HomeMy WebLinkAboutORD 4521 � Amended by ORDs 4963, 5100,
5137, 5156� 5450 � 5517, 5558, I�
CITY OF RENTON, WASHINGTON
ORDINANCE N0. 4521
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CREATING ,
CHAPTER 34, STREET IMPROVEMENTS, OF TITLE IV (BUILDING
REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF '�
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" ,;:I
RELATING TO THE DESIGN STANDARDS, DEVELOPMENT ,
REQUIREMENTS, ADMINISTRATION AND ENFORCEMENT FOR REQUIRED ,
STREET IMPROVEMENTS, CREATING A PROCESS FOR ALTERATION, aj
MODIFICATION, DEFERRALS AND WAIVERS OF THE 5TREET ,
STANDARDS, CREATING AN APPEAL MECHANISM AND ESTABLISHING
A PENALTY FOR VIOLATION OF THE CHAPTER.
SECTION I. There is hereby adopted a new Chapter 34,
entitled Street Improvements, to Title IV (Building Regulations) ,
of Ordinance No. 4260 entitled "Code of General Ordinances of the
• City of Renton, Washington" to read as follows :
CHAPTER 34
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STREET IMPROVEMENTS
SECTION: i
;
4-34- 1 : Title
4-34- 2 : Purpose
4-34- 3 : Definitions ��
4-34- 4 : Administering and Enforcing Authority
4-34- 5 : Design Standards . I
4-34- 6 : Development Requirements, Applicability and Exemptions
4-34- 7 : Plan Drafting and Surveying Standards
4-34- 8 : Review and Approval of Plans
4-34- 9 : Inspections, Fees and Permits ;
4-34-10 : Bond and Liability Insurance Required �
4-34-11 : Alterations and Modifications
4-34-12 : Deferrals
4-34-13 : Waivers
4-34-14 : Appeals
4-34-15 : Violations and Penalties
4-34-16 : Severability
4-34-1 : TITLE: This code shall be hereinafter known as the
Renton Street Improvement Ordinance.
4-34-2 : PURPOSE: It is the purpose of this code is to establish
design standards and development requirements for street
improvements to insure reasonable and safe access to developed
ORDINANCE N0. 4521
properties . These improvements include sidewalks, curbs, gutters, I
street paving, monumentation, signage and lighting.
4-34-3 : DEFINITIONS: Unless the context specifically indicates
otherwise, the meaning of terms used in this Section shall be as
follows :
A. ACCESS EASEMENT: An easement created for the purpose of
vehicular or edestrian access to a ro ert .
providing p p p y
B. ADMINISTRATOR: The Administrator of the Department of ,
Planning/Building/Public Works of the City, or any successor office
with responsibility for management of the public properties within
the City of Renton, or his/her designee.
C. ALLEY: A public right-of-way not designed for general travel
and primarily used as means of vehicular and pedestrian access to
the rear of abutting properties .
D. AREA CLASSIFICATION: The area classifications "commercial" ,
"industrial" , and "residential" shall mean the following:
1 . Commercial: That portion of the City with designated land
uses characterized by commercial office activities, services and
retail sales . Ordinarily these areas have large numbers of
pedestrians and a heavy demand for parking space during periods of
peak traffic or a sustained high pedestrian volume and a
continuously heavy demand for off-street parking space during
business hours . This definition applies to densely developed
business areas outside of, as well as those that are within, the
central part of the City.
2 . Industrial : That portion of the City with designated land
uses characterized by production, manufacturing, distribution or
fabrication activities . Ordinarily these areas have few
pedestrians and a low parking turnover, but there is a large amount
of truck and trailer traffic. Those portions of the City with the
following zoning designations are considered for purposes of this
Ordinance as industrial: Light Industrial, Medium Industrial and
� Heavy Industrial.
3 . Residential : A residential development or a mixture of
residential and commercial establishments characterized by few
pedestrians and a low parking demand for turnover at night. This
definition includes areas with single family homes, townhouses and
apartments .
E. COMBINED PUBLIC DETENTION: A storm water detention system
designed to accommodate runoff from both public streets and private
property.
F. CURB: A vertical curb and gutter section constructed from
concrete.
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G. DEPARTMENT: The Planning/Building/Public Works Department of
the City of Renton.
H. DOWNTOWN AREA: That area bounded by the center lines of
Smithers Avenue South from South Fourth Place to South Third Avenue
and Logan Avenue South from South Third Street to the Cedar River,
bounded on the north by Cedar River, east to Mill Avenue South,
south to South Fourth Street and west to Smithers Avenue South.
I . HILLSIDE SUBDIVISION: A subdivision in which the average
slope is twenty percent (20�) or in which any street in the
subdivision has grades greater than fifteen percent ( 15�) at any
point.
J. NO-PROTEST AGREEMENT: A restrictive covenant signed by the
property owner signifying consent to the future formation of a
Local Improvement District by the City of Renton or by property
owners for constructing and paying for street improvements .
K. PAVED: Surfaced with a hard, smooth surface, usually
consisting of concrete or asphalt underlain by a subgrade of
crushed rock.
L. PAVEMENT WIDTH: Width of paved driving and parking surface,
including gutters, as measured from face of curb to face of curb,
or from edge of pavement where there are no curbs .
M. PEDESTRIAN WALKWAY: A surfaced walkway, separate from the
traveled portion of the roadway, usually of crushed rock or
asphalt, and following the existing ground surface.
N. RESTRICTIVE COVENANT: A restriction on the use of land set
forth in a formal binding agreement. Restrictive covenants run
with the land and are binding upon subsequent owners of the
property.
O. SIDEWALK: A concrete walkway separated from the roadway by a
curb, planting strip or roadway shoulder. '
P. STREET, ARTERIAL: Streets intended for higher traffic volumes
and speeds as designated by the Department.
Q. STREET, COLLECTOR: A street providing access with higher
traffic volumes than a typical access street. Collector streets
are designated by the Department.
R. STREET, COMMERCIAL ACCESS: A non-arterial street providing
access to commercial land uses .
S. STREET, INDUSTRIAL ACCESS: A non-arterial street providing
access to industrial land uses .
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ORDINANCE NO. q���
T. STREET, RESIDENTIAL ACCESS: A non-arterial street providing
access to residential land uses, and not designated as a collector
street by the Department.
U. UNIFORMITY R.ATIO: The ratio of the average horizontal
illumination to the minimum point horizontal illumination at the ,
pavement surface.
4-34-4 : ADMINISTERING AND ENFORCING AUTHORITY: The Administrator
of the Department of Planning/Building/Public Works and/or his/her ,
designated representatives are responsible for the general
administration and coordination of this code.
4-34-5 : DESIGN STANDARDS:
A. The minimum design standards for streets are listed in the
following Table A. These standards will be used as guidelines for
determining specific street improvement requirements for
development projects, including short plats and subdivisions .
TABLE A
MINIMUM DESIGN STANDARDS FOR RESIDENTIAL ACCESS STREETS
RIGHT-OF-
WAY WIDTH PAVEMENT SIDEWALKS OTHER
50 ' 32 ' paved 6 ' sidewalk Combined public
Parking both adjacent to detention
sides curb Street lighting
both sides
MINIMUM DESIGN STANDARDS FOR COLLECTOR STREETS
RIGHT-OF-WAY
WIDTH PAVEMENT SIDEWALKS OTHER
60 ' 36 ' paved 5 ' sidewalks Combined
Parking both and public
sides 5 ' planting detention
strip on both Street �
, sides lighting
MINIMUM DESIGN STANDARDS FOR COMMERCIAL ACCESS STREET5
' RIGHT-OF-WAY
WIDTH PAVEMENT SIDEWALKS OTHER
� 60 ' 40 ' paved 5 ' sidewalks Combined public
located on the detention
property line Street lighting
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ORDINANCE NO. 4521
MINIMUM DESIGN STANDARDS FOR INDUSTRIAL ACCESS STREETS
RIGHT-OF-WAY
WIDTH PAVEMENT SIDEWALKS OTHER
66 ' 44 ' paved 5 ' sidewalks and Combined public
5 ' planting strip detention
on both sides Street lighting
B. Arterial Streets: Arterial street right-of-ways shall be
sixty feet ( 60 ' ) to one hundred and fifty feet ( 150 ' ) in width as
may be required by the Administrator or his/her designee. The
design standards for arterial streets will be established on a case
by case basis by the Administrator or his/her designee in
accordance with the major arterials and streets plan.
C. Sidewalk Widths:
l . Minimum Clearance: New sidewalks must provide a minimum of
four feet (4 ' ) of horizontal clearance from all vertical
obstructions . Sidewalk widths listed in Table A include curb width
for those sidewalks constructed adjacent to the curb.
2 . Downtown Area: Greater sidewalk widths may be required in the
Downtown Area as part of site plan review for specific projects .
The Administrator may require that sidewalks be extended from
property line to the curb with provisions made for street trees and
other landscaping requirements, street lighting, and fire hydrants .
D. Private Streets: Private streets are allowed for access to
six ( 6) or less lots, with no more than four (4) of the lots not
abutting a public right-of-way. Private streets will only be
permitted if the proposed private street is not anticipated by the
Department to be necessary for existing or future traffic and/or
pedestrian circulation through the subdivision or to serve adjacent
property. Such private streets shall consist of a minimum of a
twenty-six foot (26 ' ) easement with a twenty foot (20 ' ) pavement
width. The private street shall not exceed five hundred feet
(500 ' ) in length, and shall provide a turnaround meeting the
minimum requirements of this Chapter. Appurtenant traffic control
devices including installation of traffic and street name signs, as
required by the Department, shall be provided by the subdivider.
The street name signs will include a sign labeled "Private Street" .
A restrictive covenant will be required to create the private
street, specifying The private street must be installed prior to
recording of the plat unless deferred. No sidewalks are required
for private streets, however drainage improvements per City Code
are required, as well as an approved pavement thickness (minimum of
4" asphalt over 6" crushed rock) . The maximum grade for the
private street shall not exceed fifteen percent ( 15�) , except for
within approved hillside subdivisions .
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ORDINANCE NO. 4521
E. Shared Driveway: A shared private driveway may be permitted
for access to two lots . The private access easement shall be a
minimum of twenty foot (20 ' ) in width, with a minimum of a twelve
foot ( 12 ' ) paved driveway.
F. Pavement Thickness: New pavement must asphalt with a minimum
thickness of 4" of asphalt over 6" of crushed rock. Pavement
thickness for new arterial or collector streets or widening of
arterials or collector streets must be approved by the Department.
Pavement thickness design shall be based on standard engineering
design methods. For the purposes of asphalt pavement design, the
procedures described by the "Asphalt Institute ' s Thickness Design
Manual" ( latest edition) will be accepted by the Department.
, Alternate design procedures or materials may be used if approved by
the Department through the alteration and modification process .
G. Alley Standards: The minimum design standards for alleys are
outlined in the following Table B. Alleys may be used for
vehicular access to the adjacent lots, but are not to be considered
as primary access for emergency or fire department concerns .
TABLE B
MINIMUM ALLEY DESIGN STANDARDS
ZONING TYPE ROW WIDTH PAVING WIDTH
All residential 16 feet 14 feet
Commercial 16 feet 16 feet
Downtown Area and 20 feet 20 feet
Industrial
H. Grades: Grades on arterial streets shall not exceed ten
percent ( 10�) , and the grade on any public street shall not exceed
fifteen percent ( 15�) , except for within approved hillside
subdivisions .
I . Horizontal Curves: Where a deflection angle of more than ten
degrees ( 10°) in the alignment of a street occurs, a curve of
reasonably long radius shall be introduced, subject to review and
approval of the Administrator.
J. Vertical Curves: All changes is grade shall be connected by
vertical curves of a minimum length of two hundred feet (200 ' )
unless specified otherwise by the Administrator.
K. Tangents for Reverse Curves: A tangent of a least two hundred
feet (200 ' ) in length shall be provided between reverse curves for
arterials; one hundred and fifty feet ( 150 ' ) for collectors and one
hundred feet ( 100 ' ) for residential access streets .
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ORDINANCE NO. 4521
L. Lighting:
1 . Average Maintained Illumination: The street lighting shall be '�
constructed to provide average maintained horizontal illumination '
as illustrated below. the lighting levels shall be governed by
roadway classification and area zoning classification. Values are
in horizontal foot-candles at the pavement surface when the light
source is at its lowest level.
Commercial Industrial Residential
Principal Arterial 2.0 2.0 1.0
Minor Arterial 1.4 1.2 0.6
Collector Street 1.2 0.9 0.6
Local Street 0.9 0.6 02
2 . Uniformity Ratios: Uniformity ratios for the street lighting
shall meet or exceed 4 : 1 for light levels of 0 . 6 foot-candles or
more and 6 : 1 for light levels less than 0 . 6 foot-candles .
3 . Guidelines: Street lighting systems shall be designed and
constructed in accordance with the City publication, "Guidelines i
and Standards for Street Lighting Design of Residential and
Arterial Streets" .
M. Dead End Streets: Dead end streets are permitted where �
through streets are determined by the Department not to be
feasible. For other circumstances, dead end streets may be
approved by the Department or Hearing Examiner as part of the plat
approval or site plan approval for a proposed development.
l . Standards: Minimum standards for dead end streets, when ',
approved by the Department, are as follows :
DEAD-END STREETS - �MINIMUM STANDARDS�
For up to 150 ' in length - No turnaround required
� From 150 ' to 300 ' in length - Dedicated hammerhead turnaround or
cul-de-sac required
From 300 ' and longer - Cul-de-sac required
Longer than 500 ' in length - Cul-de-sac required. Fire
sprinkler systems required (with max. of 700 ' ) for
houses beyond five hundred feet (500 ' )
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ORDINANCE NO. 4521
Any cul-de-sac greater than maximum length of seven hundred feet
(700 ' ) will require two means of access, and fire sprinkler systems
for houses beyond five hundred feet (500 ' ) .
2 . Secondary Access: Secondary access for emergency equipment is
required when a development of three or more buildings are located -�
more than two hundred feet (200 ' ) from a public street.
3 . Cul-de-sa� Design: Cul-de-sacs sha11 have a minimum paved
radius of forty five feet (45 ' ) with a right-of-way radius of fifty ',
five feet (55 ' � for the turnaround . !
4 . Turnarou�d Design: The hammerh�ad turnaround shall have a
design approved by the Administra�or and the Fire Department. I
4-34-6: STREE� IMPROVEMENT ���UIREY�E�TS, APPLICA�ILITY AND I
EXEMPTIONS:
A. Applicabili�y: Whenever a permit is applied for under the
provisions of the Uniform Buildin� Code for new construction, or
application made for a short plat or a full subdivision which is
'ocated on a property adjacent to public right-of-way, then the
person applyir.� for such bu��ding permit shall build and install
, certain stre�� improvement.w, in.cluding, b�at not limite� to:
s.idewalk�, cu��bsr gut-cers; street paving, drainage, monuments and
l.igr�ting on �li udja��r�t ri.ght-�f-ways, and «11 private street
, improvements on �ccess Pa.s�iuents . Such improvements sh�ll extend �
the fu1_i d�starce of su.ch prop�r.ty to be irnproved upon and 5ought
' t� be �c.cup�.e� ds a building site crr parkin� area for the af.oresaid
buildiz�g or p]_attiug purposes arld whicr. may -adjain property
, dedicatea a� . a � ubli� street. 1';�e minimum 1eve1 of street
�
;- impraveman::s . required d�pends upon the project size as listed in
Table C. The pr.oje�t sizes Iisted shall be for square footage of
� new bui?di.ng �nd/ar .additian. to existing buildings, number of units
for apartments, or t�tal num�er �f final lots in the proposed plat
or short plat.
B. Ex�mp�ion�: The following exemptions shall be made to the
requirernents listed in this section:
l . New construction or addition with valuation less than $50, 000 .
2 . Inter:i_or �remodels of . any ��alue not involving a building I
addition.
3 . The construction of one ( 1 ) single family house, or the
� modification or. addition to an existing house if the public street
adjacent to the lot under construction is currently used for
vehicular access and improved with pavement. If the street does
not meet this criteria, then the street must be improved to minimum
Fire Department standards .
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ORDINANCE NO. 4521 '
TABLE C
PUBLIC STREET IMPROVEMENT REQUIREMENTS FOR PRIVATE DEVELOPMENT
PROJECT SIZE RIGHT-OF-WAY PAVEMENT SIDEWALKS OTHER
WIDTH
. 2-4 units As determined Provide half Provide Minimum
residentia by Section 4- pavement sidewalk 20 '
1 34-6D width per on project pavement
• 0-5000 standard side to
� sq. ft. plus minimum No street arterial '
commercial 10 ' - curb lighting (500 '
. 0-10,00 required on required maximum)
sq.ft. project side
industrial
• 5-20 As determined Provide full Provide Minimum
residentia by Section 4- pavement sidewalk 20 '
1 lots 34-6D width per on project pavement
. 5-10, 000 standard - side to
sq.ft curb Street arterial
commercial required on lighting (500 '
• 10-20, 000 project side required maximum)
sq.ft. on project
industrial side �
More than 20 As determined Provide full Provide Minimum '
units by Section 4- pavement sidewalk 20 '
residential, 34-6D width per on project pavement
10, 000 sq. ft standard - side and
commercial, curb Street pedestria
or 20, 000 sq. required on lighting n walkway
ft. project side required to
industrial on project arterial
side
D. Right-of-Way Dedication: Where the existing width for any
right-of-way adjacent to the development site is less than the
minimum standards listed in Section 4-34-5, additional right-of-way ,
dedication will be required for the proposed development. The
right-of-way dedication required shall be half of the difference
i between the existing width and the minimum required width as listed
in Section 4-34-5 . In cases where additional right-of-way has been
� dedicated on the opposite side of the right-of-way from the
� development site in compliance with this section, then dedication
of the remaining right-of-way width to obtain the minimum width as
� listed in Section 4-34-5 shall be required. The Administrator may
waive the requirement for additional right-of-way dedication where
it is determined by the Administrator that construction of full
street improvements are waived and not anticipated in the future.
E. Standards: Al1 such improvements shall be constructed to the
City standards for municipal public works construction. Standards
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ORDINANCE NO. 4521
for construction shall be as specified in Table A of this
Ordinance, and by the Administrator or his/her duly authorized '�
representative. All plans and specifications for such improvements ',
are to be submitted at the time such application for a building '
permit is made.
F. Installation of Street Improvements: No building shall be �
granted a certificate of final occupancy, or plat or short plat
recorded, until all the required street improvements are
constructed in a satisfactory manner and app.roved by the
responsible departments unless those improvements remaining
unconstructed have been deferred by the Board of Public Works and
security for such unconstructed improvements has been
satisfactorily posted.
G. Latecomer Agreements: Where a development is required to
construct street improvements that may also be required by other
developments or by future development of other parcels in the
vicinity, then the developer may request establishment of a
: latecomer agreement to reimburse the developer for all initial
costs of the improvements . The procedure to. follow in making
application for the latecomer agreement and the steps to be !,
followed by the City are as detailed in Sections 9-5-1 through 9-5- I
16 .
4-34-7 : PLAN DRAFTING SURVEYING STANDARDS: The construction
permit plans for street improvements shall be prepared and surveyed
in conformance with the Department ' s "Construction Plan Drafting
Standards" , surveying standards and the City' s "Standard
Specifications for Municipal Construction" , and standard detail
documents:
4-34-8 : REVIEW AND APPROVAL OF PLANS: All street improvement
plans prepared shall be submitted for review and approval to the '
Department. Al1 permits required for the construction of these
improvements shall be applied for and obtained in the same manner,
fees, and conditions as specified in Chapter 10, Title IX (Public �
Ways and Property) of Ordinance No. 4260 entitled Code of General
Ordinances of the City of Renton relating to excavating or
disturbing streets, alleys, pavement or improvements .
4-34-9 : INSPECTION, FEES AND PERMITS: . The Department shall be '
responsible for the supervision, inspection and acceptance of all
street improvements listed in this Ordinance, and shall make a ',
charge therefore to the applicant. The charges shall be based on I
percentage of the estimated construction cost as follows :
5� of the first $100, 000
4$ of anything over $100, 000 up to $200, 000
3� of any amount over $200, 000
The applicant will be required to submit a cost estimate for the
' improvements . This will be checked by the Department for accuracy.
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ORDINANCE NO. 4521
above c ar es shall be de osited to the I
. Moneys derived from the h g p
General Fund. Half of the fee is due and payable upon submittal
for a construction permit application, and the remainder is due and
payable prior to issuance of the construction permit.
4-34-10 : BOND AND LIABILITY INSURANCE REQUIRED: Prior to
commencing construction the person constructing the street
improvements shall post a construction bond in an amount sufficient
to cover the cost of conforming said construction with the approved
construction permit plans . In lieu of a bond, the applicant may
elect to establish a cash escrow account with his/her bank,
securing only this obligation and no other, in an amount deemed by
the Administrator to be sufficient to reimburse the City if it
should become necessary for the city to complete the improvements.
The instructions to the escrow shall specifically provide that
after prior written notice unto the applicant and his/her failure
to correct and/or eliminate existing or potential hazardous
conditions or improperly constructed improvements, and his/her
failure to timely remedy same, the escrow shall be authorized
without any further notice to the applicant or her/his consent to
disburse the necessary funds unto the City of Renton for the
purpose of correcting and/or eliminating such conditions . After
determination by the Department that all facilities are constructed
in compliance with the approved plans, the construction bond can be
reduced to 10 percent ( 10�) as a one ( 1 ) year maintenance bond.
4-34-11 : ALTERNATES AND MODIFICATIONS:
A. Alternates: The provisions of this Ordinance are not intended
to prevent the use of any material or method of construction not
specifically prescribed by this Ordinance, provided any alternate
has been approved and its use authorized by the Administrator or
his/her designee.
The Administrator may approve any such alternate, provided he/she
finds that the proposed design and/or methodology is satisfactory -
and complies with the provisions of this Ordinance and that the
material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this Ordinance in
suitability, strength, effectiveness, durability, safety,
, maintainability and environmental protection.
i The Administrator may require that sufficient evidence or proof be
submitted to substantiate any claims that may be made regarding its
use.
B. Modifications: Whenever there are practical difficulties
involved in carrying out the provisions of this Section, the
administrator may grant modifications for individual cases provided
she/he shall first find that a special individual reason makes the
strict letter of this Ordinance impractical, that the modification
is in conformity with the intent and purpose of this Ordinance, and
that such modification:
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ORDINANCE N0. 4521
1 . Will meet the objectives and safety, function, environmental
protection and maintainability intended by the requirements of this ,
Ordinance, based upon sound engineering judgment. 'I
2 . Will not be injurious to other property(s) in the vicinity. I
C. Half Street Improvements: Half street improvements may be
allowed for a residential access street by the Administrator or
her/his designee when it is determined that the adjacent parcel of
property has the potential for future development and dedication of
the right-of-way necessary for the completion of the street right-
of-way. The right-of-way for .the half street improvement must be
a minimum of thirty-five feet (35 ' ) with twenty-eight feet paved
(28 ' ) . A curb and a six foot ( 6 ' ) sidewalk shall be installed on ;
the development side of the street. If the street will require a
cul-de-sac, then the right-of-way for the half of the cul-de-sac
shall be dedicated, with installation of a temporary hammerhead
turnaround. The property shall also dedicate easements to the City
for street lighting and fire hydrants . Additional easements shall
be provided for the franchise utilities outside of the dedicated
right-of-way. When the adjacent parcel is platted or developed, an
additional fifteen feet ( 15 ' ) of right-of-way shall be dedicated
from the developing property. The pavement shall then be widened
to thirty-two feet ( 32 ' ) in total width, and a curb and six foot
( 6 ' ) wide sidewalk shall be installed on the developing side of the ,
street. If the street is a dead-end street requiring a cul-de-sac, ;
then the developing parcel shall dedicate the remainder of the %
right-of-way for the cul-de-sac and construct the final complete
cul-de-sac, including curb and sidewalk improvements .
D. Reduced Right-of-Way Dedication Requirements for Platting:
The Department may approve a reduction in the required right-of-way
width for residential access streets for new streets within a short
plat or subdivision to forty-two feet (42 ' ) when the extra area
from the reduction is used for the creation of an additional lot(s)
which could not be platted without the reduction; or when the •
platting with the required right-of-way width results in the ,
creation of lots with less than one hundred feet ( 100 ' ) in depth.
The Department may require additional easements be provided for the
franchise utilities outside of the dedicated right-of-way when such
a right-of-way reduction is approved. In no case shall a reduction
' in the required right-of-way width be approved unless it is shown I
that there will be no detrimental effect on the public health, '�
safety or welfare if the right-of-way width is reduced, and that
the full right-of-way width is not needed for current or future
development.
4-34-12 : DEFERRAL:
A. Deferral and Security: If a developer wishes to defer certain
, street improvements listed in this ordinance until after obtaining
a certificate of occupancy for any structures, or in the case of
plats, final plat approval, then written application shall be made
to the Board of Public Works . Upon approval by the Board of Public
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ORDINANCE NO. 4521
Works for such deferment, for good cause shown by the applicant,
the applicant shall thereupon furnish security to the City in an
amount equal to one hundred fifty percent ( 150$) of the estimated '
cost of the installation and required improvements . The decision
of the Board of Public Works as to the amount of such security
shall be conclusive.
B. Time Limit: Such security shall list the exact work that
shall be performed by th� applicant and shall specify that all of
the deferred improvements shall be completed within the time
specified by the Board of Public works, and if no time is so
specified, then not later than one year. The Board. of Public Works
shall annually -review the deferred improvements and the amount of
the security. Should the Board of Public Works determine that any
improvement need not be installed immediately, then the Board of
Public works may extend the deferral for an additional period of
time up to an additional year. Any improvement deferred for five
(5) years shall be required to be installed or shall be waived,
unless the Board of Public Works determines that it is more likely
than not that the improvements would be installed within an
additional five (5) year period of time, in which case the Board
may continue to defer the improvements year to year subject to the
other conditions contained in this section. Should any improvement
be initiated before the lapse of a deferral, and the work is
diligently pursued, then the Board �f Public Works may extend the
deferral period for a term equivalent to the time necessary to
complete construction, but subject, however to continuation of the ',
security. At the same time as the granting of any additional
deferral, the security for such deferral shall be reviewed and
increased or decreased as the Board of Public Works shall deem
necessary, but shall remain in an amount equal to a minimum of one
hundred fifty percent ( 150�) of the estimated cost of the
installation of the deferred improvement.
C. Acceptable Security: Security acceptable under this section
may be cash, letter of credit, set aside letter provided that the .
funds cannot be withdrawn, spent, or committed to any third party,
or savings account assigned to the City and blocked as to Y�,
withdrawal by the secured party without the City' s approval. Only I
if these security devices are unavailable to the applicant, or the ,
applicant can show hardship, will the city accept a performance
bond. Any security device must be payable to the City upon demand
by the City and not conditioned upon approval or other process
involving the applicant. Security must be unequivocally committed
to the project being secured, and cannot be available for any other
purpose. Any securit that, accordin to its terms la ses u on a
Y g � P P
date certain, will cause the deferral to lapse on that same date
unless additional adequate substitute security has been posted
prior to the termination date of the prior security. Each security
document posted with the City must be approved by the City
Attorney, whose decision as to the acceptability of the security
shall be conclusive.
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ORDINANCE NO. 4521
D. Proceeding Against Security: The City reserves the right, in
addition to all other remedies available to it by law, to proceed
against such security or other payment in lieu thereof. In case of
any suit or action to enforce any provisions of this code, the
developer shall pay the City all costs incidental to such
litigation including reasonable attorneys fees .
E. Binding Upon Applicant: The requirement of the posting of any �
security therefor shall be binding on the applicant and the
applicant ' s heirs, successors and assigns .
F. Notification to the Administrator: The Board of Public Works
shall notify the Administrator in writing of the following: the
improvements deferred, amount of security or check deposited, time
limit of security or check, name of bonding company, and any other
pertinent information.
G. Security: Whenever security has been accepted by the Board of '
Public Works, then no release of the owner or developer upon that
security shall be granted unless a new party will be. obligated to
perform the work as agreed in writing to be responsible under the
security, and has provided security. In the instance where
security would be provided by a condominium owners association or
property owners association, then it shall be necessary for the
owners association to have voted to assume the obligation before
the City may accept the security, and a copy of the minutes of the
owners association duly certified shall be filed along with the
security. I
The City shall not be required to permit a substitution of one
party for another on any security if the Board of Public Works,
after full review, feels that the new owner does not provide
_ sufficient security to the City that the improvements will be
� installed when required.
H. Restrictive Covenants: A restrictive covenant running with �
the land, signed and properly recorded after City Attorney review,
may be accepted as security if the covenant guarantees that the
property will join in any future LID established to install the
required improvements in addition to the following conditions :
� a. There are no similar improvements in the vicinity and
there is no likelihood that the improvements will be needed
or required in the. next five (5) years .
b. There will be no detrimental effect on the public health,
safety or welfare if the improvements are not installed.
c. There is no likelihood that the zoning or land use on or
adjacent to the site will change to a higher
classification within a five (5) year period, thus
increasing the likelihood that the improvements will be
needed.
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ORDINANCE N0. 4521
d. A covenant approved by the Board of Public Works shall
contain language that stipulates the property owner will
immediately install the deferred improvements at his or
her expense upon a determination of the Board of Public works
that the improvements have become necessary.
4-34-13 : WAIVERS:
A. Waiver by the Board of Public Works: The Board of Public
Works may grant waiver of the installation of street improvements
subject to the determination that there is reasonable justification
for such waiver. Any application for such a waiver shall specify
in detail the reason for such requested waiver and may contain such
evidence including photographs, maps, surveys as may be pertinent
thereto. Reasonable justification shall include but not be limited
to the following:
1 . Required street improvements will alter an existing wetlands
or stream, or have a negative impact on a shorelines area.
2 . Existing steep topography would make required street
improvements infeasible.
3 . Required street improvements would have a negative impact on
other properties, such as restricting available access .
4 . There are no similar improvements in the vicinity and there is
little likelihood that the improvements will be needed or required
in the next ten ( 10) years .
In no case shall a waiver be granted unless it is shown that there
will be no detrimental effect on the public health, safety or
welfare if the improvements are not installed, and that the
improvements are not needed for current or future development.
B. Waiver of Turnaround Requirement: The requirement for a - -
turnaround or cul-de-sac may be waived by the Administrator with . �
approval of the Fire Department when the development proposal will
not create an increased need for emergency operations .
4-34-14 : APPEALS: Any decisions made in the administrative
process described in this Section may be appealed to the Hearing
Examiner within fifteen ( 15) days and filed, in writing, with the ;
Hearing Examiner or secretary. The Hearing Examiner shall give I
substantial weight to any discretionary decision . of the City
rendered pursuant to this Chapter.
4-34-15 : VIOLATIONS AND PENALTIES: Violations of the provisions
of this Chapter will be a civil infraction and punishable under
Chapter 33 of Title IV.
4-34-16 : SEVERABILITY: If any provision of this Ordinance or its
application to any person or property is held invalid by a court of
competent jurisdiction, the remainder of the Ordinance or the
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' . ORDINANCE NO. 4521
application of the provision to other persons or circumstances
shall not be affected.
SECTION II. This Ordinance shall be effective upon its
passage, approval, and thirty (30) days after its publication.
PASSED BY THE CITY COUNCIL this 5th day of June , 1995 .
���N� r �
Brenda Fritsvo d, D'eputy City Clerk �
APPROVED BY THE MAYOR this 5th day of June , 1995 .
E 1. C1 er, Ma r
Approved as to form:
Lawr e J. Warre . City Attorney �
Date of Publication: June 9, 1995 (Summary Only)
ORD.466 :5/15/95 :as .
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