Chapter 12.110


12.110.010    Authority and purpose.

12.110.020    Definitions.

12.110.030    Significant adverse impacts.

12.110.040    Mitigation and payment of costs.

12.110.050    Interjurisdictional agreements.

12.110.060    Relation to other permit authority.

12.110.010 Authority and purpose.

(1) This chapter is enacted pursuant to the State Environmental Policy Act and Chapter 58.17 RCW, and per RCW Title 35A.

(2) The purpose of this chapter is to:

(a) Assure adequate levels of service, safety, and operating efficiency on the City of Covington street system, at intersections serving and directly impacted by proposed new development;

(b) Establish standards for intersection operation and define the relationship between new developments on road intersection function;

(c) Identify development conditions to assure intersection capacity, safety and operational efficiency; and

(d) Require that owners of new developments pay the proportionate costs of required intersection improvements. (Ord. 38-02 § 2 (12.80.010))

12.110.020 Definitions.

(1) “Highway capacity manual (HCM)” means the “2000 Highway Capacity Manual” published by the Transportation Research Board of the National Research Council.

(2) “Street standards” shall have the same meaning as the “City of Covington Design and Construction Standards,” as adopted in Chapter 12.60 CMC. (Ord. 27-16 § 10; Ord. 38-02 § 2 (12.80.020))

12.110.030 Significant adverse impacts.

For the purposes of SEPA and this chapter, a significant adverse impact is defined as any traffic condition directly caused by proposed development that would reasonably result in one or more of the following conditions at the time any part of the development is completed and able to generate traffic:

(1) A roadway intersection that provides access to a proposed development, and that will function at a level of service worse than “D,” and that will carry five or more added vehicles in any one-hour period as a direct impact of the proposed development, and that will be impacted by at least 10 percent of the new traffic generated from the proposed development in that same one hour period; or

(2) A roadway intersection or approach lane where the Director determines that a hazard to safety could reasonably result. (Ord. 38-02 § 2 (12.80.030))

12.110.040 Mitigation and payment of costs.

(1) Based on the identification of intersection standards being exceeded using analytical techniques and information acceptable to the Director, the owner of a proposed development shall be required to provide improvements which bring the intersection into compliance with intersection standards, or that return it to its pre-project condition, or pay a proportionate share of the costs to improve the intersection as may be required by the Director.

(2) Approval to construct the proposed development shall not be granted until the owner has agreed to build or pay fair and equitable costs to build the improvements required by the Director within the time schedule set by the Director.

(3) At the discretion of the Director, and based on technical information regarding traffic conditions and expected traffic impacts, the City may require that the owner of a proposed development pay the full costs of required intersection standards improvements required under this title.

(4) No administrative fees shall be charged for IS review; however, the owner of a proposed development is responsible for the costs of any traffic study needed to determine traffic impacts and mitigation measures at intersections, as determined by the Director. (Ord. 20-07 § 41; Ord. 38-02 § 2 (12.80.040))

12.110.050 Interjurisdictional agreements.

(1) Nothing in this section shall prevent the City from entering into agreements with the WSDOT or other local jurisdictions for the collection of fees and the mitigation of traffic on State highways and/or County and/or City arterials that may be caused by developments proposed in the City of Covington. The level of service standards used in such agreements shall be those of the City, the WSDOT, the applicable local jurisdiction, or some combination of them, as provided in the agreement.

(2) Nothing in this section shall prevent the continuation, modification, or fulfillment of existing City agreements with the WSDOT and local jurisdictions that were in force at the effective date of the ordinance codified in this chapter. (Ord. 38-02 § 2 (12.80.050))

12.110.060 Relation to other permit authority.

The procedures set forth in this chapter do not limit the authority of the City of Covington to deny or to approve with conditions the following:

(1) Any zone reclassification request, based on its expected traffic impacts;

(2) Any proposed development or zone reclassification if the City of Covington determines that a hazard to safety would result from its direct traffic impacts without roadway or intersection improvements, regardless of level of service standards; or

(3) Any proposed development reviewed under the authority of the Washington State Environmental Policy Act. (Ord. 38-02 § 2 (12.80.060))