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For the purpose of this chapter and all of BMC Title 17, the terms, phrases, words and their derivations have the following definitions. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory. The word “may” is permissive. The public works director shall have the authority to resolve questions of interpretation or conflicts between definitions.

1. “ADT” means average daily traffic. It generally refers to the total volume of traffic passing a point or segment of a roadway facility in both directions on an average day.

2. “Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below locally established minimum.

3. “Affected corridor” means any corridor within the city which has been identified for analysis by the director and to which the proposal is projected to add 10 or more total peak hour trips.

4. “Applicant” means the person(s) submitting both an application for a concurrency encumbrance letter and the project permit application that meets the requirements of BMC 11.06.002.

5. “Approving authority” means the city employee, agency, or official having authority to issue the approval or permit for the development involved.

6. “Apron” means the portion of the driveway approach extending from the gutter flow line to the sidewalk section and lying between the end slopes of the driveway approach.

7. “Available public facilities” means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation facilities, the specified time is six years.

8. “Bicycle facilities (or bike facilities)” means improvements and provisions to accommodate or encourage bicycling, including but not limited to parking and storage facilities, bicycle lanes, shared use paths, and shared roadways not specifically designated for bicycle use.

9. “Bicycle lane (or bike lane)” means a portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicyclists (previously referred to as a Class II bicycle facility).

10. “Bicycle path (or bicycle trail)” means a shared use path as defined in this section.

11. “Built-out year conditions” means the volume of traffic that is projected to occur on the roadway system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic and the anticipated traffic from all proposals for which capacity has been committed, encumbered, or reserved, under the provisions of this chapter.

12. “Calculated LOS” means a calculation that includes existing traffic, the traffic anticipated to be generated by previously approved developments as determined by actual land development information (if available) or growth rates based on land development information and the anticipated traffic from the subject development and other proposed developments.

13. “Capacity” means the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as daily attendance or average daily trip ends.

14. “Capacity, available” means capacity which can be encumbered, reserved, or committed to future users, expressed in an appropriate unit of measure, such as daily attendance or average daily trip ends.

15. “Capacity, committed” means capacity which has been committed to specific projects, such as developments of regional impact, projects in capital improvement program, etc.

16. “Capacity, encumbered” means capacity which has been removed from the available capacity bank through the issuance of a concurrency encumbrance letter.

17. “Capacity, reserved” means capacity which has been removed from the available or encumbered capacity bank and allocated to a particular property for a set period of time.

18. “Capacity, used” means capacity which is being used by existing residents and developments.

19. “Capacity, vested” means capacity which has been withdrawn from the available capacity bank through issuance of a vesting determination.

20. “City engineer” means the public works director or designee as appointed by the city manager. In the event the public works director is not a professional engineer registered in the state of Washington, then the city engineer shall be a designee of the public works director.

21. “Collector” means a functional class of roadway which connects minor and principal arterials to neighborhoods. They are intended to be the lowest level classification for an arterial and are not intended to provide through connections except between neighborhoods. Truck through traffic on residential local access streets and collectors is not allowed where alternative arterials exist. This prohibition does not include trucks making deliveries to residences.

22. “Concurrency” means that public facilities or services are in place at the time of development or that a financial commitment is in place to complete the public facilities or services within six years from the time of development.

23. “Concurrency encumbrance letter” means a letter issued by the city upon finding that adequate capacity for each public facility is available and has been encumbered for 120 days.

24. “Concurrency evaluation” means the evaluation by the director based on adopted LOS standards to ensure that concurrency requirements are met.

25. “Control zone” means the roadway area as defined by the “Control Zone Distance Table” within the highway and roadway right-of-way in which placement of utilities or facilities is controlled.

26. “Corridor” means the roadway segments and intersections identified in the transportation element of the city’s comprehensive plan that are subject to concurrency requirements. In general, these corridors include the city’s key principal and minor arterials that run along primarily high-density residential or commercial areas. For concurrency evaluation purposes, the LOS for a corridor will be based upon a weighted average of delay for the individual intersections within the corridor.

27. “Curb return” means the curved portion of a street curb at street intersections or curved portion of a curb in the end slopes of a driveway approach.

28. “Current year” means the year in which the application is analyzed pursuant to State Environmental Policy Act (SEPA) requirements.

29. “Development activity” means any construction or expansion of a building, or structure, or use, or any changes in the use of land, that creates additional demand and need for public facilities.

30. “Development approval” means any written authorization from the city which authorizes the commencement of development activity.

31. “Development trips” means the total number of new trips generated by the development. This number can be represented as either daily trips or weekday peak hour trips.

32. “Direct traffic impact” means any new increase in vehicle traffic or increase in vehicle traffic generated by a proposed development which equals or exceeds 10 peak hour trips on any corridor.

33. “Director” means the director of the public works department of the city of Bothell or the director’s designee.

34. “Driveway” means an area on private property where automobiles and other vehicles are operated or allowed to park.

35. “Driveway approach” means an area, construction or improvement between the roadway and private property intended to provide access for vehicles from the roadway to a definite area of the private property, such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or curb return, and the sidewalk section.

36. “End slopes” means the portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return, together with the area between the projected tangents of the curb return.

37. “Excavation work” means the excavation and other work permitted under a grading permit and required to be performed under this title.

38. “Facilities, electrical” means all poles; electrical, telephone, etc. (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto, whether the same be located over or underground.

39. “Financial commitment” means that sources of public or private funds or combinations thereof have been identified which shall be sufficient to finance public facilities necessary to support development and that there is reasonable assurance that such funds shall be timely put to that end.

40. “Fire access road” means that portion of the fire department access to areas or structures which is required by the provisions of the most current adopted version of the IFC. This type of access may be provided to almost any type of property.

41. “Fire lane” means that portion of the fire department access to areas or structures which is required by the provisions of BMC 20.08.040. Generally, this access is in larger complexes and constitutes continuous loops around buildings or complexes with restrictions to parking.

42. “Frontage” means that boundary of private property abutting the city street line or private street.

43. “Frontage improvement” means those improvements required to be constructed within existing or dedicated street right-of-way or along a private street according to permit conditions established by the city for project development. Generally frontage improvements may include, but not be limited to, clearing, grading, subgrade preparation, pavements, curbs, gutters, vegetation-based LID BMPs such as bioretention facilities, sidewalks, landscaping, signage, lighting, mailboxes, storm drainage, sanitary sewer, water, electrical, gas, telephone and cable television utilities. Additional improvements to be located within adjacent easements may be required in addition to frontage improvements.

44. “Functional class (or functional classification)” means a transportation facility defined by the traffic service it provides.

45. “Impact fee (or transportation impact fee)” means a payment of money imposed upon development approval to pay for public streets and roads needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public streets and roads, that is a proportionate share of the cost of the public streets and roads, and that is used for public streets and roads that reasonably benefit the new development. “Impact fee” does not include a reasonable permit or application fee otherwise established by city council resolution.

46. “Inadequate road condition” means any road condition, whether existing on the road system or created by a new development’s access, which jeopardizes the safety of road users, including non-automotive users, due to substandard sight distance, substandard geometric alignment, substandard roadway cross-section or insufficient traffic control as determined by applicable city design standards and specifications as defined in the Bothell Standards.

47. “Level of service (LOS)” means a qualitative measure describing operational conditions for a given roadway or intersection. LOS is typically described with alphabetical representations of “A” through “F” as defined in the latest version of the Highway Capacity Manual (HCM). In general, LOS A represents little or no congestion and delay while LOS F represents congested conditions with long delays.

48. “Maintenance bond” means a surety device provided by a permittee, in a form approved by the city attorney, to the city as a guarantee that the work including materials, equipment and facilities are guaranteed free from defect, poor workmanship or quality, completed according to the approved plans and shall be properly maintained by the permittee during the prescribed maintenance period.

49. “Minor arterial street” means a functional class of roadway which generally provides through connections between employment centers, commercial areas, residential areas and principal arterials. They may interconnect other jurisdictions with employment centers and commercial areas in Bothell and are generally designed for slower traffic and fewer vehicles than for principal arterials.

50. “Neighborhood or local access street” means a functional class of roadway which provides direct access to residences. These streets are not included in the arterial system. Neighborhood access streets connect the arterial system to the driveways and parking areas for individual residences.

51. “Off-site road improvement” means improvement, except a frontage improvement, to an existing or proposed city road outside the boundaries of a development, which improvement is required or recommended in accordance with this title.

52. “Owner” means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser is considered the owner of the real property if the contract is recorded.

53. “Peak hour” means the hour during the morning or afternoon which experiences the worst traffic level for a particular roadway or intersection.

54. “Pedestrian facilities” means improvements and provisions to accommodate or encourage walking, including but not limited to sidewalks, walkways, and shared use paths.

55. “Performance bond” means a surety device provided by a permittee in a form approved by the city attorney, to the city of Bothell as a guarantee that the approved work shall be completed according to the approved plans within the allowable time period.

56. “Permissible alternative” means alternative methods, procedures or materials which differ from the Bothell Standards and/or development regulations which results in a system function equal to or better than the original standard accomplishing the same purpose. Permissible alternatives are characterized as modifications which are in the public interest, are based upon sound engineering judgement, and that meet requirements for safety, function, appearance and maintainability.

57. “Principal arterial street” means a functional class of roadway which accommodates mostly through traffic and interconnects jurisdictional, employment centers, commercial areas and the regional freeway network. They are generally designed for heavier vehicles and the speed limit is generally higher than on other streets. Principal arterials are intended to be the truck routes through Bothell.

58. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development project that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan approved by the city council shall be considered a project improvement.

59. “Proportionate share” means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.

60. “Rate study” means the Transportation Impact Fee Rate Study, City of Bothell, by Fehr and Peers, dated 2019, or most current adopted rate study or evaluation.

61. “Right-of-way” means the land, property, or interest therein acquired for or devoted to transportation purposes.

62. “Roadway (or roadway facilities)” means a public way for purposes of vehicular and nonmotorized travel. It is intended to be used as a generic term to describe streets, arterials, and highways.

63. “Service area” means a geographic area defined by ordinance or intergovernmental agreement in which a defined set of public streets and roads provide service to the development within the area.

64. “Shared roadway” means a roadway which is open to both motor vehicle and bicycle travel. This may be an existing roadway, street with wide curb lanes, or road with paved shoulders.

65. “Shared use path” means a path or way which is physically separated from motorized vehicular traffic by an open space or barrier and is either within the highway right-of-way or within an independent right-of-way (previously referred to as a Class I bicycle facility). Shared use paths may also be used by pedestrians, skaters, wheelchair users, joggers, and other nonmotorized users.

66. “Shoulder” means a portion of the roadway contiguous with the traveled way that accommodates stopped vehicles, emergency use, and lateral support of subbase, base, and surface course. In some cases, the shoulder can accommodate bicycle travel.

67. “Sidewalk” means a portion of a street or highway right-of-way designed for preferential or exclusive use by pedestrians. A sidewalk is typically constructed of concrete, raised a few inches above the level of the adjacent roadway, and separated from the roadway by a curb and gutter.

68. “Sidewalk section” means the portion of the driveway approach lying between the back edge of the sidewalk and the apron, plus the end slopes measured at the front edge of the sidewalk.

69. “Sight distance triangle” means the unobstructed line of sight along both approaches of both roads at an intersection, and across their included corners for a distance sufficient to allow the operators of both vehicles, approaching simultaneously, to see each other in time to prevent a collision.

70. “Signed shared roadway” means a shared roadway which has been designated by signing as a preferred route for bicycle use (previously referred to as a Class III bicycle facility).

71. “Standards” means the adopted Bothell Design and Construction Standards and Specifications (Bothell Standards).

72. “System improvements” means public facilities that are included in the capital facilities plan and are designed to provide service areas within the community at large, in contrast to project improvements.

73. “Total project cost” means the total cost of a transportation project. The total cost includes the costs associated with all project phases, including pre-design, design, right-of-way acquisition, and construction.

74. “Total traffic volume” means the total number of trips traveling on or through the project, including the new development generated trips. This can be either daily or weekday peak hour trips. The time period must be consistent with the time period used for the number of development trips (i.e., daily volumes to daily volumes or PM peak volumes to PM peak volumes).

75. “Traffic engineer” means the public works director or designee for the city of Bothell.

76. “Traffic impact analysis (TIA)” means a study prepared by an engineer licensed in the state of Washington according to the format and content established in the adopted Bothell Standards. The TIA is intended to address the traffic-related issues and concerns related to a given development.

77. “Transportation demand management (TDM) strategies” means actions aimed at changing travel behavior rather than expanding the transportation network in order to meet travel demand. In general, TDM strategies focus on reducing single-occupant vehicle (SOV) trips during peak commute periods or shifting SOV trips to less congested time periods.

78. “Transportation improvement program (TIP)” means the comprehensive transportation program required under RCW 35.77.010. The TIP must be revised or updated on an annual basis. In general, the TIP serves as a short-range planning document that identifies funded, partially funded, and unfunded transportation projects that are planned or needed over the next six calendar years.

79. “Transportation system management (TSM) strategies” means actions to increase the capacity of the transportation network through improved management and operation of the roadway. In general, TSM strategies focus on improving the efficiency of existing transportation facilities.

80. “Use, street” means to construct, erect or maintain in, on, over or under any public place, any building, structure, scaffolding, etc. or to otherwise use or to occupy or in any way obstruct any public parking strip, sidewalk or roadway within the city.

81. “Walkway” means a portion of a street or highway right-of-way designed for preferential or exclusive use by pedestrians. A walkway is typically constructed of asphalt, located at the same level of the adjacent roadway, and separated from the roadway by a curb, ditch, or other barrier. (Ord. 2348 § 14, 2021; Ord. 2200 § 2 (Exh. B), 2016; Ord. 2014 § 1 (Exh. A), 2009; Ord. 1946 § 4, 2005; Ord. 1654 § 1, 1996; Ord. 1633 § 1, 1996).