, agreement preparation, legal review, etc. [Ord. 23-0578 § 2 (Exh. 1).]
12.60.200 Annual compensation for use of real property.
In consideration for continuing use of City real property, an agreement holder shall pay annual compensation for use of the property. The amount of the use payment shall be as adopted by the city council by resolution. [Ord. 23-0578 § 2 (Exh. 1).]