Chapter 14.14 UTILITY DEVELOPMENT STANDARDS

This chapter is adopted to regulate the development of land and to promote the public health, safety and general welfare in accordance with the standards established by the city of Leavenworth and the state of Washington to:

A. Prevent the overcrowding of land;

B. Lessen congestion on the streets and highways;

C. Provide adequate light and air;

D. Promote the proper arrangement of streets, lots, easements, pathways and other private or public ways;

E. Provide for adequate and convenient open spaces, utilities, recreation, and access for service and emergency vehicles;

F. Provide for adequate water, drainage, sewer and other public facilities;

G. Promote the coordination of development as land develops;

H. Conserve natural beauty and other natural resources;

I. Maintain and perpetuate environmental quality;

J. Provide for expeditious review and approval of proposed developments which conform to zoning standards, the comprehensive plan, and other local plans and policies; and

K. Adequately provide for the housing and commercial needs of the citizens of Leavenworth. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.020 Scope.

This chapter shall apply to the subdivision, development, and redevelopment of land. Subdivision, development, and redevelopment shall hereafter be referred to as “project(s).” This chapter shall not apply to activities such as boundary line adjustments and other minor land use activities if roads and utilities infrastructure are not needed at the time of approval. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.030 Conformance with other regulations.

A. No project shall be approved unless found to be in conformance with all adopted and applicable city ordinances, plans and policies.

B. This chapter recognizes and incorporates the standards, provisions, and regulations contained in other parts of the Leavenworth Municipal Code, as it exists now or as it may hereafter be amended.

C. This chapter recognizes and incorporates the standard details for construction of public improvements, as it exists now or as it may hereafter be amended. The city council has established by resolution the standard details for construction of public improvements, and other matters pertaining to this title. The standard details for construction of public improvements shall be kept by the city engineer or the city clerk-treasurer and may be altered or amended by resolution of the city council. Where conflicts or inconsistencies arise between the standard details for construction as approved by resolution of the city council and those in other titles, the standard details for construction as approved by resolution of the city council supersede those in other titles.

D. Approvals granted pursuant to this title shall only occur in compliance with these other regulatory provisions, as well as with the comprehensive plan and any other applicable laws and regulations.

E. Where provisions of other official controls and regulations overlap or conflict with the provisions of this title, the more restrictive provisions shall govern.

F. LMC Title 17 contains development standards for roads and utilities pursuant to the subdivision process. This chapter is intended to replace the regulations contained therein for all subdivision activity. If LMC Title 17 prescribes a regulation which is not delineated here in this chapter, the regulations of LMC Title 17 shall still apply. In all other cases, the regulations of this chapter shall apply. [Ord. 1451 § 1 (Att. A), 2013; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.040 Concurrency for public facilities and utilities.

A. Those public facilities and utilities required to be provided as a condition of approval shall be fully operational or bonded for concurrency with the use and occupancy of the development, except that concurrency for transportation facilities may be within six years of project approval at the discretion of the community development director working in consultation with the public works director.

B. Development shall be prohibited if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride-sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection, “concurrent with the development” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. Highways of statewide significance are exempt from concurrency requirements, pursuant to RCW 36.70A.070(6)(a)(iii)(C). [Ord. 1596 § 1 (Att. A), 2019; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.050 Definitions.

For the purposes of administering this title, definitions of terms used in this title are found primarily in Chapter 21.90 LMC, Common Definitions. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.060 Permits required.

A. Development standards shall be reviewed concurrently with the related application for a building permit, utility connection permit, land use permit, subdivision permit, and/or other associated type of activity and/or permit.

B. Inspections for compliance with this chapter are required. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.070 Permit applications.

Persons seeking permits or approval under this chapter shall:

A. Complete and submit an application for a building permit, utility connection permit, land use permit, subdivision permit, or other associated type of activity and/or permit.

B. Pay all required permit fees. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.080 Approval process.

Persons seeking permits or approval under this chapter shall be subject to the level of review required for the associated permit pursuant to LMC Title 21. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.090 General road and utility standards.

A. All projects shall comply with the following:

1. Streets, sidewalks, water, wastewater, stormwater and miscellaneous utility infrastructure shall be laid out in a manner which allows for accessibility, further development of all parcels within the region, and well-designed networks and circulation.

2. The developer shall be required to improve the full portion of the streets, sidewalks, water, wastewater, stormwater and miscellaneous utility infrastructure necessary to serve the development.

3. The developer shall be required to design easements and dedications in a manner which facilitates the future development of the region as determined by the community development director. This shall be accomplished by establishing easements and dedications to the furthest lot line, as well as other similar methods.

4. All easements and dedications shall be designed in a manner which provides the necessary dimensional specifications required for future development.

5. Design detail, workmanship, and materials for utilities and public works improvements shall be in accordance with the current editions of:

a. “Standard Specifications for Road, Bridge, and Municipal Construction,” as amended;

b. “APWA Amendments to Division One,” as amended; and

c. “Standard Plans for Road, Bridge, and Municipal Construction,” as amended.

i. Those manuals specified in subsections (A)(5)(a), (b), and (c) of this section are written and promulgated by the Washington State Chapter of the American Public Works Association and the Washington State Department of Transportation;

ii. The standard provided therein shall apply except where standards contained in this title or elsewhere in the Leavenworth Municipal Code provide otherwise.

6. All applicable rules of Washington State shall be adhered to with respect to safety, construction methods, and other state requirements. These include, but are not limited to:

a. The Revised Code of Washington (RCW); and

b. The Washington Administrative Code (WAC).

7. Conditions, standards, design, layout, and regulations contained in the following documents shall be applicable when pertinent, when specifically cited in the documents, or as required by a permitting authority/agency, and/or the city:

a. City of Leavenworth Water Distribution System and Sewer Collection System Master Plan, dated June 10, 2008, as amended;

b. City of Leavenworth Comprehensive Water System Plan (CLCWSP), November 2002, as amended;

c. City of Leavenworth Wastewater Facilities Plan (CLWFP), April 1996, as amended;

d. City of Leavenworth Comprehensive Plan (CLCP), August 2003, as amended;

e. Leavenworth Municipal Code (LMC) as of April 13, 2004, as amended;

f. Local Agency Guidelines (LAG), as approved by the Washington State Department of Transportation, as amended;

g. Washington State Department of Transportation Design Manual as adopted by the Washington State Department of Transportation, as amended;

h. U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), as adopted by the Washington State Department of Transportation, as amended;

i. Criteria for Sewage Works Design, Washington State Department of Ecology Publication No. 98-37 WQ, December 1998, as amended;

j. Chapter 246-290 WAC for Group A public water systems, as amended; and

k. Eastern Washington Stormwater Management Manual, as amended. International Fire Code, as amended.

B. The standards and requirements established or referenced by this title are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified probable significant adverse environmental impacts pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.100 Water supply standards.

A. All projects shall be served by the water system of the city of Leavenworth as approved by the city engineer working in consultation with the community development director.

B. It is compulsory for every new building(s) or existing building(s) meeting the criteria below within the UGA to hook up to the city water system, if said buildings are located within 200 feet of existing water mains. The existing domestic water source (well) shall be abandoned in conformance with local and state regulations with any rights associated with the well transferred to the city at the option of the city. Pursuant to LMC 13.04.040, all individuals, firms or organizations located within city limits requiring domestic water service shall be required to be connected to the city’s water system. Private domestic wells are not permitted. Any existing private domestic well shall be abandoned in conformance with local and state regulations with any rights associated with the well transferred to the city at the option of the city. Private irrigation wells will be permitted within the city limits on parcels two acres or larger; provided, that the city reserves the right to deny approval of wells which may threaten the city’s present or future domestic supplies or water rights. A permit signed by the city administrator must be obtained for such systems. Appropriate backflow prevention devices are required and inspection of the installation by the city is required for such systems.

1. For existing buildings, as described above, which become located within the 200 feet as a result of improvements to the city water system, connection to those improvements shall be made when one of the following occurs:

a. Remodeling or expansion of the existing building which exceeds 50 percent of the value of the building/structure;

b. Remodeling or expansion of the existing building occurs which would require an upgrade of an existing on-site water system, as determined by the Chelan-Douglas health district; or

c. The existing water system is failing, as determined by the Chelan-Douglas health district.

C. All water supply systems shall be designed and constructed according to all applicable provisions of this chapter and specifications on file in the office of the city engineer unless otherwise provided for in the Leavenworth Municipal Code.

D. When water rights are appurtenant to the land, the property owner shall covenant to transfer water rights to the city in a quantity which is equal to the quantity to be utilized by the development and the covenant shall run with the land into perpetuity. The transfer may occur at the time of development or at a future point in time, as decided by the city. Property owner shall cooperate with the transfer.

E. Whenever possible, if either a public or private irrigation source is available and is currently being utilized for the applicable property, the property owner shall continue to utilize this source for all outside irrigation. The feasibility of this shall be evaluated and a determination of applicability made by the city as part of the application process. The property owner shall provide such information the city determines necessary to make this decision.

F. Public Works Director Approval. For properties located inside of the city’s UGA and its city limits, the city public works director shall approve water connection subject to requirements for connection as found within the Leavenworth Municipal Code.

G. City Administrator Approval. For properties located outside of the city’s UGA and need is demonstrated, the city administrator may grant connection to the city water system subject to the following:

1. Providing documentation that at least one attempt to drill a well down to bedrock yielded insufficient quantities of potable water necessary to serve one single-family resident as determined by the city; and prior to connection, the requestor transfers the water right to the city of Leavenworth.

2. Providing documentation that an existing well to bedrock yields insufficient quantities of potable water necessary to serve one single-family resident as determined by the city; and prior to connection, the requestor transfers the water right to the city of Leavenworth.

3. Providing documentation that an existing well is to be abandoned in favor of connection to the city domestic water system; and prior to connection, the requestor transfers the water right to the city of Leavenworth.

4. A recorded subdivision in situations where the final plat was based on the city’s prior commitment to provide water, and if the lot was legally created prior to March 12, 1996.

5. Transfer of water rights to the city shall follow the procedure found within RCW 90.44.105, or other applicable statute, and as approved by the city for consolidating exempt well water rights into the city’s water rights when adding customers to the city water system who were previously served by exempt well withdrawals.

H. Council Approval. In addition to the circumstances permitted in subsection (G) of this section, for properties located outside of the city’s UGA and not falling within subsection (G) of this section, the city council may grant (at the council’s sole discretion) an exception to allow an extension and/or connection to the city water system subject to the following:

1. Consideration for the protection of water use for properties within the city as a priority and paramount prior to granting water outside of the city. Granting water connections outside of the city UGA is a not a right, and the intent is to ensure water is available to the citizens of Leavenworth; and

2. After purchase of property, a plight of the applicant is due to unique and unexpected circumstances over which the property owner has no control; and

3. The authorization of the exception shall not be materially detrimental to the purposes of this title, be injurious to property in the same district or neighborhood in which the property is located, or be otherwise detrimental to the objectives of any comprehensive plan; and

4. Water extension and/or connection for the creation of a lot shall be a one-time waiver, shall not be allowed to serve more than one lot, shall not be transferable, and the properties created shall not be allowed future/additional water extension and/or connection for a period of no less than 10 years. Such moratorium shall include a notice to title recorded with the Chelan County auditor’s office which shall be recorded at the expense of the property owner.

I. Regardless of approval process, subsection (G) or (H) of this section, and for all properties located outside of the city’s UGA, all of the following standards shall be met:

1. Not more than a total of three equivalent residential units (ERU) per calendar year shall be granted for connections outside of the UGA under subsection (G) or (H) of this section together, beginning the first of January of each year, and allowance will be issued as vested by application; and

2. Prior to connection, the property owner shall transfer to the city of Leavenworth their present domestic water rights and cooperate in any process to transfer those rights to the city, unless otherwise specifically waived by the city council; and

3. The applicant shall install a new water main to the property within right-of-way or public utility easement. The line size shall be determined by the city engineer; and

4. The applicant shall be responsible to install necessary appurtenances for the water line extension; such may include but are not limited to fire hydrant(s). At no time may an extension of water line, for the purposes of this provision, be extended beyond that of the original approval; and

5. Construction and installation shall adhere to the adopted Standard Details and/or applicable LMC standards and specifications; and

6. A water connection shall not be allowed to split into two or more. The lateral line (connection) shall serve a single structure; and

7. The property owner, their successors, heirs, and assigns shall record with the Chelan County auditor’s office a notice to title, as approved by the city of Leavenworth, which provides notice of and binds all future property owners to the following waivers of protest and other requirements. It shall also be the obligation of the property owner, their successors, heirs, and assigns to inform potential buyers of these items:

a. Property owners, their successors, heirs, and assigns shall not protest annexation. Provided further, nothing in approval of extension of city water shall bind the city to annex said property nor obligate the city to approve future subdivision and development of the property, nor impose or not impose any particular conditions or requirements for said development and land use actions, nor implement improvements to its utilities and/or roads that may be required to serve the development. If the city agrees to annex this property, the city does not warrant that existing facilities are adequate to serve this development.

b. Property owners, their successors, heirs, and assigns agree to participate in future local improvement districts (LID) and/or other similar financing mechanisms for the redevelopment of streets, sidewalks, utilities and related infrastructure in the area. This participation shall be in accordance with reasonable methods established by Washington State law and/or by local law, and shall be for a pro-rata share of improvements in the geographic area as established by a benefits assessment or other similar mechanism.

8. No extension or connection for water service may be allowed if such connection or extension outside the city’s UGA would violate the Growth Management Act of the state of Washington. [Ord. 1507 § 1 (Att. A), 2015; Ord. 1454 § 1 (Att. A), 2013; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.110 Sewage disposal standards.

A. All projects shall be served by the sanitary sewer system of the city of Leavenworth as approved by the community development director working in consultation with the director of public works.

B. All sanitary sewers shall be designed and constructed according to all applicable provisions of this chapter and specifications on file in the office of the director of public works unless otherwise provided for in the Leavenworth Municipal Code. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.120 Storm drainage standards.

A. All projects shall be provided with adequate provisions for storm drainage that is connected to the storm drainage system of the city or other on-site system, as approved by the community development director working in consultation with the director of public works.

B. All storm drainage systems shall be designed and constructed according to all applicable provisions of this chapter, the Eastern Washington Stormwater Management Manual, as amended, and specifications on file in the office of the director of public works unless otherwise provided for in the Leavenworth Municipal Code. [Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.130 Fire protection standards.

A. All projects shall be provided with adequate provisions for fire protection as approved by the community development director working in consultation with the fire marshal.

B. All systems shall be designed and constructed according to all applicable provisions of this chapter and the International Fire Code, unless otherwise provided for in the Leavenworth Municipal Code. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.140 General utility standards.

A. All utilities shall be in conformance with the provisions contained in this chapter and shall be placed underground unless topographic constraints otherwise prohibit their placement underground.

B. Easements may be required along the lot lines or through blocks where necessary for the extension of existing or planned utilities.

C. Such easements shall have written approval from the utility purveyor prior to acceptance of the final plat. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.150 Road and fire apparatus standards.

A. General Standards. All projects shall be provided with access via an improved road meeting the specifications contained in the adopted construction standards consistent with the city of Leavenworth comprehensive plan (for general location) and as otherwise provided for in the Leavenworth Municipal Code.

B. Design standards for fire apparatus access shall meet the following:

1. Fire apparatus roads shall serve no more than a total of three single-family residential lots and are intended to provide access to existing developed areas for infill development purposes.

2. Fire apparatus roads shall require recording of a road maintenance and upgrading agreement. If subdivision is involved, a note shall be recorded on the plat regarding the agreement.

3. Fire apparatus roads shall not be used for access where access to more remote properties would be inhibited or where the development standards for public streets outlined in this chapter could be accommodated, or for properties that can be further subdivided, unless topography, wetlands, or other natural features necessitate this type of access.

4. Multiple fire apparatus roads shall not be allowed in place of a city street adequate to serve the area or development built to the standards outlined in this title.

5. Access via a fire apparatus road shall be limited to one such access on the parent parcel existing at the time of adoption of this code on April 13, 2004. [Ord. 1672 § 1 (Att. A), 2023; Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.160 Curb, gutter, and sidewalk standards.

A. All projects shall provide permanent concrete or paver curbs, gutters, and sidewalks in conformance with the standards contained in this chapter.

B. In cases of limited infill development, the standard can be waived by the community development director working in consultation with the public works director. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.170 Fees and performance or surety bonds.

A. Fees, Rates, and Charges.

1. The city council has established by resolution a rate and fee schedule for community development rates, fees, and charges for permits, applications, and other matters pertaining to this title.

2. The rate and fee schedule resolution, as amended, is hereby adopted.

3. Until all applicable fees, charges, and expenses have been paid as required in the fee schedule, no action shall be taken by the city on any application, appeal or request.

B. Performance or Surety Bond. As a condition of approval for the issuance of any development permit or any permit issued under this title or other associated titles contained in the Leavenworth Municipal Code, a performance or surety bond may be required.

C. Bond Criteria.

1. The city attorney shall approve all performance and surety bonds as to form and securities.

2. The director(s) of the affected department(s) shall approve all performance and surety bonds as to amount and adequacy.

3. The value of the bond shall be equal to at least 150 percent of the estimated cost of the improvement(s) to be performed for improvements completed within a one-year time frame or 200 percent for improvements completed within a two-year time frame, or to be utilized by the city to perform any necessary work, or to reimburse the city for performing any necessary work and documented administrative costs associated with action on the bond. To determine this value, the applicant must submit up to two bids for the improvements to be performed. If costs incurred by the city exceed the amount provided by the assurance device, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit. Please see LMC 17.02.070 for exceptions to this time frame on bonding.

4. Upon completion of the required work by the property owner and approval by the city at or prior to the completion date identified in the assurance device, the city shall release the device.

5. If the performance bond or surety is required, the property owner shall provide the city with an irrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining uncompleted at the expiration of the completion date identified in the assurance device. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.175 Cost sharing.

The city may choose to engage in a cost sharing agreement for utility improvement(s) at its discretion and to the amount and/or method it chooses and may use the following criteria as a guide when considering an agreement:

A. The project is identified in the city’s capital improvement plan;

B. There is a system-wide benefit which would be derived by the improvement(s); and/or

C. The improvement(s) does not exceed the annual budgeted amount established by the city council for cost sharing. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010.]

14.14.180 Nonconformance.

Nonconforming projects under the standards of this chapter shall be subject to the requirements of the Leavenworth Municipal Code. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.190 Variances.

A. Variances from the standards of this chapter shall be pursuant to the processes within the Leavenworth Municipal Code.

B. The community development director working in consultation with other agencies and departments with expertise shall be given discretional authority to rule on the applicability of these standards, determine modifications necessary to fit development patterns, topography, and other constraints, and at his/her discretion to require formal application to the hearing examiner for variance of the standards. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.200 Appeals.

A. Appeals of the decisions made under this chapter shall be pursuant to the processes within the Leavenworth Municipal Code.

B. An applicant aggrieved by any part, requirement or process set forth in this chapter must exhaust all available administrative remedies before seeking recourse in the courts. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.210 Administrative interpretations.

Administrative interpretations of this chapter shall be made pursuant to the processes within the Leavenworth Municipal Code. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.220 Compliance and enforcement.

Compliance and enforcement of this chapter shall be conducted pursuant to the processes within the Leavenworth Municipal Code. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.230 Severability.

If any section, subsection, sentence, clause, or phrase of this title is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title. [Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010; Ord. 1268 (Exh. A), 2005.]

14.14.240 Illustrations.

Turnarounds

Turnarounds shall only be accepted due to constraints of a water body, topography, and as determined by the city. The intent is to provide streets with connectivity and circulation. Dead-end roads that exceed 150 feet may be required to provide an emergency vehicle turnaround.

TEMPORARY CUL-DE-SAC

A temporary cul-de-sac shall be provided when there is a foreseeable likelihood of extending the road to adjacent properties, or as part of a subdivision phasing plan. A bulb area lying outside of the road right-of-way shall be required as a temporary easement pending forward extension of the road. Surfacing, curb and gutter requirements shall be as required for typical roadway section for the road classification. Removal of the temporary cul-de-sac shall be the responsibility of the developer who extends the road.

[Ord. 1672 § 1 (Att. A), 2023; Ord. 1506 § 1 (Att. A), 2015; Ord. 1355 § 1 (Att. A), 2010.]

Chapter 14.14STREET, SIDEWALK, WATER, WASTEWATER, STORMWATER AND MISCELLANEOUS UTILITY DEVELOPMENT STANDARDS

14.14.010 Purpose.