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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
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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
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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
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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
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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
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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
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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
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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
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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
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