HomeMy WebLinkAbout3087ORDINANCE NO. 3087
AN ORDINANCE of the City of Port Angeles, Washington, related to
construction or excavation work within rights -of -way and
amending Ordinance 2166 as amended and Chapter11.08 of the
Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
is follows:
Section 1. Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles Municipal
Tode are hereby amended by amending PAMC 11.08.010, 11.08.020 and 11.08.050 to read as
Follows:
11.08.010 Definitions. All definitions of terms in Title 11 of the Port Angeles Municipal
,Zode and tfhe following definitions shall apply to the provisions of this Chapter, unless the
.ontext shall indicate otherwise:
A. "Applicant" means any person making application for a permit for construction
)r excavation work, pursuant to the terms of this Chapter.
B. "City" means the City of Port Angeles.
C. "City Council" or "Council" means the City Council of the City.
D. "City Engineer" means the City Engineer of the City of Port Angeles.
E. "Construction" or "excavation" means the act of opening, excavating, or in any
manner disturbing or breaking the surface or foundation of any permanent pavement; the
establishment or alteration of any established grade or street; and the maintenance or removal of
a sidewalk or crosswalk, pavement, sewers, water mains, street lighting or appurtenances thereto.
F. "Easement" means any easement granted to the City for access to or for public
,itilities.
3. "Person" means any person, firm, partnership, association, corporation, company, service
G. "Person" means any person, firm, partnership, association, corporation, company,
service provider or non - service provider as defined under Chapter 11.14, or organization of any
:rind.
H.fr. "Permittee" means any person holding a permit from the City of Port Angeles for
he performance of any construction or excavation work within a right -of -way of the City.
I.I+ "Right -of -way" means_
• 1 1 .••
.'L UDU1JII UJLS -rrl
�vtm,nnicn may ocatca a street, ;
, airy,
appnrtt.nalice. A right- of-way oreascarcat is included vvithin the definition of "Right -of-Vc . " • whether such right -of- urrently used or not.
(1) A dedicated or owned right -of -way or easement of the City within the
boundaries which may be located a street, highway, sidewalk, alley, avenue or other structure
used for pedestrian or vehicular traffic or a utility structure or appurtenance. A right -of -way or
easement is included within the definition of "Right -of -Way" whether such right -of -way or
easement is currently used or not; or
(2) Land acquired or dedicated for a street, highway, sidewalk, alley, avenue or
other structure used for pedestrian or vehicular traffic, or a utility structure or appurtenance and
easements for which, under City ordinances and other applicable laws, the City has authori ty to
grant use permits, master permits, franchises, licenses or leases for use thereof or has regulatory
authority thereover, and which may be more specifically defined in the master permit, license
or lease granting any right to or use thereof.
J. "Permit, Use Permit, Right -of -Way Use Permit, or Right -of -Way Construction
Permit" refer to the legal authorization, in addition to a master permit, to enter and use a specified
portion of the City's rights -of -way for the purpose of installing, repairing, or removing identified
facilities.
K.;l: "Work" means any construction or excavation within a right -of -way of the City.
"Work" does not include routine maintenance or new service connection drops to customers,
µnless such maintenance or service connection drops are new pole attachments or disturb the
ether joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic.
;Ord. 2166 §1, 9/1/81)
11.08.020 Permit - Required. It is unlawful for any person to perform any work in a City
right -of -way without first having obtained a permit therefor from the City Engineer as provided
in this Chapter. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §2, 9/1/81)
A. The City may require that a service provider constructing, relocating, or placing
ducts or conduits in public rights -of -way provide the City with additional ducts or conduits and
related structures necessary to access the conduit, consistent with RCW 80.36.150.
B. Notwithstanding any other provision of this Chapter, the City may negotiate an
, greement with a service provider constructing, relocating, or placing ducts or conduits in public
- ights -of -way to provide the City with additional ducts or conduits and related structures
:iecessary to access the conduit.
11.08.050 Permit - Application Processing.
A. Notwithstanding any other provision of this Chapter, the City must act on a
-equest for a use permit or right -of -way construction permit within thirty (30) days of receipt of
completed application, unless the applicant consents to a different time period or the applicant
,1as not obtained yet a master permit required by the City.
B.A. The City Engineer shall examine each application to determine if it complies with
;he provisions of this Chapter. The City Engineer shall cause to be inspected the premises which
are desired to be used, or otherwise ascertain any facts which may aid in determining whether a
--)ermit shall be granted.
C.W If the City Engineer finds that the application conforms to the requirements of this
Chapter, and that the proposed work will not unduly interfere with the right of the public in the
- ight -of -way, he may grant the permit.
D.e If an application is denied, the applicant may appeal the denial by the City
3uilding Official to the Director of Public Works. The director of Public Works shall review the
application, to ascertain that the denial is based upon nonconformance of the application with the
erms of this Chapter, and/or a determination that the proposed work will interfere with the rights
of the public in the right -of -way.
E.1307 If the Director of Public Works upholds the denial of the permit, the applicant may
appeal the Director of Public Works' denial to the City Council. The City Council shall review
he application, on the same basis as the application was reviewed by the Director of the
Department of Public Works. (Ord. 3018 §1 (part), 5/14/99; Ord. 2166 §5, 9/1/81)
-2-
Section 2 - Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 3 - Effective Date. This Ordinance shall take effect five days after the date of
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 18th day of June , 2001.
ATTEST:
Becky
. VI*
if on, fay Cler
PUBLISHED: June 24, 2001
By Summary
APPRIVED AS TO FORM:
Craig D. son, City Attorney
F:I ORDINANCES &RESOLUTIONWOO 1- I 5.ord.wpd
Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 18, 2001
Ordinance No. 3082
This Ordinance of the City of Port Angeles amends Ordinance 2818 as amended and the
Comprehensive Plan by revising the City's planning areas to specifically designate the area east
of Race Street and the Port Angeles Urban Growth Area (UGA), by amending a policy in the
Commercial Goals and Policies section of the Land -Use Element to clarify the intent, by
amending policies in the Transportation Element to comply with the Growth Management Act,
by amending policies in the Utilities and Public Services Element to allow for City services and
facilities in the UGA without annexation, by adding a new item to the Objective section of the
Conservation Element to facilitate compliance with the Endangered Species Act, and by
amending sections of the Transportation Element, the Utilities and Public Services Element, and
the Capital Facilities Element as requested by the Nonmotorized Advisory Committee.
Ordinance No. 3083
This Ordinance of the City of Port Angeles regulates telecommunications facilities within City
rights -of -way, establishes fees for such facilities, and adopts Chapter 11.14 of the Port Angeles
Municipal Code.
Ordinance No. 3084
This Ordinance of the City of Port Angeles regulates pole attachments within the City of Port
Angeles and adopts Chapter 13.14 of the Port Angeles Municipal Code.
Ordinance No. 3085
This Ordinance of the City of Port Angeles establishes reasonable fees to cover the costs of the
Planning Department and Public Works Department associated with wireless
telecommunication towers and/or electric or telecommunications facilities and amends
Ordinance 2789 as amended and Chapter 3.70 of the Port Angeles Municipal Code.
Ordinance No. 3086
This Ordinance of the City of Port Angeles relates to the City's business license regulations and
the City's public utility tax for telecommunications businesses and amends Ordinances 2050
and 2183 as amended and Chapters 5.04 and 5.80 of the Port Angeles Municipal Code. This
Ordinance takes effect on January 1, 2002.
Ordinance No. 3087
This Ordinance of the City of Port Angeles relates to construction or excavation work within
rights -of -way and amends Ordinance 2166 as amended and Chapter 11.08 of the Port Angeles
Municipal Code.
Ordinance No. 3088
This Ordinance of the City of Port Angeles revises the City's right of way use regulations and
amends Ordinance 2350 as amended and Chapter 11.12 of the Port Angeles Municipal Code.
Ordinance No. 3089
This Ordinance of the City of Port Angeles regulates wireless telecommunication towers and
facilities within the City, establishes definitions, standards, and criteria for such facilities,
amends Ordinance 1709 as amended, and amends Chapter 17.08 and adopts Chapter 17.52 of
the Port Angeles Municipal Code.
Ordinance No. 3090
This Ordinance of the City of Port Angeles grants the Public Utility District No. 1 of Clallam
County, Washington, the non - exclusive right, privilege, authority, and franchise to own, operate
and maintain facilities on any street in the City for the sole purpose of transmission and
distribution of electric energy and repeals Ordinance No. 1200. This franchise shall take effect
five days after publication by summary, subject to acceptance by the District in accordance with
the provisions of the franchise.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise
stated above, these Ordinances shall take effect five days after publication of these summaries.
Becky J. Upton
City Clerk
Publish: June 24, 2001