Public Maintenance Services

Adequate Public Maintenance Services Facilities under City Code Chapter 22.16

22.02.010 - Purpose.

A. The purposes of testing for and certification of Adequate Public Facilities are to:

• Assure that development and redevelopment occurs in concert with the Capital Improvement Program and will enable the City to provide adequate public facilities in a timely manner and achieve the growth objectives of the Comprehensive Plan as defined in Title 21.
• Assure that proposed development protects the public health and safety, promotes the general welfare of the community, and conserves the environment.
• Assure that proposed development fits harmoniously into the fabric of the community.
• Encourage new development to occur in areas of the City where public facilities are being provided.

B. Adequacy standards should be achievable within a six-year time-frame and the annual Capital Improvement Program should be based on a community facilities plan that insures that existing deficiencies are corrected within that time-frame.

22.16.010 Responsibility.

The Director of Public Works shall be responsible for review and assessment of a proposed project with regard to the adequacy of public maintenance facilities.

22.16.020 Goal.

The goal of adequate public maintenance facilities is to ensure that safe and efficient service is provided in the areas of trash pick-up, snow removal, and road maintenance.

22.16.030 Exemptions.

There are no exemptions allowed for any projects.

22.16.040 Standards.

The standards for public maintenance services, required to be promulgated pursuant to Section 22.08.10, shall be determined by the Director of Public Works.

Additional Applied Standards

•  The Director of Public Works shall assess the scope of the proposed project for increases in the number of residential units; square feet of commercial space and additional public roadways which will fall under the responsibility of the Department.
• If the Director of Public Works determines that the proposed project will increase the demands upon the Department in a manner that may compromise public health and safety or otherwise negatively impact the general welfare of the community, the Director of Public Works may determine that the application does not meet departmental adequacy standards; require that the proposed project provide private services for trash pick-up, snow removal and road maintenance; or conditionally approve the project with the imposition of an annual maintenance fee for service rendered by the Department.

22.28 Mitigation

2.28.010 - Opportunity to mitigate.

A.  An applicant whose proposed project is subject to denial or delay under this title shall be given an opportunity to provide infrastructure funds, to improve facilities directly, or to donate necessary facilities in order to allow for approval of the applicant’s application under this title for a Certificate for Adequate Public Facilities.

B. The forms and levels of mitigation required of an applicant shall be roughly proportionate to the projected impact of the proposed project upon the facility or facilities and shall be determined by the Director of Planning and Zoning in consultation with the other departments responsible for the applicable facilities as outlined in Section 22.28.010.

C.   For a school facility, mitigation consists of the construction or funding of improvements by a developer that increase capacity of the school facility which, at the time of application, is below the minimum standard in the impact area so that the capacity of the facility in the scheduled completion year is equal to, or greater than, it would have been had the development not been constructed. A mitigation plan with physical improvements may be secured by bond, letter of credit or other security acceptable to the City and shall be provided under an agreement with the Board of Education to construct school facilities, including contract schools. The developer shall submit a cost estimate to establish the value of construction offered in mitigation in conformance with City specifications. Capital improvements to any portion of the developer’s property or project, pursuant to a school capacity mitigation agreement, shall be made available and shall provide school capacity to allow approval of preliminary subdivision plan applications that are filed within six years of the date of the school capacity mitigation agreement.

22.28.020 - Process.

A.            Mitigation consists of the construction or funding of improvements to onsite or offsite public facilities by an applicant that increase capacity or safety on each public facility that is below the minimum standard so that the capacity or safety of the facility after mitigation will be equal to or greater than if the proposed project had not been developed.

B.            To determine the appropriate forms and levels of mitigation, an applicant shall consult with the department responsible for review and assessment of each facility that would be deemed inadequate. Once the applicant and the department agree upon the forms and levels of mitigation that will offset the impact of the project upon the facility, the applicant shall enter into a mitigation plan on terms and conditions acceptable to the Department of Planning and Zoning in consultation with the Office of Law. The mitigation plan shall require the applicant to provide the mitigation agreed upon and in return the Department of Planning and Zoning shall determine that the facility or facilities will be adequate for the project.

C.            If a department finds that a facility is or would be inadequate as a result of more than one proposed project, the department may apportion the responsibility and cost of mitigation among all contributing projects, which apportionment shall be reflected in the applicable mitigation plans.

D.            Each mitigation plan shall be approved by the Director of Planning and Zoning as well as the department responsible for the facility for which the mitigation plan approval is sought. If a facility would be inadequate for a project, and if the project and the applicant are unable to agree upon acceptable forms and levels of mitigation for the facility such that no mitigation plan is entered into by the applicant, the department shall determine that the facility is inadequate to support the project and shall forward a written copy of such findings and explanation to the Director of Planning and Zoning.