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HomeMy WebLinkAbout3366• • ORDINANCE NO. V366 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapters 11.08, 11.12 and 11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights -of -way. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3022, as amended, and Chapter 11.08 of the Port Angeles Municipal Code are hereby amended by amending Sections of Chapter 11.08 PAMC to read as follows: 11.08.010 Definitions. All definitions of terms in Title 11 of the Port Angeles Municipal Code and the following definitions apply to the provisions of this Chapter, unless the context shall indicate otherwise: A. "Applicant" means any person making application for a permit for construction or 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.. -, and the planting or removal of street trees. F. "Easement" means any easement granted to the City for access to or for public u 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 kind. H. "Permittee" means any person holding a permit from the City of Port Angeles for the performance of any construction or excavation work within a right -of -way of the City. I. "Right -of -way" means: 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.- or approved street tree or landscaping. 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 tilities. -1- • • 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 authority 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. "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, 'unless such maintenance or service connection drops are new pole attachments or disturb the other joint pole users or the roadbed or in any substantial manner obstruct the flow of traffic. 11.08.050 Permit - Application Processing. A. Notwithstanding any other provision of this Chapter, the City must act on a request for a use permit or right -of -way construction permit within thirty (30) days of receipt of a completed application, unless the applicant consents to a different time period or the applicant has not obtained yet a master permit required by the City. B. The City Engineer shall examine each application to determine if it complies with the 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 permit shall be granted. C. 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 right -of -way, he may grant the permit. D. If an application is denied, the applicant may appeal the denial by the City building Official Engineer to the Director of Public Works and Utilities City Manager. The City Manager shall review the application, to ascertain that the denial is based upon nonconformance of the application with the terms of this Chapter, and/or a determination that the proposed work will interfere with the rights of the public in the right -of- way. 11 E. If the : ' . • .. .. City Manager upholds the denial of the permit, the applicant may appeal the Dircctor of Public Works and Utilities' denial to the City Council. The City Council Manager shall review the application, on the same basis as the application was reviewed by the Director of the Department of Public Works and Utilities. 11.08.120 Work = Applicable Standards - Generally. Except as otherwise provided in this Chapter, all work performed pursuant to a permit issued pursuant to this Chapter shall be done in accordance with the Standard Specifications for Road, Bridge and Municipal Construction issued by the Washington State Chapter of the American Public Works Association and Department of Transportation, current edition and the City of Port Angeles Urban Services Standards and Guidelines Manual. -2- • • 11.08.140 Additional Specifications - Driveways. Driveways shall be constructed in accordance with the following specifications: A. The maximum single driveway width for lot frontage of seventy -five feet or less shall not exceed twenty -five feet at the curb, excluding transitions. B. The maximum single driveway width for lot frontage exceeding seventy -five feet shall not exceed thirty feet at the curb, excluding transitions. C. The minimum single driveway width shall be twelve feet at the curb, excluding transitions. D. Where two or more adjoining driveways are provided for the same property, a full curb height safety island of not less than fifteen feet, at the curb, must be provided. E. No driveway apron shall extend into the street further than the face of the curb. F. No driveway shall be located within twenty -five feet, including transitions, of a regular crosswalk area at an intersection or any other designated crosswalk area. G. No driveway shall be located within ten feet, including transitions, of a side lot line. H. No driveway may be located so as to conflict with power poles, street lights, fire hydrants, established street tree, or other above ground public facilities. 11.08.170 Additional Specifications - Driveways - Exceptions. The City Engineer, upon application, may grant special permission to construct driveways deviating from the specifications of this Chapter. Before granting such permission, the City Engineer shall affirmatively determine that the public use of a street or sidewalk will not be adversely affected by such special permission, and that such special permission shall have no effect upon the safety of the public using the street or sidewalk. 11.08.290 Tunnels. Tunnels under pavement shall not be allowed, except where required or permitted by the City Engineer. concrctc strects, state highway sties , ur whci vcr ot gnatcd by the City and placing pipcs or cables insidc of- sm.h- casiligs. Section 2. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles Municipal Code are hereby amended by amending Sections of Chapter 11.12 PAMC to read as follows: - 3 - • • 11.12.060 Obstruction of Sidewalks and Planting Strips Prohibited. Except as may .e specifically provided by this Chapter, it is unlawful to erect, maintain or allow to remain on any sidewalk or planting strip of the City any temporary or permanent structure or thing which n any way obstructs, hinders, jeopardizes, injures or delays the use of the sidewalk or planting strip for pedestrian traffic; or hinders or obstructs the use of the adjacent street for vehicular raffle, including, but not limited to, structures or devices used for advertising an adjacent •usiness, permanent landscaping or the use of the sidewalk for sale or display of merchandise, xcept as otherwise provided by this Chapter. • 11.12.130 Obstructions - Standards. Each obstruction proposed to be placed upon a idewalk, street or planting strip of the City shall comply, at a minimum, with the following tandards: A. The location of the obstruction shall be consistent with the paramount right of he public to use the street, sidewalk or planting strip for transportation purposes. B. The location of the obstruction, and /or the obstruction itself, shall be adequately ighted for night visibility, if the obstruction area is not lighted and pedestrians are present at ight. C. The location of the obstruction shall not constitute a traffic hazard either by tself, or by its effect upon the visibility of persons using the street or sidewalk. D. If locations for the particular type of obstruction are required by the existence f other structures, obstructions, ordinances or other regulations, the obstruction shall be located here so required. E. The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction. F. All other State and local ordinances will be applicable and shall be complied ith. G. The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired urpose, except by the use of the public right -of -way, street or planting strip. H. No one shall plant in any public right -of -way any tree the roots of which cause injury to the sewers, water mains, sidewalks or pavements, the height of which interferes with overhead utility wires or which breed disease dangerous to other trees or to the public health or allow to remain in any public right -of -way any planted tree which has become dead or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed or properly pruned at the expense of the abutting property owner as may be directed by the City. No tree shall be planted within two (2) feet of any sidewalk or pavement, except as may be otherwise approved. I. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven (7) feet above same, and fifteen (15) feet above arterials and fourteen (14) feet above all other roadways. Trees so •laced shall also be trimmed so as to remain below power lines if present. I• - 4 - • • Section 3. Ordinance 3198, as amended, and Chapter 11.18 of the Port Angeles Municipal Code are hereby amended by amending Sections of Chapter 11.18 PAMC to read as follows: 11.18.010 Purpose. The purpose of this Chapter is to prohibit pedestrian interference on sidewalks in the City of Port Angeles • No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section. 11.18.020 Definitions. The following definitions apply in this section: A. "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. B. "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. C. "Beg" means on a public right of way or in a public place to ask by words, bodily gestures, signs, or other means, for money or goods as a charity, or in exchange for labor. D. "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. E. "Obstruct a sidewalk" means to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, ' . 1. The Downtown Arca, as defined in the Exhibit A attachcd hereto and Commercial 2 (NC2), and Neighborhood Commercial 3 (NC3). 31. Exceptions. The prohibition in subsection E shall not apply to any person: a. Sitting or lying down on a public sidewalk due to a medical emergency; b. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; c. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; d. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; e. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. F. "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the -5- • • doorways and entrances to buildings or dwellings and the grounds enclosing them. Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of June, 2009. c� !i PCIA\ ATTEST: Becky J. U Cler APPRO ED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: June 21 , 2009 By Summary G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES.2009 \Is - Chapter I I.052909.wpd (June 5, 2009) - 6 - Summaries of Ordinances Adopted by the Port Angeles City Council on June 16, 2009 Ordinance No. 3365 This Ordinance of the City of Port Angeles, Washington, rezones approximately 21,000 square feet of property from Commercial Neighborhood (CN) to Residential High Density (RHD). Ordinance No. 3366 This Ordinance of the City of Port Angeles, Washington, revises Chapters 11.08, 11.12 and 11.18 of the Port Angeles Municipal Code relating to construction, excavation and use of rights - of-way. Ordinance No. 3367 This Ordinance of the City of Port Angeles, Washington, revises and adds sections of the Port Angeles Municipal Code relating to Stormwater Utility and Regulations for compliance with the City's Phase II NPDES stormwater permit. This Ordinance shall take effect August 15, 2009. Ordinance No. 3368 This Ordinance of the City of Port Angeles, Washington, adopts amendments to the Comprehensive Plan and Land Use Map. 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 Thursday, 8:30 a.m. to 4:00 p.m., and Friday, 8:30 a.m. to 12:30 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, MMC City Clerk Publish: June 21, 2009