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Home My WebLink AboutO-2724 - Amends Sec. 12.02A.090 and 12.02A.110; repeals Ch. 12.02, street department code (12.02A) (2)1 OF 3 CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.()..7J--'f AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON, AMENDING THE CITY'S STREET CODE RELATED TO FRONTAGE IMPROVEMENTS AND DEDICATIONS AND AMENDING CHAPTER 12.02A AND REPEALING CHAPTER 12.02 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS, the City Council ofthe City ofMarysville finds that it is necessary to amend the City's street code as set forth in Ch. 12.02A MMC, in order to fairly and equitably apply frontage improvement and dedication requirements to certain developments within the City; and WHEREAS, the City Council's Public Works Committee has reviewed and recommends approval ofthe above-referenced amendment to the City's street code; and WHEREAS, the City has complied with the requirements ofthe State Environmental Policy Act, Ch.43.21C RCW, (SEPA) by adopting a determination ofnon-significance for the adoption ofthe proposed revision to the City's street code; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: Ch.l2.02A MMC is hereby amended by amending MMC 12.02A.090 and MMC 12.02A.ll0 to read as follows: 12.02A.090 Frontage improvements required.. (I)The term "frontage improvements"as used in this section shall refer to the construction, reconstruction or repair ofthe following facilities along the full abutting public street frontage of property being developed: (a) Curbs, gutters and sidewalks; (b)Underground storm drainage facilities; (c)Patching the street from its preexisting edge to the new curb line; (d)Overlayment ofthe existing public street to its centerline; (e)Construction ofnew streets within dedicated,unopened right-of-way. All such frontage improvements shall be constructed' to city specifications. (2) Property owners shall be required to construct frontage improvements along the full abutting public street frontage of property which is developed as provided in subsection (3)of this section; provided, that overlayment of an existing public street to its centerline shall not be required for single-family or duplex development. (3)Frontage improvements shall be constructed as follows: (a) Formal plats: frontage improvements shall be completed prior to recording the final plat, or may be bonded pursuant to provisions of MMC Title 20; (b) Short plats: frontage improvements shall be completed for frontage abutting all lots prior to the issuance of a building permit for any lot in the short plat; ORDINANCE-STREETCODE REVISION F:\CJTYHALL\SHARED\CWRKs\COUNCILPACKETS\CC MEETING 112607\ORDSTREETCODEREVISIQN(CH 1202A MMC)(3LCLN.DOC 20F3 (c) Construction of a dwelling unit, business, commercial or industrial building: frontage improvements shall be completed prior to occupancy ofthe building; (d) Construction ofany additions, alterations or repairs to a residential building that result in an increase in the number of dwelling units as defined in MMC 19.06.143, or to a business, commercial or industrial building that result in an increase in pedestrian or vehicular traffic, within any 12-month period: frontage improvements shall be completed prior to occupancy; (e)Development of a mobile home park or other project requiring a binding site plan: frontage improvements shall be completed prior to occupancy; (f)Any change in the occupancy classification of an existing building or structure on the property: frontage improvements shall be completed prior to occupancy; (4) In the case of single-family residential construction on a single lot, a property owner may satisfy the frontage improvement requirements by constructing a maximum of 200 lineal feet of frontage improvements and may be allowed by the director of community development to satisfy said requirements for more than 200 lineal feet of frontage improvements by participating in a cost-sharing program with the city,ifthe same is approved in the then-current budget ofthe city council, or by constructing the sidewalk improvement to a reduced standard as determined by the City Engineer or designee. (5) The director of community development or designee shall have authority to grant administrative variances from any of the requirements of this section pursuant to MMC 12.02A.120. Such variances shall be conditioned upon the property owner signing a contract providing for the construction ofthe frontage improvements at a future time. Said contract shall include, but not be limited to, the making ofa cash deposit with the city in an amount equal to the estimate ofthe city engineer ofthe cost of said improvements, including design cost, plus an administrative overhead fee of 15 percent. No other form of payment or security shall be authorized. In the event the frontage improvements are not constructed by the property owner within five years ofthe grant of a variance, the cash deposit shall be forfeited to the city. If said frontage improvements are constructed by the property owner at the request of the city within five years of the grant of a variance, said cash deposit shall be refunded to the property owner less the 15 percent overhead fee. Said contract shall be subject to the approval of the city attorney and shall contain such other provisions as are necessary to effectuate the future construction of such frontage improvements.The refusal of a property owner to enter into such agreement or to post a cash amount as specified herein shall be a basis to deny a variance request and shall require the construction ofsuch frontage improvements in accordance with subsections (1)through (4)ofthis section. The council authorizes the mayor to review, execute and sign contracts for deferred construction ofcurbs, gutters and sidewalks pursuant to this chapter. Any party aggrieved by a decision ofthe director of community development or city engineer may appeal the decision pursuant to MMC 12.02.A.120(4). (Ord. 2547 §1,2004;Ord. 2539 § I, 2004; Ord. 2292 § I, 1999). 12.02A.110 Dedication of road right-of-way-Required setbacks. (1)It shall be required that a property owner dedicate to the city sufficient property to widen all abutting public rights-of-way to the full width as measured from the right-of-way centerline, so as to conform to the applicable city standards. Such dedication shall be at no cost to the city in all ofthe following cases: (a) Such dedication shall be required as a condition ofapproval ofa final plat. ORDINANCE-STREETCODE REVISION F:\CITYI-IALL\SHARED\CLERKS\COUNCILPACKETS\CCMEETING 112607\ORDSTREETCODEREVISIONrcn 12 02A MMq(3LCLN.DOC (b)Such dedication shall be required as a condition ofapproval ofa short plat. (c)Such dedication shall be required as a condition of approval of a binding site plan for a mobile home park,condominium,planned unit development,shopping center or industrial park. (d).Such dedication may be required as a condition of approval of any rezone, conditional use permit or building permit,when the city finds that the proposed development will adversely affect pedestrian or vehicular traffic and finds that such dedication is necessary to protect against,and is roughly proportional to, such adverse effects.. (2) The dimensions of required yards and the dimensions of setbacks for buildings and other structures,as specified in Chapter 19.12 MMC,shall be measured from the ultimate design width of abutting public rights-of-way according to the applicable road standard specified by the city engineer.This requirement shall apply to all development permits regardless of whether the property owner has dedicated rights-of-way to the city pursuant to subsection (I)ofthis section. (Ord. 2292 § I, 1999). Section 2.Repealer.Ch. 12.02 MMC is hereby repealed. Section 3.Severability.If any section,subsection,sentence,clause,phrase or work ofthis ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word ofthis ordinance. PASSED by the City Council and APPROVED by the Mayor this l(,kt\.day of ----l::J O\~,2007. CITY OF MARYSVILLE By: 30F3 DENNIS L KENDALL,MAYOR Approved as to form: By:~C:l!'-rnJ:/(,~0GRANTK.WEED~TORNEY Date of Publication:ill2-Y /0'1r' Effective Date:11---1::r1/1 (5 dayl a r publication) ·ORDINANCE-STREETCODEREVISION F:\CITYHALL\SHARED\CLERKS\COUNCIL PACKETS\CC MEETING 112607\ORDSTREETCODE REVISION (CH 12 OZA MMqC3LCLN.DOC