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Home My WebLink About4857 ORDINANCE NO. 4 57 AN ORDINANCE of the City Council of the City of Bremerton, Washington, regarding use of City rights-of-wa~ and amending Section 11.02.080 of the Bremerton Municipal Code relating to Type C long-term permits. WHEREAS, the City currently allows the use of City right-of-way for uses that do not interfere with the public use by pedestrians and vehicles, are not detrimental to the public health and safety, are not aesthetically incompatible with the City's stxeetscape design standards; and WHEREAS, certain uses that meet these criteria require approvals that are for periods of time longer than that authorized by the current permit categories; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 11.02.080 of the Bremerton Municipal Code entitled "Right-of-Way Use Permits" is hereby amended to read as follows: 11.02.80 RIGHT-OF-WAY USE PERMITS. The following types of right-of-way use permits are established. A. Type A- Short-Term Use. 1. Type A permits may be used for use of right-of-way for up to four weeks for purposes which do not involve the physical disturbance of the right-of-way. 2. This type of use may involve disruption of pedestrian and vehicular traffic and may require inspections, cleanup and traffic control. For periods longer than four weeks these uses will be considered Type C, long-term use. 3. Type A permits include but are not limited to the following: a. Temporary street and sidewalk closures. b. Temporary blockage of streets and sidewalk, for uses such as dumpsters and scaffolding. B. Type B - Disturbance of the Right-of-Way. 1. T~vpe B permits may be issued for activities that alter the appearance or disturb the surface, or disturb the subsurface of the right-of-way on a temporary or permanent basis. Type B permits are also required for the initial construction of improvements within rights-of-way and private streets required to conform to City standards. Type B permits may be issued for up to 120 days. 2. Type B permits include, but are not limited to, construction activities associated with: a. Boring, jacking or pushing; b. Construction adjacent to the right-of-way that may physically impact the right-of-way; 1 ROW Type C Long-Term Permit c. Culverts; d. Curb cuts, handicap ramps and driveway approaches; e. Curbs, gutters, and sidewalks; f. Drainage facilities; g. Installation of landscaping; h. Painting; i. Paving; j. Street trenching; k. Utility Installation. C. Type C - Long Term Use. I. Type C permits may be issued for right-of-way use for activities for extended periods of time which will not further physically disturb the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use. The Type C permits shall be a revocable permit. Type C permits may be issued for a term of up to five (5) years except as provided for in subsection 7 below. 2. A Type B permit may be required for construction activities in conjunction with a Type C use. 3. Type C permits include but are not limited to: a. Accessory business activity such as: parking, displays and signage; b. Air rights; c. Bus shelters/stops; d. Construction site/haul roads; e. Fences; f. Recycle receptacles, dumpsters, and facilities; g. Special and unique structures such as: fountains, clocks, flagpoles, benches, kiosks, banners, street furniture, decorations, etc. h. Underground rights; i. Utility facilities; j. Waste facilities. 4. Utility facilities placed in the right-of-way under the authority of a franchised utility as defined in this chapter are exempt fi.om the requirement to obtain a Type C permit. 5. Type A uses that exceed four weeks duration will be treated as Type C uses. 6. Upon termination of a Type C permit, for which the perrnittee does not obtain a new permit, any improvements constructed in the right-of-way must be removed by the permittee and the area restored to its original condition or better. 7. Type C permits may be issued for fight-of-way use for an extended term not to exceed ten (10) years for activities which will not further physically disturb the right- of-way once in place such as the installation and maintenance of structures, facilities, and uses that involve capital expenditures and long-term commitment of use. Type C permits may be issued for an extended term under the following conditions: a. At the end of the permit period, the permit may be renewed upon request by the permittee and acceptance by the City for additional terms not to exceed ten (10) years. If the use of the right-of-way under the jurisdiction of a Type C permit is changed so 2 RO }Y Type C Long-Term Permit as to affect the installation permitted, thc Director of Public Works and Utilities shall require the permittee to remove the installation or modify the installation to acconunodate the new use of the right-of-way. The Director of Public Works and Utilities shall set the time for removal or modification. The time for removal or modification shall be at least 90 days after the date the request for removal or modification is submitted, unless the Director finds that a lesser amount of time is in the best interest of the public. All expenses for removal and/or modification of the permitted installation shall be borne by the permittee. b. A Type C permit will not be issued for the extended term unless the City determines that there is no reasonable likelihood that the City will need to utilize the area for which the permit is granted within the permit term, and that the proposed use is consistent with the City's Comprehensive Plan, and that the use is not detrimental to the public health, safety or welfare, and that the proposed use is not aesthetically incompatible with the City's streetscape standards. c. In the case of a proposed use that is necessary to protect a governmental installation from possible terrorist attack, the City ma,/waive any of the requirements of this section. d. The City shall impose such fees as are appropriate to cover the City's cost associated with processing the application and that takes into account the value of the land used, the length of use, and lost revenue to the City, if applicable. D. Type D - Franchised Utility Routine Maintenance Permit. 1. Type D permits may be issued for franchised utilities as defined in this chapter to perform routine maintenance on existing overhead lines and for entry into existing underground facilities. The permit will be valid for this work within the city boundaries. Type D permits may be issued for up to one year. 2. Type D permits will not involve physical disturbance of the right- of-way. 3. Type D permits may be revoked if the permittee does not adequately and consistently comply with the permit conditions or requirements of this chapter. In the event that the Type D permit is revoked, the permittee must obtain a Type A permit for each work site. F~. Assignment of permit. Permits cannot be assigned or transferred, subleased or used for any purpose not specified in the permit without prior written permission of the City. Any attempt to assign or transfer an interest in a permit without such prior written permission shall be cause for immediate termination. SECTION2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. 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. 3 ROW Type C £ong-Term Permit APPROVED by the City Council the o7./~ day of /U.~.~_ ,2003 PASSED by the City Council the~l~ak,L~ day of '~o .~,_ ,2003 CAROL ARENDS, Council President Approved this ~ day of ~ ,2003 CARY BOZEMAN, Mayor ATTEST:/..D /.-'-) .,~ APPROVED AS TO FORM: KA~H~,~I2~'~S'I~, ~ity C~ ~ -R~ER A~VIC~~y P~LIS~D the ~ day of ~ ,2003 EFFECT~E the ~day of~ ,2003 O~CE NO. ~ R:XLEGAL5Ordinances~ublic Works & Utilities~OW T~e C Long Tern Pe~t.doc 4 ROW Type C Long-Term Permit AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100058783 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 Bremenon, 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 antount of the fee charged for the foregoing publication is the sum of $29.11 amount has not been paid in full. ¢ ~ ..........· x/'/r.~% (Signature of Principal Clerk) Su~sc~lual~l,~l!~4~ll~o ~c~ore me this day of June 6, 2003 _ . %? w^&5,, IIIII111111B%%~[?~ ...... L:- -.OB - Notary Pubhc m and ~or the ~tate or wasnmgt , Kltsap County ORDINANCE NO. 4857' AN ORDINANCE of the City Council of the City of Bremerton, Washington, regarding use of City rights-of-way and amending Section 11.02.080 of the Bremerton Municipal Code relating to Type C long-term permits.- 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- June 2, 2003- ° #100058783-