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ORDINANCE NO. 3 6 3 5
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR REASONABLE PUBLIC
IMPROVEMENTS DIRECTLY ASSOCIATED WITH CONSTRUCTION WITHIN THE CITY
OF AUBURN: AND REPEALING ORDINANCE 12.12.130 THROUGH 12.12.240
OF THE CITY OF AUBURN.
WHEREAS, the Auburn City Council finds that it is in the best interests of
the community to provide for paved streets, sidewalks, street lighting, and storm
drainage, and
WHEREAS, paved streets and street lighting are required to promote safe and
efficient traffic circulation and
WHEREAS, paved sidewalks are required to provide for safe pedestrian cir-
culation, and
WHEREAS, storm drainage is required to minimize damage in developed and
developing areas to property from storm water runoff, and
WHEREAS, the Auburn City Council specifically finds that the provision of
these facilities is necessary for the public health, safety, and welfare and
WHEREAS, certain areas of the City of Auburn are inadequately served by
paved roadways, street lighting systems, sidewalks and walkways, concrete curbs,
and gutters, storm drainage systems and other public improvements; and
WHEREAS, those individuals constructing buildings within the City of Auburn
should be responsible for the reasonable provision of public improvements made
necessary by their construction; and
WHEREAS, the No Protest LID Agreement is the preferred process to use to in-
sure timely and coordinated public improvements, NOW THEREFORE THE CITY COUNCIL
OF THE CITY OF AUBURN DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose of this Ordinance is to establish:
.
(A)' Authority of the City to require a building Permit applicant to
make reasonable public improvements, primarily through a No Protest
LID Agreement process.
(B) Procedures that will be used to provide for public improvements
by•building permit applicants.
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(C) Criteria that will be used to determine the nature, extent
and location of the required public improvements.
Section 2. Scope. This Ordinance applies to each applicant for a building
permit except the following:
(A) An applicant for a permit for a building on a lot legally sub-
divided, pursuant to Auburn City Code Chapters 17.04 through
17.36, after the effective date of this Ordinance.
(B) An applicant for a permit to make an addition, alteratioh j or
repairs of less than twenty thousand dollars ($20,000) in value
to any structure.
(C) An applicant for a permit to make wholly interior improvements
within an existing•structure.
Section 3. General" Based solely on the criteria of Section 5 of this
Ordinance, the City of Auburn may require each applicant for a building permit
f ?
(the property for which a building permit is sought shall hereafter be referred
to as "subject property") not otherwise exempted by this Ordinance to install
or otherwise provide for the following public improvements within the public
right-of-way:
(A) Paved roadway
(B) Street lighting systems to provide illumination of not more
than 2 foot candles at the nearest edge of the paved roadway.
(C) Sidewalks on the same side of the street as the subject property.
(D) Concrete curbs and gutters.
(E) Storm Drainage Systems.
Section 4. Procedure.
(A) General. After consultation with representatives of the departments
listed in Paragraph (B) of this Section, the Director of Public
Works or his designate (hereafter, the "Director") shall tentatively
determine:
1. The nature, extent and location of the public improvements
that are to be provided.
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The Director shall discuss the tentative determination with the ap-
plicant in relation to the criteria of Section 5 of this Ordinance.
After any necessary modification, the Director shall inform the ap-
plicant of the final determination.
(B) Interdepartmental Review. Before making the final determination
required by Paragraph (A) of this section, the Director shall consult
with and may incorporate or modify the recommendations of representatives
from the following departments of the City:
1. The Police Department
2. The Fire Department
3. The Planning Department
4. The Department of Parks and Recreation
These representatives shall use only the criteria of Section 5 of this
Ordinance to formulate their recommendations.
Section 5. Criteria. The Director shall use only the following criteria in
making the determinations required by Section 4 of this Ordinance.
(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 Ordinance 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
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c) The subject property is located close proximity to an activity
center, defined as a park, school, commercial center, large em-
ployment center, large multifamily development, or any other
public or private development where people or activities are
concentrated; and that the required improvements will enhance
access to this activity center; and that it is in the best in-
terests of the residents of the City of Auburn to enhance ac-
cess to this activity center;or
d) Physical characteristics of the subject property, including but
not limited to topography,,slope, soil type, drainage pattern,
or vegetation, necessitate the installation of public improvements;
or
e) The public improvements are necessary to maintain water quality;
or
f). For any other reason, the public improvements are necessistated
by a compelling public interest. If the Director requires the
provision of public improvements under this subsection (1) (f),
the Director shall make written findings and conclusions spec-
ifying the improvements and the manner in which these improve-
ments will fulfill this public interest.
2. The Director shall require any public improvement pursuant to this
Ordinance 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 of Auburn.
Section 6. Deferral of Public Improvements. The determination of the Director shall
be final unless a request, by the applicant, to defer installation of the public im-
provements required by the Director under this Ordinance is made to the Street Com-
mittee of the City Council within fourteen (14) days after the Directors determination.
Said request shall be in writing to the Street Committee of the City Council and filed
with the Public Works Department; and
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Said request must be considered by the Street Committee prior to the time the
building permit is issued. If the Street 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 Street Committee
may defer installation of public improvements required by the Director under
this Ordinance. For those deferred improvements, the Street Committee shall
require the applicant (i) to sign an agreement not to protest the formation of
or assessments under a future local improvement district (LID), and/or (ii) to
execute and record a convenant document that insures the partipation of the
subjects property's owner in any local improvement district (LID) formed for
the construction of such improvements.
Section 7. Appeal. The decision of the Street 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 Street Committee.
Section 8. Permit Requirements When Improvements Required.
(A) The Applicant.shall file with the Engineering Department drawings
showing the location and plan of the public improvement to be con-
1 structed to a scale and plan size as directed by the Engineering
Department. If appropriate to the nature of the improvement the
i
plan shall constist 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 con-
struction to be done under the permit and the length of time al-
lowed 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 of Auburn, by the owner of the subject
property or its legal agents, prior to commencement of construction.
(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.
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Section 9. Permit Charges. 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 Ordinance, and miscellaneous administration
cost. The fee shall be actual labor costs as detailed on the permit.
(A) Engineering fees: The fees shall be paid monthly (or as invoiced)
as the work progresses. All engineering, administration, and in-
spection fees shall be paid before final acceptance of the work
by the City.
Section 10. Barricades. The person, firm or corporation constructing the public
improvements pursuant to.the;terms•of this Ordinance 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 constructed a good and substantial
barrier, and shall cause to be maintained during every night from sunset to sunrise
around said obstruction sufficient warning lights or flares, including any requested
by the City Engineer. In the event the person, firm or corporation constructing the
public improvements is not immediately available, the Director may install, at
the applicant's expense, additional barricades, lights, and/or safety devices to
protect the public.
Section 11. Guaranty by Contractor. Any public improvement constructed pursuant
to this Ordinance shall, when appropriate to the nature of the improvement,
be backfilled, tamped, and settled in such manner that the improvement and
any abutting street section shall not become undermined, and should the im-
provement settle within one (1) year, it shall be repaired at the expense
of the applicant.
(A) Maintenance bond with the amount to be posted for a period of one
(1) year from the date of acceptance of the public improvements, as
a guaranty against defective material or workmanship in the public
improvements, required by this Ordinance.
Section 12. 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,
r
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they must be replaced under the supervision of the City Engineer at the applicant's
or his agent's expense.
Section 13. Property Lines and Easements. It shall be the applicant's respon-
sibility to confine his construction activities within the street right-of-way
lines and limits of easements described on
from trespassing beyond these limits shall
applicant.
Section 14. Acceptance by City. No public
to the terms of this Ordinance will be acc
that the work has been performed according
Section 15
Enforcement.
the permit. Any damage resulting
be the sole responsibility of the
improvement constructed pursuant
epted until the Director is satisified
to the requirements of this Ordinance.
(A) General. No Protest LID Agreements, convenants required pursuant
to Section 6 of this Ordinance, or installation of public im-
provements required by the Director under this Ordinance shall
be listed as a condition of and shall become part of the approved
building permit.
(B) Procedure. The provisions required by the Director under sub-
section (A) of this Section shall be enforced as part of the
approved building permit.
Section±16. Repealer. Auburn City Code 12.12 Sections 130 through 240 are
hereby repealed as of tho effective date of this Ordinance.
Section 17. Severability. If,any section, subsection, sentence, clause, phrase,
part or portion of theOrdinance is for any reason held to be invalid or un-
constitutional by any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance.
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Section 18. Effective Date. This Ordinance shall take effect and be in
be in force five (5) days from and after its passage, approval and pub-
lication as provided by law.
INTRODUCED: SEPTEMBER 8, 1981
PASSED: SEPTEMBER 8, 1981
ATTEST:
?i?V U.?.? ?• ?L
City Clerk
AS TO FROM:
City Attorney
PUBLISHED:` SEPTEMBER 18, 1981
APPROVED: SEPTEMBER 8, 1981
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STATE OF WASHINGTON)
COUNTY OF KING )
ss.
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full, true and correct copy of ordinance No. 3635 of the
ordinances of the City of Auburn, entitled "AN ORDINANCES CITY OF AUBURN,
WASHINGTON, PROVIDING FOR REASONABLE PUBLIC DPIPROVR= DIRECTLY ASSOCIATED
WITH CONSTRUCTION WITHIN THE CITY OF AUBURN: AND REPEALING ORDINANCE 12.12.130
THROUGH 12.12.240 OF THE CITY OF AUBURN.
I certify that said Ordinance No. 3635 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the _Bth._day of
.
September A.D., 1981
I further certify that said ordinance No. 3635 was published as provided
by law in the Daily Globe News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 18th day of September
A.D., 19 81 .
WITNESS my hand and the offical seal of the City of Auburn, this 18th
day of Sept-embp-r , A.D., 1981
c P CITY CLERK OF THE C TY OF AUBURN