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HomeMy WebLinkAbout12/10/2024 07.S. Ordinance amending Yakima Municipal Code Chapter 12 Development Standards relating to construction of public improvements < `y 1ljlt ii! 'I!I/ s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.S. For Meeting of: December 10, 2024 ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 12 Development Standards relating to construction of public improvements SUBMITTED BY: Bill Preston, Community Development Director SUMMARY EXPLANATION: Amendments to Chapter 12.01 and 12.20 of the Yakima Municipal Code are being proposed per the attached ordinance. These chapters of the code concern private entities constructing public improvements through subdivisions, planned developments, or other new development or redevelopment in which public improvements are required. The changes to these chapters clarify that all fees are found in the Master Fee Schedule, reinforce the timing of when fees shall be paid, and provide more specific language pertaining to deferred public improvements. This ordinance also authorizes the establishment of a $500 nonrefundable application fee. An application fee for a permit to construct public improvements does not currently exist; instead, a $250 deposit is collected at the time of application submittal that is later deducted from the final fees (plan review and inspection fees) that are calculated and charged prior to permit issuance. This new application fee will ensure compensation of at least a small portion of the staff time that is required in processing these applications regardless of whether or not the applicant follows through with paying the final fees and obtaining the permit. If Council votes to pass this ordinance, a resolution will be brought to a future meeting to amend the Master Fee Schedule to be effective on the date that the ordinance becomes effective. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Ordinance_Changes to YMC Title 12.docx YMC Title 12 Changes_REDLINE.pdf 229 ORDINANCE NO. 2024- AN ORDINANCE amending the City of Yakima Municipal Code Chapters 12.01 and 12.20 relating to construction of public improvements. WHEREAS, the Yakima Municipal Code regulates requirements pertaining to public infrastructure to be constructed by private parties; and WHEREAS, sections within Yakima Municipal Code Title 12 are hereby modified to provide clarity as to the purpose of this code chapter, the City Engineer's ability to defer construction of required public improvements at their discretion, the location of the adopted fees, and the timing in which fees must be paid; and WHEREAS, a nonrefundable application fee for private development of public infrastructure work has not previously been established and is now hereby authorized to be established in the amount of $500 upon passage of a Resolution to amend the Master Fee Schedule; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to amend the municipal code relating to construction of public improvements; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 12.01.010: Purpose, of the Yakima Municipal Code, shall be amended to read as follows: 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision, development, or redevelopment of real property. Section 2. Section 12.01.050: Procedures manual for construction of public improvements, of the Yakima Municipal Code, shall be amended to read as follows: 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review, permitting and inspection of public improvements constructed by private parties. (2) All public improvements financed by owner/developer private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. (4) All fees associated with review, permitting and inspection are set forth in the Master Fee Schedule as adopted by the City Council by resolution. Section 3. Section 12.01.060: Phased improvements, of the Yakima Municipal Code, shall be amended to read as follows: 230 12.01.060 Deferred improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately necessary, appropriate, or useful and may be deferred until a period of time has passed, a development milestone has been reached, or some other event makes actual construction of such specified improvement necessary, appropriate, or useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer, actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be necessary for development and must be constructed immediately as part of the initial phase of a project or development and may not be included in the written agreement allowing specified improvements to be constructed at some later time, and shall be constructed prior to final approval of the initial phase of the proposed development. Section 4. Section 12.20.010: Review and inspection fee for public work improvements, of the Yakima Municipal Code, shall be amended to read as follows: 12.20.010 Review and inspection fee for public work improvements. The review and inspection fee shall be based on the construction cost estimate obtained from the Public Works Improvement Bid Item Prices sheet provided in YMC 12.20.030. For items that are not included in YMC 12.20.030, the consulting engineer shall provide the per unit cost to be reviewed and approved by the city engineer. The review and inspection fees shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. These fees shall be paid in full prior to issuance of the Engineering permit. Section 5. Section 12.20.020: Application fee, of the Yakima Municipal Code, shall be amended to read as follows: 12.20.020 Application Fee. Prior to an application being reviewed by the city engineer, a complete application shall be submitted and an application fee shall be paid in full. The application fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. The application fee is non-refundable. Section 6. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 10th day of December, 2024. ATTEST: Patricia Byers, Mayor 231 Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 232 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision, development, or redevelopment of real property„ and to establish fccs for the city engineer's review of design documents for and inspection of public works improvements. 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review,permitting and inspection of public improvements constructed by private parties. This manual shall include a schedule of fees for such review,permitting and inspection approved by the city council. (2) All public improvements financed by owner/developer private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. (4) All fees associated with review,permitting and inspection are set forth in the Master Fee Schedule as adopted by the City Council by resolution. I 12.01.060 DeferredPhased improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately necessary, appropriate, or useful and may be deferred until a period of time has passed, a development milestone has been reached, or some other event makes actual construction of such specified improvement-necessary, appropriate, or useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer, actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be necessary for development and useful immediately must be constructed immediately as part of the initial phase of a project or development and may not be included in the written agreement allowing specified improvements to be constructed at some later time, and shall be constructed prior to final approval of the initial phase of the proposed development. 12.20.010 Review and inspection fee for public work improvements. The review and inspection fee shall be based on the construction cost estimate obtained from the Public Works Improvement Bid Item Prices sheet provided in YMC 12.20.030. For items that are not included in YMC 12.20.030,the consulting engineer shall provide the per unit cost to be reviewed and approved by the city engineer. The review and inspection fees shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. These fees shall be paid in full prior to issuance of the Engineering permit. 12.20.020 Application FeeRaymcnt. 233 Prior to an application being reviewed by the city engineer, a complete application shall be submitted and an application fee shall be paid in full. The application fee shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. This e e :s ror ef,nd.,b1e and shal be paid„rior to commencement of plan rcvicw. Payment of the rcvicw and inspection fccs shall be as follows: • Two hundred fifty dollars shall be paid at the time plans are submitted to the city engineer and shall be a nonrefundable charge. The application fee is non-refundable. • Remainder of fee balance, if any, shall be paid following review and prior to approved plans being released to the consulting engineer/owner/developer. 234 Distributed at Meeting: 2D?L Item#?s ORDINANCE NO. 2024- AN ORDINANCE amending the City of Yakima Municipal Code Chapters 12.01 and 12.20 relating to construction of public improvements. WHEREAS, the Yakima Municipal Code regulates requirements pertaining to public infrastructure to be constructed by private parties; and WHEREAS, sections within Yakima Municipal Code Title 12 are hereby modified to provide clarity as to the purpose of this code chapter, the City Engineer's ability to defer construction of required public improvements at their discretion, the location of the adopted fees, and the timing in which fees must be paid; and WHEREAS, a nonrefundable application fee for private development of public infrastructure work has not previously been established and is now hereby authorized to be established in the amount of $500 upon passage of a Resolution to amend the Master Fee Schedule; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to amend the municipal code relating to construction of public improvements; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 12.01.010: Purpose, of the Yakima Municipal Code, shall be amended to read as follows: 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision, development, or redevelopment of real property. Section 2. Section 12.01.050: Procedures manual for construction of public improvements, of the Yakima Municipal Code, shall be amended to read as follows: 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review, permitting and inspection of public improvements constructed by private parties. (2) All public improvements financed by owner/developer private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. Section 3. Section 12.01.060: Phased improvements, of the Yakima Municipal Code, shall be amended to read as follows: 12.01.060 Deferred improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately necessary, appropriate, or useful and may be deferred until a period of time has passed, a development milestone has been reached, or some other event makes actual construction of such specified improvement necessary, appropriate, or useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer, actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be necessary for development and must be constructed immediately as part of the initial phase of a project or development and may not be included in the written agreement allowing specified improvements to be constructed at some later time, and shall be constructed prior to final approval of the initial phase of the proposed development. Section 4. Section 12.20.010: Review and inspection fee for public work improvements, of the Yakima Municipal Code, shall be amended to read as follows: 12.20.010 Review and inspection fee for public work improvements. The review and inspection fee shall be based on the construction cost estimate obtained from the Public Works Improvement Bid Item Prices sheet provided in YMC 12.20.030. For items that are not included in YMC 12.20.030, the consulting engineer shall provide the per unit cost to be reviewed and approved by the city engineer. The review and inspection fees shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. These fees shall be paid in full prior to issuance of the Engineering permit. Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 10th day of December, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 12.01.010 Purpose. The purpose of this chapter is to establish requirements and standards for the design and construction of public works improvements in conjunction with subdivision,development,or redevelopment of real property_, ' 12.01.050 Procedures manual for construction of public improvements. (1) The city engineer shall establish and maintain a manual describing procedures for the city engineer's review,permitting and inspection of public improvements constructed by private parties.This-manual (2) All public improvements financed by owner/developer private contracts shall comply with this procedures manual. (3) The procedures specified in the procedures manual shall apply to public improvements within a subdivision or planned development or other new development or redevelopment. 12.01.060 DeferredPhnsed improvements. (1) The city engineer may determine that actual construction of specified improvements is not immediately necessary,appropriate,or useful and may be deferred until a period of time has passed,a development milestone has been reached,or some other event makes actual construction of such specified improvement-necessary,appropriate,or useful. The person or entity responsible for actual construction of such specified improvements may enter into a written agreement with the city engineer to complete such specified improvements at some later time when, in the judgment of the city engineer,actual construction of such specified improvements will become useful. (2) Improvements the city engineer determines will be necessary for development and useful immediately-must be constructed immediately as part of the initial phase of a project or development and may not be included in the written agreement allowing specified improvements to be constructed at some later time,and shall be constructed prior to final approval of the initial phase of the proposed development. 12.20.010 Review and inspection fee for public work improvements. The review and inspection fee shall be based on the construction cost estimate obtained from the Public Works Improvement Bid Item Prices sheet provided in YMC 12.20.030.For items that are not included in YMC 12.20.030,the consulting engineer shall provide the per unit cost to be reviewed and approved by the city engineer.The review and inspection fees shall be set forth in the city of Yakima master fee schedule adopted via resolution by the city council. These fees shall be paid in full prior to issuance of the Engineering permit.