ORD 94-29 TRAFFIC CONTROL DEVICESORDINANCE NO. 94-29
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopting standards relating to traffic control devices,
specifications for construction and maintenance of roads,
bridges, and municipal construction; approving and adopting
the Engineering Design and Development Standards Manual,
the Winslow Water System Plan, the Cross -Connection Control
Program Manual, and the Right -of -Way Acquisition/Relocation
Procedures Manual; adding new Sections 13.08.120 and 13.16.025
to the Bainbridge Island Municipal Code; adding a new paragraph
to sections 15.08.020 and 15.08.030 of the Bainbridge Island
Municipal Code; amending sections 12.28.030, 12.30.010, 12.30.020,
12.30.040, 12.32.030, 12.32.050, 13.04.050, 13.08.030B, 13.08.050A
13.10.070E, 13.10.070J, 13.12.010, 13.16.020C, 15.08.030L,
15.20.020A, 15.20.040A, 15.20.0401-1, 15.20.050, 15.20.060A,
15.20.070, 15.20.080, 15.20.100, 15.20.110, 15.20.120, 15.20.130B, and
3.48.020 of the Bainbridge Island Municipal Code; amending the title of
section 13.16.020 of the Bainbridge Island Municipal Code; repealing
chapter 12.36 of the Bainbridge Island Municipal Code; and repealing
sections 13.10.100 and 13.10.110 of the Bainbridge Island Municipal
Code.
WHEREAS, the City is required to meet certain standards for public infrastructure
construction, operation, and maintenance; and
WHEREAS, in cooperation with the respective industries, the City's Department
of Public Works has developed City standards and procedures which have been reviewed by the
City Council's public works and land use committees; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as follows:
Section 1. The following federal and state documents, as presently existing and
as hereafter amended, are adopted by reference:
A. Manual on Uniform Traffic Control Devices (MUTCD), 1988
Edition, published by the United States Department of
Transportation, FederalHighway Administration, with "Washington
State Modifications to the MUTCD," published by the Washington
State Department of Transportation, Program Development
Division, Traffic Section (M24-01).
B. 1994 Standard Specification for Road, Bridge, and Municipal
Construction (M41-10), published by the Washington State
Department of Transportation and the APWA, Washington State
Chapter.
C. Maintenance Manual (M51-01), published by the Washington State
Department of Transportation, Highway Division/Maintenance
Office.
Section 2. The following City documents, as presently existing and as hereafter
amended, are adopted by reference:
A. Engineering Design and Development Standards.
B. Winslow Water System Plan.
C. Cross -Connection Control Program.
D. Right -of -Way Acquisition/Relocation Procedures.
Section 3. Section 12.28.030 of the Bainbridge Island Municipal Code is
amended as follows:
12.28.030 Construction standards. Construction standards for sidewalks
shall be the same as required for subdivisions and shall be in compliance with the
Engineering Design and Development Standards. In addition, the developer or
abutting owner shall pave to city standards and specifications any unpaved portion
of the right-of-way between the newly constructed curb and the existing road
pavement.
Section 4. Section 12.30.010 of the Bainbridge Island Municipal Code is
amended as follows:
12.30.010 Dedication required. No building permit, subdivision, short
subdivision, or planned unit development shall be approved or granted until the
owner of the affected property dedicates to the city the portion of land designated
on the official street map or required by the Engineering Design and Development
Standards as a street right-of-way. Dedications may also be required as a
condition of approval for variances and conditional use permits. Upon a finding
of good cause, the Director of Planning and Community Development, with the
concurrence of the Director of Public Works, may grant an exemption from the
street dedication requirement; provided, that no exemption shall be granted which
would be materially detrimental to the public welfare or injurious to property
located in the vicinity of the affected property.
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Section 5. Section 12.30.020 of the Bainbridge Island Municipal Code is
amended as follows:
12.30.020 Street map adopted. The city adopts as its official street map that
certain map labeled "Official Street Map," dated January 5, 1995, on file in the City Clerk's
office.
Section 6. Section 12.30.040 of the Bainbridge Island Municipal Code is
amended as follows:
12.30.040 Setbacks required. No building permit shall be issued or
improvement built within an existing or proposed right-of-way shown on the official street map.
Required yard setbacks shall be measured from the proposed right-of-way shown on the map.
Section 7. Section 12.32.030 of the Bainbridge Island Municipal Code is
amended as follows:
12.32.030 Permit required. Unopened or unmaintained city street right-of-
ways shall not be privately improved or used for access purposes, nor shall
development approval necessitating such improvement or use be granted, unless
an access permit has been issued pursuant to this chapter. In addition to an access
permit, to enter onto public property or roadways, a right-of-way approach permit
shall be obtained from the Department of Public Works.
Section 8. Section 12.32.050 of the Bainbridge Island Municipal Code is
amended as follows:
12.32.050 Standards. Road improvements shall be constructed in accordance
with the Engineering Design and Development Standards.
Section 9. Section 13.04.050 of the Bainbridge Island Municipal Code is
amended as follows:
13.04.050 City water system. "City water system" means all or any part of
any water facilities, acquired, constructed, or used by the city.
Section 10. A new section 13.08.120 is added to the Bainbridge Island Municipal
Code to read as follows:
13.08.120 Satellite System Management Agreements. The city may enter
into Satellite System Management Agreements, as described in the city's Water
System Plan, to provide technical and managerial expertise to small water
systems.
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Section 11. Section 13.08.030B of the Bainbridge Island Municipal Code is
amended as follows:
13.08.030B Connection procedure. If the premises does not abut an existing
water main, the owner shall arrange a mutually acceptable service connection and
service pipe route with the Department of Public Works and adjacent property
owners for passage of his service pipe. If extension of an existing water main is
required, the owner shall contract with the city or a licensed bonded contractor
to have the extension constructed. The owner shall be required to enter into a
developer agreement with the city for such main extension. Any and all
extensions four inches or greater to the city water main system shall be
constructed using ductile iron pipe, class 50 or better. If the city constructs the
extension, the owner shall pay the actual cost of the extension plus 25 percent for
the city's engineering, inspection, and overhead. The service connection shall be
installed as described above, and its installation shall be separate from any water
main extension contract. Every house supplied with city water must have its own
separate service connection with the city main, and the premises so supplied will
not be allowed to supply water to any other premises; provided, that such
restriction shall not apply to services already installed except as herein provided,
unless, in the judgment of the city for the good of the service or to settle disputes,
it is found necessary to enforce such provisions as to connections already made.
Section 12. Section 13.08.050A of the Bainbridge Island Municipal Code is
amended as follows:
A. Any owner of new construction within a city designated water service area,
as identified in the city's comprehensive plan, which is on property located within
300 feet of a water line, or any person who lives within a city designated water
service area and who desires to have premises connected with the water supply
system of the city shall apply for water service. In addition, the owner of
property containing a building or structure for human occupancy or other use
necessitating water service, which is located within a city designated water service
area, as identified in the city's comprehensive plan, and within 300 feet of a water
line, and whose water supply has been certified by the local health officer to be
a health hazard, shall apply for water service. The application for water service
shall be on a printed form to be furnished for that purpose, and shall contain the
name of the owner, description of the lot, block, or addition, and the official
house number of the premises, if any, together with a size of service pipe. The
application shall be signed by the owner of the premises to be served, or his duly
authorized agent and shall be filed with the city. At the time of filing such
application the applicant shall pay the fees for installation of water services as
provided in Section E of the ordinance codified in this title, on file in the office
of the City Clerk.
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Section 13. Section 13.10.070E of the Bainbridge Island Municipal Code is
amended as follows:
E. The minimum water main easement width shall be 20 feet in width. No
permanent structures shall be built in the water main easement area.
Section 14. Section 13.10.070) of the Bainbridge Island Municipal Code is
amended as follows:
J. All hook-ups to fire hydrants for temporary water for whatever purpose
shall be approved by the Department of Public Works, shall be metered, and will
require a "temporary hydrant valve." In addition, double check valves may also
be required if a potential for contamination exists.
Section 15. Section 13.12.010 of the Bainbridge Island Municipal Code is
amended as follows:
13.12.010 Connection - Required. The owner of new construction within
a city designated wastewater/ sewer service area, as identified in the city's
comprehensive plan, which is on property located within 300 feet of a
wastewater/ sewer line shall be required to be connected to the sanitary sewage
disposal system. In addition the owner of a lot or parcel of property containing
a building or structure for human occupancy or other use necessitating sewer
service, which is located within a city designated wastewater/ sewer service area,
as identified in the city's comprehensive plan, and within 300 feet of a
wastewater/ sewer line, and which is certified by the local health office to be a
health hazard, shall be required to be connected to the sanitary sewage disposal
system.
Section 16. The title of Section 13.16.020 of the Bainbridge Island Municipal
Code is amended to read "Delayed benefit charge (Latecomers Agreement)".
Section 17. A new section 13.16.025 is added to the Bainbridge Island Municipal
Code to read as follows:
13.16.025 Fees. The city shall charge a fee in the amount established by
resolution for an application for a delayed benefit charge (latercomer agreement) and for an
application for a developer extension agreement.
Section 18. Section 13.16.020C of the Bainbridge Island Municipal Code is
amended as follows:
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C. The amount of any reimbursement shall be based upon the allocation to
the benefitted property as determined by the Department of Public Works and shall include all
engineering and legal costs which shall be included in the cost of construction.
Section 19. A new paragraph is added to section 15.08.020 of the Bainbridge
Island Municipal Code to read as follows:
"Public right-of-way sign" means a sign in the public right-of-way.
Section 20. A new paragraph P is added to section 15.08.030 of the Bainbridge
Island Municipal Code to read as follows:
P. Public right-of-way signs shall conform to the current manual on Uniform
Traffic Control Devices (MUTCD), as modified, and in developments, shall be
installed by and at the applicant's expense.
Section 21. Section 15.08.030L of the Bainbridge Island Municipal Code is
amended as follows:
L. Construction signs, not exceeding one per construction site, and not
exceeding 12 square feet in area, when erected in connection with a building
permit. The sign shall be removed within 30 days of the occupancy of the
structure. Public works projects are authorized to install signs at the ends of a
project which shall not exceed 32 square feet in area;
Section 22. Section 15.20.020A of the Bainbridge Island Municipal Code is
amended as follows:
A. Drainage Plan. Before issuance of any development permit, and before
development begins on any site, the developer shall submit a drainage plan and
obtain approval from the Director of the Department of Public Works.
Section 23. Section 15.20.040A of the Bainbridge Island Municipal Code is
amended as follows.
A. Engineered Plans. All elements of a drainage plan shall be prepared by
a registered civil engineer and shall bear the seal and signature of the engineer,
unless waived by the Director of the Department of Public Works.
Section 24. Section 15.20.040H of the Bainbridge Island Municipal Code is
amended as follows:
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H. Water Quality. To the extent technically feasible, as determined by the
Director of the Department of Public Works, the quality of water released off-site
or disposed of on-site shall be at least as high as the preconstruction water quality.
Section 25. Section 15.20.050 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.050 Modifications - Voluntary agreement.
A. The Director of the Department of Public Works may approve
modifications from the requirements of section 15.20.040, if the applicant
prepares a voluntary payment agreement to mitigate the stormwater drainage
impacts of the development; provided, that no such agreement shall be required
as a condition of approval. The decision to allow modifications shall be written,
shall state the reasons for the decision, and shall be based on the following
factors:
Capacity and condition of downstream facilities;
2. Effect on receiving bodies of water;
3. Significant damage from on-site disposal of water;
4. Existence of regional retention or detention facilities or the
likelihood such facilities will be built;
5. Major difficulties in maintaining the drainage system.
B. The modifications to the requirement of this section shall provide, at a
minimum, for stormwater detention storage in the amount of two inches of storage
volume for each square foot of compacted and impervious area and release of
stored stormwater at a rate not to exceed 0.1 CFS per acre of gross property;
provided, however, that these requirements may be modified upon approval of the
Director of the Department of Public Works, if the stormwater can be discharged
directly into Eagle Harbor or the sound through existing stormwater channels
sufficiently large to handle the anticipated volume and flows from the subject
property and surrounding areas.
Section 26. Section 15.20.060A of the Bainbridge Island Municipal Code is
amended as follows:
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A. Review. The Director of the Department of Public Works shall review
all plans for compliance with this chapter. Revision and resubmittal may be
required.
Section 27. Section 15.20.070 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.070 Performance bonds. Before beginning construction on the site,
and before the city issues any construction permit for any site, the applicant shall
post a performance bond or other suitable security in an amount set by the
Director of the Department of Public Works and on a form approved by the City
Attorney. A maintenance bond may be required before final approval of the
drainage system.
Section 28. Section 15.20.080 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.080 Maintenance.
A. Owner's Responsibility. The owner of the site shall maintain the on-site
drainage system unless the city chooses to, according to specifications set by the
Director of the Department of Public Works before the final inspection is
approved. The owner shall keep records of the cost of maintenance.
B. Failure to Maintain.
1. Failure to maintain the on-site drainage system in accordance with
this chapter and the approved specifications shall be punishable as a
misdemeanor. In addition, the Director of the Department of Public
Works may notify the owner of the violation in writing, which notice may
set a reasonable time for compliance. The Director of the Department of
Public Works may extend the time limit for reasonable cause. The notice
shall also contain an explanation of subparagraph 2 below.
2. If the owner fails to correct the violation within the time limit, the
Director of the Department of Public Works may cause the violation to be
corrected at city expense, and bill the owner for two times the direct cost
to the city. This bill shall be a lien on the property.
C. City Inspection. The Director of the Department of Public Works, or the
director's designee, may inspect the maintenance of the system from time
to time, but shall have no duty to inspect at regular intervals. The owner
shall allow the director or the director's designee free access to all parts
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of the system for purposes of inspection during normal working hours or
in an emergency.
D. Owner's Covenant. The owner shall grant the city a covenant
incorporating the provisions of subsections B and C above unless the city
assumes the maintenance. The covenant shall include a clause releasing,
indemnifying and holding harmless the city from any and all claims for
damage or injunctive relief of whatever nature resulting from the
construction, operation or maintenance of the drainage system. The city
may record the covenant at the owner's expense to give notice to later
owners of the site.
E. City's Option. If the Director of the Department of Public Works
recommends that the city assume the maintenance of a drainage system,
because the system provides a public benefit, the City Council may
approve the maintenance of the system at the end of the first two-year
maintenance period. Before the Council approves the system, the Director
of the Department of Public Works shall:
1. Determine by inspection that the system has been satisfactorily
completed according to the approved plan;
2. Review and report to the Council the owner's record of system
expenses over the two-year period;
3. Obtain deeds or easements from the owner to allow the city to
maintain the system.
Section 29. Section 15.20.100 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.100 Voluntary agreements.
A. Amount. The Director of the Department of Public Works is authorized
to accept voluntary agreements to pay a portion of the cost of constructing
regional stormwater facilities. The amount of contribution shall be sufficient to
mitigate the direct impacts of the development. The amount of contribution shall
be determined on a case-by-case basis, but the Director of the Department of
Public Works shall use as a guide the following:
Basin
Basin A - Sportsman Club
Basin B - Weaver Road/Grow Ave
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Impact Cost/100 Square
Feet Impervious Area
Basin C - Madison Avenue
Basin D - The Canyon
Basin E - Wing Point Way
Basin F - Wing Point
* Amounts established by resolution of the City Council.
The Director of the Department of Public Works is authorized to adjust these guidelines
periodically based on the engineering News index of construction costs or similar construction
cost index.
B. Computation. Appropriate adjustments shall be given for construction of
stormwater retention/detention or transmission facilities, which, in the opinion of
the Director of the Department of Public Works, lessen the requirements for
construction of stormwater facilities by the city. Payment shall be made prior to
final city approval of the development.
C. Credit for LID. At such time as an LID or ULID is formed to construct
all or part of the improvements for which the contributions have been made, any
contributions made under this section by an affected property shall, to the extent
allowed by law, be credited to that property's assessment under the LID up to the
amount of the assessments.
D. Expenditure of Funds. The contributions shall be held in a reserve account
and may be expended to fund a capital improvement agreed upon by the applicant.
The contribution shall be expended within five years, unless otherwise agreed by
the applicant.
Section 30. Section 15.20.110 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.110 Other measures. The Director of the Department of Public Works
may require a property owner to take measures other than those listed in this chapter to protect
the public health, safety and welfare from imminent dangers caused by erosion, flooding and
other drainage -related problems.
Section 31. Section 15.20.120 of the Bainbridge Island Municipal Code is
amended as follows:
15.20.120 Appeals. Any decision of the Director of the Department of Public
Works may be appealed to the City Council by filing a written notice of appeal with the City
Clerk within 15 days of the decision being appealed. In considering the appeal, the Council
shall be guided by the same criteria as set forth in this chapter for the Director of the
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Department of Public Works. The decision of the City Council shall be final unless appealed
to the Kitsap County Superior Court within 15 days of the Council's decision.
Section 32. Section 15.20.130B of the Bainbridge Island Municipal Code is
amended as follows:
B. In addition to the penalties provided herein, the Director of the Department
of Public Works is authorized to issue stop work orders in the same manner as
specified in the Uniform Building Code to persons failing to comply with any of
the provisions of this chapter, including failure to comply with an approved
drainage plan. Failure of the person upon whom a stop work order has been
issued to cease work shall be a violation of this chapter and such person shall be
guilty of a misdemeanor and upon conviction thereof shall be punished as set forth
herein.
Section 33. Section 3.48.020 of the Bainbridge Island Municipal Code is
amended as follows:
3.48.020 Filing of petition. Petitions for local improvements shall be filed
with the Director of the Department of Public Works, together with a fee in the
amount established by resolution.
Section 34. Chapter 12.36 of the Bainbridge Island Municipal Code is repealed.
Section 35. Sections 13.10.100 and 13. 10.110 of the Bainbridge Island Municipal
Code are repealed.
Section 36. Where the term "city engineer" or "maintenance supervisor" is used
in the Bainbridge Island Municipal Code, the term shall be construed to mean the Director of
the Department of Public Works or the director's authorized representative.
Section 37. In the event of a conflict between any provision in a document
adopted by reference in sections 1 or 2 of this ordinance and any provision of the Bainbridge
Island Municipal Code, the most restrictive provision shall prevail.
Section 38. As an alternative to any remedy set forth in the documents adopted
by reference in sections 1 and 2 of this ordinance, any person found guilty of violating any
provision of the documents shall be subject to the penalties set forth in BIMC 1.24.010.
Section 39. The documents adopted by reference in this ordinance shall be
available for use and examination by the public in the office of the City Clerk.
Section 40. The city shall charge a fee in the amount established by resolution
for the provision of any city document adopted by reference in section 2 of this ordinance.
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Section 41. The provisions of this ordinance shall apply to all complete
applications filed on or after April 1, 1995.
Section 42. This ordinance shall take effect and be in force on April 1, 1995.
PASSED by the City Council this 5th day of January, 1995.
APPROVED by the Mayor this 9th day of January, 1995.
�
--CAP JANET K. WEST, Mayor
ATTEST/AUTHENTICATE:
S1JSAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK: September 17, 1992
PASSED BY THE CITY COUNCIL: January 5, 1995
PUBLISHED: January 11, 1995
EFFECTIVE DATE: April 1, 1995
ORDINANCE NO. 94-29
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