Chapter 17.105
DEVELOPMENT REGULATIONS FOR DESIGN, CONSTRUCTION AND INSTALLATION OF ROADWAYS, SIDEWALKS AND UTILITIES
Sections:
17.105.010 Purpose and intent.
17.105.030 General design and construction standards.
17.105.040 Security requirements – Bonds, insurance, registrations.
17.105.050 Street requirements.
17.105.060 Utilities – General.
17.105.070 Required improvements by district.
17.105.010 Purpose and intent.
(1) The purpose of this chapter is to protect and plan for the health, safety and welfare of the city and its public through development regulations that:
(a) Ensure the city’s compliance with state laws relating to growth and its management; and
(b) Encourage full utilization of existing services; and
(c) Economize on the city’s capital expenditures; and
(d) Establish a relationship between land development, utility needs, and land use planning.
(2) This chapter is not designed to prohibit land development. The aim of this chapter is to establish minimum standards for land development based upon the consideration of the following:
(a) Protection of city and public property from damage or loss associated with flooding, landslides, abnormal erosion, and other natural hazards;
(b) City utility plans;
(c) Capacity of utilities operated within the city of Forks;
(d) Potential needs for utility expansion;
(e) Access to utility locations as well as access to developments by emergency service providers;
(f) Proper design and construction of public and private roadways that are safe and integrated into the city’s traffic system;
(g) Protection of public rights-of-way from encroachment resulting from poor development planning and implementation;
(h) Protection of the public’s interest in the management of surface water drainage, ground water recharge, and related functions of drainage basins, water courses, and shoreline areas.
This chapter shall be used in conjunction with the city’s zoning code, critical areas ordinance, wetland ordinance, and sign ordinance. (Ord. 435 § 1, 1997)
17.105.020 Applicability.
(1) These regulations shall apply to the following land development actions or permits:
(a) Subdivisions of 10 lots or greater;
(b) Short subdivision/short plats of two through nine lots;
(c) Condominiums;
(d) Planned unit developments;
(e) Business and professional parks;
(f) Shopping centers;
(g) Mobile home/manufactured home parks and/or subdivisions;
(h) Campgrounds and recreational facilities;
(i) Industrial parks;
(j) Building permits for structures in excess of 3,500 square feet of total floor area, unless otherwise stated herein;
(k) Grading and clearing of land for development;
(l) Construction or development activity related to the approval of rezones, conditional use permits, binding site plans, and/or shoreline substantial development permits.
(2) Commencement of construction work under any of the above permits or applications to include the initial clearing of any proposed land development, shall not begin until such time as final approval of the drainage, erosion control, traffic control (if applicable), and/or grading plan is obtained from the city planning department.
(3) Application of this chapter shall be made in the review period associated with the above land developments and may incorporate the longer of the periods required by state law or local ordinance. When applying for approval of one of the above development types, the applicant shall note on the application for approval those issues associated with this chapter where the applicant is seeking the approval of the city to do something other than what is required by this title. A letter of approval from the city utilities superintendent shall be required prior to the final approval of the "final plat" or other such document associated with the above land developments.
(4) This chapter shall not apply to any division of land where such division is being done solely, or for the primary purpose, of expanding upon existing public road, utility or drainage rights-of-way; or, to such divisions undertaken by or with the consent of a public government agency for the purpose of obtaining new public road, utility or drainage right-of-way. This exemption does not apply to developments by private individuals where the dedication of right-of-way for roads, utilities or drainage is a condition to the approval of the development or the mitigation of impacts pursuant to the SEPA process. (Ord. 452 § 1, 1999; Ord. 435 § 2, 1997)
17.105.030 General design and construction standards.
(1) Standards. The following are hereby adopted by reference as the official standards of the city of Forks and shall be utilized with the design, platting, layout, and/or construction of land development improvements within the city:
(a) Washington State Department of Transportation’s standard specifications and plans for roads, bridges, and municipal construction;
(b) Washington State Department of Transportation Design Manual, latest edition.
(2) Modifications. Modifications to design criteria may be authorized where strict adherence would be counterproductive to the purpose and intent of this chapter, and when such modifications can be shown to be a safe alternative.
(3) Easements and Covenants. Whenever utilities must be installed under or over private property, the contractor/developer shall provide the city of Forks a maintenance easement of 15 feet in width centered on the installed utilities. The installation of above ground utilities on an exterior side line of a subdivision shall be so installed that the subdivision corner and side line remain unoccupied so that a survey instrument may be used on said boundary. Easements must be provided to assure the permanent ability of the city of Forks and utility maintenance crews to inspect, repair, replace or enlarge side utility lines. No trees will be planted, nor any structures, including fences, built on any such easement.
(4) Utility Extensions. If the city, through its comprehensive plan, utility plan, sewer system plan, water plan or other land use plans show an existing or future need for the extension of any utility, the appropriate action must be taken to assure construction of those utilities. Such action may include the granting of approval of the development on the condition that the necessary easement be provided to the city.
(5) Trenching. All material excavated from trenches shall be piled in such manner as will cause the minimum inconvenience to public travel and provisions shall be made for merging traffic, where necessary. Clearance shall be left to enable the free flow of stormwater in all gutters, conduits and natural water courses.
(6) Pavement Repair. Prior to the removal of any pavement, or damaging any pavement, a pavement repair plan must be approved by the city utilities superintendent. Any removal and/or damage, as well as its subsequent repair, must be done in accordance with WSDOT standard specifications.
(7) Pipe Bedding Material. Bedding material shall be placed in conformance with WSDOT standards or if standards are not applicable to a specific aspect of the development, then approval of the city utilities superintendent must be obtained.
(8) Traffic Maintenance. If traffic is to be disrupted in any way, the contractor/developer may be required to submit a plan to the city utilities superintendent describing his proposed signing, barricades, etc. Approval of this plan shall be attained before any work is started. The plan shall take into account the following:
(a) The traffic plan shall be given to the city utilities superintendent 10 working days prior to the anticipated implementation of the plan;
(b) Notification of the implementation of the plan shall be given one work day in advance of implementation;
(c) Where access to residences or businesses will be affected, those impacted will be given a copy of the plan and be given the opportunity to provide their comments which may be adopted by the city as a means of reducing any potential impacts to those affected;
(d) If access is expected to be disrupted or denied for a period of more than two hours, those individuals shall be notified one work day to the implementation of the plan;
(e) The city reserves the right to limit the amount of disruption that may result from the plan, as well as the right to require mitigation in the form of alterations to the plan or compensation for the disruption.
(9) Air Pollution and Noise Control. The contractor/developer shall take adequate measures to control dust. These control measures shall be exercised at all times, including weekends and holidays. A permit must be obtained from the fire chief for fire and smoke generating activities.
The contract will also be required to comply with any and all city regulations associated with noise and noise control.
(10) Access to utilities during period of construction. The contractor/developer may obtain water for the purpose of construction from the city at the rate established by ordinance or policy. Any such use of water, include the accessing of the water system, must be approved in writing in advance by the city utilities superintendent.
Any and all power, sewer, communications or other utilities necessary for construction must be obtained by the contractor/developer in accordance with the applicable agency’s process.
(11) Open Space Requirements. Pursuant to the Forks zoning code, as required by the Growth Management Act, the creation of new "open space"’ is a required need within GMA defined urban areas. While the city of Forks is surrounded by tens of thousands of acres of open space in the forms of commercial forest lands, national forests, and/or national parks, compliance with state law is required. Therefore the following open space requirements shall be applicable:
(a) Residential development has 20 or more lots, condominiums, apartments of dwelling units and/or mobile home lots. In such developments, the contractor/developer shall be required as part of final approval to create open space in an amount equal to the average of all of the lots in the development. In the case of condominiums, apartments, townhouses, etc., the contractor/developer shall establish one-twentieth of the entire development area as communal open space. In developments that exceed 30 lots, the open space requirement shall be established as one lot per 20 new lots.
(b) Residential development has 19 lots or less. The developer is encouraged to create communal open space. However, the creation of such space is optional and can only be required by the city as part of the final approval when the open space would mitigate some other aspect of the development.
(c) Commercial Development. When the commercial development involves the creations of retail shopping facilities with more than 10,000 gross square feet, or business/professional parks consisting of more than 10 tenant units, then open space requirements shall be created at the rate of one-twentieth of the entire development area or parcel size, whichever is greater. This space can be developed into common areas.
In all cases requiring open space, the open space shall be denoted on the final plat. In addition, responsibility for the maintenance of the open space shall be that of the contractor/developer or the owners/tenants. In the latter case, a binding maintenance agreement shall be executed, after review by the city, and recorded with the final plat. Open space requirements may be fulfilled with the dedication of critical areas as open space, even if density transference options found within the Forks zoning code are utilized. In no situation may open space be utilized by the contractor/developer to meet the requirements of setbacks, front, side or back yards, parking, or buffer zones (with the exception of critical area buffers as already noted above).
(12) Notification. The contractor/developer shall provide in writing the name, address and telephone numbers of the individuals who shall be the point of contact for all aspects of the proposed development.
(13) Testing. Testing shall comply with that specified in the adopted specifications. If additional testing is ordered by the city to determine if the work is in compliance with these specifications, that testing will be performed at the cost of the city unless agreed otherwise in advance by the city and the contractor/developer. All costs of the original work shall be borne by the contractor/developer.
(14) Inspection. All work to be deeded to the city shall be inspected by a qualified inspector appointed by the city, as well as any state agency that may require an inspection pursuant to state law. All costs associated with inspection shall be borne by the contractor/developer. City inspections shall be completed within seven days, or less, of the city being notified by the developer that the work in question has been completed. (Ord. 435 § 3, 1997)
17.105.040 Security requirements – Bonds, insurance, registrations.
(1) In order to ensure that the public is protected from inferior work, the city shall require that contractors/developers provide the securities listed below regarding bonding, insurance and registrations. No application shall be approved without the city being supplied the items noted below. Commencement of a project by the contractor/developer without the prior approval of the city, or without complying with the requirements of this section shall be a violation of this chapter and subject to the penalty requirements found herein.
(2) Requirements.
(a) Maintenance Bond. The contractor/developer shall guarantee that all of the work, materials or equipment furnished by the contractor/developer will fully meet the requirements established herein for workmanship, materials, strength and any and all other requirements associated with the agreed to materials and equipment.
In the case of failure of any part of the work, materials, or equipment under test or otherwise, the contractor/developer, without delay, shall make changes, replacements and/or renewals as may be necessary to meet fully all of the requirements and guarantees of the specifications associated with the development and this chapter.
Upon completion of the work, the contractor/developer shall furnish a surety bond to guarantee work against faulty workmanship or materials for a period of one year following acceptance of the work by the city. Upon the expiration of the one-year period, and an inspection by the city utilities superintendent, the city will relinquish the bond.
(b) Insurance. Prior to the commencement of any work covered by this chapter, the contractor shall submit copies of public liability and property damage insurance policies naming the city of Forks as an insured party, if the work is to be performed within public streets and rights-of-way, or if the work is being performed per a contract with the city.
(c) License and Registration. The contractor/developer, prior to the commencing of any work, shall provide the city planning department with a copy of a current state business license and proof of registration with the appropriate state agencies.
(d) Performance Bond. The contractor/developer, prior to the commencing of any work, shall be required to provide the city with a performance bond to insure the completion of the agreed to improvements. If the city determines that corrections to the work or the nature of the work are required, the city shall provide due notice by certified mails to the contractor/developer listing therein the problem discovered and the needed for corrections to be made. If the contractor/developer fails to make the corrections within 10 days after due notice has been given by the city, the city shall have the right to replace the defective work or equipment at the expense to the contractor/developer. Due notice shall mean written notification to the address provided by the contractor/developer and written notice to the surety that issued the contractor’s/developer’s performance bond. If the work is done by the city, or its assigned agents, the city reserves the right to execute the bond.
In all cases, the city reserves the right to take any and all immediate corrective action deemed necessary to protect the public health, safety and welfare without given notice, if a serious threat to the public health, safety and welfare would exist otherwise. (Ord. 435 § 4, 1997)
17.105.050 Street requirements.
(1) General Requirements.
(a) Conformity. The arrangement, character, extent, width, grade and location of all streets shall conform to the map found within the Forks urban growth area comprehensive plan transportation element. If a development occurs and no street is projected within that area in the plan, then the city shall consider the proposed street location in relationship to existing and planned streets, topographical conditions, impact upon public safety, impact upon other streets within that area, and traffic flow. Contractors/developers creating new streets shall comply with the provisions of this chapter.
(b) Basic concepts associated with integration of new streets within the existing street system.
(i) Major streets (an example would be a street like Spartan, or Russell Road) shall be properly integrated within the existing and proposed transportation system of existing major streets and highways.
(ii) Collector streets (an example would be Calawah Way and Bogachiel Way) shall be properly related to the public transit system where applicable, to locations generating high volumes of traffic such as but not limited to churches, schools, and shopping centers, to large concentrations of residential units, and to major streets into which they feed.
(iii) Minor streets, which include local access and/or cul-de-sac streets, shall be laid out to conform as much as possible to the transportation plan, when such proposed streets are noted therein in, or when no plan exists to the following: topography, to limit through traffic flow, to permit efficient drainage and utilities, and to require the minimum amount of street necessary to provide convenient, safe access to the property.
(c) Relation to Adjoining Street System. The arrangement of streets in new developments shall be done in such a manner as to ensure their connection into existing streets when deemed appropriate by the city.
(d) Projection of Streets. Where adjoining areas to a new development are not subdivided, the arrangement of streets in the new subdivision shall be such that a projection of the street can be made into the undeveloped area.
(e) Streets to Be Carried to Property Lines. When the new development adjoins unsubdivided land and the new development is occurring in an area identified by the comprehensive plan as needing a major street, collector street, or a street that would better improve traffic flow, the new development’s street shall be carried to the boundaries of the property associated with the new development.
(f) Limited Access Highways. Where a subdivision borders on or contains a limited access highway right-of-way, the city may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land as for park purposes in residential districts or for commercial or industrial purposes in other districts.
(g) Street Names. Names of new streets shall not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing, platted or planned street. House numbers shall be assigned in accordance with the house number system of the city. All names and numbers must be approved prior to development or filing of plat maps by the city utilities superintendent.
(h) Alleys.
(i) General Purpose. Alleys are permitted in all developments upon the approval of the city street superintendent. In commercial areas, alleys are the preferred means of providing delivery and product suppliers access to a commercial development.
(ii) In commercial and industrial zones, alleys shall be provided, however, this requirement may be waived by the planning commission where other definite and assured provisions are made for service access that would not impact traffic flows on adjacent streets, nor off-street parking.
(iii) In residential zones, alleys are permitted. Any alley must be approved by the city street superintendent.
(iv) Dead-end alleys are prohibited. Crooked and "T" alleys shall be prohibited.
(2) Design.
(a) Width. The right-of-way of all streets shall be of the width specified on the official map or master plan, or, if no width is specified, they shall be not less than the width specified below, unless necessitated by unusual topographic, physical or design features:
Right-of-Way
Arterials 80 feet
Collectors 60 feet
Local:
Local access 60 feet
Cul-de-sac 50 feet*
Alley ways 25 feet
Minimum pavement widths for arterials, streets, cul-de-sacs, sidewalks, curbs and gutters shall be as indicted on the drawings attached to the ordinance codified in this chapter.
(b) Cul-De-Sac or Dead-End Streets. Streets designed to have one end permanently closed shall be no longer than 600 feet in length, with the preferred length being 400 feet. Such streets shall terminate in a closed end with a circular turn-around having a minimum curb radius of not less than 50 feet.
(c) Grade. The grade of major and collector streets shall not exceed 10 percent and the grade of all other streets shall not exceed 15 percent unless necessitated by exceptional topography and approved by the city of Forks.
(d) Horizontal Curves. The minimum sight distance with clear visibility, measured along the center line, shall be provided, of at least 135 feet on major streets, 75 feet for collector streets, and 50 feet on minor streets, unless otherwise approved by the city of Forks.
(e) Vertical Curves. All changes in street grades shall be connected by vertical curves of a minimum length equivalent to four times the algebraic difference in the rate of grade for major streets and collector streets, and one-half of this minimum length for all other streets, unless otherwise approved by the city of Forks.
(f) Intersections.
(i) Rounded. Property lines at street intersections shall be rounded with a minimum radius of 20 feet or of a greater radius of where the planning commission determines it to be necessary.
(ii) Jogs. Streets with centerline offsets of less than 125 feet shall be avoided, and only permitted if no other alternative exists. Where streets intersect major streets, their alignment shall be continuous, unless otherwise approved by the city of Forks.
(3) Plans for Construction of Streets, Utilities and Drainage Structures. The designing engineer shall submit to the city street superintendent plans and specifications which shall include a vicinity map, and a plan and profile consisting of the following:
(a) Plan. A plan of the proposed construction shall be submitted to the city street superintendent for approval prior to construction, if not required at the time of the subdividing of property, and shall include:
(i) Street alignment in stations of 100-foot intervals;
(ii) Bearing on street centerlines;
(iii) Radius of horizontal curves;
(iv) Proposed right-of-way width limits;
(v) Label all sheets and adjoining subdivisions;
(vi) Typical roadway sections, including utility locations;
(vii) Existing and proposed drainage structures, showing the type and size of culverts with the direction of flow indicated;
(viii) Street cross sections, showing the location of utilities, pavement width, sidewalks, etc.;
(ix) Suggested scales: one inch equals 50 feet, or one inch equals 100 feet.
(b) Profile. A profile shall also be required and be submitted to the city street superintendent for approval prior to construction, if not required at the time of the subdividing of property, and shall include:
(i) Original Ground Line. The ground lines for road extending to the perimeter of any developments shall be extended a sufficient distance beyond the perimeter to include any change in contours which would affect the profile of the proposed street, which extension shall in no event be less than 200 feet;
(ii) Stationing in intervals of 100 feet;
(iii) Proposed grade line showing percent grade and vertical curves;
(iv) Elevation datum;
(v) Horizontal scale shall be the same as the plan; vertical scale shall be at the ratio of 10 to one with horizontal scale.
(4) Sidewalks, Curbs and Gutters.
(a) Sidewalks. Sidewalks shall be constructed with Portland cement and shall be constructed in accordance with WSDOT specifications. The concrete shall meet the requirements of WSDOT specifications. In addition, all sidewalks shall comply with the requirements of the Americans with Disabilities Act.
Joint filler shall be in conformance with WSDOT specifications and be at least three-eighths of an inch in thickness and shall be placed as detailed on the plans. Thickness shall be a full six inches at driveway sections.
(b) Curb and Gutter. The integral Portland cement concrete curb and gutter shall be constructed in accordance with WSDOT specifications.
Curb and gutter materials shall be in accordance with WSDOT specifications and materials shall be installed pursuant to the same specifications.
Where water is carried on the surface through an intersection, there shall be a cement concrete inverted gutter section provided as detailed in the curb and gutter plate.
All concrete delivery receipts shall be inspected by the city street superintendent or designated person.
(5) Entry Permits for Driveways. A no cost entry permit shall be required for all driveways for vehicular access to private property from public streets. Determinations regarding the installation of the culverts and drainage pipe shall be made by the city street superintendent. Such determinations shall be made in light of the city’s comprehensive flood plan and other factors relevant to the city’s drainage system. (Ord. 435 § 5, 1997)
*Cul-de-sacs will have to have sufficient room for turn-arounds of emergency equipment.
17.105.060 Utilities – General.
(1) Water. A water distribution system and/or water system connection, including the location of fire hydrants, valves and other fittings shall be designed and installed in accordance with WSDOT standards and specifications and in consultation with the city utilities superintendent.
(2) Sanitary Sewer. A sewer system and/or a sanitary sewer system connection must be approved by the city of Forks utilities superintendent. Septic systems must be approved by the Clallam County health department, and where a conflict exists between the required lot size needed to contain a septic system pursuant to state and local health codes and the minimum lot size permitted by the zoning code, the health code requirements shall prevail.
(3) Storm Drainage. A storm drainage system adequate for proper drainage of potential surface water runoff must be developed. Such a system must keep all stormwater drainage on-site. Any system must be approved by the city utilities superintendent and must be consistent with the Forks comprehensive flood management plan.
(4) Other Utilities. Other utilities including telephone, electricity and television cable shall be underground where existing overhead lines are not already established.
(5) Fire Hydrants. Fire hydrants shall be installed in accordance with city of Forks standards and shall require the approval of both the fire chief and the city utilities superintendent.
(6) Private Fire Lines. Any pipeline to private property or to a building that is solely for fire protection shall not be metered but shall be provided with:
(i) An isolation valve at the city’s main at the edge of the right-of-way.
(ii) A detector type check valve (UL and FM approved) installed at the right-of-way in an approved vault.
(7) All materials used in construction of utilities installed in city right-of-way shall conform to the city’s approved material lists.
(8) Any person or contractor/developer making repairs or installing new utilities in city right-of-way shall furnish to the city an "as built" diagram of the improvements being made prior to the commencement of the work.
(9) Whenever a contractor/developer intends to install a utility service that must cross SR 101, above or below ground, the contractor/developer shall provide the city with a copy of the permit obtained from the Washington State Department of Transportation that permits the installation of the utility service across SR 101. (Ord. 435 § 6, 1997)
17.105.070 Required improvements by district.
(1) All new developments that are located in the high residential and/or high commercial zoning districts shall have the following improvements, unless determined otherwise by the city council:
(a) Paved streets;
(b) Sidewalks;
(c) Curb and gutter if, after a review of the proposed plans, required by the city street superintendent;
(d) Street lights;
(e) Utilities;
(f) Street names;
(g) Traffic control;
(h) Entry permits for driveways;
(i) Open space if applicable.
(2) In all other zoning districts, the following improvements shall be required unless determined otherwise by the city council in its approval of the development:
(a) Paved streets;
(b) Curb and gutter if, after a review of the proposed plans, required by the city street superintendent;
(c) Street lights;
(d) Utilities;
(e) Street names;
(f) Traffic control;
(g) Entry permits for driveways;
(h) Open space if applicable.
(3) The requirements and specifications for any of the above required improvements shall be determined by the standards set by this chapter. (Ord. 435 § 7, 1997)