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HomeMy WebLinkAbout48991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 8 9 9 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CODIFIED CITY ORDINANCE CHAPTER 12.64 RELATING TO REQUIRED PUBLIC IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Chapter 12.64, entitled Required Public Improvements of the Auburn City Code, be amended as follows: Chapter 12.64 REQUIRED PUBLIC IMPROVEMENTS Sections: 12.64.010 12.64.020 12.64.030 12.64.040 12.64 050 12.64 060 12.64 070 12.64 080 12.64 090 12.64 100 12.64 110 12.64 120 12.64 130 12.64 140 12.64 150 Purpose. Scope. Right-of-way. Determination. Criteria. Deferral. Appeal. Permit - Required. Permit - Charges. Barricades. Guarantee by contractor. Preservation of monuments. Property lines and easements. Acceptance by city. Enforcement. Ordinance No. 4899 September 10, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 12.64.010 Purpose. The purpose of this chapter is to: A. Establish the city's authority to require a building permit applicant to make either reasonable public street improvements or deferral of said improvements through a no- protest LID agreement process; B. Establish procedures to be used to provide for public improvements by building permit applicants; C. Established criteria to be used to determine the nature, extent and location of required public improvements; D. Promote the development of the city's transportation infrastructure in conformance with the comprehensive plan and in accordance with the city's design standards, in such manner to avoid public harm or creation of nuisance situations. 12.64.020 Scope. This chapter applies to each applicant for a building permit except the following: A. An applicant for a building permit to make an addition, alteration or repairs of less than 50 percent of the assessed valuation of such structure; B. An applicant for a permit to make wholly interior improvements within an existing structure. 12.64.030 Right-of-way. Based solely on the criteria of ACC 12.64.050, the city may require each applicant for a building permit (the property for which a building permit is sought shall hereafter be referred to as "subject property") not otherwise exempted by Ordinance No. 4899 Septenfoer 10, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 this chapter to install or otherwise provide for the following public improvements within the public right-of-way: A. Paved roadway; B. Street lighting systems more than two footcandles at the nearest roadway; C. Sidewalks on the same side of subject property; D. Concrete curbs and gutters; E. Storm drainage systems. to provide illumination of not edge of the paved the street as the 12.64.040 Determination. ao departments director of "director") location of 2. determination with the applicant of ACC 12.64.050. After any director shall inform the determination. B. Interdepartmental Review. General. After consultation with representatives of the listed in subsection B of this section, the public works or his designate (hereafter, the shall tentatively determine the nature, extent and the public improvements that are to be provided. The director shall discuss the tentative in relation to the criteria necessary modification, the applicant of the final 1. Before making the subsection A of this section, and may incorporate or modify the recommendations representatives from the following departments of the city: a. The police department; b. The fire department; c. The planning department; d. The department of parks and recreation. 2. These representatives shall use only the criteria of ACC 12.64.050 to formulate their recommendations. final determination required by the director shall consult with of 12.64.050 Criteria. Ordinance No. 4899 September 10, 1996 Page 3 ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The director shall use only the followin9 criteria in makin9 the determinations required by ACC 12.64.040: A. If the city council through an approved plan or policy has, by ordinance or resolution, established the nature, extent and location of public improvements to be provided in the immediate vicinity of the subject property in question, the director shall require public improvements under this chapter consistent with the nature, extent and location thereof as established by the city council. B. If the city council has not so established the nature, extent and location of public improvements in the vicinity of the subject property in question: 1. The director shall require the appropriate public improvements, if the director finds that: a. Similar public improvements already exist or are scheduled in the immediate vicinity of the subject property; or b. The proposed use of the subject property necessitates the installation of the public improvements; or c. The subject property is located in close proximity to an activity center, defined as a park, school, commercial center, large employment center, large multifamily development, or any other public or private development where people or activities are concentrated; that the required improvements will enhance access to this activity center; and that it is in the best interests of the residents of the city to enhance access to this activity center; or d. Physical characteristics of the subject property, includin9 but not limited to topography, slope, soil type, drainage pattern, or vegetation, necessitate the installation of public improvements; or eo The public improvements are necessary to maintain water quality; or f. For any other reason, the public improvements are necessitated by a compellin9 public interest to include avoidance of public nuisance or harm. If the director requires the provision of public improvements under this subparagraph f, the director shall make written findings Ordinance NO. 4899 September 10, 1996 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 and conclusions specifying the improvements and the manner in which these improvements will fulfill this public interest. 2. The director shall require any public improvement pursuant to this chapter to be in accordance with the latest provisions of the American Public Works Association Standard Specifications for Public Works Construction, as revised by the city. 12.64.060 Deferral. A. In the instance of non-single family lots, t ((~))he determination of the director as specified in Section ~ shall be final unless a request by the applicant to defer installation of the public improvements required by the director under this chapter is made to the public works committee of the city council within 14 days after the director's determination. The request shall be in writing to the public works committee of the city council and filed with the public works department. In the instance of individual single family lots. ~((~))he determination of the director to construct and/or defer the public improvements shall be final unless ((e rcqucst by)) the applicant appeals the Director's decision ........................... ~ ..... made to the public works committee of the city council within 14 days after the director's determination. The request shall be in writing to the public works committee of the city council and filed with the public works department. B. The request must be considered by the public works committee prior to the time the building permit is issued. If the public works committee deems that such public improvement installation, as determined by the director, will be economically or physically unfeasible in the time construction takes place, the public works committee may defer installation of public improvements required by the director under this Ordinance No. 4899 September 10, 1996 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 chapter. For those deferred improvements, (( ccmmittac ~kall rc~uire)) the applicant shall be re_cuired: 1. To sign an agreement not to protest the formation of a future local improvement district (LID); and/or 2. To execute and record a covenant document that insures the participation of the subject property owner in any local improvement district (LID) formed for the construction of such improvements. The applicant, under state law, has the right to protest assessments at the time of the final assessment roll public hearing if unacceptable. 12.64.070 Appeal. The decision of the ((strcct)) ~ committee of the city council may be appealed to the city council by the applicant and the city council shall, by majority vote, confirm, reverse or modify the decision of the ((strcet)) ~ committee. 12.64.080 Permit - Required. A. The applicant shall file with the engineering department drawings showing the location and plan of the public improvement to be constructed to a scale and plan size as directed by the engineering department. If appropriate to the nature of the improvement, the plan shall consist of cross-section together with a plan and profile designed by a licensed civil engineer. B. The permit shall specify the place where the improvement is to be constructed, together with a description of the proposed construction to be done under the permit and the length of time allowed for the completion thereof. C. A performance bond, with the amount to be determined by the director for the total cost of construction of the required public improvements, shall be posted with the city by the owner of the subject property or its legal agents, prior to commencement of construction. Ordinance NO. 4899 September 10, 1996 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 D. An insurance policy acceptable to the city attorney and naming the city as an additional insured shall be submitted and be on file with the city. 12.64.090 Permit - Charges. A. The permit fee shall include the actual labor cost to the city for making the necessary surveys and for the inspection of all public improvements required pursuant to this chapter, and miscellaneous administration costs. The fee shall be actual labor costs as detailed on the permit. B. Engineering Fees. The fees shall be paid monthly (or as invoiced) as the work progresses. All engineering, administration, and inspection fees shall be paid before final acceptance of the work by the city. 12.64.100 Barricades. The person, firm or corporation constructing the public improvements pursuant to the terms of this chapter shall erect, and so long as the conditions exist and any danger may continue, maintain along the property upon which the public improvements are to be barrier, and shall cause from sunset to sunrise warning lights or flares, engineer. In the event constructing the public available, the director expense, additional barricades, to protect the public. constructed a good and to be maintained during around the obstruction including any the person, improvements may install, lights, substantial every night sufficient requested by the city firm or corporation is not immediately at the applicant's and/or safety devices 12.64.110 Guarantee by contractor. A. Any public improvement constructed pursuant to this chapter shall, when appropriate to the nature of the improvement, be backfilled, tamped, and settled in such manner Ordinance No. 4899 September 10, 1996 Page 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 that the improvement and any abuttin9 street section shall not become undermined, and should the improvement settle within one year, it shall be repaired at the expense of the applicant. B. A maintenance bond, the amount to be posted for a period of one year from the date of acceptance of the public improvements as 9uarantee against defective material or workmanship in the public improvements, is required by this chapter. 12.64.120 Preservation of monuments. The applicant shall not disturb any survey monuments or hubs found within the boundaries of the public improvement to be constructed unless authorized to do so by the city engineer. In the event that such monuments or hubs are to be removed because of construction, they must be replaced under the supervision of the city engineer at the applicant's or his agent's expense. 12.64.130 Property lines and easements. It shall be the applicant's responsibility to confine his construction activities within the street right-of-way lines and limits of easements described on the permit. Any damage resultin9 from trespassin9 beyond these limits shall be the sole responsibility of the applicant. 12.64.140 Acceptance by city. No public improvement constructed pursuant to the terms of this chapter will be accepted until the director is satisfied that the work has been performed accordin9 to the requirements of this chapter. 12.64.150 Enforcement. A. General. No protest LID agreements, covenants required pursuant to ACC 12.64.060, or installation of public improvements required by the director under this chapter shall be listed as a condition of and shall become part of the approved buildin~ permit. Ordinance NO. 4899 September 10, 1996 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. Procedure. The provisions required by the director under subsection A of this section shall be enforced as part of the approved building permit. ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. force five days from and after publication as provided by law. INTRODUCED: PASSED: APPROVED: This Ordinance shall take effect and be in its passage, approval and CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 4899 September 10, 1996 Page 9