17.04.070 Control and maintenance of dedicated and constructed facilities.
A. Acceptance of a plat dedication of a right-of-way, easement, park, way, square, place, open space, or any other public area shown on a plat gives the city control of the area and the obligation only to hold and manage the area in the public interest. The city has no duty to open, improve or maintain any way or other place upon its dedication by plat. The exercise of control over a dedicated area creates no duty for the city to open, improve or maintain the area.
B. The placement of utility facilities in a dedicated street or utility right-of-way or easement (“city property”) may occur only under a permit issued by the city authorizing the placement. The director of the public works department or such other person as the manager may designate shall issue utility permits. The permit may be conditioned on the payment of either or both one (1) time or annual fees established by the council by resolution. The rights of the public or the city to the use of a dedicated way or easement is superior to that of a private utility or other private person.
If, incidental to the construction of public facility or public road, the city determines in writing that a utility facility located across, along, over, under, or within city property must be changed, relocated, or removed, the utility owning or maintaining the utility facility shall change, relocate, or remove it in accordance with the written determination, within a reasonable time set by city in the written determination.
If the utility facility is not changed, relocated, or removed in accordance with the written determination, any permit authorizing the facility issued by the city under the Bethel Municipal Code becomes invalid and the facility will be considered an unauthorized encroachment.
The cost of change, relocation, or removal, as set out in the written determination is to be paid as follows:
1. By the city as a cost of public facility or public road construction, if the utility facility is installed or authorized after June 11, 1986, under a utility permit or a regulation and is installed in the location specified in the permit;
2. By the city as a cost of the public facility or public road construction, if the facility was installed before June 11, 1986, under a utility permit or utility easement and is in the location specified in the permit or easement;
3. By the city as a cost of public facility or public road construction, if the utility facility was installed before the location became a part of city property or before permits were required;
4. By the city as a cost of public facility or public road construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five (5) years before the contract for the public facility or public road construction was first (1st) advertised;
5. By the utility in all other cases unless the city finds it is in the public interest for the cost to be paid by the city.
C. The duty and liability for the condition of and for the maintenance, operation and repair of streets, boardwalks and other pedestrian ways, street lights, street signs, sewer and water facilities, drainage improvements and other improvements constructed by a subdivider as a condition of receiving final plat approval remain with the subdivider until the improvement meets the applicable standards of the city, is free and clear of liens and claims of any nature, and has been formally accepted by the city. Upon acceptance of such improvement by the city, title to the improvement vests in the city and the city assumes the duty of maintenance, operation and repair of the improvement, except as provided in this section.
D. The following improvements continue to be the responsibility of the subdivider after the city has determined that their construction meets the applicable city standards:
1. Community water systems that are required to be operated by the subdivider or a property owners’ association;
2. Community sewage collection and disposal or treatment systems that are required to be operated by the subdivider or a property owners’ association;
3. Open and recreational space that is required to be maintained and operated by the subdivider or a property owners’ association;
4. Streets and other ways that are required to be maintained and repaired by the subdivider or a property owners’ association;
5. Any other improvement or dedication required by the planning commission to be provided and that the commission requires be operated, maintained, repaired or controlled by the subdivider or a property owners’ association.
E. Community water and sewer systems shall be designed and constructed to city standards and in such a manner that the system may be connected to the city system when city mains or laterals are extended to the area. The cost of connecting the community system to the city systems and the cost of any modifications or repairs to the community system that are necessary to bring the community system up to city standards or to make the community system compatible with the city system shall be paid by the property owners or customers of the community system. Payment shall be in a lump sum prorated on a property owner or customer basis unless a different proration or payment method is provided for in the applicable utility tariff. Upon connection of a community system to the city system, title to all the facilities of the community system vest in the city, free of all claims and liens, unless otherwise provided in an agreement between the city and owner of the community system entered into at the time the systems are constructed.
F. Streets for which the city will not immediately assume maintenance responsibility shall, nevertheless, be designed and constructed to applicable city standards and shall be constructed to the place where the subdivision street connects to the easement or right-of-way that provides access to the subdivision. [Ord. 05-18 § 3; Ord. 01-05 § 7.]