HomeMy WebLinkAbout3927ORDINANCE NO. .J'/,;) 1
AN ORDINANCE of the City Council of the
City of Kent, Washington related to design and
construction standards for infrastructure
improvements, repealing Ordinance No. 3117;
repealing chapter 7.08 of the Kent City Code,
entitled "Side Sewer Code"; and amending chapter
6.02 of the Kent City Code entitled, "Required
public improvements."
RECITALS
A. The City last developed and enacted construction standards
for public works related improvements on May 18, 1993. Since 1993
construction techniques have changed dramatically, necessitating revision
to the City's construction standards. Public Works Department staff has
worked to complete a thorough review and update of the standards and
standard plans.
B. As part of the review and development process, the City held
focus group meetings with developers and other professionals on October
28 and 30 of 2008. A draft of the revised construction standards was also
sent to King County Metro Wastewater Treatment Division for approval per
the requirements of an Interlocal Agreement. On November 3, 2008 the
City received approval of the draft from King County Metro Wastewater
Treatment Division.
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Amend 6.02
C. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed code amendments are procedural in
nature and further SEPA analysis is not required for these code
amendments.
D. On October 31, 2008, the City requested expedited review
from the state of Washington, under RCW 36. 70A.106, of the City's intent
to adopt amendments to the subdivision code. Approval for expedited
review was granted on November 3, 2008 and no comments were made
after review.
E. Public Works Committee considered these updates to the
design and construction standards on November 3, 2008, and the Land
Use and Planning Board held workshops on November 10, 2008 and
February 9, 2009. The Board then held a public hearing on February 23,
2009. The Public Works Committee considered the issues and the
recommendation of the Board on March 16, 2009. On July 20, 2009 the
Public Works Committee recommended a change to Section 6.14 only of
the construction standards to be adopted by amendments to the code. The
City Council held a public hearing on Section 6.14 of the construction
standards and adopted these amendments at its meeting on August 18,
2009.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
2 Infrastructure Design and
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Amend 6.02
ORDINANCE
Section 1. -Repealer. Ordinance 3117 of the City of Kent,
enacting new construction standards for public works related
improvements in the City of Kent, adopted on May 18, 1993, is hereby
repealed.
Section 2. -Repealer. Chapter 7.08 of the Kent City Code, entitled
"Side Sewer Code," is hereby repealed in its entirety.
Section 3. -Adopt. The City hereby adopts the 2009 Design and
Construction Standards for infrastructure related improvements, attached
hereto as Exhibit "A" and incorporated herein by this reference.
Section 4. -Amendment. Chapter 6.02 of the Kent City code,
entitled "Required Public Improvements," is amended as follows:
CHAPTER 6.02
REQUIRED PUBLIC INFRASTRUCTURE IMPROVEMENTS
Sec. 6.02.010 Standard speeifieatians Construction
Standards adopted. The City hereby adopts by reference TI;he latest
edition of the Standard Specifications for Road, Bridge and Municipal
Construction, as published by the Vl/ashington State Department of
Transportation and the American Public Works Association; and the 2009
City of Kent Design and Construction Standards ("Construction
Standards") and all codes, standards and aA-€1-provisions cited therein in
Section 1.6. is hereby adopted by reference. One (1) copy of each of
these standardsConstruction Standards is on file in the city clerk's office.
3 Infrastructure Design and
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Sec. 6.02.020 Intention. It is intended that the Construction
Standards standards adopted in l<CC 6.02.010 shall become the base
specifications and standards, subject to amendment by the city on
individual projects, for the construction of-and improvements to city
infrastructure city public 'Narks including_;_ streets, alleys, other public
rights of ·.vay, sanitary sewer systems, water distribution systems, storm
drainage systems, and a+!-other transportation, telecommunications and
utility systems and associated appurtenances. facilities. -It is also
intended that the Construction Standards shall govern all permits for
excavation and grading in the City and be applicable to the City's own
projects for public works.
Sec. 6.02.030 Purpose.
A. The purpose of this chapter is to establish:
1. Authority The Intention of the city to require a building each
developer~ for a development permit ("Developer") to make construct or
install reasonable public infrastructure improvements; andprimarily
through a no protest local improvement district agreement process.
2. .1:12Procedures that 'Nill be used to determine the nature,
extent and location extent and nature of the requiredprovide for
publicinfrastructure improvements andimprovements; and
and determine the appropriate method of satisfying these
requirementsby building permit applicants.andrequircments; and
3. cCGriteria that will be used to determine the nature, extent
and location of the required public infrastructure improvemcnt.s.._s-;
B. The criteria established in this chapter do not satisfy or supersede
additional requirements-imposedrequired by the city in Ch. 11.03.Q l<CC_
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under other Code provisions orprovisions or required in the State
Environmental Policy Act.
Sec. 6.02.040 Scope and exceptions. All development in the
City will require infrastructure improvements as conditions of permit
except when: This chapter applies to all public infrastructure
improvements and to private development infrastructure and site
improvements constructed by an applicanteach applicant for a building
permit except the follmving:
1. An applicant for a permit for a building on a lot legally
subdivided under the subdivision code, Ch. 12.04 l<CC alter the effective
date of the ordinance from ·.vhich this chapter 'v'v'as derived;
'2:8.. An applicati.Qnnt for a building development The permit IB_to make
a-A-addition~, alteration~ or repairs of less than twentyfifty thousand
dollars ($-2-.20,000) in cost value to any structuresite as that term is
defined in the Standards. This threshold amount shall be automatically----,
adjusted annually by the percentage increase or decrease in the
Washington State Department of Transportation Construction Cost Index;
or
B. an application for a development The permit is to make---aA-
additions, alterations or repairs of fifty thousand dollars ($50,000) or more
in costvaltte to any site, adjusted annually by the Washington State
Department of Transportation Construction Cost Indexsuch threshold
amount to be subject to the automatic adjustment described in the
preceding subsection, if the Developerapplicant proves to the Public Works
Deirector or his or her designee ("director")-that the additions, alterations
or repairs will result in no improvements being made have no additional
adverse impacts tooo existing--tfte erinfrastructure; or
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C.3-;-Q.An applicatiQ.nnt for aI:b_Q_ permitThe permit lli_to make wholly
interior improvements within an existing structure.
Provided, however, that if a Developerapplicant chooses to make
any infrastructure improvements for a development permit that would
otherwise be exempt then-, such improvements shall be in compliance with
the Construction Standards.
the project is subject to the related terms of this chapter.
Sec. 6.02.050 General. Based solely on the criteria of l<CC
6.02.040, the The city shall require each Developerapplicant for a
buildingdevelopment permit not otheF'vvise exempted by this chapter to
install or otherwise provide for the following publicinfrastructure
improvements \Nithin the public right of 'Nay: in compliance with the
according to the Design and Construction Standards:
-1-A. Adequate rights-of-way and paved roadv.·aysstreets;
-2-~. Street lighting systems to provide illumination of not more than t'v'v'O
(2) footcandles at the nearest edge of the paved road·1.·ay;
3.Q. Sidewalks and 'v'v'alkways on the frontage of the same side of the
street as the subject property;
4C9. Curbs--a-n-6.,_ gutters, sidewalks and landscaping;
5DE. Storm drainage systems.;_,
EF. Sanitary sewer systems;
FG. Domestic water and fire systems:
G. Traffic control systems:--a-n-6
H. Conduit for fiber optic systems.
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Sec. 6.02.060 Procedure.
A. Generally. _After consultation with representatives of the
departments listed in subsection (B) of this section, the director of public
works dBirector or hisi:b:Qr designate shall tentatively determine:
1. The nature, extent and location of the infrastructure
improvements that are to be provided within the criteria set forth in
Section 6.02. 70 herein .
.b_±-;-Whether to require the applicantdeveloper to:
a. Install necessary infrastructure improvements:
and/orSign an agreement not to protest the formation of or assessments
under a future local improvement district;
b. Ptzay a fee in lieu of construction: and/or
e~. Execute 5§.ign and record a covenant to run with the
land agreeing not to protest the formation of a to participate in a local
improvement district to finance for-any deferred publicinfrastructure
improvements required under this chapter.._;_; and/or and/or
d. --Provide surety bond or other Plat Guarantees as
set forth in the Construction Standards to secure the later construction of
the required infrastructure improvements.
c.ct. sign an agreement not to protest the formation of, or
assessments under, a future local improvement district.Install necessary
public improvements; and_Q[
e. some combination of the above requirements in this
subsection (1).
2. The nature, extent and location of the publicinfrastructure
improvements that are to be provided.
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The director of public works deirector shall discuss the tentative
determination with the Developerapplicant in relation to the criteria of KCC
6.02.040. _After any resulting necessary modifications deemed appropriate
by the Bdirector, the Bdeirector shall inform the Developerapplicant of the
final determination.
B. Interdepartmental review. Before making the final determination
required by subsection (A) of this section, the director of public works
Bdeirector shall consult with and may incorporate or modify the
recommendations of representatives from the following departments of
the city:
1. Police department;
2. Fire department;
3. PlanningCommunity d9evelopment department; and
4. Parks and recreation department.
The director may consult with other city departments as
appropriate . .., DepartmentThese representatives shall use only the criteria
ef-in this chapterl<CC 6.02.040 to formulate their recommendations.
Sec. 6.02.070 Criteria for requiring infrastructure
impra·.;mentsimprovements. The director of pJ:ublic v.·]Yorks d9irector
shall use only the following criteria in making the determinations required
by KCC 6.02.060(A)(1~):
-1-A. If the city council, through an approved plan or policy, has, by
ordinance or resolution, established the nature, extent and location of
publicinfrastructure improvements to be provided in the vicinity of the
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property for which the buildingdevelopment permit is sought, the
Sddirector shall require publicinfrastructure improvements under this
chapter consistent with the nature, extent and location thereof as
established by the city council.
-2-~. If the city council has not established the nature, extent and
location of publicinfrastructure improvements in the vicinity of the
property for which the buildingdevelopment permit is sought:
al. The director of public vv'orks ddirector shall require the
appropriate publicinfrastructure improvements if the gdirector has first
explored alternatives to requiring the Developerapplicant to provide the
improvements and has found these alternatives in his opinion not
reasonably feasible, and if the Q.Sirector additionally finds any of the
followingt!Tat:
f±-]g_,_ Similar publicinfrastructure improvements already exist
or are scheduled in the immediate vicinity of the property for which the
buildingdevelopment permit is sought;
f.27.b... The proposed use of the property for which the
buildingdevelopment permit is sought necessitates the installation of the
publicinfrastructure improvements;
f37c. The property for which the buildingdevelopment permit
is sought 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.i.7 and 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;
f41.Q_,_ Physical characteristics of the property for which a
buildingdevelopment permit is sought, including but not limited to
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Amend 6.02
topography, slope, soil type, drainage pattern or vegetation, necessitate
the installation of publicinfrastructure improvements;
f57~ ThepublicHnfrastructure improvements are necessary
to maintain water quality; or
f6Jf. For any other reason, the publicinfrastructure
improvements are necessitated by a compelling in the public interest. _If
the 9deirector of public works requires the provision of
publicinfrastructure improvements under this subsection.I-(a)(6), the
..QdirectorDirector shall make written findings and conclusions specifying
the compelling public interest that necessitates the improvements and the
manner in which these improvements will fulfill this compelling public
interest.
b.2_. The director of public works director shall-n-et require any
publicinfrastructure improvement pursuant to this chapter to unless such
.QQimprovement is comply with the Construction Standards. in accordance
with _,_specifications :illld.L:or standards approved by the director and
adopted by the city council. If such specifications or standards have not
been adopted by the city council, then the specifications or standards
established in the subdivision code, Ch. 12.04 l<GG shall apply, where
applicable.
Sec. 6.02.080 Criteria for d&eferral of publieinfrastructure
improvements. The Q.director of public 'Norks Ddirector -may defer the I
allow the Developer a-to defer the construction of portions of the required
infrastructure improvements where such improvements will result in only
partial structures, where anticipated -future development and/or planned
city public works projects will result in more complete and logical systems,
and where such deferral is otherwise in -the public interest. Upon the
determination of the director to allow deferral, the Developer ashall secure
its contribution pursuant to KCC 6.02.060(2).installation of
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Amend 6.02
publicinfrastructurc improvements required by the director under this
chapter where total compliance Vv'ith those requirements 'Nould not be
reasonable in the time construction takes place, or Vv'hcrcvcr such
construction, addition or alteration is located in an isolated area or where
the adjoining or abutting improvements arc substandard. For those
deferred improvements, the director shall require the applicant to execute
and record a covenant document that insures the participation of the
owner of the property for which the buildingdcvclopmcnt permit is sought
in any local improvement district formed for the construction of such
improvements.
Sec. 6.02.090 Enforcement.
A. General. No protest local improvement district agreements,
covenants required pursuant to l<CC 6.02.060 or installation of
publicHnfrastructurc improvements and the conditions of any deferrals
required by the Bdaircctor of public ·.vorks under this chapter, shall be
listed as-a condition.s. of approval and shall become part of the approved
buildingdevelopmcnt permit.
B. Procedure. _The provisions provisions required by the .Qairector ef
public ·.vorks under subsection (A) of this section shall be enforced as
conditions part of ~approved buildingdevelopment permits and
otherwise as allowed by applicable law.-;-
Sec. 6.02.100 Appeals.
A. The determination of the .Qairector regarding the nature, location
and extent of infrastructure improvements of public 'v'v'orks shall be final,
unless an appeal by the applicantdeveloper is made to the hearing
examiner within fourteen (14) days after the director's determination.-_The
appeal shall be in writing to the hearing examiner and filed with the public
works department. The hearing examiner shall act on the appeal within
11 Infrastructure Design and
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sixty (60) days unless an extension thereto is agreed to, in writing, by the
applicantdeveloper. The hearing examiner should review the decision of
the public vv·orks .deirector to assure compliance with this chapter, the
general purposes of the comprehensive plan of the city as well as all
adopted ordinances, resolutions and standards .
.6.._&. A fee of twenty-five dollars ($25) shall be paid at the time of filing
the written appeal. _The appeal will not be accepted unless accompanied
by full payment.
C.&. The decision of the hearing examiner may be appealed to the city
council pursuant to the rules and procedures established for the hearing
examiner under Ch. 2.32 KCC.
D. Decisions of the &director with respect to compliance with the
Construction Standards shall be final with no administrative appeal.
SECTION 5. -Savings. The existing chapter 6.02 of the Kent City
Code, which is amended by this ordinance, shall remain in full force and
effect until the effective date of this ordinance.
SECTION 6. -Severabilitv. 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 7. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
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ATTEST:
APPROVED AS TO FORM:
PASSED:
APPROVED:
I hereby certify that this is a true copy of Ordinance No. ~-'--'""--'
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
,. ·;:t. ,~ t:!i··-tf-t, /i, .• /( SEAL)
CITY CLERK
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