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HomeMy WebLinkAbout3861 Ordinance ORDINANCE NO. 8� 1 AN ORDINANCE amending Title 12 dealing with sidewalk and driveway improvements. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and promote the public health, safety and welfare; and, WHEREAS, driveways provide access points to private property and control turning movements on and off public streets; and, WHEREAS, the proper location of driveways can aid in the efficient movement of traffic on city streets, lessen congestion and enhance the safety of motorists and pedestrians; and, WHEREAS, the public streets are designed to contain primarily street drainage only, therefore it is necessary to limit drainage from hard surfaces of private property such as from driveways; and, WHEREAS, the unmanaged placement and size of driveways limits the availability of on-street parking, creating potential for neighborhood conflicts; and, WHEREAS, the City Council has determined that to protect public infrastructure, avoid neighborhood conflicts and further the purposes of maintaining the public health, safety and welfare of the community, it is necessary to amend PMC Title 12; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That section 12.04.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.010 SCOPE OF CHAPTER. PURPOSE. it is the purpose of this ,hapter- t„ the Gity, bt4 shall not alteF E)r- affeet these eafbs, sidewalks and driveways pr-eseflt4y i > hewever, any of sueh presently eenstnaeted eurbs, be altered, fnedified, improved -er--eniargea,-a:ezrsuBrr-arcvzutieir outlined. The purpose of the chapter is to establish provisions for the uniform development and construction of curbs, sidewalks and driveways within the city. 1 Section 2. That section 12.04.020 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.020 DEFINITIONS. (a) "Abutting property" means all property having a frontage on a public street right-of-way. the sidewalk -„ of", street o other publ e 1lae- (b) "Commercial driveway we" means any driveway intended to serve property located in a commercial or industrial zoning district. legally '^" being used for business commercial or industrial purposes. (c) "Residential Private driveway" means any driveway intended to serve property located in a residential zoninp, district or property actually being used for residential purposes. for- ° by the eeeupant as ° s to his pr-epeft-y. (d) "Residential use" mems any pr-epeAy, either- zoned or- aetiially being tised for residential p (e) "SeFviee driveway" fneans aff dr-iveway intended for- use by the publie as aecess to an),plaee of business. (4) (d) "Sidewalk" means a an walkway improved with concrete or other approved material located in the public right-of-way generally parallel to ber-der-in g p4vate abutting property for pedestrian use. (e) "Public Right-of-Way" means any publicly owned land set aside and dedicated for surface transportation purposes, including vehicular, bicycle and pedestrian transportation, whether improved or unimproved. Section 3. That section 12.04.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.030 RESPONSIBILITY OF ABUTTING PROPERTY. A-ff All abutting property owners are responsible for Y-iglA constructing sidewalks, handicapped ramps, crosswalks, curbs, gutters or driveways along the entire frontage of the abutting_property in ffei4 of their pf-epe when eanstruete' in conformity with this chapter, and the city's current standard specifications. s ,eh F les and ..egulatiens as may be p ribe,a from time to time by +11° City Geuneih Section 4. That section 12.04.040 of the Pasco Municipal Code be and the same is hereby repealed: 12.04.040 rMPROVEM TS TO BE CONCRETE cUPE- VIII N All 0- „g+n, ef sidewalks, > > and driveways by priva4e reentfaet shall be E) supeEvisien of an inspeeter-appeii4ed by the City. Section 5. That section 12.04.050 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.050 PERMIT REQUIRED. Before any person, firm or corporation commences to improve or modify any of public right—of—May streets ef all within earperate 1is 2 of the City by the °r-�or construction of sidewalks, handicapped ramps, crosswalks, curbs, or driveways, or to do any work in or upon the public right-of-way streets and alleys whatsoever, the applicant he-er-the y must first obtain a right-of-way permit from the City Building ec-ter-. Ne a ;t %411 be issued an), eh r4 upon any s4eet lvr-cclley wi"n the eoFperate limits ef the City L.A,l.e the .-ade has not been p eFly established. n.. while a preposition te nita,• o d h ♦ thereof is pending b r the City Ce ;1 er of e f the !-';t., Ce- e-41 h, ..tea a et4io adopted o ,.1„+;e distiet, and no peFmit shall be is&ued if-, in the judgme-n-t -A-f- the City Cetmeil I l 1 1 l �emefA�osed to a made, .��+ notable one AY will no Pe unifenn ;AA*hh Arid r;t y of tlh1LQlU„1{.TlposGQGr,1 �L� Section 6. That section 12.04.060 of the Pasco Municipal Code be and the same is hereby repealed: 12.04.060 RECORD OF PPERNOT D 1~'(1T TIRED It sheAl the duty ef the City ions of this ehapter, whieh rveer-ds shall shew the date ef issue e to "em > 4ent of whieh the made, the > and , fees 1> when aeeepted by the City Bttilding jaspeeter, aPA *e date of sue aeeeptanee. Section 7. That section 12.04.070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.070 PERMIT FEE SCHEDULE. The permit fee for a right-of-way permit shall be the minimum fee listed for a building permit under PMC 3.07.030 B) 1). City BtAding ift aeeefdanee with the !R4ema4iene4 Building Code Fee I-Sehedule Seek- _303A, an Table Section 8. That section 12.04.080 of the Pasco Municipal Code be and the same is hereby repealed: 1-2.04.090 SURVEY SPECIFICATIONS. Upon the ganting of a pefmit by the GAY Building Inspeeter, it shall be the dtity of this effiee, in eenjuneatien with the City Engineer-, te eause the proposed impfovemea4s te be staked 94 giving lines and gr-a ee e-r-m •l-'rl'e per-sea or- per-Sons perfoFmi rg tree.ry"r ha4 take preper piectauti-An to preteet-t_�_e su-4ke-s set by the Building Inspeetor or City Engineer-, and any and all q*;4kP.'; lost or dest",ed sha4l be replaeed en4y by the City Building laspeetef or Gil�,Engineer-_Bt the expense of the per-son obtaining the peFmit. 3 Section 9. That section 12.04.090 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.090 SIDEWALKS - WIDTH M^TERI n r c All sidewalks in the City that . be eonstrueted after the ef£.,+;, e date of the fd o edife he r o li shall h P L the rh integmted with the walk, although the, r0rb nh. ,l.l be „lo rl, defined ,;+h appropriate maTking in the eemefA; 7 surah sidewalks in a residential afea shall five feet in 7 7 with eixpaasien joints provided at leas feet; the r ,,.a-,. lino to the „ ,rh with expansion nts at least ei,ory fn,a:,feat_ 1) Residential sidewalks shall be five (5) feet in width inclusive of the curb. 2) Commercial sidewalks shall be seven (7) feet in width inclusive of_the_curb. Where a commercial sidewalk is offset from the curb by a landscaped planting strip of three feet or more a commercial sidewalk may be five (5) feet in width. The Public Works Director or designee is authorized to permit the construction of commercial sidewalks at variance with the seven (7) foot standard, but in no case less than five (5) feet, under the followiniz circumstances: i) where existing conditions may make it impracticable ii) where there is insufficient right-of-way ili) where surrounding land uses may require an altered standard. to be against the best interest ef the City, !he Dir-eeter of Gemmunit�, Development shal of the promises and deteffnining 4wt the ifAerest of the City -Ail! be best sefved--by tfing Sidewalk Y.r+r.le-Ati,r, A+vawifflnree;'vitth this iea.- Section 10. That section 12.04.100 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.100 NEW CONSTRUCTION - SIDEWALKS AND CURBS REQUIRED. Except as provided in Section 12.04.101 whenever a permit is to be granted for new construction within the City, the person seeking to build such new construction shall at the time a building permit is applied for, shall also obtain a permit as provided for under this chapter for the construction of sidewalks, and curbs, on all sides of such property that may adjoin a up blic street, in conformance with this chapter. he TM+h, And smeh eeeupied as a building site. , and may adjoin pr-epeAy dedieated as a pueblo . Section 11. That section 12.04.110 of the Pasco Municipal Code be and the same is hereby repealed: 4 12.04.110 DRIVEWAY V i L V91 any driveway of the City to be eenstmeated or Fepaired aer-ess or- along any sidewalk of the City tmiess the same shall be upon the level ef!he sidewalk ffefn a point no! emeeeding „-feet rr,..,, the e „a., li-ne A-f the sidewalk Section 12. That section 12.04.120 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.120 DRIVEWAY STANDARDS NUM13ER OF DRIVEWAYS PER LOT. All driveways shall comply with the respective standard engineering specifications adopted by the Public Works Director and the following A) Residential Driveways: 1. Driveway widths shall be measured at the curb_ flow line exclusive of the transitions. Where there is no curb line, the driveway width shall be measured at the points where the extension of the two outer edges of the driveway intersect the street right-of-way. 2. Only one driveway shall be permitted for each lot unless otherwise provided herein. 3. No single driveway shall be wider than 34 feet or 50 percent of the lot frontasze, whichever is smaller. 4. Circular driveways are only permitted on lots with 100 feet or more of frontage on the street that carries the lot address. 5. The combined widths of all driveways creating a circular driveway must not exceed a total of 40 feet. 6. Lots with double frontage may have a secondary driveway off the flanking-or side street, but no more than 22 feet in width. 7. No driveway shall be located closer than 25 feet to an intersection of two streets unless otherwise approved by the Public Works Director or designee 8. No driveway shall encase a water meter box or irrigation meter box. 9. Driveways must conform to the provisions of PMC 25.70.085 (p). 10. Driveways must be positioned to avoid interfering with fire hydrants, utility boxes and equipment. The cost of relocating any utilities to accommodate a driveway shall be borne by the permit holder. B) Commercial Driveways: 1. Driveway widths shall be measured at the curb flow line exclusive of the transitions. 2. No single driveway may exceed 35 feet unless the Public Works Director or designee determines a greater width is necessary, based on one or more of the following considerations: i) Street classification ii) Street speed limit iii) Traffic volume and turning movements 5 iv) Number of parking spaces within the harking lot served by the driveway v) Whether or not the proposed driveway will serve multiple businesses vi) Safetv of pedestrians and motorists vii) Type of vehicles typically using proposed driveway viii) Shared drivewa y advantage 3. The location and number of driveways permitted to serve a commercial property will be determined by the Public Works Director or designee. The determination of the location and number of driveways shall be based upon the review criteria of PMC 12.04.080 B (2) as deemed necessary to promote safety to pedestrian users of the public ways, to preclude hazardous or congestive traffic movements, to maintain desirable traffic flow along the arterial corridors, or for any other reason related to public safety. The decision of the Public Works Director is final unless appealed to the Hearing Examiner, in writing and stating the reasons therefore, within fourteen days of the Director's decision. (A) One pr-iva4e dr-iveway, not e�ieeedifig twefAy feet in width, shall be per-mitted fef eaeh fifty feet of eepAintietts frontage upon a street or- aventie-i -* e fesidefifial tee. fn F,,,. eaeh fik feet of eeir+;.,, o s frontage upen a street o driveway, > shall > , that if the stfe°et or R -arteFiA -^of-^eenestr—treet, the–GeffffntHiity or lee-ation of ser-viee driveways, priefto ssu—anlee elf building pefmit,-as-deemed — �ety to pedestrian ers-of the ublie�,�� she Cemmunity Development Dir-eeter- is final unAess appealed te the City Cetineil, i vffiting and stating the f-easens thereof-, v"thia ten days of the Dir-eeter-'s deeisions. neces te—; , Section 13. That section 12.04.130 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.130 ABANDONED DRIVEWAY - DUTY- OF OWNS; . When any driveway has been abandoned, or becomes unused for any reason, it shall be closed and the abutting_property owner shall replace it with a standard curb and sidewalk constructed to the city's current standard specifications. s.,..,° +„ +�,° level of ahe adjoining sidewalk In the event of f ill—wea to a& the abutting property owner fails to replace an abandoned or unused driveway with standard curb and sidewalk, the city may order the curb and sidewalk be constructed as , the preeed-tHe shall 6 be the same provided by the laws of the State of Washington. relating to the r° e side z..,lks Section 14. That Chapter 12.04. of the Pasco Municipal Code be and the same is hereby amended to include a new subsection 12.04.135 to read as follows: 12.04.135 EXISTING DRIVEWAYS: Existing driveways that do not conform to the standards of this chapter or other standards or regulations of the city of Pasco must be brought into conformance when a permit is issued for work on the affected property where said work exceeds 33 percent of the assessed value of the improvements upon the property. Permit applications for any alterations or repair to nonconforming driveways other than ordinary maintenance will require the driveway to be brought into conformance with current standards; Notwithstanding, the Public Works Director may permit the modification or improvement of an existing driveway without full compliance with city standards where the strict application of the standard would result in substantial hardship to the property owner pursuant to the review criteria of PMC 25.84.090 (l Provided however, the modification or improvement does not impede the movement of traffic or increase hazards to pedestrians or motorists. The decision of the Public Works Director is final unless appealed to the Hearing Examiner, in writing and stating the reasons therefore, within fourteen days of the Director's decision. Section 15. That section 12.04.140. of the Pasco Municipal Code be and the same is hereby repealed: 1-2.04.140 SUPERVISION OF CONSTFr r�Tr The per-son ..,...,v;ng sueh vement, > itinn at 1 ++ " ft), r 1,auf in .,.l,z.�,e° ..1'+b.°time when the grading will be until the s r l°+°.l and it is unlawfiji f`.r a ntf;aetef!a eeffH%enee Section 16. That section 12.04.150 of the Pasco Municipal Code be and the same is hereby repealed: 0�r4 50 SAFETY PRECAUTIONS.T rTIONS. The eentf°aeterorper-son having iui-7ge s and a suffi-eiffint ni—imber- of red lights shall be Section 17. That section 12.04.160 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 12.04.160 INSPECTION - CONFORMANCE TO PLAN. No improvement will be accepted until the Gity Building Construction Inspector is satisfied that the work has been 7 performed according to the approved plans, profiles and current standard specifications fttfriished by him and to the lines and grades established. Section 18. That the city clerk shall number or renumber all sections of PMC Chapter 12.04 for a consistent sequential ordering of all sections. Section 19. This ordinance shall be in full force and effective after its passage and publication as required by law. PASSED this 5t!—day of 2008. Joy Of n Ma r ATTEST: APPRO S TO FORM: 1� GJ YZ -� Sandy K orthy Leland B. Kerr Deputy City Clerk City Attorney 8