Chapter 15.86
STREET DEVELOPMENT STANDARDS
Sections:
15.86.020 Administration and enforcement authority.
15.86.060 Right-of-way dedication required.
15.86.080 Public street and sidewalk design standards.
15.86.120 Street lighting standards.
15.86.160 Timing for installation of improvements.
15.86.180 Plan drafting and surveying standards.
15.86.200 Review of construction plans.
15.86.220 Construction bond required.
15.86.240 Latecomer’s agreements.
15.86.260 Alternate requirements.
15.86.280 Deferral of improvement installation.
15.86.300 Violations and penalties.
15.86.010 Purpose.
It is the purpose of this chapter to establish design standards and development requirements for street improvements to ensure reasonable and safe access to developed properties. These improvements include sidewalks, curbs, gutters, street paving, monumentation, signage and lighting. [Ord. 867, 2002.]
15.86.020 Administration and enforcement authority.
The director of public works and/or his/her designated representatives are responsible for the general administration, enforcement and coordination of this chapter. [Ord. 867, 2002.]
15.86.030 Applicability.
(1) This chapter applies to all permit applications submitted under the provisions of the International Building Code for:
(a) New construction;
(b) Additions and remodels with a valuation of 50 percent or greater of the current assessed valuation of the existing structure;
(c) Short plat and full subdivision located on a property adjacent to public rights-of-way;
(d) The creation or addition of 5,000 square feet, or greater, of new impervious surface area. On-site impervious surfaces and parking areas of 5,000 square feet or more must comply with the landscaping and screening provisions of LCMC 15.90.040, Screening requirements.
The applicant for such permits shall build and install certain street improvements on adjacent and abutting rights-of-way, and all private street improvements on access easements, including, but not limited to, asphalt and/or cement concrete paving, adequate subgrade, curb and gutter, sidewalks, street signage and striping, storm drainage, and lighting. Adjacent and abutting rights-of-way may include that area as determined by projecting the lot(s) boundary(s), as determined by the town. All building permit applications within a 12-month period shall be considered cumulatively and subject to the aforementioned infrastructure improvements.
(2) The minimum design standards for streets are listed in the following tables. These standards will be used as guidelines for determining specific street improvement requirements for development projects, including short plats and subdivisions. [Ord. 963 § 6, 2005; Ord. 867, 2002.]
15.86.040 Exemptions.
The following exemptions shall be made to the requirements listed in this chapter:
(1) Interior remodels of any value not involving a building addition or building rehabilitation.
(2) The construction of a single-family house, or the modification or addition to an existing house, if the public street adjacent to the lot under construction is currently used for vehicular access and improved with pavement. If the street does not meet the criteria, then the street must be improved to meet minimum fire department standards. [Ord. 867, 2002.]
15.86.060 Right-of-way dedication required.
(1) Dedication Required for Development. Where the existing width for any right-of-way adjacent to the development site is less than the minimum standards listed in Tables 2 and 3 of LCMC 15.86.080, additional right-of-way dedication will be required for the proposed development.
(2) Amount of Dedication. The right-of-way dedication required shall be half of the difference between the existing width and the minimum required width as listed in LCMC 15.86.080. In cases where additional right-of-way has been dedicated on the opposite side of the right-of-way from the development site in compliance with this section, then dedication of the remaining right-of-way width to obtain the minimum width as listed in LCMC 15.86.080 shall be required.
(3) Waiver of Dedication. The public works director may waive the requirement for additional right-of-way dedication pursuant to the waiver procedures specified in LCMC 15.86.260(1), where it is determined by the public works director that construction of full street improvements are waived and not anticipated in the future. [Ord. 867, 2002.]
15.86.080 Public street and sidewalk design standards.
(1) Level of Improvements. The minimum level of street improvements required depends upon the project size as listed in the following tables. The project sizes listed shall be for square footage of new building and/or addition to existing buildings, number of units for apartments, or total number of final lots in the proposed plat or short plat.
(2) Minimum Standards. All such improvements shall be constructed to the town’s standards. Standards for construction shall be as specified in the following tables, and by the public works director or his/her duly authorized representative. Where standards are not specifically provided, AASHTO standards will apply.
(3) Application of Tables. The following tables establish the standards to be met for improvements subject to this chapter:
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Table 1 – Public Street Improvement Requirements for Private Development |
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Project Size |
Right-of-Way Width |
Pavement Width |
Sidewalks and Street Lighting |
Distance to Arterial |
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2 – 4 units residential 0 – 5,000 sq. ft. commercial 0 – 10,000 sq. ft. industrial |
As determined by Tables 2 through 5 of this section. |
Provide half pavement width per standard plus minimum 10 feet – curb required on project side. |
Provide sidewalk on project side. No street lighting required. |
Minimum 20 feet pavement to arterial (500 feet maximum). |
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5 – 20 residential lots 5,000 – 10,000 sq. ft. commercial 10,000 – 20,000 sq. ft. industrial |
As determined by Tables 2 through 5 of this section. |
Provide full pavement width per standard – curb required on project side. |
Provide sidewalk on project side. Street lighting required on project side. |
Minimum 20 feet pavement to arterial (500 feet maximum). |
|
More than 20 units residential 10,000 sq. ft. commercial 20,000 sq. ft. industrial |
As determined by Tables 2 through 5 of this section. |
Provide full pavement width per standard – curb required on project side. |
Provide sidewalk on project side. Street lighting required on project side. |
Minimum 20 feet pavement and pedestrian walkway to arterial. |
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Table 2 – Minimum Design Standards for Residential Access Streets |
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|---|---|---|---|
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Right-of- |
Pavement |
Sidewalks |
Other |
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50 feet |
32 feet paved Parking both sides |
5-foot sidewalk adjacent to curbs both sides |
Combined public storm drainage detention Street lighting |
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Table 3 – Minimum Design Standards for Collector Streets |
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|---|---|---|---|
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Right-of- |
Pavement |
Sidewalks |
Other |
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60 feet |
38 feet paved Parking both sides |
5-foot sidewalks and 5-foot planting strip on both sides |
Combined public storm drainage detention Street lighting |
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Table 4 – Minimum Design Standards for Commercial Access Streets |
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|---|---|---|---|
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Right-of- |
Pavement |
Sidewalks |
Other |
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60 feet |
40 feet paved Parking both sides |
5-foot sidewalks on the property line and 5-foot planting strip |
Combined public storm drainage detention Street lighting |
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Table 5 – Minimum Design Standards for Industrial Access Streets |
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|---|---|---|---|
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Right-of- |
Pavement |
Sidewalks |
Other |
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60 feet |
40 feet paved Parking both sides |
5-foot sidewalks and 5-foot planting strip on both sides |
Combined public storm drainage detention Street lighting |
(4) Length of Improvements. Such improvements shall extend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the aforesaid building for platting purposes and which may adjoin property dedicated as a public street.
(5) Special Design Standards for Arterial Streets. Arterial street rights-of-way shall be 60 feet to 150 feet in width as may be required by the public works director or his/her designee. The design standards for arterial streets will be established on a case-by-case basis by the public works director or his/her designee in accordance with the major arterials and streets plan.
(6) Grades. Grades on arterial streets shall not exceed 10 percent, and the grade on any public street shall not exceed 15 percent, except for within approved hillside subdivisions.
(7) Pavement Thickness. New pavement shall be a minimum of four inches of asphalt over six inches of crushed rock. Pavement thickness for new arterial or collector streets or widening of arterials or collector streets must be approved by the department. Pavement thickness design shall be based on standard engineering procedures. For the purposes of asphalt pavement design, the procedures described by the “Asphalt Institute’s Thickness Design Manual” (latest edition) will be accepted by the department.
(a) Alternate Provisions for Material Construction and Design. Alternate design procedures or materials may be used if approved by the public works director.
(8) Sidewalk Width Minimum and Measurement. New sidewalks must provide a minimum of four feet of horizontal clearance from all vertical obstructions. Sidewalk widths listed in the tables include curb width for those sidewalks constructed adjacent to the curb.
(9) Curves.
(a) Horizontal Curves. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced, subject to review and approval of the public works director.
(b) Vertical Curves. All changes in grade shall be connected by vertical curves of a minimum length of 200 feet unless specified otherwise by the public works director.
(c) Tangents for Reverse Curves. A tangent of at least 200 feet in length shall be provided between reverse curves for arterials, 150 feet for collectors, and 100 feet for residential access streets. [Ord. 931 § 2, 2004; Ord. 867, 2002.]
15.86.100 Dead end streets.
(1) When Permitted. Dead end streets are permitted where through streets are determined by the department not to be feasible. For other circumstances, dead end streets may be approved by the department or hearing examiner as part of the plat approval or site plan approval for a proposed development.
(2) Cul-de-Sacs and Turnarounds – Minimum Requirements. Minimum standards for dead end streets, when approved by the department, are as follows:
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Table 6 – Cul-de-Sacs and Turnarounds |
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|---|---|
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Length of Street |
Type of Turnaround |
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For up to 150 feet in length |
No turnaround required. |
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From 150 feet to 300 feet in length |
Dedicated hammerhead turnaround or cul-de-sac required. |
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From 300 feet to 700 feet in length |
Cul-de-sac required. Fire sprinkler system required for houses. |
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Longer than 700 feet in length |
Two means of access and fire sprinklers required for all houses beyond 300 feet. |
(3) Turnaround Design. The hammerhead turnaround shall have a design approved by the public works director and the La Conner fire chief.
(4) Cul-de-Sac Design. Cul-de-sacs shall have a minimum paved radius of 45 feet with a right-of-way radius of 55 feet for the turnaround. The cul-de-sac turnaround shall have a design approved by the public works director and the La Conner fire chief.
(5) Secondary Access. Secondary access for emergency equipment is required when a development of three or more buildings is located more than 200 feet from a public street.
(6) Waiver of Turnaround. The requirement for a turnaround or cul-de-sac may be waived by the public works director with approval of the La Conner fire chief when the development proposal will not create an increased need for emergency operations pursuant to LCMC 15.86.260(1), Waivers. [Ord. 1211 § 2(A), 2022; Ord. 867, 2002.]
15.86.110 Alley standards.
(1) Access Purpose. Alleys may be used for vehicular access to the adjacent lots, but are not to be considered as primary access for emergency or fire department concerns.
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Table 7 – Minimum Alley Design Standards |
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|---|---|
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Zoning Type |
ROW Width |
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All residential |
20 feet |
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Commercial |
20 feet |
[Ord. 867, 2002.]
15.86.120 Street lighting standards.
(1) Average Maintained Illumination. The street lighting shall be constructed to provide average maintained horizontal illumination as illustrated below. The lighting levels shall be governed by roadway classification and area zoning classification. Values are in horizontal foot-candles at the pavement surface when the light source is at its lowest level.
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Table 8 – Street Illumination Levels |
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|---|---|---|---|
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Arterial |
Commercial |
Industrial |
Residential |
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Principal |
1.4 |
1.4 |
1.0 |
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Minor |
1.4 |
1.2 |
0.6 |
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Collector Street |
1.2 |
0.9 |
0.6 |
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Local Street |
0.9 |
0.6 |
0.2 |
(2) Uniformity Ratios. Uniformity ratios for the street lighting shall meet or exceed four to one for light levels of 0.6 foot-candles or more and six to one for light levels less that 0.6 foot-candles.
(3) Guidelines. Street lighting systems shall be designed and constructed in accordance with the publication, “Guidelines and Standards for Street Lighting Design of Residential and Arterial Streets.” [Ord. 867, 2002.]
15.86.130 Private streets.
(1) When Permitted. Private streets are allowed for access to six or less residential lots, with no more than four of the lots not abutting a public right-of-way. Private streets will only be permitted if the proposed private street is not anticipated by the public works department to be necessary for existing or future traffic and/or pedestrian circulation through the subdivision or to serve adjacent property.
(2) Minimum Standards. Such private streets shall consist of a minimum of a 26-foot easement with a 20-foot pavement width. The private street shall provide a turnaround meeting the minimum requirements of this chapter. No sidewalks are required for private streets; however, drainage improvements per La Conner Municipal Code are required, as well as an approved pavement thickness (minimum of four inches asphalt over six inches crushed rock). The maximum grade for the private street shall not exceed 15 percent, except for within approved hillside subdivisions.
(3) Signage Required. Appurtenant traffic control devices including installation of traffic and street name signs, as required by the department, shall be provided by the subdivider. The street name signs will include a sign labeled “Private Street” yellow with black lettering.
(4) Easement Required. An easement will be required to create the private street.
(5) Timing of Improvements. The private street must be installed prior to recording of the plat unless deferred. [Ord. 867, 2002.]
15.86.140 Shared driveways.
(1) When Permitted. A shared private driveway may be permitted for access to two lots. The private access easement shall be a minimum of 20 feet in width, with a minimum of 12-foot paved driveway. [Ord. 867, 2002.]
15.86.160 Timing for installation of improvements.
No building shall be granted a certificate of final occupancy, or plat or short plat recorded, until all the required street improvements are constructed in a satisfactory manner and approved by the responsible departments, unless those improvements remaining unconstructed have been deferred by the public works director and security for such unconstructed improvements has been satisfactorily posted. [Ord. 867, 2002.]
15.86.180 Plan drafting and surveying standards.
The construction permit plans for street improvements shall be prepared and surveyed in conformance with standard detail documents as cited in the Developer Project Manual Sewer Extensions, Section D. [Ord. 867, 2002.]
15.86.200 Review of construction plans.
(1) Submittal. All street improvement plans prepared shall be submitted for review and approval to the department of public works. All plans and specifications for such improvements are to be submitted at the time application for a building permit is made.
(2) Fees and Submittal Requirements. All permits required for the construction of these improvements shall be applied for and obtained in the same manner and conditions as specified in LCMC 11.10.030, 11.30.050, 12.05.1320, 12.30.070 and 15.65.100 relating to excavating or disturbing streets, alleys, pavement or improvements. Fees shall be as stipulated in LCMC 3.60.080. Half of the fee is due and payable upon submittal for a construction permit application, and the remainder is due and payable prior to issuance of the construction permit.
(3) Cost Estimate Required. The applicant will be required to submit a cost estimate for the improvements. This will be checked by the department for accuracy. [Ord. 867, 2002.]
15.86.210 Inspections.
(1) Authority and Fees. The department shall be responsible for the supervision, inspection and acceptance of all street improvements listed in this section, and shall make a charge therefor to the applicant. [Ord. 867, 2002.]
15.86.220 Construction bond required.
(1) Acceptable Security. Prior to commencing construction, the person or entity constructing the street improvements shall post a construction bond in an amount sufficient to cover the cost of conforming said construction with the approved construction permit plans. In lieu of a bond, the applicant may elect to establish a cash escrow account with his/her bank, securing only this obligation and no other, in an amount deemed by the public works director to be sufficient to reimburse the town if it should become necessary for the town to complete the improvements.
(2) Instructions to Escrow. The instructions to the escrow shall specifically provide that after prior written notice unto the applicant and his/her failure to correct and/or eliminate existing or potential hazardous conditions or improperly constructed improvements, and his/her failure to timely remedy same, the escrow shall be authorized without any future notice to the applicant or his/her consent to disburse the necessary funds unto the town of La Conner for the purpose of correcting and/or eliminating such conditions.
(3) Subsequent Conversion to Maintenance Bond. After determination by the department that all facilities are constructed in compliance with the approved plans, the construction bond can be reduced to 10 percent as a one-year maintenance bond. [Ord. 867, 2002.]
15.86.230 Damage liability.
Contractors engaged in development activities on private or public properties are liable for the repair or replacement of the town’s infrastructure if damage to the town’s infrastructure resulted from their activities. [Ord. 986 § 3, 2007.]
15.86.240 Latecomer’s agreements.
(1) Latecomer’s Agreements Authorized. Any party extending utilities that may serve other than that party’s property may request a latecomer’s agreement from the town. Where a development is required to construct street improvements that may also be required by other developments or by future development of other parcels in the vicinity, then the developer may request establishment of a latecomer’s agreement to reimburse the developer for all initial costs of the improvements.
(2) Process for Latecomer’s Agreements. Any latecomer’s agreement shall be established in accordance with provisions set forth in LCMC 15.85.050. [Ord. 867, 2002.]
15.86.260 Alternate requirements.
(1) Waivers. The public works director may grant, in writing, waivers from the regulations and requirements of this chapter providing that the following conditions are present:
(a) The waiver requested arises from peculiar physical conditions not ordinarily existing elsewhere in the town or is due to the nature of the business or operation being presently conducted upon the applicant’s property;
(b) The waiver does not permit a condition otherwise prohibited by code;
(c) The waiver requested is not against the public interest, particularly safety, convenience and general welfare;
(d) The granting of the waiver will not adversely affect the rights of adjacent property owners or tenants;
(e) The terms of this chapter will cause unnecessary hardship on the applicant, property owner or tenant.
The decisions with regard to waivers may be appealed to the hearing examiner pursuant to LCMC 15.12.130.
(2) Variance Procedures.
(a) Authority and Applicability. The hearing examiner shall have the authority to grant variances from the provisions of this chapter where the proposed development requires any required permits set forth in this title.
(b) Filing of Application. A property owner, or duly authorized agent, may file an application for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance.
(c) Submittal Requirements. Submittal requirements for variances are set forth in LCMC 15.125.040.
(3) Half-Street Improvements.
(a) When Permitted. Half-street improvements may be allowed for residential, commercial and industrial access streets by the public works director or her/his designee when it is determined that the adjacent parcel of property has the potential for future development and dedication of the right-of-way necessary for the completion of the street right-of-way.
(b) Minimum Design Standards. The right-of-way for the half-street improvement must be a minimum of 35 feet with 28 feet paved. A curb and a six-foot sidewalk shall be installed on the development side of the street. If the street will require a cul-de-sac, then the right-of-way for the half of the cul-de-sac shall be dedicated, with installation of a temporary hammerhead turnaround. The property shall also dedicate easements to the town for street lighting and fire hydrants. Additional easements shall be provided for the franchise utilities outside of the dedicated right-of-way.
(c) Standards for Completion of the Street. When the adjacent parcel is platted or developed, an additional 15 feet of right-of-way shall be dedicated from the developing property. The pavement shall then be widened to 32 feet in total width, and a curb and six-foot wide sidewalk shall be installed on the developing side of the street. If the street is a dead-end street requiring a cul-de-sac, then the developing parcel shall dedicate the remainder of the right-of-way for the cul-de-sac and construct the final complete cul-de-sac, including curb and sidewalk improvements.
(4) Reduced Right-of-Way Dedication.
(a) When Permitted. The department may approve a reduction in the required right-of-way width for residential access streets for new streets within a short plat or subdivision to 42 feet when the extra area from the reduction is used for the creation of an additional lot(s) which could not be platted without the reduction; or when the platting with the required right-of-way width results in the creation of lots with less than 100 feet in depth.
(b) Additional Easements. The department may require additional easements be provided for the franchise utilities outside of the dedicated right-of-way when such a right-of-way reduction is approved. In no case shall a reduction in the required right-of-way width be approved unless it is shown that there will be no detrimental effect on the public health, safety or welfare if the right-of-way width is reduced, and that the full right-of-way width is not needed for current or future development. [Ord. 867, 2002.]
15.86.280 Deferral of improvement installation.
(1) Applicability. If a developer wishes to defer certain improvements required in this chapter until after certificate of occupancy for any structure, or in the case of plats or subdivisions, final approval, a written application shall be made to the public works director stating the reasons why such a delay is necessary.
(2) Decision Criteria. (Reserved).
(3) Security Required. If the deferral is approved by the public works director for good cause shown by the applicant, the applicant shall furnish security to the town in the amount equal to 150 percent of the estimated cost of the installation and required improvements. The decision by the public works director as to the amount of such security shall be conclusive.
(4) Plans for Improvements. Should the public works director grant the deferral of part or all of the necessary improvements, the full and complete engineering drawings of the improvements shall be submitted as a condition precedent to the granting of any deferral.
(5) Waiver of Requirement for Plans. The public works director may waive the requirement for short plat improvement deferrals.
(6) Expiration. The security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the public works director, and if no time is specified then not later than one year. For plats, if no time is established, then no later than one year from the date of approval of the final plat by the town council, or one year after the recording of a short subdivision. The security shall be held by the finance director.
(7) Extension of Time Limit. The public works director shall annually review deferred improvements and the securities. If the public works director determines that any improvements need not be installed immediately, the director may extend the deferral for an additional period up to an additional year. Any improvement deferred for five years shall be required to be installed or shall be waived by the public works director pursuant to LCMC 15.86.260(1), Alternate Requirements – Waivers, unless the public works director determines that the improvements will be needed within the following five years. Should the improvement installation begin before the expiration of the extension time limit, and the work is diligently pursued, the director may extend the deferral equivalent to the time necessary to complete the construction of the improvements, but subject to the continuation of the security.
(8) Acceptable Security. Security acceptable under this section may be cash, letter of credit; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the town and blocked as to withdrawal by the secured party without town approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the town accept a performance bond. Any security device must be payable to the town upon demand by the town and not conditioned upon the approval or other process involving the applicant. Security must be unequivocally committed to the project being secured, and cannot be available for any other purpose.
Any security that, according to the terms, lapses upon a date certain will cause the deferral to lapse on that same date unless additional adequate substitute security has been posted prior to the termination date of the prior security. Each security document posted with the town must be approved by the town’s attorney, whose decision as to the acceptability of the security shall be conclusive.
(9) Special Security Option for Deferral of Street Improvements. A restrictive covenant running with the land, signed and properly recorded after review by the town’s attorney, may be accepted as security if the covenant guarantees that the property will join in any future LID established to install the required improvements in addition to the following conditions:
(a) There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the following five years.
(b) There will be no detrimental effects on public health, safety or welfare if the improvements are not installed.
(c) There is no likelihood that the zoning or land use on or adjacent to the site will change to a higher classification within a period of five years increasing the likelihood that the improvements will be needed.
(d) A covenant approved by the public works director shall contain language that stipulates the property owner will immediately install the deferred improvements at his/her expense upon a determination by the public works director that the improvements have become necessary.
(10) Special Security Option for Short Plats. A restrictive covenant running with the land, signed and properly recorded after the town attorney’s review, may be accepted as security if the covenant guarantees that the property will join in any future limited improvement district established to install the required improvements in addition to the following conditions:
(a) The restrictive covenant for deferrals occurs only for a single-family development no larger than a short plat.
(b) There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the following five years.
(c) There will be no detrimental effects on public health, safety or welfare if the improvements are not installed.
(d) There is no likelihood that the zoning or land use on or adjacent to the site will change to a higher classification within a period of five years increasing the likelihood that the improvements will be needed.
(e) A covenant approved by the public works director shall contain language that stipulates the property owner will immediately install the deferred improvements at his/her expense upon a determination by the public works director that the improvements have become necessary.
(11) Security Requirement Binding. The requirement of the posting of any security shall be binding on the applicant and the applicant’s heirs, successors and assigns.
(12) Notification of Administrator. The public works director shall notify the town administrator in writing of the following:
(a) The improvements deferred;
(b) The amount of security or check deposited;
(c) The time limit of the security or check;
(d) The name of the bonding company and any pertinent information.
(13) Transfer of Responsibility. Whenever security has been accepted by the public works director, then no release of the owner or developer upon that security shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under security, and has provided security.
(14) Public Works Director Approval Required Prior to Transfer of Responsibility. The town shall not be required to permit a substitution of one party for another on any security, if the public works director, after review, determines that the new owner does not provide sufficient security to the town that the improvements will be installed when required.
(15) Proceeding Against Security. The town reserves the right, in addition to all other remedies available by law, to proceed against such security or other payment in lieu of. In case of any suit or action to enforce any provisions of this code, the developer shall pay the town all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the town requiring payment of such attorney’s fees. [Ord. 867, 2002.]
15.86.290 Appeals.
Any decisions made in the administrative process described in this section may be appealed to the hearing examiner pursuant to LCMC 15.12.130. [Ord. 867, 2002.]
15.86.300 Violations and penalties.
Violations of the provisions of this chapter will be a civil infraction and punishable under LCMC 15.135.330, 15.135.340 and 15.135.350, civil penalties. [Ord. 867, 2002.]