Chapter 12.12
CONSTRUCTION OF CURBS AND SIDEWALKS
Sections:
12.12.020 Construction permit.
12.12.050 Length of construction of curbs and sidewalks.
12.12.060 Specifications for construction.
12.12.090 Violation – Enforcement and penalty.
12.12.010 Frontage improvements – Process and requirements dependent upon classification of development proposal.
Frontage improvement requirements fall within the following four classifications:
A. For residential building construction where lots are being created through a PUD or land division process, the obligation to construct frontage improvements is controlled by TMC Title 17 or Chapter 18.36, SEPA and the provisions of the Tumwater development guide.
B. For residential building construction upon unbuilt previously platted lots or existing unplatted parcels where no subdivision is proposed, frontage improvement processing and approval shall be subject to the provisions of TMC 12.12.020.
C. For building construction of commercial and industrial developments proposed through binding site plans, PUDs or other structured development processes, including development review, frontage improvement processing and approval shall be controlled though these provisions, regulations, the development guide, and SEPA.
D. For commercial or industrial developments other than those identified in subsection C of this section and for improvements or alterations of existing commercial or industrial developments where the expected cost of such improvement or alteration or construction in any twelve-month period equals or exceeds twenty-five percent of the assessed valuation or current market value as shown by an appraisal approved by the city, of the structure or structures that are proposed for improvement or alteration. Frontage improvement processing and approval shall comply with the provisions of TMC 12.12.040.
E. Notwithstanding the provisions set forth above, frontage improvements are not required in conjunction with residential building construction on lots and parcels adjacent to the following portions of the herein enumerated streets:
Bush Mountain Court (all of) – both sides.
Bush Mountain Drive (all of) – both sides.
(Ord. O2004-016, Amended, 09/07/2004; Ord. O99-007, Amended, 04/06/1999; Ord. O95-046, Amended, 12/19/1995; Ord. 1404, Amended, 12/21/1993; Ord. 659, Amended, 11/20/1973; Ord. 565, Amended, 06/16/1970; Ord. 443, Added, 06/04/1963)
12.12.020 Construction permit.
A right-of-way access/utility permit for the construction of a curb or curb and sidewalk shall be obtained from the community development department pursuant to application containing such information as shall be required.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-015, Amended, 07/16/1996; Ord. 443, Added, 06/04/1963)
12.12.030 Residential provisions for developer’s payment of a fee in lieu contribution as alternative to construction of frontage improvements – Criteria/procedure.
In certain cases circumstances exist where the immediate construction of the frontage improvements required pursuant to TMC 12.12.020 may not be appropriate. Such circumstances are as follows:
A. Frontage improvements on properties within two hundred feet of either side of subject property do not exist and are not anticipated in the next six years so that the immediately required frontage improvements would not connect with other frontages to provide continuous frontage improvements on the block face.
B. City scheduled utility or street improvements will necessitate the reconstruction of the developer required frontage improvements.
C. Where, due to topographical conditions, the estimated cost of installing the required frontage improvements is greater than two times the estimated cost of installing the same improvements on a property with typical topographical conditions. The typical cost for frontage improvements shall be as established by the director of public works and adopted by resolution of the city council.
D. Existing right-of-way is not available to accommodate placement of the frontage improvements and the city does not desire to pursue acquisition at this time.
Upon a finding by the director that one or more of the above circumstances mitigates against the immediate installation of frontage improvements, the developer may be authorized to pay a fee in lieu of actual installation of the otherwise required frontage improvements. The fee in lieu assessment shall be calculated by multiplying the lineal feet of frontage of the lot or parcel by a standardized per foot construction cost established by the public works director and set by resolution of the city council. Said per foot assessment shall be fifty percent of the estimated per foot cost of installing frontage improvements in the city of Tumwater on a typical lot.
In the event a fee in lieu is paid as an alternative to installing frontage improvements for an unplatted parcel under TMC 12.12.010(B), and the owner subsequently elects to subdivide the property, provided no frontage improvements are thereafter installed by the city, the fee in lieu (without interest) shall be refunded to the property owner to defray a portion of the costs of subdivision improvements.
(Ord. O95-046, Added, 12/19/1995)
12.12.040 Frontage improvement requirements – Existing commercial/industrial sites – Remodel or reconstruction.
Commercial and/or industrial building construction proposed for existing sites not undergoing a structured development process as identified in TMC 12.12.010(C) or for remodel or reconstruction of an existing facility where the expected cost of such remodel equals or exceeds twenty-five percent of the assessed valuation or current market value of the structure within any twelve-month period shall construct concrete curb and sidewalks, street patch, storm drainage, street lights, street trees and other improvements as specified in the Tumwater development guide along all street frontage of the lot or parcel upon which the building construction is proposed. In addition thereto, for new developments of this nature not undergoing a structured development process, SEPA may require that additional transportation related system improvements be installed.
(Ord. O95-046, Added, 12/19/1995; Ord. O2004-016, Amended, 09/07/2004)
12.12.050 Length of construction of curbs and sidewalks.
The curb and sidewalk construction shall be required along the entire frontage of the building lot. (“Lot” means a parcel or plot of land shown as an individual unit of ownership on the most recent plat or other record of subdivision.) This may include reconstruction of the existing roadway in order to provide a uniform roadway section and meet current design standards as determined by the city engineer. Exceptions to constructing frontage improvements may be granted by the community development director as according to Section 4.9 of the city’s development guide.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-015, Amended, 07/16/1996; Ord. 1147, Amended, 12/15/1987; Ord. 659, Added, 11/20/1973)
12.12.060 Specifications for construction.
For the purposes of this chapter, curbs and sidewalks shall include street patch, gutters, street lights, storm drainage, and street trees and landscaping in accordance with the Tumwater development guide. The relocation of any existing utilities made necessary as a result of the aforementioned shall also be required. All construction shall be per the Tumwater development guide, as modified by the community development director’s specifications.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-027, Amended, 10/15/1996; Ord. 1404, Amended, 12/21/1993; Ord. 443, Added, 06/04/1963)
12.12.080 Driveway openings.
At the time of construction of curbs or integral curb and sidewalks, openings shall be made for driveways; no more than two driveways for each improved premises will be permitted. The director of community development may authorize additional access points in conjunction with a specific development proposal, upon a finding that additional site access is necessary for adequate fire protection or to accommodate projected traffic demand. Islands must be provided between the driveways. All driveways must connect to a service entrance. Minimum and maximum driveway widths are determined by the use and location of the property as follows:
|
Use |
Min. Width |
Max. Width |
|---|---|---|
|
(arterial/collector) |
||
|
Residential |
10 feet |
24 feet |
|
Commercial |
10 feet |
30 feet |
|
Industrial |
18 feet |
36 feet |
|
|
|
|
|
(local access street) |
||
|
Residential |
24 feet |
30 feet |
|
Commercial |
10 feet |
26 feet |
|
Industrial |
Not allowed |
Not allowed |
A road approach or wider driveway width may be authorized by the director of community development where a substantial percentage of oversized vehicle traffic exists or is projected, or where divisional islands are desired to promote safety of traffic movement.
Any affected person may appeal the director of community development’s decision to the hearing examiner in the manner provided in TMC Chapter 2.58.
(Amended during 2011 reformat; O2011-002, Amended, 03/01/2011; Ord. 1379, Amended, 05/04/1993; Ord. 443, Added, 06/04/1963)
12.12.090 Violation – Enforcement and penalty.
A. Violations of the provisions of this title, or failure to comply with any of its requirements, shall constitute a misdemeanor. In addition, violators shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate and distinct offense.
B. Notwithstanding subsection A of this section, criminal enforcement proceedings do not preclude or limit any other forms of enforcement available to the city including, but not limited to, enforcement under any provision of TMC Chapter 1.10.
(Ord. O2014-018, Amended, 12/16/2014; Ord. O2011-007, Amended, 07/19/2011; Ord. 443, Added, 06/04/1963)