030-16 - Ordinance - New Chapter 12.30 Complete Streets ProgramORDINANCE NO. 030-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO COMPLETE STREETS AND ESTABLISHING A NEW
CHAPTER 12.30 OF THE PORT ORCHARD MUNICIPAL CODE
CHAPTER TO THE SAME EFFECT; PROVIDING FOR SEVERABILITY
AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2011 the Washington State Legislature passed the Complete Streets Act (the
"Act"), codified in Section 47.04.320 - .340 of the Revised Code of Washington (RCW), which
encourages local governments to adopt their own urban arterial retrofit street ordinances (also
referred to as "complete streets") designed to provide safe street access to all users, including
bicyclists, pedestrians, motorists, and public transportation users; and
WHEREAS, the goals of the Act and encouragement of local complete street ordinances are
to: (a) promote healthy communities by encouraging walking, bicycling, and using public
transportation; (b) improve safety by designing major arterials to include features such as wider
sidewalks, dedicated bicycle facilities, medians, and pedestrian streetscape features, including
trees where appropriate; (c) protect the environment and reduce congestion by providing safe
alternatives to single-occupancy driving; and (d) preserve community character by involving
local citizens and stakeholders to participate in planning and design decisions; and
WHEREAS, the Act established a grant program (RCW 47.04.320) to help local governments
pay for complete streets projects (the "Complete Streets Grant Program"); and
WHEREAS, to be eligible for grant funds administered by the Complete Streets Grant
Program a local government must adopt a complete streets ordinance that plans for the needs
of all users and is consistent with sound engineering principles, pursuant to RCW
47.04.320(2)(b) and (3); and
WHEREAS, the City of Port Orchard's (the "City") comprehensive plan provides policy
guidance and support for the installation of pedestrian and bike infrastructure; mass transit;
multi-modal facilities, and integrated transportation infrastructure; and
WHEREAS, the City of Port Orchard (the "City") desires to adopt complete streets
regulations that are consistent with the Act and that will allow the City to be eligible for
Complete Streets Grant Program funding opportunities; now, therefore,
Ordinance No. 030-16
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this Ordinance as
findings in support of this Ordinance.
SECTION 2. New Chapter 12.30 POMC Adopted. A new Chapter 12.30 of the Port Orchard
Municipal Code (POMC) is hereby adopted as follows:
Chapter 12.30
COMPLETE STREETS PROGRAM
Sections:
12.30.010 Purpose; Goals.
12.30.020 Definitions.
12.30.030 Exemptions.
12.30.040 Implementation; Design standards.
12.30.050 Performance standards.
12.30.010 Purpose; Goals.
(1) Purpose. The purpose of this chapter is to establish the city's "Complete
Streets Program" to ensure that all users are planned for in the construction of
all city transportation improvement projects as outlined in the city's
comprehensive plan and detailed in the city's adopted six-year transportation
improvement plan. Under its Complete Streets Program, to the maximum extent
practicable, the city will scope, plan, design, construct, operate, and maintain
appropriate facilities to provide safe street access to all users.
(2) Goals. The goals of the city's Complete Streets Program are to:
(a) encourage healthy, active living;
(b) reduce traffic congestion and fossil fuel use;
(c) improve the safety and quality of life of residents in the city by providing
safe, convenient, and comfortable routes for walking, bicycling, and public
transportation; and
Ordinance No. 030-16
Page 3 of 6
(d) foster partnerships with all Washington state transportation funding
agencies, including the Washington State Department of Transportation
(WSDOT), as well as the Federal Highway Administration, Kitsap County,
Kitsap Transit, South Kitsap School District, citizens, businesses, interest
groups, neighborhoods, and other interested parties to implement the city's
Complete Streets program.
(e) The city's Complete Streets Program will also improve street connectivity
for all modes of transportation.
12.30.020 Definitions.
For the purposes of this chapter, the following words shall be defined as follows:
(1) "Complete Streets" means infrastructure that is designed to contribute to a
safe, convenient, or comfortable travel experience for users. Complete Streets
may include, but are not limited to, features such as: sidewalks; shared use
paths; bicycle lanes; automobile lanes; paved shoulders; street trees and
landscaping; planting strips; curbs; accessible curb ramps; bulb outs; crosswalks;
refuge islands; pedestrian and traffic signals, including countdown and accessible
signals; signage; street furniture; bicycle parking facilities; public transportation
stops and facilities; transit priority signalization; traffic calming devices such as
rotary circles, traffic bumps, and surface treatments such as paving blocks,
textured asphalt, and concrete; narrow vehicle lanes; raised medians; and
dedicated transit lanes.
(2) "Street Project" means the construction, reconstruction, retrofit,
maintenance, alteration, or repair of any city street and includes the planning,
design, approval, and implementation processes, except that "Street Project"
does not include minor routine upkeep such as cleaning, sweeping, mowing, spot
repair, or interim measures on detour routes.
(3) "Users" means individuals, of all ages and abilities, or vehicles that use city
streets, including, but not limited to, pedestrians, bicyclists, drivers, public
transportation vehicles and riders; and freight.
12.30.030 Exemptions
(1) The Complete Streets Program accommodations provided for in this chapter
are not required to be implemented for the following street projects:
Ordinance No. 030-16
Page 4 of 6
(a) Where their establishment would be contrary to public health and safety;
(b) Where non-motorized use is prohibited, such as interstate freeways;
(c) Where a documented absence of current or future need exists;
(d) Where their establishment would have a significant adverse
environmental impact to streams, wetlands, steep slopes, or other critical
areas;
(e) When the cost of accommodation is excessively disproportionate to the:
cost of the project; community need; probable future use; or is more
than twenty percent (20%) of the project cost;
(f) Where their establishment would have a significant adverse impact on
neighboring land uses, including impacts from right-of-way acquisition;
(g) When ordinary maintenance of the transportation network is performed
that does not change the roadway geometry or operations (e.g., mowing,
cleaning, sweeping, spot repair, surface treatments such as chip seal, interim
measures on detour or haul routes, etc.); or
(h) Where the public works director grants a documented exception for a
specific situation where conditions warrant; such site-specific exceptions
shall not constitute general changes to the city's street standards.
(2) Any requested exemptions based on the above shall be reviewed by the
public works director and must be approved by the city council in conjunction
with the annual adoption of the city's six-year transportation improvement plan.
12.30.040 Implementation; Design standards.
(1) Complete streets may be achieved through single projects or incrementally
through a series of smaller improvements or maintenance activities over time.
All allowable sources of transportation funding should be drawn upon to
implement complete streets. Maximum financial flexibility is important to
implement complete streets principles.
(2) Existing Infrastructure. As feasible, and pursuant to this chapter, the city shall
incorporate complete streets infrastructure into existing public and private
Ordinance No. 030-16
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streets to create a comprehensive, integrated, connected transportation
network for the city that balances access, mobility, health, and safety needs of
pedestrians, bicyclists, transit users, motorists, emergency responders, freight
and users of all ages and abilities, ensuring a fully connected, integrated network
that provides transportation options.
(3) New Construction. The city will plan for, design, and construct all new
transportation projects to provide appropriate safe access accommodation for
users in a comprehensive and connected infrastructure network.
(4) To implement the city's Complete Streets Program, the public works director
shall modify, develop, and adopt policies, design criteria, standards, and
guidelines based upon recognized best practices in street design, construction,
and operations, including, but not limited to, the latest editions of American
Association of State Highway Transportation Officials (AASHTO), Institute of
Transportation Engineers (ITE) and National Association of City Transportation
Officials (NACTO), while reflecting and enhancing the context and character of
the surrounding built and natural environments.
12.30.050 Performance standards.
The city shall establish performance standards with measurable benchmarks to
continuously evaluate the city's Complete Streets Program for success and
opportunities for improvement. Performance standards may include
transportation and mode shift, miles of bicycle facilities or sidewalks, public
participation, number of ADA accommodations built, and number of exemptions
from this chapter that have been approved.
SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting
of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five
days after publication, as provided by law.
Ordinance No. 030-16
Page 6 of 6
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of September, 2016.
ATTEST:
— Brandy Rinearson, CMC, City Clerk
Robert Putaansuu, Mayor
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APPROVED AS TO FORM: Sponsored by:
afon Cates, CityAttorney Scott Diener, Councilmember
PUBLISHED: September 23, 2016
EFFECTIVE DATE: September 28, 2016
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held September 13th, 2016.
ORDINANCE NO. 030-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO COMPLETE STREETS AND ESTABLISHING A NEW
CHAPTER 12.30 OF THE PORT ORCHARD MUNICIPAL CODE
CHAPTER TO THE SAME EFFECT; PROVIDING FOR SEVERABILITY
AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 030-16 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 030-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, September 23rd, 2016