Chapter 15.48
REQUIRED PUBLIC IMPROVEMENTS
Sections:
15.48.010 General application.
15.48.020 Right-of-way designation map adopted.
15.48.030 Location of improvements.
15.48.040 Dedication of right-of-way.
15.48.060 Incompatible improvements.
15.48.090 Utility lines and appurtenances.
15.48.100 Engineering standards.
15.48.110 Modifications, deferments and waivers – Generally.
15.48.120 Modifications – Criteria.
15.48.130 Deferment – Criteria.
15.48.140 Deferments – Concomitant agreements.
15.48.160 Property abutting multiple rights-of-way.
15.48.170 Completion of required improvements – Bonds.
15.48.180 Enforcement and penalty.
15.48.010 General application.
The issuance of any city building permit shall be conditioned upon compliance by the applicant with the provisions of this chapter, unless:
A. The cost of the proposed building improvement in any 12-month period will be less than 50 percent of the replacement cost of any building improvement that currently exists on the subject premises;
B. The applicant, or the previous owner of the property installed street improvements in the adjacent right-of-way as part of a subdivision or discretionary land use permit approved within four years prior to the present building permit application; or
C. The applicant or previous owner of the property is participating in an approved local improvement district to provide the equivalent required improvements. (Ord. 431 § 1, 1987)
15.48.020 Right-of-way designation map adopted.
That certain map entitled “Functional Classification Map,” Figure 8.0 in the Greater East Wenatchee area comprehensive plan, is adopted and incorporated herein as if set forth in full. The functional classification map shall be available for inspection at the clerk’s office at City Hall during regular City Hall business hours. When any building permit application is granted for the improvement of property abutting any right-of-way designated on the functional classification map and as described in Chapter 12.51 EWMC, and the right-of-way abutted is unimproved or partially improved, the city engineer will identify the appropriate improvements to be made to the right-of-way in accordance with the standards and requirements of the comprehensive street standards, Chapters 12.50 through 12.60 EWMC, and any amendments. The specific right-of-way improvements to be made for the designated right-of-way are generally depicted in Figures 3-7a through 3-8 in Chapter 12.60 EWMC, Figures. All streets in a commercial zoning district require a minimum five-foot landscape strip on each side of the street. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.030 Location of improvements.
Sidewalks may be located adjacent to the curb or between the landscape strip and the improved property. The utility strip may be combined with the landscape strip. Corner projects shall require the installation of wheelchair access in the sidewalk construction. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.040 Dedication of right-of-way.
In the event the right-of-way of the property to be improved is not wide enough to permit construction of the required improvements, the applicant shall dedicate that amount of the property necessary to complete the required right-of-way improvements as designated on the functional classification map. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.050 Fire hydrants.
The applicant shall install fire hydrants when required by law as directed by the Douglas County Fire District No. 2. The specific location of fire hydrants shall be approved by the city engineer and the fire marshal. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.060 Incompatible improvements.
When improvements required by this chapter will connect with existing improvements in the same right-of-way that do not conform to the requirements of this chapter, the following shall apply:
A. If the new improvements will connect with existing improvements of a greater dimension, the new improvements must be built at the greater dimension unless the city engineer determines that the dimensions of the existing improvements will be decreased in the future.
B. If the new improvements will connect with existing improvements of a lesser dimension, and the city engineer determines that the dimension of the existing improvements will not be increased in the future, the new improvement must be permanently flared or tapered to match the existing improvements.
C. If the new improvements will connect with existing improvements of a lesser dimension, and the city engineer determines that the dimension of the existing improvements will be increased in the future, the new improvements shall be installed the entire length of the abutting property and a temporary tapering shall be installed to connect the new right-of-way improvements to the existing right-of-way. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.070 Curbing.
All curbing shall comply with EWMC 12.52.040(P), and any amendments. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.080 Landscape strip.
The applicant shall plant all landscape strips with vegetation approved by the city engineer. The applicant shall execute a maintenance agreement, including a provision for irrigation of planted vegetation, in the form approved by the city engineer and said maintenance agreement shall run with the subject property and be recorded with the Douglas County auditor. All trees planted in the landscape strip must be approved as to species by the city engineer, and must be at least two inches in diameter and have a canopy that starts at least eight feet above finished grade at the time of planting as measured using the standards of the American Association of Nurserymen. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.090 Utility lines and appurtenances.
The applicant shall locate sewer lines, water mains and storm drainage lines as directed by the city engineer. Utility lines, water meters and other utility appurtenances shall be located within the utility strip, unless an alternative location is required under the circumstances and approved by the city engineer. All utility lines shall be underground. Utility appurtenances shall be below the finished grade unless otherwise allowed by the city engineer. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.100 Engineering standards.
The applicant shall comply with the comprehensive street standards, Chapters 12.50 through 12.60 EWMC, and any amendments, for all improvements in the right-of-way. These standards and specifications shall be made available to the public for inspection and copying in the clerk’s office at City Hall during regular City Hall business hours. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.110 Modifications, deferments and waivers – Generally.
The city council may grant a request for modification, deferment or waiver as defined in EWMC 15.48.120 through 15.48.160 under the conditions set forth in those sections. If the proposed development of the subject property requires approval of the city council, a request for modification, deferment or waiver will be considered as part of that process. In all other cases, the request for modification, deferment or waiver shall be made in writing to the city council, and the city council, at their next regular meeting, shall set a hearing date to consider the request no more than 30 days following the date of the regular meeting of the city council when the hearing date is set. Modifications, deferments or waivers granted are binding on the applicant, future owners of the subject premises, and the city for all building permits issued for the subject premises for the following three years. The city council shall prepare written findings and decisions resulting from any hearings held in accordance with this chapter. Also see EWMC 12.50.150(D). (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.120 Modifications – Criteria.
The city may grant a modification to the nature or extent of any required improvement as provided for in EWMC 12.50.100. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.130 Deferment – Criteria.
The city may grant a deferment for the implementation of the required improvements at a later time for any of the following reasons:
A. If the installation of the required improvements at the present time would create a serious safety hazard because compatible improvements have not yet been installed in the right-of-way fronting the neighboring property;
B. If the proper vertical or horizontal alignment for the required improvements cannot be determined because the streets from which the alignment must be determined do not have the correct alignments;
C. If constructing the required improvements in the proper vertical and horizontal alignment will cause the new improvements to function improperly or unsafely with existing connecting improvements; provided, that when the proper alignment can be determined but has not been, and the proposed development contains five or more dwelling units or 500 square feet or more of nonresidential gross floor area, the applicant shall have the necessary engineering completed for the establishment of the alignment; or
D. If the subject property is not a corner lot, and there are no existing permanent right-of-way improvements similar to the standards required by this chapter on the same side of the adjacent right-of-way within 100 feet of the subject property, and the construction of the required improvements would not provide a useful link in the transportation and storm water system. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.140 Deferments – Concomitant agreements.
In the event the city council approves a deferment, the applicant and the city must sign a concomitant agreement. The city will prepare such agreement at the applicant’s expense. The agreement shall specify that the applicant will install or reimburse the city for construction of the deferred improvements as directed by the city. The concomitant agreement shall be filed with the Douglas County auditor and run with the property. The concomitant agreement shall provide for a review of the subject property at three-year intervals and shall provide general criteria upon which the city may rely to make the necessary improvements at such later dates. Concomitant agreements shall expire 15 years after the date of execution. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.150 Waiver – Criteria.
The city council may waive the implementation of the required improvements if the city council determines that the current level and extent of the improvements in the right-of-way adjacent to the subject property are not likely to be changed in the next 15 years. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.160 Property abutting multiple rights-of-way.
If the subject premises abuts two or more rights-of-way, then applications for modifications, deferments or waivers must be considered separately for each abutted right-of-way. If the subject property is a corner lot, the highest level of improvement required must be constructed around the angle formed by the intersecting streets. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.170 Completion of required improvements – Bonds.
The applicant for a building permit must complete the improvements required by this chapter before a building permit may be issued by the city. Prior to constructing the required improvements, the applicant may request and, if all other conditions involved in the building permit process have been complied with, is entitled to written assurance from the code compliance officer that the building permit will be issued upon completion of the required improvements and receipt of written approval of the improvements by the city engineer. In the event the applicant desires to commence the building permit construction prior to the completion of the required right-of-way improvements, the applicant shall post a bond with the city in compliance with the provisions of EWMC 12.50.110, and any amendments. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)
15.48.180 Enforcement and penalty.
Any person, firm, corporation, partnership or association, or any agent of any person, firm, corporation, partnership or association, who violates any of the provisions of this chapter is subject to the following penalties: the withholding or withdrawing approval of plans, forfeiture of financial security or nonacceptance of the work by the city. Those penalties shall be pursued in accordance with the provisions of EWMC 12.50.120, and any amendments. (Ord. 10-09 § 5, 2010; Ord. 431 § 1, 1987)