Chapter 12.04


12.04.005    Underground distribution utilities required.

12.04.010    Documents adopted by reference.

12.04.020    Extensions of public works – Design review – Expense.

12.04.030    Definitions.

12.04.040    Frontage improvement exemption.

12.04.045    Frontage improvement charge funded projects.

12.04.005 Underground distribution utilities required.

The policy of the city is to have all existing and new utilities, communication/data lines, and all other above-ground wiring placed underground at the time new development occurs or when the major structure on the site is replaced. All properties adjacent to public roadways are included.

A. Existing Wiring Systems to Be Placed Underground. For the purposes of this section, existing wiring shall include all distribution wiring run into parcels from utility poles next to public roadways within or adjacent to the development. This includes both existing utility poles and any tension lines. New tension lines and guy wires are allowed where required.

B. New Wiring Systems to Be Placed Underground. Any construction activities related to development of all subdivisions, short plats, multifamily construction, public facilities, or commercial construction shall place all existing and new utilities underground for internal development as well as along the existing and new street frontage adjacent to the project.

C. The Minimum Amount of Above-Ground Wires to Be Placed Underground. Undergrounding is required from existing pole to existing pole, even if this extends outside the boundaries of the parcels being developed. No new utility poles will be installed. At the discretion of the developer and with approval of the appropriate utility provider(s), utility poles located outside the development boundaries may be moved to the property line of the development to minimize impact on adjacent properties. Any landscaping or facilities on adjacent properties damaged by relocation of utility poles shall be fully restored in a timely manner at the developer’s cost. Owners of these adjacent properties shall be contacted at the earliest opportunity by the developer to coordinate work on their properties.

D. Secondary Services Provided to Properties Adjacent to the Development. Service that extends from primary services that are required to be placed underground by this section to adjacent properties shall be placed underground by the developer. No financial impact on adjacent property owners will be incurred absent agreement between a developer and an adjacent property owner. Any service interruption shall be minimized to the maximum extent practical. Any landscaping or facilities on adjacent properties damaged by placing these secondary service connections underground shall be fully restored in a timely manner by the developer. Owners of these adjacent properties shall be contacted at the earliest opportunity by the developer to coordinate work on their property.

E. Completion of Undergrounding. Developers must complete the undergrounding of existing utility lines prior to receiving the certificate of occupancy, except that model homes may receive a certificate of occupancy while awaiting placement of above-ground utilities underground.

F. Exceptions to the Undergrounding Requirement. Placing existing utilities underground shall be waived for:

1. All residential short plats of four lots or less, and duplexes, triplexes, and fourplexes where new public roads are not built, unless the property owner voluntarily places the above-ground utilities underground; or

2. Construction of accessory dwelling units (BLMC 18.22.090), tenant improvements (BLMC 19.02.030), minor additions, or other minor improvements to existing structures on residential or commercial parcels; or

3. New development for which the city has determined that no other frontage improvements are required as a condition of the development; or

4. Where existing Puget Sound Energy transmission lines are classified as providing voltages greater than 15,000 volts. All substations are also included in this exemption. In this case, all other above-ground utilities/lines will still be placed underground; or

5. If otherwise approved by the city engineer where unique site conditions exist such as topographic constraints, or when undergrounding would create public safety concerns.

G. Fee In Lieu of Placing Existing Above-Ground Utilities Underground. When one of the exceptions set out in subsection F of this section is approved, other than the exception in subsection (F)(2) of this section, a fee shall be paid to the city in the amount of $257.30 per linear foot of frontage adjacent to or in the right-of-way of a public road.

H. Annual Fee Adjustment. The fee set out in subsection G of this section shall be updated annually at a rate adjusted in accordance with the Engineering News Record (ENR) Construction Cost Index (CCI) for the Seattle area, using an October to October annual measure to establish revised fee schedules effective January 1st of the subsequent year.

I. Use of Fees Set Out in Subsection G of This Section. Fees shall be placed in a separate account within the city’s accounting system for monitoring purposes. These fees shall be used solely to place above-ground utilities underground at the direction of the city engineer. (Ord. 1702 § 2, 2023; Ord. 1639 § 1, 2020; Ord. 1283 § 2, 2008).

Code reviser’s note: Effective January 1, 2024, the rates in this section have been updated pursuant to subsection H of this section, which permits this update without an adopting ordinance.

12.04.010 Documents adopted by reference.

Adopt the following documents as standards for new construction of public works projects within the city:

A. 2018 Standard Specifications for Road, Bridge and Municipal Construction, published by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter, and any subsequent revisions; and

B. City of Bonney Lake Development Policies and Public Works Design Standards, updated March, 2018. (Ord. 1594 § 1, 2018; Ord. 1421 § 1, 2012; Ord. 1335 § 1, 2009; Ord. 1261 § 1, 2007; Ord. 1126 § 1, 2005; Ord. 949 § 1, 2002; Ord. 798 § 1, 1998; Ord. 589B § 1, 1993; Ord. 589 § 2, 1987).

12.04.020 Extensions of public works – Design review – Expense.

A. If a developer or other person desires to extend the public roads, storm drainage, sewer or water systems, the developer may do so under contract with the city and at the developer’s own expense; provided, the developer can comply with all the standards and conditions and other requirements of the city.

B. All developers shall furnish the city complete plans, cost estimates and specifications for the proposed extensions. The developer may consult the city’s public works director, prior to designing the extensions in order to expedite such design. Inspection of the construction will be by the city public works director or his designee, the cost of which shall be paid by the developer. The public works director may determine that the city will contract directly with a consultant for a review of the developer’s extension or installation plans and may bill the cost of such consultant to the developer. The public works director shall advise the applicant of the estimated costs of the inspection and review prior to the incurring of those costs; the applicant shall post bond, or otherwise ensure payment of such costs.

C. The city reserves the right to approve or reject any developer’s extension or installation. All materials shall be new and bills of materials and evidence of payment of all bills and other necessary data will be required prior to acceptance of the new extensions. Prior to acceptance by the city the developer must convey the extension to the city together with all necessary easements before actual connection. (Ord. 589C § 1, 1994).

12.04.030 Definitions.

A. “Frontage” or “street frontage” is defined as that portion of the property that abuts city right-of-way.

B. “Frontage improvement charge” or “FIC” means the amount the developer may elect to pay in lieu of physical improvements.

C. “New development” is defined as the construction of a nonresidential project which requires permits from the city, duplex, multifamily building, short subdivision, or subdivision. (Ord. 1581 § 1, 2017; Ord. 1580 § 8, 2017; Ord. 1314 § 1, 2009).

12.04.040 Frontage improvement exemption.

Divisions of land of four lots or less and residential developments containing four or less units shall be required to:

A. Pay a one-time frontage improvement charge (FIC) to the city in the amount of $178.16 per linear foot of property that abuts city right-of-way.

1. Frontage improvement charges shall be paid prior to the time when the plat is finalized.

2. Beginning January 1, 2010, and for every year thereafter, the FIC listed in this section shall be adjusted by the annual change in the most recent WSDOT Construction Cost Index Report. The adjusted rate shall be available for public inspection in the office of the city clerk.

3. The city administrator or his/her designee shall calculate the FIC as set forth in this chapter.

4. The method of calculating the FIC shall incorporate, among other things, the amount of frontage length to public roads.

5. The city administrator may adjust the standard fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that the FIC is calculated fairly.

B. The director shall have the authority to require the developer to construct frontage improvements, in lieu of the frontage improvement charge, along the public right-of-way in conformance to city standards where it is determined that the frontage improvements are part of a known project identified within the city’s current mobility plan. (Ord. 1702 § 3, 2023; Ord. 1314 § 2, 2009).

Code reviser’s note: Effective January 1, 2024, the rates in this section have been updated pursuant to subsection (A)(2) of this section, which permits this update without an adopting ordinance.

12.04.045 Frontage improvement charge funded projects.

A. Frontage improvement charges (FIC) shall be placed in appropriate deposit accounts within the street capital improvement fund.

B. The FIC shall be held and disbursed as follows:

1. The FIC shall be used for costs incurred within city capital improvement projects (CIP) that are subject to the design or construction of sidewalk, curb and gutter within city right-of-way and for projects identified within the city’s current non-motorized transportation plan.

2. When the city council appropriates FIC funds for a project in the street CIP, FIC held within such fund may be used in accordance with the street CIP.

3. All interest earned on frontage improvement charges paid shall be retained in the account and expended for the purpose or purposes for which the fees were imposed.

C. The city shall prepare an annual report on the FIC showing the source and amount of all moneys collected, earned or received and projects that were financed in whole or in part by charges. (Ord. 1314 § 3, 2009).