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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, ----- 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: ---- (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~ ~-- 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