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"System Development and Construction Standards" is hereby repealed in its entirety and there is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.
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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.
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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
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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.
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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:
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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-