Chapter 12.40
STREET SYSTEM IMPROVEMENTS

Sections

12.40.010    Intent and policy.

12.40.020    Construction of this chapter,
statement of purpose, fundamental principle.

12.40.030    Definitions.

12.40.040    Street system improvements required as a condition of building permit approval.

12.40.050    All development sites shall be served by paved streets.

12.40.060    Development sites fronting unpaved street surface.

12.40.070    Development sites fronting paved street surface.

12.40.080    Special provisions.

12.40.085    Special provisions, construction of one single-family residence.

12.40.090    SEPA review.

12.40.100    Street system improvements assessment reimbursement agreements.

12.40.110    Appeals.

12.40.120    Repealed.

12.40.010 Intent and policy.

It is the intent and policy of this chapter that all persons constructing real property improvements on lots abutting public rights-of-way are responsible for street system improvements, constructed in accordance with the “City of Des Moines Street Development Standards,” on public rights-of-way adjacent to such lots, and in limited circumstances, on public rights-of-way which connect to a paved street surface. [Ord. 1001 § 1, 1993.]

12.40.020 Construction of this chapter, statement of purpose, fundamental principle.

This chapter shall be liberally construed to effect the statement of purpose and fundamental principle described in this section. The fundamental principle of this chapter is that the owner, developer, and/or building permit applicant for proposed real property improvements is responsible for constructing street system improvements as defined in this chapter, or paying a street system improvement fee in lieu of construction as provided for in this chapter. Persons constructing real property improvements are relieved of one or more of these requirements in strict conformity with the exemptions described in this chapter. Persons constructing real property improvements are responsible for street system improvements to the extent those street system improvements do not exist at the time of building permit application. [Ord. 1231 § 1, 1999: Ord. 1001 § 2, 1993.]

12.40.030 Definitions.

(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(2) “Campus” means a development site under a single public or private ownership, upon which a structure or structures exist. By way of illustration and not limitation, a campus includes a public or private school, a multifamily development, a retirement housing facility, a nursing home facility, a continuing care retirement community, a boarding home, a hospital, a recreational facility, a business park, and a shopping center.

(3) “Developer” means the owner or building permit applicant for real property improvements.

(4) “Development site” means the lot or lots upon which real property improvements are proposed to be constructed.

(5) “Frontage” means that portion of the development site abutting public right-of-way; provided, however, in the case of development sites which are not substantially rectangular, such as “pipe-stem” lots, the frontage shall be equal to the greatest linear distance of the lot which is parallel to the public right-of-way. In the case of corner lots, “frontage” means any portion of the development site abutting any public right-of-way.

(6) “Fronting” means abutting a public right-of-way or public rights-of-way.

(7) “Nonconforming paved street surface” means asphaltic concrete or cement concrete street surface that does not conform with the current “City of Des Moines Street Development Standards,” but that the public works director finds to be adequate for projected vehicular traffic.

(8) “Off-site street system improvements” means street system improvements required to be similarly constructed on public right-of-way between the development site and a paved street surface.

(9) “On-site street system improvements” means street system improvements that are required to be constructed on public right-of-way adjacent to the frontage of the development site and extending to the centerline of the public right-of-way.

(10) “Paved street surface” means street surface that is either standard street surface or nonconforming paved street surface.

(11) “Real property improvements” means:

(a) Construction of a structure on an unimproved lot, except for one single-family residence;

(b) Additions, alterations, or repairs to an existing structure other than one single-family residence, where square footage is added to the structure, or the construction of accessory buildings as defined in Title 18 DMMC, except for one single-family residence; or

(c) Construction of an additional structure or structures on a campus.

(12) “Sidewalk routes” means sidewalk routes shown on a map prepared by the public works director and adopted by the city council by resolution or by ordinance pursuant to the comprehensive plan.

(13) “Street system improvements” include a half street section of street pavement (including appropriate subpaving preparation), surface water drainage facilities, sidewalks where required, curbs, gutters, street lighting, right-of-way landscaping (including street trees where required), and other similar improvements as required by the “City of Des Moines Street Development Standards.”

(14) “Standard street surface” means street surface that is paved in accordance with current “City of Des Moines Street Development Standards.”

(15) “Surface water drainage facilities” means piped and covered surface water drainage, including catchbasins, and such detention, retention, and biofiltration as the public works director shall require in accordance with sound engineering principles and the adopted ordinances and policies of the city.

(16) “Unpaved street surface” means street surface that is neither standard nor nonconforming paved street surface. [Ord. 1141 § 1, 1995: Ord. 1001 § 3, 1993.]

12.40.040 Street system improvements required as a condition of building permit approval.

(1) General Obligation. As a condition of building permit approval, the developer shall construct street system improvements in accordance with this chapter.

(2) Payment of Street System Improvement Fee in Lieu of Construction, Based upon Anticipated Public Development. If the public works director finds that a required street system improvement will be destroyed, altered or otherwise made obsolete due to development plans of the city or another governmental entity within six years, the public works director may require the developer make an in-lieu cash payment to the city. As determined by the public works director, the cash payment shall be based on the estimated cost of the improvements plus engineering and administrative costs. If the anticipated public project does not occur, the city will complete the improvements required under this chapter. [Ord. 1231 § 2, 1999: Ord. 1001 § 4, 1993.]

12.40.050 All development sites shall be served by paved streets.

All development sites shall be served by a paved street surface which connects to an existing paved street surface. [Ord. 1001 § 5, 1993.]

12.40.060 Development sites fronting unpaved street surface.

If the development site fronts an unpaved street surface, the developer is required to construct street system improvements in accordance with this section.

(1) If the distance of the development site along a connecting right-of-way from a paved street surface is not greater than two times the frontage of the development site or the frontage of the development site is greater than 150 feet, the developer shall construct complete street system improvements as defined in DMMC 12.40.030(13) along the frontage of the development site and extending off-site to a paved street surface.

(2) If the distance of the development site along a connecting right-of-way from a paved street surface is greater than two times the frontage of the development site and the frontage of the development site is 150 feet or less, the developer shall construct street pavement, surface water drainage facilities, and curb and gutter along the right-of-way frontage of the development site and shall construct street pavement off-site to connect with a paved street surface. [Ord. 1001 § 6, 1993.]

12.40.070 Development sites fronting paved street surface.

If the development site fronts a paved street surface, the developer shall construct street system improvements along the right-of-way frontage of the development site in accordance with this section.

(1) The developer shall construct surface water drainage facilities.

(2) The developer shall construct sidewalks if the development site fronts a sidewalk route.

(3) The developer shall construct curb, gutter, and right-of-way landscaping.

(4) If the developer is required to construct either curb, gutter, and sidewalk or solely curb and gutter, the developer is required to construct such street pavement as is necessary to provide continuity between the sidewalk, curb, and gutter or curb and gutter and the paved street surface. [Ord. 1001 § 7, 1993.]

12.40.080 Special provisions.

The following special provisions shall apply to additions, alterations, repairs, accessory buildings, and campus additions:

(1) In the case of real property improvements consisting of additions, alterations, or repairs to an existing structure where square footage is added to the structure, or the construction of accessory buildings as defined in Title 18 DMMC, street system improvements shall be constructed, to be selected by the public works director, the cost of which is not more than 10 percent of the total cost of the improvement. The public works director is authorized to waive construction of street system improvements if the public works director has made a written finding that the street system improvements required to be constructed in accordance with this section will be negligible and not in the public interest.

(2) In the case of real property improvements consisting of construction of an additional structure or structures on a private campus, such street system improvements shall be constructed, to be selected by the public works director, the cost of which is not more than 10 percent of the total cost of the improvement. In the case of real property improvements consisting of construction of an additional structure or structures on a campus owned by a public entity, street system improvements shall be constructed along the full frontage.

(3) In the case of corner lots or other development sites fronting more than one right-of-way, should the cost of the real property improvement be such that street system improvements would not be required on all rights-of-way fronting the development site, street system improvements shall be constructed on the right-of-way or rights-of-way selected by the public works director. [Ord. 1001 § 8, 1993.]

12.40.085 Special provisions, construction of one single-family residence.

Notwithstanding the provisions of DMMC 12.40.030(11) that exclude construction of one single-family residence from the definition of real property improvements, the developer of one single-family residence shall construct the following street system improvements as a condition of building permit approval:

(1) If the development site fronts entirely on an unpaved street surface, the developer shall construct a half-street section of street pavement along the frontage of the development site abutting the unpaved surface or, in the alternative, the property owner shall enter into an agreement with the city waiving the right of the property owner under RCW 35.43.180 to protest formation of a local improvement district for the construction of a paved street surface and surface water drainage facilities. The agreement shall specify the improvements to be financed by the district and shall set forth the effective term of the agreement, which shall not exceed 10 years. The agreement shall be recorded with the King County auditor;

(2) If the development site is a corner lot and fronts on both a paved street surface and an unpaved street surface, the developer shall construct half-street section of street pavement and surface water drainage facilities along the frontage of the development site abutting the unpaved street surface;

(3) If the development site is contiguous to a parcel that is served by paved street surface, the developer shall construct a half-street section of street pavement and surface water drainage facilities along the frontage of the development site abutting the existing paved street surface;

(4) Surface water drainage facilities in all cases, whether the development site fronts a paved street surface or an unpaved street surface; and

(5) If the development site fronts a paved street surface, minor edge improvements to the street pavement as required by the director of public works. [Ord. 1146 § 1, 1995: Ord. 1141 § 2, 1995.]

12.40.090 SEPA review.

Nothing contained in this chapter shall be construed to limit the responsible official in directing construction of additional street system improvements as mitigation measures under chapter 16.04 DMMC and the State Environmental Policy Act (SEPA) or a discretionary decision of the city council. [Ord. 1001 § 9, 1993.]

12.40.100 Street system improvements assessment reimbursement agreements.

A developer required to construct off-site street system improvements as required by this chapter is entitled to reimbursement as provided in chapter 12.44 DMMC. [Ord. 1001 § 10, 1993.]

12.40.110 Appeals.

Discretionary decisions of the public works director made in accordance with this chapter are subject to appeal under the hearing examiner code as appeals from administrative decisions, provided the aggrieved party files a written appeal within 10 days of receipt of the final decision of the public works director. [Ord. 1001 § 11, 1993.]

12.40.120 Variances.

Repealed by Ord. 1141. [Ord. 1107 § 1, 1994: Ord. 1098 § 1, 1994.]