HomeMy WebLinkAboutUtilities 2009-09-29 Item 3C - Ordinance - TMC Chapter 11.08 Permit Fees for Right-of-Way and Private Property AmendmentCity of Tukwila
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Interim Public Works Director's
DATE: September 23, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: Amend TMC Subsections 11.08.020 and 11.08.060
Relating to Permit Fees for Right -of -Way and Private Property
Jim Haggerton, Mayor
ISSUE
Amend and update Chapters 11.08.020 and 11.08.060 of the TMC for revised permit
fees pursuant to the Settlement Agreement with King County Water District 125.
BACKGROUND
The Settlement Agreement with King County Water District 125 was approved by City
Council at the August 17, 2009 Regular Meeting. The Agreement requires changes to
Chapters 11.08.020 and 11.08.060 of the TMC to clarify permit fees.
RECOMMENDATION
The Council is being asked to approve this ordinance amending TMC Subsections
11.08.020 and 11.08.061 and to consider this item at the October 12, 2009 Committee
of the Whole meeting and subsequent October 19, 2009 Regular Meeting.
Attachment: Draft Ordinance.
W: \PW Eng \OTHER \Bob Giberson \Info Memo Ordinance amending TMC 11.08.020 and 11.08.060.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SUBSECTIONS 11.08.020(C) AND 11.08.060(D),
RELATING TO PERMIT REQUIREMENTS FOR ONSITE DEVELOPMENT ON
PRIVATE PROPERTY, PERMIT FEES AND CHARGES FOR PERFORMING WORK
IN A PUBLIC RIGHT -OF -WAY, AND FOR PUBLIC WORKS PROJECTS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City desires to amend its regulations to provide that Type C1 permits are
required for grading and infrastructure work for onsite development on private property, and
that Type C2 permits are required for grading and infrastructure work within the public right
of -way; and
WHEREAS, the City desires to amend its regulations to provide that fee amounts charged
by the City to developers for both Type C1 and C2 Permits shall be determined from the value
of the construction on private property and /or within the right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.020(C) is hereby amended to read as follows:
C. Type C Infrastructure and Grading on Private Property and City Right -of -Way and
Disturbance of City Right -of -Way.
1. Type C1 permits shall be required for onsite development, including but not limited
to, infrastructure work and grading performed on private property. Type C2 permits shall be
required for infrastructure work and grading within the public right -of -way. Type C1 and C2
permits may be issued for a period not in excess of 180 continuous days for activities that may
alter the appearance of, or disturb the surface or subsurface of, the City right -of -way.
2. Type C1 and C2 permits include, but are not limited to:
a. Boring.
b. Culverts.
c. Curb cuts.
d. Paving.
e. Drainage facilities.
f. Driveways.
g. Fences.
h. Landscaping.
i. Painting /Striping.
j. Sidewalks.
k. Street trenching.
1. Utility installation, repair, replacement.
Section 2. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.020(D) is hereby amended to read as follows:
D. Type C1 permits shall be required for onsite development, including but not limited to,
infrastructure work and grading performed on private property. The total fees for Type C1
permits shall consist of the following parts:
1. An Application Base Fee, which is associated with establishing the necessary files;
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2. A fee associated with the plan review and approval of the construction plans;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction on private
property; and
4. A Grading Plan Review.
For Type Cl permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates.
E. Type C2 permits shall be required for infrastructure work and grading performed
within the City right -of -way. The total fees for Type C2 permits shall consist of the following
parts:
1. An Application Base Fee, which is associated with establishing the necessary files;
2. A fee associated with the plan review and approval of the construction plans fee
amount determined from the value of the construction within the public right -of -way;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction within the public
right -of -way;
4. A pavement mitigation fee associated with the loss of pavement life from the
proposed excavation in the public right -of -way fee amount determined from the square
footage of excavation being performed and the age of the pavement; and
5. A Grading Plan Review.
For Type C2 permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates. Monies derived from
the above charges shall be deposited to the General Fund of the City.
F. A non refundable deposit, equal to the fee associated with an application base fee and
the review and approval of construction plans, is due and payable prior to starting the review,
with the balance of the total fee due and payable prior to issuance of the permit. Two reviews
of the construction plans are included in the above referenced fee an original review and a
follow -up review associated with a correction letter. Each additional re- review, which is
attributed to the developer's action or inaction, shall be charged as a separate transaction in
accordance with the fee schedule. Should additional fees for re- review be imposed, they will be
added to the balance due and be payable prior to issuance of the permit.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage
and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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