Chapter 12.02
CONSTRUCTION AND DEVELOPMENT STANDARDS*

Sections:

12.02.010    Construction and development standards.

12.02.015    Conduit standards.

12.02.020    Compliance.

12.02.030    Stormwater design manual adoption.

*    Prior ordinance history: Ords. 84-34, 88-01, 89-21, 90-11 and 90-17.

12.02.010 Construction and development standards.

A.    The city engineer shall administratively adopt design and construction standards that shall apply to all new construction or reconstruction. At a minimum, the city engineer shall adopt the latest edition of the following:

1.    City of Poulsbo Standards and Specifications, published by the city of Poulsbo;

2.    Recommended Guidelines for Subdivision Streets, published by the Institute of Traffic Engineers;

3.    Criteria for Sewage Works Design, published by the Washington State Department of Ecology;

4.    The Low Impact Development Guidance Manual, a Practical Guide to LID Implementation in Kitsap County, published by the Kitsap Home Builders Foundation;

5.    Design Manual, published by the Washington State Department of Transportation;

6.    Standard Specifications for Road, Bridge, and Municipal Construction, published by the Washington State Department of Transportation;

7.    Standard Specifications for Municipal Public Works Construction, published by the American Public Works Association;

8.    AWWA Standards, published by the American Water Works Association.

B.    The city engineer’s adoption and amendment of a list of applicable design and construction standards shall be in writing and shall be filed in the office of the city engineer. All such design and construction standards shall be either professionally or nationally recognized or shall have been previously adopted by the city of Poulsbo. The city engineer shall amend the list of standards adopted as needed to reflect the issuance of updated standards and to ensure that the standards used by the city of Poulsbo are the most current and the best suited to serve the public interest.

C.    In the case of any conflict between the standards adopted by the city engineer pursuant to subsection A of this section, the more restrictive standard shall apply as determined by the city engineer.

D.    All construction and reconstruction shall comply with the standards identified in subsection A of this section, unless variations or exemption to these requirements have been specifically approved by the city council. Variations or exemptions shall be granted only if the council finds that the variation or exemption results in a development which substantially complies with the purposes of the city’s adopted development standards and poses no significant risk to the public health, safety and welfare.

E.    The standards that are identified in this section are not to be construed as limiting the authority of the city of Poulsbo and its officials granted by any other ordinance, statutory provision or other law. The city of Poulsbo and its officials retain the authority to apply any design or construction standards not adopted by the city engineer if otherwise authorized to do so. (Ord. 2010-04 § 1, 2010; Ord. 96-08 § 1, 1996)

12.02.015 Conduit standards.

A.    Legislative Findings. The Poulsbo city council finds that:

1.    Demand for access to high-speed telecommunications services is growing. In order to fill such demand, telecommunications service providers install telecommunication lines in public rights-of-way.

2.    In other jurisdictions, the demand for access and the number of telecommunications service providers has sometimes resulted in multiple, serial excavations within the public rights-of-way. Each such excavation can and does result in traffic disruption, a weakening of pavement integrity, and a shortening of the useful life of paved surfaces.

3.    The city of Poulsbo has not experienced a high demand for use of the public rights-of-way by telecommunications service providers, but in order to responsibly manage its public rights-of-way the city should anticipate such demand in the future and plan accordingly.

4.    Requiring that conduit be installed in newly constructed public streets and rights-of-way in order to accommodate the anticipated future demand for access to telecommunications services will assist the city in responsibly managing its public rights-of-way by:

a.    Reducing or eliminating the need for excavation within public streets and rights-of-way when telecommunications service providers seek to locate underground telecommunications facilities within such streets and rights-of-way in the future;

b.    Reduce or eliminate the traffic disruption that occurs whenever excavation occurs within streets and public rights-of-way;

c.    Reduce or eliminate the loss of pavement integrity and diminishment of the useful life of pavement that occurs whenever paved streets and rights-of-way are cut and excavated within; and

d.    Meet the needs and desires of the public for access to high-speed telecommunications services and the needs and desires of telecommunications service providers to locate within the public streets and rights-of-way.

5.    In residential areas, anticipated demand for the reasonable future can likely be met by the capacity provided by two telecommunication lines. In non-residential areas, anticipated demand is higher, but can likely be met for the reasonable future by the capacity provided by four telecommunication lines. Requiring the installation of conduit and other facilities necessary to support these lines will allow anticipated needs to be met while allowing the city to responsibly manage its rights-of-way.

B.    Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers desiring to deploy communication lines in the future to do so by pulling the same through the conduit and appurtenances installed pursuant to this section and without excavating within the right-of-way. This section is not intended to require telecommunications service providers to install additional ducts or conduit pursuant the provisions of RCW 35.99.070, but is intended to require those constructing public streets, including the city and private developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications needs within public streets and rights-of-way without further excavation or disturbance.

C.    Requirements—Adoption of Standards. Whenever any new public street is constructed, whether by the city as a public works project or by a private party in conjunction with development, the following shall be required:

1.    In all new local access public streets serving or abutting residential development, a conduit of a sufficient diameter and containing interducts of sufficient number and diameter to accommodate a minimum of two telecommunication lines shall be installed by the party constructing the street.

2.    In all new collector or arterial public streets serving or abutting residential development, and in all new public streets serving or abutting nonresidential development, a conduit of a sufficient diameter and containing interducts of sufficient number and diameter to accommodate a minimum of four telecommunication lines shall be installed by the party constructing the street.

3.    In addition to installing conduit, the party constructing the street will be required to install such vaults and other appurtenances as may be necessary to accommodate installation and connection of telecommunication lines within the conduit.

4.    All construction and installation shall be accomplished according to construction standards adopted by the city engineer. The construction standards shall be adopted with due consideration given to existing and anticipated technologies and industry standards. The construction standards shall specify the minimum diameter of the conduit and interducts and the minimum number of interducts to meet the requirements of this section.

5.    All conduit and appurtenances installed by private parties pursuant to this section shall be conveyed and dedicated to the city with the dedication and conveyance of the public street and/or right-of-way.

6.    Any and all installation costs shall be the responsibility of the party constructing the public street.

D.    Use by Telecommunications Service Providers. Whenever conduit installed or to be installed under this section is available or will become available within a newly constructed public streets or right-of-way upon dedication, all telecommunications service providers thereafter locating telecommunication lines within such street or right-of-way shall be required to locate their communication lines within such conduit unless it can be demonstrated to the reasonable satisfaction of the city engineer that such location is not technologically feasible or reasonably practicable. Conduit capacity shall be allocated to telecommunications service providers on a first-come, first-served basis; provided, that the city may reserve capacity within such conduits for its own use; and provided further, that the city engineer may adopt additional rules for conduit allocation in order to ensure that all telecommunications service providers have reasonable access to the city’s rights-of-way and that no barriers to entry or competition result from the allocation of conduit space.

E.    Fees. The city reserves the right to charge reasonable fees for the use of conduit installed pursuant to this section, to the extent consistent with and as limited by federal and state laws and regulations. Any such fees shall be established by resolution or ordinance. (Ord. 2003-25 § 1, 2003)

12.02.020 Compliance.

All new construction or reconstruction shall comply with these standards, unless a variation or exemption to these requirements is specifically recommended in writing by the responsible city official and approved by the city council. Construction of or other adequate provision for such infrastructures, such as agreement to participate in an LID, is a prerequisite to the development, construction or reconstruction of any property, whether by building permit, subdivision or other form of development approval. (Ord. 93-32 § 1, 1993: Ord. 91-01 § 2 (part), 1991)

12.02.030 Stormwater design manual adoption.

The city of Poulsbo hereby adopts the following stormwater design and guidance manuals for all new development, redevelopment and construction projects within the city of Poulsbo subject to the minimum requirements, technical thresholds and definitions contained within the manuals as adopted in this section:

A.    The Stormwater Management Manual for Western Washington (SWMMWW) published by Department of Ecology, and as amended in 2014.

B.    Low Impact Development: Technical Guidance Manual for Puget Sound, December 2012.

C.    The Washington State Department of Transportation Highway Runoff Manual, as determined by the Washington State Department of Ecology to be equivalent to the 2014 Department of Ecology Stormwater Management Manual for Western Washington, may be used when required by state or federal funding requirements. (Ord. 2016-20 § 2 (Att. A (part)), 2016: Ord. 2010-02 § 1 (part), 2010)