Chapter 21.60 RESIDENTIAL DESIGN STANDARDS

The following design criteria address the street, block and lot layout, landscaping and aesthetic design of residential subdivisions and short subdivisions and are intended to create attractive and safe neighborhoods and networks for pedestrians, bikes and vehicular travel within Oak Harbor. The criteria promote “walkable” neighborhoods which contribute to the efficient and comfortable movement of pedestrians within Oak Harbor, and a reduction in the growth of vehicle trips, in accordance with the comprehensive plan policies. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.020 Applicability.

The design standards contained in this chapter shall apply to all residential subdivisions or short subdivisions of land within the city of Oak Harbor, unless stated otherwise, and are in addition to the general design standards of Chapter 21.50 OHMC. These standards do not apply to the division of land for commercial or industrial use. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.030 Relationship to other plans required by this title.

All improvements required by this chapter for land divisions must be shown on the preliminary plat site plan or short subdivision map, as applicable. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.040 Blocks – Configuration.

Blocks shall be deep enough to allow two tiers of lots, except where:

(1) There is an abutting principal or minor arterial defined in the transportation element of the comprehensive plan;

(2) The location and extent of environmental constraints prevents a two-tiered lot arrangement;

(3) Unusual shape or small size of the lot prevents a two-tiered lot arrangement;

(4) A single-tiered lot arrangement may be permitted on the boundary of a residential subdivision or short subdivision bordering existing nonresidential development;

(5) Prior to approval of a single-tier lot configuration based on exceptions in subsection (1), (2) or (3) of this section, the proponent has demonstrated to the city that a different layout or provision of an alley system is not feasible;

(6) Clustering and lot densification is utilized to incorporate preservation of native vegetation and the use of stormwater low impact development techniques. (Ord. 1784 § 94, 2016; Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.050 Blocks – Size.

(1) Blocks shall be a maximum of 800 feet in length, as defined in Chapter 21.10 OHMC.

(2) Blocks may be up to a maximum of 1,000 feet in length, provided:

(a) The applicant has demonstrated, through written materials, drawings, and illustrations, submitted as part of the plat application, that an exceptional circumstance exists. Exceptional circumstances are steep topography (exceeding 10 percent), a critical area designated in the comprehensive plan or delineated in a critical areas report; and

(b) An alternative block pattern is proposed which achieves the purpose of this chapter; and

(c) A mid-block pedestrian/bike connection conforming to the design standards of this chapter is provided for all blocks over 800 feet in length. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.060 Local residential streets – Alternative designs.

The following process for reviewing alternative street designs applies to local residential streets only. The city has a two-tiered process for reviewing alternative local residential street designs which do not meet the requirements in Table 21.50-1:

(1) In the first tier, applicants for residential subdivisions may request to vary from the standard designs in Table 21.50-1 for local residential streets. Such requests must continue to provide all of the essential elements listed in OHMC 21.60.070. These types of alterations are reviewed administratively through an adjustment application under a Type II review process.

(2) In the second tier, applicants may propose unique local residential street designs which eliminate one or more of the essential elements found in OHMC 21.60.070 under a Type IV review process which shall be reviewed by planning commission at the time the preliminary plat is reviewed. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.070 Local residential streets – Adjustment application for alternative designs.

The director may, at the request of an applicant, allow adjustments under a Type II review process to the local residential street sections specified in Table 21.50-1, Required Street Improvements, in residential subdivisions. If an adjustment is requested, it must meet both provisions in subsections (1) and (2) of this section.

(1) All of the “essential elements” continue to be provided in the street design. Essential elements are:

(a) Pedestrian facilities must be provided on both sides of the street unless the utilization of low impact development in the form of adjacent biofiltration facilities prevents functional application of this requirement. Pedestrian facilities must be a minimum of five feet in width, but need to be either concrete (pervious or impervious) or hard-packed gravel. However, hard-packed gravel surfaces may only be provided adjacent to critical areas, and shall not be provided adjacent to residential lots.

(b) Adequate public parking is provided. In place of on-street parallel parking lanes, applicants for residential subdivisions may provide public parking in the form of head-in parking, diagonal parking, parking courts, or parking in side alleys. A minimum of one public parking space per two residential units in the subdivision must be provided, whether or not parking is provided in on-street parallel spots, or an alternative design (parking courts, parking alleys, etc.) or a combination. Public parking spaces must meet the parking space size and access requirements specified in OHMC 19.44.110, with the exception of on-street parallel spaces which shall be eight feet in width by 20 feet in length. The public parking spaces must be interspersed throughout the subdivision or short subdivision and within convenient walking distance to all units.

(c) A landscaping element which has a total dimension of 10 feet in width. The landscape element may be one or more landscape strips located within the street section. No single landscape strip may be less than three feet in width. Low impact development (LID) bioretention and stormwater treatment facilities qualify as landscaping elements.

(d) Two minimum 10-foot-wide travel lanes.

(2) A narrative is provided which describes how the proposed design will meet all of the following:

(a) How the proposed street section will provide an equal or better street design for vehicles and pedestrians.

(b) The proposed design will not compromise vehicle or pedestrian safety.

(c) Public utilities, such as storm, sewer and water, can continue to be provided, as necessary to serve the development.

(d) All comprehensive plan designated vehicular and pedestrian connections will continue to be provided. (Ord. 1784 § 95, 2016; Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.080 Local residential streets – Waiver application for alternative designs.

(1) Applicants for residential subdivisions or short subdivisions may also propose alternative local residential street designs which do not contain all of the essential elements listed in OHMC 21.60.070. The waiver will be reviewed by the planning commission under a Type IV review as specified in OHMC 18.20.260 and must be reviewed concurrently with the preliminary plat application.

(2) If an applicant is proposing to eliminate one or more essential elements listed in OHMC 21.60.070 through the waiver process, all of the criteria for adjustment contained in OHMC 21.60.070(2) must be met. In addition, applicants must meet criteria in subsections (2)(a), (b), and (c) of this section and also meet either criterion in subsection (2)(d) or (e) of this section.

(a) There are unique site conditions (topography, critical areas or size and/or shape of the site) not common to other residential sites, which necessitate street designs that do not have all of the essential elements listed in OHMC 21.60.070(1);

(b) Essential elements which have been eliminated from the street design are unnecessary either from a functional (pedestrian or automobile movement) or safety standpoint;

(d) The applicant proposes to offset the loss of the essential element by replacing it with another element (i.e., bike lanes in place of landscaping) within the street section; or

(e) The unique site conditions limit the applicant’s ability to provide either the essential elements listed in OHMC 21.60.070 or any replacement elements referenced in subsection (2)(d) of this section. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.090 Local residential streets – Submittal requirements for alternative street designs.

Requests for alternative local residential street designs either under the adjustment or waiver processes must be received from the applicant at the time of preliminary plat submittal and must contain the following:

(1) Section drawings prepared by an engineer certified in the state of Washington that clearly illustrate the proposed street improvements.

(2) Written rationale for requesting to vary from the local residential street improvements which meets all of the criteria in OHMC 21.60.070(2) (if adjustment or waiver is pursued) and the criteria in OHMC 21.60.080(2) (if waiver is pursued). (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.100 Local residential streets – Layout.

The street pattern utilized for short subdivisions and subdivisions shall be a grid or modified grid, with four- or three-way intersections designed at right angles. Blocks shall be rectilinear. The grid or modified grid street pattern may be adjusted to a curvilinear street pattern where the following factors are present on site:

(1) Infeasible due to steep topography (exceeding 10 percent) or presence of critical areas designated in the comprehensive plan; or delineated in a critical areas report in accordance with the requirements of OHMC Title 20; and/or

(2) Substantial improvements exist on adjacent properties which inhibit a grid or modified grid pattern; and/or

(3) In lieu of the requirement for a grid or modified grid street pattern, alley access is an acceptable street pattern, in accordance with the requirements of OHMC 21.50.090. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.110 Local residential streets – Limitations on dead ends.

Dead-end streets may only be permitted in residential subdivisions or short subdivisions by the city engineer where, due to demonstrable physical constraints, no future connection to a larger street pattern is physically possible.

Dead-end streets shall only be allowed where:

(1) There exists an exceptional circumstance of steep topography (exceeding 10 percent), a critical area identified in the comprehensive plan or delineated in a critical areas report, or existing development which prohibits a stub street or connection to the adjacent property;

(2) The street length for the dead end as measured from the intersection to the terminus is no longer than 400 feet;

(3) The design of the dead-end turnaround has been approved by the city engineer and the fire department. Oak Harbor encourages alternative dead-end designs which reduce stormwater impacts and use less space. Dead-end designs shall meet minimum turning radius requirements for appropriate design vehicles;

(4) A pedestrian/bike connection has been provided for connectivity or future connectivity at the terminus of the dead end constructed to the standards in OHMC 21.60.210 through 21.60.240; or

(5) A temporary turnaround may be approved when connections to adjacent properties cannot be extended at the time of development, but will be provided in the future and such temporary turnaround is required for emergency vehicles. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.120 Access easements – When allowed.

The city may, at the request of the applicant and as permitted by the Oak Harbor zoning code, allow access to residential lots created through a short subdivision by alternative means in the form of shared drives and private streets. The purpose of the provisions in this section through OHMC 21.60.140 is to optimize the opportunity for efficient and compatible use of land and infrastructure within city limits and where full public street improvements are not needed to serve the development. Alternative access may be provided when the applicant demonstrates that all of the following criteria have been met as part of the short subdivision application:

(1) Public utilities can be accommodated in the access easement or other easements on the site;

(2) The access easement will not compromise pedestrian, bicyclist, or vehicular safety and will provide for efficient traffic movement within the short subdivision and connecting to the surrounding circulation system;

(3) A public street is not necessary to provide access to a future developable area;

(4) A site contains steep topography (exceeding 10 percent) or a critical area(s), and the use of an access easement would reduce impacts to those areas. If a site contains steep topography or critical areas, criteria in subsections (1) through (3) of this section must continue to be met; and

(5) The access easement must conform to the requirements of the transportation element of the comprehensive plan, OHMC 21.60.130, and all other relevant street and utility standards as adopted by the city which are on file with the city clerk. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.130 Access easements – Design.

(1) Shared drives and private streets shall, at a minimum, be constructed to the following standards:

Table 21.60-1
Access Easement Dimensions
Feature	Shared Drives	Private Streets
Pavement width	Minimum 16 feet for up to 2 units, or 20 feet for 3 or more units	Minimum 20 feet
Sidewalk	N/A	5 feet, one side only
On-street parking	N/A	Optional. If provided, parallel parking must be 8 feet wide. The public parking requirements from OHMC 21.60.070 must be met.
Maximum length	150 feet	400 feet
Turnaround required?	N/A	Yes, if more than 150 feet in length, or as required by the city engineer.

(2) Shared drives may be created which access a total of four residential units in any combination of single-family detached units and/or duplex units.

Shared drives may be connected to private streets as long as the total number of units served by the private street does not exceed nine.

(3) Private streets may be created which access a total of nine residential units in any combination of single-family detached units and/or duplex units.

Where a private street intersects a public street, signage shall be placed at the entrance to the private street indicating that the street is private and is not maintained by the city of Oak Harbor.

(4) All land divisions with more than nine residential units accessing the same street must provide public streets that meet the configurations described in Table 21.50-1. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.140 Access easements – Utility services.

A maximum of two lots can be served by private utility side services within an easement, unless the city engineer determines that a public utility main is necessary for adequate area service. Three or more lots served within an easement will require public utilities. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.150 Street trees – Requirement.

Street trees shall be required along both sides of local residential streets. The purpose of street trees is to improve the visual quality of streets, improve the pedestrian environment, and provide the environmental benefits of improved air quality, reduced stormwater impacts, and reduced heat island effects associated with large paved areas. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.160 Street trees – Species.

The following standards shall apply to the installation of street trees on any local residential street containing landscape strips within a subdivision or short subdivision.

(1) Street trees of a species specified in Table 21.60-2 shall be planted in the designated landscape strip within the public right-of-way, with a maximum spacing of 30 feet along frontage for all divisions of land and on both sides of any public street. Landscape strip minimum dimensions are contained in Table 21.50-1.

(2) At the time of planting, all street trees shall be a species listed in Table 21.60-2, Street Tree Species, or as otherwise approved by the director.

(3) The following table identifies tree species acceptable to the city of Oak Harbor:

Table 21.60-2
Street Tree Species
Species	Characteristics
Armstrong maple	Common deciduous landscape tree. Fast growing, typically to 40 feet, with brilliant fall color. May be appropriate in a native setting.
Red sunset maple	Common deciduous landscape tree. Fast growing, typically to 40 feet, with brilliant fall color. May be appropriate in a native setting.
Paper bark maple Acer griseum	Small, compact tree appropriate as a street tree.
Japanese hornbeam Carpinus japonica	Deciduous tree, mid-size, compact tree recommended for street tree use.
Lavelle hawthorne Crataegus lavelle	Appropriate for street tree use.
Little leaf linden Tilia cordata	Small deciduous tree reaching height of 30 feet. Tolerant of urban conditions.
Autumn brilliance serviceberry Amelanchier arborea	Slow growing, small, compact tree.

(Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.170 Street trees – Maintenance and protection.

To protect their function, define management responsibilities, and protect the health of the street trees, the following language shall be placed on face of the plat:

Street trees planted in the designated landscape strip along the frontage of all lots, in accordance with the approved landscape plan associated with the residential plat of ________, shall be maintained by the property owners of lots directly adjacent to the location of the street trees. The replacement of street trees for those that have died is the responsibility of the adjacent property owners. The location and tree species for replacement street trees must be in conformance with the approved landscape plan for the plat or as approved by the director and shall not obstruct the travel lane or parking stalls at full maturity. If property owners do not maintain street trees, the City of Oak Harbor may choose to maintain these trees and invoice the adjacent property owner for the cost of the work.

(Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.180 Landscape buffer – Requirement.

A landscaped buffer shall be required along all minor arterial roads for a width of at least 25 feet abutting all standard residential subdivisions. The purpose of the landscape buffer is to minimize the impact of the roads on adjacent residential uses, encourage tree preservation and planting, and to create visually attractive corridors along these roadways. The landscape buffer shall be established as a separate tract on the face of the plat. (Ord. 1784 § 96, 2016; Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.190 Landscape buffer – Design.

The landscape buffer may incorporate either natural vegetation, applicant proposed vegetation or a combination of both. The purpose of the following requirements is to provide a complete buffer which contains overstory, understory and groundcover vegetation.

(1) The landscape buffer shall include the following landscaping:

(a) Trees planted 30 feet on center along the entire length of the edge closest to the arterial road, and no closer than 10 feet from this edge of the buffer to avoid conflicts with the required utility easement.

(b) Shrubs and bushes to provide 90 percent cover of the buffer area within two years; drought-tolerant, low-maintenance varieties are required.

(c) Sufficient shrubs and bushes to provide a continuous four-foot-high visual screen of the arterial road from within the land division. The plantings must not restrict sight distance at intersections.

(d) In addition to the street trees identified in subsection (1)(a) of this section, throughout the entire buffer area a mix of deciduous and coniferous trees, of a species determined suitable by the city of Oak Harbor, shall be provided at a planting density of at least one tree for every 400 square feet of the buffer area.

(e) All required plantings in the buffer shall avoid conflicts with public utilities and the species shall be selected to avoid root damage to sidewalks, streets and curbing.

(f) The dual use of landscaped buffers as LID stormwater management facilities is encouraged; provided, that the purpose and character of the landscaping is not compromised.

(2) Those areas of the landscape buffer where suitable natural vegetation of understory and ground cover and healthy stands of trees not prone to windthrow or blow-down, after adjacent areas have been cleared, may be retained as substitute for the required landscaping in subsection (1) of this section, provided:

(a) Trees are planted as in accordance with subsection (1)(a) of this section;

(b) Evergreen ground cover is present in accordance with subsection (1)(b) of this section;

(d) The minimum number of trees are present in accordance with subsection (1)(d) of this section.

(e) Trees which pose a safety hazard from windthrow, as determined by an arborist, must be removed. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.200 Landscape buffer – Maintenance and protection.

To protect their function, define management responsibilities, and protect the health of the landscape buffers, the following language shall be placed on face of the plat:

(1) Tract(s) ______, are set aside as landscape buffers. No vehicular access to the adjacent roadway is permitted through the tract(s) to protect vegetation and planting areas for their environmental and aesthetic value to the community; and

(2) Maintenance of Tract(s) ________ shall be the responsibility of the home owners association and not the City of Oak Harbor. If the association disbands, maintenance responsibility for Tract(s) defaults to the individual lot owners within the boundaries of the originally approved residential subdivision. If the landscape buffer is not maintained, the City of Oak Harbor may choose to impose a fee structure or invoice the property owners within the boundaries of the originally approved residential plat to maintain landscape buffers.

(3) All vegetation shall be maintained to preserve the health of the buffer plantings and to maintain the landscaping in a manner that conforms to the original landscape and maintenance plans associated with the residential plat approval, including replacement of dead or diseased plantings.

(4) Trees deemed to be a hazard by a professional arborist certified in the State of Washington may be removed, subject to approval by the City of Oak Harbor. Removed trees must be replaced. The city reserves the right to exempt the requirement for an Arborist’s assessment if the tree is obviously a hazard, diseased, or dead.

(5) No dumping of vegetation or debris is allowed in buffer tract(s).

(6) No structures are allowed in buffer tract(s).

(Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.210 Pedestrian/bike connections – When required.

Pedestrian/bike connections shall be integrated into the design of subdivisions to enhance the connectivity throughout the plat. They should generally be placed in locations shown in the comprehensive plan. The applicant shall install pedestrian/bike connections in subdivisions and short subdivisions in any of the following circumstances:

(1) Sidewalks shall be provided along both sides of public streets in accordance with Table 21.50-1, unless an adjustment or waiver is requested in accordance with OHMC 21.60.070 or 21.60.080;

(2) If the pedestrian/bike connection is necessary to provide noncircuitous pedestrian and/or bike access to a park, open space, or activity center within or adjacent to the subdivision;

(3) Mid-block pedestrian/bike connections for blocks that are over 800 feet long;

(4) Pedestrian/bike connections shall be provided to all adjacent uses at no greater than 800-foot intervals. The location of these connections must be coordinated between property owners. Specific connections to adjacent uses may be waived if:

(a) The applicant has exhibited through written materials, drawings, and illustrations, submitted as part of the plat application, that this is impractical or unsafe due to:

(i) Existence of an exceptional circumstance. Exceptional circumstances are steep topography (exceeding 10 percent), critical areas designated in the comprehensive plan or delineated in a critical areas report or existing development;

(ii) The land use characteristics of the adjacent use or potential use as determined by the comprehensive plan land use designation; or

(b) An alternative connection to a bordering street can provide a noncircuitous route to the adjacent use; and

(c) An easement or dedication for future connection is provided to properties which have a reasonable likelihood of redeveloping as determined by the director. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.220 Pedestrian/bike connections – Design.

This section provides the minimum design requirements for pedestrian/bike connections which are required by OHMC 21.60.210. Sidewalks do not need to meet the standards specified in this section. Pedestrian/bike connections which meet the design standards in this section and the safety standards in OHMC 21.60.230 may be counted as active open space in planned residential developments.

(1) Pedestrian/bike connections shall be built to the following standards:

(a) Be constructed within an easement 20 feet wide;

(b) The pedestrian/bike connection itself shall be either concrete or asphalt (pervious or impervious) and be a minimum of 10 feet wide;

(c) Hard-packed gravel may be used for walkway surface in areas adjacent to critical areas designated in the comprehensive plan or delineated through a critical areas report;

(d) A landscape strip of five feet shall be provided on either side with 100 percent ground cover and deciduous trees planted at a maximum 30-foot interval with no less than two trees on each side of the pedestrian bike connection. Ground cover shall be low-maintenance, drought-tolerant varieties. Bark mulch and wood chips are not allowed in landscaped areas adjacent to the pedestrian/bike connection.

(2) Fencing along pedestrian connections shall comply with Chapter 19.46 OHMC and shall not be constructed of chain link, plastic, or vinyl strips.

(3) Lots should front on the pedestrian/bike connection, where possible, to provide visual access and safety of these facilities. The sides of lots may be located along pedestrian/bike connections; however, this is a less preferable option, since fencing is required to separate the pedestrian/bike connection from areas on private lots such as side and rear yards. If lots front on pedestrian/bike connections, secondary access to these lots may be provided from an alley.

(4) All pedestrian/bike connections required by this code must be publicly accessible either by way of easement or through public dedication:

(a) The city may choose not to accept dedication of pedestrian/bike connections at its discretion; and

(b) All pedestrian/bike connections must be designed to city standards contained in this section and OHMC 21.60.230.

(5) Continuous pedestrian/bike connections shall be provided by aligning with street ends, other pedestrian/bike facilities, and connecting destinations or trails.

(6) All trails proposed as part of subdivisions or short subdivisions shall be designed in accordance with the parks, recreation and open space plan. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.230 Pedestrian/bike connections – Safety.

The following safety requirements apply to all pedestrian/bike connections in subdivisions and short subdivisions with the exception of sidewalks:

(1) Visibility.

(a) Users shall have clear vision from one end of the connection to the other;

(b) Plantings shall provide clear visibility from the ground up to 30 inches above grade;

(i) The protection required of the critical area by other parts of this code or other applicable regulations prohibits the pedestrian/bike connection design from meeting this requirement.

(2) The entire length of the pedestrian/bike connection must be well lit. Bollard lighting must be used with number of lights and spacing of light fixtures shown on the preliminary plat landscape plan.

(3) Bollard lighting is required at pedestrian/bike connection entrances.

(4) Signage directing users to the pedestrian/bike connection and appropriate use is required at all entrances.

(5) The intersections of pedestrian/bike connections with arterial streets shall provide a 10-foot by 10-foot visibility triangle to promote clear vision into the pedestrian/bike connection.

(6) Mid-block connections which cross more than one residential block and intersect streets must meet the following safety requirements:

(a) Adequate sight distance for vehicles to see pedestrians and bikes and come to a complete stop;

(b) Signage from both directions, warning motorists of the pedestrian/bike crossing;

(c) At a minimum, painted striping must be provided to delineate the crosswalk. Applicants are encouraged to use crossing designs which include different materials, such as pavers or pavement patterns, or rumble strips to warn motorists of the crossing. Raised crosswalks may also be provided;

(d) Staggered bollards at all intersections of mid-block crossings and the public right-of-way must be provided. If safety measures cannot be provided to ensure adequate pedestrian/bike safety, the mid-block crossing may be required at a different location or the city engineer may require additional design features to ensure safety of the facility. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.240 Pedestrian/bike connections – Maintenance and protection.

(1) Pedestrian/bike connections and trails shall be maintained by an association of homeowners. If the pedestrian/bike connection is part of the city-wide trail system, the city will maintain the connection.

(2) Language detailing the purpose, maintenance responsibilities of the homeowners’ association, and design standards for these facilities must be placed on the face of the plat.

(3) If these facilities are not adequately maintained to allow safe pedestrian and bicycle passage and/or landscaping is overgrown or in a state of decline, the city may choose to maintain the facility and bill the homeowners’ association for the cost. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.250 Stormwater ponds – Location and design.

Stormwater ponds shall be located and designed with consideration to aesthetics and to incorporate the facility as an amenity to the subdivision or short subdivision with features such as landscaping and natural building materials. The provisions in this section apply to all subdivisions and short subdivisions proposed within Oak Harbor. The following design requirements shall apply to the location and design of stormwater ponds:

(1) To create the visual effect of larger open space areas, stormwater facilities shall be located near open spaces, unless site conditions or topography do not allow.

(2) Structural materials utilized within stormwater pond design must have regard for natural aesthetic principles defined as follows:

(a) All structural elements of ponds shall utilize stone or other natural materials that have decorative finishes. Acceptable pond materials are brick, natural stone, gabions and architectural blocks. Concrete is an acceptable material, subject to the standards of subsection (2)(b) of this section.

(b) Use of concrete in stormwater ponds shall be limited to the following finish types:

(i) Relief or architectural detail;

(ii) Fractured finish;

(iii) Exposed aggregate;

(iv) Cast in patterns or textures.

In addition, when concrete is used as a pond material, it shall be screened by planting to reduce the visual impact of these facilities.

(d) All masonry in contact with pond water must be designed to withstand spalling. Porous pond materials shall be placed above the wet zone.

(3) To limit the need for safety fencing resulting from steep slopes, stormwater facilities shall be designed with shallow internal slopes (recommend three to one or flatter), whenever feasible. If safety fencing is required it must:

(a) Be decorative or ornamental in nature. Gray, galvanized, chain-link fencing, chain-link fencing with slats or wood-plank fencing is not permitted. Vinyl-clad chain-link fencing of green, brown or black color is acceptable if screened by plantings;

(b) For safety reasons, fencing must not completely limit visibility to the pond; and

(c) Ponds shall be designed such that safety fencing is not required on more than two sides of the pond or 50 percent of the circumference, whichever is less. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).

21.60.260 Stormwater ponds – Landscaping.

Landscaping shall be required for all stormwater ponds within subdivisions and short plats. The purpose of the landscaping is to improve visual quality. The following standards shall apply to the landscaping for stormwater ponds:

(1) A landscape plan that meets the standards of this section and the DOE (Department of Ecology) stormwater manual shall be designed by a landscape architect certified in the state of Washington and submitted as part of the preliminary plat or the preliminary application.

(2) A perimeter landscape area, a minimum 10 feet wide, is required adjacent to all stormwater ponds and shall be placed in a tract owned and maintained by an association of homeowners. This area shall be delineated on the face of the plat and associated landscape plan. The perimeter landscape area shall include:

(a) Evergreen ground cover, shrubs and bushes, to provide 100 percent cover of the perimeter area within two years. Native species and low-maintenance varieties are preferred.

(b) A mix of evergreen and deciduous trees to provide visual interest with a planting density of at least one tree for every 250 square feet of landscape perimeter.

(c) Existing vegetation may be used to fulfill the landscaping requirements. However, all trees which pose a safety hazard and are subject to windthrow must be removed.

(d) Trails or pedestrian paths are allowed near the pond; provided, that the side slopes of the pond are three to one or flatter or safety fencing is provided around the pond. If a trail or pedestrian path is included around the stormwater facility, the area outside the trail or pedestrian path but within the 10-foot landscape area must have 100 percent groundcover within two years.

(3) All landscaping for stormwater ponds shall be placed in a tract and maintained according to industry standards by a homeowners’ association. If stormwater ponds are not maintained by the homeowners’ association to provide for the necessary minimum treatment/detention functions and the pond tract, including landscaping, is not being maintained, the city may choose to perform necessary maintenance of the facility and bill the homeowners’ association for the cost.

(4) Any landscaping provided shall be above the freeboard water level. (Ord. 1617 § 4, 2011; Ord. 1568 § 8, 2010).