This chapter establishes minimum requirements applicable to a development transportation system, including public and private streets, pedestrian ways and access control to and from public streets. The standards in this chapter are intended to minimize the traffic impacts of development, to assure that all development adequately and safely provide for the storage and movement of vehicles consistent with good engineering and development design practices. [Ord. 671 § 5.1.A, 1995.]

(1) Town streets are classified and mapped according to function served in order to allow for regulation of access, road and right-of-way widths, circulation patterns, design speed and construction standards.

(2) Public rights-of-way and private streets should be classified according to function and average daily traffic (ADT), calculated by trip generation rates prepared by the Institute of Transportation Engineers or other comparable source.

(3) When a street continues an existing street that previously terminated outside a subdivision or development, or is a street that will be continued beyond the subdivision, the classification of the street will be based upon the street in its entirety, both within and outside the development.

(4) The following street hierarchy is established for La Conner: residential access, minor collector, and major collector. All development proposals containing new streets or taking access from existing streets shall conform to the specifications set forth in Chapter 15.86 LCMC. [Ord. 867, 2002; Ord. 671 § 5.1.B, 1995.]

(1) Alleys. An alley provides a secondary means of access to lots and is subject to design specifications set in LCMC 15.86.110.

(2) Fire Lanes. A fire lane shall be installed as determined by the fire department in accordance with the Uniform Fire Code for access to new development. [Ord. 867, 2002; Ord. 671 § 5.1.C, 1995.]

The official street map and any amendments thereto adopted by the town is hereby made a part of this code. The map shall be the basis for all decisions regarding required road improvements, reservation or dedication or rights-of-way for required road improvements, or access of proposed uses to existing or proposed roadways. [Ord. 671 § 5.1.D, 1995.]

(1) Rights-of-way widths – as platted or amended by the town. The right-of-way should be measured from lot line to lot line.

(2) Future rights-of-way – where roadway construction, improvement, or reconstruction is not required to serve the needs of a proposed development project, future right-of-way shall be reserved for future use.

(3) Protection and Use of Rights-of-Way.

(a) No encroachment shall be permitted into existing rights-of-way, except as authorized by the town.

(b) Use of the right-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas or electric lines, shall be allowed subject to the placement specifications of public works.

(c) Sidewalks and bicycle ways shall be placed within the right-of-way. [Ord. 671 § 5.1.E.1, 1995.]

Applications to vacate a right-of-way may be approved upon a finding that all of the following requirements are met:

(1) The requested vacation is consistent with the transportation element of the comprehensive plan.

(2) The right-of-way does not provide the sole access to any property. Remaining access shall not be by easement.

(3) The vacation would not jeopardize the current or future location of any utility.

(4) The proposed vacation is not detrimental to the public interest, and provides a positive benefit to the town.

(5) All procedures and requirements of Chapter 35.79 RCW, Streets – Vacation, are met.

(6) Claims for recognition of vacation claims under the Laws of 1889-1890, Chapter XIX, Section 32, p. 603 must be processed pursuant to the following procedures:

(a) A property owner (“owner”) adjacent to a purportedly vacated portion of right-of-way shall submit a processing fee established by resolution of the town council, proof of ownership and parcel identification number of his/her adjacent property and a letter to the planning director requesting recognition of the vacated nature of an adjacent unopened right-of-way, including a surveyor-prepared or title company-prepared legal description of the portion of purportedly unopened right-of-way.

(b) The planning director will research plat history to determine:

(i) The validity of the claimed vacation;

(ii) Whether the portion of right-of-way for which the owner seeks recognition is contiguous with open access to a town street right-of-way for ingress and egress. If the portion of right-of-way to be recognized does not have open access to a city street, then the owner, as a condition of recognition, shall execute a waiver as prescribed by the town attorney;

(iii) Whether the town or other persons have in place utilities in the portion of right-of-way for which recognition is sought. In such an instance, any recognition deed shall reserve such easement(s) and access thereto in perpetuity in a form approved by the town attorney; and

(iv) Whether, by virtue of vacation or recognition thereof other parcels will be cut off from access to town streets (“stranded parcels”). If so, the town shall not recognize the vacation unless the owner grants unrestricted perpetual rights of ingress, egress and utilities to the owners of such stranded parcels in a form approved by the town attorney.

(c) Upon approval of the claim by the planning director, the applicant will prepare a draft “quit claim deed” using the format prescribed in Attachment A to the ordinance codified in this section for town approval, along with a real estate excise tax affidavit (“REETA”).

(d) Upon completion of subsections (6)(a) through (c) of this section, the mayor is hereby authorized to sign the quit claim deed and the REETA for vacated property terminating any claim by the town to the right-of-way.

(e) Recording of the quit claim deed is the responsibility of, and fees for recording and processing the REETA shall be paid by, the applicant who shall provide a copy of the recorded deed to the town planner immediately after recordation. [Ord. 1211 § 2(A), 2022; Ord. 1129 § 1, 2015; Ord. 671 § 5.1.E.2, 1995.]

(1) All public streets in new development must be designed and constructed pursuant to the standards in LCMC 15.86.080, the AASHTO Standards, the American Public Works Standard Specifications for Roads, Bridges, and Municipal Construction manual or as approved by the town council. Streets may be dedicated to the town upon completion, inspection, and acceptance by the town.

(2) The street system of a proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological and vegetative patterns, and minimizing erosion potential, runoff, and the need for site alteration. Particular effort should be directed toward securing the flattest possible grade near intersections.

(3) Streets shall be laid out to avoid environmentally sensitive areas.

(4) Private streets may be allowed within developments that will remain under common ownership, provided they are designed and constructed pursuant to LCMC 15.86.130.

(5) The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

(6) Streets in proposed subdivisions shall be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub outs in the new development shall be provided for future connection to the adjacent unplatted land.

(7) Residential streets shall be arranged to discourage through traffic.

(8) Streets shall intersect as nearly as possible at right angles. [Ord. 867, 2002; Ord. 671 § 5.1.E.3, 1995.]

Paving widths for each classification shall be as per specifications in LCMC 15.86.080, Tables 1 through 5. [Ord. 867, 2002; Ord. 671 § 5.1.E.4, 1995.]

(1) Curbing shall be required for the purposes of drainage, safety, and delineation and protection of pavement edge along streets in the following cases:

(a) Along designed parking lanes;

(b) Where the surface drainage plan requires curbing to channel storm water.

(2) All curbing shall conform to the construction specifications set by public works. [Ord. 671 § 5.1.E.5, 1995.]

Shoulders, where required, shall measure at least seven feet in width and shall be required on each side of streets and located within the right-of-way. Shoulders shall consist of materials specified by public works and may include grassy swales. Bicycle lanes may be included in the shoulder dimensions. [Ord. 671 § 5.1.E.6, 1995.]

Turn lanes shall be designed to the following standards:

(1) The lane width shall be the same as the required width of the roadway moving lanes for the entire length.

(2) Acceleration lanes are only required when determined to be needed by a traffic impact study. [Ord. 671 § 5.1.E.7, 1995.]

Cul-de-sacs must comply with the specifications of LCMC 15.86.100(2), Table 6. [Ord. 867, 2002; Ord. 671 § 5.1.E.8, 1995.]

There shall be a triangular area of clear visibility formed by two intersecting streets or the intersection of a driveway and a street. The following standards shall be met for all corner lots:

(1) Nothing shall be erected, placed, parked, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the grade, measured at the center line of the intersection.

(2) The clear visibility triangle shall be formed by connecting a point on each street center line, to be located at the distance from the intersection of the street center lines, and a third line connecting the two points.

(3) The distance from the intersection of the street center lines for the various road widths shall be as follows:

(4) Any property owner or occupant who has been determined to be the cause of an obstruction blocking visibility at street intersections shall be notified by certified letter to remove such obstruction. If the obstruction is not removed within 14 days of notification, it shall be removed by public works at the expense of the property owner. [Ord. 1211 § 2(A), 2022; Ord. 671 § 5.1.E.9, 1995.]

At least two street name signs shall be placed at each four-way street intersection, and one at each “T” intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent and of a uniform size and color in accordance with the Uniform Traffic Control Device Manual. Developers shall deposit sufficient funds with the town to provide all necessary roadway signs and traffic signalization as may be required based upon town traffic standards. [Ord. 671 § 5.1.E.10, 1995.]

Transit stops shall be located at sites approved by the town council. [Ord. 671 § 5.1.E.11, 1995.]

(1) Sidewalks shall be provided on all residential streets.

(2) Where a proposed development includes improvements or new construction affecting traffic patterns, the facility design shall include provision for sidewalks.

(3) Where improvements or new construction occur on collector streets, bikeways shall be provided within the right-of-way.

(4) Crosswalks not less than six feet wide may be installed as determined by public works.

(5) Design and construction of sidewalks and bikeways shall conform to public works specifications and Chapter 15.86 LCMC. [Ord. 867, 2002; Ord. 671 § 5.1.E.12, 1995.]

Access to all lots in a proposed residential subdivision shall be by way of a residential street or private road as specified in Chapter 15.86 LCMC. [Ord. 867, 2002; Ord. 671 § 5.1.E.13, 1995.]

Recognizing that certain street rights-of-way in the town have been encumbered by encroachments due to terrain or past circumstances and the town’s policy that existing rights-of-way remain intact, it is the intent of this chapter to provide a means of permitting certain uses and structures in public rights-of-way and to allow modifications of existing encroachments with consideration for mitigating the impact of such encumbrances on the public rights-of-way. [Ord. 671 § 5.2.A, 1995.]

Except as may be specifically provided by this code, it is unlawful to erect, maintain or allow to remain on any street in the town a permanent or temporary structure or object which in any way obstructs, hinders, jeopardizes, injures, or delays the use of the street for either vehicular or pedestrian travel; provided, that the town may close any street at any time, when the director of public works or fire chief determines such closure to be necessary to protect the public health, safety, or welfare. [Ord. 1211 § 2(A), 2022; Ord. 671 § 5.2.B, 1995.]

(1) No person shall use any public place without a permit from the planning director. To use means to construct, erect or maintain in, on, over or under any public place, including but not limited to any building extension, staging, swinging scaffold, clock or any other object or structure; to use or occupy any parking strip, roadway, and/or sidewalk, including the air space above them.

(2) Notwithstanding the provisions of subsection (1) of this section, the following obstructions of right-of-way may be permitted if a permit therefor is obtained from the town under this code; provided, that the director of public works shall determine what traffic barricades, if any, are necessary, and the town will provide such barricades and shall be reimbursed therefor by the applicant:

(a) Obstructions related to community or special events;

(b) Temporary devices such as scaffolding, barricades and/or pedestrian walkways, which may be permitted under certain circumstances as specified by the planning director, where the right-of-way use is necessary to improve the safety of construction work on private property and where an excavation permit is not required;

(c) Any obstruction placed upon a sidewalk by the town for a public purpose. [Ord. 1211 § 2(A), 2022; Ord. 671 § 5.2.C, 1995.]

(1) This code does not apply to noncommercial uses in residential zones. However, these uses shall not be construed to grant or permit vested rights of use, and any such use is hereby deemed and declared to be permissive and shall be removed upon order of the town of La Conner. This code also does not apply to street maintenance work performed by the town, street, water or sewer installation and improvement work authorized by permit or code, or authorized street improvement projects.

(2) The following obstructions shall be allowed on sidewalks or planting strips without a permit:

(a) Merchandise being moved into or out of an adjacent business; provided, that such merchandise does not remain on the sidewalk or planting strip more than 30 minutes;

(b) Fire hydrants;

(c) Planters and other landscaping placed by the town;

(d) Benches and bicycle racks placed by the town;

(e) Telephone, telegraph and light poles placed either by the town or pursuant to franchise granted by the town;

(f) Flagpoles or standards therefor placed by the town;

(g) Traffic control devices placed by the town;

(h) Refuse containers, either placed directly by the town, or where the location of the container is on a sidewalk or planting strip as required by the town;

(i) Landscaping that is semi-permanent in nature that can be removed from the sidewalk area or planting strip at the expense of the owner upon notice by the town. Such landscaping shall be less than 30 inches above the established grade at the curb line or roadway shoulder area. No fences permitted. [Ord. 671 § 5.2.D, 1995.]

(1) Application for a permit and accompanying fees for a street, sidewalk or planting strip obstruction under this code shall be submitted to Town Hall for processing by the planning department. The application shall be upon a form provided by the planning director.

(2) A fee, established by the town council by resolution, shall be paid to the town prior to issuance of any street permit. Fees may be paid in kind based on fair market value. Renewals of street use permits for the maintenance of any continuing use or structure in the public right-of-way shall be reviewed by the planning director and payable on January 1st of each year following the initial permit issuance.

(3) The application for a permit shall contain such information as is required by the planning department and any other applicable town code requirements, including, but not limited to:

(a) Name, address, and telephone number of the applicant;

(b) Description of the use or obstruction;

(c) Drawings and specifications for the obstruction sufficient for review for compliance with this code;

(d) Description of the method of compliance with the standards for installations for sidewalk obstructions established by the provisions of this code;

(e) Evidence showing the applicant to be the owner of record of the property adjoining the public right-of-way.

(4) Upon receipt of the application, the planning department shall forward the application to such town departments as deemed appropriate for comment. Comments shall be returned to the planning director or designee within five working days. [Ord. 671 § 5.2.E, 1995.]

(1) Any application for a permit to construct, erect or maintain an obstruction in a public right-of-way shall be submitted to the planning director. The planning director may submit applications to the town council for review, approval or denial on a case-by-case basis.

(2) The planning director or designee may approve a street use permit if:

(a) The proposed use will not protrude into or over any portion of a public place open to vehicle or pedestrian travel;

(b) The proposal will not interfere with the rights of the public; and

(c) The proposal is in the public interest, safety and convenience.

(3) Any permit issued pursuant to this code is subject to termination upon written notification by the planning director at any time, without cause, and the permit shall so state on its face. [Ord. 671 § 5.2.F, 1995.]

Each obstruction proposed to be placed upon a sidewalk, street, or planting strip of the town shall comply, at a minimum, with the following standards:

(1) The location of the obstruction shall be consistent with the paramount right of the public to use the street, sidewalk, or planting strip for transportation purposes.

(2) The location of the obstruction, and/or the obstruction itself, shall be adequately lighted for night visibility, if the obstruction area is not lighted and pedestrians are present at night.

(3) The location of the obstruction shall not constitute a traffic hazard either by itself, or by its effect upon the visibility of persons using the street or sidewalk.

(4) If a location for the particular type of obstruction is required by the existence of other structures, obstructions, ordinances, or other regulations, the obstruction shall be located where so required.

(5) The obstruction shall not be permitted for longer than the period necessary for accomplishing the proposed purpose for such obstruction.

(6) The applicant shall comply with all other applicable local, state and federal requirements.

(7) The applicant must demonstrate that it is necessary to use the public street, sidewalk or planting strip, and that there is no other means available to accomplish the desired purpose, except by the use of the public right-of-way, street or planting strip.

(8) No one shall plant in any public right-of-way any cottonwood, London plain, weeping willow, gum or any other tree the roots of which cause injury to the sewers, water mains, sidewalks or pavements or which breed disease dangerous to other trees or to the public health or allow to remain in any public right-of-way any planted tree which has died or is in such condition as to be hazardous to the public use of the street and/or sidewalk, and any such trees now existing in any such planting strip or abutting street area shall be removed at the expense of the abutting property owner as may be directed by the town. No tree shall be planted within two feet of any sidewalk or pavement, except as otherwise approved.

(9) No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity or utility use of the street except that trees may extend over the sidewalk when kept trimmed to a height of seven feet above same, and 15 feet above all roadways. Trees so placed shall also be trimmed so as to remain below power lines if present.

(10) The obstruction shall be in compliance with the terms of the Americans with Disabilities Act. [Ord. 1211 § 2(A), 2022; Ord. 671 § 5.2.G, 1995.]

The following shall constitute minimum conditions to be applied to the permit:

(1) The applicant for a permit shall execute a hold-harmless guaranty to the town, agreeing to hold the town harmless from and defend the town against any causes of action for personal injury or property damage arising out of, or in any way connected with, the placement of the obstruction on the town street, sidewalk or planting strip.

(2) The applicant shall provide, and maintain in force, a certificate of insurance, or a bond of like amount, with the town named as an additional insured, insuring against property damage or personal injury, with limits of not less than $1,000,000 per incident, $300,000 per person, and $100,000 property damage, except for benches, refuse containers, bicycle racks, landscaping, fire hydrants, traffic control devices, flagpoles or standards, telephone, telegraph and light poles placed by the town or other uses or obstructions so exempted by the planning director.

(3) The property owner or applicant shall maintain the obstruction in compliance with the standards and conditions imposed upon the placement of the obstruction by the town. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the obstruction.

(4) For permanent structures placed in the right-of-way, including but not limited to fences higher than 30 inches, rockeries, walls, stairs and ramps, the applicant (property owner) for a permit shall execute an “Agreement to Remove Encroachment Within Public Right-of-Way.” Such agreement shall guarantee removal of the encroaching improvements upon public rights-of-way within 60 days’ written notice from the planning director and shall be recorded by the town with the county auditor as an encumbrance on the property adjoining the public right-of-way. Such work shall be done in accordance with the requirements deemed necessary by the planning director and at the cost of the property owner. If the obstruction is not removed, then the obstruction shall be declared a nuisance. [Ord. 671 § 5.2.H, 1995.]

(1) All permits approved under this code shall be temporary, shall vest no permanent right and shall be issued and may in any case be revoked upon 30 days’ notice, or without notice, in case any such use or occupation shall become dangerous or any structure or obstruction permitted, shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this code.

(2) If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the planning director, he/she may have the structure or obstruction removed, or such repairs upon the structure or obstruction made as may be necessary to render the same secure and safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and otherwise collected in the manner provided by law. [Ord. 671 § 5.2.I, 1995.]

(1) Enforcement Authority. The planning director, as the town council designee, shall enforce this code.

(2) General. All violations of this code are determined to be detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are determined by the planning director or the town council to be in violation of this code shall be subject to the provisions of the enforcement procedures in Chapter 15.135 LCMC, and any amendments thereto, or any other enforcement method authorized by law, and shall be corrected by any reasonable and lawful means as provided therein, except that:

(a) The choice of the enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of documented bad faith of the person subject to the enforcement action.

(b) A civil penalty shall be imposed for violations of any of the requirements outlined in this code in the amount of $250.00 per day for each day of violation to be directly assessed by the town council until such violation is corrected. Each and every day of such violation shall be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this chapter and subject to the penalty provided for herein. [Ord. 671 § 5.2.J, 1995.]

The decision of the planning director, either for a permit issued, issued with conditions, or denied or for termination of a permit may be appealed to the town council by submitting written notice of such appeal within 10 days of the decision. The town council shall consider the appeal at the next public meeting after the filing of the notice of appeal. The decision of the town council is final. [Ord. 671 § 5.2.K, 1995.]

Penalties imposed under this chapter shall become due and payable upon receipt unless an application for reconsideration is made or an appeal is filed. Whenever an application for reconsideration or appeal is made, penalties shall become due and payable 30 days after receipt of the decision regarding the reconsideration or appeal. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. The town may take actions necessary to recover such penalty under any provision of law. Any judicial award pursuant hereto shall include an award of the town’s reasonable attorney fees and costs. [Ord. 671 § 5.2.L, 1995.]

Penalties recovered shall be credited to the town street fund. [Ord. 671 § 5.2.M, 1995.]

(1) Pursuant to Chapter 35.91 RCW, the town of La Conner is authorized to contract with property owners for construction of storm drainage, sanitary, or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs, or appurtenances, hereinafter “water or sewer facilities,” which contract may provide for the partial reimbursement to the property owners of a portion of the cost of the water or sewer facilities.

(2) The legislature of the state of Washington enacted Chapter 35.91 RCW authorizing towns to enter into contracts with the owners of real estate for the construction or improvement of water and sewer facilities which the owner elects to install as a result of town ordinances that require the projects as a prerequisite to further property development, and the state law further provides that such contracts may require that the owners of property that is determined to be benefited by the street project in the event such owner develops such property within a period not to exceed 10 years of the date such contract is recorded with the Skagit County department of records. [Ord. 671 § 5.3.A, 1995.]

The purpose of this chapter is to:

(1) Provide requirements for the issuance of a certificate of authorization for building permits on properties abutting undeveloped streets or roads and/or in areas without sanitary sewers or storm drainage.

(2) Implement and thereby make available to the public, Chapters 35.72 and 35.91 RCW as the same now exists or may hereafter be amended.

(3) Prescribe rules and regulations for exercise of the authority to enter into storm drainage, water, sewer and street project reimbursement agreements granted to the town in Chapter 35.72 RCW and Chapter 35.91 RCW. [Ord. 671 § 5.3.B, 1995.]

(1) Whenever a permit is applied for under the provisions of the International Building Code for new construction, additions and remodels with a valuation of 50 percent or greater than the current assessed valuation of the existing structure, then the person applying for such building permit shall build and install certain street improvements to the adjacent right-of-way, sewer, water and storm water systems necessary to serve the property and in accordance with the town design standards and approval of the town public works director prior to the issuance of a building permit. All building permit applications within a 12-month period shall be considered cumulatively and subject to the aforementioned infrastructure improvements.

The following types of properties and improvements shall be subject to the provisions of this section:

(a) A multifamily dwelling of four or more units;

(b) A public assembly facility;

(c) A commercial facility;

(d) An industrial facility; or

(e) The creation or addition of 5,000 square feet, or greater, of new impervious surface area. On-site impervious surfaces and parking areas of 5,000 square feet or more must comply with the landscaping and screening provisions of LCMC 15.90.040, Screening requirements.

Permit applicant must also comply with provisions of Chapter 15.90 LCMC, Off-Street Parking and Loading, prior to permit issuance.

(2) The director of public works may waive or modify the required infrastructure and on-site improvements subject to the following criteria:

(a) When no adequate storm drainage trunk system exists in the vicinity of the site on which the building or structure is to be constructed in which to direct the flow of the required storm sewer collector system; and/or

(b) When requiring full width paving of streets abutting the area being developed would create a traffic hazard due to transitions to adjacent narrower paved surfaces; and/or

(c) Where a substantial likelihood exists that the improvements required, when placed at the time of the granting of the building permit, will have to be removed or substantially modified because of additional potential development in the area; and/or

(d) Where full development of the right-of-way and utilities is unlikely; and/or

(e) Where half-street improvements in lieu of full street improvements are appropriate.

The public works director may require a covenant authorizing the establishment of a local improvement district or a bond to construct that portion of the necessary improvements to meet town design standards situations cited in the criteria above.

(3) Development of Platted Roads and Streets. Street and road development must comply with the provisions of Chapter 15.86 LCMC.

(4) Development of Sewer and Drainage. The development and construction of sewer and drainage shall conform to all construction, design, and development standards contained in the La Conner sewer manual and specifications set by the director of public works. [Ord. 963 § 6, 2005; Ord. 867, 2002; Ord. 671 § 5.3.C, 1995.]

(1) Minimum Project Size. In order to be eligible for a reimbusement agreement the estimated cost of the proposed improvement must not be less than $1,000. The estimated cost of the improvement shall be determined by a consensus of both the director and the superintendent, based upon a construction contract for the project, bids, engineering or architectural estimates or other information deemed by the director and/or superintendent to be a reliable basis for estimating costs. The determination shall be final. [Ord. 671 § 5.3.D, 1995.]

(1) Application Contents. Application for the establishment of an assessment reimbursement area shall be made on a form provided by the town and shall be accompanied by an application fee set by the town council and shall include the following items:

(a) Preliminary construction plans and drawings of the entire street project to be borne by the assessment reimbursement area, prepared and stamped by a licensed engineer.

(b) Meet requirements set by the director and superintendent.

(c) Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, water and sewerlines and hookups, engineering, construction, property acquisition and contract administration by a licensed civil engineer or in the form of a bid submitted by a qualified contractor. (If more than one bid has been obtained, all bids must be submitted to the town.)

(d) A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.

(e) A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within the area.

(f) A complete list of recorded owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.

(g) Envelopes addressed to each of the recorded owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided.

(h) Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project.

(i) Other information as required by the director and/or superintendent.

(2) Construction plans shall be approved by the director and superintendent and/or a consulting engineer of their choice. [Ord. 671 § 5.3.E, 1995.]

Reimbursement agreements shall provide for reimbursement for a period not to exceed 10 years from the date of final acceptance of the improvement by the town. [Ord. 671 § 5.3.E, 1995.]

The public works director and/or superintendent of wastewater facilities are hereby authorized to accept applications for the establishment by contract of an assessment reimbursement area as provided by state law, provided such application substantially conforms to the requirements of this code. [Ord. 671 § 5.3.F, 1995.]

(1) The director and/or superintendent shall review all applications and shall approve, approve with conditions, or deny the application based on the following requirements:

(a) The project satisfies the minimum size requirement;

(b) The proposed improvements fall with the description of “water or sewer facilities” and “street projects.”

(2) The determination of the director and/or superintendent shall be in writing and mailed to the applicant at the address listed on the application.

(3) In the event of approval with conditions, or denial, the applicant may request that the town council review the final determination by filing a written request with the town clerk no later than 10 days after the date on the determination.

(4) In reviewing the final determination, the town council shall apply the criteria set forth in subsection (1) of this section, and shall uphold the decision of the director and/or superintendent unless evidence presented by the applicant clearly demonstrates that the criteria have been satisfied. [Ord. 671 § 5.3.G, 1995.]

(1) In the case of all applications which are approved, the director and/or superintendent shall define the reimbursement area based upon a determination of which parcels did not contribute to the original cost of the street, storm drainage, water or sewer facility for which the reimbursement agreement applies and which may subsequently tap into or use the same, including not only those which may connect directly thereto; but, also those who may connect to laterals or branches connecting thereto. An estimated amount of the reimbursement fee shall be established so that each property will pay a share of the costs of the improvements which is proportional to the benefits which accrue to the property.

(2) If the applicant disposes of the properties for which he/she has entered into the reimbursement agreement before a certificate of authorization has been issued for a building permit, those properties shall be excluded from any part of the reimbursement agreement. [Ord. 671 § 5.3.H, 1995.]

The public works director and superintendent shall use a method of assessment which is based on the benefit to the property owner from the project. The methods of assessment authorized in Chapter 35.44 RCW for local improvement districts may be used. [Ord. 671 § 5.3.I, 1995.]

Prior to the execution of any contract with the town establishing an assessment reimbursement area, the director and superintendent or designee shall mail, via registered mail, a notice to all recorded property owners within the assessment reimbursement area as determined by the town on the basis of information and materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along with substantially the following statement:

As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay under certain circumstances a pro rated share of construction and contract administration costs of a certain street project that has been preliminarily determined to benefit your property. The proposed amount of such pro rata share or assessment is also enclosed with this notice. You, or your heirs and assigns, will have to pay such share, if any development permits are issued for development on your property within 10 years of the date of a contract establishing such area being recorded with Skagit County, provided such development would have required similar street improvements for approval. You have a right to request a hearing before the town council within 20 days of the date of this notice.

All such requests must be made in writing and filed with the town clerk. After such contract is recorded, it shall be binding on all owners of record within the assessment area who are not a party to the contract.

[Ord. 671 § 5.3.J, 1995.]

(1) Upon approval of the application, determination of the estimated costs of construction, the reimbursement area, and estimated fees by the director and superintendent, the applicant shall sign a reimbursement agreement in the form provided by the town. The signed agreement, the application and supporting documents, together with the director’s and superintendent’s estimates of cost of construction, and determination of reimbursement area and estimated fees shall be presented to the town council with a request that the town council authorize the mayor to sign the reimbursement agreement on behalf of the town.

(2) If an owner of property within the proposed assessment reimbursement area requests a hearing, notice of such shall be given to all affected property owners in addition to the regular notice requirements specified by this code, the cost of which shall be borne by the applicant. At any such hearing, the town council shall authorize the execution of appropriate documents. The town council’s ruling on these matters is determinative and final. If no hearing is requested, the council may consider and take final action on these matters at any public meeting 20 days after notice was mailed to the affected property owners. [Ord. 671 § 5.3.K, 1995.]

(1) In order to be come effective, a reimbursement agreement must be recorded within 30 days with the office of the Skagit County auditor. It shall be the sole responsibility of the beneficiary of the reimbursement agreement to verify the agreement has been recorded.

(2) If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement. [Ord. 671 § 5.3.L, 1995.]

In the event that costs incurred by the town for engineering or other professional consultant services required in processing the application exceed the amount of the application fee, the director and/or superintendent shall so advise the town council and council approval shall be conditioned upon receipt of payment by the applicant of an additional amount sufficient to compensate the town for its costs in excess of the application fee. The applicant for the street and/or utility reimbursement agreement shall reimburse the town for the full administrative and professional cost of reviewing and processing such application and preparing the agreement. At the time of application, a fee shall be deposited with the town. If actual costs are less than the fee, the difference will be refunded. If actual costs are greater than the fee, the applicant will reimburse the town for the difference before the contract may be recorded. [Ord. 671 § 5.3.M, 1995.]

(1) After the reimbursement agreement has been signed by both parties, and all necessary permits and approvals have been obtained, the applicant shall construct the improvements, and upon completion, request final inspection and acceptance of the improvements by the town, subject to any required obligation to repair defects. An appropriate bill of sale, deed of property, dedication, easement and/or any other document needed by the town to convey the improvements to the town and to ensure right of access for maintenance and replacement shall be provided, along with documentation of the actual cost of the improvement and a certification by the applicant that all of such costs have been paid.

(2) In the event that actual costs are less than the director’s and superintendent’s estimate used in calculating the estimated fees by 10 percent or more, the director and superintendent shall recalculate the fees, reducing them accordingly, and shall cause a revised list of fees to be recorded with the county auditor. [Ord. 671 § 5.3.N, 1995.]

(1) Subsequent to the recording of a reimbursement agreement, the town shall not approve a certificate of authorization for a building permit within the reimbursement area, except those listed in LCMC 15.85.030 with prior approval by the director, unless the share of the costs of such facilities required by the recorded agreement is first paid to the town.

(2) Upon receipt of any reimbursement fees, the town shall deduct a six percent administrative fee and remit the balance of the reimbursement fees to the party entitled to the fees pursuant to the agreement. In the event that, through error, the town fails to collect a required reimbursement fee prior to approval of connection to a sewer, water or storm drainage facility, the town shall make diligent efforts to collect such fee; but shall under no circumstances be obligated to make payment to the party entitled to reimbursement, or in any other way be liable to such party, unless such reimbursement fee has actually been paid to the town. [Ord. 671 § 5.3.O, 1995.]

In the event that, after reasonable effort, the party to which reimbursement fees are to be paid pursuant to a reimbursement agreement cannot be located, and upon the expiration of 180 days from the date the fees were collected by the town, the fees shall become the property of the town and shall be revenue to the town sewer, storm drainage, water and/or street project funds. [Ord. 671 § 5.3.P, 1995.]

It is the purpose of this chapter to establish design standards and development requirements for street improvements to ensure reasonable and safe access to developed properties. These improvements include sidewalks, curbs, gutters, street paving, monumentation, signage and lighting. [Ord. 867, 2002.]

The director of public works and/or his/her designated representatives are responsible for the general administration, enforcement and coordination of this chapter. [Ord. 867, 2002.]

(1) This chapter applies to all permit applications submitted under the provisions of the International Building Code for:

(a) New construction;

(b) Additions and remodels with a valuation of 50 percent or greater of the current assessed valuation of the existing structure;

(c) Short plat and full subdivision located on a property adjacent to public rights-of-way;

(d) The creation or addition of 5,000 square feet, or greater, of new impervious surface area. On-site impervious surfaces and parking areas of 5,000 square feet or more must comply with the landscaping and screening provisions of LCMC 15.90.040, Screening requirements.

The applicant for such permits shall build and install certain street improvements on adjacent and abutting rights-of-way, and all private street improvements on access easements, including, but not limited to, asphalt and/or cement concrete paving, adequate subgrade, curb and gutter, sidewalks, street signage and striping, storm drainage, and lighting. Adjacent and abutting rights-of-way may include that area as determined by projecting the lot(s) boundary(s), as determined by the town. All building permit applications within a 12-month period shall be considered cumulatively and subject to the aforementioned infrastructure improvements.

(2) The minimum design standards for streets are listed in the following tables. These standards will be used as guidelines for determining specific street improvement requirements for development projects, including short plats and subdivisions. [Ord. 963 § 6, 2005; Ord. 867, 2002.]

The following exemptions shall be made to the requirements listed in this chapter:

(1) Interior remodels of any value not involving a building addition or building rehabilitation.

(2) The construction of a 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 the criteria, then the street must be improved to meet minimum fire department standards. [Ord. 867, 2002.]

(1) Dedication Required for Development. Where the existing width for any right-of-way adjacent to the development site is less than the minimum standards listed in Tables 2 and 3 of LCMC 15.86.080, additional right-of-way dedication will be required for the proposed development.

(2) Amount of Dedication. The right-of-way dedication required shall be half of the difference between the existing width and the minimum required width as listed in LCMC 15.86.080. 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 LCMC 15.86.080 shall be required.

(3) Waiver of Dedication. The public works director may waive the requirement for additional right-of-way dedication pursuant to the waiver procedures specified in LCMC 15.86.260(1), where it is determined by the public works director that construction of full street improvements are waived and not anticipated in the future. [Ord. 867, 2002.]

(1) Level of Improvements. The minimum level of street improvements required depends upon the project size as listed in the following tables. The project sizes listed shall be for square footage of new building and/or addition to existing buildings, number of units for apartments, or total number of final lots in the proposed plat or short plat.

(2) Minimum Standards. All such improvements shall be constructed to the town’s standards. Standards for construction shall be as specified in the following tables, and by the public works director or his/her duly authorized representative. Where standards are not specifically provided, AASHTO standards will apply.

(3) Application of Tables. The following tables establish the standards to be met for improvements subject to this chapter:

(4) Length of Improvements. Such improvements shall extend the full distance of such property to be improved upon and sought to be occupied as a building site or parking area for the aforesaid building for platting purposes and which may adjoin property dedicated as a public street.

(5) Special Design Standards for Arterial Streets. Arterial street rights-of-way shall be 60 feet to 150 feet in width as may be required by the public works director or his/her designee. The design standards for arterial streets will be established on a case-by-case basis by the public works director or his/her designee in accordance with the major arterials and streets plan.

(6) Grades. Grades on arterial streets shall not exceed 10 percent, and the grade on any public street shall not exceed 15 percent, except for within approved hillside subdivisions.

(7) Pavement Thickness. New pavement shall be a minimum of four inches of asphalt over six inches 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 procedures. 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.

(a) Alternate Provisions for Material Construction and Design. Alternate design procedures or materials may be used if approved by the public works director.

(8) Sidewalk Width Minimum and Measurement. New sidewalks must provide a minimum of four feet of horizontal clearance from all vertical obstructions. Sidewalk widths listed in the tables include curb width for those sidewalks constructed adjacent to the curb.

(9) Curves.

(a) Horizontal Curves. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced, subject to review and approval of the public works director.

(b) Vertical Curves. All changes in grade shall be connected by vertical curves of a minimum length of 200 feet unless specified otherwise by the public works director.

(c) Tangents for Reverse Curves. A tangent of at least 200 feet in length shall be provided between reverse curves for arterials, 150 feet for collectors, and 100 feet for residential access streets. [Ord. 931 § 2, 2004; Ord. 867, 2002.]

(1) When Permitted. 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.

(2) Cul-de-Sacs and Turnarounds – Minimum Requirements. Minimum standards for dead end streets, when approved by the department, are as follows:

(3) Turnaround Design. The hammerhead turnaround shall have a design approved by the public works director and the La Conner fire chief.

(4) Cul-de-Sac Design. Cul-de-sacs shall have a minimum paved radius of 45 feet with a right-of-way radius of 55 feet for the turnaround. The cul-de-sac turnaround shall have a design approved by the public works director and the La Conner fire chief.

(5) Secondary Access. Secondary access for emergency equipment is required when a development of three or more buildings is located more than 200 feet from a public street.

(6) Waiver of Turnaround. The requirement for a turnaround or cul-de-sac may be waived by the public works director with approval of the La Conner fire chief when the development proposal will not create an increased need for emergency operations pursuant to LCMC 15.86.260(1), Waivers. [Ord. 1211 § 2(A), 2022; Ord. 867, 2002.]

(1) Access Purpose. 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.

[Ord. 867, 2002.]

(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.

(2) Uniformity Ratios. Uniformity ratios for the street lighting shall meet or exceed four to one for light levels of 0.6 foot-candles or more and six to one for light levels less that 0.6 foot-candles.

(3) Guidelines. Street lighting systems shall be designed and constructed in accordance with the publication, “Guidelines and Standards for Street Lighting Design of Residential and Arterial Streets.” [Ord. 867, 2002.]

(1) When Permitted. Private streets are allowed for access to six or less residential lots, with no more than four 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 public works department to be necessary for existing or future traffic and/or pedestrian circulation through the subdivision or to serve adjacent property.

(2) Minimum Standards. Such private streets shall consist of a minimum of a 26-foot easement with a 20-foot pavement width. The private street shall provide a turnaround meeting the minimum requirements of this chapter. No sidewalks are required for private streets; however, drainage improvements per La Conner Municipal Code are required, as well as an approved pavement thickness (minimum of four inches asphalt over six inches crushed rock). The maximum grade for the private street shall not exceed 15 percent, except for within approved hillside subdivisions.

(3) Signage Required. 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” yellow with black lettering.

(4) Easement Required. An easement will be required to create the private street.

(5) Timing of Improvements. The private street must be installed prior to recording of the plat unless deferred. [Ord. 867, 2002.]

(1) When Permitted. A shared private driveway may be permitted for access to two lots. The private access easement shall be a minimum of 20 feet in width, with a minimum of 12-foot paved driveway. [Ord. 867, 2002.]

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 approved by the responsible departments, unless those improvements remaining unconstructed have been deferred by the public works director and security for such unconstructed improvements has been satisfactorily posted. [Ord. 867, 2002.]

The construction permit plans for street improvements shall be prepared and surveyed in conformance with standard detail documents as cited in the Developer Project Manual Sewer Extensions, Section D. [Ord. 867, 2002.]

(1) Submittal. All street improvement plans prepared shall be submitted for review and approval to the department of public works. All plans and specifications for such improvements are to be submitted at the time application for a building permit is made.

(2) Fees and Submittal Requirements. All permits required for the construction of these improvements shall be applied for and obtained in the same manner and conditions as specified in LCMC 11.10.030, 11.30.050, 12.05.1320, 12.30.070 and 15.65.100 relating to excavating or disturbing streets, alleys, pavement or improvements. Fees shall be as stipulated in LCMC 3.60.080. 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.

(3) Cost Estimate Required. The applicant will be required to submit a cost estimate for the improvements. This will be checked by the department for accuracy. [Ord. 867, 2002.]

(1) Authority and Fees. The department shall be responsible for the supervision, inspection and acceptance of all street improvements listed in this section, and shall make a charge therefor to the applicant. [Ord. 867, 2002.]

(1) Acceptable Security. Prior to commencing construction, the person or entity 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 public works director to be sufficient to reimburse the town if it should become necessary for the town to complete the improvements.

(2) Instructions to Escrow. 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 future notice to the applicant or his/her consent to disburse the necessary funds unto the town of La Conner for the purpose of correcting and/or eliminating such conditions.

(3) Subsequent Conversion to Maintenance Bond. 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 as a one-year maintenance bond. [Ord. 867, 2002.]

Contractors engaged in development activities on private or public properties are liable for the repair or replacement of the town’s infrastructure if damage to the town’s infrastructure resulted from their activities. [Ord. 986 § 3, 2007.]

(1) Latecomer’s Agreements Authorized. Any party extending utilities that may serve other than that party’s property may request a latecomer’s agreement from the town. 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’s agreement to reimburse the developer for all initial costs of the improvements.

(2) Process for Latecomer’s Agreements. Any latecomer’s agreement shall be established in accordance with provisions set forth in LCMC 15.85.050. [Ord. 867, 2002.]

(1) Waivers. The public works director may grant, in writing, waivers from the regulations and requirements of this chapter providing that the following conditions are present:

(a) The waiver requested arises from peculiar physical conditions not ordinarily existing elsewhere in the town or is due to the nature of the business or operation being presently conducted upon the applicant’s property;

(b) The waiver does not permit a condition otherwise prohibited by code;

(c) The waiver requested is not against the public interest, particularly safety, convenience and general welfare;

(d) The granting of the waiver will not adversely affect the rights of adjacent property owners or tenants;

(e) The terms of this chapter will cause unnecessary hardship on the applicant, property owner or tenant.

The decisions with regard to waivers may be appealed to the hearing examiner pursuant to LCMC 15.12.130.

(2) Variance Procedures.

(a) Authority and Applicability. The hearing examiner shall have the authority to grant variances from the provisions of this chapter where the proposed development requires any required permits set forth in this title.

(b) Filing of Application. A property owner, or duly authorized agent, may file an application for a variance which application shall set forth fully the grounds therefor and the facts deemed to justify the granting of such variance.

(c) Submittal Requirements. Submittal requirements for variances are set forth in LCMC 15.125.040.

(3) Half-Street Improvements.

(a) When Permitted. Half-street improvements may be allowed for residential, commercial and industrial access streets by the public works director 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.

(b) Minimum Design Standards. The right-of-way for the half-street improvement must be a minimum of 35 feet with 28 feet paved. A curb and a six-foot 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 town for street lighting and fire hydrants. Additional easements shall be provided for the franchise utilities outside of the dedicated right-of-way.

(c) Standards for Completion of the Street. When the adjacent parcel is platted or developed, an additional 15 feet of right-of-way shall be dedicated from the developing property. The pavement shall then be widened to 32 feet in total width, and a curb and six-foot 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.

(4) Reduced Right-of-Way Dedication.

(a) When Permitted. 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 42 feet 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 100 feet in depth.

(b) Additional Easements. 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 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. [Ord. 867, 2002.]

(1) Applicability. If a developer wishes to defer certain improvements required in this chapter until after certificate of occupancy for any structure, or in the case of plats or subdivisions, final approval, a written application shall be made to the public works director stating the reasons why such a delay is necessary.

(2) Decision Criteria. (Reserved).

(3) Security Required. If the deferral is approved by the public works director for good cause shown by the applicant, the applicant shall furnish security to the town in the amount equal to 150 percent of the estimated cost of the installation and required improvements. The decision by the public works director as to the amount of such security shall be conclusive.

(4) Plans for Improvements. Should the public works director grant the deferral of part or all of the necessary improvements, the full and complete engineering drawings of the improvements shall be submitted as a condition precedent to the granting of any deferral.

(5) Waiver of Requirement for Plans. The public works director may waive the requirement for short plat improvement deferrals.

(6) Expiration. The security shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the public works director, and if no time is specified then not later than one year. For plats, if no time is established, then no later than one year from the date of approval of the final plat by the town council, or one year after the recording of a short subdivision. The security shall be held by the finance director.

(7) Extension of Time Limit. The public works director shall annually review deferred improvements and the securities. If the public works director determines that any improvements need not be installed immediately, the director may extend the deferral for an additional period up to an additional year. Any improvement deferred for five years shall be required to be installed or shall be waived by the public works director pursuant to LCMC 15.86.260(1), Alternate Requirements – Waivers, unless the public works director determines that the improvements will be needed within the following five years. Should the improvement installation begin before the expiration of the extension time limit, and the work is diligently pursued, the director may extend the deferral equivalent to the time necessary to complete the construction of the improvements, but subject to the continuation of the security.

(8) Acceptable Security. Security acceptable under this section may be cash, letter of credit; provided, that the funds cannot be withdrawn, spent, or committed to any third party, or savings account assigned to the town and blocked as to withdrawal by the secured party without town approval. Only if these security devices are unavailable to the applicant, or the applicant can show hardship, will the town accept a performance bond. Any security device must be payable to the town upon demand by the town and not conditioned upon the 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 security that, according to the terms, lapses upon a 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 town must be approved by the town’s attorney, whose decision as to the acceptability of the security shall be conclusive.

(9) Special Security Option for Deferral of Street Improvements. A restrictive covenant running with the land, signed and properly recorded after review by the town’s attorney, 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 following five years.

(b) There will be no detrimental effects on 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 period of five years increasing the likelihood that the improvements will be needed.

(d) A covenant approved by the public works director shall contain language that stipulates the property owner will immediately install the deferred improvements at his/her expense upon a determination by the public works director that the improvements have become necessary.

(10) Special Security Option for Short Plats. A restrictive covenant running with the land, signed and properly recorded after the town attorney’s review, may be accepted as security if the covenant guarantees that the property will join in any future limited improvement district established to install the required improvements in addition to the following conditions:

(a) The restrictive covenant for deferrals occurs only for a single-family development no larger than a short plat.

(b) There are no similar improvements in the vicinity and there is no likelihood that the improvements will be needed or required in the following five years.

(c) There will be no detrimental effects on public health, safety or welfare if the improvements are not installed.

(d) There is no likelihood that the zoning or land use on or adjacent to the site will change to a higher classification within a period of five years increasing the likelihood that the improvements will be needed.

(e) A covenant approved by the public works director shall contain language that stipulates the property owner will immediately install the deferred improvements at his/her expense upon a determination by the public works director that the improvements have become necessary.

(11) Security Requirement Binding. The requirement of the posting of any security shall be binding on the applicant and the applicant’s heirs, successors and assigns.

(12) Notification of Administrator. The public works director shall notify the town administrator in writing of the following:

(a) The improvements deferred;

(b) The amount of security or check deposited;

(c) The time limit of the security or check;

(d) The name of the bonding company and any pertinent information.

(13) Transfer of Responsibility. Whenever security has been accepted by the public works director, 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 security, and has provided security.

(14) Public Works Director Approval Required Prior to Transfer of Responsibility. The town shall not be required to permit a substitution of one party for another on any security, if the public works director, after review, determines that the new owner does not provide sufficient security to the town that the improvements will be installed when required.

(15) Proceeding Against Security. The town reserves the right, in addition to all other remedies available by law, to proceed against such security or other payment in lieu of. In case of any suit or action to enforce any provisions of this code, the developer shall pay the town all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the town requiring payment of such attorney’s fees. [Ord. 867, 2002.]

Any decisions made in the administrative process described in this section may be appealed to the hearing examiner pursuant to LCMC 15.12.130. [Ord. 867, 2002.]

Violations of the provisions of this chapter will be a civil infraction and punishable under LCMC 15.135.330, 15.135.340 and 15.135.350, civil penalties. [Ord. 867, 2002.]

(1) Reservation and designation of an area for off-street parking facilities shall be required for all land uses in accordance with the standards and requirements of this chapter.

(2) Lighting of areas provided for off-street parking shall be so arranged that it shall not constitute a nuisance or hazard to passing traffic or residential areas.

(3) All off-street parking spaces shall be accessible to a public or private street, but the spaces may not project into public street or right-of-way. Up to 50 percent of the required parking spaces may be compact size with dimensions 8-1/2 feet wide by 16 feet long. See off-street parking design standards/diagram at the end of this section.

(4) Any business in the industrial zone and all new construction and gas stations in the commercial zone having access to a public thoroughfare shall provide an off-street loading/unloading space.

(5) Parking facilities for residential dwellings of any type shall be located on the same property when located in a residential zone. Residential dwellings located in a commercial zone may take advantage of the exceptions set forth in LCMC 15.90.030(3).

(6) Recreational vehicles, travel trailers, boats, or commercial vehicles shall not be parked on a public right-of-way longer than 72 hours and shall be subject to the following:

(a) Boats stored on land shall not be used for dwelling purposes.

(b) Recreation vehicles shall be used only for supplemental dwelling purposes. Dwelling use shall be limited to 30 days per year except as listed in subsection (6)(c) of this section.

(c) Recreational vehicles may be used as a dwelling, if a permanent dwelling is under construction on the lot, provided:

(i) A building permit for construction of a permanent dwelling has been issued.

(ii) Electrical connections have been inspected and approved by the State Electrical Inspector.

(iii) Use as a dwelling is discontinued when construction is completed, or within one year of issuance of the original building permit, whichever comes first.

(7) Two or more buildings and/or uses may collectively provide the required off-street parking; provided, that the number of spaces provided is no less than the sum of the required spaces for the several individual uses computed separately. Collective parking is subject to the provisions of LCMC 15.90.030(3)(c), wherein 50 percent of the required parking must be provided on-site. Collective parking may only be used when the buildings and/or uses are located immediately adjacent to each other. Legally binding documents between users shall be filed with and approved by the town.

(8) Screening shall be provided when a commercial, industrial or public parking property abuts a residential area.

(9) A minimum of one barrier-free parking space shall be provided on-site for new construction in all zones except residential in accordance with the requirements of the International Building Code (IBC) for Barrier-Free Facilities. Existing buildings in industrial and public use zones shall also provide barrier-free parking spaces as required by the IBC.

Off-Street Parking Design Standards

On-Site Driveway Standards 

Notes:

1. Garage, carport and uncovered spaces with a wall on one or more sides shall be 10 feet by 18.5 feet. Unencumbered spaces may otherwise be 9 feet by 18.5 feet. Compact spaces shall be 8.5 feet by 16 feet.

[Ord. 1211 § 2(A), 2022; Ord. 963 § 6, 2005; Ord. 808 § 1, 2001; Ord. 685 § 2, 1996; Ord. 671 § 5.4.A, 1995.]

(1) All parking lots shall be improved with a minimum of two inches of gravel to eliminate problems of grading and drainage. All parking lots and driveways shall be impervious surface for purposes of computing maximum lot coverage.

(2) A parking lot shall be developed and completed as required in this code before an occupancy permit for the building is issued.

(3) Any ingress and egress agreements necessary for the functional use of a parking lot and/or loading area shall be executed by the respective property owners and recorded in the Skagit County auditor’s office. [Ord. 808 § 1, 2001; Ord. 671 § 5.4.B, 1995.]

Minimum off-street parking requirements shall be determined in accordance with the following standards:

(1) Residential.

(a) Single-family, manufactured houses, duplexes – Two per unit.

(b) Multifamily dwellings, apartments, condominiums – Two per unit.

(c) Bed and breakfast conditional use – One per room rental.

(d) Studio or one-bedroom multifamily dwellings, apartments, condominiums or accessory dwelling units – One per unit.

(2) Institutional.

(a) Hospitals, rest homes – One per three beds and one per staff.

(b) Senior housing and retirement homes – One per living unit and five per staff for each 60 living units or portion thereof.

(c) Elementary and middle schools – Two per classroom.

(d) High schools – Six per classroom.

(e) Auditoriums in conjunction with a school – One additional space per 100 square feet of floor area of the main auditorium, or portion thereof; or one additional space for each nine seats, or 18 feet of bench length, or portion thereof, whichever is greater.

(f) Day care/nurseries – one per full-time employee and one per load/unload area.

(3) Commercial.

(a) Any new construction or change in use shall comply with the off-street parking requirements set forth in this chapter, except that the property owner may pay a fee into the parking improvement fund in lieu of furnishing the required parking spaces that the owner does not or cannot provide on site with the exception of hotels, motels, boarding houses, and bed and breakfasts, which must provide on-site facilities. The in-lieu-of fee may be used for up to 50 percent of the on-site parking requirements, pursuant to subsections (3)(d) and (3)(f) of this section.

(b) Deleted by Ord. 842.

(c) Adequate parking shall be provided as follows:

(i) Banks, offices and professional services: one per 400 square feet of floor area or portion thereof.

(ii) Retail and specialty shops, food and convenience stores: one per 400 square feet of usable retail floor area.

(iii) Storage and processing areas in conjunction with a commercial use: one per 1,000 square feet.

(iv) Hotels, motels, boarding houses, bed and breakfasts: one per each paid unit plus one per on-site manager.

(v) Eating and drinking establishments: one per 200 square feet of net floor area, or portion thereof.

(vi) All new construction in commercial zones shall provide a minimum of one barrier-free parking space on-site, and provide a loading area for passengers and/or freight.

(vii) Each residential unit in commercial zones shall provide one space for the first 1,200 square feet of the unit, and one additional space is required if the unit is larger than 1,200 square feet.

(viii) Fractional space requirements shall be rounded to the nearest whole space.

(ix) Requirements for uses not specifically listed herein shall be determined by the planning director based upon the requirements for comparable uses and upon the particular characteristics of the use. The planning director shall use this section as a guide when appropriate.

(x) In-lieu parking fees will not be made available to areas that are zoned residential.

(d) The parking requirements for a business use in a commercial zone shall be satisfied by providing the necessary parking on site. Up to 50 percent of the required parking may be provided off site or by the payment of an in-lieu parking fee. For interpretive purposes, existing business shall be credited parking for existing conditions. The 50 percent rule shall apply to the combination of the new parking requirement plus existing parking credit. For properties located on the west side of South First Street and located south of the intersection of Washington Street, 100 percent of required parking shall be provided by payment of an in-lieu parking fee, as set forth in this section. No on-site parking shall be permitted on these properties.

(e) For existing structures which do not meet the above parking requirements, an annual fee shall be paid for each space required, but not provided, as may be established by town council in the fee ordinance. This sum shall be paid to the clerk-treasurer on or before January 10th of each year, in conjunction with business license fees, no proration. These moneys shall be deposited and utilized in the town parking improvement fund.

(f) If a reduction in barrier free parking requirements of this code is proposed by an applicant, the applicant must demonstrate that the proposed reduction assures continued compliance with state and federal requirements related to barrier free parking.

(g) The in-lieu parking fee shall be as the town council shall set by ordinance or resolution. Deferral of payments may be made by agreement of the town council for public uses.

(h) The in-lieu parking fee shall be based on the following conditions:

(i) The fee shall be based on all anticipated costs as established in subsection (3)(h)(ii) of this section, and as recorded in the fee schedule. This amount may be amended from time to time. The amount of the fee shall be established annually by the town council with the advice of the town’s public works director and planning director based on the current prices for purchase of land and construction of off-street parking spaces or rental fee for each required space.

(ii) The fees collected by the town shall be used for planning, acquisition, design, development, construction, financing, maintenance and operation, and enhancement of off-street parking facilities, and/or other programs intended to provide an appropriate supply and/or lessen the demand for parking spaces to serve the downtown business area.

(iii) The fee shall be paid before a building permit is issued.

(iv) In-lieu parking fees will not be made available to areas that are zoned or used for residential purposes.

(i) This regulation shall not be construed so as to preclude the imposition of a parking impact fee in the future, should the town council decide to do so. This fee should be based on the acquisition cost of additional parking facilities that would be needed to offset the impact of the new development.

(j) Parking Fund. There is hereby created a special fund to be known as the parking improvement fund. All payments made to the town in lieu of parking requirements on site shall be deposited into such fund, upon receipt. The fund shall be used exclusively for planning, acquisition, design, development, construction, financing, maintenance and operation, and enhancement of off-street parking facilities, and/or other programs intended to provide an appropriate supply and/or lessen the demand for parking spaces to serve the downtown business area. These goals should be consistent with the project priorities set forth in the parking development plan as adopted by the town council.

(k) Parking Exemption. In the event the town develops a street-end park or similar pedestrian-oriented area in an existing public right-of-way that prevents adequate access to or reduce turn-around space for off-street parking required of an adjacent property owner by code, such adjacent property owner may request a reduction of their off-street parking requirement by the number of off-street parking places for which access or safe turn-around space has been prevented.

Any approved development of property previously used for off-street parking but eliminated by town development will not be subject to the off-street parking or fee in-lieu-of requirements.

This exemption does not apply to any property owner whose existing property does not or has not met off-street parking requirements.

(4) Amusement and Public Assembly.

(a) Churches and funeral homes – One per each 100 square feet, or portion thereof, of assembly area;

(b) Dance halls, places of assembly, skating rinks, and other commercial recreation places – One per each 100 square feet, or portion thereof, of assembly area;

(c) Athletic and health clubs – One per 200 square feet, or portion thereof, of exercise area;

(d) Stadiums, sports arenas, auditoriums, and places of assembly with fixed seating – One per three seats;

(e) Outdoor sports or parks without fixed seats are exempt;

(f) Exhibition halls, museums or libraries – One per 250 square feet or portion thereof.

(5) Industrial, Manufacturing and Processing.

(a) One for each employee on largest shift or one per each 600 square feet up to 25,000 square feet of gross area and one for each 1,000 square feet over 25,000 square feet of gross area, whichever is greater;

(b) Offices – one per 300 square feet gross floor area or portion thereof.

(6) Wholesale Stores, Warehouses, and Storage Buildings.

(a) Zero to 24,999 square feet – One per 2,000 square feet;

(b) 25,000 square feet and over – One per 5,000 square feet.

(7) Boat moorage, slip, or storage (public, private or pleasure) – One-half space per slip, excluding transient moorage.

(8) Requirements for uses not specifically listed herein shall be determined by the planning director based upon the requirements for comparable uses and upon the particular characteristics of the use. The planning director shall use this section as a guide when appropriate. [Ord. 1211 § 2(A), 2022; Ord. 1126 § 3, 2015; Ord. 1122 § 2, 2014; Ord. 918 § 1, 2004; Ord. 884 § 2, 2003; Ord. 852, 2002; Ord. 842 §§ 15, 17, 18, 19, 2002; Ord. 808 § 1, 2001; Ord. 791, 2000; Ord. 697 § 1, 1997; Ord. 671 § 5.4.C, 1995.]

The size of the planting area shall be as specified below, based on the type of screening used:

(1) Minimum Width. Screening shall be 10 feet wide unless the use of a fence or wall is incorporated into the screening, as provided under subsections (2) or (3) of this section.

(2) Fence Alternative. If a fence option is selected, the height shall be at least five feet and the width of the screening area may be reduced to two feet. The fence shall be constructed of wood and be sight-obscuring.

(3) Wall Alternative. If a wall at least five feet high is to be used for screening, the width of the screening area may be reduced to two feet. Climbing plants and vines shall be used to add texture and soften the appearance of the wall. Screen walls shall be constructed with masonry, blocks, or textured concrete, subject to design approval by the planner or planning commission. [Ord. 808 § 1, 2001; Ord. 671 § 5.4.D, 1995.]

The following basic utilities are required for all development subject to the criteria listed herein as well as the goals and policies outlined in the comprehensive plan:

(1) Electricity;

(2) Telephone;

(3) Potable water;

(4) Sanitary sewer;

(5) Natural gas/oil;

(6) Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments shall provide illumination meeting local and state standards;

(7) Fire hydrants. [Ord. 671 § 5.5.A, 1995.]

All utilities required by this code shall meet or exceed the minimum standards set by local and state agencies. [Ord. 671 § 5.5.B, 1995.]

(1) All utilities shall be installed underground, within easements or dedicated public rights-of-way, in accordance with local and state requirements.

(2) Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable television distribution supply lines and service connections have previously been installed may be supplied with such services from the utilities’ overhead facilities provided the service connection to the site or lot are placed underground.

(3) Screening of any utility apparatus placed above ground shall be required. [Ord. 1211 § 2(A), 2022; Ord. 671 § 5.5.C, 1995.]

When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate such facilities. [Ord. 671 § 5.5.D, 1995.]

(1) The town of La Conner intends to comply with the requirements of RCW 90.70.070 in establishing and implementing a storm water management program consistent with the Puget Sound Water Quality Management Plan. Further, the town finds that the provisions of the 1992 Storm Water Management Manual for the Puget Sound Basin (The Technical Manual), and subsequent amendments thereto, would best serve as a guideline for implementing this code.

(2) The provisions of this code are intended to guide new development or redevelopment within the town of La Conner and establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the town. It is the purpose of this code to:

(a) Minimize water quality degradation and sedimentation in the Swinomish Channel and other water bodies within the town of La Conner and surrounding areas.

(b) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices.

(c) Decrease potential landslide, flood and erosion damage to public and private property.

(d) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions.

(e) Maintain and protect the town storm water management infrastructure.

(f) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety.

(g) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies. [Ord. 671 § 5.6.A, 1995.]

The town of the La Conner hereby finds that:

(1) Storm water pollution is a problem associated with land use and development and the common occurrence of potential pollutants, including, but not limited to pesticides, fertilizers, petroleum products, and pet wastes.

(2) Land use and development is also known to increase runoff volume and peak flows. The resulting erosion, scouring, and deposition of sediment could affect the ecological balance of nearby water bodies.

(3) Storm water pollution can cause or contribute to loss of aquatic resources and restrictions on public use of the Swinomish Channel and sloughs adjacent to the town of La Conner.

(4) An expanding population and increased development of land can lead to:

(a) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including insect and weed control compounds; and

(b) Drainage and storm and surface water runoff problems within the town of La Conner.

(5) Lack of a storm water management system could lead to water quality degradation, erosion, property damage; and possibly endanger the health and safety of the inhabitants of the town of La Conner.

(6) In the future such potential problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for storm water quality and quantity controls.

(7) Storm water quality and quantity controls can be achieved when land is developed or redeveloped by implementing and maintaining appropriate best management practices (BMPs).

(8) The adoption of this code will provide a means for implementation of the town’s storm water comprehensive plan. [Ord. 671 § 5.6.B, 1995.]

The town of La Conner finds that this code is necessary in order to:

(1) Minimize or eliminate water quality degradation.

(2) Prevent erosion and sedimentation in the Swinomish Channel.

(3) Avoid adverse impacts on the natural, aesthetic, and recreational resources of the Swinomish Channel.

(4) Ensure the safety of town of La Conner streets and rights-of-way.

(5) Decrease storm water-related damage to public and private property from existing and future runoff.

(6) Protect the health, safety and welfare of the town’s inhabitants. [Ord. 671 § 5.6.C, 1995.]

(1) Abrogation and Greater Restrictions. It is not intended that this code repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this code imposes greater restrictions, the provisions of this code shall prevail.

(2) Interpretation. The provisions of this code shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this code. [Ord. 671 § 5.6.D, 1995.]

(1) When any provision of any other ordinance of the town of La Conner conflicts with this code, that which provides more environmental protection shall apply unless specifically provided otherwise in this code.

(2) The town council is authorized to adopt written procedures for the purpose of carrying out the provisions of this code.

(3) Meeting the requirements of this code shall be a condition of the town of La Conner granting any approval or permission to conduct a regulated activity including, but not limited to, the following: building permit, commercial or residential; conditional use permit; fill, grading and clearing permit; master plan development; planned unit development; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; variance; zone reclassification; short plat, special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this code.

(4) A storm water control plan must be submitted and approved before any activity regulated by this code is conducted within the town of La Conner. [Ord. 671 § 5.6.E, 1995.]

Consistent with the minimum requirements contained in this code, the town of La Conner shall approve or disapprove the following activities:

(1) New Development.

(a) Land disturbing activities;

(b) Structural development, including construction, installation or expansion of a building or other structure;

(c) Creation of impervious surfaces;

(d) Short subdivisions;

(e) Multifamily and planned unit developments.

(2) Redevelopment. On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment. [Ord. 671 § 5.6.F, 1995.]

(1) Storm Water Management Manual Adopted. The latest edition, now or as hereafter amended, of the Washington State Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin (The Technical Manual) is hereby adopted by reference and is hereinafter referred to as the manual.

(2) Storm Water Best Management Practices (BMPs). BMPs shall be used to control storm water quantity and quality. BMPs shall be used to comply with the standards in this code. BMPs are in the manual.

(3) Illicit Discharges. Illicit discharges to storm water drainage systems are prohibited. [Ord. 671 § 5.6.G, 1995.]

Article II. Small Parcel Minimum Requirements

(1) The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, and to comply with small parcel requirements (3)(a) through (3)(e) of this section:

(a) Individual, detached, single-family residences and duplexes;

(b) Creation or addition of less than 5,000 square feet of impervious surface area;

(c) Land disturbing activities of less than one acre.

(2) Compliance shall be demonstrated through the implementation of an approved small parcel erosion and sediment control plan.

(3) Small Parcel Requirements.

(a) Construction Access Route. Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.

(b) Stabilization of Exposed Soil Areas. All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained in accordance with an approved manual. From October 1st through April 30th, no soil shall remain exposed for more than two days unless other erosion sediment control BMPs are implemented. From May 1st though September 30th, no soils shall remain exposed for more than seven days unless other erosion sediment control BMPs are implemented.

(c) Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filter, dikes or mulching, or by a combination of these measures and other appropriate BMPs concurrent with start of construction and subject to approval by public works.

(d) Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.

(e) Other BMPs. As required by the director of public works, other appropriate BMPs to mitigate the effects of increased runoff shall be applied. [Ord. 671 § 5.6.H.1, 1995.]

Article III. Large Development Minimum Requirements

(1) Multifamily development with more than two units.

(2) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with the minimum requirements #1 through #10 found in LCMC 15.100.120 through 15.100.210.

(3) Compliance shall be demonstrated through the implementation of an approved storm water site plan consisting of a large parcel ESC plan and a PSQC plan, as appropriate.

(4) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with the minimum requirements #2 through #10 found in LCMC 15.100.130 through 15.100.210 and the small parcel minimum requirements found in LCMC 15.100.080.

(5) Compliance shall be demonstrated through the implementation of an approved storm water site plan that includes a small parcel ESC plan and PSQC plan.

(6) This chapter does not apply to the construction of individual, detached, single-family residences and duplexes. These types of new development are included in the small parcel minimum requirements. [Ord. 671 § 5.6.H.2.a, 1995.]

(1) Where redevelopment of 5,000 square feet or more occurs new development minimum requirements #1 through #10 in LCMC 15.100.120 through 15.100.210 shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.

(2) In addition to the above requirements, where one or more of the following conditions apply, a storm water management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project. [Ord. 671 § 5.6.H.2.b, 1995.]

(1) Existing sites greater than one acre in size with 50 percent or more impervious surface.

(2) Sites that discharge to a receiving water that has a documented water quality problem. A documented water quality problem includes, but is not limited to, water bodies:

(a) Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;

(b) Listed under section 304(I)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals;

(c) Listed in Washington State’s Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards.

(3) Sites where the need for additional storm water control measures have been identified through Growth Management Act Planning. [Ord. 671 § 5.6.H.2.c, 1995.]

All new development and redevelopment that includes land disturbing activities of one acre or more shall comply with erosion and sediment control requirements (1) through (15), below. Compliance with the erosion and sediment control requirements shall be demonstrated through implementation of an approved large parcel erosion and sediment control plan.

All new development and redevelopment that includes land disturbing activities of less than one acre shall comply with the small parcel minimum requirements found in LCMC 15.100.080.

Compliance with the small parcel requirements shall be demonstrated through implementation of a small parcel erosion and sediment control plan.

The following erosion and sediment control requirements shall be met:

(1) Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized by suitable application of BMPs. From October 1st to April 30th, no soils shall remain unstabilized for more than two days unless other erosion sediment control BMPs are implemented. From May 1st to September 30th, no soils shall remain unstabilized for more than seven days unless other erosion sediment control BMPs are implemented. Prior to leaving the site, storm water runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.

(2) Delineate Clearing and Easement Limits. In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses.

(3) Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from sediment deposition.

(4) Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indication in erosion and sediment control requirement (1).

(5) Cut and Fill Slopes. Cut and fill slopes shall be designated and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirement (1).

(6) Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of storm water runoff from the project site.

(7) Stabilization of Temporary Conveyance Channel and Outlets. All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

(8) Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that storm water runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

(9) Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:

(a) Where feasible, no more than 500 feet of trench shall be opened at one time.

(b) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.

(c) Trench dewatering devices shall discharge into a sediment trap or sediment pond except during emergency situations.

(10) Construction Access Routes. Whenever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.

(11) Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.

(12) Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment pond except during emergency situations.

(13) Control of Pollutants other than Sediment on Construction Sites. All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of storm water.

(14) Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be constructed in accordance with an approved manual.

(15) Financial Liability. Performance bonding, or other appropriate financial instruments, may be required for all projects to ensure compliance with the approved erosion and sediment control plan. [Ord. 671 § 5.6.H.2.d, 1995.]

Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable. [Ord. 671 § 5.6.H.2.e, 1995.]

Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to an approved manual. [Ord. 671 § 5.6.H.2.f, 1995.]

(1) All projects shall provide treatment of storm water. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 24-hour return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated storm water to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual.

(2) Storm water treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the town of La Conner. [Ord. 671 § 5.6.H.2.g, 1995.]

The requirement below applies only to situations where storm water runoff is discharged directly or indirectly to a stream or where proposed development or land disturbing activity generates more impervious areas than adopted land use ordinances intend, and must be met in addition to meeting the requirements in minimum requirement #4, runoff treatment BMPs:

(1) Storm water discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to 50 percent of the existing condition 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 25-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, design, and maintained according to an approved manual.

(2) Storm water treatment BMPs shall not be built within a vegetated buffer, except for necessary conveyance as approved by the local government. [Ord. 671 § 5.6.H.2.h, 1995.]

The requirements below apply only to situations where storm water discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the requirements in minimum requirement #4, runoff treatment BMPs:

(1) Storm water discharges to wetlands must be controlled and treated to the extent necessary to meet the State Water Quality Standards, Chapter 173-201 WAC, or Ground Water Quality Standards, Chapter 173-200 WAC, as appropriate.

(2) Discharge to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized.

(3) Storm water treatment BMPs shall not be built within a vegetated buffer, except for necessary conveyance systems as approved by the local government. [Ord. 671 § 5.6.H.2.i, 1995.]

(1) Where the public works director determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality.

(2) Storm water treatment BMPs shall not be built within a local vegetated buffer, except for necessary conveyance systems as approved by the town. [Ord. 671 § 5.6.H.2.j, 1995.]

An analysis of off-site water quality impacts resulting from a project shall be conducted for all development projects and any impacts shall be mitigated. The analysis shall be provided downstream from the project if subject to minimum requirement #5. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not limited to:

(1) Excessive sedimentation;

(2) Streambank erosion;

(3) Discharges to ground water contributing or recharge zones;

(4) Violations of water quality standards;

(5) Spills and discharges of priority pollutants. [Ord. 671 § 5.6.H.2.k, 1995.]

An operation and maintenance schedule shall be provided for all proposed storm water facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. [Ord. 671 § 5.6.H.2.l, 1995.]

Performance bonding or other appropriate financial instruments may be required for all projects to ensure compliance with these standards. [Ord. 671 § 5.6.H.2.m, 1995.]

Article IV. Administration and Enforcement

(1) Director. The public works director or designee shall administer this code and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this code.

(2) Review and Approval. Prior to approval of any regulated activity the director may recommend approval, conditional approval or denial of an application for any such activity based on the activity’s compliance with the provisions of this code.

(3) Inspection. All activities regulated by this code shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed at the applicant’s expense and to reasonable standards set by the director. [Ord. 671 § 5.6.I, 1995.]

(1) Enforcement Authority. The director of public works, as the town council designee, in conjunction with the planning director, shall enforce this code.

(2) General. All violations of this code are determined to be detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are determined by the director or the town council to be in violation of this code shall be subject to the provisions of the town of La Conner uniform development code enforcement procedures, and any amendments thereto, or any other enforcement method authorized by law, and shall be corrected by any reasonable and lawful means as provided therein, except that:

(a) The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of documented bad faith of the person subject to the enforcement action.

(b) A civil penalty shall be imposed for violations of any of the requirements outlined in this code in the amount of $500.00 per day for each continuous violation to be directly assessed by the town council until such violation is corrected. Each and every such violation shall be deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this chapter and subject to the penalty herein provided for. In addition, a civil penalty so imposed shall be separate and distinct from any civil penalty levied by the Washington State Department of Ecology for such violation.

(3) Penalties Due. Penalties imposed under this chapter shall become due and payable upon receipt unless an application for reconsideration is made or an appeal is filed. Whenever an application for reconsideration or appeal is made, penalties shall become due and payable 30 days after receipt of the decision regarding the reconsideration or appeal. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. The town may take actions necessary to recover such penalty under any provision of law. Any judicial award pursuant hereto shall include an award of the town’s reasonable attorney fees and costs.

(4) Penalty Recovered. Penalties recovered shall be credited to the drainage fund. [Ord. 671 § 5.6.J, 1995.]

(1) The town council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination, except as to recommendations made pursuant to LCMC 15.100.220(2), Administration, made by the director in the enforcement or administration of this code.

(2) Exceptions to the requirements of this code may be granted after a public hearing by the hearing examiner, prior to permit approval and construction; provided, that a written finding of fact is prepared that addresses the following:

(a) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

(b) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

(c) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of water of the state; and

(d) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

(3) In granting a variance, the hearing examiner may prescribe conditions that are deemed necessary or desirable for the public interest.

(4) Any exception shall be approved prior to permit approval and construction.

(5) Duration of Variance. Upon granting of a variance, construction shall be complete within two years.

(6) Right of Appeal. Any judicial appeal thereof shall be commenced within 21 days of final action. [Ord. 898 § 4, 2003; Ord. 671 § 5.6.K, 1995.]

Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents and visitors of La Conner. Specifically, the requirements of this chapter are intended to accomplish the following:

(1) Maintain and enhance property values;

(2) Enhance the appearance of the development;

(3) Provide adequate buffers between different users;

(4) Improve the character and appearance of the town;

(5) Reduce erosion and storm water runoff. [Ord. 671 § 5.7.A, 1995.]

The standards of this chapter shall apply to all development within the town, except:

(1) A single-family residence in any district in which a single-family residence is allowed. This exception does not preclude landscaping requirements for plats or short plats.

(2) The Historic Preservation District. This area shall be subject to the provisions of Chapter 15.50 LCMC. [Ord. 1222 § 2, 2023; Ord. 671 § 5.7.B, 1995.]

The following general standards shall apply to all landscaping required under this chapter. [Ord. 671 § 5.7.C, 1995.]

Landscaped materials shall include the use of evergreen or deciduous trees and shrubs, perennial or annual flowers, and lawn or combination of such materials. No artificial lawn or plants will be permitted in landscaped areas. [Ord. 671 § 5.7.C.1, 1995.]

Significant existing trees and shrubs shall be incorporated into the landscaping as much as possible. “Significant trees” shall be those evergreen and deciduous trees at least six inches in diameter at a point five feet above ground level. The site plan for the project shall include the location of significant trees, and shall identify which trees will be retained on the site. Trees shall be treated in accordance with Chapter 15.60 LCMC, Trees. [Ord. 671 § 5.7.C.2, 1995.]

All landscaping shall provide for unobstructed visibility at intersections as outlined in Transportation Systems LCMC 15.75.130. [Ord. 671 § 5.7.C.3, 1995.]

Installation of landscape materials shall not obstruct access to fire hydrants, standpipes, sprinkler connections, utility vaults, telephone pedestals, and other public and private utility facilities. [Ord. 671 § 5.7.C.4, 1995.]

In addition to all other landscaping requirements, the developer may landscape the unused right-of-way between the front property lines(s) and the improved roadway, subject to town planner approval. [Ord. 671 § 5.7.C.5, 1995.]

All landscaping and screening areas shall be maintained in a healthy, growing condition. Broken, dead, or dying trees, shrubs, or other plants shall be replaced. All landscaping and screening shall be kept reasonably free of weeds and trash. Any property owner who fails to reasonably maintain landscaping and screening areas will be considered to be in violation of this code. [Ord. 671 § 5.7.C.6, 1995.]

Unless otherwise required by the planning commission, all landscaping and screening required under this chapter shall be installed prior to occupancy of the development. In the event that landscaping improvements cannot be installed prior to application for occupancy, a cash deposit equal to 120 percent of the estimated installation costs shall be required. Such deposit shall be accompanied by a letter which shall stipulate completion of all landscape development no later than six months after the issuance of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the town may use the deposit to perform the landscape development. [Ord. 671 § 5.7.C.7, 1995.]

Any development existing prior to the adoption of this chapter which does not satisfy the provisions of this chapter shall be considered a nonconforming use. Additions or alterations to these nonconforming buildings shall require that landscaping commensurate with the extent of improvement be provided in compliance with the provisions of this chapter. [Ord. 671 § 5.7.D, 1995.]

Planting areas along street frontages shall be designed to soften and enhance the development on the site and provide a pleasant pedestrian environment. Landscaping may include planter boxes, raised planter beds, street trees (which do not conflict with underground or overhead utilities). Plants shall be selected for their seasonal colors and interesting textures. Plants with barbs, thorns, poisonous flowers or berries, and other such characteristics shall be avoided along street frontages. [Ord. 671 § 5.7.E, 1995.]

Plantings shall be required in areas within side and rear yards which area is not occupied by structures. A minimum of one tree shall be planted for every 30 linear feet, or fraction thereof, of perimeter length. Shrubs and ground cover plantings shall be in quantities and spacing that will provide for 80 percent ground coverage within three years. When applicable, the screening requirements in LCMC 15.105.150 shall supersede the requirements of this section. [Ord. 671 § 5.7.F, 1995.]

Landscaping within parking areas is intended to soften the visual effect created by large expanses of barren asphalt or gravel; increase the amount of permeable surface; and reduce the quantity and speed of runoff from the site. Parking area landscaping shall be located along road frontages and at the ends of parking columns or between parking stalls or rows of parking to break up and define parking areas. [Ord. 671 § 5.7.G, 1995.]

When applicable, the requirements of this section shall supersede the other requirements of this chapter.

(1) The requirements of this section are intended to reduce the visual impacts and incompatible characteristics of:

(a) Abutting properties with different land use classifications;

(b) Service areas and facilities, including loading and storage areas;

(c) Any other use or area as required under this section or by the planning commission.

(2) Screen planting shall consist of evergreen trees, such as fir, cedar, pine, etc., planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.

(3) Dimensional Requirements. The size of the planting area shall be as specified below, based on the type of screening used:

(a) Minimum Width. Screening area shall be 10 feet wide unless the use of a fence or wall is incorporated into the screening, as provided under (b) or (c) below.

(b) Fence Alternative. If a fence option is selected, the width of the screening area may be reduced to five feet. The fence shall be constructed of wood and be sight-obscuring.

(c) Wall Alternative. If a wall at least five feet high is to be used for screening, the screening area may be reduced to two feet. Climbing plants and vines shall be used to add texture and soften the appearance of the wall. Screen walls shall be constructed with masonry, block, or textured concrete, subject to design approval by the town planner or planning commission. [Ord. 671 § 5.7.H, 1995.]

(1) Review Procedures. The town planner shall review development proposals under the provisions of this chapter.

(2) Modification. Where full application of these landscaping regulations cannot be met due to lot size, configuration, topography, pre-existing development, etc., the planner will consider minor modifications, substitutions and other methods deemed appropriate to meet the stated intent. The action of the planner shall be final. [Ord. 1191 § 2 (Exh. A), 2020; Ord. 671 § 5.7.I, 1995.]