Chapter 12.04 FRONTAGE IMPROVEMENTS REQUIRED

Chapter 12.04
FRONTAGE IMPROVEMENTS REQUIRED

Sections:

12.04.010 Purpose.

12.04.020 Adoption.

12.04.030 Frontage improvements required.

12.04.040 Dedication of road right-of-way – Required setbacks.

12.04.050 Bonds and liability insurance required.

12.04.060 City council waiver.

12.04.070 No special duty created.

12.04.080 Severability.

Prior legislation: Ords. 265, 35-93, 11-02, 12-02, 34-02, 38-05 and 18-17.

12.04.010 Purpose.

A. The purpose of this chapter is to establish:

1. The intention of the city to require the construction, reconstruction, repair or installation of reasonable infrastructure “frontage improvements” and the dedication to the city of sufficient road right-of-way for the classification of the street abutting the property according to the street plans and street development needs of the city for that street for new development, building permits, change of use, and street cut/road right-of-way permits for access to a city street.

B. The requirements established in this chapter do not satisfy or supersede additional requirements imposed by the city under other code provisions or the State Environmental Policy Act. [Ord. 27-18 § 1, 2018].

12.04.020 Adoption.

The latest edition of the city of West Richland’s engineering design and development standards, as amended by the city engineer, are hereby adopted by reference and are hereinafter referred to as the “city standards.” The city standards by this reference are made a part of this chapter as though fully set forth herein. A copy of the city standards are on file with the city clerk and city engineer and may be inspected by interested parties during regular business hours in the city clerk’s office. [Ord. 27-18 § 1, 2018].

12.04.030 Frontage improvements required.

A. The term “frontage improvements” as used in this chapter shall refer to the construction, reconstruction or repair of the following facilities along the full abutting public street frontage of property:

1. Curbs, gutters, ADA handicap ramps and sidewalks;

2. Storm drainage facilities including low impact development facilities and/or underground facilities;

3. Widening the street from its preexisting edge to the new curb line;

4. Milling and asphalt pavement overlayment of the existing public street to its centerline;

5. LED street lights;

6. Construction of new streets within dedicated road right-of-way;

7. Dedication of sufficient road right-of-way for the classification of the street abutting the property;

8. Roadway striping;

9. Signage.

B. All such frontage improvements shall be constructed to the city of West Richland’s engineering design and development standards.

C. Property owners/developers shall be required to construct frontage improvements along the full abutting public street frontage of property when developed as follows:

1. Subdivisions. Frontage improvements shall be completed prior to city council acceptance and recording the final plat, or may be bonded pursuant to provisions of WRMC 16.16.370; provided the following exceptions apply:

a. The construction of curb, gutter and sidewalks shall not be required for property zoned RL-40 (residential low-density) or UT (urban transition).

2. Short Subdivisions. Frontage improvements shall be completed prior to administrative acceptance and recording the short plat, or may be bonded pursuant to provisions of WRMC 16.16.370; provided the following exceptions apply:

a. An existing lot where there are no existing frontage improvements meeting current city standards constructed within 200 feet of the lot, conditioned on the following:

i. The granting of an exemption to construct frontage improvements as outlined in subsection A of this section does not waive the property owner’s/developer’s requirement to dedicate road right-of-way as established in WRMC 12.04.040. Dedication of road right-of-way shall occur prior to issuance of certificate of occupancy; and

ii. Property owner/developer shall waive all rights to protest against future local improvement district (LID) proceedings for the construction of said frontage improvements by executing and recording, at property owner’s/developer’s cost, a city attorney approved waiver of protest agreement, in compliance with RCW 35.43.182, prior to issuance of certificate of occupancy.

3. Construction of a New Multifamily Dwelling Unit, Duplex Dwelling Unit, Business, Commercial or Industrial Building. Frontage improvements and dedication of road right-of-way shall be completed prior to issuance of certificate of occupancy of the dwelling unit and or building.

4. Construction of a New Single-Family Residential Dwelling Unit. Frontage improvements and dedication of road right-of-way shall be completed prior to issuance of certificate of occupancy of the dwelling unit, provided the following exceptions apply:

a. Property zoned RL-40 (residential low-density) located in Willamette Heights Section 6 and Section 8, conditioned on the following:

b. The milling and asphalt pavement overlayment of the existing public street to its centerline shall not be required.

c. An existing lot where there are no existing frontage improvements meeting current city standards constructed within 200 feet of the lot, conditioned on the following:

5. Any Change in the Use/Occupancy Classification of an Existing Building or Structure on the Property. Frontage improvements and dedication of road right-of-way shall be completed prior to occupancy.

6. Development of a Mobile Home Park or Other Project Requiring a Binding Site Plan. Frontage improvements and dedication of road right-of-way shall be completed prior to occupancy.

7. Permits to Make Additions, Alterations, or Repairs to an Existing Building or Structure on the Property or Construction of an Accessory Dwelling Unit or Noncommercial Shop/Detached Garage. Frontage improvements and dedication of road right-of-way shall be completed prior to occupancy/final inspection, provided the following exceptions apply:

a. The permit is to make solely interior improvements within an existing structure; or

b. The estimated value of the addition, alteration or repair to an existing building or structure or accessory dwelling unit or noncommercial shop/detached garage as determined by the building official is less than 50 percent of the value of the existing building or structure as determined by the county assessor’s office; or

c. Demo and reconstruction of an existing building or structure as long as the reconstruction is completed within 36 months of the demolition of the existing building or structure with the same use/occupancy classification.

d. The granting of an exemption to construct frontage improvements as outlined in subsection A of this section does not waive the property owner’s/developer’s requirement to dedicate road right-of-way as established in WRMC 12.04.040.

8. Street cut/road right-of-way permit for access to a public street: frontage improvements and dedication of road right-of-way shall be completed prior to occupancy, provided the following exceptions apply:

a. The construction of curb, gutter and sidewalks shall not be required for property zoned RL-40 (residential low-density) or UT (urban transition).

b. The milling and asphalt pavement overlayment of the existing public street to its centerline shall not be required for property zoned RL (residential low-density) or property zoned RM (residential medium density).

c. An existing lot zoned RL (residential low-density) or RM (residential medium density) where there are no existing frontage improvements meeting current city standards constructed within 200 feet of the lot, conditioned on the following:

12.04.040 Dedication of road right-of-way – Required setbacks.

A. It shall be required that a property owner dedicate to the city sufficient property for the classification of the street abutting the property according to the street plans and street development needs of the city to widen all abutting public rights-of-way to the full width as measured from the right-of-way centerline, so as to conform to the applicable city’s engineering design and development standards. Such dedication shall be at no cost to the city in all the following cases:

1. Such dedication shall be required as a condition of approval of a subdivision.

2. Such dedication shall be required as a condition of approval of a short subdivision.

3. Such dedication shall be required as a condition of approval of a binding site plan for a mobile home park, condominium, planned unit development, commercial development or industrial park.

4. Such dedication may be required as a condition of approval of any rezone, conditional use permit, building permit or street cut/road right-of-way permit for access to a public street, when the city finds that the proposed development will adversely affect pedestrian or vehicular traffic and finds that such dedication is necessary to protect against, and is roughly proportional to, such adverse effects.

B. The dimensions of required yards and the dimensions of setbacks for buildings and other structures, as specified in WRMC 17.54.050, shall be measured from the ultimate design width of abutting public right-of-way according to the applicable road standard specified by the city engineer. This requirement shall apply to all development permits regardless of whether the property owner has dedicated right-of-way to the city pursuant to subsection A of this section. [Ord. 30-18 § 1, 2018; Ord. 27-18 § 1, 2018].

12.04.050 Bonds and liability insurance required.

A. The city engineer is authorized to require all persons constructing frontage improvements within city rights-of-way to post surety or cash bonds. Where such persons have previously posted, or are required to post, other such bonds on the frontage improvements itself or on other construction related to the frontage improvements, such person may, with the permission of the city engineer or designee, and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less than the total amount which would have been required in the form of separate bonds; and provided further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.

B. Construction/Performance Bond. Prior to commencing construction, the person constructing the frontage improvements shall post a construction bond in an amount sufficient to cover 150 percent of the cost of performing said construction per the approved plans. Alternatively, an equivalent cash deposit to an escrow account administered by a local account bank or the city may be allowed at the city’s option.

C. Maintenance Bond. After satisfactory completion of the frontage improvements, acceptance of the frontage improvements by the city and release of the construction bond by the city, the person constructing the frontage improvements shall post a maintenance bond in amount of five percent of the construction cost of the frontage improvements per the approved plans. The surety bond or cash bond to be used at the discretion of the city to cover the cost of correct design defects or failures in workmanship through the one-year maintenance period. Alternatively, an equivalent cash deposit to the city or an escrow account administered by a local account bank may be allowed, at the city’s option.

D. Commercial General Liability Insurance. The person constructing the frontage improvements shall maintain liability insurance at least as broad as Insurance Services Office (ISO) occurrence form Commercial General (CG) 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The city of West Richland shall be named as an additional insured under the contractor’s Commercial General Liability insurance policy with respect to the work performed for the city of West Richland using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. The Commercial General Liability policy shall be maintained for the duration of the construction of the frontage improvements and until frontage improvements are accepted by the city as complete. [Ord. 27-18 § 1, 2018].

12.04.060 City council waiver.

A. Property owners/developers required to construct frontage improvements and/or dedicate road right-of-way may petition city council for a waiver from the application of any of the provisions of this chapter. Petitions for frontage improvement waivers associated with a subdivision or binding site plan must be submitted and processed concurrently with subdivision application or binding site plan application per subsection B of this section; frontage improvement waivers not processed concurrently with subdivision or binding site plan shall not be considered and shall be denied by the city.

1. Waiver petition shall include the following:

a. Benton County parcel number of subject property; and

b. Detailed description of specific frontage improvements in WRMC 12.04.030 and/or road right-of-way dedication in WRMC 12.04.040 to be waived; and

c. Detailed narrative of why said waiver is needed due to special conditions or exceptional characteristics of the subject property and/or a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships; and

d. A variance report, prepared by a title company, showing the names and addresses of the owners of the property and the names and addresses of surrounding land owners within 600 feet of the property subject to the application(s). The variance report shall be submitted to the city in both paper format and electronic format with names and addresses acceptable to the city; and

e. Payment to city of frontage improvement waiver fee as set by city council in the master fee schedule to defray the administrative costs incurred in processing such waiver petition.

2. The petition waiver for frontage improvements shall be filed with the city engineer.

3. Upon receipt of a petition waiver for frontage improvements, the city council shall adopt a resolution fixing a time when the petition will be heard and determined, which time shall not be more than 90 days nor less than 21 days after the passage of the resolution.

4. Notice to Be Provided. Upon the passage of the resolution setting a public hearing date, the city clerk shall give 21 days’ notice of the pendency of the frontage improvement waiver petition by a written notice posted in the three official posting locations in the city, mailed to property owners within 600 feet of the property the waiver is sought for and like notice in a conspicuous place on the property the waiver is sought for. Notice to contain the following:

a. A statement that a petition has been filed to waive frontage improvements described in the notice, together with a statement of the time and place fixed for the hearing on the petition.

b. A statement that the city council shall hold a public hearing on the proposed petition and anyone objecting to or in favor of said waiver should attend the public hearing or send a written letter to the city clerk indicating his or her objection to or in favor of the waiver prior to the public hearing date.

5. The public hearing on the petition shall be held before the city council upon the date fixed by resolution or at the time said hearing may be adjourned to.

6. A waiver from the application of any of the provisions of this chapter may be granted by the city council by resolution with or without conditions upon the findings that a waiver from the terms or requirements of this chapter will in no way be detrimental to the best interests of the city, will not be contrary to its intent or to the public interest, safety, health and welfare and where due to special conditions or exceptional characteristics of the subject property a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships. The decision of the city council shall be final.

B. Subdivision or binding site plan property owners/developers required to construct frontage improvements and/or dedicate road right-of-way may petition city council for a waiver from the application of any of the provisions of this chapter, but said waiver petition must be submitted and processed concurrently with subdivision application or binding site plan application.

1. Waiver petition shall include the following:

a. Benton County parcel number of subject property; and

b. Detailed description of specific frontage improvements in WRMC 12.04.030 and/or road right-of-way dedication in WRMC 12.04.040 to be waived; and

e. Payment to city of 50 percent of frontage improvement waiver fee as set by city council in the master fee schedule to defray the administrative costs incurred in processing such waiver petition.

2. The petition waiver for frontage improvements shall be submitted to the city with the subdivision application or binding site plan application.

3. Notice to Be Provided. After receipt of a complete subdivision application or binding site plan application, the community development director or his/her designee shall give a minimum 21 days’ notice of the pendency of the frontage improvement waiver petition by a written notice posted in the three official posting locations in the city, mailed to property owners within 600 feet of the property the waiver is sought for and like notice in a conspicuous place on the property the waiver is sought for. In addition to subdivision or binding site plan information, notice to also contain the following:

a. A statement that a petition has been filed to waive frontage improvements described in the notice, together with a statement of the time and place fixed for the hearing on the petition.

b. A statement that the planning commission shall hold a public hearing on the proposed petition and anyone objecting to or in favor of said waiver should attend the public hearing or send a written letter to the city clerk indicating his or her objection to or in favor of the waiver prior to the public hearing date.

4. The public hearing on the petition shall be held before the city planning commission during the public hearing on the subdivision or binding site plan.

5. A waiver from the application of any of the provisions of this chapter may be granted by the city council with or without conditions, following the review of the city planning commission, upon the findings that a waiver from the terms or requirements of this chapter will in no way be detrimental to the best interests of the city, will not be contrary to its intent or to the public interest, safety, health and welfare and where due to special conditions or exceptional characteristics of the subject property, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships. In regards to the frontage improvement waiver, the decision of the city council shall be final. [Ord. 27-18 § 1, 2018].

12.04.070 No special duty created.

A. It is the purpose of this chapter to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, agents, or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

B. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, agents, and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or by reason or as a consequence of any inspection, notice, or order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the city related in any manner to enforcement of this chapter by its officers, agents, or employees. [Ord. 27-18 § 1, 2018].

12.04.080 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. [Ord. 27-18 § 1, 2018].