Division I. Administration
Chapter 19.05
TITLE, SCOPE AND GENERAL
Sections:
19.05.030 Scope and applicability.
19.05.050 Relationship to other laws, and contractor responsibilities.
19.05.070 Consistency with other regulations.
19.05.080 Other standards adopted by reference.
19.05.090 Applicability to existing development.
19.05.100 Alternate materials and methods of construction (design deviations).
19.05.140 Protection of property and utilities – Restoration.
19.05.170 Landscaping and street vegetation.
19.05.180 Method of submittal.
19.05.190 Amendments to these standards (process).
19.05.200 Public Works Director.
19.05.220 Violation – Procedures and penalty.
19.05.010 Title.
These standards shall be known as the “City of Ferndale Development Standards” and may be cited as such. They may be referred to herein as “these standards.” (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 101)
19.05.020 Purpose.
The purpose of these standards is to provide minimum standards to safeguard public safety, health and welfare by regulating and controlling roadway, domestic water, sanitary sewer and storm drainage design and construction, domestic water, design and construction, sanitary sewer design and construction, together with land alteration and related work thereto.
A. Public Rights-of-Way. These standards shall apply whenever any public or private work is performed within the street rights-of-way in the City of Ferndale, including work performed by private parties at their own expense under authority granted by ordinance of the City Council permit process.
B. City Utilities. These standards shall apply to any work to maintain or construct City utilities or utilities that will be maintained by the City, whether on public or private property.
C. Stormwater Facilities. These standards shall apply to any stormwater facility of Ferndale, whether those facilities are on public or private property, and including but not limited to facilities that treat, detain, or convey stormwater.
D. Except where these standards provide otherwise, design, construction and materials shall conform to the appropriate standards of the current edition of the publications produced separately by the Washington State Department of Transportation (WSDOT) or jointly by WSDOT and the Washington State Chapter of the American Public Workers Association (APWA), as well as those publications listed under FMC 19.05.050. (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 102)
19.05.030 Scope and applicability.
These standards shall apply to all street, domestic water, sanitary sewer, and drainage design and construction and other land alteration activities in the City of Ferndale. Any person, firm or corporation who is engaged in land alteration activities in the City of Ferndale that impact or may impact the natural environment, soils, or vegetation shall only do so in compliance with the requirements of these standards. Any person, firm or corporation who seeks to obtain permits to develop land in the City of Ferndale which will result in land alteration shall be required to demonstrate compliance with the requirements of these standards prior to City approval and/or commencement of construction work. City approvals or permits to which these development standards may apply include but are not limited to the following:
A. Flood control zone permits.
B. Substantial development permits, and other shoreline permits as required by the City of Ferndale shoreline master program.
C. Short and long subdivision approvals.
D. Binding site plans and planned unit developments (PUD).
E. Conditional uses and variances.
F. Revocable encroachment permits.
G. Fill and grade/clearing permits.
H. Critical areas permit.
I. Site plan review approvals.
J. Building permits.
Commencement of construction work under any of the above mentioned actions or permits, including the initial clearing for any proposed land development, shall not begin until such time as final approval of the drainage, erosion control, and/or grading plans is stamped by City of Ferndale “Approved for Construction,” any required bonding or financial sureties are obtained from the applicant by the City, and the permits authorizing work or actions are released to the applicant.
Notwithstanding any other term or provision of this title, this title shall not apply to any “forest practice,” as defined in the Forest Practices Act of 1974 (Chapter 76.09 RCW), except to the extent that such regulation is expressly permitted by said Act, as now or hereinafter amended. (See RCW 76.09.240.)
Where, in any specific case, different sections of these standards specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 103)
19.05.040 Permits.
A revocable encroachment permit is required for all work within the public right-of-way and City utility easements, and for all sewer, water, and drainage improvements, including fill and excavation, parking lot construction and/or paving on private property as per Chapter 12.22 FMC.
A land disturbance permit is required for the construction of civil infrastructure consistent with an approved site plan, as per Chapter 19.65 FMC.
The approved applicant’s copy of either or both of the aforementioned public works permits, together with a set of plans approved by the Public Works Department, shall be available on the job site whenever work is being done on any portion of the project. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 104)
19.05.050 Relationship to other laws, and contractor responsibilities.
The contractor at all times shall comply with all federal and state laws, local laws and ordinances, and any regulations which in any manner affect the project.
The contractor shall release, indemnify and promise to defend and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, and expense, actions and claims, including costs and reasonable attorney’s fees incurred by the City in defense thereof, asserting or arising directly or indirectly on account of any violation of laws, ordinances or regulations whether such violations are by the contractor, their subcontractors, employees, or agents.
In addition, the contractor shall recognize that their project, whether constructed on behalf of the City or on behalf of a private party, is likely to be visible to the public. As such, the contractor, their subcontractors, employees, and agents shall adhere to the site maintenance requirements of FMC 19.05.160, and are expected to hold themselves to a high standard of professionalism and respect for the community at all times. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 105)
19.05.060 Control of noise.
The City has established regulations for the control of noise in FMC 8.08.020. This chapter is considered the City’s noise ordinance.
Under the City’s noise ordinance, construction related noise has limitations during the hours before 7:00 a.m. and after 10:00 p.m. Due to citizen concerns about construction noise in neighborhoods, and given the City’s intent to limit the occurrence of public disturbance noise, construction sites will be monitored by the Public Works Department and the Ferndale Police Department, and violators are subject to fines and/or suspension of work.
Construction contractors are responsible for notifying subcontractors of the City’s noise regulations, and the general contractor may also be held liable for noise violations resulting from subcontractor work. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 106)
19.05.070 Consistency with other regulations.
These standards implement and are intended to be consistent with the following:
A. FMC Title 16, Environment.
B. FMC Title 17, Subdivisions.
C. FMC Title 18, Zoning.
D. Chapter 16.08 FMC, Critical Areas.
E. City of Ferndale Comprehensive Plan.
F. Washington State Department of Transportation “Local Agency Guidelines.”
G. State of Washington Shoreline Management Act and City shoreline master program.
H. National and State Environmental Policy Acts.
I. Federal and state surface water rights law relating to riparian rights and surface waters.
J. Washington State Growth Management Act.
K. When conflict occurs between these development standards and any of the regulations listed above, or when an internal conflict within these standards occurs, the most restrictive regulation shall govern. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 107)
19.05.080 Other standards adopted by reference.
A. Adopted Standard Specifications. Except as otherwise provided in these standards, design detail, workmanship, and materials shall be in accordance with the relevant sections of the following which are hereby adopted by reference:
1. Washington State Department of Transportation and American “Standard Specifications for Road, Bridge, and Municipal Construction,” current edition. These will be referred to as “State Standard Specifications.”
2. Washington State Department of Transportation “Standard Plans for Road and Bridge Construction,” current edition, hereinafter referred to as “State Standard Plans.”
3. Reference Specifications. The following specifications, or most current editions thereof, may also be used:
a. When specifically cited by these standards; or
b. When required by a higher level funding authority having jurisdiction; or
c. In the absence of specific standard when applicable and approved by the Public Works Director.
4. “U.S. Department of Transportation Manual on Uniform Traffic Control Devices for Roads and Highways,” current edition, as amended and approved by the Washington State Department of Transportation, hereinafter referred to as “MUTCD.”
5. “Standard Specifications for Highway Bridges,” current edition, adopted by the American Association of State Highway and Transportation Officials, hereinafter referred to as the “AASHTO Bridge Specifications.”
6. “Washington State Department of Transportation Design Manual,” the current edition, hereinafter referred to as “WSDOT Design Manual.”
7. “Washington State Department of Transportation Highway Hydraulic Manual,” the current edition, hereinafter referred to as “WSDOT Hydraulic Manual.”
8. “International Residential and Building Codes,” most current edition adopted by the City, hereinafter referred to as “IRC” or “IBC,” respectively.
9. “A Policy on Geometric Design of Highways and Streets,” current edition. AASHTO.
10. “Highway Functional Classification, Concepts, Criteria and Procedures,” U.S. Department of Transportation, current edition.
11. “Handbook for Forest Roads,” Washington State Department of Natural Resources and Washington State Department of Ecology, current edition.
12. “Criteria for Sewage Works Design,” Washington State Department of Ecology, current edition.
13. “Appendix D, Fire Apparatus Access Roads,” 2015 International Fire Code (IFC), most current edition.
14. City of Ferndale Monument Network, June 2001.
15. City of Ferndale Transportation Study Guidelines, August 2017.
B. Other Specifications. In addition to the specifications listed in subsection (A) of this section, other specifications and/or references may be used when approved by the Director of Public Works. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 108)
19.05.090 Applicability to existing development.
A. General. Street and drainage improvements and other land improvements and alterations to which additions, alterations or repairs are made shall comply with all of the requirements of these standards for new facilities except specifically provided in this section.
B. Additions, Alterations or Repairs. Existing development is not required to conform to the provisions of these standards. Any additions, alterations or repairs to existing development must conform to these standards. Additions or alterations shall not be made to existing land improvements or development covered by these standards which will cause the existing development to be out of compliance with any of the provisions of these standards nor shall such additions or alterations cause the existing development to become unsafe.
Additions or alterations shall not be made to existing developments or land improvements when such existing development is not in full compliance with the provisions of these standards except when such addition or alteration will result in the existing development being no more hazardous to persons or the environment than before such additions or alterations are undertaken. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 109)
19.05.100 Alternate materials and methods of construction (design deviations).
A. The provisions of these standards are not intended to prevent the use of any material or method of construction not specifically prescribed by these standards, provided an alternate has been approved and its use authorized by the Director of Public Works. Such alternate shall be considered a design deviation.
The Director of Public Works may administratively approve a design deviation, upon a finding that the proposed design is satisfactory and complies with the provisions of these standards and that the materials, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in these standards in suitability, strength, effectiveness, durability and safety. For those design deviations that would reasonably be expected to impact stormwater design, treatment, or conveyance, the Public Works Director shall also determine whether the requirements of Section 5 (Adjustments) of Appendix I of the 2014 Stormwater Management Manual for Western Washington can be met. If the Public Works Director determines in writing that alternative materials and methods are not at least the equivalent of the prescriptive standards, and cannot meet the requirements of the Stormwater Management Manual (where applicable), the applicant may seek a variance pursuant to FMC 19.05.110, or may appeal the decision pursuant to FMC 19.05.120.
The Director of Public Works shall require that sufficient proof be submitted to substantiate any claims that may be made regarding the proposed deviation. The details of any action granting approval of an alternative shall be shown on approved civil drawings.
B. Private infrastructure that is owned and maintained by the property owner or association must demonstrate compliance with all requirements of these standards. However, provided that the applicant can demonstrate that design deviations will not negatively impact the environment, life safety, or the public infrastructure and if properly maintained will not create nuisance conditions as described in Chapter 8.08 FMC, the Public Works Director may administratively permit design deviations from these standards, including deviations from dimensional requirements for infrastructure and roadways.
1. When the Public Works Director finds that design deviations are proposed that do not represent an impact to the environment, life safety or the public infrastructure, but which will result in utilities or infrastructure in such proximity to structures, natural features, or other infrastructure (public or private) that may represent challenges in terms of maintenance or repair, the Director may require that an agreement be recorded with the Whatcom County Auditor, indemnifying the City of responsibility or costs associated with the maintenance or repair, or any damages to private property resulting in such actions.
Should the applicant refuse to indemnify the City, the design deviation shall be rejected and the applicant shall be required to propose an alternative configuration.
C. Design Deviation – Process. An applicant proposing to deviate from the standards described herein shall identify in writing the proposed deviation, and the standard from which the applicant proposes to deviate. The applicant shall identify these deviations on the proposed civil drawings and in a separate narrative describing the rationale for the deviation. The narrative shall include the following:
1. The standard from which the deviation is proposed.
2. The reason for the proposed deviation.
3. Evidence that the deviation will meet or exceed the goals of the standard.
4. Evidence that the deviation will not harm the environment or diminish life safety.
5. Documentation of required maintenance of the proposed infrastructure.
Should the Public Works Director determine that the deviation should be approved, he/she shall approve the deviation with the proposed civil drawings. Design deviations shall be considered on a case-by-case basis, and approval or denial of a specific deviation shall not be considered to be a permanent amendment to these standards, nor shall such deviation permit or prohibit the use of such alternative design on the same or other projects.
D. Utility Design – Deviations. Deviations related to the placement or installation of utilities shall be considered in part based upon the access to the water utility, which is the critical utility in times of emergencies and basic life safety. The water utility must be located above all other utilities in order to provide sufficient access, and must be accessible for emergency maintenance – in the judgment of the Public Works Director.
E. The Public Works Director is authorized to accept certain design deviations as provisional changes to these standards in those cases where the Director believes that such a deviation may be used as an acceptable alternative throughout the City. The Director is required to submit these provisional deviations to the City Council on a regular basis for permanent approval, subject to FMC 19.05.190.
F. Appeal Rights. The Public Works Director’s decision related to design deviations is final, but subject to appeal pursuant to FMC 14.11.070. The Public Works Director shall make their decision related to design deviations in writing and must cite to this section and FMC 14.11.070. (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 110)
19.05.110 Variances.
Variances from these standards shall be approved or denied administratively, and subject to appeal to the Ferndale Hearings Examiner pursuant to FMC 19.05.120. The Public Works Director shall determine whether a proposal deviates from the requirements of these standards to such an extent that a “design deviation” as described by FMC 19.05.100 is not appropriate and a formal interview between the applicant, their agent, and City staff is required.
A. Variance Request – Submittal Requirements. Any request for a variance from these standards shall be submitted in writing to the Director of Public Works for review through the submittal of a completed development standards variance application, required fees, and supporting documentation. Proposed variances must receive approval from the Public Works Director prior to construction. Variances from these standards may be granted by the Public Works Director upon submission of satisfactory evidence of all of the following:
1. The variance is necessary, and adherence to these standards is undesirable or impractical because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property to provide it with rights and privileges permitted to other properties in the vicinity and in the zone for which the subject property is located;
2. The variations are in the public interest;
3. The variations provide equal to or better quality elements than the standard at a comparable or lower cost, or other compensating benefits to the City, its residents and the public;
4. Minimum requirements of these or other standards adopted by the City cannot reasonably be met without the proposed variance;
5. The variations are based upon sound engineering judgment;
6. Safety, function, appearance and economical maintenance requirements are met; and
7. Such a variance would be properly granted to any applicant upon an identical showing of special circumstance relating to the subject property and the improvements in the vicinity in which the subject property is located.
Each variance request shall be reviewed for consistency with each factor above. Any factor not applying shall be noted “Not Applicable.” For those variance requests that may reasonably be expected to impact stormwater design, treatment, or conveyance, the Public Works Director shall also determine whether the requirements of Section 6 (Exceptions/Variances) of Appendix I of the 2014 Stormwater Manual for Western Washington can be met. In those situations where denial of the variance would force the applicant to request a variance from other standards or regulations, the Public Works Director shall consult with other departments to determine whether the City’s regulations can be equitably balanced while achieving the goals of the Ferndale City Council. Except in those situations where a variance is considered for the purpose of protecting life and safety, preference shall be shown for compliance with the 2014 Stormwater Manual above other regulations. In these cases, the Public Works Director shall also be required to determine that the exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state.
The Public Works Director shall make their decision in writing, including findings based on the criteria set forth above. The Public Works Director’s decision is final and may be appealed pursuant to FMC 19.05.120. (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 111)
19.05.120 Appeals.
Appeals of final decisions related to these standards, including but not limited to permits, approvals, denials or written final decisions or interpretations, shall be subject to appeal to the Ferndale Hearings Examiner. Such appeals shall be made and processed pursuant to FMC 14.11.070 and the procedural rules for City of Ferndale Hearings Examiner adopted by reference by FMC 14.05.030. (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 112)
19.05.130 As-built drawings.
A. All civil improvements must be certified by a Washington State licensed professional engineer and a Washington State licensed professional land surveyor. Prior to acceptance of the work, the developer/contractor shall furnish the Public Works Director one neatly and legibly marked set of the City approved, wet stamped plotter paper drawings of significant permanent items showing any and all changes in the final locations of all items of work including, but not limited to, curb and gutter, storm drain lines, water lines, sewer lines, catch basins, manholes, fire hydrants, valves, new and existing utilities and all other miscellaneous items included in the work. Marking of the drawings shall represent all changes, vertical and horizontal, and be done at the time the material and equipment is installed.
As-built drawings go through an approval process and may require revisions by the engineer of record. One set of construction as-built drawings shall be submitted to the City of Ferndale for review. Once approved, two final paper copies of the as-built drawings, a digital PDF copy, and a digital copy compatible with the City’s AutoCad software are required.
1. The AutoCad copy shall be in the following format:
a. Submit in Washington State Plane, North Projection, per FMC 19.20.060(A)(6). The City requires that the as-built survey be tied to the “City of Ferndale Monument Network.”
b. Project datum shall be as per FMC 19.20.060(A)(6).
2. On the first page of the as-built drawings, the project engineer shall certify the construction by signing the following statement and affixing their seal to the same:
“I hereby certify that the improvements in (development name) have been inspected by (firm name) and constructed in conformance with the plans approved by the Public Works Director for said development and the general specifications adopted by the City of Ferndale Department of Public Works.”
(Stamp)
B. Private Development.
1. Plats. Final plat approval shall be withheld until after the as-builts have been submitted and approved.
2. Commercial. Final approval and installation of water meters will be withheld until the as-builts have been submitted and approved.
C. Public Construction. As-built drawings shall be considered an item on the contractor’s punch list. Until all items on the punch list are completed, the project will not be sent to the City Council for approval. Final acceptance will be withheld until the as-built drawings are submitted and approved.
1. Public. Final acceptance by the Public Works Director shall be withheld until the as-builts have been submitted and approved. Financial sureties necessary to complete revisions to as-builts may be accepted in lieu of final approval at the discretion of the Public Works Director. (Ord. 2007 §§ 1, 2 (Exh. 2), 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 113)
19.05.140 Protection of property and utilities – Restoration.
A. Property. The contractor shall protect and preserve from damage, interference and destruction all private and public property on or in the vicinity of the work. If such property is damaged or destroyed or its use interfered with by the contractor or their agents, it shall be restored immediately to its former condition by the contractor at their expense, and such interference terminated.
B. Utilities. The contractor shall protect from damage private and public utilities, including telephone lines, power lines, sewer and water lines, railroad tracks and appurtenances, highway lighting and signal systems, cable, fiber, and information lines, storm lines, and similar facilities. Before beginning excavation, the contractor shall provide notice of commencement to all owners of underground facilities through the one number locator service, phone number 811, if available. If such services are not available the property owner shall give notice to all individual utility owners. Such notice shall not be less than two nor more than 10 business days before the scheduled date of excavation. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 114)
19.05.150 Traffic control.
A. General. Traffic control for all projects shall comply with WSDOT work zone traffic control plans and Chapter 6 of the MUTCD. In case of conflict between these regulations, the City shall generally utilize WSDOT standards. The contractor shall be responsible to furnish and maintain all required labor and materials as needed to the satisfaction of the Public Works Director.
The contractor shall conduct their operations as to offer the least possible obstruction and inconvenience to the public, and shall have under construction no greater length or amount of work than they can prosecute properly with regard to the rights of the public. The contractor shall not open up sections of the work and leave them unfinished for a longer duration than permitted and shall finish the work as it goes insofar as practicable.
Unless otherwise approved in writing by the Public Works Director, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. The contractor shall strive to keep existing roads and streets adjacent to or within the limits of the project open to and maintained in as good and safe condition for traffic at all times and shall coordinate with the City to identify and notify those residents, businesses, public agencies, or public services that may be most impacted by traffic delays. The City shall retain authority over road closures at all times, and may mandate closures by contractors when safety criteria cannot be achieved.
The contractor shall remove any deposits or debris and shall repair any damage resulting from their operations to original condition or better as described by the Public Works Director. Construction shall be conducted so as to cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, houses and buildings along the line of work shall be maintained.
1. In those cases where traffic delays or obstructions cannot be avoided for a prolonged period of time, the contractor shall coordinate with the City and other identified stakeholders to develop a traffic control plan for the purpose of protecting the public including motorists, pedestrians, and bicyclists, protecting the contractor, providing for emergency response, and identifying alternative routes or detours.
Construction signs shall not be placed on sidewalks or pedestrian pathways impeding wheelchair or pedestrian traffic. If the work entails removing panels of sidewalk, the contractor shall follow WSDOT standards for sidewalk closures.
If the road construction activities require advanced warning signs, then signs must be placed in accordance with the MUTCD manual and work zone traffic control book.
Signs and traffic control devices should not be a hazard to pedestrians. Signs located near or adjacent to the sidewalk should have a seven-foot vertical clearance. In the event that sidewalks on both sides of the project are closed, then pedestrians should be guided around the construction site.
Should signing or construction crews be in doubt, contact the appropriate City of Ferndale inspectors or Public Works project manager.
B. Detours and Road Closures. Approval must be received from the Public Works Director for all detours and road closures, including both work within the right-of-way and public or private events. Emergency road closures, such as those that become necessary in order to prevent an imminent threat to safety or property, are permitted. A formal traffic control plan complying with WSDOT standards shall be submitted to Public Works for review and approval by the Public Works Director prior to any work proceeding.
C. Flaggers, Barricades and Signs. Flagger(s), barricades, and signs shall conform to the standards established in the latest edition of the MUTCD. MUTCD Part 6 (Temporary Traffic Control) shows typical traffic control conditions. Standard Plan No. 702 shows typical traffic control devices. Should the contractor deviate from these standard plans, he or she should prepare a signing plan showing the necessary construction signing, barricades and flagger(s) required for the project and submit the plans(s) to Public Works for approval by the Public Works Director in advance of the time the signage and barricades will be required. All equipment and materials required for traffic control shall be furnished, installed and maintained by the contractor to the satisfaction of the Public Works Director. Flaggers must have a valid flaggers’ certificate issued by the state of Washington.
During construction activity at signalized locations, an off-duty, uniformed police officer shall be required at all times the signal or beacon is turned off or when the traffic signal indicator is countermanded, or if the Public Works Director determines it is necessary for traffic control. Officers are also required for new traffic signal work.
The uniformed police officer shall be provided by the contractor. For information on police officer availability, call the City of Ferndale Police Department at 384-3390.
D. Placement of Construction Signs on Sidewalks and Pedestrian Pathways. Construction signs shall not be placed on sidewalks or pedestrian pathways impeding wheelchair or pedestrian traffic. If the work entails removing panels of sidewalk then the sidewalk closed signs shall be placed in advance of the work area and shall provide an alternate accessible route. This will allow disabled persons and pedestrians to utilize an alternate route.
If the road construction activities require advanced warning signs, then signs will be placed in accordance with MUTCD Part 6 (Temporary Traffic Control).
Signs and traffic control devices should not be a hazard to pedestrians. Signs located near or adjacent to the sidewalk should have a seven-foot clearance. In the event that sidewalks on both sides of the project are closed, then pedestrians should be guided around the construction site. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 115)
19.05.160 Site maintenance.
The developer and contractor shall schedule and control their work so as to prevent all hazards to public safety, health and welfare, and impacts to the environment as per approved City documents, permit conditions, SEPA requirements (where applicable), and these standards. Failure to adhere to these requirements, even when not specifically conditioned on approval documents, shall constitute a violation of the City’s codes. Site maintenance requirements shall consist of:
A. Streets shall be kept free of dirt and debris on a continuous basis.
B. Scheduled work shall consider current and forecast weather conditions.
C. Scheduled work shall consider previously scheduled public events which may compound traffic conditions at or around the work site.
D. Pedestrian facilities shall be kept free of obstruction, and an accessible route shall be maintained at all times.
E. On existing streets, two-way traffic shall be maintained at all times unless detour plans have been approved in advance by the Public Works Director.
F. Pedestrian and vehicular access to occupied buildings shall be maintained at all times except where approval from the building owner has been obtained.
G. Adherence to the project’s erosion and sediment control plan will be required. Features contained therein, such as silt fences, check dams and sedimentation ponds, shall be maintained in good working order to the satisfaction of the Public Works Director. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 116)
19.05.170 Landscaping and street vegetation.
The establishment of landscaping and erosion control measures is necessary to conform to the basic concepts and principles set forth in the City of Ferndale Municipal Code and the Ferndale Comprehensive Plan. Landscaping shall be required on all projects to provide visual orientation for traffic safety, to create physical delineation of parking areas and to furnish definition and scale of the entire project by interval plantings and to insure the preservation of land values by creating an environmental quality which complements the objectives of the respective land uses in any zone. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 117)
19.05.180 Method of submittal.
Development applications and plans shall be submitted to the City in the form(s) described by individual application materials. The City of Ferndale seeks to utilize available and cost-effective technologies that may improve efficient review of proposals and that are compatible with industry standards. In some cases, the City may not be able to process applications that are received in media formats that are outdated or that are not compatible with adopted City technologies. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 118)
19.05.190 Amendments to these standards (process).
Recognizing that there will be changes in conditions and policies within the City that will from time to time justify changes to these standards, the City Council upon its own motion, the Public Works Director by means of a recommendation, or any person submitting a development standard amendment application together with application fee to the Public Works Director may initiate an amendment to these standards.
A. Amendments to these standards shall be approved through ordinance by a City Council majority at a regularly scheduled City Council meeting.
B. The Public Works Director shall process all proposed amendments by scheduling the matter as a City Council committee agenda item. The Public Works Director shall provide a recommendation and description of the proposal to the City Council Committee.
C. The Public Works Director shall update the City Council on an annual basis or as needed in order to identify those design deviations or provisional modifications that are recommended to be adopted as permanent standards. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 119)
19.05.200 Public Works Director.
References to the Public Works Director in these standards shall mean the Public Works Director or his/her designee. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 120)
19.05.210 Severability.
If any provision of these standards is held illegal or unenforceable in a judicial proceeding the remaining provisions shall remain in full effect. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 121)
19.05.220 Violation – Procedures and penalty.
Enforcement procedures and the penalties resulting from violations of these standards shall be administered pursuant to Chapter 1.12 FMC. (Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 1), 2016. DS § 122)