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HomeMy WebLinkAbout10-15-2007 ITEM VIII-A-1CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6125 October 2, 2007 Department: Attachments: Budget Impact: Public Works Ordinance No. 6125 $ 0 Administrative Recommendation: Council introduce and adopt Ordinance No. 6125. Background Summary: Ordinance No. 6125 modifies and adds language to ACC 12.60 related to Right -of -Way Use Permits. W1015-3 03.10.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ®Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: October 15, 2007 1 Item Number: VIII.A.1 AUBURN *MORE THAN YOU IMAGINED ORDINANCE 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 – lssuanG – Authority— RegwrementsPermit re wired. 12.60.015 Definitions. 12.60.020 Right-of-way use permit application process and fee. 12.60.025 Right-of-way use permit types. 12.60.030 Type A Street banner permits Whenallowed- Permit required. 12.60.040 Type B Short-term permit. €vatuataon/ determina-tier► standards 12.60.050 Type C Long-term permit. 12.60.060 Type D Hauling permit. 12.60.070 Right-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 lations for regulating 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 a right-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 by the City, unless such private use falls within the desianated exceptions set forth in this chapter. • r • = _ •. = _ Ifl = _ = r _ _C. _•._ L BATA=•,. •• �• . ••c;enduit, pipelines, parking, lands ith bus shelters,. PGliGy iMpliGationsrequire • • 5042 . 998 • • 4767 ♦ 1, 1995;• • 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 a right-of-way. 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 a right-of-way use permit. C. "Application" means, for the purposes of this chapter, the collection of papers necessary to initiate a right-of-way use permit request and shall include an application in the form approved by the city, and other submittals consistent with the purposes of this chapter. D. "Banner" means any pliable canvas, cloth, or synthetic sign material or holiday or 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 for 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 ioining — is willing to join — as an applicant, provided however, the +ala primary sponsor is still responsible for all right-of-way use permit paperwork, liability, and fees. G. "Private Use" means use of the public right-of-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 squares, triangles, and other rights-of-way open to the use of the public and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, landscape strips and sidewalks which have not been deeded dedicated or otherwise permanently appropriated to the City for public use. 1. "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 food, 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 vending 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 city engineer or designee, 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 regarding issuance, renewal denial or termination of any such permits shall be subiect 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 application; provided however, bona fide_ governmental agencies of the federal government or the state 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 required 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 application an• mav include a certificate indemnification and hold harmless agreement, traffic control Dian, •• p; flial 1 90", W11 1110 •- i • i - • M— safety, • • • aWiGafionfee of$25.00 L ww Z Z r •L L A a. . fAr 26 +• Z• .. a ,•,�+ • +Z L L• ZZ• . t of a written request absent any knGwn Feasons for deRial. Permits days er longeFhave nonrefundable • . .. R •L • Z L L - - Z• *- L. L - he pu • - • L L w• w Z � . • Z • - L • - - L . • •• L- L L L M. GO I LL1111111111 ALLM= : r• •• • •w .. • w - r - - Z • • r L �`•' L�•r' • au�i �..1+yrC.rS.:.y.�:....ar..x•...L.•i�rrrrLa- - - - � w.�`1����w1��.I 1\•w1Ll�7.y\'/ 7i 7YirIMF pFior to the SGheduled use. (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.) 12.60.025 Right-of-wav use permit tvaes. There are four types of right-of-way use permits. • Type 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. • Type B is a short-term permit for uses of less than 30 days as described in 12.60.040. • Type C is a long-term permit for uses of 30 days 5 years as described in 12.60.050. • Type D is used for hauling or moving loads on city right-of-way, as described in 12.60.060, and can be short-term less than 30 days, or 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. --VVhen allovved Permit req�++re� A. Other than where the city itself places a banner across a right-of-way, only organizations co -sponsoring community events or special events with the city maV be entitled to appIV for a right-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 race religion, color, gender, national origin, creed age, marital status veteran status, disability status, or any other basis prohibited by federal state or local law. events SPORsered by a RGRpFGfit eFganization may be installed at -a pFedesignated IGGation within the 200 blGGk of East Main Street for a permod not eX-Geeding two weeks in duration. B. Qualified applicants may display temporary banner signs. These signs shall not advertise or promote the sale of any product 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 a right-of-way use permit for a banner, the city shall give priority to community events. For 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 community event and another application, the community event shall take precedence. D. Banners shall conform to the city's standard detail for banners and shall be erected bo the city on city -approved support standards at a city -designated location. B. The GOmbined app"Gatien and permit fee feF street banners shall be $25.00 and 6s nonrefundable. The fee shall be paid at the firne the applir,ation is submitted. (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 stra-Wards. A. Type B is a short-term permit for uses of less than 30 days. ----------------- Ordinance No. 6125 October 3, 2007 Page 6 of 21 B. Type B permit uses include but are not limited to, right-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 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, gender, national origin creed, age, marital status, veteran status, disability status or any other basis prohibited by federal, state, or local law. - - lR--prepafat+en-e#-4he--staff-fecrmraaendat+era-to..-.#ie--pub,+o--w©r-ks GOMMittee the Gity engineer will consider as a minimum hewing or4eri,a: B. The legal ability of G. The GapaGity of the rights of way to aGGOMmodate the D. The Fe naG'ty of the rights Gther uses if the I se .- —anted. E. Any iRterferenGe with existing Gity fa6lities or utilities, F. Any iRtel ereRre with existing private fa6lities or ut*litie&-. C -Any -damage -8r d+sruptiOR, of - any, f-pubkG or-pri facilities; . H. The e c;t�� ny, on n„hlin health, safety, and welfare if the r — y ,—vr r—P a vn a—� rc ct r "1 c�'rTcx—vv ru'rc -� r—c r rc authorization is graRtead. 1-the-a-va44ability of alternate sites, f e -proposed use. j. VeFikatien that use with tl s With Disabilities AGt (ADA), K. SUGh other faGtOFs as may demORstFate that the grant to use the Fights of way will serve the GE)MMURity Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.) 12.60.050 Tvpe C Lona -term permit. A. Type C is a long-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, gender, national origin creed, age, marital status, veteran status, disability status or any other basis prohibited by federal, state or local law. 12.60.060 Tvve D Haulina aermit. A. The city requires any +"erhan-wk�ere-theme+a�-a person, company, corporation, enterprise or entity operating a vehicle over the state's legal load or size limit using -on the public #+g#way ,-madam streets and thoroughfares of th -GRyright-of-ways to obtain a permit for overweight or oversize hauling. The permit shall mitigate impacts to enter mats, -an agreemeRt persua-nt4e--a4ight-e#-way- p ASC or-�#hey-ec ate t pr -or-a. said rights -of -ways; inGluding-b_addressing public safety, environmental, traffic, noise, unusual wear and tear, or other impacts to the rights -of -ways.; B. The city--eng4vieer, with respect to pub4G-hig4ways; reads; streets and thoroughfares right-of-ways within the city's jurisdiction, may restrict or prohibit the operation thereon of trucks or any other vehicles, except the-operatjor--o# school buses, public transit and emergency vehicles, or may impose weight limits-as-to-wei", may -determine haul routes for local trips, orIp ace any other restrictions as may be deemed necessary, including whenever the city eRgineer determines that any pahiis--highway -road; street-c}r- tioreugh#areright-of__�way would be seriously damaged or destroyed by r-easoa--ef faie; &n-Gw, severe ---winter freeze; -ether -climatic conditions, deficient structural integrity, or any other conditions if unrestricted use is continued. In the event that -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-of-way, or significant impacts to public safety, the environment traffic, and noise and for all protects 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 public .._-..._highways.,........- roads; --_-streets....__.and........-thoroughfaresriig h tt-of-way May request a right-of-way use permit which identifies the specific restrictions, prohibitions, and conditions of use. of the Gity secures a right of way it, as mentioned above, the person, -orn-an perm I corporation, eRterpFi or entity shall Gornply with the Gond +ons and require eats-ef-su permit; prev{ded hewever #1�at-said-pe�sen -eor Pa+�y oorparatie -enterer-+se-or entity shall be required to obtain a right of way permit when of the city engineer the project, program, or activity fbr which the persop, company,corporation, enterprise -or enity is -using +R-velves -a--pre fest-In--the-s+ty-ef-Aabufn--th tear on the rights of way, or to publiG safety, the - ,and and r Gf-hauling-..,and--related-ir-pasts--w+th+n--the-city--,Yaddition to the potential conditions listed in `section 1 .60,02Q�EL_Ssaid permit may include conditions o -n --for mitigation rrm- 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. 8C.—The city engineer shall not, however, prohibit the use of any city street designated a part of the route of any primarVstate highway through any such incorporated city or town by vehicles or any 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 46.44.0801esignated-by--the State Highway Commission as forming the Part of the route of state highway through the city, by vehicles or any Glass of vehiGles, or {'yTTTTQSe-LlnT v restrictions or reductions i n-pp'T'ssib la weights unless restrictien; Ii+�i#t+en;-prohibit-$r-redtstian an perrr�+ss+ble-weight--is--f+rpt approved in writing by the State Highway Commission. (Ord. 5873 § 1, 2004; Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.010.) 12.60.070 Right-of-way use permit 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 applicant listed on the permit and cannot be transferred for another location or for another applicant unless first approved by the citL F. The city shall have the authority to restrict suspend or revoke a permit upon thirty 30 days? notice provided, 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 or safety hazard or constitute a public nuisance The grounds for restricting suspending, or revoking a right-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 any of the provisions of this chapter or 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 the permit 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 right-of-way is in violation of or any right-of-way is being used contrary to any provision of this code or procedures adopted hereunder or other applicable codes or standards, or without a right-of-way use permit the city may order the correction or discontinuance of such condition or any activity causing such condition. B. The city is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this code. C. The city shall also have all powers and remedies which may be available under state law, this code, and procedures adopted ----------------- Ordinance No. 6125 October 3, 2007 Page 10 of 21 hereunder for securinq the correction or discontinuance of any condition specified in this section. D. The city is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the citV determines appropriate: 1. Servinq of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition; 2. Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within 10 days of notice, or such other reasonable period as the city may determine; I In the event the permittee fails to correct or discontinue the condition or activity within the specified period of time after receivin notice, the city shall have the authority 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 property is owned by the permittee. The lien so created shall be subject to foreclosure pursuant to the foreclosure laws of the state. 4. Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with 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 permit is declared a nuisance. The city may attach a notice to any such obiect stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the object or 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 public safety, it may be removed summarily by the city. Notice of such removal shall be thereafter given 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 jointly and severally by such persons who have been given notice or who own the object or placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debti 8. The city shall also have all powers and remedies which may 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. 4903.) 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 sf7GFA 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 spaced 0.28 $914.65 Commercial - Office 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: I 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(per s Industrial Impact Fee Per Unit Of Credit) At Per Light Industry/Manufacturing 110,130, 140 sf/GFA 0.06 $ 0.10 Heavy Industry 120 sf/GFA 0.04 $ 0.08 Commercial -Retail 383.09 76.62 306.47 per dwelling unit Non -Residential Shopping Center 820 sf/GLA 0.01 $ 0.01 Supermarket 850 sf/GFA 0.33 $ 0.60 Free -Standing Discount Store 813, 815, 861, 863, 864 sf/GFA 0.10 $ 0.18 Home Improvement Superstore 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 F $ 1.13 Fast Food Restaurant 934 sf/GFA 2.87 1 $ 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 land 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) ----------------- Ordinance No. 6125 October 3, 2007 Page 14 of 21 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 0.14 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. 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 Pig ht -of -Way.- Perit {-Per Or iin ce Nca - 819} V r ii __ __ $25.50 Riii--r f Way Use Permit Fees: (Per Ordinance No. 5125) T oe C -- Lonq term: $100 for the 1't year f $30 for each additional year t.Nvr)e D -- Fla iir $100 + estimated staff time _ 50 per hpGj�j MEMM WIMP 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 In Inches Existing Water Service & Meter Box* Water Service & Meter Box Installed by City** Paved Street Unpaved Street Development Charge SDC 1/4 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 Charge (SDC)** Existing Sewer Stub New Service Line Required Single Family Parcel $85.00 $150.00 $850.00 Per Parcel Other Parcels $85.00 $150.00 $850.00 Per RCE* Side sewer repair on private property $60.00 Side sewer repair in right-of-way $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* 51,162.00 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 1000 linear 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 day of ATTEST: Danielle E. Daskam, City Clerk APPROYED AATO FORM: Dz ielB. Heid, City Attorney Published: ----------------- Ordinance No. 6125 October 3, 2007 Page 21 of 21 INTRODUCED: PASSED: r_Iu91z417j:a � .2007. CITY OF AUBURN PETER B. LEWIS MAYOR