Title 14 TRANSPORTATION CODE

The following words or phrases, whenever used in this chapter, shall have the meaning ascribed to them in this section unless, where used, the context shall clearly indicate to the contrary:

A. “Avenue” means a public or private thoroughfare dedicated or improved for general travel and as a means of primary access to the front of residential, business or other property and, except for occasional sinuosities, running in a generally north-south direction.

B. “Boulevard,” “drive” or “way” mean a public way dedicated or improved for general travel and as a primary means of access to the front of property, either as a thoroughfare or cul-de-sac, having such sinuosities as not to fit into the regular street or avenue pattern, or a divided or other ornamental way within or adjacent to a park, scenic or landscaped area and not being a portion or extension of a named street or avenue.

C. “Designating official” means the city engineer or other city administrative employee or employees ordered by the city manager to perform the duties of the designating official as herein prescribed.

D. “Place” means the same as a street or avenue but lying between and parallel to streets or avenues as an extra highway to the grid system of 16 streets to a mile; or a public or private way other than an alley, boulevard, drive or way which does not fit into the fixed street and avenue pattern by virtue of running at an acute angle to streets or avenues.

E. “Street” means a public or private thoroughfare dedicated or improved for general travel and as a means of primary access to the front of residential, business or other property and, except for occasional sinuosities, running in a generally east-west direction. (1961 code § 10.08.010.)

14.02.020 Numbering of streets.

The designating official shall assign numbers to all public or private ways now existing or hereafter established, which have not been named or numbered heretofore; provided, that no name or number shall be assigned to a private road or way unless the same shall be servient to one or more properties other than the tract of which it is a portion and unless an easement appurtenant has been granted by recorded deed. (1961 code § 10.08.020.)

14.02.030 Numbering principles.

The designating official shall assign a number to such streets, avenues or places by application of the following principles:

A. All streets, avenues (or places) shall be designated by numbers assigned at intervals of one-sixteenth of a mile from the base or meridian lines herein established.

B. The base line for street numbers shall be Main Street, located on the centerline of Sections 31 through 36, inclusive, in Township 25 North, Range 5 E.W.M.

C. Streets and places running generally east-west, north of Main Street shall bear the prefix Northeast (NE) and commencing with the designation “Northeast First Street” shall be assigned consecutively increasing numbers as the intervals increase to the north.

D. Streets and places running generally east-west, south of Main Street shall bear the prefix Southeast (SE) and commencing with the designation “Southeast First Street” shall be assigned consecutively increasing numbers as the intervals increase to the south.

E. The meridian line for avenues and places running generally north-south shall be 100th Avenue, located on the westerly line of Sections 5 through 32, inclusive, of Township 25 North, Range 5 E.W.M.

F. That portion of an avenue or place running generally north-south, lying north of Main Street shall bear the suffix Northeast (NE) while those portions lying south of Main Street shall bear the suffix Southeast (SE).

G. Avenues and places running generally north-south shall be assigned consecutively increasing numbers as the intervals increase to the east of 100th Avenue and consecutively decreasing numbers shall be assigned as the intervals increase to the west of 100th Avenue. (1961 code § 10.08.030.)

14.02.040 Prefixes and suffixes for boulevards.

Boulevards, drives and ways, whenever feasible, shall be designated with suffixes and prefixes to conform to the provisions of BCC 14.02.030 applicable to streets, places and avenues. When the boulevards, drives or ways are running in a predominantly east-west direction, the applicable prefixes will apply, and when the direction of such boulevards, drives or ways are predominantly north-south, the applicable suffix will apply. (1961 code § 10.08.040.)

14.02.050 Extensions to boulevards.

Extensions of existing boulevards, drives or ways shall bear the name of the existing boulevard, drive or way unless such extension is approximately straight and will fit into the system for designation of a street or avenue in which case the designating official shall designate such extension as a street or avenue unless the city council, by resolution, shall direct the extension to bear the name of the prior existing way. (1961 code § 10.08.050.)

14.02.060 Naming new boulevards.

New boulevards, drives or ways shall be named or designated by resolutions of the city council after recommendation by interested persons, community groups, planning commission or the designating official. (1961 code § 10.08.060.)

14.02.070 Naming existing streets.

All existing and named streets, avenues, places, boulevards, drives or ways shall continue to bear the designation heretofore existing under the King County numbering system unless changed by resolution or ordinance of the city council after the council has determined that the prior designation does not conform to the official street designating ordinance, that the public convenience and welfare will be served by such change in designation, or that the change in designation will implement the goals and policies of the city. (Ord. 5098 § 1, 1998; 1961 code § 10.08.070.)

14.02.080 Numbering houses required.

The designating official shall issue house or premises numbers to each new residence or other structure requiring a means of separate and simple identification at the time of issuing a building permit therefor. Such numbers shall be issued for preexisting building or premises upon the request of the owner or legal occupant where no such designating number has been issued, or where the issued number conflicts with the numbering system created by this chapter, and public convenience and welfare would be promoted by such renumbering. (1961 code § 10.08.080)

14.02.090 House numbering rules.

The numbers assigned by the designating official shall be determined by application of the following rules:

A. House or premises numbers shall be determined by adding two digits to the block number in which such house or premises is located. The block number shall be obtained by taking the number of the nearest street or avenue to the appropriate base line. Block numbers shall be obtained from streets or avenues only, and no consideration or change in block numbers shall be made by the intersection of a place.

B. Consecutive numbers shall be assigned on streets or places running east-west, for each 20-foot interval commencing from the nearest avenue intersection to the west of the house or premises.

C. Consecutive numbers shall be assigned on avenues for places running north-south, for each 20-foot interval from the nearest street intersection with the numbers beginning at the end of the block nearest the base line.

D. The houses or premises located on the south and/or west side of such streets, avenues, places or ways shall receive odd numbers and the premises or houses on the north and/or east side of such ways shall receive even numbers. (1961 code § 10.08.090.)

14.02.100 Title of chapter.

This chapter shall be known as the “official street and house designating ordinance.” (1961 code § 10.08.100.)

Chapter 14.06
TREES, WEEDS AND VEGETATION

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

14.06.010 Duty of abutting owner to abate nuisance.

Trees, plants, shrubs, vegetation or parts thereof which so overhang any sidewalk or street, or public right-of-way, or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public or to obstruct vision of the improved portion of a public right-of-way or intersection of streets or which damage, obstruct or endanger power lines, cables, conduits, sewers or drains rightfully located within a public right-of-way, or which have grown or died upon any property and are a fire hazard or a menace to public health, safety or welfare are a public nuisance. It is the duty of the owner of the property wherein or whereon any such nuisance exists or of the property abutting the street wherein or whereon such nuisance exists to abate the same by trimming, destroying or removing such growing or dead growth. (1961 code § 10.20.010.)

14.06.020 Penalty for noncompliance.

The failure or refusal to comply with the provisions of BCC 14.06.010 shall subject the offender to a fine not exceeding $300.00 or imprisonment not exceeding 90 days, or both fine and imprisonment. (1961 code § 10.20.020.)

14.06.030 Enforcement.

Members of the transportation department and parks department shall enforce this chapter and, if any property owners fail or refuse to abate any such nuisance as defined by BCC 14.06.010, the city manager or his/her designee may, in addition or as an alternative to the penalties prescribed by BCC 14.06.020, require such property owner to abate the nuisance by removal, trimming or destruction at such owner’s cost and expense within a specified time; and if the removal, trimming or destruction is not made by said owner within the time specified, the city may abate the same as provided in BCC 14.06.050. (Ord. 5686 § 1, 2006; 1961 code § 10.20.030.)

14.06.040 Notice of abatement.

Notice of the nuisance shall be mailed to the owner as such owner’s name appears upon the records of the county treasurer and at the address shown thereon, or, if no owner or address is shown upon such records, a copy of the notice shall be posted upon the property. The notice shall describe the property involved, the nature of the hazardous condition constituting the nuisance and require the owner to make such trimming, removal or destruction and state that in the event of the owner’s failure to do so, the city will cause the trimming, removal or destruction of such nuisance and that the cost thereof shall be borne by the owner of the property and become a lien against the property. (Ord. 5686 § 2, 2006; 1961 code § 10.20.040.)

14.06.050 Abatement by city – Costs – Lien.

If the nuisance is not abated by trimming, removal or destruction by the property owner within the time fixed in the resolution and notice, the enforcing officer may abate the nuisance and he shall render a statement covering the costs of such abatement, including all of the city’s expense, and mail the bill to the property owner. If the property owner fails or refuses to pay such bill, or if the owner cannot be found, the enforcing officer may cause a lien to be filed against said property which shall be in similar form filed with the same county officers within the same time and manner and enforced and foreclosed as in the manner provided by state law for foreclosure of labor and material liens. (1961 code § 10.20.050.)

14.06.060 Obstruction of utility wires.

No trees shall be allowed to come in contact with telephone, telegraph, electric or power wires located upon poles situated within public rights-of-way; provided, that such wires are 25 feet above the level of the public place over which they pass. When an enforcing agent of the city finds that trees are coming in contact with the wires of public service companies or the city located within a public right-of-way, notice requiring the trimming of the same shall be given to the property owner as in the manner provided in BCC 14.06.030 and 14.06.040 and if not so trimmed or removed within five days of such written notice served upon the owner of the property or property abutting the street wherein such trees are located or of the posting and publication of notice as above provided, the enforcing official may procure the performance of such work in the manner above provided or he may direct the superintendent of streets to issue a permit to the owners of the wires empowering them to trim such trees at such utilities’ expense. If the work is done by the owner of the wires, the enforcing official of the city or his agent shall accompany the utility’s employees to supervise the extent and manner of trimming of said trees and the cost of such supervision shall be borne by the owner of the wires. (1961 code § 10.20.060.)

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

Any public service company, municipality or quasi-municipal utility having knowledge of trees, plants, shrubs or vegetation which interfere with, endanger or threaten to interfere with or endanger overhead wires, lights or equipment or underground conduits, pipes, sewers or drains within the public right-of-way and desiring authority to trim or remove the same after failure or refusal of the owner to do so shall report such dangerous or threatening condition to the superintendent of streets, on forms provided therefor, and may make application for authority to trim and remove such trees, plants, shrubs or vegetation. The superintendent of streets, if he deems the condition described in the applicant’s report to constitute a nuisance, shall give notice to the property owner as provided in BCC 14.06.030, and cause the application and a copy of the notice to be presented to the city council at its next public meeting. At said meeting, the city council may order further investigation and report on the facts, may hear the property owner and may adopt a resolution requiring the property owner to abate the nuisance within the time specified in the resolution or order the abatement of the nuisance by city employees at the property owner’s cost and expense or may provide that the utility or public service company making application therefor shall have authority to trim and remove such plants, trees, shrubs and vegetation to such extent as is reasonable and necessary to abate the nuisance and to eliminate the danger to the utilities, wires, pipes, conduits, sewers and drains or to preserve the public health, safety and welfare. (1961 code § 10.20.070.)

14.06.080 Utility to post bond.

Before granting a permit to any public service company or quasi-municipal utility to trim or remove trees, plants, shrubs or vegetation as authorized by the council’s resolution, the licensing officer shall require the utility or quasi-municipal corporation to enter into an undertaking to hold the city harmless from damage or claim thereof resulting or alleged to result from such trimming or removal and to reimburse the city for the actual and reasonable cost of supervision by a city inspector of the trimming and removal. (1961 code § 10.20.080.)

14.06.090 Provisions supplemental.

The provisions of this chapter shall not be exclusive of other remedies available to the city and are supplemental and in addition to other ordinances or other legal remedies relating to the same. (1961 code § 10.20.090.)

14.06.100 Destruction of trees, shrubs, plants prohibited.

Except to abate a nuisance as defined herein, no person shall damage, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come in contact with any such tree, or allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves; provided, however, that nothing contained herein shall preclude either the owner or occupant of real property from trimming or removing trees, shrubs and plants placed in the parking strip of such real property by such owner or occupant. (1961 code § 10.20.100.)

Chapter 14.10
TRAFFIC STANDARDS CODE Amended Ord. 5883

14.10.005 Purpose.

The purpose of this chapter is to set forth specific standards providing for city compliance with the concurrency requirements of the state Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. GMA requires that adequate street capacity be provided concurrently with development to handle the increased traffic projected to result from growth and development in the city and region. Responding to the changing framework of the future of transportation, these standards ensure compliance through the inclusion of:

A. Roadway standards that balance congestion management with land use objectives;

B. Mobility management areas with long-range objectives and shorter-term standards tailored to each area’s characteristics and needs;

C. Level-of-service standards for each mobility management area, to include: reflection of availability of other mobility options; adjustment of levels of service where appropriate; interim standards for specific areas until completion of interlocal negotiations; consideration of trips crossing mobility management area boundaries; use of area-average method of evaluating roadway system adequacy, and use of an averaged two-hour p.m. peak period representing extended high trip volume periods. (Ord. 5081 § 1, 1998; Ord. 4606 § 2, 1993.)

14.10.010 Definitions.

A. “Affected intersection” means a signalized system intersection within a mobility management area in the city; or over which the city has operational responsibility under an interlocal agreement, as authorized by Chapter 39.34 RCW or other law; or where there is such an interlocal agreement to apply this chapter to the intersection; and to which the development proposal is projected to add 20 or more P.M. peak period average trips.

B. “Affected mobility management area” means any mobility management area with an affected intersection.

C. “Area-average level of service” means the sum of the critical volumes of the signalized system intersections within a mobility management area divided by the sum of the capacity of the signalized system intersections within that mobility management area.

D. “Background traffic” means the volume of traffic that is projected to occur on the street system as of the anticipated date of occupancy of a proposal. Background traffic includes regional traffic, anticipated traffic from all proposals which have been approved under Chapter 23.10 BCC, approved Process I and Process II applications, and approved Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction. Approved Process I and II applications, and Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction shall be excluded from background traffic calculations after a one-year period, unless a building permit application has been filed.

E. “Concurrency” means a requirement of the 1990 Growth Management Act ( RCW 36.70A.070 (6)) that the city must enforce an ordinance precluding approval of a proposed development if that development would cause the level of service of a transportation facility to fall below the city’s adopted standard, unless revenues are secured to complete mitigating transportation improvements or strategies within six years. In the city of Bellevue, “transportation facility” is defined as any mobility management area. When a development fails to meet the concurrency test, mitigation will be required to accommodate the impacts of the development. Transportation demand management and other nonroadway strategies may be used.

F. “Congestion allowance” means the number of signalized system intersections allowed to exceed the level-of-service standard adopted for a mobility management area.

G. “Degradation” means an increase in the volume/capacity ratio (v/c ratio) above the area-wide level-of-service standard for a mobility management area as established in BCC 14.10.030; or an increase beyond the congestion allowance in the number of signalized system intersections exceeding the level-of-service standard.

H. “Director” means the director of the transportation department for the city of Bellevue, the director’s authorized representative, or any representative authorized by the city manager.

I. “Fully funded project” means a project in the most recently adopted capital investment program plan for the city or similar capital program of another jurisdiction which has sufficient revenues secured for construction.

J. “Level-of-service” means the degree of saturation of an intersection. It is measured as the summation of the flow ratios for all critical lane groups in the intersection.

K. “Mitigation,” for the purposes of this chapter, means transportation demand management strategies or facility improvements constructed or financed by a developer which return a degraded area-wide level of service to the standard of the area. If an area already exceeds the standard prior to the development proposal, “mitigation” means transportation demand management strategies or facility improvements constructed or financed by a developer that at the least maintains the area-wide level of service existing prior to the development.

L. “Mobility management areas” means distinct areas with boundaries based on factors such as area-specific mobility targets. Mobility management areas are shown mapped in BCC 14.10.060. Some mobility management areas include intersections outside the city’s jurisdiction; see Transportation Element policies TR-30 and TR-31.

N. “P.M. peak period (averaged) level of service” means the v/c ratio of a system intersection calculated using the P.M. peak period average trips.

O. “P.M. peak period average trips” means the average of the total vehicular trips between 4:00 p.m. and 5:00 p.m. and between 5:00 p.m. and 6:00 p.m.

P. “System intersection” means an intersection which contributes to the system function within each mobility management area. System intersections within the mobility management areas are listed and mapped in BCC 14.10.060.

Q. “Transportation demand management” means strategies designed to increase the efficiency of existing capital transportation facilities, including, but not limited to, transit and ridesharing incentives, flexible working hours, parking management, and pedestrian enhancements to decrease single-occupancy vehicle trips.

R. “Under construction” means when a construction contract for a project has been awarded or actual physical alteration or improvement has occurred on the site.

S. “Volume/capacity ratio (v/c ratio)” means the flow ratio for a lane group as defined in the Transportation Research Board Highway Capacity Manual, Special Report 209, using the operational analysis method where “v” equals the actual or projected demand flow rate for a lane group in vehicles per hour, and “c” equals the capacity of a lane group in vehicles per hour. (Ord. 5309 § 1, 2001; Ord. 5081 § 2, 1998; Ord. 4823 § 1, 1995; Ord. 4606 § 2, 1993.)

14.10.020 Application and administration.

A. General Application. This chapter applies to all applications filed after its effective date under Bellevue City Code (Land Use Code) Process I (LUC 20.35.100 et seq.); Process II (LUC 20.35.200 et seq.); Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within community council jurisdiction (LUC 20.35.300 et seq.); and Chapter 23.10 BCC; if the proposal or use will generate 30 or more new P.M. peak period average trips; provided, this chapter shall not apply to final plan approval or to any building permit for a planned unit development which received preliminary plan approval prior to June 14, 1989. The trip generation rate is based on the most recent “Trip Generation,” published by the Institute of Transportation Engineers. Other trip generation rate sources may be used where ITE data are based on a limited survey base or where there may be special trip-generating characteristics of the proposal.

B. Phased Development. A phased development is any Process I or Process II approval, or Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within community council jurisdiction, involving multiple buildings where issuance of building permits under Chapter 23.10 BCC could occur for individual buildings. The requirements of this chapter shall be applied for all phases at the time of approval of the initial phase and may be adjusted for each subsequent phase based on the cumulative impact of all the phases.

C. Single Project Limits. All Process I, Process II, Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction and Chapter 23.10 BCC applications which have been submitted for a single project limit (as defined in Bellevue City Code (LUC 20.50.040) within the three-year period immediately prior to an application will be considered as being a single application for purposes of determining under subsection A of this section whether this chapter applies to the application.

D. Change in Occupancy. This chapter applies to applications for tenant improvement permits where SEPA review is required and 30 or more new p.m. peak period average trips will be generated.

E. Concomitant Agreements. This chapter applies to any development application that is subject to an existing concomitant agreement unless the agreement specifically provides otherwise.

F. SEPA. This chapter establishes minimum standards which are to be applied to all proposals in order to provide street capacity improvements to minimize traffic congestion on the streets and highways in the city. This chapter is not intended to limit the application of the State Environmental Policy Act to specific proposals. Each proposal shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act and the Bellevue Environmental Procedures Code (Chapter 22.02 BCC).

G. Reconstruction of Destroyed Buildings. If a building to which this chapter did not apply at time of construction is destroyed by fire, explosion or act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building is anticipated to produce trips in excess of those produced by the destroyed building.

H. Administration. The director shall be responsible for the administration of this chapter. The director may adopt rules for the implementation of this chapter; provided the director shall first hold a public hearing. The director shall publish notice of intent to adopt any rule and the date, time and place of the public hearing thereon in a newspaper of general circulation in the city at least 20 days prior to the hearing date. Any person may submit written comment to the director in response to such notice, and/or may speak at the public hearing. Following the public hearing the director shall adopt, adopt with modifications, or reject the proposed rules.

I. Exemptions. The portion of any project used for any of the following purposes is exempt from the requirements of this chapter:

1. Child care facility for children, as defined in LUC 20.50.014, if not operated for profit;

4. Privately operated not-for-profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3);

5. Affordable housing, which is defined as housing which is affordable to persons whose income is below 80 percent of the median income for persons residing in the Seattle Metropolitan Statistical Area;

Notwithstanding the exemptions hereunder provided, the traffic resulting from an exempt use shall nonetheless be included in computing background traffic for any nonexempt project. (Ord. 5555 § 1, 2004; Ord. 5309 § 2, 2001; Ord. 5308 § 1, 2001; Ord. 5081 § 3, 1998; Ord. 4823 § 2, 1995; Ord. 4606 § 2, 1993.)

14.10.030 Level-of-service standard.

A. Area-Average Level-of-Service Standards. P.M. peak period (averaged) level-of-service standards are tailored for each mobility management area, reflecting distinct conditions and multiple community objectives, with an area-average approach used to measure system adequacy. In this approach, the average level-of-service of the system intersections within each area is calculated. The congestion allowance specified for each mobility management area is the maximum number of system intersections allowed to exceed the area-average level-of-service standard set for a mobility management area. The area-average level-of-service standard and the congestion allowance for each mobility management area are:


Mobility Management Area		Area-Average LOS Standard (Maximum v/c Ratio)	Congestion Allowance
Regional Center		0.950
	(Downtown/Area #3)		9
Activity Area		0.950
	(Factoria/Area #13)		5
Mixed Commercial/ Residential Areas		0.900
Mixed Commercial/ Residential Areas		0.900
	(Bel-Red/Northup/Area #4)		10
	(Bel-Red/Northup/Area #4)		10
	(Crossroads/Area #5)		2
	(Eastgate/Area #10)		4
Interlocal Areas		0.950
	(Overlake/Area #12)		9
Residential Group 1		0.850
	(North Bellevue/Area #1)		3
	(South Bellevue/Area #7)		4
	(Richards Valley/Area #8)		5
	(East Bellevue/Area #9)		5
Residential Group 2		0.800
	(Bridle Trails/Area #2)		2
	(NE Bellevue/Area #6)		2
	(Newcastle/Area #11)		3
	(Newport/Area #14)		*
*No system intersections are currently identified in this mobility management area.

B. Degradation of Mobility Management Areas. Degradation of a mobility management area is defined in BCC 14.10.010. If the maximum v/c ratio of a mobility management area is already exceeded prior to a development proposal, the development proposal may not degrade the v/c ratio further. If the congestion allowance of a mobility management area is already exceeded prior to the development proposal, the development proposal may not degrade the congestion allowance further. (Ord. 5081 § 4, 1998; Ord. 4823 § 3, 1995; Ord. 4606 § 2, 1993.)

14.10.040 Review of development proposals.

A. Application. The director will review any proposal which is subject to this chapter under BCC 14.10.020 to determine its impact on each mobility management area it affects.

B. Development Approval. A proposal (consisting of a development project and mitigation, if any) meets the requirements of this chapter if the volume of traffic resulting from the proposal when added to the background traffic volumes of the affected intersections (1) would not cause degradation of the area-wide level-of-service in any mobility management area, and (2) would not cause the congestion limit to be exceeded in any mobility management area. The developer may rely on capacity provided by fully funded projects, including projects in the current capital investment program as defined in BCC 14.10.010(I), and capacity provided by street improvements under contract as part of other approved development proposals.

C. Development Denial. The proposal will not be approved under this chapter if it causes degradation not mitigated by (1) the existing street network, (2) fully funded projects, (3) street improvements under contract as part of other approved development proposals which are fully funded, or (4) developer mitigation constructed in accordance with BCC 14.10.050.

D. Director’s Decision and Appeal Process.

1. The director will determine if mitigation is required under this chapter.

2. If mitigation is required, the director shall determine if the mitigation proposed by the developer meets the requirements of BCC 14.10.050. Notice of the director’s decision and the transportation improvements required shall be published once in a newspaper of general circulation in the city or consolidated with any other notice required by the Bellevue Land Use Code or Environmental Procedures Code.

3. Any party who has standing to appeal may appeal the director’s decision to the hearing examiner pursuant to the Process II appeal procedures, BCC (Land Use Code) 20.35.250.

4. Any appeal of the director’s decision must be filed with the city clerk within the time period required in Process II, BCC (Land Use Code) 20.35.200 et seq.

E. Changes to Fully Funded Projects. If the list of fully funded projects is modified after the time the proposal vests under BCC 23.10.032, the applicant may elect to rely on the new capacity provided by the modified list of fully funded projects; provided, that such election must be made prior to issuance of a building permit. (Ord. 5081 § 5, 1998; Ord. 4978 § 30, 1997; Ord. 4823 § 4, 1995; Ord. 4606 § 2, 1993.)

14.10.050 Methods of providing transportation improvements.

A. Mitigation Methods. If mitigation is required to meet the area-average level-of-service standard or congestion allowance in any mobility management area, the applicant may choose to (1) reduce the size of the development until the standard is met, (2) delay the development schedule until the city and/or others provide needed improvements, or (3) provide the mitigation per subsection B of this section.

B. Payment for and Timing of Improvements.

1. Construction improvements to intersections subject to the city’s direct operational control

which are required of a developer under BCC 14.10.040 must be under construction within six months after issuance of a certificate of occupancy, final plat approval, or other such approval. The director shall require an assurance device to guarantee completion of such improvements in accordance with LUC 20.40.490.

2. The developer may provide funding in an amount equal to the director’s cost estimate for improvements required under BCC 14.10.040. The director may require actual construction rather than provision of funding. Payment for transportation improvements must occur by the time of building permit issuance, final plat approval, or other such approval.

3. All funds received by the city under subsection (B)(2) of this section shall be expended within six years of receipt. Any funds not expended within six years of receipt shall be refunded in full to the property owner currently of record, plus interest earned, less a reasonable administrative charge for processing.

4. The director may recommend to the city council approval of latecomer agreements as provided by state law or for other reimbursement from properties benefited by the improvements.

5. A proposal for construction of transportation improvements to intersections partially or wholly outside the city’s direct operational control, or payment for those improvements in an amount equal to the director’s cost estimate, which improvements are required of a developer to meet the requirement of BCC 14.10.040(B), must be submitted to the agencies which have control for approval. Should the agencies elect to postpone the proposed improvements, or refuse to accept the proposed mitigation, the director shall collect and hold the amount estimated for mitigation until the improvement is made or until six years have elapsed. Any funds not expended within six years of receipt shall be refunded in full to the property owner currently of record, plus interest earned, less a reasonable administrative charge for processing. An assurance device in accordance with LUC 20.40.490 may, with the agencies’ approval, substitute for the payment or construction.

C. Transportation Demand Management.

1. As a mitigation measure, the developer may propose and establish transportation demand management strategies to reduce single-occupancy vehicle trips generated by the project. The director will determine the corresponding trip volume reduction, which for purposes of determining compliance with this chapter shall not be greater than 30 percent. The director will have discretion to grant an exception to the 30 percent limit.

2. The director shall monitor and enforce the transportation demand management performance as directed under BCC 14.60.070 (Transportation Management Program) and through programs developed for the downtown in accordance with BCC 14.60.080 (Transportation Management Program – Downtown). The director will determine if a performance assurance device will be required.

D. Decision Criteria – Acceptable Mitigation. Acceptable mitigation requires a finding by the director that:

1. The mitigation is consistent with the comprehensive plan.

2. The mitigation contributes to system performance.

3. If the mitigation proposed involves an intersection, the intersection must be operating at a v/c ratio of 0.851 or greater, except in residential group #2, where intersections must be operating at a v/c ratio of 0.800 or greater.

4. Improvements to an intersection or roadway may not shift traffic to a residential area.

5. Improvements to an intersection or roadway may not shift traffic to other intersections for which there is no acceptable mitigation available.

6. Improvements to an intersection or roadway may not shift traffic to intersections within another jurisdiction which would violate that jurisdiction’s policies and regulations.

7. Improvements to an intersection or roadway may not shift traffic to another mobility management area when such a shift would violate that mobility management area’s objectives and standards.

8. The effect of the improvement may not result in a reduction or loss of another transportation objective, including but not limited to high occupancy vehicle lanes, sidewalks, or bicycle lanes.

9. The adverse environmental impacts of the facilities improvement can be reasonably alleviated.

10. The improvement will not violate accepted engineering standards and practices.

Notwithstanding the foregoing, the director has the authority, in the director’s sole discretion, to require correction of a documented safety-related deficiency. (Ord. 5309 § 3, 2001; Ord. 5081 § 6, 1998; Ord. 4823 § 5, 1995; Ord. 4606 § 2, 1993.)

14.10.060 Mobility management area system intersections and map.

Area 1: North Bellevue

Int. # North-South Street East-West Street

69 Bellevue Way NE NE 24th Street

74 Bellevue Way NE Northup Way NE

78 108th Ave. NE Northup Way NE

93 Lake Washington Blvd. NE 1st/NE 10th

Area 2: Bridle Trails

Int. # North-South Street East-West Street

118 Northup Way NE 24th Street

123(F) 140th Ave. NE NE 40th Street

Area 3: Downtown

Int. # North-South Street East-West Street

3 100th Ave. NE NE 8th Street

5 Bellevue Way NE NE 12th Street

7 Bellevue Way NE NE 8th Street

8 Bellevue Way NE NE 4th Street

9 Bellevue Way Main Street

20 108th Ave. NE NE 12th Street

21 108th Ave. NE NE 8th Street

22 108th Ave. NE NE 4th Street

24 108th Ave. Main Street

25 112th Ave. NE NE 12th Street

26 112th Ave. NE NE 8th Street

36 112th Ave. Main Street

72 112th Ave. NE NE 4th Street

Area 4: Bel-Red/Northup

Int. # North-South Street East-West Street

29 116th Ave. NE NE 12th Street

30 116th Ave. NE NE 8th Street

32 120th Ave. NE NE 12th Street

34 124th Ave. NE Bel-Red Road

35 124th Ave. NE NE 8th Street

37 130th Ave. NE Bel-Red Road

68 130th Ave. NE NE 20th Street

73 116th Ave. Main Street

88 124th Ave. NE Northup Way NE

114 116th Ave. NE Northup Way NE

116 115th Place NE Northup Way NE

117 120th Ave. NE NE 20th Street

131 116th Ave. SE SE 1st Street

139 116th Ave. NE NE 4th Street

233 120th Ave. NE NE 8th Street

Area 5: Crossroads

Int. # North-South Street East-West Street

58 Bel-Red Road NE 20th Street

62 156th Ave. NE Northup Way

63 156th Ave. NE NE 8th Street

Area 6: North-East Bellevue

Int. # North-South Street East-West Street

75 164th Ave. NE NE 24th Street

76 164th Ave. NE Northup Way

87 164th Ave. NE NE 8th Street

111 Northup Way NE 8th Street

Area 7: South Bellevue

Int. # North-South Street East-West Street

14 112th Ave. SE Bellevue Way SE

89 112th Ave. SE SE 8th Street

102 118th Ave. SE SE 8th Street

219 I-405 NB Ramps SE 8th Street

226 I-405 SB Ramps SE 8th Street

Area 8: Richards Valley

Int. # North-South Street East-West Street

43 140th Ave. SE SE 8th Street

44 145th Place SE Lake Hills Blvd.

45 145th Place SE SE 16th Street

71 Lake Hills Connector SE 7th Pl./SE 8th Street

82 Richards Road Kamber Road

85 Richards Road SE 32nd Street

134 Richards Road Lake Hills Connector

280(F) Sunset Connector Kamber Road

Area 9: East Bellevue

Int. # North-South Street East-West Street

41 140th Ave. NE NE 8th Street

42 140th Ave. Main Street

49 148th Ave. NE NE 8th Street

50 148th Ave. Main Street

51 148th Ave. SE Lake Hills Blvd.

52 148th Ave. SE SE 16th Street

55 148th Ave. SE SE 24th Street

65 148th Ave. SE SE 8th Street

83 156th Ave. Main Street

Area 10: Eastgate

Int. # North-South Street East-West Street

56 148th Ave. SE SE 27th Street

86 156th Ave. SE SE Eastgate Way

92 161st Ave. SE SE Eastgate Way

101 150th Ave. SE SE Eastgate Way

171 142nd Ave. SE SE 36th Street

174 150th Ave. SE SE 38th Street

227 150th Ave. SE I-90 EB Off-Ramp/SE 36

272(F) Sunset Connector SE Eastgate Way

Area 11: Newcastle

Int. # North-South Street East-West Street

98 Coal Creek Parkway Forest Drive

133 150th Ave. SE SE Newport Way

228(F) SR-901/Lakemont

Blvd. Ex SE Newport Way

229(F) Lakemont Blvd. Forest Drive

242(F) 164th Ave. SE Lakemont Blvd/Lakemont

257(F) 164th Ave. SE SE Newport Way

Area 12: Overlake

Int. # North-South Street East-West Street

39 140th Ave. NE NE 20th Street

40 140th Ave. NE Bel-Red Road

47 148th Ave. NE NE 20th Street

48 148th Ave. NE Bel-Red Road

59 Bel-Red Road NE 24th Street

60 156th Ave. NE Bel-Red Road

61 156th Ave. NE NE 24th Street

64 140th Ave. NE NE 24th Street

79 148th Ave. NE NE 40th Street

81 148th Ave. NE NE 24th Street

138 Bel-Red Road NE 40th Street

188 148th Ave. NE NE 29th Street

189(F) NE 29th Place NE 24th Street

239 156th Ave. NE NE 40th Street

249 148th Ave. NE NE 51st Street

250(F) SR-520 SB Ramps NE 51st Street

251(F) SR-520 NB Ramps NE 51st Street

255 156th Ave. NE NE 51st Street

264 156th Ave. NE NE 31st Street

Area 13: Factoria

Int. # North-South Street East-West Street

105 Richards Road SE Eastgate Way

202 128th Ave. SE/
Newport Way SE Newport Way

203 SE Newport Way Coal Creek Parkway

204 128th Ave. SE SE 36th Street

220 I-405 NB Ramps Coal Creek Parkway

221 I-405 SB Ramps Coal Creek Parkway

222 128th Ave. SE SE 38th Place

284(F) 124th Ave. SE Coal Creek Parkway

Area 14: Newport

No system intersections are currently identified in this mobility management area.

Notes:

See Attachment A for map.

(F) designates future signal.

(Ord. 5081 § 7, 1998; Ord. 4823 § 6, 1995; Ord. 4606 § 2, 1993.)

Attachment A

Chapter 14.20
FRANCHISE TERMS AND CONDITIONS¹

Sections:

14.20.010 Scope of chapter.

14.20.020 Franchise as a contract.

14.20.030 Franchise term.

14.20.040 Franchise not exclusive.

14.20.050 Subject to authority.

14.20.060 Franchise applications – Contents.

14.20.070 Application fee.

14.20.080 Consideration of applications.

14.20.090 Franchise acceptance.

14.20.100 Franchise performance bond.

14.20.110 Legal acquisition by purchase or condemnation.

14.20.120 Rights of grantee.

14.20.130 Construction approval and inspection.

14.20.140 Time for start and completion of construction – Termination of franchise.

14.20.150 Relocation.

14.20.160 Transfer of ownership or control.

14.20.170 Successors to grantee.

14.20.180 Forfeiture of rights.

14.20.190 Assumption of liability.

14.20.200 Insurance.

14.20.210 Grantee to indemnify city.

14.20.220 Extent of grantee’s obligations.

14.20.230 Franchise fee.

14.20.240 Charge for administrative costs.

14.20.250 Liquidated damages.

14.20.260 Civil penalties and additional relief.

14.20.270 Revocation and termination.

14.20.280 Procedures for termination.

14.20.290 Changes in provisions.

14.20.300 Force majeure.

14.20.010 Scope of chapter.

The following terms and conditions shall apply and shall be deemed to be terms and conditions of any franchise to use the right-of-way or other public property of the city hereafter granted by the city to any municipal or private corporation engaged in the public service or utility business, unless and except to the extent that such ordinance or resolution granting such franchise expressly provides terms or conditions contrary to those herein contained. (Ord. 5532 § 2, 2004.)

14.20.020 Franchise as a contract.

A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between a grantee and the city. In the event of a conflict between the provisions of this chapter and a franchise issued pursuant hereto, the provisions of this chapter shall govern unless the franchise clearly states the parties’ intent to have the provisions of the franchise control over the provisions of this chapter. Each party shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of a franchise, and a grantee shall further comply with all written rules, orders and regulations applicable to and not inconsistent with a franchise, which rules, orders and regulations are issued, promulgated or made pursuant to the provisions of this chapter or other lawful authority. (Ord. 5532 § 2, 2004.)

14.20.030 Franchise term.

The term of a franchise shall be specified in a franchise agreement, but it shall not exceed 10 years. (Ord. 5532 § 2, 2004.)

14.20.040 Franchise not exclusive.

Such grant or privilege pursuant to the provisions of this chapter shall not be deemed or held to be an exclusive franchise. It shall in no manner prohibit the city from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any right-of-way or other public property and shall in no way prevent or prohibit the city using any of said right-of-way or other public property, or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance, etc., of same as they deem fit. (Ord. 5532 § 2, 2004.)

14.20.050 Subject to authority.

A grantee shall, at all times during the term of a franchise, be subject to all lawful exercise of the police power by the city and to such lawful regulations as the city shall hereafter enact. A grantee shall construct, operate and maintain all equipment, facilities or other improvements in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the state of Washington, the city or any agency of said governments with jurisdiction over said activities. (Ord. 5532 § 2, 2004.)

14.20.060 Franchise applications – Contents.

All applications to construct, operate, or maintain necessary equipment, facilities and other improvements shall be filed with the director of transportation or his or her designee. An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. To be acceptable for filing, an original and two copies of the application must be submitted and be accompanied by the application filing fee where required.

At a minimum, each application for an initial franchise shall set forth the following information. The city may waive the requirement for submitting some or all of this information when the application is for the renewal of an existing franchise.

A. The name, address and telephone number of the applicant.

B. A detailed statement of the corporate or other business organization of the applicant.

C. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application. If the corporate or business entity organization of the applicant has not been in existence for a full five years, applicant shall submit a certified financial statement for the period of its existence.

D. A detailed description of all previous experience of the applicant in providing the intended service which includes a statement identifying, by place and date, all other franchises awarded to the applicant, its parent or subsidiary; the status of the franchises with respect to completion; the total cost of completion of such systems; and the amount of applicant’s and its parent’s or subsidiary’s resources committed to such systems.

E. An indication of whether the applicant, or any person or entity controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a franchise revoked, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, federal or state safety laws or regulations, any felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances.

F. A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:

1. A detailed map indicating a proposed time schedule for the installation of all equipment, facilities and other improvements necessary to become operational, a description of the construction of the proposed system including an estimate of the above and below ground mileage and the projected total cost for construction of the system.

2. A detailed statement describing the physical facility proposed, technical design, the actual equipment, and the operational and technical standards proposed by the applicant.

G. Any other information reasonably requested by the city which is deemed necessary to evaluate the applicant or which could materially affect the granting of the franchise.

H. The city at its discretion may decide to accept less than the documentation above if it can establish through other sources that the applicant can meet the technical, financial and legal qualifications to meet all of the terms and conditions of a franchise and that the applicant is a competent operator of such systems. (Ord. 5532 § 2, 2004.)

14.20.070 Application fee.

A. Unless prohibited by applicable law, each application for new franchise; the renewal of an existing franchise; any sale, assignment, merger, transfer or change of control; or any request for modification of or any other relief from the duties and obligations of a franchise shall be accompanied by a nonrefundable minimum filing fee of $5,000.

B. Unless prohibited by applicable law, where the city’s actual out-of-pocket costs in considering the application exceed the $5,000 minimum application filing fee, such costs shall be paid by the applicant. The city will bill for out-of-pocket costs on a quarterly basis with payment terms of 30 calendar days. If invoices are not paid within the 30 days, the applicant shall be charged and shall pay interest at the rate of 12 percent per annum of the amount of the unpaid or underpaid costs; provided, however, that such rate does not exceed the maximum amount allowed under applicable law. The invoice will provide the method of calculation, documentation and total amounts due less the original credit of the $5,000 filing fee. The city will submit the final invoice within 30 calendar days from the date of the approval or denial of the franchise by the city council. (Ord. 5532 § 2, 2004.)

14.20.080 Consideration of applications.

A. The city will consider each application for a new or renewed franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals (RFP). In evaluating an application the city will consider, among other things, the applicant’s past service and safety record in the city and in other communities, the nature of the proposed facilities and services, proposed area of service, proposed rates, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the city.

B. If the city determines that an applicant’s proposal for a new franchise would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the city. No franchise shall be deemed granted unless and until a franchise agreement acceptable to the parties has been executed. Any such franchise must be approved by resolution or ordinance of the city council in accordance with applicable law.

C. Where the application is for a renewed franchise, the city shall consider whether:

1. The applicant has substantially complied with the material terms of the existing franchise and with applicable law;

2. The quality of the applicant’s service, where applicable, has been reasonable in light of community needs;

3. The applicant’s use or occupation of the right-of-way presents an unreasonable or unacceptable risk to public health, safety or welfare and whether the applicant’s construction, installation, operation or maintenance practices for the cable communications system are or have been conducted in an unsafe or dangerous manner; and

4. The applicant has the ability to provide the services, facilities and equipment as set forth in the application.

D. In the course of considering an application for a renewed franchise, the city council shall adhere to all requirements of applicable law. In the event the city makes a preliminary assessment that the franchise should not be renewed, the city or the city’s hearing body shall hold a public hearing or hearings, in which the grantee seeking renewal shall be afforded a fair opportunity for full participation, including the right to testify, to require the production of and to introduce evidence, and to question witnesses. Notice of any such public hearing shall, at least 10 days before the date of the hearing, be published in a local newspaper of general circulation in the city and be sent by certified mail to each applicant to be considered. A transcript shall be made of such hearing. Within a reasonable time following the conclusion of such hearing, the council shall issue a written decision granting or denying the proposal for renewal based on the record of such proceeding and stating the reasons therefor. The city shall transmit a copy of said decision to the applicant. If the proposal is granted, the parties shall proceed to negotiate the terms and conditions of a renewed franchise, based on said proposal. Any denial of an application for a renewed franchise shall be based on one or more adverse findings made with respect to the factors described in subsection (A) of this section, pursuant to the requirements of applicable law. Neither grantee nor the city shall be deemed to have waived any right it may have under federal or state law by participating in a proceeding pursuant to this subsection. (Ord. 5532 § 2, 2004.)

14.20.090 Franchise acceptance.

A franchise and its terms and conditions shall be accepted by written instrument, in a form acceptable to the city clerk, and shall be executed and filed with the city within 30 days after the granting of the franchise by the city. In its acceptance, a grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions of this chapter and the franchise and agrees to abide by same. In accepting a franchise, a grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it had the assistance of counsel, that it was not induced to accept a franchise, and that it accepts all reasonable risks related to the interpretation of the franchise. (Ord. 5532 § 2, 2004.)

14.20.100 Franchise performance bond.

The grantee shall, within 30 days of the effective date of any franchise granted under this chapter or within 30 days of the granting of a renewal or the transfer of a franchise, furnish to the city a franchise performance bond. The franchise performance bond shall be used to guarantee compliance with the terms and conditions of the franchise and payment of all sums which may become due to the city under this chapter or franchise issued pursuant hereto. The franchise performance bond shall be maintained in the full amount specified in the franchise, throughout the term of the franchise and for one year after the franchise expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this chapter. This section in no way impairs the city’s ability to require bonds in accordance with Chapter 14.30 BCC, as from time to time amended. (Ord. 5532 § 2, 2004.)

14.20.110 Legal acquisition by purchase or condemnation.

The granting of a franchise shall not preclude the city from acquiring by purchase or condemnation any or all of the equipment, facilities or other improvements installed by the grantee within the right-of-way or other public property within the city by such legal means as would have been available to such municipality if no such franchise had been granted. (Ord. 5532 § 2, 2004.)

14.20.120 Rights of grantee.

The grantee shall have the right and authority, to the extent expressed in the franchise, to enter upon the right-of-way and other public property designated by said franchise for the purpose of constructing, maintaining and operating necessary equipment, facilities and other improvements within such property, in conformity with local, state and federal statutes and regulations now in force or hereinafter enacted governing such utilities. (Ord. 5532 § 2, 2004.)

14.20.130 Construction approval and inspection.

The grantee shall construct, install, operate and maintain its equipment, facilities and other improvements in the right-of-way or other public property pursuant to plans and specifications approved by the transportation department and under the supervision and inspection of a supervisor or inspector provided by the city at the expense of such grantee. (Ord. 5532 § 2, 2004.)

14.20.140 Time for start and completion of construction – Termination of franchise.

The grantee, its successors or assigns shall commence system construction within the time stated within the franchise, and shall complete and have in operation such portion of the system as may be specified in the franchise or the franchise shall be voidable by the city and the rights therein conferred upon the grantee may cease and terminate. (Ord. 5532 § 2, 2004.)

14.20.150 Relocation.

A. Whenever the city causes the construction of any project within the franchise area or on public grounds and such construction necessitates the relocation of grantee’s facilities from their existing location within the franchise area or on such public grounds and places, such relocation will be at no cost to the city.

B. In the event an emergency posing a threat to public safety or welfare requires the relocation of grantee’s facilities, the city shall give notice of the emergency as soon as reasonably practicable. Upon receipt of such notice from the city, grantee shall endeavor to respond as soon as reasonably practicable to relocate the affected facilities.

C. Whenever any third party requires the relocation of grantee’s facilities to accommodate work of such third party within the franchise area or on such public grounds, then the grantee shall have the right as a condition of any such relocation to require payment to grantee, at a time and upon terms acceptable to grantee, for any and all costs and expenses incurred by grantee in the relocation of their facilities; provided, however, in the event the city reasonably determines and notifies grantee that the primary purpose of the third party requiring relocation is to facilitate the construction of a city project consistent with the city’s capital investment plan, transportation improvement program, or the transportation facilities program, then only those costs and expenses incurred by grantee in reconnecting such relocated facilities with other facilities shall be paid to grantee by such third party.

D. As to any relocation of grantee facilities whereby the cost and expense thereof is to be borne by grantee, grantee may submit in writing to the city alternatives to relocation of its facilities. Upon the city’s receipt from grantee of such written alternatives, the city shall evaluate such alternatives and shall advise grantee in writing if one or more of such alternatives is suitable. In evaluating such alternatives, the city shall give each alternative proposed by grantee full and fair consideration with due regard to all facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. No alternative proposed by grantee shall be evaluated by the city in an arbitrary or capricious manner. In the event the city reasonably determines that such alternatives are not appropriate, grantee shall relocate its facilities as originally requested.

E. If the city requires the subsequent relocation of any facilities within five years from the date of relocation of such facilities, the city shall bear the entire cost of such subsequent relocation. (Ord. 5532 § 2, 2004.)

14.20.160 Transfer of ownership or control.

A franchise issued pursuant to this chapter thereto shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, or otherwise hypothecated in any manner, nor shall title thereto, either legal or equitable, control thereof, or any right, interest, or property therein pass to or vest in any person or entity, nor shall the controlling interest in any corporation holding a franchise hereunder be changed in a manner reasonably anticipated to diminish substantially grantee’s ability or likelihood of performing its obligations under the franchise, without the prior consent of the council, such consent not to be unreasonably withheld, or only under such conditions as may be required by the council; provided, however, such transfer of control shall not include transfer to a parent, subsidiary, or affiliate of a grantee, except when such transfer is intended to avoid application of this section. Every type of sale, assignment change, transfer, or acquisition of control of a franchise issued pursuant to this chapter thereto shall make a franchise subject to cancellation unless and until the city shall have consented. Such consent shall not be unreasonably withheld. (Ord. 5532 § 2, 2004.)

14.20.170 Successors to grantee.

All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns and independent contractors of the grantee and all privileges of the grantee shall inure to successors, assigns and such contractors equally as if they were specifically mentioned wherever the grantee is mentioned. (Ord. 5532 § 2, 2004.)

14.20.180 Forfeiture of rights.

If the grantee, its successors or assigns willfully violate or fail to comply with any of the provisions of such grant, fail to make timely payment of the franchise fee, annual charge or charge for additional actual costs and expenses incurred by the city over and above the annual charge, or through willful or unreasonable neglect fail to heed or comply with any notice given the grantee under the provisions of such grant, then the said grantee, its successors or assigns shall forfeit all rights conferred thereunder and such franchise may be revoked or annulled by the city council. (Ord. 5532 § 2, 2004.)

14.20.190 Assumption of liability.

A. The grantee shall save and hold the city harmless from any and all liability whatsoever arising out of the use or occupation of any part of the right-of-way or other public property by grantee under the terms of any franchise. This section shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way or other public property, at its own risk.

B. The grantee, by its acceptance of the franchise, specifically agrees that it will pay all damages and penalties which the city may legally be required to pay as a result of granting the franchise including any reasonable attorney’s fee. (Ord. 5532 § 2, 2004.)

14.20.200 Insurance.

The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance in such amounts and under such conditions as specified in the franchise. (Ord. 5532 § 2, 2004.)

14.20.210 Grantee to indemnify city.

The grantee, its successors or assigns shall protect and save harmless the city from all claims, actions or damages of every kind and description which may accrue to be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment, or maintenance, or by the improper occupation of said right-of-way by the said grantee or by reason of the negligent, improper or faulty manner of safeguarding any excavation, temporary turnouts or inefficient operation by the grantee of its pipelines over said streets, avenues, alleys, roads and public places as hereinbefore designated, and in case that suit or action is brought against the city for damages arising out of or by reason of any of the above-mentioned causes, the grantee, its successors or assigns will, upon notice to it or them of the commencement of said action, defend the same at its or their sole cost and expense and in case judgment shall be rendered against the city in suit or action, will fully satisfy said judgment within 90 days after the said suit or action shall have been finally determined, if determined adversely to the city; provided, that the grantee therein, its successors or assigns shall have the right to employ its own counsel in any cause or action and be given the management of the defense thereof. (Ord. 5532 § 2, 2004.)

14.20.220 Extent of grantee’s obligations.

The obligations imposed upon the grantee by the express terms of the franchise, or implied by the terms of this chapter or any other ordinance affecting the same, shall be deemed to include every employee, nominee or independent contractor of the grantee performing work in the city streets, or other city property, under contract direction, request or authority of the grantee under this franchise, and the grantee, its agent, employee or independent contractor, severally, shall be responsible to the city for any injury or damage to city property or the expense incurred or suffered by the city in correcting defects in work replacing city streets or other improvements damaged by the acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 5532 § 2, 2004.)

14.20.230 Franchise fee.

To the extent authorized by applicable law, there may be imposed, as a condition of the grant of a franchise and in consideration therefor, a franchise fee. Amount of such fee shall be established by the city council and shall be consistent for all franchises granted to businesses falling within the same specific business classification.

A. Any payment that may be due shall be due 30 days past the close of the grantee’s calendar or tax quarter for which revenue was received or 30 days past the invoice date received from the city.

B. In the event that any franchise payment is not received by the city on or before the applicable date due, interest shall be charged from such date at the rate of 12 percent per annum, or the statutory rate for judgments, whichever is less.

C. In addition, if any payment due is not paid by the due date, the city shall add a penalty of five percent of the amount due; and if the payment is not received on or before the last day of the month following the due date, the city shall add a total penalty of 10 percent of the amount due; and if the payment is not received on or before the last day of the second month following the due date, the city shall add a total penalty of 20 percent of the amount due.

D. In the event a franchise is revoked or otherwise terminated prior to its expiration date, a grantee shall file with the city, within 90 days of the date of revocation or termination, all payments due.

E. Nothing in this chapter shall limit the city’s authority to tax a grantee, or to collect any fee or charge permitted by law, and no immunity from any such obligations shall attach to a grantee by virtue of this chapter.

No acceptance of any payment by the city shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee, if applicable, or for the performance of any other obligation of the grantee. (Ord. 5532 § 2, 2004.)

14.20.240 Charge for administrative costs.

There may be imposed, in addition to a franchise fee, an annual charge for the administrative costs and expenses incurred by the city in supervision, inspection and examination of such work granted by the permit and done by the grantee or by an independent contractor under the franchise of the grantee. Should actual costs and expenses exceed the amount of such annual fee, the grantee shall be required to reimburse the city for such additional actual costs and expenses incurred by the city over and above the annual charge. Such annual charge shall be due and payable on or before the last day of the year of each successive year of the term of the franchise. Such charge shall be prorated on the number of months of the calendar year during which period the franchise is in effect. (Ord. 5532 § 2, 2004.)

14.20.250 Liquidated damages.

Because a grantee’s failure to comply with the provisions of this chapter and its franchise will result in damage to the city and because it will be impractical to determine the actual amount of such damages, the city and any grantee may agree upon and specify in a franchise certain amounts which represent both parties’ best estimate of the damages. (Ord. 5532 § 2, 2004.)

14.20.260 Civil penalties and additional relief.

A. Any person, and the officers, directors, managing agents, or partners of any grantee violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be subject to a civil penalty in the manner and to the extent provided for in Chapter 1.18 BCC. A monetary penalty in an amount not less than $100.00 nor more than $1,000 per day for each day of violation may be assessed and abatement required as provided therein.

B. In addition to any penalty which may be imposed by the city, any person violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be liable for any and all damage to city property or rights-of-way arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.

C. Notwithstanding any other provision in this title, the city may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this title or any franchise issued pursuant thereto when civil or criminal penalties are inadequate to effect compliance.

D. In addition to the penalties set forth in this section, violation of any provision of this title or any franchise issued pursuant thereto may also result in the revocation and termination of any franchise, permit, or other agreement or authorization. (Ord. 5532 § 2, 2004.)

14.20.270 Revocation and termination.

A. In addition to all other rights and powers retained by the city under this chapter and any franchise issued pursuant thereto, the city council reserves the right to revoke and terminate a franchise and all rights and privileges of a grantee in the event of a substantial violation or breach of its terms and conditions. A substantial violation or breach by a grantee shall include, but shall not be limited to, any of the following acts or omissions:

1. An uncured substantial violation of any material provision of this chapter or an uncured breach of any material provision of a franchise issued hereunder, or any material rule, order or regulation of the city made pursuant to its power to protect the public health, safety and welfare;

2. Any default in the performance of any of grantee’s material obligations under any other documents, agreements and other terms and provisions entered into by and between the city and the grantee;

3. An intentional evasion or knowing attempt to evade any material provision of a franchise or practice of any fraud or deceit upon the subscribers or upon the city;

4. Failure to begin or substantially complete any system construction or system extension as set forth in a franchise;

5. Failure to provide the services promised in the application or specified in a franchise, or a reasonable substitute therefor;

6. Any use or occupation of the right-of-way that presents a risk to public health or safety or the construction, installation, operation or maintenance of a system in an unsafe or dangerous manner;

7. The willful violation of any orders or rulings of any regulatory body having jurisdiction over grantee relative to the franchise;

8. Misrepresentation of material fact in the application for, or during negotiations relating to, a franchise;

9. A continuous and willful pattern of inadequate service or failure to respond to legitimate subscriber complaints;

10. Failure to provide insurance, bonds, letter of credit, or indemnity as required by a franchise or this chapter;

11. An uncured failure to pay franchise fees as required by the franchise agreement.

B. None of the foregoing shall constitute a substantial violation or breach if the grantee is without fault or if the violation or breach occurs as a result of circumstances beyond a grantee’s reasonable control. A grantee shall bear the burden of proof in establishing the existence of such circumstances. However, a grantee’s substantial violation or breach shall not be excused by economic hardship nor by nonfeasance or malfeasance of its directors, officers, employees, agents or contractors. (Ord. 5532 § 2, 2004.)

14.20.280 Procedures for termination.

A. Any franchise issued pursuant to this chapter may be terminated in accordance with the following procedures:

1. The city manager, or other person designated by the city manager, shall notify the grantee in writing of the exact nature of the alleged substantial violation or breach constituting a ground for termination. Said notice shall provide that the grantee shall have 60 days from the date of receipt of notice to correct and cure such alleged substantial violation or breach or to present facts and argument in refutation of the alleged substantial violation or breach. A copy of said notice of substantial violation or breach shall be mailed to the surety on any performance bond.

2. If a grantee corrects any alleged substantial violation or breach within the 60-day cure period, then in no event shall the violation be weighed against such grantee in any subsequent review of franchise performance.

3. If a grantee does not correct and cure the alleged substantial violation or breach within the 60-day cure period then the city council shall, within 45 days of the last day of the 60-day cure period, designate the hearing examiner as the hearing officer to conduct a public hearing to determine if the revocation and termination of the franchise is warranted and to make a recommendation to the city council. That recommendation shall be transmitted to the city council for final action on a closed record. The city council shall act as the final decisionmaker.

4. At least 20 days prior to the public hearing, the city clerk shall issue a public hearing notice and order that shall establish the issue(s) to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the city shall hear any persons interested therein; and provide that the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses.

5. The hearing examiner shall hear testimony, take evidence, hear oral argument and receive written briefs. The hearing examiner shall create for the city council a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording.

6. The grantee carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that there is not an uncured substantial violation or breach or that the substantial violation or breach is a result of circumstances beyond a grantee’s reasonable control.

7. Within 10 working days after the close of the record the hearing examiner shall issue a written decision that shall include the recommendation of the hearing examiner on the revocation and termination of the grantee’s franchise, findings of facts upon which the recommendation is based and the conclusions derived from those facts.

B. The city council shall, at a public meeting, consider and take final action on the recommendation of the hearing examiner. The city council shall not accept new information, written or oral, but shall consider the complete record developed before the hearing examiner and the recommendation of the hearing examiner.

C. At the public meeting the city council shall either:

1. Accept the recommendation of the hearing examiner; or

2. Reject the recommendation of the hearing examiner; or

3. Remand the decision to the hearing examiner and the director for an additional hearing limited to specific issues identified by the council.

D. The city council shall adopt an ordinance which accepts or rejects the recommendation of the hearing examiner by a majority vote of the membership of the council. If the action by the city council will result in the revocation and termination of a grantee’s franchise, then the ordinance shall declare that the franchise of such grantee shall be revoked and terminated, any security fund or bonds are forfeited, and shall include findings of fact and conclusions derived from those facts which support the decision of the council. The city council may by reference adopt some or all of the findings and conclusions of the hearing examiner. (Ord. 5532 § 2, 2004.)

14.20.290 Changes in provisions.

The city reserves for itself the right at any time upon a 48-hour written notice to the grantee to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or city regulation relating to the public welfare, health, safety or highway regulation as may hereinafter be enacted, amended, adopted, changed, etc., and such franchise may be terminated at any time if same is not operated or maintained in accordance with its provisions, or at all. (Ord. 5532 § 2, 2004.)

14.20.300 Force majeure.

In the event the grantee’s performance of any of the terms and conditions or obligations required by this chapter is prevented by a cause or event not within the grantee’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that shall not relieve a grantee from its general obligations required when interruptions in service occur. For the purpose of this section, causes or events not within the control of the grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform or failure of the grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the grantee, or the failure of the grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable communications system where the grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. (Ord. 5532 § 2, 2004.)

Chapter 14.30
RIGHT-OF-WAY USE CODE

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Sections:

14.30.010 Short title.

14.30.020 Purpose.

14.30.030 Territorial application.

14.30.040 Construction – Intent.

14.30.050 Definitions.

14.30.060 Powers of the director.

14.30.070 Permit requirements.

14.30.075 Additional permits.

14.30.080 Right-of-way use permits.

14.30.090 Applications and processing of permits.

14.30.100 Permit fees and charges.

14.30.110 Specifications.

14.30.120 Permit exception.

14.30.130 Revocation of permits.

14.30.140 Renewal of permits.

14.30.150 Assurance device/insurance.

14.30.160 Hold harmless.

14.30.170 Guarantee.

14.30.180 Inspections.

14.30.185 Relocation.

14.30.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

14.30.195 Shared use of excavations.

14.30.200 Warning and safety devices.

14.30.205 Construction notification signs.

14.30.210 Debris and spilled loads in the right-of-way.

14.30.220 Billings and collections.

14.30.230 Adoption of procedures.

14.30.240 Appeal of right-of-way use procedures, and related requirements.

14.30.250 Liability.

14.30.260 Violation – Penalty.

14.30.010 Short title.

This chapter is known as the right-of way use code. It is referred to as the “code.” (Ord. 3533 § 1, 1985.)

14.30.020 Purpose.

It is the purpose of this code to provide for the issuance of right-of-way use permits in order to regulate activities within the right-of-way in the city of Bellevue in the interest of public health, safety and welfare; and to provide for the fees, charges, warranties, and procedures required to administer the permit process. (Ord. 3533 § 1, 1985.)

14.30.030 Territorial application.

This code and the procedures adopted hereunder shall be in effect throughout the city of Bellevue. (Ord. 3533 § 1, 1985.)

14.30.040 Construction – Intent.

A. This code is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

B. It is expressly the purpose of this code and any procedures adopted hereunder to provide for and promote the health, safety and welfare 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 code or any procedures adopted hereunder.

C. It is the specific intent of this code and any procedures adopted hereunder to place the obligation of complying with the requirements of this code upon the permittee, and no provision is intended to impose any duty upon the city of Bellevue, or any of its officers, employees or agents. Nothing contained in this code or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the city of Bellevue, or its officers, employees or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code or any procedures adopted hereunder by the city of Bellevue, its officers, employees or agents. (Ord. 3533 § 1, 1985.)

14.30.050 Definitions.

The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

A. “Citation and notice” means a written document initiating a criminal proceeding after an arrest and issued by an authorized peace officer, in accordance with the Justice Court Criminal Rules.

B. “City inspector” means the designated employee(s) of the department responsible for inspecting the installation of warning and safety devices in the public right-of-way and restoration of public rights-of-way disturbed by work.

C. “City” means the city of Bellevue, Washington.

D. “Complaint” means a written document certified by the prosecuting attorney initiating a crim-

inal proceeding in accordance with the Justice Court Criminal Rules.

E. “Department” means the transportation department or other department designated by the city manager.

F. “Directive memorandum” means a letter from the city to a right-of-way use permittee notifying the recipient of specific nonconforming or unsafe conditions and specifying the date by which corrective action must be taken.

G. “Director” means the director of the transportation department, or his/her designated representative, or other person designated by the city manager.

H. “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, but not limited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars.

I. “Franchised utilities” means utilities that have city approval to use city rights-of-way for the purpose of providing their services within the city, whether by written franchise granted by the city or otherwise.

J. “Nonprofit” means not for a monetary gain unless for charitable purposes.

K. “Notice of violation” means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition.

L. “Oral directive” means a directive given orally by city personnel to correct or discontinue a specific condition.

M. “Permit” means a document issued by the city granting permission to engage in an activity not allowed without a permit.

N. “Permit center” means the central location for applying for permits.

O. “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

P. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians.

Q. “Procedure” means a procedure adopted by the director to implement this code, or to carry out other responsibilities as may be required by this code or by other codes, ordinances, or resolutions of the city or other agencies.

R. “Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto.

S. “Stop work notice” means a notice posted at the site of activity that requires all work to be stopped until the city approves continuation of work.

T. “Telecommunications carrier” means every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering and providing telecommunications services.

U. “Telecommunications facilities” means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, electronics, poles, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

V. “Telecommunications provider” means every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.

W. “Telecommunications service(s)” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

X. “Traffic engineering services division” means the traffic engineering services division of the transportation department or other city division designated by the city manager.

Y. “Underground location service” means the underground utilities location center that will locate all underground utilities prior to an excavation.

Z. “Unsafe condition” means any condition which the director determines is a hazard to health, or endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. (Ord. 5009 § 1, 1997; Ord. 3533 § 1, 1985.)

14.30.060 Powers of the director.

The director shall have the power to:

A. Administer the provisions of this code including but not limited to interpreting the code and issuing rules necessary for its administration. The director may correct errors and omissions and is authorized to adjust the amount of fees required by this code to be proportional to the scope of the work for which the permit is required.

B. Administer and coordinate the enforcement of this code and all procedures adopted hereunder relating to the use of rights-of-way.

C. Advise the city council, city manager and other city departments on matters relating to use of the right-of-way.

D. Carry out such other responsibilities as required by this code or other codes, ordinances, or procedures of the city.

E. Request the assistance of other city departments to administer and enforce this code.

F. Assign the responsibility for interpretation and application of specified procedures to the traffic engineering services division. (Ord. 5253 § 2, 2000; Ord. 5009 § 2, 1997; Ord. 3533 § 1, 1985.)

14.30.070 Permit requirements.

A. It is unlawful for anyone to make private use of any public right-of-way without first having obtained a right-of-way use permit issued by the city or to use any right-of-way without complying with all the provisions of such right-of-way use permit issued by the city; provided, that a right-of-way use permit shall not be required for any use or activity subject to and requiring a permit pursuant to the city’s special events policy permit process.

B. Any telecommunications carrier or provider who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any right-of-way of the city for the purpose of providing telecommunications services shall first obtain authorization in the form of a telecommunications right-of-way use agreement authorizing the use of such right-of-way consistent with the requirements and conditions of such agreement.

C. General and specific permit requirements are defined in the procedures referenced in this code.

D. All permit applicants shall, before commencing any construction in city rights-of-way, comply with all requirements of Chapter 19.122 RCW, the one number locator service. (Ord. 5009 § 3, 1997; Ord. 3533 § 1, 1985.)

14.30.075 Additional permits.

Additional permits for any use may be required by other city codes. The city does not waive its right to use the right-of-way by issuance of any permit. (Ord. 3533 § 1, 1985.)

14.30.080 Right-of-way use permits.

The following types of right-of-way use permits are established:

A. Type A – Short-Term Nonprofit.

1. Type A permits may be issued for use of right-of-way for 24 or less continuous hours for nonprofit purposes which do not involve the significant physical disturbance of the right-of-way.

2. This type of use may involve disruption of pedestrian and vehicular traffic or access to private property and may require inspections, cleanup and police surveillance. For periods longer than 24 hours these uses will be considered type D, long-term and permanent. If any of these uses are for profit they are considered type B.

3. Type A permits include but are not limited to the following when for nonprofit purposes:

a. Assemblies;

b. Bike races;

c. Block parties;

d. Parades and processions;

e. Parking;

f. Processions;

g. Nonmotorized vehicle races;

h. Street dances;

i. Street runs.

B. Type B – Short-Term Profit.

1. Type B permits may be issued for use of right-of-way for 72 or fewer continuous hours for for-profit purposes which do not involve the physical disturbance of the right-of-way.

2. This type of use may involve disruption of pedestrian and vehicular traffic or access to private property and may require inspections, clean-up and police surveillance. For periods longer than 72 hours these uses will be considered Type D, long-term or permanent.

3. Type B permits include, but are not limited to the following when they are for profit purposes:

a. Fairs;

b. House moves;

c. Temporary sale of goods;

d. Temporary street closures.

C. Type C – Disturbance of City Right-of-Way.

1. Type C permits may be issued for use of right-of-way for activities that will alter the appearance of or disturb the surface, super-surface or sub-surface of the right-of-way on a temporary or permanent basis.

2. Type C permits may be for either single uses or multiple uses. Type C single use permits will be issued to approved applicants who are planning a single type C activity at a single location in a short period of time.

3. Type C multiple use permits will be issued to approved applicants who are planning many Type C routine maintenance activities at several different locations in a short period of time.

4. Type C permits include but are not limited to:

a. Boring;

b. Culverts;

c. Curb cuts/driveways;

d. Drainage facilities;

e. Fences;

f. Landscaping;

g. Painting;

h. Sidewalks;

i. Street trenching;

j. Utility installation.

D. Type D – Long-Term and Permanent.

1. Type D permits may be issued for use of right-of-way for activities for extended periods of time but which will not physically disturb the right-of-way.

2. The use of right-of-way for structures, facilities, and uses that involve capital expenditures and long-term commitments of use require this type of permit.

3. Type D permits include but are not limited to:

a. Air rights;

b. Bus shelters/stops;

c. Construction site/haul roads;

d. Loading zones;

e. Mobile peddling;

f. Newspaper sale;

g. Recycle facilities;

h. Sales structures;

i. Sidewalk cafes;

j. Special and unique structures; fountains, clocks, flagpoles, awnings, marquees, benches, kiosks, signs, mailboxes, banners, street furniture, decorations;

k. Underground rights;

l. Utility facilities;

m. Waste facilities.

Type A uses that exceed 24 hours and Type B uses that exceed 72 hours will be treated as Type D uses. (Ord. 5009 § 4, 1997; Ord. 3533 § 1, 1985.)

14.30.090 Applications and processing of permits.

A. To obtain a right-of-way use permit the applicant shall file an application with the transportation department or other department designated by the city manager.

B. Every application shall include the location of the proposed right-of-way use, a description of the use, the planned duration of the use, applicant contact information, and all other information which may be required as specified in procedures adopted hereunder, and shall be accompanied by payment of the required fees.

Certain applicants such as utilities or franchised utilities may be involved in frequent use of the right-of-way for repair, maintenance and construction in a short period of time. To avoid the issuance of a new permit for each use, the city will issue a 90-day permit for multiple use.

C. The director shall examine each application submitted for review and approval to determine if it complies with the applicable provisions of this code and procedures adopted hereunder. Other departments that have authority over the proposed use activity will be required to review and approve or disapprove the application. The director may inspect the right-of-way proposed for use to determine any facts which may aid in determining whether a permit should be granted. If the director finds that the application conforms to the requirements of this code and procedures adopted hereunder, that the proposed use of such right-of-way will not unduly interfere with the rights and safety of the public, and if the application has not been disapproved by a department with authority, he may approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety and to mitigate any impacts resulting from the use.

D. All applications for permits will be submitted 30 days or more before the planned need for the permit. If unforeseen conditions require expedited processing time the city will attempt to cooperate, but additional fees to cover additional costs to the city may be charged.

E. Upon submittal of a completed application, the traffic engineering services division shall collect from the applicant an application fee per the fee schedule adopted by the council. Permittees who have an approved monthly billing status will continue with that process. (Ord. 5009 § 5, 1997; Ord. 3533 § 1, 1985.)

14.30.100 Permit fees and charges.

A. The fee for each permit shall be set forth in a fee schedule to be adopted by the city council. Fees and charges adopted pursuant to this section may be increased or decreased by the council on the director’s recommendation in accordance with changes in the costs incurred by the city. The city council shall, upon recommendation of the director, establish the amount, rates and formulas for the following fees and charges:

B. Fees and Charges.

1. Application Fee. A nonrefundable application fee shall be charged for each right-of-way use permit application that is accepted for processing. This fee covers the costs of initial processing, counter service and record keeping. The application fee shall be the same for all types of right-of-way use permits.

2. Processing of Application Fee. A fee for the processing of applications shall be charged. The amount of the fee shall be determined based upon the time and cost required to review, inspect, research and coordinate the applicants’ data for each permit application.

3. Surface Cut Fee. A base fee will be charged for all permits that authorize surface cuts to any improved right-of-way. The base fee shall be charged for surface cuts less than 100 square feet or less than 100 feet in length. An additional fee shall be charged for surface cuts of more than 100 square feet or more than 100 feet in length based upon the relative size of the cut. An additional fee shall be charged for each additional square foot in 100-square-foot increments. All fees will be doubled for cutting into improved rights-of-way less than five years old.

4. Multiple Use Fees. The fees for this special type C permit will depend upon the number of uses, size of each use, reporting requirements, coordination and purposes of use. One application is required and one permit will be issued for an estimated number of uses. Upon application, the fee charged will be the same as for a Type C permit. Upon expiration of the permit, the total amount due the city shall be computed based on the actual number of uses of the permit, and the balance due shall be paid by the permittee.

5. Excess Inspection Costs. The city may incur extra costs of inspection for certain permits that require more than the usual number of inspections. These costs may be incurred because of situations related to observed quality of work, traffic problems, schedule problems and cooperation of the permittee. Excess inspection fees will be charged based on the hourly rate of actual costs incurred by the city to make the excess inspections.

6. House Move Charges. When a house move permit is issued the city shall impose a charge based on the actual cost to compensate for its time and expense. These costs may include street crews, signal crews and police, if required to assist in the move. A minimum fee will be charged at the time of permit issuance based on four hours of city crew time. A refundable deposit will also be required, which will be equivalent to the amount of the minimum fee. Costs for damage to city property occurring as a result of the move, or assistance in the house move by city crews in excess of four hours, shall either be deducted from the deposit or billed to the house mover and permittee directly.

7. Repair and Replacement Charges. If the city should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement will be charged to the permittee. These charges will be for the actual costs to the city.

7.1. City Cost Reimbursement. When the city performs work in the right-of-way and finds it necessary to maintain, support, or move a telecommunications provider’s or franchisee’s equipment and/or facilities in order to protect such equipment or facilities or for any other reason, the city’s costs associated therewith will be billed to that telecommunications provider or franchisee and must be paid within 30 days from the date of billing.

7.2. Each telecommunications provider and franchisee shall be responsible for the cost of repairing any equipment or facilities in the right-of-way which such telecommunications provider or franchisee may damage. Each telecommunications provider and franchisee shall be responsible for the cost of repairing any damage to the equipment of another telecommunications provider or franchisee caused during the city’s response to an emergency occasioned by that telecommunications provider or franchisee’s actions.

8. Waiver of Fees. Franchised utilities which must apply for permits because of city-initiated construction projects may be granted a waiver by the director of normal permit fees. This provision only applies to work that would not otherwise have been done by the utility.

C. Review and Adjustment of Fees and Charges.

1. The director will initiate, as needed, a review of right-of-way use permit fees and charges to determine their continuing capacity to offset costs incurred by the city in providing services related to the administration of right-of-way use permits.

2. The director may recommend to the city council increases or decreases in the amounts, rates, and formulas of the subject fees and charges to reflect changes in the city’s costs in providing the related services. Factors to be considered by the director include the costs of labor, materials, supplies, vehicles and equipment, taxes and changes in operating procedures.

3. The city council will review and approve all changes to fees and charges. (Ord. 5009 § 6, 1997; Ord. 3533 § 1, 1985.)

14.30.110 Specifications.

All work to be performed under any permit issued under this code shall conform to all other city codes, the current development standards of the transportation department and all other standards used by the city in the administration of this code. (Ord. 5009 § 7, 1997; Ord. 3533 § 1, 1985.)

14.30.120 Permit exception.

A. A right-of-way use permit shall not be required of utilities or franchised utilities when responding to emergencies that require work in the right-of-way, such as water or sewer main breaks, gas leaks, downed power lines or similar emergencies; provided, that the department shall be notified by the responding utility or city contractor verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or city contractor from the requirement to apply for a right-of-way use permit within 48 hours after beginning emergency work in the right-of-way.

B. The director shall determine whether permits shall be required for routine maintenance and construction work performed by city utilities and city maintenance crews. (Ord. 5009 § 8, 1997; Ord. 3533 § 1, 1985.)

14.30.130 Revocation of permits.

A. The director may revoke or suspend any permit issued under BCC 14.30.090 whenever:

1. The work or activity does not proceed in accordance with the plans as approved, or conditions of approval, or is not in compliance with the requirements of this code or procedures, or other city ordinances or state law;

2. The city has been denied access to investigate and inspect how the right-of-way is being used;

3. The permittee has made a misrepresentation of a material fact in applying for a permit;

4. The progress or condition of the approved work or activity indicates that it is or will be inadequate to protect the public and adjoining property or the street or utilities in the street, or any excavation or fill endangers or will endanger the public, the adjoining property or street, or utilities in the street.

B. Upon suspension or revocation of a permit, all use of the right-of-way shall cease, except as authorized or directed by the director. (Ord. 5009 § 9, 1997; Ord. 3533 § 1, 1985.)

14.30.140 Renewal of permits.

Each permit shall be of a duration as specified on the permit and may not be renewed. If continued use of the right-of-way is desired by the permittee after expiration of a permit, he must apply for a new permit. (Ord. 3533 § 1, 1985.)

14.30.150 Assurance device/insurance.

A. If the director determines that there is a potential for injury, damage or expense to the city as a result of damage to persons or property arising from an applicant’s proposed use of any right-of-way, the applicant may be required to make a cash deposit with the finance department or to provide an assurance device or insurance in a form acceptable to the director for the activities described in the subject permit. The amount of the cash deposit, assurance device or insurance shall be determined by the director.

B. The requirements for performance deposits and insurance are based on considerations of the applicant’s prior performance, nature of the proposed use, cost of the activity, length of use, public safety, potential damage to right-of-way and potential liability or expense to the city.

C. In each case where the city requires or allows an applicant to provide an assurance device, the director shall determine the type of assurance device that will be used. The assurance device may be a nonrevocable letter of credit, set-aside letter, assignment of funds, certificate of deposit, deposit account, bond, or other readily accessible source of funds. A bond will be accepted only when circumstances make a bond the only reasonable form of assurance as determined by the director, and the bond adequately protects the interests of the city, or when a bond is required by state statute.

D. Interest from any interest-bearing form of assurance device will accrue to the benefit of the depositor.

E. If after the date by which the required work or improvements are to be completed under a performance assurance device, the director determines that the work or improvements have not been complied with, he/she shall notify the applicant. The notice must state:

1. The work that must be done or the improvement that must be made to comply with the requirements and the assurance device; and

2. The amount of time that the applicant has to commence and complete the required work or improvements; and

3. That, if the work or improvements are not commenced and completed within the time specified, the city will use the proceeds of the assurance device to have the required work or improvements completed.

F. If the work or improvements covered by the assurance device are not completed within the time specified in the notice given under subsection (E) of this section, the city shall obtain the proceeds of the device and do the work or make the improvements covered by the device. The city may either have employees of the city do the work or make the improvements or, by using procurement procedures established by law, have a contractor do the work or make the improvements.

G. If at any time the director determines that actions or inaction associated with any assurance device have created an emergency situation endangering the public health, safety, or welfare, creating a potential liability for the city, or endangering city streets, utilities, or property; and if the nature or timing of such an emergency precludes the notification of applicants as provided in subsection (E) of this section while still minimizing or avoiding the effects of the emergency, the city may use the assurance device to correct the emergency situation. The city may either have employees of the city do the work or make the improvements, or may have a contractor do the work or make the improvements. If the city uses the assurance device as provided by this section, the applicant shall be notified in writing within four days of the commencement of emergency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the assurance device without prior notification.

H. The permit owner is responsible for all costs incurred by the city in doing the work and making the improvements covered by the assurance device. The city shall release or refund any proceeds of a performance device remaining after subtracting all costs for doing the work covered by the device. The owner of the permit shall reimburse the city for any amount expended by the city that exceeds the proceeds of the device. The city shall have a claim against the owner for the amount of any excess.

I. In each case where the city uses any of the proceeds of the device, it shall give the owner of the permit an itemized statement of all proceeds and funds used. (Ord. 5009 § 10, 1997; Ord. 3533 § 1, 1985.)

14.30.160 Hold harmless.

As a condition to the issuance of any permit under this chapter, the permittee shall agree to defend, indemnify and hold harmless the city, its officers, employees and agents, for any and all suits, claims or liabilities caused by, or arising out of any use authorized by any such permit. (Ord. 3533 § 1, 1985.)

14.30.170 Guarantee.

When there is a need to ensure conformance with the city’s development standards, city or state construction standards, or other requirements, the applicant may be required to provide a guarantee of workmanship and materials for a period of one or more years as determined by the director. Such guarantee may be in the form of a cash deposit or a security device in a form and amount approved by the director. (Ord. 3533 § 1, 1985.)

14.30.180 Inspections.

As a condition of issuance of any permit or authorization which requires approval of the department, each applicant shall be required to consent to inspections by the department or any other appropriate city department. (Ord. 3533 § 1, 1985.)

14.30.185 Relocation.

Whenever the city undertakes or approves the construction of any sewer, water or storm drainage line (eight-inch inside diameter or larger) or other street improvement project including, without limitation: installation of traffic signals, street lights, I-NET system, sidewalks and pedestrian amenities, wherein the facility so constructed or approved is or shall become, by gift, transfer, dedication or otherwise, a public facility owned, maintained or operated by the city, and such project necessitates the relocation of any utility company’s then existing facilities, the city shall:

A. Provide such utility company written notice requiring such relocation at least 90 days prior to the commencement of such improvement project; and

B. Provide such utility company with copies of pertinent portions of the plans and specifications for such street improvement project so that such utility company may relocate its facilities to accommodate such street improvement project. No later than 80 days after receipt of such notice and plans and specifications, such utility company shall complete the relocation of its facilities so as to accommodate such improvement project, at no charge or expense to the city, at least 10 days prior to commencement of construction of such improvements; provided, that such 80-day notice period shall be extended by mutual agreement if necessitated by occurrence of an “act of God.”

C. If the city requires the subsequent relocation of such utility company’s facility within five years of the date of relocation of the same facility pursuant to this section, the city shall bear the entire cost of such relocation.

D. As to any relocation of a utility company’s facilities wherein the cost and expense thereof is to be borne by such utility company in whole or in part, in accordance with this section, such utility company may, after receipt of written notice requesting relocation, submit to the city written alternatives to such relocation. Upon receipt, the city shall evaluate such alternatives and shall timely advise such utility company in writing if one or more of the proposed alternatives is suitable to accommodate the work which would otherwise necessitate relocation of such facilities. If so requested by the utility company, the city shall give each alternative proposal full and fair consideration. In no case shall the city arbitrarily reject reasonable alternatives. In the event that the city is satisfied, after due consideration, that there is no other reasonable alternative, the utility company shall relocate its facilities as otherwise provided in this section. The city’s determination that there is no reasonable alternative shall be conclusive and shall not be subject to any city administrative appeal process. (Ord. 5009 § 13, 1997.)

14.30.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

A. Whenever the director determines that any condition on any right-of-way is in violation of, or any right-of-way is being used contrary to any provision of this code or procedures adopted hereunder or other applicable codes or standards, or without a right-of-way use permit, the director may order the correction or discontinuance of such condition or any activity causing such condition.

B. The director is authorized to order correction or discontinuance of any such condition or activities following the methods specified in procedures adopted pursuant to this code.

C. The director shall also have all powers and remedies which may be available under state law, this code, and procedures adopted hereunder for securing the correction or discontinuance of any condition specified in this section.

D. The director is authorized to use any or all of the following methods in ordering correction or discontinuance of any such conditions or activities as the director determines appropriate:

1. Serving of oral or written directives to the permittee or other responsible person requesting immediate correction or discontinuance of the specified condition;

2. Service of a written notice of violation, ordering correction or discontinuance of a specific condition or activity within 10 days of notice, or such other reasonable period as the director may determine;

3. Revocation of previously granted permits where the permittee or other responsible person has failed or refused to comply with requirements imposed by the city related to such permits;

4. Issuance of an order to immediately stop work until authorization is received from the city to proceed with such work;

5. Service of summons and complaint certified by the prosecuting attorney or a citation and notice to appear by an arresting peace officer upon the permittee or other responsible person who is in violation of this or other city ordinances;

6. Any object or thing which shall occupy any right-of-way without a permit is declared a nuisance. The department may attach a notice to any such object or thing stating that if it is not removed from the right-of-way within 24 hours of the date and time stated on the notice, the object or thing may be taken into custody and stored at the owner’s expense. The notice shall provide an address and phone number where additional information may be obtained. If the object or thing is a hazard to public safety, it may be removed summarily by the city. Notice of such removal shall be thereafter given to the owner, if known. This section does not apply to motor vehicles;

7. All expenses incurred by the city in abating the condition or any portion thereof shall constitute a civil debt owing to the city jointly and severally by such persons who have been given notice or who own the object or thing or placed it in the right-of-way, which debt shall be collectible in the same manner as any other civil debt;

8. The city shall also have all powers and remedies which may be available under law, this code and procedures adopted hereunder for securing the correction or discontinuance of any conditions specified by the city. (Ord. 3533 § 1, 1985.)

14.30.195 Shared use of excavations.

If at any time, or from time to time, a utility company submits a permit request to excavate for installation of its facilities, the city may request in writing that such utility company provide an opportunity to install city facilities within the excavation; provided, that:

A. Such joint use shall not unreasonably delay the work of the utility company’s excavation; and

B. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties.

C. To the extent reasonably possible, the utility company shall, at the direction of the city, cooperate with the city and provide other private utility companies with the opportunity to utilize joint or shared excavations in order to minimize disruption and damage to the right-of-way as well as to minimize traffic-related impacts. In the event the city directs a utility company to utilize joint or shared excavations with another utility company, then such utility company shall install facilities supplied by the city in such joint or shared excavations at no cost to the city for such installation if such utility company agrees that there is a commensurate cost savings to them. (Ord. 5009 § 14, 1997.)

14.30.200 Warning and safety devices.

A. Warning lights, safety devices, signs and barricades shall be provided on all rights-of-way when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic. All obstructions on rights-of-way shall have sufficient barricades and signs posted in such a manner as to indicate plainly the danger involved. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the department.

B. As a condition for the issuance of any right-of-way use permit, the traffic engineering services division may require an applicant to submit a traffic detour plan showing the proposed detour routing and location and type of warning lights, safety devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required, no right-of-way use permit will be issued until the traffic plan is approved.

C. Unless otherwise specified in adopted right-of-way use procedures, the current editions of the following standard manuals shall apply to the selection, location, and installation of required warning and safety devices; provided, that the traffic engineering services division or the city inspector may impose additional requirements if site conditions warrant such enhanced protection of pedestrian or vehicular traffic.

1. Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Federal Highway Administration.

2. Development Standards, City of Bellevue Transportation Department.

3. Part VIII, “Regulations for Use of Public Streets and Projections over Public Property”, Uniform Building Code.

D. Any right-of-way use permit that requires a partial lane or street closure will require a licensed flagperson, properly attired, or an off-duty police officer for the purpose of traffic control during the construction. The use of police officers is mandatory for manual control of traffic at signalized intersections.

E. All decisions of the designated city inspector shall be final in all matters pertaining to the number, type, location, installation, and maintenance of warning and safety devices in the public right-of-way during any actual work or activity for which a duly authorized right-of-way use permit has been issued.

F. Any failure of a permit holder to comply with the oral or written directives of the city inspector related to the number, type, location, installation, or maintenance of warning and safety devices in the public right-of-way, shall be handled as provided for in this chapter and in Right-of-Way Procedure P-190.1, “Correction and Discontinuance of Unsafe, Nonconforming, or Unauthorized Conditions.” (Ord. 5009 § 11, 1997; Ord. 3533 § 1, 1985.)

14.30.205 Construction notification signs.

A. Any work or activity by a utility or a franchise utility or telecommunications company, its contractors or subcontractors, within the public right-of-way that will take at least four hours or more, or will be excavating or trenching approximately 100 feet or more shall provide and install temporary construction notification signs.

B. The signs shall include the utility or telecommunication company’s name and logo, the company’s employee contact name for the project and a phone number for the company.

C. The sign size shall be a minimum of 30 inches by 30 inches and should not exceed 48 inches by 48 inches. All writing, lettering, or numbers shall be not less than four inches in height and be visible and readable by passing motorists.

D. The signs may be installed on temporary posts or Type I barricades. They shall be located at each end of the project facing approaching traffic and/or within the area of any lane closure or construction activity.

E. The signs shall be installed at the start of any construction or activity and shall remain until the construction work or activity has been completed and any restoration has been completed and approved by the city inspector.

F. The director may approve exceptions to this section where the contractor can show that compliance would be impractical. (Ord. 5009 § 15, 1997.)

14.30.210 Debris and spilled loads in the right-of-way.

A. Whenever it is necessary for the safety of the public, the city may remove any obstructions, hazards or nuisances from rights-of-way; and anyone causing the obstructions, hazards or nuisances shall be responsible for reimbursing the city for the expense of such removal.

B. The owner or operator of any vehicle which has spilled, dropped, dumped or in any manner whatsoever deposited any matter upon the right-of-way shall cause the right-of-way to be cleaned to the satisfaction of the department. Upon failure to do so the department may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The department has the authority to designate haul routes and time of day for operations involving hauling over public rights-of-way.

C. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the department. Upon failure to do so, the department may issue an immediate stop work order, revoke city permits, and the responsible person or persons may be directed to immediately clean the right-of-way to the satisfaction of the department. Upon failure to do so the department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. (Ord. 5009 § 12, 1997; Ord. 3533 § 1, 1985.)

14.30.220 Billings and collections.

The department, jointly with the finance department, may establish administrative rules and procedures pertaining to the billing and collection of fees and charges adopted pursuant to this code. (Ord. 3533 § 1, 1985.)

14.30.230 Adoption of procedures.

The director may prepare and adopt procedures for the purpose of implementing this code or to carry out other responsibilities as may be required by this code or other codes, ordinances of the city or other agencies. Such procedures do not require approval by the city council. (Ord. 3533 § 1, 1985.)

14.30.240 Appeal of right-of-way use procedures, and related requirements.

Any applicant who questions the specific department procedures, requirements or directives related to the private use of the public right-of-way may request in writing that the director grant relief from the requirement or grant an alternative interpretation of the requirement. The director will decide upon such written requests within 10 days. Changes to requirements may be granted if they will improve safety, reduce costs, reduce schedule or improve quality. (Ord. 3533 § 1, 1985.)

14.30.250 Liability.

The director and other employees charged with the enforcement and administration of this code, acting for the city in good faith and without malice in the discharge of their duties shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. (Ord. 3533 § 1, 1985.)

14.30.260 Violation – Penalty.

A. The violation of or failure to comply with any provision of this chapter is declared to be unlawful.

B. Any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

C. In addition to or as an alternative to any other penalty provided by this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4214 § 1, 1991; Ord. 3533 § 1, 1985.)

Chapter 14.35
VACATION OF PUBLIC RIGHT-OF-WAY

Sections:

14.35.020 Owner defined – Establishing sufficiency of signatures on petitions.

14.35.030 Petition or resolution for vacation.

14.35.040 Filing petition – Prehearing fee and posthearing fee.

14.35.050 Notice of hearing.

14.35.060 Notice where vacation initiated by council – Objections.

14.35.070 Hearing.

14.35.080 Objections to vacations.

14.35.090 Granting vacation – Provision for rededication.

14.35.100 Objections to be in writing.

14.35.110 Amended petition.

14.35.120 Classifications of public ways for purpose of compensation.

14.35.130 Amount of compensation.

14.35.140 Appraisals.

14.35.150 Procedure where compensation required.

14.35.160 Property trade in lieu of payment.

14.35.170 Waiving compensation – Other governmental agencies.

14.35.020 Owner defined – Establishing sufficiency of signatures on petitions.

A. Owner. The term “owner of an interest in real estate” means and includes the owners of fee title, and contract vendees.

B. Sufficiency of Signature. For the purpose of determining the sufficiency of signatures of “owners of private property” on the petition, or consent to vacate, the following rules shall govern:

1. The signature of an owner, as determined by the records of the county comptroller shall be sufficient without the signature of his or her spouse.

2. In the case of mortgaged property, the signature of the mortgagor shall be sufficient.

3. In the case of property subject to a contract of purchase, the signatures of the contractor vendor and vendee shall be required.

4. In the case of ownership by a corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the said bylaws or said resolution, certified by the secretary of said corporation, granting such authority.

5. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. 4654 § 57, 1994. Formerly 20.30L.110.)

14.35.030 Petition or resolution for vacation.

The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the council to make vacation, giving the description of the property to be vacated; or the council may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, the council by resolution, shall fix a time when the petition will be heard, which time shall not be more than 60 days nor less than 20 days after the date of passage of such resolution. (Ord. 4654 § 57, 1994. Formerly 20.30L.115.)

14.35.040 Filing petition – Prehearing fee and posthearing fee.

A. The petition, properly signed, shall be filed with the city clerk upon payment of a nonrefundable prehearing fee, which shall be paid into the general fund of the city to aid in defraying the expenses incurred by the city in checking the sufficiency of such petition and investigating or reporting the facts. The amount of such fee shall be determined from a fee schedule approved by the city council and on file with the city clerk. Said schedule shall be subject to change from time to time to allow for any changes in costs. Where one to five separate ownerships abut the proposed vacation, a minimum filing fee shall be charged; and an additional sum shall be charged for each additional ownership over five in accordance with the fee schedule. In the event that the filing fee, computed on petitioner’s estimate, proves to be insufficient as evidenced by the engineer’s report, the balance of said fee shall be paid before notices of hearing are mailed.

B. Subsequent to the hearing and to the conditional approval by council of the petition, should the petitioner elect to proceed, a posthearing fee shall be paid by the petitioner in accordance with the fee schedule and deposited in the general fund of the city to defray expenses of the city in further processing the application. The posthearing fee shall be due from any petitioner whose application receives conditional approval on or after the effective date of the ordinance codified in this section.

C. In the event that the city council initiates a right-of-way vacation, fees shall not be required unless the council directs otherwise. (Ord. 4654 § 57, 1994; Ord. 3265 § 1, 1983. Formerly 20.30L.120.)

14.35.050 Notice of hearing.

Upon passage of the resolution fixing the time for a public hearing, the city clerk shall cause a written notice of the pendency of the petition to be posted, at least 20 calendar days prior to the date set for hearing, in three public places in the city as determined in Chapter 1.08 BCC and a like notice to be posted in a conspicuous place on that portion of the street or alley sought to be vacated, and copies of such notice shall be mailed, at least 20 calendar days prior to date of hearing, to each owner of property within 300 feet of the right-of-way proposed to be vacated, including the petitioners, at a local address if a resident of the city, otherwise to the last address showing on the records of the county department of records and elections. Said notice shall contain a statement in that petition has been filed to vacate the portion described in the notice together with a statement of the time and place fixed for the hearing of the petition and inviting interested persons to appear and be heard for or against the granting thereof or to submit written comment prior to that date. (Ord. 4654 § 57, 1994; Ord. 3265 § 2, 1983. Formerly 20.30L.125.)

14.35.060 Notice where vacation initiated by council – Objections.

In all cases where the proceeding is initiated by resolution of the council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, notice shall be given as provided in BCC 14.35.050; provided, that if 50 percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of the hearing, the council shall be prohibited from proceeding with the resolution. (Ord. 5407 § 2, 2002; Ord. 4654 § 57, 1994; Ord. 3265 § 3, 1983. Formerly 20.30L.130.)

14.35.070 Hearing.

At the time appointed for the hearing of the petition or resolution, or at such time as the same may be adjourned to by the council, the matter shall be considered and persons desiring to speak for or against the vacation thereof shall be heard. Following such hearing, the council shall determine:

A. Whether a change of use or vacation of the described portion will better serve the public good; or

B. Whether the street, alley or portion thereof is no longer required for public use; or

C. Whether the use thereof as a public way is of such public benefit as not to justify the cost of maintenance; or

D. Whether the substitution of a new and different thoroughfare would be more useful to the public; or

E. Whether conditions may so change in the future as to provide a greater public use or need than presently exists; and

F. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. (Ord. 4654 § 57, 1994. Formerly 20.30L.135.)

14.35.080 Objections to vacations.

In the event that the owners of any real estate abutting upon the portion of any street or alley sought to be vacated object to such vacation (exclusive of petitioners), the city council shall not vacate such street or alley or portion thereof without (1) determining the extent of the damage or injury to any objecting abutting owner whose vested rights shall be affected by such vacation and (2) making provision for the compensation thereof. (Ord. 4654 § 57, 1994. Formerly 20.30L.140.)

14.35.090 Granting vacation – Provision for rededication.

If there are no objections, by owners of real estate abutting on the portion of the street or alley to be vacated, sufficient to warrant retention of the right-of-way as determined by the council, and if the council deems that such vacation shall be to the public’s interest and advantage, the council may, by ordinance and subject to provisions of this code regarding payment of compensation, vacate such street, alley or part thereof reserving to the city an easement or the right to exercise and grant easement vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit. If the council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may be granted only upon execution of a covenant running with such abutting land to rededicate such portion upon a declaration of public use and necessity by the city council. (Ord. 4654 § 57, 1994. Formerly 20.30L.145.)

14.35.100 Objections to be in writing.

Objections of abutting owners must be in writing and filed with the clerk or council before conclusion of said hearing. (Ord. 4654 § 57, 1994. Formerly 20.30L.150.)

14.35.110 Amended petition.

If, after a hearing, the council determines that the petition cannot be granted in whole, but that a vacation of a portion of the area described in the original petition should be vacated, then the council may order that said portion be vacated. (Ord. 4654 § 57, 1994. Formerly 20.30L.155.)

14.35.120 Classifications of public ways for purpose of compensation.

For purposes of this code, all properties within the city primarily used or reserved for use as public ways, including streets and alleys, are declared to be within one of three classes:

A. Class I. Real property in which the city holds fee simple title, or in which it does not hold such a fee simple interest but which has been dedicated as public right-of-way for 25 years or more.

B. Class II. Real property in which the interest of the city is limited to a public easement or right of use for particular purposes and not qualifying under Class III below.

C. Class III. Easements conveyed to or held by the city for which no public funds have been expended in the acquisition and which would otherwise be classified as Class II, except for the fact that the grantor has applied for vacation of the same. (Ord. 5407 § 1, 2002; Ord. 4654 § 57, 1994. Formerly 20.30L.160.)

14.35.130 Amount of compensation.

The amount of compensation required to be paid to the city as a condition precedent to the vacation of a public way shall be determined according to the following criteria:

A. Class I property shall be considered a sale of a capital asset and shall be compensated for at 100 percent of its fair market value;

B. Rights-of-way over Class II property shall be compensated for in the amount of 50 percent of the fair market value of said property;

C. Vacation of Class III rights-of-way shall not require compensation in excess of filing fees. (Ord. 5407 § 3, 2002; Ord. 4654 § 57, 1994. Formerly 20.30L.165.)

14.35.140 Appraisals.

Determinations of fair market value for purposes of this code shall be made by appraisal of the subject property prepared at the direction of the city manager or his designee. The costs of any appraisals shall be added to the amount of compensation established by BCC 14.35.130. Such appraisals shall take into account any retained right of the city for future use which would restrict the private use of the property. (Ord. 5407 § 4, 2002; Ord. 4654 § 57, 1994. Formerly 20.30L.170.)

14.35.150 Procedure where compensation required.

In the case of Class I or II properties, upon a finding, after a public hearing, that the requirements for approval set forth in BCC 14.35.070 are satisfied, the city council may adopt a motion to conditionally approve the petition and direct the city manager to secure an appraisal of the subject property. The applicant shall post a $1,000 cash deposit with the city clerk to ensure payment of the cost of the appraisal. Upon notification that the amount of required compensation has been established, the applicant shall have 90 days to deposit such amount together with appraisal costs with the city clerk. Credit shall be given for the $1,000 deposit. In cases where required compensation plus costs exceeds $10,000, payment may be made under contract acceptable to the city; provided, that 25 percent of the amount due is paid down and the contract provides for the unpaid balance plus 12 percent interest thereon to be paid in equal annual payments over a period of not more than five years. Upon notification of compliance with this section and any other conditions imposed, the city council shall, in accordance with its prior motion of approval, adopt an ordinance authorizing the city manager to execute an appropriate deed to convey Class I property or adopt an ordinance of vacation of Class II property. If the installment contract method of payment is elected and approved, an ordinance of vacation shall not become effective or be published until the entire balance plus interest has been paid in full and the subject property to be vacated shall not be considered in computing setbacks, minimum lot dimensions and similar requirements until such time. All funds received as compensation pursuant to this chapter shall be deposited in the city’s land purchase revolving fund. (Ord. 5407 § 5, 2002; Ord. 4654 § 57, 1994. Formerly 20.30L.175.)

14.35.160 Property trade in lieu of payment.

In lieu of payment for monetary compensation, the petitioners may grant or dedicate to the city for street or other purposes, real property useful for that purpose where the property to be acquired by such exchange has a fair market value at least equal to the amount of cash compensation that would otherwise be required. The city shall not be obligated to accept such an exchange and the decision of the city manager on the acceptability of the alternate property offered shall be final. (Ord. 4654 § 57, 1994. Formerly 20.30L.180.)

14.35.170 Waiving compensation – Other governmental agencies.

Where vacation or transfer of a public way is applied for by or on behalf of another governmental agency or jurisdiction, the city council may waive any compensation required by this code and may also waive filing fees, if the council deems such a waiver to be to the public’s interest and advantage. A transfer or vacation of property in which compensation has been waived under this section shall be accompanied by a covenant providing that the city shall be compensated by the fair market value of the interest conveyed or vacated at the time of any future sale or lease of the subject property by said other governmental agency. (Ord. 4654 § 57, 1994. Formerly 20.30L.185.)

Chapter 14.40
COMMUTE TRIP REDUCTION

Sections:

14.40.010 Definitions.

14.40.020 City of Bellevue CTR plan.

14.40.030 CTR goals.

14.40.040 Responsible department.

14.40.050 Applicability.

14.40.060 Requirements for affected employers.

14.40.070 Record keeping.

14.40.080 Schedule and process for CTR program review, reports, and implementation.

14.40.090 Modification, exemption, and credit of CTR requirements.

14.40.100 Appeal of administrative decisions.

14.40.110 Compliance, civil violations, and penalties.

14.40.010 Definitions.

The following definitions shall apply throughout this chapter:

A. “Affected employee” means a full-time employee who begins his or her regular workday at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees.

B. “Affected employer” means an employer that employs 100 or more affected employees, as defined in this section, at a single worksite. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.

C. “Alternative mode” means any means of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work week schedules if they result in reducing commute trips.

D. “Alternative work schedules” mean programs such as compressed work week schedules that eliminate commute trips for affected employees.

E. “Base year” means the 12-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The city of Bellevue uses this 12-month period as the basis upon which it develops commute trip reduction goals.

F. “Baseline measurement” means the results of a survey of affected employees at a major employer worksite or agreed to zone average designated during the base year, to determine the drive alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified in the city of Bellevue CTR implementation guidelines.

G. “Carpool” means a motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip.

H. “City” means the city of Bellevue.

I. “Commute trips” mean trips made from a worker’s home to a worksite on weekdays.

J. “CTR” is the abbreviation of “commute trip reduction.”

K. “CTR implementation guidelines” or “implementation guidelines” means the compilation of additional guidance by the city to guide employers in defining and executing their CTR programs.

L. “CTR plan” means the city’s commute trip reduction plan adopted as required by RCW 70.94.527.

M. “CTR program” means an employer’s strategies to reduce employees’ drive alone commutes and average VMT per employee.

N. “CTR zone” means an area within Bellevue characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, or other factors that may affect the level of SOV commuting. The city’s CTR zones are defined in the implementation guidelines.

O. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. Compressed workweeks are understood to be an ongoing arrangement.

P. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.

Q. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

R. “Drive alone” means a motor vehicle, including a motorcycle, occupied by one employee for commute purposes.

S. “Drive alone trips” or “single-occupant vehicle (SOV)” means commute trips made by employees in single-occupant vehicles, including motorcycles.

T. “Employee” means anyone, other than an independent contractor or seasonal agricultural employee, who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.

U. “Employee transportation coordinator (ETC)” means a person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program.

V. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs employees.

W. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.

X. “Flex-time” means an employer policy allowing individual employees flexibility in choosing the start and end time, but not the number, of their working hours, to facilitate the use of alternative modes.

Y. “Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.

Z. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.

AA. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule.

BB. “Major employer” means a private or public employer, including state agencies, that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months.

CC. “Major employer worksite” or “affected employer worksite” or “worksite” means the physical location occupied by a major employer, as determined by the city.

DD. “Mode” means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting.

EE. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday, in which case the notice is deemed accepted the day after the weekend or legal holiday.

FF. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

GG. “Peak period trip” means any commute trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

HH. “Proportion of drive alone trips” or “drive alone rate” means the number of commute trips over a set period made by affected employees in single-occupancy vehicles divided by the number of potential trips taken by affected employees working during that period.

II. “Ride matching service” means a system that assists in matching commuters for the purpose of commuting together.

JJ. “Teleworking” or “telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a workplace closer to home, reducing the distance traveled in a commute trip by at least half.

KK. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool.

LL. “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce the number of drive alone trips and thereby reshape demand on the transportation system.

MM. “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits.

NN. “Vanpool” means a vehicle occupied by from five to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.

OO. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.

PP. “Week” means a seven-day calendar period starting on Monday and continuing through Sunday.

QQ. “Weekday” means any day of the week except Saturday or Sunday.

RR. “Writing,” “written,” or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery.

SS. “Zone average” means a figure that may be used to establish a baseline measurement for a new major employer. The zone average is calculated using existing survey data from the other affected employers in the zone to develop an average drive alone rate and VMT per employee. (Ord. 5795 § 1, 2008; Ord. 5157 § 1, 1999; Ord. 4506 § 1, 1993.)

14.40.020 City of Bellevue CTR plan.

The goals established for the jurisdiction and affected employers in the city’s commute trip reduction plan, given Clerk’s Receiving No. 42488 and incorporated by reference as if fully set forth herein, is hereby adopted. This plan replaces the 1999 plan and may be amended by further action of the city council. (Ord. 5795 § 2, 2008; Ord. 5157 § 4, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.040.)

14.40.030 CTR goals.

The city’s goals for reductions in the proportion of drive alone commute trips and vehicle miles traveled per employee by affected employers within Bellevue’s jurisdiction are established by the city’s CTR plan and represent the desired level of performance for the city’s CTR program in its entirety.

The city will set the individual worksite goals for affected employers based on how the worksite can contribute to the city’s overall goal established in the CTR plan. The goals will appear as a component of the affected employer’s approved implementation plan.

If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by the city at a level designed to achieve the city’s overall goals for the program. The city shall provide written notification of the goals for each affected employer worksite by providing the information during review of the employer’s proposed program and incorporating the goals into the program approval issued by the city.

The implementation guidelines describe the methods used to calculate worksite goals for established and newly affected employers. (Ord. 5795 §§ 2, 3, 2008; Ord. 5157 § 2, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.020.)

14.40.040 Responsible department.

The city manager, or his or her designee, shall designate the city department and officials who shall be responsible for administering this chapter and the city’s CTR program for city employees. (Ord. 5795 § 4, 2008; Ord. 5157 § 5, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.050.)

14.40.050 Applicability.

A. The provisions of this chapter shall apply to any affected employer within the corporate limits of the city. Each affected employee will be counted only at a single worksite.

B. Notification of Applicability.

1. The city will publish a notice of availability of a summary of the ordinance codified in this chapter and a notice of the requirements and criteria for affected employers to comply with the ordinance at least once in the city’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter.

2. Affected employers located in the city will receive formal written notification that they are subject to this chapter within 30 days after passage of the ordinance codified in this chapter. Such notification shall provide 90 days for the affected employer to establish a baseline measurement consistent with the measurement requirements specified by the city. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the city under previous iterations of this code, the employer is not required to perform another baseline measurement.

3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter must identify themselves to the city within 90 days of the passage of the ordinance and will be granted a 90-day extension to establish a baseline measurement consistent with the measurement requirements specified by the city.

C. Newly Affected Employers. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within 90 days of either moving into the corporate limits of the city or growing in employment at a worksite to 100 or more affected employees. Such employers shall be granted 90 days from the date they identify themselves to perform a baseline measurement consistent with the measurement requirements specified by the city. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the city. The program will be developed to be consistent with the goals of the adopted CTR plan and be implemented not more than 90 days after approval by the city. Employers who do not identify themselves or implement an approved CTR program according to this schedule are in violation of this section and are subject to the penalty provisions outlined in BCC 14.40.110 (Compliance, civil violations and penalties).

D. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

1. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.

2. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.

3. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Ord. 5795 § 5, 2008; Ord. 5157 § 6, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.060.)

14.40.060 Requirements for affected employers.

A. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive alone commute trips.

B. Mandatory Program Elements. Each affected employer’s CTR program shall include the following mandatory elements:

1. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program.

2. Information Distribution. Information about alternatives to drive alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to the city with the employer’s program description and regular report.

C. Additional Program Elements. The employer’s CTR program shall include additional elements as needed to meet CTR goals. Approved additional elements are detailed in the implementation guidelines.

D. Review and Description of Employer’s CTR Program. Affected employers are required to review their program and file a regular progress report with the city in accordance with the format provided by the city as described in the implementation guidelines. At a minimum, the employer’s CTR program report and description must include:

1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, surrounding services, and unique conditions experienced by the employer or its employees;

2. The number of employees affected by the CTR program and the total number of employees at the site;

3. Documentation on compliance with the mandatory CTR program elements (as described in subsection B of this section);

4. Description of any additional elements included in the employer’s CTR program (as referenced in subsection C of this section); and

5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals.

E. Biennial Measure of Employee Commute Behavior. In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect commute trip reduction program employee questionnaires (surveys) at least once every two years, and strive to achieve at least a 70 percent response rate from employees at the worksite. (Ord. 5795 § 6, 2008; Ord. 5157 § 7, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.070.)

14.40.070 Record keeping.

Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the city for a minimum of 48 months. (Ord. 5795 § 7, 2008; Ord. 5157 § 8, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.080.)

14.40.080 Schedule and process for CTR program review, reports, and implementation.

A. Document Review. Program descriptions shall be deemed acceptable if all information referenced in BCC 14.40.060(D) is provided. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within 90 days of submission, the employer’s program or annual report is deemed accepted. The city may extend the review period up to 90 days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.

B. Schedule. Upon review of an employer’s initial CTR program, the city shall establish the employer’s regular reporting date. This report will be provided in a form provided by the city consistent with BCC 14.40.060 and the implementation guidelines.

C. Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of mandatory CTR requirements. Such requests may be granted if one of the following conditions exist:

1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or

2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship.

The city may require the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request.

D. Extensions. An employer may request additional time to submit a CTR program description and report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. (Ord. 5795 § 8, 2008; Ord. 5157 § 9, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.090.)

14.40.090 Modification, exemption, and credit of CTR requirements.

A. Goal Modification. An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or regular report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in implementation guidelines. An employer may not request a modification of the applicable goals until one year after approval of its initial program description.

B. Exemptions.

1. An affected employer may request the city grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall grant or deny the request within 30 days of receipt of the request. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

2. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR board administrative guidelines (and reflected in the city’s implementation guidelines) to assess the validity of employee exemption requests. The city shall grant or deny the request within 30 days of receipt of the request. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.

C. Credit for Transportation Demand Management Efforts. Employers whose VMT per employee and drive alone rate are already equal to or less than the goals for one or more future goal years, and that commit in writing to continue the current level of effort, may be exempted from one or more of the mandatory requirements in BCC 14.40.060(B). Employers must fulfill the survey and reporting requirements during measurement years. If a measurement year report indicates that the employer is no longer achieving the applicable goals, the credit shall be revoked and the employer shall immediately become subject to all requirements of this chapter and shall be so notified by the city. (Ord. 5795 § 9, 2008; Ord. 5157 § 11, 1999; Ord. 4711 § 1, 1994; Ord. 4506 § 1, 1993. Formerly 14.40.100, 14.40.110.)

14.40.100 Appeal of administrative decisions.

A. Content of Notice of Appeal. An affected employer may appeal an administrative decision. Any notice of appeal filed with the city clerk shall reference the administrative decision that is being appealed and shall contain a brief statement identifying exceptions or objections to the administrative decision and describing the requested relief, modification, or alternative sought by the appealing employer. The written appeal must be filed together with an appeal notification available from the office of the city clerk.

B. Appeal Process. Any appeal of an administrative decision filed pursuant to this section shall be processed pursuant to the Process II appeal procedures, LUC 20.35.250.

C. Hearing Body. The hearing examiner shall serve as the hearing body on all appeals filed pursuant to this section.

D. Review Guidelines. The hearing examiner shall be guided in his/her decision on the appeal by this chapter and the state CTR law. (Ord. 5795 § 10, 2008; Ord. 5157 § 12, 1999; Ord. 4978 § 31, 1997; Ord. 4506 § 1, 1993. Formerly 14.40.130.)

14.40.110 Compliance, civil violations, and penalties.

A. For purposes of this section, “programmatic compliance” shall mean:

1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;

2. Providing a complete CTR program description and report on the regular reporting date; and

3. Distributing and collecting the CTR program employee questionnaire during the scheduled survey time period.

B. For the purposes of this section, performance shall relate to the achievement of VMT per employee and proportion of drive alone trip goals, and “compliance” shall be defined as:

1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program;

2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met the applicable drive alone or VMT goal, no additional modifications are required;

3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive alone or VMT reduction goal, the city shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description and report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference.

C. Violations. The following constitute violations if the deadlines established in this chapter are not met:

1. Failure to self-identify as an affected employer;

2. Failure to perform a baseline measurement;

3. Failure to develop and/or submit on time a complete CTR program;

4. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter;

5. Submission of false or fraudulent data in response to survey requirements;

6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; or

7. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this chapter.

D. Civil Violations and Penalties. The city may issue a notice of civil violation and may impose monetary penalties in the manner set forth in Chapter 1.18 BCC for any civil violation committed by an employer (subsection C of this section); provided, that any monetary penalty imposed shall not exceed $250.00 per day for each violation and that no monetary penalties shall accrue subsequent to the filing of an appeal by an employer of such notice of civil violation. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW.

E. Limitation of Monetary Penalties.

1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive alone or VMT goal;

2. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

a. Propose to a certified collective bargaining representative adoption of any provision of the employer’s CTR program that is subject to collective bargaining pursuant to the National Labor Relations Act, the Public Employee’s Collective Bargaining Act (Chapter 41.56 RCW), or any other applicable federal or state collective bargaining law; and

b. Advise the union of the existence of the CTR statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law ( RCW 70.94.531).

3. Hearing Examiner Decision. Monetary penalties proposed by the city for failure of an employer to revise its CTR program as directed by the city may be reduced or vacated by the hearing examiner if the employer can demonstrate to the satisfaction of the hearing examiner that measures are unreasonable or are demonstrably unlikely to reduce the proportion of drive alone trips and/or VMT per employee. (Ord. 5795 § 11, 2008; Ord. 5157 § 13, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.140.)

Chapter 14.50
SPECIAL EVENTS CODE

Sections:

14.50.010 Title.

14.50.020 Purpose.

14.50.030 Territorial application.

14.50.040 Policy.

14.50.050 Intent.

14.50.060 Definitions.

14.50.070 Special events committee – Membership.

14.50.080 Powers of the special events committee.

14.50.085 Exemption to noise control code.

14.50.090 Application and processing of permits and post event evaluation.

14.50.100 Decision.

14.50.110 Conditions authorized and additional permits.

14.50.120 Permit fee and charges.

14.50.130 Hold harmless.

14.50.140 Insurance requirements.

14.50.150 Adoption of procedures.

14.50.160 Liability.

14.50.170 Violation.

14.50.180 Review of the special events code.

14.50.010 Title.

This chapter shall be known as the special events code. It is referred to herein as the “code.” (Ord. 4622 § 1, 1993.)

14.50.020 Purpose.

It is the purpose of this code to provide for the issuance of special event permits to regulate events on the public streets and public property of the city in the interest of public health, safety and welfare; and to provide for fees, charges and procedures required to administer the permit process. (Ord. 4622 § 1, 1993.)

14.50.030 Territorial application.

This code and the procedures adopted hereunder shall be in effect throughout the city. (Ord. 4622 § 1, 1993.)

14.50.040 Policy.

It is the policy of the city, as implemented through this code and any procedures adopted hereunder, to recognize the substantial community benefits that result from special events. These events provide cultural enrichment, promote economic vitality, and enhance community identity and pride. They also may provide opportunities for family activities and funding for our community’s nonprofit agencies. Partnerships between the city, event sponsors and the community are valuable in ensuring successful events. Therefore, the city will strive to accommodate special events. The city recognizes that events can be difficult to implement successfully and that the city requirements may represent a significant portion of an event’s costs. When setting fees and conditions for events, the city will be sensitive to their impacts on the event’s costs while balancing the city’s obligation to protect public health and safety. It is the city’s goal to have successful special events that enrich and enliven the community.

It is the policy of the city that events be staged in various areas in Bellevue (Downtown, Eastgate, Crossroads, Wilburton Hill, Newport Hills, and Factoria) when feasible, thus encouraging the participation by a greater number of Bellevue citizens. The city also recognizes that certain events are site-specific; therefore flexibility is important when determining event locations. (Ord. 4991 § 2, 1997; Ord. 4622 § 1, 1993.)

14.50.050 Intent.

It is the specific intent of this code and any procedures adopted hereunder to place the obligation of complying with the requirements of this code upon the applicant or sponsor, and no provision hereof is intended to impose any duty upon the city or any of its officers, employees or agents. Nothing contained in this code or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of the applicant or sponsor to comply with the provisions hereof. (Ord. 4622 § 1, 1993.)

14.50.060 Definitions.

The following words and phrases when used in this chapter shall mean:

“Annual event” means an event recurring each year at approximately the same date which has previously complied with the permit requirements of this code.

“Applicant” means the authorized agent of the sponsor who completes the application and acts as primary contact for the special event.

“Closed route” means a route along or across a public right-of-way on which nonemergency vehicle traffic is not permitted to proceed for the entire duration of a special event.

“Event participants” means a person in attendance at an event, including spectators, vendors, event staff, city staff, and all others present for the purpose of the event.

“Fair/carnival” means a stationary event, held for one or more days.

“Notice of intent” means a notice to stage a special event submitted by an applicant which informs the city of a proposed event.

“Parade” means any organized group marching or in procession, whether on foot, animal, or vehicle.

“Procedure” means a procedure adopted by the special events committee, to implement this code, or to carry out other responsibilities as may be required by this code or by other codes, ordinances, or resolutions of the city or other agencies.

“Race/run” means an organized event upon a public street, sidewalk, or trail in which 10 or more persons participate by walking, running, riding a bicycle, or operating a wheelchair.

“Right-of-way use permit” means a permit issued pursuant to the Right-of-Way Use Code Chapter 14.30 BCC.

“Rolling closure route” means a street, sidewalk, trail, walkway, or other right-of-way closure to accommodate an event, where as the event passes, the right-of-way is reopened for use by the general public.

“Special event” means a sponsored event held on the public streets, sidewalks, walkways, or on other publicly owned property which interferes with normal vehicular or pedestrian traffic and requires the use of city services.

“Sponsor” means the person or group responsible for the special event to be held.

“Temporary special events license” means the license required under Chapter 5.12 BCC.

“Temporary use permit” means a permit issued pursuant to Chapter 20.30 LUC.

“Transportation management/parking plan” means a plan developed by the applicant/sponsor to identify and mitigate traffic/parking impacts, conditions, and proposed solutions associated with a special event (includes transportation demand management measures). (Ord. 4714 § 1, 1994; Ord. 4622 § 1, 1993.)

14.50.070 Special events committee – Membership.

There is created hereby a special events committee to carry out the provisions of this code. In order to assure working representation from all appropriate segments of the community and to provide effective deliberation and stakeholder approval of all impacting events, the special events committee shall consist of the following members:

A. One representative each from the police, fire, parks, development services, and transportation departments.

B. A representative from Metro Transit.

C. A representative from the downtown business district.

D. Three business representatives appointed by the city council, one to represent the area west of I-405 and north of I-90, one to represent the area east of I-405 and north of I-90, and one to represent the area south of I-90.

E. Four neighborhood representatives appointed by the city council, two to represent the area west of I-405 and north of I-90, one to represent the area east of I-405 and north of I-90, and one to represent the area south of I-90.

F. Two event promoter representatives appointed by the city council, one to represent volunteer promoters and one to represent paid promoters.

G. The chair of the committee shall be from the lead department. The chair shall provide for maintaining committee records, arranging meeting times and places and issuing permits on behalf of the committee. (Ord. 5821 § 18, 2008; Ord. 5516 § 1, 2004; Ord. 4991 § 1, 1997; Ord. 4622 § 1, 1993.)

14.50.080 Powers of the special events committee.

The special events committee shall have the power to:

A. Interpret and administer this code;

B. Represent the city, under the authority of the city manager, in discussions and in maintaining agreements with the person(s) who represents the event;

C. Coordinate with city departments and with other government agencies for the provision of governmental services for such special events;

D. Establish terms and conditions, appropriate fees, and the time(s), place and manner of the event;

E. Approve or deny special events permits;

F. Adopt policies and procedures for administering this code as necessary; and

G. Recommend to the city manager or his/her designee whether to grant an exemption to the noise control code under BCC 9.18.020(A)(13). The special events committee shall make such recommendation to the city manager or his/her designee based on the criteria set forth in BCC 14.50.085. (Ord. 5722 § 1, 2007; Ord. 4622 § 1, 1993.)

14.50.085 Exemption to the noise control code.

A. Upon recommendation by the special events committee, the city manager or his or her designee will grant or grant with conditions an exemption to the noise control code pursuant to BCC 9.18.020(A)(13) if the use of the sound amplification equipment:

1. Will not constitute a public nuisance;

2. Will not endanger the public health or safety;

3. Will not endanger public property; and

4. Is associated with an event that is open to the general public.

B. Violations of permits issued pursuant to this section shall be considered a civil noise infraction enforced as set forth in Chapter 9.18 BCC. (Ord. 5722 § 2, 2007.)

14.50.090 Application and processing of permits and post event evaluation.

A special events permit must be obtained from the city to stage a special event. (If a proposed use or event would require both a right-of-way use permit under Chapter 14.30 BCC and a special events permit under this chapter, then the application will be processed under this chapter and a right-of-way use permit under Chapter 14.30 BCC will not be required.) The following procedure applies:

A. A notice of intent must be submitted to the city by the special event applicant/sponsor, listing location/route, date, and time. The notice of intent must be filed at least 90 days prior to the date of the proposed event to allow adequate review time, provided this requirement shall not apply to a special event which is sponsored or cosponsored by the city. A notice of intent for annual events must be submitted by January 15th of the year in which the event is to be held and will be processed within 60 days. First time events will be encouraged to list several options for location, route, date, and time.

B. The special events committee shall review the notice of intent and determine if the event can be accommodated. The committee shall meet with the applicant/sponsor to prioritize locations/routes. Applicant is required to provide to the committee a complete package of information on the proposed event, including a tentative site plan and activities involved with the event.

C. A notice of pending decision on first time or significantly changed events must be mailed by the city to affected businesses/residents (to be determined on a case-by-case basis by the special events committee) along with a request for written comments.

D. The special events committee shall meet with the applicant/sponsor to discuss comments received and possible conditions and fees.

E. After knowing possible conditions/fees the applicant must apply for a formal special event permit and pay an application fee in accordance with BCC 14.50.120.

F. The special events committee shall make a decision on the application and set any conditions and fees, in accordance with BCC 14.50.110 and 14.50.120, and upon payment issue the permit.

G. The special events committee shall notify the city council of approval of events.

H. The applicant/sponsor must provide notification to the affected area (to be determined on a case-by-case basis by the special events committee) regarding approval of the event, date(s), time(s), and location/route, to take place 15 days prior to event.

I. A post event evaluation shall be conducted by the special events committee. The evaluation may include a survey of affected residents/businesses and a meeting with the applicant/sponsor and the special events committee. (Ord. 4714 § 2, 1994; Ord. 4655 § 1, 1994; Ord. 4622 § 1, 1993.)

14.50.100 Decision.

In deciding whether to approve, approve with conditions, or deny a permit, the special events committee shall determine whether:

A. The event, as proposed, can be shown to function safely;

B. The diversion of police and fire resources to support the event will not deny reasonable police and fire protection to the city;

C. The special event will not cause unreconcilable interference with previously approved and/or scheduled construction, maintenance or other activities;

D. The special event sponsor/applicant provides a transportation management/parking plan for traffic control/parking management which may include accommodating transportation demand management measures;

E. The location/route meets the criteria established in the procedures. (Ord. 4622 § 1, 1993.)

14.50.110 Conditions authorized and additional permits.

A. The special events committee may include in a special event permit, among other provisions, reasonable terms or conditions as to the time, place and manner of the event; compliance with health and sanitary regulations, emergency services, and security. Additional permits may be required to meet the conditions established by the permit, and/or other city codes.

B. In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use streets or parks, the conditions may include, but not be limited to, reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event. (Ord. 4622 § 1, 1993.)

14.50.120 Permit fee and charges.

A. Permit fees and charges are based on a flat fee schedule depending on the type of event and duration/participation level.

B. Application Fee. Thirty-five dollars to cover permit processing (nonrefundable).

Fee Schedule
Type of Event	Fee
Fun run/bike race (rolling closure)	$1,400
Fun run/bike race (rolling closure)	$1,400
Race/parade (closed course)
Race/parade (closed course)
Less than or equal to 3 hours per day	3,500
Less than or equal to 3 hours per day	3,500
Greater than 3 hours per day	5,600
Greater than 3 hours per day	5,600
Fair/carnival
(Daily participation over entirety of event)


Less than 5,000 event participants	1,050
Less than 5,000 event participants	1,050
5,000 – 25,000 event participants	5,000
5,000 – 25,000 event participants	5,000
25,001 – 50,000 event participants	7,000
25,001 – 50,000 event participants	7,000
Greater than 50,001 event participants	10,500
Greater than 50,001 event participants	10,500

The fees above will be increased or decreased effective January 1st of each year (beginning January 1, 1996) to reflect the current published annual change in the Seattle Consumer Price Index for wage earners and clerical workers.

Additional fees may include park department user fees. Fees associated with permit conditions (i.e. electrical, security, fire, etc.) are in addition to the above fee schedule and are the sole responsibility of the applicant/sponsor.

Temporary special event license fees paid to the city will be deducted from the above fee schedule. In the event that the temporary special event license fees exceed the fee for the special event permit, no credit will be given and the higher fee will be charged.

C. When Payable. A $35.00 application fee is required when the applicant/sponsor files the application. Fees assessed from the fee schedule are payable 30 days prior to the event taking place.

If the applicant/sponsor is anticipating paying a temporary special events license fee, a $2,000 deposit shall be required 30 days prior to the event, and balance shall be required 30 days after the event has taken place and final assessments of fee are determined.

D. Refund. Fees charged from the fee schedule are refundable (minus the $35.00 application fee), if the special event is canceled after the permit is issued, and written notice is received by the special events committee 30 days prior to the date of the event.

A sponsor which is financially unable to pay all or a portion of the permit fees and charges under this section may apply to the special events committee for a waiver of such fees and charges. The sponsor may be required to provide such financial information, including information as to income and assets, as to enable the committee to determine if the sponsor is, in fact, unable to pay such fees and charges. The committee may waive such fees and charges as it determines a sponsor is financially unable to pay. (Ord. 4714 § 3, 1994; Ord. 4622 § 1, 1993.)

14.50.130 Hold harmless.

As a condition to the issuance of any permit under this chapter, the applicant shall agree to defend, indemnify and hold harmless the city, its officers, employees and agents, for any and all suits, claims or liabilities caused by, or arising out of any use authorized by any such permit. (Ord. 4622 § 1, 1993.)

14.50.140 Insurance requirements.

The applicant shall provide general liability insurance naming the city as an additional insured. Limits of coverage will be determined by the city’s risk manager at the time of application. Certificates of insurance are to be submitted to the city for approval 14 working days prior to the day of the event. Acceptability of insurance is subject to approval by the city’s risk manager. (Ord. 4622 § 1, 1993.)

14.50.150 Adoption of procedures.

The city may prepare and adopt procedures for the purpose of implementing this code or to carry out other responsibilities as may be required by this code or other codes, ordinances of the city or other agencies. Such procedures do not require approval by the city council. (Ord. 4622 § 1, 1993.)

14.50.160 Liability.

The city and employees charged with enforcement and administration of this code, acting for the city in good faith and without malice in the discharge of their duties shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required by or by reason of any act or omission in the discharge of such duties. (Ord. 4622 § 1, 1993.)

14.50.170 Violation.

Any person violating any provision of this code is guilty of a civil infraction, Chapter 1.18 BCC. (Ord. 4622 § 1, 1993.)

14.50.180 Review of the special events code.

A review of the code will take place every two years, with fee schedules being adjusted to meet city costs for services. (Ord. 4622 § 1, 1993.)

Chapter 14.60
TRANSPORTATION
DEVELOPMENT CODE

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Sections:

14.60.010 Title.

14.60.020 Purpose.

14.60.021 Authority.

14.60.022 Violation – Penalty.

14.60.030 Application.

14.60.040 Definitions.

14.60.050 Traffic impact analysis reports.

14.60.060 Traffic impact mitigation.

14.60.070 Transportation management program.

14.60.080 Transportation management program – Downtown.

14.60.090 Dedication of right-of-way.

14.60.100 Easements and tracts.

14.60.110 Street frontage improvements.

14.60.120 Landscaping in right-of-way, easements and access tracts.

14.60.130 Private streets.

14.60.140 Acceptance of dedicated private streets as public streets.

14.60.150 Driveways.

14.60.160 Private intersection opening.

14.60.170 Street ends.

14.60.180 Parking circulation.

14.60.181 Americans with Disabilities Act.

14.60.190 Nonmotorized facilities.

14.60.200 Traffic signals.

14.60.210 Street lighting.

14.60.220 Traffic control.

14.60.230 Utility companies.

14.60.240 Street intersection sight obstruction.

14.60.241 Sight distance requirements for pedestrian safety.

14.60.250 Pavement restoration for trenching in right-of-way.

14.60.010 Title.

This chapter shall be known as the transportation development code and shall be referred to herein as the “code”. (Ord. 4822 § 1, 1995.)

14.60.020 Purpose.

This code is consistent with the comprehensive plan of the city, as adopted pursuant to the Growth Management Act, Chapter 35.70A RCW, and is intended to implement the provisions of such plan. The provisions contained in this code are necessary for the protection and preservation of the health, safety, and general welfare of the citizens and businesses of the city. (Ord. 4822 § 1, 1995.)

14.60.021 Authority.

A. The department of transportation by and through its director is charged with the administration and enforcement of the provisions of this code.

B. The director shall have the authority to:

1. Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the department.

2. Request the assistance of other city departments to administer and enforce this code.

3. Assign the responsibility for interpretation and application of specified procedures to the department of transportation.

4. Prepare, adopt and update as needed engineering standards to establish minimum requirements for the design and construction of transportation facilities and requirements for protecting existing facilities during construction. The engineering standards shall be consistent with this code and adopted city policies.

C. When authorized by a provision of this Chapter 14.60 BCC, the transportation department may require or allow a performance or maintenance assurance device in conformance with Section 20.40.490 of the Bellevue City Code (Land Use Code). (Ord. 4822 § 1, 1995.)

14.60.022 Violation – Penalty.

Violation of any provision of this code constitutes a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. The city shall seek compliance through Chapter 1.18 BCC if compliance is not achieved through this code. (Ord. 4822 § 1, 1995.)

14.60.030 Application.

This code shall be in effect throughout the city. (Ord. 4822 § 1, 1995.)

14.60.040 Definitions.

The following words and phrases, when used in this code, shall have the following meanings:

A. “Activity centers” means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people.

B. “Bicycle facilities” means a general term referring to improvements that accommodate or encourage bicycling, including parking facilities, bike racks, bicycle route mapping, and bicycle route development.

C. “Bicycle route” means any route specifically designated for bicycle travel, whether exclusive for bicyclists or to be shared with other transportation modes.

D. “Cul-de-sac” means a street closed at one end by widened pavement of sufficient size for vehicles to turn around.

E. “Curb (wheelchair) ramp” means a ramp cut into a roadway curb to allow access for physically challenged pedestrians to and from sidewalks and streets.

F. “Dedication” means the transfer of land or interest in land by the owner of such land to the city for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated.

G. “Developer” means the property owner and his/her authorized agents or contractors responsible for a given project.

H. “Development” means all structures and other modifications of the natural landscape above and below ground or water, or a particular site.

I. “Director” means the director of the department of transportation of the city of Bellevue, the director’s authorized representative, or such other persons authorized by the city manager.

J. “Easement” means a grant of an interest in land by the property owner for a designated use by another person or entity or the public in general.

K. “Gross square feet” means the total number of square feet within the finished wall surface of the outer building walls of a structure, excluding vent shafts, outdoor courts and parking.

L. “High occupancy vehicle (HOV)” means an automobile, vanpool or bus with two or more occupants.

M. “Mixed use development” means the development of a contiguous tract of land, a building or a structure with two or more different uses as identified on the Land Use Charts in the Land Use Code.

N. “Mode split” means the percentage of overall trips made by different means of transportation.

O. “Peak period” means two hours during any a.m. or p.m. period when vehicular arrival and departure from the site is highest.

P. “Right-of-way (public)” means all public streets and property dedicated to public use for streets together with public property reserved for public utilities, transmission lines and extensions, walkways, sidewalks, bikeways or equestrian trails.

Q. “Single-occupancy vehicle (SOV)” means automobiles transporting the driver only.

R. “Street frontage” means any part of private or public property which borders a public street.

S. “Street tree” means a tree planted within the public right-of-way. (Ord. 4822 § 1, 1995.)

14.60.050 Traffic impact analysis reports.

Traffic impact analysis reports are required for proposed development projects when the city has reason to believe that the impact on the city’s existing or planned future transportation facilities will be significant. (Ord. 4822 § 1, 1995.)

14.60.060 Traffic impact mitigation.

A. The director may require conditions necessary to mitigate traffic impacts resulting from a development project. Mitigation measures may include, but are not limited to, traffic diverters, installation of medians, installation of left turn barriers and neighborhood street parking enforcement.

B. The director may require the permittee to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property. (Ord. 4822 § 1, 1995.)

14.60.070 Transportation management program.

A. The owner of property upon which new structural development is proposed shall, prior to any initial occupancy of any building, establish a transportation management program (TMP) to the extent required by BCC 14.60.070(E) and in accordance with the provisions thereof.

B. Existing structures are not subject to the requirements of this section except where a substantial remodel is proposed.

C. The director shall specify the TMP submittal requirements, including type, detail, format, methodology, and number of copies, for an application subject to this section to be deemed complete and accepted for filing. The director may waive specific submittal requirements determined to be unnecessary for review of an application.

D. For the purposes of this section, the term “employees” includes all on-site workers in buildings subject to the requirements of this section.

E. The owner of any property for which a TMP is required shall include those components identified as requirements on the following Transportation Management Program Requirements Chart. The chart identifies the total gross square footage (for one or more structures) at which specific requirements become applicable. The requirements identified on the chart are described in BCC 14.60.070(F).

TRANSPORTATION MANAGEMENT PROGRAM REQUIREMENTS


Programmatic Requirement (1)	Office & High Technology Light Industry (2)	Mftng/Assembly (other than High Tech)	Professional Services Medical Clinics & Other Health Care Services	Hospitals	Retail/ Mixed Retail/ Shopping Centers	Residential: Multiple Family Dwellings	Mixed Uses (3)
No requirements	Less than 30,000 gsf	Less than 50,000 gsf	Less than 30,000 gsf	Less than 80,000 gsf	Less than 60,000 gsf	Less than 100 units	(4)
Post information (See subsection (F)(1)(a) and (b))	30,000 gsf and over	50,000 gsf and over	30,000 gsf and over	80,000 gsf and over	60,000 gsf and over	100 units and over	(4)
Distribute information (See subsection (F)(2))	30,000 gsf and over	50,000 gsf and over	30,000 gsf and over	80,000 gsf and over	N/A	N/A	(4)
Provide transportation coordinator (See subsection (F)(3)(a) and (b))	50,000 gsf and over	150,000 gsf and over	50,000 gsf and over	80,000 gsf and over	150,000 gsf and over	N/A	(4)
Provide preferential parking (See subsection (F)(4)(a), (b) and (c))	50,000 gsf and over	150,000 gsf and over	50,000 gsf and over	80,000 gsf and over	150,000 gsf and over	N/A	(4)
Provide financial incentive (See subsection (F)(5))	50,000 gsf and over	150,000 gsf and over	50,000 gsf and over	80,000 gsf and over	N/A	N/A	(4)
Provide guaranteed ride home (See subsection (F)(6))	50,000 gsf and over	150,000 gsf and over	50,000 gsf and over	80,000 gsf and over	N/A	N/A	(4)

Footnotes to Transportation Program Requirements Chart:

(1) Specific actions that the owner of the property must take to mitigate parking and traffic impacts.

(2) Excluding medical clinics and other health care services.

(3) Other than mixed retail.

(4) Requirements for mixed uses will be determined on a project basis as described in subsection (G)(1) of this section.

F. As indicated on the Transportation Management Program Requirements Chart, the property owner shall:

1. Post Information.

a. Post ridesharing and transit information from Metro or other approved sources in a visible central location in the building, such as the lobby or other public area near the major entrance to the building on a continual basis. This requirement applies to each building in a building complex.

b. All posting materials required by the Transportation Management Program Requirements Chart must be provided by a source approved by the director.

2. Distribute Information. Distribute ridesharing and transit information from Metro or other approved sources annually to all tenants and employees and to new tenants and new employees. Such information must identify available ridesharing and transit services.

3. Provide a Transportation Coordinator.

a. The coordinator shall publicize the availability of ridesharing options, provide reports to the city (see BCC 14.60.070(I)), act as liaison to the city, and provide ridesharing matching assistance in conjunction with Metro or a private system sponsored by the property owner as approved by the city.

b. The property owner must provide the transportation coordinator’s name to the city. The coordinator must be available for meetings and training sessions conducted by the city or other agency approved by the city.

4. Provide Preferential Parking.

a. Provide specially marked parking spaces in a preferential location between 6:00 a.m. and 9:00 a.m. for each registered carpool and vanpool in which tenants and their employees participate. A preferential location includes proximity to the building and covered parking when possible.

b. Preferential parking must be enforced and monitored through on-site inspection at least three mornings a week.

c. To facilitate monitoring, carpools and vanpools must be certified by the coordinator through a registration system as approved by the city, and be recertified quarterly.

5. Provide Financial Incentive. Provide a minimum of $15.00 per month financial incentive for employees on-site who commute by carpool, vanpool or transit. The financial incentive for transit riders and Metro vanpool riders will be a discounted Metro Transit (or a comparable service) bus/vanpool pass. The financial incentive for each carpool and non-Metro vanpool participant will be a cash bonus to the participant, a coupon redeemable for gasoline, or an equivalent discount in parking charges.

6. Provide Guaranteed Ride Home. Provide a taxi-scrip system of low-cost rides home for on-site employee transit riders or registered on-site employee carpoolers and vanpoolers who miss a bus or ride because of an employer requirement to work late or because of a need to leave early due to illness or home emergency.

G. Determination of Requirements for Mixed Uses. The director shall determine the transportation management program requirements for mixed uses. These requirements shall be limited to the requirements described in subsections E and F. The director shall apply the requirements for the same or most similar uses as described in subsections E and F.

H. Substitution of Alternate Program. With the approval of the director, an alternate transportation management program may be substituted by the property owner for those components identified as requirements in subsection F if, in the judgment of the director, the alternate program is at least equal in potential benefits to the requirements in subsection F.

I. Reporting Requirements. Beginning one year after the issuance of a final certificate of occupancy, and every two years thereafter for development subject to this section, the property owner shall submit a report to the director, who shall then determine compliance with this section. The report shall describe each of the required transportation management program components that were in effect for all previous years, the total number of on-site employees, the expenditures for financial incentives and guaranteed ride home, the number of bus passes sold, and the number of registered carpools and vanpools. A report form will be provided to the property owner by the city.

J. Recording. Prior to the issuance of a building permit or of any approvals made pursuant to Chapter 20.30 BCC, the owner of property subject to this section shall record an agreement between the city and the property owner with King County division of records and elections and with the Bellevue city clerk that requires compliance with this section by the present and future owners of the property. (Ord. 4822 § 1, 1995.)

14.60.080 Transportation management program – Downtown.

A. The director may require a transportation management program (TMP) for any project proposed within the downtown in order to reduce congestion, reduce peak hour trips, or implement the policies of the comprehensive plan.

B. Programmatic Requirements.

1. The owner of a building with 50,000 gross square feet or more of office shall, in addition to the programmatic elements identified in the Transportation Management Requirement Chart in BCC 14.60.070(F), perform or cause to be performed the following elements:

a. Commuting options information boards for each tenant with 50 or more employees.

b. Leases in which the tenants are required to participate in periodic employee surveys.

c. Identification of parking cost as a separate line item in such leases and a minimum rate for monthly long-term parking, not less than the cost of a current Metro two-zone pass.

d. A personalized ridematching service for building employees to encourage carpool and vanpool formation. The ridematching service must enhance the computerized ridematching service available from Metro (or a comparable service), with personalized follow-up with individual employees.

2. Duration. The programmatic requirements shall continue for the life of the building.

C. Performance Goals.

1. The owner of a building with 50,000 gross square feet or more of office shall, as part of the TMP for the building, comply with the following performance goals:

a. For every other year beginning with the building’s first certificate of occupancy (CO) anniversary and for 10 years thereafter, the performance goals shall become more restrictive, so that by the tenth year the maximum SOV rate will be reduced by 35 percent from the CO year baseline.

b. The city may adjust the above rates every other year based on review of current conditions in the downtown, the characteristics of the building, and other local or state regulations.

c. These performance goals apply to present and future property owners for the life of the building.

D. Survey and Analysis Requirements.

1. Employee Survey. The property owner shall conduct a survey to determine the employee mode split. The survey must be conducted by an independent agent approved by the city. This survey shall be conducted in a manner to produce a 70 percent response rate and shall be representative of the employee population. If the response rate is less than 70 percent, all nonresponses up to 70 percent shall be considered SOV trips. The survey results shall be used as the basis for calculating performance levels. The city shall provide a survey form to the property owner.

2. Schedule of Survey. The survey is to be conducted every two years; the first survey shall be conducted one year after the issuance of the CO.

3. Analysis of Performance Goals.

a. Single-Occupancy Vehicle Use Formula:

(NS/NT)(100) = percent SOV use, where:

NS = number of employees who commute to work by SOV

NT = total number of employees.

E. Reporting Requirements.

1. Content of Evaluation Report. The property owner shall submit a report to the city which includes the following elements:

a. The property owner’s compliance with the performance goals listed in BCC 14.60.080(C), including the number of HOV spaces, their location, how HOV spaces are monitored, loading and van parking locations, transportation coordinator activities, the number and location of commuter information centers and employer commuter options boards, an example of lease language, past and current parking costs and ridematch activities.

b. The results of the employee survey, including the survey procedures and the percent SOV use by employees.

c. Any nonrequired activities undertaken by the property owner to encourage HOV and transit use or any unusual circumstances which have affected SOV use.

The city will provide a report form to the property owner.

2. Reporting Schedule. An initial action plan for implementing the TMP shall be submitted within six months of the issuance of the temporary certificate of occupancy. The action plan shall describe transportation management techniques that the property owner will use to encourage HOV use by employees and reduce peak period vehicle trips as necessary to meet the performance goals. City staff will be available to assist in the development of the action plan. The evaluation reports shall occur by building’s first CO anniversary, and every two years thereafter.

F. Failure to Meet Performance Goals.

1. Remedies. If the city determines that the property owner has failed to meet the performance goals of BCC 14.60.080(C), the property owner shall comply with the action plan, employee survey and reporting requirements as set forth below.

2. Action Plan Requirement.

a. Plan Required. If the property owner fails to meet the performance goals, the property owner shall prepare, submit to the city and implement an action plan to meet the performance goals within one year.

b. Adequacy of Plan. The property owner will be allowed flexibility in developing the action plan subject to city review and approval, which approval shall not be unreasonably withheld. As a guide to this review, the city will evaluate the following:

i. The relationship of the number of employees that would be affected by the plan actions to the size of the deficiency which must be reduced.

ii. The effectiveness of proposed actions as they have been applied elsewhere in comparable settings.

iii. The schedule for implementation of the action plan and the assignment of responsibilities for each task.

3. Annual Employee Survey Requirements. An employee survey shall be conducted within one year of the date of submission of the previous report to the city. This survey shall be conducted under the same conditions and using the same methods as described in BCC 14.60.080(D)(1).

4. Annual Report Requirement. A report shall be submitted one year after the submission of the previous report. The report shall include all of the contents described in BCC 14.60.080(E)(1), and in addition shall include descriptions of:

a. Implementation of the action plan, including expenditures; and

b. Summary of effectiveness of elements of the action plan.

5. Duration. The property owner shall comply with the action plan, the annual survey and the annual report requirements every year that the property owner fails to meet the performance goals up to a maximum of six years after submission of the first report.

6. Assurance Device. In the event of a failure by the property owner to meet the performance goals, the property owner shall provide to the city an assurance bond, or other assurance device referenced in BCC 14.60.021(C), at the property owner’s option, securing any financial incentives prescribed in an action plan. The assurance device shall equal the cost of the maximum incentive levels which could be required for the following year as referenced in the action plan. The amount of the assurance device shall be determined when the level of activity is determined on the action plan. The assurance device shall be issued not later than 60 days after this determination.

G. Violations. The property owner shall be in violation of the requirements of BCC 14.60.080 if he/she fails to:

1. Comply with the programmatic requirements of BCC 14.60.080(B)(1); or

2. Comply with the reporting requirements of BCC 14.60.080(E); or

3. Submit the required action plans required in BCC 14.60.080(F)(2); or

4. Implement the required action plans required in BCC 14.60.080(F)(2); or

5. Conduct the required employee survey of BCC 14.60.080(F)(3). (Ord. 4822 § 1, 1995.)

14.60.090 Dedication of right-of-way.

A. The city may require the dedication of right-of-way in order to incorporate transportation improvements which are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate:

1. Motorized and nonmotorized transportation, landscaping, utility, street lighting, traffic control devices, and buffer requirements; and

2. Street frontage improvements where the existing right-of-way is not adequate; and

3. The extension of existing or future public street improvements.

B. Some reduction in the minimum right-of-way requirement may be granted by the review engineer where it can be demonstrated that sufficient area has been provided for all frontage improvements, including utilities, within the right-of-way.

C. The owner of a subdivision may be required to dedicate right-of-way, as a condition of approval of the subdivision, where existing right-of-way for public streets is not adequate to incorporate necessary frontage improvements for public safety and to provide compatibility with the area’s circulation system.

D. The owner of a short subdivisions may be required to dedicate right-of-way, as a condition of approval of the short subdivision, where such dedication is necessary to mitigate the direct impacts of the short subdivision and:

1. The short subdivision abuts an existing substandard public street and the additional right-of-way is necessary to incorporate future frontage improvements for public safety; or

2. Right-of-way is needed for the extension of existing public street improvements necessary for public safety; or

3. Right-of-way is needed to provide future street improvements necessary for public safety for planned new public streets. (Ord. 4822 § 1, 1995.)

14.60.100 Easements and tracts.

A. Easements for all public streets and utilities needed to serve the proposed development consistent with the provisions of the comprehensive plan and other adopted city plans shall be granted by the property owner. Easements may be for private streets, sidewalks, street lighting, traffic control devices and temporary construction. Design features of a street may necessitate the granting of slope, wall, and drainage easements.

B. Nonmotorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the city’s nonmotorized circulation plan.

C. Nonmotorized easements and tracts shall be wide enough to include the trail width and a minimum clear distance of two feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping.

D. Easements shall be designated “city of Bellevue nonmotorized public easement” and easement documents shall specify the maintenance responsibility.

E. The city may accept dedications of sensitive areas which have been identified and are required to be protected as a condition of development. Dedication of such areas to the city will be considered when:

1. The dedicated area would contribute to the city’s overall open space and greenway system;

2. The dedicated area would provide passive recreation opportunities and nonmotorized linkages;

3. The dedicated area would preserve and protect ecologically sensitive natural areas, wildlife habitat and wildlife corridors;

4. The dedicated area is of low hazard/liability potential; and

5. The dedicated area can be adequately managed and maintained. (Ord. 4822 § 1, 1995.)

14.60.110 Street frontage improvements.

A. The installation of street frontage improvements is required prior to issuance of a certificate of occupancy for new construction other than single-family homes, or prior to final approval for subdivisions, short subdivisions and PUDs. For additions and remodels to existing buildings see Section 20.20.560 of the Land Use Code.

B. Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the permittee as directed by the review engineer. Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, street trees and landscaping, irrigation, street widening, and channelization. Beyond the property frontage, the permittee shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety.

C. When (due to site topography, city plans for improvement projects, or other similar reasons) the review engineer determines that street frontage improvements cannot or should not be constructed at the time of building construction, the property owner shall, prior to issuance of the building permit, at the direction of the review engineer:

1. Pay to the city an amount equal to the property owner’s cost of installing the required improvements prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the city of materials costs, quantities, and labor costs; or

2. Record an agreement which provides for these improvements to be installed by the property owner by a date acceptable to the city; or

3. Record an agreement to not protest a local improvement district to improve the street frontage.

D. If, at a time subsequent to the issuance of a building permit, a local improvement district is established which includes the property for which the building permit was issued, and if such condition or agreement as prescribed in this section has been performed by the developer, the condition or agreement may be considered in the compilation of the local improvement district assessment roll as a pre-existing contract with the city, for which the property owner may be credited against the assessment with the appropriate amount of costs of construction expended by the developer.

E. The requirement for installation of frontage improvements may be waived by the review engineer under either of the following conditions:

1. Adjacent street frontage improvements are unlikely to be installed in the foreseeable future; or

2. The installation of the required improvement would cause significant adverse environmental impacts. (Ord. 4822 § 1, 1995.)

14.60.120 Landscaping in right-of-way, easements and access tracts.

A. Applicability. The requirements of this section apply when street frontage improvements are required as part of any development by BCC 14.60.110.

B. Required Review. The city shall review proposed street frontage improvements for compliance with this section.

C. Preservation of Existing Street Trees and Landscaping.

1. Retention of existing vegetation may be required along city streets.

2. Wherever it is necessary to remove or relocate plant materials from the right-of-way in connection with the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such trees or replace them according to city standards.

3. Any landscaping in the right-of-way which is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner.

4. Landscaping and other improvements within the right-of-way are subject to removal at the request of the city when the right-of-way is needed for public use.

D. Street Tree and Landscaping Installation Requirement.

1. Street landscape installation or improvement is required when applicable projects are to be undertaken along arterials as identified on the transportation technical manual and according to guidelines of the transportation technical manual.

2. Ground cover shall be provided for site frontage right-of-way with a potential for erosion.

E. Species Selection.

1. The selection of tree species in the downtown shall be according to the specified trees in the transportation technical manual – Bellevue downtown street tree species plan.

2. Outside of the downtown, selection of tree species shall follow the pattern as listed in the transportation technical manual – city of Bellevue designated street trees.

3. For streets having no designated tree species, but where street trees are required, tree species selection shall be from transportation technical manual – approved street trees.

F. Maintenance of Plant Materials.

1. Landscaping in the right-of-way shall be maintained by the abutting property owner(s) unless maintenance has been accepted by the city.

2. All landscape materials in the public right-of-way shall be maintained to industry standards. Trees shall be pruned according to standards adopted by either the National Arborists Association or the International Society of Arboriculture.

3. The property owner is responsible for ensuring that landscaping fronting his/her property does not impair sight-distance.

4. Topping of street trees shall be prohibited. (Ord. 4822 § 1, 1995.)

14.60.130 Private streets.

Private streets will be allowed when:

A. A covenant which provides for maintenance and repair of the private street by property owners has been approved by the city and recorded with King County; and

B. The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and

C. The private street would not hinder public street circulation; and

D. At least one of the following conditions exists:

1. The street would ultimately serve four or fewer lots; or

2. The street would ultimately serve more than four lots, and the review engineer and the fire marshal determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or

3. The private street would be part of a planned unit development; or

4. The private street would serve commercial or industrial facilities where no circulation continuity is necessary. (Ord. 4822 § 1, 1995.)

14.60.140 Acceptance of dedicated private streets as public streets.

Acceptance of dedicated private streets as public streets will be considered if the street meets all public street design and construction standards. Consideration of acceptance is also subject to the requirements of other city of Bellevue departments. Final acceptance is subject to city council approval. The following criteria will be evaluated:

A. Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction.

B. Condition of title.

C. Survey requirements for monumentation and conveyance.

D. The need for additional right-of-way and easements.

E. Cost of accepting the street and of future maintenance. (Ord. 4822 § 1, 1995.)

14.60.150 Driveways.

A. Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or parking area will not impede vehicles in the travel lane of the public street.

B. Wherever available, access for commercial and multifamily property shall be provided onto streets which do not abut R-1, R-1.8, R-2.5, R-3.5, R-4, R-5 or R-7.5 land use districts.

C. Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the city may require the applicant to provide an access and circulation easement to an abutting owner where joint access is reasonable to serve future development.

D. The installation of driveways onto arterials may be denied if alternate access is available.

E. The continued use of pre-existing driveways is not guaranteed with the development of a site.

F. All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed.

G. Driveway approach grade and configuration shall accommodate planned future street widening to prevent the need for major driveway reconstruction.

H. No commercial driveway shall be approved where backing onto the sidewalk or street will occur.

I. Left turns to and from a driveway may be restricted either at the time of development or in the future if such maneuvers are found by the city to be hazardous.

J. Unless there exists no other access to the property in question, the city shall not permit any driveway to be located any closer than 100 feet from any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as possible. In no case shall the city permit any driveway to be located any closer than 20 feet from any other driveway, measured from nearest edge to nearest edge.

K. Unless there exists no other access to the property in question, the city shall not permit any driveway to be located any closer than 150 feet from the nearest parallel street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the parallel street as possible.

L. The city shall not permit more than one driveway or street opening on any property having a street frontage of 200 feet or less. This subsection shall not apply if the property’s street frontage is less than 200 feet and the property is at least three acres in area.

M. The requirements of this section may be modified by the director if:

1. The modification is reasonable and necessary for development of the property; and

2. The modification will result in more efficient access to and circulation within the property; and

3. The modification will not create a hazardous condition for motorists or pedestrians. (Ord. 4822 § 1, 1995.)

14.60.160 Private intersection opening.

A private intersection opening may, with the approval of the review engineer, be used in lieu of a conventional driveway when the following criteria are met:

A. Projected driveway usage is greater than 2,000 vehicles per day.

B. Traffic signalization and easements are provided as required by the review engineer.

C. A minimum 100-foot storage area is provided between the face of curb and any turning or parking maneuvers within the development.

D. The opening is at least 150 feet from the near side face of curb of the nearest intersecting street.

E. The opening is at least 100 feet from any other driveway on the property frontage under the control of the property owner. (Ord. 4822 § 1, 1995.)

14.60.170 Street ends.

A. All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in BCC 14.60.170(B) and(C).

B. A hammerhead may be used in lieu of a circular turnaround if the street is less than 200 feet long and serves six or fewer lots. An alternative design may be used if approved by the review engineer and the fire marshal.

C. Streets which temporarily dead-end and will be extended in the future will not have a turnaround or hammerhead unless determined necessary by the review engineer and the fire marshal. When no turnaround or hammerhead is provided, street-end barricading shall be installed and must conform to the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD).

D. A landscaped island delineated by curbing shall be provided in the cul-de-sac by the property owner. The landscaping shall be maintained by the homeowners’ association or adjacent property owners. (Ord. 4822 § 1, 1995.)

14.60.180 Parking circulation.

Parking lot circulation needs shall be met on-site. The public right-of-way shall not be used as part of a one-way parking lot flow. (Ord. 4822 § 1, 1995.)

14.60.181 Americans with Disabilities Act.

A. All street frontage improvements and non-motorized facilities shall be designed and constructed to meet the intent of applicable requirements of the Americans with Disabilities Act (ADA).

B. In accordance with the state law and federal guidelines established by the ADA, wheelchair curb ramps shall be provided at all pedestrian crossings with curbs. (Ord. 4822 § 1, 1995.)

14.60.190 Nonmotorized facilities.

A. The city’s goals and policies for nonmotorized facilities are as described in the pedestrian and bicycle transportation plan. The users of non-motorized facilities are separated in that plan into two categories: pedestrian (which includes people, wheelchairs, horses, and other nonmotorized users) and bicycle. Internal pedestrian circulation systems shall be provided within and between existing, new, and redeveloping commercial, multifamily, and single-family developments; activity centers; and existing frontage pedestrian systems.

B. Concrete sidewalks shall be provided:

1. On both sides of all arterial streets;

2. On both sides of all nonarterial streets longer than 300 feet and on one side of all nonarterial streets less than 300 feet in length;

3. On both sides of all public streets which provide access to existing or planned future sidewalks, activity centers, parks, schools, neighborhoods, or public transit facilities;

4. On one side of dead-end residential streets, ending at the property line nearest the transition to a cul-de-sac circular turnaround or hammerhead.

C. The review engineer may grant an exception to the requirement for concrete sidewalk when:

1. The subdivision design provides an acceptably surfaced and maintained public walkway system; or

2. A paved path as described in the pedestrian path BCC 14.60.190(D) is provided.

D. A paved path shall be provided in lieu of concrete sidewalk when:

1. The paved path is determined by the city to be of a temporary nature; or

2. The city determines that soil or topographic conditions dictate a flexible pavement; or

3. The pedestrian and bicycle transportation plan indicates that neighborhood character does not warrant concrete sidewalks.

E. When street frontage improvements are required under BCC 14.60.110, additional right-of-way and pavement may be required if indicated on a designated bicycle route as identified in the pedestrian and bicycle transportation plan. (Ord. 4822 § 1, 1995.)

14.60.200 Traffic signals.

A. When a proposed street or driveway design interferes with existing traffic signal facilities, traffic signal modification or relocation must be provided.

B. To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required.

C. All traffic signal modification designs shall be prepared by a licensed engineer experienced in traffic signal design. (Ord. 4822 § 1, 1995.)

14.60.210 Street lighting.

A. Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development.

B. All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities.

C. For new subdivisions, the city will accept maintenance and power cost responsibility for the public street light system when a subdivision is 50 percent or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system.

D. Street illumination is required at the intersection of a private street and a public street. No street lighting is required along a private street. (Ord. 4822 § 1, 1995.)

14.60.220 Traffic control.

A. Temporary traffic control to ensure traffic safety during construction activities must be provided. A plan meeting the approval of the transportation department must be developed prior to starting construction activities.

B. The developer is responsible for supplying and installing all necessary permanent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization.

C. Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are demonstration devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be permitted only when the installation has met criteria established by the traffic engineer. (Ord. 4822 § 1, 1995.)

14.60.230 Utility companies.

A. Utility companies with facilities in city right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the city in order for the relocation work to be the financial responsibility of the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or right-of-way use agreement with the city, such agreement shall control any relocation requirement.

B. All utility distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, and TV cable, shall be installed underground unless otherwise provided in a franchise agreement or right-of-way agreement. (Ord. 4822 § 1, 1995.)

14.60.240 Street intersection sight obstruction.

A. Notwithstanding any other provision of this code, no vehicles shall be parked or any sign, fence, hedge, shrubbery, natural growth or other obstruction installed, set out or maintained which obstructs the view of motor vehicle operators at an intersection within the sight areas defined in BCC 14.60.240(B) and between the height limits defined in BCC 14.60.240(C). BCC 14.60.240(D) specifies what constitutes an obstruction to the view of motor vehicle operators. For the purpose of this code, “intersection” shall include: the intersection of two public streets; the intersection of a commercial driveway with a public street; the intersection of a residential driveway with a public street; and the intersection of a private street with a public street.

B. The sight area at an intersection is defined as the area bounded by setback lines, or bounded by setback lines and the edge of the traveled lane. Setbacks for intersection types are as specified in the following paragraphs.

1. Major Street/Minor Street. Intersections of this type have no control or flashing yellow on the major street, and a stop sign or flashing red signal on the minor street. Private commercial driveways (which may or may not have a stop sign) used by the public for entering any city street are also included in intersections of this type.

The setback line shall be defined as a line which joins a point in the center of the minor street approach lane located 14 feet back from the edge of the through-street approach lane (Point A) and a point in the center of the through-street approach lane (Point B). The location of Point B in the through-street approach lane is specified in the following table:

Posted Speed Limit Distance from Center of Intersection

For Major Street to Point B (Left Approach Only)

40 MPH 410 Feet

35 MPH 360 Feet

30 MPH 300 Feet

25 MPH 250 Feet

Where the major street is a divided highway, only the left setback line applies. Where the major street is a one-way street, only the setback line toward the direction of approach applies.

Modification. Where major obstacles such as pre-existing permanent structures, elevated contour of the ground, embankments, or other elements preclude the reasonable enforcement of the setback lines specified above, these setbacks may be modified at the discretion of the city traffic engineer. The minor street setback distance to Point A may be reduced from 14 feet to 10 feet, and the major street Point B location may be modified as follows:

Posted Speed Limit Distance from Center of

For Major Street Intersection to Point B

40 MPH 325 Feet

35 MPH 250 Feet

30 MPH 200 Feet

25 MPH 150 Feet

2. Uncontrolled Intersection. For intersections with no traffic control on any approach, the setback lines join a point on the approach located 50 feet back from the center of the intersection with points located 80 feet back from the center of the intersection on the right and left hand streets. All points are on the street centerlines.

3. Yield Intersection and T Intersection. Yield intersections have a yield sign on one or both of the minor street approaches, and no control on the major street approaches. The setback lines for yield intersections join a point in the center of the yield approach lane 25 feet back from the edge of the crossing traffic lane with points in the centers of the crossing approach lanes 100 feet back from the center of the intersection. This setback also applies to a T intersection with no restrictive control; in this case the 25-foot setback point is on the stem of the T.

4. Signalized Intersection. For signalized intersection approaches with right-turn-on-red-after-stop permitted, the left setback line joins a point in the center of the minor street approach lane located 14 feet back from the edge of the through-street approach lane (Point A) and a point in the center of the left through-street approach lane (Point B). The location of Point A may be reduced to 10 feet subject to approval of the traffic engineer. The location of Point B is specified in the following table:

Posted Speed Limit Distance from Center of Intersection

For Major Street to Point B (Left Approach Only)

40 MPH 325 Feet

35 MPH 250 Feet

30 MPH 200 Feet

25 MPH 150 Feet

5. Residential Driveway Intersection. For the intersection of a residential driveway with a public street, the setback line joins a point in the center of the driveway (Point A) with a point in the center of the through-street approach lane (Point B). The setback distance of Point A from the edge of the traveled lane is 10 feet. The location of Point B is specified in the following table:

Posted Speed Limit Distance from Center of

For Major Street Intersection to Point B

40 MPH 325 Feet

35 MPH 250 Feet

30 MPH 200 Feet

25 MPH 150 Feet

Modification. When the residential driveway is located on a residential street with a sharp curve adjacent to the driveway, the distance to Point B may be reduced from 150 feet to 100 feet. For residential driveways with major obstacles or special view problems, the setback distance on the driveway (Point A) may be reduced from 10 feet to eight feet, subject to approval by the traffic engineer.

6. Sightline Setback – Other. For intersections not clearly included in the above types and for which view problems may exist, the traffic engineer will establish setback lines as required.

C. Sight Obstruction Height Limits. Sight obstruction, as defined in subsection D of this section, shall not be permitted above a line two and one-half feet above the street surface within the sight areas established in subsection B of this section. However, sight obstructions above a line seven and one-half feet above the street surface are permitted. For residential driveways, this upper height requirement is reduced from seven and one-half feet to six feet.

D. Sight Obstruction Defined.

1. For minor street/through street intersections, as defined in subsections (B)(1), (B)(4) and (B)(5) of this section, the following obstructions within the established sight areas shall be permitted:

a. One obstruction within each sight area which presents a maximum of two and one-half feet width when viewed from the applicable angle, which has at least two feet clear view inside the obstruction (on the side away from the intersection). At distances greater than 40 feet from the view point, the obstruction may present a maximum of four feet width.

b. Any number of obstructions one and one-half feet or less in maximum width when viewed from any applicable angle; provided there is equal open space on each side of the obstruction for all angles.

2. For intersections with no signalization or stop signs, as defined in subsections (B)(2) and (B)(3) of this section, the following obstructions within the established sight areas shall be permitted:

a. One obstruction within each sight area which presents a maximum of eight feet width when viewed from any applicable angle, and which has at least four feet clear view inside the obstruction and eight feet clear view between the obstruction and the edge of the traffic lanes; or

b. Two obstructions within each sight area each of which presents a maximum of five feet width when viewed from any applicable angle, and separated by four feet on more open space when viewed from all applicable angles, and which have at least four feet clear view inside the obstructions and eight feet clear view between the obstructions and the edge of the traffic lanes; or

c. Any number of obstructions one foot or less in width; provided they obstruct no more than two feet continuous obstruction width when viewed from any applicable angle; and provided there is equal open space on each side of the obstruction for all angles.

E. Where unusual conditions preclude the application of the foregoing provisions of this section in a reasonable manner, or where a special viewing problem exists, the traffic engineer will determine when an intersection view obstruction exists, based on the intent of this section.

F. Every obstruction of the sort prohibited in this section hereafter installed or permitted to remain shall be deemed a violation of this code. (Ord. 4822 § 1, 1995.)

14.60.241 Sight distance requirements for pedestrian safety.

A. The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one-foot-high object 15 feet away from either edge of the driveway throat when the driver’s eye is 14 feet behind the back of the sidewalk.

B. The minimum sight distance defined in subsection A of this section shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc. are located adjacent to or in close proximity to a pedestrian walkway.

C. Sight lines to traffic control devices such as signs, signals, etc. shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. (Ord. 4822 § 1, 1995.)

14.60.250 Pavement restoration for trenching in right-of-way.

A. To ensure that public street pavement is not degraded by trenching, excavation, and pavement restoration activities, the trench backfill and restoration section of the transportation technical manual shall be adhered to when trenching within the paved portion of the city right-of-way.

B. Modifications or exceptions to subsection A of this section may be approved by the director upon written request by the permittee and demonstration of a satisfactory alternative.

C. A five-year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street.

D. Modifications or exceptions to subsection C of this section may be approved by the director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. (Ord. 4822 § 1, 1995.)

Chapter 14.62
ASSESSMENT REIMBURSEMENT CONTRACTS

Sections:

14.62.010 Authorized.

14.62.020 Application for contract – Fees.

14.62.030 Processing of application – Preliminary determination.

14.62.040 Right to hearing.

14.62.050 Decision by city council.

14.62.060 Filing of contract.

14.62.010 Authorized.

As provided in Chapter 35.72 RCW, the city may contract with the owners of real estate for the construction or improvement of street projects which the owners elect to install as a result of ordinances that require the projects as a prerequisite to further property development. Such contracts shall provide for reimbursement in accordance with RCW 35.72.020 and 35.72.030. (Ord. 5405 § 1, 2002.)

14.62.020 Application for contract – Fees.

An owner of real estate may request an assessment reimbursement contract by filing an application with the city. The applicant shall pay all processing fees in accordance with all applicable city ordinances or resolutions. If a hearing is requested before the hearing examiner under BCC 14.62.040, the applicant shall pay to the city its actual costs for the hearing examiner. (Ord. 5405 § 1, 2002.)

14.62.030 Processing of application – Preliminary determination.

In accordance with RCW 35.72.040, the transportation department shall formulate an assessment reimbursement area including those parcels adjacent to the improvements which would require similar street improvements upon development. The preliminary determination of assessment area boundaries, along with a description of the property owners’ rights and options, shall be forwarded by certified mail to the property owners of record within the proposed assessment area. (Ord. 5405 § 1, 2002.)

14.62.040 Right to hearing.

If any affected property owner requests a hearing in writing within 20 days of the mailing of the preliminary determination, a hearing shall be held before the hearing examiner, notice of which will be given to all affected property owners by mail not later than 14 days prior to the hearing. The examiner, following the hearing, shall make written findings and conclusions and a recommendation to the city council. (Ord. 5405 § 1, 2002.)

14.62.050 Decision by city council.

The city council shall consider the recommendation of the examiner at a public meeting in accordance with city council rules for considering appeals, and shall make a decision which shall be determinative and final. If no hearing is requested under BCC 14.62.040, the contract will be considered by the city council at a public meeting. (Ord. 5405 § 1, 2002.)

14.62.060 Filing of contract.

If the contract is approved by the city council, it shall be filed by the transportation department with the King County department of records and elections within 30 days of final execution and shall be binding on all property owners of record within the assessment area who are not parties to the contract, and their successors in interest. (Ord. 5405 § 1, 2002.)

Footnotes

¹See Chapter 5.30 BCC on cable communications.

Title 14TRANSPORTATION CODE Amended Ord. 5883

Chapter 14.02NAMES AND NUMBERS

14.02.010 Definitions.

14.02.020 Numbering of streets.

14.02.030 Numbering principles.

14.02.040 Prefixes and suffixes for boulevards.

14.02.050 Extensions to boulevards.

14.02.060 Naming new boulevards.

14.02.070 Naming existing streets.

14.02.080 Numbering houses required.

14.02.090 House numbering rules.

14.02.100 Title of chapter.

Chapter 14.06TREES, WEEDS AND VEGETATION

14.06.010 Duty of abutting owner to abate nuisance.

14.06.020 Penalty for noncompliance.

14.06.030 Enforcement.

14.06.040 Notice of abatement.

14.06.050 Abatement by city – Costs – Lien.

14.06.060 Obstruction of utility wires.

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

14.06.080 Utility to post bond.

14.06.090 Provisions supplemental.

14.06.100 Destruction of trees, shrubs, plants prohibited.

Chapter 14.10TRAFFIC STANDARDS CODE Amended Ord. 5883

14.10.005 Purpose.

14.10.010 Definitions.

14.10.020 Application and administration.

14.10.030 Level-of-service standard.

14.10.040 Review of development proposals.

14.10.050 Methods of providing transportation improvements.

14.10.060 Mobility management area system intersections and map.

Chapter 14.20FRANCHISE TERMS AND CONDITIONS1

14.20.010 Scope of chapter.

14.20.020 Franchise as a contract.

14.20.030 Franchise term.

14.20.040 Franchise not exclusive.

14.20.050 Subject to authority.

14.20.060 Franchise applications – Contents.

14.20.070 Application fee.

14.20.080 Consideration of applications.

14.20.090 Franchise acceptance.

14.20.100 Franchise performance bond.

14.20.110 Legal acquisition by purchase or condemnation.

14.20.120 Rights of grantee.

14.20.130 Construction approval and inspection.

14.20.140 Time for start and completion of construction – Termination of franchise.

14.20.150 Relocation.

14.20.160 Transfer of ownership or control.

14.20.170 Successors to grantee.

14.20.180 Forfeiture of rights.

14.20.190 Assumption of liability.

14.20.200 Insurance.

14.20.210 Grantee to indemnify city.

14.20.220 Extent of grantee’s obligations.

14.20.230 Franchise fee.

14.20.240 Charge for administrative costs.

14.20.250 Liquidated damages.

14.20.260 Civil penalties and additional relief.

14.20.270 Revocation and termination.

14.20.280 Procedures for termination.

14.20.290 Changes in provisions.

14.20.300 Force majeure.

Chapter 14.30RIGHT-OF-WAY USE CODE

14.30.010 Short title.

14.30.020 Purpose.

14.30.030 Territorial application.

14.30.040 Construction – Intent.

14.30.050 Definitions.

14.30.060 Powers of the director.

14.30.070 Permit requirements.

14.30.075 Additional permits.

14.30.080 Right-of-way use permits.

14.30.090 Applications and processing of permits.

14.30.100 Permit fees and charges.

14.30.110 Specifications.

14.30.120 Permit exception.

14.30.130 Revocation of permits.

14.30.140 Renewal of permits.

14.30.150 Assurance device/insurance.

14.30.160 Hold harmless.

Title 14
TRANSPORTATION CODE Amended Ord. 5883

Chapter 14.02
NAMES AND NUMBERS

Chapter 14.06
TREES, WEEDS AND VEGETATION

Chapter 14.10
TRAFFIC STANDARDS CODE Amended Ord. 5883

Chapter 14.20
FRANCHISE TERMS AND CONDITIONS¹

Chapter 14.30
RIGHT-OF-WAY USE CODE

Chapter 14.35
VACATION OF PUBLIC RIGHT-OF-WAY

Chapter 14.40
COMMUTE TRIP REDUCTION

Chapter 14.50
SPECIAL EVENTS CODE

Chapter 14.60
TRANSPORTATION
DEVELOPMENT CODE