043-16 - Ordinance - Amending Title 12 Streets and SidewalksORDINANCE NO. 043-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE TITLE 12 (STREETS AND SIDEWALKS) TO COMPLY
WITH THE REQUIREMENTS OF THE WESTERN WASHINGTON PHASE II
STORMWATER PERMIT AND PROMOTE USE OF LOW IMPACT DEVELOPMENT
TECHNIQUES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Washington State Department of Ecology ("Ecology") administers federal
Municipal National Pollutant Discharge Elimination System ("NPDES") permit requirements in
western Washington through its adopted Western Washington Phase II Permit ("Permit"); and
WHEREAS, in 2012 Ecology issued a directive that all municipalities operating under the
Permit, including the City of Port Orchard ("City"), are required to update their local
development regulatrons to eliminate barriers to low impact development (''tlD") techniques
for stormwater management, no later than December 31, 2016; and
WHEREAS, the City has prepared amendments to Port Orchard Municipal Code
("POMC") Title 12, Streets and Sidewalks, to comply with Ecology's directive; and
WHEREAS, on November 7, 2016, the City provided required 14-day expedited notice of
its intent to amend its development regulations to the Department of Commerce; and
WHEREAS, on November 11, 2016, the City's SEPA official issued a determination of
non-significance for the proposed amendments and there have been no appeals; and
WHEREAS, on December 6, 2016, the Planning Commission held a duly-noticed public
hearing on the proposed amendments, and the Planning Commission recommended approval
of the proposed changes; and
WHEREAS, on December 13, 2016, the City Council approved the proposed
amendments (Ord. 043-16); now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
Ordinance No. 043-16
Page 2 of 6
SECTION 2. A new chapter is hereby added to POMC Title 12 as follows:
CHAPTER 12.02 GENERAL PROVISIONS
12.02.010 Purpose.
It is the purpose of this Title 12 POMC to provide for the orderly use of public
rights-of-way by establishing clear guidelines, standards, and timeframes for use
of the public rights-of-way.
12.02.020 Authority
This Title 12 POMC is intended to provide the city with the broadest power
permitted by constitutional and statutory authority to preserve the public peace,
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health, safety, and welfare.
12.02.030 Interpretation; low impact development.
No requirement of this title shall be interpreted or applied in such a way as to
impose a barrier to low impact development. All requirements of this Title that
have an effect on use of Low Impact Development may be met using functionally
equivalent Low Impact Development practices as specified in the Stormwater
Permit, the Stormwater Manual, or any Low Impact Development general
specifications adopted by the City.
12.02.040 General duty.
Nothing in this Title 12 POMC is intended to create a cause of action or claim
against the City of Port Orchard or its officials, employees, or agents running to
specific individuals. Any duty created by the ordinances codified in this Title is a
general duty running in favor of the public.
SECTION 3. POMC Chapter 12.16, Undergrounding of Utilities, is hereby
amended to read as follows:
12.16.110 Design standards.
(1) All conductors, switches, transformers, regulating devices, poles, brackets,
and vaults shall be installed in accordance with applicable national, state and
local safety standards. All other structural devices shall be designed in
Ordinance No. 043-16
Page 3 of 6
accordance with the provisions of the International Building Code adopted by
the city, and all other applicable ordinances and regulations of the city as its
building code.
(2) Installation.
(a) All underground facilities provided for herein shall be installed in such
manner as to be coordinated with underground water, sewer, and gas pipelines,
and with traffic control and other signal systems. Whenever such coordination
requires installation practices more restrictive or demanding than the minimum
standards required by applicable national, state and local codes and safety
standards, the requirements of such coordination shall govern and be
controlling.
(b) For streets and sidewalks constructed with permeable materials, utilities shall
maintain a minimum of one (1) foot separation from the bottom of the
permeable storage section.
(3) Subject to any applicable rates and tariffs, all vaults, manholes, ventilation
gratings, and access covers and conduits in public rights-of-way shall be strong
enough to withstand 10,000 pounds wheel load. The utility may, at its option,
elect not to comply with the said wheel load requirement as to such facilities not
on the traveled portion of the street; providing, however, that the utility shall be
responsible for upgrading of the said facilities in the event of widening of the
traveled portion of the street.
(4) Any equipment and facilities excepted from underground requirements or
otherwise permitted to be installed aboveground except for poles, pole-
mounted equipment, and aerial lines shall be:
(a) Placed within an enclosure or within the building or structure being served, or
be suitably screened in accordance with the landscape requirements of the city
code.
(b) The utility shall be responsible for the installation, maintenance, repair, and
replacement of the sight screening materials and barrier when the real property
on which the aboveground facility is located is owned by the utility.
(c) When the aboveground facility is located on real property not owned by the
utility, the owner of such real property shall be responsible for the installation,
maintenance, repair, and replacement of the aforementioned screening
materials and sight barrier.
Ordinance No. 043-16
Page 4 of 6
(5) Space frames and structural arrangements for holding equipment or facilities
shall be designed to have an uncluttered and neat appearance.
(6) Streets shall be excavated to subgrade prior to the installation of
underground facilities as determined by the city's public works department.
SECTION 4. POMC Chapter 12.24, Street Use Permits, is hereby amended to
read as follows:
12.24.070 Criteria for approval.
Factors for the director's consideration in evaluating an application for a permit
include, but are not limited to:
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(1) The applicant's constitutional rights;
(2) The impact of the proposed use on the following:
(a) The paramount purpose of streets for travel and transportation;
(b) Utilities; authorized secondary street uses; and any use being made by the
public of the site;
(c) Fire access and public safety;
(d) Uses under permit; street trees; and other proposed or past uses of the site;
(e) Rights of light, air, and access and lateral support of abutting properties and
on access or easements of properties dependent upon the public place for
access;
(f) The environment, including but not limited to efforts to minimize impervious
surface, loss of native vegetation, and stormwater runoff;
(g) Drainage, surface and underground; springs and watercourses; and the
stability of soils; and
(h) Where applicable, city land use, transportation, open space, shoreline, and
beautification policies and approved neighborhood land use plans;
(3) The abutter's property rights;
(4) The public and private benefits of the proposed use;
(5) The site and its terrain;
Ordinance No. 043-16
Page 5 of 6
(6) In addition to the considerations listed above, where the following situations
occur, factors for consideration include:
(a) For public places used as parks or open space, the impact of the proposed use
on their character as a park drive or boulevard, or as open space;
(b) For shoreline street ends, their purpose to provide the public with visual or
physical access to the water and the shoreline;
(c) For environmentally critical areas, the requirements of POMC Title 18.
12.24.080 Approval of street use permit.
(1) If the application conforms to the requirements of this chapter, all other
applicable codes and the proposed use is consistent with the rights of the public,
the director may approve the application; fix the duration and the terms or
conditions of the permit; and when required, upon the applicant's furnishing of a
~posit or surety bond, insurance, covenant, and indemnification (as reql.Jired ~y __
POMC 12.24.090 through 12.24.140), and payment of all required fees, issue the
permit. The original permit shall remain in the custody of the city, and a copy ·
shall be given to the permittee and shall be posted or available at the site.
(2) The permit shall specify the portion of the public place that may be occupied,
the dates or days and hours of use, and the allowed use. The permit shall only be
valid for the portion of the public place, the dates or days and hours of use, and
the use as identified on the permit. Every permit shall include the language in
POMC 12.24.150(1) on the face of the permit.
(3) Every permit shall be conditioned to state that all activities in the public place
shall implement stormwater best management practices (BMPs) in accordance
with the city's current Stormwater Manual, as amended. Failure to implement
stormwater BMPs shall be a violation of this Title and subject to enforcement.
SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 6. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
Ordinance No. 043-16
Page 6 of 6
SECTION 7. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 13th of December 2016.
A~
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Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
~~ saroncates}City Attorney
PUBLISHED: December 23, 2016
EFFECTIVE DATE: December 28, 2016
Robert Putaansuu, Mayor
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 December 13, 2016.
ORDINANCE NO. 043-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE TITLE 12 (STREETS AND SIDEWALKS} TO COMPLY
WITH THE REQUIREMENTS OF THE WESTERN WASHINGTON PHASE II
STORMWATER PERMIT AND PROMOTE USE OF LOW IMPACT DEVELOPMENT
TECHNIQUES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 043-16 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. 043-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 23rd, 2016