Mountlake Terrace City Zoning Code

The intent of this chapter is to provide appropriately for transportation facilities to serve current and future public needs, while protecting the integrity of the public right-of-way.

The City Engineer and/or Community and Economic Development Director are authorized to administer, coordinate, and enforce this chapter, except as otherwise provided herein.

Whenever a building permit is applied for or application is made for a short plat or a full subdivision, the applicant for such permit and/or application shall build and install certain street improvements, as required by the Mountlake Terrace Municipal Code, within the public right-of-way or area that will be dedicated for public right-of-way or within dedicated access easements, as approved by the City Engineer and/or Community and Economic Development Director.

Exemptions to this chapter may be authorized by the City Engineer for City-initiated street, sidewalk, and utility projects that meet the criteria of MTMC § 19.95.030E.3.

Permits issued by the Community and Economic Development Department are required for all construction, demolition, repair, or alterations within the public right-of-way or City easement, for any use of the public right-of-way other than for lawfully authorized travel purposes, and for the conduct of any activities that impact transportation facilities or utilities, except as provided in subsection D.2 of this section.

The following activities are exempt from the permit requirement of subsection D.1 of this section, except a building permit if required:

For improvements, maintenance, or alterations impacting the public right-of-way, City easements, and transportation facilities, the City of Mountlake Terrace hereby adopts by reference the following publications and standards and any amendments thereto:

Publications listed in subsections E.1.a and E.1.b of this section shall be interpreted by the City Engineer. The referenced publications in subsections E.1.c through E.1.h of this section shall be interpreted by the Community and Economic Development Director; provided, that for purposes of Chapter 16.21 MTMC, Illicit Discharge Detection and Elimination and Operation, Maintenance and Inspection of Storm Drainage Facilities, the Washington State Department of Ecology's Stormwater Management Manual for Western Washington shall be interpreted by the City Engineer.

If any conflicts in design or construction standards occur, the more restrictive standard shall prevail and govern.

Addition of up to 800 square feet to an existing house;

Development with valuation less than 50 percent of assessed value that occurs or is permitted within any five-year period; or

The construction of up to two accessory dwelling units.

Dedication Required for Development. Where the existing width for any right-of-way adjacent to a development site is less than the City's minimum standards, additional right-of-way dedication to provide an easement for roadway and public use will be required for the proposed development.

Waiver of Dedication. The Community and Economic Director, in consultation with the City Engineer, may waive the requirement for up to one-half of the right-of-way dedication needed to accommodate a full street right-of-way where he/she determines that either: (a) future development is reasonably feasible on the opposite side of the right-of-way from the site being developed and such future development can reasonably provide for the additional required right-of-way; or (b) due to geographic constraints, future development is not reasonably feasible on the opposite side of the right-of-way being developed.

Type of Improvements. The required minimum street improvements shall include but not be limited to curbs, gutters, landscape buffers, sidewalks, and lighting on each side of the street, except as provided under subsection D.2 of this section. Required improvements shall be designed and constructed in conformance with this chapter and other applicable statutes.

Unless required by another chapter of the Zoning Code, the requirement for amenity zones, landscape buffers, sidewalks, and lighting on either or both sides of a street may be waived by the City Engineer for development projects where he/she has determined that geographic constraints make installation not reasonably feasible or there is no need, including future need, for pedestrian access or circulation. For City-initiated street, sidewalk, or utility projects, the City Engineer may waive the requirement for amenity zones, landscape buffers, sidewalks, and lighting on either or both sides of the street pursuant to the criteria in subsection E.3 of this section.

Length of Improvements. Improvements required per subsection D.1 of this section shall extend along the full frontage of such property to be improved upon and sought to be occupied as a building site or parking area for the aforesaid building or platting purposes, and which may abut property dedicated as a public street. For properties with multiple street frontages, all frontages must be improved to the City's standards. Improvements shall be transitioned to existing facilities immediately outside of the property's street frontage; provided, that the Reviewing Official may waive this requirement where such a transition is not reasonably feasible or where future development is not likely to occur due to geographic constraints.

Minimum Sidewalk Measurements and Features. Sidewalks shall be a minimum of six feet wide and constructed of concrete unless another material has been approved by the City Engineer for the specific location; provided, that in certain zoning districts, as required by the Municipal Code or adopted design standards, sidewalk width shall be greater than six feet.

Amenity zones shall be installed between the street curb and sidewalk or multi-use path, except where the City Engineer determines that amenity zones are not reasonably feasible due to geographic or right-of-way constraints. Amenity zones shall include grass or low-growing vegetation; provided, that in the Town Center, as well as along arterials and collectors in other areas approved by the City Engineer, the amenity zones may consist primarily of hardscape, rather than vegetation, and with trees protected in tree grates. Amenity zones shall be at least five feet in width; provided, that up to a two-foot reduction may be allowed where the full five-foot width is not reasonably feasible due to geographic or right-of-way constraints.

Multi-Use Paths. A minimum 12-foot-wide multi-use path may be installed along streets in place of the minimum six-foot sidewalk path where the City Engineer has determined that such a multi-use path would best accommodate a bicycle route that has been identified in the Comprehensive Plan and where pedestrian safety can be maintained.

Driveways. Driveway locations and dimensions are subject to requirements of the zoning district in which the driveways are located, pursuant to this title and other requirements of the City Code and state or federal statutes, and to traffic engineering criteria including roadway functional classifications, traffic volumes, sight distance, proximity to intersections and driveway spacing.

Bicycle Facilities. Bicycle facilities may be provided or required by the City in the form of bicycle lanes within the street, cycle tracks, multi-use paths, or any means indicated in the Comprehensive Plan or the Transportation Master Plan or approved by the City Engineer.

Vehicular Access and Connection Points to and From the State Highway System.

Principles. The City of Mountlake Terrace will plan for, design, and construct all new City transportation improvement projects with complete streets principles.

Department Implementation.

Exceptions. Complete streets principles, including the provision of amenity zones, will not apply:

Exceptions authorized under subsection E.3 of this section are site-specific and shall not constitute general changes to the minimum street standards established in this chapter or other chapters of the Municipal Code.

Timing and Funding. Complete streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. Improvements to pedestrian and bicycle facilities shall be a priority for available funding, while balancing the need to meet other City responsibilities.

When nonresidential zoned property does not have frontage on an existing public right-of-way or when the City has identified a potential new street connection in its Comprehensive Plan to access nonresidential zoned property but the street has not yet been constructed, any development or change in use shall require the owner/developer to design and construct full-width street improvements through the property and to a point of appropriate connection with an existing public right-of-way. The improvements shall be designed so as to establish an interconnected network of public streets and shall be constructed in accordance with this chapter and any other applicable City regulations and state or federal laws.

Once a street is constructed pursuant to subsection G.1 of this section, the property owner shall dedicate the right-of-way and its improvements to the City.

Streets designed or constructed after November 1, 2012, shall be public and built to City standards; provided, that the Community and Economic Development Director may allow local access streets serving three or fewer single-family houses to be private when he/she determines that:

Signage Required. Appurtenant traffic control devices including installation of traffic and street name signs shall be provided by the developer to mitigate traffic impacts, as required by the Traffic Engineer. The street name signs shall include a sign labeled "Private Street."

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

Timing of Improvements. The private street must be installed prior to recording of the plat unless deferred through a process that includes a security device pursuant to Chapter 15.35 MTMC.

The private street must meet public street standards, except as otherwise provided by this chapter.

Private access street design and installation shall meet ADA requirements.

Private streets shall be paved.

The acceptance of an existing private street as a public street shall be based on the street being determined by the City Engineer to meet at least one of the following criteria:

Any research performed by the City at an applicant's request to establish or verify that a street has been constructed to City standards, pursuant to subsection H.8.a of this section, is subject to the applicant's payment to the City of the hourly rate established in the development fee schedule, as adopted by the City Council.

Submittal. All street improvement plans, excluding those prepared by the City or its designee for City capital improvements, shall be submitted for review and approval to the Community and Economic Development Department. All plans and specifications for such improvements are to be submitted at the time application for a building permit is made or, for plats, prior to construction (street/utility) permit issuance. All street improvement plans prepared by the City or its designee for City capital improvements shall be submitted for review and approval to the City Engineer.

Fees and Submittal Requirements. All permits required for the construction of street improvements shall be applied for and obtained through the Community and Economic Development Department. Activities requiring permits shall include but are not limited to cutting, excavating or disturbing of streets, alleys, pavement or improvements within the public right-of-way and to the alteration, expansion, or creation of public or private transportation facilities, including driveways. Fees shall be as stipulated pursuant to MTMC § 3.150.090.

Any decisions made in the administrative process described in this section may be appealed to the Hearing Examiner pursuant to Chapter 2.120 MTMC, Hearing Examiner.

Unless otherwise specified, violations of this chapter are misdemeanors, and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail.

Bus stops shall be accommodated at appropriate places within the street network, as determined by the Traffic Engineer, taking into account transit service needs, public safety, and traffic flow.

Convenient pedestrian access between any commercial or multifamily residential buildings and adjacent bus stops shall be provided as a condition of development.

Dedication of an easement or right-of-way to locate bus stops and related appurtenances may be required by the Traffic Engineer where a transit agency serving the City has identified such stops as necessary to reasonably accommodate its bus service for routes consistent with the transit agency's six-year plan.

No additional utility poles, traffic signal poles, or poles of similar type shall be installed for any reason without plans being first approved by the City and, as required, a utilities permit issued.

Any preexisting overhead or new proposed utility lines and services which are located within or next to a development within the region defined by Interstate 5 on the west, 230th St SW on the north, 55th Ave W or its extension on the east, and 244th St SW on the south, shall be placed underground as a requirement of approval of such development.

When and where overhead wires are being undergrounded in the public right-of-way, all other existing overhead lines shall be undergrounded as provided in MTMC § 12.20.200.

Type A – Short-Term.

Type B – Disturbance of City Right-of-Way.

Type C – Long-Term and Permanent.

To obtain a right-of-way use permit, the applicant shall file an application with the Community and Economic Development Department.

Every application shall include the location of the proposed right-of-way use, a description of the use, the planned duration of the use, applicant contact information, and all other information which may be required as specified in procedures adopted hereunder, and shall be accompanied by payment of the required fees.

Certain applicants such as utilities or franchised utilities may be involved in frequent use of the right-of-way for repair, maintenance and construction in a short period of time. To avoid the issuance of a new permit for each use, the City may issue a 90-day permit for multiple use.

Specifications. All work to be performed under any permit issued under this chapter shall conform to all other City code chapters, standards referenced in MTMC § 19.95.010E, and applicable state and federal statutes.

Permit Exception. A right-of-way use permit shall not be required of utilities or franchised utilities prior to commencing work in the right-of-way when responding to emergencies, such as water or sewer main breaks, gas leaks, downed power lines or similar emergencies; provided, that the City shall be notified by the responding utility or City contractor verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or City contractor from the requirement to apply for a right-of-way use permit within 48 hours after beginning emergency work in the right-of-way. The City and its contractors are not required to obtain a right-of-way use permit for work being done as part of City-initiated street or utility projects.

Traffic Impact Analysis (TIA) Required. In order to provide sufficient information to assess a development's impact on the roadway system and right-of-way, any development activity adding to a corridor 20 or more vehicle trips during the weekday peak hours of 4:00 p.m. to 6:00 p.m., adding 40 or more vehicle trips during any weekday, or adding 50 or more vehicle trips during any weekend day shall be required to provide a traffic impact analysis; provided, that such requirement shall not apply to projects within the locations and development thresholds of planned actions adopted by the City pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C.031. The required traffic impact analysis shall identify any street improvements that may be needed to reduce transportation impacts from the development and to improve nonmotorized transportation facilities related to the development. The City Engineer or designee, in consultation with the Traffic Engineer, may require that the TIA include an evaluation of any potential traffic and parking impacts from the development on arterial or local access streets. The City Engineer or designee is authorized to adopt administrative policies and technical procedures specifying the contents and scope of the TIA, the methodologies to be used in preparing a TIA, and the nature and extent of the improvement(s) necessary to meet the requirements of this chapter.

Level-of-Service Policy. The City shall maintain or achieve the level of service (LOS) adopted in the Transportation Element of the Comprehensive Plan.

Development Mitigation Obligations. Frontage improvements, including the upgrading of substandard frontage improvements, will be required of all proposed developments, pursuant to this chapter.

The City Engineer or designee shall require mitigation of direct traffic impacts of any development as provided in this section. Mitigation of off-site impacts to City streets will be in the form of transportation impact fees pursuant to Chapter 18.30 MTMC; provided, that mitigation of site-specific impacts to the City's transportation system also may be required under the State Environmental Policy Act (SEPA) for impacts that are not associated with the transportation impact fees. Such SEPA mitigation may be required on arterial streets, collectors, or local access streets. Mitigation of off-site impacts to state highways or other jurisdiction streets may also be required, as specified in this chapter. Development may have the option to provide mitigation for off-site impacts directly by constructing the improvements that offset the direct traffic impact of the development. Development mitigation requirements may be reduced by the City Engineer or designee if the development implements transportation demand management and/or transportation system management strategies to the extent such strategies would reduce off-site traffic impacts not associated with the transportation impact fees.

Inadequate Road Condition(s).

Timing of Determination. The determination of developer obligations shall be made by the City before approval of all short plats, preliminary subdivisions, planned unit developments, site development plans, conditional and special use permits, and binding site plans or before the issuance of a building permit, whichever occurs first.

Administration of Payments. Payments made pursuant to this section, excluding subsection C of this section, shall be subject to the following provisions: