HomeMy WebLinkAboutO-2573 - Amends Chs. 18B.04, 18B.06, 18B.08, 18B.10, 18B.12, 18B.14, 18B.20 and 18B.22, traffic impact fees and mitigation (Repealed by 2852)-------,-------------------_.._------_._-----------------,
CITYOF MARYSVILLE
Marysville,Washington
ORDINANCE NO.::l...57.3
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON,UPDATING THECITY'S TRAFFIC IMPACT FEE
REGULATIONS AND AMENDING TITLE 18B OF THE
MARYSVILLE MUNICIPAL CODE.
WHEREAS, as one ofthe cities in Snohomish County, the City of Marysville is
required under RCW 36.70A.130(4)(a)to review and,if needed, revise its comprehensive
plan and development regulations to ensure that the plan and regulations comply with the
Growth Management Act (GMA); and
WHEREAS, in reviewing and updating the City's Comprehensive Plan and development
regulations as required by the GMA, the City has identified various provisions in its traffic
impact fee regulations as needing to be revised, as set forth in Ordinance,;(569 and the
findings adopted therein; and
WHEREAS, the revisions adopted herein are intended to update the City's traffic
impact fee regulations,as part of the GMA update process referenced above;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON,DO ORDAIN AS FOLLOWS:
Section I. Title 18B of the Marysville Municipal Code is hereby amended by
amending Chapters 18B.04, 18B.06, 18B.08,18B.I0,18B.12, and 18B.14 to read as follows:
Chapter 188.04
Declaration of Purpose
Sections:
188.04.010 Declaration of Purpose
188.04.010 Declaration of purpose.
The purpose of Title J 8B of the MarysviJle Municipal Code is to ensure that public
health, safety and welfare will be preserved by having safe and efficient roads serving new
and existing developments by requiring all development, as defined in MMC 188.08.020,to
mitigate traffic impacts, which may include a proportionate share payment reasonably related
ORDINANCE -1
W/wp£'mv/ord.DOP ,I
,-i •...l
-----------
to the traffic impact of the proposed development and construction of road improvements and
dedication of rights-of-way reasonably necessary as a result of the direct traffic impact of
proposed developments.
This title is intended to ensure that city policy for the provision of safe and adequate
access and the allocation of responsibility for immediate or future road improvements
necessitated by new development is fairly and consistently applied to all developments.The
requirements of this title apply to all developments and road systems meeting the definitions
of Chapter 18B.08 MMC.Mitigation of impacts on state highways,city streets or county
roads will be required in accordance with the provisions of this title when the WSDOT,city or
county has reviewed the development's impact under its policies adopted pursuant to Chapter
36.70A RCW or its formally designated environmental policies,as applicable,and has
recommended to the city that there be a requirement to mitigate the impact; and in the event of
traffic impacts on state highways OJ:county roads there is an agreement between the city and
the other affected agency or jurisdiction which specifically addresses impact identification,
documentation,and mitigation,and which references the policies adopted pursuant to Chapter
36.70A RCW and environmental policies formally designated by the agency or jurisdiction as
possible bases for the exercise of authority under Chapter 36.70A or State Environmental
Policy Act (SEPA).
This title requires the analysis and mitigation of a development's traffic impact on the
public road system.In order to quantify the continuing need for road improvements on the
public road system anticipated by projected growth,the public works department is authorized
to develop and update a capital facilities element of the Comprehensive Plan based on and
consistent with the Comprehensive Plan's transportation element. The capital facilities
element shall be used in evaluating the traffic impact of developments and determining
necessary mitigation of such impacts.(Ord.2279,1999).
Chapter 18B.06
RELATIONSHIP TO
ENVIRONMENTAL IMPACTS
Sections:
18B.06.010 Relationship to environmental impacts.
The requirements of this title,together with the comprehensive plan adopted pursuant
to Chapter 36.70A RCW,MMC Titles 18, 19 and 20, and other development regulations and
policies that may be adopted,constitute the policy of the city under the GMA and SEPA for
the review of development and the determination of significant adverse environmental
impacts and imposition of mitigation requirements due to the impacts of development on the
transportation system.Measures required by this title shall constitute adequate mitigation of
ORDINANCE - 2
W/wpf/mv/ord.DOP cI
.,-.
adverse or significant adverse environmental impacts on the road system for the purposes of
Chapter 19.22 MMC to the extent that the director determines the specific impacts of the
development are adequately addressed by this title in accordance with Chapter 43.21C RCW
as allowed by Chapter 36.70B RCW.
As a policy of the city, the provisions of this title do not limit the ability of the
approving authority to impose mitigation requirements for the direct impacts of development
on state highways, or county streets,where the other affected jurisdiction lies outside the road
system of a development,as defined by this title;provided,that there is an agreement between
the city and another affected jurisdiction which specifically addresses level-of-service
standards,impact identification,documentation,and mitigation,and which references the
environmental policies formally designated by the agency or jurisdiction and it is determined
that an adverse environmental impact would result from the approval of a development
without the imposition of such additional mitigation measures.
In accordance with RCW 43.21C.065 and 82.02.100,a person required to make a
proportionate share mitigating payment under a SEPA payment program or pay an impact fee
under a GMA mandatory impact fee program shall only be required to make a payment or pay
a fee pursuant to either SEPA or the GMA,but not both for the same system improvements.
(Ord. 2279, 1999).
Chapter 18B.08
DEFINITIONS
Sections:
18B.08.002 Approving authority.
18B.08.004 Arterial unit.
18B.08.006 Arterial unit in arrears.
18B.08.008 Capacity improvements.
18B.08.010 Capital facilities plan.
18B.08.0 12 Comprehensive plan.
18B.08.0 14 Dedication.
18B.08.016 Department.
18B.08.018 Developer.
18B.08.020 Development.
18B.08.022 Direct traffic impact.
18B.08.024 Director.
18B.08.026 Frontage improvements.
18B.08.028 Highway capacity manual.
18B.08.030 Inadequate road condition.
18B.08.032 Level-of-service (LOS).
ORDlNANCE - 3
W/wpffmv/ord.DOP cl
18B.08.034 Off-site road improvement.
18B.08.036 Public agency.
18B.08.038 Road.
18B.08.040 Road system.
18B.08.042 Transportation element.
18B.08.044 Transportation service area.
18B.08.046 WSDOT.
18B.08.002 Approving authority.
"Approving authority"means the city employee, agency or official having authority to
issue the approval or permit for the development involved. (Ord. 2279, 1999).
18B.08.004 Arterial unit.
"Arterial unit"means a road, segment of a road, or portion of a road or a system of
roads, or intersection,consistent with the level-of-service methodology adopted in the city
transportation element of the comprehensive plan and consistent with the criteria established
by the director, for the purpose of making level-of-service concurrency determinations.(Ord.
2279, 1999).
18B.08.006 Arterial unit in arrears.
"Arterial unit in arrears"means any arterial unit operating below the adopted level-of
service standard adopted in the transportation element of the comprehensive plan, except
where improvements to such a unit have been programmed in the city six-year transportation
improvement program adopted pursuant to RCW 36.81.121 with funding identified that
would remedy the deficiency within six years. (Ord. 2279, 1999).
18B.08.008 Capacity improvements.
"Capacity improvements"means any improvements that increase the vehicle and/or
people moving capacity of the road system. (Ord. 2279, 1999).
18B.08.010 Capital facilities plan.
"Capital facilities plan"means all documents comprising the capital facilities element
of the comprehensive plan that, for capital facilities,consists of an inventory of facilities
owned by public entities,forecasts of future needs, new and expanded facilities, and a multi-
year financing plan, adopted pursuant to Chapter 36.70A RCW. (Ord. 2279, 1999).
18B.08.012 Comprehensive plan.
"Comprehensive plan"means the generalized,coordinated land use policy statement
of the city council adopted pursuant to Chapter 36.70A RCW which may include a land use
plan, a capital facilities plan, a transportation element, subarea plans and any such other
documents or portions of documents identified as constituting part of the comprehensive plan
under Chapter 36.70A RCW. (Ord. 2279, 1999).
ORDINANCE - 4
W/wpf/mv/ord.DOP cI
,,
18B.08.014 Dedication.
"Dedication"means conveyance ofland to the city for road purposes by deed or some
other instrument of conveyance or by dedication on a duly filed and recorded plat or short
plat.(Ord.2279,1999).
18B.08.016 Department.
"Department"means either the city of Marysville public works or community
development department,whichever director is relevant to the city action being referred to in
this title.(Ord.2279,1999).
18B.08.018 Developer.
"Developer"means the person applying for or receiving a permit or approval for a
development as defined in MMC 18B.08.020.(Ord.2279,1999).
18B.08.020 Development.
"Development"means all the subdivisions,short subdivisions,industrial or
commercial building permits,conditional use permits,binding site plans (including those
associated with rezone applications),or building permits (including building permits for
multifamily and duplex residential structures,and all similar uses),changes in occupancy and
other applications pertaining to land uses:(I)requiring land use permits or approval by the
city of Marysville;or (2)which are located in areas of the county or other cities and which
will impact the city of Marysville's public road system;provided,that "development"does
not include building permits for single-family residential dwellings,attached or detached
accessory apartments,or duplex conversions,on existing tax lots. (Ord.2279,1999).
18B.08.022 Direct traffic impact.
"Direct traffic impact"means any new vehicular trip added by new development to its
road system as defined in MMC 18B.08.040.(Ord.2279,1999).
18B.08.024 Director.
"Director"means the director of the city of Marysville department of either public
works or community development or his/her authorized designee,whichever director is
relevant to the city action being referred to in this title. (Ord. 2279, 1999).
18B.08.026 Frontage improvements.
"Frontage improvements"means improvements on roadways abutting a development
and tapers thereto required as a result of a development.Generally,frontage improvements
shall consist of appropriate base materials;curb,gutter,sidewalk;storm drainage
improvements;bus pullouts and waiting areas where necessary;bicycle lanes and bicycle
paths where applicable;and lane improvements.(Ord.2279,1999).
ORDINANCE - 5
W/wpf/mv/ord.DOP cl
'..
18B.08.028 Highway capacity manual.
"Highway capacity manual"means the current Highway Capacity Manual,
Transportation Research Board,National Research Council,2101 Constitution Avenue,
Washington,D.C.;amendments thereto;and any supplemental editions or documents
published by the Transportation Research Board adopted by the U.S.Department of
Transportation,Federal Highway Administration.(Ord. 2279, 1999).
18B.08.030 Inadequate road condition.
"Inadequate road condition"means any road condition,whether existing on the road system or
created by a new development's access or impact on the road system,which jeopardizes the
safety of road users,including nonautomotive users,as determined by the city engineer in
accordance with the department policy and procedure for the determination of inadequate road
conditions.(Ord.2279,1999).
18B.08.032 Level-of-service (LOS).
"Level-of-service"means a qualitative measure describing operational conditions
within a traffic stream,and the perception thereof by road users.Level-of-service standards
may be evaluated in terms such as speed and travel time,freedom to maneuver,traffic
interruptions,comfort,convenience,geographic accessibility,and safety. The highway
capacity manual defines six levels of service for each type of facility for which analysis
procedures are available.They are given letter designations,from A to F, with level-of-service
A representing the best operating condition,and level-of-service F the worst.For the
purposes of this title,level-of-service will be measured only on arterial units.(Ord.2279,
1999).
18B.08.034 Off-site road improvement.
"Off-site road improvement"means improvement,except a frontage improvement,to
an existing or proposed city or county road outside the boundaries of a development,which
improvement is required or recommended in accordance with this title. (Ord.2279,1999).
18B.08.036 Public agency.
"Public agency"means any school district,public water,sewer or utility district;fire
district;airport district;public transportation benefit area; or local government agency seeking
a land use permit or approval reviewed under this title. (Ord.2279,1999).
18B.08.038 Road.
"Road"means an open,public way for the passage of vehicles,that,where
appropriate,may include pedestrian,equestrian and bicycle facilities.Limits include the
outside edge of sidewalks,or curbs and gutters,paths,walkways,or side ditches,including the
appertaining shoulder and all slopes,ditches,channels,waterways,and other features
necessary for proper drainage and structural stability within the right-of-way or access
easement.(Ord.2279,1999).
ORDINANCE - 6
W/wpf/mv/ord.DOP cI
"
18B.08.040 Road system.
"Road system"means those existing or proposed public roads,whether state, county or
city (including freeway interchanges with county roads or city streets and the ramps for those
interchanges but excluding freeway mainlines),within the transportation service area. (Ord.
2279, 1999).
18B.08.042 Transportation element.
"Transportation element"means the element of the city comprehensive plan that for
transportation consists of goals and policies,an inventory of facilities and services, adopted
level-of-service standards,an analysis of deficiencies and needs, system improvements and
management strategies and a multi-year financial plan, adopted pursuant to Chapter 36.70A
RCW. (Ord. 2279, 1999).
18B.08.044 Transportation service area.
"Transportation service area" means a geographic area of the city, as defined in the
transportation element,identified for the purpose of evaluating the transportation impacts of
development,determining proportionate shares of needed transportation improvements and
allocating revenue to transportation improvement projects. (Ord. 2279, 1999).
18B.08.046 WSDOT.
"WSDOT"means the Washington State Department of Transportation.(Ord. 2279,
1999).
Chapter 18B.I0
ROAD POLICY -GENERAL PROVISIONS
Sections:
188.10.010 Applicability to development - General.
18B.l 0.020 Director's recommendation,approval.
188.10.030 Excessive expenditure of public funds.
18B.l 0.040 Development mitigation obligations.
18B.I0.050 Road system capacity requirements.
18B.l 0.060 Level-of-service standards.
18B.I0.070 Inadequate road conditions.
18B.10.080 Frontage improvements.
18B.I0.090 Access and transportation circulation requirements.
188.10.1 00 Right-of-way requirements.
18B.l 0.110 State highways,cities, and counties.
18B.l 0.120 Director authorization for administrative policies and teclmical procedures.
18B.l 0.130 Development permit application completeness.
ORDINANCE - 7
W/wpf/mv/ord.OOP cl
------------------------------------------------"]
18B.I0.0I0 Applicability to development -General.
Any application for approval of a permit for a development in the city of Marysville is
subject to the provisions of this title. (Ord. 2279, 1999).
18B.I0.020 Director's recommendation,approval.
(l)In approving or permitting a development, the approving authority shall consider
the director's recommendations and act in conformity with this title.
(2) The director shall only recommend approval of a development,if, in the director's
opinion,adequate provisions for public roads, access, and mitigation ofthe transportation
impacts of the development are made as provided in the city's development regulations,
SEPA, and this title.
(3) The director shall only recommend approval of a development if the development
is deemed to be concurrent in accordance with MMC 18B.14.040. (Ord.2279,1999).
18B.10.030 Excessive expenditure of public funds.
If the location,nature, and/or timing of a proposed development necessitates the
expenditure of public funds in excess of those currently available for the necessary road
improvement or inconsistent with priorities established to serve the general public benefit, and
provision has not otherwise been made to meet the mitigation requirements as provided in this
title, the city may refuse to approve or grant a permit for development. As an alternative, the
city may allow the developer to alter the proposal so that the need for road improvement is
lessened or may provide the developer with the option of bearing all or more than the
development's proportionate share of the required road improvement costs, in which case the
developer may attempt to recover its investment from subsequent developers whose projects
utilize the road improvement.(Ord. 2279, 1999).
18B.I0.040 Development mitigation obligations.
Any application for approval of a permit for a development shall be reviewed to
determine any requirements or mitigation obligations that may be applicable for the following:
(I)Impact on road system capacity;
(2) Impact on specific level-of-service deficiencies;
(3) Impact on specific inadequate road condition locations;
(4)Frontage improvements requirements;
(5) Access and transportation system circulation requirements;
(6)Dedication or deeding of rights-of-way requirements;
(7) Impact on state highways, and other cities'and counties'roads;
(8)Transportation demand management measures. (Ord. 2279, 1999).
18B.I0.050 Road system capacity requirements.
The direct traffic impacts of any development on the capacity of all arterials and
nonarterials in the road system identified as needing future capacity improvements in the
ORDINANCE - 8
W/wpf/mv/ord.DOP cl
currently adopted transportation element will be mitigated either by constructing road
improvements which offset the traffic impact of the development or by paying the
development's share of the cost of the future capacity improvements.(Ord. 2279, 1999).
18B.10.060 Level-of-service standards.
(I)As required byRCW 36.70A.070(6)(b)standards for levels-of-service on city
arterials have been adopted by the city in its comprehensive plan adopted pursuant to the state
Growth Management Act. The department will plan,program and construct transportation
system capacity improvements for the purpose of maintaining these adopted level-of-service
standards in order to facilitate new development that is consistent with the city's
comprehensive plan.
(2) In accordance with RCW 36.70A.070(6)(e)no development will be approved
which would cause the level-of-service on any arterial unit to fall below the adopted level-of-
service standards unless improvements are programmed and funding identified which would
remedy the deficiency within six years.
(3) When the city council determines that excessive expenditure of public funds is not
warranted for the purpose of maintaining adopted level-of-service standards on an arterial
unit, the city council may designate, by motion,such arterial unit as being at ultimate capacity.
Improvements needed to address operational and safety issues may be identified in
conjunction with such ultimate capacity designation.
(4)Level-of-service standards for arterial units which have been designated by the city
council as ultimate capacity arterial units, and that directly connect state routes with a city,
may be determined jointly by the state,county and city through an interlocal agreement.
(5) In order to promote efficiency in the transportation system and to maximize the
benefits received from public investment through increased use of transit,ridesharing,and
nonmotorized transportation,all new developments in the urban area shall provide a
projection of sufficient transportation demand management measures to remove a minimum
of five percent of a development's p.m.peak-hour trips from the road system. (Ord. 2279,
1999).
18B.I0.070 Inadequate pre-existing road conditions.
(I)Mitigation of impacts on inadequate pre-existing road conditions is required in
order to improve inadequate roads in accordance with adopted standards,prior to dealing with
the impacts of traffic from new development.If such inadequate conditions are found to be
existing in the road system at the time of development application review and the
development will put three or more p.m.peak-hour trips through the identified locations the
development will be approved only if provisions are made in accordance with Chapter l8B.14
MMC for improving the inadequate road conditions.
(2) The director or hislher authorized designee, in accordance with the department
policy and procedure will make determinations of road inadequacy for determination of
inadequate road conditions.(Ord. 2279, 1999).
ORDINANCE - 9
W/wpflmv/oro.DOP cl
------------------------
18B.I0.080 Frontage improvements.
All developments will be required to make frontage improvements in accordance with
MMC 12.02.170. (Ord. 2279, 1999).
18B.I0.090 Access and transportation circulation requirements.
All developments shall be required to provide for access and transportation circulation
in accordance with the comprehensive plan and the development regulations applicable to the
particular development,to design and construct such access in accordance with the adopted
engineering design and development standards, and to improve existing roads that provide
access to the development in order to comply with adopted design standards. Access to state
highways and city roads shall be in accordance with the applicable state or city standards and
requirements.(Ord. 2279, 1999).
18B.I0.I00 Right-of-way requirements.
As provided for by RCW 82.02.020 all developments,as a condition of approval, will
be required to deed or dedicate property, as appropriate pursuant to MMC 12.02.190, when to
do so is found by the director or a city hearing entity to be reasonably necessary as a direct
result of the proposed development,for improvement,use or maintenance of the road system
serving the proposed development. (Ord. 2279, 1999).
18B.I0.110 State highways,cities,and counties.
(1) Any level-of-service standards and concurrency requirements established in
accordance with RCW 36.70A.070 for state highways will be addressed by a letter of
understanding or an interlocal agreement between the city and WSDOT.All developments
will be required to mitigate impacts that are under the jurisdiction of the WSDOT that are part
of the transportation service area. The mitigating measures recommended by WSDOT will be
imposed as a condition of development approval to the extent that such requirements are
reasonably related to the impact of the proposed development and consistent with the terms of
a letter of understanding or an interlocal agreement between the city and WSDOT.
(2) Any level-of-service standards and concurrency requirements established in
accordance with RCW 36.70A.070 for roads under the jurisdiction of other cities or the
county will be addressed by an interlocal agreement between the city and the other city or
county. The measures recommended by the county or other city will be imposed as a condition
of development approval to the extent that such requirements are reasonably related to the
impact ofthe proposed development and consistent with the terms of an interlocal agreement
between the city and the other agency. (Ord. 2279, 1999).
18B.I0.120 Director authorization for administrative policies and technical procedures.
The director is hereby authorized to produce and maintain administrative policies and
technical procedures in order to administer this title. The policies and procedures shall cover
the various aspects of processing land use applications and shall set forth any necessary
procedural requirements for developers to follow in order for their applications to be
ORDINANCE - 10
W/wpflmv/ord.DOP cl
~-----------------------------------------~---~
processed by staff in an efficient manner. The director shall produce administrative policies
and technical procedures on at least the following topics:
A.Traffic studies: scoping,elements,processing;
8.Level-of-service determination:methodology,data collection;
C.Transit compatibility:transit supportive criteria;
D.Inadequate road conditions: criteria for identification;
E. Frontage improvements:standards, variables;
F.Mitigation measures: extent, timing, agreements. (Ord. 2279, 1999).
18B.I0.130 Development permit application completeness.
For purposes of this title,permit applications for development shall be determined to
be complete in accordance with the complete application provisions as defined in the
applicable development regulations in accordance with Chapter 36.70B RCW. A development
permit application shall not be considered complete until all traffic studies or data required in
accordance with Chapter 188.12 MMC and/or specified in the preapplication meeting
required by MMC 15.05.020 are received. Review periods and time limits shall be as
established in MMC Title 15 in accordance with RCW 36.70A.065 and RCW 36.70A.440 as
recodified by ESHB 1724,Chapter 347, Laws of 1995. (Ord. 2279, 1999).
Chapter 18B.12
TRAFFIC STUDY
Sections:
188.12.010 When required.
18B.12.010 When required.
In order to provide sufficient information to assess a development's impact on the road
system,developments adding three or more p.m.peak-hour trips will be required to provide a
traffic study when it has been determined at the presubmittal meeting that there is not
sufficient information existing in the department's database to adequately-assess the traffic
impacts of the development.The traffic study will consist of at least a traffic generation and
distribution.The director may require that additional information be provided on impacts of
the development to level-of-service of affected streets,inadequate road conditions,adequacy
of the proportionate share calculations of any voluntary payments required under this title to
reasonably or adequately mitigate for impacts of the proposed development,and conformance
with the adopted transportation element. The director shall determine at the preapplication
conference the need for a study and the scope of analysis of any needed study. The director
shall also determine if the traffic study may rely on the Institute ofTransportation Engineers
(ITE) Trip Generation Manual.
If, in the opinion of the director, there is sufficient information known about a
development's road system from previous traffic studies, the director may waive the
ORDINANCE - 11
W/wpf/mv/ord.DOP cl
."
requirement for a traffic study and so state the finding in the preapplication meeting. In such
cases, the existing information will be used to establish any necessary traffic mitigation
requirements to be recommended in the review of the development.(Ord. 2279, 1999).
Chapter 18B.14
DETERMINATION AND FULFILLMENT OF ROAD SYSTEM OBLIGATIONS
Sections:
18B.14.010 Determination of developer obligations.
18B.14.020 Road system capacity requirements.
18B.14.030 Traffic impact fee.
18B.14.040 Level-of-service requirements -Concurrency determinations.
18B.14.050 Inadequate road condition requirements.
18B.14.060 Special circumstances.
18B.14.070 Administration of proportionate share mitigating payments.
18B.14.010 Determination of developer obligations.
(1)Applications which have a prior SEPA threshold determination establishing
developer obligation for the transportation impacts at time of enactment of the ordinance
codified in this title shall be vested under the development obligation identified under SEPA.
(2) A determination of developer obligation shall be made by the city before approval
of preliminary plats, short subdivisions, and conditional use permits. For binding site plans
(including those associated with rezone applications),and commercial permits,the
determination of developer obligation shall be made prior to issuance of a building penn it.
(3)Mitigation measures imposed as conditions of approval of conditional use permits
or binding site plans shall remain valid until the expiration date of the concurrency
determination for a development. Any building permit application submitted after the
expiration date shall be subject to full reinvestigation of traffic impacts under this title before
the building permit can be issued.Determination of new or additional impact mitigation
measures shall take into consideration,and may allow credit for,mitigation'measures fully
accomplished in connection with approval of the conditional use permit, the binding site plan,
or prior building permits pursuant to a binding site plan, only where those mitigation measures
addressed impacts of the current building permit application.
(4) The director, following review of any required traffic study and any other pertinent
data, shall inform the developer in writing what the development's impacts and mitigation
obligations are under this title. The developer shall make a written proposal for mitigation of
the development's traffic impact, except when such mitigation is by payment of any impact
fee under the authority provided to the city under RCW 82.02.050(2). When the developer's
written proposal has been reviewed for accuracy and completeness by the director, the director
shall make a recommendation to the community development department,as to the
concurrency determination and conditions of approval or reasons for recommending denial of
ORDINANCE -12
W/wpf/mv/ord.DOP cl
,.'
the land use application, citing the requirements of this title.
(5) For developments which require a public hearing, a developer must submit a
written proposal to the director for mitigation of the development's traffic impact,except
where such mitigation is by payment of any impact fee under the authority provided to the city
under RCW 82.02.050(2).The written proposal must be submitted after any required traffic
study has been reviewed and the director has stated the mitigation requirements pursuant to
this chapter.
(6) Any request to amend a proposed development,following the determination of
developer obligations and approval of the development,which causes an increase in the traffic
generated by the development,or a change in points of access, shall be processed in the same
manner as an original application and determined to be a substantial project revision,except
where written concurrence is provided by the community development director that such
request may be administratively approved.
(Ord. 2279, 1999).
18B.14.020 Road system capacity requirements.
(I)All developments must mitigate their impact upon the future capacity of the road
system either by constructing off-site road improvements which offset the traffic impact of the
development or by paying the development's proportionate share cost of the future capacity
improvements as set forth in MMC 18.8.14.030.
(2)Construction Option -Requirements.
(a)If a developer chooses to mitigate the development's impact to the road system
capacity by constructing off-site road improvements,the developer must investigate the
impact,identify improvements,and offer a construction plan to the director for construction of
the off-site improvements.
(b) In cases where two or more developers have agreed to fully fund a certain
improvement the proportionate sharing of the costs shall be on any basis that the developers
agree among themselves would be equitable. Under such an arrangement,the terms of the
agreement shall be binding on each development as conditions of approval.
(c) Any developer who volunteers to construct more than the development's share
of the cost of off-site improvements may apply for a reimbursement contract.
(3) Payment Option -Requirements.
(a)If a developer chooses to mitigate the development's impact by making a
proportionate share mitigating payment,the development's share of the cost of future capacity
improvements will be equal to the development's peak-hour traffic (PHT)times the per-trip
amount as identified in the transportation element of the comprehensive plan, as codified
below.
(b)If a developer chooses to mitigate the development's impact by making a
proportionate share mitigating payment, the payment is required prior to building permit
issuance unless the development is a subdivision or short subdivision,wherein the payment is
required prior to the recording of the subdivision or short subdivision.
(c) Any developer who volunteers to pay more than the development's share of
ORDINANCE - 13
W/wpf/mv/ord.DOP cl
the cost of off-site improvements may apply for a reimbursement contract.(Ord.2279,1999).
18B.14.030 Traffic impact fee.
(1)The proportionate share fee amount shall be calculated in accordance with the
formula established in Table I below:
Table I
A.Formula
Step I.Calculate total transportation plan costs (20-year).
Step 2.Subtract costs assigned to other agencies =total city of Marysville costs.
Step 3.Subtract city-funded noncapacity projects from total city ofMarysviIle
costs.
Step 4.Subtract LID or other separate developer funding sources =capacity added
projects.
Step 5.Subtract city share for external capacity added traffic.
Step 6.Calculate applied discount.
The fee amount resulting from Step 5 is the required traffic impact fee payment.
(2)Data needed for calculation of the fee amount shall be provided in the adopted
transportation element and street capital facility plan contained within the adopted city
comprehensive plan,which data shall be updated at least annually.(Ord. 2343 §1,2000;Ord.
2279,1999).
18B.14.040 Level-of-service requirements -Concurrency determinations.
(1)The department shall make a concurrency determination for each development
application.The concurrency determination will establish whether the development wiII
impact an arterial unit where the level-of-service is below the adopted level-of-service
standard,or cause the level-of-service on an arterial unit to fall below the adopted level-of-
service standard,unless improvements are programmed and funding identified which would
remedy the deficiency within six years. In either case,the development will be deemed not
concurrent.The approving authority shall not approve any development that is not deemed
concurrent under this section.Building permit applications for development within an
approved rezone with binding site plan,nonresidential subdivision G:'short subdivision,for
which a concurrency determination has been made in accordance with this section,shall be
deemed concurrent;provided,that the building permit will not cause the approved traffic
generation of the prior approval to be exceeded,there is no change in points of access,and'
mitigation required pursuant to the rezone with binding site plan,subdivision or short
subdivision approval is performed as a condition of building permit issuance.
(a)The department shall make a concurrency determination upon receipt of a
development's application submittal.The determination may change based upon revisions in
the application.Any change in the development after approval will be resubmitted to the
director,and the development will be reevaluated for concurrency purposes.
(h)Concurrency shall expire six years after the date ofthe concurrency
determination,or in the case of approved residential subdivisions,when the approval expires
ORDINANCE - 14
W/v:pf/mv/ord.DOP cl
·,
or when the application is withdrawn or allowed to lapse.
(c)Building permits for a development must be issued prior to expiration of
concurrency for the development. No additional concurrency determination shall apply to
residential dwellings within a subdivision or short subdivisions recorded in compliance with
this section.
(d)If concurrency expires prior to building permit issuance, the director shall at
the request of the developer consider evidence that conditions have not significantly changed
and make a new concurrency determination in accordance with subsection (l)(c)of this
section.
(2)In determining whether or not to deem a proposed development as concurrent,the
department shall analyze likely road system impacts on arterial units based on the size and
location of the development.A development shall be deemed concurrent for the period prior
to the expiration date of concurrency for the development.
(a) A development's forecast trip generation at full occupancy shall be the basis for
determining the impacts of the development on the road system. The city will accept valid
data from a traffic study prepared under Chapter 18B.12 MMC.
(3) A concurrency determination made for a proposed development under this section
will evaluate the development's impacts on any arterial units in arrears.
(a)If a development which generates ten or more p.m.peak-hour trips, or a
nonresidential development which generates five or more p.m.peak-hour trips, is proposed to
affect an arterial unit in arrears, then the development may only be deemed concurrent, based
on a trip distribution analysis to determine the impacts of the development.Impacts shall be
determined based on each of the following:
(i)If the trip distribution analysis indicates that the development will not place
three or more p.m.peak-hour trips on any arterial units in arrears, then the development shall
be deemed concurrent.
(ii)If the trip distribution analysis indicates that the development will place
three or more p.m.peak-hour trips on any arterial unit in arrears, then the development
shall not be deemed concurrent except where the development is deemed concurrent in
accordance with the options under subsection (5)of this section.
(4) Any residential development that generates less than ten p.m.peak-hour trips, or
any nonresidential development that generates less than ten p.m.peak-hour trips, shall be
considered to have only minor impact on city arterials for purposes of a concurrency
determination on impacts to level-of-service on arterial units and shall be deemed concurrent.
(5) Any development not deemed concurrent shall have options available to enable the
development to be deemed concurrent as follows:
(a) A development which meets the department's criteria for transit compatibility,
in accordance with the director's policy and procedure for transit compatibility under MMC
18B.10.120, shall be deemed concurrent if the impacted arterial unit in arrears meets the
criteria for transit supportive design in accordance with the director's policy and procedure for
transit compatibility,and if the level-of-service on the impacted arterial unit in arrears meets
the LOS standards adopted within the comprehensive plan; and provided, that the
ORDlNANCE - 15
W/wpf/mv/ord.DOP cl
-----------------
development can be deemed concurrent in accordance with all other provisions of MMC
188.14.040(3).
(b) A development may modify its proposal to lessen its impacts on the road
system in such a way as to allow the city to deem the development concurrent under this
section.
(c)The city may deem such development concurrent based upon a written proposal
signed by the proponent of the development and attached to the director's recommendation
under MMC 18B.10.020,and referenced in the concurrency determination,as a condition of
approval.
(i)Such proposal may include conditions which would defer construction of all
or identified subsequent phases of a development until such time as the city has made or
programmed capacity improvements which would remedy any arterial units in arrears.
(ii)Such proposals may include conditions which would defer construction of
all or identified subsequent phases of a development until such time as the developer
constructs capacity improvements which would remedy any arterial units in arrears.
(A)If a developer chooses to mitigate the development's impact by
constructing off-site road improvements,the developer must investigate the impact,identify
improvements,and offer a construction plan to the director for construction ofthe off-site
improvements.Construction of improvements shall be in accordance with the engineering
design and development standards.
(B) In cases where two or more developers have agreed to fully fund a
certain improvement,the proportionate sharing of the cost shall be on any basis that the
developers agree among themselves would be equitable.Under such an arrangement,the
terms of the agreement shall be binding on each development as conditions of approval.
(C)Any developer who volunteers to construct off-site improvements of
greater value than any proportionate share mitigating payment imposed under this title to
mitigate the development's impact on the future capacity of city roads may apply for a
reimbursement contract.
(D) Any developer who chooses to mitigate a development's impact by
constructing off-site improvements may propose to the council that a joint public/private
partnership be established to jointly fund and/or construct the proposed improvements.The
director will determine whether or not such a partnership is to be established.
(E)Construction of capacity improvements under this section must be
complete or under contract prior to the issuance of any building permits and must be complete
prior to approval for occupancy or final inspection;provided,that where no building permit
will be associated with a change in occupancy,then construction of improvements is required
as a precondition to approval.
(6)Adopted Level-of-Service.
(a) The level-of-service for principal,minor, and collector arterials at signalized
intersections shall be at a LOS consistent with the transportation element of the
Comprehensive Plan using the operational method as a standard of review.
ORDINANCE - 16
IV/wpf/mv/ord.DOP cI
18B.14.050 Inadequate road condition requirements.
(1)Regardless of the existing level-of-service,development which adds three or more
p.m.peak-hour trips to an inadequate road condition existing on the road system,at the time
of determination in accordance with MMC 18B.14.0l 0, or development whose traffic will
cause an inadequate road condition at the time of full occupancy of the development,will only
be approved for occupancy or final inspection when provisions are made in accordance with
this chapter for elimination of the inadequate road condition.The improvements removing the
inadequate road condition must be complete or under contract before a building permit on the
development will be issued and the road improvement must be complete before any certificate
of occupancy or final inspection will be issued;provided,that where no building permit will
be associated with a conditional use permit,then the improvements removing the inadequate
road condition must be complete as a precondition to approval.
(2) The director shall determine whether or not a location constitutes an inadequate
road condition.Any known inadequate road condition to which the development adds three or
more p.m.peak-hour trips shall be identified as part of the director's recommendation under
188.14.040.
(3) A development's access onto a public road shall be designed so as not to create an
inadequate road condition.Developments shall be designed so that inadequate road conditions
are not created.
(4)Construction Option -Requirements.
(a)If a developer chooses to eliminate an inadequate road condition by
constructing off-site road improvements,the developer must investigate the impact,identify
improvements,and offer a construction plan to the director for construction of the off-site
improvements.
(b) In cases where two or more developers have agreed to fully fund a certain
improvement,the proportionate sharing of the costs shall be on any basis that the developers
agree among themselves would be equitable.Under such an arrangement,the terms of the
agreement shall be binding on each development as conditions of approval.
(c) Any developer who volunteers to construct off-site improvements of greater
value than any proportionate share mitigating payment imposed under this title to mitigate the
development's impact on the future capacity of city roads,which-are contained within the cost
basis,contained within the transportation element,or which are not part of the cost basis of
any proportionate share mitigating payment imposed under this title to mitigate the
development's impact on the future capacity of city roads, and therefore not credited against
any proportionate share mitigating payment,may apply for a reimbursement contract.(Ord.
2279, 1999).
188.14.060 Special circumstances.
Where the only remedy to an arterial unit in arrears is the installation of a traffic
signal,but signalization warrants contained in the current edition of the Manual on Uniform
Traffic Control Devices (MUTCD)are not met at present,developments impacting the arterial
unit will be allowed to proceed without the installation of the traffic signal;provided,that all
ORDINANCE - 17
W/wpf/mv/ord.DOP cI
other warranted level-of-service and transit-related improvements are made on the arterial unit
within the deficient level-of service.Developments impacting such arterial units will not be
issued building permits or occupancies (whichever comes first) until the improvements (not
including the traffic signal) to the level-of-service deficient arterial unit are under contract or
being performed. Such developments will be subject to all other obligations as specified in
this title. (Ord. 2279, 1999).
18B.14.070 Administration of traffic impact fees.
(I)Any traffic impact fees made pursuant to this title shall be subject to the following
provisions:
(a) The traftic impact fee payment is required prior to building permit issuance
unless the development is a subdivision or short subdivision,in which case the payment shall
be made prior to the recording of the subdivision or short subdivision;provided,that where no
building permit will be associated with a change in occupancy or conditional use permit then
payment is required prior to approval of occupancy.
(b) The traffic impact fees shall be held in a reserve account and shall be expended
to fund improvements on the road system.
(c) An appropriate and reasonable portion of traffic impact fees collected may be
used for administration of this title.
(d) The fee payer may receive a refund of such fees if the city fails to expend or
encumber the impact fees within six years of when the fees were paid or other such period of
time established pursuant to RCW 82.02.070(3),on transportation facilities intended to
benefit the development for which the traffic impact fees were paid,unless the city council
finds that there exists an extraordinary and compelling reason for fees to be held longer than
six years. These findings shall be set forth in writing and approved by the city council.In
determining whether traffic impact fees have been encumbered, impact fees shall be
considered encumbered on a first-inlfirst-out basis. The city shall notify potential claimants by
first class mail deposited with the United States Postal Service at the last known address of
claimants.
(e) The request for a refund must be submitted by the applicant to the city in writing
within 90 days of the date the right.to claim the refund arises, or the date that notice is given,
whichever is later. Any traffic impact fees that are not expended within these time limitations,
and for which no application for a refund has been made within this 90-day period, shall be
retained and expended on projects identified in the adopted transportation element. Refunds of
traffic impact fees under this subsection shall include interest earned on the impact fees.
ORDINANCE - 18
W/wpf/mv/ord.DOP cI
••
(2) Off-site improvements include construction of
improvements to mitigate an arterial unit in arrears
and/or specific inadequate road condition locations.If a
developer chooses to construct improvements to mitigate
an arterial unit in arrears or inadequate road condition
problem,and the improvements constructed are part of
the cost basis of any traffic impact fees imposed under
this title to mitigate the development's impact on the
future capacity of city roads, the cost of these
improvements will be credited against the traffic impact
fee amount,provided that the amount of the cost to be
credited shall be the estimate of public works director as
to what the City's cost would be to construct the
improvement.Any developer who volunteers to pay for
and/or construct off-site improvements of greater value
than any traffic impact fees imposed under this title, to
mitigate the development's impact on the future capacity
of city roads,based on the cost basis contained within
the transportation element, or which are not part of the
cost basis of any traffic impact fees imposed under this
title to mitigate the development's impact on the future
capacity of city roads, and therefore not credited against
the traffic impact fees, may apply for a reimbursement
contract. (Ord. 2279,1999).Chapter 18B.20
APPEALS
Sections:
18B.20.010 Administrative appeals.
188.20.010 Administrative appeals.
Administrative interpretations and administrative approvals made pursuant to this
chapter may be appealed to the hearing examiner pursuant to Chapter 15.11 MMC. (Ord.
2279, 1999).
ORDINANCE - 19
W/wpf/mv/ord.OOP cl
Chapter 18B.22
SEVERABILITY AND DUTY
Sections:
188.22.010 Severability.
188.22.020 No special duty.
188.22.030 Emergency.
18B.22.010 Severability.
If any section,subsection,sentence,clause,phrase or word of this title should be held
to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality of any other section,
subsection,sentence,clause,phrase or word of this title. (Ord. 2279, 1999).
18B.22.020 No special duty.
It is the purpose of this chapter to provide for the health,welfare and safety of the
general public,and not to create or otherwise establish or designate any particular class or
group of persons who will or should be especially protected or benefited by the terms of this
chapter. No provision or term used in this chapter is intended to impose any duty whatsoever
upon the city or any of its officers,agents or employees for whom the implementation or
enforcement of this chapter shall be discretionary and not mandatory.Nothing contained in
this chapter is intended to be, nor shall be construed to create or form the basis for, any
liability on the part of the city or its officers, agents and employees for any injury or damage
resulting from the failure of any premises to abate a nuisance or to comply with the provisions
of this chapter or be a reason or a consequence of any inspection,notice or order, in
connection with the implementation or enforcement of this chapter, or by reason of any action
of the city related in any manner to enforcement of this chapter by its officers,agents or
employees.(Ord. 2279, 1999).
ORDINANCE -20
Wlwpf/mv/ord.DOP c1
..•
18B.22.030 Emergency.
In light of the rapid rate of development in the city of Marysville and Snohomish
County and the need to provide adequate streets and transportation facilities to serve
development,an emergency is hereby declared to exist due to the fiscal impacts of delay on
the city and in order to preserve the public health, safety and welfare. (Ord. 2279, 1999).
\PASSED by the City Council and APPROVED by the Mayor thisc2.S .M.day ofJape\\,2005.
~a::~
DENNIS L.KENDALL,Mayor
ATTEST:
Approved as to form:
By AHHJ-k:I.AJ~
GRANT K.WEED,City Attorney
Date of Publication:~2..7 'ff)5
Effective Date (5 days after publication):--==+=t-~~-
ORDINANCE - 21
W/wpf/rnv/ord.DOP cI