Chapter 14.56 STREETS AND SIDEWALKS

(1) The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day;

(2) The number of dwelling units to be served by the street may be used as an indicator of the number of trips but is not conclusive;

(3) Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.

(b) The classification of streets, including freeway/expressway, major arterial, minor arterial, collector, local access, access tract, alley and cul-de-sac generally shall be consistent with the Washington State Department of Transportation Design Manual, as defined in Chapter 14.08 and described in the City’s currently adopted EDDS. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 10, 2009)

14.56.020 Costs of Right-of-Way Installation and Improvements Borne by Applicant.

When rights-of-way improvements are required in conjunction with permit approval, all costs and expenses incident to the installation of rights-of-way to be dedicated to the public shall be borne by the applicant. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.025 Abutting Property Owner’s Duty to Maintain.

Whenever any right-of-way in the City has been improved by the construction of a landscape strip and/or sidewalk, the duty, burden and expense of the routine maintenance of such improvement shall be the responsibility of the property owner, or HOA if one is active, directly abutting on that side of such street along which such improvements have been constructed. Routine maintenance includes landscaping maintenance and removal of leaves and snow from sidewalks. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.030 Access to Lots.

Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.040 Access to Arterial Streets.

Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this subdivision onto this street unless no other access is possible. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.050 Entrances to Streets.

(a) All driveway entrances and other openings onto streets within the City’s planning jurisdiction shall be constructed so that:

(1) Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles traveling in abutting streets; and

(2) Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.

(b) Specifications for driveway entrances and driveway cuts are set forth in the currently adopted version of the EDDS for the City of Lake Stevens. If driveway entrances and other openings onto streets are constructed in accordance with the EDDS specifications and requirements, this shall be deemed prima facie evidence of compliance with the standard set forth in subsection (a) of this section.

(c) For purposes of this section, the term “prima facie evidence” means that the permit-issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection (a) of this section. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 11, 2009)

14.56.060 Coordination with Surrounding Streets.

(a) The street system of a subdivision shall be coordinated with existing, proposed, and anticipated streets outside the subdivision or outside the portion of a single property that is being divided into lots (hereinafter, “surrounding streets”) as provided in this section.

(b) Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

(c) Local access residential streets shall connect with surrounding streets, including existing temporary dead-ends, to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

(d) Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single property) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. The responsibility of restoring a temporary turnaround to its permanent condition shall be borne by the party connecting to the temporary turnaround. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 750 feet may be created unless no other practicable alternative is available.

(e) Whenever convenient access from a subdivision to adjacent schools, parks or other public facilities is not provided through the dedication and improvement of streets pursuant to this chapter, the developer, through coordination with the applicable agency, may be required to include an unobstructed easement of at least 10 feet in width and construct a pathway to provide such access. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 12, 2009)

14.56.070 Relationship of Streets to Topography.

(a) Streets shall be related appropriately to the topography. In particular, streets shall be designed to facilitate the drainage and stormwater runoff objectives set forth in Chapter 14.64, and street grades shall conform as closely as practicable to the original topography.

(b) The maximum grade at any point on a street shall be in compliance with EDDS Section 2-103 (Road Standards for Arterial and Non-Arterial Roads). However, in no case may streets be constructed with grades that, in the professional opinion of the Public Works Director or designee, create a substantial danger to the public safety. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 468, 1995)

14.56.080 Coordination with the Comprehensive Plan.

(a) Streets are intended to serve several functions. These functions vary depending on the classification of the street: (1) to carry motor vehicle traffic, provide on-street parking; (2) to provide for safe and convenient pedestrian and nonmotorized travel; and (3) to aid in managing stormwater. The requirements outlined in this chapter are intended to ensure these objectives are met.

(b) All existing and planned streets which the City deems necessary for the completion of the City’s transportation system are shown and classified in the City’s Transportation Element of the Comprehensive Plan. However, the list of planned streets is nonexhaustive and other streets may be proposed by a permit applicant or department director.

(c) Any permit application shall be reviewed for conformance with the Transportation Plan. If a planned street is shown to run through or adjacent to a property proposed for development, the proposal must include roadway dedication and improvements which are generally in conformance to the plan and meet the development standards identified in this chapter. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 903, Sec. 41, 2013; Ord. 811, Sec. 92, 2010; Ord. 796, Secs. 13, 14, 2009; Ord. 676, Sec. 49, 2003; Ord. 662, Sec. 4, 2002; Ord. 590, 1998; Ord. 468, 1995)

14.56.090 General Layout of Streets.

(a) All streets shall be straight whenever practicable to the extent necessary to preserve and continue a grid system, except that variations in alignment are allowed as a part of a traffic calming project. Traffic calming projects are expected to be constructed in the context of the grid system, not in conflict with it.

(b) The width of blocks should be that which is sufficient to allow for two tiers of lots (plus width of an alley or public utility easement, if any), unless existing conditions render such requirements undesirable or impractical.

(c) The length of residential blocks should range between 500 and 700 feet, unless no other practicable alternative is available. In blocks with a length in excess of 700 feet, the City shall require a public access easement of no less than 10 feet wide through the middle of the block to provide an internal pedestrian walkway, unless deemed impractical by the Planning and Community Development Director. The access easement shall include a five-foot-wide paved path.

(d) Streets shall be laid out so that the lengths, widths and shapes of blocks adequately:

(1) Provide suitable building sites for the type of use to be accommodated;

(2) Provide for subsequent construction to be able to comply with the zoning requirements;

(3) Address the limitations and opportunities presented by the topography;

(4) Address the need for convenient access, circulation, control and safety of vehicles and pedestrians.

(e) To the extent practicable, driveway access to arterials and collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

(f) Repealed by Ord. 1060.

(g) Where a property is subdivided into lots or tracts, the arrangement of lots and streets shall be such as to permit a later re-subdivision in conformance with the street and lot requirements specified in these regulations.

(h) There shall be no reserve strips controlling access to streets, except where such strips are required by the City.

(i) A subdivision containing 30 or more parcels shall have two vehicular access points, located at least 100 feet apart. This requirement may be waived if all adjacent properties are built-out, encumbered by critical areas, or the existing topography renders a second access technically infeasible. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 662, Sec. 5, 2002; Ord. 468, 1995)

14.56.100 Dead-End Streets/Cul-de-Sacs.

(a) Dead-end streets shall be avoided. Cul-de-sacs may be used only when conditions warrant their use:

(1) Whenever a dead-end street serves four or more units; or

(2) Extends more than 150 feet from edge of the intersecting right-of-way to the farthest extent of the road.

(b) When allowed under subsection (a) of this section, all permanent dead-end streets (as opposed to temporary dead-end streets; see Section 14.56.060(d)) shall provide an appropriate turnaround for the road type in accordance with the standards set forth in the City’s currently adopted EDDS. The City will consider the use of alternative turnarounds described in the EDDS on a case-by-case basis through the EDDS deviation process outlined in Section 14.56.135.

(c) Except where no other practicable alternative is available, such streets may not extend more than 500 feet (measured to the center of the turnaround).

(d) Repealed by Ord. 1060.

(e) Repealed by Ord. 1060.

(f) Private driveways serving no more than two dwelling units shall provide a means for residential vehicles to turn around, outside of the right-of-way, if the driveway extends more than 150 feet from the edge of right-of-way. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 903, Sec. 42, 2013)

14.56.110 Temporary Half-Streets.

(a) Temporary half-streets (i.e., streets of less than the full required right-of-way and pavement width) may be allowed at the discretion of the decision-making authority under the following conditions:

(1) Where such street, when combined with a similar street developed previously, simultaneously, or anticipated to be built within a reasonable time frame on property adjacent to the subdivision with development capacity, creates or comprises a street that meets the right-of-way and pavement requirements of this title.

(2) Where no more than 10 dwelling units will use the half-street as their sole means of access.

(3) Where a temporary half-street is allowed, the first half of the half-street to be built shall include two travel lanes, curb, gutter, sidewalk, planter strip and street trees, depending on the street classification.

(4) Where public right-of-way is being dedicated to the City over those portions of the property to be used as a half-street.

(b) Where a private access tract is used, and an adjacent property is capable of being short platted with a private access tract, such tracts shall be located, constructed and dedicated in such a way so as to allow them to be combined into one 40- or 50-foot right-of-way, depending on the applicable road standard. This requirement may be waived by the Planning and Community Development Director if the build-out of the full right-of-way will be significantly constrained by critical areas, existing topography, or a lack of development potential on the adjacent property. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.120 Street Intersections.

(a) Streets shall intersect at angles in compliance with EDDS Section 2-111. Not more than two streets shall intersect at any one point, unless the Public Works Director or designee certifies to the permit-issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.

(b) Spacing requirements, when connecting with arterial, nonarterial, or other driveway spacing, shall be in compliance with the currently adopted EDDS. Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. For spacing requirements between centerlines of the intersecting streets, refer to EDDS Section 2-111. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.130 Construction Standards and Specifications.

All public streets, sidewalks, curbs and gutters and other improvements shall be constructed in accordance with the currently adopted EDDS for the City of Lake Stevens. When feasible, applicants shall utilize Low Impact Development EDDS standards when constructing new public streets. All such facilities shall be completed in accordance with these standards except for deviations as provided for in Section 14.56.135 and modifications allowed for traffic calming purposes in compliance with the requirements contained in Section 14.56.260. In cases where there is a conflict between the EDDS and municipal code, the municipal code shall be the controlling document. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 903, Sec. 43, 2013; Ord. 796, Sec. 15, 2009; Ord. 731, Sec. 3, 2006)

14.56.135 Deviations to Construction Standards and Specifications.

Deviations to the EDDS may be granted by the Public Works Director when situations arise where alternatives to the standards may better accommodate existing conditions, overcome adverse topography or allow for more cost-effective solutions without adversely affecting safety, operations, maintenance or aesthetics pursuant to subsection (c) of this section.

(a) Unless otherwise specified in this title, deviations may only be granted for standards and specifications that relate to and implement the City’s currently adopted EDDS.

(b) Deviations shall be processed in accordance with the currently adopted EDDS.

(1) The deviation will achieve the intended result of the standards with a comparable or superior design and quality of improvement;

(2) The deviation will not adversely affect safety or operations;

(3) The deviation will not adversely affect maintenance and related costs;

(4) The deviation will not adversely affect the environment; and

(5) The deviation will not adversely affect aesthetic appearance.

(d) An annual report of deviation requests shall be submitted to the City Council. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 903, Sec. 44, 2013; Ord. 811, Sec. 92, 2010; Ord. 796, Sec. 16, 2009; Ord. 731, Sec. 3, 2006)

14.56.140 Construction Drawings Required Prior to Construction.

No right-of-way improvements shall be installed without first obtaining construction plan approval from the Public Works Director or designee. Said right-of-way improvement plans shall be certified by a licensed engineer for approval by the Public Works Director prior to starting construction. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 17, 2009)

14.56.150 Inspection of Public Improvements Required Prior to Issuance of Final Permits.

All public improvement work shall be inspected by the Public Works Director or designee prior to issuance of any final land use or building permit. (Ord. 1179, Sec. 16, 2024; Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.160 Residential Public Streets and Private Roads.

(a) Except as otherwise provided in this section, all lots created after the effective date of the ordinance codified in this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 14.56.030 (Access to Lots). For purposes of this section, the term “public street” includes a preexisting public street as well as streets created through a subdivision that meets the public street standards of this title and is dedicated for public use. The recordation of a plat shall constitute an offer of dedication of such street. For the purposes of subsections (b) through (d) of this section, an ADU constructed per this title shall not count as a dwelling unit.

(b) Private roads shall not be allowed in major subdivided developments. However, private access tracts may be allowed in all subdivisions.

(c) Private access tracts shall provide access for four or fewer dwelling units and shall include a delineated pedestrian facility. Where an existing private access tract is nonconforming with respect to minimum tract width or minimum pavement width, no additional dwelling units may take access off the tract without bringing it into conformance with this chapter.

(d) Access easements shall provide access to no more than two dwelling units. Where an existing access easement is nonconforming with respect to minimum easement width or minimum pavement width, no additional dwelling units may take access off the easement without the developer bringing it into conformance with this chapter. Access easements shall be a minimum of 20 feet in width and shall have a minimum paved surface of 18 feet for the two dwelling units accessed by that paved section of easement. The width of pavement may be reduced to a minimum of 10 feet if the length of the driveway is less than 50 feet. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 18, 2009; Ord. 590, 1998; Ord. 468, 1995)

14.56.165 On-Street Parking Required.

This section is intended to require guest parking spaces in new residential subdivisions in addition to the requirements of Chapter 14.72. On-street parking shall be provided on new public streets when such streets are created and dedicated through the subdivision process, subject to the following criteria:

(a) The minimum amount of on-street parking spaces that is required to be provided on public streets is one space per five residential parcels in each new subdivision. Dimensions of the parking spaces are subject to Section 14.72.030. When the number of parking spaces required results in a fractional space, rounding shall be calculated pursuant to Section 14.72.010(c).

(b) The above requirement shall only apply when the subdivision includes a new public street that is constructed to an EDDS standard that includes an on-street parking lane. The parking requirement applies to the whole subdivision, including those parcels accessed by shared driveways or private tracts, and not just those parcels that abut the public street.

(c) If the ratio of on-street spaces to residential parcels cannot be achieved on the new public street, then off-street public parking spaces are required at the same ratio.

(d) Where parking is provided off-street as described above, the parking strip can be eliminated, so long as the roadway meets applicable fire standards and an EDDS deviation is approved per Section 14.56.135. The off-street parking must be clearly identified with signage and striping and distributed throughout the entire subdivision. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.170 Right-of-Way Dedication and Frontage Improvements.

Right-of-way dedication to the public and frontage improvements are required for all new development unless the applicant or property owner shows the project qualifies for the exceptions described in this section. No building permit shall be issued for development until right-of-way dedication and frontage improvement requirements have been satisfied.

(a) Right-of-Way Width. The width of right-of-way dedication shall be determined in accordance with the roadway classifications defined in this chapter, the Comprehensive Plan and the classification standards with the adopted EDDS. Existing right-of-way widths matching or exceeding the current standards shall satisfy the width requirement. A reduction of right-of-way dedication width may be considered by the Public Works Director or his/her designee under the following conditions:

(1) Where critical areas or their buffers as defined in Chapter 14.88 exist within the proposed dedication area; or

(2) The dedication would deny reasonable economic use of the property under the standards of this title. The applicant or property owner must demonstrate all of the following to receive a reduction in right-of-way width dedication requirements:

(i) The allowed land uses cannot reasonably be accomplished; and

(ii) A reduction in the size, scope, configuration, density or consideration of alternative designs as proposed will not accomplish the project as allowed under existing land use regulations; and

(iii) In cases where the applicant has rejected alternatives to the project as proposed due to other constraints such as zoning or parcel size, the applicant must show there has been a reasonable attempt to remove or accommodate such constraints.

The application or property owner pursuing a reduction in right-of-way dedication width must use the deviation process specified in Section 14.56.135. Supporting documentation and applicable application fees shall be submitted with the deviation request.

(b) Frontage Improvements Required. Frontage improvements are required to be installed along the abutting public street frontage of the property to be developed. Resurfacing an existing public street to its centerline shall not be required for single-family or duplex development.

(1) “Frontage improvements” used in this section refer to the construction, reconstruction or repair of the following facilities along public rights-of-way abutting a property being developed per the applicable street classification:

(i) Curbs, gutters, bike lanes and sidewalks;

(ii) Planter strips (or tree wells);

(iii) Underground storm drainage and other utility facilities;

(iv) Resurfacing of the existing public street to the centerline; and

(v) Construction of new street within dedicated unopened right-of-way.

(2) Frontage improvements shall be constructed for the following new development:

(i) Subdivisions and short subdivisions;

(ii) Multifamily developments;

(iii) Binding site plans;

(iv) All other residential projects unless expressly exempt pursuant to subsection (b)(3) of this section or a waiver is granted in accordance with subsection (b)(5) of this section;

(v) Commercial projects;

(vi) Municipal or agency building projects; and

(vii) Industrial projects.

(3) Frontage requirements related to the construction of a single-family or duplex dwelling unit shall be considered completed provided the following exceptions apply:

(i) An existing lot in an existing single-family subdivision, short plat, or binding site plan where the lots are fully developed and frontage improvements were constructed to the standards in effect at the time of final plat recording; or

(ii) A new single-family residence on an existing lot or replacement of an existing single-family residence where there are no frontage improvements meeting City standards constructed within 200 feet of the lot or improvements identified through an approved subdivision and potential exists for future development.

(4) The granting of an exception or waiver as outlined in subsection (b)(3) or (5) of this section does not waive the property owner’s requirement to dedicate right-of-way as established in this section.

(5) The Public Works Director may accept a fee in lieu of constructing frontage improvements for new development when the applicant or property owner demonstrates that at least one of the following conditions exist:

(i) There are no existing sidewalks along the same side of the street within two adjacent lots or 100 feet, whichever is less, of the property on either side or on one side for corner lots on each frontage;

(ii) Construction of frontage improvements will adversely impact critical areas that cannot be adequately mitigated in accordance with Chapter 14.88 or the State Environmental Policy Act pursuant to Title 16;

(iii) A safety issue is created by constructing the frontage improvements;

(iv) A public roadway improvement project is scheduled and fully funded for construction and said project includes the adjacent site frontage.

The applicant or property owner shall apply for a waiver using the deviation process specified in Section 14.56.135. The application shall address how the criteria set forth in Section 14.56.135(c) are met and how the applicable conditions in this subsection above apply to the project. Any supporting documentation and applicable application fees shall be submitted with the deviation request.

(c) Dedication of Right-of-Way. Dedication of right-of-way is required to be executed prior to building permit issuance or final project approval. For subdivisions, short subdivisions and binding site plans, the dedication shall be required on the final recording documents. For projects that are not part of a subdivision of land, the applicant shall submit the required executed documents on forms provided by the City. The City shall record the documents upon obtaining the appropriate City signatures and the applicant or property owner pays the recording fees.

(d) Acceptance of Frontage Improvements. The Public Works Director or designee may approve an extension for the completion of the improvements for up to one year if the Public Works Director or designee receives a surety bond or equivalent cash deposit ensuring the timely completion of the improvements. Said surety bond shall meet the requirements set forth in Section 14.16A.180 (Security Mechanisms).

(e) State or Federal Law. Where an applicant demonstrates under applicable State or Federal law that the required dedication or improvements are unlawful, the Public Works Director or designee, to the extent the obligation is unlawful, shall not require the dedication or improvements required by this section as a condition of final acceptance or of building permit issuance.

(f) Appeal of Director Decision. Any appeal of the Director or designee’s determination shall be processed using the appeal processes specified for the underlying application pursuant to Section 14.16A.265. A timely appeal shall be required in order to constitute an exhaustion of remedies under this section. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 916, Sec. 2 (Exh. 1), 2014)

14.56.180 Road and Sidewalk Requirements in Unsubdivided Developments.

(a) Within unsubdivided developments, which includes multifamily, commercial and industrial developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be determined by the provisions of this title dealing with parking (Chapter 14.72) and drainage (Chapter 11.06). To the extent not otherwise covered in the foregoing chapters, and to the extent that the requirements set forth in this chapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this chapter may be applied to satisfy the standard set forth in the first sentence of this subsection.

(b) Whenever a road in an unsubdivided development connects two or more collector or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated to the public. In other cases when roads in unsubdivided developments within the City are constructed in accordance with the specifications for subdivision streets, the City may accept an offer of dedication of such streets.

(c) In all unsubdivided residential development, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities.

(d) Whenever the permit-issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer, through coordination with the applicable agency, may be required to reserve an unobstructed easement of at least 10 feet to provide such access.

(e) The sidewalks required by this section shall be at least five feet wide and constructed according to the specifications set forth in the currently adopted EDDS. Alternative pedestrian facilities may be considered on a case by case basis through an EDDS deviation. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 20, 2009)

14.56.190 Off-Site Traffic Mitigation.

Repealed by Ord. 1060. (Ord. 811, Sec. 58, 2010)

14.56.192 Collection of Pre-Annexation Traffic Mitigation Fees.*

The City may collect traffic impact mitigation fees, imposed by the County, where the subject property has been annexed to the City. The City may condition the issuance of building permits or a certificate of occupancy on the payment of such fees. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 859, Sec. 1, 2011)

* Code reviser’s note: Section 3 of Ordinance 859 adopts sections of the Snohomish County Code concerning mitigation fees and concurrency determination. The text of these sections is attached as Exhibit 1 to the ordinance, on file with the City Clerk’s office.

14.56.200 Attention to Disabled Persons in Street and Sidewalk Construction.

(a) Whenever curb and gutter construction is used on public streets, wheelchair ramps for disabled persons shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the Washington State Building Code addressing accessibility.

(b) In unsubdivided developments, sidewalk construction for disabled persons shall conform to the requirements of the chapter of the Washington State Building Code addressing accessibility. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 468, Sec. 2, 1995)

14.56.210 Street Names and House Numbers.

Street names and house numbers assigning procedures are hereby established by policy. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 539, 1997; Ord. 515, Sec. 1, 1996; Ord. 468, Sec. 2, 1995)

14.56.220 Bridges.

All bridges shall be constructed in accordance with the standards and specifications of the Washington State Department of Transportation and the Washington State Department of Fish and Wildlife, except that bridges on roads not intended for public dedication may be approved by the Public Works Director, if designed by a licensed architect or engineer and approved by the Washington State Department of Fish and Wildlife. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.230 Utilities.

Utilities installed in public rights-of-way or along private roads shall conform to the requirements set forth in Chapter 14.60 (Utilities). (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.240 Vacations of Public Rights-of-Way.

Applications for vacations of public rights-of-way shall be processed according to Section 14.16C.095. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 811, Sec. 59, 2010)

14.56.250 Right-of-Way Permit Required.

Prior to performing any work within a public right-of-way, the person performing the work shall obtain a right-of-way permit from the Public Works Director, who may condition the permit as necessary to protect the public health, safety and welfare. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 468, 1995)

14.56.260 Implementation of Traffic Calming Techniques.

(a) The standards contained within this chapter may be varied on new roads or modifications of existing roads for the purpose of implementing traffic calming techniques and the following criteria are met:

(1) There is a demonstrated need for calming (i.e., not an excuse to build substandard roads).

(2) The modifications are limited to the least amount necessary to implement the desired technique.

(3) It is demonstrated to the satisfaction of the Lake Stevens Public Works Department that the proposed techniques will be effective in achieving their objectives.

(4) The proposal does not result in the level of service (LOS) dropping lower than the adopted standard for any City road.

(5) The proposal does not create a traffic hazard.

(6) The proposal does not come at cost of bike lane or pedestrian access.

(7) Developers who install traffic calming techniques are encouraged to also incorporate low impact development techniques for stormwater management. Toward that end, projects may incorporate storm facilities in lieu of landscape strip.

(8) The proposal must be acceptable to Public Works for purposes of not creating undue maintenance needs and for ensuring the replacement life of the facilities is acceptable relative to the costs of replacing the facilities.

(9) The proposal must be acceptable to the Fire and Police Chiefs for public safety purposes.

(10) For modifications to existing streets where significant use of on-street parking already occurs, the proposal must accommodate on-street parking.

(11) The proposal must accommodate installation of utilities to adopted standards. The proposal does not significantly increase the potential to adversely impact the environment than would building a standard street.

(12) The proposal does not significantly impact residents’ access or adversely impact adjacent or nearby properties.

(b) Prior to approval of modifying an existing street not associated with a land use development, the City Council shall conduct a public meeting to solicit input from people in the affected neighborhood. In making a decision whether to approve a proposal, the Council shall consider public testimony in regards to the previous criteria, and any other information which demonstrates the appropriateness of the proposal.

(c) For new streets in new developments, public comments and testimony shall be afforded through the process set forth for the land use permit associated with the new development. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 796, Sec. 21, 2009; Ord. 662, Sec. 6, 2002)

14.56.270 Private Landscape Usage of Public Right-of-Way.

(a) Right-of-way dedicated for the purpose of public use may be used by an adjacent private property owner for landscape enhancement as described in subsection (b) of this section, or as described in subsection (c) of this section if approved in writing by the Public Works Director, and provided the enhancement does not:

(1) Occur within a right-of-way adjacent to a designated state route without prior approval from WSDOT of the proposed enhancement; and

(2) Create a sight distance condition for both the public and the adjacent properties within the public right-of-way; and

(3) Impact or alter existing drainage flows or existing drainage systems within the right-of-way; and

(4) Obstruct pedestrian movement as existing prior to any enhancement work; and

(5) Come within three feet from the edge of the existing driving lane; and

(6) Have a casted cement concrete, asphalt, or metal foundation; and

(7) Add additional impervious surface; and

(8) Create a glare from the sun or headlights that affect users of the public right-of-way; and

(9) Have electrical power service; and

(10) Require mechanical excavation for placement; and

(11) Include a sign or moving object (i.e., wind- or self-power-operated yard display); and

(12) Create a health, safety, and welfare concern or issue to the public as determined by the Public Works Director.

(b) Private enhancement allowed within the public right-of-way requires the approval of the Public Works Director unless included in the following:

(1) Manicured lawn.

(2) Ground cover, bushes, shrubs and plants.

(3) City-approved street trees.

(4) Nonstructure landscaping walls less than three feet in height.

(5) Paver bricks and concrete patio type step blocks.

(6) Landscaping rocks no larger than six inches at the widest point.

(7) Landscaping bark.

(8) Mailbox.

(9) Irrigation system up to five-eighths-inch in diameter pipe size.

(10) Gravel shoulder using a crush surface base course material with fines that allows for compaction.

(c) Requests for an approval for the placement of a vegetative landscape enhancement within the public right-of-way not included in subsection (b) of this section shall be submitted in writing to the Public Works Director or designee. The request must include a detailed description of the proposed enhancement and a sketch showing the location of the proposed enhancement. The Public Works Director or designee shall provide a written response to all requests either approving or denying approval. If a request is denied, an explanation will be provided. The decision of the Public Works Director or designee shall be final and conclusive and there shall be no right of appeal.

(d) A right-of-way permit per Section 14.56.250 will be required prior to private enhancement being placed in the public right-of-way with the following private enhancements being exceptions:

(1) Manicured lawn.

(2) Ground cover, bushes, shrubs and plants.

(3) Paver bricks and concrete patio type step blocks.

(4) Landscaping bark.

(e) Any private enhancement placed within the public right-of-way may be required by the City to be removed at some future date. When practical, the City shall give 15 calendar days’ notification to the adjacent property owner to remove such enhancement. In the event that the adjacent property owner does not remove such enhancements following the 15 calendar days’ notification or the Public Works Director determines that an immediate action is needed, such as a safety, weather related, or part of a construction project, that requires the use of the public right-of-way, the City may take immediate action to remove any enhancement within the public right-of-way. The costs of such abatement by the City shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.

(f) The owner of the adjacent property is responsible for the maintenance of private enhancement along its frontage and sides. If maintenance is needed for public safety, the City may perform the work without notification to the property owner. The costs of such maintenance shall be deemed costs of abatement and shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.

(g) The City shall not be responsible to protect, preserve, or return any enhancements removed from the public right-of-way. No reimbursement will be made by the City for any loss, removal, or damage to said enhancements within the public right-of-way.

(h) The City’s cost of abatement or costs of maintenance shall be the City’s actual costs plus an administrative fee of not less than 15 percent.

(i) Enhancements installed and maintained in accordance with the provisions of this section shall not be deemed a nuisance under Section 9.60.170. (Ord. 1179, Sec. 16, 2024; Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 843, Sec. 1, 2011)

14.56.280 Complete Streets.

(a) The City of Lake Stevens should, to the best of its ability, and subject to the limits of its financial resources, plan for, design and construct new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, motor vehicle drivers, public transportation users and drivers, people of all ages and abilities including, but not limited to, children, youth, families, older adults, and individuals with disabilities.

(b) Exceptions. Exceptions to this policy may be determined by the Public Works Director, City Engineer, Mayor, City Council, City Administrator or designee. Facilities for pedestrians, bicyclists, transit users, motorists, and/or people of all abilities are not required to be provided:

(1) Where their establishment would promote or accommodate uses of the street that are prohibited by law;

(2) Where their establishment would be contrary to public health and safety;

(3) Where there is no City-identified need;

(4) Where ordinary maintenance activities, designed to keep assets in serviceable condition (e.g., striping, cleaning, sweeping, spot repair and pavement preservation), would be wholly or partially impeded;

(5) Where the costs associated with planning and implementing “complete streets” is, or would be, disproportionate to the current need or future benefit;

(6) Where a documented exception or deviation has been granted by the Public Works Director, City Engineer or designee;

(7) Where implementing “complete streets” practices on a small project would create a short section of improvements that create problematic transitions on either end or that are unlikely to be followed by similar improvements at either end which result in little to no progress toward implementing “complete streets”;

(8) Where implementing “complete streets” practices would have an adverse impact on environmental resources including, but not limited to, streams, rivers, lakes, wetlands, floodplains or historic structures/sites beyond the impacts of existing infrastructure;

(9) Where implementing a “complete streets” practice would be contrary to or conflict with the City’s adopted street design standards and/or the City’s adopted Transportation Improvement Plan. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 965, Sec. 1, 2016)

Part II. Street Assessment Reimbursement Agreements

14.56.300 Purpose.

This part implements and makes available to the public the provisions of Chapter 35.72 RCW as the same now exists or may hereafter be amended. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.310 Authorization.

The Public Works Director is authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by State law; provided, such application substantially conforms to the requirements of this chapter. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.320 Applications.

Applications for the establishment of an assessment reimbursement area shall be accompanied by the application fee as set by the City Council by resolution and shall include the following items:

(a) Detailed construction plans and drawings of the entire street project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer.

(b) Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration.

(c) A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.

(d) A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within said area.

(e) A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.

(f) Envelopes addressed to each of the record owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided.

(g) Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.340 Assessment Methods.

The Public Works Director shall use a method of assessment which is based on the benefit to the property owner from the project, which may include the methods of assessment authorized in Chapter 35.44 RCW for local improvement districts. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.350 Notice to Property Owners.

Prior to the execution of any contract with the City establishing an assessment reimbursement area, the Public Works Director or designee shall mail, via registered mail, a notice to all record property owners within the assessment reimbursement area as determined by the City on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:

As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rata share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within _______ (__) years of the date a contract establishing such area is recorded with Snohomish County provided such development would have required similar street improvements for approval.

You have a right to request a hearing before the City Council within twenty (20) days of the date of this notice. All such requests must be made in writing and filed with the City Clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract.

(Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.360 City Council Action.

If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of the hearing shall be given to all affected property owners in addition to the regular notice requirements specified by this part, the cost of which shall be borne by the applicant. At a hearing the City Council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required and shall authorize the execution of appropriate documents. The City Council’s ruling on these matters is determinative and final. If no hearing is requested, the Council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners. (Ord. 1060, Sec. 2 (Exh. B), 2019)

14.56.370 Contract Execution and Recording.

(a) Within 30 days of final City Council approval of an assessment reimbursement agreement, the applicant shall execute and present such agreement for the signature of the appropriate City officials.

(b) The agreement must be recorded in the Snohomish County Recorder’s Office within 30 days of the final execution of the agreement.

(c) If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement. (Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 468, 1995)