Chapter 6.02
REQUIRED INFRASTRUCTURE IMPROVEMENTS*

Sections:

6.02.010    Construction standards adopted.

6.02.020    Intention.

6.02.030    Purpose.

6.02.040    Scope and exceptions.

6.02.050    General.

6.02.060    Procedure.

6.02.070    Criteria for requiring infrastructure improvements.

6.02.080    Criteria for deferral of infrastructure improvements.

6.02.090    Enforcement.

6.02.100    Appeals.

*Cross reference(s) – Department of public works, ch. 2.28; subdivisions, ch. 12.04.

State law reference(s) – Public improvements, RCW 35.43.010 et seq.

6.02.010 Construction standards adopted.

The city hereby adopts the 2009 City of Kent Design and Construction Standards (“construction standards”) and all codes, standards, and provisions cited therein in Section 1.6. One (1) copy of the construction standards is on file in the city clerk’s office.

(Ord. No. 1672, § 1; Ord. No. 3325, § 1, 11-27-96; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.04.010)

6.02.020 Intention.

It is intended that the construction standards shall become the base specifications and standards for the construction of and improvements to city infrastructure including: streets, alleys, sanitary sewer systems, water distribution systems, storm drainage systems, and other transportation, telecommunications and utility systems and associated appurtenances. It is also intended that the construction standards shall govern all permits for excavation and grading in the city and be applicable to the city’s own projects for public works.

(Ord. No. 1672, § 1; Ord. No. 3325, § 2, 11-27-96; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.04.020)

State law reference(s) – Streets, RCW 47.24.010 et seq.

6.02.030 Purpose.

A. The purpose of this chapter is to establish:

1. The intention of the city to require each developer for a development permit (“developer”) to construct or install reasonable infrastructure improvements; and

2. Procedures to determine the nature, extent, and location of the required infrastructure improvements; and

3. Criteria that will be used to determine the nature, extent and location of the required infrastructure improvements.

B. The criteria established in this chapter do not satisfy or supersede additional requirements imposed by the city under other code provisions or the State Environmental Policy Act.

(Ord. No. 2224, § 1; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.010)

6.02.040 Scope and exceptions.

All development in the city will require infrastructure improvements as conditions of permit except when:

A. The permit is to make additions, alterations, or repairs of less than fifty thousand dollars ($50,000) in cost to any site, as that term is defined in the standards. This threshold amount shall be automatically adjusted annually by the percentage increase or decrease in the Washington State Department of Transportation Construction Cost Index; or

B. The permit is to make additions, alterations or repairs of fifty thousand dollars ($50,000) or more in cost to any site, such threshold amount to be subject to the automatic adjustment described in subsection (A) of this section, if the developer proves to the public works director or his or her designee (“director”) that the additions, alterations or repairs will result in no adverse impacts to existing infrastructure; or

C. The permit is to make wholly interior improvements within an existing structure.

Provided, however, that if a developer chooses to make any infrastructure improvements for a development permit that would otherwise be exempt, then such improvements shall be in compliance with the construction standards.

(Ord. No. 2224, § 2; Ord. No. 2353, § 1; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.020)

6.02.050 General.

The city shall require each developer not exempted by this chapter to install or otherwise provide for the following infrastructure improvements in compliance with the construction standards:

A. Adequate rights-of-way and paved streets;

B. Street lighting systems;

C. Curbs, gutters, sidewalks, and landscaping;

D. Storm drainage systems;

E. Sanitary sewer systems;

F. Domestic water and fire systems;

G. Traffic control systems;

H. Conduit for fiber optic systems.

(Ord. No. 2224, § 3; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.030)

6.02.060 Procedure.

A. Generally. After consultation with representatives of the departments listed in subsection (B) of this section, the director shall tentatively determine:

1. The nature, extent, and location of the infrastructure improvements that are to be provided within the criteria set forth in KCC 6.02.070;

2. Whether to require the developer to:

a. Install necessary infrastructure improvements; and/or

b. Pay a fee in lieu of construction; and/or

c. Execute and record a covenant to run with the land agreeing not to protest the formation of a local improvement district to finance any deferred infrastructure improvements required under this chapter; and/or

d. Provide plat guarantees as set forth in the construction standards to secure the later construction of the required infrastructure improvements.

The director shall discuss the tentative determination with the developer in relation to the criteria of KCC 6.02.040. After any resulting modifications deemed appropriate by the director, the director shall inform the developer of the final determination.

B. Interdepartmental review. Before making the final determination required by subsection (A) of this section, the director shall consult with and may incorporate or modify the recommendations of representatives from the following departments of the city:

1. Police;

2. Fire;

3. Community development;

4. Parks and recreation.

The director may consult with other city departments as appropriate. Department representatives shall use only the criteria in this chapter to formulate their recommendations.

(Ord. No. 2224, § 4; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.040)

6.02.070 Criteria for requiring infrastructure improvements.

The director shall use only the following criteria in making the determinations required by KCC 6.02.060(A)(1):

A. If the city council, through an approved plan or policy, has, by ordinance or resolution, established the nature, extent, and location of infrastructure improvements to be provided in the vicinity of the property for which the development permit is sought, the director shall require infrastructure improvements under this chapter consistent with the nature, extent, and location thereof as established by the city council.

B. If the city council has not established the nature, extent and location of infrastructure improvements in the vicinity of the property for which the development permit is sought:

1. The director shall require the appropriate infrastructure improvements if the director has first explored alternatives to requiring the developer to provide the improvements and has found these alternatives in his opinion not reasonably feasible, and if the director additionally finds any of the following:

a. Similar infrastructure improvements already exist or are scheduled in the immediate vicinity of the property for which the development permit is sought;

b. The proposed use of the property for which the development permit is sought necessitates the installation of the infrastructure improvements;

c. The property for which the development permit is sought is located in close proximity to an activity center, defined as a park, school, commercial center, large employment center, large multifamily development or any other public or private development where people or activities are concentrated, and that the required improvements will enhance access to this activity center and that it is in the best interests of the residents of the city to enhance access to this activity center;

d. Physical characteristics of the property for which a development permit is sought, including but not limited to topography, slope, soil type, drainage pattern, or vegetation, necessitate the installation of infrastructure improvements;

e. Infrastructure improvements are necessary to maintain water quality; or

f. For any other reason, the infrastructure improvements are in the public interest. If the director requires infrastructure improvements under this subsection, the director shall make written findings and conclusions specifying the public interest that necessitates the improvements and the manner in which these improvements will fulfill this public interest.

2. The public works director shall require any infrastructure improvement to comply with the construction standards.

(Ord. No. 2224, § 5; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.050)

6.02.080 Criteria for deferral of infrastructure improvements.

The director may allow the developer to defer the construction of portions of the required infrastructure improvements where such improvements will result in only partial structures, where anticipated future development and/or planned city public works projects will result in more complete and logical systems, and where such deferral is otherwise in the public interest. Upon the determination of the director to allow deferral, the developer shall secure its contribution pursuant to KCC 6.02.060(A)(2).

(Ord. No. 2224, § 6; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.060)

6.02.090 Enforcement.

A. Infrastructure improvements and the conditions of any deferrals required by the director under this chapter shall be listed as conditions of approval and shall become part of the approved development permit.

B. Procedure. The provisions required by the director under subsection (A) of this section shall be enforced as conditions of the approved development permits and otherwise as allowed by applicable law.

(Ord. No. 2224, § 7; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.070)

6.02.100 Appeals.

A. The determination of the director regarding the nature, location, and extent of infrastructure improvements shall be final, unless an appeal by the developer is made to the hearing examiner within fourteen (14) days after the director’s determination. The appeal shall be in writing to the hearing examiner and filed with the public works department. The hearing examiner shall act on the appeal within sixty (60) days unless an extension thereto is agreed to, in writing, by the developer. The hearing examiner should review the decision of the director to assure compliance with this chapter, the general purposes of the comprehensive plan of the city as well as all adopted ordinances, resolutions and standards.

B. A fee of twenty-five dollars ($25) shall be paid at the time of filing the written appeal. The appeal will not be accepted unless accompanied by full payment.

C. The decision of the hearing examiner may be appealed to the city council pursuant to the rules and procedures established for the hearing examiner under Ch. 2.32 KCC.

D. Decisions of the director with respect to compliance with the construction standards shall be final with no administrative appeal.

(Ord. No. 2224, § 8; Ord. No. 3927, § 4, 8-18-09. Formerly Code 1986, § 4.14.080)

Cross reference(s) – Hearing examiner, ch. 2.32.