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HomeMy WebLinkAbout6125ORDINANCE NO.6 1 2 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 12.60 OF THE AUBURN CITY CODE, RELATING TO RIGHT-OF-WAY PERMITS WHEREAS, the City of Auburn has various instances where private use of public rights-of-way may be called for and accordingly has developed a process for rights-of-way use permits; and, WHEREAS, some of the provisions in City Code addressing private use of public rights-of-way are located in different areas of the City Code and it would be advantageous to compile them in a common site; and, WHEREAS, upon review of the existing provisions, it is also appropriate to amend the language relative to rights-of-way use permits to assure that the process meets City needs; and WHEREAS, Banners that cross public rights-of-way pose special concerns in terms of installation and traffic flow -visibility, and as such, the use of banners that cross public rights-of-way should be limited to promote only City sponsored or co-sponsored community events and special events. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Chapter 12.60 of the Auburn City Code (ACC) be and the same hereby is amended to read as follows: ----------------- Ordinance No. 6125 October 3, 2007 Page 1 of 21 Chapter 12.60 RIGHT-OF-WAY PERMITS Sections: 12.60.010 Purpose - ;~s~a~^° - °„~"or;+.~~~------- RReg~reme~tsPermit reguired. 12.60.015 Definitions. 12.60.020 Right-of-way use permit application process and fee. 12.60.025 Ri ght-of-way use permit types. 12.60.030 + d Type A Street banner ermits'-,^~°~„-a'~:r°~' °°r~,,;+ ~=gt~ r-e . 12.60.040 Ty pe BShort-term permit. €valt+a#aer~~ deterr~+~ same-: 12.60.050 Ty pe CLong-term permit. 12.60.060 Ty pe D Hauling permit. 12.60.070 Ri ght-of-way use permit term, extension, renewal, and termination. 12.60.080 Correction and discontinuance of unsafe nonconforming, noncompliant or unauthorized conditions. 12.60.010 Purpose - .Permit required. The purpose of this chapter is to establish minimum rules and regulations for reg~lat+ng--controlling and enforcing right-of-way uses +s--to assure that proposed uses are consistent with public health, safety, and welfare of the community, and that any harm or nuisance which may result from a proposed use is prevented. It shall be unlawful for anyone to make private use of anY public right-of-way without aright-of-way use permit issued by the City, or to use any public right-of-way without complying with all provisions of a permit issued b the Cit unless such rivate use falls within the desi Hated exceptions set forth in this .chapter. t${f~ilr~i~a~N6F1-~6f--r'}~}jf--S~F6~'I--~e~~S-~-~h°t~tr---bv---vur~ij@6+ +i-r^v._.-'mom-OV'tiT'r°,-c~;z^-re r~--,--h- 6td--~a{~~ss--atfreer~eet~~;-evafa~a~t+0e Inr~n_}erm ~~cn ovnoorlintY '2 (1 r1n~i~, ~ ~ f t . (Ord. 5784 § 1, 2003; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 4767 § 1, 1995; Ord. 3351 § 2, 1978.) 12.60.015 Definitions. ----------------- Ordinance No. 6125 October 3, 2007 Page 2 of 21 The following words and phrases, wherever used in this chapter, shall have the meanings ascribed to them in this section except where otherwise defined or unless the context shall clearly indicate to the contrary. A. "Abutting property" means and includes property bordering upon and contiguous to aright-of-wad B. "Applicant" means any person, company, corporation, enterprise, or entity applying for the issuance or renewal of a right-of-way use permit or any person, company, corporation, enterprise, or entity that has been issued aright-of-way use permit. C. "Application" means, for the purposes of this chapter, the collection of papers necessary to initiate aright-of-way use permit request, and shall include an a lication in the forma roved b the cit and other submittals consistent with the ur oses of this cha ter. D. "Banner" means any pliable canvas, cloth, or synthetic sign material or holiday ar festival decor such as garland or similar decor stretched over or across any right-of-way. E. "Community event or special event" means an event of a public nature sponsored or co-sponsored by the City of Auburn far the purpose of celebrating a particular holiday, festival, or other traditional commemoration, and may include carnivals, fairs, festivals, parades, or other similar short-term uses of right-of-ways. F. "Co-sponsored by the City of Auburn" means the City is joining - is willing to join - as an applicant, provided however, the r~i-r~ primary sponsor is still responsible far all right-af-way use permit paperwork, liability, and fees. G. "Private Use" means use of the public right-af-way_for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians. H. "Right-of-way" means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, landscape (parking) strips, s uares trian les and other ri hts-of-wa o en to the use of the ublic and the space above or beneath the surface of same. This definition specifically does nat include streets, alleys, ways, landscape strips, and sidewalks which have not been deeded dedicated ar otherwise ermanentl a ro rioted to the Cit for ublic use. I. "Sidewalk cafe" means a portion of a public sidewalk on which tables and chairs are placed for the use of patrons while consuming food and/or beverages served by a cafe or restaurant on abutting property. J. "Sidewalk display" means a display of goods and wares on a public sidewalk for retail sale to the public by the owner or manager of a ----------------- Ordinance No. 6125 October 3, 2007 Page 3 of 21 business upon abutting property, which products are being offered for sale inside the business. K. "Sidewalk vending unit or vending unit" means a movable cart or similar device that is operated from a fixed location on a public way from which foodx beverages (excluding alcohol), flowers, plants, and/or merchandise are provided to the. public with or without charge. The provisions of this chapter shall not apply to mobile caterers, generally defined as person(s) engaged in the business of transporting food and beverages in motor vehicles to residential,, business, and industrial establishments pursuant to prearranged schedules, and dispensing items from the vehicles for retail sale to the personnel of such establishments. L. "Vending" means the commercial sale of food, beverages (excluding alcohol), flowers., plants, and/or merchandise only from a sidewalk vendin unit upon public ways of the City of Auburn. "Vending" does not include alcohol as defined in RCW 66.04.010 tobacco firearms munitions, or any article which a minor is prohibited by law from purchasing, or any materials restricted by the fire code from direct access or handling by the public. 12.60.020 Right-of-way use permit application process and fee. A. The cit en ineer or desi nee herein referred to as "the city", shall establish policies and procedures to administer the permit program. B. Applicants may be required to submit, in addition to the application form, any documents the city deems necessary to perform an accurate evaluation of the right-of-way use permit application. C. Decisions re aq rdinq issuance, renewal, denial, or termination of any such permits shall be subject to insurance requirements, bond requirements, indemnification and hold harmless agreements, the capacity of the rights-of-way to accommodate the applicant's proposed facilities or use, evaluation of competing public interest, and other administrative details determined and administered by the city. D. As part of a complete right-of-way use permit application, the applicant shall submit to the city right-of-way use permit fees, including a non-refundable application fee, as set forth in the City of Auburn fee schedule at the time of a lication~ rovided however bona fide governmental .agencies of the federal government or the state of Washington or subdivisions thereof shall be exempt from payment of said fee. Type D Hauling Permits will require additional fees to be paid, per the City of Auburn fee schedule, before the permit can be issued. E. If insurance is reguired1 the insurance guidelines in city policy shall apply unless otherwise established by the city- ----------------- Ordinance No. 6125 October 3, 2007 Page 4 of 21 F. Conditions of approval will be identified during the city's review of the a lication and ma include a certificate of insurance. inderr~nification and hald harmless a regiment. traffic control Ian perfr?rrnance bond. time and use restrictions video datstatus re orts restoration of disturbed ri ht-of-wa features or an other re uirements the city deems necessary to protect the right-of-way and public health, safety, and welfare. apptisat+~-fee-a . smote--~9-~a}~- ea~e~+o rE~~~~~~e~ied---may-fie-!mod--to--~k~-;app-I+s,~t---t~e~ a.~~,,,,.trti,C~?`l.-E.i~ir$-at„-tha nom. ncrra-vf..~~.Y.~n•+r frnm rho rl~+ n i.f ~ ii.*r+ro.-~~~ca~, s86fl r-IE5 , pe~i#-th sabd+v+siar~~s--t#ereaf'--sf~ala--be--e~c~ef~+pt-#~m~ay~taer~~-e# -said-4ee: ~+gl~f- wa-y-per-ra+~-fees-,a payabte--o #~e . (Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 5005 § 2, 1997; Ord. 4767 § 1, 1995; Ord. 4239 § 1, 1987; Ord. 3351 § 3, 1978.) 12.60A25 Riaht-of-wav use permit tvaes. There are four t es of ri ht-of-wa use ermits. • ape A is a short-term permit for 14 days or less, which allows the applicant to display a banner at a specific location as described in 12.60.030. • ape B is a short-term permit for uses of less than 30 days as described in 12.60.040. • Type C is a longterm permit for uses of 30 days to 5 years as described in 12.60.050. • ape D is used for hauling or moving loads on cityright-of-wav, as described in 12.60.060 and can be short-term less than 30 days, ar long-term, 30 days to five years. ---------------- Ordinance No. 6125 October 3, 2007 Page 5 of 21 12.60.030 Type A Street Banners-permits. --~AFh ~e~~ii~ed: A. Other than where the city itselfi places a banner across a right-of-way, only organizations co-sponsoring community events or special events with the .city. may be entitled to apply far aright-of-way .use permit for a banner, provided that the co-sponsor shall meet all of the following criteria: 1. An Auburn-based organization; 2. Nonpolitical in nature; 3. A nonprofit organization {having, obtained IRS certification as tax exempt under 26 U.S.C. 501(CC)(3)) or government entities; 4. An organization that does not discriminate in regard to race1 religion, color, gender, national origin, creed, age, marital status, veteran status, disability status, ar any other basis prohibited by federal, state, ar local law. ev++a+~te-~sp ~r~der.7ig-nat~d--1 ~-#s~~a B. Qualifiied applicants mawdisplay tem~aorary banner signs. These signs shall not advertise ar promote the sale of any product1 commodity, or service for which a person pays a fee except a non profit community event. C. In the event that there is a competing interest of qualified applicants for such aright-of-way use permit for a bannerL the city shall ive priority to community events. Far organizations not advertising a community event, each qualified applicant may display banners for a maximum of two 7-day periods within any calendar year. In the event of a schedule conflict between a communit event and another a lication the community event shall take precedence. D, Banners shall car~fc~rrn_ tc __~he„_ city's ~tn~rd detail for banners r~_ hail~be erected h~ city on cit~a~proved support standards at a citesdesignated location. ers-~s#~a~--fie . (Ord. 5784 § 2, 2003; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998; Ord. 4767 § 1, 1995; Ord. 4106 § 1, 1986.) 12.60.040 Type B short-term permits sta~da~s. A. T e B is a short-term ermit for uses of less than 30 da s. ----------------- Ordinance No. 6125 October 3, 2007 Page 6 of 21 B. Type B permit uses include, but are not limited to, ri. hq t-of" way closures for sidewalk sales, rallies, block parties, or other similar events. C. In the event a Type B permit involves a street, sidewalk, or arkin closure additional fees are re uired er the Cit of Auburn fee schedule. D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. E. Applicant shall be an individual or organization that does nofi discriminate in regard to race, religon, color, gender, national origin, creed, age, marital status, veteran status, disability status, or any other basis prohibited by federal, state, or local law. t~--~repaa~at~n-~f-~I~+a-staff- te-t-he---p~b~~e~s r~e~ia-: A- '~E-ab+~y-ef-tie--ap~l+sa+~: ~ Th° r°m~ininrv r+on%~ri}+~ of }h° riiy at~c r-t~~$es-+~•t~e~-a p~l+bttt tt-s- pr '~ T~~~~~~ ~:--Ap~~-~far~ag2--8~-~1s~pt16ra-;--+€-~ia~y; -6~-p~l+s-B~pF+~Fat2~-#aEvif+t+es, 1 Thr-~7'x°•a+inRi~ fg r,,,tl~{~B~esJ,fyrl ' ~+g~te-of-w~+~ +~fi11 ~°~~° . (Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.) 12.6U.050 Tvae C Lona-term permit. A. Type C is along-term permit for uses of 30 days to 5 years. B. Type C permit uses include, but are not limited to, installation of groundwater monitoring wells, landscaping, fences, awnings, underground storage tanks, bus shelters, underground or overhead facilities such as fiber optic cables or utility vaults except when a franchise or public way agreement applies use of the right-of-way to paint ----------------- Ordinance No. 6125 October 3, 2007 Page 7 of 21 or repair a building or to stage for construction, sidewalk cafes, and sidewalk vending units. C. In the event a Type C permit involves a street, sidewalk, or parking closure, additional fees are required per the City of Auburn fee schedule. D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. E. Applicant shall be an individual or organization that does not discriminate in regard to race, religion, color, eq nder, national arign, creed, age, marital status, veteran status, disability status, or any other basis prohibited by,federal, state, or local law. 12.60.060 Type D Hauling permit. A. The city requires any person, company, corporation, enterprise or entity operating a vehicle over the state's. legal load or size limit t~sieq--on the public ~+g~~;--r~ad~s; right-of-ways to obtain a permit for overweight or oversize hauling. The permit shall mitigate impacts to ester +nto- -a r~ -a gr-eer~e+~t--pu~st~a+~t-t8--a -~+g~t-a~wa y-per~i t--u~e~-~k~te ~--1-2~:-~a ACC---ar--ate--egt~+va~~t--~r-ocedt+r~; _~---ta-add~e~ss-~a-speFese--cap-a said rights-of-ways; i~as#~+din~-by_addressing public safety, environmental, traffic, noise, unusual wear and tear, or other impacts to the rights-of-ways.; B. The city-~e~g+nee~, with respect to pul~i~~-h~hwa~y~s;--reads; right-af-ways within the city's jurisdiction, may restrict or prohibit the operation thereon of trucks or any other vehicles, except tie--~-operatisr~~-~f---school buses, public transit and emergency vehicles, or may impose weight limits-as-to-wa~igtats, ~a~ -determine haul routes for local trips, or Ip ace any other restrictions as may be deemed necessary) including whene~ the city en~ee~ determines that any p~~tie__....hig.hw.ay;____..road; .--..-street---ar -the~r~g~#areright-of-way would be seriously damaged or destroyed by reaso+a--off--ra+n; -snow;--severe--wider #reez~,-o#-her-climatic conditions, deficient structural integrity, or any other conditions if unrestricted use is continued. In the event t-bat-the city determines the project, program, or activity for which the person, company, corporation, enterprise or entity is _using said right-of-ways will create unusual wear and tear on the right-af-way, or si nificant im acts to ublic safet the environment traffic and noise and for all ~roiects that require mitigation of hauling and related impacts within the city, the person, company, corporation, enterprise or entity using the ----------------- Ordinance No. 6125 October 3, 2007 Page 8 of 21 p~+btie._..hig~hways, ._-roads___....str~eetsr-,a~d-_.._t~oro~g#~#a~r-esright-of-waY request aright-af-way use permit, which identifies the specific restrictions, prohibitions, and conditions of use. sr-e~t+t perm; p~v+~~fe , +~va~ves-a-f~eject- ifl-tie--cify-ef-At~~t~+~--t~at~-w+N-craa#e-- tear-e+~- , ef.-~+autieg.,aed-~retated_i~mpaots--w+t~+~a--the--eity--r~ acitic~r~ tee the otp ential conditions listed in ectiar~ 10.~~0 asaid permit may include conditions eta-far mitigation ~ ' efnecessitated by the impacts of the project, program, or .activity, which shall include, but not be limited to, any mitigation set out in the contract or bid documents, or other review documents, or as may be otherwise required for said project, program, or activity. ~C._The city en~ee~~shall not, however, prohibit the use of any cit street desi Hated a art of the route of an rimar state hi hwa throu h an such incor orated cit ar town b vehicles or an class of vehicles or impose any restrictions or reductions in permissible weights unless such restriction, limitation, or prohibition, or reduction in permissible weights be first approved in writing by the department of transportation (RCW 46.44.080). ~' e~ss;Ui~ ~r"rert~it-~ ' ~nto~-ii'~°+ re~str+stie~n-,--Ii+~+t~tie~-p+tic-ae--~ ~e--f+rst . (Ord. 5873 § 1, 2004; Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.010.) 12.60.070 Riaht-of-way use Hermit term, extension, renewal, and termination. A. No permit term shall exceed five years unless it has been approved by the full council. B. The city has authority to grant a single 30-day extension to the applicant upon receipt of a written request, absent any known reasons for denial. Extensions of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require public works committee approval. ----------------- Ordinance No. 6125 October 3, 2007 Page 9 of 21 C. Once a permit has expired or been revoked, the applicant must apply for a new permit. No permit shall be automatically renewed. D. All right-of-way use permits are wholly of a temporary nature, and vest no permanent rights whatsoever. E. Right-of-way use permits are approved for the location and a licant listed on the ermit and cannot be transferred for another location or for another applicant unless first approved by the city. F. The city shall have the authority to restrict, suspend, or revoke a ermit u on thirt 30 da s' notice ravided however the cit shall have the authority to immediately suspend or revoke a permit without such notice in situations that present, in the city's determination, a health ar safety hazard or constitute a public nuisance. The grounds far restricting, suspending, or revoking aright-of-way use permit shall include, but not be limited to: 1. Any other license or permit that the applicant is required to have for the same use as the right-of-way use permit is not acquired or is suspended, revoked or cancelled. 2. The applicant has violated or failed to meet an_y of the provisions of this chapter ar is in violation of any other ordinances or regulation of the city relating to the use by the applicant for which the permit is applied for or issued. 3. The applicant has failed to meet the conditions of thepermit. 4. The use for which the permit was approved has changed. 5. The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of incorrect information supplied to the city. 6. The abutting property owner or legal representative withdraws consent in writing for a sidewalk vending unit. 12.60.080 Correction and discontinuance of unsafe. nonconformin noncompliant or unauthorized conditions. A. Whenever the city determines that any condition on any ri ht-of-wa is in violation of or an ri ht-of-wa is bein used contra to any provision of this code or procedures adapted hereunder or other applicable codes or standards, or without aright-of-way use permit, the city may order the correction or discontinuance of such condition or any activit cousin such condition. B. The city is authorized to order correction ar discontinuance of any such condition or activities following the methods specified in ro~cedures ad___ppted pursuant to this code. C. The cit shall also have all ownrs and remedies which ma be available under state law, this code, and procedures adopted ----------------- Ordinance No. 6125 October 3, 2007 Page 10 of 21 hereunder for securing the correction or discontinuance of any condition specified in this section. D. The city is authorized to use any or all of the fallowing methods in ordering correction or discontinuance of any such conditions ar activities as the cit determines a ra riate: 1. Servin of oral ar written directives to the ermittee or other responsible person requesting immediate correction or discontinuance of the specified condition; 2. Service of a written notice of violation, orderingcorrection or discontinuance of a specific condition or activity within 10 days of notice, ar such other reasonable period as the city may determine; 3. In the event the permittee fails to correct or discontinue the condition or activity within the specified period of time after receiving natice the cit shall have the authorit to remove the structure and the cost of removal shall become a lien against the private property adjoining the right-of-way where the structure was removed provided that private ra ert is owned b the ermittee. The lien sa created shall be sub'ect to foreclosure pursuant to the foreclosure laws of the state. 4. Revocation of previously granted permits where the permittee ar other responsible person has failed or refused to compl~th requirements imposed by the city related to such permits;, 5. Issuance of an order to immediately stop work until authorization is received from the city to proceed with such work; 6. Any object or thing which shall occupy any right-of-way without a ermit is declared a nuisance. The cit ma attach a notice to an such object statin that if it is not removed from the ri ht-of-wa within 24 hours of the date and time stated an the natice, the object ar thing may be taken into custody and stored at the owner's expense. The notice shall provide an address and phone number where additional information may be obtained. If the object is a hazard to ublic safet it ma be removed summarily by the city. Notice of such removal shall be thereafter ivq en to the owner, if known. This section does not apply to motor vehicles; 7. All expenses incurred by the city in abating the condition or any portion thereof shall constitute a civil debt owing to the city Lointly and severally by such persons who have been given notice ar who own the object arplaced it in the right-of-way, which debt shall be collectible in the same manner as any other civil debti 8. The cit shall also have all owers and remedies which ma be available under law, this code and procedures adopted hereunder for securing the correction or discontinuance of any conditions specified by the city. ----------------- Ordinance No. 6125 October 3, 2007 Page 11 of 21 Section 2. Fee Schedule Amended. That in accordance with the above changes, Section H (Public Works Department Fees) of the City of Auburn Fee Schedule, be and the same hereby is amended to read as follows and the changes are incorporated as part of the complete City of Auburn Fee Schedule: H. Public Works Department Fees Transportation Impact Fee Rate Schedule (Per Ordinance No. 5763 as amended by Resolution No. 3953, Ordinance No. 6005 and Resolution No. 4103.) Unit of Basic Impact Land Use ITE Land Use Code Measure Trip Rate Fee Rate Residential SF residential 210 dwelling 1.01 $3,137.90 MF residential 220, 221, 230, 233 dwelling 0.62 $2,036.31 Senior Housing 251 dwelling 0.26 $646.22 Mobile home in MH park 240 dwelling 0.59 $1,466.43 Commercial -Services Drive-in bank 912 sf/GFA 45.74 $36.54 Day care center 565 sf/GFA 13.18 $17.55 Hotel 310 room 0.59 $2,094.89 Motel 320 room 0.47 $1,668.81 Library 590 sf/GFA 7.09 $8.03 Post office 732 sf/GFA 10.89 $12.33 Service station 944 VFP 13.86 $8,366.08 Service station w/minimart 945 sf/GFA 96.37 $43.63 Auto care center 942 sf/GLA 3.38 $4.62 Movie theater 444, 445 seat 0.07 $121.48 Health club 492, 493 sf/GFA 4.05 $8.36 Commercial -Institutional Elementary school 520 sf/GFA 1.19 $1.44 Middle school/jr. high 522 sf/GFA 1.19 $2.28 High school 530 sf/GFA 0.97 $2.55 Assisted Living, Nursing Home 254, 620 bed 0.22 $546.80 Church 560 sf/GFA 0.66 $2.17 Hospital 610 sf/GFA 1.18 $4.19 Commercial -Restaurant Restaurant 931 sf/GFA 7.49 $18.09 High turnover restaurant 932 sf/GFA 10.92 $17.84 ----------------- Ordinance No. 6125 October 3, 2007 Page 12 of 21 Fast food restaurant 934 sf/GFA 34.84 $30.93 Espresso Stand drive thru NA site 6.00 $2,130.40 Commercial -Retail Shopping Shopping center 820 sf/GLA. 3.75 $4.89 Supermarket 850 sf/GFA 10.45 $14.61 Convenience market 851 sf/GFA 52.41 $27.22 Freestanding discount store 813, 815 sf/GFA 4.53 $5.91 861, 863, 864 Hardware/paint store 816 sf/GFA 4.84 $2.92 Specialty retail center 814 sf/GFA 2.71 $2.05 Furniture store 890 sf/GFA 0.46 $0.42 Car sales -New 841 sf/GFA 2.64 $8.62 Car sales -Used NA spacer 0.28 $914.65 Commercial - Oj~ce General Office 710, 715, 750 sf/GFA 1.49 $6.07 Medical office 720 sf/GFA 3.72 $11.89 Industrial Light industry/ manufacturing 110, 140 sf/GFA 0.86 $4.87 Heavy industry 120 sf/GFA 0.68 $4.31 Industrial park 130 sf/GFA 0.86 $4.87 Mini-warehouse/storage 151 sf/GFA 0.21 $1.09 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 7th Edition. B. Impact fee rate calculation is based upon the following methodology: - Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure) - Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) =Impact Fee Rate (per unit of measure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. D. sf /GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area; VFP=Vehicle Fueling Position. Footnotes: t Space is individual vehicle sales space: 70 vehicles for sale = 70 vehicle spaces. ----------------- Ordinance No. 6125 October 3, 2007 Page 13 of 21 Truck-Dependant Land Use Supplementary Transportation Impact Fee Rate Schedule (Per Resolution No. 4122.) Land Use ITE Land Use Code Unit of Measure Truck Trip Rate Impact Fee Rate er s Industrial Li ht Indust /Manufacturin 110,130, 140 sf/GFA 0.06 $ 0.10 Hea Indust 120 sf/GFA 0.04 $ 0.08 Commercial-Retail Sho in Center 820 sf/GLA 0.01 $ 0.01 Su ermarket 850 sf/GFA 0.33 $ 0.60 Free-Standin Discount Store 813, 815, 861, 863, 864 sf/GFA 0.10 $ 0.18 Home Im rovement Su erstore 862 sf/GFA 0.37 $ 0.66 Car Sales -New 841 sf/GFA 0.09 $ 0.15 Commercial -Restaurant Restaurant 931 sf/GFA 0.63 $ 1.13 Fast Food Restaurant 934 sf/GFA 2.87 $ 5.17 Notes: ITE Land Use Code based on ITE Trip Generation, 7th Edition Impact fee rate calculation is based upon the following methodology: - Truck Trip Rate =Daily Truck Trip Generation (per unit of measure) - Truck Trip Rate x Per Trip Fee =Impact Fee Rate (per unit of measure) For lahd uses not specifically identified in the table, trip generation rates could be derived from a special study by the applicant. sf /GFA=Square feet of Gross Floor Area; sf/GLA= Square Feet of Gross Leasable Area Impact Fees By Land Use -Revenue Credit = 20% (Per Ordinance No. 5977 and amended by Resolution No. 4022) Total Adjustment Fire and EMS Fire and EMS Cost (Revenue Impact Fee Per Unit Of Credit) At Per Land Use Development 20% Unit of Development Residential Single Family, Duplex, Mobile Home $ 362.66 $ 72.53 $ 290.13 per dwelling unit Multi-family 383.09 76.62 306.47 per dwelling unit Non-Residential Hotel/Motel 0.53 0.11 0.42 per sq ft Hospital/Clinic 1.05 0.21 0.84 per sq ft Group Living 2.63 0.53 2.10 per sq ft ----------------- Ordinance No. 6125 October 3, 2007 Page 14 of 21 Office 0.29 0.06 0.23 per sq ft Retail 0.62 0.12 0.50 per sq ft Restaurant/Bar/Lounge 1.62 0.32 1.30 per sq ft Industrial/Manufacturing 0.11 0.02 0.09 per sq ft Leisure/Outdoors 1.08 0.22 0.86 per sq ft Agriculture 0.71 O.14 0.57 per sq ft Church 0.38 0.08 0.30 per sq ft Schools/Colleges 1.07 0.21 0.86 per sq ft Government/Public Buildings 1 81 0.36 1.45 Per sq ft Casino 3,78 0.77 3.01 Per sq ft Jails 21.99 4.40 17.59 Per sq ft FACILITY EXTENSION FEES (Per Ordinance No. 5791 and amended by Ordinance No. 5819, Resolution No. 3953 and Resolution No. 4143.) The Facility Extension Application Fee is $516.00, plus $155.00 for each Facility (Water, Sanitary Sewer, Storm Drainage, Street, private street and private storm systems within private streets). Facility Extension Fees are the summation of the following categories (a+b+c+d), or $1,550.00, whichever is greater. a. For the combined linear footage of water, sewer, storm drainage and private storm drainage within private streets: The first 0 lineal feet (LF) to 1000 LF is charged at $5.15 per LF plus, The next 1001 LF to 2500 LF is charged at $2.60 per LF plus, Any additional over 2500 LF is charged at $1.55 per LF. b. For the linear footage of streets and private streets: The first 0 LF to 500 LF will be charged at $6.45 per LF plus, The next 501 LF to 1000 LF will be charged at $3.85 per LF plus, Any additional over 1000 LF will be charged at $1.03 per LF. c. For non-linear extensions such as pump stations or traffic signals, the extension fee will be determined by the City Engineer based on an estimate of the City's labor Cost associated with the plan review, inspection, and administration of the application d. For that portion of the water or sewer facility located outside City Limits, but within existing County (King or Pierce) right-of-way, an additional fee of $413.00 plus $4.65 per LF of the combined water and sewer extension located in the existing County right-of-way applies. ----------------- Ordinance No. 6125 October 3, 2007 Page 15 of 21 Facility Extension Fees will be paid as follows: 1. Forty percent (40%) at the time of execution of the facility extension agreement 2. Sixty percent (60%) upon the City's approval of the construction drawings and prior to the start of construction. Street and alley vacations $750.00 ig~st_o ay.Per . °tM..~P~~-Or~~r~a~~ce-_Nc~:-58.1.9). .~ µ, .d ~, ~'-c ~ ~ : ~~ l..se Permit Fees: Per Ordir~artce tela. 8~ a T e ~ -~- Banner; 30,00 T e B -~ Short term; 60.Q0 T~~~__C --~ Lor~g t~:rrn; ~,..,,~_~ ~10Q fc~r the 1~,~ year 1$30 for each additio€~al y~<r .~1._ '. = ~ ~-'< ~ ~:~.~.__ --- ~ QCl + tirn~t~:d staff times ~ 5~}~~ ~r Street Closure --- T e B or ~; 00 Sidewalk Closure - Type B or C; X60 Parirt Closure - T e B or C: X50.00 Flood Control Zone Permit: (Per Ordinance No. 5819) Base permit fee $50.00 Utility System Development Fees: (Per Ordinance No. 5819 and amended by Resolution No. 3797 and Resolution No. 3953.) For all Utilities, a charge in lieu of assessment or payback charges may be applicable for the proportional share of the utility line being connected to. Water Utility ----------------- Ordinance No. 6125 October 3, 2007 Page 16 of 21 Connection fees are comprised of a Water Service Installation Permit Fee and the System Development Charge as follows: Meter Water Service Installation Permit Fee System Size Existing Water Service Water Service & Meter Box Installed b Cit *'` Development In Inches & Meter Box* Paved Street Un aved Street Char a SDC g/ or less $205.00 $2,100.00 $1,130.00 $2,424.00 1 $270.00 $2,300.00 $1,425.00 $4,048.00 1-1/2 $435.00 $3,100.00 $2,225.00 $8,072.00 2 $540.00 $3,370.00 $2,500.00 $12,920.00 3 Actual Cost Actual Cost Actual Cost $24,240.00 4 Actual Cost Actual Cost Actual Cost $40,408.00 6 Actual Cost Actual Cost Actual Cost $80,792.00 8 Actual Cost Actual Cost Actual Cost $129,280.00 10 Actual Cost Actual Cost Actual Cost $135,971.00 *Installation of a water meter done by the City and the service either already exists or has been installed by the developer. "*Installation of the entire water service is done by the City. Sanitary Sewer Utility Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee System Development Existing Sewer Stub New Service Line Re uired Charge (SDC)** Sin le Famil Parcel $85.00 $150.00 $850.00 Per Parcel Other Parcels $85.00 $150.00 $850.00 Per RCE" Side sewer repair on rivate ro ert $60.00 Side sewer repair in ri ht-of-wa $100.00 RCE, Residential Customer Equivalent - an RCE shall be as defined by the King County Department of Natural Resources. **Except that for multifamily residential units with separate water meters for each family unit, the sewer utility systems development charge will be calculated as one RCE per family unit. In addition to City sanitary sewer connection fees, there shall be a sanitary sewer connection fee imposed to pay Capital Improvement fees to King County per the King County Rate Schedule. ----------------- Ordinance No. 6125 October 3, 2007 Page 17 of 21 Storm Drainage Utility Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee System Development Charge (SDC) Single Family Residence & Duplexes (on Individual Parcels) $15.00 Per Parcel* $1,162.00 per Parcel Other Parcels $105.00 $1,162.00 per ESU** *More than one single-family residence or one duplexes per parcel will be charged at the Other Parcel rate. **ESU, Equivalent Service Unit - A configuration of development of impervious surfaces estimated to contribute an amount of runoff to the City's storm drainage system which is approximately equal to that created by the average single family residential parcel. One ESU is considered equal to 2,600 square feet of parcel coverage by impervious surfaces. When calculating the total SDC, a credit will be applied for the existing impervious area. Other Utility Fees: (Per Ordinance No. 5819 and 5944 and amended by Resolution No. 3953.) Fire service line permit $130.00 Fire Hydrant Permits: Fire Hydrant Permit and Inspection Fee $230.00 Hydrant Meter Monthly Rate $30.00 Hydrant Meter Weekly Rate $25.00 Hydrant Meter Wrench -Refundable Deposit $30.00 Deposit -Hydrant Meter with RPGA Wrench and Valve $1,400.00 Water Main extension purity test fee $175.00 ----------------- Ordinance No. 6125 October 3, 2007 Page 18 of 21 Water Meter test fee, 2" or less $210.00 Water Meter test fee greater than 2" At Actual Cost Storm Drainage Repair Permit Private Storm System located on Private Property $30.00 Storm System located in Public Right-of-Way/Easement $55.00 Payback Administrative Fees: (Per Ordinance No. 5954) Application Fee $ 500.00 Processing Fee $1,000.00 Area or Special Benefit Analysis $ 500.00 Transaction/Collection Fee $ 300.00 Outside Professional Services Time and Materials Construction Permits (Per Ordinance No. 5817) The fees for Construction Permits are as follows: Basic Fee (BF) _ $142.00 Hourly Inspection Rate (HIR) Normal Business Hours = $48.00 After Hours = $62.00 After hours work includes weeknights, weekends, and Holidays and will be at the After Hours HIR x the duration of the work. For Excavation Type Work: Length of Excavation (feet) 31 - 100 101 - 250 251 - 500 501 - 750 751 - 1000 Additional Fee (AF) $48.00 $143.00 $238.00 $332.00 $427.00 Permit Fee = BF + AF(for the appropriate length of excavation) If the excavation exceeds 10001inear feet the following will be used: Permit Fee = BF + $414.00 + (HIR x (Length of Excavation - 1000)/100) For Non-Excavation Type Work: ----------------- Ordinance No. 6125 October 3, 2007 Page 19 of 21 This work includes any work in the public right-of-way that is not covered by any other permits and includes such things as overhead utility work, geotechnical borings, horizontal directional drilling and vault installation. Permit Fee = BF + (HIR x Permit Duration in days) In Lieu of Fee: In lieu of the above standard rates, the city engineer or his/her designee may calculate the fee based upon current labor rates for administrative and inspection staff after developing an estimate of staff effort involved. For projects that are expected to involve significantly more than 1,000 feet of street excavation or when the scope or duration cannot be accurately estimated, the city engineer may establish a deposit account to manage permitee deposits in advance of permit issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will not be interest bearing and will be closed at the end of the permitted work when a final accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permitee. Special Permits (Per Ordinance No. 5817 and amended by Resolution No. 3953) Permit Type Base Fee Additional Per Linear Foot Fee Sidewalk $52.00 $1.03 per foot for each foot over 25 Linear Feet Residential Driveway $52.00 $1.55 per foot for each foot over 20 Linear Feet* Commercial Driveway $103.00 $2.05 per foot for each foot over 48 Linear Feet* *Driveway widths are based on the width of the driveway apron in the right-of- way. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of ----------------- Ordinance No. 6125 October 3, 2007 Page 20 of 21 the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this L~day of ~G~~~ , 2007. INTRODUCED: OCT j °5 2007 PASSED: OCT j 5 2007 APPROVED: OCT j 5 2007 r°°`~°-iTY~U BU RN ~. ~ ___ _.~ PETER B. LEWIS MAYOR ATTEST: Dan' E. Daskam, City Clerk APPROVED ALTO FORM: City Attorney Published: %~- r ~-,~~'~% ----------------- Ordinance No. 6125 October 3, 2007 Page 21 of 21