Chapter 12.64A
REQUIRED PUBLIC IMPROVEMENTS

Sections:

12.64A.010    Purpose.

12.64A.020    Applicability of chapter.

12.64A.030    Requirements.

12.64A.040    Construction.

12.64A.050    Deferral and fee in lieu of improvements.

12.64A.060    Appeal and enforcement.

12.64A.010 Purpose.

The purpose of this chapter is to:

A. Establish the city’s authority to require an applicant for a building, grading and/or special permit to make reasonable public street improvements and/or defer said improvements through an agreement process and/or pay a fee in lieu of said improvements;

B. Establish procedures to determine when applicants for building, grading and/or special permit applicants shall be required to provide public improvements;

C. Establish 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 city’s comprehensive plan and design standards, in such manner as to avoid public harm or the creation of nuisance situations. (Ord. 6083 § 2, 2007.)

12.64A.020 Applicability of chapter.

It shall be a condition of any building, grading and/or special permit meeting one or more of the following criteria that the applicant shall construct or otherwise provide public right-of-way improvements as set forth in ACC 12.64A.030.

A. Four residential dwelling units or less, and the estimated value of the proposed structural improvements exceed 50 percent of the King or Pierce County assessor’s value of the existing structure(s) on the subject property; or

B. Commercial development, industrial development, or residential development with more than four dwelling units, and the estimated value of the proposed structural improvements exceeds 25 percent of the King or Pierce County assessor’s value of the existing structure(s) on the subject property; or

C. New or additional residential, commercial, or industrial units will be created; or

D. Five or more new parking stalls on the subject property will be created; or

E. A new access point to a public street will be created. (Ord. 6083 § 2, 2007.)

12.64A.030 Requirements.

The city engineer shall determine in consultation with police; parks, arts, and recreation; planning and development department; information services; and the local fire authority whether one or more of the following public right-of-way improvements are necessary to mitigate the impacts of a permitted action set forth in ACC 12.64A.020. Construction or provision of those improvements in the manner specified by the city engineer shall be a condition of granting said permit:

A. Paved roadway on the same side of the street as the subject property;

B. Street lighting;

C. Sidewalks on the same side of the street as the subject property;

D. Concrete curbs and gutters on the same side of the street as the subject property;

E. Storm drainage systems;

F. Street landscaping and appurtenances on the same side of the street as the subject property;

G. Traffic control and other safety devices including, but not limited to, provisions for channelization, pavement markings, signage, pedestrian safety, and traffic calming;

H. Dedication of public right-of-way on the same side of the street as the subject property;

I. Conduit at least three inches in diameter in arterial streets being improved under this chapter. (Ord. 6287 § 2, 2010; Ord. 6112 § 1, 2007; Ord. 6083 § 2, 2007.)

12.64A.040 Construction.

Unless a deferral and/or fee in lieu of improvements is granted per ACC 12.64A.050, applicants for a building, grading and/or special permit shall construct said improvements in conformance with the public facility extension requirements of Chapter 13.40 ACC. (Ord. 6083 § 2, 2007.)

12.64A.050 Deferral and fee in lieu of improvements.

A. The city engineer may grant a deferral and/or payment of fee in lieu of improvements for some or all of the improvements required pursuant to this chapter upon receipt of a written request from the applicant or may require a deferral and/or payment of fee in lieu of improvements for some or all of the required improvements; provided, dedication of necessary right-of-way may not be deferred or satisfied through payment of a fee in lieu. The city engineer’s decision regarding deferral or payment of a fee in lieu shall take into account the best interest of the city and, among other considerations, the following criteria:

1. Proximity to similar improvements, or lack thereof, within the roadway corridor;

2. Continuity of infrastructure improvements within the public right-of-way;

3. Pending projects programmed within the corridor that may impact the street frontage of the subject property;

4. Safety considerations;

5. Traffic volumes and travel patterns;

6. Storm drainage needs;

7. Input from the police; parks, arts, and recreation; planning and development department; information services; and the local fire authority.

B. For those improvements either deferred or for which a fee in lieu is paid, the applicant shall be required to:

1. Execute and record an agreement not to protest the formation of a future local improvement district (LID) formed for the construction of such improvements; and

2. Execute and record an agreement to defer the completion of the required improvements by the applicant until such time as the city determines the improvements are needed; or

3. Pay a fee in lieu of improvements based on the city’s estimated costs to complete the required improvements. The city shall have the discretion to require payment of a fee in lieu of improvements rather than the execution and recording of deferral agreements; provided, that the street improvements are part of an identified project in the city’s six-year transportation improvement program or other documentation and the funds can immediately be utilized for design and/or construction efforts or to leverage additional grant funding for the project; or

4. Execute a combination of a deferral and payment of a fee in lieu of improvements; provided, the applicant’s combined obligation does not exceed the extent of the total requirements for such improvements.

C. The applicant has the right under state law to protest the applicant’s assessment for any such LID at the time of the final assessment roll public hearing.

D. For those improvements that are deferred, the design standards and construction standards in place at the time of improvements shall be applied. (Ord. 6287 § 2, 2010; Ord. 6112 § 2, 2007; Ord. 6083 § 2, 2007.)

12.64A.060 Appeal and enforcement.

A. Appeals of determinations by the city engineer made pursuant to this chapter shall be filed with the city’s public works director within 20 working days after the final city engineer decision is issued. The public works director shall have 15 working days to review the appeal, decide whether to uphold of modify the city engineer’s decision, and notify the applicant of such decision.

B. Appeals of decisions of the public works director made pursuant to this chapter shall be filed with the public works department within 20 working days after the date of the notice of the public works director’s decision. Appeals shall be heard by the city’s hearing examiner pursuant to Chapter 18.66 ACC. Decisions of the hearing examiner shall be based on whether the decision being appealed was consistent with applicable state law and city codes. The hearing examiner’s determination shall be final unless appealed as provided herein.

C. Appeals of decisions of the hearing examiner under this chapter shall be final unless appealed to the superior court of the county in which the proposed public improvements are located within the city of Auburn, which appeals shall be in accordance with the procedures in RCW 34.05.510 through 34.05.598; provided, that the notice of appeal of the hearing examiner’s decision shall be filed with the city clerk within 30 days after issuance of the decision of the hearing examiner.

D. When appealing a determination under this chapter, at any stage of appeal, the applicant/appellant must indicate if the appeal pertains to:

1. The determination of the required improvements in the public right-of-way;

2. The determination to require or deny a deferral of said improvements; and/or

3. The determination to require the payment of a fee in lieu for a deferral instead of an executed and recorded agreement.

E. The associated building, grading or special permit shall not be issued until all appeals are concluded. (Ord. 6182 § 2, 2008; Ord. 6083 § 2, 2007.)