HomeMy WebLinkAbout2578 Transportation and Rights-of-Way Improvement StandardsORDINANCE NO. 2578
AN ORDINANCE FOR THE CITY OF PORT TOWNSEND RELATING TO THE
PUBLIC HEALTH, SAFETY AND GENERAL WELFARE, TITLE 12, REPEALING
AND RECODIFYING CHAPTERS 12.04 AND 12.10 INTO A NEW CHAFI~R 12.04
ENTITLED, TRANSPORTATION AND RIGHTS'OF-WAY IMPROVEMENT
STANDARDS; ADOPTING AND IMPLEMENTING DEVELOPMENT STANDARDS
FOR RIGHT-OF-WAY AND TRANSPORTATION SYSTEM IMPROVEMENTS,
ADOPTING AN ENGINEERING DESIGN STANDARDS MANUAL, AND
ESTABLISHING AN EFFECTIVE DATE; AND AMENDING OTHER CHAPTERS
FINDINGS AND RECITALS
1. The City of Port Townsend adopted its Comprehensive Plan in accordance with the
Washington State Growth Management Act (GMA) on July 15, 1996, Ordinance No. 2539. Ail
findings, recitals and other provisions of Ordinance No. 2539, and all provisions of the
Comprehensive Plan are incorporated herein by this reference.
2. The City Council finds that the existing streets standards ordinance contains
outdated provisions, and that it is necessary to replace chapter 12.04 in its entirety with a new title
that implements the Comprehensive Plan and updates and clarifies city policy with regard to
transportation system improvements.
3. In Eldridge, et al. vs. City of Port Townsend, WWGMHB No. 96-0029, Final
Decision and Order (February 5, 1997), petitioners appealed the City's Comprehensive Plan to
the Western Washington Growth Management Hearings Board, alleging that the City's Plan failed
to comply with the GMA. However, after a full hearing on the merits, the Hearings Board held
that the City's Comprehensive Plan far exceeds mandatory GMA requirements; involved
exemplary public process; provides significant benefit for the Port Townsend community; provides
a thorough and complete capital facilities analysis tied to land use planning which ensures the
adequacy of capital facilities to serve growth and to promote Port Townsend's future economic
development; and serves "as a model" for other cities. The Hearings Board held that the City has
"complied with the GMA in all respects challenged by the petitioner.' With this Ordinance, the
City Council implements the City's Comprehensive Plan through the adoption of infrastructure
improvement requirements which are fully consistent with the GMA and the Comprehensive Plan.
4. The Port Townsend Comprehensive Plan contains goals, policies, implementing
strategies and a land use map intended to establish the character, quality and pattern of the future
physical development of Port Townsend. The provisions of this title are necessary to implement
the following goals and policies of the Comprehensive Plan: (1) to allow relatively narrow local
access streets so as to meet the goals of preserving the small town character of Port Townsend, .
lowering construction and maintenance costs and reducing impervious surfaces, while at the same
time assuring that local access streets are safe and have adequate pedestrian and bicycle facilities;
(2) to adopt standards for local access streets that strike a balance between initial expense and
long-term operations and maintenance costs; (3) to promote nonmotorized travel and create an
integrated network of bicycle and pedestrian pathways that provide incentives to walk or bicycle
across town; and (4) to implement the policies for arterial, major collector and S.R. 20 needs for
nonmotorized system needs, and for unimproved rights-of-way and transportation demand
management.
5. The Comprehensive Plan Capital Facilities and Utilities Element sets forth the
following tiering strategy and policies:
Goal 2:
To phase the timing and provision of capital improvements in a manner that
promotes orderly growth and development and the efficient use of City
resources.
Policy 2.1:
Ensure that the growth and development patterns established in the Land Use
Element minimize facility demands for transportation, water treatment and
distribution, wastewater treatment, surface water management, and police and
fire protection.
Policy 2.2:
Make efficient and cost-effective use of existing public facilities, including such
techniques as: conservation; demand management and improved scheduling;
shared use of public facilities; and the use of alternative technologies.
Policy 2.3:
Expand public facilities, or construct new public facilities, only when necessary
to achieve efficient service delivery or attain identified levels of service.
Policy 2.4:
Identify and designate urban growth tiers which are consistent with and support
the growth and development patterns established in the Land Use Element.
2.4.1
Designate areas that are currently characterized by urban development and
densities which are provided with the full range of public facilities and utilities,
as "Tier 1" areas.
2.4.2
Designate areas currently provided with limited public infrastructure which are
designated for commercial, manufacturing, or higher density residential
development, as "Tier 2" areas. (Note: This would include the unincorporated
portions of the final urban growth area (FUGA) if designated).
2.4.3 Designate all remaining areas as "Tier 3."
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Policy 2.5:
Within the framework of the annual Capital Improvement Program (CIP)
process, prioritize the provision of capital facilities, services and utilities.
2.5.1
Highest priority should be given to ensuring the continued operation and
maintenance of urban capital facilities, services and utilities regardless of their
location.
2.5.2
Second priority should be given to expanding capital facilities, services and
utilities within Tier 1 areas.
2.5.3
Third priority should be given to expanding capital facilities, services, and
utilities within Tier 2 areas, within the 20 year planning horizon.
2.5.4
Lowest priority should be given to expanding capital facilities, services, and
utilities within Tier 3 areas.
Policy 2.6
Consistent with policy 2.5 above, the City should not provide capital facilities,
services and utilities in unserved areas unless clearly specified within the annual
CIP. However, developers and home builders may, at their own expense,
provide facilities, services and utilities for new development in presently
unserved areas, based on adopted level of service standards.
6. The Growth Management Act states as follows with regard to phasing/tiering
of growth and infrastructure:
RCW 36.70A.110(3): "Urban growth should be located first in areas already
characterized by urban growth that have adequate existing public facility and
service capacities to serve such development, second in areas already characterized
by urban growth that will be served adequately by a combination of both existing
public facilities and services and any additional needed public facilities and services
that are provided by either public or private sources, and third in the remaining
portions of the urban growth areas."
7. While the provision cited in Finding 6 is applicable to Counties designating UGAs,
the City and the County based the Countywide Planning Policies (CWPP) regarding phasing upon
this provision. The City's Comprehensive Plan is designed to implement this policy.
8. CWPP 1.5 requires that "land use plans, regulations and capital facility plans within
each UGA will be designed to accommodate the projected population." Further, growth is to be
directed into "two tiers." The first tier is to accommodate "existing commercial centers and
urbanized areas where the six (6) year capital facilities plan is prepared to provide urban
infrastructure." The second tier is to accommodate "areas included within a capital facilities plan
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to receive the full range of urban services within twenty (20) years." Infrastructure improvements
necessary to support development in the second tier Sd//be provided by the developer concurrent
with development, or by public entities as a result of implementing ail or a portion of the Capital
Facilities Plan." [Emphasis added.]
9. In EMridge, et al. vs. Port Townsend, supra, the Hearings Board stated:
" . [The City adopted a three-tier approach for maximizing efficient use of existing
infrastructure and providing for future infrastructure. Tier I is located where existing
infrastructure is adequate to sustain current population growth and development patterns.
Tier II is located where adequate infrastructure can be expanded in the near term by either
public or private funding. Tier llI is located on the outer reaches of the City and is not
scheduled for development until much later when public funding may be available or
unless a developer fully funds all infrastructure costs. This tiering method not only
complies with the Act but goes well beyond compliance to achieve one of the fundamental
purposes of the Act; to maximize efficient use of tax dollars." (Order, Page 6.)
10. In addition to implementing the Comprehensive Plan, it is the further intent of the
Council to revise Title 12 PTMC so as to make provisions for mitigating the direct impacts of
development on existing utility services, streets, alleys, easements and rights-of-way in the City
of Port Townsend. The City Council finds that new developments have the potentiai for
impacting traffic and utility services in such a way as to create serious health, safety and welfare
problems, and that the owners of new developments should be responsible for the improvements
of streets and utilities reasonably necessary to mitigate the direct impacts of such development.
11. The City Council finds that it is desirable to remove the majority of the prescriptive
and performance standards from the code itself and put them in an Engineering Design Standards
Manuai, so as to make development requirements more uniform, consistent and predictable for
the development community, and to aid city staff in implementing improvement requirements and
anaiyzing project infrastructure impacts.
12. Title 12, therefore, adopts and requires conformance with the Public Works
Department's Engineering Design Standards Manuai. Fundamentally, the Engineering Design
Standards Manual will create uniform and predictable design standards, specifications,
requirements and procedures to ensure that necessary public and private facilities and
infrastructure are installed to protect the public from inadequate and/or unsafe transportation,
water system, wastewater and stormwater improvements.
13. If public and private facilities and improvements are not constructed in conformance
with adopted engineering design standards, as approved by the City, there is a substantial risk that
the improvements may impose significant health and safety risks upon the public. Further,
inadequate public facilities and improvements can be difficult and costly for the public to repair
and maintain.
14. All engineering design standards for public and private facilities and infrastructure
were deliberately omitted from Titles 17 and 18 PTMC, relying upon the separately adopted and
codified engineering design standards in this Title 12, Title 13, and the Engineering Design
Standards Manual.
15. The Land Division Ordinance, Chapter 18.24 PTMC, adopted and incorporated by
reference all requirements of the City's engineering design standards, including Tires 12 and 13
PTMC and the Public Works Department's Engineering Design Standards Manual, requiring that
all applications subject to the Ordinance comply with clear, predictable engineering design
standards which balance the initial capital costs of improvements with long term operation and
maintenance costs.
16. With regard to right-of-way transportation system improvements and platted
property, the historic platting of properties in Port Townsend was undertaken prior to the
enactment of modern local, state and federal land use and environmental controls which have been
enacted for the protection of the public health, safety and welfare, and for the protection of the
natural and built environment. The historic platting of properties in Port Townsend was
undertaken almost exclusively under the territorial platting statute, primarily for the purpose of
land division and conveyance.
17. By allowing the construction and development on historic platted properties without
compliance with land use and environmental controls (particularly Chapter 58.17 RCW), the City
would encourage and facilitate haphazard, unplanned development which would not adequately
construct necessary public facilities to serve the health and safety needs of purchasers of platted
lots and other members of the community, imposing financial burdens on the City's taxpayers and
utility ratepayers to fund infrastructure which, under Washington law, should be installed by
subdivision applicants and developers prior to obtaining final plat approval, and prior to the
conveyance of lots.
18. For the most part, the historic platting of properties in Port Townsend was not
subjected to regulatory review, and was not conducted in compliance with mandatory regulatory
requirements, including but not limited to the State Subdivision Act, Chapter 58.17 RCW, the
Growth Management Act, Chapter 36.70A RCW, the Shoreline Management Act, Chapter 90.58
RCW, and the State Environmental Policy Act, Chapter 43.21C RCW, as well as local plans and
ordinances adopted to implement Washington regulatory requirements. In adopting the Land
Division Ordinance, the Council found that as a matter of law and public policy, there is no
rational basis to discriminate in favor of owners of historically platted lots by exempting such
properties from regulatory standards applicable to unplatted properties posing similar impacts upon
public services, facilities, infrastructure and the environment. The Council further found that
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historically platted lots are not exempt from, and shall be subject to local, state and federal land
use regulations and controls.
19. The construction upon, and the development of lots which are rendered
"nonconforming" by the enactment of minimum lot size and density standards contained within
Title 17 PTMC, and are inconsistent with the Land Division Ordinance, Title 18, PTMC, Chapter
43.21C RCW (SEPA), Chapter 58.17 RCW (Subdivision Act), Chapter 36.70A RCW (GMA),
and the 1996 Port Townsend Comprehensive Plan undermines the important public purposes of
Washington law and the Port Townsend zoning code, including but not limited to the installation
of necessary public facilities, and the protection of public safety and environmental quality, and
is contrary to the public interest as set forth in the Port Townsend Comprehensive Plan.
20. The Land Division Ordinance, Chapter 18.18, sets a threshold for administrative,
"Type I" review for nine or fewer platted lots of record, through the use of checklists, allowing
owners of lots of record the oppommity to obtain regulatory review of development plans for lots
of record at the time they seek building permits, with minimal regulatory burdens. However, in
adopting Title 18, the Council found that the City has the authority to require the redivision of
properties in compliance with Chapter 58.17 RCW where the layout, design and feasibility of
infrastructure provision for platted lots fail to meet the mandatory requirements of State, federal
and local land use and environmental laws. For applications involving more than nine lots of
record, the Council found that the development will impose impacts upon neighborhoods and the
City as a whole, including but not limited to the efficient provision of infrastructure, requiring
public notice and heatings available through full "Type III" subdivision review, as further set forth
in Title 18.
21. By enabling administrative "Type I' review through the City's authority under
Chapter 58.17 RCW for up to the maximum number of lots allowed under Washington law, RCW
58.17.020(6), applications for recognition of lots of record will be processed expeditiously under
predictable, clear regulatory standards, serving the important public purpose of treating all
properties in the City uniformly under land use and environmental laws, as further set forth in
Title 18.
22. In addition to implementing the Comprehensive Plan tiering strategy, subdivision
law and nexus requirements, this new Title 12 is necessary to update and revise code provisions
related to processing street development applications, payment of fees and other procedural
requirements.
23. To avoid confusion with the pre-application conference requirements of Chapter
20.01 PTMC, the City Council desires to change the former public works "pre-application" review
to a public works "technical conference," to include a meeting between the developer and public
works staff and written review, valid for a period of one year provided that no substantial changes
are made to the proposed project, with a credit given in Tier 1 towards the street and utility
development permit application fee, consistent with the City's adopted tiering strategy.
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NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Chapter 12.04, Street Construction and Repair, is hereby repealed
and recodifled as a new Chapter 12.04, entitled, Transportation and Rights-of-Way
Improvement Standards, to read as follows:
CHAFFER 12.04
TRANSPORTATION AND RIGHTS-OF-WAY IMPROVEMENT STANDARDS
Sections:
Article I.
12.04.010
12.04.020
12.04.030
12.04.040
12.04.050
12.04.060
General Provisions
Intent - Findings.
Purpose - Authority.
Definitions.
Engineering design standards manual adopted -Purpose/administration.
Gateway plan incorporated by reference.
Tiering - Expenditure of public funds.
Article II.
12.04.070
12.04.080
12.04.090
12.04.100
12.04.110
12.04.120
Permit Processing and Admlni~ration
Street Development Permit required - Revocation - Expiration.
Applicant submittal and contents - Permit issuance.
Preparation of plans and specifications - Surveys and engineering.
Inspection - Fees - Deposit required.
Construction and maintenance bonds.
Acceptance of improvements.
Article m. Improvement Requirements
12.04.130 General right-of-way improvement and construction requirements.
12.04.140 Implementation of general requirements.
12.04.150 Cutting significant trees and vegetation.
12.04.160 Waiver/modification of the required rights-of-way and transportation
improvement standards.
12.04.170 Variances.
Article IV - Liability, Violations and Appeals
12.04.180 Property damage responsibility.
12.04.190
12.04.200
12.04.210
12.04.220
Liability of city
Interpretations.
Violations, enforcement and penalties.
Appeals.
24. In order to increase consistency and uniformity in the administration of street and
utility development permits, the City Council desires to make the permit valid for a period of one
year or as long as there is a valid building permit.
25. The City Council desires to adopt a uniform appeals procedures, making specified
decisions of the public works director appealable to a hearings examiner pursuant to the provisions
of Chapter 1.14 PTMC, as amended.
26. The City Council desires to require surveying for all development where necessary
to determine the limits of the right-of-way for street development and in order to ensure that
constructed streets are properly located.
27. Since Tier 1, by definition, includes areas that are currently characterized by urban
development which are provided with the full range of public facilities and utilities, engineering
is less complicated and an existing street system is close to the development, thereby justifying
city-engineering of new or upgraded streets.
28. The City Council therefore desires to set a fee for city-engineered utility and street
design drawings at a significantly reduced level in Tier 1 to reflect the City absorbing a share of
engineering design costs in Tier 1 based on the Comprehensive Plan tiering strategy and direction
to promote "infill' development.
29. The City Council recognizes that waivers or modifications from the standards or
requirements of the Engineering Design Standards Manual may be necessary or appropriate under
certain situations. In order to make implementation of waivers/modifications fair and predictable,
the City Council desires to set criteria to be followed by the public works director, and to establish
a procedure whereby such waivers or modifications may be granted on a case by case basis. The
City Council further desires that where such waivers or modifications are granted, or for any
projects with reduced improvement requirements, the property owner shall be required to sign a
no-protest to future formation of a Local Improvement District or Road Improvement District, as
authorized by RCW Chapter 35.43.
30. Review of this ordinance has been conducted in accordance with Chapter 43.21C
RCW, the State Environmental Policy Act (SEPA); and
31. The City Council's Utilities Committee and the Transportation Committee held
numerous public meetings on Titles 12 and 13 and the Engineering Design Standards Manual, and
the City Council held a public meeting on Titles 12 and 13 and the Engineering Design Standards
Manual on April 15, 1997, to receive public comment on the same. The City Council adopts the
findings and recitals contained within this ordinance in response to presentations and testimony
presented, and all deliberations occurring at the Utilities and Transportation Committees' meetings
and the City Council public hearing.
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Article I- General Provisions
12.04.010 Intent - Findings.
A. In accordance with the Growth Management Act (GMA) (Chapter 36.70A RCW), the
Port Townsend comprehensive plan seeks to ensure that appropriate public services and
facilities, including transportation facilities, are provided concurrently with development. It is
hereby found that the provisions of this Title 12 are necessary to implement the Port Townsend
comprehensive plan.
B. It is further found that the Port Townsend comprehensive plan sets forth the following
policy direction and that the provisions of this title are necessary to implement the goals and
policies of the comprehensive plan: (1) allow relatively narrow local access streets so as to
meet the goals of preserving the small town character of Port Townsend, lowering construction
and maintenance costs and reducing impervious surfaces, while at the same time assuring that
local access streets are safe and have adequate pedestrian and bicycle facilities; (2) adopt
standards for local access streets that strike a balance between initial expense and long-term
operations and maintenance costs; and (3) promote nonmotorized travel and create an
integrated network of bicycle and pedestrian pathways that provide incentives to walk or
bicycle across town.
C. It is further found that the acquisition, construction, and improvement of streets and
other transportation facilities to serve new developments in the city of Port Townsend imposes
a major burden upon city taxpayers; that as an urban growth area, the city expects to
experience an increasing intensity of land use and population growth which creates an
increased demand for city transportation system services; that existing and projected city funds
are inadequate to meet future projected transportation needs; that a failure to ensure that
adequate transportation system improvements are made as traffic and street usage increases
will cause safety problems, impede commerce and interfere with the comfort and repose of the
public; and that alternative methods of travel, including a nonmotorized transportation
network, provision for public transit, transportation demand management and other similar
improvements are necessary to reduce the demands on and the costs of maintaining the street
network.
D. It is further found that the city has the authority under existing law to condition
development and require right-of-way and transportation system improvements where
reasonably necessary to mitigate the direct impacts of a proposed development or use, and that
it is appropriate and desirable to set out standards for development in this title and in an
adopted engineering design standards manual.
E. It is further found that it may not be in the best interest of the public to improve all
currently platted streets. Therefore, certain rights-of-way may be designated by the city for
bicycle- and pedestrian-only connections, public access to vistas and shorelines, stormwater
facilities, traffic calming, utility easements, and other uses; provided, however, that this policy
shall not be construed as preventing the opening of rights-of-way so as to deprive property
owners of reasonable access to their property.
F. It is further found and declared that the regulations contained in this fire are necessary
to ensure that public health, safety and welfare will be preserved by having an adequate
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transportation system serving new and existing development by requiring that all development
mitigate transportation impacts, which may include constructing improvements, that have been
identified as a consequence of a proposed development or use; to provide for the equitable
sharing of private improvement costs; to promote the orderly and economic development of
the city-maintained transportation network, and to otherwise protect the public health, safety
and welfare.
12.tM.020 Purpose - Authority.
The purpose of this title is to establish:
A. The authority of the city to require any person (1) applying for a building permit or
other development permit required under Titles 16, 17 or 18 PTMC, (2) seeking to
temporarily use a public fight-of-way for vehicle access, (3) seeking to open, develop or
improve any fight-of-way or easement for bicycle or vehicular traffic, or (4) proposing other
transportation-related improvements within the fight-of-way, to apply for and receive a street
development utility permit as a prerequisite to development, to comply with the terms and
conditions of such permit, and to conform to the requirements of the engineering design
standards manual;
B. Predictable, clear, uniform and consistent procedures and permitting requirements
that apply to all developments for the provision of safe and adequate access;
C. Critefia which will be used to determine the nature, extent and location of required
right-of-way and transportation system improvements;
D. A procedure for the public works director to grant, on a case-by-case basis, a
waiver or modification of, or variance from, the requirements of this chapter. This authority
is based on a recognition that variances from the required standards may be necessary or
appropriate in certain cases, and that where a proposed deviation from certain engineering
design standards is minor or appropriate, it is desirable to give the public works director the
discretion to waive or modify technical compliance with such standards; and
E. The authority of the public works director to impose conditions upon development
to mitigate the problems caused by a particular development or use. The basis for this
authority comes from the following statutes: Article XI, § 11 of the State Constitution;
Title 18 PTMC and Chapter 58.17 RCW (Subdivisions), Chapter 19.04 and 43.21C RCW
(SEPA), Chapter 19.05 (F_SA ordinance), RCW 35A.63.100 and RCW 35A.47.020, the
Uniform Fire Code (adopted in Title 16 PTMC), and all other applicable federal, state, and
local laws. Mitigation measures made a condition of development under the authority of this
chapter are not intended to be, and shall not be construed as, transportation impact fees under
RCW § 82.02.020.
12.04.030 Del'tuitions.
A. General. The words used in this title shall have the meaning given in this section.
This section on definitions is supplemented by the engineering design standards manual. The
definition of any words or phrases not listed in this section or the engineering design standards
manual which is in question when administering this title shall be defined from one of the
following sources, which shall be used by finding the desired definition from source number
one; if not available there, then source number two may be used, and so on. The sources are
as follows:
1. Any city of Port Townsend resolution, ordinance, code, regulation or formally
adopted comprehensive plan, shoreline master plan or program or other formally adopted land
use plan;
2. Any statute or regulation of the state of Washington;
3. Legal definitions from Washington common law or a law dictionary;
4. The common dictionary.
B. Specific Definitions. "Abutting property" includes all property that fronts upon the
margin of any street, right-of-way, alley or other public place.
"ADA" means the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. § 12101, et
seq.
"Adjacent to" for the purposes of chapter 12.26, generally means abutting, but in limited
circumstances (such as in the case of arterials or collector streets) may include lots which are
situated nearby, or close to, the improvements.
"Alley" means a public thoroughfare or way having a width of not more than 20 feet which
normally affords only a secondary means of access to properties.
"Approved street" means a public right-of-way accepted and approved, in writing, by the
public works director to be fully developed to city street standards or any permitted variation.
"BCD director" means the director of the building and community development
department, or his or her designee.
"Benefit arm" means that area which includes parcels of real estate adjacent to the
improvements that would require similar street improvements as a condition of development.
"Bikeway" means any road, path, or way which in some manner is specifically designated
as being open to bicycle travel, regardless of whether such facilities are designated for the
exclusive use of bicycles or are to be shared with other transportation modes. Specific types
of bikeways are defined in the engineering design standards manual.
"Bicycle lane" means a clearly marked lane of travel for bicycles on the side of a street or
roadway, separated from the automobile lanes by painted strips, curbs or buttons.
"Bicycle path" means a bicycle pathway that is physically separated from the roadway.
"City block" means one city block of approximately 260 feet or less.
"City street standards" means those standards for right-of-way and transportation system
construction and improvement set forth in this chapter and in the city of Port Townsend
"Engineering Design Standards Manual," adopted by reference in Section 12.04.040 below,
together with any other requirements for streets provided by other ordinances of the city.
"Cost of construction" for the purposes of Chapter 12.26, means the cost for design,
engineering, permitting, surveying, inspection, labor, materials and installation necessary to
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construct or improve a street project which complies with city standards. If there is a
disagreement between the city and the developer about the "cost of construction" in a
particular situation, the determination of the public works director shall be final.
"Cul-de-sac" means a short street having one end open to traffic and being terminated at
the other end by a vehicular turnaround.
"Dedication" means conveyance of land to the city for street purposes by deed or some
other instrument of conveyance or by dedication on a duly filed and recorded plat or short plat.
"Developer"means any person, including his/her authorized representative, proposing to
engage or engaging in the development of a parcel.
"Development" means (1) construction of a new dwelling unit, mixed use center,
commercial or manufacturing establishment, or other new structure on a vacant lot or parcel;
or (2) a redevelopment or change in the intensity of the use of an existing structure that creates
an appreciable impact on existing infrastructure.
"Developer reimbursement charge" for the purposes of Chapter 12.26, means a
reimbursement share to be paid by an owner of property who did not contribute to the original
cost of improvements covered by a latecomer agreement, based on the benefit to the property
from the street project. The term "developer reimbursement charge" may be used
interchangeably with the terms "street latecomer charge" or "street latecomer fee."
"Director" means the public works director for the public works department of the city of
Port Townsend, or his/her designee, and shall include without limitation, the city engineer and
the city development review engineer.
"Engineering design standards" shall mean the design and construction standards for all
right-of-way and transportation system improvements contained in this Title 12, Title 13 and
the engineering design standards manual.
"Hammerhead turnaround" means an area at the end of a street that is designed to provide
a fire apparatus turnaround area.
"Improvement method report" shall have the same meaning as defined in PTMC
18.12.090.
"Level-of-service" ("LOS") standards are qualitative measures describing both the
operational conditions within a traffic stream and the perception of these conditions by
motorists and/or passengers, as further described in the city arterial street plan. Each level of
service describes these conditions in objective terms, such as speed, travel time, or vehicle
density (i.e., the number of vehicles per mile). The conditions are also qualitatively described
in terms of a driver's ability to change lanes, to safely make tums at intersections, and to
choose his/her own travel speed. Level of service may also include a qualitative rating of how
well other units of transportation, such as sidewalks, bikeways, walkways or transit routes
meet current or projected demand.
"Lot frontage" means the boundary of a lot which is along an existing or dedicated public
street, or where no public street exists, along a private road, easement or access way. On an
interior lot, it is the lot line abutting a street; or, on a pipestem (flag) lot, it is the interior lot
line most parallel to and nearest the street from which access is obtained. On a comer lot the
lot frontage shall be proposed by the property owner, subject to review and approval by the
public works director.
"Lot, pipestem" is synonymous with "flag lot" and means a lot not meeting minimum
frontage requirements and where access to the public road is by a narrow private right-of-way
or driveway.
"Maintenance" or "maintain," for the purposes of Chapter 12.12, means the removal and
disposal of debris, litter, and vegetation, snow, ice, and mud which tends to impair use of the
right-of-way for public purposes.
"Maintenance agreement" means a duly authorized agreement that requires private
maintenance of a street.
"Nonmotorized' means bicycle, pedestrian or other form of travel not associated with a
motor vehicle.
"Opened street" means a public right-of-way opened for use by motor vehicles which may
or may not be fully developed to street standards. Opened streets may or may not be accepted
or maintained by the city.
"Pathway" means a developed or undeveloped route separated from or adjacent to the street
for pedestrian, bicycle and/or other nonmotorized travel.
"Pedestrian" has its ordinary meaning and shall include motorized and nonmotorized
wheelchairs.
"Person" means any person, fu'm, partnership, association, corporation, organization, or
entity of any kind.
"Property owner" for the purposes of Chapter 12.26, means the record owner, based on
the records of the Jefferson County assessor, on the day the street latecomer agreement is
signed by the parties.
URight-of-way' means property acquired by or dedicated to the city and available for use in
pedestrian, vehicular or other transportation modes. Right-of-way may or may not be
accessible for public use, and may or may not contain an opened street.
"Right-of-way improvements" means the installation of all public facilities required to
improve the streets to city street standards, including grading, pavement, utilities, curb and
gutter, walkways, pathways, sidewalks, bicycle paths and lanes, storm drainage, street lights,
traffic signals, signs and other traffic control devices, landscaping, cul-de-sacs/hammerheads,
street widening, on-street parking, driveways, bikeways, and other necessary appurtenances.
1. UImprovement,' for the purposes of Chapter 12.12, means all work to construct,
reconstruct, and repair sidewalks, gutters and curbs along, and driveways across, sidewalks.
2. "Street improvements" subject to reimbursement under Chapter 12.26 PTMC,
may include the design, inspection, surveying, acquisition of right-of-way and/or easements,
grading, construction, paving, installation of curbs, streets, gutters, storm drainage, sidewalks
or bike lanes incorporated as part of the street improvements, street lighting, signs, planting
strips, traffic controls, and other similar improvements as required by the street standards of
the city. The term "street improvements" is used interchangeably with the term "street
projects" in Chapter 12.26.
"Sidewalk" means any and all pedestrian structures or forms of improvements for
pedestrians included in the space between the street and the margin, as defined by a curb or the
edge of traveled road surface and the line where the public right-of-way meets the abutting
property.
6
"Significant trees and vegetation" means all trees and vegetation, unless otherwise
exempted, situated within opened or unopened public rights-of-way, as follows: (1) trees with
a diameter of 12 inches or greater measured 4 feet from the ground; (2) trees with a diameter
of 6 inches or greater measured 4 feet from the ground and identified in the engineering design
standards manual as special, landmark or unique species; or (3) any shrubs or other vegetation
identified in the engineering design standards manual as landmark or unique species.
"Street" is intended to be broadly defined, and includes any street, highway, easement,
avenue, alley or other public right-of-way or public grounds intended for travel, parking or
access for vehicles, bicycles or equestrians or any other legitimate street purpose, whether
opened or unopened, platted and partially improved or open but not improved to the level
required by the city. Specific street classifications are defined in the engineering design
standards manual and are generally to be considered as follows:
1. "Local access street" means a public right-of-way used primarily to provide access
to abutting residential properties, and includes any street not designated in the engineering
design standards manual as a collector, minor arterial, or principal arterial street.
2. "Collector street" means a street that collects traffic from local streets and connects
with minor and major arterials, and includes, but is not limited to, any street designated as a
collector street in the engineering design standards manual.
3. "Minor arterial street" means a street with signals at important intersections and
stop signs on the side streets and that collects and distributes traffic to and from collector
streets, and includes, but is not limited to, any street designated as a minor arterial street in the
engineering design standards manual.
4. "Principal arterial street" shall have the same meaning as "major arterial" in the
comprehensive plan, and means a street with access control, channelized intersections,
restricted parking, and that collects and distributes traffic to and from minor arterials, and
includes, but is not limited to, any street designated as a major arterial street in the engineering
design standards manual. Direct access to a major arterial is usually restricted to intersecting
streets or consolidated commercial or industrial entrances.
"Street development permit" means any permit required under the provisions of Titles 12,
13, 17 and 18 PTMC for work in the public right-of-way and is used interchangeably with the
terms "street development and utility digging permit" and "street and utility development
permit," A street development permit includes a minor activities permit issued under §
12.04.070 of this chapter.
"Street latecomer agreement" or "assessment reimbursement contract" means a written
agreement, recorded in the Jefferson County auditor's office, between the city, as approved by
the city council and executed by the mayor, and one or more developers providing both for
construction of street projects and for partial reimbursement to the developer by owner(s) of
properties benefitted by the improvements if such owner(s) develop the benefitted property
within the 15-year term of the agreement.
"Substandard street" means any street that does not meet the city's engineering design
standards and is not an approved street under this chapter.
7
"Tiers 1, 2, and 3" refer to the city's infrastructure tiering strategy, which is designed to
promote infill and discourage "leap frog" development, as further set forth in the Port
Townsend comprehensive plan (see Chapter VII, pages VII-4 to VII-5). A map designating
the various tiers in accordance with the comprehensive plan is attached as an exhibit to the
engineering design standards manual.
"Transportation demand management" ("TDM") refers to policies and public and private
programs that manage the demand placed on transportation supply. TDM measures are
frequently directed toward increasing the use of transit and car pools.
"Transportation system" means the full range of infrastructure provided for all modes of
travel, including motorized and nonmotorized travel.
"Walkway" includes any sidewalk, trail, pathway or other form of improvement designed
and intended for use by pedestrians.
"Zoning map" is the official land use map which classifies all land within the city limits of
Port Townsend with one of the land uses.
8
12.04.040 Engineering design standards manual adopted - Purpose/admini~ration.
A. Standards Adopted. The city engineering design and construction standards and
specifications contained in the engineering design standards manual, as it now exists or is later
amended, are hereby adopted, incorporated by reference, and made applicable to ail right-of-
way and transportation system improvements covered by this title. Provided, however, that
where an applicant for a building or street development permit has applied for and received
written preapplication review prior to the effective date of this code (April 28, 1997), to the
extent there is an inconsistency between the right-of-way improvements identified in the
preapplication review and the engineering design standards manual, the requirements of the
preapplication review shall apply if:
1. the applicant submits a complete application within 12 months from the date of the
written preappiication review;
2. the application is in substantial conformance with the written assurances and
requirements provided by the city at the conclusion of the preapplication review; and
3. ail improvements are designed and installed in full conformance with the standards
and criteria as provided by the city during or after the preapplication review.
B. Capital Facilities Tiering Map. The capital facilities tiering map attached as an exhibit
to the engineering design standards manual is hereby adopted. The map is intended to
implement the capital facilities tiering strategy pursuant to the capital facilities and utilities
element of the Port Townsend comprehensive plan.
C Purpose.
1. The purpose of the engineering design standards manual is to establish, in one
comprehensive document, prescriptive and performance standards and procedures for
infrastructure development. The manual updates and revises existing standards for the
construction of right-of-way improvements in order to implement the Port Townsend
comprehensive plan and to make the requirements for transportation system development more
uniform, clear, consistent and predictable.
2. The public works director is authorized to make minor, technical changes to the
engineering design standards manual without further city council approval or adoption,
although such minor changes must still be forwarded to city council. Such changes shall be
effective upon filing with the city clerk. Significant or substantive changes to the engineering
design standards manual require approval by the city council, and are effective upon such
approval. Changes to the capital facilities tiering map shall be considered substantive.
3. Copies of the engineering design standards manual and all revisions shall be
maintained in the city clerk's office, the BCD department, and the public works department
for use and examination by the public, and shall be made available for purchase at city hall.
D. To the extent a conflict exists between this title and the engineering design standards
manual, the code shall prevail.
12.04.050 Gateway plan incorporated by reference.
The Port Townsend Gateway Development plan is incorporated by reference and adopted as a
part of this Title 12 as .policy direction for new development, redevelopment, and future
9
improvements along SR 20/Sims Way, and prevailS over any inconsistent standards in the
engineering design standards manual.
12.04.060 Tiering - Expenditure of public funds.
As set forth in the Port Townsend comprehensive plan, the city has adopted a tiering structure
for the phasing or prioritizing of capital improvements in a manner designed to promote
orderly growth and development and efficient use of city resources. Accordingly, if the
location, nature, and/or timing of a proposed development necessitates the expenditure of
public funds in excess of those currently available in the six-year CIP for the necessary right-
of-way or transportation system improvements, and provision has not otherwise been made to
meet the mitigation of direct traffic impact requirements as provided in this rifle, the city may
refuse to approve or grant a permit for development pursuant to the concurrency requirements
of the Growth Management Act. As an alternative, the city (1) will consider alternatives to
the proposal so that the need for the improvements is lessened; (2) may provide the developer
with the option of bearing the full cost of the required improvements; or (3) may consider the
development for approval upon alternative arrangements for financing of the necessary
improvements, such as no-protest LID covenants or latecomer agreements.
10
Article H. Permit Processing and Admini~ration
12.04.070 Street Development Permit Required -Revocation - Expiration.
A. Director Authority. The public works director is designated to administer this title by
granting or denying street development permit applications in accordance with its provisions.
B. Prerequisite to Development. Construction of the right-of-way and transportation
improvements required by this chapter and the engineering design standards manual are
prerequisite to, and condition of, further property development.
C. Permit Required. No person shall clear, grade, disturb, construct, or make
improvements within any right-of-way, or open for vehicular traffic (even temporarily) any
city right-of-way, without first obtaining a street development permit from the public works
director as provided in this chapter. A permit shall not be required of persons performing
minor work in the right-of-way such as landscaping; provided, however, that no such person
shall obtain any vested rights.
1. Minor Activities Permit. A short form "street development permit -- minor
activities" application may be submitted for right-of-way improvements related to construction
of minor improvements (for example, sidewalks, new driveways, culverts, private utilities to a
single house) which are associated with opened streets. If the director determines that for
environmental, safety or other reasons a minor activities permit is inappropriate, a street
development permit shall be required. Specific activities covered by the minor activities
permit shall be as defined in the engineering design standards manual.
D. Revocation. The permit granted may be revoked by the public works director without
prior notice for failure to comply with any provision of the Port Townsend Municipal Code or
violation of any condition imposed on the permit.
E. Expiration.
1. All street development permits not tied to a building permit shall expire unless the
work is completed within 12 months after issuance of the permit unless earlier revoked;
provided, however, that a written request for an extension may be made prior to expiration
upon a showing to the public works director that justifiable delays or unanticipated events
beyond the control of the applicant have or will preclude timely commencement or completion
of the work. Any extension shall include a condition that the work will be completed within a
reasonable time, not to exceed one year, as specifically set forth in the grant of the extension.
Only one extension may be granted under this section.
2. All street development permits tied to a building permit shall remain valid so long
as the building permit remains active with the building department, as shown in the building
department files. In the event the building permit becomes inactive as further set forth in the
Uniform Building Code and Title 16 PTMC, the street development permit shall automatically
expire.
3. Notwithstanding subsections 1 and 2 above, the construction of infrastructure
improvements required for subdivisions under Title 18 (Subdivisions) may, at the discretion of
the director, be phased during the statutory five-year period for final plat approval. Where the
city approves a final plat prior to completion of all rights-of-way or street improvements, the
construction shall occur in accordance with all requirements of any approved improvement
11
method report. In such case the street development permit shall expire unless the work is
completed in accordance with the conditions of subdivision approval, the requirements of the
approved improvement method report, and/or as set forth in the street development permit
itself.
F. Emergency Exception. In the case of an emergency occurring outside regular office
hours, whenever an immediate excavation is necessary for the protection of life or property,
the public works director may grant permission to make the necessary excavation upon the
condition that an application for a permit be made under this chapter on or before noon of the
next following business day.
G. City Exemptions. All maintenance work performed by or under the direction of the
public works department is exempt from the permit requirements of this chapter. In the case
of construction work performed by or under the direction of the public works department,
preparation of drawings by the director or signing of a public construction contract shall
constitute compliance with the permit requirements of this section.
12.04.080 Applicant submittal and contents - Permit issuance.
A. Technical Conference. Any developer or property owner may request a technical
conference and written review with the public works department, upon payment of a fee as set
forth in Chapter 3.36 PTMC. Such conferences are strongly encouraged and may be required
by the public works director when utilities are to be extended or new streets installed. The
project requirements identified during the public works review shall remain valid for a period
of one year from the date of the review, unless any changes which would materially impact the
design of the right-of-way and transportation system improvements are made to the proposed
development, in which case requirements related to those changes may be modified.
1. The technical conference allowed by this section is intended to be a separate process
from the preapplication conference required by Section 20.01.090 PTMC, and is not required
for a determination of completeness under Chapter 20.01 PTMC.
B. Form of Application - Fees. Applications for street development permits shall be on a
form provided by the city. No application shall be accepted for review unless accompanied by
the non-refundable application fee set forth in Chapter 3.36 PTMC. The applicant shall follow
the submittal and review procedures in the engineering design standards manual. Before an
application will be accepted for review it must contain all information required by the manual,
including:
1. The name of the owner or agent and mailing address, the street address or name of
the premises to be developed, and the legal description of the premises to be developed;
2. The type of development proposed and the number of living units and/or the type of
activity that will occur within the premises to be developed;
3. A site plan showing the proposed location of the right-of-way and transportation
system improvements;
4. The design drawings and specifications of the right-of-way and transportation
system improvements required under Section 12.04.090 of this chapter; and
5. Any other information deemed reasonably necessary by the director for action upon
the application, or required by other provisions of this title SEPA (Chapter 20.04 PTMC),
12
Subdivisions (Title 18 PTMC), the ESA ordinance (Chapter 19.05 PTMC), other city
ordinances, and/or subdivision, PUD or other project approval conditions.
C. Complete Application Required. The city will not process any application unless and
until the information required by subsection B above is substantially complete. The city may
reject an application as incomplete within a reasonable time after the initial review, in which
case the city shall return it to the applicant with an indication of the additional information
needed to make the application complete.
D. The applicant shall agree to hold harmless and indemnify the city as specifically
described on the face of each permit.
E. No permit may be assigned to any other person(s).
F. The permit holder shall be deemed to be the property owner or franchise owner in
whose name the permit is issued.
G. Issuance in violation deemed inoperative. Any street development permit or other
authorization issued, granted or approved in violation of the provisions of this chapter shall be
null and void and of no effect without the necessity of any proceedings for a revocation or
nullification, and any work undertaken pursuant to any such permit or other authorization is
unlawful.
12.04.090 Preparation of plans and specifications - Surveys and engineering.
A. Plans and Surveying Requirements. All applicants shall furnish design and construction
plans and specifications for proposed right-of-waY and transportation system improvements.
All design and construction plans and specifications shall be prepared in accordance with the
city's engineering design standards manual. If base maps prepared by a licensed land surveyor
are available, the design and construction plans shall be submitted on such maps. If base maps
are unavailable and the public works director determines that a survey is neces~ to
adequately define the limits of the right-of-way for the purposes of transportation system
construction and design, the applicant shall have the right-of-way surveyed by a licensed land
surveyor and the plans shall be prepared and submitted on such surveyed base maps.
B. Engineering of Plans/Costs. All design and construction plans involving the
construction of a new street, or the paving of an existing street, must be prepared, signed and
stamped by a Washington State licensed civil engineer. Where paving is required, the
engineering design shall be to the next intersection, even if the developer is required to pave
only a portion of the street. All plans shall be prepared at the developer's sole cost, except
that for new streets in Tier 1 of one city block or less, which do not require licensed plans
under other municipal code provisions, the developer has the option of the city performing the
engineering for the project upon payment of the fee set forth in Chapter 3.36 PTMC.
C. Approval by Director Required. All plans prepared or required under this subsection
must be reviewed and approved by the director prior to proceeding with construction of the
proposed improvements, and must comply with the requirement of the engineering design
standards manual.
D. Reimbursement Under Section 12.26 PTMC. The costs of the surveying and
engineering design may be included in the total project cost subject to partial reimbursement
under a "street latecomer agreement" as further set forth in Chapter 12.26 of this rifle.
13
12.04.100 Inspection - Fees - Deposit required.
A. All construction covered by this Title 12 must be inspected by the city. After the
approval of the design and construction plans and prior to the issuance of the street
development permit, the developer shall be required to pay a construction inspection fee in the
amount set forth in Chapter 3.36 PTMC. No inspection fee will be required for a minor
activities permit. The street development permit will not be issued until the inspection fees
have been deposited with the city treasurer. If, during the course of construction, the
developer exceeds the two-hour allowance covered by the inspection fee, the developer will be
billed for the time in excess of two hours, and no final public works sign-off shall be provided
until all bills are paid.
B. The purpose of the city inspection is to verify that the improvements are installed in
accordance with the project design and construction plans and specif'lcations. The duties of the
inspector, inspection procedures including requirements for preconstmction conferences, and
the obligation of the developer to coordinate inspections with the city shall be followed in
accordance with the procedures set forth in the engineering design standards manual.
12.04.110 Construction and maintenance bonds.
The public works director may require that the developer furnish the city with a performance
bond, in which assurance is given that the required improvements will be installed as provided
by the approved plans, and that the installed improvements will be free from material defects
for a period of one year from the date of city final acceptance of the street improvements.
Types of securities include a bond with a surety qualified to do bonding business in the state of
Washington, a cash deposit or an assigned bank account. Any security posted with the city
shall be in an amount equal to 120 percent of the estimated cost for the city to contract for
construction or replacement of the improvements as determined by the public works director,
and shall be for a period of one year from the date of final acceptance of the improvement by
the city.
12.04.120 Acceptance of improvements.
The city reserves the right to reject any installation not inspected by the public works
department, or not installed per the plans and specifications or any modifications agreed to in
writing by the city. As a condition of acceptance of the improvements by the city, the
developer shall provide the city with: (1) a statement of the actual cost of design and
construction of the street improvements; (2) a properly executed bill of sale or conveyance for
all improvements; and (3) as-built drawings prepared in accordance with the engineering
design standards manual.
14
Article III, - Standards and Improvement Requirements
12.04,130 General ri t-of-way improvement and construction requirements.
A. General requirements.
1. Whenever new lots are proposed to be created, or previously undeveloped lots of
record are proposed for development or improvement, or any type of development is proposed
including a change of use, as a condition to further property development one or more of the
following types of right-of-way improvements may be required to mitigate the direct impacts
caused by the development or use:
a. Pavement;
b. Curb and gutter installation;
c. Walkway improvements;
d. Storm and street drainage;
e. Design of structures and/or grading to future right-of-way grade;
f. Pathways and bikeways;
g. Landscaping;
h. Driveways;
i. Street widening and turning lanes;
j. Street lighting/illumination;
k. Cul-de-sacs or hammerheads;
1. On-street parking;
m. Utilities;
n. Signs and/or other traffic control devices.
o. No protest agreement(s);
p. Maintenance agreement(s);
q. Transit pull-outs or shelters.
2. Detailed requirements and standards for rights-of-way and transportation system
improvements and development requirements are contained in the engineering design standards
manual.
3. All improvements in the public right-of-way shall be constructed by a contractor or
contractors duly licensed and bonded under the laws of Washington State.
4. Where reasonably necessary to mitigate the direct impacts of the proposed
development and/or to meet safety requirements, off-site improvements (including, but not
limited to, provision of drainage systems, fire access roads, paving and grading of streets,
pedestrian and bicycle connections, street widening or turn lanes, traffic control signals,
turnarounds and related utility improvements, and/or dedication of land or easements) may be
required as a condition of permit approval under the authority of this chapter, other city
ordinances, the Uniform Fire Code, Chapter 58.17 RCW and Title 18 PTMC (Subdivisions),
RCW 43.21C and Chapter 19.04 PTMC (SEPA), or as allowed by state law.
5. The regulations in this section are not intended to supersede or preclude the use of
Chapter 19.04 PTMC, the Port Townsend environmental protection ordinance relating to
SEPA, to mitigate significant adverse environmental impacts where such mitigation would not
be duplicative of the requirements under this chapter. For example, SEPA conditions may be
15
required to mitigate the impacts of development on the transportation system, including but not
limited to the cumulative impacts of such development, or to meet safety standards where
consistent with applicable SEPA policies and the Washington Administrative Code ("WAC"),
Chapter 197-11.
6. The regulations in this section are not intended to supersede or preclude the
enforcement of the provisions of Chapter 19.05 PTMC, the Port Townsend ordinance relating
to environmentally sensitive areas. Review of development under this chapter and Chapter
19.05 shall be coordinated to ensure consistency.
7. The regulations in this section are not intended to supersede or preclude the
enforcement of the provisions of the Subdivision Code, Title 18 PTMC. To create uniformity
of standards, it is the intent of this chapter to make the prescriptive standards in the
engineering design standards manual applicable to subdivisions. In addition, approved
subdivisions or existing plats with specific improvement requirements identified as conditions
to the subdivision approval shall prevail over the right-of-way and transportation system
standards set forth in this chapter and the engineering design standards manual, so long as
street improvements are completed within five years of final plat approval or any extensions
granted under PTMC Title 18.
8. The regulations in this section are not intended to supersede or preclude the
enforcement of the provisions of the code relating to Flood Damage Prevention and Drainage
Improvement Requirements, Chapter 16.08 PTMC.
9. All street development permits are subject to the erosion control, stormwater
management and drainage plan requirements of Chapter 13.32 PTMC and the engineering
design standards manual, which requirements may be included as conditions of street
development permit approval.
12.04.140 Implementation of general requirements.
A Street Frontage Improvements. All development shall be required to make street
frontage improvements on the parcels' frontage. Such improvements may include, as further
specified in the engineering design standards manual, stormwater improvements, curbs and
gutters, water and sewer lines, utilities, traffic signals/signs, walkways, sidewalk.q, pathways,
bike lanes, street trees, landscaping, street widening, and/or any other reasonably necessary
improvements. Such frontage improvements shall generally include the full improvements
identified in the engineering design standards manual for the type of street at issue for the side
of the street abutting the lot frontage. In addition, any required grading and paving shall
generally be required to extend the full width of the street, as determined by the minimum
standards for the type of street set forth in the engineering design standards manual. Full
improvements to both sides of the street can be required based on an individual analysis of
whether such improvements are reasonably necessary to mitigate the direct impacts of
development and/or meet safety concerns. The frontage improvement requirements set forth
in this section may be waived if the criteria of Section 12.04.160 are met.
B. Minimum Right-of-way Widths. The minimum right-of-way widths for streets and
pathways shall be as specified in the engineering design standards manual.
C. Dedications/Easements. Person(s) developing property may be required to dedicate
additional right-of-way or easements for public street and transportation systems to meet
16
minimum right-of-way requirements, for public safety and compatibility with the arm's
circulation system, and/or for nonmotorized pathway connections, when to do so is found to
be reasonably necessary as a direct consequence of the proposed development or plat to which
the dedication of land or easement is to apply.
D. Street Pavement.
1. Paving of New Streets and Connecting Unopened Streets. All unopened rights-of-
way to serve a proposed development shall be graded and paved to and through the lot
frontage from the nearest opened street as a condition of street development. Paving of
connecting, unopened rights-of-way beyond the block on which the proposed development is
located shall be required if, based on an individualized analysis, the director determines that
such paving is reasonably necessary to ensure public safety (including but not limited to
emergency vehicle access) and/or to mitigate the direct impacts of the development.
2. Upgrading or Paving of Opened, but Substandard Connecting Street(s). If the
street to be opened and improved to serve the proposed development connects to a substandard
street(s) and such substandard street(s) is the only connection to the street network, the director
may require paving or upgrading of such connecting street(s). Whether such connecting
street(s) must be upgraded or paved shall be based on an individualized analysis of whether
such off-site improvements are reasonably necessary to ensure public safety (including but not
limited to emergency vehicle access) and/or to mitigate the direct impacts of the development.
3. Paving and Upgrading of Existing Substandard Streets Abutting the Lot Frontage of
the Development. Any street that does not meet the current design standards is considered a
substandard street. If the proposed development is served by a substandard street abutting the
lot frontage, and the proposed development creates the need for upgrading or paving the
substandard street, the developer will be required to pay the full costs of upgrading or paving
in order to mitigate the direct impacts of the proposed development and/or meet safety
requirements.
E. Other Off-site Improvements to Unopened or Substandard Streets. In addition to
paving and grading, the director may require any and all off-site improvements, as further
specified in the engineering design standards manual, reasonably necessary to mitigate the
direct impacts of development and/or meet safety requirements.
F. The city reserves the right, in its sole discretion, to pay a portion or all of the costs of
off-site improvements, including paving of streets, as determined on a case-by-case basis and
to the extent funds are available.
G. Dead-end Streets. The public works director may require that streets forming a
permanent or temporary dead-end be improved with a cul-de-sac, hammerhead or other
vehicular turnaround in accordance with the engineering design standards manual.
H. Sight Obstruction. Pedestrian, vehicle and traffic control devices, and trees and
shrubbery, shall be located and maintained to prevent sight obstruction as set forth in the
engineering design standards manual.
I. Fire Access. If a lot does not have access for emergency vehicles from a street or
private easement which meets the requirements or standards of the engineering design
standards manual, such access shall be provided from the nearest existing opened street fight-
17
of-way. Any existing street must also meet these requirements, unless the public works
director approves an alternative that provides adequate emergency vehicle access.
J. Driveways. All curb cuts, driveways or other points of access or egress to a street
shall be located and conform to the specifications in the engineering design standards manual.
Private driveways located in the public right-of-way may be approved in limited instances and
require a street development permit or minor activities permit, depending on the
circumstances.
K. Intersections - Sight Obstruction. The number of local access streets intersecting with
principal and minor arterials shall be held to the minimum. Intersection geometrics shall be as
specified in the engineering design standards manual. Sight obstruction and sight distance
requirements shall be as specified in the manual.
L. Utilities. When utilities are installed in streets, trench backfill and street restoration
shall be as specified in the engineering design standards manual and/or any applicable
franchise agreement. Utilities such as telephone, power and cable television lines shall be
placed underground where required in the engineering design standards manual.
M. Traffic Calming. Methods to calm traffic and provide for the safety of pedestrians
and bicyclists on local access streets are encouraged as further described in the engineering
design standards manual.
N. LID/RID No Protest Agreements. Whenever the director (1) grants a waiver or
modification of, or variance from, the engineering design standards, or (2) imposes a street
development requirement that is less than the minimum standards based on an analysis of the
particular project impacts, the director has full authority to require that the property owner(s)
enter into a "no protest agreement." Where a property owner enters into a no protest
agreement with the city waiving the property owner's right under RCW 35.43 et seq., to
protest formation of a local improvement district (LID) or road improvement district (RID),
the agreement must specify the improvements to be financed by the district and set forth the
effective term of the agreement, which shall not exceed ten years. The agreement shall be a
burden upon and run with the title to the property subject to the development application, and
shall be binding upon all successors and owners of the property. The agreement shall be
recorded with the Jefferson County Auditor. The agreement cannot require the property
owner to waive objections to the amount of the owner's individual assessment (including the
determination of special benefits allocable to the property) or the right to appeal the final
assessment to superior court.
O. Maintenance of Streets. The city has a program for maintenance of open and
approved streets. In the case of rights-of-way which were privately developed, the city will
not maintain such right-of-way unless the city has "accepted" the right-of-way as a public
street. A street will not be deemed to be accepted unless it is an approved street, or unless
the street is devoted to a general use by and for the convenience of public travel as opposed
to a local access street predominantly used by the owners of abutting properties which was
constructed to minimum street standards at the time of installation of the street.
18
12.04.150 Cutting significant trees and vegetation.
Notwithstanding any other provision in this chapter, no significant trees or vegetation, as
defined in Section 12.04.030 and the engineering design standards manual, shall be pruned,
cut down or removed from any city right-of-way, except as follows:
A. Emergency. The restrictions on cutting or removing a significant tree do not apply
where the tree presents a clear and present danger or is otherwise detrimental to the public
health safety and welfare as determined by the public works director. In the event that any
such trees are cut or removed by a utility, such utility shall notify the city of doing so
within 24 hours of the time of the removal.
B. Existing Developed Area. A significant tree in an existing developed right-of-way
may be cut down or removed with the prior approval of the public works director, or
pursuant to a street development permit, utility development permit, ESA permit, or other
city permit. Such permits shall include identification of all significant trees or vegetation on
the site. Where significant trees or vegetation are identified, the public works director may
condition or mitigate any significant adverse impacts of development through SEPA, the
F_SA ordinance, or under the authority granted in the chapter.
C. Street Opening. Removal of the tree or vegetation cannot be avoided for the
opening of the street and construction as set forth in the engineering design standards
manual.
D. City Trimming/Pruning. This section shall not be construed to prevent the necessary
trimming or pruning of significant trees by the city or under city permission or agreement
for the purpose of protecting telephone, electrical or other above-ground utility wiring, for
vehicle or other safety purposes or for the health of the trees.
12.04.160 Waiver/modification of the required right-of-way and transportation
improvement standards.
A. Authority to Grant Waiver/Modification. The provisions of this section are intended
to be a separate and distinct procedure from the zoning code variance procedures. Waivers
and/or modifications of the standards of this chapter and/or the engineering design standards
manual may be granted only upon meeting the criteria of subsection B below. Waivers may
be initiated by the city or the developer pursuant to subsection D below, or by the public
works director on his or her own initiative.
B. Criteria. The public works director may waive or modify applicable requirements
contained in this title and/or the engineering design standards manual for paving, curb and
gutter installation, storm drainage, design of structures and/or grading to future right-of-
way grade, signs or other traffic control devices, landscaping, walkways, bikeways,
sidewalks, on-street parking, driveways, surveys, engineering, street widening, cul-de-
sacs/hammerheads, and/or utilities, when it is determined that the waiver or modification
will not harm or will be beneficial to the public in general and that one or more of the
following conditions are met:
1. Ix>cation in an environmentally sensitive area as determined by Chapter 19.05
PTMC, disruption of existing drainage patterns, or removal of natural features such as
19
significant trees or vegetation makes widening and/or improving the street or right-of-way
impractical or undesirable.
2. The existence of a structure such as a substantial retaining wall makes widening
the street or right-of-way impractical or undesirable.
3. Widening and/or improving the street or right-of-way would eliminate street
access to an existing lot.
4. Widening and/or improving the street or right-of-way would make building on a
lot infeasible by reducing it to dimensions where; (1) development standards cannot
reasonably be met; or (2) under which the property owner will have no reasonable use of
the property.
5. One or more structures on the same side of the block as the proposed project are
located in the area needed for future expansion of the street or right-of-way, and the
structure(s)' condition and size make future widening of the remainder of the street or fight-
of-way unlikely.
6. Widening and/or improving the street or right-of-way is impractical because
topography would preclude the use of the street for vehicular access to the lot (for example
due to an inability to meet the required maximum driveway slope).
7. Widening, paving or street frontage improvements are unnecessary because
(1) the street is adequate for current and potential pedestrian and vehicular traffic, for
example, due to the limited number of lots served by the development, or (2) the
development is on a street that is already developed at or near its zoned capacity and the
improvements would provide little public benefit.
8. The specific design of the future street is currently unknown, making immediate
improvement impractical and undesirable.
9. The installation of the required improvements would likely cause unacceptable
significant adverse environmental impacts that may not be mitigated as determined by the
SEPA official, and the waiver/modification would avoid such impacts.
10. There is insufficient street or right-of-way adjacent to the lot[si and easement
access cannot be obtained across private property or
11. There is no street or right-of-way adjacent to the lots and easement access can
be obtained across private property.
12. In the case of engineered plans for street construction, when the public works
department determines that engineering is unnecessary due to the limited extent of the
improvements, where short or dead-end streets have no foreseeable need to be joined to the
city's existing street network at a future date, or where storm drainage concerns are not at
issue or are a minor issue.
13. Application of the requirements of the engineering design standards manual
as applied to a particular development would conflict with goals and policies of the Port
Townsend comprehensive plan.
14. It is determined that development of the property will create impacts which
can only be later mitigated through construction of an area-wide or neighborhood
improvement and it would be unreasonable to require the full improvement as a condition of
the development.
2O
15. It is determined that the street frontage improvements required in the
engineering design standards manual could best be accomplished by construction of area-
wide improvements at a future date.
16. It is determined that requiring paving of an existing substandard street would
be unreasonable because of the limited impacts caused by the proposed development.
17. It is determined that private streets or access easements can provide necessary
vehicular access, including emergency vehicle access.
18. It is determined that emergency vehicle access is otherwise adequate.
C. Any waivers from the engineering requirement under this section do not exempt the
developer from submitting plans which meet all other applicable specifications contained in
the engineering design standards manual.
D. Application Requirements. The application for a waiver or modifications of the
above listed standards shall be by written request to the city and shall be accompanied by a
nonrefundable filing fee in the amount set forth in Chapter 3.36 PTMC. The application
shall be made on a form provided by the city. The application shall specify which
requirement(s) of this chapter and the engineering design standards manual are at issue and
which of the condition(s) listed above can be met. It shall also contain a statement as to
why the deviation from the required standards is necessary and why the waiver or
modification sought will not harm or will be beneficial to the general public.
E. Public Works Director's Decision. The public works director will make a decision
within 2I days of receipt of the application, subject to his or her notification to the applicant
that additional time is needed to obtain further necessary information. The public works
director's decision shall be made in writing and shall be an administrative decision which
may be appealed by the applicant only pursuant to Chapter 1.14 PTMC, upon payment of
an appeal filing fee in the amount set forth in Chapter 3.36 PTMC.
F. Authority to Condition. The public works director may, in his or her discretion,
condition the granting of the modification or waiver on the property owner(s) signing of a
no protest agreement to future formation of an LID or RID, as further set forth in
subsection 12.04.140N of this chapter.
12.04.170 Variances.
A. Authority to Grant Variance. The public works director shall have the authority,
under limited circumstances, to grant a variance from the requirements of this chapter,
provided, however, that all variances under Titles 17 and 18 shall be processed and decided
under the requirements of those ritles:
B. Application Requests. The person(s) seeking a variance shall prepare and submit an
application to the city on forms provided by the city and accompanied by a filing fee in the
amount set forth in Chapter 3.36.020, PTMC. Upon receipt, the application shall first be
reviewed for completeness. If the application is incomplete, the director shall promptly
return it to the applicant and indicate the additional information needed to make the
application complete.
21
C. Public Works Director's Decision. Within 30 days of receipt of a complete
application, the public works director shall make a determination to grant the variance,
grant the variance under certain delineated conditions, or to deny the variance. The time
for such determination may be continued to a later date as agreed to in writing by the
applicant.
D. Criteria. A variance may be from all or part of the requirements of this chapter,
may require other standards to be satisfied by the applicant, and may be subject to any
conditions which the public works director deems necessary to carry out the purpose and
intent of this tire in the public interest, safety and welfare. In making his or her
determination, the public works director may grant a variance only upon specific written
findings of fact and conclusions showing that all of the following conditions exist:
1. The variance will not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zoning district in which the
subject property is located; and
2. The variance is necessary because of special circumstances relating to the size,
shape, topography, location or surroundings of the subject property, to provide it with use
rights and privileges permitted to other properties in the vicinity and in the zoning district in
which the subject property is located; and
3. The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zoning district in
which the subject property is located; and
4. The special circumstances of the subject property make the strict enforcement of
the provisions of this fire an unnecessary hardship to the property owner; and
5. The special circumstances of the subject property are not the result of the actions
of the applicant; and
6. The variance is the minimum necessary to fulfill the purpose and the need of the
applicant; and
7. The variance is consistent with the purposes and intent of this fire; and
8. The variance is consistent with the goals and policies of the Port Townsend
comprehensive plan; and
9. The fact that property may be utilized more profitably will not be an element of
consideration before the decision maker.
E. The public works director's decision shall be made by written findings and
conclusions and is an administrative decision which may be appealed by the applicant only
pursuant to Chapter 1.14 PTMC, upon payment of an appeal filing fee in the amount set
forth in Chapter 3.36 PTMC.
22
Article IV - Liability, Violations and Appeals
12.04.180 Property damage responsibility.
Any person who damages any public property or improvements, either without a street
development permit or in carrying out a street development permit, shall be responsible for
restoration of the area damaged to its prior condition. If the person fails to do so, the
public works director shall have the authority to restore the damage either with city labor
and materials or by hiring a licensed contractor, and charge the cost of the work plus
administrative overhead against the person responsible for such damage.
12.04.190 Liability of city.
This chapter shall not be construed as imposing on the city or any city official or employee
any liability or responsibility for damages to any person or property injured by the
performance of any work done under a street development permit; nor does the city or any
city official or employee assume any such liability or responsibility by reason of inspections
authorized by the provisions of this chapter, the issuance of any permit, or the approval of
any work. This title is for benefit of the city of Port Townsend and not for any individual
property owner or citizen.
12.04.200 Interpretations.
Where there is any dispute concerning the interpretation of this chapter, the decision of the
public works director shall prevail, subject to appeal pursuant to Chapter 1.14 PTMC.
12.04.210 Violations, enforcement and penalties.
A. Director's Authority; Chapter 20.10 Made Applicable. The public works director is
authorized to enforce the provisions of this rifle. All violations of this rifle are made subject
to all the provisions of Chapter 20.10 PTMC, and the director is authorized to order
correction and discontinuance of any violative condition of the provisions of this title under
the procedures of Chapter 20.10 PTMC, which provides for suspension and revocation of
permits, voluntary correction orders, notice and orders to correct the violation, abatement
orders, stop work and emergency orders, and assessment of civil and/or criminal penalties.
B. Immediate Stay Orders. Pending commencement and completion of the voluntary
correction and/or notice and order procedures of Chapter 20.10 PTMC, the director may
order the immediate cessation of any activity causing the violative condition by notice in
writing served on or mailed to the person(s) engaged in or causing such condition. Such
order shall not be affected by any right of appeal afforded by this or any other code
provision.
C. Additional Authority. The public works or BCD director may list the provisions of
any permit under this chapter, and/or any required no-protest agreement or agreement to
participate in a local improvement district, as a condition of any approved building or other
permit. In addition to the enforcement provisions of this chapter, the condition may be
enforced as part of the building or other permit.
23
D. Public Nuisance. All violations of this title and standards required thereby are
determined to be detrimental to the public health, safety and welfare and are public
nuisances. All conditions which are determined by the director to be in violation of this
title or standards required thereby shall be subject to the provisions of this title and shall be
corrected by any reasonable and lawful means, as provided in Chapter 20.10 PTMC.
12.04.220 Appeals.
A. Administrative Appeals. An administrative decision of the public works director to
issue or refuse to issue a permit, or to revoke or refuse to revoke a permit, or to issue an
emergency or stop work order may be appealed pursuant to Chapter 1.14 PTMC, except
that appeals of enforcement decisions under Chapter 20.10 PTMC (Land Use
Administration and Enforcement) shall be governed by that chapter. The appeal must be
accompanied by a filing fee in the amount set forth in Chapter 3.36 PTMC. Any such
decision of the public works director shall be final at the time made, unless appealed.
B. Judicial Appeals. Appeals from the final decision of the city pursuant to Chapter
1.14 PTMC shall be made to the Jefferson County superior court within 21 calendar days
from the date of the issuance of the decision, and processed in accordance with the Land
Use Petition Act, 36.70C RCW.
24
SECTION 2. Section 12.08.640, Unlawful digging of streets, and Section 12.08.050,
Deposit, of Chapter 12.08 are hereby repealed. A new section 12.08.020, Restoration of
right-of-way is created; Section 12.08.020 is renumbered and recodified as .030; Section
12.08.030 is renumbered, renamed, and recodified as 640. Chapter 12.08, Street
Conditions, is renamed Right-of-way Conditions and amended as follows:
Chapter 12.08
RIGHT-OF-WAY CONDITIONS
Sections:
12.08.010
12.08.020
12.08.,~.,~
12.08.,,.,,,
12.08.060
Removal of debris accumulation.
Restoration of right-of-way.
030 Notice to remove obstruction. [ren-mbered/recodified]
640 Failure to remove or restore. [renumbered/recodified]
.... ' .... ~'--'-"--:---~' ....... [repealed]
Deposi;. [repealed]
Leaving streets in improper condition.
12.08.010 Removal of debris acc-mulation.
All earth, rock, stones and other substances which have heretofore and which may hereafter
accumulate in any open street ~ of the city, by caving, falling, crumbling or sliding
from land abutting upon such street en'-at~, shall immediately be removed at the cost of the
owner of the land so caving, falling, crumbling or sliding from the land abutting upon such
street or alley. This section also prohibits the accumulation of debris mused by any vehicle,
truck or person. (Ord. 118 § 1, 1885).
12.08.020 Restoration of right-of-way.
All persons making any right-of-way improvements or doing any work in any right-of-way,
whether pursuant to a street and utility development permit, minor activities _:)emit or
without a permit, shall be solely responsible for restoring the street. Such persons shall
leave all rights-of-way in as good and safe condition in all respects as they were before the
commencement with the work, and as may be further set forth in city ordinances,
regulations, or the engineering design standards manual.
(Ord. __ § 2, 1997.)
12.08.020030 Notice to remove obstruction.
Notice to forthwith remove all suc,h obstructions, and/or to restore streets, shall be given to
the persons liable for the costs of removing oI.mitogng the same, as provided in PTMC
Chapter 20 10 '" "° "'" .......... :-- -'--' 1- ...... : ......... : .... -' ---' -1--' 1- ...... ~ ~--
· I~=,,%/O,~IL/, Ot{.%.,ll ll%YlJ.~ i~llglil IJ~ I'~IILI, GII ~.Jl IJllll~ I~{J.l%.l ~lllilJ. l {J~ i~;l¥1[~J, Os
25
.[VI, U/ ~/~lJ.%.~! V! I~IJ. IU I/Viii WlUL, II ,'~UL,II VU~)Li. UI~,UVII~ ;~lll~lJ. ll,n¥~
r~o-,,,~ -, .,. ~-~. (Ord. __ ~ 2, 1997; ~d. 118 ~ 2, 1885).
12.08.030040 Failure to remove or restore.
If the owner of such premises sha~ fails to remove or restore the right-of-way within three
nc~, such obstruction -~-' be~v,~-~----"Lmw,u, may be removed or such s~eet may be restored
by the stre~ ' ' city, and the properS, such owner shall pay [~
'-' ......... ' ' ................................. of commencing ...........
~d abatement costs as fu~er sa fo~ ~ Chanter 20.10 ~C. (Ord. ~ ~ 2, 1997;
Ord. 118 ~ 3, 1885).
lli&lltGll~l~ ~IIU 111 UIG ~IIUUIIL Ui ~JW.W IUi ~bli &IU GYUI~ BUbll ~UI~G IUl WIUbli IL
UIU ~aOll~ ~1[~ ~111~11[, gll~ ~1~111 ~i ~1 ~Ol~la~Oll ~111~11 ~11~ ~Ul~al[ 111 ~1~
(Ord. ~ ~ 2, 1997; Ord. 1953 ~ 1, 1983; Ord. 790 ~ 1, 1911).
O~ll ~11~ UU IULUllI~ U~ ~15ll ~ UIU ~l~ll 111~11[ UIU ~IIU M~II IIULIII~HUII
IIUIII UIU ~gUH~ ~Ulg U~tlIIUIIt [U UIU ~1~1~ Hl~t ~11 BU[g 11~ ~11 ~l~k$ 111
pIU~l ~IIUIUUIII ~IU ll~ U~II ~IU~II~ lllal~ll~ IUI UIIU ~) U~ Ul k~ ~il ~U~ IIG~
bond. (Ord. ~ ~ 2, 1~7; Ord. 1953 ~ 2, 1983; ~d. 7~ ~ 2, 1911).
26
12.08.060 Leaving streets in improper condition.
It shall further be deemed unlawful and a violation of this chapter for any person, firm or
corporation pursuant to any of the purposes hereinbefore mentioned to leave any sn~
streets in an improper condition for travel, which violation shall be subject to enforcement
and penalties provisions of Chapter 20.10 PTMC. (Ord. ~ § 2, 1997; Ord. 2508 § 2,
1996; Ord. 790 § 3, 1911).
27
SECTION 3. Chapter 12.10, Street right-of-way, is hereby repealed in its entirety.
SECTION 4. Section 12.12.010, Definitions, of Chapter 12.12 is hereby repealed.
Chapter 12.12, Sidewalk maintenance, construction and repair is hereby amended as
follows:
Chapter 12.12
SIDEWALK MAINTENANCE, CONSTRUCTION AND REPAIR
Sections:
Article I.
12.12.020
12.12.030
12.12.040
General Provisions
[repealed]
Scope.
Adjoining property owners/occupants to clean sidewalks.
Standards for sidewalk construction.
Article H. Sidewalk Construction - Responsibility and Process
12.12.050 Owner's responsibility to consWact sidewalks.
12.12.060
12.12.070
12.12.080
12.12.090
12.12.100
12.12.110
12.12.120
Necessity to construct.
Order to construct - Notice.
Order to construct - Requirements.
Order to construct - Serving of notice.
Notice - Noncompliance - Action by city - Assessment.
Assessment - Hearing - Notice.
Assessment- Collection.
Article IH. Sidewalk Maintenance and Repair/Reconstruction/ConstructiOn
12.12.130 Authority to construct improvements of sidewalks, gutters, curbs and driveways.
12.12.140 Unfit sidewalk - Resolution ordering improvements.
12.12.150 Resolution - Notice.
12.12.160 Service of notice.
12.12.170 Assessment roll showing costs - Notice.
12.12.180 Assessment of abutting property for sidewalk improvements - Hearing.
12.12.190 Collection of assessments.
12.12.200 Authority to proceed under Chapter 35.68 RCW.
12.12.210 Curb ramps for physically handicapped - Standards and requirements.
12.12.220 City participation in voluntary improvements.
12.12.230 Exemption to payinenL Limitation on abutting owner's obligation under this
chapter
For statutory provisions on sidewalks in second class cities, see Chapters 35.68, 35.69 and
35.70 RCW, three copies of which are on file with the city clerk for public examination.
28
Article I. General Provisions
12.12.020 Scope.
This chapter shall not be construed as repealing or amending any provision of the street
standm'ds transportation and rights-of-way improvement ordinance, Chapter 12.04 PTMC,
any other laws or city ordinances relating to construction, reconstruction and repair of
sidewalks, gutters and curbs along driveways across sidewalks, or any provision relating to
the improvement of streets or public ways by special assessments commonly known as local
improvement laws, but shall be considered as additional and ancillary legislation. The
procedures set forth in this chapter shall apply only where the sidewalk improvement is not
required by other ordinances of the city, including, but not limited to, hh~ sh-~ slanda~d:,
ordinam~, Chapter 12.04 PTMC, the SEPA ordinance, Chapter 19.04 PTMC, the
subdivision ordinance, PTMC Title 18, or any zoning laws of the city of Port Townsend.
(Ord. § 2, 1997; Ord. 2474 § 1, 1995).
12.12.030 Adjoining property owners/occupants to clean sidewalks.
It shall be the responsibility of every occupant or owner of property abutting upon a public
sidewalk to maintain the sidewalk at all times in a condition that is fit and safe for purposes
of public travel and is free of any and all obstructions or defects, including, but not limited
to, snow, ice, and mud. (Ord. 2474 § 1, 1995).
12.12.040 Standards for sidewalk construction.
All sidewalks constructed, maintained, reconstructed, repaired or improved ~
chapter shall conform to established grade, materials and standards established by the city,
shall conform to ADA criteria for new or reconstructed sections, and shall be subject to
approval by the public works director. Information concerning grade, materials and
standards shall be available to property owners on request. (Ord. § 2, 1997; Ord.
2474 § 1, 1995).
Article H. Sidewalk Construction - Responsibility and Process
12.12.050 Owner's responsibility to construct sidewalks.
Pursuant to Chapter 35.70 RCW, as now or later amended, the burden and expense of
constructing sidewalks along the side of any street or other public place shall devolve upon
and be borne by the directly abutting property. The city may charge such property with all
costs of construction of any form of sidewalk improvement, in accordance with the
procedures set forth below; provided that such abutting property shall not be charged with
any costs of construction in excess of 50 percent of the valuation of such abutting property,
exclusive of improvements thereof, according to the valuation last placed ur>on it for
pu _rposes of general taxation. (Ord. __ § 2, 1997; Ord. 2474 § 1, 1995).
29
12.12.060 Necessity to construct.
The public works director shall report to the city council areas where, in his or her
judgment, public convenience or safety requires that a sidewalk be constructed along either
side of any street. To the extent possible, the public works director's report shall be tied to
the capital improvement plan process. (Ord. 2474 § 1, 1995).
12.12.070 Order to construct - Notice.
If, upon receiving a report from the public works director, the city council deems the
construction of the proposed sidewalk necessary or convenient for the public, it shall by an
appropriate resolution order the sidewalk constructed. The council shall direct the public
works director to serve a written notice upon the owner of each parcel of land abutting upon
that portion and side of the street where the sidewalk is constructed, requiring the owner to
construct the sidewalk in accordance with the resolution. (Ord. 2474 § 1, 1995).
12.12.080 Order to construct - Requirements.
The resolution and notice and order to construct a sidewalk shall:
A. Describe each parcel of land abutting upon that portion and side of the street where
the sidewalk is ordered to be constructed;
B. Specify the kind of sidewalk required, its size and dimensions, and the method and
material to be used in the construction; C. Contain a cost estimate; and
D. State that unless the sidewalk is constructed in compliance with the notice and within
a reasonable time as specified, the city will construct the sidewalk and assess the cost and
expense against the abutting property described in the notice. (Ord. 2474 § 1, 1995).
12.12.090 Order to construct - Serving of notice.
The notice shall be served:
A. By delivering a copy to the owner or reputed owner of each parcel of land affected,
or to the authorized agent of the owner(s); or
B. By leaving a copy at the usual place of abode of such owner in the city with a person
of suitable age and discretion residing therein; or
C. By leaving a copy with an agent of the owner(s) authorized to collect rentals on such
parcel of land; or
D. If the owner is a nonresident of the city and his or her place of residence is known,
by mailing a copy to the owner addressed to his or her last known place of residence; or
E. If the place of residence of the owner is unknown or if the owner of any parcel of
land affected is unknown, by publication in the official newspaper of the city, once a week,
for two consecutive weeks. The notice shall specify a reasonable time within which the
sidewalk shall be constructed which, in the case of publication of the notice, shall be not
less than 60 days from the date of first publication of such notice. (Ord. 2474 § 1, 1995).
30
12.12.100 Notice - Noncompliance - Action by city - Assessment.
If the notice and order to construct a sidewalk is not complied with within the time
specified, the public works director shall proceed to construct the sidewalk and shall report
to the city council at its next regular meeting, or as soon after as is practicable, an
assessment roll showing each parcel of land abutting upon the sidewalk, the name of the
owner, if known, and apportion the cost of the improvement to be assessed against each
parcel of such land. (Ord. 2474 § 1, 1995).
12.12.110 Assessment - Hearing - Notice.
Upon action by the public works director set forth in PTMC 12.12.100, the council shall set
a date for hearing any protests against the proposed assessment roll and give notice of the
time and place of the hearing. Such notice shall be published once a week for two
successive weeks in the official newspaper of the city, and the date of the hearing may not
be less than 30 days from the date of the first publication of the notice. At the hearing or at
any adjournment of the hearing, the city council shall, by ordinance, assess the cost of
constructing or repairing the sidewalk against the abutting property in accordance with the
benefits to the property. (Ord. 2474 § 1, 1995).
12.12.120 Assessment - Collection.
The assessments shall become a lien upon the respective parcels of land and shall be
collected in the manner provided by law for the collection of local improvement assessments
and shall bear interest at the rate of six percent per annum from the date of the approval of
the assessment. (Ord. 2474 § 1, 1995).
31
Article HI. Sidewalk Maintenance and Repair/Reconstruction/Construction
12.12.130 Authority to construct improvements of sidewalks, gutters, curbs and
driveways.
Pursuant to Chapter 35.69 RCW, as now or later amended, the duty, burden and expense of
maintaining, repairing sidewalks, reconstructing or constructing sidewalks less than one
block in length (collectively referred to as "improvements") shall devolve upon the property
directly abutting the sidewalk as set forth in PTMC 12.12.140 through 12.12.190;
provided, that such abutting property shall not be charged with any costs of construction or
reconstruction under such sections in excess of 50 percent of the valuation of the abutting
property, exclusive of improvements thereon, according to the valuation last placed upon it
for purposes of general taxation. (Ord. 2474 § 1, 1995).
12.12.140 Unfit sidewalk- Resolution ordering improvements.
Whenever a portion of a street, not longer than one block in length, is not improved by the
construction of a sidewalk, or whenever a sidewalk or portion of a sidewalk has become
unfit or unsafe for travel and the city council by resolution finds that the improvement of
the sidewalk is necessary for public safety and convenience, the city may require the owner
of the property directly abutting upon such portion to perform the necessary improvements.
(Ord. 2474 § 1, 1995).
12.12.150 Resolution - Notice.
The resolution shall direct the public works director to notify the abutting owner(s)
instructing the owner to construct the improvements on such portion in accordance with the
plans and specif'lcations which shall be attached to such notice. The notice shall further:
A. Specify a reasonable time within which the work shall be commenced and
completed.
B. State that if the improvements are not completed within the time specified that the
city public works department will perform and complete the improvements and assess the
costs against the abutting property owner.
C. State that if the city performs the improvements the public works director shall, at a
fixed date specified in the notice, report to the city council an assessment roll showing the
lot or parcel of land directly abutting on the portion of the street so improved, the cost of
the improvement, and the name of the owner, if known.
D. State that at the time specified in the notice the time the council will hear any and all
protests against the proposed assessment; provided, however, that the hearing may be
postponed from time to time to a definite date until the hearing is held. (Ord. 2474 § 1,
1995).
12.12.160 Service of notice.
The notice provided for in PTMC 12.12.150 shall be deemed sufficiently served as follows:
A. If delivered in person to the owner; or
32
B. If left at the home of the owner with a person of suitable age and discretion residing
therein; or
C. If left with an agent of the owner authorized to collect rentals on such property; or
D. If the owner is not a resident of the state of Washington, by mailing a copy to his or
her last known address; or
E. If the owner is unknown or his or her address in unknown, by posting a copy in a
conspicuous place at such portion of the street where the improvement is to be made. (Ord.
2474 § 1, 1995).
12.12.170 Assessment roll showing costs - Notice.
Upon the expiration of the time fixed for completion of the improvements by the abutting
owner, if the owner has failed to perform such work, the public works department may
proceed to perform the Work and the public works director shall, within the time fixed in
the notice, report to the city council an assessment roll showing the lot or parcel of land
immediately abutting on that portion of the sidewalk so improved, the cost of the work and
the name of the owner, if known.
The city clerk shall give notice to the owner or owners at least 10 days before the meeting
of the city council that the roll has been fried with the city treasurer. Proof of publication of
the resolution ordering improvements and the mailing of the notice(s) to abutting property
owner(s) shall be filed with the city clerk prior to the hearing on the proposed assessments.
(Ord. 2474 § 1, 1995).
12.12.180 Assessment of abutting property for sidewalk improvements - Hearing.
The council shall at the time designated in the notice, or at an adjourned time or times, hear
any and all protests against the proposed assessments, and assess the costs of such work
against the property, based to the extent necessary on benefits derived to the property from
the improvements, and shall fix the time and manner for payment. This action may be taken
by resolution adopted in the usual manner. (Ord. 2474 § 1, 1995).
12.12.190 Collection of assessments.
The amount of the assessment, including interest, if any, shall become a lien against the
described property from the date of the filing of the assessment roll with the city treasurer.
The lien shall be collected in the manner as is provided by law for collection of local
improvement districts. (Ord. 2474 § 1, 1995).
12.12.200 Authority to proceed under Chapter 35.43 and 35.68 RCW.
PTMC 12.12.130 through 12.12.190 are adopted pursuant to the authority granted in
Chapter 35.69 RCW. As an alternative method of construction, reconstruction,
improvement or repair of sidewalks, the city, in its discretion, may follow the procedures
required for mandatory assessment set forth in Chapters 35.43 ~d 35.68 RCW, as now or
later amended, which are adopted by reference. (Ord. ~ § 4, 1997; Ord. 2474 § 1,
1995).
33
12.12.210 Curb ramps for physically handicapped - Standards and requirements.
A. The standard for construction on any city street, for which curbs in combination with
sidewalks, paths, or other pedestrian access ways are to be constructed, shall be not less
than two ramps per lineal block on or near the crosswalks at intersections. Such ramps shall
be at least 36 inches wide and so constructed as to allow reasonable access to the crosswalk
for physically handicapped persons, without uniquely endangering blind persons.
B. Standards set for curb ramping under subsection A of this section shall not apply to
any curb existing upon enactment of this section but shall apply to all new curb construction
and to all replacement curbs constructed at any point in a block which gives reasonable
access to a crosswalk.
C. Every ramp constructed under subsection A of this section, which serves one end of
a crosswalk, shall be matched by another ramp at the other end of the crosswalk. However,
no ramp shall be required at the other end of the crosswalk if there is no curb nor sidewalk
at the other end of the crosswalk, nor shall any matching ramp constructed pursuant to this
subsection require a subsequent matching ramp.
D. This section shall be supplemental and ancillary to all other state federal law,
including the Americans With Disabilities Act, relating to sidewalk standards for access by
the physically handicapped, as those laws currently exist or are later amended. (Ord. 2474 §
1, 1995).
12.12.220 City participation in voluntary improvements.
A. Voluntary Improvements. The provisions of this chapter shall not apply to individual
improvements undertaken voluntarily by an abutting property owner at his/her own
expense; provided, that such owner secures necessary permits prior to constructing the
improvements and conducts and completes the improvement under the supervision of the
public works department.
B. City Discretionary Contribution.
1. Where the property owner desires to remove and replace an existing sidewalk,
the city may, in its discretion, participate on a 50-50 basis sharing the cost of removal and
replacement, depending on funds available and the ranking of the repair on a priority basis,
pursuant to subsection (B)(4) of t_his section. In general, the repair of existing failed
sidewalks shall have priority over a similarly ranked new project.
2. If the property owner desires to participate in the removal and replacement of the
poor sidewalk and public works funds are not available to participate on a 50-50 basis, then
the public works department may remove the existing sidewalk material, if the owner will
install the new sidewalk to city specifications.
3. If a sidewalk repair involves city action ordering the property owner to repair the
sidewalk, all costs associated with that work shall be borne by the property owner, in
accordance with the provisions of this chapter.
4. Sidewalk Comparison Rating Form. The public works department shall
formulate a sidewalk comparison rating form which is to be used whenever it is necessary to
rank sidewalks for repair, maintenance, and new construction. This process shall be used as
necessary, based upon requests by property owners. The work accomplished during any
34
particular year shall be subject to the available funding from the city council. (Ord. 2474 §
1, 1995).
12.12,230 Ex.:.~ot.on,- .... _a -' .... to _a-3o~,.~at. Limitation on abutting owner's obligation under this
Notwithstanding any other provision in this chapter, an abutting owner shall not be charged
with the costs of reconstruction under this chapter if the reconstruction is re~_Uired to correct
deterioration of or damage to the sidewalk that is the direCt result of actions by the city or
its agents, to correCt deterioration of or damage to the sidewalk that is the dire~t result of
the failure of the city. to enforce its ordinances. Subject to this limitation, the cost of
reConstructing or repairing existing sidewalks may devolve u'~on the abutting property as set
forth in this chapter. (Ord. ~ § 4, 1997.)
35
SECTION 5. Chapter 12.16, House numbering, is hereby revised as follows:
Sections:
12.16.010
12.16.020
12.16.030
12.16.040
12.16.050
12.16.060
12.16.070
12.16.080
Chapter 12.16
HOUSE NUMBERING
Applicable streets.
Odd and even numbers.
Base line.
Numbering in each block.
Placement of numbers on house.
Filing of plats.
Owner to number at his owner's expense.
Fine for showing wrong number.
12.16.010 Applicable streets.
Ail house and buildings fronting on any public street or avenue in that part of the city hereafter
bounded and described shall be numbered in conformity with the provisions contained in this
chapter. This chapter shall apply to that part of the city enclosed within the following
boundary:
Commencing at the intersection of the centerline of Scott Street with the centerline of
Front Street, thence east along the centerline of Front Street (including the wharves) to
the centerline of block four, Original Townsite; thence north along the centerline of the
tier of blocks to the centerline of Lawrence Street; thence east along the centerline of
Lawrence Street to the centerline of Jackson Street; thence north along the centerline
of Jackson Street to the centerline of Roosevelt Street; thence east along the centerline
of Roosevelt Street to the centerline of Hudson Street; thence north along the centerline
of Hudson Street to the centerline of Cosgrove Street; thence west along the centerline
of Cosgrove Street to the centerline of Jackson Street; thence south along the centerline
of Jackson Street to the centerline of Roosevelt Street; thence west along the centerline
of Roosevelt Street to the centerline of Taylor Street; thence north along the centerline
of Taylor Street to the centerline of Taft Street; thence west along the centerline of Taft
Street to the centerline of Oak Street; thence south along the centerline of Oak Street
to the centerline of "F" Street; thence west along the centerline of "F" Street to the
centerline of Willow Street; thence north along the centerline of Willow Street to the
centerline of "J" Street; thence west along the centerline of "J" Street to the centerline
of Cherry Street; thence south along the centerline of Cherry Street to the centerline of
"F" Street; thence east along the centerline of "F" Street to the centerline of Willow
Street; thence south along the centerline of Willow Street to the Kuhn Estate; thence
west along the Kuhn Estate to the centerline of Walker Street; thence south along the
centerline of Walker Street to the centerline of Lawrence Street; thence west along the
centerline of Lawrence Street to the centerline of Scott Street; thence south along the
centerline of Scott Street to the place of beginning. (Ord. 818 § 1, 1912).
36
12.16.020 Odd and even nnmbers.
Buildings on the east side of streets and avenues running in a northerly and southerly direction
and on the north side of streets and avenues running in an easterly and westerly direction shall
be entitled to even numbers and buildings on the opposite side of the streets and avenues to odd
numbers. (Ord. 818 § 2, 1912).
12.16.030 Base line.
The initial or base line for numbering buildings fronting on streets running in a northerly and
southerly direction shall be Front Street; and the initial point or base line for numbering
buildings fronting on streets running in an easterly and westerly direction shall be Hudson
Street; and the first street number in each case shall be 100 and the first number in each
succeeding block going from the waterfront in either direction shall be increased by 100. (Ord.
818 § 3, 1912).
12.16.040 Numbering in each block.
The buildings in each block shall be numbered consecutively from the initial number of such
block, and each main entrance door on all the streets within the district shall be entitled to a
number and vacant land or lots between buildings fronting on such streets shall be entitled to
one number for every 10 feet or fraction thereof, and as to land lying in areas where no platted
streets exist, the same rule shall apply as if the platted streets in the city were extended into
such unplatted area. A block as used in this chapter shall consist of two half-blocks, one on
each side of the street. House numbers for buildings on corner or through lots shall be
numbered on the street which affords the principal means of access to the property. (Ord. 2125
§ 1, 1988; Ord. 1644 § 1, 1972; Ord. 818 § 4, 1912).
12.16.050 Placement of nnmbers on house.
The figures used in numbering the houses shall be made of durable material which is colored
to contrast sharply with the background and shall be at least five inches high, and such numbers
shall be placed in a conspicuous place near the door so that the same may be easily seen from
the street. If the figures cannot be easily seen from the street, a second set of figures, which
shall be at least three inches high, shall be placed on a post or mailbox at the property line
adjacent to the main entrance on the street. (Ord. 2125 § 2, 1988; Ord. 818 § 5, 1912).
12.16.060 Filing of plats.
A. It shall be the duty of the city engineer to prepare and keep in his/her office plats of lots
and blocks within the districts and to enter thereon in such manner as to enable all parties
interested to readily ascertain the same, the house number of all buildings or building lots in
accordance with the provisions of this chapter, and any person or persons desiring to ascertain
the number or numbers for house numbering purposes shall upon applying therefor and paying
a fee of $3.00 to the city treasurer, be informed in writing of the proper number or numbers
by the city engineer; provided, however, that every application for a building permit issued by
the city after the effective date of the ordinance codified in this section shall also include
37
application for house number, and shall be accompanied by the application fee of $3.00
provided for in this section.
B. The fee set forth in subsection A of this section shall not apply and shall not be collected
between June 4, 1986, and January 1, 1987. (Ord. 2040 § 1, 1986; Ord. 1644 § 2, 1972; Ord.
818 § 6, 1912).
12.16.070 Owner to n. mber at owner's expense.
It shall be the duty of every person owning a building located within the district to number the
same at his/her own expense within 15 days after the taking effect of the ordinance codified in
this chapter in accordance with the provisions thereof, and it shall be the duty of the police
~ public works department to notify the owner or owners of unnumbered houses of the
requirement of this chapter, and unless such houses be properly numbered within 30 days after
such notification, the owner or owners of such unnumbered house or houses shall be subject
to a ,,_,,~ ,.. ,,,.,,. niore tilt'Hi q~lU.~J UI Iii UUI~UI[ Ut UIU IJ~t~iliUll[ UI BU%,~ii IIIiU, tU
&ccordiiig u., l~w, bcfor~ ,~,y ,~,,,,~ ~,. ,~,,a,,},~,,~ ju,~u~,~,~,,, the_ nenalties and enforcement
provisions of Chapter 20.10 PTMC. (Ord. ~ § 5, 1997; Ord. 818 § 7, 1912).
12.16.080 Fine for showing wrong number.
If any person shall display on any building or house fronting on any street within the district
any numbering different from the numbers here indicated, he shall be subject to the same fine
provided in PTMC 12.16.070. (Ord. 818 § 8, 1912).
38
SECTION 6. Section 12.20.020, Definitions, is hereby repealed. Chapter 12.20, Street
vacation procedure, is hereby revised as follows:
Chapter 12.20
STREET VACATION PROCEDURE
Sections:
12.20.010
12.20.030
12.20.040
12.20.045
12.20.050
12.20.060
12.20.070
12.20.080
12.20.090
12.20.100
12.20.110
12.20.120
12.20.130
............ [repealed]
Scope.
Administration.
Petition fees.
Building and community development department recommendation.
Review criteria.
Legislative action.
Variances.
Compensation for vacation.
Appraisals.
Payment of compensation.
Recording ordinance.
Decision final.
12.20.010 Purpose.
The purpose of this chapter is to provide uniform review criteria for the vacation of streets
within the incorporated limits of the city, and to comply with the provisions set forth in Chapter
35.79 RCW. (Ord. 1802 § 1, 1978).
12.20.030 Scope.
This chapter all apply to all petitions or requests for the vacation or abandonment of platted,
deeded, dedicated, granted or otherwise conveyed public rights-of-way, including streets and
alleys within the incorporated limits of the city. (Ord. 1802 § 3, 1978).
12.20.040 Administration.
A. City Clerk. The city clei-k-i~easui-ei BCD or public works director or his/her designee
shall review all applications for street vacations to ensure that the application is filled out
properly pletely,_ard ~- -: ....................... '- ig ept
and com . ,.,,~ ,~,y ,~,~,~-u~m,~ u~ ,,,~ des nee shall not acc
application and/or application fees for deficient applications. The city cler~ or his or
her designee shall be responsible for the procedural requirements set forth in Chapter 35.79
RCW, including the setting of public hearings, posting of notices, publishing of legal notices
and similar matters.
B. The public works director or his/her designee shall coordinate the routing of the street
vacation application to ensure that all pertinent offices have submitted recommendations. The
39
public works director shall review applications to determine whether the proposed vacated street
will complement the overall area traffic circulation.
C. The public works director shall review applications to determine whether the proposed
vacation will be consistent with the orderly expansion and maintenance of the city street
system, the city sewer system, and the city water system and the city drainage system.
D. City Police Department. The police department shall review applications to determine
whether the proposed vacation will hinder the efficient delivery of police protection for the area
in which the street is to be vacated.
E. City Fire Department. The fire department shall review applications to determine
whether the proposed vacation will hinder the efficient delivery of fire protection for the area
in which the street is to be vacated.
F. Emergency Medical Services. Purveyors of emergency medical service shall review
applications to determine whether the proposed vacation will hinder the efficient delivery of
emergency services to the area in which the street is to be vacated.
G. City Planning and Building Department. The city planning and building department
shall review applications for conformance with the goals and policies contained in the city
comprehensive plan and other adopted city plans and the review criteria contained in this
chapter. (Ord. ~ § 6, 1997; Ord. 2256 § 1, 1991; Ord. 1992 § 1, 1984; Ord. 1802 § 4,
1978).
12.20.045 Petition fees.
Every petition for the vacation of any street, alley or public place, or any part thereof, shall
be accompanied by a payment to the city of a fee in the amount otherwise established by
ordinance of the city, to defray the costs of processing such vacation petitions and such fee shall
not be refunded under any circumstances. In addition, at the time the city council, or a
committee thereof, recommends granting a vacation petition, an additional fee in the amount
of $750.00 shall be paid to cover appraisal costs for a street, alley or public place. In the event
an appraisal cost is less than the payment therefor, the vacation compensation payable to the
city shall be reduced by the difference between the fee and the actual cost or, in the alternative,
such difference shall be refunded. (Ord. 2440 § 2, 1995; Ord. 1992 § 2, 1984).
12.20.050 Building and community development (BCD) department recommendation.
Before the city council takes action on street vacation applications, the city building and
community development department shall submit a recommendation to the city council, which
shall include the information set forth in PTMC 12.20.040 and the application of the criteria
for street or alley vacations set forth in PTMC 12.20.060. (Ord. 2440 § 3, 1995; Ord. 2256
12.20.060 Review criteria.
Review criteria for street vacation applications shall be as follows:
A. That the proposed vacation of a street or alley is in compliance with the goals and
policies of the city comprehensive plan and other adopted city plans; and
40
B. That the proposed vacated street or alley is not required for current or anticipated
overall area circulation; and
C. That the effectiveness of fire, law enforcement, medical or other emergency services
will not be unduly impaired by the vacation of the street or alley; and
D. That the proposed vacated street or alley is not required as a current or anticipated
utility corridor (suitable water, sewer, storm sewer and other easements may be required to
satisfy this criterion); and
E. That the proposed vacated street or alley is not required as a current or anticipated
bicycle, pedestrian or equestrian trail corridor (suitable trail easements may be required to
satisfy this criterion); and
F. That, in the case of the proposed vacation of any portion of a street or alley which abuts
a body of fresh or salt water, the proposed vacation meets the criteria and has been reviewed
and approved in accordance with RCW 35.79.035, as now or hereafter amended. (Ord. 2256
§ 3, 1991).
12.20.070 Legislative action.
The city council, upon receipt of a street vacation application, shall fix a time, by formal
resolution, of not more than 60 days and not fewer than 20 days from the date of said
resolution, when a public hearing will be held. The city council, on the date of the public
hearing, shall review the recommendation of the plmmingnmd tmitding BCD department and
all other testimony in support of, or opposition to, the proposed street vacation. The city
council shall make a decision to grant or deny petitions for street vacations by ordinance,
provided that such ordinance may retain an easement or the right to exercise and grant
easements over vacated property, and provided, further, that the proposed street to be vacated,
or part thereof, does not abut on a body of salt or fresh water, unless such vacation meets the
requirements set forth in RCW 35.79.035, as now or hereafter amended. (Ord. ~ § 6, 1997;
Ord. 2256 § 4, 1991).
12.20.080 Variances.
A. Variance Request. Variances from the review criteria set forth in PTMC 12.20.060 may
be permitted under certain circumstances, provided that a variance request is submitted in
writing and attached to the street vacation application.
B. Findings. The city council shall only grant a variance if it makes the following findings
on variance requests:
1. That there exist extraordinary conditions or unusual circumstances peculiar to the
property or structure thereon, not the result of the action of the applicant; and
2. That the literal enforcement of the review criteria would result in undue and
unnecessary hardship; and
3. That justice could be done and the public interest secured by the granting of a
suitable variance.
C. City Council Action. In granting variances, the city council may require such conditions
as will, in its judgment, secure substantially the objectives of the review criteria so varied.
(Ord. 2256 § 5, 1991; Ord. 1802 § 7, 1978).
41
12.20.090 Compensation for vacation.
All ordinances vacating any street or alley, or any part thereof, shall provide that the same shall
not become effective until the owners of property abutting upon the street or alley, or part
thereof so vacated, pay to the city one-half of the appraised value of the area so vaCated, or the
full apo_ raisal value if the city. acquired the right-of-way other than by dedication, except where
such payment is made prior to introduction of the ordinance. (Ord. ~ § 6, 1997; Ord. 1992
§ 3, 1984).
12.20.100 Appraisals.
The public works director is authorized to obtain appraisals from either qualified, independent
appraisers or qualified public works department personnel of the city, in the discretion of the
public works director, of such streets or alleys as are recommended for vaCation after hearing
by the city council or a committee thereof. Where qualified public works department personnel
are used to make the required appraisals, a reasonable hourly rate of compensation, as
determined from time to time by the public works director shall be charged against the appraisal
deposit fee. (Ord. 1992 § 3, 1984).
12.20.110 Payment of compensation.
Upon securing an appraisal of the value of the street or alley area to be vacated as provided in
this chapter, the public works director shall notify the petitioner that payment of one-half such
appraised value, deducting therefrom any appraisal fee coverage not previously refunded to
petitioner, may be made to the public works director who shall, upon receipt of any such
payment, forthwith transmit the same to the city treasurer for deposit in the general fund and
shall make a written report of such payment to the city council. (Ord. 1992 § 3, 1984).
12.20.120 Recording ordinance.
As required by law, a certified copy of the ordinance vacating a street, alley or public place,
or part thereof, shall be recorded by the city clerk in the office of the Jefferson County auditor,
upon receipt by the city of all fees and compensation required hereunder. (Ord. 1992 § 3,
1984).
12.20.130 Decision f'mal.
Any decision, finding, ruling, order or determination of the city council made pursuant to street
vaCations provided for in this chapter shall be final on the effective date of an ordinance giving
effect thereto, and no action to set aside or modify the same shall be brought in the Superior
Court or other tribunal unless the action shall be filed within 30 days from the effective date
of such decision, finding, ruling, order or determination. (Ord. 2206 § 4, 1990; Ord. 1990 §
4, 1984; Ord. 1802 § 7.20, 1978).
42
SECTION 7. Section 12.24.050, Review by city council, is hereby repealed. Chapter
12.24, Street and park trees, is hereby modified as follows:
Chapter 12.24
STREET AND PARK TREES
Sections:
12.24.010
12.24.020
12.24.030
12.24.040
12.2-,.,,.,~,
12.24.060
Purpose.
Definitions.
Maintenance.
Abuse or mutilation prohibited.
Review '----' ........."[repealed]
uy ~,~y ~OUtl~t.
Violations and penalties - Enforcement.
12.24.010 Purpose.
Much of the beauty of the city is concentrated in the trees situated in and along the public
rights-of-way within the city. In order to maintain, preserve and enhance the beauty of the city,
it is desirable that the roles and standards set forth in this chapter be established. (Ord. 2076
§ 1, 1987).
12.24.020 Definitions.
"Park trees" are def'med as trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, or located on all other property owned by the city within the
city limits.
"Street trees" are defined as trees, shrubs, bushes and all other woody vegetation on land
lying within the public rights-of-way as further defined in the engineering design standards
manu~. ~ ......... L ......... ,, ....... "L - - -' ~ - - ~ -" ....... ways ---"~'~- ~ -
--~ ......' ..........~ ......... -'~ .......... '- ~--" (Ord § 7 1997; Ord 2076 § 2
1987).
12.24.030 Maintenance.
Other than pursuant to a street development permit under Chapter 12.04 of this title, the city
parks public works department or any authorized professional hired by the city public works
department, shall have the sole right to cut, trim, prune, maintain and remove all street trees
and park trees within the city as may be neces~ for public safety or to preserve or enhance
the symmetry and beauty of such public grounds, streets and sidewalks, within the areas shown
in the ent, i_neerin~, desisn standards manual, u,, ,~,.,,,m, A Au u,~ u, uu,oa,~.~ ~,u,,,g4.s iii
~. (Ord. __ § 7, 1997; Ord. 2076 § 3, 1987).
12.24.040 Abuse or mutilation prohibited.
It is unlawful for any person to intentionally damage, cut, trim, prune, carve, transplant or
remove any street tree or park tree, or to attach any rope, wire, nail, poster, sign or other
43
object or contrivance to any street tree or park tree; or to allow any gas, chemical or liquid or
any solid substance of any kind which is harmful to such trees to come in contact with such
trees, including but not limited to gasoline, oil, paint, paint thinner, construction material,
plaster, garbage, litter, wastewater, sewage, soap or detergents, solvents, herbicides, fertilizers,
or bleach, regardless of whether any such materials harm any such tree or not; or to set fire or
permit or allow any fire to burn when such fire or the heat thereof will injure any portion of
any street tree or park tree. (Ord. 2076 § 4, 1987).
(Ord. ~ ~ 7, 1997; Ord. 2076 ~ 5, 1987).
12.24.060 Violations and penalties - Enforcement.
A. The public works director or his or her designee Cdirector") is authorized to enforce
the provisions of this chapter. All violations of this chapter are made subject to the enforcement
and penalties provisions of Chapter 20.10 PTMC and the director is authorized to issue all
orders and pursue all civil and criminal remedies and penalties pursuant to that chapter.
B. Pending commencement and completion of the voluntary correction and/or notice and
order procedures of Chapter 20.10 PTMC, the director may order the immediate cessation of
any activity causing the violative condition by notice in writing served on or mailed to the
person(s) engaged in or causing such condition. Such order shall not be affected by any right
of appeal afforded by this chapter. (Ord. 2508 § 4, 1996).
44
SECTION 8. Section 12.26.020, Definitions, is hereby repealed. Chapter 12.26, Street
latecomer agreements, is hereby modified as follows:
Chapter 12.26
STREET LATECOMER AGREEMENTS
Sections:
12.26.010
12.26.030
Purpose - Intent.
~'-~--- :'~' .... [repealed]
Authorization - Minimum project size.
12.26.040 Application Design standards/cost estimates - Combined street and utility
latecomer agreement.
12.26.050 Duration of street latecomer agreements.
12.26.060 Public works director's determination - Right of appeal.
12.26.070 Assessment reimbursement area and charge - Notice - Appeal.
12.26.080 Written agreement - Payment of city costs in excess of application fee.
12.26.090 Street latecomer agreement must be recorded.
12.26.100 Construction and acceptance of improvements - Recording of revised fees.
12.26.110 Acceptance of improvements or systems.
12.26.120 Defective work.
12.26.130 Implementation of street latecomer agreement - Prepayment requirement-
Administrative costs.
12.26.140 Payments of street latecomer charge - Notice of change of address required.
12.26.150
12.26.160
12.26.170
12.26.180
12.26.190
Rights and nonliability of city.
Director's authority - Violations.
Existing latecomer agreements - Completed construction.
Alternative financing method.
Severability.
12.26.010 Purpose - Intent.
A. Purpose. The purpose of this chapter is to define the procedures for executing 15-year
contracts between the city and developers for private construction of street improvements by
providing means for (1) partial cost recovery through a charge to later developers who were
not required to install similar street projects because they were already provided for by the
original developer, and (2) the establishment of benefit areas defining which properties are
subject to such charges and reimbursement shares based upon the benefit to the property. This
chapter is also intended to implement Chapter 35.72 RCW, et seq., as it now reads, or is later
amended.
B. Intent. It is intended that the processing of street latecomer agreements under this
chapter be independent from the project permit time lines contained in PTMC Title 20. (Ord.
2548 § 1, 1996).
45
12.26,030 Authorization - 1Minimum project size.
A. Authorization. Any property owner or developer of property located within the city
limits who uses private funds to construct street improvements may apply to the city tmitd/ag
and comraurdtyu,v-' .... ~,Ulam~m' ......... (BCD) dep~iiieii~ to establish a street latecomer agreement in
order to recover a portion of the costs from owner(s) of property benefitted by such
improvements when such owner(s) later apply for permits to develop their property.
B. Minimum Project Size. To be eligible for a street latecomer agreement, the estimated
total cost of the street improvements must be at least $2,500, to be adjusted annually in
accordance with the Engineering News Record Index CENR"). The determination of eligibility
shall be made by the public works director, based upon contractOr bids, engineering or
architectural estimates, or other information determined by the director to be a reliable basis
for estimating cost. The determination of the director shall be final and conclusive. (Ord. ~
§ 8, 1997; Ord. 2548 § 1, 1996).
12.26.040 Application - Design standards/cost estimates - Combined street and utility
latecomer agreement.
A. Application Form - Fee. The application must be on a form provided by the city BCD
dcpm'tm~ and accompanied by a nonrefundable application fee in an amount as set forth in
Chapter 3.36 PTMC, except as provided under subsection D below for combined utility and
street latecomer agreements. The application shall be accompanied by the following:
1. Cost Estimate/Design Standards. The street improvements design shall be based on
PTMC Title 12 "~' ..................... : ........
~u,~ ~u~o ~,~o_~,,~ ,,,,~,,~,,~, the ~ design standards manual, and
any requirements or modifications as recommended or required during or following the
preapplication conference for development review. Based on this information, the applicant
shall submit with the application a statement from a licensed contractor or engineer containing
an itemized estimate of the total projected cost of the street projects, including property
acquisition, acquisition of easements and/or right-of-way, contract administration, grading,
construction, paving, installation of curbs, streets, gutters, storm drainage, sidewalks or bike
lanes incorporated as part of the street improvements, street lights, traffic signals, signs, and
planting strips, and other similar improvements as required by city street standards.
2. A map depicting the boundaries of a proposed assessment reimbursement area and
consisting of those properties adjacent to the street improvements for which similar
improvements would be required as a prerequisite to deVelopment, each parcel of property
within such area, and the street improvements in relation to such property.
3. Copies of executed deeds and/or easements in which the applicant is the grantee for
all property necessary for the installation of such street projects.
4. The name and mailing address of each owner of record of property within the
proposed benefit area, together with the legal description and the size and the county assessor's
tax number for each property. Such information must be certified as complete and accurate by
the applicant.
B. Additional Requirements. When deemed necessary in the discretion of the public works
director to determine the benefit area and reimbursement charge, the city may also require that
the application be accompanied by any or all of the following:
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1. A proposed benefit area based on an assessment of which parcels adjacent to the
improvements would require similar street improvements as a condition of development,
including, if requested by the city, a special benefit analysis prepared by a certified MAI
appraiser.
2. A proposed assessment reimbursement roll stating a proposed assessment for each
parcel of property within the proposed assessment reimbursement area, to be determined by
apportioning the total street project costs among such parcels on the basis of the benefit of the
project to each such parcel of property.
3. Detailed construction plans and drawings of the entire improvements prepared and
stamped by a professional engineer with specific expertise regarding design, construction and
maintenance of public streets, and certifying that the design complies with city design standards
and specifications.
C. Compliance with City Requirements. Before an agreement will be processed, applicants
must comply with the requirements of this chapter, and all other applicable city ordinances,
rules and regulations.
D. Combined Street and Utility Latecomer Agreements. If a developer or property owner
is installing utility improvements under Ehapter-l--3-.~ Title 13 PTMC and requests a utility
latecomer agreement under that chapter, and is concurrently installing street improvements
under PTMC Title 12 and requests a street latecomer agreement, oni3r-one ~
latecomer agreement shall be processed under the procedures set forth in this chapter; provided,
that the benefit areas for the utility improvements and the street improvements are identical (if
they are not identical, the agreements will be processed separately). The application fee for a
combined utility and street latecomer agreement shall be a single fee, in the amount set by
Chapter 3.36 PTMC for a street latecomer agreement. (Ord. ~ § 8, 1997; Ord. 2548 § 1,
1996).
12.26.050 Duration of street latecomer agreements.
The street latecomer agreement shall be for a period of 15 years from the date the latecomer
agreement is signed by both parties. (Ord. 2548 § 1, 1996).
12.26.060 Public works director's determination - Right of appeal.
A. Approval of Application. The public works director shall review all applications and
shall approve the application only if the following requirements are met:
1. The project satisfies the minimum cost requirement and complies with city design
and construction standards and all applicable federal, state, and local laws, rules and
regulations, including but not limited to street codes, street standards manual, and
environmental laws;
2. The proposed improvements fall within the def'mition of street improvements;
3. The proposed improvements are not constructed or currently under construction;
4. The proposed improvements are consistent with the Port Townsend comprehensive
plan, transportation plan and/or nonmotorized plan or other functional plan adopted by the city;
and
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5. The city has the capability and capacity to service and maintain the street
improvements.
B. Public Works Director's Determination - Appeal of Determination. In the event all of
the above criteria are not satisfied, the public works director shall either condition approval as
neces~ in order for the application to conform to such criteria or deny the application. The
final determination of the public works director shall be in writing. ~"-,,,,~'- ,~,..,~,,1J--~'-:--- may be
C. Administrative Ap?~tl,
1. The final determination of the public works director is an administrative decision
h:&: which may be appealed by an applicant pursuant to Chapter 1.14 PTMC. to-t~
"- ~ .... '- ~- ............ -' .... :--: ..... :'-~ ......... ': ..... d i i f th publi rks
director not appealed shall be final at the time the decision is made. The appeal must be
accompanied by a filing fee in the amount set forth in Chapter 3.36 PTMC.
2. The procedures set forth in Chapter 1.14 PTIVIC shall apply to any appeal. In
reviewing a final determination, the clt-~ ~,u,z,.,. ~.,m aFIaz~ the criteria set forth above ~
h~, and shatimpt~ the administrative decision of the public works director upheld
unless evidence clearly demonstrates that the criteria have been satisfied. (Ord. § 8, 1997;
Ord. 2548 § 1, 1996).
12.26.070 Assessment reimbursement area and charge - Notice - Appeal.
A. Reimbursement Area Formula.
1. The public works director shall formulate the benefit reimbursement area for all
approved applications based upon a determination of which parcels adjacent to the
improvements would require similar street improvements upon development and will be
benefitted by the improvements.
2. The estimated amount of the reimbursement charge shall be established so that each
property owner obligated to make a payment under this chapter will pay a fair, pro rata share
of the cost of construction of the improvement and reimbursement of contract administration
costs of the street project; provided, however, that the public works director shall have the
authority to remove from the benefit area later developed properties if such properties do not
need to use the street improvements due to alternate access, or a similar, valid reason as
approved by the public works director (which may include such factors as topography, traffic
circulation and/or cost).
3. The city shall determine, in its sole discretion, the reimbursement share based on
the benefit to the property by using a method of cost apportionment such as a front footage,
acre, or other equitable basis.
B. Clarification Regarding Multiple Lots Owned by the Original Developer or Property
Owner.
1. For the purpose of formulating the proportionate benefit amount, the benefit area
shall include all properties owned by the developer at the time of the application.
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2. The applicant/property owner or developer is not entitled to reimbursement for lots
that are adjacent to the improvements if those lots are owned by such person at the time they
apply for the street latecomer agreement or at the time the street improvements are constructed.
C. Notice to Property Owners - Right to Request a Hearing. A notice containing the
benefit reimbursement area boundaries and preliminary or estimated charges shall be sent by
certified mail, return receipt requested, to the property owners within the proposed benefit
reimbursement area. The notice shall also contain a description of the property owner's rights
to request a public hearing before the city council with regard to the area boundaries and special
benefits and charges. The public works department will maintain a certificate or sworn
declaration of mailing in its files.
D. Appeal - RequeSt for Hearing.
1. Any appellant requesting a hearing under subsection C of this section must file an
appeal within 15 calendar days of the date the notice is mailed to the property owners. ~
-" "-- ~----'-- -'--" ~-- -: ....... " ............... appeal mpanied
~,, ,,,~ ,,~,,,,,,~ ~,,~, ,,~ ~,,~,, ~, ,~ aff~f, ~,,~,~.~,,y ~,.,,~,~. The must be acco
by a filing fee in the amount set forth in Chapter 3.36 PTMC. Any decision of the public works
director not appealed shall be fmal at the time the decision is made.
2. The procedures set forth in Chapter 1.14 PTMC shall apply to any appeal. Notice
of the hearing shall be given to all affected property owners. In reviewing a final
determination, the city council shall apply the criteria set forth in subsection A of this section,
and shall uphold the administrative decision of the public works director, unless evidence
clearly demonstrates that the criteria have been satisfied.
3. After reviewing the public hearing testimony and the determination of the public
Works director, the city council may approve, modify or reject the benefit reimbursement area
and/or charges. The city council's determination shall be final.
4. Any judicial appeal of the city council's determination must be fried and served
within 21 days of the issuance of tbe decision. (Ord. ~ § 8, 1997; Ord. 2548 § 1, 1996).
12.26.080 Written agreement - Payment of city costs in excess of application fee.
A. Upon approval of the application, formulation of a reimbursement area and charge,
notice to the property owners and expiration of the appeal period or a determination by the city
council, the street latecomer agreement and supporting documents shall be presented to the city
council with a resolution authorizing the mayor to sign the agreement on behalf of the city.
B. If in processing the application, the city incurs costs for engineering or other
professional consultant services, the public works director shall so advise the city council.
Council approval may be conditioned upon receipt of payment by the applicant of an additional
amount sufficient to compensate the city for its actual costs in excess of the application fee.
(Ord. 2548 § 1, 1996).
12.26.1190 Street latecomer agreement must be recorded.
In order to become effective, a street latecomer agreement must be recorded with the Jefferson
County auditor within 30 days of the final execution of the agreement. After the agreement has
been signed by all parties, the city shall record the agreement, with a notice to title on each
property within the benefitted area. (Ord. 2548 § 1, 1996).
49
12.26.100 Construction and acceptance of improvements - Recording of revised fees.
A. Construction of Improvements. After the street latecomer agreement has been signed
by all parties, and all necessary permits and approvals have been obtained, the applicant shall
construct the improvements and upon completion, request final inspection and acceptance of
the improvements by the city, subject to any required obligation to repair defects. The
develo.~r ma.v be_~in construction during the processing of the latecomer agreement: but such
construction shall be at the developer's sole risk and the city. assumes no liability in the event
that the latecomer agreement does not become effective.
B. Documents Required. An appropriate bill of sale, easement and any other document
needed to ensure right-of-access for maintenance and replacement shall be provided, along with
documentation of the actual costs of the improvements and a certification by the applicant that
all of such costs have been paid. A copy of any engineering "as-built" plans, specifications and
drawings, including all necessary rights-of-way and easement documents shall be provided to
the city prior to acceptance of the street improvements. The city may also require that the
documents be provided on "AutoCAD," or another electronic format as specified by the city.
In addition, the developer shall deliver to the city reproducible copies of all plans and
specifications, if any, and shall comply with any other requirements imposed by city codes or
adopted standards for engineering plans, specifications, and drawings.
C. Revised List of Charges. The final cost of the improvements shall be reviewed against
the preliminary assessments established by the city. Upon a showing of good cause, the
agreement shall be modified to include cost overruns up to a maximum of 10 percent. In the
event that actual costs are less than the public works director's estimate by 10 percent or more,
the public works director shall recalculate the charges, reducing them accordingly. For any
revisions under this section, the public works director shall cause a revised list of charges to
be recorded with the Jefferson County auditor, with a notice to title on each property within
the benefitted area. (Ord. 2548 § 1, 1996).
12.26.110 Acceptance of improvements or systems.
Upon approval of a street latecomer agreement and the completion and acceptance of the
construction, the street improvement(s) and/or system(s) shall become accepted city streets.
Acceptance of construction of the improvements must be evidenced by a written sign-off by the
public works director. Acceptance of the street as a city street shall be accomplished in the
manner set forth in the street standards ordinance, Chapter 12.04 PTMC. Transfer of
ownership or the grant of any easements to the city shall be clear of all encumbrances. (Ord.
2548 § 1, 1996).
12.26.120 Defective work.
The applicant shall be responsible for all work found to be defective within one year after the
date of acceptance of the street improvements by the city. The public works director may
require the applicant or his/her assignee to provide the city with a Washington surety
"maintenance guaranty bond" or other appropriate bond as set forth in city street codes or any
adopted design standards. (Ord. 2548 § 1, 1996).
50
12.26.130 Implementation of street latecomer agreement - Prepayment requirement -
Admlni~rative costs.
A. Implementation of Agreement. Upon recording, the street latecomer agreement and
charge shall be binding upon all property owners of record within the benefit area who were
not parties to the contract. If any such owner later develops his or her property within 15 years
from the date of recording with the Jefferson County auditor and is not required to install
similar street improvements because such improvements were already installed under the
latecomer agreement, the city shall require that owner to reimburse the developer/owner who
initially constmc~ the projects pursuant to the reimbursement share previously determined in
the street latecomer agreement.
B. Administrative Charge. Unless modified in the agreement, the city shall add 10 percent,
but not less than $20.00, to each street latecomer charge, to be used by the city to defray the
costs of labor, bookkeeping, and accounting necess~ to administer the agreement, such
amount to be adjusted annually in accordance with ENR Index.
C. Prepayment Requirement. No building permit shall be issued until the reimbursement
payment is made.
D. Nonliability of City. The city will exercise its best efforts to assure compliance with this
section; however, in no event shall the city incur liability for any unauthorized use of the
constructed street improvements. (Ord. 2548 § 1, 1996).
12.26.140 Payments of street latecomer charge - Notice of change of address required.
A. Single Sum Payment Required. Each payment of the street development reimbursement
charge, including administrative costs, shall be made payable to the city treasurer in one single
sum. The city will pay the amounts due to the beneficiary (developer/property owner) within
60 days of receipt, subject to subsection C below.
B. Certificate of Payment. When the street latecomer fee for a particular parcel has been
paid, at the request of the owner/payor the city shall approve a certification of payment which
may be recorded by the owner.
C. Notice Requirement. Throughout the term of the agreement the developer/property
owner shall notify the city, in writing, of any change of his or her name(s) or address(es).
Absent such notice, the city is not responsible for locating any developer/property owner
entitled to benefits under the street latecomer agreement. The developer/property owner may
not assign any rights under the street latecomer agreement without written notification to the
city. Absent such notification, any assignment of rights under the agreement shall have no
effect on the obligations of the city under the latecomer agreement.
D. Unclaimed Funds. Any funds not claimed by the developer/property owner within 180
days from the date collected shall become the property of the city. Before the expiration of the
180 days, the city shall send to the developer/property owner, by certified mail, return receipt
requested, a final notice of the city's intent to deposit the funds as city revenue. If the city does
not receive a response by the expiration of the 180 days, the funds shall be revenue to the city
street fund or as allowed by law. (Ord. 2548 § 1, 1996).
51
12.26.150 Rights and nonliability of city.
A. City Rights. The city reserves the right to refuse to enter into any street latecomer
agreement or to reject any application thereof.
B. Hold Harmless Agreement Required. All applicants for street latecomer agreements
shall be required to provide a written release, indemnification, and hold harmless agreement
releasing and indemnifying the city from all claims of any nature, including property damage
and personal injury arising out of the execution, establishment, enforcement and
implementation of such agreement including claims arising during the course of construction
and during the one-year warranty period following accep~ce of the improvements by the city.
Such indemnification shall include attorney fees and costs reasonably incurred in the defense
of such action. (Ord. 2548 § 1, 1996).
12.26.160 Director's authority- Violations.
Whenever the director determines that a condition exists in violation of this chapter, or any
code or standard required to be adhered to by this chapter, he or she is authorized to enforce
the provisions of this chapter and/or to order correction and discontinuance of any violation
pursuant to the procedures set forth in Chapter 20.10 PTMC. (Ord. 2548 § 1, 1996).
12.26.170 Existing latecomer agreements - Completed construction.
For street development permits issued after January 1, 1995, developers/property owners have
until December 31, 1997, to apply for latecomer agreements for street improvements already
constructed; provided they meet the requirements of this chapter. Notwithstanding other
provisions of this chapter, the reimbursement charge for such agreements shall be based on the
actual cost of the constructed improvement. All other provisions of this chapter shall apply to
such agreements. (Ord. 2548 § 1, 1996).
12.26.180 Alternative f'mancing method.
As an alternative to financing projects under this chapter solely by owners of real estate, the
city may join in the financing of these improvement projects and may be reimbursed in the
same manner as the owners of real estate who participate in the projects; provided, that the city
has specified the conditions of its participation in an ordinance. The city may be reimbursed
only for the costs of improvements that benefit that portion of the public who will use the
developments within the established assessment reimbursement area. No city costs for
improvements that benefit the general public shall be reimbursed. (Ord. 2548 § 1, 1996).
-' ..... apb .... ' ......... ~"'- ' .......
~,au~, ~i~n~, p~agi , ~uu, ut gm~ u~ u,a ~aw m~ d~l~-~ severable. If ~y clau~,
sentence, prograph, ~fion or ~ of ~is Ordinm~ or its applimfion to my ~rmn or
ckcumsm~ is held ~ ~ ~v~d or unmnsfimfionfl by a ~u~ of com~tent jurisdiction, such
order or judgment ~ not aff~t ~e v~di~ or consfitufion~ of ~e rem~der of my p~
52
of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or
part of this law are declared severable. (Ord. ~ § 8, I997; Ord. 2548 § 1, 1996).
This ordinance shall take effect and be in force five days after the date of its publication in
the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 21st day of April, 1997.
Attest:
Julie ~ulloch; M~yor
Para Kolacy, City Clerk ~~
Approved as to Form:
-~Timo.~ L. McMahan, City Attorney' -
04/17/97 CA§Ord{Titlel2f. ord}
53