Chapter 12.08
UNOPENED RIGHTS-OF-WAY
Sections:
12.08.030 Temporary access permits.
12.08.070 Permits—Additional requirements.
12.08.080 Compliance with laws and ordinances.
12.08.010 Purpose.
It is the purpose of this chapter to establish a permit system for and standards regulating the private access use of unopened city rights-of-way in order to ensure that emergency vehicular traffic is unhindered, to further the orderly and economic development of city-maintained roads, and to otherwise protect the public health, safety and welfare. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 3, 1978)
12.08.020 Permit—Required.
Unopened and/or unmaintained city road rights-of-way shall not be privately improved or used for access purposes, nor shall development approval necessitating the improvement or use be granted, unless a permit therefor has been issued pursuant to this section. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 5, 1978. Formerly 12.08.030)
12.08.030 Temporary access permits.
Upon filing of a complete application, payment of the fee and posting of the restoration bond, the city may issue a permit authorizing temporary and limited use of unopened or unmaintained city road right-of-way for access to short-term activities such as construction or logging. The permit requires construction of roadway facilities to standards prescribed by the city in view of the duration and nature of the desired use. A bond shall be required prior to issuance of the permit guaranteeing restoration of the right-of-way and blocking of access at the expiration of the permit period. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 6, 1978. Formerly 12.08.040)
12.08.040 Permits—Contents.
Upon filing of a complete application, payment of the fee and posting of a performance bond approved by the director of public works the city may issue a permit authorizing the construction of road improvements and permanent use thereof on unopened or unmaintained city road right-of-way for access to the applicant’s property. Such permit shall contain the following:
A. Required Improvements. The permit shall specify minimum improvements required by the city in accordance with the standards set forth in city of Mukilteo development standards. Construction of such improvements to the satisfaction of the city shall be completed within one year or the permit shall lapse. The permittee is responsible for proper notice to the city requesting necessary inspections.
B. Signs. The permit requires that the authorized roadway be posted at its entrance with “Private Road.” Signs are to be provided by the city.
C. Approvals. Upon completion of required improvements the city shall indicate its approval on the permit and make appropriate notation thereof upon official road right-of-way records. The applicant shall provide a maintenance bond or other security acceptable to the director of public works to warrant all required improvements, either installed or to be installed, against defects in labor and material for a period of twenty-four months after inspection of the improvements and approval of construction by the city.
D. The permit shall include a covenant running with the land and for the benefit of the city, which covenant shall be filed with the county auditor and contain:
1. A legal description of the lot or parcel to be served by the unopened right-of-way use permit;
2. A statement regarding the nature of access to such parcel;
3. A statement that the owner(s) of the parcel will not oppose participation in a “road improvement district” if formation of such a district is deemed necessary by the city council;
4. A statement that responsibility for maintenance of the road rests jointly and equally upon all permit holders and property owners using the road for access to their property;
5. A prohibition against subdividing such parcel without obtaining either plat or shot plat approval therefor, or if exempt from platting, an unopened right-of-way permit for the additional lots being created;
6. A statement that the covenant is binding on the successors and assigns of the owner(s); and
7. The acknowledged signature(s) of the owner(s) of record of such parcel. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 7, 1978. Formerly 12.08.050)
12.08.050 Permits—Standards.
Road improvements authorized by unopened right-of-way use permits shall be designed and constructed in accordance with the city of Mukilteo development standards for the number of parcels to be accessed by the proposed improvements. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 8, 1978. Formerly 12.08.060)
12.08.060 Prohibitions.
A permit shall not be issued:
A. To create a second access to a parcel that has an established primary access;
B. To allow access to a platted lot where the primary access was determined in the platting of the lot; or
C. To provide access to a lot or parcel created in violation of the existing platting law. (Ord. 1329 § 6 (Exh. A) (part), 2013)
12.08.070 Permits—Additional requirements.
A. Plans. Detailed engineering plans and/or a drainage study may be required when considered necessary by the city. Costs of the development of such plan and conduct of required studies shall be borne by the permit applicant. When required, the plans and study shall be in accordance with the requirements for plat development.
B. Survey. When considered necessary by the city to adequately define the limits of rights-of-way, the permit applicant shall cause the right-of-way to be surveyed by a licensed land surveyor. The survey shall be recorded in accordance with the Survey Recording Act.
C. Dedication. A permit applicant is required to deed additional right-of-way across property under his authority when necessary to fulfill the minimum road right-of-way width prescribed by city of Mukilteo development standards.
D. Notification to Adjacent Landowner. A permit applicant shall provide certification that owners of property abutting on each side of the right-of-way have been contacted. Any objections of the property owners shall be stated along with the manner in which the applicant proposes to resolve the objections. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 9, 1978)
12.08.080 Compliance with laws and ordinances.
A. Other Permits. It is the responsibility of the permit applicant to obtain all other required permits and approvals.
B. Environmental Review. The permit process prescribed in this section is subject to environmental policy ordinances as may be adopted by the city. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 10, 1978)
12.08.090 Variances.
A. Authority. The city council has the authority to grant a variance from the provisions of this chapter, when in the opinion of the city council the conditions as set forth in subsection B of this section have been found to exist. In such cases, a variance may be granted which is in harmony with the general purpose and intent of this chapter so that the spirit of the chapter is observed, public safety and welfare secured, and substantial justice done.
B. Conditions for Granting Variance. Before a variance may be granted, it shall be shown, and the city council shall find:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitations of use of unopened city rights-of-way by other property owners whose property is adjacent to the unopened right-of-way on which the property on behalf of which the applicant has filed is located; and
2. The variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other property adjacent to the unopened city right-of-way on which the subject property is located; and
3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the unopened right-of-way on which the subject property is situated. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 11, 1978)
12.08.100 Permit fees.
A fee as established by city council pursuant to the periodic resolution as council from time to time updates and approves shall be paid to the clerk at the time of application. Any engineering and/or inspection costs incurred by the city in the processing and approval of the permit shall be paid to the city based upon fees established by city council pursuant to such periodic resolution as council from time to time updates and approves prior to final approval of the permit. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 408 § 1 (part), 1982: Ord. 315 § 12, 1978)
12.08.110 Appeals.
A permittee may appeal the action of the city in denying, conditioning, or otherwise acting upon a permit; provided, that a written request for reconsideration must first be filed with the city within thirty days of the action complained of. The request shall state what action is being questioned and the reason for disagreement. Upon receipt of the request, the city may choose to affirm, reverse or modify its prior action. Notice of the city’s response shall be mailed to the permittee within ten working days of the receipt of the request for reconsideration. The city’s action may thereafter be appealed to the city council by filing a written notice of appeal with the city clerk within thirty days of the date of response from the city to the written request for reconsideration. The clerk, upon receipt of an appeal, shall schedule a public meeting at which time testimony will be taken from the permittee and from the city. Based upon the data supplied at this meeting and other information as the council may request, the council may either sustain, reverse or modify the action of the city. The decision of the council is final and binding and not subject to further appeal. (Ord. 1329 § 6 (Exh. A) (part), 2013: Ord. 315 § 13, 1978)
12.08.120 Violations.
Violations of this chapter shall constitute a civil infraction and be subject to the provisions contained in Chapter 1.32, General Penalties. (Ord. 1329 § 6 (Exh. A) (part), 2013)