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HomeMy WebLinkAbout5308 ORDINANCE NO. 5308 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 11 of the Bremerton Municipal Code entitled "Streets and Rights-of-Way" by amending sections of Chapter 11.02 entitled"Right-of Way Use"and Chapter l l.12 entitled "Transportation Development Code"relating to Low Impact Development. WHEREAS, the City Council desires to update the provisions of Chapter 11.02 and Chapter 11.12 of the Bremerton Municipal Code relating to Low Impact Development and to make related changes; 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"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)of the 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. I. "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. 1 Title 11 BMC-Streets and Rights-of-Way K. "Low impact development�LID)" shall mean a stormwater and land use mana�ement strategy that strives to mimic predisturbance h dy rologic processes of infiltration, filtration, storage, evaporation and transpiration bv emphasizin�conservation, use of on-site natural features, site plannin�, and distributed stormwater management practices that are inteQrated into a project desi�n. L. "Low Impact Development Best Mana,�ement Practices(LID BMPs)" shall mean disfibuted stormwater mana e� ment practices, inte�rated into a project design, that emphasize pre-disturbance hvdrologic processes of infiltration, filtration, stora��e, evaporation and transpiration. LID BMPs include, but aze not limited to, bioretention/rain arg dens,permeable pavements,roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, veg_,etated roofs, and water re-use. �M. "Notice of violation" means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition. �N. "Oral directive" means a directive given orally by City personnel designated by the Director to conect or discontinue a specific condition. �40. "Permit" means a document issued by the City granting permission to engage in an activity not allowed without a permit. �P. "Permit Center" means the location for applying for permits. 94. "Permittee" means the person so designated on the permit application, or designee. �R. "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. eS. "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 of vehicles, pedestrians or equestrians. � �T. "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. �U. "Revocation" means the cancellation of a permit. �V. "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, LID BMPs, planter strips and vegetated LID facilities, bikeways,parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. �W. "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. �X. "Suspension" means the temporary stay of a permit. �Y. "Underground location service" means the underground utilities location center that will locate all underground utilities prior to an excavation. �Z. "Unsafe condition" means any condition which the Director determines is a hazard to health, or endangers the safe use of the 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. 2 - - Tatle 11 BMC Streets and Rights-of Way SECTION 2. Section 11.12.080 of the Bremerton Municipal Code entitled "Design and Construction Engineering Standards and Deviations" is hereby amended to read as follows: 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, a11 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. (4) WSDOT Local Agency General Special Provisions (GSPs) for Permeable Pavement. (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 BMC l 1.12.030(fl are met. SECTION 3. Section 11.12.090 of the Bremerton Municipal Code entitled "Dedication of Right-of-Way" is hereby amended to read as follows: 3 Title 11 BMC-Streets and Rights-of-Way 11.12.090 DEDICATION OF RIGHT-OF-WAY. The Ciiy 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 nonmotorized transportation, landscaping, LID BMPs, utility, street lighting,traffic control devices, and buffer requirements; and (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. SECTION 4. Section 11.12.110 of the Bremerton Municipal Code entitled "Street Frontage lmprovements"is hereby amended to read as follows: 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 (1) or more of the following exceptions are met: (1) The property is undergoing redevelopment, is zoned as single-family residential, has one (1) single-family residence, and has less than two hundred(200) feet of tota.l frontage; (2) Adjacent street frontage improvements are unlikely 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, LID BMPs, 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 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 prior 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 4 � Title 11 BMC-Streets and Rights-of-Way 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. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision sha11 not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This orainance 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 ,�"� day of MQI� �jpil� , 2016 � � ERIC YO GER cil President Approved this �� day of�1 ?,lf��f�E'�2�i1' , 2016 ATTY LEN , yor ATTEST: APPROVED AS TO FORM: �—�1.-- SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City PUBLISHED the �a�� day of I�U�C��'j'l�r , 2016 EFFECTIVE the__�� day of U✓,2f'}?�l� , 2016 ORDINANCE NO. �$ R:\Legal\Legal\Ordinances\Public Works&Utilities\BMC Title 11-LID Update 2016.docx I 5 Title 11 BMC-Streets and Rights-of-Way ORDINANCE NO.5308 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 11 of the Bremerton Municipal Code entitled"Streets and Rights- of-Way" by amending sec- tions of the Chapter 11.02 entitled "Right-of-Way Use" and Chapter 11.12 entitled "Transportation Develop- ment Code" relating to Low Impact Development. PASSED by the City Council on the 2nd day of November, 2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. NOV.8,2016 AD#1348398 AFFIDAVIT OF PUBLICATION Account#342133 AD#1348398 STATE OF WASHINGTON COUNTY OF KITSAP I,Teresa Hull, 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 publi- cation 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 an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:And on November 8, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of$66.69.This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 8, 2016. 11)' sl :wo `. *•a�p�ss• lpp� �. • *OTA y'9•.!►? • *: X04 �cr' • AUBLIC :_ ���9j•.'& 2020• :Ses�`. OrdAva-kle . 530k