ORD 2005-07 STREET IMPROVEMENTS/TRAFFIC STUDIESORDINANCE NO. 2005-07
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to street improvements and traffic studies, and adding a
new Chapter 15.40 to the Bainbridge Island Municipal Code.
WHEREAS, various provisions of the City Code require the construction of street
improvements and/or dedications of rights-of-way as conditions to permit approval; and
WHEREAS, prior to imposing the street improvement and/or dedication requirements,
the City is required to examine the impact of each proposed development on an individual basis
to ensure that the street improvement and/or dedication requirements accurately describe and/or
capture the impacts of the development on the City's pedestrian and transportation facilities; and
WHEREAS, traffic studies are the best and most efficient method for determining the
specific impacts of proposed development upon the City's pedestrian and transportation
facilities; and
WHEREAS, the costs associated with traffic studies are incidental to the permitting
process and should be properly borne by the applicant; and
WHEREAS the City desires to set forth the rules and regulations relating to the
imposition of traffic studies and reimbursement therefore; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Paragraph 15.32.030.C of the Bainbridge Island Municipal Code is revised
to read: "A traffic study sufficient for the city engineer to perform a concurrency test shall be
provided in accordance with the procedures of Chapter 15.40 of the Bainbridge Island Municipal
Code."
Section 2.
follows:
A new Chapter 15.40 is added to the Bainbridge Island Municipal Code as
TRAFFIC STUDIES FOR DEVELOPMENT
15.40.010 Traffic study required.
Except as specifically exempted under BIMC 15.40.060, an individual traffic study shall
be required for all developments or improvements for which street improvements and/or
dedications may be made a condition to permit issuance or approval pursuant to this Code. No
permit or approval shall be granted for such development or improvement until the applicant
meets all requirements of this chapter.
15.40.020 Agreement for study.
The applicant shall execute an agreement in a form satisfactory to the Public Works
Director, authorizing the Public Works Director, in consultation with the Applicant, to retain an
independent traffic consultant for purposes of studying the impacts of the proposed development
or improvement upon the City's pedestrian and transportation facilities and setting forth the
requirements, terms and conditions of such study. The Public Works Director shall maintain a
list of independent traffic consultants in accordance with the required contract procedures for
engineering services set forth in BIMC 3.70.030.
15.40.030 Distribution of and payment for study; Presumption of accuracy.
Once the Public Works Director has selected a consultant and negotiated the scope and
fee for the traffic study, the applicant shall pay to the City an amount equal to 110% of the
negotiated fee. The additional 10% is to pay for the cost of administering the consultant
contract. Upon receipt of these moneys, the City will execute a professional services agreement
with the selected consultant and authorize them to proceed with the study.
Upon completion of the traffic study, the Public Works Director shall deliver or cause to
be delivered to the applicant a copy of the traffic study.
At the time of the delivery of the study, the Public Works Director shall further provide
the applicant with a description of any street improvements and/or dedications to be required as a
condition of project approval, as supported by the traffic study.
The findings and conclusions set forth in the traffic study shall be deemed accurate and
the required street improvements and/or dedications shall be deemed enforceable.
15.40.040 Additional study.
Within fifteen (15) days following the date the traffic study was delivered or mailed to
the applicant, the applicant may object to the traffic study by delivering to the Public Works
Director a written objection to the traffic study. Following the filing of the objection, the
applicant shall have thirty (30) days within which to present to the Public Works Director the
applicant's own traffic study, arranged and paid for by the applicant; provided, that such traffic
study must be prepared by an engineer duly certified and licensed within the State of Washington
and otherwise qualified to prepare such study. The Public Works Director shall consider the
applicant's traffic study in reviewing the imposed street improvements and/or dedications. The
Public Works Director may modify such conditions or requirements as the director deems
reasonable or appropriate in light of the applicant's traffic study. The Public Works Director
shall notify the applicant of the director's decision relating to the imposed street improvements
and/or dedications within thirty (30) days of the director's receipt of the applicant's traffic study.
The applicant may appeal the Public Works Director's decision relating to the imposed street
improvements in accordance with the appeals process applicable to the particular project or
development.
15.40.050 Definitions.
For purposes of this chapter, the City's "transportation facilities" shall include, but are
not limited to, streets, sidewalks, bike lanes, storm water facilities and other facilities commonly
found within City rights-of-ways. All traffic studies required by this chapter shall consider the
potential impacts to, and need for improvement to or installation of, all City transportation
facilities. For purposes of this chapter, the term "Public Works Director" shall include the
director's designee.
15.40.060 Exemptions.
The requirements of BIMC 15.40.010 through 15.40.050 shall not be required:
A. For development that generates less than 50 Average Daily Trips (ADT) per the
ITE Trip Generation Manual.
B. Where the applicant agrees in writing to construct and install street improvements
and make dedications that are requested by the Public Works Director in accordance with
standards that have been adopted by the City Council.
Section 3. This ordinance shall be effective five days after passage, approval and
publication as required by law.
PASSED by the City Council this 9th day of March, 2005.
APPROVED by the Mayor this 10th day of March, 2005.
A~THENTICATE:
~usan Kasper, City Clerk
Darlene Kordonowy, Mayor
APPROVED AS TO FORM:
Rod Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER: 2005-07
February 2, 2005
March 9, 2005
March 16, 2005
March 21, 2005