Chapter 11.12 TRANSPORTATION DEVELOPMENT CODE

The purpose of this chapter is to implement the transportation element of the City comprehensive plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards. (Ord. 4856 §5 (in part), 2003)

11.12.030 AUTHORITY.

The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this chapter. The Director shall have the authority to:

(a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department.

(b) Request the assistance of other City departments to administer and enforce this Code.

(c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities.

(d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this chapter

(e) Act as final authority for appeals and requests for variance from requirements of this chapter.

(f) Amend, interpret, and allow deviations from the City of Bremerton design and construction standards (engineering standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted engineering standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request.

(g) Apply for grants to conduct transportation improvements.

(h) Delegate, in writing, the Director’s authority to perform any of the tasks required of him/her under this chapter to other personnel with the Department, as is needed for the effective and efficient administration of the Department and the duties required under this chapter. (Ord. 4856 §5 (in part), 2003)

11.12.040 TERRITORIAL APPLICATION.

This chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless mitigation conditions, or improvements required by this chapter are made conditions of the permit. (Ord. 4856 §5 (in part), 2003)

11.12.050 DEFINITIONS.

The following words and phrases, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

(a) "Activity centers" means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people.

(b) "Bicycle facilities" is a general term referring to improvements that accommodate or encourage bicycling, including, but not limited to, parking facilities, bike racks, and improvements to bicycle routes.

(c) "Bicycle route" means any route designated for bicycle travel in the comprehensive plan, whether exclusive for bicyclists or to be shared with other transportation modes.

(d) "Cul-de-sac" means a street closed at one (1) end by widened pavement of sufficient size for vehicles to turn around.

(e) "Curb (wheelchair) ramp" means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets.

(f) "Dedication" shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated.

(g) "Developer" or "applicant" means the property owner and his/her authorized agents or contractors responsible for a project.

(h) "Development" shall mean any modification to any existing structure, modifications of the existing natural landscape above and below ground or water, new construction or modification of a site previously modified by human activity.

(i) "Director" means the Director of the Department of Public Works and Utilities of the City of Bremerton or his/her designated or authorized representative.

(j) "Easement" means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. "Easement," as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate.

(k) "Gross square feet" means the total number of square feet within the finished wall surface of the outer building walls of a structure, including enclosed parking, but excluding vent shafts, outdoor courts and parking.

(l) "High occupancy vehicle (HOV)" means an automobile, vanpool, bus or other motor vehicle with two (2) or more occupants.

(m) "Mixed use development" means the development of a contiguous tract of land, a building or a structure with two (2) or more different uses as identified in the Land Use Code.

(n) "Mode split" means the percentage of overall trips made by different means of transportation.

(o) "Peak period" means the two (2) hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic.

(p) "Project" means development or redevelopment for which a City permit is required.

(q) "Redevelopment" means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to twenty-five percent (25%) of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever is greater) of the modification is greater than or equal to twenty-five percent (25%) of the Kitsap County assessed value of the land.

(r) "Right-of-way (public)" means all real property dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub-surface rights and easements related thereto.

(s) "Single occupancy vehicle (SOV)" means a motor vehicle transporting the driver only.

(t) "Street frontage" means any part of private or public property that borders a public right-of-way dedicated for use by motorized vehicles.

(u) "Street tree" means a tree planted for landscaping purposes within the public right-of-way.

(v) Street vegetation" means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. (Ord. 4856 §5 (in part), 2003)

11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS.

Traffic impact analysis reports are required for proposed development projects when the City Engineer has reason to believe that the impact on the City’s existing or planned future transportation facilities will be significant. "Significant," for this purpose, means generating, on any portion of the City’s transportation system, in excess of two percent (2%) more traffic above the existing base line at either the peak period or for the average day where the base line shall be determined by the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall consider traffic impacts during the peak period. If the development generates significant traffic volumes outside the peak period of the adjacent road system, the City Engineer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with BMC 11.12.070. The traffic impact analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. (Ord. 4856 §5 (in part), 2003)

11.12.070 TRAFFIC IMPACT MITIGATION.

(a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a level of service (LOS) standard has been adopted within the current comprehensive plan of the city, mitigation measures shall be sufficient, in the estimation of the City Engineer, to assure that such segments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current comprehensive plan, the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersection modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians.

(b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate portions of traffic not attributable to the project.

(c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. (Ord. 4856 §5 (in part), 2003)

11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS.

(a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the engineering standards) as on file with the Department of Public Works and Utilities. The engineering standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These standards are not intended to apply to "resurfacing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the engineering standards or the provisions of this chapter provide otherwise, all design, construction, and materials shall conform to the most current of the following publications:

(1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Specifications";

(2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans";

(3) A Policy on Geometric Design of Highways and Streets, AASHTO; "Manual on Uniform Traffic Control Devices," FHWA; and

(4) WSDOT Local Agency General Special Provisions (GSPs) for Permeable Pavement.

(b) An applicant may request a deviation from an engineering standard. Requests for deviation shall be made by the applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical documentation that provides a basis for the deviation. The deviation may only be granted if the applicant demonstrates with clear and convincing evidence that:

(1) The deviation is required due to geotechnical, topographical, or other physical constraints that are beyond the control of the applicant.

(2) The unavailability of specified materials and the substitute materials will equal or exceed the performance criteria of the specified materials.

(3) The public safety and welfare will not be adversely impacted by the deviation.

(4) The deviation with not detract from the intent and purpose of this chapter or the engineering standards.

(5) The other requirements of BMC 11.12.030(f) are met. (Ord. 5308 §2, 2016: Ord. 4856 §5 (in part), 2003)

11.12.090 DEDICATION OF RIGHT-OF-WAY.

The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate:

(a) Motorized and nonmotorized transportation, landscaping, LID BMPs, utility, street lighting, traffic control devices, and buffer requirements; and

(b) Street frontage improvements where the existing right-of-way is not adequate to meet current right-of-way width requirements; and

(d) Other transportation facilities deemed necessary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the development. (Ord. 5308 §3, 2016: Ord. 4856 §5 (in part), 2003)

11.12.100 EASEMENTS.

(a) The City may require the dedication of such easements as are necessary to provide all necessary public services, utility services, and motorized and nonmotorized circulation corridors in and through the development, consistent with the provisions of the comprehensive plan and other adopted City plans. Easements may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements.

(b) Nonmotorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City’s comprehensive plan.

(c) Nonmotorized easements shall be wide enough to include the trail width and a minimum clear distance of two (2) feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping.

(d) Nonmotorized easements shall be designated "City of Bremerton Nonmotorized Public Easement" and easement documents shall specify maintenance responsibilities. (Ord. 4856 §5 (in part), 2003)

11.12.110 STREET FRONTAGE IMPROVEMENTS.

(a) The installation of street frontage improvements in accordance with the engineering standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one (1) or more of the following exceptions are met:

(1) The property is undergoing redevelopment, is zoned as single-family residential, has one (1) single-family residence, and has less than two hundred (200) feet of total frontage;

(2) Adjacent street frontage improvements are unlikely to be installed in the foreseeable future as determined by the Director; or

(3) The installation of the required improvement would cause significant adverse environmental impacts.

(b) Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, LID BMPs, trail, street trees and landscaping, irrigation, street widening, turn pockets, and channelization or other improvements deemed necessary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site-by-site basis and shall be determined by the Director. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety and in accordance with accepted engineering practice.

(c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should not be constructed at the time of building construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner’s cost of installing the required improvements. Payment shall be made prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director’s discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the property to not protest a local improvement district to improve the street frontage. (Ord. 5308 §4, 2016: Ord. 4856 §5 (in part), 2003)

11.12.120 LANDSCAPING IN RIGHTS-OF-WAY, EASEMENTS AND ACCESS TRACTS.

(a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval.

(b) For any development wherever it is necessary to remove or relocate street vegetation in connection with the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to engineering standards, as determined by the City Engineer, and BMC 13.10.080.

(c) Any existing landscaping in the right-of-way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner.

(d) Landscaping and other improvements within the right-of-way are subject to removal at the request of the City when the right-of-way is needed for public use.

(e) Street Tree and Landscaping Installation Requirement.

(1) Street landscape installation or improvement is required when applicable projects are to be undertaken along major arterials and other streets as identified in the Comprehensive Plan and in accordance with the engineering standards.

(2) Ground cover shall be provided for site frontage right-of-way with a potential for erosion.

(f) Species Selection. Selection of tree species shall comply with the engineering standards, Chapter 13.10 BMC, and the Comprehensive Plan.

(g) Maintenance of plant materials shall be in accordance with Chapters 6.08 and 13.10 BMC. (Ord. 5154 §2, 2011: Ord. 4856 §5 (in part), 2003)

11.12.130 PRIVATE STREETS.

Private streets will be allowed only when the comprehensive plan does not designate the area will be served by a public street, and the following criteria are met:

(a) The street design and construction is in conformance with engineering standards; and

(b) A covenant which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with Kitsap County; and

(c) The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and

(d) The private street would not hinder public street circulation; and

(e) At least one (1) of the following conditions exists:

(1) The street would ultimately serve four (4) or fewer lots; or

(2) The street would ultimately serve more than four (4) lots, and the City Engineer and the Fire Chief determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or the private street would be part of a Planned Unit Development; or the private street would serve commercial or industrial facilities where no circulation continuity is necessary as determined by the City. (Ord. 4856 §5 (in part), 2003)

11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS.

Acceptance of private streets as dedicated public streets will be considered if the street meets all City street design and construction standards for public streets at the time the dedication is requested. Consideration of acceptance is also subject to the requirements of other City of Bremerton departments. Final acceptance is subject to City Council approval. The following criteria will be evaluated:

(a) Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction and the observable condition index is ninety (90) or greater as determined by the City Engineer.

(b) Condition of title.

(d) The need for additional right-of-way and easements.

(e) The benefit to the public of accepting the dedication.

(f) Cost of accepting the street, including future maintenance costs. (Ord. 4856 §5 (in part), 2003)

11.12.150 DRIVEWAYS.

(a) Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or parking area will not impede vehicles in the travel lane of the public street.

(b) Whenever possible, access for commercial and multifamily property shall be provided onto streets that do not abut single-family residential land uses.

(c) Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the City may require the applicant to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development.

(d) The installation of driveways onto arterials may be denied if alternate access is available. Owners applying for development permits on State routes and principal arterials shall demonstrate that they have made efforts to reduce the number of driveways along their frontage through formation of private shared easements or other means as a result of their projects.

(e) The continued use of pre-existing driveways must meet all requirements of this section with the development of a site.

(f) All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed.

(g) Driveway approach grade and configuration shall accommodate planned future street widening in accordance with the comprehensive plan to prevent the need for major driveway reconstruction.

(h) No commercial driveway will be approved where backing onto the sidewalk or street will occur.

(i) The City may restrict left turns to and from a driveway, either at the time of development or in the future, without compensating the property owner for any resulting impacts as a result of such restriction.

(j) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than one hundred (100) feet from any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as reasonably possible.

(k) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than one hundred fifty (150) feet from the nearest cross street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the cross street as possible. Access onto State highways shall conform to Chapter 468-52 WAC.

(l) The City shall not permit more than one (1) driveway or street opening on any property having a street frontage on principal arterials of two hundred (200) feet or less.

(m) On streets other than principal arterials, the City shall not permit more than one (1) driveway or street opening on any property having a street frontage of one hundred (100) feet or less.

(n) Driveways shall be located at least five (5) feet from the property line.

(o) Driveways onto principal arterials, including State routes, shall include deceleration lane, and acceleration lanes.

(p) Deviations from this section may be approved at the discretion of the Director if:

(1) The modification is reasonable and necessary for development of the property; and

(2) The modification will not create an unsafe condition for motorists or pedestrians. (Ord. 4856 §5, 2003)

11.12.160 PRIVATE INTERSECTION OPENING.

A private intersection opening may be required at the discretion of the City Engineer in lieu of a conventional driveway when the projected driveway traffic is greater than one thousand (1,000) vehicles per day.

(a) A private intersection may include the following elements:

(1) Traffic signalization;

(2) Easements;

(3) A minimum one hundred (100) foot storage area turn pocket plus taper between the face of curb and any turning or parking maneuvers within the development;

(4) The opening is at least one hundred fifty (150) feet from the near side face of curb of the nearest intersecting street;

(5) The opening is at least one hundred (100) feet from any other driveway on the property frontage under the control of the property owner. (Ord. 4856 §5 (in part), 2003)

11.12.170 STREET ENDS.

(a) All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in subsection (b) of this section.

(b) A "hammerhead" turnaround may be used in lieu of a cul-de-sac if the street is less than two hundred (200) feet long and serves six (6) or fewer lots. Such an alternative design may be used if approved by the City Engineer and the Fire Chief. (Ord. 4856 §5 (in part), 2003)

11.12.180 PARKING CIRCULATION.

Parking lot and circulation needs shall be met on site. The public right-of-way shall not be used as part of one-way parking lot flow, or other site circulation. (Ord. 4856 §5 (in part), 2003)

11.12.190 TRAFFIC SIGNALS.

(a) When a proposed street or driveway design interferes with existing traffic signal facilities, traffic signal modification or relocation must be provided and paid for by the applicant.

(b) To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required to be provided and paid for by the applicant as determined by the Director.

(c) All traffic signal design modifications shall be prepared by a Washington Registered Professional Engineer experienced in traffic signal design and included in the traffic impact analysis report specified in BMC 11.12.060. (Ord. 4856 §5 (in part), 2003)

11.12.200 STREET LIGHTING.

(a) Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions in accordance with the engineering standards and BMC 11.12.110. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development.

(b) All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities.

(c) For new subdivisions, the City will accept maintenance and power cost responsibility for the public street light system when a subdivision is fifty percent (50%) or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system. The property owner shall notify the City when fifty percent (50%) occupancy is obtained.

(d) The City will not accept maintenance and power cost responsibility for a public street light system that does not conform to the City’s most current engineering standards.

(e) Street illumination in accordance with engineering standards is required at the intersection of a private street and a public street. No street lighting is required along a private street. (Ord. 4856 §5 (in part), 2003)

11.12.210 TRAFFIC CONTROL.

(a) Temporary traffic control to ensure traffic and pedestrian safety during construction activities must be provided by the property owner at the owner’s expense. A plan meeting the approval of the City Engineer must be developed prior to starting construction activities.

(b) The developer is responsible for supplying and installing all necessary permanent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization, all in accordance with City Standards and the MUTCD.

(c) Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be permitted only in accordance with engineering standards and warrants, and with approval by the City Engineer. (Ord. 4856 §5 (in part), 2003)

11.12.220 UTILITY COMPANIES.

(a) Subject to the rules, regulations and schedules of the WUTC for private utilities, utility companies with facilities in City right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the City in order for the relocation work to be the financial responsibility of the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or right-of-way use agreement with the City, such agreement shall control any relocation requirement.

(b) All new utility transmission, distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, television, cable, Internet cable, and all other communications shall be installed underground unless otherwise provided in a franchise agreement or right-of-way agreement.

(c) Above-ground utility devices (e.g., poles and transformers) shall be located as shown in the engineering standards and shall not under any circumstances reduce the unobstructed width of the sidewalk to less than forty-two (42) inches.

(d) Utility companies are subject to the Department of Public Works and Utilities policies regarding "Type B Right-of-Way Use," "Elimination of Nuisance Utility Poles," "Trenching in the Right-of-Way," and other policies as prepared and updated by the Director. (Ord. 4856 §5 (in part), 2003)

11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS.

No new development, redevelopment, and maintenance of existing conditions (e.g., parking, vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Director. Specific criteria for identification of sight obstructions are set forth in the City’s Engineering Design and construction standards. (Ord. 4856 §5 (in part), 2003)

11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY.

(a) The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one (1) foot-high object in the center of a sidewalk or shoulder and located fifteen (15) feet away from either edge of the driveway throat when the driver’s eye is fifteen (15) feet behind the back of the sidewalk.

(b) The minimum sight distance defined in subsection (a) of this section shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc., are located adjacent to or in close proximity to a pedestrian walkway.

(c) Sight lines to traffic control devices such as signs, signals, etc., shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. (Ord. 4856 §5 (in part), 2003)

11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT-OF-WAY.

(a) Construction in the right-of-way including trenching, excavation and pavement restoration shall be in accordance with the engineering standards.

(b) Public street pavement shall not be degraded by trenching, excavation, and pavement restoration activities without due compensation to the City. Deviations to subsection (a) of this section may be approved by the Director of Public Works and Utilities upon written request by the applicant and demonstration of a satisfactory alternative.

(c) A five (5) year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street. Deviations to this subsection may be approved by the Director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. (Ord. 4856 §5 (in part), 2003)

11.12.260 VIOLATION - PENALTY.

(a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein.

(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. (Ord. 4856 §5 (in part), 2003)