Chapter 19.70 Adequacy of Public Facilities and Services

Chapter 19.70
Adequacy of Public Facilities and Services

19.70.010 Purpose.

The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the public facilities and services planning goal of the Washington State Growth Management Act of 1990 by:

1. Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision prior to development;

2. Allocating the cost of those facilities and services fairly; and

3. Providing a general framework for relating development standards and other requirements of this code to:

A. Adopted service level standards for public facilities and services;

B. Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and

C. The review of development permit applications. [Ord. 545 § 1, 2010, Ord. 28 § 1(510), 1993]

19.70.020 General Requirements.

1. All new development proposals including any use, activity, or structure allowed by Chapter 19.15 BMC that requires the city of Burien approval shall be adequately served by the following facilities and services prior to the time of occupancy, plat recording, or other land use approval, as further specified in this chapter:

A. Sewage disposal;

B. Water supply;

C. Surface water management;

D. Roads and access;

E. Fire protection service; and

F. Schools.

2. Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the city shall consider the revised proposal as a new development proposal. [Ord. 545 § 1, 2010, Ord. 269 § 20, 1999; Ord. 28 § 1(511), 1993]

19.70.030 Adequate Sewage Disposal.

All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows:

1. A public sewage disposal system is adequate for a development proposal provided that:

A. For the issuance of a building permit, preliminary plat approval or other land use approval the site of the proposed development is served by an existing disposal system consistent with the Sewerage General Plan, and the disposal system has been approved by the department as being consistent with applicable state and local design and operating guidelines;

B. For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection (1)(a) of this section is installed to serve each building or lot;

C. For recording a final plat, final short plat or binding site plan the approved public sewage disposal system set forth in subsection 1.A of this section shall be installed to serve each lot respectively; or a bond or similar security shall be deposited with the city of Burien for the future installation of an adequate sewage disposal system. The bond may be assigned to a purveyor to assure the construction of such facilities within two years of recording; and

2. A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of the department of public health as to lot size, soils, and system design prior to issuance of a certificate of occupancy for a building or change of use permit. [Ord. 545 § 1, 2010, Ord. 28 § 1(512), 1993]

19.70.040 Adequate Water Supply.

All new development shall be served by an adequate public or private water supply system as follows:

1. A public water system is adequate for a development proposal provided that:

A. For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant must demonstrate that the existing water supply system serving the site:

i. Complies with the applicable planning, operating and design requirements of Chapter 246-290 WAC; Chapters 14.42 and 14.44 KCC and KCC Title 17; Coordinated Water System Plans; KCC Title 12, KCC Title 13 and other applicable provisions of the rules and regulations of the King

County board of health; and any limitation or condition imposed by the city-approved comprehensive plan of the water purveyor; and

ii. The proposed improvements to an existing water system have been reviewed by the department and determined to comply with the design standards and conditions specified in paragraph A of this subsection; or

iii. A proposed new water supply system has been reviewed by the department and determined to comply with the design standards and conditions specified in paragraph A of this subsection;

B. Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements set forth in subsection 1.A of this section shall be installed to serve each building or lot respectively; and

C. For recording a final plat, final short plat or binding site plan, either the approved public water supply system or system improvements set forth in subsection 1.A of this section shall be installed to serve each lot or a bond or similar security shall be deposited with the city of Burien and may be assigned to a purveyor to assure the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of recording; and

2. An on-site, individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued if:

A. The buildings or lots to be served are located outside of a city approved water purveyor service area; or

B. The water purveyor has indicated that service cannot be provided in compliance with the purveyor’s approved comprehensive plan; and

C. The Seattle-King County department of public health has approved the proposed method of water supply in accordance with the applicable King County board of health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the department and the Seattle-King County department of public health that a private individual water system will be adequate. The Seattle-King County department of public health may require installation of private individual water systems prior to final approval of a plat or short plat where information is insufficient to show an adequate water supply can be made available. [Ord. 545 § 1, 2010, Ord. 28 § 1(513), 1993]

19.70.050 Surface Water Management.

All new development shall be served by an adequate surface water management system as follows:

1. The proposed system is adequate if the development proposal site is served by a surface water management system approved by the Public Works department as being consistent with the design, operating and procedural requirements of the Surface Water Design Manual and BMC Title 13;

2. A variance request from the requirements of BMC Title 13 shall be reviewed as set forth in BMC Title 13 and does not require a variance from this title. [Ord. 545 § 1, 2010, Ord. 269 § 21, 1999; Ord. 28 § 1(514), 1993]

19.70.060 Adequate Roads.

1. All new development shall be served by adequate roads. Roads are adequate if the development’s traffic impacts on surrounding public roads are acceptable under the level-of-service standards as stated in this section and the compliance procedures established in BMC 19.70.070 and 19.70.080.

2. The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use.

3. A variance request from BMC Title 12 shall be reviewed as set forth in BMC Title 12 and does not require a variance from this title. [Ord. 545 § 1, 2010, Ord. 269 § 22, 1999; Ord. 28 § 1(515), 1993]

19.70.070 Adequate Roads – Road Capacity Level of Service (“LOS”) Standard.

The following calculated level-of-service standards shall be considered adequate and shall apply to all public roads:

1. LOS standard D for designated vehicle priority roadways;

2. LOS standard E for downtown Burien streets;

3. LOS C for all other roadway facilities and services; LOS standard D for the intersection of SW 128th Street and Ambaum Boulevard SW;

4. As mandated by state law, the city of Burien adopts LOS “D” for SR-509 and SR-518 (highways of statewide significance) and an LOS of “E/mitigated” for the segment of SR-509 from First Avenue South to the Burien city limits (highway of regional significance), or whichever LOS is currently adopted by the Washington State Department of Transportation. [Ord. 560 § 1 (Exh. A), 2012; Ord. 545 § 1, 2010, Ord. 431 § 1, 2005; Ord. 28 § 1(516), 1993]

19.70.080 Adequate Roads – Applicability of Capacity Standard.

The road adequacy standards as stated in BMC 19.70.070 shall apply to all public county, city or state roads, other than freeways; provided, that no improvements to state roads shall be required unless the state requests such improvements and there is an agreement between the state, city and applicant. [Ord. 545 § 1, 2010, Ord. 431 § 1, 2005; Ord. 28 § 1(517), 1993]

19.70.090 Adequate Roads – General Conditions.

1. A development proposal which will have a direct traffic impact on a roadway or intersection which results in a calculated level of service worse than set forth in BMC 19.70.070 shall not be approved unless:

A. All transportation facilities are adequate at the time of development and transportation impacts will not negatively impact or reduce LOS elsewhere in the city; or

B. Funding is in place to complete the necessary improvements or strategies to accommodate transportation impacts within six years. Improvements are considered funded only when:

i. Incorporated into the adopted city budget, or

ii. Upon grant agreement, or

iii. The applicant agrees to fund needed improvements, or

iv. Upon a legally enforceable mechanism, such as a local improvement district, or

v. Some combination of the above; or

C. The applicant phases the project or uses transportation demand management (“TDM”) techniques to reduce the number of peak hour trips generated by the project to attain the LOS required in BMC 19.70.070 or better; or

D. The city of Burien has established a date for final approval of subdivisions to become effective corresponding with the anticipated date of award of a construction contract for county, city, or state improvements needed to provide LOS D or better, or when the calculated nonproject LOS is E or F, to provide LOS E or better; provided such effective approval date may be established only when the anticipated date of award of construction contract is within 12 months of final approval; or

E. The roadway or intersection has already been improved to its ultimate roadway section and the applicant agrees to use TDM incentives and/or phase the development proposal as determined by the city of Burien.

2. Developments proposed which will have a direct impact on city traffic facilities or designated areas pursuant to BMC 19.70.080 may attain the LOS specified in the adopted interlocal agreements rather than meeting BMC 19.70.070. [Ord. 545 § 1, 2010, Ord. 431 § 1, 2005; Ord. 28 § 1(518), 1993]

19.70.100 Adequate Vehicular Access.

All new development shall be served by adequate vehicular access as follows:

1. The property upon which the development proposed is to be located has direct access to:

A. A public or private street that meets city road standards or is formally declared acceptable by the city road engineer; or

B. The property has access to such a street over a private driveway approved by the city;

2. The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the city road engineer; and

3. Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established, shall establish safe access as follows:

A. Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in BMC 19.20;

B. Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g., fire protection, emergency medical service, mail delivery or trash collection); and

C. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the city of Burien, to all required off-street parking spaces on the premises. [Ord. 545 § 1, 2010, Ord. 28 § 1(521), 1993]

19.70.110 Adequate Fire Protection.

All new development shall be served by adequate fire protection as set forth below:

1. The site of the development proposed is served by a water supply system that provides at least minimum fire flow and a road system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by the fire code and International Codes, building and construction standards;

2. A variance request from the requirements established by the fire code, shall be reviewed as set forth in the fire code and does not require a variance from this title. [Ord. 545 § 1, 2010, Ord. 28 § 1(522), 1993]