Chapter 16.06
DEDICATIONS AND IMPROVEMENTS
Sections:
16.06.030 Dedication certificate requirements.
16.06.040 Requirements for improvements.
16.06.050 Bonds and financial guarantees.
16.06.060 Streets, block layout, and street names and numbers.
16.06.070 Storm drainage, floods and flood control.
16.06.080 Sanitary sewers and on-site septic systems.
16.06.100 Underground utilities.
16.06.120 Parks and open space.
16.06.010 Purpose.
The purpose of this chapter is to provide standards and criteria for dedications and improvements in any land division action under this title. (Ord. 06-269 § 2 (Exh. A)).
16.06.020 Scope.
Dedication of land to any public body and provision of public improvements to serve the short subdivision, full subdivision, or binding site plan may be required as a condition of approval. The provisions of this chapter apply to divisions of land defined in this title when dedications and/or improvements are required. This chapter is applied in conjunction with the requirements in EMC Titles 4, 11, 12, 13, 14 and 18. (Ord. 06-269 § 2 (Exh. A)).
16.06.030 Dedication certificate requirements.
A. If a plat, short plat or binding site plan is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets, stormwater facilities and other areas to the public, any individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat, short plat or binding site plan and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat, short plat or binding site plan.
B. Every plat, short plat and binding site plan containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
C. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. The city as a condition of approval may require such waiver. Roads and stormwater facilities not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid.
D. Tracts created by a division of land shall be owned in undivided interests by the owners of each numbered lot, and shall be an appurtenance to each numbered lot, unless the city makes specific conditions for alternative ownership as a condition of approval. (Ord. 06-269 § 2 (Exh. A)).
16.06.040 Requirements for improvements.
A. Improvements such as structures, roads, sewers, drainage facilities, and water systems shall be designed and certified by a professional engineer and be in conformance with applicable city and state codes and regulations.
1. Improvements shall consist of roads, curbs, sidewalks, monuments, sanitary sewer or on-site sewer, on-site infiltration and/or storm sewers, street lights, water mains, street trees, appurtenances to and other improvements as determined by the city engineer.
2. Easements for utilities, when required, shall be provided to the city and the exact location shall be approved by the city engineer.
3. Improvements to provide water service, including fire hydrants, shall be in accordance with city standards, fire district requirements and the water purveyor providing service. Water service shall be from Mt. View-Edgewood Water Company, the city of Milton, Lakehaven Utility District, or other water purveyors approved by the city. Water from a private or community well may be approved for a plat, short plat or binding site plan when water services are not readily available and local and state approvals are obtained.
B. Prior to the construction of any improvements, the applicant shall furnish engineering construction plans to the city engineer. These plans must be prepared, signed, dated and stamped by a Washington State licensed civil engineer and shall be in accordance with the city of Edgewood standards and specifications prescribed in EMC Titles 11, 12, 13, 14 and 18.
C. The city engineer shall determine the technical requirements for construction plans. All construction drawings must meet the city engineer’s requirements for submittal.
D. Community development, public works and the fire district are responsible for reviewing all drawings, inspections and acceptance of improvements.
E. The applicant shall be responsible for the payment of the fees as set forth in the city of Edgewood fee schedule. (Ord. 23-652 § 50 (Exh. A); Ord. 06-269 § 2 (Exh. A)).
16.06.050 Bonds and financial guarantees.
A. In lieu of installing required improvements, an applicant may submit a bond or financial guarantee to the city to guarantee any required improvements, mitigation, or monitoring required as a condition of approval of any land division action.
B. Bonding or other financial guarantees shall be in accordance with EMC 16.04.100(C).
C. The city shall release the bond or guarantee upon the acceptance of the improvements, unless the time period of the bond or financial guarantee has expired, in which case the city shall use the bond or guarantee to install the improvements.
D. As a condition of accepting improvements, the city may require a warranty bond for a period of time of up to two years to guarantee the performance of the improvements. (Ord. 06-269 § 2 (Exh. A)).
16.06.060 Streets, block layout, and street names and numbers.
A. Full and short subdivisions and binding site plans shall abut on, or have access connecting to, a public street. The street and block layout shall integrate within the most advantageous means to adjoining areas, the entire neighborhood, and the city’s general street plan.
B. Streets, sidewalks, curbs, gutters, trails, lighting, vegetative planter strips and other improvements shall be provided in accordance with the requirements prescribed in EMC Title 12, Streets, Sidewalks and Public Places, Pierce County standard drawings and the street classification plan set forth in the comprehensive plan. The city engineer may modify the application of these standards to specific projects in accordance with accepted engineering practices.
C. All roads established by the division of land shall have street names or numbers assigned and clearly shown on the plat prior to approval and recording. Street names and numbers shall be assigned by the city and be clearly labeled on the face of the final plat, short plat or binding site plan. (Ord. 06-269 § 2 (Exh. A)).
16.06.070 Storm drainage, floods and flood control.
Compliance with applicable provisions of the Edgewood Municipal Code is required. Storm drainage regulations are found in Chapter 13.05 EMC, and flood control measures are found in EMC Titles 13, 14, 15 and 18. (Ord. 06-269 § 2 (Exh. A)).
16.06.080 Sanitary sewers and on-site septic systems.
Compliance with applicable regulations is required. Sanitary sewer regulations and on-site septic systems can be found in EMC Titles 11 and 13. Additionally, on-site septic systems must comply with Tacoma-Pierce County health department regulations and the requirements of this title. (Ord. 06-269 § 2 (Exh. A)).
16.06.090 Water.
The water distribution system, including fire hydrants, shall be designed and installed in accordance with city standards and the requirements of the public works department, fire department and the water purveyor providing service. Each lot shall be served by water from the Mt. View-Edgewood Water Company, Milton municipal water utility, Lakehaven Utility District, or another purveyor authorized and/or franchised by the city. When water service is not readily available, a letter of nonavailability is required from the water purveyor who would normally provide service; and approval of a well by the Tacoma-Pierce County health department is required. (Ord. 06-269 § 2 (Exh. A)).
16.06.100 Underground utilities.
Utilities shall be installed underground whenever, in the opinion of the city engineer, it serves the public interest for design considerations or public safety. (Ord. 06-269 § 2 (Exh. A)).
16.06.110 Gated communities.
Gated communities shall be prohibited, except where private streets provide access to individual lots, and where, in the opinion of the director and the city engineer, the streets cannot be reasonably extended in the future to provide connectivity with adjacent neighborhoods due to environmental constraints. (Ord. 06-269 § 2 (Exh. A)).
16.06.120 Parks and open space.
A. Approval of full subdivisions and binding site plans requires adequate provisions for parks and open space be made by one of the following methods:
1. Dedication of land, or public access easement, for the public’s use of the land as prescribed in subsections (B) and (C) of this section;
2. Payment of a park impact fee pursuant to Chapter 4.20 EMC; or
3. A combination of dedication/easement and impact fee payment.
B. Dedication/easement for parks or open space shall be allowed only if the dedication fits within the city’s parks and open space master plan.
C. The following criteria shall apply in determining if a dedication of land or public access easement is of sufficient size, character and quality to meet the intent of this section:
1. The proposed land/easement area shall be located within the boundaries of the full subdivision or binding site plan, or within a reasonable distance as determined by the director.
2. All lots within the full subdivision or binding site plan must have legal access to the proposed land/easement area.
3. The proposed dedication/easement area shall contain sufficient area that is equal to or greater than 75 percent of the level of service for parks or open space established by the Edgewood comprehensive plan.
4. The proposed dedication/easement area shall contain frontage on a street that is equal to at least 20 percent of the park/open space perimeter and that allows observation of play areas by residents. The director may approve alternative design measures that accomplish the same purpose of providing security.
5. The director may require that the proposed dedication/easement area be established adjacent to, or contiguous with, other parks, open space or other recreational areas in order to increase the overall benefits to the neighborhood or community.
6. The topography, soils, hydrographic and other physical characteristics of the proposed dedication/easement area shall be of such quality as to create a flat, dry, obstacle-free space on at least 50 percent of the total required area in a configuration that allows for active recreation such as children’s play equipment, picnicking, athletic fields, or other types of active recreation approved by the director.
7. Maintenance and operation of recreational facilities located on an easement shall be the responsibility of a separate entity, such as a homeowners’ association or other competent private organization approved by the director.
8. When land is dedicated to the public for parks or open space, the following additional criteria shall apply:
a. The land shall be located adjacent to an existing or proposed city park site, and shall be capable of being integrated into the park program for the site; or
b. The characteristics and location of the site make it suitable for future inclusion into the city of Edgewood park system as a mini or pocket park as defined in the comprehensive plan; or
c. The director concludes that dedication of the land will further comprehensive plan policies.
9. Prior to final approval of a full subdivision or binding site plan, adequate arrangements, as determined by the director, shall be made for the following:
a. All construction debris and hazards such as dead trees shall be removed from the site;
b. Vegetation shall be cleared along any street frontages and abutting properties as needed for regular observation of play areas;
c. A portion of the land may be required to be rough graded to create suitable areas for playing fields or other park uses; and
d. Cleared areas shall be replanted. (Ord. 06-269 § 2 (Exh. A)).
16.06.130 Impact fees.
Impact fees are required as prescribed in EMC Title 4. (Ord. 06-269 § 2 (Exh. A)).