HomeMy WebLinkAboutOrdinance No. 0857Ordinance No. 857
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ADOPTING A
NEW SECTION 12.08.005 OF THE MEDINA MUNICIPAL CODE RELATING TO
CONSTRUCTION MITIGATION MEASURES IN CITY RIGHTS -OF -WAY;
AND TO AMEND MMC 12.08.030 TO CLARIFY THE CITY ENGINEER'S AUTHORITY TO
MODIFY STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION
WHEREAS, the City of Medina is classified as a non -charter code City under title 35A RCW;
and
WHEREAS, RCW 35A.47.020 sets forth regulations for code cities for the acquisition,
construction, maintenance, use and vacation of city streets, sidewalks and in the design standards
thereto; and
WHEREAS, the City Council adopted the Washington State Department of Transportation
Standard Specifications for Road and Bridge Construction, 1980 Edition, and amendments thereto,
by Ordinance 383 on December 20, 1982; and
WHEREAS, the City Council wishes to provide clarity to the original ordinance by
authorizing the City Engineer to develop and approve supplemental street use and construction
standards; and
WHEREAS, the City Council adopted regulations relating to the mitigation for major
construction activities requiring a building permit and wishes to extend these measures to projects
within in the City's rights -of -way that do not require a building permit; and
WHEREAS, the adoption of an ordinance pertaining to administrative procedures relates
solely to governmental procedures and contains no substantive standards respecting use or
modification of the environment and is therefore exempt from the requirements of the State
Environmental Policy Act pursuant to WAC 197-11-800(19).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS
Section 1. A new Section 12.08.005 of the Medina Municipal Code is hereby adopted to
read as follows:
12.08.005 General provisions.
A. All uses and activities associated with construction and excavation within the rights -of -way shall
comply with the requirements prescribed by the Medina Municipal Code, as well as other
requirements promulgated by the City Engineer and/ or the City manager or designee.
B. In addition to other requirements, the City may condition approval of uses and activities
associated with construction and excavation within the rights -of -way with applicable mitigation
measures set forth in MMC 15.20.030.
follows:
Section 2. Section 12.08.030 of the Medina Municipal Code is hereby amended to read as
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A. All construction, excavation and other work conducted within the rights -of -way of the city,
whether surfaced or un-surfaced, methods and materials shall be governed by the Washington
State Department of Transportation Standard Specifications for Road and Bridge Construction,
((1990)) 2010 Edition, together with subsequent amendments, revisions and additions and, to
the extent not inconsistent therewith, by the remaining provisions of this chapter.
B. The engineering construction standards set forth in Chapter 12.08.030(A) may be amended,
supplemented, and revised by the City Engineer to promote uniform and standardized
construction over, on, and under any street, highway, sidewalk, alley, avenue, easement made
to the city for public use, or other public way or public grounds in the city, and which conform
with the goals and policies set forth in the Medina Comprehensive Plan.
C. Where there may be a conflict between the requirements in the Standard Specifications, the
City Engineer's amendments and the Code shall prevail.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
Section 4. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent and contents.
PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF SEPTEMBER, 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF SEPTEMBER, 2010.
Approved as to form:
Bruce Disend, City Attorney
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Mayor
Attest
Ra el Baker, City Clerk