Chapter 13.68
STREET CONSTRUCTION AND PRIVATE CONSTRUCTION
Sections:
13.68.040 Design standards/grades.
13.68.060 Issuance of building permit.
13.68.010 Definitions.
For the purpose of this chapter the following definitions shall apply:
A. “Alley” means the minor portion of the public road network not designed for general travel and used primarily as means of access to the rear of residences and business establishments.
B. “Alley improvement” means the drainage, grading and pavement facilities required to improve the alley to city design standards.
C. “City engineer” means the person appointed by the mayor to position of engineering department head, or his designee.
D. “Right-of-way” means the public property used or reserved for municipal purposes including all public utilities and street usages.
E. “Street” means all or any portion of the city public road network open to the public for travel with exception of alleys and limited access highways designated as State Highways.
F. “Street improvements” means the installation of all public facilities required to improve the street to city design standards including grading, drainage, pavement, curb/gutter, sidewalk, street lights, traffic signals and other necessary appurtenances. Such street improvements shall not be limited to the half street abutting the property; for example, where no permanent street improvement existed, the street improvement shall be extended beyond the centerline a sufficient distance (ten feet minimum) to permit safe movement of traffic.
G. “Interim street improvements” means the installation of improvements to bring the public facility up to the existing character of the surrounding streets and pedestrian facilities and may include widening of or installation of the asphalt street surface, gravel shoulder, temporary drainage facilities and in case of alleys, an all weather gravel driving surface. (Ord. 665-80 § 1, 1980; Ord. 555-78 § 1, 1978)
13.68.020 Applicability.
No building permit shall be issued by the city for construction of any new building or facility of any kind or description, or in connection with any additions, alterations, or repairs within any twelve-month period which exceeds fifty percent of the current market value of an existing building or facility on the property, unless or until the public streets and alleys upon which the same abuts shall be improved at the owner(s) expense in accordance with the following requirements:
A. All business, commercial, industrial, and multiple-family residential (five units or more) land uses, shall be required to construct street and/or alley improvements together with all necessary appurtenances; provided, that if in the discretion of the city engineer any of the following conditions are found to exist, the city engineer may allow the property owner to provide interim improvements as defined in subsection C of Section 13.68.010, or to deviate from the requirements of this chapter:
1. Where a proposed development is subject to the environmental review process pursuant to the State Environmental Policy Act (SEPA) and Ordinance No. 582-79 as amended, and conditions have been imposed through the environmental review process which are intended to alter, supplement or replace the requirements of this chapter;
2. Where a proposed development is determined to be exempt from the requirements of the State Environment Policy Act and Ordinance No. 582-79 as amended, and where the city engineer determines that ultimate improvements are not desirable at the present time due to existing severe horizontal or severe vertical grade alignment problems;
3. Where the city engineer is satisfied that adequate improvements exist except for nominal lacking of street width;
4. Where plans for more comprehensive improvements exist which would alter the ultimate improvements required to be constructed on the public right-of-way abutting the proposed development site.
In every case where interim improvements are allowed, the property owner is required to provide a recorded covenant power of attorney to the city (hereinafter referred to as “LID covenant”) in support of a petition local improvement district for construction of street and alley improvements, together with all necessary appurtenances. Forms for the LID covenant shall be provided by the city and approved by the city attorney.
B. Residential uses, up to and including single-family, duplexes, triplexes and fourplexes:
1. Where, in the opinion of the city engineer, the existing street and alley improvements can adequately serve the property in the short term future, in accordance with the published Administrative Guidelines the requirements shall be to provide a recorded LID covenant for a local improvement district for construction of street and alley improvements together with all necessary appurtenances;
2. Where, in the opinion of the city engineer, the existing street and/or alley improvements are inadequate or no public street and/or alley improvements exist:
a. Where ultimate improvements are, in the opinion of the city engineer, using reasonable engineering judgment not desirable, or, in the case of known plans for more comprehensive improvements, encompassing the public right-of-way abutting the site, the city engineer may allow that the property owner shall provide a recorded LID covenant, for a local improvement district for construction of street and alley improvements together with all necessary appurtenances,
b. In all other cases of inadequate improvements or no public street or alley improvements, full street and/or alley improvements shall be required;
3. Provided, however, the addition of a residential garage or carport shall be exempt from requirements of this chapter when such construction is an addition to an existing residential use, up to and including single-family, duplexes, triplexes, and fourplexes.
C. All owners of properties shall dedicate additional rights-of-way as necessary to complete the required street improvements in accordance with city standards; provided, however, that the developer shall still be required to meet the appropriate setback requirements as well as all other applicable performance standards.
D. All improvements required above shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for drainage, vehicular and pedestrian traffic.
E. For residential uses, up to and including single-family, duplexes, triplexes and fourplexes, a neighborhood residential street shall be considered adequate as long as the existing character of the surrounding streets and pedestrian facilities consist of an eighteen foot asphalt surface and a three foot shoulder beyond the hard surface street section. On arterial and high volume residential streets, a six foot shoulder shall be deemed as adequate, except where school or neighborhood pedestrian routes exist or are anticipated, sidewalks shall be installed. (Ord. 793-81 § 1, 1981; Ord. 665-80 § 2, 1980; Ord. 555-78 § 2, 1978)
13.68.030 Administration.
The authorized administrator of this chapter shall be the city engineer, and he is delegated the administrative responsibilities contained in this chapter. (Ord. 555-78 § 3, 1978)
13.68.040 Design standards/grades.
A. All street and alley improvements shall be to city design standards and approved by the city engineer.
B. The city engineer shall utilize the uniform geometric standards for the design of city streets as per RCW 35.78.020—040 (Draft Copy from Washington State Department of Transportation dated September 18, 1978, and subsequent versions), the American Public Works Association Standard Construction Specifications (current edition) together with such other standard he may adopt and publish.
C. In addition, design standards and street improvement requirements of specific application to certain streets, locations or neighborhoods may be further designated or defined by ordinance or resolution.
D. The city engineer shall furnish control elevations for final grades of required improvements. (Ord. 555-78 § 4, 1978)
13.68.050 Construction.
All street and alley improvement plans shall be prepared by a licensed engineer on twenty-four inch by thirty-six inch size mylar reproducible paper for approval by the city engineer prior to starting construction. All construction work shall be inspected by the city engineer, or his representative. Upon completion of construction, the city engineer is authorized to accept such improvement and/or any right-of-way dedication required herein on behalf of the city. (Ord. 555-78 § 5, 1978)
13.68.060 Issuance of building permit.
No new building permit shall be issued until all street and alley improvements are completed and accepted by the city engineer; provided, however, upon proper application to the building department, the city engineer may authorize issuance of a building permit upon delivery of a performance bond, cash deposit, or equivalent guarantee for one hundred twenty percent of the city engineer’s estimated cost of the improvements to the public right-of-way, in order that such improvements could and would be installed at the expense of the building permit applicant or assigns upon the right-of-way within a reasonable time after notice so to do shall be given by the city. (Ord. 555-78 § 6, 1978)
13.68.070 Variance procedure.
A. Any applicant or department of the city may request a special exception to the hearing examiner from any provision of this chapter. Such request by applicant shall be filed in writing with the city engineer and secretary of the hearing examiner. Such requests must be made in writing to the city engineer within thirty days from the date on which the city engineer presents the applicant with his final decision in writing. There shall be a nonrefundable fee of fifty dollars paid to the city treasurer to cover the city’s cost of handling the request for special exception, except that a department of the city is exempt from the fee. The hearing examiner shall consider the proposed variance within thirty days after the city engineer receives the request.
B. The hearing examiner is authorized to grant, in writing, variances from the regulations and requirements of this chapter, providing it is first determined that all of the following conditions are present:
1. The applicant has completed the environmental review process, under the provisions of the Washington State Environmental Policy Act (SEPA) and completed any street or traffic-related studies required by the review;
2. The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city, and that not granting a special exception may aggravate the conditions;
3. That the variance requested is not against the public interest, particularly safety, convenience and general welfare;
4. That the granting of the variance will not adversely affect the adjacent property owners or tenants;
5. That the terms of this chapter will work unnecessary hardship on the applicant, property owner or tenant. Such hardship shall not be self-imposed.
C. Any applicant or department of the city aggrieved by a variance decision of the hearing examiner may appeal to the city council pursuant to Section 20 of the Land Use Hearing Examiner Ordinance (Ordinance No. 692-80) and the rules of procedure adopted pursuant thereto.
D. In the absence of a hearing examiner who has jurisdiction to hear these matters, city council shall hear variances according to subsections A and B herein at no fee. (Ord. 793-81 § 2, 1981; Ord. 665-80 § 3, 1980; Ord. 555-78 § 7, 1978)
13.68.080 Appeal procedure.
A. Any applicant, aggrieved by a decision or interpretation of the city engineer, may appeal to the hearing examiner. Such appeals must be made in writing to the city engineer within thirty days from the date on which the city engineer presents the applicant with his final decision in writing. The hearing examiner shall consider the appeal within thirty days after the city engineer receives the appeal; provided, the applicant has completed the environmental review, under the provisions of the Washington State Environmental Policy Act (SEPA) and completed any street or traffic-related studies required by the review. Such appeal shall be limited to the interpretation of the city engineer in the application of the provisions of this chapter and any amendments or additions hereto.
B. Any applicant or department of the city aggrieved by a decision of the hearing examiner may appeal to the city council pursuant to Section 20 of the Land Use Hearing Examiner Ordinance (Ordinance No. 692-80) and the rules of procedure adopted pursuant thereto.
C. In the absence of a hearing examiner who has jurisdiction to hear these matters, the city council shall hear appeals according to subsection A of this section, at no fee. (Ord. 793-81 § 3, 1981; Ord. 665-80 § 4, 1980; Ord. 555-78 § 8, 1978)