20D.220.20 Adequate Public Facilities and Services Required.

20D.220.20-010 Purpose.

The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the Public Facilities and Services planning goal of the Washington State Growth Management Act, as amended, and the policies of the Redmond Comprehensive Plan by:

(1) Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision before development.

(2) Allocating the cost of those facilities and services fairly.

(3) Providing a mechanism to relate development standards and other requirements of the Redmond Community Development Guide to:

(a) Adopted service level standards for public facilities and services.

(b) Procedural requirements for phasing development projects to ensure that services are provided as development occurs.

20D.220.20-020 General Requirements.

(1) All new development proposals including any use, activity, structure or division of land allowed by the Redmond Community Development Guide (RCDG) or the Redmond Municipal Code that requires City of Redmond approval shall be adequately served by the following facilities and services prior to the time of occupancy, recording, or other land use approval, as further specified in this chapter:

(a) Sewage disposal.

(b) Water supply.

(d) Streets, sidewalks, trails, and access.

(e) Fire protection service.

(f) Schools.

(2) All improvements, dedications, or property transfers required under this division shall meet both of the following provisions:

(a) The impacts of the development shall contribute to the need for the required improvement, dedication, or transfer.

(b) The required improvement, dedication, or transfer shall be roughly proportional to the impact of the development. A requirement is roughly proportional if it is related in nature and extent to the impact of the proposed development.

(3) Requests to Modify or Rescind Requirements.

(a) An applicant may request that the Technical Committee modify or rescind a required improvement, dedication, or transfer if the requirement does not meet either of the provisions of subsection (2) of this section.

(b) The applicant shall explain what condition justifies the modification or rescission. The request shall be made in writing and be made no later than the end of the appeal period for the approval that imposes the required improvement, dedication, or transfer.

(c) The Technical Committee shall adopt written findings and conclusions documenting its decision to approve or deny the request. The findings and conclusions shall document whether (i) the development contributes to the need for the required improvement or dedication and (ii) the required improvement or dedication is roughly proportional to the impact from the development. The Technical Committee shall consider whether credits, latecomer’s fees, or other measures can be used to modify the required improvement, dedication, or transfer so that it is roughly proportional to the impact from the development.

(d) As a condition of approving an exception, the Technical Committee may require:

(i) Those dedications or improvements necessary to mitigate the impacts of the development; and

(ii) The applicant to furnish an interim improvement plan to mitigate the impacts of the development. Any interim improvement plan may include a covenant consenting to formation of a local improvement district, and a plan for the installation of improvements that will bring the facility up to the adopted level of service standards. Any requirement to prepare an interim plan shall be proportionate to the scale of the proposed development. (Ord. 2052)

20D.220.20-030 Certificates of Water and Sewer Availability.

(1) Prior to approval, all site plans, building permits for structures that require water or sewer service, subdivisions, and short subdivisions shall include a certificate of water availability and a certificate of sewer availability from the Public Works Department, or its successor, to demonstrate compliance with this chapter and other provisions of the City of Redmond Community Development Guide, the Comprehensive Plan, and the Growth Management Act.

(2) For residential uses where a certificate of water availability and a certificate of sewer availability was approved through the subdivision, short subdivision, or site plan process, a new certificate of water availability or a new certificate of sewer availability shall not be required for any subsequent development permit, including a building permit. If changes or modifications result in water or sewer impacts not considered when the proposal was first approved, the City shall require a new certificate of water availability or a new certificate of sewer availability.

(3) For other uses where a certificate of water availability and a certificate of sewer availability was approved during the site plan or building permit approval process, a new certificate of water availability or a new certificate of sewer availability shall not be required for any subsequent development permit, including a building permit. If changes or modifications result in water or sewer impacts not considered when the proposal was first approved, the City shall require a new certificate of water availability or a new certificate of sewer availability. (Ord. 2447; Ord. 2052)

20D.220.20-040 Adequate Sewage Disposal.

(1) All uses and development shall be served by an adequate public sewage disposal system, including both collection and treatment facilities, or a private sewage disposal system, including both collection and treatment facilities, that meet the requirements of this section.

(2) A public sewage disposal system is adequate for a use or development if the following requirements are met:

(a) For the issuance of a building permit for a new structure that requires sewage disposal, preliminary subdivision approval, short plat approval, binding site plan approval, site plan approval or other land use approval:

(i) The site shall be connected to the City’s sewage collection system in compliance with the General Sewer Plan, or its successor.

(ii) The disposal system has been approved by the Technical Committee as being consistent with applicable state and City policies, regulations, design and operating guidelines.

(b) The Technical Committee can condition its approval and require on-site and off-site improvements or contributions to off-site improvements to ensure the requirements of this section are met. These improvements include, but are not limited to:

(i) The construction of mains in all public and private streets or utility easements within and adjacent to the proposed development.

(ii) The construction of mains through the development to serve the lots and buildings within the development and to adjacent parcels to allow adjacent properties to connect to and extend the sewer system.

(iii) The construction of off-site improvements needed to connect to the existing system and to provide collection capacity needed to meet the level of service standards and the anticipated demand from the service area.

(iv) The construction of wastewater pump stations needed to serve the development because of topographical considerations. This will only be required in accordance with or allowed with designated wastewater pump stations listed or shown in the current General Sewer Plan, or its successor.

(v) The construction of replacements or improvements to existing facilities in order to maintain established level of service for wastewater discharge from the service area.

(vi) The construction of replacements or improvements to existing off-site facilities to the extent that the new development would cause the level of service for existing customers to drop below existing standards.

(vii) The transfer or dedication of easements or land needed for the construction and maintenance of sewer system improvements.

(3) A private sewage collection and disposal system meets the requirements of this section where all of the following requirements are met:

(a) The system will serve one single-family residence developed at an average density of one dwelling unit per acre or less.

(b) The zoning district in which the single-family residence will be located has a maximum density of one dwelling unit per acre or less.

(c) The Seattle-King County Department of Public Health, or its successor, has approved the private sewage collection and disposal system as meeting all of the department’s applicable requirements.

(4) For final inspection approval for a building, the issuance of a certificate of occupancy for a building, or approval of a change of use permit; the approved sewage disposal system required in subsections (1) and (2) or (3) of this section shall be installed to serve each building or lot.

(5) Before recording a final plat, a final short plat, or a binding site plan; either the approved public sewage disposal system required in subsections (1) or (2) of this section shall be installed to serve each lot or a performance guarantee complying with the requirements for subdivisions, short subdivisions, or binding site plans shall be used to guarantee the future installation of the approved public sewage collection system. The performance guarantee may be assigned to the City to assure the construction of the required facilities if the system is not otherwise constructed to City standards as required by City performance guarantee requirements.

(6) For the issuance of a building permit, site plan approval, or changes in use, any pre-treatment or treatment facilities required by any government agency shall be provided at occupancy. The property owner and occupant shall maintain and operate the pretreatment facility for the life of the use. (Ord. 2052)

20D.220.20-050 Adequate Water Supply.

All uses or development shall be served by an adequate public water supply system. A public water system is adequate for a development proposal provided that:

(1) For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant must demonstrate the following:

(a) The proposed development can be connected to the City’s water supply system or another system approved by the City.

(b) The water supply system can supply sufficient flows to serve the proposed uses and their needed fire flows.

(2) The Technical Committee shall review the proposed water supply system and if the system meets the requirements of this section, approve the water system. The Technical Committee can condition its approval and require on-site and off-site improvements or contributions to off-site improvements to ensure the requirements of this section are met. These improvements include, but are not limited to:

(a) The construction of mains in all public and private streets or utility easements within and adjacent to the proposed development.

(b) The construction of mains through the development to adjacent properties to provide for a well-gridded water system and allow adjacent properties to connect to and extend the water system.

(i) Connect to the existing system.

(ii) To provide the storage and flows needed to meet the level of service standards and the requirements of the Water System Plan.

(iii) To provide the storage and flows needed to meet the water demands generated by the proposed development.

(iv) To provide the storage and flows needed to supply the fire flows needed to serve the development.

(d) The construction of pressure-reducing valves and similar appurtenances to provide pressure zone separation in the distribution system.

(e) The construction of pump stations needed to serve the development if it is in a special pressure zone. This will only be required or allowed in accordance with designated permanent pump stations listed or shown in the current Water System Plan.

(f) The construction of replacements or improvements to existing facilities in order to maintain an established level of service for water system demand and fire flow to the development.

(g) The construction of replacements or improvements to existing off-site facilities to the extent that the new development would cause the level of service for existing customers to drop below existing standards.

(h) The transfer or dedication of easements or land needed for the construction and maintenance of water system improvements.

(3) For final inspection approval for a building, the issuance of a certificate of occupancy for a building, or approval of a change of use permit; the approved connections to the City water system and any system improvements needed to adequately serve the proposed building or use required under subsections (1) and (2) of this section shall be installed to serve each building or lot.

(4) Before recording a final plat, a final short plat, or a binding site plan, either the approved connections to the City water system and any system improvements needed to adequately serve the proposed building or use required under subsections (1) and (2) of this section shall be installed to serve each lot or a performance guarantee complying with the requirements for subdivisions, short subdivisions, or binding site plans shall be used to guarantee the future installation of the approved water system improvements. The performance guarantee may be assigned to the City to assure the construction of the required facilities if the system is not otherwise constructed to City standards as required by City performance guarantee requirements. (Ord. 2052)

20D.220.20-060 Surface Water Management.

All new development shall be served by an adequate surface water management system complying with the policies of the comprehensive plan and meeting the requirements of Chapter 15.24 RMC, Clearing, Grading, and Storm Water Management. (Ord. 2052)

20D.220.20-070 Adequate Streets, Sidewalks, and Trails.

(1) All new uses or development shall be served by adequate streets, sidewalks, and trails. Streets, sidewalks, and trails are adequate if all of the following conditions are met:

(a) The development’s traffic impacts on surrounding public streets are acceptable under the level-of-service standards and the compliance procedures in Chapter 20D.210 RCDG, Transportation Standards.

(b) The construction requirements of RCDG 20D.210.20, Street and Access Standards, are met.

(c) The proposed development and the traffic, pedestrians, and bicyclists generated by or attracted to the development will not create safety hazards on nearby streets and sidewalks or those hazards will be corrected by the applicant.

(d) All trails, bikeways, bicycle lanes, and bicycle routes shown in the Comprehensive Plan on or adjacent to the development are constructed and dedicated or transferred to the City.

(e) All sidewalks and pedestrian improvements required by RCDG Title 20 are provided.

(f) The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the Technical Committee and the City Engineer.

(g) Every lot upon which one or more buildings is proposed to be erected or a traffic generating use is proposed to be established, shall establish safe access as follows:

(i) Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the requirements of Chapter 20D.240 RCDG, Transit Supportive Development.

(ii) Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g., fire protection, emergency medical service, mail delivery and trash collection).

(iii) Direct access from the street right-of-way, driveway, alley or other means of ingress and egress approved by the City of Redmond to all required off-street parking spaces on the premises.

(2) Location of sidewalks, walkways, trails, bikeways, bike lanes, and bicycle routes.

(a) Sidewalks, walkways, trails, bikeways, bike lanes, and bicycle routes shall be located in public rights-of-way or easements that guarantee public access.

(b) Trails, walkways, and bikeways shall follow the routes shown in the Comprehensive Plan, but may vary if connections between points are maintained. In determining the location of walkways, trails, bikeways, bike lanes, and bicycle routes, the following factors shall be considered:

(i) The locations shown on RCDG Title 20B, Comprehensive Plan.

(ii) The need to improve access to public facilities.

(iii) The need to connect a development with various ways, such as streets, trails, bikeways, and walkways.

(iv) The need to provide access between developments and uses.

(v) The feasibility of constructing the facility in the proposed route.

(3) The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use.

(4) The Technical Committee shall review the proposed transportation improvements and if the improvements meet the requirements of this section, approve them. The Technical Committee can condition its approval and require on-site and off-site improvements or contributions to off-site improvements to ensure the requirements of this section are met. (Ord. 2052)

20D.220.20-080 Adequate Fire Protection.

(1) All new developments shall be served by adequate fire protection. This requirement shall be met if:

(a) The site of the proposed development is served by a water supply system that provides the required minimum fire flow.

(b) The site of the proposed development is served by a street system or fire lane system that provides life safety/rescue access.

(c) The site of the proposed development and any proposed buildings meet the fire protection requirements for buildings in Chapter 15.06 RMC, Fire Code.

(2) The Technical Committee shall review the proposed fire improvements and if the improvements meet the requirements of this section, approve them. The Technical Committee can condition its approval and require on-site and off-site improvements or contributions to off-site improvements to ensure the requirements of this section are met. (Ord. 2052)

20D.220.20-090 School Concurrency.

(1) The school concurrency standard in this section shall apply to applications for preliminary subdivision, planned residential development approval, mobile home park applications, requests for multi-family zoning, and building permits for multi-family housing projects which have not been previously evaluated for compliance with the concurrency standard.

(2) The City’s finding of concurrency shall be made at the time of preliminary subdivision approval, planned residential development approval, multi-family site plan approval, mobile home park site plan approval, or prior to building permit issuance for multi-family housing projects that have not been previously established for compliance with the concurrency standard in this section. Once such a finding has been made, the development shall be considered as vested for purposes of the school concurrency determination.

(3) The decision maker for the approvals listed in subsection (2) of this section shall make the school concurrency determination.

(4) Excluded from the application of the school concurrency standard are:

(a) Building permits for individual single-family dwellings.

(b) Any form of housing exclusively for senior citizens, including nursing homes and retirement centers.

(d) Replacement, reconstruction, or remodeling of existing dwelling units.

(e) Short subdivisions.

(f) Developments that have vested under the laws of the State of Washington before the effective date of these regulations.

(5) The decision maker shall determine that the needed school facilities shall be considered to have been provided concurrently with the development that will impact the schools if:

(a) The permanent and interim improvements necessary to serve the development are planned to be in place at the time the impacts of development are expected to occur; or

(b) The necessary financial commitments are in place to assure the completion of the needed improvements to meet the district’s level of service standard within three years of the time that the impacts of development are expected to occur. Necessary improvements are those facilities identified by the district in its capital facilities plan as reviewed and incorporated into the City of Redmond Comprehensive Plan.

(6) Any combination of one or more of the following shall constitute the “necessary financial commitments” for the purposes of subsection (1)(a) of this section.

(a) The district has received voter approval of and has bonding authority;

(b) The district has received approval for federal, state, or other funds;

(c) The district has received a secured commitment from a developer that the developer will contribute to or construct the needed permanent school facility, and the school district has found the facility to be acceptable and consistent with its capital facilities plan; or

(d) The district has other assured funding, including but not limited to, SEPA mitigation or school impact fees that have been paid.

(7) Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and RCW 58.17.110 and their successors.

(8) A certification of concurrency for a school district shall not preclude the City from collecting mitigation payments or impact fees for the district. (Ord. 2052)

20D.220.20-100 Construction Standards, Specifications, and Drawings.

(1) The Public Works Department, or its successor, shall prepare and approve design standards and construction specifications for water systems, sewer systems, storm water systems, streets, sidewalks, bikeways, and other ways.

(2) The Parks and Recreation Department, or its successor, shall prepare and approve design standards and construction specifications for trails.

(3) The Public Works Department, or its successor, shall prepare and approve construction and as-built drawing formats and content requirements.

(4) For any facilities to be dedicated or transferred to the City of Redmond or required under RCDG Title 20, the person constructing the facility shall submit construction drawings to the Public Works Department for approval before construction of the improvements.

(5) For any facilities to be dedicated or transferred to the City of Redmond or required under RCDG Title 20, the person constructing the facility shall submit as-built construction drawings to the Public Works Department for approval after the facilities are built and before the improvements are accepted. (Ord. 2052)