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HomeMy WebLinkAboutO-2920 - Amends Sec. 12.02A.090, frontage improvement requirements (12.02A)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO q:AO AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON RELATED TO FRONTAGE IMPROVEMENT REQUIREMENTS, AMENDING SECTION 12.02A.090 FRONTAGE IMPROVEMENTS REQUIRED. WHEREAS, the City Council of the City of Marysville does find that from time to tune it is necessary and appropriate to review and revise provisions of the Streets and Sidewalks Code (Title 12 MMC); and WHEREAS, at a public meeting on September 24, 2012 the Marysville City Council reviewed and considered the amendments to the Streets and Sidewalks Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amending Section 12.021\.090 'Frontage improvements reqmred' to read as follows: 12.02A.090 Frontage improvements required. (1) The term "frontage improvements" as used in this section shall refer to the construction, reconstruction or repair of the 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 of the existing public street to its centerline; (e) Construction of new 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: ORDINANCE - 1 I'RONTI\Gr-: IMPROVEMENT ORD (a) Formal plats: frontage improvements shall be completed prior to recording the final plat, or may be bonded pursuant to provisions of Chapter 22G.090 MMC; (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; (c) Construction of a multi-family dwelling unit, business, commercial or industrial building: frontage improvements shall be completed prior to occupancy of the building; d) Construction of a single-family or duplex dwelling unit: frontage improvements shall be completed prior to occupancy of the structure, provided the following exceptions apply: i. An existing lot in a existing single-family subdivision, short plat, or binding site plan where the lots are fully developed and frontage improvements were constructed to the standard in effect at the time of final plat recording; or ii. An existing lot (greater than 1 acre) where there are no frontage improvements meeting city standards constructed within 200 feet of the lot or identified through approved plats, and development potential exists for future development. At the discretion of the director, frontage improvements may be reduced or deferred until the entire parcel is developed iii. Replacement of an existing single-family or duplex unit where there are no frontage improvements constructed within 200 feet of the lot. Frontage improvements may be waived, providing construction of the new dwelling unit is completed within 12 months of the demolition of the existing unit. (e) The granting of an exception to construct frontage improvements as outlined in 12.02A.090(3)(d) above does not waive the property owners requirement to dedicate right-of­ way as established in MMC 12.02A.11 0 MMC. (f) Construction of any additions, alterations or repairs to a residential building that result in an increase in the number of dwelling units as defined in Chapter 22A020 MMC, 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; (g) Development of a mobile home park or other project requiring a binding site plan: frontage improvements shall be completed prior to occupancy; (h) Any change in the occupancy classification of an existing building or structure on the property that results in an increase in pedestrian and/or vehicular traffic within any 12-month period. Frontage improvements shall be completed prior to occupancy. ORDINANCE - 2 FRONT,\GE 1MPROVEtvlENT ORD (4) 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 of the frontage improvements at a future time. Said contract shall include, but not be limited to, the making of a cash deposit with the city in an amount equal to the estimate of the city engineer of the 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 of the 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 of such frontage improvements in accordance with subsections (1) through (4) of this section. The council authorizes the mayor to review, execute and sign contracts for deferred construction of curbs, gutters and sidewalks pursuant to this chapter. Any party aggrieved by a decision of the director of community development or city engineer may appeal the decision pursuant to MMC 12.02A.120(4). Section 3. Severability. If any section, subsection, sentence, clause, phrase or work of thlS ordinance should be held to be ilwalid or unconstitutional by a court of competent jUrisdiction, such invalidity or unconstitutionality thereof shall not affect the valJdity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. , 0'1--. PASSED by the City Council and APPROVED by the Mayor this I ~ day of 30"(\('(4" , 201~ CITY OF MARYSVILLE BY~~J. NEHRING, MA R Attest: / / /Jr/) ~~Ily ·P.1f1l.j CITY CLERK Approved as to form: By: (.:J..~~~ ·'GRANT K. WEED, CITY ATfORNEY ORDINANCE - 3 r:!<ONTI\C;S I~II'ROVEMENTORD Date ofPublicatioo: 1kilvl Jc<, UJI 3 Effective Date: ~({ vi! d 5;2cj! 3 (5 days after publicatioo) ORDINANCE - 4 FRONTt\GI, IMPROVEMENT ORO