Chapter 17.04
TRANSPORTATION MITIGATION

Sections:

17.04.010    Transportation mitigation requirements.

17.04.020    Total mitigation limits.

17.04.030    Transportation impact fees.

17.04.040    SEPA mitigation – City streets.

17.04.050    Mitigation – State highways.

17.04.060    Mitigation – Other jurisdictions.

17.04.070    Mitigation – Administration.

17.04.080    Special district fees.

17.04.090    Transportation impact fees.

17.04.010 Transportation mitigation requirements.

All development activities in the city are subject to the following requirements:

A.    Traffic Impact Analysis (TIA) Required. In order to provide sufficient information to assess a development’s impact on the roadway system, any development activity adding 10 or more vehicle trips to a corridor during the peak hour shall be required to provide a traffic impact analysis. The traffic impact analysis requirements are defined in the Bothell Standards. In addition, the director may require new development to evaluate any potential traffic and parking impacts on neighborhood or local access streets. The director is authorized to adopt administrative policies and technical procedures specifying the contents and scope of the TIA, the methodologies to be used in preparing a TIA, and the nature and extent of the improvement(s) necessary to meet the requirements of this chapter.

B.    Level-of-Service Policy. The city shall maintain or achieve LOS E (typically based on the highest p.m. peak hour) on the following corridors:

1.    SR-524 (SE 208th St./Maltby Road) Corridor between 9th Ave. SE and 39th Ave. SE;

2.    SW 228th St./SE Corridor between 4th Ave. W and 39th Ave. SE;

3.    SR-522 (NE Bothell Way) Corridor between 96th Ave. NE and Kaysner Way;

4.    Beardslee Boulevard/NE 195th St. Corridor between NE 185th St. and 120th Ave. NE;

5.    SR-527 Corridor between SR-524 and SR-522;

6.    39th/35th Ave. SE/120th Ave. NE/180th St. Corridor between SR-524 and 132nd Ave. NE;

7.    NE 145th St./Juanita-Woodinville Way/NE 160th St. between 100th and 124th Ave. NE.

C.    Development Mitigation Obligations. Frontage improvements will be required of all proposed developments, pursuant to Chapter 17.09 BMC.

    The director shall require mitigation of direct traffic impacts of any development as specified below. Mitigation of off-site impacts to city streets will be in the form of transportation impact fees pursuant to Chapter 17.045 BMC. Mitigation of site-specific impacts to the city’s transportation system may be required under the State Environmental Policy Act (SEPA). SEPA mitigation may be required on arterial streets, neighborhood or local access streets. Mitigation of off-site impacts to state highways or other jurisdiction streets may also be required, as specified in this chapter. Development may have the option to provide mitigation directly by constructing the improvements that offset the direct traffic impact of the development. Development mitigation requirements may be reduced by the director if the development implements transportation demand management and/or transportation system management strategies.

D.    Inadequate Road Condition(s).

1.    A development’s access onto a public road shall be designed so as not to create or aggravate an inadequate road condition. Developments shall be designed so that inadequate road conditions are not created.

2.    Mitigation of direct project impacts resulting in inadequate road conditions is required. If such conditions are found to be existing in the development’s road system at the time of development application review, and the development shall put 10 or more peak hour trips through the identified locations, at the time of full occupancy of the development, the development shall only be approved if provisions are made in accordance with this chapter for improving the inadequate road conditions. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996).

17.04.020 Total mitigation limits.

The total amount of off-site improvement cost for which a development is responsible is limited to the development’s proportionate fair share amount for mitigation of its impacts on the transportation system. An applicant who volunteers to pay and/or construct more than their share of the cost of road system capacity mitigation may apply for a street assessment reimbursement agreement according to Chapter 3.05 BMC.

The applicant shall agree to participate in applicable transportation improvement districts. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996).

17.04.030 Transportation impact fees.

The applicant for any development activity shall be required to pay transportation impact fees required pursuant to Chapter 17.045 BMC. (Ord. 2014 § 1 (Exh. A), 2009).

17.04.040 SEPA mitigation – City streets.

The applicant for any development activity shall be required to provide mitigation identified through a SEPA review process. Such mitigation may include site-specific access and safety improvements, mitigation of impacts to neighborhood or local access streets, or improvements to nonmotorized transportation systems. Such mitigation shall be identified as part of the traffic impact analysis pursuant to Chapter 17.045 BMC. (Ord. 2014 § 1 (Exh. A), 2009).

17.04.050 Mitigation – State highways.

Mitigation requirements for impacts on state highways and at intersections of city roadways with state highways may be established by the Washington State Department of Transportation (WSDOT) rather than by the provisions of this chapter. The requirements shall be imposed by the city as a condition of approval of the development.

The director shall submit any traffic impact analysis and other information relating to the direct traffic impact of the development to WSDOT to request a review under the WSDOT’s mitigation policy.

The director shall submit the mitigation measures recommended by WSDOT to the approving authority as a condition of approval of the development. If necessary, a tri-party agreement between the applicant, the city, and WSDOT addressing the mitigation measures must be executed prior to the issuance of a building permit or the recordation.

A development activity which takes access solely from a state highway shall be required to meet the WSDOT requirements for additional right-of-way and frontage improvements, traffic control at the site entrance, and mitigation of off-site direct traffic impacts on the state highway as deemed necessary by the WSDOT. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996. Formerly 17.04.030.).

17.04.060 Mitigation – Other jurisdictions.

When a development activity may adversely impact the roadway facilities of other jurisdictions, the director shall forward the traffic impact analysis or other information to the affected jurisdiction for review and comment. Developments impacting roadway facilities in jurisdictions that have interlocal agreements with the city are required to conduct a transportation analysis consistent with the requirements of the city’s interagency agreement.

The director shall submit any mitigation measures to the approving authority for consideration as a condition of approval of the development activity. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996. Formerly 17.04.040.).

17.04.070 Mitigation – Administration.

A.    Timing of Determination. The determination of developer obligations shall be made by the city before approval of all preliminary subdivisions, planned unit developments, conditional and special use permits, and binding site plans or before the issuance of a building permit, whichever occurs first.

B.    Administration of Payments. Payments made pursuant to this chapter shall be subject to the following provisions:

1.    The payment is required prior to issuance of a building permit or commencement of on-site development, whichever occurs first, unless the development is a subdivision, wherein the payment is required prior to the recording of the subdivision.

2.    The payment and accrued earnings shall be held in a reserve account and shall be expended to fund improvements on the road system as specified in a written agreement between the developer and the city.

3.    Payments made pursuant to this chapter shall include an amount to reimburse the city for the costs of administration of this title. The amount shall be determined based upon the fee resolution approved by the city council, from time to time. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996. Formerly 17.04.050.).

17.04.080 Special district fees.

This title does not preclude the establishment of road improvement districts (RIDs), local improvement districts (LIDs), transportation benefit districts (TBDs), or similar governmental funding mechanisms for the construction of specific transportation improvements.

If the special district is formed for improvements that are not identified as part of the Six-Year TIP, then the affected properties shall be required to pay the special district fee in addition to construction of a mitigating improvement or voluntary payment of all of the proportionate share mitigating payment that would be used to satisfy the mitigation requirement for the transportation system impacts of a specific development upon its transportation system. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996. Formerly 17.04.060.).

17.04.090 Transportation impact fees.

The applicant for any development activity shall be required to pay transportation impact fees required pursuant to Chapter 17.045 BMC. (Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1881 § 2, 2002; Ord. 1654 § 3, 1996; Ord. 1633 § 1, 1996. Formerly 17.04.070.).