HomeMy WebLinkAboutOrdinance No. 0972ORDINANCE NO. 972
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON CONCERNING
CONSTRUCTION IMPACT MITIGATION; REPEALING MEDINA MUNICIPAL CODE
CHAPTER 15.20 AND REENACTING IN FULL; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City of Medina ("City") first enacted the Construction Mitigation Plan
("CMP") Ordinance in 1994 pursuant to Ordinance No. 588; and
WHEREAS, the purpose of the CMP was to mitigate the impacts of construction activities
on the adjacent neighbors; and
WHEREAS, over 25 years, the CMP process has evolved into a complicated and
expensive process that is does not consistently achieve the goal of mitigating construction
impacts; and
WHEREAS, in June of 2018, City staff undertook a study to determine how to better
implement a process for construction mitigation; and
WHEREAS, in addition to a comprehensive study of the CMPs issued over the past 25
years, staff solicited input from a variety of stakeholders including citizens, city councilmembers,
planning commission members, and local builders and developers; and
WHEREAS, based on the results of the study and input from the community, staff
recommends that the CMP process should be replaced with a Construction Activity Permit
("CAP"); and
WHEREAS, the CAP will be a separate permit that will be administratively approved; and
WHEREAS, the City Council finds that the CAP will increase permitting process efficiency,
assure consistency of implementation and enforcement of the code, and ensure a fair and
impartial permit decision based on the code criteria; and
WHEREAS, the City Council deems it to be in the public interest to repeal existing 15.20
MMC and reenact it in full as set forth and incorporated hereby in Exhibit A;
NOW THEREFORE BE IT ordained by the City Council of the City of Medina, Washington
as follows:
Section 1. Findings. The City Council adopts the above recitals as findings in support of
this ordinance.
Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance shall
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this ordinance.
Ordinance No. 972 Page 1 of 2
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary clerical corrections to this ordinance including, but not limited to, the correction
of scrivener'slclerical errors, references, ordinance numbering, section/subsection numbers and
any references thereto.
Section 4. Effective Date, This ordinance shall be in full force and effective five days (5)
days from the passage, and publication as by law,
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
MEDINA AT A REGULAR MEETING HELD THIS 8 TH DAY OF JULY 2019
Attested to by:
Cynthia -Adkins, Mayor
Approved as to form:
Aimee Kellerman, City Clerk Scott Missall, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.- / AB
Ordinance No. 972 Page 2 of 2
EXHIBIT A
15.20.010 Purpose.
The purpose of the Construction Activity Permit is to provide a method for citizens to participate
in reducing the impacts of neighboring construction projects while applying a standardized
mitigation policy so as to not unreasonably interfere with permit applicants' development rights.
Additional purposes of this chapter include:
A. Minimize potential adverse visual and aesthetic impacts of construction.
B. Establish objective standards for the mitigation of construction projects.
C. Encourage public participation in the mitigation evaluation process.
15.20.020 Applicability.
A. Any applicant seeking a building permit from the city is subject to the provisions of this
chapter; provided that:
1. Proposed projects with a combined permit value at or below $499,999 are
exempt from the requirements of Section 15.20.070 and 15.20.080 MMC.
2. Proposed projects with combined permit value at or above $500,000 shall comply
with the additional requirements in Section 15.20.070 MMC.
3. Proposed projects with a combined permit value at or below $499,999 having
construction access on a private lane or joint -use driveway shall comply with the
additional requirements in 15.20.080 MMC.
15.20.030 Definitions.
For the purpose of this Chapter, the following terms, phrases, words, and abbreviations shall
have the meanings given herein, unless otherwise expressly stated. Words not otherwise
defined shall have their common and ordinary meaning:
A. "Applicant' means the person, persons, or entity who owns the property where the
construction under the building permit is located, or the agent of the person, person, or entity
who owns the property where the construction under the building permit is located.
B. "Building permit" means formal authorization by the City allowing construction activity to
occur and includes any construction activity regulated under permit by the Washington state
building code as amended by the City of Medina.
C. "City" means the City of Medina, Washington.
D. "Combined permit value" means the City approved value of all work to be performed.
E. "Construction access" means the entrance and exit points for construction vehicles to
reach the project site.
Ordinance No. 972 Page 1 of 9
F. "Construction activity" means work performed in association with private development
projects performed under a building permit including but not limited to construction, deliveries to
the site, employee arrivals and departures, and heavy trucking.
G. "Construction Activity Permit" means the permit issued by the City pursuant to this
chapter.
H. "Construction Activity Site Plan" means a site plan which identifies all construction
activity associated with the building permits through standard graphics and notation.
1. "Construction Best Management Practice (BMPs)" means best management practices
used in the control of silt runoff and dust control to help achieve water and air quality goals.
Construction BMP's include both measures to prevent pollution and measures to mitigate
pollution.
J. "Construction limits" means an area with established boundaries typically defined by a
border consisting of temporary construction fencing which is installed for the purpose of defining
the location of critical areas, shorelines, tree protection, and low impact development in addition
to any other area where construction activity is prohibited.
K. "Construction parking" means the stopping of any vehicle associated with construction
activity on private or public rights -of -way for a period of greater than 15 minutes; provided that
those vehicles owned by city staff, city consultants, public utility vehicles, or private property
owners are exempt from this definition.
L. "Crane — Fixed" means a tower crane which is affixed to the ground and is certified and
regulated by the Washington State Department of Labor and Industries.
M. "Crane — Mobile" means a mobile construction crane which is typically affixed to a
vehicle and that is certified and regulated by the Washington State Department of Labor and
Industries.
N. "Director" means the City of Medina Development Services Director or designee.
O. "Joint use driveway" means a privately or publicly owned access road without City
assigned street designation used for vehicle access and for use by more than one property.
P. "Heavy truck" means vehicles having a gross vehicle weight of 26,000 pounds or
greater, and truck -trailer combinations having a length over thirty (30) feet.
Q. "Permit holder" means a person or entity that has been issued a Construction Activity
Permit.
R. "Private lane" means a privately -owned access road with City assigned street
designation that provides primary access to properties and the premises identification.
S. "Public right-of-way" means all public streets and property granted or reserved for, or
dedicated to, public use for streets and all public utilities therein, including easements in favor of
the city, together with public property granted or reserved for, or dedicated to, public use for
curbs, gutters and walkways or sidewalks, whether improved or unimproved, including the air
rights, subsurface rights and all easements in favor of the city related thereto.
Ordinance No. 972 Page 2 of 9
T. "Road" means any thoroughfare or route used by vehicles including but not limited to
public rights -of -way, joint -use driveways, and private lanes.
U. "Visual barrier" means a temporary fence, landscaping, or other structure or feature that
is opaque, six (6) feet high, and reduces the sight line between the construction and neighboring
properties.
V. "Work hours" means the hours within which construction activity is permitted pursuant to
Chapter 8.06 MMC.
15.20.040 Permit commencement and conclusion.
A. Construction activity may not begin until a Construction Activity Permit is issued, and the
permit holder has attended a pre -construction meeting with the City.
B. Construction activity must cease when the permit holder receives the final inspection
approval by City staff.
15.20.050 Application Requirements.
A. A completed construction activity permit application shall be submitted to the Director at
the intake meeting pursuant to Section 20.80.070(B) MMC.
B. A complete Construction Activity Permit application is required and shall contain the
following:
1. Construction Activity Permit application.
2. Legal description of the property.
3. Proof of ownership in the form of one of the following documents:
a) Current purpose and sale agreement;
b) Title;
c) Deed; or
d) Bill of Sale;
4. Declaration of Agent form.
5. Applications shall include the actual costs incurred by the City in reviewing and
processing the Construction Activity Permit as required by 20.14 MMC.
6. A sworn statement by the property owner(s), agent and the general contractor
acknowledging responsibility for compliance with the Construction Activity Permit.
7. A right-of-way use permit application pursuant to Section 12.08.010 MMC, if
applicable.
Ordinance No. 972 Page 3 of 9
C. Construction Activity Site Plan is required, drawn at 1" =10'-0 or 1/8" =1'-0, and
identifying the following as applicable:
1. Property boundaries and significant land, and other features including but not
limited to bodies of water.
2. Location and dimension to the property boundary of minimum required zoning
setbacks.
3. Location of all proposed structures and structures to remain.
4. Adjacent public rights -of -way, private lanes, and joint use drives.
5. Location of construction entrance.
6. Location and swing radius of crane.
7. The estimated duration of crane use.
8. Location of vehicle off -site staging including but not limited to material and
equipment deliveries and other uses of the public rights -of -way.
9. Location of portable toilet a minimum of ten (10) feet from property boundaries.
10. Location of covered trash container a minimum of ten (10) feet from property
boundaries.
11. Location of construction limits through the location of all critical areas, tree
protection, shorelines, and low impact development BMP's.
12. Location of outdoor tile cutting a minimum of ten (10) from property boundaries.
13. The estimated duration of outdoor tile cuffing.
14. Location of barge.
15. The estimated duration of barge use.
16. Any proposed utility service disruptions to neighboring properties.
17. The estimated duration of disrupted utility service.
15.20.060 Permit Conditions.
The construction activity permit site plan cover sheet shall contain the following conditions:
A. Work Hours.
Permitted pursuant to the Medina Municipal Code Chapter 8.06.160.
Ordinance No. 972 Page 4 of 9
2. Construction activity is prohibited prior to, or after, the allowed work hours subject
to Medina Municipal Code 8.06.160(B) Exceptions.
B. Construction Parking.
1. Construction parking is prohibited outside of the project's property boundary,
unless specifically permitted including but not limited to where signed along NE 12th
Street.
2. Construction entrance to property and on -site construction parking areas shall be
stabilized as a construction BMP.
C. Site Maintenance.
1. Permit holder shall install or maintain a visual barrier along the project's property
boundary adjacent to other properties.
2. Project site shall contain an appropriately sized covered trash container.
3. Project site shall be kept clean of trashing including but not limited to construction
debris, and food wrappers.
4. Construction materials shall be stored in a safe, secure, and orderly manner.
Noise shall not exceed the permitted limits identified in Chapter 8.06 MMC.
2. Site workers shall endeavor to limit the sound of radios and voices from traveling
across property boundaries.
3. Idling vehicles are prohibited.
E. Utility Disruption.
1. If the proposed project will disrupt utility service for any neighboring properties,
the permit holder shall provide at least seven (7) days' written notice to all affected
neighbors by delivering a City issued door -hanging flyer at each affected home that
includes the following information:
a) Contact information of the owner or agent for the permitted project which
is causing the disruption.
b) The emergency contact information including name, phone number and
email address for the utility contractor doing the work.
c) The date and duration of the service will be affected.
F. Road Closure.
Complete closure of roads is prohibited except in an emergency.
Ordinance No. 972 Page 5 of 9
G. Road Obstruction.
1. Obstruction of roads is prohibited unless the applicant receives a right-of-way
use permit pursuant to Section 10.72.040 MMC.
H. Director Discretion.
1. The Director or designee may modify the construction permit conditions meeting
the requirements within Chapter 15.20 MMC at any time if additional construction
impacts are identified or conditions change.
15.20.070 Notice and informational meeting requirements for projects at or above
$500,000.
A. Projects with a combined permit value at or above $500,000 shall comply with the
requirements of this section.
B. Projects subject to provisions of this section are required to:
Provide notice of application; and
2. Hold an informational meeting.
C. Within fourteen (14) days of a determination of a complete application, the applicant
shall provide a notice of application, pursuant to this section. The content of the notice of
application shall include the following information:
The file number assigned to the project permit.
2. The date of the determination of a complete application, and the date the notice
of application was mailed.
3. A description of the proposal.
4. A list of the requested and necessary approvals and actions required for the
proposal.
5. The location where the application can be reviewed.
6. A statement that the public comment period shall be fourteen (14) days from the
date of the notice of application.
7. The date, time, and place of the informational meeting.
8. A statement of the rights of any person to comment on the application, receive
notice of and participate in any hearings, request a copy of the decision once made and
any appeal rights.
9. Any other information determined appropriate by the city.
Ordinance No. 972 Page 6 of 9
D. The applicant shall be responsible for the notice distribution as required by this section.
No later than fourteen (14) days from the date of the determination of complete application, the
applicant shall provide to the Director an affidavit attesting that each required method of
notification was carried out in conformance with the regulations in this chapter. For required mail
notice, the applicant shall submit an affidavit confirming that the mailing was sent by first class
mail to the intended recipients consistent with the notice requirements of this section. If the
affidavit of mailing is not filed as required, any scheduled date by which the public may
comment on an application shall be postponed, if necessary, in order to allow compliance with
the notice requirements of this and other applicable chapters.
E. The notice of application shall be distributed in the following methods:
Mailed.
a) Mailed to all property owners within five hundred (500) feet of the property
boundary line, in all cardinal directions.
b) Notice mailed to persons at their known address shall be judged to have
been received by those persons if those persons and their addresses are
named in a declaration of mailing. The failure of any person to actually
receive the notice shall not invalidate any permit or approval.
c) Notice postcard forms shall be provided by the City.
2. Posted.
a) Notice boards shall be placed by the applicant in the following manner:
1. At the midpoint of each abutting street frontage of the site;
2. No more than five (5) feet inside the street property line;
3. With the top of the notice board between four (4) and five 5) feet
above grade;
4. Completely visible and accessible to both drivers and pedestrians;
and
5. In place at least fourteen (14) days prior to the date of the
informational meeting.
b) Notice boards shall be provided by the City, maintained in clean and
readable condition by the permit holder, and removed by the permit
holder within fourteen (14) days after the date of the informational
meeting.
F. The informational meeting shall:
Ordinance No. 972 Page 7 of 9
1 . Be held after the required fourteen (14) day comment period but within thirty (30)
days after the date of the determination of complete application.
2. Be held at City Hall between the hours of 5pm-8pm;
3. Be moderated by the Director; and
4. Provide an opportunity for citizens to offer public input on the applicant's
proposed construction mitigation.
15.20.080 Notice requirements for projects with construction access via a private
lane or joint -use driveway.
A. Projects at or below $499,999 that require a building permit and require construction
access via a private lane or joint -use driveway shall comply with the requirements of this
section.
B. Projects subject to provisions of this section are required to provide notice of application
to all neighbors whose primary access is via a private lane or joint -use driveway.
C. Within fourteen (14) days of a determination of a complete application, the applicant
shall provide a notice of application, pursuant to this section. The content of the notice of
application shall include the following information:
1. The file number assigned to the project permit and the contact information for the
property owner or agent.
2. The date of the determination of a complete application, and the date of the
notice of application.
3. A description of the proposal.
4. A list of the requested and necessary approvals and actions required for the
proposal.
5. The location where the application can be reviewed.
6. A statement that any comments or questions shall be directed exclusively to the
property owner or agent on file.
7. Any other information determined appropriate by the city.
D. The applicant shall be responsible for all notice distribution as required by this section.
No later than fourteen (14) days from the date of the determination of complete application, the
applicant shall provide to the Director an affidavit attesting that the required method of
notification was carried out in conformance with the regulations in this section. The construction
activity permit shall not be issued until the affidavit is filed with the City pursuant to this section.
E. The notice of application shall be distributed via a door -hanger hung on each front door,
or other primary entrance as appropriate, of all properties whose primary access is via the
private lane or joint -use driveway shared by the project site.
Ordinance No. 972 Page 8 of 9
F. The notice of application template will be provided by the City.
15.20.090 Review and Approval Procedure.
A. Construction Activities Permits shall be processed as a Type 1 decision. The Director's
decision is appealed pursuant to 20.80.220 MMC.
B. The Director shall review the application for compliance with this provision of this
chapter and other applicable ordinances and regulations as they currently exist or are hereafter
amended, and shall approve or deny the permit application in conformance with this chapter.
15.20.100 Enforcement.
Violations of any provisions of this chapter shall be subject to the enforcement provisions and
penalties set forth in Chapter 20.16 MMC and Chapter 1.15 MMC.
Ordinance No. 972 Page 9 of 9