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Ordinance 2477WSS/na O1/02/85 ORDINANCE NO. 2477 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE BY THE ADDITION OF A NEW CHAPTER 15.45 RELATING TO THE COMPREHENSIVE SIDEWALK PLAN AND AMENDING CHAPTER 18.90 RELATING TO SIDEWALKS AND FIXING A TIME THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Planning Board of the City of Edmonds has reviewed and made its recommendation to the City Council with regard to the adoption of a Comprehensive Sidewalk Plan, WHEREAS, a public hearing was held with respect to said Comprehensive Sidewalk Plan, and WHEREAS, the City Council of the City of Edmonds desires to adopt a Comprehensive Sidewalk Plan in order to encourage and direct the construction of sidewalks as a part of development standards within the City of Edmonds, Washington, as well as to provide for the orderly construction of sidewalks as a part of the City's public improvement program. Now, therefor, the City Council of the City of Edmonds do ordain: Section I. That the Edmonds Community Development Code is hereby amended by the adoption of a new Chapter 15.45 Comprehensive Sidewalk Plan to read as follows: Section 15.45.000 Comprehensive Sidewalk Plan. A Comprehensive Sidewalk Plan, identified as a map on file with the City Clerk and the City Engineer entitled Comprehensive Sidewalk Plan - 1984, is hereby adopted by this reference as fully as if herein set forth. Any changes thereto shall be by ordinance, attested by the Mayor and City Clerk and attached to or incorporated on the face of said map. Section 15.40.010 Effect. In addition to the use of the Comprehensive Sidewalk Plan as a part of Comprehensive Plan of the City of Edmonds, said Plan through Chapter 18.90, will serve as a policy statement of the City Council and shall be used as a tool in the consideration of the construction of sidewalks as a part of the Public Works programs of the City. It shall also be used in order to determine the construction and placement of sidewalks as a part of the development review process. The development review process for the purposes of this Chapter and for Chapter 18.90 is hereby defined to be the review of any subdivision request whether formal or short plat, any application for a planned residential development and any request for a building permit. Section 2. Chapter 18.90 Sidewalks is hereby amended to read as follows: -2- 18.90.000 Purpose. The purpose of this chapter is to: A. Implement the Comprehensive Sidewalk Plan. B. Regulate the construction of improvements which could prevent the implementation of the Comprehensive Sidewalk Plan. 18.90.010 Sidewalk Map Adopted. A map, which is on file with the Office of the City Clerk and City Engineer, entitled Comprehensive Sidewalk Plan - 1984, is adopted by this reference as if set forth in full in this chapter. Changes shall be by ordinance, attested by the Mayor and City Clerk on the affected map. 18.90.020 Effect. The City Council shall use the map to assist it in determining the priority of streets for sidewalk construction. Development along those streets designated for sidewalks shall be required to include sidewalks designed to the specifications of this chapter as a condition of development approval, as said term is defined in §15.40.010. 18.90.030 Sidewalk Standards. Sidewalks to be constructed as a condition of development approval shall be constructed as shown in the Table of Sidewalk Standards below. The City Engineer will prepare drawings illustrating the sidewalk standards. -3- TABLE OF SIDEWALK STANDARDS SIDEWALK ZONE REQUIRED WIDTH MATERIAL RS-20 No (1) 5'-7' (2) Optional (2) RS-12 No (1) 5'-7' (2) Optional (2) RS-8 Yes 5'-7' (2) Optional (2) RS-6 Yes 5'-7' (2) Optional (2) [Vertical or rolled curb required] RM, B, C Yes 71-10'(3) Optional (2) [vertical or rolled curb required] (1) Except as shown on Comprehensive Sidewalk Plan Map or as required by the Planning Director and City Engineer. Note: It is the City's policy to require sidewalks on all streets over 300' in length. (2) Requirements are optional to encourage flexibility of location, alignment, specifications, and materials to insure compatibility with individual locations and circumstances. The Planning Director and City Engineer shall make the final decision on the requirements after review of pertinent information supplied by the affected neighborhood and/or the Architectural Design Board. (3) Corner parks will be required at all street intersections, per City standard, within the downtown business area and may be required in all other commercial areas. -4- A. Location. Streets designated on the Comprehensive Thoroughfare Map as an arterial street shall have sidewalks constructed on both sides of the street. Designated collector streets shall have sidewalks constructed on at least one side of the street. B. Regulation. The Planning Director and the City Engineer will be responsible for determining the width and materials to be used for sidewalks as set forth in the table above. With the approval of both the Planning Director and City Engineer, the requirements of this chapter may be waived, if it can be demonstrated by the applicant that there are special circumstances related to topography or other factors which make the construction of the sidewalk economically unfeasable or practically impossible. 18.90.040 Duty to Maintain. The owner of property adjacent to a sidewalk shall maintain the sidewalk and planting strip as follows: -5- A. Sidewalks. The owner shall maintain existing hard surface sidewalks by keeping them free of litter, debris, ice, and snow, and by repairing defect in the surface with materials approved by the Director of Public Works. B. Planting Strip. The owner shall maintain any portion of the City right-of-way between the edge of the street or alley and the property line of the owners property. Maintenance includes keeping the planting strip free of litter and debris, watering and trimming vegetation, repairing rockeries or retaining walls, and other work necessary to protect the public in its use of the sidewalk and the public right-of-way. C. City Responsibility. The City will pay one-half of the costs necessary to rebuild a sidewalk less than ten years old, and more than five years old. If the sidewalk is less than five years old, the City will perform the needed rebuilding. The City will not pay to repair damage caused by the owner. D. Notice. The Director of Public Works may order an owner to conform to this section by sending notice by certified mail. If the work is not done within the period of time specified in the notice, the Director may have the work done and charge the cost to the owner pursuant to statutory authorization, which charge shall be a lien on the property if not paid. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: L-0-�V4410Z'- -- MAYOR, LARRY P91WOMTER ATTEST/AUTHENTICATED: CI CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W'sa:� FILED WITH THE CIT CLERK: Z'Anv&v- 311985 PASSED BY THE CITY COUNCIL: Salnv 16') 1g6S POSTED: January 16, 1985 EFFECTIVE DATE: January 21, 1985 ORDINANCE NO. 2477 -7- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that the is over the age of eighteen (.18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 16 day of January , 1985, affiant posted true and correct copies of the attached Ordinance No. 2477 passed by the City Council on the 15 day of January 1o,85, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 2.01 Main Street Edmonds, Washington 98020 DATED this 16 day of January , 1985. SUBSCRIBED AND SWORN to before me this 16 da f January 1985 Notary Pub is i�an for heStage ashingt , s' ing at /��//.iJ�lOi j]� z< Q 3 W uj !� 0 v 0 1 000 2000 3000 CITY OF ED M O N D S APPROXIMATE SCALE IN FEET •E N G 'I N E ERIN I DEPTO k, REVISED 0CT0a'E0--1983 ADOPTED BY ORDMANCE N0. 2477 DATED JAN. 21, 1985. BASED ON WASH. STATE HIGHWAY C01.1P.IISSION MAP OF 1973 allI �1