Chapter 21A.60
DEVELOPMENT STANDARDS – ADEQUACY OF PUBLIC FACILITIES AND SERVICES

Sections:

21A.60.010    Purpose.

21A.60.020    General requirements.

21A.60.030    Adequate sewage disposal.

21A.60.040    Adequate water supply.

21A.60.050    Surface water management.

21A.60.060    Adequate streets.

21A.60.070    Adequate vehicular access.

21A.60.080    Adequate fire protection.

21A.60.090    School concurrency – Applicability and relationship to fees.

21A.60.100    Findings, recommendations, and decisions regarding school capacities.

21A.60.110    Annual council review.

21A.60.120    School concurrency standard.

21A.60.130    Credit for improvements.

21A.60.010 Purpose.

The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the public facilities and services planning goal of the Washington State Growth Management Act of 1990 by:

(1) Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely provision prior to development;

(2) Allocating the cost of those facilities and services fairly; and

(3) Providing a general framework for relating development standards and other requirements of this code to:

(a) Adopted service level standards for public facilities and services;

(b) Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and

(c) The review of development permit applications. (Ord. O99-29 § 1)

21A.60.020 General requirements.

(1) All new development proposals including any use, activity, or structure allowed by Chapter 21A.20 SMC that requires City approval shall be adequately served by the following facilities and services prior to the time of occupancy, recording, or other land use approval, as further specified in this chapter:

(a) Sewage disposal;

(b) Water supply;

(c) Surface water management;

(d) Streets and access;

(e) Fire protection service; and

(f) Schools.

(2) All new development proposals for building permits, plats, short plats, and lot line adjustments, which will be served by a sewer or water district, shall include a certificate of water availability and/or certificate of sewer availability to demonstrate compliance with this chapter and other provisions of the SMC, the City of Sammamish interim comprehensive plan, and the Growth Management Act.

(3) Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the City shall consider the revised proposal as a new development proposal. (Ord. O99-29 § 1)

21A.60.030 Adequate sewage disposal.

All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows:

(1) A public sewage disposal system is adequate for a development proposal provided that:

(a) For the issuance of a building permit, preliminary plat or short plat approval, or other land use approval, the site of the proposed development is or can be served by an existing disposal system consistent with the adopted sewer system plans of the Plateau water and sewer district and the Northeast Sammamish water and sewer district, and the disposal system has been approved by the department as being consistent with applicable state and local design and operating guidelines;

(b) For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection (1)(a) of this section is installed to serve each building or lot;

(c) For recording a final plat, final short plat, or binding site plan, the approved public sewage disposal system set forth in subsection (1)(a) of this section shall be installed to serve each lot respectively; or a bond or similar security shall be deposited with the City of Sammamish for the future installation of an adequate sewage disposal system. The bond may be assigned to a purveyor to assure the construction of such facilities within two years of recording;

(d) For a zone reclassification, the timing of installation of required sewerage improvements shall be contained in the approving ordinance; and

(2) A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of the King County department of public health as to lot size, soils, and system design prior to issuance of a certificate of occupancy for a building or change of use permit. (Ord. O99-29 § 1)

21A.60.040 Adequate water supply.

All new development shall be served by an adequate public or private water supply system as follows:

(1) A public water system is adequate for a development proposal provided that:

(a) For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant must demonstrate that the existing water supply system available to serve the site:

(i) Complies with the applicable planning, operating and design requirements of Chapter 246-290 WAC and other applicable provisions of the rules and regulations of the King County board of health, and any limitation or condition imposed by the adopted plan of the water purveyor; and

(ii) The proposed improvements to an existing water system have been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection (1)(a)(i) of this section; or

(iii) A proposed new water supply system has been reviewed by the City engineer and determined to comply with the design standards and conditions specified in subsection (1)(a)(i) of this section;

(b) Prior to issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements set forth in subsection (1)(a) of this section shall be installed to serve each building or lot respectively;

(c) For recording a final plat, final short plat or binding site plan, either the approved public water supply system or system improvements set forth in subsection (1)(a) of this section shall be installed to serve each lot or a bond or similar security shall be deposited with the City of Sammamish and may be assigned to a purveyor to assure the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of recording; and

(d) For a zone reclassification, the timing of installation of required water system improvements shall be included in the approving ordinance.

(2) An on-site, individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued if:

(a) The water purveyor has indicated that service cannot be provided in compliance with the purveyor’s approved water system plan; and

(b) The Seattle-King County department of public health has approved the proposed method of water supply in accordance with the applicable King County board of health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the department and the Seattle-King County department of public health that a private individual water system will be adequate. The Seattle-King County department of public health may require installation of private individual water systems prior to final approval of a plat or short plat where information is insufficient to show an adequate water supply can be made available. (Ord. O99-29 § 1)

21A.60.050 Surface water management.

All new development shall be served by an adequate surface water management system as follows:

(1) The proposed system is adequate if the development proposal site is served by a surface water management system approved by the department as being consistent with the design, operating and procedural requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC Title 13;

(2) For a subdivision or zone reclassification, the phased installation of required surface water management improvements shall be stated in the approving ordinance. Such phasing may require that a bond or similar security be deposited with the City of Sammamish; and

(3) A variance request from the requirements of the King County surface water design manual and KCC Title 9 as adopted by SMC Title 13 shall be reviewed as set forth in KCC 9.04.050 and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in Chapters 21A.25 through 21A.65 SMC. (Ord. O99-29 § 1)

21A.60.060 Adequate streets.

(1) All new development shall be served by adequate streets. Streets are adequate if the development’s traffic impacts on surrounding public streets are acceptable under the level of service standards and the compliance procedures established in SMC Title 14A.

(2)  The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use.

(3) A variance request from the street cross-section or construction standards established by the City of Sammamish public works standards adopted by SMC Title 14A, and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in Chapters 21A.25 through 21A.65 SMC. (Ord. O2018-466 § 1 (Att. A); Ord. O99-29 § 1)

21A.60.070 Adequate vehicular access.

All new development shall be served by adequate vehicular access as follows:

(1) The property upon which the development proposed is to be located has direct access to:

(a) A public or private street that meets City street standards as set forth in the public works standards or is formally declared acceptable by the City engineer; or

(b) The property has access to such a street over a private driveway approved by the City;

(2)  The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the City engineer; and

(3) Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established shall establish safe access as follows:

(a) Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in Chapter 21A.40 SMC;

(b) Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g., fire protection, emergency medical service, mail delivery or trash collection); and

(c) Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by the City to all required off-street parking spaces on the premises. (Ord. O99-29 § 1)

21A.60.080 Adequate fire protection.

All new development shall be served by adequate fire protection as set forth below:

(1) The site of the development proposed is served by a water supply system that provides at least minimum fire flow and a road system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by SMC Title 16, Buildings and Construction;

(2) For a zone reclassification, the timing of installation of required fire protection improvements shall be stated in the approving ordinance, secured with a bond or similar security, and deposited with the City of Sammamish; and

(3) A variance request from the requirements established by Chapter 16.05 SMC, Building Codes and Fire Code, shall be reviewed as set forth in Article 2 of the currently adopted edition of the Uniform Fire Code and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in Chapters 21A.25 through 21A.65 SMC. (Ord. O99-29 § 1)

21A.60.090 School concurrency – Applicability and relationship to fees.

(1) The school concurrency standard set out in SMC 21A.60.120 shall apply to applications for preliminary plat approval, mobile home parks, requests for multifamily zoning, and building permits for multifamily housing projects that have not been previously evaluated for compliance with the concurrency standard.

(2) The City’s finding of concurrency shall be made at the time of preliminary plat or UPD approval, at the time that a request to actualize potential multifamily zoning is approved, at the time a mobile home park site plan is approved, or prior to building permit issuance for multifamily housing projects that have not been previously established for compliance with the concurrency standard. Once such a finding has been made, the development shall be considered as vested for purposes of the concurrency determination.

(3) Excluded from the application of the concurrency standard are:

(a) Building permits for individual single-family dwellings;

(b) Any form of housing exclusively for senior citizens, including nursing homes and retirement centers;

(c) Shelters for temporary placement, relocation facilities and transitional housing facilities;

(d) Replacement, reconstruction or remodeling of existing dwelling units;

(e) Short subdivisions that create four or fewer lots;

(f) Any residential building permit for any development proposal for which a concurrency determination has already been made pursuant to the terms of this title.

(4) All of the development activities that are excluded from the application of the concurrency standard are subject to school impact fees imposed pursuant to Chapter 21A.105 SMC, School Impact Fees.

(5) The assessment and payment of impact fees are governed by and shall be subject to the provisions in Chapter 21A.105 SMC addressing school impact fees.

(6) A certification of concurrency for a school district shall not preclude the City from collecting impact fees for the district. Impact fees may be assessed and collected as long as the fees are used to fund capital and system improvements needed to serve the new development, and as long as the use of such fees is consistent with the requirements of Chapter 82.02 RCW and this chapter. Pursuant to Chapter 82.02 RCW, impact fees may also be used to recoup capital and system improvement costs previously incurred by a school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. (Ord. O99-29 § 1)

21A.60.100 Findings, recommendations, and decisions regarding school capacities.

(1) In making a threshold determination pursuant to SEPA, the director and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats, mobile home parks, or multifamily zoning, and multifamily building permits, shall consider the school district’s capital facilities plan as adopted by the City council.

(2) Documentation that the district is required to submit to the City of Sammamish shall be incorporated into the record in every case without requiring the district to offer such plans and data into the record. The school district is also authorized to present testimony and documents demonstrating a lack of concurrency in the district and the inability of the district to accommodate the students to be generated by a specific development.

(3) Based upon a finding that the impacts generated by the plat, mobile home park or the multifamily development were generally not anticipated at the time of the last City council review and approval of a school district capital plan and were not included in the district’s long-range forecast, the director may require or recommend phasing or provision of the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act.

(4) Determinations of the hearing examiner or director regarding concurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the City council for possible modifications.

(5) Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the hearing examiner or the director pursuant to the State Environmental Policy Act or the State Subdivision Act. (Ord. O99-29 § 1)

21A.60.110 Annual council review.

On at least an annual basis, the Sammamish City council shall review the reports prepared by the King County school technical review committee and confirm that the King County council has certified the plans of the Issaquah and Lake Washington School Districts. (Ord. O99-29 § 1)

21A.60.120 School concurrency standard.

(1) Schools shall be considered to have been provided concurrently with the development that will impact the schools if:

(a) The permanent and interim improvements necessary to serve the development are planned to be in place at the time the impacts of development are expected to occur; or

(b) The necessary financial commitments are in place to assure the completion of the needed improvements to meet the district’s standard of service within three years of the time that the impacts of development are expected to occur. Necessary improvements are those facilities identified by the district in its capital facilities plan as reviewed and adopted by the City of Sammamish.

(2) Any combination of the following shall constitute the “necessary financial commitments” for the purposes of subsection (1) of this section:

(a) The district has received voter approval of and/or has bonding authority;

(b) The district has received approval for federal, state, or other funds;

(c) The district has received a secured commitment from a developer that the developer will construct the needed permanent school facility, and the school district has found such facility to be acceptable and consistent with its capital facilities plan; and/or

(d) The district has other assured funding, including but not limited to, school impact fees that have been paid.

(3) Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and 58.17.110. (Ord. O99-29 § 1)

21A.60.130 Credit for improvements.

Whenever a development is granted approval subject to a condition that the development proponent actually provide a school facility acceptable to the district, the development proponent shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by Chapter 21A.105 SMC. The cost of construction shall be estimated at the time of approval, but must be documented and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. (Ord. O99-29 § 1)