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HomeMy WebLinkAbout4856 ORDINANCE NO. dT/~ AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, relating to transportation and repealing Chapter 15.01.100 and replacing it with a new Chapter 15.01.100, amending certain sections of Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adding a new Chapter 11.12 entitled Transportation Development Code, and amending Section 13.10.080. WHEREAS, the State Legislature passed regulatory reform legislation during the 1995 legislative session including Chapter 347, Laws of 1995; and WHEREAS, the City Council desires to amend the City codes relating to sidewalk construction and maintenance to improve the clarity of regulatory standards, to eliminate unnecessary regulation, and to streamline the development permitting process; and WHEREAS, the City Council also desires to adopt new construction standards as set forth in the proposed Transportation Development Code; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, ORDAINS AS FOLLOWS: SECTION 1. Section 15.01.100 of the Bremerton Municipal Code entitled "System Development and Construction Standards" is hereby repealed in its entirety and there is hereby created a new Section 15.01.100 to read as follows: 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The System Development and Construction Standards are those as defined and adopted in BMC 11.12.090, also referred to as the "City Standards". SECTION 2. Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks - Construction, Improvements and Maintenance" is hereby amended to read as follows: Chapter 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND REPAIR! PURPOSE .................. 11.08.010 O~s~X~A · r~ e,~nx,~ This chapter applies to situations where sidewalks need to be constructed, reconstructed, or repaired along a property frontage, when said property is not undergoing development or redevelopment as those terms are defined in Chapter 11.12. 1 Transportation Development 11.08.020 CONSTRUCTION, RECONSTRUCTION, REPAIR OF SIDEWALKS, ETC., AUTHORIZED - PAYMENT OF COST. Whenever any construction, reconstruction or repair of any sidewalks, gutters or curbs along or dr/veways across sidewalks, which work is hereafter referred to as the "improvement", is to be done, the costs of the same may be paid for by any of the following three methods: (I) From any available funds, (2) By requiring the abutting owner to construct the improvement at his/her own cost or expense, (3) By assessing all or any portion of the costs thereof against the abutting property owner. 11.08.030 RESOLUTION - NECESSITY - CONTENTS. Pursuant to Chapter 35.69. RCW, whenever the City Council finds by resolution that improvement of a portion of a street by construction or reconstruction of a sidewalk is necessary for the public safety and convenience, the duty, burden and expense of such may be the responsibility of the abutting property owner as determined by said resolution. Suck resolution shall state ..,u~..~. ~ .... ~ ~ ,,,,~ ~ .......... · ~ n. be *'~ ~'~' ~u~ r,;~ ....... ~.~ ..... ~. ....... v ............ be bcme ....... a ~. whether all or specifie ortion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improvement at his/her own cost and expense. If the abutting owner is required to construct the improvement the resolution shall specify the time within which the construction shall be commenced and completed; and further that if the improvement or construction is not undertaken and completed within the time specified that the City will perform or complete the improvement and assess the cost against the abutting owner. 2 Transportation Development 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper of the City and a notice of the date of such hearing shall be given each owner or reputed owner of the abutting property by personal delivery or by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of hearing;; S_such mailing to be at least ten days before the date fixed for such hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk, before the heating. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of hearing, the Council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. 11.08.050 SIDEWALK CONSTRUCTION FUND. When all or any portion of the cost is to be assessed against the abutting property owner, the city council may create a "Sidewalk Construction Fund No ..... "to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper City official or by the City Council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so filed the Council shall by resolution fix a date for hearing thereon and direct the Clerk to give notice of such hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the County Treasurer's tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper or regular official publication of the city. The notice ~hall be mailed and first publication made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City 3 Transportation Development Clerk before the date fixed for the hearing. Following the hearing the City Council shall by ordinance affirm, modify or reject, or order recasting of the assessment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll pursuant to Chapter 35.44 RCW l~y r-~. ..... a~ · ..... of 1911 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. The City Council shall ~i,' rez.~lution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the City Council may l~y-msetq:~m~ provide for interest on unpaid installments and fix the rate thereof. 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. The assessment roll as affirmed or modified by the City Council shall be filed with the City Treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty days or more the lien may be foreclosed in the same manner and with the same effect as is provided by Chapter 35.49 RCW 98, Laws cf 19! i, as amended. Whenever the deed is issued after the sale therein provided, the regularity, validity, and correctness of the proceedings relating to such improvement and the assessment therefore shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. 11.08.090 CITY ENGINEER TO SUPERVISE. Whenever any sidewalk, curb or driveway on public rights-of-way in the city is to be constructed, the city engineer shail, in addition to establishing the alignment and grade, be vested · with general supervision in order to insure a quality of construction in keeping with general plans and specifications applicable to the locality in which the work is being done. To that end, whenever an abutting property owner proposes to construct or reconstruct a sidewalk, curb or driveway it shall be his/her duty, either in person or through his/her contractor, in the event the work is to be done by contract, to notify the city engineer of the time the work is to be commenced. 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the city. Such permit shall be issued by the city engineer upon written application describing accurately the location of the work to be done and a description of the work to be done. The applicant shall pay the sum of one dollar at the time of filing his/her application. 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. At the time of filing his/her application for a permit the applicant shall deposit with the engineering department a fee equal to twenty cents per lineal foot of frontage on the street with a minimum fee of twenty dollars, which sum shall be used to help defray the costs of setting grades and alignment. 4 Transportation Development 11.08.120 REJECTION OF PERMIT APPLICATION. Whenever in the opinion of the engineer the construction of a curb and/or gutter will create a hazard to adjoining property or to the city he/she may deny the application for the construction of a curb and/or gutter and shall set forth on the application the reasons for his/her rejection of the application. 11.08.130 LIABILITY INSURANCE REQUIRED. Before any permit is granted to any person, fh'rn or corporation, for the construction or reconstruction of any curb, sidewalk or driveway upon public rights-of-way, such person, firm or corporation shall secure and deliver to the city and file with the city engineer a copy of public liability insurance to be approved by the city attorney in the sum of five thousand dollars for property damage and five thousand dollars for injury to one person and ten thousand dollars for all persons injured in one accident, which policy of public liability insurance shall be the usual form of premises liability insurance. 11.08.140 STAKING. Where the property owner required the staking of lines or grades for walks, curbs, streets or drives where such staking is to provide the property owner with controls for construction of buildings, walks, driveways or other improvements on his/her own property, the property owner shall make application to the city engineer for such staking. The city engineer shall perform the work of staking such lines or grades and shall charge to the property owner the cost to the city for such work on the basis of time, materials and equipment rental at an hourly rate not less than six dollars and fifty cents. 11.08.150 VIOLATION - PENALTY. (a) Any violation of Section 11.08.100 constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. 11.08.160 RCW ADOPTED. RCW 35.69 is adopted for the regulation of construction and reconstruction of sidewalks, the expense of which is to be borne by the abutting owner and the provision of this section will be in addition to any other method provided for by ordinance of the city. SECTION 5. A new chapter, Chapter 11.12 entitled "Transportation Development Code" is hereby added to the Bremerton Municipal Code to read as follows: 5 Transportation Development 11.12.010 TITLE. This section shall be known as the "Transportation Development Code". 11.12.020 PURPOSE. The purpose of this Chapter is to implement the transportation element of the City Comprehensive Plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards 11.12.030 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this Chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this Chapter (e) Act as final authority for appeals and requests for variance from requirements of this Chapter. (f) Amend, interpret, and allow deviations from the City of Bremerton Design and Construction Standards ("Engineering Standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering Standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted Engineering Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (h) Delegate, in writing, the Director's authority to perform any of the tasks required of him/her under this Chapter to other personnel with the Department, as is needed for the effective and efficient administration of the Department and the duties required under this chapter. 11.12.040 TERRITORIAL APPLICATION. This Chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless n:fitigation conditions, or improvements required by this Chapter are made conditions of the permit. 6 Transportation Development 11.12.050 DEFINITIONS. The following words and phrases, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (a) "Activity Centers" means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people. (b) "Bicycle Facilities" is a general term referring to improvements that accommodate or encourage bicycling, including, but not limited to parking facilities, bike racks, and improvements to bicycle routes. (c) "Bicycle Route" means any route designated for bicycle travel in the Comprehensive Plan, whether exclusive for bicyclists or to be shared with other transportation modes. (d) "Cul-de-sac" means a street closed at one (1) end by widened pavement of sufficient size for vehicles to turn around. (e) "Curb (wheelchair) ramp" means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets. (f) "Dedication" shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated. (g) "Developer" or "Applicant" means the property owner and his/her authorized agents or contractors responsible for a project. (h) "Development" shall mean any modification to any existing structure, modifications of the existing natural landscape above and below ground or water, new construction or modification of a site previously modified by human activity. (i) "Director" means the Director of the Department of Public Works and Utilities of the City of Bremerton or his/her designated or authorized representative. (j) "Easement" means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. Easement, as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate. (k) "Gross Square Feet" means the total number of square feet within the finished wall surface of the outer building walls of a structure. Including enclosed parking, but excluding vent shafts, outdoor courts and parking. (1) "High Occupancy Vehicle" (HOV) means an automobile, vanpool, bus or other motor vehicle with two or more occupants. (m) "Mixed Use Development" means the development of a contiguous tracts of land, a building or a structure with two or more different uses as identified in the Land Use Code. (n) "Mode Split" means the percentage of overall trips made by different means of transportation. (o) "Peak Period" means the two-hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic. (p) "Project" means development or redevelopment for which a City permit is required. (q) "Redevelopment" means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to 25-percent of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever 7 Transportation Development is greater) of the modification is greater than or equal to 25-percent of the Kitsap County assessed value of the land. (r) "Right-of-Way" (Public) means all real property dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub-surface rights and easements related thereto. (s) "Single Occupancy Vehicle" (SOV) means a motor vehicle transporting the driver only. (t) "Street Frontage" means any part of private or public property that borders a public right-of-way dedicated for use by motorized vehicles. (u) "Street Tree" means a tree planted for landscaping purposes within the public right-of-way. (v) Street Vegetation" means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. Traffic impact analysis reports are required for proposed development projects when the City Engineer has reason to believe that the impact on the City's existing or planned future transportation facilities will be significant. "Significant", for this purpose, means generating, on any portion of the City's transportation system, in excess of two percent more traffic above the existing base line at either the peak period or for the average day where the base line shall be determined by the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall consider traffic impacts during the peak period. If the development generates significant traffic volumes outside the peak period of the adjacent road system, the City Engineer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with section 11.12.070. The Traffic Impact Analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a Level of Service (LOS) Standard has been adopted within the current Comprehensive Plan of the city, mitigation measures shall be sufficient, in the estimation of the City Engineer, to assure that such segments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current Comprehensive Plan the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersection modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate portions of traffic not attributable to the project. 8 Transportation Development (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the "Engineering Standards") as on file with the Department of Public Works and Utilities. The Engineering Standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These Standards are not intended to apply to "resurfacing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the Engineering Standards or the provisions of this Chapter provide otherwise, all design construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Specifications"; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans"; and (3) A Policy on Geometric Design of Highways and Streets, AASHTO; "Manual on Uniform Traffic Control Devices", FHWA. (b) An applicant may request a deviation from an Engineering Standard. Requests for deviation shall be made by the Applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical documentation that provides a basis for the deviation. The deviation may only be granted if the applicant demonstrates with clear and convincing evidence, that: (1) The deviation is required due to geotechnical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the performance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this Chapter or the Engineering Standards. (5) The other requirements of section 11.12.030(f) are met. 11.12.090 DEDICATION OF RIGHT-OF-WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and non-motorized transportation, landscaping, utility, street lighting, traffic control devices, and buffer requirements; and 9 Transportation Development (b) Street frontage improvements where the existing right-of-way is not adequate to meet current right-of-way width requirements; and (c) The extension of existing or future public street improvements. (d) Other transportation facilities deemed necessary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the development. 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary public services, utility services, and motorized and non-motorized circulation corridors in and through the development, consistent with the provisions of the Comprehensive Plan and other adopted City plans. Easements may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Non-motorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City's Comprehensive Plan. (c) Non-motorized easements shall be wide enough to include the trail width and a minimum clear distance of two feet on each side of the trail. Easement width may vary according to sim-specific design issues such as topography, buffering, and landscaping. (d) Non-motorized easements shall be designated "City of Bremerton Non-motorized Public Easement" and easement documents shall specify maintenance responsibilities. 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improvements in accordance with the Engineering Standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one or more of the following exceptions are met: (1) The property is undergoing redevelopment, is zoned as Single Family Residential, has one single-family residence, and has less than 200 feet of total frontage. (2) Adjacent street frontage improvements are nnlikeIy to be installed in the foreseeable future as determined by the Director; or (3) The installation of the required improvement would cause significant adverse environmental impacts. (b) Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, trail, street trees and landscaping, irrigation, street widening, turn pockets, and channelization or other improvements deemed necessary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site-by-site basis and shall be determined by the Director. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety and in accordance with accepted engineering practice. (c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should 10 Transportation Development not be constructed at the time of building construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner's cost of installing the required improvements. Payment shall be made pfior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director's discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the property to not protest a Local Improvement District to improve the street frontage. 11.12.120 LANDSCAPING IN RIGHTS-OF-WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval. (b) For any development wherever it is necessary to remove or relocate street vegetation in connection with the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to Engineering Standards, as determined by the City Engineer, and BMC Chapter 13.10.080. (c) Any existing landscaping in the right-of-way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner. (d) Landscaping and other improvements within the fight-of-way are subject to removal at the request of the City when the right-of-way is needed for public use. (e) Street Tree and Landscaping Installation Requirement. (1) Street landscape installation or improvement is required when applicable projects are to be undertaken along major arterials and other streets as identified in the Comprehensive Plan and in accordance with the Engineering Standards. (2) Ground cover shall be provided for site frontage right-of-way with a potential for erosion. (f) Species Selection: Selection of tree species shall comply with the Engineering Standards, BMC Chapter 13.10, and the Comprehensive Plan. (g) Maintenance of Plant Materials shall be in accordance with BMC Chapters 9.14 and 13.10. 11.12.130 PRIVATE STREETS. Private streets will be allowed only when the Comprehensive Plan does not designate the area will be served by a public street, and the following criteria are met.: (a) The street design and construction is in conformance with Engineering Standards; and (b) A covenant which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with Kitsap County; and (c) The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and (d) The private street would not hinder public street circulation; and (e) At least one of the following conditions exists: (1) The street would ultimately serve four or fewer lots; or 11 Transportation Development (2) The street would ultimately serve more than four lots, and the City Engineer and the Fire Chief determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or the private street would be pan of a Planned Unit Development; or the private street would serve commercial or industrial facilities where no circulation continuity is necessary as determined by the City. 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. Acceptance of private streets as dedicated public streets will be considered if the street meets all City street design and construction standards for public streets at the time the dedication is requested. Consideration of acceptance is also subject to the requirements of other City of Bremerton departments. Final acceptance is subject to City Council approval. The following criteria will be evaluated: (a) Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction and the observable condition index is 90 or greater as determined by the City Engineer. (b) Condition of title. (c) Survey requirements for monumentation and conveyance. (d) The need for additional right-of-way and easements. (e) The benefit to the public of accepting the dedication. (f) Cost of accepting the street, including future maintenance costs. 11.12.150 DRIVEWAYS. (a) Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or paring area will not impede vehicles in the travel lane of the public street. (b) Whenever possible, access for commercial and multifamily property shall be provided onto streets that do not abut Single Family Residential land uses. (c) Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the City may require the applicant to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development. (d) The installation of driveways onto arterials may be denied if alternate access is available. Owners applying for development permits on state routes and principal arterials shall demonstrate that they have made efforts to reduce the number of driveways along their frontage through formation of private shared easements or other means as a result of their projects. (e) The continued use of pre-existing driveways must meet all requirements of this section with the development of a site. (f) All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed. (g) Driveway approach grade and configuration shall accommodate planned future street widening in accordance with the Comprehensive Plan to prevent the need for major driveway reconstruction. (h) No commercial driveway will be approved where backing onto the sidewalk or street will occur. 12 Transportation Development (i) The City may restrict left turns to and from a driveway, either at the time of development or in the futura, without compensating the property owner for any resulting impacts as a result of such restriction. (j) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 100 feet from any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as reasonably possible. (k) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 150 feet from the nearest cross street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the cross street as possible. Access onto State highways shall conform to WAC 468.52. (1) The City shall not permit more than one driveway or street opening on any property having a street frontage on principal arterials of 200 feet or less. (m) On streets other than principal arterials, the City shall not permit more than one driveway or street opening on any property having a street frontage of 100 feet or less. (n) Driveways shall be located at least five feet from the property line. (o) Driveways onto principal arterials, including state routes, shall include deceleration lane, and acceleration lanes. (p) Deviations from Section 11.12.150 may be approved at the discretion of the Director if: (1) The modification is reasonable and necessary for development of the property; and (2) The modification will not create an unsafe condition for motorists or pedestrians. 11.12.160 PRIVATE INTERSECTION OPENING. A private intersection opening may be required at the discretion of the City Engineer in lieu of a conventional driveway when the projected driveway traffic is greater than 1,000 vehicles per day. (a) A private intersection may include the following elements: (1) Traffic signalization; (2) Easements; (3) A minimum 100 foot storage area turn pocket plus taper between the face of curb and any turning or parking maneuvers within the development; (4) The opening is at least 150 feet from the near side face of curb of the nearest intersecting street; (5) The opening is at least 100 feet from any other driveway on the property frontage under the control of the property owner. 11.12.170 STREET ENDS. (a) All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in Section 11.12.170(b). (b) A "hammerhead" turnaround may be used in lieu of a cul-de-sac if the street is less than 200 feet long and serves six or fewer lots. Such an alternative design may be used if approved by the City Engineer and the Fire Chief. 13 Transportation Development 11.12.180 PARKING CIRCULATION. Parking lot and circulation needs shall be met on site. The public right-of-way shall not be used as part of one-way parking lot flow, or other site circulation. 11.12.190 TRAFFIC SIGNALS. (a) When a proposed street or driveway design interferes with existing traffic signal facilities; traffic signal modification or relocation must be provided and paid for by the Applicant. (b) To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required to be provided and paid for by the Applicant as determined by the Director. (c) All traffic signal design modifications shall be prepared by a Washington Registered Professional Engineer experienced in traffic signal design and included in the Traffic Impact Analysis Report specified in Section 11.12.060. 11.12.200 STREET LIGHTING. (a) Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions in accordance with the Engineering Standards and Section 11.12.110. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development. (b) All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities. (c) For new subdivisions, the City will accept maintenance and power cost responsibility for the public street light system when a subdivision is 50 percent or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system. The property owner shall notify the City when 50 percent occupancy is obtained. (d) The City will not accept maintenance and power cost responsibility for a public street light system that does not conform to the City's most current Engineering Standards. (e) Street illumination in accordance with Engineering Standards is required at the intersection of a private street and a public street. No street lighting is required along a private street. 11.12.210 TRAFFIC CONTROL. (a) Temporary traffic control to ensure traffic and pedestrian safety during construction activities must be provided by the property owner at the owner's expense. A plan meeting the approval of the City Engineer must be developed prior to starting construction activities. (b) The developer is responsible for supplying and installing all necessary permanent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization, all in accordance with City Standards and the MUTCD. (c) Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be perrdtted only in accordance with Engineering Standards and Warrants, and with approval by the City Engineer. 14 Transportation Development 11.12.220 UTILITY COMPANIES. (a) Subject to the rules, regulations and schedules of the WUTC for private utilities, utility companies with facilities in City right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the City in order for the relocation work to be the financial responsibility of the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or fight-of- way use agreement with the City, such agreement shall control any relocation requirement. (b) All new utility transmission, distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, television, cable, Internet cable, and all other telecommunications shall be installed underground unless otherwise provided in a franchise agreement or fight-of-way agreement. (c) Above ground utility devices (e.g. poles and transformers) shall be located as shown in the Engineering Standards and shall not under any circumstances reduce the unobstructed width of the sidewalk to less than 42-inches. (d) Utility companies are subject to the Department of Public Works and Utilities policies regarding "Type B Right-of-Way Use", "Elimination of Nuisance Utility Poles", "Trenching in the Right-of-Way", and other policies as prepared and updated by the Director. 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. No new development, redevelopment, and maintenance of existing conditions (e.g. parking, vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Director. Specific criteria for identification of sight obstructions are set forth in the City's Engineering Design and Construction Standards. 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. (a) The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one-foot-high object in the center of a sidewalk or shoulder and located 15 feet away from either edge of the driveway throat when the driver's eye is 15 feet behind the back of the sidewalk. (b) The minimum sight distance defined in Section 11.12.250(a) shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc. are located adjacent to or in close proximity to a pedestrian walkway. (c) Sight lines to traffic control devices such as signs, signals, etc. shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. 11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT-OF- WAY. (a) Construction in the right-of-way including trenching, excavation and pavement restoration shall be in accordance with the Engineering Standards. (b) Public street pavement shall not be degraded by trenching, excavation, and pavement restoration activities without due compensation to the City. Deviations to Section 11.12.250(a) may be approved by the Director of Public Works and Utilities upon written request by the applicant and demonstration of a satisfactory alternative. 15 Transportation Development (c) A five-year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street. Deviations to Section 11.12.250(c) may be approved by the Director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. 11.12.260 VIOLATION - PENALTY. (1) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 6 Section 13.10.080 of the Bremerton Municipal Code entitled "Planting, Pruning, Removal, and Maintenance Standards" is hereby amended to read as follows: 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE ~TANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas of the City, including the rights-of-way, shall be in conformance with the City's Engineering Design and Construction Standards: (a) Planting: (1) All trees will be not less than one and one half inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) No tree or shrub will be planted closer than two feet from the curb line or 10 feet from a driveway or alley. Trees shall be spaced at intervals of at least 20 feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City's Engineering Design and Construction Standards. (3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of 4 feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (4) All young trees, for a minimum of one year, shall be securely staked and guyed until the roots become established. (5) Municipal trees and shrubs planted prior to the passage of this ordinance are exempt from these planting standards. (6) A list of reconmaended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Urban Forester prior to planting, if it is not on the recommended species list. (7) Public Education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. 16 Transportation Development (b) Pruning: Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's City Urban Forester or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined: i. Fine Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half inch in diameter. ii. Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one inch in diameter. iii. Safety Pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. iv. Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight feet. The provisions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right of way which is not pruned as herein provided shall be subject to the provisions of Section 13.10.090 of this chapter. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal: (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for furore planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this ordinance. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance: (1) All municipal trees will receive routine maintenance on a 4 year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three years. (3) The use of biological controls and sprays will be encouraged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights of way. 17 Transportation Development SECTION 7. Chapter 11.10 of the Bremerton Municipal Code entitle "Sidewalks - Duties of Abutting Property Owners" is hereby amended to read as follows: Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be the duty of It is unlaw~al f~r the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to constmct, place, cause, create, maintain, or permit to remain upon any part of said fight-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public including, but not limited to, the following conditions: (al) Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (~_2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction; (e_3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (d~_) Defective conditions caused by tree limbs, foliage, brash or grass on or extending over such public sidewalks or rights of way; (e5) Defective conditions on the planting strip, unless posted for parking. (~_6.6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (g7) Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter. (h_8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. (Ord. 4260 §5, 1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971) (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one person, firm or family and not included in paragraph (1) above the term "person occupying property" shall mean each of the owners or occupants of such building whose 18 Transportation Development premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adiacent to their premises. 11.10.9~9920 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for/and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer. 11.10.040030 SIDEWALK RELOCATION. Any person, fkm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord. 2968 §3, 1971) 11.10.040 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. 11.19.959 D~T* · wv ~r~D X~Tr~T * a-Tr~ 1.12. SECTION 8. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not t9 Transportation Development affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the~ day of ~0~z.,a.-- ,2003 PASSED by the City Council the ,R,~.~ day of ~ ,2003 [ a CAROL AP. ENDS, Council President Approved this ~.~J~) day of ~ ~)~_~ ~ CARY B~DZEMAN, Mayor KATI~LEENfCr~'LUSKEJ¢, Ci~ CI~.~lt/ ROX~ER A. LUBOVICH, City A~o~gJ~ PUBLISHED the ~ day of ~ ,2003 EFFECTIVE the ,/,~..O~ day of ~r~._.nL~ ,2003 ORDINANCE NO. o' R:\LEGAL\OrdinanceskPublic Works & Utilities\Transportation Development Code, Ordinance.doc 20 Transportation Development AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100058779 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: June 2, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $39.33 amount has not been paid in full. ~"'¢ *'. ............ ~'x~,/~¢ (Signature of Principal Clerk) S ubst:~l~d s~vom'~o'b~o-~e me this day of June 6, 2003 ............. Notary Pubh~tltll~h~' the State of Washington, Kitsap County. ORDINANCE NO. 4856' AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, relating to transportation and repealing Chapter 15.01.100 and replacing it with a new Chapter 15.01.100, amending certain sections of Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adding a new Chapter 11.12 entitled Transportation Development Code, and amending Section I3.10.080.- APPROVED by the City Council the 21st day of May, 2003.- PASSED by the City Council the 28th day of May, 2003.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- June 2, 2003° · #100058779-