23.70.030 Requirement and extent of right-of-way dedication and easements.
A. Developers may be required to dedicate rights-of-way to the city for road purposes as a condition of development approval when such dedication is found to be reasonably necessary by the applicable city decisionmaker for such development permit or approval, to mitigate an impact which is a direct result of a proposed development, for improvement, use or maintenance, and to accommodate future planned improvement of the road system serving the development.
Without limitation of the foregoing, dedication of public rights-of-way may be required in the following cases:
1. To obtain the right-of-way reasonably necessary for the construction of frontage improvements along the frontage of the development site in accordance with applicable city standards, including without limitation the regulations set forth in this title and the city of Monroe public works design, construction, and operations standards adopted thereunder. This may include without limitation, right-of-way as necessary to attain sufficient intersection sight distance.
2. To obtain the right-of-way reasonably necessary for the construction of any other improvements, either along the frontage of the development’s parcel or off site, as may be required through the development review process.
3. To obtain the right-of-way reasonably necessary such that an existing offset road shall be located within right-of-way after the right-of-way dedication.
4. To obtain the right-of-way reasonably necessary for maintenance of city road and/or drainage facilities.
5. To obtain the right-of-way reasonably necessary to accommodate future planned improvements as documented within the capital facilities element and/or the transportation element of the comprehensive plan.
B. Developers may be required to grant easements to the city for access and/or utility purposes as a condition of development approval when such easements are found to be reasonably necessary by the city decisionmaker for such development permit or approval, and to mitigate an impact which is a direct result of a proposed development.
Without limitation of the foregoing, granting of easements to the city may be required in the following cases:
1. To accommodate, house, and/or provide access to utility infrastructure necessary to serve the development, including without limitation water, sewer and storm utility facilities, in accordance with applicable city standards, including without limitation the regulations set forth in this title and the city of Monroe public works design, construction, and operations standards adopted thereunder.
2. To provide access for police, fire, ambulance and other emergency vehicles.
3. To obtain trails, pathways and similar facilities for pedestrian and nonmotorized traffic.
C. The size, extent, location and configuration of right-of-way and/or easements that are required for any particular development shall be in accordance with applicable city standards, including without limitation the regulations set forth in this title and the city of Monroe public works design, construction, and operations standards adopted thereunder, and/or otherwise determined on a case-by-case basis in consideration of all relevant circumstances. Provided, no dedication or easement shall be required that violates applicable statutory or constitutional standards. (Ord. 032/2022 § 1 (Exh. A))