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ORD 23-946 - Relating to Weight and Load RegulationsORDINANCE NO.23-946 AN ORDINANCE of the City of Federal Way, Washington, relating to Weight and Load Regulations; amending FWRC 8.40.030 Designated vehicle routes; and adding a new Chapter 8.43 FWRC, Weight and Load Regulations, including sections 8.43.010, 8.43.020, and 8.43.030. (Amending Ordinance Nos. 00-365, 91-103, and Resolution No. 09-539). WHEREAS under Chapter 8.40 of Federal Way Revised Code ("FWRC"), the City of Federal Way ("City") has designated certain truck haul routes within the City, and restricted all other streets within the City to allow only vehicles under 30,000 pounds gross weight, with certain exceptions for local deliveries; and WHEREAS the City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years; and WHEREAS many of these oversized and overweight vehicle loads do not travel along the City's designated truck haul routes; and WHEREAS the City desires to minimize the wear and damage upon the City streets and infrastructure by haulers planning and assessing proposed routes; and WHEREAS the City desires to work cooperatively with haulers and assess risk and damage upon the legally responsible parry; and WHEREAS under Chapter 46.44 RCW, cities are authorized, with respect to public highways under their jurisdiction, to require and authorize a special permit for operation of vehicles exceeding the statutory size, weight, and/or load maximums established in said chapter; and WHEREAS the FWRC does not currently detail the mechanism for obtaining such a special permit, or the associated provisions, standards, and enforcement with respect to such special permit; Ordinance No. 23-946 Page I of 5 and WHEREAS the City desires to explicitly codify the special permit requirement and all associated provisions, standards, and enforcement, in order to provide clarity to regulated haulers and to improve permitting consistency and efficiency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: .Section 1. FWRC 8.40.030 is hereby amended as follows: (1) The public works director shall erect, or cause to be erected and maintained, signs designating the following public highway, streets and thoroughfares within the city as vehicle routes for all vehicles . rated in excess of 30,000 pounds gross weight (gw) as defined by RCW 46.16.111, which is adopted by this reference: (a) State Route 5, Interstate Highway 5; (b) State Route 18, State Route 99 to State Route 5; (c) State Route 99, Pacific Highway South; (d) State Route 16.1, Enchanted Parkway; (e) State Route 509, Dash Point Road; (f) South 320th Street, State Route 99 to State Route 5; (g) 16th Avenue South, State Route 99 to State Route 18; (h) Milton Road South, State Route 161 to South 369th Street; (i) South 356th Street, State Route 99 to State Route 161. (2) All other streets within the limits of the city shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in FWRC 8.40.040, or as authorized by special Ordinance No. 23-946 Page 2 of 5 permit under Chapter 8.43 FWRC. Section 2. Chapter 8.43, Weight and Load Regulations, of the Federal Way Revised Code is hereby added to Title 8, Traffic and Vehicles, to read as follows: 8.43.010 Purpose. The purpose of this chapter is to establish a special permit requirement pursuant to RCW 46.44.090 for oversized or overweight loads in the City, with associated provisions, standards, and enforcement. 8.43.020 Special permits for oversize or overweight movements. (1) Permit required. No vehicle of a size, weight, or load exceeding the restrictions set forth in RCW 46.44.OM 46.44.030, 46.44.034, or 46.44.041, as the same now exist or may hereafter be amended. nna operate or move upon city streets without a special pegnit as provided in this section. In addition and not by wa of limitation, no vehicle rated in excess of 30.000 pounds gross weight ma operate or move upon city streets without a special permit as provided in this section, unless such vehicle is operating and moving exclusively on designated truck routes pursuant to FWRC 8.40.030(l), or is exempt from the designated truck route restriction under FWRC 8.40.040(1). (2)14nnlication, iss lance, compliance. The public works director, may, upon written application, issue a special pernlit electronically or in writing authorizing the applicant to operate or move upon such city streets as the public works director deems suitable and capable of withstanding such increased load without undue injury to the street. The applicant shall comply with all rules, regulations, terms, and conditions of the special permit. (3) License required No special permit for an overweight vehicle or combination of vehicles shall be issued to any vehicle or combination of Vehicles unless such vehicle or combination or vehicles is Ordinance No. 23-946 Page 3 of 5 licensed for the maximum aross weight allowed by law. (4) Fees_ Special permit fees, including any associated route inspection fees prior to and/or after haul, shall be assessed and collected by the city as set forth in the applicable section of the current fee schedule_ (5j Suspension or rei,occation of permit. if the public works director determines that a vehicle or a combination of vehicles is operating in violation of the conditions of a permit issued under this chapter, the -ublic works director may suspend or revoke the permit in writing for a period not to exceed one year. The pen -nit holder may file a request for review of the public director's decision to suspend or revoke the permit in writing on the form provided by the city within 14 calendar days of the public works director's written notice of the suspension or revocation. The failure to timely file such a request shall constitute a final bar to later seek such review. No administrative fee will be imposed for the request, and the director of public works shall issue their determination in writing. 8.43.030 State statutes adopted. RC W 46.44.095 and RCW 46.44.105 as the same now exist or are hereinafter amended, are ado Led by reference. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 23-946 Page 4 of S Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of January, 2023. CITY OF FEDERAL WAY: Owva. MIM o ri ATTEST: 4P.6w— &A5�t SiVPAANIE COURTNE , C C, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CIT ORNEY FILED WITH THE CITY CLERK: 12/28/2022 PASSED BY THE CITY COUNCIL: 01/17/2023 PUBLISHED: 01 /20/2023 EFFECTIVE DATE: 02/19/2023 ORDINANCE NO.: 23-946 Ordinance No. 23-946 Page 5 of 5