ORD 85-02 UNOPENED RIGHTS-OF-WAYWDT: j t
1/3/S5
ORDINANCE NO. 85-2
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, ADDING A NEW CHAPTER 12.32 TO THE WINSLOW
MUNICIPAL CODE TO BE ENTITLED "UNOPENED
RIGHTS-OF-WAY"; REGULATING THE PRIVATE USE OF
UNOPENED CITY STREETS; AND SETTING PENALTIES.
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new chapter 12.32 is hereby added to the
Winslow Municipal Code to be entitled "Unopened Rights-of-Way"
and to read as follows:
12.32.010 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 insure that private
road improvements are minimally sufficient for
normal and emergency vehicular traffic, to
provide for the equitable sharing of private
improvement costs, to further the orderly and
economic development of city maintained roads,
and to otherwise protect the public heatlh,
safety and welfare.
12.32.020 Definitions.
Development Approval. "Development approval"
means the granting of a building permit, or
other city land use approval.
Access Permit. "Access permit" means a permit
issued pursuant to Section 12.32.040 authoriz-
ing construction and permanent use of a pri-
vately maintained roadway within unopened or
unmaintained city street right-of-way.
12.32.030 Permit Required.
Unopened and/or unmaintained city street
rights-of-way shall not be privately improved
or used for access purposes, nor shall develop-
ment approval necessitating such improvement or
use be granted, unless a permit therefore has
been issued pursuant to this chapter.
12.32.040 Access Permits - Contents.
Upon filing of a complete application, payment
of the fee, posting of a construction bond and
dedication of additional right-of-way, if
required, the Land Use Administrator may issue
a permit authorizing the construction of road
improvements and permanent use thereof on
unopened or unmaintained city street 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
Land Use Administrator in accordance with the
standards set forth in Section 12.32.050.
Construction of such improvements to the satis-
faction of the Land Use Administrator shall be
completed prior to occupancy or within one
year, whichever occurs first, or the permit
shall lapse. The permittee shall be responsi-
ble for proper notice to the Land Use Adminis-
trator requesting necessary inspections.
(B) Signs. The permit shall require that the
authorized roadway be posted at its entrance
with "Privately Maintained Road" and/or "End of
City Maintained Road" signs provided by the
Land Use Administrator.
(C) Approvals. Upon completion of required
improvements, the Land Use Administrator shall
indicate his approval on the permit and make
appropriate notation thereof upon official city
street right-of-way records.
(D) Covenant. The permit shall include a
covenant running with the land for the benefit
of the City of Winslow which covenant shall be
filed with the Kitsap County Auditor and
contain:
(1) A legal description of the lot or
parcel to be served by the access 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 local
improvement district for road improvements,
when formation of such a district is deemed
necessary by the city;
(4) A statement that responsibility for
maintenance of the road rests jointly and
equally upon all permit holders;
(5) A prohibition against allowing addi-
tional lots access to the road and a prohibi-
tion against subdividing such parcel without
obtaining either plat or short plat approval
therefore, or if exempt from platting, an
access permit for the additional lots being
created;
(6) Provision is made for the road to be
open at all times for emergency and public
service vehicle use;
(7) A statement that the covenant is bind-
ing on the successors and assigns of the
owner(s); and
(8) The acknowledged signature(s) of the
owner(s) of record of such parcel.
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12.32.050 Access Permits--Standards.
A permit or permits authorizing up to three
single family homes on the street shall contain
as a minimum a 24' wide road consisting of 3"
of top course and 6" of approved ballast across
the full 24' of roadway.
Each subsequent permit which allows more than
three single family homes to access shall
specify the minimum roadway standards required
for subdivisions in the City.
12.32,060 Access Permits - Additional
Requirements.
(A) Plans. Detailed engineering plans and/or
a drainage study may be required when consi-
dered necessary by the Land Use Administrator
or otherwise required by law. Costs for the
development of such plan and costs of required
studies shall be borne by the permit applicant.
When required, such plans and study shall be in
accordance with the requirements for plat
development.
(B) Survey. When considered necessary by the
Land Use A ministrator to adequately define the
limits of right-of-way, the permit applicant
shall cause the right-of-way to be surveyed by
a licensed land surveyor. Such survey shall be
recorded in accordance with the survey
recording act.
(C) Dedication.
(1) A permit applicant shall be 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 this chapter.
(2) Slope, wall and drainage easements
beyond the right of way line may be required to
be dedicated by the Land Use Administrator.
(D) Illegal Subdivision. A permit shall not
be issued to provide access to a lot or parcel
created in violation of then existing platting
law.
12.32,070 Fee.
A fee of $25.00 shall be paid at the time of
application. Such fee is nonrefundable and
must accompany each application for an indivi-
dual temporary access permit or trail permit.
12.32,080 Appeal.
An aggrieved person may appeal the action of
the Land Use Administrator in granting, deny-
ing, conditioning, or otherwise acting upon a
permit by filing a written notice of appeal to
the City Council with the City Clerk within
thirty (30) days of the date of such action.
The clerk, upon receipt of an appeal, shall
schedule a public meeting before the City Coun-
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cil at which time testimony will be taken.
Based upon the data supplied at this meeting
and such other information as the City Council
may request, the Council may either sustain,
reverse or modify the action of the Land Use
Administrator.
The decision of the City Council shall be final
unless an appropriate lawsuit is instituted in
Kitsap County Superior Court within 20 days of
the Council's action.
12.32,090 Penalties. Any person violating any
of the provisions of this chapter shall be
guilty of a misdemeanor and, upon conviction
thereof, punished by a fine of up to $5,000 or
imprisonment for up to 30 days, or both such
fine and imprisonment.
Section 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdic-
tion, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 3. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ~
FILED WI THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: January 31, 1985
MAYOR, ALICE B. TAWRES~
January 4, 1985
January 17, 1985
EFFECTIVE DATE: February 5, 1985
ORDINANCE NO. 85-2
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