Chapter 17.09
FRONTAGE IMPROVEMENTS

Sections:

17.09.010    Frontage improvements required.

17.09.015    Building permit issuance.

17.09.020    Preliminary and final approvals.

17.09.030    Performance and maintenance bonds.

17.09.010 Frontage improvements required.

A.    Installation of frontage improvements, as defined in Chapter 17.01 BMC, and in compliance with the Imagine Bothell . . . Comprehensive Plan, Figure TR-10, shall be required for the following applications except as otherwise set in subsection B of this section. The applicant shall dedicate right-of-way to the city if the required frontage improvements would not otherwise fit within the existing right-of-way. All frontage improvements shall be constructed within the public right-of-way.

1.    Building permits, except as set forth below;

2.    Subdivisions including short subdivisions, except as set forth below;

3.    Planned unit developments;

4.    Binding site plans; and

5.    Short subdivisions, except as set forth below.

B.    Short subdivision and building permit applications shall be exempted from the requirements of this section if:

1.    The application is for a new commercial building permit for a structure with a gross floor area of 400 square feet or less, or a commercial remodel, renovation, or tenant improvement permit; or

2.    The application is for a single-family residential short subdivision or building permit on any property meeting each of the following criteria:

a.    The property is located in a single-family residential zoning district; and

b.    The property is without any street frontage; or

c.    At least one of the following applies:

i.    The property is a lot or parcel of land having frontage on either side of a local access street where there are no curb, gutter or sidewalk improvements (with the exception of curb treatments at street corners) within the length of either of two lines, each extending up to 240 linear feet in length described as follows: beginning at the points of intersection of the property’s side yard boundary lines with the local access street right-of-way boundary line, and running along said street right-of-way boundary line in a direction away from the property, but stopping at the intersection of any cross street right-of-way boundary, and as illustrated in Drawing No. 1 below;

ii.    If the property is a corner lot or parcel of land having frontage on one or more local access streets as described in subsection (B)(2)(c)(i) of this section and as illustrated in Drawing No. 2 below, then the exception to the requirement for the construction of frontage improvements applies to any street frontage of the property meeting the criteria of this subsection (B)(2);

iii.    Individual lots are created through the short subdivision process whereby the lineal feet of local access street frontage of the lot as measured from side lot line to side lot line is equal to at least twice the minimum lot circle diameter of the underlying zone classification, as illustrated in Drawing No. 3 below. For corner lots, the lineal feet of local access street frontage as measured from side lot line to side lot line shall be at least three times the minimum lot circle diameter of the underlying zoning classification.

    In such cases, minimum roadway, utility, and storm drainage improvements shall be installed to accommodate the proposed short subdivision as determined by the public works director. Further, all such short subdivisions shall be required to install minimal pedestrian pathways, such as, but not limited to, widened shoulders and separated paved pathways as determined by the public works director to ensure safe access to and from the subject lot in accordance with Chapter 58.17 RCW. The city shall require full frontage improvements at such time as the lots are further subdivided and the lineal feet of lot frontage is less than twice the lot circle of the underlying zoning classification, or, for corner lots, is less than three times the lot circle of the underlying zoning classification.

    Drawing No. 3 – Partial frontage improvements permitted for lots having frontage equal to at least twice the lot circle diameter of the underlying zone.

iv.    Individual lots created through the short subdivision process whereby the lot has a net developable square footage equal to three times the square footage of the underlying zone classification minimum lot area as illustrated in Drawing No. 4 below.

    In such cases, minimum roadway, utility, and storm drainage improvements shall be installed to accommodate the proposed short subdivision as determined by the public works director. Further, all short subdivisions shall be required to install minimal pedestrian pathways, such as, but not limited to, widened shoulders and separated paved pathways as determined by the public works director to ensure safe access to and from the subject lot in accordance with Chapter 58.17 RCW. The city shall require full frontage improvements at such time as the lots are further subdivided and the net developable square footage of the lot(s) is less than three times the square footage of the underlying zoning classification.

    Drawing No. 4 – Partial frontage improvements permitted for lots having an area equal to at least three times the area required by the underlying zone.

3.    Provided, nothing herein shall in any way limit or preclude the city from exercising its authority to require curb, gutter, or sidewalk improvements pursuant to Chapter 35.68 RCW and Chapter 17.16 BMC.

4.    Provided, that to the extent there are any existing frontage improvements to the public right-of-way or street abutting any adjacent lot or parcel of land, the applicant shall be required to match those improvements if they do not otherwise continue across the frontage of the lot or parcel of land sought to be developed.

5.    There is any existing building permit for a single-family residential structure requiring as a condition the construction of curb, gutter and sidewalk frontage improvements, but which frontage improvements have not yet been constructed and the building permit is for a single-family residential structure that would meet the exemption criteria set forth in subsection (B)(2) of this section, the permittee may be relieved of the condition to construct said frontage improvements except to the extent required by subsection (B)(4) of this section, upon written request to the director and the director’s determination that the criteria of subsection (B)(2) of this section have been met. (Ord. 1913 § 1, 2003; Ord. 1778 § 1, 1999; Ord. 1732 § 1, 1998; Ord. 1633 § 1, 1996).

17.09.015 Building permit issuance.

For building permits not exempted from the requirements of BMC 17.09.010 and not associated with a short subdivision, except as exempted by BMC 17.09.010, subdivision, planned unit development or binding site plan applications, the applicant shall provide frontage improvements as part of the construction plan submittal process. The building permit shall not be issued until the following actions have been completed in addition to other building permit requirements:

A.    The frontage improvement construction plans have been approved by the public works director;

B.    The frontage improvements have been constructed and accepted by the city, or the permittee has posted a performance bond or other surety device, in a form acceptable to the city attorney, in an amount equal to 120 percent of the estimated cost to construct the improvements. The bond amount shall be based upon an estimate prepared by the applicant’s engineer, and subject to review and approval by the public works director; and

C.    Any right-of-way dedication requirements have been accepted by the city and recorded with the county in which the property is located. (Ord. 1778 § 2, 1999; Ord. 1732 § 2, 1998; Ord. 1633 § 1, 1996).

17.09.020 Preliminary and final approvals.

Preliminary approvals shall not be granted until conditions for frontage improvements have been established for the project. For all subdivision, planned unit development or binding site plan applications, the applicant shall provide frontage improvement plans as a part of the construction plan submittal. Final project approvals shall be not be granted until the items listed in BMC 17.09.015 have been completed. (Ord. 1633 § 1, 1996).

17.09.030 Performance and maintenance bonds.

Before the city will release the performance bond or surety device, the permittee shall post a maintenance bond with the city equal to 10 percent of the cost to construct the frontage improvements. The maintenance bond or surety device shall be held for a period of at least two years, following the date of its acceptance by the city, at which time the city shall provide and conduct a final inspection. The permittee shall be required to correct any deficiencies noted by the city. Following final acceptance by the city the bond or surety device may be released. (Ord. 1633 § 1, 1996).