AN ORDINANCE relating to term permits for sustainable building features that support sustainable building practices in public places; amending the current Seattle Department of Transportation Street Use Fee Schedule, Attachment A to Ordinance 123477, as amended by Ordinances 123600, 123611, 123659, and 123485 as amended by Ordinance 123585 by adding a new term permit use to the term permit fee methodology.

WHEREAS, Section 15.04.074 of the Seattle Municipal Code authorizes and directs the Seattle Department of Transportation (SDOT) Director to prepare and recommend to the City Council, for adoption by ordinance, a schedule of permit fees applicable to all permits for the use of public places under the jurisdiction of the Seattle Department of Transportation. The fees for using the city's public places are to be commensurate with the cost of administration, review, inspection, and policing involved in issuing and continuing the permits and may take into consideration the undesirability of the use or occupation relative to the rights of the public; and

WHEREAS, by Ordinance 123485, as amended by Ordinance 123585, the City adopted a term permit schedule of fees and established a term permit fee methodology for eleven different term permit uses; and

WHEREAS, by Ordinance 123206, the City established a Living Building Pilot Program in conjunction with the International Living Building Institute's Living Building Challenge. The program recognizes developments that achieve an advanced level of sustainability by challenging building owners, architects, design professionals, engineers, and contractors to build welldesigned, environmentally-sound, and self-sustaining buildings that generate all of their own energy with renewable resources, capture and treat all of the water needed, and use resources efficiently; and

WHEREAS, the City continues to encourage and support the development of environmentally-sustainable buildings meeting the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) standards; in particular, buildings seeking to achieve Platinum certification, LEED's most stringent standard that achieves the highest level of energy efficiency; and

WHEREAS, when portions of buildings constructed to meet the Living Building Pilot Program or the LEED platinum standard are designed to use a public place for sustainable building features such as photovoltaic arrays, cisterns, or wind generators, the current term permit fee methodology does not adequately anticipate, nor provide an appropriate fee, for such features in a public place; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Street Use Permit Fee Schedule, Attachment A to Ordinance No. 123477, as amended by Ordinances 123600, 123611, 123659, and 123485 as amended by Ordinance 123585 is amended as follows:

Attachment A: Street Use Permit Fee Schedule

* Portions of sub-surface or above-grade structures, such as columns or stairwells, may be located at grade. Except for vehicle ramps, the total value of the term permit annual fee shall be calculated by adding the value of the at-grade use area to the value of the sub-surface or above-grade use area.

** In order to qualify for this term permit use code, the development must be participating in the City's Living Building Pilot Program, be capable of achieving Leadership in Energy and Environmental Design (LEED) platinum certification, or both.

Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

____________________________________

City Clerk

(Seal)

Angela Steel/Michael Jenkins SDOT Street Use Term Permit Fee Schedule Amended ORD May 18, 2012 Version #5 Form Last Revised: April 24, 2012 3