Chapter 12.14


12.14.010    General purpose.

12.14.020    General requirements.

12.14.030    Integration with SEPA.

12.14.040    Review authority.

12.14.050    Exemptions.

12.14.060    Required street improvements – Deferral.

12.14.070    Associated traffic mitigation payments.

12.14.080    Development phasing.

12.14.090    Adequacy of traffic conditions.

12.14.100    Adequacy of street conditions.

12.14.110    Engineering plans required.

12.14.010 General purpose.

The purpose of these regulations is to provide for the orderly growth and harmonious development of the City, to ensure that proper off-site facilities are constructed in conjunction with the development of land for residential, commercial, manufacturing, light industrial, and public/municipal uses, and to ensure and promote the health, safety and welfare of the citizens of Ferndale. (Ord. 1327 § 2, 2004)

12.14.020 General requirements.

Unless specifically exempted, any project requiring a development permit shall require that the developer construct, improve, or install frontage improvements in accordance with City standards. Required improvements may include one or more of the following:

A.    Pavement;

B.    Curb, gutter, and sidewalk;

C.    Drainage;

D.    Grading to future right-of-way grade;

E.    Design of structures to accommodate future right-of-way grade;

F.    Planting of street trees and other landscaping;

G.    Setbacks from the property line or dedication of right-of-way to accommodate required improvements. (Ord. 1327 § 2, 2004)

12.14.030 Integration with SEPA.

The regulations in this section are not intended to supersede or preclude the application of SEPA requirements to mitigate adverse environmental impacts. Each development application subject to review under the provisions of this chapter and under the provisions of SEPA may be conditioned or denied pursuant to SEPA, with respect to transportation related impacts and traffic safety impacts, independently from the provisions of this chapter; provided, that environmental review under SEPA may rely upon compliance with this chapter to adequately mitigate identified adverse environmental impacts. (Ord. 1327 § 2, 2004)

12.14.040 Review authority.

The Public Works Director in conjunction with the Planning and Building Department shall approve, approve with conditions, or deny development applications in accordance with the provisions of this chapter, and the determination of the Director. (Ord. 1327 § 2, 2004)

12.14.050 Exemptions.

The following types of development shall be exempt from these frontage improvement requirements:

A.    Any addition to and/or remodeling of a single-family residence or duplex that does not result in a change in use.

B.    Any conversion, change in use, remodel, or addition to an existing building or development that results in increased vehicle trips of less than 25 percent and whose value of improvement totals less than $100,000. The determination of additional trip generation shall be based on the data derived from the ITE Trip Generation Manual. However, in the discretion of the Public Works Director, the developer may pay for a traffic count/study to be completed by a third party and reviewed by the City to determine the actual percentage increase in trip generation.

C.    Any remodeling of an existing building or development if no change in use or additional gross floor area result. (Ord. 1327 § 2, 2004)

12.14.060 Required street improvements – Deferral.

All required public street frontage improvements, unless specifically exempted herein, shall be constructed to the applicable City standards as a requirement of development approval and all such improvements shall be constructed concurrently with the affected development.

In the event that required public street frontage improvements are included as a portion of a City street project on the City’s six-year capital improvement plan that will be undertaken within two years, the developer in lieu of constructing such improvements may, in the discretion of the Public Works Director, be permitted to contribute a proportionate share toward the cost of the City street project. Such deferred payment shall be made to the City as a condition of plat approval and/or issuance of occupancy permit. Such payment shall be deposited into either the City’s traffic mitigation fund or into a specific capital improvement fund established to accomplish the improvements.

Neither interior private street improvements nor private access street improvements from public right-of-way to project boundary shall be deferred.

All private access street improvements shall either be completed prior to recording of the final plat or short plat, or, if applicable, prior to the issuance of a certificate of occupancy, or construction thereof shall be guaranteed and bonded as provided for in City code.

Additionally, the required street frontage improvements can be deferred and an alternative fee paid to the City in an amount equal to the anticipated cost of such frontage improvements if, in the discretion of the Public Works Director, the required improvements would be so located as to have the potential to be removed in future by the City to accommodate appropriate street improvements. (Ord. 1327 § 2, 2004)

12.14.070 Associated traffic mitigation payments.

If the proponent is required to complete street frontage improvements concurrent with their development and is also required to pay a traffic mitigation impact fee, the Public Works Director has the discretion of permitting the street frontage improvements to be extended beyond the bounds of the affected property using the proceeds from the traffic mitigation impact fee. (Ord. 1327 § 2, 2004)

12.14.080 Development phasing.

If a development is to be phased, a street construction phasing plan shall be submitted and approved along with the formal development phasing plan for the entire development. (Ord. 1327 § 2, 2004)

12.14.090 Adequacy of traffic conditions.

The City may deny proposed development where off-site street conditions are inadequate to provide a minimum level of service “D” (City-wide) or “E” (central business district) or, in the opinion of the Public Works Director, a significant traffic hazard(s) would be caused or materially aggravated by the proposed development. However, the developer may voluntarily agree to mitigate such impacts. (Ord. 1327 § 2, 2004)

12.14.100 Adequacy of street conditions.

If, in the opinion of the Public Works Director, existing frontage improvements are properly installed in accordance with current City standards, are in good repair, operational, and not hazardous to public health, safety, and welfare, the development shall be exempt from these frontage improvement standards.

However, where, in the opinion of the Public Works Director, the adequacy and/or condition of the existing frontage improvements are in question, the City may require the developers to perform testing of the pavement and/or base material. If such testing reveals an inadequacy, the City may require that the developers complete such improvements to bring the street section up to current City standards. (Ord. 1327 § 2, 2004)

12.14.110 Engineering plans required.

It is the responsibility of the developer to have prepared by a civil engineer, registered in the state of Washington, a complete set of engineering plans satisfactory to the City, for construction of the required improvements. The plans shall be submitted to the City Building Official together with the on-site construction plans. (Ord. 1327 § 2, 2004)