Chapter 13.68


13.68.010    Definitions.

13.68.020    Purpose and applicability.

13.68.030    Administration.

13.68.040    Design standards/grades.

13.68.050    Construction.

13.68.060    Issuance of building permit.

13.68.070    Administrative modification.

13.68.080    Appeal procedure.

13.68.010 Definitions.

For the purpose of this chapter the following definitions shall apply:

A.    “Alley” means the minor portion of the public road network not designed for general travel and used primarily as means of access to the rear of residences and business establishments.

B.    “Alley improvement” means the drainage, grading and pavement facilities required to improve the alley to city design standards.

C.    “City engineer” means the person appointed by the mayor to position of engineering department head, or his designee.

D.    “Right-of-way” means the public property used or reserved for municipal purposes including all public utilities and street usages.

E.    “Street” means all or any portion of the city public road network open to the public for travel with exception of alleys and limited access highways designated as state highways.

F.    “Street improvements” means the installation of all public facilities required to improve the street or alley to city design standards including grading, drainage, pavement, curb/gutter, sidewalk, streetlights, traffic signals and other necessary appurtenances. Such street improvements shall not be limited to the half street abutting the property; for example, where no permanent street improvement existed, the street improvement shall be extended beyond the centerline a sufficient distance (ten feet minimum) to permit safe movement of traffic.

G.    “Interim street improvements” means the installation of improvements to bring the public facility up to the existing character of the surrounding streets and pedestrian facilities and may include widening of or installation of the asphalt street surface, gravel or paved shoulder, temporary drainage facilities and in case of alleys, an all-weather gravel driving surface. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 665-80 § 1, 1980; Ord. 555-78 § 1, 1978)

13.68.020 Purpose and applicability.

The purpose of this chapter is to establish standards for improvements to public streets, sidewalks and alleys that would be required with development.

A.    Improvements Required—Business, Commercial and Industrial Development. No building permit shall be issued by the city for construction of any new building or facility of any kind or description, or in connection with any additions, alterations, or repairs within any twelve-month period which exceeds fifty percent of the current market value of an existing building or facility on the property, unless or until the public streets and alleys upon which the same abuts shall be improved to current city standards. The applicant shall be required to construct street improvements together with all necessary appurtenances.

B.    Improvements Required—Residential Uses. Public streets and alleys shall be improved to current city standards for any residential development that results in a total of three or more dwellings, excluding accessory dwelling units. This requirement for street improvements applies to single-family residences, duplex, triplex, multiple family or any combination thereof resulting in three or more dwelling units in total.

C.    Sidewalk Improvement Required for all Residential Development Within Sidewalk Priority Areas. This requirement supersedes the development threshold in subsection B of this section. All development resulting in the construction of one or more new residential dwelling units, excluding accessory dwellings, shall provide a sidewalk or safe walking path meeting city standards along the property’s full frontage when located in the “sidewalk priority” area shown on Map 13.68-1. The sidewalk priority area includes the following locations:

1.    Metro Everett, as defined in EMC Title 19;

2.    Areas within one-quarter mile of a high frequency transit corridor;

3.    Areas within one-quarter mile of major arterials; and

4.    Areas within one-quarter mile of a public school or public park.

D.    Exceptions. The city engineer may allow the property owner to provide interim street improvements, as defined in Section 13.68.010(G) and the administrative guidelines, or to deviate from the requirements of this chapter in the following circumstances:

1.    Where a proposed development is subject to a land use permit under EMC Title 19, and conditions have been imposed through the land use review process which are intended to alter, supplement or replace the requirements of this chapter;

2.    Where ultimate improvements are not desirable to the city engineer at the present time due to existing severe horizontal or severe vertical grade alignment problems;

3.    Where the city engineer is satisfied that adequate street improvements exist except for nominal lacking of street width;

4.    Where plans for more comprehensive improvements exist which would alter the ultimate improvements required to be constructed on the public right-of-way abutting the proposed development site;

5.    Where the existing street and alley improvements can adequately serve the property in the short-term future, in accordance with the published administrative guidelines;

6.    When existing street and/or alley improvements are inadequate or no public street and/or alley improvements exist:

a.    Where ultimate improvements are, in the opinion of the city engineer, using reasonable engineering judgment, not desirable, or, in the case of known plans for more comprehensive improvements, encompassing the public right-of-way abutting the site, the city engineer may allow an interim street improvement;

b.    In all other cases of inadequate improvements or no public street or alley improvements, street and/or alley improvements shall be required;

7.    The addition of a residential garage or carport shall be exempt from requirements of this chapter when such construction is an addition to an existing residential use.

E.    All owners of properties shall dedicate additional rights-of-way as necessary to complete the required street improvements in accordance with city standards; provided, however, that the developer shall still be required to meet the appropriate setback requirements as well as all other applicable development standards.

F.    All improvements required by this chapter shall be extended as necessary to provide a smooth transition with existing improvements, both laterally across the street and longitudinally up and down the street, for drainage, vehicular and pedestrian traffic. Interim street improvements are defined in the administrative guidelines.

Map 13.68-1: Sidewalk Priority Areas

(Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 793-81 § 1, 1981; Ord. 665-80 § 2, 1980; Ord. 555-78 § 2, 1978)

13.68.030 Administration.

The authorized administrator of this chapter shall be the city engineer, and he is delegated the administrative responsibilities contained in this chapter, including establishment of administrative guidelines to implement the standards contained herein. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 555-78 § 3, 1978)

13.68.040 Design standards/grades.

A.    All street and alley improvements shall be to city design standards and approved by the city engineer.

B.    The city engineer shall utilize the uniform geometric standards for the design of city streets as per Chapter 35.78 RCW, the Manual on Uniform Traffic Control Devices (“MUTCD”), the American Public Works Association Standard Construction Specifications (current edition), together with such other standard the city engineer may adopt and publish.

C.    In addition, design standards and street improvement requirements of specific application to certain streets, locations or neighborhoods may be further designated or defined by ordinance or resolution.

D.    The city engineer shall furnish control elevations for final grades of required improvements. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 555-78 § 4, 1978)

13.68.050 Construction.

All street and alley improvement plans shall be prepared by an engineer, licensed in the state of Washington, for permit approval by the city engineer prior to starting construction. All construction work shall be inspected by the city engineer, or his representative. Upon completion of construction, the city engineer is authorized to accept such improvement and/or any right-of-way dedication required herein on behalf of the city. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 555-78 § 5, 1978)

13.68.060 Issuance of building permit.

No new building permit shall be issued until all street and alley improvements are completed and accepted by the city engineer; provided, however, upon proper application to the building department, the city engineer may authorize issuance of a building permit upon delivery of a performance bond, cash deposit, or equivalent guarantee for one hundred twenty percent of the city engineer-approved estimated cost of the improvements to the public right-of-way, in order that such improvements could and would be installed at the expense of the building permit applicant or assigns upon the right-of-way within a reasonable time after notice so to do shall be given by the city. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 555-78 § 6, 1978)

13.68.070 Administrative modification.

The city engineer is authorized to grant, in writing, administrative modifications from the regulations and requirements of this chapter, provided the following criteria are met:

A.    The modification arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation upon the applicant’s property;

B.    That the modification is not against the public interest, particularly safety, convenience and general welfare;

C.    That the granting of the permit for the modification will not adversely affect the rights of the adjacent property owners or tenants;

D.    That the terms of this chapter will not create an unnecessary hardship on the applicant, property owner or tenant. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 793-81 § 2, 1981; Ord. 665-80 § 3, 1980; Ord. 555-78 § 7, 1978)

13.68.080 Appeal procedure.

Any party aggrieved by a decision or interpretation of the city engineer may appeal to the hearing examiner. Such appeals must be made in writing to the city engineer within thirty days from the date on which the city engineer presents the applicant with his final decision in writing. The hearing examiner shall consider the appeal of an administrative decision as set forth in EMC Title 15. Such appeal shall be limited to the interpretation of the city engineer in the application of the provisions of this chapter and any amendments or additions hereto. (Ord. 3774-20 § 6 (Exh. 4), 2020; Ord. 793-81 § 3, 1981; Ord. 665-80 § 4, 1980; Ord. 555-78 § § 8, 1978)