A. 
The provisions of this chapter are intended to accomplish these purposes:
1. 
Facilitate the development of properly designed and constructed public and private roadways and utilities, so as to provide an efficient integrated roadway and utility system for Langley;
2. 
Protect public rights-of-way, natural resources, scenic and open space from undue degradation due to poor development practices;
3. 
Protect, to the greatest extent possible, life, limb and property from loss and damage by flooding, landscapes, accelerated soil creep, settlement and subsidence, abnormal erosion and other potential natural hazards;
4. 
Protect the public interest in management of surface water drainage, ground water recharge, and related functions of drainage basins, watercourses and shoreline areas. To this end, require reasonable and appropriate use of low-impact development measures;
5. 
Protect streams, creeks, ponds, wetlands, lakes, coastal areas, and drainage facilities from mechanical damage, excessive flows and other conditions which increase erosion turbidity, siltation, and other forms of pollution, or which reduce low water level and/or flow rates endangering aquatic and benthic life; and
6. 
Fulfill the objectives of comprehensive planning policies of Langley in promoting the health, safety and welfare of the general public, as well as fulfilling the city's responsibilities as trustees of the environment as provided by law.
B. 
Satisfactory compliance with the provisions of this chapter shall be consistent with zoning and land use control provisions of Langley, as well as adopted planning policy.
(Ord. 743, 1997)
“AASHTO”
means American Association of State Highway and Traffic Officials.
“Access”
means a portion of a driveway or private road that connects from the edge of a City Road extending to edge of the right-of-way (see also "Road Approach").
"Access road"
means a public or private road providing vehicular access to the boundary of a parcel of real property being proposed for development.
“ADA”
means the Americans with Disabilities Act.
“Adjacent”
means abutting public roads, streets, right-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement.
Administrator.
When used in this title the Administrator shall mean the City Engineer.
“ADT”
means Average Daily Trips. When used as a threshold to determine classification size of private road, ADT shall be based on current and buildout of proposed development that will be or are served by the private road.
Advisory Shoulder.
See “Edge Lane Road (ELR).”
“Applicant”
means the person, firm, partnership, corporation, or other legal entity that proposes to develop property in the City of Langley by submitting an application for any of the activities covered by these Standards.
“Applicant's Engineer”
means a professional Engineer licensed in the State of Washington.
"APWA"
means American Public Works Association.
"Average daily traffic" or "ADT"
means the average number of vehicles passing a specified point during a 24-hour period. "Annual average daily traffic (AADT)" denotes that daily traffic that is averaged over one calendar year. ADT to be calculated using standard methodology.
“Benefit area”
means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer.
“Berm”
means an earthen mound designed to provide visual interest, screen undesirable views, decrease noise or separate incompatible uses.
"Best management practice" or "BMP"
means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the Manual.
"Building official"
means the building official for the city of Langley.
“Center Line”
means the line, marked or unmarked, parallel to and equal distance from the sides of a two-way traffic roadway except where otherwise indicated by painted lines or markers.
“City”
means the jurisdictional boundaries of City of Langley.
"City engineer"
means the city engineer for the city of Langley.
"Clearing"
means (per DOE Tech Manual) the destruction and removal of vegetation by manual, mechanical, or chemical methods.
“Clear Zone”
means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes, design speed and the roadside geometry.
"Collector road"
means a road whose function is to collect traffic from neighborhoods and local streets and which connects to another road of equal or greater classification. A collector also may provide direct access to adjacent properties.
"Commercial access"
means an approach providing access to a commercial property.
"Common approach"
means a shared approach serving no more than two lots/units. A common approach does not have to straddle a common property line.
"Complete street"
means a road that is designed to be safe for drivers, bicyclists, transit vehicles and users, and pedestrians of all ages and abilities. The complete streets concept focuses not just on individual roads but on changing the decision-making process so that all users are routinely considered during the planning, designing, building and operating of all roadways.
“Construction Plans”
means the plans, profiles, cross sections, elevations, details, and supplementary specifications, signed by a licensed professional Engineer and accepted by the City Engineer, which show the location, character, dimensions, and details of the work to be performed.
"Critical drainage area"
includes those mapped sensitive areas as hereinafter identified in the Langley Comprehensive Stormwater Management Plan, June 1994, and those areas where sufficient justification is demonstrated by the city engineer, in which flooding, drainage, erosion and/or instability hazards exist and the welfare and safety of the surrounding community would be threatened by increasing the volume and/or rate of surface water discharge from a developing parcel.
"Cul-de-sac"
means a dead-end road having a primary function of serving adjoining land and constructed with a turn-around at its end (local access road).
“Department”
means the City of Langley Department of Public Works, unless otherwise noted.
"Design engineer"
means an individual licensed by the state of Washington to practice civil engineering and who has been retained to design land development improvements.
“Design Manual”
means the most current edition of the “Design Manual” published by the Washington Department of Transportation.
"Design storm"
means a rain storm of a particular intensity and duration used in storm drainage analysis and system design.
"Design storm frequency"
means the probability of a design storm occurring, expressed in terms of a statistical probable yearly interval of occurrence.
"Developer"
means any person, firm, partnership, association, joint venture, or corporation or any other entity responsible for a given project.
"Development coverage"
means all developed surface areas within subject property, including but not limited to rooftops, driveways, carports, accessory buildings, and parking areas.
"Director of public works"
means the city of Langley public works director or a duly authorized representative.
"Drainage area"
means the watershed (acreage) contributing surface water within the subject property.
"Drainage plan"
means a plan for receiving, handling, and transporting surface water within the subject property and may extend sufficiently downstream to assure adequate control of potential detrimental effects.
"Easement"
means the right to use a defined area of property for a specific purpose/purposes as set forth in the easement document, on a plat or short plat, or as required for purposes as set forth herein, and recorded with the Island County auditor.
“Edge Lane Road (ELR)”
means a roadway that provides usable shoulders for bicyclists and pedestrians where the travel lane is otherwise too narrow to accommodate them. The shoulders are delineated by pavement markings and may include contrasting pavement color. Motorists may enter the shoulder only when no bicyclists or pedestrians are present and must overtake these users with caution due to potential oncoming traffic. Also known as an “Advisory Shoulder.”
"Excavation"
means the mechanical removal of earth material.
“Facility”
means elements of roadways, utilities, and drainage that are built, installed, or established for a particular purpose.
"Filling"
means any deposit of earth material, rubble, or demolition wastes placed by artificial means.
“Franchise agreement/permit”
means a permit that the City of Langley issues to a utility provider to construct, install, repair, or maintain utility line, facility, or system located in the City right-of-way.
"Generalized plan"
means a plan delineating the contiguous property within one ownership and property delineating natural drainage ways and existing roadway systems as well as indicating a conceptual plan for drainage facilities or improvements thereto, and a suitable access plan for the remnant parcel(s) when topography/development and policies could reasonably be expected to limit locations and number of approaches to public roads. It is not to be construed as a binding site plan.
“Grade”
means rate or percent of slope, either ascending or descending from or along the roadway. It is measured along the centerline of the roadway.
"Grading"
means any clearing, excavating, or filling, exposing of soil by the removal of live vegetation and/or vegetative debris for nonagricultural purposes, or combination thereof.
"Grading permit"
means the permit required under Section 15.01.680.
"Ground cover"
means small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground and shall include trees less than four inches in diameter measured at 24 inches above the ground level.
"Half street"
means a street constructed along an edge of development utilizing half the regular width of the right-of-way.
"Home site evaluation"
means a report prepared by a qualified professional geologist/registered soils engineer which addresses the feasibility/safety of structural improvements within/adjacent to unstable slope areas, citing specific recommendations/conclusions, including but not limited to structure placement, foundation design, drainage and geological stability of the site for the intended use. Such reports shall be site- and development-specific.
“IBC”
means the International Building Code.
“IFC”
means the International Fire Code.
"Impervious"
means a surface which cannot be easily penetrated. For instance, rain does not readily penetrate paved surfaces.
“In-Fill Development”
means the construction of buildings or other facilities on previously unused or underutilized land located in an existing urban areas to increase density near services and infrastructure.
“Inspector”
means an authorized representative of the Public Works Department assigned to conduct field inspections during various stages of land use development activities to ensure compliance with accepted plans and the Standards of this Title.
"Interceptor"
means a sewer that receives flow from a number of mains or trunk sewers, force mains, etc.
“Intersection Sight Distance”
means the sight distance required for a vehicle at a stopped position on the minor road or driveway to view an oncoming vehicle traveling at the speed limit on the major road and appearing after the movement has begun, and safely enter or cross the major road.
“ITE”
means the Institute of Transportation Engineers.
"Land clearing"
means the act of removing or destroying trees or ground cover from any undeveloped or partially developed lot, public lands or public right-of-way.
"Land use coordinator"
means the land use coordinator for the city of Langley.
“Land Use Development Activity”
means any land disturbing activity requiring a land use permit or SEPA review from City of Langley including, but not limited to, site plan reviews, short- and long-plats, plat alterations, boundary line adjustments, conditional use permits, unit lot subdivisions, and binding site plans. Further definitions of these permits can be found in Titles 17 and 18.
“Level of Service (LOS)”
means a term used to qualitatively describe the operating conditions of a multi-modal roadway based on factors such as speed, travel time, maneuverability, delay, and safety for all users motorized and non-motorized.
"LID Manual"
means the Low Impact Development Technical Guidance Manual for Puget Sound.
"LMC"
means the Langley Municipal Code.
"Loop road"
means a road of limited length forming a loop having a beginning and ending on the same road, having no other intersecting road, and having as its primary function the provision of direct access to adjoining properties (local access road).
"Low-impact development"
means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of onsite natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrologic functions.
“Multimodal Level of Service (MMLOS)”
means a term used to describe the completeness of the City’s Ultimate Street Network.
“MUTCD”
means the Manual on Uniform Traffic Control Devices.
"Neighborhood access"
means a road whose primary function is to provide access to adjoining properties, but which also provides for traffic circulation within and/or through a neighborhood (local access road).
"Peak discharge"
means the maximum surface water runoff rate (cfs) determined for the design storm frequency.
"Pervious surface"
means a surface which can be easily penetrated. For instance, rain can easily penetrate gravelly soils.
"Planning official"
means the planning official for the city of Langley.
"Potential number of lots or units served"
means total possible users of a facility under current and/or contractual zoning, covenant restriction, and extensions to serve adjacent property.
"Private sewer"
means any portion of the sewer system located on private property where no easements are granted to the city and/or the line has not been deeded to the city.
"Private street"
means privately owned and maintained vehicular access provided for by an access tract, easement, or other legal means to serve more than two parcels.
"Project"
is a general term encompassing all phases of the work to be performed and is synonymous to the term "proposal" or "work."
“Public Roadways”
means publicly owned and maintained facility providing access, including the roadway and all other improvements inside the right-of-way.
Major Collector Roadway: See Section 15.01.470 for definition.
Minor Collector Roadway See Section 15.01.470 for definition.
Local Access Roadway: See Section 15.01.470 for definition
"Public sewer"
means that portion of the system located within public rights-of-way and/or easements and which is owned, operated and maintained by the city.
"Residential/detention facilities" or "source control BMP"
means a BMP that is intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, and constructing roofs over storage and working areas.
“Residential Driveway”
means access that serves an individual lot.
"Right-of-way"
is a general term denoting public land, property, or interest therein (e.g., an easement) acquired for or devoted to a public street, public access or public use.
“Road Approach”
means a vehicle driving surface that provides a transition between the following: A City Road and a driveway; a City Road and a private road; a City road and a commercial use; a City Road and an agricultural use; a City Road and a temporary use; or a City Road and a shared-access facility subject to an access permit issued by the City of Langley.
“Road Prism”
means any portion of roadway, including but not limited to road surface, shoulders, cut/fill slopes, culvert, walls, ditches, bridges, signing, etc.
"Roadside"
means the portion of an easement or right-of-way lying on either side of the roadway, including curbs, sidewalks and ditches.
"Roadway"
means the improved portion of an easement of right-of-way, excluding curbs, sidewalks and ditches.
“SEPA”
means the (Washington) State Environmental Policy Act.
“Shared Street”
means a street designed to serve pedestrians, bicyclists, and motor vehicle traffic in the same slow-speed travel area. Shared streets serve bidirectional motor vehicle traffic without lane markings in the roadway travel area. Also known as a “Yield Roadway.”
“Shared-Use Path”
means a facility physically separated from motor vehicle traffic by an open space or barrier and typically within the City right-of-way or within an independent right-of-way. Shared-Use Paths may be used by pedestrians, skaters, wheelchair users, joggers, and other non-motorized users.
"Side casting"
means the act of moving excavated waste material and vegetative debris to the side and subsequently depositing or dumping such material over the side of a shoreline bluff or natural drainage way.
“Sidepath”
means a facility physically separated from motor vehicle traffic by an open space and typically within the City right-of-way along a street. Sidepaths may also be used by pedestrians, wheelchair users, joggers, and other low speed non-motorized users. Sidepaths are not intended for bicycles.
"Side sewer" or "building sewer"
means that portion of the sewer line beginning two feet outside the outer foundation wall of the structure to the sanitary sewer main.
"Sidewalk"
means that portion of a street or highway, beyond the curb or edge of roadway pavement, that is intended for use by pedestrians, including pedestrians with disabilities.
"Special provisions"
means road construction requirements peculiar to a specific project and which are not otherwise thoroughly or satisfactorily detailed and set forth in the standard specifications.
Standard Plans.
Unless otherwise noted, “Standard Plans” shall be referring to City of Langley Standard Plans.
"Standard specifications"
means those specifications adopted for municipal construction in Section 15.01.025.
"Street frontage"
means the distance between the two points where the lot lines intersect the boundary of public or private street right-of-way.
"Structure"
means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, but not to include utilities for the purpose of this chapter.
"Subject property"
means the tract of land which is the subject of the permit and/or approval action.
“Surveyor”
means a professional land surveyor licensed by the State of Washington
“Target Speed”
means a speed determined for design and correlation of the physical features of a roadway that influence vehicle operation to achieve a balance of motoring and active transportation safety and mobility.
"Technical Manual"
means the Stormwater Management Manual for the Puget Sound Basin prepared by the Washington Department of Ecology.
"Trail"
means an improved but natural path or way set aside for public and private use providing an access route to, from or between points of interest and intended for use by pedestrians, equestrians, bicycles and/or other nonmotor vehicular users.
"Tree"
means any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of four inches or more measured at 24 inches above the ground level.
"Undeveloped lot"
means a lot or parcel of land upon which no structure exists.
Use of Pronoun.
As used herein, the singular shall include the plural, and the plural the singular; any masculine pronoun shall include the feminine or neutral gender and vice versa; and the term "person" includes natural person or persons, firm, partnership, corporation or association, or combination thereof.
“Utility”
means (1) a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, water, steam, sanitary sewer, storm drainage, or any other similar commodity which directly or indirectly serves the public; (2) the privately, publicly, or cooperatively owned company that owns the line, facility, or system.
"Walkway"
means a pedestrian access which is constructed of asphalt concrete pavement. Walkways may be located in right-of-way or on private property and may be connected to or separate from a street.
"Wetlands"
means wetlands as defined in Chapter 16.20 as it now exists or is hereafter amended.
“Work Within the Right-of-Way Permit”
means a permit issued by the City of Langley authorizing an applicant to construct, install, repair, or maintain any facility or improvement – other than a utility or access – within a City right-of-way, or to use the right-of-way in a manner that impedes or affects pedestrian or vehicular traffic.
"WWHM3"
means the Western Washington Hydrology Model, Version 3.
Yield Roadway.
See “Shared Street.”
(Ord. 743, 1997; Ord. 862, 2005; Ord. 921, 2009; Ord. 970 § 1, 2012; Ord. 1139, 12/1/2025)
A. 
This chapter shall apply to the following land development actions or permits, as applicable:
1. 
Subdivisions.
2. 
Short subdivisions.
3. 
Condominiums/multifamily developments.
4. 
Planned unit developments.
5. 
Business and commercial development.
6. 
Campgrounds and recreational facilities.
7. 
All building permits, except single-family residential and accessory structures with less than 5,000 square feet total of impervious surface area, except as provided for in Section 15.01.425 and Sections 15.01.680 through 15.01.715.
8. 
Grading and timber clearing.
9. 
Construction or development activity related to approval of rezones, conditional use permits, binding site plans, shoreline substantial development permits and other similar permits and/or approvals.
10. 
Access permits sought in conjunction with or subsequent to any of the above-mentioned land development actions or permits.
B. 
Commencement of construction work under any of the above-mentioned actions or permits, including the initial clearing of any proposed land development, shall not begin until such time as final approval of the drainage, erosion/sedimentation control, and/or grading plans is obtained, or a waiver therefrom is granted by the city in accordance with the provisions of this chapter.
C. 
These standards shall govern all new construction and upgrading of facilities both in the right-of-way and on site for transportation and transportation related facilities; storm drainage facilities; sanitary sewer and water improvements; and park, recreation, and open space facilities.
(Ord. 743, 1997)
A. 
Design detail, workmanship, and materials shall be in accordance with the current edition of the "Standard Specifications for Road, Bridge and Municipal Construction," the "APWA Amendments to Division One," and the "Standard Plans for Road, Bridge and Municipal Construction," all written and promulgated by the Washington State Chapter of the American Public Works Association and the Washington State Department of Transportation, except where these standards provide otherwise.
B. 
The most current edition of the following specifications shall also be applicable:
1. 
Conditions and standards as set forth in the city of Langley water system plan.
2. 
Conditions and standards as set forth in the city of Langley comprehensive sanitary sewer plan.
3. 
Conditions and standards as set forth in the Langley comprehensive plan.
4. 
Conditions and standards as set forth in the Langley comprehensive stormwater management plan.
5. 
Criteria set forth in the local agency guidelines as amended and approved by Washington State Department of Transportation (WSDOT).
6. 
City and County Design Standards for the Construction of Urban and Rural Arterial and Collector Roads Promulgated by the City Engineers Association of Washington.
7. 
Conditions and standards as set forth in the current WSDOT Design Manual as amended and approved by WSDOT.
8. 
United States Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD), as amended and approved by Washington State Department of Transportation.
9. 
WSDOT Construction Manual as amended and approved by Washington State Department of Transportation.
10. 
Rules and regulations of the State Board of Health regarding public water supplies, as published by the State Department of Health.
11. 
Conditions and standards as set forth in the State of Washington Department of Ecology "Criteria for Sewage Works Design."
12. 
Conditions and standards as set forth by the State of Washington Department of Labor and Industries.
13. 
Rules and regulations as adopted in the Langley Municipal Code.
14. 
Low-impact development measures as set forth in the Low Impact Development Technical Guidance Manual for Puget Sound (Puget Sound Action Team Publication No. PSAT 05-03 as it now exists or is hereafter amended).
15. 
Requirements as outlined by the Stormwater Management Manual for Western Washington (Department of Ecology Publication Nos. 05-10-029 through 05-10-033 as they now exist or are hereafter amended).
16. 
Requirements as outlined in the Langley six-year transportation plan.
17. 
Other specifications not listed above as may apply when required by the city of Langley.
18. 
The city engineer shall have the authority to establish additional standards, in accordance with accepted practice and in the city's best interest.
C. 
The city council may impose such conditions upon the approval of any main extensions as the council may determine will promote the public health, safety and welfare of the users of the system.
(Ord. 743, 1997; Ord. 862, 2005)
A. 
All development within city jurisdiction shall be served by the city water and sewer systems except where otherwise provided in Langley Municipal Code. Developers are required to extend the existing system across the full frontage of the property being developed and upon approval of construction and conveying or deeding the system so constructed to the city. Joint participation by the city may be applicable where oversizing is deemed appropriate in the city's comprehensive water system plan and/or comprehensive sewer plan. City approval is required prior to construction. Latecomer agreements where appropriate will be administered by the city.
(Ord. 743, 1997; Ord. 798, 2001)
A. 
The person(s) desiring to install a main extension shall apply to the public works department, requesting permission to extend the city's utility system. The city shall review the application and make a decision regarding the requested extension.
B. 
If the requested main extension is determined to be an improper extension of the utility system, the application shall be denied.
C. 
Construction costs of all utility extensions to the city utility system shall be paid for by the property benefited thereby. Said costs shall include, without limitation, engineering fees, administrative expense, inspection fees, and the cost of any required appurtenances.
D. 
Main extensions may be made by private contract or through local improvement districts.
E. 
Any main extension shall be constructed by a licensed and bonded contractor in the state of Washington.
(Ord. 743, 1997)
A. 
Detailed plans, prepared by a licensed engineer, must be submitted to the city for plan review and approval prior to the commencement of any construction. Applicant's engineer shall be a professional engineer, registered as such in the state of Washington. All plans must be signed and stamped by the applicant's engineer prior to submittal for plan review. Final plans shall be approved by the city engineer prior to the start of construction.
B. 
Five folded copies of the plans are required to be submitted along with a completed checklist. All drawings shall be on 24-inch by 36-inch sheet size.
C. 
Plans and profile drawings are required for all proposed transportation related improvements, street illumination, storm drainage facilities, and sewer and water improvements. For specific minimum requirements, see the plan checklist. Projects of a small scope (i.e., relocating one hydrant) may not require engineered plans and can instead be handled via a right-of-way use permit. This decision will be made by the city engineer during the pre-application meeting.
D. 
Specifications shall be submitted with the plans if general notes do not adequately cover the project requirements.
(Ord. 743, 1997)
A. 
All plans are to be submitted to the city land use coordinator along with a plan review deposit in an amount as set by the land use coordinator. Any necessary easements or dedications shall be submitted for review along with the plans. A check of the plans against the plans checklist will be made by city staff. If the plans meet the minimum checklist requirements as to content, they will be routed to the appropriate city staff and the plan review process begins.
B. 
Initial review of plans submitted normally requires about two weeks. The design engineer is then requested to submit the original drawings for approval or if the plans are found to be incomplete, the design engineer is notified of additional required revisions. Additional review time will be required if revisions are necessary.
C. 
If plans require a third submittal, additional fees will be levied as established by resolution of the city council. "Third submittal" means the third and any subsequent submittal of construction drawings, specifications, drainage calculations, and/or other information that requires additional plan checking pertaining to the construction of proposed facilities.
D. 
Approved plans will be returned to the design engineer only after the plan checking fees have been paid in full.
E. 
Plans that have been approved for 365 days and construction has not started (i.e., a pre-construction meeting scheduled and inspection fees paid) shall be subject to additional review based on the hourly rate as established for third submittal.
(Ord. 743, 1997)
A. 
All setback requirements of the city of Langley must be sufficient to protect the public health, safety and welfare.
B. 
When only a portion of land having the same ownership, including contiguous property, is being developed, a generalized plan for the entire ownership shall be required at the time of application to indicate that the roadways, drainage and general design can be coordinated with the entire ownership when fully developed.
C. 
Roadway systems shall be planned and designed to facilitate the development of an integrated public roadway network. The number of external accesses, including emergency vehicle access, will be determined during preliminary plat review. Any right-of-way of less than city standards for public roads shall be retained permanently as privately owned and maintained; except when subsequently the street is developed to adopted city standards and specifications, and established as a city road in accordance with the provisions of law.
D. 
Maintenance responsibilities and the method of financing said maintenance for all privately owned and operated facilities, e.g., water, sewer, drainage, and road systems shall be established prior to approval of development actions.
E. 
Nothing herein shall be construed to preclude the imposition of additional requirements for offsite access road improvements as a condition of approving a preliminary plat, preliminary short plat, rezone, binding site plan, conditional use or other discretionary land use permit of approval, where such additional improvements are found by the city approving authority to be necessary in order to provide either adequate road access to the proposed development, or to mitigate traffic hazards caused or aggravated by the proposed development.
F. 
Future Public Right-of-Way Tracts or Trail Systems. The dedication of sufficient right-of-way may be required when it is necessary for public health, safety and welfare, consistent with the Langley comprehensive plan, to provide for future public street, or trail system right-of-way to assure the orderly development of neighborhood circulation. The dimensions of such tract, when required, shall be consistent with the adopted standards and plans for public streets, roads, and tracts attached. Such tracts may contain a private road consistent with the requirements of this chapter.
G. 
If the access road serving and/or adjoining a development is a state road, highway, or county road, required dedication and/or improvements thereto shall be governed by the provisions of this chapter as they relate to city roads, unless specified otherwise by the Washington State Department of Transportation, county engineer or city engineer.
H. 
In order to protect and preserve the function and character of adjoining public roadways, access to adjoining public roads may be restricted or denied by the city. In such circumstances, the developer shall be required to fulfill the access road requirements herein stated.
I. 
The city engineer may require the construction of individual or common lot accesses concurrent with roadway construction when said access requires excessive cutting or filling to meet the city's standard requirements or to protect the public interest.
(Ord. 743, 1997)
A. 
Work performed for the construction or improvement of city roads and utilities, whether by or for a private developer or by a city contractor, shall be done to the satisfaction of the city and in accordance with approved plans. It is emphasized that no work shall be started until such plans are approved and the required bond posted (see Section 15.01.075). Any revision to such plans shall be approved by the city before being implemented. Failure to receive the city's approval prior to construction can result in removal or modification of construction at the contractor's or developer's expense to bring it into conformance with approved plans.
B. 
The city reserves the right to reject any installation not inspected and approved by the public works director.
C. 
Upon satisfactory completion of all required tests and acceptance of the main extension, the city will allow the extension to be connected to the city system.
D. 
No water main extension shall be energized except for test purposes or sewer mains connected to the existing system until the new extension has been accepted by the city and all fees and charges have been paid. If energizing a water main is necessary to restore service to existing customers, fire hydrants will not be activated until city acceptance of the water main extension.
E. 
Upon completion of a main extension, the applicant shall provide the public works department with a reproducible mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile. No main extension will be accepted until satisfactory "as-built" drawings are provided.
F. 
The permit holder shall provide the city with warranty bill of sale for all main extensions as a condition of acceptance of the main by the city. Forms are available from the public works department.
(Ord. 743, 1997)
A. 
All work performed within the public right-of-way or easements, or as described in these standards, whether by or for a private developer or by a city contractor, shall be done to the satisfaction of the city and in accordance with the WSDOT/APWA Standard Specifications, any approved plans and these standards. Unless otherwise approved, any revision to construction plans must be approved by the city before being implemented.
B. 
It is the responsibility of the developer, contractor, or their agents to notify the city in advance of the commencement of any authorized work. A pre-construction meeting and/or field review shall be required before the commencement of work. Inspection fees shall be paid on or before the pre-construction meeting. Any necessary easements or dedications are to be reviewed and approved by the city prior to plan approval.
C. 
It is the responsibility of the developer, contractor or their agents to have an approved set of plans and any necessary permits on the job site whenever work is being accomplished.
D. 
The city shall have authority to enforce these standards as well as other referenced or pertinent specifications. The city will appoint project engineers, assistants and inspectors as necessary to inspect the work, at the developer's expense, and they will exercise such authority as the city public works director may delegate.
E. 
All specific inspections, test measurements or actions required of all work and materials are set forth in their respective chapters herein. Tests shall be performed at the developer's or contractor's expense.
F. 
Failure to comply with the provisions of these standards may result in stop work orders, removal of work accomplished, or other penalties as established by ordinance.
G. 
A project is considered final when a letter of acceptance is issued by the city to the party responsible for the project.
H. 
No water meters shall be installed to any lot or building served by a project until final acceptance has been granted.
(Ord. 743, 1997)
A. 
Fees, charges or bonding requirements shall be as established by the city council by the passage of a resolution adopting a fee, charge, and bonding requirement schedule except where specifically set forth in the Langley Municipal Code (LMC). A copy of the fee schedule can be obtained at Langley City Hall. It is the applicant's responsibility to verify that the fees in the schedule are current.
B. 
A plan check fee deposit is due at the time of plan submittal. Any balance due on the plan check fee is payable prior to release of the approved plans. Any excess deposit will be refunded to the applicant upon release of the approved plans.
C. 
After city approval of the plans and specifications, the public works director shall provide the applicant with an estimate of the utility construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges have been deposited with the clerk-treasurer. At such time as the public works director determines the remaining funds are not adequate to provide necessary inspection for project completion, the applicant shall be notified of such, and an estimate of additional inspection fees required will be provided. The additional fees shall be deposited with the clerk-treasurer prior to depletion of the funds on deposit. Any moneys unexpended from the inspection deposit upon completion of the project shall be returned to the applicant.
D. 
In addition, there are various miscellaneous service and connection fees and charges. It is strongly urged that all applicants request an estimate of these fees and charges from the city's public works department at the pre-application meeting.
(Ord. 743, 1997)
A. 
Before any person, firm or corporation shall commence or permit any other person, firm or corporation to commence any work to grade, pave, level, alter, construct, repair, remove, excavate or place any pavement, sidewalk, crosswalk, curb, driveway, gutter, drain, sewer, water, conduit, tank, vault, street banner or any other structure, utility or improvement located over, under or upon any public right-of-way or easement in the city of Langley, or place any structure, building, barricade, material, earth, gravel, rock, debris or any other material or thing tending to obstruct, damage, disturb, occupy, or interfere with the free use thereof or any improvement situated therein, or cause a dangerous condition, a right-of-way use permit shall be obtained. A separate permit shall be obtained for each separate project.
B. 
In the case of work contracted for by the department of public works, the signing of the contract shall constitute a right-of-way use permit.
C. 
Much of the work covered under these standards will require multiple permit authority review and approvals. Several types of permits and approvals require prior approval from the authority before a building or other permit can be issued. Any questions regarding information about permits, approvals and agreements should be directed to the land use coordinator.
D. 
The following general categories describe some of the permits, approvals and agreements, along with issuing permit/code authority identified in parentheses:
1. 
Environmental Review. For some projects, an environmental checklist must be completed by the applicant and submitted along with plans, specifications, and other information when approval or permits are being requested for a project. The planning official conducts the environmental review and issues a SEPA threshold determination for the city. An applicant should consult with the land use coordinator to determine if an environmental checklist is required.
2. 
Construction Permits.
a. 
A fill and grading permit (building department) is required for all significant tree alterations, including plats. A land clearing, fill and grading permit is typically issued separately. A strict inventory and landscaping plan is required for all land clearing and grading permits.
b. 
Building Permit (Building Department). A building permit is required for most construction work. Demolition permits for structures greater than 4,000 total square feet require the submittal of an environmental checklist.
c. 
Right-of-Way Use Permit (Public Works Department). A right-of-way use permit is required for any work within the right-of-way as outlined at the beginning of this chapter. Such work may include utilities work, lane closures, curbs, sidewalks, and haul routes. Permission to temporarily close a street or portion thereof for construction activities is obtained through the right-of-way use permit.
d. 
Access Permit (Public Works Department). An access permit is required prior to construction or alteration of any driveway or road approach onto a city street or road.
3. 
Approvals and Other Permits.
a. 
There are several other permits or approvals which may be required and referred to in these standards: site plan review, plat and short plat approvals, water service and side sewer permits, building permit and certificate of occupancy.
b. 
In addition, there are several other city approvals (land use) which may have to be obtained prior to the above listed permits and which may affect the standards as contained in this document, including reclassification, conditional use, planned residential development, planned unit development, shoreline substantial development permit, and design review board approval. This list is not meant to be all inclusive. Consult with the land use coordinator to determine exact permit requirements.
(Ord. 743, 1997; Amended during 2013 reformat)
Bonds or other allowable securities may be required by the city to guarantee the performance or maintenance of required work. The type and amount of security shall be per city code, or, if not specified, at the discretion of the city. Types of securities include but are not limited to a bond with a surety qualified to do a bonding business in this state, a cash deposit, an assigned savings account, or a set aside letter. The following are the most frequent bonds required:
A. 
Performance Bond. No building permit shall be issued until all public improvements are completed and final acceptance granted or, with the approval of the director of public works, the permittee or the contractor for the permittee may post a performance bond naming the city as obligee or a cash surety may be posted with the city in an amount equal to 115 percent of the cost of the public works improvements prior to issuance of a building permit. A certificate of occupancy shall not be issued until all public works improvements are completed in accordance with approved plans and accepted by the city.
B. 
Maintenance Bond. Prior to final public works approval of any major improvements, the permittee or the contractor for the permittee shall post with the city a maintenance bond warranting materials and workmanship, naming the city as obligee, or a cash surety for the guarantee of the public works improvements in an amount equal to 10 percent of the total cost of the improvements for a period of one year after the completed improvements are accepted by the city.
(Ord. 743, 1997)
A. 
Utilities as defined in Section 15.01.015, within a right-of-way or easement on new roads or in roadways where existing utilities are not in conflict, shall be located as shown in typical sections in the standard drawings. Where existing utilities are in place, new utilities shall conform to these standards as nearly as practical and yet be compatible with the existing installations. Deviations of location shall be approved by the director of public works. Existing utilities shall be shown using the best information available. This verification may require exploration/excavation (pot holing) by the developer, if utilities are in conflict with proposed design. A street use permit shall be required for any exploration/excavation in city right-of-way.
The contractor/developer shall be responsible for requesting utility locates in conjunction with their project.
B. 
All new private utilities located in existing right-of-way within an existing subdivision or on easements within a subdivision shall be installed underground by the utility owning said facility and new and existing facilities shall comply with provisions as set forth in these standards and as directed by the public works director. Easements for public utilities shall be as set forth in franchise agreements between the city and the utility.
C. 
A right-of-way use permit is required of any utility, except city owned facilities and utilities, who hold a franchise agreement with the city for any work done within the right-of-way, and shall comply with all provisions of these standards.
(Ord. 743, 1997)
A. 
Where city owned utilities and/or their conveyance systems cross private lands, an easement must be granted to the city. The city will generally process, record and file all easements on city initiated projects. The cost of recording and filing shall be paid by the developer. If the property is platted, the easement may be conveyed when the short plat or final plat is filed. All easements not shown on a plat must be prepared by a licensed land surveyor or engineering firm capable of performing such work.
B. 
Easement widths shall be a minimum of 20 feet for utilities. An easement as narrow as 15 feet may be allowed under special conditions as determined by the city engineer. Construction easements shall be 30 feet minimum in total width, including the permanent easement. When trench depths dictate or where pipe diameter or vault widths exceed four feet, a wider easement may be required by the city engineer.
C. 
Easements are required to be prepared by the applicant and submitted in draft, unsigned for review and approval prior to plan approval. Signed copies are required prior to final city acceptance of a project. Any change in design which places an amenity, i.e., water, sewer, sidewalk, etc., outside of the easement may necessitate stopping of construction until plans and easements can be resubmitted and approved. Plan review fee shall be based on the rate as established for third submittal fee. Easements will be recorded by the developer upon satisfactory completion of the work.
(Ord. 743, 1997)
A. 
Purpose. This section is intended to implement and thereby make available to the city and the public the provisions of Chapters 35.72 and 35.91 RCW as presently constituted or as may be subsequently amended.
B. 
Application Authorized – Term. Any applicant (developer) utilizing private funds to install street, water, sewer (sanitary and/or storm) or other related improvements and appurtenances may apply to the city to establish a latecomer agreement for recovery of a pro rata share of the cost of constructing said public improvements from the owners of the other properties that will later derive a benefit from said improvements. No reimbursement agreement or latecomer agreement shall extend from a period longer than 15 years from the date of final acceptance by the city of the applicable public improvement. The city council shall have discretion to authorize or not to authorize latecomer agreements on a case-by-case basis.
C. 
Rights and Nonliability of City. The city reserves the right to refuse to enter into any latecomer agreement or to reject any application therefor at the city's sole discretion. No latecomer agreement shall be legally effective until the city council adopts an ordinance approving the latecomer agreement at a public meeting of the city council. All applications for latecomer agreements shall be made on the basis that the applicant releases and waives any claims for any liability of the city in the establishment and enforcement of any latecomer agreements. The city shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through latecomer agreements.
D. 
Application Requirements. All applications, procedures and policies for latecomer agreements shall be approved and established by the mayor or his/her designee, and shall be accompanied by all nonrefundable application fees set forth in the city's land use fee schedule or in any fee schedule subsequently adopted by the city. The latecomer agreement application must be submitted for city review prior to city acceptance of the improvements for which reimbursement is sought.
E. 
Eligibility of Applicants. In order to be eligible to apply for a latecomer agreement, the applicant shall be in compliance with all city ordinances, rules and regulations relating to any development application or project associated with the proposed latecomer agreement.
F. 
Procedures for Latecomer Agreements.
1. 
The applicant (developer) proposing to establish a latecomer agreement shall submit a preliminary estimate and proposed reimbursement/benefit area ("benefited area") boundaries as part of the engineering drawings submitted as part of the initial project application. Following utility/street installation/construction and city acceptance of same, the applicant (developer) requesting a latecomer agreement shall submit detailed construction plans and drawings for the project together with a site plan, map or diagram of the proposed benefited area which documents shall be prepared and stamped by a licensed professional civil engineer and which shall identify the proposed boundaries of the benefited area and each separately owned parcel of real property located within the benefited area and the location of the project in relation to all parcels of real property located within the benefited area, and an itemized cost estimate for the entire project based upon the plans of the civil engineer from which reimbursable costs shall be estimated, together with assessor's reports (including names and mailing addresses) of all real properties within the benefited area, and such other information and documents as the city may require.
2. 
The applicant (developer) requesting a latecomer agreement shall submit, along with the application, the nonrefundable application fee set forth in the city's land use fee schedule, which application fee shall be applied to the city's legal, engineering and administrative costs in processing the application for the latecomer agreement, which costs shall be included as reimbursable costs in the latecomer agreement; provided, that whenever the city's actual engineering, legal, administrative or other costs exceed the amount of the initial nonrefundable application fee, the applicant shall be required to pay to the city the estimated cost of said excess costs and the city shall not be obligated to continue to process the application until such costs have been paid to the city in full. In addition, the city will charge a 10 percent administrative fee for handling each transaction, said fee to be deducted from all latecomer fees collected.
3. 
The mayor or his designee will determine the boundaries of the benefited area based upon a determination of which parcels of real property are within the benefited area and which of such parcels will not contribute to the original cost of street and utility system improvements and who may subsequently connect to, drain to or use the same including uses connected to laterals or branches connecting thereto.
4. 
The mayor or his designee, based on information submitted by the applicant with the application for the latecomer agreement, will establish an estimate of the pro rata share of costs. The mayor or his designee may require the applicant to supply the city with engineering costs and/or competitive construction bids prior to the establishment of the estimate.
5. 
The mayor or his designee, at his/her discretion, shall have the right to require the applicant to pay, in advance, the costs of an appraiser retained by the city to assist the mayor or his designee in formulating the assessment reimbursement area and the estimate of the proration of costs.
6. 
Prior to the execution of a contract with the applicant for a latecomer agreement, the mayor or his designee shall deliver by certified mail a notice required by the applicable state law to all property owners within the benefited area stating the preliminary boundaries of the benefited area and pro rata share of assessments for costs of the project, and stating that each property owner has the right to request a public hearing to be held before the city council to consider the application for the latecomer agreement, including the preliminary boundary of the benefited area and preliminary assessment of costs to the affected property owners. If no hearing is requested, the city council may consider and take final action on the latecomer agreement at any public meeting held more than 20 days after notice was mailed to the affected property owners. If the city receives a request for a public hearing, a public hearing will be held by the city council thereafter, with notice of the public hearing given to all affected property owners at least 20 days in advance of the hearing. At the hearing, the city council shall determine whether to accept, reject or modify the proposed latecomer agreement, or any provision thereof, including but not limited to the boundaries or proration of costs. If the city council accepts the latecomer agreement, the council shall establish the boundaries of the benefited area; provided, that the city council may only modify the boundary of the benefited area upon prior notice to the owners of the property affected by the modification. The decision of the city council shall be final and determinative.
7. 
The latecomer agreement shall have no legal effect and shall be null and void unless it is recorded with the Island County auditor within 30 days of the final execution of the agreement. It shall be the sole responsibility of the applicant for the latecomer agreement to record said agreement at his expense.
8. 
Once recorded, the latecomer agreement shall be binding on all owners of record of all real properties located within the benefited area who are not party to the latecomer agreement.
9. 
The city shall neither issue a building permit or similar development permit or approval nor grant permission to use water or sewer service unless the city has received full payment of the assessment applicable to the property connecting to or using the street and/or utility system improvements constructed by the applicant (developer); provided, if the validity of the latecomer agreement is challenged, the city reserves the right to issue a permit, approval or permission without liability or prejudice to the city, and without prejudice to any other rights or remedies available to the applicant (developer) under this section or otherwise at law or in equity.
G. 
Segregation. The public works director shall, upon the request of any property owner within the benefited area, segregate the assessment among portions of a particular parcel that is legally subdivided. The segregation shall be based upon the same factors applied when the assessments were originally established. The property owner seeking segregation of the assessment shall pay all costs to record the segregation as well as an administrative fee to the city based upon a segregation fee schedule to be established by the city from time to time.
(Ord. 743, 1997; Ord. 820, 2002; Ord. 874, 2006)
A. 
The developer/contractor shall be responsible for interim traffic control during construction on or along traveled roadways. Traffic control shall follow the guidelines of the WSDOT/APWA Standard Specifications. All barricades, signs and flagging shall conform to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD).
City utilities constructed within Island County right-of-way shall follow all traffic control requirements as set forth by Island County department of public works and MUTCD. The contractor/developer shall be responsible for obtaining any required county permits.
Signs must be legible and visible and shall be removed or covered at the end of each work day if not applicable after construction hours.
B. 
Road closures will not be allowed in normal circumstances. One lane of travel is to remain open to traffic at all times. When road closures and detours can not be avoided, the contractor/developer shall notify the public works director 48 hours in advance. The city may require a detour plan to be prepared, submitted and approved prior to closing any portion of a city roadway.
C. 
A right-of-way use permit shall be required before work in the right-of-way can commence. See requirements in Sections 15.01.070 and 15.01.075 and contact the department of public works for specific permit information.
(Ord. 743, 1997)
All developers/contractors are responsible for timely notification of all utilities in advance of any construction in right-of-way or utility easements. The utilities one-call Underground Location Center phone number is 1-800-424-5555.
(Ord. 743, 1997)