Except as specifically exempted under BIMC 15.40.060, an individual traffic impact analysis (TIA) shall be required for all proposed developments or improvements for which transportation facility improvements, dedications and/or other mitigation may be made a condition of development permit issuance or approval pursuant to this code. No permit or approval shall be granted for such proposed development or improvement until the applicant meets all requirements of this chapter. (Ord. 2014-01 § 2, 2014: Ord. 2005-07 § 2, 2005)

Repealed by Ord. 2017-21. (Amended during September 2016 update; Ord. 2014-01 § 3, 2014: Ord. 2005-07 § 2, 2005)

The TIA shall be a thorough review of the immediate and long range effects of the traffic generated by the proposed development or improvement on the city’s transportation facilities. The level of detail, specific scope of work and study area of an individual TIA shall reflect the size, type, complexity and location of each proposed development or improvement.

The TIA scope of work and study area shall be completed in conformance with the “City of Bainbridge Island, Traffic Impact Analysis, Standardized Format Requirements” document as approved by the public works director. Prior to commencement of study activities, the TIA scope of work and study area shall be submitted by the applicant or the applicant’s traffic engineer to the public works director for review and acceptance. This review will be completed and a written notice of acceptance, with or without conditions, or a notice of correction will be issued within seven business days after submittal of the proposed scope of work and study area. (Ord. 2017-21 § 10, 2017: Ord. 2014-01 § 4, 2014)

Upon receipt of the TIA, a review will be completed within 30 business days.

Upon completion of the review of the TIA, the public works director shall provide the applicant with a description of any additional study needed or any transportation facility improvements, dedications, and/or other mitigation required, as supported by the TIA. (Ord. 2017-21 § 11, 2017: Ord. 2014-01 § 5, 2014: Ord. 2005-07 § 2, 2005)

The findings and conclusions set forth in the TIA shall be deemed accurate and the required transportation facility improvements, dedications, and/or other mitigation shall be deemed as a condition of approval of the proposed development or improvement. (Ord. 2017-21 § 12, 2017: Ord. 2014-01 § 6, 2014)

Within 15 calendar days following the date the results of the director’s review of the TIA are delivered to the applicant, the applicant may object to the findings by delivering to the public works director a written objection. Following the filing of the objection, the applicant shall have 15 calendar days within which to execute an agreement to have the TIA submitted for a third-party review at the applicant’s expense. The public works director will then submit the TIA to a prequalified traffic engineer for review. This third-party review will be completed within 30 calendar days of the date the agreement is executed by the applicant and the city. If the applicant fails to deliver the required objection, or executed agreement, within the deadlines specified, such failure shall be deemed acceptance of the director’s decision and act as a bar to any further review or appeal.

The public works director shall consider the third-party review and its proposed alternative mitigation measures in reviewing the imposed transportation facility improvements, dedications and/or other mitigation. The public works director may modify such conditions or requirements as the director deems reasonable or appropriate in light of the third-party review. The public works director shall notify the applicant of the director’s decision relating to the imposed transportation facility improvements, dedications and/or other mitigation within 30 calendar days of the director’s receipt of the third-party review.

Upon receipt of the final decision of the director, if the applicant is still in disagreement with the decision, the applicant may appeal the public works director’s decision in accordance with the appeals process applicable to the particular proposed development or improvement. Such an appeal shall be included as an appeal of the underlying proposed development or improvement permit decision and shall not be considered a separate, standalone appeal. (Ord. 2017-21 § 13, 2017: Ord. 2014-01 § 7, 2014: Ord. 2005-07 § 2, 2005)

For purposes of this chapter, the term “public works director” shall include the director’s designee.

For purposes of this chapter, the city’s “transportation facilities” shall include, but are not limited to, streets, traffic signals, traffic control devices, sidewalks, bike lanes, stormwater facilities and other facilities commonly found within city rights-of-way. All TIAs required by this chapter shall consider the potential impacts to, and need for improvement to or installation of, all city transportation facilities. (Ord. 2014-01 § 8, 2014: Ord. 2005-07 § 2, 2005)

The requirements of BIMC 15.40.010 through 15.40.050 shall not be required for a proposed development or improvement that conforms with BIMC 15.32.030.B. (Ord. 2017-21 § 14, 2017: Ord. 2014-01 § 9, 2014: Ord. 2005-07 § 2, 2005)