Article I. General Utility Provisions

Chapter 13.01
PROCEDURES FOR UTILITY DEVELOPMENT

Sections:

13.01.010    Intent – Purpose.

13.01.020    Definitions.

13.01.030    Administrative procedures.

13.01.040    Public works technical conference – Fees.

13.01.050    Engineering design standards manual adopted – Purpose.

13.01.060    Rules for administration and enforcement.

13.01.070    Compliance with federal, state and local requirements.

13.01.080    Permit required – Revocation – Expiration – City exemption – Warranties.

13.01.090    Inspection – Fees – Deposit required.

13.01.100    Construction and maintenance bonds.

13.01.110    Administrative and judicial appeals.

13.01.120    Tiering – Expenditure of public funds.

13.01.130    Waiver/modification of the required utility improvement standards.

13.01.140    Utility variances.

13.01.150    No-protest agreements.

13.01.160    Liability of city.

13.01.010 Intent – Purpose.

A. It is hereby found that the acquisition, construction, and improvement of utilities to serve new developments in the city of Port Townsend and in the out-of-city water service areas are a major burden upon the city utility. The city of Port Townsend, as an urban growth area and as a utility provider, expects to experience an increasing intensity of land use and population growth which creates large demands for city services, including utilities; that existing and projected city utility funds are inadequate to meet the public’s projected utility needs; and that failure to ensure that utility improvements are made as utility demand increases causes safety problems or interferes with the comfort and repose of the public.

B. The purpose of this title is to establish 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.

C. This title applies to all water, sewer and stormwater utility development within the city of Port Townsend and all water utility development in Port Townsend’s out-of-city water service areas.

D. This title provides uniform, predictable standards for property development throughout Port Townsend and in the out-of-city water service areas. This title is further intended to implement the Port Townsend Comprehensive Plan. This title is intended to require compliance with the city’s engineering design standards manual for public improvements necessary to serve all areas of the city and the out-of-city water service areas, to ensure that appropriate public services and facilities, including utilities, are provided concurrently with development in accordance with the Growth Management Act, Chapter 36.70A RCW, and to ensure that all properties in the city uniformly comply with all regulatory standards and requirements to protect public health, safety and welfare and the protection of the built environment. Additionally, this title is intended to provide for the equitable sharing of improvement costs.

E. The purpose of this chapter is to set forth the administrative procedures for water, sewer and stormwater system development. All of the provisions in this chapter apply to water, sewer and stormwater utilities. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2867 § 2, 2004; Ord. 2579 § 1, 1997).

13.01.020 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, as now or later amended, adopted by reference in PTMC 13.01.050. The definition of any word or phrase not listed in the definitions which is in question when administering this title shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is 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.

“Airgap” means a backflow prevention device that provides an unobstructed vertical distance of at least twice the inside diameter of the supply line, but never less than one inch, through the free atmosphere between a supply line outlet and the overflow rim of a receiving vessel.

“Average daily flow” means the total yearly flow divided by the days of operation.

“Back pressure” means the backflow of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to pressure created by booster pumps, boilers, pressure vessels, or elevated plumbing that exceeds the main pressure or operating pressure of the water supply pipe.

“Back-siphonage” means the backflow of used, contaminated, or polluted water from a plumbing fixture or vessel into a water supply pipe due to a negative pressure in such pipe.

“Backflow” means the flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable supply of water from any source or sources other than its intended source.

“Backflow prevention device” means a device, assembly, or means to prevent backflow into the potable water system, either by back-siphonage or back pressure.

“Benefit area” means that area which includes parcels of real estate adjacent to, or likely to require a service connection to, improvements made by a developer who has applied to the city for a utility latecomer agreement pursuant to this chapter.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter (mg/l).

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

“Clerk” means the clerk of the city of Port Townsend.

“Co-tenant” means any person living in or upon the same premises as those occupied by the low-income senior citizen.

“Commercial/multifamily property” means and includes all property zoned or used for multifamily, commercial, or retail uses.

“Commercial services” means water or sewer services to businesses engaged in the manufacture and/or sale of a commodity or commodities or the rendering of a service, hotels, motels, institutional establishments such as hospitals, nursing homes, places of worship and schools, and mixed use centers (mixed commercial and residential units).

“Comprehensive drainage plan” means a detailed analysis for each drainage basin which compares the capabilities and needs for runoff accommodations due to various combinations of development, land use, structural and nonstructural management alternatives.

“Computations” means calculations, including coefficients and other pertinent data, made to determine the drainage plan with rates of flow of water given in cubic feet per second and cubic meters per second (cms).

“Cost of construction” means, for the purpose of Chapter 13.04 PTMC, those costs incurred for permitting, design, engineering, surveying, inspection, acquisition of right-of-

way and/or easements, labor, materials and installation required in order to create an improvement which complies with city standards. If the city engineer and the developer disagree about the “cost of construction” in a particular situation, the determination of the public works director shall be final.

“Council” means the city council of the city of Port Townsend.

“Cross-connection” means any connection between any part of the water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

“Customer” means all persons obtaining water service from the water supply system or sewer service through the sewer system of the city of Port Townsend.

“Deleterious wastes” means wastes that are or may be corrosive or harmful to the wastewater treatment facility, pump stations, sewer mains and/or facility effluent or biosolids, or which may violate city, state or federal standards.

“Department” means the public works department of the city of Port Townsend.

“Design storm” means that rainfall event which is selected by the public works department for purposes of design, specifying both the return period in years and the duration in hours.

“Detention facilities” means facilities designed to hold runoff while gradually releasing it at a predetermined maximum rate.

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

“Developer reimbursement charge” means a fair pro rata share to be paid by an owner of property within an area benefited by the private construction of municipal water, sewer, or storm drainage improvements pursuant to this chapter, who did not contribute to the original cost of such improvements. The term “developer reimbursement charge” may be used interchangeably with the terms “utility latecomer charge” or “utility 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.

“Developmental coverage” means all impervious developed areas within the subject property including, but not limited to, rooftops, driveways, carports, accessory buildings, parking areas, and any other impervious areas which are permanent in nature (as opposed to temporary, such as short-term alterations during construction). See also “Impervious area.”

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

“Drain” means any conductor of liquids.

“Drainage area” means the watershed contributing water runoff to and including the subject property.

“Drainage plan” means a plan for collection, transport, treatment, and discharge or recycling of water within the subject property.

“Drainage treatment/abatement facilities” means any facilities installed or constructed in conjunction with a drainage plan for the purpose of treatment or abatement of urban runoff, excluding retention or detention facilities.

“DSD” means the development services department.

“Fireflow” means the rate of water flow needed to fight fires as defined by the city engineering design standards manual.

“Force main” means a pressurized sewer main.

“Garbage” means solid waste from the preparation, cooking and dispensing of food and from the handling, sale and storing of produce.

“High strength waste” means any wastewater which has a concentration higher than typical domestic wastewater as further defined under Chapter 13.24 PTMC.

“Impervious area” means any part of any parcel of land that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes areas that have been cleared, graded, paved, or compacted. This includes both temporary and permanent impervious areas. See also “Developmental coverage.”

“Industrial services” means water or sewer service to a business enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.

“Industrial waste” means the wastes from industrial process as distinguished from sanitary wastewater.

“Interceptor” means any gravity sewer main greater than 18 inches in diameter or sewer force main greater than 10 inches in diameter.

“Irrigation service” shall mean a water service with a separate meter used for recreational, landscaping, agricultural, horticultural or other exterior residential or commercial watering system within the city limits and pre-existing, grandfathered systems in the city’s out-of-city water service area.

“Low-income” means a person who has a total current annualized household gross income from all sources of 150 percent or less of the poverty level based upon total household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available.

“Low-income disabled” means a person who:

1. Receives supplemental security income pursuant to 42 USC Sections 1381 through 1383, as now or hereafter amended, and is able to establish that current annualized household gross income from all sources will not exceed the number determined from the poverty level calculation below; or

2. Receives supplemental security disability income pursuant to federal law, as now or hereafter amended, and is able to establish that current annualized household gross income from all sources will not exceed the number determined from the calculation below; or

3. Is eligible for and in fact receives a federal, state or private disability pension, and who is able to establish that current annualized household gross income from all sources does not exceed the sum of the number determined from the calculation below:

Poverty level calculation: 200 percent of the poverty level based upon total household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available.

“Low-income senior citizen” means a person 62 years of age and over, whose total gross income, including that of their spouse or co-tenant, does not exceed the annual sum of the number determined from the poverty level calculation below:

Poverty level calculation: 200 percent of poverty level based upon household size using poverty level calculations established by the state of Washington for Jefferson County or by the federal government if state calculations are not available.

“Main, sewer” means a city-owned pipe or conduit for carrying wastewater.

“Main, water” means a water line that is a component of the water distribution system and is designed or used to serve more than one premises.

“Manifold meter” means a separate meter installed for commercial or industrial establishments in order to separate flow from water and sewer where water is used for nonsewer purposes, such as cooling water, irrigation, landscaping, etc.

“Multifamily service” means service to a triplex, fourplex, apartment buildings, condominiums, mobile home parks, trailer courts, or similar type of dwelling unit arrangements on a single premises.

“Natural location of drainage systems” means the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

“Peak discharge” means the maximum surface water runoff rate (cfs and cms) determined for the design storm.

“Person” means persons of either sex, and associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Planned unit development” means residential developments which are planned and/or developed in several stages but submitted together for approvals, and which typically consist of clusters of multiunit structures interspersed with areas of common open spaces.

“Premises” means a home, building, parcel of property, lot, multifamily service, or group of adjacent buildings utilized under one ownership and under a single control with respect to use of the city’s water or sewer system and responsibility for payment therefor. The term “premises” may be used interchangeably with the term “premise.” Multiple lots or parcels under single ownership and control may also be considered one premise for the purposes of this title; provided, that the lots or parcels are contiguous and are not separated by any right-of-way, and except as further provided in PTMC 13.14.010(B) and 13.23.010(B).

“Pretreatment” means the reduction of biochemical oxygen demand (BOD), total suspended solids (TSS), volatile suspended solids (VSS), fat, oil and grease (FOG), hydrogen-ion concentrations (pH), heavy metals, or other deleterious waste by using screening, chemicals, biological oxidation, equalization tanks and other applicable methods and procedures prior to discharge to the city sewer system.

“Private sewer” means the sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required herein.

“Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than three-eighths inch in any dimension.

“Property” means and includes all lands, real estate and development, public and private, including road, street, and highway rights-of-way, and all governmental, tax-exempt, and other property within the city limits of the city or such other areas as the city drainage system may serve.

“Property owner” means the record owner, based on the records of the Jefferson County assessor, on the day the utility latecomer agreement is signed by the parties.

“Public place” or “public area” means any space dedicated to or acquired for the use of the general public.

“Receiving bodies of water” means creeks, streams, lakes and other bodies of water into which waters are directed, either naturally, in manmade ditches, or in closed conduit systems.

“Residential service” means a water or sewer service connection to a single-family dwelling unit or duplex (two-family dwelling).

“Retention facilities” means facilities designed to hold water for a considerable length of time and then consume it by evaporation, plant transpiration, or infiltration into the soil.

“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 be an “opened street.”

“Right-of-way improvement method report” shall have the same meaning as set forth in PTMC 18.12.090.

“Sanitary service connection” means that portion of the sewer system connecting the premises to the sewer main, including the sewer tap and all piping and fittings from the main.

“Sanitary wastewater” means wastewater of a residential or commercial nature.

“Sewer system” means all sewer collection and transmission pipelines, pump stations, wastewater treatment facilities, biosolids handling facilities, outfalls, and appurtenances.

“Single-family unit” means and includes all individual dwelling units and each half of all duplex dwelling units.

“Subject property” means the tract of land which is the subject of the permit and/or approval action as defined by the full legal description of all parcels involved in the proposed development.

“Suspended solids (SS)” means the residue from wastewater which remains after filtration in accordance with the appropriate procedures contained in the latest edition of Standard Methods.

“Tiers 1, 2 and 3” refer to the city’s infrastructure tiering strategy in accordance with the Port Townsend Comprehensive Plan (see Capital Facilities and Utilities Element, pages VII-4 to VII-5, Policies 2.4.1 through 2.4.3). A map designating the various tiers is contained in the engineering design standards manual.

“Total income” includes but is not limited to all pensions, whether from private or government sources, any disability payments, interest, dividends, annuity proceeds, and all and every other amount which may be available to the low-income senior citizen for purposes of spending the same.

“Transmission main” means water mains that transport water to a large geographical area of the city and are generally greater than or equal to 12 inches in diameter.

“Treasurer” means the city treasurer of the city of Port Townsend or their designee.

“Utility latecomer agreement” means a written contract between the city as approved by the city council and executed by the mayor, and one or more developers providing both for construction of water, sewer, or storm drainage facilities and for partial reimbursement to the developer by owner(s) of properties benefited by the improvements. Although referred to generically as “utility latecomer agreements” for ease of reference, such agreements will be processed separately as water latecomer agreements, sewer latecomer agreements, or storm drainage latecomer agreements, each with their own application fee, reimbursement benefit area and charge and notice requirements.

“Wastewater” means the combination of the water and wastes carried from residences, business buildings, institutions and industrial establishments, which wastes contain polluted water requiring treatment at the wastewater treatment facility.

“Water service area” means that area consisting of the corporate limits of the city of Port Townsend and those areas outside of the city that have been designated for water service by ordinance of the city council or by the city’s Water System Plan.

“Water service installation or service connection” means that portion of the water system connecting the premises to the water distribution main, including the water tap and all piping and fittings from the main to and including the water meter assembly.

“Water, sewer or storm drainage improvements” means the acquisition of right-of-way and/or easements, design, inspection and installation of improvements to city standards, as defined in RCW 35.91.020 “water or sewer facilities,” and is further defined to include the following:

1. “Water system improvements” includes, but is not limited to, such things as treatment facilities, reservoirs, wells, mains, and appurtenances such as valves, pumping stations, pressure reducing stations and fire hydrants. Fire hydrants are included in the definition of water system improvements only if required to be installed as a component of a water distribution system. Fire hydrants, standing alone, are not considered a water system improvement for which a latecomer agreement may be processed under this chapter.

2. “Sewer system improvements” includes, but is not limited to, such things as treatment facilities, sewer mains and maintenance holes, pump stations, force mains, service connections and cleanouts. “Wastewater system improvements” is synonymous with “sewer system improvements.”

3. “Storm drainage improvements” includes, but is not limited to, such things as conveyance pipes and catchbasins, ditches, swales, treatment facilities, and natural systems used for stormwater controls.

“Water system” means all water source and supply facilities, transmission pipelines, storage facilities, pump stations, distribution mains and appurtenances, vehicles, and materials storage facilities.

“Water tap” means the connection to the main. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 3199 § 1, 2018; Ord. 2892 § 1, 2005; Ord. 2852 § 2, 2004; Ord. 2685 § 1, 1999; Ord. 2609 § 1, 1997; Ord. 2579 § 1, 1997).

13.01.030 Administrative procedures.

A. The administrative procedures for utility system development are described in the engineering design standards manual.

B. The procedures described in the engineering design standards manual are general summaries and may be supplemented by other procedures adopted by the public works department, and are further set forth in Chapters 13.02 through 13.32 PTMC. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.040 Public works technical conference – Fees.

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.

B. Project Requirements. 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 changes are made to the proposed development, in which case requirements related to those changes may be modified.

C. The technical conference allowed by this section is intended to be a separate process from the preapplication conference required by Chapter 20.01 PTMC, and is not required for a determination of completeness under Chapter 20.01 PTMC. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 3051 § 1 (Exh. A), 2010; Ord. 2579 § 1, 1997).

13.01.050 Engineering design standards manual adopted – Purpose.

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 utility improvements covered by this title; provided, however, that where an applicant for a building or utility 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 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 compliance with the standards and criteria as provided 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 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 water, sewer and stormwater system improvements in order to implement the comprehensive plan and to make the requirements for utility development more uniform, clear, consistent and predictable.

2. The public works director is authorized to make minor, technical amendments 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.

3. Copies of the engineering design standards manual and all revisions shall be maintained in the city clerk’s office, the DSD, 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. 3265 § 1 (Exh. A), 2021; Ord. 2892 § 1, 2005; Ord. 2579 § 1, 1997).

13.01.060 Rules for administration and enforcement.

The public works director shall have the authority to promulgate and enforce rules and regulations to implement the provisions of this title related to customer service, connections, extensions, replacements, system improvements and the general operation of the water, sewer and stormwater utilities, as long as not inconsistent with the city’s engineering design standards manual. The city treasurer shall have the authority to promulgate and enforce rules and regulations to implement the provisions of this title related to the payment, collection, and remittance of rates. Any such rules and regulations shall be on file and available for public inspection at the city clerk’s office. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.070 Compliance with federal, state and local requirements.

All design, construction, maintenance and operation of water, sewer and stormwater facilities shall be in accordance with the city utility master plans, the engineering design standards manual, the requirements of the state departments of health and ecology rules and regulations and any applicable federal regulations. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.080 Permit required – Revocation – Expiration – City exemption – Warranties.

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

B. Permit Required. No person shall install or construct any water, sewer or stormwater system improvements in the city rights-of-way without first obtaining a utility development permit from the public works director. Refer to the water, sewer and stormwater codes for specific permit application submittal requirements.

C. Revocation. The permit granted may be revoked by the public works director for failure to comply with any provision of the Port Townsend Municipal Code or violation of any condition imposed on the permit.

D. Expiration.

1. All utility 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 written request for extensions 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. Approval of such request shall be discretionary with the public works director. 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 shall be allowed.

2. All utility 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 utility development permit shall automatically expire.

3. Notwithstanding subsections (D)(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 public works 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 utility installations, the construction shall occur in accordance with all requirements of the approved improvement method report. In such case, the utility development permit shall expire unless the work is completed in accordance with the conditions of the subdivision approval, the requirements of the approved improvement method report, and/or as set forth in the utility development permit itself.

E. 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.

F. 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.

G. Warranties. All work performed under a utility development permit shall be guaranteed by the applicant for one year after acceptance by the city. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2867 § 2, 2004; Ord. 2579 § 1, 1997).

13.01.090 Inspection – Fees – Deposit required.

A. All construction must be inspected by the city and the cost of the inspection paid for by the developer. After the approval of the plans and specifications and prior to the issuance of the utility development permit, the developer shall be required to pay an estimated construction inspection fee in the amount determined by the public works department using the fees set forth by council resolution. The utility 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 inspection allowance, such developer will be billed for the time in excess of two hours. 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 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 as defined in the engineering design standards manual. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 3051 § 1 (Exh. A), 2010; Ord. 2579 § 1, 1997).

13.01.100 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 in the approved plans and that the installed improvements will perform free of material defects for a period of one year from the date of city acceptance of the 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 acceptance of the improvements by the city. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.110 Administrative and judicial 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 deny a waiver or variance, 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 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. 3265 § 1 (Exh. A), 2021; Ord. 3051 § 1 (Exh. A), 2010; Ord. 2952 § 3, 2008; Ord. 2579 § 1, 1997).

13.01.120 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 utility improvements and provision has not otherwise been made to meet the mitigation of direct impact requirements as provided in this title, the city may refuse to approve or grant a permit for development pursuant to the concurrency requirement of the Growth Management Act. As an alternative, the city (1) will consider alternatives to the proposal so that the need for utility improvements is lessened; (2) may provide the developer with the option of bearing the full cost of the required utility 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. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.130 Waiver/modification of the required utility improvement standards.

A. The provisions of this subsection are intended to be a separate and distinct procedure from the zoning code variance procedures. Waivers or modifications of the standards of this chapter and/or the engineering design standards manual may be granted only where the criteria of subsection B of this section are met. Waivers may be initiated by the developer pursuant to subsection C of this section or by the city.

B. The public works director may waive or modify applicable requirements for utilities, when it is determined that the waiver or modification will not harm or will be beneficial to the public in general, and when one or more of the following conditions are met:

1. Location in an environmentally sensitive area, disruption of existing drainage patterns, or removal of natural features such as significant trees makes compliance with engineering design standards manual impractical or undesirable.

2. The existence of a structure such as a substantial retaining wall makes compliance with engineering design standards manual impractical.

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

4. Hydraulic concerns, topography of the site, or no foreseeable future need makes utility main extensions through the property to the next intersection unreasonable.

5. In the case of existing on-site septic systems, where topography, system deficiencies, or technical difficulties create problems with connecting to the city’s sewer system.

6. In the case of engineered plans for utility installations, when the public works department determines that engineering is unnecessary due to the limited extent of the improvements, the constraints of the existing system, or where short, dead-end extensions have no foreseeable need to be looped into the city’s existing system at a future date. Any waivers from the engineering requirement do not exempt the developer from submitting plans which meet all other applicable specifications contained in the engineering design standards manual.

7. In the case of stormwater drainage plans, such plans may not be required when the developer demonstrates to the satisfaction of the public works director that the proposed activity or development:

a. Will not adversely impact the water quality conditions of any affected receiving bodies of water; and

b. Will not alter the surface discharge location, alter the drainage pattern on adjoining properties, alter drainage patterns, increase the discharge or cause any other adverse effects in the drainage area; and

c. Will not alter the subsurface drainage patterns, flow rates, and discharge points, or result in any significant adverse effects to property or residents.

8. The installation of the required improvements as applied to the particular development is in conflict with the goals and policies of the Port Townsend Comprehensive Plan.

C. The application for a waiver or modifications of the above listed standards shall be by written request to the public works director 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 public works director. The application shall specify which requirement(s) of this title 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 minor or insubstantial and why the waiver or modification sought will not harm or will be beneficial to the general public.

D. The public works director will make a decision within 21 days of receipt of the request, subject to their 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 is an administrative decision which may be appealed pursuant to Chapter 1.14 PTMC, upon payment of an appeal filing fee in the amount set forth by council resolution.

E. The public works director may at their discretion condition the granting of a waiver on the property owner signing a no-protest agreement to future formation of a local improvement district (“LID”). (Ord. 3265 § 1 (Exh. A), 2021; Ord. 3051 § 1 (Exh. A), 2010; Ord. 2579 § 1, 1997).

13.01.140 Utility variances.

A. 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. 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.

C. 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.

D. 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 specified circumstances, or to deny the variance. The time for such determination may be continued to a later date as agreed to by the applicant.

E. A variance may be from all or part of the requirements of this title, 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 their determination, the public works director may grant a variance only upon specific written findings of fact showing that all of the following conditions exist:

1. That special conditions exist with respect to the land or area such as size, shape, topography, location, density, traffic, greenbelts, open space, character of neighborhood, character of the environment or other factors not generally applicable to other lands or areas, such that the improvement requirements would be unnecessary, inappropriate or unreasonably burdensome;

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

3. That the special conditions do not result from actions of the applicant;

4. That granting the variance will not confer a special privilege to the applicant denied to other similarly situated landowners;

5. That the variance would not be materially detrimental to the public health, safety and welfare, or to other properties or improvements in the area or to the traveling public;

6. That the applicant has set forth sufficient reasons to justify granting the variance;

7. That the variance will be consistent with the purpose and intent of this title and would not establish a precedent for subsequent variance requests which could diminish the effect of this title in furthering these purposes;

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

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

10. The fact that property may be utilized more profitably will not be an element of consideration before the decisionmaker.

F. The public works director’s decision shall be made by written findings and conclusions and is an administrative decision which may be appealed pursuant to Chapter 1.14 PTMC, upon payment of an appeal filing fee in the amount set forth by council resolution. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 3051 § 1 (Exh. A), 2010; Ord. 2579 § 1, 1997).

13.01.150 No-protest agreements.

The public works director may require that property owners enter into a “no-protest agreement” where it is determined that development of the property will create impacts which can only be later mitigated through construction of an areawide or neighborhood improvement and it would be unreasonable to require the full improvement as a condition of the development. Where a property owner enters into a no-protest agreement with the city waiving the property owner’s right under Chapter 35.43 RCW et seq., to protest formation of a local improvement district, the agreement must specify the improvements to be financed by the district and set forth the effective term of the agreement, which shall not exceed 10 years. (Ord. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).

13.01.160 Liability of city.

This title 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 utility 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. 3265 § 1 (Exh. A), 2021; Ord. 2579 § 1, 1997).