Chapter 12.04
TRANSPORTATION AND
RIGHTS-OF-WAY IMPROVEMENT STANDARDS

Sections:

Article I. General Provisions

12.04.010    Intent – Findings.

12.04.020    Purpose – Authority.

12.04.030    Definitions.

12.04.040    Engineering design standards manual adopted – Purpose – Administration.

12.04.050    Gateway plan incorporated by reference.

12.04.055    Transportation functional plan incorporated by reference.

12.04.060    Tiering – Expenditure of public funds.

Article II. Permit Processing and Administration

12.04.070    Street development permit required – Revocation – Expiration.

12.04.075    Private uses in the right-of-way.

12.04.080    Applicant submittal and contents – Permit issuance.

12.04.090    Preparation of plans and specifications – Surveys and engineering.

12.04.100    Inspection – Fees – Deposit required.

12.04.110    Construction and maintenance bonds.

12.04.120    Acceptance of improvements.

Article III. Standards and Improvement Requirements

12.04.130    General right-of-way improvement and construction requirements.

12.04.140    Implementation of general requirements.

12.04.150    Cutting significant trees and vegetation.

12.04.160    Waiver/modification of the required right-of-way and transportation improvement standards.

12.04.170    Variances.

Article IV. Liability, Violations and Appeals

12.04.180    Property damage responsibility.

12.04.190    Liability of city.

12.04.200    Interpretations.

12.04.210    Violations, enforcement and penalties.

12.04.220    Appeals.

Article I. General Provisions

12.04.010 Intent – Findings.

A. In accordance with the Growth Management Act (GMA) (Chapter 36.70A RCW), the Port Townsend Comprehensive Plan seeks to ensure that appropriate public services and facilities, including transportation facilities, are provided concurrently with development. It is hereby found that the provisions of this title are necessary to implement the Port Townsend Comprehensive Plan.

B. It is further found that the Port Townsend Comprehensive Plan sets forth the following policy direction and that the provisions of this title are necessary to implement the goals and policies of the comprehensive plan: (1) allow relatively narrow local access streets so as to meet the goals of preserving the small town character of Port Townsend, lowering construction and maintenance costs and reducing impervious surfaces, while at the same time assuring that local access streets are safe and have adequate pedestrian and bicycle facilities; (2) adopt standards for local access streets that strike a balance between initial expense and long-term operations and maintenance costs; and (3) promote nonmotorized travel and create an integrated network of bicycle and pedestrian pathways that provide incentives to walk or bicycle across town.

C. It is further found that the acquisition, construction, and improvement of streets and other transportation facilities to serve new developments in the city of Port Townsend imposes a major burden upon city taxpayers; that as an urban growth area, the city expects to experience an increasing intensity of land use and population growth which creates an increased demand for city transportation system services; that existing and projected city funds are inadequate to meet future projected transportation needs; that a failure to ensure that adequate transportation system improvements are made as traffic and street usage increases will cause safety problems, impede commerce and interfere with the comfort and repose of the public; and that alternative methods of travel, including a nonmotorized transportation network, provision for public transit, transportation demand management and other similar improvements are necessary to reduce the demands on and the costs of maintaining the street network.

D. It is further found that the city has the authority under existing law to condition development and require right-of-way and transportation system improvements where reasonably necessary to mitigate the direct impacts of a proposed development or use, and that it is appropriate and desirable to set out standards for development in this title and in an adopted engineering design standards manual.

E. It is further found that it may not be in the best interest of the public to improve all currently platted streets. Therefore, certain rights-of-way may be designated by the city for bicycle- and pedestrian-only connections, public access to vistas and shorelines, stormwater facilities, traffic calming, utility easements, and other uses; provided, however, that this policy shall not be construed as preventing the opening of rights-of-way so as to deprive property owners of reasonable access to their property.

F. It is further found and declared that the regulations contained in this title are necessary to ensure that public health, safety and welfare will be preserved by having an adequate transportation system serving new and existing development by requiring that all development mitigate transportation impacts, which may include constructing improvements, that have been identified as a consequence of a proposed development or use; to provide for the equitable sharing of private improvement costs; to promote the orderly and economic development of the city-maintained transportation network, and to otherwise protect the public health, safety and welfare. (Ord. 2578 § 1, 1997).

12.04.020 Purpose – Authority.

The purpose of this title is to establish:

A. The authority of the city to require any person (1) applying for a building permit or other development permit required under PTMC Titles 16, 17 or 18, (2) seeking to temporarily use a public right-of-way for vehicle access, (3) seeking to open, develop or improve any right-of-way or easement for bicycle or vehicular traffic, or (4) proposing other transportation-related improvements within the right-of-way, to apply for and receive a street development utility permit as a prerequisite to development, to comply with the terms and conditions of such permit, and to conform to the requirements of the engineering design standards manual;

B. Predictable, clear, uniform and consistent procedures and permitting requirements that apply to all developments for the provision of safe and adequate access;

C. Criteria which will be used to determine the nature, extent and location of required right-of-way and transportation system improvements;

D. A procedure for the public works director to grant, on a case-by-case basis, a waiver or modification of, or variance from, the requirements of this chapter. This authority is based on a recognition that variances from the required standards may be necessary or appropriate in certain cases, and that where a proposed deviation from certain engineering design standards is minor or appropriate, it is desirable to give the public works director the discretion to waive or modify technical compliance with such standards; and

E. The authority of the public works director to impose conditions upon development to mitigate the problems caused by a particular development or use. The basis for this authority comes from the following statutes: Article XI, § 11 of the State Constitution; PTMC Title 18 and Chapter 58.17 RCW (Subdivisions), Chapter 19.04 PTMC and Chapter 43.21C RCW (SEPA), Chapter 19.05 PTMC (ESA ordinance), RCW 35A.63.100 and 35A.47.020, the International Fire Code (adopted in PTMC Title 16), and all other applicable federal, state, and local laws. Mitigation measures made a condition of development under the authority of this chapter are not intended to be, and shall not be construed as, transportation impact fees under RCW 82.02.020. (Ord. 2867 § 2, 2004; Ord. 2578 § 1, 1997).

12.04.030 Definitions.

A. General. The words used in this title shall have the meaning given in this section. This section on definitions is supplemented by the engineering design standards manual. The definition of any words or phrases not listed in this section or the engineering design standards manual which is in question when administering this title shall be defined from one of the following sources, which shall be used by finding the desired definition from source number one; if not available there, then source number two may be used, and so on. The sources are as follows:

1. Any city of Port Townsend resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master plan or program or other formally adopted land use plan;

2. Any statute or regulation of the state of Washington;

3. Legal definitions from Washington common law or a law dictionary;

4. The common dictionary.

B. Specific Definitions.

“Abutting property” includes all property that fronts upon the margin of any street, right-of-way, alley or other public place.

“ADA” means the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. Section 12101, et seq.

“Adjacent to,” for the purposes of Chapter 12.26 PTMC, generally means abutting, but in limited circumstances (such as in the case of arterials or collector streets) may include lots which are situated nearby, or close to, the improvements.

“Alley” means a public thoroughfare or way having a width of not more than 20 feet which normally affords only a secondary means of access to properties.

“Annual capacity statement,” for the purposes of Chapter 12.06 PTMC, means the statement issued by the city each year indicating the available capacity of the transportation facilities or services covered by transportation concurrency management.

“Approved street” means a public right-of-way accepted and approved, in writing, by the public works director to be fully developed to city street standards or any permitted variation.

“Approved traffic study,” for the purposes of Chapter 12.06 PTMC, means a study to estimate and assess traffic demand patterns and quantities and to identify mitigation measures needed to meet transportation LOS standards, based on the type and size of a proposed development. An approved traffic study may be required by the city as part of a complete application.

“Benefit area” means that area which includes parcels of real estate adjacent to the improvements that would require similar street improvements as a condition of development.

“Bicycle lane” means a clearly marked lane of travel for bicycles on the side of a street or roadway, separated from the automobile lanes by painted strips, curbs or buttons.

“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. Specific types of bikeways are defined in the engineering design standards manual.

“Capital facilities and utilities element” means the element of the Port Townsend Comprehensive Plan which evaluates the need for public facilities as identified in the comprehensive plan elements and as defined in the applicable definition of each public facility, which estimates the cost of improvements, which analyzes the fiscal capability of the local government to finance and construct improvements, which adopts financial policies to guide the funding of improvements, and which schedules the funding and construction of improvements in a manner necessary to ensure that capital improvements are provided when required based on the needs identified in the comprehensive plan.

“Certificate of transportation concurrency,” for the purposes of Chapter 12.06 PTMC, means the official written statement issued by the city which documents transportation concurrency approval for a development application.

“Change in use” means a change from one permitted use in the city’s zoning code to another permitted use in the city’s zoning code.

“City block” means one city block of approximately 260 feet or less.

“City street standards” means those standards for right-of-way and transportation system construction and improvement set forth in this chapter and in the city of Port Townsend “Engineering Design Standards Manual,” adopted by reference in PTMC 12.04.040, together with any other requirements for streets provided by other ordinances of the city.

“Complete application” means the application form and all accompanying documents, fees and exhibits required of an applicant by the city for development review purposes, and determined in writing by the city to be sufficient under PTMC 20.01.110.

“Concurrency,” for the purposes of Chapter 12.06 PTMC, means the provision for assuring that transportation improvements or strategies to accommodate the impacts of development are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies so that the level of service for transportation facilities does not fall below the level of service standards adopted by the comprehensive plan due to the impacts of new development. Road and highway improvements are to be provided within a maximum of six years.

“Concurrency approval,” for the purposes of Chapter 12.06 PTMC, means the official determination by the city that a proposed development will not result in the reduction of the level of service below the standards set forth in the Port Townsend Comprehensive Plan for transportation facilities and services. Concurrency approval will be documented in writing by a certificate of concurrency.

“Concurrency determination,” for the purposes of Chapter 12.06 PTMC, means a technical study of the impacts on the applicable transportation facilities or services, including forecasted level of service of a proposed land use development using current data and analytical techniques. A comprehensive facility study (e.g., approved traffic study) may be required of the applicant, based on the requirements of Chapter 12.06 PTMC.

“Concurrency facilities” means transportation facilities for which concurrency is required in accordance with the provisions of Chapter 12.06 PTMC. These are city-owned roads, highways, and transportation facilities.

“Concurrency management system” means the procedures, forms and processes used by the city to evaluate proposed development for compliance with the requirements of Chapter 12.06 PTMC.

“Conditions of approval” means, as they apply to concurrency evaluation, those conditions necessary to ensure that the proposed development will not cause the transportation level of service to fall below the standards adopted in the comprehensive plan. The conditions of approval shall be binding upon the approval of any permit application for which Chapter 12.06 PTMC is applicable.

“Cost of construction,” for the purposes of Chapter 12.26 PTMC, means the cost for design, engineering, permitting, surveying, inspection, labor, materials and installation necessary to construct or improve a street project which complies with city standards. If there is a disagreement between the city and the developer about the “cost of construction” in a particular situation, the determination of the public works director shall be final.

“Cul-de-sac” means a short street having one end open to traffic and being terminated at the other end by a vehicular turnaround.

“Dedication” means conveyance of land to the city for street purposes by deed or some other instrument of conveyance or by dedication on a duly filed and recorded plat or short plat.

“Developer” means any person, including his/her authorized representative, proposing to engage or engaging in development of a parcel.

“Developer reimbursement charge,” for the purposes of Chapter 12.26 PTMC, means a reimbursement share to be paid by an owner of property who did not contribute to the original cost of improvements covered by a latecomer agreement, based on the benefit to the property from the street project. The term “developer reimbursement charge” may be used interchangeably with the terms “street latecomer charge” or “street latecomer fee.”

“Development” means (1) construction of a new dwelling unit, mixed use center, commercial or manufacturing establishment, or other new structure on a vacant lot or parcel; or (2) a redevelopment or change in the intensity of the use of an existing structure that creates an appreciable impact on existing infrastructure.

“Development permit” means any land use or environmental permit or license required from the city for a project action, including but not limited to subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by the critical area ordinance (Chapter 19.05 PTMC), and site-specific rezones authorized by the Port Townsend Comprehensive Plan or sub-area plan.

“DSD director” means the director of the development services department, or his or her designee.

“Director” means the public works director for the public works department of the city of Port Townsend, or his/her designee, and shall include, without limitation, the city engineer and the city development review engineer.

“Engineering design standards” shall mean the design and construction standards for all right-of-way and transportation system improvements contained in this title, PTMC Title 13 and the engineering design standards manual.

“Financial commitment,” for purposes of Chapter 12.06 PTMC, means any form of binding and enforceable financial obligation which is acceptable to the city, and provided utilizing a two-tiered approach to meeting obligations for transportation concurrency management. The first tier would be made up-front prior to project approval. The second tier would be made at the development approval level, when required improvements are accepted by the city. Applicability would depend on the circumstances for the project, providing the city with two financial commitment options which are flexible instead of one.

“Hammerhead turnaround” means an area at the end of a street that is designed to provide a fire apparatus turnaround area.

“Impact fee” means the payment of money for a proportional share of the cost of transportation facilities needed to serve new growth and development; imposed by the city upon the development as a condition of issuance of a development permit to mitigate the impacts of the development of facilities on the city, but not including any permit or application fee. Payment of impact fees does not ensure that concurrency has been met.

“Improvement method report” shall have the same meaning as defined in PTMC 18.12.090.

“Level of service” (“LOS”) standards are qualitative measures describing both the operational conditions within a traffic stream and the perception of these conditions by motorists and/or passengers, as further described in the city arterial street plan. Each level of service describes these conditions in objective terms, such as speed, travel time, or vehicle density (i.e., the number of vehicles per mile). The conditions are also qualitatively described in terms of a driver’s ability to change lanes, to safely make turns at intersections, and to choose his/her own travel speed. Level of service may also include a qualitative rating of how well other units of transportation, such as sidewalks, bikeways, walkways or transit routes, meet current or projected demand.

“Level of service (LOS)/transportation” means the relationship between vehicular traffic volumes, roadway capacity, design standards, road conditions, and definition of levels of service as specified in the Port Townsend Comprehensive Plan.

“Lot frontage” means the boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a private road, easement or access way. On an interior lot, it is the lot line abutting a street; or, on a pipestem (flag) lot, it is the interior lot line most parallel to and nearest the street from which access is obtained. On a corner lot the lot frontage shall be proposed by the property owner, subject to review and approval by the public works director.

“Lot, pipestem” is synonymous with “flag lot” and means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

“Maintenance” or “maintain,” for the purposes of Chapter 12.12 PTMC, means the removal and disposal of debris, litter, and vegetation, snow, ice, and mud which tends to impair use of the right-of-way for public purposes.

“Maintenance agreement” means a duly authorized agreement that requires private maintenance of a street.

“Nonmotorized” means bicycle, pedestrian or other form of travel not associated with a motor vehicle.

“Opened street” means a public right-of-way opened for use by motor vehicles which may or may not be fully developed to street standards. Opened streets may or may not be accepted or maintained by the city.

“Pathway” means a developed or undeveloped route separated from or adjacent to the street for pedestrian, bicycle and/or other nonmotorized travel.

“Peak hour,” for the purposes of Chapter 12.06 PTMC, means the time period of highest travel on the city’s arterial street system on an average weekday afternoon.

“Peak hour trips,” for the purposes of Chapter 12.06 PTMC, means the number of trips by land use type and land use size which are generated during peak hour as determined by the Trip Generation Manual of the Institute of Traffic Engineers (ITE), or other recognized data source.

“Peak hour volume to capacity ratio (V/C),” for the purposes of Chapter 12.06 PTMC, means the volume of actual or projected traffic as measured in number of vehicles per hour in the peak hour divided by the capacity of a roadway or several roadway segments as measured in number of vehicles per hour.

“Pedestrian” has its ordinary meaning and shall include motorized and nonmotorized wheelchairs.

“Person” means any person, firm, partnership, association, corporation, organization or entity of any kind.

“Property owner,” for the purposes of Chapter 12.26 PTMC, means the record owner, based on the records of the Jefferson County assessor, on the day the street latecomer agreement is signed by the parties.

“Reasonably funded,” for the purposes of Chapter 12.06 PTMC, means a project in the currently adopted six-year transportation improvement program (TIP) or other project in the capital facilities and utilities element of the comprehensive plan, for which funds are in hand, or the city is expected to have sufficient funds secured for construction within the six-year timeframe of the TIP.

“Right-of-way” means property acquired by or dedicated to the city and available for use in pedestrian, vehicular or other transportation modes. Right-of-way may or may not be accessible for public use, and may or may not contain an opened street.

“Right-of-way improvements” means the installation of all public facilities required to improve the streets to city street standards, including grading, pavement, utilities, curb and gutter, walkways, pathways, sidewalks, bicycle paths and lanes, storm 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.

1. “Improvement,” for the purposes of Chapter 12.12 PTMC, means all work to construct, reconstruct, and repair sidewalks, gutters and curbs along, and driveways across, sidewalks.

2. “Street improvements” subject to reimbursement under Chapter 12.26 PTMC may include the design, inspection, surveying, acquisition of right-of-way and/or easements, grading, construction, paving, installation of curbs, streets, gutters, storm drainage, sidewalks or bike lanes incorporated as part of the street improvements, street lighting, signs, planting strips, traffic controls, and other similar improvements as required by the street standards of the city. The term “street improvements” is used interchangeably with the term “street projects” in Chapter 12.26 PTMC.

“Roadway screenline,” for purposes of Chapter 12.06 PTMC, means an imaginary line bisecting a travel corridor to assess vehicle travel demand and capacity.

“Sidewalk” means any and all pedestrian structures or forms of improvements for pedestrians included in the space between the street and the margin, as defined by a curb or the edge of traveled road surface and the line where the public right-of-way meets the abutting property.

“Significant trees and vegetation” means all trees and vegetation, unless otherwise exempted, situated within opened or unopened public rights-of-way, as follows: (1) trees with a diameter of 12 inches or greater measured four feet from the ground; (2) trees with a diameter of six inches or greater measured four feet from the ground and identified in the engineering design standards manual as special landmark or unique species; or (3) any shrubs or other vegetation identified in the engineering design standards manual as landmark or unique species.

“Street” is intended to be broadly defined, and includes any street, highway, easement, 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. Specific street classifications are defined in the engineering design standards manual and are generally to be considered as follows:

1. “Local access street” means a public right-of-way used primarily to provide access to abutting residential properties, and includes any street not designated in the engineering design standards manual as a collector, minor arterial, or principal arterial street.

2. “Collector street” means a street that collects traffic from local streets and connects with minor and major arterials, and includes, but is not limited to, any street designated as a collector street in the engineering design standards manual.

3. “Minor arterial street” means a street with signals at important intersections and stop signs on the side streets and that collects and distributes traffic to and from collector streets, and includes, but is not limited to, any street designated as a minor arterial street in the engineering design standards manual.

4. “Principal arterial street” shall have the same meaning as “major arterial” in the comprehensive plan, and means a street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterials, and includes, but is not limited to, any street designated as a major arterial street in the engineering design standards manual. Direct access to a major arterial is usually restricted to intersecting streets or consolidated commercial or industrial entrances.

“Street development permit” means any permit required under the provisions of PTMC Titles 12, 13, 17 and 18 for work in the public right-of-way and is used interchangeably with the terms “street development and utility digging permit” and “street and utility development permit.” A street development permit includes a minor activities permit issued under PTMC 12.04.070.

“Street latecomer agreement” or “assessment reimbursement contract” means a written agreement, recorded in the Jefferson County auditor’s office, between the city, as approved by the city council and executed by the mayor, and one or more developers providing both for construction of street projects and for partial reimbursement to the developer by owner(s) of properties benefited by the improvements if such owner(s) develop the benefited property within the 15-year term of the agreement.

“Substandard street” means any street that does not meet the city’s engineering design standards and is not an approved street under this chapter.

“Tiers 1, 2, and 3” refer to the city’s infrastructure tiering strategy, which is designed to promote infill and discourage “leap frog” development, as further set forth in the Port Townsend Comprehensive Plan (see Chapter VII, pages VII-4 to VII-5). A map designating the various tiers in accordance with the comprehensive plan is attached as an exhibit to the engineering design standards manual.

“Transportation demand management” (“TDM”) refers to policies and public and private programs that manage the demand placed on transportation supply. TDM measures are frequently directed toward increasing the use of transit and car pools.

“Transportation improvement program (TIP)” means a subset of projects contained in the city’s capital improvement program. The TIP is a set of comprehensive street programs/projects which after a public hearing is annually adopted by the city council for the purpose of advancing plans for not less than six years as a guide for carrying out the coordinated transportation/street construction program. The six-year TIP contains a small group of capacity projects which will be considered reasonably funded for determining transportation concurrency and impact fees. The adoption of the six-year TIP identifies projects for which the city will actively pursue funds so as to implement the capacity component of the transportation improvement program as practicable with available resources.

“Transportation system” means the full range of infrastructure provided for all modes of travel, including motorized and nonmotorized travel.

“Volume to capacity ratio (V/C)” means the volume of actual or projected traffic as measured in vehicles per hour divided by the capacity of the roadway as measured in vehicles per hour.

“Walkway” includes any sidewalk, trail, pathway or other form of improvement designed and intended for use by pedestrians.

“Zoning map” is the official land use map which classifies all land within the city limits of Port Townsend with one of the land uses. (Ord. 2892 § 1, 2005; Ord. 2879 § 6.1, 2005; Ord. 2837 § 3(Exh. C § 3), 2003; Ord. 2578 § 1, 1997).

12.04.040 Engineering design standards manual adopted – Purpose – Administration.

A. Standards Adopted. The city engineering design and construction standards and specifications contained in the engineering design standards manual, as it now exists or is later amended, are hereby adopted, incorporated by reference, and made applicable to all right-of-way and transportation system improvements covered by this title; provided, however, that where an applicant for a building or street development permit has applied for and received written preapplication review prior to the effective date of this code (April 28, 1997), to the extent there is an inconsistency between the right-of-way improvements identified in the preapplication review and the engineering design standards manual, the requirements of the preapplication review shall apply if:

1. The applicant submits a complete application within 12 months from the date of the written preapplication review;

2. The application is in substantial conformance with the written assurances and requirements provided by the city at the conclusion of the preapplication review; and

3. All improvements are designed and installed in full conformance with the standards and criteria as provided by the city during or after the preapplication review.

B. Capital Facilities Tiering Map. The capital facilities tiering map attached as an exhibit to the engineering design standards manual is hereby adopted. The map is intended to implement the capital facilities tiering strategy pursuant to the capital facilities and utilities element of the Port Townsend Comprehensive Plan.

C. Purpose.

1. The purpose of the engineering design standards manual is to establish, in one comprehensive document, prescriptive and performance standards and procedures for infrastructure development. The manual updates and revises existing standards for the construction of right-of-way improvements in order to implement the Port Townsend Comprehensive Plan and to make the requirements for transportation system development more uniform, clear, consistent and predictable.

2. The public works director is authorized to make minor, technical changes to the engineering design standards manual without further city council approval or adoption, although such minor changes must still be forwarded to city council. Such changes shall be effective upon filing with the city clerk. Significant or substantive changes to the engineering design standards manual require approval by the city council, and are effective upon such approval. Changes to the capital facilities tiering map shall be considered substantive.

3. Copies of the engineering design standards manual and all revisions shall be maintained in the city clerk’s office, the DSD department, and the public works department for use and examination by the public, and shall be made available for purchase at City Hall.

D. To the extent a conflict exists between this title and the engineering design standards manual, the code shall prevail. (Ord. 2892 § 1, 2005; Ord. 2578 § 1, 1997).

12.04.050 Gateway plan incorporated by reference.

The Port Townsend Gateway development plan is incorporated by reference and adopted as a part of this title as policy direction for new development, redevelopment, and future improvements along SR 20/Sims Way, and prevails over any inconsistent standards in the engineering design standards manual. (Ord. 2578 § 1, 1997).

12.04.055 Transportation functional plan incorporated by reference.

The Port Townsend transportation functional plan is incorporated by reference and adopted as a part of this title as policy direction for guidance on long-term vehicular circulation issues that face the city. (Ord. 3054 § 2, 2011).

12.04.060 Tiering – Expenditure of public funds.

As set forth in the Port Townsend Comprehensive Plan, the city has adopted a tiering structure for the phasing or prioritizing of capital improvements in a manner designed to promote orderly growth and development and efficient use of city resources. Accordingly, if the location, nature, and/or timing of a proposed development necessitates the expenditure of public funds in excess of those currently available in the six-year CIP for the necessary right-of-way or transportation system improvements, and provision has not otherwise been made to meet the mitigation of direct traffic impact requirements as provided in this title, the city may refuse to approve or grant a permit for development pursuant to the concurrency requirements of the Growth Management Act. As an alternative, the city (1) will consider alternatives to the proposal so that the need for the improvements is lessened; (2) may provide the developer with the option of bearing the full cost of the required improvements; or (3) may consider the development for approval upon alternative arrangements for financing of the necessary improvements, such as no-protest LID covenants or latecomer agreements. (Ord. 2578 § 1, 1997).

Article II. Permit Processing and Administration

12.04.070 Street development permit required – Revocation – Expiration.

A. Director Authority. The public works director is designated to administer this title by granting or denying street development permit applications in accordance with its provisions.

B. Prerequisite to Development. Construction of the right-of-way and transportation improvements required by this chapter and the engineering design standards manual are prerequisite to, and condition of, further property development.

C. Permit Required. Unless authorized by other city regulations, no person shall clear, grade, disturb, construct, landscape, or make improvements within any right-of-way, or open for vehicular traffic (even temporarily) any city right-of-way, or use any right-of-way, without first obtaining a street development permit from the public works director as provided in this chapter.

A permit shall not be required of persons performing minor landscaping work in the right-of-way, so long as the work meets the standards of PTMC 12.04.075; provided, however, that no such person shall obtain any vested rights.

1. Minor Activities Permit. A short form “street development permit – minor activities” application may be submitted for right-of-way improvements related to construction of minor improvements (for example, sidewalks, new driveways, culverts, private utilities to a single house) which are associated with opened streets. If the director determines that for environmental, safety or other reasons a minor activities permit is inappropriate, a street development permit shall be required. Specific activities covered by the minor activities permit shall be as defined in the engineering design standards manual.

D. Revocation. The permit granted may be revoked by the public works director without prior notice for failure to comply with any provision of the Port Townsend Municipal Code or violation of any condition imposed on the permit.

E. Expiration.

1. All street development permits not tied to a building permit shall expire unless the work is completed within 12 months after issuance of the permit unless earlier revoked; provided, however, that a written request for an extension may be made prior to expiration upon a showing to the public works director that justifiable delays or unanticipated events beyond the control of the applicant have or will preclude timely commencement or completion of the work. 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. Only one extension may be granted under this section.

2. All street development permits tied to a building permit shall remain valid so long as the building permit remains active with the building department, as shown in the building department files. In the event the building permit becomes inactive as further set forth in the International Building Code and PTMC Title 16, the street development permit shall automatically expire.

3. Notwithstanding subsections (E)(1) and (2) of this section, the construction of infrastructure improvements required for subdivisions under PTMC Title 18 (Land Division) may, at the discretion of the director, be phased during the statutory five-year period for final plat approval. Where the city approves a final plat prior to completion of all rights-of-way or street improvements, the construction shall occur in accordance with all requirements of any approved improvement method report. In such case the street development permit shall expire unless the work is completed in accordance with the conditions of subdivision approval, the requirements of the approved improvement method report, and/or as set forth in the street development permit itself.

F. 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.

G. City Exemptions. All maintenance work performed by or under the direction of the public works department is exempt from the permit requirements of this chapter. In the case of construction work performed by or under the direction of the public works department, preparation of drawings by the director or signing of a public construction contract shall constitute compliance with the permit requirements of this section. (Ord. 3057 § 1 (Exh. A), 2012; Ord. 2867 § 2, 2004; Ord. 2578 § 1, 1997).

12.04.075 Private uses in the right-of-way.

The city of Port Townsend encourages minor landscaping and planting of trees along public streets and in unopened rights-of-way. A property owner may perform minor landscaping in the right-of-way abutting the owner’s property, without need for a permit, subject to and so long as the landscaping conforms to and meets the requirements, standards and conditions of this section. A property owner may plant trees along public streets and in unopened rights-of-way, upon obtaining a permit, subject to and so long as the planting conforms to and meets the requirements, standards and conditions of this section.

The city prohibits, with limited exceptions provided for in this section, private structures in the rights-of-way (including, but not limited to, fences, sheds, garages, storage containers, propane tanks, wood piles), whether on a temporary or permanent basis.

A. Structures in the Right-of-Way.

1. Unless authorized by other city regulations (for example, special use permit, temporary fence), it is prohibited to locate private structures in the rights-of-way (including, but not limited to, fences, sheds, garages, storage containers, propane tanks, wood piles, private no parking signs, etc.), whether on a temporary or permanent basis.

Exception: Mailboxes or house numbering are allowed uses of the right-of-way, and do not require a permit. They must be located as determined appropriate by the public works director based on due regard for safety and parking.

2. If a structure appears to have been inadvertently located in the right-of-way many years ago, the city manager, in consultation with the public works director, is authorized to enter into a temporary use agreement to allow the structure to remain until the property redevelops, and subject to such conditions as the city manager determines are appropriate.

“Until the property redevelops” means at a minimum where costs of improvements exceed 50 percent of the assessed value of the structures on the property over a five-year period.

For example, a corner of a garage, built decades ago, encroaches into the right-of-way by a foot (apparently as a result of an inaccurate survey or having been located without survey). The city manager may enter into a use agreement to allow the garage to remain, until such time at the property redevelops. Nothing would prevent the garage from being maintained. If the cost of new development or additions on the property exceeds 50 percent of the assessed value of the structures on the property over a five-year period, the garage encroachment would be required to be removed.

This authority is limited to substantial structures (garages, buildings), and does not extend to allowing use agreements for fences, propane tanks, woodpiles, sheds, and the like.

B. Temporary Fences in the Right-of-Way.

1. The public works director is authorized to permit temporary fencing in the right-of-way.

2. Temporary fencing would be for the purpose of protecting plantings in the right-of-way, for example, against animals (dogs, deer), or pursuant to a construction permit. It is not for the purpose of providing privacy.

3. Any temporary fencing must meet the following requirements and standards:

a. Temporary fencing requires a permit issued by the public works department.

b. Temporary fencing shall not interfere with parking or sight lines, and shall not significantly interfere with pedestrian access.

c. Temporary fencing cannot use permanent features, for example, posts set in concrete.

d. Temporary fencing is limited in duration. The public works director is directed to set terms and conditions to ensure that fencing is temporary.

C. Minor Landscaping in the Right-of-Way – No Permit Required. The graphic at the end of this section entitled “Residential Street Use Graphic” illustrates some of the features of allowed minor landscaping in the right-of-way.

1. No Permit for Minor Landscaping. Minor landscaping is allowed in the right-of-way immediately adjacent to an owner’s property, without a permit, subject to the requirements, standards and conditions of this section.

Landscaping may be allowed beyond that which is allowed in this section through a departure as provided in subsection F of this section. Landscaping that includes planting a tree or trees is subject to subsection D of this section, Planting Trees in the Right-of-Way – Permit Required, and requires a no-fee permit.

2. Minor Landscaping. “Minor landscaping” is landscaping that meets the following standards:

a. Does not interfere with street-side parking or pedestrian traffic within eight feet of the edge of any street. In this area, only grass or similar ground cover is appropriate.

b. Does not interfere with sight lines at intersections, or otherwise present a hazard.

c. Softens the streetscape and beautifies the planting strip or area between the street and property line (or sidewalk or curb and property line).

d. Generally consists of low plantings, and does not serve as a screen to prevent passersby from viewing structures on private property. Plantings or features that do not meet this standard would have the effect of privatizing the public space. See graphic at end of section for illustration. (Owners who desire privacy would erect fencing or plant landscaping on private property and not in the right-of-way.)

e. Does not consist of plantings or features that form a fence or solid hedge or screen. Plantings and features must generally be spaced and provide an open look. Such plantings or features that do not meet this standard would have the effect of privatizing the public space.

f. May consist of landscape features (wood, rocks) that are consistent with these standards.

3. The following descriptions are not requirements but are intended as defining landscaping and features that would fit within the definition of “minor landscaping.” It is not required that these descriptions be adhered to in each and every instance. However, if they are adhered to, they are a “safe harbor” so the owner knows that he or she is in compliance with city requirements:

a. Does not exceed, and is maintained not to exceed, three feet in height, except within 10 feet of an intersection or a driveway, where it shall not exceed (and is maintained not to exceed) two feet in height. Heights are measured from original grade (and not from the addition of any material).

Exception: To allow for some variation in height, for every 25 feet of frontage, minor landscaping may extend up to five feet in height for a distance not to exceed five feet in width. This exception does not apply to the area within 10 feet of an intersection.

b. Does not interfere with parking next to a developed street. Landscaping shall be located at least eight feet back from the edge of the developed street to allow this area to be used for parking. The parking area may be planted with low grass or ground cover, so long as the plantings do not interfere with parking.

c. Does not create or have the effect of creating a private enclosed area, screen, wall or hedge. Landscaping that is at least 50 percent open (viewed from above and from a cross-section) is considered not to create a private enclosed area, screen, wall or hedge. See graphic at end of section for illustration.

d. May include minor features, such as timbers, rocks, railroad ties, subject to the height and enclosed area limitations above.

e. Does not include trees, except as allowed by permit approved pursuant to subsection D of this section, Planting Trees in the Right-of-Way – Permit Required.

f. Constructed Curb. If there is a constructed curb, all landscaping is located between the curb and the property line. The area that is within two feet of the curb should be low grass or ground cover so as provide a clearance for car door openings and entry to and exit from a parked vehicle.

g. Sidewalk. If there is a sidewalk (and no constructed curb), all landscaping is located between the sidewalk and the property line. Landscaping is located at least two feet back from the sidewalk, and should not overhang the sidewalk.

h. Planting Area If There Is No Constructed Curb or Sidewalk – Developed Street. If there is no constructed curb or sidewalk, then the area that may be landscaped is between the traveled way (street) and the property line, but not within or affecting any established pedestrian path, and (except for low grass or ground cover) not within eight feet of the street (to allow for parking).

i. Planting Area If There Is No Developed Street. If there is no developed street or other city improvements (for example, trail), minor landscaping may extend one-half the distance between the center line of the right-of-way and the property line.

j. Planting Strip (the Area between the Back of a Street Curb If There Is a Curb, or Street If There Is No Curb, and the Front or Edge of a Sidewalk Closest to a Street). A planting strip may be planted subject to the requirements of subsection (C)(2) of this section, Minor Landscaping, and the following:

i. The area that is within two feet of the curb should be low grass or ground cover so as provide a clearance for car door openings and entry to and exit from a parked vehicle.

ii. Closest part of any landscaping to sidewalk is one foot.

iii. If width of planting strip is three feet or less, then only low grass or ground cover is allowed (and, with public works department approval, trees).

iv. No raised beds or planting boxes may be installed in planting strips less than three feet wide.

v. Any raised bed shall not be more than 18 inches in height or more than 20 feet in length and shall be constructed to provide a minimum of three feet of unimpeded clearance at each end to provide pedestrian access between the sidewalk and curbside vehicles.

vi. Planting boxes cannot be made of creosote coated timbers.

vii. Trees may be planted with public works department approval.

4. Restrictions. Minor landscaping is further subject to the following standards and provisions:

a. Parking Area. No landscaping can interfere with parking next to a developed street. (See above for standards.)

b. Drainage, Utilities, and City Improvements. No landscaping can have the effect of adversely affecting any drainage, any public or private utility, or any city improvements.

D. Planting Trees in the Right-of-Way – Permit Required.

1. Permit Required. A property owner may plant a tree or trees in the right-of-way abutting the owner’s property if he or she first obtains a permit from the city public works department. There is no charge for the permit. The procedure allows the city public works department to review the type of tree and the planting location. The public works director may develop and maintain standards and policies that govern the issuance of permits, and develop requirements for permit applications.

2. Standards for Planting Trees in the Right-of-Way. Standards applied by the public works director for tree planting shall give due regard to the following criteria, both at the time of planting and into the future as the tree matures:

a. Trees should not be planted in a manner that creates a safety issue or problems with sight distances for vehicles.

b. Trees should not cause problems with utilities.

c. Trees should not cause substantial interference with views.

d. Trees should be planted with due regard to the size and shape of tree, and the topography location and surroundings, and the need for spacing between trees.

e. No trees or other vegetation shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity, except that trees may extend over the sidewalk when kept trimmed to a height of eight feet above the sidewalk, and 14 feet above a roadway.

3. City May Assume Ownership of Tree. The public works director may assume control and ownership of any tree planted pursuant to this section. This may be done for instance if the director determines that the trees provide a significant public amenity or that such ownership better assures the survivability of the tree. City ownership only occurs if the same is documented in a writing signed by the public works director.

4. Removal of Trees in the Right-of-Way – Permit Required. Any person who desires to prune or remove any tree or remove shrubs or other vegetation from the right-of-way (except for minor landscaping) shall first obtain a permit from the public works department. There is no charge for the permit, but the procedure allows the city public works department to review and determine the appropriateness of the pruning or removal. The public works director may develop and maintain standards and policies that govern the issuance of permits, and develop requirements for permit applications.

The requirements of this subsection do not apply to the removal of minor landscaping.

5. Standards for Tree Removal or Pruning. In reviewing a request to remove or prune a tree, the director shall give due regard to the following criteria:

a. Whether the tree is dead, diseased, dying or dangerous.

b. Whether the tree was a volunteer, was planted by an abutting owner, or was planted pursuant to a city program.

c. Whether the tree is of a type not suitable for the location. For example, a fir tree growing under or into power lines may be suitable for removal.

d. Whether the tree is a suitable for the location. For example, Lombardy poplars may not be suitable street trees.

e. Impact on surrounding properties and public spaces.

f. Whether removal improves the environment. For example, the director may approve thinning of trees, or (say) removal of small alders, if this improves the environment for remaining or other species.

Conditions that do not warrant pruning or removal:

Tree is perceived as too large or tall or obstructs views, or is perceived as making too much shade; provided, some limited pruning or removal may occur if overall canopy and coverage of trees is not substantially affected. For example, if there are a number of trees blocking a view, or a number of trees in the immediate vicinity, the director may authorize a limited removal of a few trees to allow some view enhancement.

6. Conditions. Removal may be on such conditions as the director deems reasonable, and may include:

a. Requirement that the removal be done by a licensed contractor.

b. Agreement and liability insurance insuring the city from claims which may arise from or be related to the removal (in amount and form acceptable to the city attorney).

c. Removal of stumps and roots and treating the remaining roots with a suitable compound to prevent future growth.

d. Agreement for replanting (see replanting requirements below).

7. Replanting Requirements. The following replanting requirements shall apply:

a. If the tree that is removed is dead, diseased, dying or dangerous: No replacement is required.

b. If the tree is not dead, diseased, dying or dangerous: Two trees for each tree removed. Replacement trees are subject to public works approval. Trees shall be three inches diameter measured 12 inches above natural ground level. The public works director may waive or reduce requirements based on lack of space, topography, location, type and size of tree removed, or whether removal improves the environment, or other similar factors. For example, the director may, without requiring replanting, approve removal of small alders if this improves the environment for remaining or other species.

c. Planting may be on such conditions as the director deems appropriate, and may include covenants on property that provide for maintenance, and replanting if the tree does not survival for five years.

E. Conditions – Abutting Owner Responsibility and Liability.

1. The owner or abutting owner means the owner of the abutting property, and the owner and/or any person, firm, or corporation occupying or having charge or control of the abutting property.

2. Any use of the right-of-way is subject to the following:

a. The use confers no permanent right of use or ownership of the right-of-way.

b. All use is at the owner’s risk and is subject to revocation and requirement by the city that the owner remove it. The city normally would provide a minimum of 30 days’ notice to the owner to remove any use (except in cases of hazard or emergency or flagrant violation, when other notice or no notice may apply). Removal may occur whether the city develops the right-of-way for other purposes. The city reserves the right to remove the use, and/or notify the owner that a failure to remove may be enforced through provisions in this chapter.

c. If city work (trail, street, utility, etc.) occurs in the areas of any use, there is no requirement to restore the use (for example, landscaping or temporary fencing). The city may restore the area to rough grading (not to pre-existing condition, and is not obligated to replace lost or damaged plants or materials).

d. Whenever any injury or damage to any person or property shall be caused by the use, the owner and/or any person, firm, or corporation occupying or having charge or control of the abutting property shall be liable to the city for all claims, damages or injuries, costs and disbursements which the city may be required to pay to the person injured or damaged, which sums shall include all costs and attorney’s fees incurred by the city in defense of any action, provided, the abutter shall have no liability in the event that the dangerous, defective or hazardous condition was caused, created or constructed by the city or its employees, and the condition created by the city hasn’t thereafter been changed by any act of the abutter.

e. If the city determines a hazard exists, the city may require removal or that the owner provide liability insurance insuring the city from claims which may arise from or be related to the condition (in amount and form acceptable to the city attorney).

f. The city may record a notice to title on the owner’s property notifying the public that the use occupies city right-of-way and is subject to the requirements, standards and conditions of this section.

F. Departures.

1. Authority to Grant Departures. The public works director shall have the authority, under limited circumstances, to grant a departure from the requirements of this section.

2. Application Requests. The person(s) seeking a departure shall prepare and submit an application to the city on forms provided by the city.

3. Public Works Director’s Decision. Within 30 days of receipt of a complete application, the public works director shall make a determination to grant the departure, grant the departure under certain delineated conditions, or to deny the departure. For good cause, the director may extend the time for determination.

4. Criteria. A departure may be from all or part of the requirements of this section, 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 purpose and intent of this section in the public interest, safety and welfare. In making a determination, the public works director may grant a departure only upon specific written findings of fact and conclusions showing that the following conditions exist:

a. The departure is reasonable based on circumstances relating to the size, shape, topography, location or surroundings of the subject property, or to provide it with uses permitted to other properties in the vicinity and in the zoning district in which the subject property is located; and

b. The granting of the departure will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which the subject property is located.

By way of illustration, a departure might be warranted:

i. To allow a retaining wall in the right-of-way if reasonably necessary to prevent erosion from interfering with or damaging the right-of-way.

ii. To allow a stairway to reach an existing structure above or below the grade of the right-of-way might be permitted if other nearby owners have similar stairways to reach structures on their properties.

By way of further illustration, it is not the intent of this section that a departure would allow an owner to landscape in the right-of-way beyond the minor landscaping standards simply because a neighbor’s property has extensive, longstanding, landscaping in the right-of-way. If this situation justified a departure, then no standards would apply because of the large number of such landscaping situations that have developed in the right-of-way over time.

For uses or structures that were established before April 21, 1997 (the date of adoption of the city’s zoning code that implemented the comprehensive plan adopted pursuant to requirements of the Growth Management Act), the council provides direction that the public works director would not prioritize any code enforcement for these uses, so long as the use or structure did not present a safety hazard, was removed if it interfered with city improvements, did not interfere with views from street ends, was not intensified, and was removed if the property redeveloped. Such uses or structures could receive normal maintenance and repair, but could not be re-constructed. Such uses or structures would be brought into conformance with city code upon a substantial redevelopment of the property.

It is not the intent of this section that the public works department seek out and/or abate long-standing conditions or situations that violate the standards in this section, so long as the use or structure did not present a safety hazard, was removed if it interfered with city improvements, did not interfere with views from street ends, was not intensified, and was removed if the property redeveloped. Subject to these limitations, long-standing landscaping or trees in the right-of-way would be allowed to remain.

5. The public works director’s decision shall be made by written findings and conclusions and is a Type I administrative decision (administrative without notice, no administrative appeal).

Residential Street Use Graphic

(Ord. 3057 § 1 (Exh. B), 2012).

12.04.080 Applicant submittal and contents – Permit issuance.

A. Technical Conference. Any developer or property owner may request a technical conference and written review with the public works department, upon payment of a fee as set forth by council resolution. Such conferences are strongly encouraged and may be required by the public works director when utilities are to be extended or new streets installed. The project requirements identified during the public works review shall remain valid for a period of one year from the date of the review, unless any changes which would materially impact the design of the right-of-way and transportation system improvements are made to the proposed development, in which case requirements related to those changes may be modified.

1. The technical conference allowed by this section is intended to be a separate process from the preapplication conference required by PTMC 20.01.090, and is not required for a determination of completeness under Chapter 20.01 PTMC.

B. Form of Application – Fees. Applications for street development permits shall be on a form provided by the city. No application shall be accepted for review unless accompanied by the nonrefundable application fee set forth by council resolution. The applicant shall follow the submittal and review procedures in the engineering design standards manual. Before an application will be accepted for review it must contain all information required by the manual, including:

1. The name of the owner or agent and mailing address, the street address or name of the premises to be developed, and the legal description of the premises to be developed;

2. The type of development proposed and the number of living units and/or the type of activity that will occur within the premises to be developed;

3. A site plan showing the proposed location of the right-of-way and transportation system improvements;

4. The design drawings and specifications of the right-of-way and transportation system improvements required under PTMC 12.04.090; and

5. Any other information deemed reasonably necessary by the director for action upon the application, or required by other provisions of this title, SEPA (Chapter 20.04 PTMC), Land Division (PTMC Title 18), the ESA ordinance (Chapter 19.05 PTMC), other city ordinances, and/or subdivision, PUD or other project approval conditions.

C. Complete Application Required. The city will not process any application unless and until the information required by subsection B of this section is substantially complete. The city may reject an application as incomplete within a reasonable time after the initial review, in which case the city shall return it to the applicant with an indication of the additional information needed to make the application complete.

D. The applicant shall agree to hold harmless and indemnify the city as specifically described on the face of each permit.

E. No permit may be assigned to any other person(s).

F. The permit holder shall be deemed to be the property owner or franchise owner in whose name the permit is issued.

G. Issuance in Violation Deemed Inoperative. Any street development permit or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for a revocation or nullification, and any work undertaken pursuant to any such permit or other authorization is unlawful. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2578 § 1, 1997).

12.04.090 Preparation of plans and specifications – Surveys and engineering.

A. Plans and Surveying Requirements. All applicants shall furnish design and construction plans and specifications for proposed right-of-way and transportation system improvements. All design and construction plans and specifications shall be prepared in accordance with the city’s engineering design standards manual. If base maps prepared by a licensed land surveyor are available, the design and construction plans shall be submitted on such maps. If base maps are unavailable and the public works director determines that a survey is necessary to adequately define the limits of the right-of-way for the purposes of transportation system construction and design, the applicant shall have the right-of-way surveyed by a licensed land surveyor and the plans shall be prepared and submitted on such surveyed base maps.

B. Engineering of Plans – Costs. All design and construction plans involving the construction of a new street, or the paving of an existing street, must be prepared, signed and stamped by a Washington State licensed civil engineer. Where paving is required, the engineering design shall be to the next intersection, even if the developer is required to pave only a portion of the street. All plans shall be prepared at the developer’s sole cost.

C. Approval by Director Required. All plans prepared or required under this subsection must be reviewed and approved by the director prior to proceeding with construction of the proposed improvements, and must comply with the requirement of the engineering design standards manual.

D. Reimbursement Under Chapter 12.26 PTMC. The costs of the surveying and engineering design may be included in the total project cost subject to partial reimbursement under a “street latecomer agreement” as further set forth in Chapter 12.26 PTMC. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2578 § 1, 1997).

12.04.100 Inspection – Fees – Deposit required.

A. All construction covered by this title must be inspected by the city. After the approval of the design and construction plans and prior to the issuance of the street development permit, the developer shall be required to pay a construction inspection fee in the amount set forth by council resolution. No inspection fee will be required for a minor activities permit. The street development permit will not be issued until the inspection fees have been deposited with the city treasurer. If, during the course of construction, the developer exceeds the two-hour allowance covered by the inspection fee, the developer will be billed for the time in excess of two hours, and no final public works sign-off shall be provided until all bills are paid.

B. The purpose of the city inspection is to verify that the improvements are installed in accordance with the project design and construction plans and specifications. The duties of the inspector, inspection procedures including requirements for preconstruction conferences, and the obligation of the developer to coordinate inspections with the city shall be followed in accordance with the procedures set forth in the engineering design standards manual. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2578 § 1, 1997).

12.04.110 Construction and maintenance bonds.

The public works director may require that the developer furnish the city with a performance bond, in which assurance is given that the required improvements will be installed as provided by the approved plans, and that the installed improvements will be free from material defects for a period of one year from the date of city final acceptance of the street improvements. Types of securities include a bond with a surety qualified to do bonding business in the state of Washington, a cash deposit or an assigned bank account. Any security posted with the city shall be in an amount equal to 120 percent of the estimated cost for the city to contract for construction or replacement of the improvements as determined by the public works director, and shall be for a period of one year from the date of final acceptance of the improvement by the city. (Ord. 2578 § 1, 1997).

12.04.120 Acceptance of improvements.

The city reserves the right to reject any installation not inspected by the public works department, or not installed per the plans and specifications or any modifications agreed to in writing by the city. As a condition of acceptance of the improvements by the city, the developer shall provide the city with: (1) a statement of the actual cost of design and construction of the street improvements; (2) a properly executed bill of sale or conveyance for all improvements; and (3) as-built drawings prepared in accordance with the engineering design standards manual. (Ord. 2578 § 1, 1997).

Article III. Standards and Improvement Requirements

12.04.130 General right-of-way improvement and construction requirements.

A. General Requirements.

1. Whenever new lots are proposed to be created, or previously undeveloped lots of record are proposed for development or improvement, or any type of development is proposed including a change of use, as a condition to further property development one or more of the following types of right-of-way improvements may be required to mitigate the direct impacts caused by the development or use:

a. Pavement;

b. Curb and gutter installation;

c. Walkway improvements;

d. Storm and street drainage;

e. Design of structures and/or grading to future right-of-way grade;

f. Pathways and bikeways;

g. Landscaping;

h. Driveways;

i. Street widening and turning lanes;

j. Street lighting/illumination;

k. Cul-de-sacs or hammerheads;

l. On-street parking;

m. Utilities;

n. Signs and/or other traffic control devices;

o. No-protest agreement(s);

p. Maintenance agreement(s);

q. Transit pull-outs or shelters.

2. Detailed requirements and standards for rights-of-way and transportation system improvements and development requirements are contained in the engineering design standards manual.

3. All improvements in the public right-of-way shall be constructed by a contractor or contractors duly licensed and bonded under the laws of Washington State.

4. Where reasonably necessary to mitigate the direct impacts of the proposed development and/or to meet safety requirements, off-site improvements (including, but not limited to, provision of drainage systems, fire access roads, paving and grading of streets, pedestrian and bicycle connections, street widening or turn lanes, traffic control signals, turnarounds and related utility improvements, and/or dedication of land or easements) may be required as a condition of permit approval under the authority of this chapter, other city ordinances, the International Fire Code, Chapter 58.17 RCW and PTMC Title 18 (Land Division), Chapter 43.21C RCW and Chapter 19.04 PTMC (SEPA), or as allowed by state law.

5. The regulations in this section are not intended to supersede or preclude the use of Chapter 19.04 PTMC, the Port Townsend environmental protection ordinance relating to SEPA, to mitigate significant 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 transportation system, including but not limited to the cumulative impacts of such development, or to meet safety standards where consistent with applicable SEPA policies and Chapter 197‑11 WAC.

6. The regulations in this section are not intended to supersede or preclude the enforcement of the provisions of Chapter 19.05 PTMC, the Port Townsend ordinance relating to critical areas. Review of development under this chapter and Chapter 19.05 PTMC shall be coordinated to ensure consistency.

7. The regulations in this section are not intended to supersede or preclude the enforcement of the provisions of the land division code, PTMC Title 18. To create uniformity of standards, it is the intent of this chapter to make the prescriptive standards in the engineering design standards manual applicable to subdivisions. In addition, approved subdivisions or existing plats with specific improvement requirements identified as conditions to the subdivision approval shall prevail over the right-of-way and transportation system standards set forth in this chapter and the engineering design standards manual, so long as street improvements are completed within five years of final plat approval or any extensions granted under PTMC Title 18.

8. The regulations in this section are not intended to supersede or preclude the enforcement of the provisions of the code relating to flood damage prevention and drainage improvement requirements, Chapter 16.08 PTMC.

9. All street development permits are subject to the erosion control, stormwater management and drainage plan requirements of Chapter 13.32 PTMC and the engineering design standards manual, which requirements may be included as conditions of street development permit approval. (Ord. 2867 § 2, 2004; Ord. 2578 § 1, 1997).

12.04.140 Implementation of general requirements.

A. Street Frontage Improvements. All development shall be required to make street frontage improvements on the parcels’ frontage. Such improvements may include, as further specified in the engineering design standards manual, stormwater improvements, curbs and gutters, water and sewer lines, utilities, traffic signals/signs, walkways, sidewalks, pathways, bike lanes, street trees, landscaping, street widening, and/or any other reasonably necessary improvements. Such frontage improvements shall generally include the full improvements identified in the engineering design standards manual for the type of street at issue for the side of the street abutting the lot frontage. In addition, any required grading and paving shall generally be required to extend the full width of the street, as determined by the minimum standards for the type of street set forth in the engineering design standards manual. Full improvements to both sides of the street can be required based on an individual analysis of whether such improvements are reasonably necessary to mitigate the direct impacts of development and/or meet safety concerns. The frontage improvement requirements set forth in this section may be waived if the criteria of PTMC 12.04.160 are met.

B. Minimum Right-of-Way Widths. The minimum right-of-way widths for streets and pathways shall be as specified in the engineering design standards manual.

C. Dedications/Easements. Person(s) developing property may be required to dedicate additional right-of-way or easements for public street and transportation systems to meet minimum right-of-way requirements, for public safety and compatibility with the area’s circulation system, and/or for nonmotorized pathway connections, when to do so is found to be reasonably necessary as a direct consequence of the proposed development or plat to which the dedication of land or easement is to apply.

D. Street Pavement.

1. Paving of New Streets and Connecting Unopened Streets. All unopened rights-of-way to serve a proposed development shall be graded and paved to and through the lot frontage from the nearest opened street as a condition of street development. Paving of connecting, unopened rights-of-way beyond the block on which the proposed development is located shall be required if, based on an individualized analysis, the director determines that such paving is reasonably necessary to ensure public safety (including but not limited to emergency vehicle access) and/or to mitigate the direct impacts of the development.

2. Upgrading or Paving of Opened, But Substandard Connecting Street(s). If the street to be opened and improved to serve the proposed development connects to a substandard street(s) and such substandard street(s) is the only connection to the street network, the director may require paving or upgrading of such connecting street(s). Whether such connecting street(s) must be upgraded or paved shall be based on an individualized analysis of whether such off-site improvements are reasonably necessary to ensure public safety (including but not limited to emergency vehicle access) and/or to mitigate the direct impacts of the development.

3. Paving and Upgrading of Existing Substandard Streets Abutting the Lot Frontage of the Development. Any street that does not meet the current design standards is considered a substandard street. If the proposed development is served by a substandard street abutting the lot frontage, and the proposed development creates the need for upgrading or paving the substandard street, the developer will be required to pay the full costs of upgrading or paving in order to mitigate the direct impacts of the proposed development and/or meet safety requirements.

E. Other Off-Site Improvements to Unopened or Substandard Streets. In addition to paving and grading, the director may require any and all off-site improvements, as further specified in the engineering design standards manual, reasonably necessary to mitigate the direct impacts of development and/or meet safety requirements.

F. The city reserves the right, in its sole discretion, to pay a portion or all of the costs of off-site improvements, including paving of streets, as determined on a case-by-case basis and to the extent funds are available.

G. 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, hammerhead or other vehicular turnaround in accordance with the engineering design standards manual.

H. Sight Obstruction. Pedestrian, vehicle and traffic control devices, and trees and shrubbery, shall be located and maintained to prevent sight obstruction as set forth in the engineering design standards manual.

I. Fire Access. If a lot does not have access for emergency vehicles from a street or private easement which meets the requirements or standards of the engineering design standards manual, such access shall be provided from the nearest existing opened street right-of-way. Any existing street must also meet these requirements, unless the public works director approves an alternative that provides adequate emergency vehicle access.

J. Driveways. All curb cuts, driveways or other points of access or egress to a street shall be located and conform to the specifications in the engineering design standards manual. Private driveways located in the public right-of-way may be approved in limited instances and require a street development permit or minor activities permit, depending on the circumstances.

K. Intersections – Sight Obstruction. The number of local access streets intersecting with principal and minor arterials shall be held to the minimum. Intersection geometrics shall be as specified in the engineering design standards manual. Sight obstruction and sight distance requirements shall be as specified in the manual.

L. Utilities. When utilities are installed in streets, trench backfill and street restoration shall be as specified in the engineering design standards manual and/or any applicable franchise agreement. Utilities such as telephone, power and cable television lines shall be placed underground where required in the engineering design standards manual.

M. Traffic Calming. Methods to calm traffic and provide for the safety of pedestrians and bicyclists on local access streets are encouraged as further described in the engineering design standards manual.

N. LID/RID No-Protest Agreements. Whenever the director (1) grants a waiver or modification of, or variance from, the engineering design standards, or (2) imposes a street development requirement that is less than the minimum standards based on an analysis of the particular project impacts, the director has full authority to require that the property owner(s) enter into a “no-protest agreement.” Where a property owner enters into a no-protest agreement with the city waiving the property owner’s right under Chapter 35.43 RCW et seq., to protest formation of a local improvement district (LID) or road improvement district (RID), 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 10 years. The agreement shall be a burden upon and run with the title to the property subject to the development application, and shall be binding upon all successors and owners of the property. 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.

O. Maintenance of Streets. The city has a program for maintenance of open and approved streets. In the case of rights-of-way which were privately developed, the city will not maintain such right-of-way unless the city has “accepted” the right-of-way as a public street. A street will not be deemed to be accepted unless it is an approved street, or unless the street is devoted to a general use by and for the convenience of public travel as opposed to a local access street predominantly used by the owners of abutting properties which was constructed to minimum street standards at the time of installation of the street. (Ord. 2578 § 1, 1997).

12.04.150 Cutting significant trees and vegetation.

Notwithstanding any other provision in this chapter, no significant trees or vegetation, as defined in PTMC 12.04.030 and the engineering design standards manual, shall be pruned, cut down or removed from any city right-of-way, except as follows:

A. Emergency. The restrictions on cutting or removing a significant tree do not apply where the tree presents a clear and present danger or is otherwise detrimental to the public health, safety and welfare as determined by the public works director. In the event that any such trees are cut or removed by a utility, such utility shall notify the city of doing so within 24 hours of the time of the removal.

B. Existing Developed Area. A significant tree in an existing developed right-of-way may be cut down or removed with the prior approval of the public works director, or pursuant to a street development permit, utility development permit, ESA permit, or other city permit. Such permits shall include identification of all significant trees or vegetation on the site. Where significant trees or vegetation are identified, the public works director may condition or mitigate any significant adverse impacts of development through SEPA, the ESA ordinance, or under the authority granted in the chapter.

C. Street Opening. Removal of the tree or vegetation cannot be avoided for the opening of the street and construction as set forth in the engineering design standards manual.

D. City Trimming/Pruning. This section shall not be construed to prevent the necessary trimming or pruning of significant trees by the city or under city permission or agreement for the purpose of protecting telephone, electrical or other aboveground utility wiring, for vehicle or other safety purposes or for the health of the trees. (Ord. 2578 § 1, 1997).

12.04.160 Waiver/modification of the required right-of-way and transportation improvement standards.

A. Authority to Grant Waiver/Modification. The provisions of this section are intended to be a separate and distinct procedure from the zoning code variance procedures. Waivers and/or modifications of the standards of this chapter and/or the engineering design standards manual may be granted only upon meeting the criteria of subsection B of this section. Waivers may be initiated by the city or the developer pursuant to subsection D of this section, or by the public works director on his or her own initiative.

B. Criteria. The public works director may waive or modify applicable requirements contained in this title and/or the engineering design standards manual for paving, curb and gutter installation, storm drainage, design of structures and/or grading to future right-of-way grade, signs or other traffic control devices, landscaping, walkways, bikeways, sidewalks, on-street parking, driveways, surveys, engineering, street widening, cul-de-sacs/hammerheads, and/or utilities, when it is determined that the waiver or modification will not harm or will be beneficial to the public in general and that one or more of the following conditions are met:

1. Location in an environmentally sensitive area as determined by Chapter 19.05 PTMC, disruption of existing drainage patterns, or removal of natural features such as significant trees or vegetation makes widening and/or improving the street or right-of-way impractical or undesirable.

2. The existence of a structure such as a substantial retaining wall makes widening the street or right-of-way impractical or undesirable.

3. Widening and/or improving the street or right-of-way would eliminate street access to an existing lot.

4. Widening and/or improving the street or right-of-way would make building on a lot infeasible by reducing it to dimensions where; (1) development standards cannot reasonably be met; or (2) under which the property owner will have no reasonable use of the property.

5. 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 unlikely.

6. Widening and/or improving the street or right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot (for example due to an inability to meet the required maximum driveway slope).

7. Widening, paving or street frontage improvements are unnecessary because (1) the street is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development, or (2) the development is on a street that is already developed at or near its zoned capacity and the improvements would provide little public benefit.

8. The specific design of the future street is currently unknown, making immediate improvement impractical and undesirable.

9. The installation of the required improvements would likely cause unacceptable significant adverse environmental impacts that may not be mitigated as determined by the SEPA official, and the waiver/modification would avoid such impacts.

10. There is insufficient street or right-of-way adjacent to the lot(s) and easement access cannot be obtained across private property.

11. There is no street or right-of-way adjacent to the lots and easement access can be obtained across private property.

12. In the case of engineered plans for street construction, when the public works department determines that engineering is unnecessary due to the limited extent of the improvements, where short or dead-end streets have no foreseeable need to be joined to the city’s existing street network at a future date, or where storm drainage concerns are not at issue or are a minor issue.

13. Application of the requirements of the engineering design standards manual as applied to a particular development would conflict with goals and policies of the Port Townsend Comprehensive Plan.

14. 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.

15. It is determined that the street frontage improvements required in the engineering design standards manual could best be accomplished by construction of area-wide improvements at a future date.

16. It is determined that requiring paving of an existing substandard street would be unreasonable because of the limited impacts caused by the proposed development.

17. It is determined that private streets or access easements can provide necessary vehicular access, including emergency vehicle access.

18. It is determined that emergency vehicle access is otherwise adequate.

C. Any waivers from the engineering requirement under this section do not exempt the developer from submitting plans which meet all other applicable specifications contained in the engineering design standards manual.

D. Application Requirements. The application for a waiver or modifications of the above listed standards shall be by written request to the city and shall be accompanied by a nonrefundable filing fee in the amount set forth by council resolution. The application shall be made on a form provided by the city. The application shall specify which requirement(s) of this chapter and the engineering design standards manual are at issue and which of the condition(s) listed above can be met. It shall also contain a statement as to why the deviation from the required standards is necessary and why the waiver or modification sought will not harm or will be beneficial to the general public.

E. Public Works Director’s Decision. The public works director will make a decision within 21 days of receipt of the application, subject to his or her notification to the applicant that additional time is needed to obtain further necessary information. The public works director’s decision shall be made in writing and shall be an administrative decision which may be appealed by the applicant only pursuant to Chapter 1.14 PTMC, upon payment of an appeal filing fee in the amount set forth by council resolution.

F. Authority to Condition. The public works director may, in his or her discretion, condition the granting of the modification or waiver on the property owner(s) signing of a no-protest agreement to future formation of an LID or RID, as further set forth in PTMC 12.04.140N. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2578 § 1, 1997).

12.04.170 Variances.

A. Authority to Grant Variance. The public works director shall have the authority, under limited circumstances, to grant a variance from the requirements of this chapter; provided, however, that all variances under PTMC Titles 17 and 18 shall be processed and decided under the requirements of those titles.

B. Application Requests. The person(s) seeking a variance shall prepare and submit an application to the city on forms provided by the city and accompanied by a filing fee in the amount set forth by council resolution. Upon receipt, the application shall first be reviewed for completeness. If the application is incomplete, the director shall promptly return it to the applicant and indicate the additional information needed to make the application complete.

C. Public Works Director’s Decision. Within 30 days of receipt of a complete application, the public works director shall make a determination to grant the variance, grant the variance under certain delineated conditions, or to deny the variance. The time for such determination may be continued to a later date as agreed to in writing by the applicant.

D. Criteria. 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 purpose and intent of this title 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 and conclusions showing that all of the following conditions exist:

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zoning district in which the subject property is located; and

2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; and

3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district in which the subject property is located; and

4. The special circumstances of the subject property make the strict enforcement of the provisions of this title an unnecessary hardship to the property owner; and

5. The special circumstances of the subject property are not the result of the actions of the applicant; and

6. The variance is the minimum necessary to fulfill the purpose and the need of the applicant; and

7. The variance is consistent with the purposes and intent of this title; and

8. The variance is consistent with the goals and policies of the Port Townsend Comprehensive Plan; and

9. The fact that property may be utilized more profitably will not be an element of consideration before the decision maker.

E. The public works director’s decision shall be made by written findings and conclusions and is an administrative decision which may be appealed by the applicant only pursuant to Chapter 1.14 PTMC, upon payment of an appeal filing fee in the amount set forth by council resolution. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2578 § 1, 1997).

Article IV. Liability, Violations and Appeals

12.04.180 Property damage responsibility.

Any person who damages any public property or improvements, either without a street development permit or in carrying out a street development 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. (Ord. 2578 § 1, 1997).

12.04.190 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 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. This title is for benefit of the city of Port Townsend and not for any individual property owner or citizen. (Ord. 2578 § 1, 1997).

12.04.200 Interpretations.

Where there is any dispute concerning the interpretation of this chapter, the decision of the public works director shall prevail, subject to appeal pursuant to Chapter 1.14 PTMC. (Ord. 2578 § 1, 1997).

12.04.210 Violations, enforcement and penalties.

A. Director’s Authority. Whenever the public works director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2892 § 1, 2005; Ord. 2578 § 1, 1997).

12.04.220 Appeals.

A. 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 pursuant to Chapter 1.14 PTMC, except that appeals of enforcement decisions under Chapter 1.20 PTMC, Code Administration and Enforcement, shall be governed by that chapter. The appeal must be accompanied by a filing fee in the amount set forth by council resolution. Any such decision of the public works director shall be final at the time made, unless appealed.

B. Judicial Appeals. Appeals from the final decision of the city pursuant to Chapter 1.14 PTMC shall be made to the Jefferson County superior court within 21 calendar days from the date of the issuance of the decision, and processed in accordance with the Land Use Petition Act, Chapter 36.70C RCW. (Ord. 3051 § 1 (Exh. A), 2010; Ord. 2952 § 1, 2008; Ord. 2578 § 1, 1997).