19.51.060 Modifications, deferments, waivers, and construction-in-lieu.
A. General. The provisions of this section establish under what circumstances the requirements of this chapter may be modified, deferred, waived, or provided for with a sidewalk construction-in-lieu by decision of the Public Works Director or by recommendation of the Public Works Director when not the final decision-maker.
B. Review Process.
1. A request for a modification, deferment, waiver, or sidewalk construction-in-lieu must be considered as part of the applicable review process for the underlying development permit application as outlined in Table 19.20.030-1.
2. If subsection (B)(1) of this section does not apply (no land use permit is being reviewed), the Public Works Director may grant a modification, deferment, waiver, or sidewalk construction-in-lieu in writing under the provisions of this section.
3. A modification, deferment, waiver, or sidewalk construction-in-lieu request that is approved under subsection (B)(1) of this section is binding on the city for all subsequent development permits issued for the development within five years of granting of the request.
C. Modifications. A modification to the nature or extent of any required improvement may be granted for any of the following reasons:
1. The improvement as required would not match the existing improvements.
2. Unusual topographic or physical conditions preclude the construction of the improvements as required.
3. Other unusual circumstances preclude the construction of the improvements as required.
4. The applicant proposes special amenities such as wider planter strips, wider sidewalks, and/or curb gutter bump-ins to save significant trees or other natural features, or stormwater infrastructure that exceeds minimum standards.
5. A modified standard for a particular street or neighborhood has been approved by the City Council (see the Anacortes engineering design standards).
D. Deferment.
1. A deferment to the installation of required improvements may be granted for any of the following reasons:
a. The required improvement is part of a larger project that has been scheduled for implementation and is fully funded in the city’s six-year capital facilities plan.
b. Construction or alteration of a single-family dwelling unit on an existing lot greater than one acre (net) in size where there are no frontage improvements meeting city standards within 200 feet of the lot, or identified through approved plats, and potential exists for future development of the lot.
c. Other unusual circumstances preclude the construction of the improvements as required.
2. If the applicant meets the above criteria in subsection (D)(1) of this section for deferment, the applicant is only obligated to install, at a future date, improvements subject to AMC 19.51.040.
3. If the city approves a deferment, the applicant must sign a concomitant agreement to run with the property, in a form acceptable to the City Attorney, specifying that the applicant must install or reimburse the city for construction of the deferred improvements as directed by the Public Works Director. The applicant must record this agreement with the Skagit County Auditor’s office.
4. The applicant must grade the subject portion of the right-of-way as though the public improvement were to be immediately installed and stabilize the graded area in a manner approved by the Public Works Director. The applicant may be relieved of this requirement if the Public Works Director determines that unusual circumstances preclude the grading.
E. Waiver. A waiver to the requirement to install all or a portion of the required improvements may be granted for any of the following reasons:
1. The installation of the improvements will cause a safety hazard or an environmental impact that cannot be mitigated; or
2. The current level and extent of the improvements in the ROW adjacent to the subject property are not likely to be changed in the future.
F. Sidewalk Construction-in-Lieu Program.
1. This subsection establishes circumstances in which the applicant may propose an off-site sidewalk construction in lieu of installing on-site street improvements in the ROW abutting the subject property. The city may accept off-site sidewalk construction in lieu of installing on-site sidewalks in any of the following circumstances:
a. The installation of the required improvement would require substantial on-site roadway modifications.
b. The Public Works Director determines that installation of the required improvement would result in a safety hazard.
c. Other unusual circumstances preclude the construction of the improvements as required.
d. The improvements would not be extended past the property in the future, due to adjacency of critical areas, Anacortes community forest lands, or similar attribute or land designation.
2. In each instance where the city approves a proposed sidewalk construction-in-lieu under the provisions of this section, the value of the sidewalk construction-in-lieu must be no less than the then-estimated cost of constructing the street improvements that would otherwise be required under this chapter, based on information compiled and kept current by the Public Works Department on the cost of street improvement construction.
3. After the value of the improvements has been determined, the Public Works Director must determine the location of the off-site improvements. The improvements must be located within the neighborhood of the subject development and directed toward sidewalks or other similar public infrastructure improvements.
4. In each instance where the city accepts a sidewalk construction in lieu of installing a sidewalk, the subject property will not be subject to participation in future sidewalk improvement costs (along the property frontage) unless redevelopment occurs to a more intense land use than what was occurring on the property at the time of the sidewalk construction-in-lieu payment.
G. Multiple Adjacent Rights-of-Way. When the subject property is adjacent to two or more rights-of-way, modifications, deferments, waivers, or sidewalk construction-in-lieu may be considered separately for each right-of-way. The highest level of improvement required must be constructed around the angle formed by the intersecting streets. (Ord. 3040 § 2 (Att. A), 2019)