ORD NO. 2014-01 TRAFFIC IMPACT ANALYSIS AMENDMENTSORDINANCE NO. 2014-01
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to traffic impact analysis requirements, and rev1smg
Chapter 15 .40 of the Bainbridge Island Municipal Code.
WHEREAS, various provisions of the Bainbridge Island Municipal 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 transportation facilities; and
WHEREAS, a traffic impact analysis is the best and most efficient method for
determining the specific impacts of proposed development upon the City's transportation
facilities; and
WHEREAS, the costs associated with traffic impact analysis are incidental to the
permitting process and should be properly borne by the applicant; and
WHEREAS, the City desires to revise the rules and regulations relating to the imposition
of traffic impact analysis and reimbursement therefor;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The title of Chapter 15 .40 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
TRAFFIC IMPACT ANALYSIS STUDIES FOR DEVELOPMENT
Section 2. Section 15.40.010 of the Bainbridge Island Municipal Code is hereby amended as
follows:
15.40.010 Traffic impact analysis study required.
Except as specifically exempted under BIMC 15.40.060, an individual traffic
impact analysis (TIA) traffic study shall be required for all proposed
developments or improvements for which transportation facility street
improvements, dedications and/or other mitigation dedications may be made a
condition te of development permit issuance or approval pursuant to this code.
No permit or approval shall be granted for such proposed development or
improvement until the applicant meets all requirements of this chapter.
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Section 3. Section 15.40.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.40.020 Agreement for analysis stady.
The applicant shall execute an agreement in a form satisfactory to the
public works director, authorizing the public works director, in consultation with
·H'1-e---AW:J...i-eafl:k to retain an independent traffic consultant for the purposes of
analyzing studying the impacts of the proposed development or improvement'
upon the city's 13eaestrffia-ami transportation facilities as defined in BIMC
15.40.050, and setting forth the requirements, terms and conditions of such
analysis 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.
Section 4. A new Section 15.40.025 of the Bainbridge Island Municipal Code is hereby added to
read as follows:
15.40.025 Traffic impact analysis scope and study area
The TIA shall be a thorough review of the immediate and long range
· ffects ofihe traf-fic generated by th proposed development or i.mprovement on
the city's transportation facilities. The level of detail, specific scope of work and
study area of an individual TIA shall reflect the size, type, complexity and
locati on of each proposed development or improvement.
The TlA scop of work and study area shall b completed "in conform ance
with th City of Bainbridge Island. Traffic Impact Analysis. Stand ardized
Format Requirements" document as approved by the public works director.
Section 5. Section 15.40.030 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.40.030 Distribution of and payment for TIA stady; Presumption of·
accuracy.
Once the public works director has selected a consultant and negotiated
the scope and fee for the TIAtraffie 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
city's 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 completion of the TIAstudy.
Should, for any reason, the cost of completing the TIA exceed the
originally negotiated fee, the applicant for the proposed development or
improvem nl shall be responsible for payment of any and aJ J additional o ts to
complete the TIA. Once the initial negotiated fee amount has been expended,
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work to complete the TIA shall cease until the applicant has paid to the city a sum
equal to 110% of Lhe estimated r maining cost to complete work on the TIA.
Upon completion of the TIAtraffic study, the public works director shall
deliver or cause to be delivered to the applicant a copy of the TIA traffic study.
At the time of the delivery of the TIAstuay, the public works director shall
further provide the applicant with a description of any transportation facilitystreet
improvements, dedications and/or other mitigationdedications to be required· to be
made by the applicant as a condition of project approval of the proposed
development or improvement, as supported by the TIAtraffic study.
The findings and conclusions set forth in the TIAtraffic study shall be
deemed accurate and the required transportation facilitystreet improvements_.
dedications and/or other mitigationdedications shall be deemed enforceable.
Section 6. A new Section 15.40.035 of the Bainbridge Island Municipal Code is hereby added to
read as follows:
15.40.035 Mitigation requirements
Transportation facility improvements, dedications and/or other mitigation
required to offset impacts of the proposed development or improvement on the
city's transportation facilities as outlined in the completed TIA approved by the
public works dir ctor shall be required as a condition of approval of the proposed
development or improvement.
Section 7. Section 15 .40.040 of the Bainbridge Island Municipal code is hereby amended to
read as follows:
15.40.040 Additional analysis.
Within fifteen (15} calendar days following the date the TIAtraffic study
was delivered or mailed to the applicant, the applicant may object td the
TIAtraffic study by delivering to the public works director a written objection to
the TIAtraffic study. Following the filing of the objection, the applicant shall
have thirty (30} calendar days within which to present to the public works director
the applicant's own TIAtraffic study, arranged and paid for by the applicant;
provided, that such TIAtraffic study must be prepared by an engineer duly
certified and licensed within the state of Washington and otherwise qualified to
prepare such TIAstuay.
The public works director shall consider the applicant's TIA and its
proposed alternative mitigation measurestraffic study in reviewing the imposed
transportation facilitystreet improvements, dedications and/or other
mitigationdedications. The public works director may modify such conditions or
requirements as the director deems reasonable or appropriate in light of the
applicant's TIAtraffic study. The public works director shall notify the applicant
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of the director's decision relating to the imposed transportation facilitystreet
improvements, dedications and/or other mitigationdedications within thirty (30}
calendar days of the director's receipt of the applicant's TIAtraffic study.
The applicant may appeal the public works director's decision relating to
the imposed transportation facilitystreet improvements, dedications and/or other
mitigation in accordance with the appeals process applicable to the particular
proposedproject or development or improvement. Such an appeal shall be
included as an appeal of the underlying proposed development or improvement
permit decision and shall not be considered a separate, stand-alone appeal,
Section 8. Section 15.40.050 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.40.050 Definitions.
For purposes of this chapter, the term "public works director" shall include
the director's designee.
For purposes of this chapter, the city's "transportation facilities" shall
include, but are not limited to, streets, traffic signals, traffic control devices,
sidewalks, bike lanes, storm water facilities and other facilities commonly found
within city rights-of-way~. All TIA'straffic studies required by this chapter shall
consider the potential impacts to, and need for improvement to or installation of,
all city transportation facilities.
Section 9. Section 15.40.060 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
15.40.060 Exemptions.
The requirements of BIMC 15.40.010 through 15.40.050 shall not be
required.;.
A. Ffor a proposed development or improvement that generates less
than 50 Average Daily Trips (ADT) or 5 AM or 5 PM peak hour trips per the
latest edition of the ITE Trip Generation Manual.
B. Where the applicant agrees jn writing to construct and--i-Hstall street
improvements and make dedications that are requested by the Public \llorks
Director in accordance 'Nith standards that have been adopted by the City Council.
Section 10. This ordinance shall be effective five days after passage, approval and publication
as required by law.
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PASSED BY THE CITY'<:oUNCIL this 22nd day of January, 2014.
APPROVED BY THE MAYOR this 22nd day of January, 2014.
ATTEST I AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DA TE:
ORDINANCE NUMBER:
Aime S. Blair, Mayor
January 3, 2014
January 22, 2014
Janu(\ry 24, 2014
January 29, 2014
2014-01
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