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ORDINANCE NO. 5 0 ~ 3
AN ORDINANCE of the City Council of the City of
Bremerton, . Washington, amending Chapter 11.02 of the
Bremerton Municipal Code entitled "Right-Of-Way Use".
WHEREAS, the City Council desires to update various provisions relating to
right-of-way use; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11.02.040 of the Bremerton Municipal Code entitled
"Definitions" relating to right-of-way use is hereby amended to read as follows:
11.02.040 DEFINITIONS.
The following words and phrases when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
A. "Citation and notice" means a written document initiating a proceeding pursuant
to Chapter 1.12 BMC.
B. "City inspector" means the designated employee(s) ofthe Department of Public
Works and Utilities assigned to inspecting the permitted work.
C. "City" means the City of Bremerton, Washington.
D. "Complaint" means a written document initiating a procedure pursuant to Chapter
1.12 BMC.
E. "Department" means the Public Works and Utilities Department or other
Department designated by the Mayor.
F. "Director" means the Director of Public Works and Utilities or his/her designated
representative.
G. "Emergency" means a condition of imminent danger to the health, safety, and
welfare of property or persons located within the City including, but not limited to, damage to
persons or property from natural or manmade consequences, such as storms, earthquakes, riots or
wars.
H. "Enforcement Officer" means the Director or his/her designated representative.
1. "Engineering Division" means the Engineering Division of the Department.
J. "Franchised utilities" means utilities that have City approval to use City rights-of-
way for the purpose of providing their services within or beyond the City, whether by written
franchise granted by the City, State tariff or other similar City authorization.
K. "Notice of violation" means a document mailed to a permittee or unauthorized
user and posted at the site of a nonconforming or unsafe condition.
L. "Oral directive" means a directive given orally by City personnel designated by
the Director to correct or discontinue a specific condition.
M. "Permit" means a document issued by the City granting permission to engage in
an activity not allowed without a permit.
N. "Permit Center" means the location for applying for permits.
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Right-Of-Way Use
O. "Permittee" means the person so designated on the permit application, or
designee.
P. "Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers.
Q. "Private use" means use of the public right-of-way for the benefit of a person,
partnership, group, organization, company, or corporation, other than as a thoroughfare for any
type ofvehic1es, pedestrians or equestrians.
R. "Policy" means a policy adopted by the Director to implement this chapter, or to
carry out other responsibilities as may be required by this chapter or by other codes, ordinances,
or resolutions of the City or other agencies.
S. "Revocation" means the cancellation of a permit.
T. "Right-of-way" means all public streets and property granted or reserved for, or
dedicated to, public use for street purposes, together with public property granted or reserved for,
or dedicated to, public use for walkways, sidewalks, bikeways, parking, and horse trails, whether
improved or unimproved, including the air rights, sub-surface rights and easements related
thereto.
U. "Stop work order" means an oral directive or a written notice posted at the site of
activity that requires all work to be stopped until the City approves continuation of work.
V. "Suspension" means the temporary stay of a permit.
W. "Underground location service" means the underground utilities location center
that will locate all underground utilities prior to an excavation.
X. "Unsafe condition" means any condition which the Director determines is a
hazard to health, or endangers the safe use ofthe right-of-way by the public, or does or may
impair or impede the operation or functioning of any portion of the right-of-way, or which may
cause damage thereto.
SECTION 2. Section 11.02.090 of the Bremerton Municipal Code entitled
"Applications and Processing of Permits" relating to right-of-way use is hereby amended to read
as follows:
11.02.090 APPLICATIONS AND PROCESSING OF PERMITS.
A. To obtain a right-of-way use permit the applicant shall file an application with the
Department.
B. Every application shall include the following information appropriate to the
proposed use:
1. A scale drawing showing the location of the proposed right-of-way use,
the location of the existing and proposed improvements, surface features such as curbs and
gutters, underground features such as the location of utilities, and the limits ofthe work area;
2. A description of the use;
3. The planned duration of the use;
4. Applicant contact information;
5. All other information which may be required as specified in policies
adopted hereunder;
6.
16.
Construction traffic control plan;
An estimate of construction costs; and
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Right-Of-Way Use
~+. Payment of the required fees.
C. The Director shall examine each application submitted for review and approval to
determine if adequate information is provided and if it complies with the applicable provisions of
this chapter and procedures adopted hereunder. Other departments that have authority over the
proposed use activity will review and recommend approval or disapproval of the application. If
the Director finds that the application conforms to the requirements of this chapter, he may
approve the permit, and may impose such conditions thereon as are reasonably necessary to
protect the public health, welfare and safety, to mitigate any impacts resulting from the use and
to coordinate activities or address potential conflicts with future improvements in the area.
D. All applications for permits must be submitted 10 working days or more prior to
the start of work or as required to obtain other City permits.
E. Upon submittal of a completed application the applicant shall provide the
application fee per the fee schedule adopted by the City. Permittees who have an approved
monthly billing status shall be billed accordingly.
SECTION 3. Section 11.02.110 of the Bremerton Municipal Code entitled
"Permit Exception" relating to right-of-way use is hereby amended to read as follows:
11.02.110 PERMIT EXCEPTION.
A. A right-of-way use permit shall not be required of franchised utilities when
responding to emergencies that require disturbance of the right-of-way typical of a Type B
permit provided, that the Department shall be notified by the responding utility or contractor
verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein
shall relieve a responding utility or contractor from the requirement to apply for a right-of-way
use permit as provided in this chapter within 48 hours after beginning emergency work in the
right-of-way.
B. Permits shall not be required for routine maintenance arid construction work
performed by the City.
C. Permits are not required for City Public Works and Utility Department
construction projects.
D. Permits are not required for the ordinary construction and maintenance of
landscaping or irrigation systems in the planter strip of the right-of-way. Blockage of the right-
of-way associated with ordinary maintenance of landscaping requires the appropriate permit.
SECTION 4. Section 11.02.190 of the Bremerton Municipal Code entitled
"Warning and Safety Devices" relating to right-of-way use is hereby amended to read as follows:
11.02.190 WARNING AND SAFETY DEVICES.
A. The permittee is responsible for the safety of the work area and shall provide and
maintain warning lights, safety devices, signs and barricades shall be provided by the permittee
on all rights-of-way when at any time there might be an obstruction or hazard to vehicular or
pedestrian traffic in accordance with the Specifications. Warning and safety devices may be
removed when the work for which the right-of-way use permit has been granted is complete and
the right-of-way restored to the conditions directed by the Department.
B. The Director may require an applicant te-shall submit a traffic plan showing the
proposed shoulder closures, lane closures, detour routing, parking removal and location and type
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Right-Of-Way Use
of warning lights, safety devices, signs and barricades intended to protect vehicular or pedestrian
traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required,
oo--No work in the right-of-way use permit will be issued allowed until the traffic plan is
approved.
C. The Director may require that the permittee provide a person certified as a
Washington State Traffic Control Flagger be on site during construction activities to monitor the
setup and maintenance of the warning and safety devices.
D. On right-of-way use permits that require a flagger for the purpose oftraffic
control during the construction, the flagger will be either a properly attired and certified
Washington State Traffic Control Flagger, or an off-duty law enforcement officer.
E. All decisions of the City inspector shall be final in all matters pertaining to the
number, type, location, installation, and maintenance ofwaming and safety devices in the public
right-of-way during any actual work or activity for which a duly authorized right-of-way use
permit has been issued. Lack of notice or comment by the City on the warning and safety devices
does not relieve the permittee of responsibility for the safety of the work area.
SECTION 5. Section 11.02.200 of the Bremerton Municipal Code entitled
"Temporary Parking Restriction Notification" relating to right-of-way use is hereby amended to
read as follows:
11.02.200 TEMPORARY PARKING RESTRICTION NOTIFICATION.
A. Where the Director determines that parking is a hazard to through traffic, or to the
construction work or other right-of-way activity, parking may be restricted either entirely or
during the time when it creates a hazard.
B. Parking restriction signs shall be placed at least 72 hours in advance of parking
removal, with the start date of the "no parking" clearly shown. The area to be restricted shall be
clearly marked with Type I barricades carrying signs that give the specific period (dates and
times) that the area is to be free of vehicles. Signs shall be large enough to be easily read from a
distance of 50 feet and shall advise where impounded vehicles will be stored or indicate a 24-
hour telephone number for obtaining that information.
C. The permittee shall be responsible for placement and maintenance of the signs.
Placement of the signs shall be as approved by the Director. The permittee shall notify the Gity
Director by telephone or otherwise when the signs are placed. No towing of vehicles shall occur
unless the signs are placed at least 72 hours prior to the beginning of the restricted parking.
D. All signs must be approved by the Director prior to placement, and must conform
generally to the following wording:
WARNING! TOW AWAY ZONE
NO PARKING
FROM: DATE & TIME
TO: DATE & TIME
FOR CONSTRUCTION WORK
ALL VEHICLES REMAINING WILL'BE TOWED
(IMPOUND INFORMATION)
E. In areas where parking spaces must be used in which fees are collected by the.
City for parking, the applicant shall pay the appropriate fees for uses ofthe parking spaces. No
permit shall be issued until the applicant shows proof of payment for the parking spaces.
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Right-Of-Way Use
SECTION 6. Section 11.02.210 of the Bremerton Municipal Code entitled
"Materials Testing" relating to right-of-way use is hereby amended to read as follows:
11.02.210 MATERIALS TESTING.
Material tests may be ordered by the Director to assure conformity with the
specifications. Material tests may include, but are not limited to: gradation analysis, compaction
testing, concrete strength, asphalt content analysis and pipe strength. When ordered by the
Director, the permittee shall have the material test performed by a certified laboratory and the
results provided to the GityDirector. Location and timing of material testing shall be coordinated
with the Director.
SECTION 7. Section 11.02.220 of the Bremerton Municipal Code entitled
"Performance and Warranty Deposits" relating to right-of-way use is hereby amended to read as
follows:
11.02.220 PERFORMANCE AND WARRANTY DEPOSITS.
A. Performance Deposit. A performance deposit ~shall be required to ensure
conformance with the plans, specifications, standards, permit requirements, development
guidelines and other requirements. The minimum amount of the performance deposit shall be
150% of the estimated value ofthe work er-and the estimated cost to repair damagerestore
existing improvements as determined by the Director. Performance deposits shall not be released
until a warranty deposit, if required, is received.
B. Warranty Deposit. A warranty deposit may-shall be required to warrant the
workmanship and material of constructed improvements in the right-of-way for a period of two
years. The minimum amount ofthe warranty deposit shall be twenty (20) percent ofthe value of
the actual construction costs.
C. Deposit Instruments. The deposit instrument for the performance or warranty
deposit shall be cash, a non-revocable letter of credit, an assignment of funds, bond or other
readily accessible source of funds approved by the City Risk Manager. The deposit instruments
shall be on a form acceptable to the City Risk Manager. Any issuer of a deposit instrument shall
pay invoices presented by the City pursuant to this chapter within forty-five (45) days. A bond
will be accepted only for amounts over one thousand dollars ($1,000.00) or when State law
requires a bond.
Interest on deposited funds will accrue to the benefit of the depositor, except that any
interest earned on a cash deposit will be retained by the City for account administration.
D. Notice of Incomplete or Defective Work. If the permitted work is determined to
be incomplete or defective, damage of existing improvements is observed, a defect is observed
during the warranty period or other activities which do not comply with the permit and require
corrective action by the permittee as determined by the Director, the Director shall notify the
applicant in writing prior to applying proceeds of the deposit to correct the work. The notice
must state:
1. The work that must be done or the improvement that must be made to
comply with the requirements of the permit or deposit; and
2. The amount of time that the applicant has to commence and complete the
required work or improvements; and
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Right-Of-Way Use
3. That, ifthe work or improvements are not commenced and completed
within the time specified, the City will use the proceeds of the deposit to have the required work
or improvements completed.
E. Default on Deposit.
1. If the work or improvements covered by the deposit are not completed
within the time specified in the notice given under this chapter, the City shall obtain the proceeds
of the deposit and do the work or make the improvements covered by the deposit. The City may
either have employees of the City do the work or make the improvements or have a contractor do
the work or make the improvements.
2. If at any time the Director determines that actions or inaction associated
with any permit work has created an emergency situation endangering the public health, safety,
or welfare, creating a potential liability for the City, or endangering City streets, utilities, or
property; and if the nature or timing of such an emergency precludes the notification of
applicants as provided in this chapter while still minimizing or avoiding the effects of the
emergency, the City may use the deposit to cover costs incurred by the City to correct the
emergency situation. The City may either have employees of the City do the work or make the
improvements, or have a contractor do the work or make the improvements. If the City uses the
deposit as provided by this section, the applicant shall be notified in writing within four (4)
working days of the commencement of emergency work. The notice must state the work that was
completed and the nature or timing of the emergency that necessitated the use ofthe deposit
without prior notification.
3. The permittee is responsible for all costs incurred by the City in doing ,the
work and making the improvements covered by the deposit. The City shall release or refund any
proceeds of a deposit remaining after subtracting all costs for doing the work covered by the
deposit. The permittee shall reimburse the City for any amount expended by the City that
exceeds the deposit.
4. In each case where the City uses any of the proceeds of the deposit, it
shall, within thirty (30) days, provide the owner of the permit an itemized statement of all
proceeds and funds used.
SECTION 8. Section 11.02.260 of the Bremerton Municipal Code entitled
"Nuisance in the Right-Of-Way" relating to right-of-way use is hereby amended to read as
follows:
11.02.260 NUISANCE IN THE RIGHT-OF-WAY.
A. Debris and Spilled Loads.
1. The owner or operator of any vehicle that has spilled, dropped, dumped or
in any manner whatsoever deposited any matter ("debris") upon the right-of-way shall cause the
right-of-way to be cleaned using suitable methods to the satisfaction of the DepartmentDirector.
Upon failure to do so the Department Director may cause to have cleaned the right-of-way and
the costs thereof shall be charged to the person or persons so responsible. The Department has
the authority to designate haul routes and time of day for operations involving hauling over
public right-of-way.
2. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon
rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to
the satisfaction of the Department. Upon failure to do so, the Department may issue an
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Right-Oj-Way Use
immediate stop work order, revoke City permits, and the responsible person or persons may be
directed to immediately clean the right-of-way to the satisfaction of the Department. Upon
failure to do so the Department may cause to have cleaned the right-of-way and charge the costs
thereof to the person or persons so responsible.
B. Unauthorized Property.
1. Any object, equipment, structure, or personal property ("property") which
occupies any right-of-way without the legal authorization required by this chapter is declared a
nuisance. The Department may attach a notice to any such property stating that if it is not
removed from the right-of-way within twenty-four (24) hours ofthe date and time stated on the
notice, the property may be taken into custody and stored at the owner's expense. The notice
shall provide an address and phone number where additional information may be obtained. If the
property is a hazard to public safety, it may be removed summarily by the City. Notice of such
removal shall be thereafter given to the owner, if known.
2. All expenses incurred by the City in abating the nuisance condition or any
portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to
the City jointly and severally by such persons who have been given notice or who own the
property or placed it in the right-of-way, which debt shall be collectable in the same manner as
any other civil debt.
C. Enforcement. If the nuisance debris or property has not been removed or
remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant
to BMC 11.02.320.
SECTION 9. Severabilitv. If anyone 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 10. 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.
PASSED by the City Council the J (b-J. ) day of & fJb~..I~
,2007
Approved this nl~ day of
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Right-Of-Way Use
ATTEST:
APPROVED AS TO FORM:
PUBLISHED the o1.4,(-.v day of ~f-U
EFFECTIVE the W->> day of
ORDINANCE NO. .$tJ0?3
CA.n'~L~ t#-
PAULA JOHNSTON, Ci C1 k
,2007
,2007
R:\Legal\Legal\Ordinances\Public Works & Utilities\Right of Way Use Ordinance.07.24.07.doc
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Right-Of-Way Use
AFFIDAVIT OF PUBLICA nON
Account # 42742 / Ad # 212841
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, 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
KITSAP 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, a weekly newspaper in 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 date, to wit:
September 24, 2007 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 $27.45 which
amount has not been paid in full.
c~t^J/ m~
(Signature of princiP~1 Clerk)
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ORDINANCE NO. 5023 )71'.., -o\:/ .. ",-0
\. OF 'v~/AS~\"{~
AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, amending Chapter 11.02 of
the Bremerton Municipal Code entitled "Right-Of-Way Use".
PASSED by the City Council the 19th day of September, 2007
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
September 24, 2007.................AD #20051312