Townsend.
CHAPTER 12.04
STREET CONSTRUCTION AND IMPROVEMENT STANDARDS
Section 1. Chapters 12.04, 12.08 and 12.10 are hereby repealed and replaced with a new Chapter 12.04, entitled "Street Construction and Improvement Standards", to read as follows:
12.04.010 Purpose/Authority.
The purpose of this Chapter is to:
1. Establish the authority of the City to require any person developing property, applying for a building permit or other development permit required under Title 17 or 18, PTMC, seeking to temporarily use a public right-of-way for vehicular access, or seeking to open, develop or improve for traffic or utilities any street, alley, easement or right-of-way, to make reasonable public improvements to such street, alley, easement or right-of-way;
2. Make provisions for mitigating the direct impacts of development on existing utility services, streets, alleys, easements and public rights-of-way in the City of Port Townsend;
3. Establish uniform and consistent procedures and permitting requirements that must be followed by such persons;
4. Establish criteria which will be used to determine the nature, extent and location of a required public improvement, and;
5. Provide authority to establish a development standards manual to be used for required public improvements.
It is also recognized that variances from the required standards may be necessary or appropriate in certain cases; it is further recognized that where a proposed deviation from certain standards is minor or insubstantial, it is desirable to give the Public Works Director the discretion to waive or modify technical compliance with such standards. Therefore, it is a further purpose of this Chapter to establish a procedure and conditions by which the Public Works Director may grant a variance from, or a waiver/modification of, requirements of this Chapter on a case by case basis.
12.04.020 Definitions.
Unless the context clearly indicates otherwise, the words used in this Chapter shall have the meaning given in this section:
1. "Accepted street" means a public right-of-way accepted by the City Council to be fully developed to city street standards or any permitted variation. [Note: this implies action by council-we probably want it administrative. Change to "acceptance by Public Works Director"?]
2. "Abutting property" includes all property that fronts upon the margin of any street, right-of-way, alley or other public place.
[Kit has changed definitions for "approved street" and "opened street" in manual as distinguished from an "accepted street". We need a consistent definition from you for all of these]
3. "Alley" means a public thoroughfare or way having a width of not more than twenty feet which normally affords only a secondary means of access to abutting properties.
4. "Bikeway" means any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.
5. "Bike lane" means a portion of a roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicyclists.
6. "City street standards" means those standards for street construction and improvement set forth in this Chapter and in the City of Port Townsend Development Standards Manual ("Development Standards Manual"), adopted by reference in section 12.04.070 below, together with any other requirements for streets standards provided by other ordinances of the City.
7. "Cul-de-sac" means a short street having one end open to traffic and being terminated at the other end by a vehicular turnaround.
8. "Hammerhead turnaround" means an area at the end of a street that is designed to provide a fire apparatus turnaround area.
9. "Opened street" means a public right-of-way used by vehicles which is not fully developed to street standards or accepted by the City as an accepted street.
10. "Person" means any person, firm, partnership, association, corporation, organization, or entity of any kind.
11. "Planning Director" means the Director of the Planning and Building Department of the City of Port Townsend or his or her designee.
12. "Public Works Director" means the Director of the Public Works Department of the City of Port Townsend or his or her designee.
13. "Significant tree" means any historic, rare or unusual type of tree, or common tree over 24 (36?) inches in diameter when measured one inch above normal grade, as further defined and described in the Development Standards Manual. [The "historic, rare or unusual" definition may be troublesome if it cannot be defined in manual. We need to discuss this further-see later section of ordinance dealing with this issue].
14. "Street" is intended to be broadly defined, and includes any street, highway, sidewalk, avenue, alley or other public right-of-way or public grounds intended for travel, parking or access for vehicles, bicycles or equestrians or any other legitimate street purpose, whether opened or unopened, platted and partially improved or open but not improved to the level required by the City. Street classifications are defined as follows:
A. Local Access Street means a public right-of-way used primarily to provide access to abutting residential properties and includes any street not otherwise classified in the City of Port Townsend Functional Classification Map ("Classification Map") as it now exists or is later amended.
B. Collector Street means a street, either existing or proposed, that is intended to carry traffic from local access streets to arterial streets and provides access to abutting property and includes any street shown as a collector street in on the Classification Map as it now exists or is later amended.
C. Minor Arterial Street means a street, either existing or proposed, that is intended to carry heavy amounts of traffic generated primarily within the community, and to provide access to abutting property, and includes any street designated as a minor arterial street on Classification Map, as it now exists or is later amended.
D. Principal Arterial Street means a street of exceptional continuity, either existing or proposed, that is intended to carry a heavy portion of through traffic from one distant area to another, and shall include any street designated as a major arterial street on the Classification Map, as it now exists or is later amended. Direct access to a major arterial is usually restricted to intersecting streets or consolidated commercial or industrial entrances.
15. "Street Development and Utility Permit" means any permit required under the provisions of Titles 12, 17 and 18, PTMC.
16. "Street improvements" means the installation of all public facilities required to improve the street to city street standards, including grading, pavement, utilities, curb/gutter, walkways, storm and street drainage, street lights, traffic signals, signs and other traffic control devices, landscaping, cul-de-sacs/hammerheads, street widening, on-street parking, driveways, bikeways, and other necessary appurtenances.
17. "Walkway" includes any sidewalk, structure or form of street improvement designed and intended for use by pedestrians.
This section on definitions is supplemented by the Development Standards Manual, as now or later amended, adopted by reference in section 12.04.070 below.
12.04.030 Street Development and Utility Permit Required/Revocation/Lapse.
1. Permit Required. No person shall grade, disturb, construct, make any kind of improvements on or open, even temporarily, any city street, alley, easement or right-of-way without first obtaining a "Street Development and Utility Permit" from the Public Works Director as provided in this Chapter.
2. Revocation. The permit granted may be revoked by the Public Works Director for failure to comply with any provision of the Port Townsend Municipal Code or violation of any condition imposed on the permit.
3. Lapse. All permits shall lapse after 12 months [need a specific time for lapse-what is a realistic time?] after issued unless earlier revoked; provided however, that written requests for extensions may be made prior to the expiration of the permit upon a showing to the Public Works Director that delays have or will preclude timely completion of the work. Approval of such request shall be discretionary with the Public Works Director and will be granted only upon a finding that the delays were caused by unanticipated events that were beyond the control of the applicant. Any extension shall include a condition that the work will be completed within a reasonable time, not to exceed one year, as specifically set forth in the grant of the extension..
12.04.040 Unlawful Digging of Streets/Permit Required.
No person, not an officer of or employed by the City, shall break up, dig up, cut, excavate, tunnel, fill or in any way disturb or obstruct any city street, alley, easement or public right-of-way for the purpose of making sewer, gas, water or other utility connections, or for the purpose of repairing or laying sewer, water or other utilities, or for any other purpose, before obtaining a Street Development and Utility Permit from the Public Works Director as provided in this Chapter and Chapter 12.08, PTMC. [I've added an excavation section at the end as a new Chapter--review]
1. Emergency Exception. In the case of an emergency occurring outside regular office hours, whenever an immediate excavation is necessary for the protection of life or property, the Public Works Director may grant permission to make the necessary excavation upon the condition that an application for a permit be made under this Chapter on or before noon of the next following business day.
12.04.050 Application Requirements/Permit Issuance
1. Applications for Street Development and Utility Permits shall be on a form provided by the Planning and Building Department. No application shall be accepted for review unless accompanied by the non-refundable application fee described in Chapter 3.36. In addition, before an application will be accepted for review it must contain all information required by the Planning Director, as set forth in the "Development Standards Manual", and must have been determined to be a complete application by the Planning Director. The Planning Director may reject an application as incomplete within a reasonable time after the initial review, in which case the Director shall return it to the applicant with-an indication of the additional information needed to make the application complete.
2. The Planning and Building Department will be the single intake location for acceptance and processing of permits under this Chapter. Permits will be issued by the Public Works Director.
3. The applicant shall agree to hold harmless and indemnify the City as specifically described on the face of each permit.
4. The applicant shall provide property damage and liability insurance when requested by either the Public Works or Planning Director.
5. No permit shall be assigned.
6. The permitholder shall be deemed to be the property owner or franchise owner in whose name the permit is issued.
12.04.060 Appeals.
1. Administrative Appeals. An administrative decision of the Public Works Director to issue or refuse to issue a permit, or to revoke or refuse to revoke a permit, or to issue an emergency or stop work order may be appealed to the City Council. Chapter 1.14 of the Port Townsend Municipal Code and the procedures set forth in that chapter shall apply to the appeal of all such administrative decisions. The appeal must be accompanied by a filing fee in the amount set forth in Chapter 3.36. Any such decision of the Public Works Director not appealed from shall be final at the time made.
2. Judicial Appeals. Any decision of the City Council under this Chapter shall be final and conclusive unless within thirty days of the date of the council's final written order a party of record applies to the Jefferson County Superior Court for a writ of review challenging the decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.
12.04.070 Adoption of Standards/Map bv Reference.
1. Development Standards. The detailed policies, requirements and standards for street design, improvement and development as contained in the current document entitled "City of Port Townsend Development Standards" ("Development Standards Manual") are adopted by reference. One copy of this document shall remain on file with the City Clerk/Treasurer and is available to the public for examination and/or copying. Additional copies of the manual may be obtained from the City Clerk/Treasurer at a reasonable charge. The "Development Standards Manual" shall be adopted by action of the City Council after a duly noticed public hearing and may be revised from time to time by action of the City Council after additional public hearing. All references in this or other_ chapters of the Port Townsend Municipal Code to the Development Standards Manual refer to the document as it currently exists or is later amended or revised.
2. Map. The Functional Classification of Streets Map, as now or later amended, is adopted by reference. One copy of the map shall remain on file with the City Clerk/Treasurer. Additional copies of the map may be obtained by the City Clerk/Treasurer at a reasonable charge.
12.04.080 Scope.
The standards adopted by reference in Section 12.04.070 shall be followed in construction and improvement of all streets, alleys, easements and rights-of-way in the City of Port Townsend.
12.04.090 Improvement and Construction Requirements for Development of City Streets, Rights-of-way, Easements and Alleys.
A. General requirements.
1. Whenever new lots are proposed to be created, or any type of development is proposed, streets, alleys, easements or rights-of-way shall be required to be improved and/or constructed as a condition to further property development, as set forth in this Chapter and the Development Standards Manual. One or more of the following types of improvements may be required:
a. Pavement;
b. Curb and walkway installation;
c. Storm and street drainage;
d. Design of structures and/or grading to future right-of-way grade;
e. Bikeways;
f. Landscaping;
g. Driveways;
h. Street widening;
i. Street lighting/illumination;
j. Cul-de-sacs/hammerheads;
k. On-street parking;
1. Utilities;
m. Signs and/or other traffic control devices;
n. No protest agreement(s);
o. Maintenance agreement(s);
[Michael, we need to discuss how the development standards in the platting ordinance Fit in here. That ordinance may have to reference this one or we may have to except plats from these standards. See No. 7 below.]
2. Detailed requirements and standards for street design, improvement and development are contained in the Development Standards Manual.
3. All street, alley and public right-of-way improvements shall be constructed by a contractor or contractors duly licensed and bonded under the laws of Washington State.
4. Reasonable off-site improvements, such as provision of drainage systems, fire access roads, paving or grading of streets, turn-arounds and related utility improvements will be required under the authority of this Code, other City ordinances, the State Environmental Policy Act "(SEPA"), or as allowed by state, law, to mitigate the direct impacts of development and/or to meet safety requirements.
5. The regulations in this section are not intended to preclude the use of Chapter 19.04, PTMC, the Port Townsend environmental protection ordinance relating to SEPA, to mitigate adverse environmental impacts where such mitigation would not be duplicative of the requirements under this Chapter. For example, SEPA conditions may be required to mitigate the impacts of development on the street system, including but not limited to the cumulative impacts of such development, or to meet safety standards where consistent with applicable SEPA policies and the Washington Administrative Code ("WAC") Section 197-11-660.
6. The regulations in this section are not intended to preclude the enforcement of the provisions of Chapter 19-05, PTMC, the Port Townsend ordinance relating to environmentally sensitive areas. Review of development under this Chapter and Chapter' 19.05 shall be coordinated to insure consistency.
7. The regulations in this section are not intended to supersede or preclude the enforcement of the provisions of the Subdivision Code, Title 18, or the provisions of the code relating to Flood Damage Prevention and Drainage Plans, Chapters 16.08 and 16.12, PTMC.
8. Subsection C of this Chapter contains waiver/modification provisions for certain standards requirements for street and related improvements. Subsection D contains procedures for variances from the standards requirements for street and related improvements.
B. Implementation of general requirements.
1. Dedications/easements. Person(s) developing property may be required to dedicate additional right-of-way for streets and other improvements to meet minimum right-of-way requirements and for public safety and compatibility with the area's circulation system as specified in the Development Standards Manual. Easements for public systems may also be required as specified in the Development Standards Manual.
2. Minimum right-of-wav widths. The minimum right-of-way widths for streets shall be as specified in the Development Standards Manual.
3. Street frontage improvements. The following shall be installed, modified or expanded as directed by the Public Works Director and specified in the Development Standards Manual: storm and/or drainage ditches, curbs and gutters, water and sewer lines, utilities, traffic signals/signs, walkways, landscaping, street widening, and or any other reasonably necessary improvements as identified in the Development Standards Manual.. In addition, regarding walkway, bikeway and landscaping improvements specifically:
a. Walkways. Walkways shall be installed where required by the Non-Motorized Plan, when adopted, and according to the Development Standards Manual. Further requirements for sidewalks are set forth in Chapter 12.12, PTMC.
b. Bikeways. Bikeway construction will be required as indicated by the Non-Motorized Plan, when adopted, and according to the Development Standards Manual.
c. Landscaping. Landscaping, planting or vegetation in the public right-of-way shall comply with the requirements set forth in the Development Standards Manual.
4. Improvements to substandard street. If a street to be opened and improved connects to an unpaved or substandard street, and such unpaved or substandard street is the only connection to the rest of the City's street network, where reasonable the Public Works Director may require off-site improvements to be made to the connecting street to make the street conform to Uniform Fire code requirements and the standards in the Development Standards Manual.
5. Dead-end streets. The Public Works Director may require that streets forming a permanent or temporary dead-end be improved with a cul-de-sac or other vehicular turnaround in accordance with the Development Standards Manual.
6. Sight obstruction. Pedestrian, vehicle and traffic control devices sightlines shall be maintained as set forth in the Development Standards Manual.
7. Fire access: If a lot does not have vehicular access from a street or private easement which meets the regulations for fire access roads in the Uniform Fire Code, Title 16, PTMC, such access shall be provided from the nearest existing opened street right-of-way to and through the property to be served by such street to the next intersection, unless an approved fire apparatus turnaround is provided. Any existing street must also meet these requirements, unless the Public Works Director and Chief of the Fire Department jointly approve an alternative that provides adequate emergency vehicle access.
8. Grading/surfacing. Streets shall be graded and/or surfaced as set forth in the Development Standards Manual. These are minimum surfacing requirements and additional requirements may be imposed at the discretion of the Public Works Director if suitable subgrade conditions are not met.
9. Driveways. All curbcuts, driveways or other points of access or egress to a street, commercial and residential, shall be located and conform to the specifications in the Development Standards Manual.
10. Intersections/Sight Obstruction. The number of local access streets intersecting with major and secondary arterials shall be held to the minimum. Intersection geometries shall be as specified in the Development Standards Manual. Sight obstruction requirements shall be as specified in the Manual.
11. Utilities. Trench backfill and restoration shall be as specified in the Development Standards Manual.
12. No protest agreements. The Public Works Director may require that property owners enter into a "no protest agreement" where it is determined that development of the property will create impacts which can only be later mitigated through construction of an area-wide or neighborhood improvement and it would be unreasonable to require the full improvement as a condition of the development. Where a property owner enters into a no protest agreement with the City waiving the property owner's right under RCW 35.43 et. seq. to protest formation of a local improvement district, the agreement must specify the improvements to be financed by the district and set forth the effective term of the agreement, which shall not exceed ten years. The agreement shall be recorded with the Jefferson County Auditor. The agreement cannot require the property owner to waive objections to the amount of the owner's individual assessment (including the determination of special benefits allocable to the property) or the right to appeal the final assessment to Superior Court.
13. Maintenance agreements. Insert general language re city maintenance policies (i.e., grandfather existing streets, maintenance agreements, city responsibility) to be spelled out in separate resolution.
C. Waiver/Modification of the Required Street Improvement and/or Construction Standards.
1. The Public Works Director may grant minor or insubstantial waiver or modifications of any or all of the requirements for curb and walkway installation, storm and sewer drainage, design of structures and/or grading to future right-of-way grade, signs or other traffic control devices, landscaping, driveways, street widening, cul-de-sacs/hammerheads or utilities, provided that any waiver or modification will not harm or will be beneficial to the public in general, and only where it is determined that one or more of the following conditions are met:
a. Location in an environmentally critical area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the street or right-of-way impractical or undesirable.
b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the street or right-of-way impractical or undesirable.
c. Widening and/or improving the street or right-of-way would eliminate street access to an existing lot.
d. Widening and/or improving the street or right-of-way would make building on a lot infeasible by reducing it to dimensions under which the property owner can have no reasonable use of the property.
e. One or more structures on the same side of the block as the proposed project are located in the area needed for future expansion of the street or right-of-way, and the structure(s)' condition and size make future widening of the remainder of the street or right-of-way inteasible.
f. Widening and/or improving the street or right-of-way is impractical because topography would preclude the use of the street for vehicular accessto_. the lot (for example due to an inability to meet the required twenty percent (20%)";" maximum driveway slope).
g. Widening and/or improving the street or right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic which might potentially be served by the street or right-of-way.
h. The specific design of the future street is currently unknown, making improvement impractical and undesirable. In this case the applicant must sign a no-protest agreement, not to protest the formation of a Local Improvement District to install improvements upon future completion of street design.
i. The installation of the required improvements would likely cause significant adverse environmental impacts that may not be mitigated and the waiver/modification would avoid such impacts.
j. There is street or right-of-way adjacent to the lot[s] and easement access is required across private property.
2. The request for a waiver or modifications of the above listed standards shall be in writing, submitted to the Public Works Director (or do we want an application and fee submitted to Planning?), and shall specify which requirements) of this Chapter and the Development Standards Manual are at issue and which of the condition(s) listed above can be met, and shall contain a statement as to why the deviation from the required standards is minor or insubstantial and why the waiver or modification sought will not harm or will be beneficial to the general public. The Public Works Director will make a decision within 30 (457) days of receipt of the request, subject to his or her notification to the applicant that additional time is needed to obtain further necessary information, (should decision be final or appealable to city council? Dennis thinks probably appealable)
D. Variance. The Public Works Director shall have the authority, under limited circumstances, to grant a variance from the requirements of this Chapter in accordance with the following procedures and considerations:
1. The person, seeking a variance shall prepare and submit an application on forms provided by the Planning and Building Department accompanied by a filing fee in the amount set forth Chapter 3.36.020, PTMC. [or submitted to PWD the same as waivers above?]
2. Upon receipt of the application, the Planning Director shall first review the application for completeness. If the application is incomplete, the Planning Director shall promptly return it to the applicant and indicate the additional information needed to make the application complete.
3. Within 30 days of receipt of a complete application, the Public Works Director shall make a determination to grant the application, grant the application under specified circumstances, or to deny the variance. The time for such determination may be continued to a later date as agreed to by the applicant. [Bob, can you guarantee a 30-day turn-around time?
4. A variance may be from all or part of the requirements of this Chapter, may require other standards to be satisfied by the applicant, and may be subject to any conditions which the Public Works Director deems necessary to carry out the spirit and purpose of this Chapter in the public interest, safety and welfare. In making his or her determination, the Public Works Director may grant a variance only upon specific written findings of fact setting forth and showing that all of the following conditions exist:
A. That special conditions exist with respect to the land or area such as size, shape, topography, location, density, traffic, greenbelts, open space, character of neighborhood, character of the environment or other factors not generally applicable to other lands or areas, such that the improvement requirements would be unnecessary, inappropriate or unreasonably burdensome;
B. That the special conditions do not result from actions of the applicant;
C. That granting the variance or waiver will not confer a special privilege to the applicant denied to other similarly situated landowners;
D. That it would not be materially detrimental to the public health, safety and welfare, or to other properties or improvements in the area or to the traveling public;
E. That the applicant has set forth sufficient reasons to justify granting the variance or waiver;
F. That it will be in harmony with the general purpose and intent of this Chapter and would not establish a precedent for subsequent variance requests which could diminish the effect of this Chapter in furthering these purposes;
G. That granting the variance will not adversely affect the applicable comprehensive or transportation plans; and
H. That the strict requirements of this section would be otherwise unreasonable as applied to the applicant.
5. The Public Works Director's decision shall be made by written findings and conclusions and may be appealed to the City Council by filing an administrative appeal to the City Council as set forth in PTMC Chapter 1.14, together with an appeal filing fee in the amount set forth in Chapter 3.36. The Council shall consider the merits of the appeal on the basis of consistency with the criterion contained in subsections D(1) through D(7) of this section. Section 12.04.060 (2) of this Chapter shall govern any court appeal of the Council's decision.
12.04.100 Inspections/Approval of Work Done.
The Public Works Director shall have the authority to make such inspections as are reasonably necessary in the enforcement of this Chapter and to ensure compliance with any Street Development and Utility Permit. All work done under the Permit must be approved by the Public Works Director. Upon a satisfactory completion of the improvements in accordance with this Chapter and the standards in the Development Standards Manual, along with compliance of any conditions or requirements set forth in the Permit, the Public Works Director shall sign the Permit indicating his or her approval of the project(s) as completed. [Note: this is a new section-review)
12.04.110 Cutting Significant Trees.
Notwithstanding any other provision in this Chapter, no significant tree, as defined in this Chapter and the Development Standards Manual, shall be cut down or removed from any City street, alley, easement or right-of-way, except upon approval of the City Council [or committee of the City Council?]. This section shall not be construed to prevent the necessary trimming or pruning of significant trees for the purpose of protecting telephone, electrical or other above-ground utility wiring, or for vehicle or other safety purposes by City employees; nor shall it be construed to prevent the removal of significant trees when the Public Works Director deems it immediately necessary to protect public safety.
[Bob, Michael, we need to discuss options. An alternative would be to go with a size designation, and leave saving of rare and unusual trees to the SEPA process. This could miss some trees, i.e., if the issue was a street widening exempt from SEPA, but might be simpler to implement. We could also just list the options for the council to choose between. However, since we are repealing the entire ordinance on tree removal in public-right of ways, we need to alert the council to this fact and not ignore the issue.]
12.04.120 Property Damage Responsibility.
Any person who damages any public property or improvements, either without a Street Development and Utility Permit or in carrying out a Street Development and Utility Permit, shall be responsible for restoration of the area damaged to its prior condition. If the person fails to do so, the Public Works Director shall have the authority to restore the damage either with City labor and materials or by hiring a licensed contractor, and charge the cost of the work plus administrative overhead against the person responsible for such damage.
12.04.130 Liability of City.
This Chapter shall not be construed as imposing on the City or any City official or employee any liability or responsibility for damages to any person or property injured by the performance of any work done under a Street Development and Utility Permit; nor does the City or any City official or employee assume any such liability or responsibility by reason of inspections authorized by the provisions of this Chapter, the issuance of any permit, or the approval of any work.
12.04.140 Construction and Maintenance Bonds.
1. Construction Bond. The Public Works Director may require a developer or contractor to provide a bond or other security, in a form acceptable to the City Attorney, conditioned for the performance within the period of time limited by the Director, for the construction and installation of all roads and utilities, including construction outside the limits of such property, s. being developed which may be required to hook up to existing water, sewer and storm sewers;0 installations, in the amount of the fair cost estimate as determined by the Public Works Director."--When the Director sets forth the amount of bond or security for each improvement, he or she may release that portion of the bond or security when the utility has been finally inspected and accepted by the city.
2. Maintenance Bond. The Public Works Director may require a developer or contractor to provide a maintenance bond, either in cash or with good and sufficient surety, or other form of security acceptable to the City Attorney, conditioned for the guarantee of the workmanship and materials, paving, curbs, sidewalks, storm sewer, sanitary sewer, and water lines for a period of two years from the date upon which all such improvements have been tested and accepted by the city. Such bond shall be in the amount of fifteen percent of the fair cost estimate for all such utilities constructed on or in the developer's property as determined by the city.
12.04.150 Violations. Enforcement and Penalties.
1. It shall be a violation of this Chapter for any person to erect, construct, modify, improve, enlarge, repair, convert or demolish, occupy or maintain any property, vegetation, improvement or utility in any street, alley, easement or public right-of-way contrary to or in violation of the provisions of this Chapter, or to fail to pay any fees when due or fail to follow any order or procedure required by or under this Chapter. .. .
2. The Public Works Director may immediately revoke a permit obtained by any person, firm, or entity, including any property owner or contractor, who fails to commence or complete the required improvements within the time required by the permit or an extension thereof under this Chapter. In addition, any person, firm, or entity that has been issued a building permit, street development permit or other permit in connection with or under this chapter may be immediately required to cease all work under the permit, and the Public Works Director is authorized to cause all work to cease under the permit and to void and nullify the permit. The Public Works Director may also order the person, to restore and repair any unauthorized work in the city rights-of-way by such person.
3. The provisions of any permit under this Chapter, and any no-protest agreement or agreement to participate in a local improvement district which may be required, shall be listed as a condition of any approved building permit and may be enforced as part of the building permit, [from existing ordinance- not really necessary, but it may help with enforcement and insuring that people are aware of the conditions a second time- Michael, any thoughts?]
4. Stop Work Order. Whenever a continuing violation of this Chapter will materially impair the Public Works Director's ability to secure compliance with this Chapter, when the continuing violation threatens the public health or safety, or when the continuing violation threatens or harms the environment the Director may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The posting of the stop work order at or near the site shall be deemed adequate notice of the stop work order. The Director may order the restoration and repair by any person, who does unauthorized work in the city rights-of-way at the expense of such person. Failure to comply with a stop work order is a violation of this Chapter.
5. Emergency Order. Whenever any use or activity in violation of this chapter threatens the public health and safety or threat or harm to the environment, the Public Works Director may issue an emergency order directing that the use or activity be discontinued and that the condition causing the threat to public health or safety or threat and harm to the environment be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place at or near the site, if posting is physically possible. Any condition described in the emergency order that is not corrected within the time specified is a public nuisance and the Public Works Director is authorized to summarily abate the nuisance by such means "as available. The cost of abatement shall be recoverable from the person responsible in any manner provided by law. Failure to comply with an emergency order is a violation of this Chapter.
6. Civil Penalty. Any person, who fails to comply with any provision of this Chapter or any notice, decision or order issued under this chapter shall be guilty of a civil infraction and subject to [SEPA has a "cumulative civil penalty in the amount of five hundred dollars per day for each day of noncompliance"; the existing ordinance has a total fine of $500 for the First violation and $1000 for the second-which do we want?] A notice of infraction may be issued by a city police officer, the city attorney, the Public Works Director or the Planning Director. Upon issuance of a notice of infraction, all the procedures and provisions of Sections 8.04.410 through 8.04.440, PTMC shall apply.
7. Criminal Penalty. Any person violating this Chapter or failing to comply with any order issued by the Public Works Director pursuant to this Chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than 365 days, or by both such fine and imprisonment. Each violation or failure to comply shall constitute a separate offense.
12.04.160 Interpretations.
Where there is any dispute concerning the interpretation of this Chapter, the decision of the Public Works Director shall prevail, subject to appeal to the City Council as provided in this Chapter.
12.04.170 Severability.
If any clause, sentence, paragraph, section or part of this Chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Chapter. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable.
This Ordinance shall be effective immediately after passage and publication as provided by law.
Read for the first, second and third times and passed by the City Council of the City of. Port Townsend, Washington, at a regular meeting thereof, held this _______ day of _____________, 1994.
_____________
John Clise, Mayor
Attest: Approved as to form:
______________________ __________________________
David Grove, Clerk/Treasurer Dennis McLerran, City Attorney
ADDITIONAL TASKS:
1. Amend chapter 1.14 to include decisions of Public Works Director.
2. Amend chapter.3.36 to include fees for Street Development and Utility Permits, Variances, and admin appeals of PWD decision.
3. Amend Chapter 16.04.130 (delete no.2).
4. Review Titles 17 and 18 to ensure consistency with new ordinance.
5. SEPA policies
6. Review the existing "no protest agreement" form package from Public Works to see if it needs updating. Bob: please get to me.
I thought it was getting too confusing and long to put the following section on digging/excavation into the same Chapter as street standards, so the following is a new chapter. Let me know what you think.
CHAPTER 12.08
EXCAVATIONS AND STREET OBSTRUCTIONS
Incorporation bv Reference. Except as otherwise specifically provided in this Chapter, the entire provisions of Chapter 12.04, PTMC are incorporated by reference into this Chapter as though fully set forth.
Permit Required/Application/Fees for Excavation or Digging of Streets. A Street Development . and Utility Permit shall be required for all activities as set forth in Chapter 12.04. Section 12.04.040, PTMC. Section 12.04.050 shall govern the permit and fee requirements.
Development Standards Manual Adopted. The standards and conditions for such activities are set forth in the Development Standards Manual, which is adopted by reference into this Chapter.
Work bv Licensed Contractor. When the Public Works Director determines that the work or activity proposed involves an unreasonable risk to the public, the Director may require that the proposed work be performed by a licensed contractor.
Exceptions. Any work under the direction of competent City authorities by employees of the City, or by any contractor of the City performing work for and on behalf of the City, is excepted from the requirements of this Chapter.
Protection of Public. Protection of traffic shall be in accordance with all laws regarding traffic control. Any work presenting a danger to the public shall be barricaded and illuminated. It shall be unlawful for anyone to remove protective barriers or any lights provided for the protection of the public.
Restoration of Surface. Restoration of the site shall be required. If the permittee shall fail to restore the street to the condition existing prior to excavation, or shall fail to complete such work, the City shall have the right, but not the obligation, to cause such work to be done. In such case, the permittee shall be liable to the City for the cost of all work performed, including administrative overhead.
Cash Deposit or Other Security May be Required. The Public Works Director, in his or her discretion, may require a restoration bond or other security in the amount of the fair cost estimate of restoration, including administrative expenses, should the City or a contractor hired by the City be required for any reason to complete restoration. The cash deposit or other securities may be used by the City in lieu of or in addition to remedies against the permittee for failure to comply with conditions of the permit and/or the provisions of this Chapter and Chapter 12.04.
Street Conditions/Removal of Obstructions. All earth, rock, stones and other substances which have or may accumulate in any accepted or open street of the city, by caving, falling, crumbling or sliding from land abutting upon the street shall immediately be removed at the cost of the owner of the abutting land. An employee of the Public Works, Planning or Police Departments may [shall?] give notice to remove obstructions to the owner by personal service, by leaving a copy of the notice at the usual place of abode of such owner with a person of suitable age and discretion residing therein, by posting a copy of the notice on the premises or by publishing notice for one day in the official city newspaper. If the owner of the premises fails to remove the obstruction within three days after such notice, the Public Works Director may cause such obstruction to be removed, and the owner shall be liable to the City for the cost of all work performed, including administrative overhead. [Bob, this is a rewrite of sections 12.08.010 -030–please review]
Speed limits.
[We need to amend Chapter 10.28 regarding speed limits. I understand from Kit that the 30 and 40 mph speeds may be wrong. Also, we need a general statement that the speed limit in the City will be 25 mph unless otherwise posted, consistent with RCW 46.61.400].
