HomeMy WebLinkAbout3713Ordinance Nt
(Amending or Repealing Ordinances)
CFN=131-Zoning Codes
CFN=205-Uniform Fire Codes
CFN=110-Water/Sewer/Garbage Rates & Policies
CFN=1038-Public Works
Passed 9/21/04
Permit and Inspection Fees
(Amends Sec. 6.03.010;6.03.040;6.06.050;6.06.060;6.06.070;6.07.010
6.07.010;6.07.170;7.04.100; Repeals 7.04.240)
Amends Ord. 2202;2374;2897;3085;3471;3490;3517;3534
Amended by Ord. 3819 (Secs. 6.06.050;6.07.170)
Amended by Ord. 4019 (secs. 6.03.010;6.06.040;6.06.050;6.06.060;
6.07.170;7.04.100)
ORDINANCE NO..37 1.3
AN ORDINANCE of the City Council of the City
of Kent, Washington, (1) amending permit and inspection
fees relating to public works improvements; street and curb
cut permit, inspection, and permit renewal fees; street use
permit and inspection fees; sanitary sewer permit fees; (2)
making other housekeeping revisions to street and curb cut
requirements and street use permits; and (3) repealing the
inspection fee provision for sanitary sewer permits.
RECITALS
A. It is necessary to amend various permit fees related to public works
department building and development permits in order to provide enough additional
revenue to fund the hiring of new permanent staff for the permit process. Because the
ongoing level of permit activity has dramatically increased at a consistent level during
the past six (6) months, the City is hiring these employees to assist with timely issuance
of pending and new building permits.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION]. —Amendment Section 6.03.010 of the Kent City Code relating to
public works improvement plan approval and inspection fees is amended as follows:
Permit and Inspection Fees
Sec. 6.03.010. Fees designated.
A. The City's public works department is responsible for the, plafming planning,
design construction maintenance and overation of a complex network of rihg t=of-
ways and public easements including the vlacement of private utility facilities such as
gas electricaltelephone fiber optic and other lines and conduits. TAs a result, the
public works department shall--beis responsible for the plan review, plan approval,
inspection, and acceptance of all construction within any public easement or right-of-
way and all public works improvements, such as streets, sidewalks and walkways,
street lighting systems, storm drainage systems (public and private), and public and
private utilities;. The public works department employ twenty-three 23) full-time
equivalent employees to accomplish plan review, plan consultation, plan inspection,
and onsite inspection of these third-party public works improvements. Accordingly,
ach developer// plicant must pay a 121an review
and inspection fee in the amount o£ The ehar-ge sW be --:., (6) eight 8 percent of the
estimated construction cost of the saidyroposed public works improvements. This fee
will typically cover approximately one-half Wi&4hiF& GA 1/2) the total cost for this
City staff time to review and inspect each individual application.;
B. In lieu of paving this eight (8) percent fee, the developer/applicant will have a
one-time only option to pay the City's actual costs for these services based on the
current average hourly rate of eighty five dollars ($85.00) ver hour. This option can
only be exercised at the time the fee is first imposed. If this option is selected, the
developer/applicant must pay for all time incurred by City staff for Plan review, elan
consultation, plan inspection, and onsite inspection of the public works improvements
to be constructed at the hourly rate established above, even if the final total amount
exceeds the eight (8) percent fee.
C. hewever-,-iln consideration of the mutual benefits received when another
agency of the state (including, without limitation, counties, other cities, or special
purpose districts) seeks to construct public improvements not intended for conveyance
to the City but that will provide a regional benefit, the public works department
2 Permit and Inspection Fees
by •wiAe,. agr-eefae.,t Fe a ewill limit this fee to that portion of the work which affects
City's interests, concerns, and improvements within and abutting the Ci 's right -of -
D.
D. In all cases, the minimum fee shall be no less than five hundred dollars ($500).
The developer/applicant will be required to submit separate cost estimates for each
item e€ public works improvement item. These will be checked by the public works
department for accuracy. A,te....,a4iyel.. the .ieyelepe. may, at its Opt:e., hire
„tsi e e „lte«t t., a n duet planee for- the e t y, s ubjeet to the e:ty's prior- ...:tae«
F the ltan4 the developer- hi ts,.l t„«
a}epiev�al-er-�.o-seleEted�stt�—l€��relepe��e�=.--�e-sons�rl�t-for-
plan review-, tl,e F l,eill b.l, e,i fie (6) .,t to 99u« (4)
establishede . e ee
per-e
e«a Memes derived fi...t, the above .,1,......e., shell be deposited to the g ...,1 '-
of tete eity-.--A nonrefundable deposit of fifty (50) percent of the total fee is due and
payable prior to starting the review with balance due and payable prior to the approval
of the construction plans.
E. Where the developer/applicant has opted to pay the City's actual costs based on
the above -stated hourly rate, a nonrefundable deposit of fifty (50) percent of the
estimated total cost as prepared by the public works department is due and payable
before beginning review: the balance of this estimate is due and payable before the
City approves construction plans. If the actual costs incurred are less than the monies
deposited, the City shall reimburse the difference upon the developer/applicant's
completion of the construction of the approved public works improvements Any
incidental interest earned on monies deposited with the City shall become the City's
sole property. If the City's actual cost exceeds the amount deposited by the
developer/applicant, the City shall bill the developer/applicant for the amount due and
the developer/applicant shall pay that amount within 30 days of the date billed Any
amounts unpaid after the 30 -day due date shall be charged interest at a rate of twelve
(12) percent per annum, and the City may use any rights or remedies available under
the law to collect or seek reimbursement of the amounts due In any event the
developer/applicant must pay all amounts due before staff will present the public
Permit and Inspection Fees
works improvements to the City Council for acceptance or before issuing a Certificate
of Occupancy for a development associated with these public works improvements.
-AF. Two (2) re -reviews of the construction plans are included when the
developer/applicant pays i}rthe eight (8) percent fee described above, above noted
fee -.but additional re -reviews,. h-arewhether attributed to the developer's
action or inaction, shall be charged at a rate of €i€-e�hty-five dollars ($508500) per
hour.
SECTION 2. —Amendment Section 6.06.040 of the Kent City Code relating to
permit requirements for street and curb cuts fees is amended as follows:
Sec. 6.06.040. Permit requirements.
A. Prior to issuance of any right-of-way permit for cutting any portion of City
right-of-way, whether improved or not, e ,*Meet e- e•,..1, e , the location first shall be
inspected and approved by a department of public works inspeatienofficial.
BE. The issuance or granting of a permit or approval of plans and specifications
shall not be construed to be a permit for or approval of any violation of the provisions
of this chapter or any other ordinance or appropriate rule or regulation of the City.
CD. Every permit issued by the department of public works under the provisions of
this chapter shall expire ninety (90) days after issuance of the permit unless work has
commenced or unless the permit has been extended under- KCG 6-06.O50(G). in fte
ease shall ,moves take !eager- .. dw fifteen (15) days t.. plete a e,7 ft tl,-
�______ __ r__�___ _T__ __moo__ __�_ ._._____ �_._� _.y., ...-..�t..�.,, ,.,, ...�».,....�.....,......�
date of the stfeet eut to date of eempletien.
4 Permit and Inspection Fees
E. The director of public works, or designate, may in writing suspend or revoke a
permit issued under the provisions of this chapter whenever the permit was issued in
error or on the basis of incorrect information supplied or in violation of any other
ordinance or regulation of the City.
SECTION 3. —Amendment. Section 6.06.050 of the Kent City Code relating to
street and curb cut permit, inspection, and permit renewal fees is amended as follows:
Sec. 6.06.050. Permit and inspection fees and permit renewal.
A. The basic fee for a permit to cut a street, curb, sidewalk, or my portion of City
right-of-way, whether or not improved, shall be twen4y &v-ethree hundred dollars
($225300), for aeh eut. The fee fo ..e..,.,:+ to e»+ a etub shall be twenty five e d.,ll
($25) for- eeeh e„+ The fee f « e e..,-,:+ F a utility e*tensiea that Funs pam11 1 to 1,
+meet shall be 49t4., dell,, .s ($30) f _ e.,eh e,.+ This basic fee shall apply to all utility
work within public right-of-way that involves cutting the public right-of-way. Utility
work emteifsiens shall include, but not be limited to work performed in association with
gas, telephone, electric power, cable TV, water, storTnwater, and sewer, and
underground facilities.
B. An additional time charge will be made where total review and inspection time
exceeds enesix (16) hours. Such extra charge will be invoiced to the applicant
seettaste -separately at the rate of twenAyffty dollars ($2-050) per hour, which is less
than the average actual hourly cost for City staff employed to process these permits.
PC. Wherever work for which a permit is required by this chapter is commenced or
performed prior to obtaining such permit, the basic permit fee shall be doubled, but the
payment for such double fee shall not relieve any person from full compliance with all
5 Permit and Inspection Fees
of the requirements of this chapter in the execution of the work, nor from any other
penalties which may be provided for in this chapter, including criminal penalties.
SECTION 4. —Amendment Section 6.06.060 of the Kent City Code relating to
specifications and special requirements for street and curb cuts is amended as follows:
Sec. 6.06.060. Specifications and special requirements.
A. Specifications All curb and street cuts shall be repaired to conform to the
requirements of Standard Specifications for Road, Bridge and Municipal Construction,
4881atest Sedition, prepared by the Washington State Department of Transportation
and the American Public Works Association. Copies of such publication or any
additions or amendments thereto are on file with the City clerk and available to the
general public.
B. Permittee's performance responsibility. In addition to all other requirements
specified by this chapter or the Standard Specifications for Road, Bridge and Municipal
Construction, adopted in subsection (A) of this section, the permittee shall be
responsible for restoration of the street, or curb, and all disturbed public right-of-way
area to its original or better condition including any required overlays as approved by
the director of public works. The permittee shall finish -patch the street or curb cut
immediately upon completion of the project. The permittee shall be responsible for
defects or failure of the street or curb cut area for a period of one (1) year following
finish inspection.
C. Curb cut locations. The location of each curb cut must be approved by the
department of public works. The City reserves the right to deny any request to cut any
curb.
D. Special conditions. At the discretion of the director of public works or
designate, one (1) or more of the following requirements may be specified when
conditions require their use. Wherever such special conditions are required, they shall
be set forth on the permit at the time of issuance or as an amendment to the permit in
6 Permit and Inspection Fees
those instances where conditions requiring their use become known after the permit has
beenissued:
1. Curb cuts within the right-of-way shall be made only in
areas and by -e- methods approved by the public works director, or his or her designee.
,.;ty a ee !'..t.. ..hall be made ..1y in areas appr-eved b the City engi fieer. All
improved or unimproved areas within the right-of-way shall be restored to an equal or
better condition;
2. Excavated material shall be completely removed from the street surface;
3. Signs, cones, barricades, and all other traffic control devices to protect
and control pedestrian and vehicular traffic in the construction area shall be used as
prescribed by the traffic engineer, and in accordance with the Manual on Uniform
Traffic Control Devices for Streets and Highways as amended, and shall be at the
expense of the permittee;
4. One (1) or more traffic lanes shall be kept open at all times. Moving
traffic shall be properly controlled by uniformed flagmen, if specified. Hours of
operation during construction and restoration shall be as specified on the permit;
5. Ingress and egress for vehicles and personnel to abutting property shall
be maintained at all times;
6. Backfill and replacement of pavement or oiling of surface shall be done
to the satisfaction of the public works directo -City engineer. Unless otherwise
specified by the public works directoTQ#3�-engineer, backfill material shall conform to
Standard Specifications for Road, Bridge and Municipal Construction, adopted in
subsection (A) of this section;
7. Piling of a surety indemnity bond approved by the department of public
works to protect the City and approved public liability insurance naming the City as an
additional insured in the amount specified on the face of the permit,
7 Permit and Inspection Fees
8. A cash deposit in the amount as specified on the face of the permit not to
exceed one thousand dollars ($1,000) to be made to the City;
9. Open cuts within the paved area will not be permitted;
10. The construction inspector shall require that a temporary patch be made
for thirty (30) days, and thereafter, a permanent patch will be placed by the permittee
within five (5) days.
SECTION 5. — Amendment Section 6.06.070 of the Kent City Code relating to
enforcement and penalties for street and curb cuts is amended as follows:
Sec. 6.06.070. Enforcement and penalties.
A. Enforcement authority The public works director, or his or her designee,
is authorized and directed to aet as the delegate 4 the difea , ^£
public works to enforce all provisions of this chapter.
B. Penalties It is unlawful for any person, firm, or corporation to cut a street or
curb, or cause the same to be done, in violation of any of the provisions of this chapter.
Any person, firm, or corporation violating any of the provisions of this chapter, upon
conviction, shall be guilty of a misdemeanor. Each such person shall be guilty of a
separate offense for each and every day or portion thereof during which any violation
of any of the provisions of this chapter is committed, continued or permitted
SECTION 6. —Amendment Section 6.07.010 of the Kent City Code relating to
street use permits is amended as follows:
Sec. 6.07.010. Purpose. The purpose of this chapter is to establish minimum
rules and regulations relating to street use associated with property developmentjgflity
work not requiring cuts, and other uses of streets, sidewalks, public property, public
rights-of-way and other public places for private purposes, and to provide for
enforcement.
8 Permit and Inspection Fees
SECTION 7. — Amendment. Section 6.07.170 of the Kent City Code relating to
street use permit and inspection fees is amended as follows:
Sec. 6.07.170. Permit and inspection fees.
A. The basic fee for a street use permit shall be as follows:
1. KCC 6 07.040 Construction and property development, including
utility work not requiring cuts. fift}two hundred dollars ($58200).
2. KCC 6.07.060. Street vendors one hundred dollars ($100) per year
Permits are issued annually.
3. KCC 6.07.070 Sidewalk cafes. one hundred dollars ($100) per year.
Permits are issued annually.
4. KCC 6.07 090. Street closures fifty dollars ($50).
5. KCC 6 07100. Master use permit. one hundred dollars ($100).
B. Where total inspection time exceeds two (2) hours, an extra charge shall be
invoiced to the applicant at an hourly rate to be established annually by the director.
SECTION 8. —Amendment. Section 7.04,100 of the Kent City Code relating to
sanitary sewer permit fees is amended as follows:
Sec. 7.04.100. Permit fees.
A. The basic fee for each permit to connect with any public sewer or to construct,
extend, relay, repair, or make connections with a lateral or private sewer inside of a
property line is hereby fixed at two hundred twenty-five dollars ($225). An additional
charge will be made if review and inspection time exceeds three and one-half (3.5)
hours. The hourly rate for this additional staff time shall be paid at the rate of fifty
dollars ($50) per hour, which is less than the average actual hourly cost for City staff
9 Permit and Inspection Fees
employed to process these permits. The fee shall be paid to the finance department
who shall issue a receipt. Such receipt must be filed with the department of public
works before the permit is issued.
B. The fees for permits to construct, install or repair septic tanks shall be those
established by the Seattle -King County department of public health. These fees shall be
paid directly to that department.
SECTION 9. — Amendment. Section 7.04.240 of the Kent City Code relating to
sanitary sewer inspection fees is repealed in its entirety:
SECTION I0. — Savings The existing fee sections of the Kent City Code,
which will be amended by this ordinance, shall remain in full force and effect until the
effective date of this ordinance.
10 Permit and Inspection Fees
SECTION 11. — Severability If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 12. — Effective Date This ordinance shall take effect and be in force
thirty (30) days from and after its passage
ATTEST:
APPROVED AS TO FORM:
ZVAAK C;�� LAt,�
TOM BRUBAKER, CITY ATTORNEY
PASSED: ,21_ day of September, 2004.
APPROVED: —/ day of September, 2004.
PUBLISHED: aS- day of September, 2004.
by law.
ayer Teri
I hereby certify that this is a true copy of Ordinance No. ,37/3
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P CmM11DRlMCE1PmM&Lvpeuua.P�eyya �
i s%lG� (SEAL)
11 Permit and Inspection Fees