ORD NO. 2017-21 AMENDING BIMC CHAPTER 15.30 RELATING TO TRANSPORTATION IMPACT FEES, AND CHAPTER 15.40 RELATING TO TRAFFIC IMPACT ANALYSIS FOR DEVELOPMENTORDINANCE NO. 2017-21
AN ORDINANCE of the City of Bainbridge Island,
Washington, amending Sections 15.30.030, 15.30.050,
15.30.060, 15.30.070, 15.30.140, 15.30.160, 15.30.200, and
15.30.210 of the Bainbridge Island Municipal Code relating
to Transportation Impact Fees, and Sections 15.40.020,
15.40.025, 15.40.030, 15.40.035, 15.40.040, and 15.40.060
of the Bainbridge Island Municipal Code relating to Traffic
Impact Analysis for Development.
WHEREAS, Chapter 15.30 of the Bainbridge Island Municipal Code ("BIMC"), as
originally adopted, anticipated use of the Washington State Department of Transportation's
(WSDOT) Construction Cost Index (CCI) as the basis for future Traffic Impact Fee
Adjustments; and
WHEREAS, WSDOT is no longer maintaining their CCI; and
WHEREAS, a widely -used alternative CCI is compiled by the industry publication
Engineering News -Record (ENR); and
WHEREAS, it is necessary to change the referenced index in Chapter 15.30 BIMC to
allow for adjustments to the Transportation Impact Fee as originally anticipated; and
WHEREAS, Chapter 15.40 BIMC, as originally adopted, anticipated City staff
managing and directing the preparation of traffic impact analyses; and
WHEREAS, City preparation of traffic impact analyses causes significant timing issues
with projects with statutory mandates for review times; and
WHEREAS, during the review of Chapter 15.30 BIMC and Chapter 15.40 BIMC
additional clarifications and corrections were noted as requiring revisions to those chapters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The definition of independent fee calculation in Section 15.30.030 of the Bainbridge
Island Municipal Code is hereby amended to read as follows:
J. "Independent fee calculation" means the street and road impact calculation,
and/or economic documentation prepared by an applicant, to support the
assessment of a TIF other than by the use of the rates listed in the TIF rate
schedule., or- the ealeula4iens pre 4- afed by the direeter- where nene of the fee
Page 1 of 20
I�WWWMN— WN.
Section 2. Section 15.30.050.0 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
C. The public works department shall establish the TIF ra4e f . a land use th
5.30.060, use the most closely matching land use for all applications for a land
use not explicitly listed in the TIF rate schedule.
Section 3. Section 15.30.060 of the Bainbridge Island Municipal Code, Independent fee
calculations, is hereby amended to read as follows:
13A. The applicant may opt not to have the TIFs determined according to the fee
structure listed in the TIF rate schedule, in which case the applicant shall prepare
and submit to the director a Traffic Impact Analysis in accordance with chapter
15.40 BIMC. including an independent fee calculation for the proposed
development activity. The documentation submitted shall be prepared using
procedures consistent with those established in the current edition of the Institute
of Transportation Engineers Trip Generation Manual. An independent fee
calculation shall be limited to adjustments in trip generation rates used in the TIF
rate study, and shall not include travel demand forecasts, trip distribution,
transportation service area zones, costs of street and road projects, or cost
allocation procedures.
Page 2 of 20
_ • r e i f i
1.1111Im
Rh C 11
a
FM a
DB. There is a rebuttable presumption that the calculations set forth in the TIF
rate study and the fees set forth in the TIF rate schedule are valid. The director
shall consider the documentation submitted by the applicant, but is not required to
accept such documentation or analysis which the director reasonably deems to be
inapplicable, inaccurate or unreliable. The director may require the applicant to
submit additional or different documentation for consideration. The director is
authorized to adjust the TIFs on a case-by-case basis based on the independent fee
calculation, the specific characteristics of the development and/or principles of
fairness.
Section 4. Section 15.30.070 of the Bainbridge Island Municipal Code, Exemptions, is hereby
amended to read as follows:
A. The following development activity shall be exempted from the payment of
TIFs:
1. Alteration, expansion, or replacement of an existing single-family home.
r ye
wm w WON W.— 0101 N' OWNFIN
3r2. Miscellaneous improvements that do not generate increased p.m. peak hour
trips including, but not limited to, fences, walls, residential swimming pools, and
signs.
43. Demolition or moving of a structure when additional p.m. peak hour trips are
not generated.
Page 3 of 20
64. A change of use that does not generate additional trips per unit of
development according to the trip generation rates established in the
transportation impact fee rate schedule in BIMC 15.30.200.
65. Miscellaneous permits for activities that do not generate any new trips.
-76. Rezones, comprehensive plan amendments, subdivisions, boundary line
adjustment and lot line eliminations, or any other land use permits.
87. Buildings or structures constructed by a regional transit authority pursuant to
RCW 82.02.090.
-98. Any building permit application that has been submitted to the city before
4:00 p.m. the business day before the effective date of the ordinance codified in
this chapter that has been deemed complete based on the information on file as of
the effective date of the ordinance codified in this chapter.
409. Affordable housing as defined by BIMC 18.21.020 and 18.36.030(16) or
their successors.
4-1-10. Pursuant to RCW 82.02.060, the city may provide exemptions for
development activities with broad public purposes; provided, that the impact fees
from such development activity shall be paid from public funds other than impact
fee funds. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this section or under
other applicable law. Determinations of the director shall be in writing and shall
be subject to the appeals procedures established in Chapter 2.16 BIMC.
Section 5. Section 15.30.140 of the Bainbridge Island Municipal Code, Periodic adjustment of
fees, is hereby amended to read as follows:
A. The TIFs in the TIF rate schedule shall be indexed to provide for an automatic
fee adjustment according to the following schedule every two years beginning
January 1, 294 2018, to reflect changes in project costs due to industry trends.
The Construction Cost Index
(CCI) October 20 -city average published by Engineering News -Record will be
used to determine the adjustment in fees. The adjustment will be based on a two-
year simple moving average, the mean of the previous two years' CCI,, 4
Page 4 of 20
most ent easendar ye s' GGI aR*a that L avai with the October 2015 CCI
value as the starting basis.
B. The TIF rate study supporting the TIFs in the TIF rate schedule shall be
updated periodically, unless the city determines that circumstances have not
changed to warrant an update.
Section 6. Section 15.30.160 of the Bainbridge Island Municipal Code, Reviews by the director
and appeals, is hereby amended to read as follows:
A. In order to obtain a building permit, any applicant may pay the TIFs imposed
by this chapter under protest and file for a review by the director, followed by the
option to appeal to the hearing examiner. No building permit shall be issued until
the TIFsatis-sui—ehave been paid.
Alternatively, any applicant may file for a review by the director, followed by the
option to appeal to the hearing examiner, without first paying the TIFs, providing
the applicant is willing to postpone issuance of the building permit until after the
appeal process when the final amount of the TIFs is known.
B. Reviews by the director and appeals regarding the TIF imposed on any
development activity may only be filed by the applicant for the development
activity -tee.
C. Before an appeal can be filed, the applicant must first file a request for review
by the director with the public works department specifying the grounds thereof,
as provided herein:
1. The request shall be in writing on the form provided by the city;
2. The request for review by the director shall be filed within 14 calendar days
after the applicant's payment of the TIFat e in dispute. The failure to timely
file such a request shall constitute a final bar to later seek such review;
Page 5 of 20
3. No administrative fee will be imposed for the request for review by the
director; and
4. The director shall issue his/her determination in writing.
D. Following the determination issued by the director, the applicant may elect to
appeal the director's decision to the hearing examiner. Any determinations which
the director is authorized to make pursuant to this chapter may be appealed to the
hearing examiner.
E. Appeals to the hearing examiner must be filedwithin
BIMC in accordance with BIMC 2.16.020.P. BIMC. The failure to timely file an
appeal shall constitute a final bar to later seek such review. The director shall
transmit to the office of the hearing examiner all papers constituting the record for
the determination, including, where appropriate, the independent fee calculation.
Page 6 of 20
O
0 0 V �,�g—- _
m
Page 6 of 20
RROMMM
10.
a ! i
s
Page 6 of 20
Section 7. Section 15.30.200 of the Bainbridge Island Municipal Code, Transportation
impact fee rate schedule, is hereby amended to read as follows:
The transportation impact fee rate schedule is as follows shall be published
annually by the director no later than December 15th of each odd numbered Year
to be effective January 1 st of the following even numbered year.
Impaet Fee per- Trip RaW.
e 1 ,�T?
Page 7 of 20
ITE
i-.... aet Fe -
--,.--_ c ,_.,..
Land
l�ll�
i�Develepmen
Trip
y
Group
C -Odle}
Category
Developme
Rate_2
TrV'O
UDita
U*k
4,0
Si.gleT3Yily Det
4-40
V
1.nnn
T 1 7 6q A .A
pee
Howling
DU
Dwelling
229
Apagnwt4
0-.62
0-° e
O.620
$1,012.13 po,.
1U
Lvv�e
4.-7-9"00..780
�p�
$1 ,272 33 pe
ung
234
Gendo4e,A�eus
DU
Dwellin
240
A-5-9
0-° e
0.590
$963.16 tff
1U
Wig_
254
S Housing D LT + RsL-l14[i a
OZY
00
0.270
$ 4 4 0.77 fef
GFOUP
DIU
Page 7 of 20
impnet Fee peF Trip su-tL:
$1,632.47
'finst.4.4-4te of T-r-anspertatien Engineers, Trip Generation MaRtial (9th Edition)
RPM
Page 8 of 20
ITE
°fie
im ..s Fee pef ep
Land Use
ITE
was
per
Trip
Pass -By
Developmen4
Group
Code}
Category_4�
Developm
Rat@3
Trip 3
uftw
;E nk
DWelling—
2-5.2
Sr, u- g At4ae ed
Q-.25
"
0.250
$408.12fief
Gfoup
DU
Dwelling
2-53,
Congregate
4.4-7
0%
0. i 79
$"�e�
DU
Dwelling
2-54
Assisted r-...
4.2-2
0%
0.220
$359A^ p�T
Gfeup
Red
Dwelling
629
lijur-sing 14a
0-.2-2
0%
0.220
$359.14 jw
Gf Ow
B ed
'finst.4.4-4te of T-r-anspertatien Engineers, Trip Generation MaRtial (9th Edition)
RPM
Page 8 of 20
$T6TT.7T32 A7
Page 9 of 20
Land B -e
ITE
�_
per
I
ITE Land 1
Trop
IIF
DevelopmentGroup
}
By
Development
-2
Rate
Ujj-it4
j
Edueatio
52-0
Publie Elementary Sehee4
4-.24-
0%
1.210
a 975.2
€dueation
522
Phil.° ARiddle/Ju .ger 14igh
449
"
iA90
Eduea4ie
5-39
P .l,aie Wigh Cr.heel
O -.W
00a
0.970
$1,583.50 per
KS -F
die
55-34
3Q.27
00 a
3.270
$5,338.18 per—
�7
KSF
Edueation
536
Private Schoravvi-K lit
2—.7-5
"
2.750
$4,489.29 peY
industrial
14-9
General light industrial
0,47
0°�e
0.970
a
industrial
430
industrial N
0-.8-5
0%
0.850
$1,387.6
KSF
industrial
4-40
Arlan,. etud r:
0-.7-3
00
0.730
$1,191.7
institutional
666
Cemetery
044
0%
0.840
.._
aer-e
Medieal
64-0
Hospital
0,93
0°�ee
0.930
$1,518.2 r.o=
630
i+liaie (limited data)
54-9
00
5.180
$8,456.1
L,
Page 9 of 20
Page 10 of 20
impact Fee per T-Fip Ra-te--
$ 632 n 7
°fie
'Net New
ice. .,+ L'R ...
T.
Land Use
7THITE
1 y y
i
T
1TE Land Use
�
Develapm
/1_.o___
Group
��
�
Deyelnrfra e
Rate -2
a
TFs� i�
i
k--4
720
1-57
"
3.570
$5,827.921w
Offiee
74-0
General Off o
4-43
0°�
1.490
$2,432.38 pe
KSF
Office
7-4-5
Single TenapA neo
474
9°%
1.740
$2,840.5 .,ap
KS
Port an
03,0
inta,..- tidal T-r-uri, TTa,.., i , t
0-.83
8°�
8$30
$1, 354.9 c �o
m
u eai +" +
Rpr-.r-p.;#iAt3
444
City Pa
3—.50
25 -OA
2.625
$4,285.231w
Aem
420
041
25 -OA
0.143
$232.63 per
84
Reereatio
430
Golf Course
0-0
25 -OA
0:225
$3�3z1- per
Aere
�' a
437
Bowling Alley
'' 4-.51
25 -OA
1.133
$1,849.5 .......
KSF
TCeepeatie
44-1
Live e Tl,e.. er- (limited ..-lata)
0:02
25 -OA
0.015
$2 4.4 9 pef
K
�a}io.n.
444
Movie Theater
3-.W
25 -OA
2.850
$4,652.5 '
Dcatio
4sA
3a,.ueOTd s Cub
FY."
25 -OA
0.630
$1,028.4
F
Page 10 of 20
Page 11 of 20
impnet Fee per Trip Rate:
p
7@
Net New
�
�,Tr
per -
Land Use
ITIE
l
gam-
perTFip
a AV1me at
Group
Code}
ByDevelopmeM
Rna-ten3
Ultit4
TripS3
Unk
Reefeativit
49-2
Healtl, Fitness Club
3-.53
25 -OA
2.648
$4,321 .96 per-
Reer-emrvic
493
A tl,letie !`I„1,
5,96
2 -5 -OA
4.470
st7,2971 A fw
i
�
enc
49 �
2,74
25 -OA
2.055
$3,354.73-,.
center-
K -S -F
Retail
8-53
f`..n a n e Market :.-.r.
19.0
609
6.484
$10,584.61-M
4.4tAmAtivo
Pumps
VSP
Retail—
94-t
54-9
42 -OA
'2�
$4 41 A n6tff
Autetmeiiv
&P
Vg
Retail —
944
Gaselin&Service Sta4ion
13.87
4210A
8.045
$13,132.�
AA ,
Retail
945
13.51
�e
5.944
n 704 05 per -
$9,704.05-per-
AA „t.�ye
Automotive
946
Gas Station wIfryeffi,enie,,.. ,
13.$6
�e
6.098
Q 13,123. 1 n pe
„tare
Market and Caf dila,
�P
DAA
Retail
947
Cell Serve Car Was
554
42°A
3.213
..�.
$5,245A)
AA ..t�v�c
Retw,;l Large
84.4
Nlaf et.. Store
&.S2
3"0
4.501
$7 34& 07-pef
KSF
FCetai1 Lafge
91-5
Freestanding Dis „t
4-49
4 -7 -OA
4.133
$6
Stora
K]7?_Fti
u cS�1
-
Page 11 of 20
-
Impact Fee per Trip T]..t�s.
wu cr..
0:1 6v27 A 7
$rsv�r
%7
Net New Trips
rY r.t �i'.nn_rin�±
,��,� 77
se
ITEITEr.u�.,.
IF-PIE Land Use
Trip
Pass
pff
Group
Code'
Rate-2By
4
Tripo
unit
Retail barge
$59
Supefmafket.
949
3- "0
6.067
en conA 52-per
Retail Lafg
854A2
23 x`5
6.422
$10A 4 2 A !1 pee
Retail Sma41r
5W
Library
7.3-0
"
7.308
Q,11,9! "{ 03-.lair
Retail Sm iin
L
84-6
L7af dwar-e/Paim Siere
444
-2"0
3.582
$4�,�503.66-pnr
Yzvt`
Retail SmA
$-2H
er..,eialty Retail Center
2-.4
�e
1.789
$2,920.4 "ff
KSF
Retail m
944
Automobile
2,62
0°�6
2.620
$ 4 977.07pff
KSF
Retail Smn
943
n,,t,....,obile Parts Sale
5-.9g
43-OA
3.400
S5,565 09 p
ReWl Sm is
848
Tire Store
4:5
20
2.998
$4,877.82 pe
Retail Sm i
$54
P"`.,.,,,.,.,:t..,s.a Market
.5 2.4 1
6 "0
20.440
$33,367,S^1 .,o
Retn.�t.
8-76
Appafel Stee
3,3
3`10
2.528
$4 _1126.89aor
1[S-F
Retail Sf,4
979
n rtM and Gr-a9t.. Store
6-.24-
3" 0 @
4.099
$6,691.4 4 per
Page 12 of 20
_
$1,632.47
°fie
ITIE
Land Use
ITIE
ITE Land 1 GategeFy4
Trip
Pass
pl"
Development
Group
Code-'
By
Development
Rate-2
u4tw
TFipO
unk
ail Small. —Smuii
8
8,40
5311A
3.948
$6,993.50 pe
Drive z c
U@rril Sm ci
984-
9,94-
4"0
5.054
$7,603.561w
..I Dr4yn_ Tlz.,.r
Retail Small
8W
Ftimiture Store
OA-5
-53-OA
0.212
KSF
a��et`cli� axires�i�r
%
PVD/Video
8
47 e
$11,322.91 pe
Retail Sm
944
12.13
4470A
6.429
S 10,
Retail Sm
93-2
Drive In Ba
24.30
47-OA
12.879
Q$21 ,024 58-p f
KSF
Reta�unr—evmc�irrlr
92-5.
DrirAeing Pla
1.34
33-5-OA
11.340
1 ,..s«
18,512.2
V
T -SF
Retailr—Sixccii
93-1
Quality Restaurant7A-9
44-0/6
4.194
$6,847.23-,
Retail Sm
9-.8-5
43-OA
5.615
$9�,� 1 65 C n pef
K-S-F
Retail Sm
�3
^� ,
26 15
�p�
47'76
^�
t
$71'771 .AA per
R"! S A
734
Fast Feed wAr:.o_Thr
32.655
tlp7
16-3^ 5
$26,650-07-pff
Page 13 of 20
impoet Fee per I--- late;
Q1 �2^f A7
srvs�rr
Land a Use
LaUse
Group
ITE
Code
FFE Land Ii:., r•a+.,go ,4
Tfip
�e3
�cri'CC
Pfkss
�
Tripo
per
�7�� a
., T+ Fee per
DevelopfneM
�s
UBW
Retail S}1"ruTi
�
( eff- elgonut CL-�.+�. w, e
455
� �
4"
�� �pU�iliE
29 3
$37,252.97 pe
Retail Sma44
942
Automobile Cafe Geate
344
2"0
2.239
$ 6 c n 3 pe f
�
�s
1 �
�Gt
Apt:..: iiTn,..�l,�.us
n ^L
9:26
11U�
0
0.260
$42 4.44
KSF
Serviees
31-0
Hotel
9:60
"
0.690
$979.48 pef
KSF
Serviees
329
Motel
9:47-
9°�
9.479
$gip
Sen4ees
660
Chufe
0,55-5
9°�
0.550
$897-86 pff
Serviees
-565
Day Care Centef
12.3 4
7 -5 -OA
3.095
$5,03 6.17-pff
KSF
+sserviees
72
U.S. Post Office
11.22
4 -TOA
5.947
$9,707.6S p
V
�SY
.litiTiT�7Sl�
■s �....... M iii
Page 14 of 20
'Sq. ft. v square �c, ye'n ch-icl r. ci.as- � aaifi
v
U. z
Section 8. Section 15.30.210 of the Bainbridge Island Municipal Code, Single-family
residential deferral program, is hereby amended to read as follows:
15.30.210 Single-family residential deferral program.
An applicant for a building permit for a single-family detached or attached
rns�e-dwelling, may request a deferral of the full impact fee payment until
final inspection. Deferral of impact fees is considered under the following
conditions:
A. An applicant for deferral must request the deferral no later than the time of
application for a building permit. Any request not so made shall be deemed
waived.
B. For the purposes of this deferral program, the following definitions apply:
1. "Applicant" includes an entity that controls the applicant, is controlled by the
applicant, or is under common control with the applicant.
2. "Single-family residence dwelling" means an permit fer- a single family
attached or detached ,.once dwelling, including an accessory dwelling unit
where permitted, as set forth in Chapter 15.04 18.36 BIMC.
C. To receive a deferral, an applicant must:
1. Submit a deferred impact fee application and acknowledgement form for each
single-family attached or detached residence for which the applicant wishes to
defer payment of the impact fees;
2. At the applicant's expense, grant and record a deferred impact fee lien in a
form approved by the city against the property in favor of the city in the amount
of the deferred impact fee that: _
a. Includes the legal description, tax account number, and address of the property;
b. Requires payment of the impact fees to the city prior to final inspection;
c. Is signed by all owners of the property, with all signatures acknowledged as
required for a deed and recorded in Kitsap County;
Page 15 of 20
d. Binds all successors in title after the recordation; and
e. Is junior and subordinate to one mortgage for the purpose of construction upon
the same real property, granted by the person who applied for the deferral of
impact fees.
D. The amount of impact fees deferred shall be determined by the fees in effect at
the time the applicant applies for a deferral.
E. Prior to final inspection, the applicant may pay the deferred amount in
installments, with no penalty for early payment.
F. The city shall withhold final inspection until the impact fees have been paid in
full. Upon receipt of final payment of impact fees deferred under this subsection,
the city shall execute a release of deferred impact fee lien for each single-family
attached or detached residence for which the impact fees have been received. The
applicant, or property owner at the time of release, shall be responsible for
recording the lien release at his or her expense.
G. The extinguishment of a deferred impact fee lien by the foreclosure of a lien
having priority does not affect the obligation to pay the impact fees as a condition
of final inspection.
H. The city will not issue occupancy permits, including temporary occupancy
permits, until the impact fee is paid in full. If a residence is discovered to be
occupied without full payment of impact fees, then the city may foreclose the lien.
Satisfactory evidence of occupancy includes but is not limited to the presence of
furnishings, personal belongings, and utility bills.
1. If impact fees are not paid in accordance with the deferral and in accordance
with the term provisions established herein, the city may institute foreclosure
proceedings in accordance with Chapter 61.12 RCW and may recover all costs
incurred, including reasonable attorneys' fees.
Section 9. Section 15.40.020 of the Bainbridge Island Municipal Code, Agreement for
analysis, is hereby repealed in its entirety.
Section 10. Section 15.40.025 of the Bainbridge Island Municipal Code, Traffic impact
analysis scope and study area, is hereby amended to read as follows:
The TIA shall be a thorough review of the immediate and long-range effects of
the traffic generated by the proposed development or improvement 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 location of each
proposed development or improvement.
Page 16 of 20
The TIA scope of work and study area shall be completed in conformance with
the "City of Bainbridge Island, Traffic Impact Analysis, Standardized Format
Requirements" document as approved by the public works director. Prior to
commencement of study activities, the TIA scope of work and study area shall be
submitted by the applicant or theapplicant's traffic engineer to the public works
director for review and acceptance. This review will be completed and a written
notice of acceptance, with or without conditions, or a notice of correction will be
issued within 7 business days after submittal of the proposed scope of work and
study area.
Section 11. Section 15.40.030 of the Bainbridge Island Municipal Code, Distribution of
and payment for TIA — Presumption of accuracy, is hereby amended to read as follows:
15.40.030
Review and acceptance.
x
pefeent a f the negotiated fee. The additional 10 per-eent is to pay for- the s Cos!
of administer-ing the eensultafA the eity
. ,
will execute a ppefessional sen4ees agreement with the selected cefisuhant and
authorize them te pr-eeeed with eompletien of the ra■ i.
Should, fer- any reason, !he cost ef eempleting the TIA exeeed the originally
negetiated x
be r-espensible fef payment ef any and all additional eests to eomplete the TIA.
Onee the initial nege4iated fee amount has been expended, work to eomplete the
of the estimated remaining eest to complete wer-k on the TIA.
delivered plies oapTof A. Upon receipt of the TIA, a review
will be completed within 30 business da s.
At the time of the delivery Upon completion of the review of the TIA, the public
works director shall fui4he provide the applicant with a description of any
additional study needed or any transportation facility improvements, dedications.,
and/or other mitigation required to be Enade 1,y the ^ pl iea„t as -a eenditi ,., o
, as supported by the TIA.
The findings and eenelusions set fefth in the TIA shall be deemed aeeur-ate an
Page 17 of 20
Section 12. Section 15.40.035 of the Bainbridge Island Municipal Code, Mitigation
Requirements, is hereby amended to read as follows:
• b ie works dii-eeter- hall be "� ..:«�,a The findings and conclusions set forth in
Jxxuaa uv +,,,:�ariavu
the TIA shall be deemed accurate and the required transportation facilit�r
improvements, dedications. and/or other mitigation shall be deemed as a condition
of approval of the proposed development or improvement.
Section 13. Section 15.40.040 of the Bainbridge Island Municipal Code, Additional Analysis, is
hereby amended to read as follows:
15.40.040ierr+si: Third -party review and appeal.
Within 15 calendar days following the date the results of the director's review of
the TIA are delivered to the applicant, the applicant may
object to the T44 findings by delivering to the public works director a written
objection to the T-1 A. Following the filing of the objection, the applicant shall
have -30 15 calendar days within which to present execute an agreement to have
the TIA submitted for a third -party review at the applicant's expense. T -The
public works director the applieanVs, ar-fanged and paid for by the
applieant; provided,
the4 such TIA most be pFepar-ed by an engineer duly eeFtified
and heensed within the state of Washing�on and ether -wise qualified te pr-epaf
s,,, will then submit the TIA to a pre -qualified traffic engineer for review.
This third -party review will be completed within 30 calendar days_ of the date the
agreement is executed by the a licant and the City. If the gapplicant fails to
deliver the required objection or executed agreement, within the deadlines
specified, such failure shall be deemed acce tante of the director's decision and
act as a bar to any further review or appeal.
The public works director shall consider the third -party review_
and its proposed alternative mitigation measures in reviewing the imposed
transportation facility improvements, dedications and/or other mitigation. The
public works director may modify such conditions or requirements as the director
deems reasonable or appropriate in light of the , third -party review.
The public works director shall notify the applicant of the director's decision
relating to the imposed transportation facility improvements, dedications and/or
other mitigation within 30 calendar days of the director's receipt of the applieant,
TI -4 third-pglly review.
Upon receipt of the final decision of the director, if the applicant is still in
disagreement with the decision, T -the applicant may appeal the public works
director's decision .
in accordance with the appeals process
Page 18 of 20
applicable to the particular proposed 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 14. Section 15.40.060 of the Bainbridge Island Municipal Code, Exemption, is hereby
amended to read as follows:
The requirements of BIMC 15.40.010 through 15.40.050 shall not be required for
a proposed development or improvement that ,.e.,en-Aes less than cn nv�^"6 dai15
trips (APT-) or- five a.m. or- five p.m. peak heur- 4ips per- the latest editien of the
1TE 'Trip generation N"conforms with BIMC 15.32.030.B.
Section 15. The Director shall, no later than December 15, 2017, publish an updated fee
schedule to be effective January 1, 2018. Said fee schedule shall be adjusted based on the
average Construction Cost Index (CCI) October 20 -city average published by
Engineering News -Record for October 2015 — October 2017.
Section 16. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law, as follows: Sections 1-6 and Sections 8-15 shall be
effective upon the effective date of this ordinance; Section 7 shall be effective January 1,
2018.
PASSED BY THE CITY COUNCIL this 10th day of October, 2017.
APPROVED BY THE MAYOR this I Ott
ATTEST/AUTHENTICATE:
Christine Brown, City lerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
September 8, 2017
October 10, 2017
October 13, 2017
Page 19 of 20
EFFECTIVE DATE: October 18, 2017 (Section 7 shall be effective
January 1, 2018)
ORDINANCE NUMBER: 2017-21
Page 20 of 20