HomeMy WebLinkAbout3567 ORDINANCE NO. � n
AN ORDINANCE, of the City of Port Angeles, Washington making changes to
Streets and Sidewalks by amending Chapters 11.08, 11.12, 11.1 3,and 1 l.1
of the Port Angeles Municipal Code.
`I`HE; CITY COUNCIL OF THE CITE'" CSF PORT ANGELES DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. Ordinance 2166 as amended,and the Port Angeles Municipal Code are flereby
amended by amending P MC 11.08 to read as follows:
11.08.010 - Definitions.
All definitions of, terms in Title 1.1. of the Port Angeles Municipal Code and the fallowing
definitions apply to the provisions of this chapter, unless tlae context shall indicate otherwise:
A. "Applicant" means any person making application for a permit for construction or
excavation work, pursuant to tine terms of this chapter.
D. "City" means the City of Port Angeles.
C. "City Council" or "Council" means the City Council cif the Cite.
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 of thercrund;
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 tine planting or removal of street trees.
F. "'Easement" means any easement granted to the City for access to or for public utilities.
G. "Person" means any person, firm, partnership, association, corporation, company", service
provider or non service provider as defined under Chapter I I.14, or organization of any
kind.
H. "Permittee" means any person holding a permit from the City of Port Angeles for tlae
performance of any construction or excavation work within a right-of-way of the City.
L "Right-of-way" means:
I. 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
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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. "Street Tree"means all native or planted trees in the public ri ht of waY of 1.5 inch calil2er
diameter or larver, measured 5 inches above the base.
1L,. "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.
1.1.08.130 -additional specifications- Sidewalks.
Where there is an existing cement concrete curb, any sidewalk installed or repaired in that
location shall be constructed with cement concrete_permeable pavement, or any equally
satisfactory material approved by the City Engineer.
11.08.140 -Additional specifications—Driveways.
Driveways shall be constructed in accordance with the following specifications;
A. The maximum single driveway width for commercial or rnulti-family properties ]tet
ffentage of 75 tet of less shall not exceed 2424 feet at the curb,excluding transitions.
B. The maximum single dr-ivtaway width fef lot ffentage exeeeding 75 feet shall not emeeed
30 t:6et at the , .. The maximum single driveway width for single-
family residential prol2erties shall not exceed 20 feet at the curb excluding transitions.
C. The minimum single driveway width shall be 4.210 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 15 feet,at the curb,must be provided. Tile safety island
can be vegetated with grass or landscaping, or planted with trees. 1f the safety island must
be paved, permeable pavement should be used if feasible.
E. No driveway apron shall extend into the street further than the face of the curb.
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F. No driveway shall be located within 25 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 side lot line.
Fl. 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.
1. Two-track driveway designs are allowed and encouraged on private property.
11.018.160 - Additional specifications—Driveways—Materials.
A. All residential driveways shall be constructed of one of the following;
1. Pervious concrete referredper American Concrete Institute (ACI) 522.1-13
2. Class 3000 cement concrete, not less than six inches thick;
3. Porous asphalt as specified on a project-by-project basis by the m'eet's design
professional and approved b the e City Engineer.
Exposed aggregate work or special surface treatment shall not be allowed in public right-
of-way. Driveways shall be constructed in conformance with the standard specifications
adapted by this chapter.
B. All commercial or industrial driveways shall be constructed in accordance with
specifications provided by the City Engineer.
C. All driveways shall slope upward from the gutter at not less than one-quarter inch to one
foot. Curb height at a depressed driveway shall be one-half inch.
1.1.08.270 - Watercourses, sewers and drains—Protection.
A. The permittee shall provide for the flow of all watercourses, sewers or drains which are
involved in the work, and shall replace the same in as good condition as it fecund them or
shall make such provisions for them as the City Engineer may direct..
B. The permittee shall not obstruct the gutter of any street, but shall use all proper measures
to provide for the free passage of surface water.
C. The permittee shall make provisions to take care of all surplus water, muck, silt, or other
runoff pumped or resulting from the work, and shall be responsible for any damages
resulting from his failure to so provide.
D. The Vermittee shall manage stormwater impacts associated with construction activities as
described in Volume 11 of the Department of Ecology's SWMMWW (2014).
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11.08.3 10 - Surface restoration.
A. permittee shall compact the backfill to the top of the trench, and shall then notify the City
Engineer that the excavation and backfill work is complete. Pavement shall be patched in
accordance with the patching requirements specified in Chapter 3 of the City of fort
Angeles Urban Services Standards and Guidelines manual.
B. The permanent restoration of the streets shall be made by the City, after the permittee has
completed his work.
C. The permittee may be required to place a temporary surface over openings made in paved
traffic lanes. When such temporary surface is required, the fill above the bottom of the
paving slab shall be made with suitable material, in accordance with section 11.08.300,and
this fill shall then be topped with a minimum of at least one-inch bituminous mixture,
which is suitable to maintain the opening in goad condition until permanent restoration can
be made. The crown of such temporary restoration shall not exceed one inch above the
adjoining pavement. The permittee shall exercise special care in raking such temporary
restorations, and must maintain such restoration in a safe traveling condition until such
time as a permanent restoration can be rnade.Asphalt which is used shall be in accordance
with specifications of the City Engineer.
D. If, in the judgment of the City Engineer, it is not expedient or necessary to replace the
pavement over any cut or excavation made in the street, upon completion of the work
allowed under such permit, by reason of the looseness of the earth or weather conditions,
lie may direct the permittee to lay a temporary pavement of wood,asphalt,or other suitable
material designated by him over such cut or excavation,to remain until such time as repair
of the original pavement may be properly made.
E. Acceptance or approval of any work by the City Engineer shall not prevent the City from
asserting a claim against the permittee for incomplete or defective work, if it is discovered
within 12 months from the completion of the work. The City Engineer's presence during
the performance of any excavation work shall not relieve the permittee of its
responsibilities hereunder.
11.08.350 -Noise, dust, and debris restrictions.
A. Each permittee shall conduct and carry out the excavation work in such manner as to avoid
unnecessary inconvenience and annoyance to the general public and occupants of
neighboring property.The permittee shall take appropriate measures to reduce to the fullest
extent practicable in the performance of the excavation work noise, dust, and unsightly
debris. The permittee shall manage stormwater impacts associated with construction
activities as described in Volume 11 of the Department of Ecology`s S W MCv7 W W (2014).
B. Between the hours of 1.0:00 p.m. and 7.00 a.m.,the permittee shall not use, except with the
express written permission of the City Engineer, any tool, appliance or equipment
producing noise of sufficient volume to disturb the sleep or repose of occupants in the
neighboring property..
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Section 2. Ordinance 2166 as amended,and the fort Angeles Municipal Cade are hereby
amended by amending TANNIC 11.12 to read as follows:
11.12.130 - Obstructions—Standards.
Each obstruction proposed to be placed upon a sidewalk,street or planting strip of the City shall
comply„ at a minimum, with the following standards:
A. The location of the obstruction shall be consistent with the paramount right of the 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 lighted for
night visibility, if the obstruction area is not lighted and pedestrians are present at night.
C. The location of the obstruction shall not constitute a traffic hazard either by itself, 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 of other
structures, obstructions, ordinances or other regulations, the obstruction shall be Located
where 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 with.
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 purpose,
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 street tree the feet of which the roots
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.of No one shall allow to remain in any public right-of-way any Planted
street 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 new tree shall be planted within two
and a half(2.5') 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 feet above
same, and 15 feet above arterials and 14 feet above all other roadways. Trees so placed
shall also be trimmed so as to remain below power lines if present.
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Section 3. Ordinance 2166 as amended,and the Port Angeles Municipal Code are hereby
amended by amending PANIC l I,13 to read as follows:
11.1 .050 - Street trees--General requirements.
a. For new development, redevelopment and land divisions in all :zones, street tree
requirements are as follows:
I. all trees planted in the right-of-way shall be selected front the list of City approved street
trees. The List of approved Street Trees is established in the Part Angeles Urban Services
Standards and Guideline Manual.
2. a Street Tree Planting Flan shall be submitted to and approved by the Comnnunity Forester
as part of any development hermit application. all prognosed trees shall be shown on the
plan with the species indicated.
3. Street trees shall be planted within the public right-of-way in accordance with the details
provided in the current urban Services Standards and Guidelines.
4, The owner shall install the street tree(s)specified on the landscape plan prior to the issuance
of final project approval or issuance of certificate of occupancy. Street tree plantings may
be delayed between May 1 and October 1. In this case,the owner shall provide an assurance
acceptable to the City for any required tree planting. The assurance must be provided prior
to approval and acceptance and/or the issuance of a certificate of occupancy..
5. Trees planted in rigid cells are encouraged and preferred in urban areas where feasible.
B. Street tree requirements in previously developed area. In addition to the above
requirements,the following also apply;
I. approval by the Community Forester and the Public Works and L tilities Department shall
be required to plant, remove or prune trees in the public right-of-way, Approval shall
include but not be limited to:
a. a right-of-way use permit per ha te_r 11.1 Pali C
b. a utility locate;
c, a review of planting site, plant type, plant quality and planting or pruning techniques
proposed.
2. When street trees(s) are removed trees greater than 6 inches in diamcter at breast height
4.5 ft above ground level shall be replaced at a ratio of 2 new trees per removed tree, all
trees less than 6 inches in diameter shall be re laced at a ratio of` I new tree Ver removed
tree.
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32. Where new street trees cannot be planted due to portions of rights-of-way having been
previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting
is may-434.- required. Such fee shall be determined by the Community Forrester per City
Policy and 6alel:llated in(WeEWEIalWe with this ehapter.and be deposited into the Community
Forestry Fund.
C. Street tree maintenance.
1. The Community Forester shall have the right to either conduct or authorize any trimming,
pruning,maintenance and/or removal activities for all street trees and trees located on City
property as may be necessary'for public safety or in support of the goals of a "Community
Forestry Plan".
2. Street tree maintenance shall be in compliance with standards for tree care as Outlined in
the Urban Services Standards and Guidelines.
3. Minor tree pruning may be performed by the owner of property adjoining the riglit-of-way
in which a street tree is located with prior approval from the Community Forester.
4Major pruning or removal of large or significant street trees requires prior approval by the
Community Forester. A request to conduct major pruning or tree removal sliall first be
referred to the Community Forester for a recommendation. Major pruning is defined in the
Urban Set-vices and Standards Guidelines.
5. For major pruning or removal of a large or significant street tree, the applicant Must
demonstrate that major tree pruning or removal is necessary for one or more of the
following reasons:
a. The tree, or a portion of tile tree proposed for removal is deemed a hazard tree by certified
arborist or Community Forester;
b. The tree, or a portion of tile tree proposed for removal, is dead;
c. The tree, or a portion of the tree proposed for removal is diseased or infested with an
invasive insect pest and no remedial treatment is available;
d. That the retention of the tree will have a material, adverse and unavoidable impact oil the
use of the property.
6. A maintenance responsibility notation indicating that the required street tree maintenance
is the responsibility of the adjoining property owners shall be placed on all final plats.
D. Removal of sturnps. All stumps of street trees shall be removed so that the top ofthe stump
shall not project above the surface of the ground.
E Abuse or mutilation of trees prohibited.
1. It is unlawful for any person to intentionally damage, carve or otherwise injure any street
tree and may be considered abuse or mutilation of a tree and may require remedial action
under Section 8.30 PANIC.
2. Pruning of street trees that does not meet the best management practice for pruning
standards as established in the Urban Services Standards and Guidelines Manual may be
considered abuse or Mutilation of a tree and may require remedial action under Section
8.30 PAMC.
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3. Exemptions. The following conditions are exempt from the requirements of this chapter:
a. Work required as a result of emergencies involving,but not limited to:windstorms, floods,
freezes,or other natural disasters.Other requirements of this chapter may be waived by the
Community Forester when deemed appropriate.
b. Work required to maintain and protect public safety, public utilities, and infrastructure
when deemed necessary by the Director of Public works and Utilities(Director)or his/her
designee.
c. Other requirements as recommended by the Community Forester:
(i) Appeals.An applicant may appeal in writing to the Public Works and Utilities Department
Director any decision made by Community Forester within 30 days of the decision being
rendered. The applicant may appeal the decision in writing to the City Manager within 30
days of the decision being rendered by the Public Works and Utilities Director.
Section 4. Ordinance 2166 as amended,and the Port Angeles Municipal Code are hereby
amended by amending PANIC 11.14 to read as follows:
11.14.100 -Administrative provisions.
A. Right-of-way license.A right-of-way license shall be required of any person who occupies
or desires to construct, install,control or otherwise locate telecommunications facilities in,
under,over or across any rights-of-way of the City, which facilities are not used to provide
telecommunications service for hire, sale or resale to the general public or are used for the
sole purpose of providing a private telecommunications system.
A right-of-way license is not required for persons already holding master permits for the
same telecommunications facilities.
1. Right-of-way license application. Any person who desires a right-of-way license pursuant
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this chapter shall file an application with the City, which shall include the following
information:
(a) The identity of the applicant and the persons who exercise working control over the
applicant.Publicly traded entities may provide copies of the pertinent portions of their most
recent sworn filing(s)with the Federal Securities and Exchange Commission that evidence
any working control ownership interests, to comply with this requirement.
(b) A description of the telecommunications services that are or will be offered or provided by
the applicant over its telecommunications facilities. Only general, non-proprietary
information need be provided.
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(e) Whether the applicant intends to provide cable service, open video service or other video
programming service, and sufficient information to determine whether Such Service is
Subject to the City's cable franchising requirements. Only general, non-proprietary
information need be provided.
(d) A network map of existing and proposed facilities to be located within the City, all in
sufficient detail to identify:
(i) The location and route requested for the applicant's proposed facilities, including any
environmentally sensitive areas that may be subject to City's State Environmental
Protection Act(SEPA)ordinance.
(ii) The specific trees, structures, improvements, stormwater facilities/BMPs facilities and
obstructions, if any, that the applicant proposes to temporarily or permanently remove or
relocate; and
(iii) To the extent known at, the time of application, the location(s) where there are or will be
interconnections of telecommunications facilities by the applicant.
1 Map format/media. The Director shall have the discretion to prescribe the format and/or
media of said maps,consistent with City ordinances and policies. To the extent compatible
with the City's electronic mapping soffivare, the applicant shall provide said maps in a
computer readable electronic format, together with the following information:
(a) A description of the transmission medium that will be used by the applicant to offer or
provide such private telecommunications services.
(b) A description of the City's existing available facilities, such as utility poles, conduits,
vaults, etc., that the applicant proposes to use to provide such private telecommunications
services in accordance with applicable City regulations and requirements.
(e) If the applicant is proposing to install overhead facilities, evidence that surplus space is
available for locating its private telecommunications facilities on existing utility poles
along the proposed route.
(d) If tile applicant is proposing an underground installation in existing ducts or conduits within
the rights-of-way, evidence that surplus space is available for locating its private
telecommunications facilities in such existing ducts or conduits along the proposed route,
(e) A preliminary construction schedule and completion date.
(f) Information establishing that the applicant has obtained all other governmental approvals,
permits and facilities leases, to construct the facilities.
(g) All deposits or charges and application fees required pursuant to this chapter.
3, Determination by the City. Within 90 days after receiving a complete application under
PAMC 11.14.100A, the Director shall issue a written determination granting or denying
the right-of-way license in whole or in part. Ifthe right-of-way license is denied,the written
determination shall include the reasons fZ)r denial. 'rhe decision to grant or deny all
application for a right-of-way license shall be based upon the following standards:
(a) Whether the applicant's private telecommunications system which will occupy the right-
of-way has received all requisite licenses, certificates and authorizations from the Federal
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Communications Commission, the Washington Utilities and Transportation Commission,
or any other federal or state agency having jurisdiction.
(b) Whether the application demonstrates that adequate technical,financial and legal resources
are available to perforin the requirements of this ordinance..
(c') The damage or disruption, if any, of public or private facilities, improvements, service,
travel or landscaping if the right-of-way license is granted.
(d) The public interest in minimizing the cost and disruption of construction within the rights-
of-way.
(e) The effect,if any,on public health,safety and welfare if the right-of-way license is granted.
(f) The availability of alternate routes and/or locations for the proposed facilities.
(g) Applicable federal and state telecommunications laws, regulations and policies.
4, Agreement.No right-of-way license shall be deemed to have been granted hereunder until
the applicant and the City have executed a written agreement setting forth the particular
terms and provisions under which the grantee has been granted the right to occupy and use
rights-of-way of the City.
Term of right-of-way license. Unless otherwise specified in a right-of-way license,a right-
of-way license granted hereunder shall be valid for a term of five years, subject to renewal
as provided in this chapter.
6. Nonexclusive grant. No right-of-way license granted under this chapter shall confer any
exclusive right, privilege, license or franchise to occupy or use the rights-of-way of the
City for delivery of telecommunications services or any other purposes.
7. Rights granted. No right-of-way license granted under this chapter shall convey any right,
title or interest in the rights-of-way, but shall be deemed a right-of-way license only to use
and occupy the rights-of=-way for the lirnited purposes and tenri stated in tlae right-of-way
license. Further, no right--of-way license shall be construed as any warranty of title.
g. Specified route.A right-of-way license granted under this chapter shall be limited to a grant
of specific rights-of-way and defined portions thereof.
q. Amendment of right-of-way license. A new application shall be required of any person
who desires to extend or locate its private telecommunications facilities in rights-of-way
of the City, which are not included in a right-of-way license previously granted under this
chapter. lfordered by the City to locate or relocate its private telecommunications facilities
in rights-of-way not included in a previously granted right-of-way license, the City shall
grant an amendment to the right-of-way license without further application.
10. Renewal of right-of- way license. A grantee that desires to renew its right-of-wiry license
render this chapter for an additional term shall, not more than 180 days nor less than 90
days before expiration of the current right-of-way license, file an application with the City
for renewal which shall include the following:
(a) The information required pursuant to AAMC l 1.14.1 OOA.
(b) Any information required pursuant to the right-of-way license agreement between the City
and the grantee.
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(c) All deposits or charges and application fees required pursuant to this chapter.
11. Renewal determination. Within 90 days after receiving a complete application for renewal,
the Director shall issue a written determination granting or denying the renewal application
in whole or in part. If the renewal application is denied, the written determination shall
include the reasons for denial. The decision to grant or deny all application for the renewal
of a right-of-way license shall, in addition to the standards set forth in PAMC
11..14.1 OO.A.3., be based upon the following standards:
(a) The continuing capacity of the rights-of-way to accommodate the applicant's existing
facilities.
(b) 'rhe applicant's compliance with the requirements of this chapter and the right-cifNvay
license.
(c) Applicable federal, state and local telecommunications laws, rules and policies.
12. Obligation to cure as a condition of renewal.No right-of-way license shall be renewed until
any ongoing violations or defaults in the grantee's performance under the right-of-way
license, or of the requirements of this chapter, have been cured, or a plan detailing the
corrective action to be taken by the grantee has been approved by the City,
B. Master permit. A master permit shall be required of any service provider who desires to
construct, install, control or otherwise locate telecomillun icat ions facilities in, tinder, over
or across,any right-of-way of the City,and to provide telecorfirriunications service for hire,
sale or resale to the general public; provided, however, that a right-of-way license in
accordance with PAMC 11.14.1 OO.A.may,with the approval of the Director,be substituted
for a master permit for de minimis (i.e., significantly less than city-wide or route specific)
uses of rights-of-way made in conjunction with a telecommunications system located
entirely upon publicly or privately owned property.
1. Master permit application. Any person that desires a master permit Pursuant to this chapter
shall file an application with the City which shall include:
(a) The identity of the applicant and the persons who exercise working control over the
applicant. Publicly traded entities may provide copies of the pertinent portions of their most
recent sworn filing(s)with the Federal Securities and Exchange Commission that evidence
any working control ownership interests, to comply with this requirement.
(b) A description of the telecommunications services that are or will be offered or provided by
the applicant over its telecommunications facilities. Only general, non-proprietary
information need be provided,
(c) Whether the applicant intends to provide cable service, open video service or other video
programming service, and sufficient information to determine whether such service is
subject to the City's cable franchising requirements. Only general, non-proprietary
information need be provided.
(d) At the time of the application, a network map of existing and proposed facilities to be
located within the City, all in sufficient detail to identify:
(i) The location and route requested for applicant's proposed facilities, including any
oo"N, environmentally sensitive areas that may be subject to the City's SEPA ordinance.
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(ii) The specific trees, structures, improvements, stormwater facilities/BMPs facilities and
obstructions, if any, that the applicant proposes to temporarily or permanently remove or
relocate; and
(iii) To the extent known at the time of application, the names of other telecommunications
carriers, operators or providers to which there will be ail interconnection of
telecommunications facilities by the applicant.
(e) An accurate map showing the location of any existing telecommunications facilities in the
City that applicant intends to use or lease to the extent not previously provided.
(f) The area or areas of the City that the applicant desires to serve and the initial schedule, if
any, for build-out to the master area.
(g) All deposits or charges and application fees required pursuant to this chapter.
2. Determination by the City. Within 120 days after receiving a complete application under
PANIC 11.14.100.13. hereof, the City shall issue a written determination granting or
denying the application in whole or in part unless the applicant agrees to a longer period
or the master permit sought requires action of the Council and Such action cannot
reasonably be obtained within 120 days. If the application is denied, the City's decision
shall be supported by substantial evidence contained in the written determination, which
shall include the reasons for denial. Prior to granting or denying a master permit under this
chapter, the Council shall conduct a public hearing and make a decision based upon the
standards set forth below. The Council shall not approve any master permit hereunder until
the next regularly scheduled Council meeting following the public hearing. Said standards
are:
(a) Whether the applicant's telecommunications system which will occupy the right-of-way
has received all requisite licenses, certificates and authorizations from the Federal
Communications Commission, the Washington Utilities and Transportation Commission,
or any other federal or state agency having jurisdiction.
(b) To the extent allowed under applicable law or if the applicant is a provider of cable
television service, whether the applicant's application demonstrates adequate technical,
financial and legal resources are available.
(c) The damage or disruption, if any, of public or private facilities, improvements, service,
travel or landscaping if the master permit license is granted.
(d) The public interest in minimizing the cost and disruption of construction within the rights-
of-way.
(e) The effect, if any, on public health, safety and welfare if the master permit license is
granted.
The availability of alternate routes and/or locations for the proposed facilities.
(g) Applicable federal and state telecommunications laws, regulations and policies.
3. Agreement and ordinance. No master permit shall be deemed to have been granted
hereunder until the applicant and the City have executed a written agreement, as adopted
by ordinance, which ordinance shall set forth the particular terms and provisions under
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which the service provider has been granted the right to occupy and use rights-of-way of
the City.
4. Term of master permit grant. Unless otherwise specified in a master permit agreement,
master permit granted hereunder shall be valid for a term often years subject,to renewal as
provided in this chapter.
. Nonexclusive grant.No master permit granted under this chapter shall confer any exclusive
right or privilege to occupy or use the rights-of-way of the City for delivery of
telecommunications services or any other purposes.
fa. Rights granted.filo master permit granted under this chapter shall convey any right,title or
interest in the rights-of-way, but shall be deemed a master perrnit only to use and occupy
the rights-of-way for the limited purposes and term stated in the master permit. Further,no
master permit shall be construed as any warranty of title.
7. Amendment of master permit grant. A new master permit application and grant shall be
required of any person who desires to extend its master permit territory or to locate its
telecommunications facilities in rights-of-way of the City which are not included in a
master permit previously granted under this chapter. If ordered by the City to locate or
relocate its telecommunications facilities in rights-of-way not included in a previously
granted master permit, the grantee shall be granted a master hermit amendment without
further application.
fl. Renewal of master permit.A service provider that desires to renew its master permit under
this chapter for an additional term shall, not more than 180 days near less than 1201 days
before expiration of the current master permit, file an application with the City for renewal
of its master permit, which application shall include the following:
(a) The information required pursuant to P MC 11.14,1 OO.A.
(b) Any information required pursuant to the master permit agreement between the City and
the grantee.
(c) All deposits or charges and application fees required pursuant to this chapter,
. Renewal determination. Within 120 clays after receiving a complete application for
renewal, the City shall issue a written determination granting or denying the renewal
application in whole or in part. If the renewal application is denied,the City's decision shall
be supported by substantial evidence contained in the determination, which shall include
the reasons for denial. Prior to granting: or denying renewal of a master permit under this
chapter, the Council shall conduct a public hearing and make a decision based crpon the
standards set forth in PANIC 11.14.100.13.2., and the following additional standards:
(a) The continuing capacity of the rights-of-way to accommodate the applicant's existing
facilities.
(b) The applicant's compliance with the requirements of this chapter and the master permit
agreement.
(c) Applicable federal, state and local telecommunications laws, rules and policies.
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10. Obligation to cure as a condition of renewal, No master pennit shall be renewed until any
ongoing violations or defaults in the service provider's performance of the master permit
agreement, or of the requirements of this chapter, have been cured, or a plan detailing the
corrective action to be taken by the service provider has been approved by the City.
11. Expedited processing of use permits. A master permit may contain a procedure for
expedited processing of a use permit based on reasonable necessity arising from hardship
or emergency.
C. Facilities lease. The Council may, in its sole discretion, approve facilities leases for the
location of telecommunications facilities and other facilities upon City property, as that
term is defined in this chapter or upon right-ol-way as permitted tinder RCW
35.21.860(i)(e). Neither this section nor an), other provision of' this chapter shall be
construed to create an entitlement or vested right in any person or entity.
1. Lease application.Any person that desires to solicit the City's approval of a facilities lease
for telecommunications facilities pursuant to this chapter shall rile a lease application Nvith
the City, which shall include the following:
(a) The identify of the applicant.
(b) A description of the telecommunications facilities or other equipment proposed to be
located upon City property.
(c) A description of the City property upon which the applicant proposes to locate
telecommunications facilities or other equipment.
(d) Demonstration of compliance with Title 17 PANIC, Zoning, if applicable.
(e) Preliminary plans and specifications in sufficient detail to identify:
(i) The location(s)of existing telecommunications facilities or other equipment upon the City
property, whether publicly or privately owned.
(ii) The location and source of electric and other utilities required flor the installation and
operation of the proposed facilities.
Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the
aesthetic impacts of the proposed telecommunications facilities or other equipment.
(g) An accurate map showing the location of any existing telecommunications facilities in the
City that applicant intends to use or lease.
(h) All deposits or charges and application fees, required pursuant to this chapter,
2. Detennination by the City. Within 120 days after receiving a complete application under
PANIC 11,1 ,1 OO.C., the City shall issue a written determination granting or denying the
application in whole or in part. If the lease application is denied,the written determination
shall include the reasons for denial. The decision to grant or deny all application for a
facilities lease shall be based upon the following standards:
(a) Whether the applicant's facilities, which will occupy the City property, have received all
requisite licenses, certificates and authorizations from the Federal Communications
Commission, the Washington Utilities and Transportation Commission, or ally other
federal or state agency having jurisdiction.
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(b) Whether the applicant's application demonstrates that adequate technical, financial and
legal resources are available.
(c) The damage or disruption, if any, of public or private facilities, improvernerat , service,
travel or landscaping if the lease is granted.
(d) The public interest in minimizing the cost and disruption of construction upon City
property and within the rights-of-way.
(e) The effect, if any, on public health, safety and welfare if the lease requested is approved.
(f) They availability of alternate locations for the proposed facilities.
(g) The potential for radio frequency and other interterence with existing public and private
telecommunications or other facilities located upon the City property.
(h) The potential for radio frequency and other interference or impacts upon residential,
commercial and other uses located within the vicinity of the City property.
(i) applicable federal and state telecommunications laws, regulations and policies.
3. Agreement. No facilities lease shall be deemed to have been granted hereunder until the
applicant and the City have executed a written agreement setting forth the particular terms
and provisions under which the lessee has been granted the right to occupy and use the,City
property.
. Term of facilities lease. Unless otherwise specified in a lease agreement, a facilities lease
granted hereunder shall be valid for a term of one year, subject to annual renewal as
provided in this chapter.
5. Nonexclusive lease.No facilities lease granted tinder this chapter shall confer any exclusive
right, privilege, license, master permit or franchise to occupy or use City property for
delivery of telecommunications services or any other purposes.
6. lights granted. No facilities lease granted under this chapter shall convey any right, title
or interest in the City property,but shall be deemed a facilities lease only to use and occupy
the City property for the limited purposes and term stated in the lease agreement. further,
no facilities lease shall be construed as any warranty of title.
7. Interference with other users. No facilities lease shall be granted under this chapter unless
it contains a provision,which is substantially similar to the following:
"The City may have previously entered into leases with other tenants for their equipment
and antennae facilities. Lessee acknowledges that the City may also be leasing the City
property for the purposes of transmitting and receiving telecommunications signals from
the City property. The City, however„ is not in any way responsible or liable for any
interference with lessee's use of the City property which may be caused by the use and
operation of any other tenant's equipment, even if caused by new technology. In the event
that any other tenant's activities interfere with the lessee's use of the City property, and the
lessee cannot resolve this interference with the other tenants,the lessee may,upon 30 days'
notice to the City,terminate this lease and restore the City property to its original condition,
reasonable wear and tear excepted, The lessee shall cooperate with all other tenants to
identify the causes of and work towards the resolution of any electronic interference
1
problem. In addition, the lessee agrees to eliminate any radio or television interference
caused to City-owned facilities or surrounding residences at lessee's own expense and
without installation of extra filters oil City-owned equipment. Lessee further agrees to
accept such interference as may be received from City-operated telecommunications or
other facilities located upon the City property subject to this lease."
8. Ownership and removal of improvements. No facilities lease shall be granted tinder this
chapter unless it contains a provision, which states that all buildings, landscaping and all
other improvements, except telecommunications equipment,, shall become time property of
the City upon expiration or termination of the lease. In the event that telecommunications
facilities or other equipment are left upon City property after expiration or termination of
the lease, they shall become the property of the City if not removed by the lessee upon 30
days' written notice from the City.
In the event that the City requires removal of such improvements, such removal shall be
accomplished at the sole expense of the lessee and completed within 90 days after receiving
notice from time City requiring removal of the improvements, or removal will be
accomplished by the City at lessee's expense.
9. Cancellation of lease by lessee.
(a) All facilities leases are contingent upon the prospective lessee obtaining all necessary'
permits,approvals and licenses for the proposed facilities. In the event that the prospective
lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease,
and obtain a pro rata refund of any rents paid,without further obligation by giving 30 days'
written notice to the City.
(b) In the event that the holder of a facilities lease determines that the City property is
unsuitable for its intended purpose, the lessee shall have time right to cancel the lease upon
120 days' writteii notice to the City. However, no prepaid rent shall be refundable.
10. Amendment of facilities lease. Except as provided within an existing lease agreement, a
new lease application and lease agreement shall be required of any telecorn mUn icat i oils
carrier or other entity that desires to expand, modify or relocate its telecommunications
facilities or other equipment located upon City property. If ordered by the City to locate or
relocate its telecornmunications facilities or other equipment on the City property,time City
shall grant a lease amendment,without further application.
11. Renewal application. A lessee that desires to renew its facilities lease under this chapter
shall,not more than 120 days nor less than 60 days before expiration of the current facilities
lease, file an application with the City for renewal of its facilities lease which shall include
time following:
(a) The information required pursuant to PAN4C 11.14.1 OO.C.;
(b) Any information required pursuant to the facilities lease agreement between the City and
the lessee;
(c) All deposits or charges and application fees required pursuant to this chapter.
12. Renewal determination. Within 60 days after receiving a complete application for renewal,
the City shall issue a written determination granting or denying the renewal application in
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whole or in part. If the renewal application is denied, the written determination shall
include the reasons for denial. The decision to grant or deny an application for the renewal
of a facilities lease shall, in addition to the standards set forth in AAMC. 11.14.1 OO.C.2., he
based upon the following additional standards:
(a) The continuing capacity of the City property to accommodate the applicant's existing
facilities.
(b) The applicant's compliance with the requirements of this chapter and the lease agreement.
(c) Applicable federal, state and local telecommunications laws, rules and policies,
13. Obligation to cure as a condition of renewal. No facilities lease shall be renewed until any
ongoing violations or defaults in the lessee's performance of tile lease agreement, or of the
requirements of this chapter, have been cured, or a plan detailing the corrective action to
be taken by the lessee has been approved by the City.
14. There shall be no appeal of the City's determination under PANIC I I.14.1 KC,
D. Appeal of City determination.Any person aggrieved by the granting or denying of right-
of-way license, master permit, use permit or the renewals thereof pursuant to this chapter
shall have the right to appeal to the Council as follows:
1. All appeals filed pursuant to this subsection must be riled ill writing with the Director
within ten working days of the date of the decision appealed from.
2. All appeals filed pursuant to this subsection shall specify the alleged error of law or fact,
or new evidence which Could not have been reasonably available at the time of the
Director's decision, which shall constitute the basis of the appeal.
3. Upon receipt of a timely written notice of appeal, the Director shall advise the Council of
the pendency of the appeal and request that a date for considering the appeal be established.
4. The Council shall have the option of directing that the appeal be heard before a hearing
examiner who shall forward a recommendation to the COLUICil,which shall take final action
on the appeal. Referral to a hearing examiner may be made by motion approved by a
nukjority of the Council members present at the time of voting;
5. All relevant evidence shall be received during the hearing on tile appeal.
6. Unless substantial relevant information is presented which was not considered by the
Director, such decision shall be accorded Substantial weight, but may be reversed or
modified by the Council if, after considering all of the evidence in light of the applicable
goals, policies and provisions of this chapter, the Council determines that a mistake has
been made. Where substantial new relevant information which was not considered in the
making of the decision appealed from has been presented, the Council shall make its
decision only upon the basis of the facts presented at the hearing of the appeal,or may elect
to remand the matter for reconsideration by the Director in light, of the additional
information.
7. For all appeals decided pursuant to this subsection,the City shall provide a record that shall
consist of written findings and conclusions.
17
i
f
8. A service provider adversely affected by the final action of the City denying a master
permit,or by an unreasonable failure to act on a master permit according to the procedures
established by tine City, may commence an action within 30 days of the decision or the
expiration of any reconsideration period,whichever is later,with a court having jurisdiction
over such action.Any action against the City for denial of a master permit or unreasonable
failure to act on a master permit shall be limited to injunctive relief.
9. No action to obtain judicial review shall be commenced unless all rights of appeal provided
by this Subsection are fully exhausted, The cost of transcription of all records ordered
certified by the court for such review shall be borne by the party seeking such review. A
copy of each transcript prepared by such party shall be submitted to tlae City, for
confirmation of its accuracy.
Section 5- 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 ofthe scrivener's/clerical en-ors,references,ordinance numbering,
section/subsecrtion numbers and any references thereto.
Section f -SeverAbillity. 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 7 - Effective )ate. This Ordi nartee, beim an exercise of a power specifically
delegated to the City legislative beady,is not saibjec:t to referendum.This ordinance shall
take effect five(5)days after passage and publication of an approved summary thereof
consisting of the title.
PASSED by the City Council ofthe City of PortAngelesat a regular meeting ofsaid
Council held on the W day ofDecember, 2016.
a
/Patrick ownae, Mayor"
APP OVED AS To wk
VIa_
W illi "tni ;. Attorn
l� locar, City,�, c y
18
ATTEST:
awk-( vovyw-�,-,�o
Je nifer eneklasen, City Clerk.
PUBLISHED: 't'M�Vj' , 2IJ16
By Summary
19
Summary of Ordinances adopted by the Port Angeles City Council on December 20, 2016
Ordinance No. 3567
An ORDINANCE of the City of Port Angeles, Washington, makes changes to Streets and
Sidewalks by amending Chapters 11.08, 11.12, 11.13 and 11.14 of the Port Angeles Municipal
Code.
Ordinance No. 3568
An ORDINANCE of the City of Port Angeles, Washington, amends Chapters 13.63 and 17.94
relating to stormwater-utility regulations of the Port Angeles Municipal Code.
Ordinance No. 3569
An ORDINANCE of the City of Port Angeles, Washington, amends street standards and off
street parking by making changes to Chapter 14.01 and 14.40 of the Port Angeles Municipal
Code.
Ordinance No. 3570
An ORDINANCE of the City of Port Angeles, Washington, amends development standards by
making changes to Chapter 15.20, 15.24, and 15.28 Port Angeles Municipal Code relating to
environment.
Ordinance No. 3571
An ORDINANCE of the City of Port Angeles, Washington, amends short plat subdivision
regulations by making changes to Title 16, Chapters 16.04 and 16.08 of the Port Angeles
Municipal Code.
Ordinance No. 3572
An ORDINANCE of the City of Port Angeles, Washington, amends and updates zoning
regulations by making changes to Title 17 of the Port Angeles Municipal Code.
Ordinance No. 3573
An ORDINANCE of the City of Port Angeles, Washington, amends the 2016 budget and funds.
These ordinances are not subject to referendum and shall be in force and take effect 5 days after
publication according to law. The full texts of the Ordinances are available at City Hall in the
City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request.
Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: December 28, 2016