002-19 - Ordinance - Establishing Street Cut Prohibition on Newly Paved Streets, Amend. Sections 12.04.020 and 20.24.080oRDtNANCE NO. 002-19
AN ORDIINANCE OF THE CITY OF PORT ORCHARD, WASH NGTON,
ESTABL SH NG A STREET CUT PROHIB TION ON NEWTY PAVED STREETS;
AMEND NG SECTIONS T2.O4.O2O AND 20.24.080 OF THE CITY OF PORT
ORCHARD MUN CIPAL CODE; PROVID NG FOR SEVERAB LITY; AND
ESTABLISHING AN EFFECT VE DATE.
WHEREAS, The City of Port Orchard owns and maintains a transportation system that is
vita! to the City's economic vitality and the City's quality of life, and is an important public
function; and
WHEREAS, the City wishes to minimize pavement degradation, maintain the structural
integrity of streets, maintain a smooth riding surface for all modes of transportation, and limit
negative visual impacts; and
WHEREAS, street cuts and trenching for utilities can seriously impact the condition and
usefu! life of City streets; and
WHEREAS, by establishing a Street Cut Prohibition, contractors and/or utilities companies
with proposed projects that require trenching/excavation within public roadways can more
effectively coordinate and plan the installation of utilities with minimal impact to the condition
and useful life of City streets; now, therefore,
THE C TY COUNCIL OF THE C TY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1: Section t2.O4.O20 of the Port Orchard Municipal Code is hereby amended to
read as follows:
12.04.020 Compliance Required for Permit
(1) The Public Works Director shall grant such permit only upon compliance with terms and
conditions set forth in POMC L2.O4.020 through L2.O4.100.
(2) No permit shall be issued under this Chapter for work which requires cutting or excavating
the paved surface of any street, alley, or other public place for a period of five (5) years from the
completion of construction, resurfacing, or reconstruction of that surface; except that this
prohibition sha!! not apply to:
(a) Emergency repairs that could not have been anticipated or are necessary for the
protection of the public's health and safety, or
Ordinance No. 002-19
Page 2 of 3
(b) Work necessary to ensure continued service delivery to an agency's or utility's existing
customer; or
(c) Work for new utility services where no other reasonable means of providing service to
a building exists; or
(d) Work that is mandated by City, State, or Federal legislation; or
(e) Work deemed by the Public Works Director to be in the best interests of the City.
Any approved work that requires cutting or excavating of the paved surface of any street,
alley, or other public place within the five-year period from the completion of resurfacing or
reconstruction of that surface requires a waiver, as a function of permit approval from the
City; and the permittee must restore the pavement according to the currently adopted City
of Port Orchard Public Works Engineering Standards and Specifications for pavement
restoration.
SECTION 2: Section2O.24.O80 of the Port Orchard Munici pal Code is hereby amended to read
as follows:
20.24.080 Project Review - Public Notice
(1) Within 10 business days of determining an application as technically complete, the
director shall:
(a) Transmit a copy of the application, or appropriate parts of the application, to each
affected government agency and city department for review and comment, including those
responsible for determining compliance with state and federal requirements. The affected
agencies and city departments shall have 15 business days to comment on the application.
The agency or city department is presumed to have no comment if comments are not
received within this 15-business-day period. The Public Works Director shall grant an
extension of time only if the application involves unusual circumstances.
(b) The Public Works Director shall provide for public notice of application, as set forth in
Chapter 20.25 POMC.
(2) Project review by the Public Works Director and appropriate city staff shall identify specific
project design and conditions relating to the character of the development, such as the details of
site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate
a proposal's probable adverse environmental impacts.
(3) The public notice and inter-agency communication set forth in this Chapter shall include
a statement regarding whether the project involves the construction, reconstruction, or
Ordinance No.002-19
Page 3 of 3
resurfacing of any street, alley or other public place and whether a five-year street cut prohibition
period, as outlined in Section L2.O4.O20, will be in effect.
(4) Except when a Iand use action is categorically exempt from SEPA, environmental review
shall be conducted concurrently with review of other proposed land use actions requested by an
applicant. When a proposed development requires more than one land use action, the applicant
may request concurrent review of all proposed land use actions.
SECTION 3: Severabilitv. lf a ny section, subsection, paragraph, sentence, clause, or
phrase of the Ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this Ordinance.
SECTION 4: Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication, as required by law. A summary of the Ordinance may be published
in lieu of the entire Ordinance, as authorized by State Law.
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 12th day of March, 2OI9.
Robert P
ATTEST:
n yR ne arson, MMC, City Clerk
APPROVED AS TO FORM:
n Cates, City Attorney
PUBLISHED: March 22, 2Ot9
EFFECTIVE DATE: March 27,2OL9
SPONSOR:
n.n'r1)L
Scott Diener, Councilmember
n
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 March 12, 2019.
ORDINANCE NO. 002-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A STREET CUT PROHIBITION ON NEWLY PAVED STREETS;
AMENDING SECTIONS 12.04.020 AND 20.24.080 OF THE CITY OF PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 002-19 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. 002-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 22, 2019