Chapter 18.45
DEVELOPMENT STANDARDS – ADEQUACY OF PUBLIC FACILITIES AND SERVICES

Sections:

18.45.010    Purpose.

18.45.020    General requirements.

18.45.030    Adequate sewage disposal.

18.45.040    Adequate water supply.

18.45.050    Surface water management.

18.45.060    Adequate transportation system.

18.45.070    Adequate vehicular access.

18.45.080    Adequate fire protection.

18.45.090    School concurrency – Applicability and relationship to fees.

18.45.100    Findings, recommendations, and decisions regarding school capacities.

18.45.120    School concurrency standard.

18.45.130    Credit for improvements.

18.45.010 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 of 1990 by:

A. Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision prior to development;

B. Allocating the cost of those facilities and services fairly; and

C. Providing a general framework for relating development standards and other requirements of this code to:

1. Adopted service level standards for public facilities and services;

2. Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and

3. The review of development permit applications. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.020 General requirements.

A. All new development proposals including any use, activity or structure that requires City 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:

1. Sewage disposal;

2. Water supply;

3. Surface water management;

4. Streets and access;

5. Fire protection service; and

6. Schools.

B. Applications for all new development proposals requiring water or sewer service shall include a certificate of water availability and a certificate of sewer availability from the department to demonstrate compliance with this chapter and other provisions of this code, the comprehensive plan and the Growth Management Act.

C. Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.030 Adequate sewage disposal.

All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows:

A. A public sewage disposal system is adequate for a development proposal; provided, that:

1. For the issuance of a building permit, preliminary plat or short plat approval or other land use approval, the site of the proposed development is or can be served by an existing disposal system consistent with KMC Title 13, and the disposal system has been approved by the department as being consistent with applicable State and local design and operating guidelines;

2. For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection (A)(1) of this section is installed to serve each building or lot;

3. For a zone reclassification, the timing of installation of required sewerage improvements shall be contained in the approving ordinance; and

B. A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of Seattle/King County public health as to lot size, soils and system design prior to issuance of a certificate of occupancy for a building or change of use permit. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.040 Adequate water supply.

All new development shall be served by an adequate public or private water supply system as follows:

A. A public water system is adequate for a development proposal; provided, that:

1. For the issuance of a building permit, preliminary plat or short plat approval or other land use approval, the applicant must demonstrate that the existing water supply system available to serve the site:

a. Complies with the applicable planning, operating and design requirements of Chapter 246-290 WAC; Chapters 12.50 and 12.55 KMC and KMC Title 15; coordinated water system plans; KMC Titles 8, 9, and 13 and other applicable provisions of the rules and regulations of Seattle/King County public health; and any limitation or condition imposed by the City-approved comprehensive plan of the water purveyor; and

b. The proposed improvements to an existing water system have been reviewed by the department and determined to comply with the design standards and conditions specified in subsection (A)(1)(a) of this section; or

c. A proposed new water supply system has been reviewed by the department and determined to comply with the design standards and conditions specified in subsection (A)(1)(a) of this section;

2. Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements set forth in subsection (A)(1) of this section shall be installed to serve each building or lot respectively;

3. For a zone reclassification, the timing of installation of required water system improvements shall be included in the approving ordinance.

B. An on-site, individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued, if:

1. The buildings or lots to be served are located outside of a City-approved water purveyor service area; or

2. The water purveyor has indicated that service cannot be provided in compliance with the purveyor’s approved comprehensive plan; and

3. Seattle/King County public health has approved the proposed method of water supply in accordance with the applicable health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the department and Seattle/King County public health that a private individual water system will be adequate. Seattle/King County public health may require installation of private individual water systems prior to final approval of a plat or short plat where information is insufficient to show an adequate water supply can be made available. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.050 Surface water management.

All new development shall be served by an adequate surface water management system as follows:

A. The proposed system is adequate if the development proposal site is served by a surface water management system approved by the department as being consistent with the design, operating and procedural requirements of the Surface Water Design Manual and KMC Title 13;

B. For a subdivision, short subdivision, zone reclassification, site plan review or master plan, the phased installation of required surface water management improvements shall be stated in the conditions of project approval. Such phasing may require that a bond or similar security be deposited with the City; and

C. An adjustment from the requirements of the Surface Water Design Manual and KMC Title 13 shall be reviewed as set forth in KMC 13.35.050 and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in this title. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.060 Adequate transportation system.

A. All new development shall be served by an adequate transportation system as described in KMC 12.80.020.

B. As a result of the impact created by a proposed development, dedication or deeding to the City of right-of-way or a portion thereof for public streets in accordance with City street standards shall be required within or along the boundaries of the site:

1. Where the six-year capital improvement plan indicates the necessity of a new right-of-way or portion thereof for street purposes;

2. Where necessary to extend or to complete the existing or future neighborhood street pattern as shown on the City street map (see KMC Title 12);

3. Where necessary to provide additions of right-of-way to existing City right-of-way;

4. Where necessary to conform to City street standards or City street improvement projects; or

5. Where necessary to provide a public transportation system that supports future development of abutting property consistent with the Kenmore comprehensive plan.

C. A variance request from the street cross-section or construction standards established by KMC Title 12, Streets and Bridges, shall be reviewed as set forth in KMC 12.50.060 and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in this title. [Ord. 16-0420 § 5 (Exh. 3); Ord. 11-0329 § 3 (Exh. 1).]

18.45.070 Adequate vehicular access.

All new development shall be served by adequate vehicular access as follows:

A. The property upon which the development proposal is to be located has direct access to:

1. A public or private street that meets City street standards or is formally declared acceptable by the city manager; or

2. The property has access to such a street over a private driveway approved by the City;

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

1. Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in Chapter 18.40 KMC;

2. 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 or trash collection); and

3. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City, to all required off-street parking spaces on the premises. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.080 Adequate fire protection.

All new development shall be served by adequate fire protection as set forth below:

A. The site of the development proposal shall be served by a water supply system that provides at least minimum fire flow and a street system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by KMC Title 15;

B. For a zone reclassification, the timing of installation of required fire protection improvements shall be stated in the approving ordinance, secured with a bond or similar security, and deposited with the City; and

C. A variance request from the requirements established by KMC Title 15 shall be reviewed as set forth in KMC 15.15.090 and/or in Article 2 of the currently adopted edition of the fire code and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in this title. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.090 School concurrency – Applicability and relationship to fees.

A. The school concurrency standard set out in KMC 18.45.120 shall apply to applications for preliminary plat, short plats of more than four lots, mobile home parks, requests for multifamily zoning, and land use and building permits for multifamily housing projects which have not been previously evaluated for compliance with the concurrency standard.

B. The City’s finding of concurrency shall be made at the time of preliminary plat, short plat or other land use permit approval, at the time that a request to actualize potential multifamily zoning is approved, at the time a mobile home park site plan is approved, or prior to building permit issuance for multifamily housing projects which have not been previously established for compliance with the concurrency standard. Once such a finding has been made, the development shall be considered as vested for purposes of the concurrency determination.

C. Excluded from the application of the concurrency standard are:

1. Building permits for individual single-family dwellings;

2. Any form of housing exclusively for senior citizens, including nursing homes and retirement centers;

3. Shelters for temporary placement, relocation facilities and transitional housing facilities;

4. Replacement, reconstruction or remodeling of existing dwelling units;

5. Short subdivisions of four or less lots; and

6. Any residential building permit for any development proposal for which a concurrency determination has already been made pursuant to the terms of this title.

D. All of the development activities which are excluded from the application of the concurrency standard are subject to school impact fees imposed pursuant to KMC Title 20.

E. The assessment and payment of impact fees are governed by and shall be subject to the provisions in KMC Title 20 addressing school impact fees.

F. A certification of concurrency for a school district shall not preclude the City from collecting impact fees for the district. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.100 Findings, recommendations, and decisions regarding school capacities.

A. The city manager and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats, short plats, or land use approvals for multifamily housing projects, mobile home parks, or multifamily zoning, and multifamily building permits, shall consider the school district’s capital facilities plan.

B. The school district is authorized to present testimony and documents demonstrating a lack of concurrency in the district and the inability of the district to accommodate the students to be generated by a specific development.

C. Based upon a finding that the impacts generated by the plat, short plat, mobile home park or the multifamily development were generally not anticipated at the time of the last approval of a school district capital facilities plan and were not included in the district’s long-range forecast, the city manager may require or recommend phasing or provision of the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act.

D. Determinations of the hearing examiner or city manager regarding concurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the council for possible modifications.

E. Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the hearing examiner or the city manager pursuant to the State Environmental Policy Act or the State Subdivision Act. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.120 School concurrency standard.

A. Schools shall be considered to have been provided concurrently with the development which will impact the schools if:

1. 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

2. The necessary financial commitments are in place to assure the completion of the needed improvements to meet the school district’s standard of service within three years of the time that the impacts of development are expected to occur. Necessary improvements are those facilities identified by the school district in its capital facilities plan.

B. Any combination of the following shall constitute the “necessary financial commitments” for the purposes of subsection A of this section:

1. The district has received voter approval of and/or has bonding authority;

2. The district has received approval for federal, State, or other funds;

3. The district has received a secured commitment from a developer that the developer will construct the needed permanent school facility, and the school district has found such facility to be acceptable and consistent with its capital facilities plan; and/or

4. The district has other assured funding, including but not limited to school impact fees which have been paid.

C. Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and 58.17.110. [Ord. 11-0329 § 3 (Exh. 1).]

18.45.130 Credit for improvements.

Whenever a development is granted approval subject to a condition that the development proponent actually provide a permanent school facility acceptable to the district, the development proponent shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by KMC Title 20. The cost of construction shall be estimated at the time of approval, but must be documented and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. [Ord. 11-0329 § 3 (Exh. 1).]