Chapter 12.50


12.50.010    Adoption.

12.50.020    Terms.

12.50.030    Applicability.

12.50.040    Developments.

12.50.050    References.

12.50.060    Variances.

12.50.070    Appeals from decisions on variances.

12.50.150    Interpretation.

12.50.160    Penalties.

12.50.170    Severability.

12.50.010 Adoption.

A. The City of Kenmore 2021 Road Standards, along with all companion documents referenced in Section 1.03 of the Road Standards*, are approved, adopted and incorporated herein as the City of Kenmore standards for road design and construction.

B. Consistent with the council’s direction and intent in adopting the Road Standards, the city engineer is hereby authorized to develop public rules and make administrative changes to the Road Standards to better implement the Road Standards and as needed to stay current with changing design, environmental, and construction technology and methods. The following are examples of administrative changes:

1. De minimis changes.

2. Revisions to the documents in the appendices.

3. Revisions to comply with the Kenmore Municipal Code.

4. Revisions related to changes to the referenced companion documents.

5. Revisions to comply with state and federal law. [Ord. 23-0578 § 2 (Exh. 1).]

*Code reviser’s note: The Road Standards and the companion documents are on file in the office of the city clerk.

12.50.020 Terms.

Terms are defined in Section 1.01 of the Road Standards. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.030 Applicability.

A. The Road Standards shall apply to all work relating to:

1. Privately owned roads;

2. The right-of-way for public and private development; and

3. City projects.

B. The Road Standards shall apply during emergency replacement of existing facilities.

C. Design detail, construction workmanship, and materials shall be in accordance with the Road Standards and the latest edition of the companion documents referenced in Section 1.03 of the Road Standards. Design and construction shall meet the applicable standards, policies, and codes, including the Road Standards, this code, the City comprehensive or master plans, as well as project specific City-approved geotechnical reports, traffic impact studies, drainage reports, and/or other studies, as determined by the city engineer.

D. City maintenance activities are exempted from the Road Standards at the discretion of the city engineer. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.040 Developments.

Any land development which is required by operation of any City ordinance or adopted standard to improve roads within, abutting, or serving the development shall do so in accordance with the Road Standards. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.050 References.

The Road Standards implement and are intended to be consistent with the references listed in Section 1.03 of the Road Standards. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.060 Variances.

A. A variance is required for any design or construction deviation from the Road Standards and shall be a Type 1 decision per Chapter 19.25 KMC.

B. A variance from the Road Standards may be granted by the city engineer upon evidence that the variance is in the public interest and that the requirements for safety, function, fire protection, transit needs, appearance and maintainability are fully met. The need for a variance is not assumed by the City to be evidence of an impractical or undesirable standard, and variances that meet these requirements are encouraged to keep the City at the forefront of innovative design and construction.

C. Variance requests for subdivisions shall be proposed at preliminary plat stage and prior to any public hearing. All variance requests must be reviewed by the city engineer prior to approval of the engineering plans for construction. Variances may be approved during construction at the city engineer’s discretion. Variances from the Road Standards which do not meet the International Fire Code, as adopted by the City, will require approval by the City’s fire marshal.

D. Applications for Road Variances.

1. Applications for proposed variances shall be written, including graphics, studies and drawings as needed to support the request, and shall include a specific description of the proposed alternative along with supporting documentation. Documentation may include, but is not limited to, a record of successful use by other agencies, or evidence of meeting criteria for quality/safety such as AASHTO and WSDOT standards.

2. The applicant shall indicate those sections of the Road Standards or this code which are proposed for deviation.

3. Variance requests shall be on forms prescribed by the City and shall be accompanied by the variance review fee imposed by the city council by resolution.

E. Variances to the Road Standards may also be granted by the city council through a development agreement per Chapter 18.110 KMC.

F. City projects need not file for a formal variance request; provided, that all deviations from the Road Standards are documented and approved by the city engineer.

G. Road Variance Fee. The permittee shall pay the fees at the rates imposed by the city council by resolution. The fees shall be collected in accordance with administrative procedures developed by the department. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.070 Appeals from decisions on variances.

The city engineer shall hear administrative appeals as set forth in Section 1.04 of the Road Standards. The decision on appeal shall be final. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.150 Interpretation.

The city engineer is authorized to interpret the Road Standards, provide guidelines for their implementation, promulgate rules, and to resolve conflicts or inconsistencies that may arise in their interpretation or application. Any interpretation made by the city engineer shall be final. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.160 Penalties.

Failure to comply with the Road Standards may result in denial of plan or permit approval, revocation of prior approvals, legal action for forfeiture of financial guarantee, code enforcement, and/or other penalties as provided by law. [Ord. 23-0578 § 2 (Exh. 1).]

12.50.170 Severability.

If any part of the Road Standards is found invalid, all other parts shall remain in effect. [Ord. 23-0578 § 2 (Exh. 1).]