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Chapter 14.56
STREETS AND SIDEWALKS
Sections:
Part I. Requirements
14.56.010 Street Classification
14.56.020 Costs of Right-of-Way Installation and Improvements Borne by Applicant
14.56.030 Access to Lots
14.56.040 Access to Arterial Streets
14.56.050 Entrances to Streets
14.56.060 Coordination with Surrounding Streets
14.56.070 Relationship of Streets to Topography
14.56.080 Street Width, Sidewalk, and Drainage Requirements in Subdivisions
14.56.090 General Layout of Streets
14.56.100 Dead End Streets/Cul-de-Sacs
14.56.110 Temporary Half-Streets
14.56.120 Street Intersections
14.56.130 Construction Standards and Specifications
14.56.135 Deviations to Construction Standards and Specifications
14.56.140 Construction Drawings Required Prior to Construction
14.56.150 Inspection of Public Improvements Required Prior to Issuance of Final Permits
14.56.160 Residential Public Streets and Private Roads
14.56.170 Right-of-Way Improvements and Dedication to Precede Development or Building
14.56.180 Road and Sidewalk Requirements in Unsubdivided Developments
14.56.190 Off-Site Traffic Mitigation
14.56.192 Collection of Pre-Annexation Traffic Mitigation Fees
14.56.200 Attention to Disabled Persons in Street and Sidewalk Construction
14.56.210 Street Names and House Numbers
14.56.220 Bridges
14.56.230 Utilities
14.56.240 Vacations of Public Rights-of-Way
14.56.250 Right-of-Way Permit Required
14.56.260 Implementation of Traffic Calming Techniques
14.56.270 Private Landscape Usage of Public Right-of-Way
Part II. Street Assessment Reimbursement Agreements
14.56.300 Purpose
14.56.310 Authorization
14.56.320 Applications
14.56.340 Assessment Methods
14.56.350 Notice to Property Owners
14.56.360 City Council Action
14.56.370 Contract Execution and Recording
Part I. Requirements
14.56.010 Street Classification.
(a) In all new subdivisions, streets shall be dedicated to public use, and shall be classified as provided in subsection (b) of this section.
(1) The classification shall be based upon the projected volume of traffic to be carried by the street, stated in terms of the number of trips per day;
(2) The number of dwelling units to be served by the street may be used as an indicator of the number of trips but is not conclusive;
(3) Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision.
(b) The classification of streets generally shall be consistent with the Washington State Department of Transportation Design Manual and shall be described as follows:
(1) “Freeway/Expressway” is an inter-regional divided or undivided highway connecting major centers. Typically, freeways have two or more lanes for traffic in each direction. Access is limited to interchanges designed for higher speed merging/diverging traffic.
(2) “Major Arterial” is an inter-community roadway connecting community centers or major facilities. Major arterials are generally intended to serve predominantly through traffic. Direct access to abutting property will be discouraged. Spacing between parallel major arterials is generally two miles or greater.
(3) “Minor Arterial” is an intra-community roadway for areas bounded by the major arterial system. Minor arterials serve trips of moderate length. Direct access to abutting property will be discouraged. Spacing of minor arterials is typically less than two miles.
(4) “Collector” is a roadway designed for movement within a community, including connecting neighborhoods with smaller community centers. Collectors also provide connections to minor and major arterials. Property access is generally a higher priority for collectors with a lower priority for through traffic movements. Spacing of collectors is generally one mile or less.
(5) “Local Access” is a roadway designed for connections to arterial and collector systems for individual neighborhoods and provides circulation within and/or between neighborhoods. Spacing of neighborhood collectors is typically one-half mile or less.
(6) “Access Tract” is a privately-owned tract of land used primarily for ingress/egress for one or more lots.
(7) “Alley” is a right-of-way providing access to the rear boundary of two or more residential or commercial properties and is not intended for general traffic circulation.
(8) “Cul-de-sac” is a street which terminates in a vehicular turnaround. (Ord. 796, Sec. 10, 2009)
14.56.020 Costs of Right-of-Way Installation and Improvements Borne by Applicant.
When rights-of-way improvements are required in conjunction with permit approval, all costs and expenses incident to the installation of rights-of-way to be dedicated to the public shall be borne by the applicant.
14.56.030 Access to Lots.
Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
14.56.040 Access to Arterial Streets.
Whenever a major subdivision that involves the creation of one or more new streets borders on or contains an existing or proposed arterial street, no direct driveway access may be provided from the lots within this subdivision onto this street unless no other access is possible.
14.56.050 Entrances to Streets.
(a) All driveway entrances and other openings onto streets within the City’s planning jurisdiction shall be constructed so that:
(1) Vehicles can enter and exit from the lot in question without posing any substantial danger to themselves, pedestrians, or vehicles traveling in abutting streets; and
(2) Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.
(b) Driveway cuts shall be limited to the following widths:
|
Single-Family Residential 10 feet minimum 20 feet maximum |
|
Multifamily Residential 20 feet minimum 30 feet maximum |
|
Commercial and Industrial 30 feet minimum 40 feet maximum |
(c) Specifications for driveway entrances are set forth in the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens. If driveway entrances and other openings onto streets are constructed in accordance with the foregoing specifications and requirements, this shall be deemed prima facie evidence of compliance with the standard set forth in subsection (a) of this section.
(d) For purposes of this section, the term “prima facie evidence” means that the permit-issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection (a) of this section. (Ord. 796, Sec. 11, 2009)
14.56.060 Coordination with Surrounding Streets.
(a) The street system of a subdivision shall be coordinated with existing, proposed, and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, “surrounding streets”) as provided in this section.
(b) Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.
(c) Local access residential streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.
(d) Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 1,000 feet may be created unless no other practicable alternative is available. (Ord. 796, Sec. 12, 2009)
14.56.070 Relationship of Streets to Topography.
(a) Streets shall be related appropriately to the topography. In particular, streets shall be designed to facilitate the drainage and storm water runoff objectives set forth in Chapter 14.64, and street grades shall conform as closely as practicable to the original topography.
(b) The maximum grade at any point on a street shall not exceed 15 percent unless no other practicable alternative is available. However, in no case may streets be constructed with grades that, in the professional opinion of the Public Works Director, create a substantial danger to the public safety. (Ord. 468, 1995)
14.56.080 Street Width, Sidewalk, and Drainage Requirements in Subdivisions.
(a) Streets are intended to serve several functions. These functions vary depending on the classification of the street: (1) to carry motor vehicle traffic, provide on-street parking; (2) to provide for safe and convenient pedestrian and nonmotorized travel; and (3) to aid in managing stormwater. The requirements outlined in this chapter are intended to ensure these objectives are met.
(b) All existing and planned streets which the City deems necessary for the completion of the City’s transportation system are shown and classified in the City’s Transportation Element of the Comprehensive Plan. However, the list of planned streets is nonexhaustive and other streets may be proposed by a permit applicant.
(c) Any permit application shall be reviewed for conformance with the Transportation Plan. If a planned street is shown to run through or adjacent to a property proposed for development, the proposal must include roadway dedication and improvements which are generally in conformance to the plan, and meet the development standards identified in this chapter.
(d) All public streets shall be constructed in accordance with the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens, except as modifications may be allowed for traffic calming purposes in compliance with the requirements contained in Section 14.56.260.
(e) Whenever convenient access from a subdivision to adjacent schools, parks or other public facilities is not provided through the dedication and improvement of streets pursuant to this chapter, the developer may be required to include an unobstructed easement of at least 10 feet in width and construct a pathway to provide such access.
|
Classification |
ROW Width (ft) |
Pavement Width (ft) |
Standard Plan |
|---|---|---|---|
|
Freeway/Expressway |
* |
* |
- |
|
Major Arterial |
* |
* |
- |
|
Minor Arterial |
70 |
48 |
2-010 |
|
Reduced Standard Minor Arterial3 |
60 |
42 |
2-010 |
|
Collector |
60 |
36 |
2-020 |
|
Reduced Standard Collector3 |
50 |
32 |
2-020 |
|
Local Access |
50 |
28 |
2-030 |
|
Reduced Standard Local Access2 |
40 |
24 |
2-040 |
|
Access Tract (Private) |
Varies |
20 |
2-050 |
|
Alley |
20 |
16 |
2-090 |
|
Cul-de-sac |
50 radius |
40 radius |
2-120 |
|
1Access easements shall have a minimum 20-foot width. 2Used in short subdivisions. 3Allowed in nonconforming situations by the approval of the Public Works Director or designee. * Determined by the Director of Public Works, designee, or WSDOT. |
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(Ord. 811, Sec. 92, 2010; Ord. 796, Secs. 13, 14, 2009; Ord. 676, Sec. 49, 2003; Ord. 662, Sec. 4, 2002; Ord. 590, 1998; Ord. 468, 1995)
14.56.090 General Layout of Streets.
(a) All streets shall be straight whenever practicable to the extent necessary to preserve and continue a grid system, except that variations in alignment are allowed as a part of a traffic calming project. Traffic calming projects are expected to be constructed in the context of the grid system, not in conflict with it.
(b) The width of blocks should be that which is sufficient to allow for two tiers of lots (plus width of an alley or public utility easement, if any), unless existing conditions render such requirements undesirable or impractical.
(c) The length of residential blocks should range between 500 and 700 feet, unless no other practicable alternative is available.
(d) Streets shall be laid out so that the lengths, widths and shapes of blocks adequately:
(1) Provide suitable building sites for the type of use to be accommodated;
(2) Provide for subsequent construction to be able to comply with the zoning requirements;
(3) Address the limitations and opportunities presented by the topography;
(4) Address the need for convenient access, circulation, control and safety of vehicles and pedestrians.
(e) To the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.
(f) Pedestrian ways shall be required near the middle of all blocks longer than 800 feet unless deemed infeasible by the Planning Director.
(g) Where a tract is subdivided into lots or tracts of an acre or more, the arrangement of lots and streets shall be such as to permit a later re-subdivision in conformance with the street and lot requirements specified in these regulations.
(h) There shall be no reserve strips controlling access to streets, except where such strips are required by the City. (Ord. 662, Sec. 5, 2002; Ord. 468, 1995)
14.56.100 Dead End Streets/Cul-de-Sacs.
(a) Dead-end streets shall be avoided. Cul-de-sacs may be used only when conditions warrant their use.
(b) When allowed under subsection (a) of this section, all permanent dead-end streets (as opposed to temporary dead-end streets; see Section 14.56.060(d)) shall be developed as cul-de-sacs in accordance with the standards set forth in subsection (d) of this section.
(c) Except where no other practicable alternative is available, such streets may not extend more than 500 feet (measured to the center of the turnaround).
(d) The right-of-way of a cul-de-sac shall have a radius of 50 feet. The radius of the paved portion of the turnaround (measured to the face of the curb) shall be 40 feet, with curb, gutter, landscape strip, sidewalk and utility strip within the remaining 10 feet.
14.56.110 Temporary Half-Streets.
(a) Temporary half-streets (i.e., streets of less than the full required right-of-way and pavement width) may be allowed at the discretion of the decision-making authority under the following conditions:
(1) Where such street, when combined with a similar street developed previously, simultaneously, or anticipated to be built within a reasonable time frame on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirements of this title.
(2) Where no more than 10 dwelling units will use the half-street.
(3) Where a temporary half-street is allowed, the first half of the half-street to be built shall be paved, at a minimum, to a width equal to three quarters of the ultimate paved width. Curb, gutter, sidewalk, planter strip, and street trees are to be built in conjunction with each respective half-street on the side adjacent to the proposed project.
(4) Where a public right-of-way easement has been or is being dedicated to the City over those portions of the adjacent property to be used as a half-street.
14.56.120 Street Intersections.
(a) Streets shall intersect as nearly as possible at right angles, and no two streets may intersect at less than 60 degrees. Not more than two streets shall intersect at any one point, unless the Public Works Director certifies to the permit-issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.
(b) Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a centerline offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 150 feet.
(c) Except when no other alternative is practicable or legally possible, no two streets may intersect with an arterial on the same side at a distance of less than 1,000 feet measured from centerline to centerline of the intersecting street.
14.56.130 Construction Standards and Specifications.
Construction and design standards and specifications for streets, sidewalks, and curbs and gutters are contained in the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens, and all such facilities shall be completed in accordance with these standards except for deviations as provided for in Section 14.56.135. (Ord. 796, Sec. 15, 2009; Ord. 731, Sec. 3, 2006)
14.56.135 Deviations to Construction Standards and Specifications.
Deviations to the Engineering Design and Development Standards may be granted by the Public Works Director when situations arise where alternatives to the standards may better accommodate existing conditions, overcome adverse topography or allow for more cost-effective solutions without adversely affecting safety, operations, maintenance or aesthetics pursuant to subsection (c) of this section.
(a) Unless otherwise specified in this title, deviations may only be granted for standards and specifications that relate to and implement Sections 14.56.080(d) and (e), Table 14.56-I (except right-of-way type and standards for state highway), and Sections 14.56.100(b) and (d).
(b) Deviations shall be processed in accordance with the administrative guideline specified in Section 14.04.120(b)(10).
(c) Requests for deviation shall, at a minimum, comply with the following criteria:
(1) The deviation will achieve the intended result of the standards with a comparable or superior design and quality of improvement;
(2) The deviation will not adversely affect safety or operations;
(3) The deviation will not adversely affect maintenance and related costs;
(4) The deviation will not adversely affect the environment; and
(5) The deviation will not adversely affect aesthetic appearance.
(d) An annual report of deviation requests shall be submitted to the City Council. (Ord. 811, Sec. 92, 2010; Ord. 796, Sec. 16, 2009; Ord. 731, Sec. 3, 2006)
14.56.140 Construction Drawings Required Prior to Construction.
No right-of-way improvements shall be installed without first obtaining construction plan approval from the City Engineer. Said right-of-way improvement plans shall be certified by a licensed engineer for approval by the Public Works Director prior to starting construction. (Ord. 796, Sec. 17, 2009)
14.56.150 Inspection of Public Improvements Required Prior to Issuance of Final Permits.
All public improvement work shall be inspected by the Public Works Director or his representative prior to issuance of any final land use or building permit.
14.56.160 Residential Public Streets and Private Roads.
(a) Except as otherwise provided in this section, all lots created after the effective date of the ordinance codified in this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 14.56.030 (Access to Lots). For purposes of this section, the term “public street” includes a preexisting public street as well as a street created by the subdivider that meets the public street standards of this title and is dedicated for public use. The recordation of a plat shall constitute an offer of dedication of such street.
(b) Private roads shall not be allowed in major subdivided developments.
(c) Private access tracts may only be created through the short plat process and shall provide access for four or fewer dwelling units. Where an existing private access tract is nonconforming with respect to minimum tract width or minimum pavement width, no additional dwelling units may take access off of the tract without bringing it into conformance with this chapter. Where a private access tract is used, and an adjacent property is capable of being short platted with a private access tract, such tracts shall be located in such a way so as to allow them to be combined into one 50-foot right-of-way in the event that the property owners wish to improve and dedicate it as a public street.
(d) Access easements shall provide access to no more than two dwelling units. Where an existing access easement is nonconforming with respect to minimum easement width or minimum pavement width, no additional dwelling units may take access off of the easement without the developer bringing it into conformance with this chapter. Access easements shall be a minimum of 20 feet in width and shall have a minimum paved surface of 10 feet per dwelling unit accessed by that paved section of easement.
(e) Shared driveways shall meet the requirements of minimum total easement width and minimum paved surface width as described in subsection (d) of this section. Because shared driveways have two easements, the total easement width shall include both easements. No shared driveway may provide access to more than two dwelling units. (Ord. 796, Sec. 18, 2009; Ord. 590, 1998; Ord. 468, 1995)
14.56.170 Right-of-Way Improvements and Dedication to Precede Development or Building.
(a) No land use or building permit shall be issued by the City unless or until the right-of-way improvements upon which the same abuts are deemed fully improved to the standards of the right-of-way classification as specified in Section 14.56.010 and the City’s Transportation Plan and offered for dedication to the public.
(b) Resurfacing of an existing public street to its centerline shall not be required for a single-family or a single duplex development.
(c) Right-of-way improvements shall be completed as follows, except as provided in subsection (d) of this section:
(1) Major subdivisions and short subdivisions: prior to recording the final plat.
(2) Construction of a dwelling unit, business, commercial or industrial building within any 12-month period, which exceeds 50 percent of the assessed value of the existing building on the property: prior to occupancy.
(3) Development of a mobile home park or sites with multiple buildings under common ownership: prior to occupancy.
(4) Any change in the use classification of an existing building or structure on the property: prior to occupancy.
(d) The Public Works Director may deem subsection (a) of this section fulfilled under the below-listed circumstances. It shall be at the Public Works Director’s discretion, based on knowledge of upcoming projects in the vicinity, safety issues, or sound engineering judgment, as to which method shall be allowed or not allowed. Improvements may be deemed fully installed:
(1) Where the rights-of-way are already improved to their classification standards and dedicated to the City.
(2) Where the City chooses to purchase rights-of-way and install the improvements. However, under no circumstances is the City obligated to do this.
(3) Where the applicant, understanding that the land use or building permit sought cannot be issued until the improvements are deemed installed by the Public Works Director, installs the improvements himself at his own cost and offers the rights-of-way to the public.
(4) Where the applicant has dedicated the rights-of-way to the public and provided a surety bond ensuring that the improvements shall be installed within one year. Said warranty bond shall meet the requirements of Chapter 14.16A.180 (Security Mechanisms).
(5) If subsections (d)(1) through (4) of this section are deemed infeasible by the Public Works Director: Where the applicant has dedicated the rights-of-way to the public and elected to pay to the City a fee in lieu of improvements. In such circumstances said monies would be maintained in an account to be used specifically for transportation improvements. The properties contributing to these improvements cannot be subject to any future local improvement district for those improvements being paid for.
(6) If subsections (d)(1) through (5) of this section are deemed infeasible by the Public Works Director: Where the applicant has dedicated the rights-of-way to the public, and provided a recorded covenant power of attorney to the City in support of a petition local improvement district (hereinafter referred to as “LID covenant”) for construction of right-of-way improvements, together with all necessary appurtenances. Forms for the LID covenant shall be provided by the City and approved by the City Attorney. (Ord. 811, Sec. 57, 2010; Ord. 796, Sec. 19, 2009; Ord. 501, Sec. 12, 1995)
14.56.180 Road and Sidewalk Requirements in Unsubdivided Developments.
(a) Within unsubdivided developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be determined by the provisions of this title dealing with parking (Chapter 14.72) and drainage (Chapter 14.64). To the extent not otherwise covered in the foregoing chapters, and to the extent that the requirements set forth in this chapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this chapter may be applied to satisfy the standard set forth in the first sentence of this subsection.
(b) Whenever a road in an unsubdivided development connects two or more collector or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated to the public. In other cases when roads in unsubdivided developments within the city are constructed in accordance with the specifications for subdivision streets, the city may accept an offer of dedication of such streets.
(c) In all unsubdivided residential development, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities. Notwithstanding the foregoing, sidewalks shall not be required where pedestrians have access to a road that serves not more than nine dwelling units.
(d) Whenever the permit-issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer may be required to reserve an unobstructed easement of at least 10 feet to provide such access.
(e) The sidewalks required by this section shall be at least five feet wide and constructed according to the specifications set forth in the currently adopted version of the Engineering Design and Development Standards for the City of Lake Stevens. (Ord. 796, Sec. 20, 2009)
14.56.190 Off-Site Traffic Mitigation.
(a) Applicants for all administrative conditional or conditional use permits, Planning Director or Public Works Director approvals for short subdivisions creating five or more lots, all multifamily residential (four dwelling units or greater), commercial, industrial, or recreational building permits shall, where warranted, contribute to off-site right-of-way improvements based upon traffic volumes generated by the project and other factors indicated below; provided, that in the event the City requires formation of a local improvement district (LID) for construction of right-of-way improvements the developer’s contribution share shall be determined as provided in Chapter 36.88 RCW and by City ordinance. The volume of traffic generated by the project in relationship to the total of current traffic volumes plus the traffic generated by the development expressed in ADT will be used as the primary measurement in establishing the share of cost of the road improvement or its implementation which the permit applicant will be required to fund. The ratio of traffic volumes will be determined by dividing the number of vehicles being added as a result of the applicant’s proposal by the ADT using the road system following development. The number of vehicle trips being added by the development will be determined by using the following trip generation factors listed in Table 14.56-II.
(b) Other trip generation factors will be determined and supplied by the Planning Director or Public Works Director as needed using the document Trip Generation (Institute of Transportation Engineers, Arlington, VA, current edition). The Planning Director or Public Works Director may reduce such trip generation factors where adequate public transportation facilities are available, or where the type of development clearly will not generate the number of daily trips set forth as a factor above.
|
LAND-USE TYPE |
DAILY TRIPS |
UNIT |
|---|---|---|
|
Single-family |
10.0 |
Dwelling unit |
|
Apartments |
6.1 |
Dwelling unit |
|
Industrial & Warehouse |
8.0 |
1,000 sq. ft. gross leasable floor area |
(c) The analysis required in subsections (a) and/or (b) of this section shall be provided by the applicant, in the form of a traffic impact study prepared by a qualified traffic engineer and conforming to the administrative guideline entitled “Traffic Impact Analysis Guidelines (TIAG).” The traffic reports so generated shall be reviewed by the Planning Director, or its representative, for conformance to the intent of this section, the TIAG and traffic engineering standards. Where differences of professional opinion exist, the Planning Director’s opinion shall be final.
(d) A fee for traffic report review, as set by resolution, shall be levied against the applicant. (Ord. 811, Sec. 58, 2010)
14.56.192 Collection of Pre-Annexation Traffic Mitigation Fees.*
Pursuant to the terms of an interlocal agreement with Snohomish County, the City may collect traffic impact mitigation fees that were imposed by the County under County code and for which the application was vested under County code, where the subject property has been annexed to the City since the fees were imposed by the County. The City may condition the issuance of building permits or a certificate of occupancy on the payment of such fees. When the fees are paid to the City, the City shall issue a receipt to the applicant which deems the fee obligation of the City and the County satisfied and which indemnifies the applicant from payment of such fees to the County. (Ord. 859, Sec. 1, 2011)
* Code reviser’s note: Section 3 of Ordinance 859 adopts sections of the Snohomish County Code concerning mitigation fees and concurrency determination. The text of these sections is attached as Exhibit 1 to the ordinance, on file with the City Clerk’s office.
14.56.200 Attention to Disabled Persons in Street and Sidewalk Construction.
(a) Whenever curb and gutter construction is used on public streets, wheelchair ramps for disabled persons shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the Washington State Building Code addressing accessibility.
(b) In unsubdivided developments, sidewalk construction for disabled persons shall conform to the requirements of the chapter of the Washington State Building Code addressing accessibility. (Ord. 468, Sec. 2, 1995)
14.56.210 Street Names and House Numbers.
Street names and house numbers assigning procedures are hereby established by policy. (Ord. 539, 1997; Ord. 515, Sec. 1, 1996; Ord. 468, Sec. 2, 1995)
14.56.220 Bridges.
All bridges shall be constructed in accordance with the standards and specifications of the Washington State Department of Transportation and the Washington State Department of Fish and Wildlife, except that bridges on roads not intended for public dedication may be approved if designed by a licensed architect or engineer and approved by the Washington State Department of Fish and Wildlife.
14.56.230 Utilities.
Utilities installed in public rights-of-way or along private roads shall conform to the requirements set forth in Chapter 14.60 (Utilities).
14.56.240 Vacations of Public Rights-of-Way.
Applications for vacations of public rights-of-way shall be processed according to Section 14.16C.095. (Ord. 811, Sec. 59, 2010)
14.56.250 Right-of-Way Permit Required.
Prior to performing any work within a public right-of-way, the person performing the work shall obtain a right-of-way permit from the Public Works Director, who may condition the permit as necessary to protect the public health, safety and welfare. (Ord. 468, 1995)
14.56.260 Implementation of Traffic Calming Techniques.
(a) The standards contained within this chapter may be varied on new roads or modifications of existing roads for the purpose of implementing traffic calming techniques and the following criteria are met:
(1) There is a demonstrated need for calming (i.e., not an excuse to build substandard roads).
(2) The modifications are limited to the least amount necessary to implement the desired technique.
(3) It is demonstrated to the satisfaction of the Lake Stevens Public Works and Police Departments that the proposed techniques will be effective in achieving their objectives.
(4) The proposal does not result in the level of service (LOS) dropping lower that the adopted standard for any City road.
(5) The proposal does not create a traffic hazard.
(6) The proposal does not come at cost of bike lane or pedestrian access.
(7) Developers who install traffic calming techniques are encouraged to also incorporate low impact development techniques for stormwater management. Toward that end, projects may incorporate storm facilities in lieu of landscape strip.
(8) The proposal must be acceptable to public works for purposes of not creating undue maintenance needs and for ensuring the replacement life of the facilities is acceptable relative to the costs of replacing the facilities.
(9) The proposal must be acceptable to the fire and police chiefs for public safety purposes.
(10) For modifications to existing streets where significant use of on-street parking already occurs, the proposal must accommodate on-street parking.
(11) The proposal must accommodate installation of utilities to adopted standards. The proposal does not significantly increase the potential to adversely impact the environment than would building a standard street.
(12) The proposal doesn’t significantly impact residents access or adversely impact adjacent or nearby properties.
(b) Prior to approval of modifying an existing street not associated with a land use development, the City Council shall conduct a public meeting to solicit input from people in the affected neighborhood. In making a decision whether to approve a proposal, the Council shall consider public testimony in regards to the previous criteria, and any other information which demonstrates the appropriateness of the proposal.
(c) For new streets in new developments, public comments and testimony shall be afforded through the process set forth for the land use permit associated with the new development. (Ord. 796, Sec. 21, 2009; Ord. 662, Sec. 6, 2002)
14.56.270 Private Landscape Usage of Public Right-of-Way.
(a) Right-of-way dedicated for the purpose of public use may be used by an adjacent private property owner for landscape enhancement as described in subsection (b) of this section, or as described in subsection (c) of this section if approved in writing by the Public Works Director, and provided the enhancement does not:
(1) Occur within a right-of-way adjacent to a designated state route without prior approval from WSDOT of the proposed enhancement; and
(2) Create a sight distance condition for both the public and the adjacent properties within the public right-of-way; and
(3) Impact or alter existing drainage flows or existing drainage systems within the right-of-way; and
(4) Obstruct pedestrian movement as existing prior to any enhancement work; and
(5) Come within three feet from the edge of the existing driving lane; and
(6) Have a casted cement concrete, asphalt, or metal foundation; and
(7) Add additional impervious surface; and
(8) Create a glare from the sun or headlights that affect users of the public right-of-way; and
(9) Have electrical power service; and
(10) Require mechanical excavation for placement; and
(11) Include a sign or moving object (i.e., wind- or self-power-operated yard display); and
(12) Create a health, safety, and welfare concern or issue to the public as determined by the Public Works Director.
(b) Private enhancement allowed within the public right-of-way requires the approval of the Public Works Director unless included in the following:
(1) Manicured lawn.
(2) Ground cover, bushes, shrubs and plants.
(3) City-approved street trees.
(4) Nonstructure landscaping walls less than three feet in height.
(5) Paver bricks and concrete patio type step blocks.
(6) Landscaping rocks no larger than six inches at the widest point.
(7) Landscaping bark.
(8) Mailbox.
(9) Irrigation system up to five-eighths-inch in diameter pipe size.
(10) Gravel shoulder using a crush surface base course material with fines that allows for compaction.
(c) Requests for an approval for the placement of an enhancement within the public right-of-way not included in subsection (b) of this section shall be submitted in writing to the Public Works Director. The request must include a detailed description of the proposed enhancement and a sketch showing the location of the proposed enhancement. The Public Works Director shall provide a written response to all requests either approving or denying approval. If a request is denied, an explanation will be provided. The decision of the Public Works Director shall be final and conclusive and there shall be no right of appeal.
(d) A right-of-way permit per Section 14.56.250 will be required prior to private enhancement being placed in the public right-of-way with the following private enhancements being exceptions:
(1) Manicured lawn.
(2) Ground cover, bushes, shrubs and plants.
(3) Paver bricks and concrete patio type step blocks.
(4) Landscaping bark.
(e) Any private enhancement placed within the public right-of-way may be required by the City to be removed at some future date. When practical, the City shall give 15 calendar days’ notification to the adjacent property owner to remove such enhancement. In the event that the adjacent property owner does not remove such enhancements following the 15 calendar days’ notification or the Public Works Director determines that an immediate action is needed, such as a safety, weather related, or part of a construction project, that requires the use of the public right-of-way, the City may take immediate action to remove any enhancement within the public right-of-way. The costs of such abatement by the City shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.
(f) The owner of the adjacent property is responsible for the maintenance of private enhancement along its frontage and sides. If maintenance is needed for public safety, the City may perform the work without notification to the property owner. The costs of such maintenance shall be deemed costs of abatement and shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.
(g) The City shall not be responsible to protect, preserve, or return any enhancements removed from the public right-of-way. No reimbursement will be made by the City for any loss, removal, or damage to said enhancements within the public right-of-way.
(h) The City’s cost of abatement or costs of maintenance shall be the City’s actual costs plus an administrative fee of not less than 15 percent.
(i) Enhancements installed and maintained in accordance with the provisions of this section shall not be deemed a nuisance under Section 9.60.170. (Ord. 843, Sec. 1, 2011)
Part II. Street Assessment Reimbursement Agreements
14.56.300 Purpose.
This part implements and makes available to the public the provisions of Chapter 35.72 RCW as the same now exists or may hereafter be amended.
14.56.310 Authorization.
The Public Works Director is authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by state law, provided, such application substantially conforms to the requirements of this chapter.
14.56.320 Applications.
Applications for the establishment of an assessment reimbursement area shall be accompanied by the application fee as set by the City Council by resolution and shall include the following items:
(a) Detailed construction plans and drawings of the entire street project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer.
(b) Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration.
(c) A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.
(d) A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within said area.
(e) A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.
(f) Envelopes addressed to each of the record owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided.
(g) Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project.
14.56.340 Assessment Methods.
The Public Works Director shall use a method of assessment which is based on the benefit to the property owner from the project, which may include the methods of assessment authorized in RCW Chapter 35.44 for local improvement districts.
14.56.350 Notice to Property Owners.
Prior to the execution of any contract with the City establishing an assessment reimbursement area, the Public Works Director or designee shall mail, via registered mail, a notice to all record property owners within the assessment reimbursement area as determined by the City on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rata share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within _______ (__) years of the date a contract establishing such area is recorded with Snohomish County provided such development would have required similar street improvements for approval.
You have a right to request a hearing before the City Council within twenty (20) days of the date of this notice. All such requests must be made in writing and filed with the City Clerk. After such contract is recorded it shall be binding on all owners of record within the assessment area who are not a party to the contract.
14.56.360 City Council Action.
If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of the hearing shall be given to all affected property owners in addition to the regular notice requirements specified by this part, the cost of which shall be borne by the applicant. At a hearing the City Council shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required and shall authorize the execution of appropriate documents. The City Council’s ruling on these matters is determinative and final. If no hearing is requested, the Council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners.
14.56.370 Contract Execution and Recording.
(a) Within 30 days of final City Council approval of an assessment reimbursement agreement, the applicant shall execute and present such agreement for the signature of the appropriate City officials.
(b) The agreement must be recorded in the Snohomish County Recorder’s Office within 30 days of the final execution of the agreement.
(c) If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement. (Ord. 468, 1995)