A.
The width of streets in feet shall not be less than the width required to accommodate a street improvement needed to mitigate the impact of a proposed development, as determined by the public works superintendent. In cases where a street is required to be improved, the width of the right-of-way shall not be less than the minimums indicated in the city's public works design standards.
B.
For subdivision and partition applications, wherever existing or future streets adjacent to property proposed for development are of inadequate right-of-way width the additional right-of-way necessary to comply with the public works design standards shall be shown on the final subdivision or partition plat prior to approval of the plat by the city. This right-of-way dedication shall be for the full width of the property abutting the roadway and, if required by the public works superintendent, additional dedications shall be provided for slope and utility easements if deemed necessary.
C.
For development applications other than subdivisions and partitions, wherever existing or future streets adjacent to property proposed for development are of inadequate right-of-way width, the additional right-of-way necessary to comply with the city's requirements as determined by the public works superintendent shall be dedicated to the city for use by the public prior to issuance of any building permit for the proposed development. This right-of-way dedication shall be for the full width of the property abutting the roadway and, if required by the public works superintendent, additional dedications shall be provided for slope and utility easements if deemed necessary.
D.
For development applications that will impact existing streets not adjacent to the applicant's property, and to construct necessary street improvements to mitigate those impacts would require additional right-of-way, the applicant shall be responsible for obtaining the necessary right-of-way from the property owner. A right-of-way dedication deed form shall be obtained from the public works superintendent and upon completion returned to the public works superintendent for acceptance by the city. On subdivision and partition plats the right-of-way dedication shall be accepted by the city prior to acceptance of the final plat by the city. On other development applications the right-of-way dedication shall be accepted by the city prior to issuance of building permits. The city may elect to exercise eminent domain and condemn necessary off-site right-of-way at the applicant's request and expense. The city council shall determine when condemnation proceedings are to be used.
E.
If the public works superintendent deems that it is impractical to acquire the additional right-of-way, as required in subsections B through D of this section, from both sides of the centerline in equal amounts, the public works superintendent may require that the right-of-way be dedicated in a manner that would result in unequal dedication from each side of the road. This requirement will also apply to slope and utility easements as discussed in RMC § 17.30.090 and § 17.30.100. The public works superintendent's recommendation shall be presented to the planning commission in the preliminary plat approval for subdivisions and partitions, and in the recommended decision on all other development applications, prior to finalization of the right-of-way dedication requirements.
F.
Whenever a proposed development is bisected by an existing or future road or street that is of inadequate right-of-way width according to the public works design standards, additional right-of-way shall be dedicated from both sides or from one side only as determined by the public works superintendent to bring the road right-of-way into compliance with this section.
G.
When a proposed development is adjacent to or bisected by a street required by the public works superintendent and no street right-of-way exists at the time the development is proposed, the entire right-of-way as required in the public works design standards shall be dedicated by the applicant. The dedication of right-of-way required in this subsection shall be along the route of the road as determined by the city.
(Ord. 974 § 4 (Exh. A.2 § 620), 1998)