Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES¹

Chapters:

12.04 City Elevation Plane

12.08 Private Surveys

12.12 Street Names

12.14 Street Assessment Reimbursement Agreements

12.16 Building Numbers

12.20 Sidewalk Construction

12.24 Sidewalk Specifications

12.28 Obstructing Streets and Sidewalks

12.30 Truck Routes

12.32 Street and Sidewalk Protection

12.36 Transportation Impact Fees

12.40 Repealed

12.42 Street and Public Trees

12.44 Repealed

12.48 Repealed

12.52 Special Events

12.60 City Parks and Facilities

Chapter 12.04
CITY ELEVATION PLANE

Sections:

12.04.010 Mean sea level datum adopted.

12.04.020 Bench marks with adjusted elevations.

12.04.030 Number and location of bench marks.

12.04.040 Criterion of accuracy.

12.04.050 Bench mark specifications.

12.04.060 Reference to official datum in maps and plans.

12.04.010 Mean sea level datum adopted.

Consistent with modern accurate engineering practices and in order to obtain a more uniform system of elevation control for future construction projects in the city, the city, upon passage of the ordinance codified in this chapter, adopts the mean sea level datum as established and maintained by the United States Coast and Geodetic Survey as the official city datum plane of the city. (Ord. 486 § 1, 1945. Prior code § 8.06.010)

12.04.020 Bench marks with adjusted elevations.

It being understood that the United States Coast and Geodetic Survey at unspecified intervals adjusts and brings up to date the elevations of its various benchmarks, the city engineer or the city surveyor is directed to maintain a system of workable bench mark monuments with elevations adjusted to the current operating adjustment of the United States Coast and Geodetic Survey. (Ord. 486 § 2, 1945. Prior code § 8.06.020)

12.04.030 Number and location of bench marks.

The city engineer or city surveyor is instructed to establish and maintain a system of official city bench marks. The number of such bench mark monuments shall not be less than 10 for each square mile of area within the corporate limits of the city, and shall be located at intervals facilitating rapid accessibility from any point in the city. Upon suggestion of the city engineer or city surveyor, and approval of the city council, additional bench mark monuments may be set outside the corporate limits of the city as control for city construction. Elevations of these monuments shall be checked by level circuits at least once each 10 years. (Ord. 486 § 3, 1945. Prior code § 8.06.030)

12.04.040 Criterion of accuracy.

Criterion of accuracy of differential level circuits establishing elevations on these bench marks shall be as follows: All level circuits must be run in closed loops. All bench mark monuments must be incorporated as “turning points” in the level loop. The allowable error for level circuits of one mile or less distance shall be 0.02 feet. For circuits over one mile in length the allowable error shall be not to exceed 0.05 times the square root of the forward progress in miles. (Ord. 486 § 4, 1945. Prior code § 8.06.040)

12.04.050 Bench mark specifications.

Bench mark monuments established by the city engineer or city surveyor shall bear a bronze cap not less than three inches in diameter and, stamped or cased thereon, shall be sufficient information to positively identify that station. These markings shall give the station an identifying number or letter and shall show the calendar year number when set. The bronze caps shall be set in an existing substantial concrete structure or, if in an open area, shall be set in a concrete base not less than 24 inches in depth and not less than two cubic feet in volume. (Ord. 486 § 5, 1945. Prior code § 8.06.050)

12.04.060 Reference to official datum in maps and plans.

Following passage of this chapter all city sponsored construction, or construction subject to city control, shall be referred to the official datum of the city. All plans, specifications and engineering drawings prepared by the city, and all plans, specifications and engineering drawings accepted from outside agencies who seek to connect with, or enlarge on city utilities, shall clearly show that the basic datum of such plans or designs are referred to the city official datum as established by this chapter. (Ord. 486 § 6, 1945. Prior code § 8.06.060)

Chapter 12.08
PRIVATE SURVEYS

Sections:

12.08.010 Permit – Required.

12.08.020 Permit – Application.

12.08.030 Uncovering monuments – Digging up street.

12.08.040 Repair of street surface.

12.08.050 Completion.

12.08.060 Violation – Penalty.

12.08.010 Permit – Required.

Any individual or firm desiring to conduct a survey within the corporate limits of the city shall, before the survey is commenced, procure from the office of the clerk-treasurer a permit therefor. (Ord. 578 § 1, 1954. Prior code § 8.10.010)

12.08.020 Permit – Application.

Upon application for the permit, the applicant therefor shall advise the office of the clerk-treasurer of the location to be covered by the survey and shall pay to the office of the clerk-treasurer, upon approval of the permit, the sum of $5.00. (Ord. 578 § 2, 1954. Prior code § 8.10.020)

12.08.030 Uncovering monuments – Digging up street.

The applicant shall advise the office of the clerk-treasurer in the event any portion of his survey required the uncovering of monuments in any street or alley within the corporate limits of the city, and upon discovering that his survey required the digging up of any hard surface street, road or roadway, the digging shall be accomplished by the individual or individuals conducting the survey following notice thereof to the office of the clerk-treasurer. (Ord. 578 § 3, 1954. Prior code § 8.10.030)

12.08.040 Repair of street surface.

Upon the completion of survey, the person holding the permit shall notify the office of the clerk-treasurer of the location of any hole, crack or removal of hard surface occasioned by the survey and the repair thereof shall be accomplished by employees of the city. (Ord. 578 § 4, 1954. Prior code § 8.10.040)

12.08.050 Completion.

Upon completion of the survey, the holder of the permit shall advise the office of the clerk-treasurer of the completion and shall furnish to the city a copy of the print of the survey accomplished under the permit and shall return the permit to the office of the clerk-treasurer. (Ord. 578 § 5, 1954. Prior code § 8.10.050)

12.08.060 Violation – Penalty.

Any individual, firm or firms, once issued a permit for the purpose of conducting a private survey within the corporate limits of the city and who fails to comply with the provisions of this chapter shall be thereafter denied a further permit for private survey and no further permit shall be thereafter issued to the applicant until the prior violation has been corrected. (Ord. 578 § 6, 1954. Prior code § 8.10.060)

Chapter 12.12
STREET NAMES

Sections:

12.12.010 Designation of streets and avenues.

12.12.020 Names as indicated on plats.

12.12.030 Street name changes.

12.12.010 Designation of streets and avenues.

All streets extending north and south in the city shall be designated as avenues, and all streets extending east and west be and the same shall be designated as streets. (Ord. 332 § 1, 1925. Prior code § 8.12.010)

12.12.020 Names as indicated on plats.

The names of all streets and avenues in the city shall be as designated on the several plats and additions to the city, except College Street which shall, after the effective date of the ordinance codified in this chapter, be known as Park Street. (Ord. 332 § 2, 1925. Prior code § 8.12.020)

12.12.030 Street name changes.

Narrow Street shall be and remain Narrow Street. Traffic Street shall become Traffic Avenue and Railroad Street shall be and remain Railroad Street. (Ord. 1342 § 1, 1986: Ord. 332 § 3, 1925. Prior code § 8.12.030)

Chapter 12.14
STREET ASSESSMENT REIMBURSEMENT AGREEMENTS

Sections:

12.14.010 Purpose.

12.14.020 Authorization.

12.14.030 Application – Contents.

12.14.040 Assessment methods.

12.14.050 Notice to property owners.

12.14.060 City council action.

12.14.070 Contract execution and recording.

12.14.080 Fees.

12.14.010 Purpose.

This chapter is intended to implement and thereby make available to the public the provisions of chapter 35.72 RCW as the same now exists, or may hereafter be amended. (Ord. 1488 § 1, 1990)

12.14.020 Authorization.

The public works director is authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by state law, provided such application substantially conforms to the requirements of this chapter. (Ord. 1488 § 2, 1990)

12.14.030 Application – Contents.

Applications for the establishment of an assessment reimbursement area shall be accompanied by the application fee as set in SMC 12.14.080 and shall include the following items:

A. Detailed construction plans and drawings of the entire street project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer;

B. Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration;

C. A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area;

D. A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within said area;

E. A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner;

F. Envelopes addressed to each of the record owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided;

G. Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project. (Ord. 1488 § 3, 1990)

12.14.040 Assessment methods.

The public works director shall use a method of assessment which is based on the benefit to the property owner from the project. The methods of assessment authorized in chapter 35.44 RCW for local improvement districts may be used by the public works director. (Ord. 1488 § 4, 1990)

12.14.050 Notice to property owners.

Prior to the execution of any contract with the city establishing an assessment reimbursement area, the public works director or designee shall mail, via registered mail, a notice to all record property owners within the assessment reimbursement area as determined by the city on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:

As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rata share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within 10 years of the date a contract establishing such area is recorded with Pierce County provided such development would have required similar street improvements for approval. You have a right to request a hearing before the city council within 20 days of the date of this notice. All such requests must be made in writing and filed with the city clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract.

(Ord. 1488 § 5, 1990)

12.14.060 City council action.

If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of such shall be given to all affected property owners in addition to the regular notice requirements specified by this chapter, the cost of which shall be borne by the applicant. At any such hearing the city council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required and shall authorize the execution of appropriate documents. The city council’s ruling on these matters is determinative and final. If no hearing is requested, the council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners. (Ord. 1488 § 6, 1990)

12.14.070 Contract execution and recording.

A. Within 30 days of final city council approval of an assessment reimbursement agreement, the applicant shall execute and present such agreement for the signature of the appropriate city officials.

B. The agreement must be recorded in the Pierce County auditor’s office within 30 days of the final execution of the agreement.

C. If the contract is so filed and recorded, it is binding on owners of record within the assessment area who are not party to the agreement. (Ord. 1488 § 7, 1990)

12.14.080 Fees.

The applicant for street reimbursement agreements as provided for in this chapter shall reimburse the city for the full administrative and professional costs of reviewing and processing such application and of preparing the agreement. At the time of application a fee of $500.00 shall be deposited with the city. If actual costs are more than $500.00, the applicant will reimburse the city for the difference before the contract may be recorded. (Ord. 1488 § 8, 1990)

Chapter 12.16
BUILDING NUMBERS

Sections:

12.16.010 Uniform system established.

12.16.020 Applicability.

12.16.030 North and south streets.

12.16.040 East and west streets.

12.16.050 Blocks.

12.16.060 Odd and even numbers – Direction of numbering.

12.16.070 Lots.

12.16.080 Deadline.

12.16.090 Notice to owners and occupants.

12.16.100 Doubtful numbers.

12.16.110 Violation – Penalty.

12.16.010 Uniform system established.

There is established a uniform system of numbering of houses, stores and other buildings erected or to be erected within the limits specified in this chapter. (Ord. 1461 § 1, 1989: Ord. 252 § 1, 1921. Prior code § 8.14.010)

12.16.020 Applicability.

This chapter shall apply to and embrace all the territory within the present city limits of the city, and all additions which may be added thereto. (Ord. 252 § 2, 1921. Prior code § 8.14.020)

12.16.030 North and south streets.

The initial point or baseline for numbering buildings on lots fronting upon streets or avenues running north and south or in a northerly and southerly direction shall be Main Street, assumed as 1000, and from that initial point or baseline north or south or in a northerly or southerly direction, the number 1000 shall be and is constituted the base or representative number for buildings, fronting on the north and south streets, in the first block or series of blocks adjoining the Main Street on the north side thereof, and the base or representative number shall increase in the ratio of one hundred for each successive block or series of blocks north of Main Street or baseline and decrease in the ratio of one hundred for each successive block or series of blocks south of Main Street or baseline. Except that all building numbers on north-south streets or avenues south of SR 410, west of the White (Stuck) River and east of Valley Avenue, within the city limits, shall have numbers corresponding with the Pierce County addressing system. (Ord. 1461 § 2, 1989: Ord. 252 § 3, 1921. Prior code § 8.14.030)

12.16.040 East and west streets.

The initial point or baseline for numbering buildings on lots fronting upon streets and avenues running east and west or in an easterly or westerly direction, shall be Kincaid Avenue and its prolongation thereof, assumed as 1000, and from that initial point or baseline east or west or in an easterly or westerly direction, the number 1000 shall be and is constituted the base or representative number for buildings fronting on the east or west streets in the first block or series of blocks adjoining Kincaid Avenue or its prolongation thereof, on the east side thereof, and the base or representative number shall increase in the ratio of one hundred for each successive block or series of blocks east of the baseline and decrease in the ratio of one hundred for each successive block or series of blocks west of the baseline. Except that all building numbers on east-west streets or avenues east of Valley Avenue and west of the White (Stuck) River and south of SR 410, within the city limits, shall have numbers corresponding with the Pierce County addressing system. (Ord. 1461 § 3, 1989: Ord. 252 § 4, 1921. Prior code § 8.14.040)

12.16.050 Blocks.

For the purpose of this chapter a block or series of blocks shall be known and designated as the distance from one street to another, that is to say, north from the Main Street or base line the distance from Main Street to North Street shall constitute the first series of blocks, from North Street to Mason Street the second series of blocks, and so on in the same manner to the limits of the town. Provided, however, that in cases where blocks are uneven or that streets or avenues are not uniform, numbers shall be arranged to substantially conform to the general plan of numbering. (Ord. 252 § 5, 1921. Prior code § 8.14.050)

12.16.060 Odd and even numbers – Direction of numbering.

Every lot fronting on north and south streets or avenues shall be numbered consecutively from south to north, the odd numbers on the east and the even numbers on the west side of the streets. Every lot fronting on east and west streets shall be numbered consecutively from west to east, the odd numbers on the north and even numbers on the south side of the streets. (Ord. 252 § 6, 1921. Prior code § 8.14.060)

12.16.070 Lots.

A. For the purpose of this chapter every lot having a frontage on any street or avenue of 25 feet or less shall have one number, and every lot having a frontage of over 25 feet shall have an additional number for each 25 feet frontage; provided, however, in cases where lots are not of uniform size they shall be numbered to substantially conform to the general system of numbering.

B. The base or representative number as provided in SMC 12.16.030 and 12.16.040, added to the lot number as provided in SMC 12.16.060, shall constitute the number of the building on each lot, and the numbers shall be affixed to the building or as near thereto as practicable, or on the front of such building in a conspicuous place, and shall be painted thereon, or be made of metal, glass, plastic or wood and fastened thereon, at the option of the owner. The numbers shall be not less than six inches in height, and of contrasting color, and so located as to be readily visible from the street. Where the building has access to an alley, the numbers shall also be posted on the rear of the building, subject to the same requirements, so as to be easily seen from the alley. It shall be the duty of the owners, occupants or lessees to number the building. (Ord. 1461 § 4, 1989: Ord. 252 § 7, 1921. Prior Code § 8.14.070)

12.16.080 Deadline.

All houses or buildings erected as of the effective date of the ordinance codified in this chapter shall be numbered as provided in this chapter on or before May 1, 1921, and all houses or buildings erected after the effective date of the ordinance codified in this chapter shall be numbered before being occupied. (Ord. 252 § 8, 1921. Prior code § 8.14.080)

12.16.090 Notice to owners and occupants.

It is the duty of the building official to notify the owners and occupants of buildings in the city of the correct number of such house or building. (Ord. 1461 § 5, 1989: Ord. 252 § 9, 1921. Prior code § 8.14.090)

12.16.100 Doubtful numbers.

In case of doubt as to the correct number of a house or building it shall be the duty of the building official to fix and designate a proper number, and his action shall be final; provided, however, that the number or numbers shall conform substantially to the general system of numbering. (Ord. 1461 § 6, 1989: Ord. 252 § 10, 1921. Prior code § 8.14.100)

12.16.110 Violation – Penalty.

The owner of any house or building required by this chapter to be numbered who fails, refuses or neglects to comply with the provisions of this chapter shall be deemed to have committed an infraction and shall be punished by a maximum penalty of $250.00. (Ord. 1461 § 7, 1989: Ord. 252 § 11, 1921. Prior code § 8.14.110)

Chapter 12.20
SIDEWALK CONSTRUCTION

Sections:

12.20.010 Definitions.

12.20.020 Administration.

12.20.030 Supervisory authority.

12.20.040 New construction – Time of completion.

12.20.045 Sidewalks on East Main Street.

12.20.050 Order for construction or repair – Notice.

12.20.060 Nuisance – Declaration and correction charge.

12.20.070 Notice – Contents.

12.20.080 Notice – Form.

12.20.090 Notice – Noncompliance – Hearing.

12.20.100 Sidewalk construction fund.

12.20.110 Assessment of construction costs.

12.20.120 Hazardous conditions on public street rights-of-way.

12.20.130 Property owner liability.

12.20.140 Sidewalk repair/replacement – Inspection criteria.

12.20.150 Specifications.

12.20.160 Supervisory personnel.

12.20.170 Permit – Required – Application.

12.20.180 Permit – Fees.

12.20.185 Application of chapter 15.06 SMC.

12.20.190 Violation – Penalty.

12.20.010 Definitions.

Except where specifically defined in this section, all words used in this chapter shall carry their customary meaning.

A. “Broken or cracked sidewalk” means a crack one-quarter inch in width, regardless of the length of the crack and including alligatoring. A broken sidewalk is any portion of a sidewalk broken or separated from the main body of the sidewalk.

B. “Contractor” means the person, firm or corporation doing or performing work for the property owner, city or other municipal corporation. A “bonded contractor” shall be adequately bonded to the city.

C. “Defective handrails, fences, etc.” means the defect of handrails, fences, etc. immediately adjacent to a right-of-way area, including but not limited to private posts, poles and signs.

D. “Depression” means a portion of a sidewalk that is not up to grade, or is depressed and allows water to pond on any portion of the sidewalk.

E. “Foreign matter” means the defects or the hazardous condition resulting from the accumulation of dirt, gravel, oil, grease etc., or any foreign subject matter that may cause pedestrians using the sidewalk to fall, stumble or slip by reason of the existence of such foreign matter.

F. “Permittee” means the person, firm or corporation who is applying for a permit or to whom a permit has been issued for sidewalk construction pursuant to this chapter.

G. “Property owner” means the person, firm or corporation who has legal title to the property on which the sidewalk to be constructed fronts or is being made, including his legal agents.

H. “Raised sidewalk” means a portion of a sidewalk higher than the grade, as to make an incline or slope, unless the sidewalk is following the contour of the landscape.

I. “Sidewalk” means and will be considered as any thoroughfare, the primary function of which is to serve pedestrian traffic. The term includes any and all improvements included in the space between the street pavement edge and the property line, known as the sidewalk area, including sidewalks, gutters and curbs along all driveways across sidewalks.

J. “Stub-toes” means an abrupt raised portion of a sidewalk one-fourth inch or more, regardless of length.

K. “Vegetation on sidewalks” means defects in sidewalks or public ways caused or contributed to by the roots of trees, brush, grass, etc. that causes defects on the sidewalks. Defective conditions are caused by tree limbs, foliage, brush or grass extending on or over sidewalks or rights-of-way. (Ord. 1417 § 6, 1988; Ord. 1390 §§ 12, 13, 1987)

12.20.020 Administration.

The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this chapter. (Ord. 1390 § 1, 1987)

12.20.030 Supervisory authority.

Unless otherwise specially ordered by the city council, the city public works department shall have supervision of construction of all sidewalks on the public right-of-way of the city. (Ord. 1590 § 1, 1993: Ord. 1417 § 1, 1988: Ord. 1390 § 2, 1987)

12.20.040 New construction – Time of completion.

A. All property improved by new construction within the city shall have sidewalks in and completed, for the full width of the property being developed, before the buildings are occupied. Corner lots shall have sidewalks for the full width and length of the property on all sides which abut the street. For the purposes of this section, property improved by new construction shall be defined as any improvement requiring a building permit, except:

1. Those which do not increase the habitable space of a residence as defined by the Uniform Building Code in effect at said time;

2. Accessory structures less than 120 square feet;

3. Re-roofing work.

B. Under the following conditions a property owner may be allowed to enter into an agreement with the city for the construction of sidewalks, curbs and gutters at a later date:

1. Where the street is undesigned;

2. Where no sidewalks, curbs and gutters exist; or

3. Where the absence of a storm drainage system would cause standing water and a health safety problem.

C. The city engineer shall prepare and maintain a list of streets, as set forth in Schedule “A”,² which is attached to the ordinance codified in this section and made a part hereof, which qualify for the agreement referred to in subsection B of this section. The city engineer shall periodically review and update this list as the city limits change and changes to the regulation under which it was formulated occur. (Ord. 2015 § 1 (part), 2002: Ord. 1590 § 2, 1993: Ord. 1533 § 1, 1992: Ord. 1417 § 2, 1988: Ord. 1390 § 3, 1987)

12.20.045 Sidewalks on East Main Street.

In addition to those requirements set forth in SMC 12.20.040 and to implement the East Main Street design strategy, the following is required for properties within the area defined as East Main Street in SMC 18.43.020:

A. When minor or major new construction, as defined in SMC 18.43.020, occurs the property owner, as a condition of the development approval, shall dedicate to the city five feet of land along the entire length of the property frontage abutting East Main Street for street right-of-way. This land shall be dedicated in fee to the city to be held in perpetuity by the city and used for sidewalk construction.

B. When major new construction, as defined in SMC 18.43.020, occurs the property owner, as a condition of the development approval, shall construct a sidewalk 10 feet in total width along the entire length of the property abutting East Main Street. The new sidewalk required in this section may be combined with the width of an existing sidewalk. Sidewalk development includes the provision of street trees, street lighting and street furniture. (Ord. 2015 § 1 (part), 2002)

12.20.050 Order for construction or repair – Notice.

Whenever, in the judgment of the department having the care and superintendence of streets and public places in the city, the public convenience or safety may require that a sidewalk be constructed, renewed, repaired or cleaned along either side of any street or other public place therein, and when said department deems the construction, renewal, repair or cleaning of such sidewalk necessary or convenient for the public, it shall order such sidewalk constructed, renewed, repaired or cleaned and shall cause a notice in writing to be served on the owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place where said sidewalk is to be constructed, renewed, repaired or cleaned, requiring the owner of the abutting property to construct such sidewalk. (Ord. 1390 § 4, 1987)

12.20.060 Nuisance – Declaration and correction charge.

A. Any sidewalk or planting strip which is constructed or improved on any public street, avenue or thoroughfare within the city and which is not constructed in conformity with the provisions of this chapter is an insufficient sidewalk and a nuisance. The public works department has the right to order and cause such sidewalk to be removed and replaced by a sidewalk constructed in compliance with the provisions of this chapter, all at the expense of the owner or owners of the property abutting thereon.

B. For the purpose of this chapter, all property having a frontage on the side or margin of any street shall be deemed “abutting property,” and such property shall be chargeable with all the costs of construction, renewal,

repair or cleaning of any form of sidewalk improvement. (Ord. 1590 § 3, 1993: Ord. 1417 § 3, 1988; Ord. 1390 § 5, 1987)

12.20.070 Notice – Contents.

The notice provided for in SMC 12.20.050 shall describe each lot, block or parcel of land immediately abutting on that portion of the street where such sidewalk is ordered to be constructed, and shall specify the kind of sidewalk required, outer edge thereof, and the method and material to be used in the construction; the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time specified, the sidewalk will be constructed by the city and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 1390 § 6, 1987)

12.20.080 Notice – Form.

Notice shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land affected, or to the authorized agent of such owner if a copy is left at the usual place of abode of such owner in the city with a person of legal age and discretion residing therein; or in case the owner is a nonresident of the city and his place of residence is known, a copy of such notice shall be mailed to such owner, addressed to his last known place of residence; or in case the place of residence of such owner is unknown or if the owner of any lot, block or parcel of land affected is unknown, then such notice shall be served by publication in two weekly issues of the official newspaper of the city. Such notice shall specify a reasonable time within which the sidewalk shall be constructed, which, in the case of publication of the notice, shall be not less than 90 days from the date of the first publication of the notice, and in the case of personal service of the notice or by notice sent to the post office address of the owner, 90 days. (Ord. 1390 § 7, 1987)

12.20.090 Notice – Noncompliance – Hearing.

In case the notice provided for in SMC 12.20.080 is not complied with within the time specified, the officer or department having charge of the case and superintendence of the streets shall report to the city council at its next regular meeting, or as soon thereafter as practicable, an assessment roll showing each lot, block or parcel of land immediately abutting upon the sidewalk and the amount to be assessed against each lot, block or parcel of land. The city council shall thereupon set a date for hearing any protests against the proposed roll and shall cause a notice of the hearing to be published for two successive weeks in the official newspaper of the city, the date of such hearing to be not less than 30 days from the date of the first publication of the notice. (Ord. 1417 § 4, 1988: Ord. 1390 § 8, 1987)

12.20.100 Sidewalk construction fund.

The city council may create a sidewalk local improvement district (LID) when it is determined that a centralized area requires a major rehabilitation or construction of sidewalks. (Ord. 1390 § 9, 1987)

12.20.110 Assessment of construction costs.

The city council shall, at the time of such hearing or at any adjournment thereof, assess the cost of construction, renewal, repair or cleaning of such sidewalk against the property immediately abutting thereon in accordance with the benefits thereto, and such assessment shall become a lien upon the respective lots, blocks or parcels of land and shall be collected in the manner provided by law in the case of local improvement assessments, and shall bear interest at the rate provided for by the ordinance on the date of approval of such assessment thereon. (Ord. 1417 § 5, 1988: Ord. 1390 § 10, 1987)

12.20.120 Hazardous conditions on public street rights-of-way.

It is unlawful for the owner and/or any person occupying or having charge or control of any premises abutting upon any public street, right-of-way or alley in the city to construct, place, cause, create, maintain or permit to remain upon any part of such right-of-way located between the curb line, or if there is no curb line, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure or object dangerous or hazardous to the use of the right-of-way by the members of the general public, including but not limited to the conditions defined in subsections A, C, D, E, H, J and K of SMC 12.20.010. (Ord. 1390 § 11, 1987)

12.20.130 Property owner liability.

In the event of any injury or damage to any person and/or property caused by the hazardous conditions referred to in SMC 12.20.120, the abutting property owner where such injury or damage occurs shall be liable therefor, including liability to the city for all damage, injury, costs and disbursements, including court costs and attorney’s fees, which the city may be required to pay or incur to any person injured or property damaged as aforesaid. The costs together with interest shall be paid by the property owner and shall be a lien upon the real property until paid. This provision shall be binding upon the heirs, successors or assigns of the property owner. (Ord. 1417 § 8, 1988: Ord. 1390 § 15, 1987)

12.20.140 Sidewalk repair/replacement – Inspection criteria.

A. All sidewalks will be graded on a point system. The sidewalks will be inspected and graded in five-foot sections starting at a joint or pattern line.

B. Points shall be deducted for each defect. When points of a particular section fall between zero and 50, no action is required. When the points fall between 51 and 74, that section shall be repaired. When the points are 75 or greater, that section shall be replaced.

C. Sidewalks shall be inspected for the following defects:

1. Cracks having a horizontal separation of one-fourth inch or more;

2. Cracks having a vertical differential of one-fourth inch or more;

3. Drainage depression.

D. Where an expansion joint itself is a problem, the sidewalk sections on either side of it shall be graded and the defective points generated by the joint itself shall be added to that section receiving the most points.

E. The following range of points shall be established for each defect:

1. Crack – Horizontal Separation.

a. Over one-fourth inch, 15 points;

b. Over three-fourths inch, 51 points;

c. Over one inch, 100 points.

2. Crack – Vertical Separation.

a. Over one-fourth inch, 10 points;

b. Over one-half inch, 51 points;

c. Over one inch, 100 points.

3. A vertical or horizontal crack one inch or greater shall automatically require replacement of the respective sidewalk section.

4. Points for horizontal and vertical cracks shall be doubled when the defect occurs in the pedestrian-traveled portion of a sidewalk which has significant pedestrian use. (Ord. 1417 § 7, 1988: Ord. 1390 § 14, 1987)

12.20.150 Specifications.

A. Any and all sidewalks required to be constructed or repaired on any public street, avenue or thoroughfare within the city pursuant to the terms of this chapter shall be constructed in accordance with the specifications as set forth by the American Public Works Association Standards, and in no circumstance shall the sidewalk be other than natural coloring. Standards for existing nonconforming sidewalks may be modified by the city engineer where in his judgment they do not affect health, safety or future growth plans within the area.

B. The provisions of this chapter apply to all sidewalks constructed on any public street, avenue or thoroughfare within the city, whether constructed by the owners of the abutting or adjacent property voluntarily or ordered constructed by the city, or constructed pursuant to a local improvement district.

1. Property Line.

a. In cases where sidewalks have been constructed on the property line prior to the effective date of the ordinance codified in this section, sidewalks constructed after the effective date of the ordinance codified in this section shall be constructed on the property line as far as that block is concerned. In all other cases, sidewalks are to be constructed one foot from the property line.

b. When the entire sidewalk for the full length of the block is removed the new sidewalk shall be constructed on the property line or as specified by the city engineer.

2. Subgrade – Inspection Readiness Notice. The contractor shall notify the city when the subgrade is completed, and no concrete shall be placed until the subgrade has been inspected and accepted by the city.

3. Monument Disturbance During Construction. The permittee shall not disturb any survey monuments or hubs found within the boundaries of the sidewalk to be constructed, unless authorized to do so by the city. In the event that such monuments or hubs are to be removed because of the sidewalk construction, they must be replaced under the supervision of the department of community development at the permittee’s or his agent’s expense.

4. Confinement Within Right-of-way Lines and Easements. It shall be the permittee’s responsibility to confine the sidewalk within the street right-of-way lines and the limits of easements described on the permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the permittee.

5. Barricades and Lights. The person, firm or corporation constructing a sidewalk pursuant to the terms of this chapter shall erect and, so long as conditions exist and any danger may continue, maintain along the property upon which the sidewalk is to be constructed a good and substantial barrier. The above person shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares, including any requested by the department of community development. In the event the permittee is not immediately available, the city may install, at the permittee’s expense, additional barricades, lights and/or safety devices to protect the public.

6. Concrete Pouring Without Inspection – Sidewalk Condemnation. The contractor shall notify the city in advance of the time when he is to commence pouring concrete so that provision may be made for inspection by the city, such notice to be in writing; any sidewalk placed without such prior notice shall be condemned and is condemned, and the contractor shall have no claim against the owner of the abutting property for payment on account of such condemned work.

7. Acceptance Prerequisites. No sidewalk improvement constructed pursuant to the terms of this chapter will be accepted until the city is satisfied that the work has been performed according to the requirements of this section and to the lines and grades as established and staked.

8. Width.

a. For properties zoned residential, new sidewalks shall be a minimum of five feet in width, except as noted below.

b. For properties zoned residential and abutting the street sections listed below, the standard for the street section listed shall be the existing street width unless the entire street section is being replaced:

i. West side of Sumner Avenue (Park Street to Willow);

ii. East side of Sumner Avenue (Silver to Willow);

iii. Silver Street (Sumner to Guptil);

iv. Boyd Avenue (Silver to Loyalty Park);

v. Chervenka Avenue (Silver to Loyalty Park);

vi. Meade Avenue (Silver to Loyalty Park);

vii. Kincaid (Rainier to Thompson);

viii. South side of Park (Alder to Sumner).

c. For properties zoned residential with sidewalks less than five feet and not listed in subsection b, the city engineer may reduce the sidewalk width requirement if all the following criteria are satisfied:

i. There is an existing sidewalk of less than five feet and not listed in subsection b;

ii. The immediately adjacent properties have no sidewalk or are improved with a sidewalk less than five feet in width; and

iii. The sidewalk to be replaced is less than 75 percent of the length of the sidewalk along the street.

d. For properties zoned commercial, new sidewalks shall be the width of the distance from the property to the edge of the existing paved right-of-way.

e. For properties zoned industrial, business/research parks or professional offices, new sidewalks shall be the width of the distance from the property to the edge of the existing paved right-of-way, except that the City Engineer may authorize a reduction in that requirement to a minimum of five feet under the following circumstances:

i. The applicant provides a planting strip with street trees according to city standards and agrees to maintain such planting strip; and

ii. Other properties on the same block have similar five-foot sidewalks or the proposal is part of a full subdivision with an approved master site plan which includes provision of street trees. (Ord. 1590 § 4, 1993: Ord. 1417 §§ 9, 10, 11, 1988: Ord. 1390 § 16, 1987)

12.20.160 Supervisory personnel.

The building and construction of any and all sidewalks on a public street, avenue or thoroughfare within the city shall be under the direct supervision of the public works department or under the direct supervision of such other person or persons as the city may specially appoint for that purpose. (Ord. 1590 § 5, 1993: Ord. 1390 § 17, 1987)

12.20.170 Permit – Required – Application.

Any person desiring to construct, repair, change or relocate any sidewalk in front of and abutting his property shall make application to the public works department, and such application shall contain, among other things, the exact location of such proposed work, the location of new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no work on any sidewalk shall be done until the issuance of an appropriate permit therefor. All such repair shall be made after application for and issuance of a proper street excavation permit therefor, as required by law, and all such work to be duly inspected and approved by the city. (Ord. 1590 § 6, 1993: Ord. 1390 § 18, 1987)

12.20.180 Permit – Fees.

The permit fee shall include the costs to the city for making the necessary reviews and for the inspection of all public improvements. Such fees and costs shall be paid in advance at the time the application for a permit is submitted.

A. Fee for issuance of permit, $20.00;

B. Inspection fee for construction and inspection measured along curb lines:

1. 75 lineal feet or less, $5.00,

2. 76 to 110 lineal feet, $10.00,

3. 111 to 150 lineal feet, $12.00,

4. Each additional 75 lineal feet or portion thereof, $15.00;

C. Anytime it is necessary to have a city crew place stakes for sidewalks, the fee for the permit shall be increased 50 percent in addition to the regular fee for this service;

D. Each driveway and/or curb opening, $25.00;

E. Replacement of low curb and gutter, each 50 lineal feet or portion thereof, $15.00. (Ord. 1417 § 12, 1988: Ord. 1390 § 19, 1987)

12.20.185 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 1, 1996)

12.20.190 Violation – Penalty.

A. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110.

B. In addition to the penalties provided in subsection A of this section, if the owner or permittee fails to construct a sidewalk within the time and in the manner specified in the permit issued pursuant to this chapter, the city shall order the sidewalk to be constructed under the supervision of the public works department, and the costs shall be assessed against and become a lien upon the real property abutting the sidewalk so constructed. Notice of the city’s lien, specifying the costs incurred in constructing the sidewalk and giving the legal description of the real property abutting the sidewalk sought to be charged, shall be filed with the county auditory within 90 days from the termination of the sidewalk construction and the same may at any time thereafter be collected in the manner provided for foreclosure of mechanic liens under the laws of the state of Washington. (Ord. 1782 § 2, 1996: Ord. 1590 § 7, 1993: Ord. 1390 § 20, 1987)

Chapter 12.24
SIDEWALK SPECIFICATIONS

Sections:

12.24.010 Compliance.

12.24.020 Sidewalks required – Bond in lieu.

12.24.030 Procedure, plans and specifications.

12.24.040 Notice to city.

12.24.050 Design.

12.24.060 Materials.

12.24.070 Construction methods.

12.24.075 Application of chapter 15.06 SMC.

12.24.080 Violation – Penalty.

12.24.010 Compliance.

All sidewalks constructed in the city of Sumner shall be according to plans and specifications as provided in this chapter. (Ord. 660 § 1, 1959. Prior code § 8.18.010)

12.24.020 Sidewalks required – Bond in lieu.

All new residences and all property improved by the construction thereon within the city shall have sidewalks in and completed, for the full width of the property being developed, before the buildings are occupied for residential or other purposes; corner lots shall have sidewalks for the full width and length of the property which abuts the street; provided, that in lieu of actual construction of the sidewalk, cash or a performance bond may be deposited, the amount of which shall be determined by the city. (Ord. 881 § 1, 1969: Ord. 703, 1961: Ord. 660 § 2, 1959. Prior code § 8.18.020)

12.24.030 Procedure, plans and specifications.

The procedure, plans and specifications for the construction of concrete sidewalks shall be as set out in this chapter. (Ord. 660 § 3 (part), 1959. Prior code § 8.18.030 (part))

12.24.040 Notice to city.

A. The property owner or contractor shall notify the city engineer, city surveyor, or street superintendent, at least 10 days before work on sidewalk is started, in order that grades, etc., may be established.

B. The contractor shall notify the city when the forms are set, and no concrete shall be placed until after the forms have been inspected and accepted.

C. The contractor shall notify the city beforehand, when he is to pour the concrete, so that provision may be made for inspection, and any sidewalk placed without notice shall be condemned, and the contractor cannot hold the property owner to the payment of such condemned work.

D. Proper barriers shall be provided by the contractor to keep all traffic off the green sidewalk, and he shall be responsible for any damage done to the green sidewalk. (Ord. 660 § 3 (part), 1959. Prior code § 8.18.030 (part))

12.24.050 Design.

A. Sidewalks shall be constructed of one course portland cement concrete and shall have a minimum thickness of four inches and a minimum width of five feet; the minimum thickness shall be six inches where the sidewalk is part of a driveway. The street side of a sidewalk shall be five feet from the property line on streets 50 feet or less in width. The street side of the sidewalk shall be six feet from the property line on streets over 50 feet in width unless a sidewalk has already been established on the side of the street and in the block that the proposed sidewalk is to be constructed. If there is an existing sidewalk, then the proposed sidewalk shall be in alignment, on the street side, with the existing sidewalk, assuming the existing sidewalk was engineered correctly at the time of its construction. If the existing sidewalk was located incorrectly at the time of its construction, then the street side of the proposed sidewalk shall be located at the discretion of the city engineer or surveyor. The street side of the walk will be the alignment control and the property side of the walk will be the grade control.

B. Sidewalks shall be constructed to the grade and alignment as specified and approved by the city. Sidewalks shall be constructed to the grade and alignment as established by the city engineer or city surveyor. Payment to the city for sidewalk grade, alignment and inspection shall be at the following rates: $25.00 for the first 100 continuous lineal feet or portion thereof of sidewalk distances and $12.00 for each additional 100 continuous lineal feet or portion thereof; provided, however, that where the city furnishes the engineering for the alignment of the sidewalk, such engineering is for that purpose only and shall not be used for locating property lines. (Ord. 660 § 3 (part), 1959. Prior code § 8.18.030 (part))

12.24.060 Materials.

All materials shall be secured from approved sources. Aggregate shall be of a standardized grade acceptable for sidewalk construction. Concrete shall contain six bags of cement per cubic yard proportioned as follows: six gallons of clean water to 188 pounds of fine aggregate to 345 pounds of course aggregate per bag of cement (approximately 1:2:4 mix). Weight of aggregate based on a specific gravity of 2.65. (Ord. 660 § 3 (part), 1959. Prior code § 8.18.030 (part))

12.24.070 Construction methods.

A. Subgrade. All boulders, organic material, soft clay, spongy material and any other objectionable material shall be removed and replaced with approved material. When considered necessary by the inspecting authority, the subgrade shall be constructed of pit run gravel, or its equivalent, thickness to depend upon existing conditions and determined by the inspector; shall be properly shaped and uniformly compacted. All fills under a subgrade shall be made of suitable material, spread in layers not to exceed one foot in thickness and each layer shall be firmly compacted by an approved method. Shoulders of these fills shall be such that they will amply protect the subgrade from settling and will allow for proper backfilling of the completed sidewalk.

B. Concrete Forms. The forms for the concrete shall be of wood or metal, straight, free from warps or kinks and of sufficient strength. They shall be staked securely enough to resist the pressure of the concrete without spring. When ready for the concrete to be deposited they shall not vary from the approved line and grade and shall be kept so until the concrete has set. The grade control will be for the side of the walk towards the property; the walk will have a slope of one-quarter inch per foot towards the street.

C. Placing and Finishing Concrete. Just prior to placing the concrete the subgrade shall be moistened. The concrete mixed to the proper consistency shall be placed in the forms and thoroughly tamped in place so that all honeycombs will be eliminated and sufficient mortar will be brought to the surface. After this, the surface shall be brought to an even finish by means of a wooden float. All faces adjacent to the forms shall be spaced so that after the forms are stripped, the surfaces of the faces will be smooth, even and free of honeycomb. All edges shall be tool rounded.

D. Expansion Joints and Scoring Concrete. One-half-inch transverse expansion joints shall be placed at intervals not exceeding 80 feet and at intersections with portland cement concrete driveways or curbs. Sidewalks shall be scored to a depth of one inch every five feet for walks five feet in width and every six feet for walks six feet in width.

E. Curing Concrete. When completed, the concrete shall be kept moist for a period of not less than three days and longer if necessary, and shall be protected from the elements in a satisfactory manner.

F. Backfilling. Backfill shall be of suitable selected material and shall be placed and tamped until firm and solid. Backfilling shall follow immediately after the concrete forms have been removed.

G. Seasonal Limits. No concrete shall be poured on a frozen or thawing subgrade or during unfavorable weather conditions, or when the temperature is 38 degrees Fahrenheit and falling. (Ord. 660 § 3 (part), 1959. Prior code § 8.18.030 (part))

12.24.075 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 3, 1996)

12.24.080 Violation – Penalty.

Any property owner who fails to comply with the requirements as set forth in SMC 12.24.020 through 12.24.070 shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 4, 1996: Ord. 1327 § 1, 1986: Ord. 881 § 2, 1969: Ord. 665, 1959: Ord. 660 § 6, 1959. Prior Code § 8.18.040)

Chapter 12.28
OBSTRUCTING STREETS AND SIDEWALKS

Sections:

12.28.010 Permit – Required.

12.28.020 Permit – Requirements.

12.28.030 Permit – Plan approval – Fees.

12.28.040 Barriers and lights.

12.28.050 Notice to fire department.

12.28.060 Bond.

12.28.070 Inspection.

12.28.075 Application of chapter 15.06 SMC.

12.28.080 Merchandise and garbage containers on sidewalks.

12.28.090 Violation – Penalty.

12.28.100 Outdoor seating on sidewalks.

12.28.010 Permit – Required.

No person, firm or corporation shall grade, pave, level, alter, construct, repair, remove or excavate any pavement, sidewalk, crosswalk, curb, driveway, gutter, sewer, water main or any other structure or improvement located over, under or upon any street, alley or other public place in the city of Sumner, or fill in, place, construct, leave or deposit over, under or upon any street, alley or other public place any structure, building material, earth, gravel, rock, garbage, debris or any other material or thing tending to obstruct, disturb or interfere with the free use thereof or cause a dangerous condition thereon, without first obtaining a permit in writing from the city engineer so to do, and by paying such fees as are hereafter set forth, except that such permit shall not be required in the case of work which will be performed by the city of Sumner. Work done on the planting, care, and removal of street trees pursuant to chapter 12.42 SMC shall be exempt from this chapter. (Ord. 1846 § 17, 1998: Ord. 774 § 1, 1965. Prior Code § 8.19.010)

12.28.020 Permit – Requirements.

The permit shall require the person to whom the same is issued to give the city engineer 24 hours’ notice of the commencement of such work, to carry on such work to the satisfaction of and subject to the approval of the city engineer, to diligently prosecute the same to completion, to leave the street in a good, clean and safe condition, to at all times keep signal lights or other proper warnings displayed sufficient to give any one going upon said street, alley or public place such warning as may be necessary to prevent injury, and to comply with such additional provisions and conditions as may be prescribed by the city engineer. If the acts desired to be done require the disturbing of any improvement on said street, alley or other public place, the permit shall require the permittee to restore such improvement to its original and proper condition, and if the permittee shall fail to so do, the city engineer may cause the necessary restoration to be made at the expense of the permittee. (Ord. 774 § 2, 1965. Prior code § 8.19.020)

12.28.030 Permit – Plan approval – Fees.

No permit shall be issued under the provisions of this chapter until plans for the proposed work have been submitted and approved by the director of public works. Upon approval by the director of public works, the permit shall be issued and charges made based upon the following rates and fees:

One percent of the valuation of the project, or $50.00, whichever is greater. Each resubmittal review shall be 50 percent of the original permit cost. (Ord. 1416 § 2, 1988: Ord. 774 § 7, 1965. Prior code § 8.19.070)

12.28.040 Barriers and lights.

Any person who obstructs or makes dangerous any street, alley, sidewalk or public place shall erect and maintain around said portion of the street, alley, sidewalk or public place, a good and sufficient barrier, and shall cause the same to be posted and during the nighttime to show sufficient amber lights to warn of the danger. All signing, lighting and barriers shall be approved by the city engineer and the chief of police. (Ord. 1328 § 1, 1986: Ord. 774 § 4, 1965. Prior code § 8.19.040)

12.28.050 Notice to fire department.

The city engineer shall give written notice to the chief of the fire department immediately upon the issuance of a permit wherein the improved portion of any street commonly used as a thoroughfare is to be obstructed to vehicular traffic, and shall further notify the chief of the fire department upon completion of the work. (Ord. 774 § 3, 1965. Prior code § 8.19.030)

12.28.060 Bond.

No permit shall be issued under the provisions of this chapter until the applicant therefor executes and delivers to the city a bond in the sum of $5,000, or 120 percent of the cost of the project, whichever is greater, the form to be approved by the city attorney, and with surety approved by the city treasurer conditioned on the faithful performance of the provisions of this chapter; provided, however, that when the work is to be performed by the adjacent property owner and the cost of the work, in the opinion of the public works director, is less than $5,000, the public works director may reduce the amount of the bond to the dollar amount of the work to be performed. Such bond shall further be conditioned to indemnify and hold harmless the city from any and all judgments, costs or expenses arising from injuries or damage to any person or property on account of such work. Such bond shall further be conditioned that the applicant acting under the permit shall restore said street, alley or public place to its former condition within the time specified by the director of public works. Such bond may be given for a period of one year and be conditioned to cover all permits which may be issued to the applicant during such period. (Ord. 1416 § 1, 1988: Ord. 1328 § 2, 1986: Ord. 774 § 5, 1965. Prior code § 8.19.050)

12.28.070 Inspection.

The city engineer, if in his judgment the nature of the work shall be such as to require inspection on behalf of the city, either during the progress of the same or after the completion thereof, or both, may inspect the same and charge a reasonable sum therefor. (Ord. 774 § 6, 1965. Prior code § 8.19.060)

12.28.075 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 5, 1996)

12.28.080 Merchandise and garbage containers on sidewalks.

A. It is unlawful for any person, firm or corporation, to store, display, place or cause, or suffer to be stored, displayed or placed, any goods, wares, merchandise, or other articles or signs for purposes of sale, display, advertising or for any other purpose on any street, alley, curb or sidewalk, including the space between the sidewalk and the street, curb or property line, in the city, except while in the actual course of receipt or delivery thereof; provided, however, that the tenant or occupant of any ground floor room or store abutting upon a sidewalk may use and occupy such sidewalk for a distance of 24 inches immediately in front of the building line for the display of goods, wares and merchandise, and other articles; and provided further, where it is necessary to place garbage or trash containers upon a public sidewalk, alley or street to allow removal of such garbage and trash, such containers may be placed thereon for a reasonable period of time necessary for removal; and further excepting the use of the streets, alleys and sidewalks as may be otherwise specifically authorized by other city ordinances.

B. Any person, firm or corporation violating any of the provisions of this section shall upon conviction thereof be fined in any sum not to exceed $100.00. (Ord. 765, 1964: Ord. 739, 1963: Ord. 400 §§ 1(a), 6 (part), 1933. Prior code §§ 8.20.015, 8.20.060 (part))

12.28.090 Violation – Penalty.

Any person, firm or corporation violating any provisions of this chapter, except SMC 12.28.080(B), shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 6, 1996: Ord. 1328 § 3, 1986: Ord. 774 § 8, 1965. Prior Code § 8.19.080)

12.28.100 Outdoor seating on sidewalks.

Outdoor seating on public sidewalks is permitted, provided chapter 18.16 SMC requirements are met in addition to the following:

A. A minimum of five feet of sidewalk width shall remain unobstructed.

B. Any sidewalk proposed for outdoor seating use shall be separated from the vehicular way by a vertical concrete curb and gutter.

C. The applicant is the owner or occupant of the adjacent property and operates an espresso/coffee shop business or restaurant that is a conforming use in the zone. The outdoor seating area shall be located directly adjacent to its respective business.

D. Tables placed on the sidewalk shall have a minimum size of 24 inches in diameter for round shapes and 24 inches of depth or width for square and rectangular shapes.

E. All furniture related to the outdoor seating area shall be removed or pushed and stacked to one side of the sidewalk during the time the business is closed.

F. The city engineer may include conditions on the permit regarding business hours, number of tables and chairs, lighting, noise, and type of separation between pedestrians and customers.

G. The outdoor seating area shall be immediately cleared if ordered by city authorities for reasons of public health or safety. The management of the associated business may appeal the decision in writing to the city council within 15 days of the order.

H. A surety bond shall be posted and insurance provided for liability purposes.

I. Sidewalk shall be cleaned daily.

J. Sidewalk shall be returned to original conditions upon completion of use. (Ord. 2198 § 1, 2007)

Chapter 12.30
TRUCK ROUTES

Sections:

12.30.012 Definitions.

12.30.020 Application of regulation.

12.30.030 Exceptions.

12.30.040 Truck routes established.

12.30.050 Truck traffic in the city – Outside origin.

12.30.060 Truck traffic in city – Inside origin.

12.30.070 Maps.

12.30.080 Signs.

12.30.090 Weigh-in.

12.30.120 Violation – Penalty.

12.30.012 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. “Shall” is always mandatory and not merely directory:

A. “City” is the city of Sumner.

B. “Deviating truck” is a truck which leaves and departs from a truck route while traveling inside the city.

C. “Person” is any person, firm, partnership, association, corporation, company, or organization of any kind.

D. “Truck” is any vehicle designed or operated for the transportation of commodities, merchandise, produce, freight, animals, or property, and whose body weight or whose combined body and load weight or whose rated capacity exceeds 10,000 pounds.

E. “Truck route” is a way over certain streets, as designated in this chapter, over and along which trucks coming into and going out of the city must operate. (Ord. 1822 § 1 (part), 1998)

12.30.020 Application of regulation.

All trucks within the city shall be operated only over and along the truck routes established in this chapter and on the other designated streets over which truck travel is permitted. There shall be no through truck traffic within the city limits, except on state routes. (Ord. 1822 § 1 (part), 1998)

12.30.030 Exceptions.

This chapter shall not prohibit:

A. Operation on Street of Destination. The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point;

B. Emergency Vehicles. The operation of emergency vehicles upon any street in the city;

C. Public Utilities. The operation of trucks owned or operated by the city, public utilities, any contractor or materialman, while engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the city;

D. Detoured Trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established. (Ord. 1822 § 1 (part), 1998)

12.30.040 Truck routes established.

There are established within the city the following truck routes:

A. Washington State Route 167 within the Sumner corporate limits.

B. Washington State Route 410 within the Sumner corporate limits.

C. East Valley Highway from Elm Street to the Sumner corporate limits.

D. Washington State Route 162 within the Sumner corporate limits.

E. Traffic Avenue.

F. Fryar Avenue.

G. 142nd Avenue East from its intersection with Tacoma Avenue to 24th Street East.

H. Puyallup Street.

I. 24th Street East from 142nd Avenue East to the West Valley Highway.

J. 136th Avenue East from 24th Street East to 16th Street East.

K. Tacoma Avenue.

L. Bridge Street.

M. Valley Avenue East from Bridge Street to the Sumner corporate limits.

N. 140th Avenue East between 24th Street East and 16th Street East.

O. 16th Street East between 136th Avenue East and 140th Avenue East.

P. West Valley Highway from the north city limits at 16th Street East southerly to its intersection of Sumner Heights Drive.

Q. Sumner Heights Drive between West Valley Highway and Valley Avenue East. (Ord. 2123 § 1, 2005: Ord. 2060 § 1, 2003: Ord. 1978 § 1, 2001: Ord. 1872 § 1, 1999: Ord. 1822 § 1 (part), 1998)

12.30.050 Truck traffic in the city – Outside origin.

A. One Inside Destination Point. All trucks entering the city for a destination point in the city shall proceed only over an established truck route and shall deviate only at the intersection with the street nearest to the designation point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.

B. Multiple Inside Destination Points. All trucks entering the city for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street nearest to the first destination point. Upon leaving the first destination point, a deviating truck shall proceed to other destination points by the shortest direction. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route. (Ord. 1822 § 1 (part), 1998)

12.30.060 Truck traffic in city – Inside origin.

A. Outside Destination Point. All trucks on a trip originating in the city, and traveling in the city for a destination point outside the city, shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as established in this chapter.

B. Inside Destination Points. All trucks on a trip originating in the city, and traveling in the city for destination points in the city, shall proceed as provided in SMC 12.30.050. (Ord. 1822 § 1 (part), 1998)

12.30.070 Maps.

The city clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the city clerk and shall be available to the public. (Ord. 1822 § 1 (part), 1998)

12.30.080 Signs.

The city engineer shall cause all truck routes to be clearly sign-posted to give notice that this chapter is in effect. (Ord. 1822 § 1 (part), 1998)

12.30.090 Weigh-in.

The chief of police shall have the authority to require any person driving or in control of any commercial vehicle, not proceeding over a truck route or street over which truck traffic is permitted, to proceed to any public or private scale available for the purpose of weighing and determining whether this chapter has been complied with. (Ord. 1822 § 1 (part), 1998)

12.30.120 Violation – Penalty.

Violation of or failure to comply with any of the penal provisions of this chapter shall be punished by a fine not to exceed $200.00, or by imprisonment in the city jail for a time not to exceed six months, or by both such fine and imprisonment. (Ord. 1822 § 1 (part), 1998)

Chapter 12.32
STREET AND SIDEWALK PROTECTION

Sections:

12.32.010 Circulars and handbills.

12.32.020 Transportation of loose materials.

12.32.030 Fires or building materials.

12.32.040 Sidewalk cleanliness.

12.32.050 Removal of snow and ice from sidewalks.

12.32.060 Vehicles over 10,000 pounds.

12.32.070 Repealed.

12.32.080 Violation – Penalty.

12.32.010 Circulars and handbills.

It is unlawful for any person, firm or corporation to distribute, throw or deposit upon any street, alley or public place, or in or upon any vehicle thereon, or upon any private yard, lawn, driveway, sidewalk or steps of any residence or upon or in any part of any structure or upon any vacant property in the city of Sumner, any advertising sample, handbill, dodger, circular, booklet, paper or loose advertising matter of any kind or description; provided, however, that nothing in this section shall prohibit the distribution and delivery of any newspaper which is capable of being entered as second class matter under the provisions of the United States Post Office regulations of March 3, 1879, and other United States statutes. (Ord. 400 § 1, 1933. Prior code § 8.20.010)

12.32.020 Transportation of loose materials.

It is unlawful for any person to transport or cause to be transported over or along any public street in the city any of the materials named in SMC 12.32.010, or any gravel, sand or building materials, unless conveyed in vehicles so constructed that the same cannot fall or be scattered upon the streets. (Ord. 400 § 2, 1933. Prior Code § 8.20.020)

12.32.030 Fires or building materials.

It is unlawful for any person to build a fire, slack lime, mix mortar, or place any sand or gravel, building material or other substance upon any sidewalk, street or alley in the city without first obtaining a permit so to do from the superintendent of streets, and whenever a fire is built or lime is slacked or mortar mixed or sand or gravel or like building material is deposited upon any sidewalk or paved street, the same shall be done in such a manner as to prevent injury to the sidewalk or pavement and to prevent the materials from coming in contact therewith or being scattered thereon. (Ord. 400 § 3, 1933. Prior code § 8.20.030)

12.32.040 Sidewalk cleanliness.

It shall be the duty of the person having charge or control of any premises within the city to keep the walk or walks along the property in the street or streets adjacent thereto in a clean condition; provided, however, that such walks shall be swept or washed only between the hours of 9:15 p.m. and 9:15 a.m. (Ord. 400 § 4, 1933. Prior code § 8.20.040)

12.32.050 Removal of snow and ice from sidewalks.

It is the duty of every person having charge or control of any premises located within the city to remove or cause to be removed from the public walks along the side or in front of the premises all snow or ice which has formed or been deposited therein within 24 hours after the same has fallen or been formed and to also cause such snow or ice to be removed from the gutter in front of such walks of a sufficient width to allow the water to run freely therein. (Ord. 400 § 5, 1933. Prior code § 8.20.050)

12.32.060 Vehicles over 10,000 pounds.

A. The superintendent of public works is hereby authorized to determine and designate those streets within the city upon which shall be prohibited the use of the roadway by any vehicle, except an authorized emergency vehicle, exceeding 10,000 pounds gross weight, and shall erect appropriate signs giving notice thereof.

B. When signs are so erected giving notice thereof, it shall be unlawful for any person to disobey the restrictions stated on such signs. Any person convicted of a violation of the provisions of this section shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment. (Ord. 731 §§ 1, 2, 3, 1963. Prior code §§ 8.20.070, 8.20.080)

12.32.070 Removal of dirt or gravel.

Repealed by Ord. 1846. (Ord. 99 §§ 2, 3, 1903. Prior code §§ 8.22.020, 8.22.030 (part))

12.32.080 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall upon conviction thereof be fined in any sum not to exceed $100.00. (Ord. 400 § 6, 1933. Prior code § 8.20.060 (part))

Chapter 12.36
TRANSPORTATION IMPACT FEES

Sections:

12.36.010 Authority and purpose.

12.36.020 Definitions.

12.36.030 Geographic scope.

12.36.040 Imposition of transportation impact fees.

12.36.050 Assessment of impact fees.

12.36.060 Independent fee calculations.

12.36.070 Credits and adjustments.

12.36.080 Exemptions.

12.36.090 Appeals.

12.36.100 Special developments with minimum impact.

12.36.110 Establishment of an impact fee account for transportation.

12.36.120 Refunds.

12.36.130 Use of funds.

12.36.140 Relationship to SEPA.

12.36.150 Review and update of impact fees.

12.36.160 Miscellaneous provisions.

12.36.010 Authority and purpose.

A. This title is enacted pursuant to the city’s police powers, the Growth Management Act as codified in chapter 36.70A RCW, the enabling authority in chapter 82.02 RCW, chapter 58.17 RCW relating to platting and subdivisions, and the State Environmental Policy Act (SEPA), chapter 43.21C RCW.

B. The purpose of this title is to:

1. Develop a transportation impact fee program consistent with the transportation element of the Sumner comprehensive plan, the capital facilities plan and the six-year transportation improvement program, as set out in the 2002 Sumner transportation plan;

2. Ensure adequate levels of transportation and traffic service within the city consistent with the Sumner comprehensive plan;

3. Create a mechanism to charge and collect fees to ensure that all new development bears its proportionate share of the capital cost of off-site transportation facilities directly necessitated by new development in order to provide an adequate level of transportation service with the comprehensive plan;

4. Ensure adequate and fair collection and administration of such impact fees.

C. The provisions of this chapter shall be liberally construed to effectively carry out its purpose in the interests of public health, safety and welfare. (Ord. 2041 § 1 (part), 2003)

12.36.020 Definitions.

The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning.

1. “Act” means the Growth Management Act, chapter 36.70A RCW, as now in existence or as hereafter amended.

2. “Adequate level of transportation service” means a system of transportation facilities which have the capacity to serve development without decreasing levels of service below the city’s established minimum as set forth in the Sumner comprehensive plan.

3. “Capacity” means the maximum sustainable flow rate at which vehicles or persons can be expected to traverse a point or uniform segment of a lane or roadway during a specified period, usually expressed as vehicles per hour, passengers per hour, or persons per hour.

4. “Capital facility plan” means the adopted capital facilities plan element of the city’s comprehensive plan pursuant to chapter 36.70A RCW, and such plan as amended.

5. “City” means the city of Sumner.

6. “Council” means the city council of the city of Sumner.

7. “Department” means the department of public works for the city of Sumner.

8. “Development” is defined in SMC 18.04.0340; those definitions are applicable to this chapter.

9. “Development activity” means any construction or expansion of a building, structure, facility or use, any change in size of a building, structure, or facility, or any change in the use of land, that creates additional demand and need for transportation facilities.

10. “Director” means the director of the department of public works or the director’s designee.

11. “Dwelling unit” is defined in SMC 18.04.0360, and incorporated herein by this reference.

12. “Encumbered” means to reserve, set aside or otherwise earmark the impact fee in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities.

13. “Equivalent car trip” means the number of p.m. peak trips with passenger cars, light pickups and two-axle, six tire trucks with a gross weight of 18,000 pounds or less being considered one equivalent car trip. Larger and heavier vehicles with more than two axles and six tires with a gross weight of more than 18,000 pounds are considered trucks and are rated as four equivalent car trips for purposes of this chapter.

14. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other legal entity, or department or bureau of any governmental entity commencing a land development activity or land use change which creates the demand for additional transportation facilities, which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit.

15. “Finance director” means the finance director of the city of Sumner or his/her designee.

16. “Gross floor area (GFA)” means the total square footage of any building, structure, or use including accessory uses.

17. “Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use. For the purposes of the trip generation calculation, the floor area of any parking garages within the building shall not be included within the GLA of the entire building. GLA is the area for which tenants pay rent. It is the area that produces income.

18. “Hearing examiner” means the examiner who acts on behalf of the Sumner city council in considering and applying land use regulatory codes as authorized under chapters 2.58 and 18.56 SMC.

19. “Interest” means the interest rate earned by local jurisdictions in the state of Washington local government investment pool, if not otherwise defined.

20. “Multifamily dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more separated dwelling units.

21. “Owner” means the owner of record of real property; provided, that if the real property is being purchased under a recorded real estate contract or mortgage, the purchaser shall be considered the owner of the real property.

22. “P.M. peak hour” means the hour of the highest traffic demand between noon and midnight, typically 5:00 p.m. to 6:00 p.m.

23. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in the capital facilities plan and marked to be partially funded with impact fees as approved by the city council shall be considered a project improvement.

24. “System improvements” means public facilities that are included in the capital facilities plan and are designed to provide service areas within the community at large, in contrast to project improvements. These improvements generally are arterial streets requiring improvement to increase their capacity because of growth.

25. “Transportation impact fee” means a payment of money imposed by the city of Sumner on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the transportation facilities needed to serve new growth and development and is reasonably related to the new development that creates additional demand and need for public streets and roads, that is a proportionate share of the cost of the public streets and roads, and that is used for public roads and streets that reasonably benefit the new development. “Impact fee” does not include a reasonable permit or application fee otherwise established by city council resolution.

26. “Transportation impact fee account” means the account established for the transportation impact fees collected. The account shall be established pursuant to SMC 12.36.110 and comply with the requirements of RCW 82.02.070. (Ord. 2041 § 1 (part), 2003)

12.36.030 Geographic scope.

The boundaries within which impact fees shall be charged and collected are co-extensive with the corporate city limits, and shall include all unincorporated areas annexed to the city on and after the effective date of ordinance codified in this chapter. After adoption of interlocal agreements with other local and regional governments, geographic boundaries may be expanded consistent therewith. (Ord. 2041 § 1 (part), 2003)

12.36.040 Imposition of transportation impact fees.

A. The approving authority is hereby authorized to impose transportation impact fees on new development according to the provisions of this chapter.

B. Transportation impact fees:

1. Shall only be imposed for system improvements that are reasonably related to the new development;

2. Shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the new development;

3. Shall be used for system improvements that will reasonably benefit the new development; and

4. May be collected and spent only for system improvements which are addressed by the six-year transportation improvement program, as a subset of the Sumner capital facilities plan, identifying:

a. Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;

b. Additional demands placed on existing public facilities by new developments; and

c. Additional public facility improvements required to serve new development;

5. Should not be imposed to mitigate the same off-site transportation facility impacts that are mitigated pursuant to any other law;

6. Should not be collected for improvements to state transportation facilities unless the state requests such improvements and an agreement to collect such fees has been executed between the state/county and the city;

7. Shall not be collected for improvements to transportation facilities in other jurisdictions unless the affected jurisdiction requests such improvement and an interlocal agreement has been executed between the city and the affected jurisdiction for the collection of such fees;

8. Shall be collected only once for each building permit, unless changes or modifications to the building permit are proposed which result in greater direct impacts on transportation facilities than were considered when the building permit was first approved. (Ord. 2041 § 1 (part), 2003)

12.36.050 Assessment of impact fees.

All new development requiring a building permit as herein defined shall pay a transportation impact fee based on the number of new p.m. peak hour equivalent car trips generated by the development. The TIF shall be $1,165 per each new p.m. peak hour equivalent car trip generated by the development based on the current edition of the ITE Trip Generation Manual or actual independent field studies.

A. Upon June 11, 2003, the city shall collect impact fees from any applicant seeking a building permit from the city for any development activity within the city.

B. Upon June 11, 2003, where a change in use increases the trip generation by more than three p.m. peak hour trips, the director or his/her designee shall calculate a transportation impact fee based on the increases in the trip generation rate.

C. The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to SMC 12.36.060, and adjusted for any credits pursuant to SMC 12.36.070.

D. Payment of impact fees shall be made by the feepayer at the time the building permit is issued. The amount to be paid as mitigation under SEPA shall not be increased for any applicant that submitted a complete application for the building permit before the city established the impact fee rates.

E. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to SMC 12.36.070 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director or his/her designee pursuant to SMC 12.36.070 setting forth the amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, shall be collected from the feepayer at the time the building permit is issued.

F. The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded. (Ord. 2041 § 1 (part), 2003)

12.36.060 Independent fee calculations.

A. If in the judgment of the director or his/her designee, none of the fee categories set forth in the impact fee schedule guideline in effect at that time and on file in the public works department accurately describes or captures the impacts of the new development, the applicant shall conduct an independent fee calculation and the director may impose alternative fees on a specific development based on those calculations, once accepted by the city.

B. Feepayers may opt not to have the impact fees determined according to the impact fee schedule guideline in effect at that time and on file in the public works department. Such feepayers shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is sought. The independent fee calculation shall be prepared by a professional traffic engineer licensed in the state of Washington.

C. The documentation submitted and supporting an independent fee calculation shall clearly show new p.m. peak hour trip generation characteristics of the proposed development based on industry-accepted standards as articulated in the current edition of the ITE Trip Generation Manual or as determined from actual field studies. The modified fee shall be based on the cost per equivalent car trips established herein, and shall consider the alternative trip generation data.

D. An administrative fee shall be charged for each independent fee calculation. The fee shall be deposited with the city to pay for review of the independent fee calculation. The city may adjust the amount of the deposit at any time, as necessary, to pay for the appropriate review of the independent fee calculation. These fees shall be based on the city’s actual expended direct and indirect costs and expenses. The applicant shall deposit $250.00 to defray the cost and expense of the review of the independent fee calculation. The deposit will be applied against the city’s review costs from the time of the application to completion of the review process. The applicant’s deposit shall be credited toward the total cash deposit as described above. The cash deposit accrues no interest. If the deposit is expended, the city will require additional deposit(s) before further work is performed by city staff, or bill the account. Statements will include invoice documentation and are mailed on the tenth of each month. Payment is due by the first of the following month as shown on the billing statement. A monthly finance charge of one percent of the ending balance will be accessed on all unpaid balances. If no payment is made within 60 days, the account will be considered past due and all further city staff work on the project may be suspended. After 90 days past due, the city may take whatever action is necessary to collect past due amounts including referring the matter to the city attorney and/or a collection agency. The feepayer shall also pay reasonable fees to the city, in addition to the amount identified, if the city is required to perform additional work relating to the application, which may include, but is not limited to, the following:

1. Additional support services which shall include but are not limited to a traffic analysis.

2. Acts by the applicant which require that the city staff spend extraordinary time on related issues.

3. The city’s need to obtain consulting support services to assist the city when the scope of the application is beyond the city’s expertise or the city’s ability to review within a reasonable time. Authorization from the owner shall be required before the city enlists project consulting support services.

After the city completes its review, the actual costs and expenses will be determined and the cash deposit shall be adjusted to provide for a refund by the city or additional payment by the feepayer.

E. While there is a presumption that the calculations set forth in the current edition of the ITE Trip Generation Manual are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness.

F. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner subject to the procedures set forth in SMC 12.36.090. (Ord. 2041 § 1 (part), 2003)

12.36.070 Credits and adjustments.

A. A feepayer can request that a credit or credits for transportation impact fees be awarded to him/her for transportation project improvements provided by the feepayer if the land, improvements, and/or the facility constructed are identified as transportation system improvements that provide capacity to serve new growth in the capital facilities plan, or the director, at his/her discretion, makes the finding that such land, improvements, and/or facilities would serve the transportation goals and objectives of the capital facilities plan.

B. For each request for a credit or credits, the director shall determine the value of dedicated land by using available documentation or selecting an appraiser from a list of independent appraisers maintained by the department to determine the value of the land being dedicated. The value of land dedicated as right-of-way and qualifying for a credit in new developments shall be based on actual pre-development worth. The value of the improvements shall be based on the actual cost as determined through documentation submitted by the feepayer.

C. The feepayer shall pay the cost of the appraisal and shall deposit on account the estimated cost of the appraisal as determined by the director at the time the feepayer requests consideration for a credit.

D. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit.

E. Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

F. No credit shall be given for transportation project improvements or right-of-way dedications for direct access improvements to and/or within the development in question.

G. Credits shall be based on the current transportation impact fees in effect at the time the credit is approved by the director. The city of Sumner shall keep a record of these credits and apply them to future development permits. The statute of limitation for these credits is 10 years from the date of approval of the credit and the date a complete permit application is filed with the city.

H. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in SMC 12.36.090.

I. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate schedule, Attachment A*, has been reasonably adjusted for other revenue sources which are earmarked for, or proratable to, funding transportation facilities. (Ord. 2041 § 1 (part), 2003)

*Code reviser’s note: Attachment A is attached to Ordinance 2041 and is on file in the city clerk’s office.

12.36.080 Exemptions.

A. The following shall be exempted from the payment of transportation impact fees:

1. Replacement of a structure with a new structure of the same p.m. peak hour trip generation and use at the same site or lot when such replacement occurs within five years of the demolition or destruction of the prior structure;

2. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed;

3. Alterations of an existing nonresidential structure that does not expand the usable space;

4. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs;

5. A change in use where the increase in p.m. peak hour trip generation is less than the threshold stated in SMC 12.36.050(B);

6. Demolition, or moving of a structure out of the city;

7. Any building permit application that has been submitted to the department before 5:00 p.m. the business day before the first effective date of the transportation impact fee rate schedule and subsequently determined to be a complete application by the city;

8. Any business that moves location within the city and does not expand its business creating more new traffic as set forth in subsection C of this section. The use of any facilities remaining at the old location will be subject to impact fees based on the new use.

B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section. Determinations of the director shall be subject to the appeals procedures set forth in SMC 12.36.090.

C. The general policy to determine ownership of impact fees transferred from one location to another within the city limits is as follows:

1. Whoever paid the original impact fees has the rights to the credits.

2. In the case of businesses existing prior to the enactment of the ordinance codified in this chapter, the transfer credit shall remain with the business since it is their activity that generates the impact.

3. In the case of residential development, the credit shall remain with the property.

4. Credit for past uses on a property or delay of the use of transfer credits has a limitation of five years. If they are not used within this time frame, they shall become null and void. (Ord. 2041 § 1 (part), 2003)

12.36.090 Appeals.

A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fees at issue have been paid.

B. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director’s decision with respect to the independent fee calculation, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner.

C. Appeals shall be taken within 10 working days of the director’s issuance of a written determination by filing with the office of the hearing examiner a notice of appeal specifying the grounds thereof, and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of administrative decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation.

D. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in chapter 18.56 SMC. At the hearing, any party may appear in person or by agent or attorney.

E. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. In accordance with chapter 18.56 SMC, this is a Class IV decision. The decision of the hearing examiner shall be final.

F. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter. (Ord. 2041 § 1 (part), 2003)

12.36.100 Special developments with minimum impact.

A. Certain developments due to location, use, type, or other particular circumstances may not proportionally impact the street system in the city of Sumner. If the feepayer can demonstrate that their development does not meet any of the criteria set forth in SMC 12.36.040, the impact fee calculation may be reduced by the director to the extent it satisfies the requirements of SMC 12.36.040.

B. To qualify for a reduction in the fees set forth herein, the feepayer must have a qualified traffic engineer licensed in the state of Washington prepare a complete transportation impact analysis (TIA) and submit that report to the director or his/her designee for review and evaluation. All costs associated with the TIA, including preparation and review, shall be borne by the feepayer.

C. The decision of the director regarding any or no reduction in impact fees based on the TIA may be appealed by the applicant as set forth in SMC 12.36.090. (Ord. 2041 § 1 (part), 2003)

12.36.110 Establishment of an impact fee account for transportation.

A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the city.

B. There is hereby established a separate impact fee account for the fees collected pursuant to this chapter: the transportation impact account. Funds withdrawn from this account must be used in accordance with the provisions of SMC 12.36.130. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected.

C. On an annual basis, the financial director shall provide a report to the council on the transportation impact account showing the source and amount of all moneys collected, earned, or received, and the transportation improvements that were financed in whole or in part by impact fees.

D. Impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the delay. (Ord. 2041 § 1 (part), 2003)

12.36.120 Refunds.

A. If the city fails to expend or encumber the impact fees within six years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to SMC 12.36.110, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis.

B. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant(s) must be the owner(s) of the property.

C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.

D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on appropriate transportation system improvements.

E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city.

F. If and when the city seeks to terminate any or all components of the transportation impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail to the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for appropriate transportation system improvements. This notice requirement shall not apply if there are no unexpended or unencumbered balances within an account or accounts being terminated.

G. The city shall also refund to the developer of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur. (Ord. 2041 § 1 (part), 2003)

12.36.130 Use of funds.

A. Pursuant to this chapter, transportation impact fees:

1. Shall be used for transportation improvements that will reasonably benefit the new development; and

2. Shall not be imposed to make up for deficiencies in transportation facilities serving existing developments; and

3. Shall not be used for maintenance or operations.

B. As a general guideline, transportation impact fees may be used for any transportation improvements which could otherwise be funded by a bond issue of the city.

C. Transportation impact fees may