Division 9. Land Division
Chapter 21.90
ADEQUACY OF PUBLIC FACILITIES
Sections:
21.90.020 General requirements.
21.90.030 Adequate wastewater (sewage) disposal.
21.90.040 Adequate water supply.
21.90.050 Adequate surface water system.
21.90.070 Adequate vehicular access.
21.90.010 Purpose.
The purpose of this chapter is to:
(1) Provide consistency with the Woodinville Comprehensive Plan by ensuring all development in the City will be served by adequate public facilities;
(2) Provide a general framework for relating development with adopted service level standards; and
(3) Prescribe procedural requirements for phasing new development to ensure public facilities and services are provided as the new development occurs. (Ord. 720 § 27 (Att. A), 2021)
21.90.020 General requirements.
(1) All development proposals requiring City approval shall be adequately served by the following prior to the time of occupancy; plat, short plat, or binding site plan recording; or other approvals as further specified in this chapter:
(a) Sewage disposal;
(b) Water supply;
(c) Surface water management; and
(d) Roads and access (concurrency).
(2) 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 in the proposal result in impacts not considered when the proposal is first approved, the City may apply this chapter again as if the revised proposal is a new development proposal.
(3) Unless included in a development agreement, the decision on a project permit with the highest decision type, as prescribed in WMC 21.80.030, shall be determinative and conclusive as to a development proposal’s compliance with this chapter.
(4) Determinations and decisions under this chapter are appealable as set forth for the associated project permit decision and subject to the limitation in subsection (2) of this section. (Ord. 720 § 27 (Att. A), 2021)
21.90.030 Adequate wastewater (sewage) disposal.
All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment systems as follows:
(1) Connect to a public sewage disposal system that:
(a) For the issuance of a building permit, preliminary plat, short plat or other land use approval, the applicant demonstrates the proposal is consistent with the City’s Comprehensive Plan, and has been approved by the City and the Woodinville Water District or local purveyor as being consistent with applicable State and local design and operating guidelines;
(b) For authorization to occupy, the applicant must complete installation to serve each building or lot being occupied;
(c) For recording of a final plat, short plat or binding site plan, the applicant must complete installation or provide a financial guarantee acceptable to the City and/or purveyor to serve each lot respectively; and
(d) For a zone reclassification, the timing of installation of sewage improvements shall be contained in the approving ordinance.
(2) If a public sewage disposal system is not available, a private on-site sewage system may satisfy the requirement for adequate sewage disposal if:
(a) For plats, binding site plans and short plats, the County Public Health, or the Washington State Department of Health (for large on-site sewage systems) approves the system as to meeting lot size, soils and system design requirements prior to preliminary and final plat, binding site plan and short plat approval; and
(b) Prior to issuance of any authorization to occupy, the private on-site sewage system is installed and approved with evidence of the approval submitted to the City.
(3) Connection to a public sewage disposal system may be required for expansion of existing developments within 330 feet of an existing public sewage disposal system if the existing development does not or cannot establish an approved and functioning private on-site sewage system.
(4) Lots resulting from new subdivisions, binding site plans, and short subdivisions that have a complete application on or after February 19, 2013, must connect to a public sewage disposal system if:
(a) The sewage system is within 330 feet of the proposed development; and
(b) The 330-foot distance is measured along the centerline of the right-of-way or easement available for the placement of a sewer line measured between the nearest available existing sewer main connection and where the centerline intersects the projection of the nearest property line into the right-of-way or easement.
(5) New development located on an R-1 zoned lot or new development located on any residential zoned lot having more than 35,000 square feet in lot area, which has obtained approval of a private on-site sewage system pursuant to subsection (2) of this section, is exempt from connecting to the public wastewater disposal system. (Ord. 720 § 27 (Att. A), 2021)
21.90.040 Adequate water supply.
All new development shall be served by an adequate public or private water supply system as follows:
(1) Connect to a public water system that:
(a) For the issuance of a building permit, preliminary plat, binding site plan, short plat or other land use approval, the applicant demonstrates a water supply system is available to serve the project site and has been approved by the City and the Woodinville Water District or local purveyor as being consistent with applicable State and local rules and regulations;
(b) For authorization to occupy, the applicant must complete installation of a water supply system to serve each building or lot;
(c) For recording of a final plat, binding site plan or short plat, the applicant must complete installation of a water supply system or provide a financial guarantee acceptable to the City and/or purveyor, to serve each lot respectively; and
(2) Existing developments served by a private water system are encouraged to connect to the public water system when seeking building permits for substantial modifications to the existing development.
(3) For a zone reclassification, the timing of installation of required water supply system improvements shall be contained in the approving ordinance. (Ord. 720 § 27 (Att. A), 2021)
21.90.050 Adequate surface water system.
All new development shall be served by an adequate surface water system as prescribed by this section.
(1) The existing or proposed surface water system is adequate if the site of the development proposal is served by a surface water management system approved by the City as being consistent with the design, operating and procedural requirements adopted by the City including but not limited to Chapters 13.03 and 13.05 WMC.
(2) For the issuance of preliminary plat, binding site plan, short plat or other land use approval, the applicant must demonstrate the development proposal is consistent with applicable surface water management policies and regulations.
(3) For the issuance of construction permits, the applicant must demonstrate compliance with applicable surface water management policies and regulations.
(4) For the issuance of an authorization to occupy, surface water management systems must be installed to serve each building or lot. The phased installation of required surface water management improvements may be authorized by the Director provided each phase of improvements adequately serves the phase of development.
(5) As a condition for approving a development proposal, the Director may require the dedication of private surface water management systems to the City for purposes of maintenance and ensuring compliance with the City’s municipal stormwater management program.
(6) The City encourages low-cost, long-term maintenance methods be incorporated in the design of new or modified stormwater facilities. (Ord. 720 § 27 (Att. A), 2021)
21.90.060 Adequate roads.
(1) Purpose. In addition to the purpose statements set forth in WMC 21.90.010, it is the purpose of this section to:
(a) Ensure that the City’s adopted transportation levels of service are achieved concurrently with development as required by the Growth Management Act (Chapter 36.70A RCW and WAC 365-196-840); and
(b) Provide transportation facilities that achieve and maintain the City’s level of service standards as established in the City’s Comprehensive Plan and this section.
(2) Applicability. Subject to the limitation set forth in WMC 21.90.020(2), this section applies to all new development and redevelopment where the proposal will generate additional vehicle traffic trips above that currently generated by the existing use on the property. This section does not apply to roads outside of the City limits, except as may be provided by an interlocal agreement or under the State Environmental Policy Act.
(3) Adequate Roads. All new development shall be served by adequate roads at the time the development is available for occupancy and without decreasing levels of service on existing roads below established minimum standards.
(4) Traffic Study. Any development proposal that is anticipated to add 10 or more vehicle a.m. or p.m. peak hour trips, as determined by the Public Works Director in accordance with the Transportation Infrastructure Standards and Specifications, must be accompanied by a traffic impact analysis study as prescribed in the Transportation Infrastructure Standards and Specifications adopted pursuant to Chapter 12.09 WMC.
(5) Levels of Service Standards. Roads are determined to be adequate for purposes of concurrency if the proposed development’s traffic impacts on surrounding public roads and State highways, excluding limited-access highways, satisfies the following road capacity level of service:
(a) A calculated Level of Service D or better is considered desirable;
(b) A calculated Level of Service E is considered adequate; and
(c) A calculated Level of Service F is considered inadequate.
(6) Determination of Adequacy.
(a) A proposed development that will add direct traffic impacts on a roadway or intersection of 10 or more vehicle a.m. or p.m. peak hour trips according to an approved traffic study prescribed in subsection (4) of this section, which results in a calculated Level of Service E or higher shall be considered adequate for purposes of concurrency.
(b) Except as provided in subsection (7) of this section, a proposed development that will generate direct traffic impacts on a roadway or intersection of 10 or more vehicle a.m. or p.m. peak hour trips according to an approved traffic study prescribed in subsection (4) of this section, which results in a calculated Level of Service F shall not be approved unless one or more of the following conditions is satisfied:
(i) The nonproject condition is Level of Service D or better and the applicant agrees to fund improvements needed to retain a calculated Level of Service D or better;
(ii) The nonproject condition is Level of Service E or F and the applicant agrees to fund improvements needed to obtain a calculated Level of Service E or better;
(iii) The applicant achieves a calculated Level of Service E by phasing the project or using transportation management techniques approved by the City Engineer that reduce the number of peak hour trips to degraded intersections generated by the proposed development;
(iv) The roadway/intersection has already been improved to its ultimate roadway section, consistent with the City’s Transportation Master Plan and the street design standards set forth in the Transportation Infrastructure Standards and Specifications adopted pursuant to Chapter 12.09 WMC, and the applicant agrees to apply transportation management techniques or phase the development proposal to reduce the number of peak hour trips to the maximum extent feasible as determined by the City Engineer; or
(v) The necessary financial commitments are in place in the City’s Six-Year Capital Improvement Plan/Transportation Improvement Plan to assure the completion of needed transportation improvements as the development proposal’s traffic impacts occur.
(7) Exceptions.
(a) Exceptions from subsection (6)(b) of this section may be granted by the City Engineer only when extraordinary circumstances are present that make compliance with the standards infeasible and the Director determines traffic impact fees and/or mitigation is provided that is acceptable to the City.
(b) No improvements to State roads are required unless the State requests such improvements, or there is an agreement between the State and City for the applicant to construct necessary improvements, or the State requests necessary improvements under the State Environmental Policy Act.
(c) No improvements to County roads are required unless the County requests such improvements and an interlocal agreement is adopted between the County and the City, or the County requests necessary improvements under the State Environmental Policy Act. (Ord. 720 § 27 (Att. A), 2021)
21.90.070 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 road that meets City street standards; or
(b) The property has access to such a road over a driveway that meets City driveway standards.
(2) The proposed circulation system of a development shall intersect with existing and anticipated streets abutting the site at safe and convenient locations consistent with City street standards.
(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) 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 (e.g., fire protection, emergency medical service, mail delivery or trash collection); and
(b) 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. 720 § 27 (Att. A), 2021)