City of Tacoma, WA Chapter 2.22 Right-of-Way Development Code

§ 2.22.010 General provisions.

A. Scope and intent. This chapter is intended to supplement the requirements of TMC Chapter 10.22 and provide guidance for permitting construction and maintenance activities within the City right-of-way.

B. Authority. The provisions of this chapter are under the authority of the Director of Planning and Development Services, or designee.

C. Referenced codes, reports, and standards. This code may reference separate codes or standards, and the provisions of those reference codes or standards shall apply unless they conflict with the provisions in this code. Where there are conflicts, the most restrictive code shall apply as determined by the Director of Planning and Development Services, or their designees.

D. Bonds.

1. Right-of-way bond.

a. A $15,000 right-of-way bond shall be required for all persons or entities undertaking work withing the City's right-of-way and must be in a form approved by the City Attorney. Such bond shall be conditioned on the faithful conformance with the provisions of this chapter, and all standards, policies, and codes of the City. This bond may be further conditioned to cover all Permits issued to the applicant, unpermitted work attributed to the bond principal, and any fees, or civil penalties accrued by the applicant. This bond shall remain in effect for a period of 12 months following completion of any right-of-way work.

b. Exemptions. The Director or designee shall be authorized to develop rules, policies, or procedures that exempt limited right-of-way work for the ROW Bond Requirement.

2. Performance bond. A performance bond shall be delivered to the City, prior to the issuance of a Work Order permit. The bond shall be equal to the sum of the value of the Work to be performed, but, in any event, not less than $15,000; and be in a form to be approved by the City Attorney. Such bond shall be continuously in effect from the date of issue and may be further conditioned to cover and any fees, or civil penalties accrued by the applicant.

E. Violations. The City may issue an order assessing civil penalties against a responsible party as part of a notice of violation or compliance order, or as a separate enforcement action for violations of polices, standards, permit conditions, or TMC. Responsibility for violations is joint and several, and the City is not prohibited from taking action against a person where other persons may also be potentially responsible for a violation; nor is the City required to take action against all persons potentially responsible for a violation. Payment of a civil penalty does not relieve a person or persons of the duty to correct the violation.

(Ord. 28701 Ex. A, 2020-11-17; Ord. 28797 Ex. A, 2021-12-14; Ord. 29101, 2026-04-14)

§ 2.22.015 Administrative provisions.

A. The Director of Planning and Development Services shall have the authority to develop rules, policies, and administrative procedures for, but not limited to, the following items:

1. Public notifications. Notices may be required for any permits issued under this chapter. When required, the notices shall be completed prior to the start of construction.

2. Project meetings. Permittees, contractors, and others associated with a permit may be required to attend Project Meetings related to permit requirements, to address neighborhood impacts such as dust and construction noise or other neighborly issues that arise from the contractor’s activities.

3. Construction nuisances. Additional requirements may be imposed on project construction activities that impact the surrounding neighborhood, such as public safety, dust and construction noises. Identification of these issues may be by a complaint, City and/or other regulatory inspection. A project meeting may be called to address the impacts.

4. Adjacent properties. No person engaged in work regulated by this chapter may utilize the neighboring properties for parking, materials storage, staging, access, or any other activity without the consent of the owner.

B. Violations of TMC Chapter 2.22 or any provision as required by the Director of Planning and Development Services under TMC § 2.22.015 shall be administered as outlined in TMC Chapter 1.82 – Uniform Enforcement Code, and/or Chapter 2.02.130 of this code.

C. As authorized by RCW 36.70B.140 permits issued under this section are exempt from the timeline provisions of RCW 36.70B.060 through RCW 36.70B.090 and 36.70B.110 through 36.70B.130.

(Ord. 28701 Ex. A, 2020-11-17; Ord. 28797 Ex. A, 2021-12-14; Ord. 28957 Ex. A, 2024-03-05; Ord. 28980 Ex. A, 2024-09-24)

§ 2.22.020 Definitions.

"Administrative procedures."

The written process followed to implement a policy.

"Civil engineer."

A professional engineer licensed in the State of Washington and specialized in the design, analysis and supervision of the construction of public and private works, especially roads, excavations, grading, filling, drainage, and erosion control.

"Off-site improvements."

The improvements required beyond the BUILDING SITE, as defined in TMC § 2.19.020B, contained with right-of-way or easement necessary to support public health and safety meeting applicable codes and design standards as required by federal, state or Tacoma Municipal Code. Improvements required may be, but are not limited to, street paving, concrete curbs and gutters, stormwater BMPs/facilities (as defined in TMC Chapter 12.08D), utility extensions, sidewalks, trees, landscaping, signage, traffic and street lights, vaulted walk, retaining walls, accessible curb ramps, and driveways.

"Policy."

A written direction provided to City staff by the Director of any City of Tacoma Department, often providing clarification and interpretation of code or other requirements.

"Project meetings."

Either a private meeting with the City or a publicly accessible meeting with the public for a specific permit to discuss the project and any concerns or nuisances with the City, the permit holder, and the project contractor.

"Public notifications."

A mechanism to inform the public regarding the scope and status of a project.

"Right-of-way."

Any public street or easement as defined in TMC Chapter 10.22

"Rules."

A written enforceable directive by the Director of any City of Tacoma Department.

"Street frontage."

The abutment of privately owned property along one side of a street between the intersections of streets, alleys, and other public ways.

"Work/live and live/work."

See definitions in Chapter 2.02.100.

(Ord. 28701 Ex. A, 2020-11-17; Ord. 28797 Ex. A, 2021-12-14; Ord. 28957 Ex. A, 2024-03-05)

§ 2.22.030 Permit requirements.

A. Permit requirements. All construction and maintenance activities shall require a permit as outlined in TMC § 10.22.050.

B. Permit expiration. At any time during the permitting process: application, plan review, or construction; a permit will expire if no applicant activity within the specific process occurs within 180 days. The City will notify the applicant of its intent to cancel the permit at the end of 180 days. Upon notification, the applicant may request an extension of their permit and additional fees may be required for inspections or additional review.

C. Modifications or alternate means.

1. Where there are practical difficulties involved in carrying out the provisions of this code, the Director of Planning and Development Services, or designee, shall have the authority to grant modifications for individual cases provided that the modification is in compliance with the intent and purpose of this code. In addition, the provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that the Director of Planning and Development Services, or designee, finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material or method is for the purpose intended and not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, durability, and safety.

2. A Modification or Alternative Means request shall be in writing and shall fully describe the request including the code, design standard, regulatory requirements, and/or Engineering Best Practice and how the alternative proposal is in compliance with the intent and purpose of the code, design standard, regulatory requirements, or Engineering Best Practice. Upon review by the City, which may include requests for additional information, the Modification or Alternative Means will be denied or conditionally approved by the Director of Planning and Development Services, or designee, before being used for a project.

(Ord. 28701 Ex. A, 2020-11-17)

§ 2.22.040 Off-site improvement requirements.

A. Scope and intent.

1. The intent of this code is to consider the health, safety and general welfare of the public. Development shall not impact City Right-of-Way inconsistent with the most applicable current City codes and standards. In addition, development shall not impact adjacent and/or downstream property owners in a detrimental manner. Projects shall be coordinated consistent with TMC Chapter 10.22 and minimize impacts to the rights-of-way consistent with TMC § 10.22.170.

2. Proposed improvements shall require the submittal of plans completed by a professional civil engineer and/or surveyors licensed in the state of Washington consistent with the state licensure requirements and engineering best practice. In addition, all work shall be compliant with the City of Tacoma design requirements and using City of Tacoma benchmarks for surveying. Where City of Tacoma monuments are not within 2500 feet of required off-site improvements, as measured along the street grid, a new City monument will be established at the nearest intersection to the project.

B. Off-site improvements.

1. Off-site improvements shall be required for all New Construction, Additions, Site Uses, Change of Occupancies as defined in the International Existing Building Code, Moved Buildings, and Remodels/Alterations to existing buildings. Projects involving more than one project type (New Construction, Additions, Change of Occupancy, and Remodel/Alteration) shall apply the most restrictive criteria in Table 2.22.1. The Director may require offsite improvements for projects consisting of new and/or redeveloped site or right-of-way improvements, without the construction of a building such as parking lots, recreational facilities, storage yards, or other improvements as determined by the director.

2. The Director of Planning and Development Services, or designee, is authorized to establish and modify or eliminate the off-site improvement requirements shown in Table 2.22.1 for individual cases where there are practicable difficulties involved in implementation of the requirements of this code. The Director of Planning and Development Services, or designee, shall determine the order of preference when determining off-site improvement requirements, considering health, safety, and welfare, along with environmental protections as the primary objectives. Secondary objectives may include considerations for transportation corridors and proximity to schools and parks. Although a maximum level of off-site improvements that may be imposed by project type is shown in Table 2.22.1, this limitation shall not apply to any additional improvements for projects that have requirements imposed by a SEPA, Conditional Use Permit, or other conditioning documents. Nor does it absolve the property owner of the responsibility to repair any damaged or defective sidewalk.

3. Off-site improvements, as defined in TMC § 2.22.020, shall be constructed to conform to City of Tacoma Standards as defined by, but not limited to, the City of Tacoma’s most current: Right-of-Way Design Manual; Right-of-Way Restoration Policy; Stormwater Management Manual; and/or Side Sewer and Sanitary Sewer Availability Manual.

4. The following off-site improvement requirements shall apply to all applicable project types listed in Table 2.22.1.

a. Alleys: When a lot adjoins an alley or street intersection, improvements shall also be installed at the alley or street intersection. Alleys shall be improved to City of Tacoma Standards when any access to the site is provided from the alley.

b. Off-site improvements are dependent on the project type and threshold listed in Table 2.22.1, and shall require the development of cement concrete curb and gutter, sidewalks, curb ramps, paving, safety measures, other right-of-way elements and drainage of all dedicated streets along the lot frontages, except, in cases where the topography or other conditions make it impractical. Where required, off-site improvements shall be designed to incorporate the future permanent roadway grade and alignment as established by the City.

c. Access to property. Driveway approaches shall be in accordance with TMC Chapter 10.14 (Driveway Ordinance). Public roads fronting the property shall be comprised of an all-weather surface per the requirements of TMC Chapter 13.06, or will need to be paved to provide an all-weather surface. Driveway access shall be limited to the lowest pedestrian-classified roadway adjacent to the site as designated in TMC Chapter 13.06 and described in TMC Chapter 10.14. Unused or abandoned driveways shall be removed as part of a project’s off-site improvement requirements. The removal of unused or abandoned driveways shall not be subject to the exceptions in Table 2.22.

d. Where a site has existing improvements such as sidewalks, curbs, gutters, and paving, these improvements shall be replaced if they are broken, damaged or hazardous. Pavement shall also be required to be replaced when it does not meet the current standard pavement section for residential or arterial streets contained in the City of Tacoma Standards. Live/Work and Work/Live developments which are exempt from off-site improvements per Table 2.22.1 are only required to replace broken, damaged, or hazardous sidewalks along the street frontage.

C. Fee in lieu of. Upon approval of the Director of Planning and Development Services, or designee, a fee may be paid in lieu of construction of the required off-site improvements. In addition, the Director of Planning and Development Services, or designee, shall determine the eligible off-site improvements and fee in lieu amount. The fees shall be paid at the time of permit issuance and deposited in the Fee In Lieu of Off-site Improvements Fund.

D. Covenant and easement agreement. Where development has been exempted from off-site improvement requirements for Live/Work or Work/Live uses, a covenant/use restriction shall be recorded on title of the exempt property as a covenant running with the land that the use giving rise to the exemption must be maintained for a minimum of 10 years. If Live/Work or Work/Live use changes within the 10-year covenant/restriction period, off-site improvement requirements may be imposed at the time of change of use.

Table 2.22.1 Off-site Improvement Determinations(1)
Project Type	Threshold	Off-site Improvement Requirement(2, 4)
New Construction
Commercial(3)	All new and moved buildings	No limit defined. Off-site improvements pursuant to Section 2.22.040B and as determined by the Director of Planning and Development Services, plus all utility construction or relocation and installation of safety mitigation measures.
Single family and two family dwellings	All new and moved buildings	No limit defined. Offsite improvements as determined by the Director of the Planning and Development Services. Fee In-lieu available pursuant to Section 2.22.040C.
Single family and two family accessory structures and garages		None required; Access to property shall be in accordance with Section 2.22.B.4.
Additions
Commercial - Large	50% or greater than building area	No limit defined. Off-site improvements pursuant to Section 2.22.040B, and as determined by the Director of Planning and Development Services, plus all utility construction or relocation and installation of safety mitigation measures.
Commercial - Small	Less than 50% of building area	Off-site Improvement Requirements up to approximately 10% of Addition Valuation.
Single family and two family dwelling	Additions	None required; Access to property shall be in accordance with Section 2.22.040B.4.c, and compliance with Section 2.22.040B.4.d.
Change of Occupancy
Large	Change of Occupancy to 50% or greater of the building area	Off-site Improvement Requirements up to the greatest of either: a. 10% of Remodel Valuation(3) b. 10% of the change to the building valuation based on the most current ICC Building Valuation table. Fee In-lieu available pursuant to Section 2.22.040.C.
Small	Change of Occupancy to greater than 10% but less than 50% of the building area	Off-site Improvement Requirements up to the greatest of either: a. 5% of Remodel Valuation(3) b. 5% of the change to the building valuation based on the ICC Building Valuation. Fee In-lieu available pursuant to Section 2.22.040.C.
Exceptions	Change of use to: a. Live/work occupancy for up to 10 dwelling units; b. Work/live use for buildings less than 30,000 square feet (2787 m2)	None required
Remodel/Alterations
Large	Remodel Valuation 50% or greater than ICC Building Valuation	Off-site Improvement Requirements up to approximately 10% of Remodel Valuation(3) Fee In-lieu available pursuant to Section 2.22.040.C.
Small	Remodel Valuation greater than 10% but less than 50% of ICC Building Valuation	Off-site Improvement Requirements up to approximately 5% of Remodel Valuation(3) Fee In-lieu available pursuant to Section 2.22.040.C.
Exception	Remodel Valuation less than 10% of ICC Building Valuation	Off-site improvements may be required at the discretion of the Director of Planning and Development Services.
Exception	Water or Fire Damages repairs that are valued at less than 50% of the ICC Building Valuation	None required

Notes:
(1)	Limits listed are approximate, and the Director of Planning and Development Services, or designee, may impose additional requirements as needed to protect the health, safety, and general welfare of the public.
(2)	Costs for utility construction or relocation and safety mitigation measures shall not be included in the owner’s/developer’s percentage of off-site improvement requirements. Off-site improvement requirements contributing to the percentage shall include, but not be limited to: street paving, concrete curbs and gutters, asphalt wedge curb, sidewalks, driveways, and curb ramps.
(3)	The Remodel Valuation limit shall be defined as the estimated construction cost of the project submitted by the contractor or owner at time of permit submittal as a percentage of the most recent version of the International Code Council Building Valuation Data. The estimate shall detail all major cost elements of the project. The remodel valuation limit shall not apply to projects that have requirements imposed by a SEPA, Conditional Use Permit, or other conditioning document.
(4)	Determination of the off-site improvement cost maximum limitation shall be for the finished construction costs not including soft costs (Permitting, Engineering, Inspection, etc.).

(Ord. 28701 Ex. A, 2020-11-17; Ord. 28797 Ex. A, 2021-12-14; Ord. 28957 Ex. A, 2024-03-05)