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HomeMy WebLinkAbout3635 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. ----------------------- Ordinance No. 3635 Page One 9-1-81 (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. ----------------------- Ordinance No. 3635 Page Two 9.-1-81 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 --------------------- Ordinance No. 3635 Page Three 91 1;-81 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 ----------------------- Ordinance No. 3635 Page Four 9-1-81 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. -------------------------- Ordinance No.3635 Page Five 9-1-81 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 -------------------------- Ordinance No. 3635 Page Six 9-1-81 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. ------------------ Ordinance No. 3635 Page Seven 9-1-81 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 ----------------------- Ordinance No. 3635 Page Eight and Last 9-1-81 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