Chapter 12.04 SIDEWALKS*

Chapter 12.04
SIDEWALKS*

Sections:

12.04.022 Sidewalks, curbs and gutters for building permit applicants.

*For statutory provisions on sidewalk construction, see Chapter 35.68 RCW.

12.04.010 Grade.

All sidewalks on Main Street in the city shall be laid at a grade at the outer edge of the sidewalks, nine inches above the center of the pavement of the street opposite the same, with a slope of one-inch upward from the outer edge or curb to the property line. (Ord. 17-006 § 2; Ord. 15 § 1, 1935).

12.04.020 Construction specifications.

All sidewalks on Main Street located within the central business zone shall be designed, constructed and finished in accordance with the most currently adopted city of Kittitas construction specifications pursuant to Chapter 12.16 KMC, shall be laid to the grade established in KMC 12.04.010, and shall be 10 feet in width. (Ord. 20-003 § 1; Ord. 17-006 § 2; Ord. 15 § 2, 1935).

12.04.022 Sidewalks, curbs and gutters for building permit applicants.

(1) Per City of Kittitas Construction Specifications Chapter 5(1), as adopted in KMC 12.16.020, when an application is made for a building permit, subdivision, conditional use, SEPA review project or other development permit, the public works foreman shall evaluate the proposed building or development site to determine the need for new or reconstructed street surfaces, curbs, gutters and sidewalks based upon the following criteria:

(a) New curbs, gutters and sidewalks shall be constructed on all street frontages where those street improvements are not already present and in serviceable condition.

(b) Reconstruction of curbs, gutters and sidewalks shall be required if, in the opinion of the public works director, the present improvements are deteriorated to an unserviceable, hazardous state.

(c) All curb, gutter and sidewalk improvements which are constructed, reconstructed or repaired shall be done so entirely in the public right-of-way, and further sidewalks shall be separated from the traveled way by landscaping, concrete curbing, a median or other approved physical barrier.

(d) Applicants for a subdivision, SEPA review project, conditional use, building permit or other development permit, upon payment of a $100.00 fee, may apply for deferred installation of sidewalks. curbs and gutters under the following circumstances:

(i) Applicants for all development permits may apply for deferrals for the above improvements if their construction involves a significant physical obstacle to the construction of such improvements. In those cases in which bridges, large-diameter (in excess of four feet in diameter) culverts, retaining walls in excess of four feet in height, or other construction deemed necessary by the public works director due to the presence of major physical obstacles are required for the construction of a sidewalk, the public works director shall grant a deferral of the improvement upon application for such. Such deferral shall be made contingent upon the acceptance by the public works director of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.

(ii) Applicants for industrial development projects that involve the construction of new streets may apply for waivers or deferrals for sidewalks only. The public works director shall grant deferrals or waivers, as deemed appropriate, for those projects in which no mixed commercial, residential or through traffic would use the affected streets, or in which no regular pedestrian traffic can be reasonably expected. If deferrals are granted, such deferrals shall be made contingent upon the acceptance by the public works director of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.

(iii) Applicants for building permits for new construction, additions which the valuation exceeds 50 percent of the assessed valuation for the existing structure, or short plats all of which result in, by zoning or covenants, the development of single-family residential structures may apply for deferrals for the above improvements. The public works foreman shall review such requests, and shall grant deferrals if the construction results in an isolated segment of improvements. In order to qualify as an isolated segment of improvements, the edges of the improvements, once constructed, must be physically separated from connecting curb, gutter or sidewalk improvements by a minimum of 100 linear feet and not reasonably be subject to an LID or other major street improvements in the next two years. If such a deferral is granted, such deferrals shall be made contingent upon acceptance by the public works director of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district or other cooperative financing arrangement which would include the deferred section of improvement.

(iv) The public works foreman shall direct the public works department to provide the necessary determinations of grade, location and other engineering information deemed necessary for the completion of street, curb, gutter and sidewalk improvements for those building permits and short plats which result in, by applicable zoning or voluntary covenants, lots which are limited to single-family residential construction. For subdivisions which result in more than four single-family lots of record, or any number of lots which are subject to multifamily, commercial, or industrial development zoning uses, the developer shall be required to supply necessary engineering studies for public improvements as part of their public improvements requirement. Any existing plans, specifications or engineered designs in the public works department are considered as part of the public record and shall be made available to all persons constructing public improvements for review and use as is appropriate to their project.

(v) Applicants for development permits may apply for short-term deferral of completion of required improvements due to weather or other unforeseen construction-related problems. The public works director shall consider each request for short-term deferral. In those cases where the delay of the completion of construction would not result in any hazardous condition, or other problems of site use, the public works director may grant such requests for short-term deferral. Such deferral shall be subject to acceptance by the public works director of adequate financial security needed to complete the improvements and pay potential city costs to accomplish said improvement’s completion, and a definite construction timetable for completion of the deferred improvements.

(vi) In all cases in which sidewalk, curb and gutter improvements are required to be installed, a useful life of 15 years for the improvements shall be established. If, during the 15-year period, subsequent street construction causes the improvements to be removed and reconstructed, the adjoining landowner shall obtain prorated credit against any assessment of costs based upon the estimated value of the improvements and the amount of useful life left. The estimated value of improvements shall be determined at the time of the permit application, and should be mutually agreed to by the city and the applicant. In those cases where mutual agreement cannot be reached, the estimated value shall be established by the average cost experienced for similar improvements in other city right-of-way locations.

(vii) Applicants for all developments which consist of a building which is less than 4,000 square feet in size and, in the opinion of the public works director, consist of an accessory or intermittent use of the lot, or consist of street frontage of less than 100 lineal feet on a separate street frontage, may apply for deferrals of curb, gutter and sidewalk improvements in those instances where the required street improvements would qualify as isolated segments of improvements. In order to qualify as an isolated segment of improvement, the improvement once completed must be physically separate from connecting curb, gutter or sidewalk improvements by a minimum of 100 feet or, in the opinion of the public works director, cause a practical problem of surface water drainage or street configuration. If such a deferral is granted, such deferral shall be made contingent upon acceptance by the public works director of the written recorded assurances by the applicant, heirs, successors and assigns of the property of their participation in a future larger local improvement district, sidewalk improvement district, or council-ordered improvement which would include the deferred section of improvement.

(e) Appeals. Applicants have the right to appeal decisions of staff made under the authority of this chapter to the city council. All appeals shall be made in writing and be submitted to the city within 10 days of receiving a written determination from staff on the permit request.

In filing an appeal with the city council, it shall be the responsibility of the appellant to establish in writing why the staff decision did not follow the appropriate requirements and standards of this chapter in rendering the decision. Each section of this chapter which applies to the appellant’s deferral request shall be referenced and addressed in the written appeal presented to the city council prior to the hearing of the appeal.

The city council, upon hearing the appeal and staff position, shall be authorized to uphold the public works director’s decision as consistent with this chapter, or find the decision to be in whole or part in conflict with this chapter and amend the decision to ensure consistency with this chapter. (Ord. 17-006 § 2).

12.04.030 Sidewalk maintenance.

(1) Purpose. The purpose of this section is to regulate and control the obstruction of public rights-of-way in the city so that those rights-of-way remain accessible and safe for their intended public use.

(2) Sidewalk Maintenance – Owner’s Responsibility.

(a) Every owner and occupant of the premises shall keep the sidewalk area adjacent to any portion of real property (including corners) free of litter, debris, ice, and snow. Removal of snow and other debris must be completed in a timely manner, and by repairing defects in the surface with materials approved by the public works department.

(b) Where the building official determines there has been failure to comply with this section, they may send written notice to the premises advising of the violation. If the violation is not corrected the official may proceed to remove or repair the condition at the owner’s and/or occupant’s sole expense and liability and be subject to a penalty in accordance with this section.

(3) Penalties. Failure to abide by any of these provisions shall be subject to a penalty of up to but not exceeding $500.00 for each violation. (Ord. 17-006 § 2; Ord. 488, 1994).