Chapter 12.20
STREET SYSTEM IMPROVEMENT REQUIREMENTS
Sections
12.20.050 Street system improvements required as a condition of building permit approval.
12.20.060 All development sites shall be served by paved streets.
12.20.070 Development sites fronting unpaved street surface.
12.20.080 Development sites fronting paved street surface.
12.20.085 Special provisions, construction of one single-family residence.
12.20.110 Street system improvements assessment reimbursement agreements.
12.20.010 Title.
This chapter shall be entitled “Street System Improvement Requirements.” [Ord. 1578 § 60, 2013.]
12.20.020 Application.
This chapter shall apply to property owners constructing real property improvements unless specifically excepted by the City’s Street Development Standards, adopted by chapter 12.15 DMMC. Persons constructing real property improvements are responsible for street system improvements to the extent those street system improvements do not exist at the time of building permit application. [Ord. 1578 § 61, 2013.]
12.20.030 Purpose.
It is the intent and policy of this chapter that all persons constructing “real property improvements” on lots abutting public rights-of-way are responsible for street system improvements, constructed in accordance with the “City of Des Moines Street Development Standards,” and the provisions of this chapter, on public rights-of-way adjacent to such lots, and in limited circumstances, on public rights-of-way which connect to a paved street surface. The fundamental principle of this chapter is that the owner, developer, and/or building permit applicant for proposed real property improvements is responsible for constructing street system improvements as defined in this chapter, or paying a street system improvement fee in lieu of construction as provided for in this chapter. [Ord. 1578 § 62, 2013.]
12.20.040 Authority.
The Planning, Building and Public Works Director, subject to the authority of the City Manager or the City Manager’s designee, has the authority to require improvement as more specifically set forth in this chapter. [Ord. 1578 § 63, 2013.]
12.20.050 Street system improvements required as a condition of building permit approval.
(1) General Obligation. As a condition of building permit approval, the developer shall construct street system improvements in accordance with this chapter.
(2) Payment of Street System Improvement Fee in Lieu of Construction, Based upon Anticipated Public Development. If the Planning, Building and Public Works Director finds that a required street system improvement will be destroyed, altered or otherwise made obsolete due to development plans of the City or another governmental entity within six years, the Planning, Building and Public Works Director may require the developer make an in-lieu cash payment to the City. As determined by the Planning, Building and Public Works Director, the cash payment shall be based on the estimated cost of the improvements plus engineering and administrative costs. If the anticipated public project does not occur, the City will complete the improvements required under this chapter. [Ord. 1578 § 64, 2013.]
12.20.060 All development sites shall be served by paved streets.
All development sites shall be served by a paved street surface which connects to an existing paved street surface. [Ord. 1578 § 65, 2013.]
12.20.070 Development sites fronting unpaved street surface.
If the development site fronts an unpaved street surface, the developer is required to construct street system improvements in accordance with this section.
(1) If the distance of the development site along a connecting right-of-way from a paved street surface is not greater than two times the frontage of the development site or the frontage of the development site is greater than 150 feet, the developer shall construct complete street system improvements, as defined in chapter 12.15 DMMC, along the frontage of the development site and extending off-site to a paved street surface.
(2) If the distance of the development site along a connecting right-of-way from a paved street surface is greater than two times the frontage of the development site and the frontage of the development site is 150 feet or less, the developer shall construct street pavement, surface water drainage facilities, and curb and gutter along the right-of-way frontage of the development site and shall construct street pavement off-site to connect with a paved street surface. [Ord. 1578 § 66, 2013.]
12.20.080 Development sites fronting paved street surface.
If the development site fronts a paved street surface, the developer shall construct street system improvements along the right-of-way frontage of the development site in accordance with this section.
(1) The developer shall construct storm water facilities.
(2) The developer shall construct sidewalks if the development site fronts a sidewalk route.
(3) The developer shall construct curb, gutter, and right-of-way landscaping.
(4) If the developer is required to construct either curb, gutter, and sidewalk or solely curb and gutter, the developer is required to construct such street pavement as is necessary to provide continuity between the sidewalk, curb, and gutter or curb and gutter and the paved street surface. [Ord. 1671 § 7, 2017: Ord. 1578 § 67, 2013.]
12.20.085 Special provisions, construction of one single-family residence.
Notwithstanding “Real property improvements” defined in the provisions of DMMC 12.01.050 that exclude construction of one single-family residence from the definition of real property improvements, the developer of one single-family residence shall construct the following street system improvements as a condition of building permit approval:
(1) If the development site fronts entirely on an unpaved street surface, the developer shall construct a half-street section of street pavement along the frontage of the development site abutting the unpaved surface or, in the alternative, the property owner shall enter into an agreement with the City waiving the right of the property owner under RCW 35.43.180 to protest formation of a local improvement district for the construction of a paved street surface and surface water drainage facilities. The agreement shall specify the improvements to be financed by the district and shall set forth the effective term of the agreement, which shall not exceed 10 years. The agreement shall be recorded with the King County Auditor;
(2) If the development site is a corner lot and fronts on both a paved street surface and an unpaved street surface, the developer shall construct a half-street section of street pavement and surface water drainage facilities along the frontage of the development site abutting the unpaved street surface;
(3) If the development site is contiguous to a parcel that is served by paved street surface, the developer shall construct a half-street section of street pavement and surface water drainage facilities along the frontage of the development site abutting the existing paved street surface;
(4) Surface water drainage facilities in all cases, whether the development site fronts a paved street surface or an unpaved street surface; and
(5) If the development site fronts a paved street surface, minor edge improvements to the street pavement as required by the Planning, Building and Public Works Director. [Ord. 1578 § 68, 2013.]
12.20.090 Special provisions.
The following special provisions shall apply to additions, alterations, repairs, accessory buildings, and campus additions:
(1) In the case of real property improvements consisting of additions, alterations, or repairs to an existing structure where square footage is added to the structure, or the construction of accessory buildings as defined in Title 18 DMMC, street system improvements shall be constructed, to be selected by the Planning, Building and Public Works Director, the cost of which is not more than 10 percent of the total cost of the improvement. The Planning, Building and Public Works Director is authorized to waive construction of street system improvements if the Planning, Building and Public Works Director has made a written finding that the street system improvements required to be constructed in accordance with this section will be negligible and not in the public interest.
(2) In the case of real property improvements consisting of construction of an additional structure or structures on a private campus, such street system improvements shall be constructed, to be selected by the Planning, Building and Public Works Director, the cost of which is not more than 10 percent of the total cost of the improvement. In the case of real property improvements consisting of construction of an additional structure or structures on a campus owned by a public entity, street system improvements shall be constructed along the full frontage.
(3) In the case of corner lots or other development sites fronting more than one right-of-way, should the cost of the real property improvement be such that street system improvements would not be required on all rights-of-way fronting the development site, street system improvements shall be constructed on the right-of-way or rights-of-way selected by the Planning, Building and Public Works Director. [Ord. 1578 § 69, 2013.]
12.20.100 SEPA review.
Nothing contained in this chapter shall be construed to limit the responsible official in directing construction of additional street system improvements as mitigation measures under chapter 16.05 DMMC and the State Environmental Policy Act (SEPA) or a discretionary decision of the City Council. [Ord. 1578 § 70, 2013.]
12.20.110 Street system improvements assessment reimbursement agreements.
A developer required to construct off-site street system improvements as required by this chapter shall be entitled to reimbursement as provided in chapter 12.35 DMMC. [Ord. 1578 § 71, 2013.]
12.20.120 Appeals.
Discretionary decisions of the Planning, Building and Public Works Director made in accordance with this chapter are subject to appeal as either an appeal from administrative decisions and may be appealed to the Hearing Examiner pursuant to DMMC 18.20.150 and 18.20.160 and chapter 18.240 DMMC, or as part of the underlying application process as set forth in chapter 18.20 DMMC. [Ord. 1578 § 72, 2013.]