CITY OF HOMER

HOMER, ALASKA

 City Manager

ORDINANCE 02-33

 

AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE SECTION 11.04.030, DEFINITIONS, REPEALING SUBSECTIONS Q. PERMANENT MAINTENANCE AND CC. WINTER MAINTENANCE, AMENDING SUBSECTIONS S. ROAD AND V. STREET AND AMENDING HOMER CITY CODE SECTION 11.04.055, OFFICIAL MAINTENANCE MAP.

 

            WHEREAS, After review of the Alaska State Statute, the Homer City Code there appears to be no distinction between streets and roads; and

 

            WHEREAS, Permanent and winter maintenance designations are obsolete pursuant to the new road categories of urban road maintenance and rural road maintenance.

 

            NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

 

            Section 1.      Homer City Code Section 11.04.030 is hereby amended to reads as

follows:

 

11.04.030   Definitions.  In this chapter, unless otherwise provided, or the contest otherwise requires, the following words and phrases shall have the meanings set forth below:

 

a.            “Arterial” means a street or highway which provides as a major function the transmission of vehicular through traffic along its prolongation or length (in preference to traffic entering the street or highway from an abutting lot or intersecting road), and which performs a major role in serving the transportation needs of the community (by serving relatively longer trip lengths with minimal interference and higher speeds), and which is identified as an arterial on the Homer Master Roads and Streets Plan.

 

b.            “As-built drawings” means the plan and profile drawings of the improvements as constructed, drawn to the same level of detail as the original design drawings.

 

c.            “Base Course” means a layer of crushed aggregate placed atop the subbase, according to a specified gradation.

 

d.            “City” means the City of Homer, a municipal corporation, acting through the City manager and/or his designees.

 

 

 

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             e.            “Collector” means a street which collects traffic from local streets and/or relatively large traffic generators, and channels it into the arterial system, and is identified as a “commercial/industrial collector” or is a “residential collector” in the Homer Master Plan for Roads and Streets.  (A “commercial/industrial collector” is a collector located in a commercial or industrial zoning district, while a “residential collector” is a collector located in a residential, district.)

 

f.             “Cross culvert” means a culvert which crosses beneath the traveled way of street, such that its ends are exposed on the embankment of each side of the street.

 

g.            “Cul-de-sac” means a street that is closed at one end and which is therefore required to provide a circular turnaround.

 

h.            “Design Criteria Manual” means a publication issued by the City of Homer entitled “Design Criteria Manual for Streets and Storm Drainage,” dated April, 1985.

 

i.            “Design engineer” is a professional civil engineer, registered in the State of Alaska, who shall perform the project design for the developer.

 

j.            “Developer” means a person, firm, association, partnership, corporation, governmental unit, or combination of any of these which proposes to install street improvements, either as part of a subdivision development or as a development project on an existing right-of-way.

 

k.            “Drainage Management Plan” refers to the City of Homer’s documents entitled “Drainage Management Plan - Homer, Alaska” (dated August, 1979) and “Revised Drainage Management Plan - Homer, Alaska” (dated February, 1982).

 

l.            “Driveway” means an entrance/exist roadway which provides lateral access to a private property from a public right-of-way, and which is located on private property except for its junction with the public road within such right-of-way.

 

m.            “Driveway intersection” means the junction of a driveway with a street or other public road.

 

n.            “Local street” is a street which services primarily relatively short trip lengths and low traffic, allowing transmission of traffic from abutting lots to the collector or arterial system, and which does not qualify for designation as a collector or arterial.  For the purposes of this ordinance, local streets are segregated into two subclasses: “local residential” streets are those local streets situated in residential zoning districts and “local commercial/industrial” streets are those local streets located in commercial or industrial zoning districts.

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o.            “Master Roads and Streets Plan” refers to the document labeled such, adopted by the City of Homer.

 

p.            “Nonfrost susceptible material” means nonorganic soil containing less than three percent by weight of grains smaller than .02 mm obtained from minus three-inch material.

 

q.            “Permanent maintenance” means grading, pavement patching, ditching, culvert thawing, snowplowing, sanding, and other work, performed on an all-seasons basis for maintenance of city streets.

 

q. r.            “Right-of-way” means land, property, or interest therein, usually in a strip, acquired for or dedicated to the public for transportation purposes.

 

r. s.            “Road” is synonymous with “street”.  is a general term denoting a public way or track, or any length thereof, generally in rural areas, used for purposes of vehicular travel.

 

s. t.            “Roadway” means the portion of a street, road, or highway, including shoulders, for vehicular use.

 

t. u.            “Shoulder” means the portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles for emergency use, and/or for lateral support of base and surface courses.

 

u. v.            “Street” is a general term denoting a public way or track, or any length thereof, in urban settings, used for purposes of vehicular travel.

 

v, w.            “Street intersection” means the junction of two or more public roads, i.e., roads located within public rights-of-way.

 

w. x.            “Subbase” means the specified or selected material of planned thickness placed atop the subgrade and below the base course.

 

x. y.            “Subdivider” means a person, firm, association, partnership, corporation, governmental unit, or combination of any of these which may hold any recorded or equitable ownership interest in land being subdivided, The term shall also include all heirs, assigns or successors in interest, or representatives of the subdivider, owner, proprietor or developer.

 

 

 

 

 

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            y.
z.              “Subdivision” means the division of a tract or parcel of land into two or more lots, sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, including any subdivision, and when appropriate to the context, the process of subdividing or the land subdivided.  A “new subdivision” is an subdivision in which a plat has received preliminary approval prior to the effective date of this chapter.  There will be no time extension allowed for said preliminary plat to be considered at a later date.

z. aa.            “Subgrade” means the basement soil material in excavation (cuts), embankment (fills), and embankment foundations immediately below the first layer of subbase and to such depth as may affect the structural design of the roadway.

 

aa. bb. “Traveled way” means that portion of the roadway reserved for the movement of vehicles, exclusive of shoulders.

 

            cc.            “Winter maintenance” means snowplowing and sanding of roads during winter months; this definition specifically excludes culvert maintenance and prevention or alleviation of glaciation (aufeis) affects.  (Ord. 87-6(S) '1(part), 1987;  Ord. 85-14 (part), 1985).

 

            Section 2.      Homer City Code Section 11.04.055 is hereby amended to reads as follows:

 

11.04.055 Official Road Maintenance Map--Adopted.            a. The Official Road Maintenance Map of the City of Homer is enacted by reference and declared to be part of this chapter in its exact form as it exists on the date that the ordinance codified in this chapter is adopted by the City Council.  This map shall be kept in the City offices for public inspection.

 

b.            After the effective date of the ordinance codified in this chapter, the City shall not accept maintenance responsibility for any roads, existing or future, which are not constructed or reconstructed to the standards of this chapter, unless such road is shown on the “Official Road Maintenance Map of the City of Homer.

 

c.            City maintenance service, as specified on the official map, shall be provided in two categories;

 

                        1.            Urban Road Maintenance, full level of service for road maintenance on streets that meet the City Standard and these road are first priority, and

 

                        2.            Rural Road Maintenance, the level of service for roads that do not meet City standards and are determined to deserve a reduced level of service and these roads take second priority.

 

 

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            d.            If the map becomes lost or damaged, the map or significant parts thereof remaining after partial destruction shall be preserved.  The City Council may by ordinance enact a new map which shall be consistent with and supersede the old map.

 

e.            The map shall be signed by the City Clerk with a note of the date of enactment by the City Council.  Amendments by ordinance shall be immediately added to the AOfficial Road Maintenance Map of the City of Homer@ with a notation of the date of enactment of said ordinance by the City Council.  (Ord. 02-23(S), 2002; Ord. 87-6(S) '1(part), 1987;  Ord. 85-14 (part), 1985).

 

            Section 3.      This ordinance is of a permanent and general character and is ordinance shall be included in the City Code.

 

            ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2002.

 

CITY OF HOMER

 


_______________________________
Jack Cushing, Mayor

ATTEST:

 

 

 

 

 

___________________________

Mary L. Calhoun, City Clerk

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

 

 

 

 

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First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

Reviewed and approved as to form:

 

_____________________________              ___________________________

Ronald Wm. Drathman                                             Gordon J Tans

City Manager                                                               City Attorney

 

 

 

 

 

 

Fiscal note:  See Ordinance 02-21 and back up. Projection for now is $121,848 and for 2003 is an additional $193,500.