TITLE 24
SUBDIVISION REGULATIONS

Chapters:

24.01 General Provisions

24.02 Preliminary Plat--Preapplication

24.03 Preliminary Plat

24.04 Final Plat

24.05 Improvements

24.06 Short Plat--Large Lot Divisions

24.07 Boundary Line Adjustments

24.08 Lot Line Elimination

24.09 Model Home

24.10 Geographic Information System

24.11 Penalties, Enforcement and Severability

Chapter 24.01
General Provisions

Sections:

24.01.010 Applicability.

24.01.020 Definitions.

24.01.010 Applicability.

  Every subdivision shall comply with the provisions of Chapter 58.17 RCW, this title and all future amendments or applicable federal, State or local laws.  After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions, shall be allowed only if the procedures of this title or the short plat ordinance are first followed, and this requirement shall be applicable to all plats approved prior to the effective date of the ordinance codified in this title.  Except for the large lot division procedure specified herein, the provisions of this title shall not apply to the following:

(a) Cemeteries and other burial plots while used for that purpose;

(b) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land, or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(c) Divisions made by testamentary provisions or the laws of descent;

(d) Divisions of land into lots or tracts classified for industrial or commercial use when City of DuPont has approved a binding site plan which authorizes specific uses of said land in accord with the City of DuPont Zoning Code; provided, that when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the County Auditor’s office on each lot, parcel, or tract created pursuant to the binding site plan; provided further, that the binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of lot, parcel, or tract; and provided further, that sale or transfer of such a lot, parcel, or tract in violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW;

(e) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when City of DuPont has approved a binding site plan in accordance with DuPont Zoning Code;

(f) A division made for the purpose of adjusting boundary lines which does not create any additional lots, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and areas for a building site;

(g) The transfer of contiguous unplatted lots if:

(1) The lots were created in compliance with all applicable State and City subdivision regulations in effect at the time of the creation of said lots; or

(2) The lots transferred and remaining lots are improved with dwellings;

Provided that transfers pursuant to item (1) or (2) shall not be effective until the proponent is issued a certificate of compliance from the Planning Department.  A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria above;

(h) A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act (Condominiums), if the City has approved a binding site plan for all of such land;

(i) Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.  (Ord. 378 § 1, Dec. 14th, 1988; Ord. 391 § 1, July 12th, 1989).

24.01.020 Definitions.

  As used in this title, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

“Block” is a group of lots, tracts or parcels within well defined and fixed boundaries.

“City” shall mean the City of DuPont.

“City Engineer” shall be a licensed professional engineer appointed by the Mayor, or designee, as the City Engineer or authorized designee.

“Council” means the DuPont City Council.

“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.  The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat, short plat or large lot subdivision showing the dedication thereon; and the acceptance by the public shall be evidenced by the owner by the presentment for filing of a final plat, short plat or large lot subdivision showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

“Department” means the City of DuPont Community Development Department.

“Developer” shall mean the person, party, firm or corporation who applies for approval of a subdivision, short plat or large lot subdivision.

“Director” means the Director of the City of DuPont Community Development Department or authorized designee or representative.

“Examiner” means the City of DuPont Land Use Hearings Examiner.

“Final plat” is the final drawing of the subdivision and dedication drawn to a scale not smaller than one inch equals 50 feet unless approval of another scale is given by the Director, prepared for filing for record with the county auditor and containing all elements and requirements set forth in State law and in this title.

“Geological hazard” means any hazard caused by natural or artificial causes which may damage persons or property and which would include but not be limited to slides, slippage or instability of earth, rock and soil.

“Improvement” shall mean any thing or structure constructed for the benefit of all or some residents of the subdivision or the general public such as but not limited to streets, alleys, storm drainage systems and ditches, sanitary sewer pipes or main lines, and storm drainage containment facilities.

“Large lot divisions” means any number of divisions of land into lots, tracts or parcels for any purpose, the smallest lot size of which is five acres or larger or one-one hundred twenty-eighth of a section or larger, except those divisions exempted by DMC 24.02.010.

“Lot” is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area.  The term shall include tracts or parcels.

“Model home,” is a dwelling in accordance with the City zoning code intended for display purposes.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.

“Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

“Short plat” is the map or representation of a short subdivision.

“Short subdivision” is any voluntary or involuntary division or redivision of land into four or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease or transfer of ownership.

“Subdivision” is any voluntary or involuntary division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership except as provided in the definition of “large lot divisions” of this section.  (Ord. 378 § 2, Dec. 14th, 1988; Ord. 07-835 § 1).

Chapter 24.02
Preliminary Plat--Preapplication¹

Sections:

24.02.010 Preapplication required.

24.02.010 Preapplication required.

  A preapplication shall be submitted prior to filing the preliminary plat application per DMC 25.175.020.  The purpose of the preapplication is to acquaint the applicant with the requirements of the DuPont Municipal Code.  There is no filing fee.  (Ord. 07-835 § 1).

Chapter 24.03
Preliminary Plat²

Sections:

24.03.010 Procedure and fees.

24.03.020 Filing.

24.03.030 Application submittal.

24.03.040 Departmental review.

24.03.050 Examiner review.

24.03.060 Required written findings and determinations.

24.03.070 Appeals.

24.03.010 Procedure and fees.

  Preliminary plats shall be processed with a Type III procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.  (Ord. 07-835 § 1).

24.03.020 Filing.

  A preliminary plat of a proposed subdivision and/or dedication of land located in the City shall be submitted for approval by the Examiner by filing a complete application with the Department, and paying the application fee.  The Department shall prescribe the form and content for complete applications made pursuant to this section.  In addition to the contents of a complete application prescribed by the Department a complete application for preliminary plat approval must contain the information and documents required by the following section and City preapplication review comments.  (Ord. 07-835 § 1).

24.03.030 Application submittal.

  Whenever it is possible to subdivide land into five or more lots, tracts, sites or divisions, the applicant shall file with the Department one 8-1/2-inch by 11-inch clear plastic reduction and seven legible paper copies of the preliminary plat map.  Preliminary plat maps shall be at one inch equals 50 feet scale, drawn on 24-inch by 36-inch sheets, and include or be accompanied by the following:

(a) A completed general application form and environmental checklist, which can be obtained from the Department.

(b) The filing fee set by separate ordinance.  Said fee shall be paid at time of filing.

(c) Names and addresses of all property owners within 300 feet of the subject property, available from the county assessor’s office.

(d) Two sets of prestamped envelopes addressed to all property owners within 300 feet of the subject property.

(e) A vicinity map extending at least 800 feet in each direction from the proposed subdivision, or further if necessary to assist in locating the subdivision.  The vicinity map shall be drawn to a scale of one inch equals 800 feet.  The vicinity map shall show the following:

(1) Street layout in the subdivision;

(2) Existing and tentatively approved street layout within 200 feet of the subdivision;

(3) Zoning designations within, and adjacent to, the subdivision;

(4) All property lines within 200 feet of the subdivision;

(5) Streams or watercourses, and public facilities such as schools and parks;

(6) All 100-year floodplain and designated shoreline boundaries in, and within 200 feet of, the proposed subdivision;

(7) Any other pertinent information that will assist in locating the proposed subdivision.

(f) A title block in the lower right corner of the preliminary plat map, showing:

(1) The proposed name of the subdivision;

(2) The scale of the drawing;

(3) The date of the drawing;

(4) The name and address of the engineer, surveyor or other individual responsible for laying out the subdivision.

(g) A detailed plan of the proposed subdivision drawn to the scale of one inch equals 50 feet or larger, with the provision that for subdivisions of 50 acres or more the Director may authorize a smaller scale when an entire subdivision cannot be shown on a single sheet.  The detailed plan shall clearly show the following information:

(1) North arrow;

(2) The location, names and right-of-way widths of all existing and proposed streets and driveways within 250 feet of the boundaries of the proposed subdivision;

(3) The location, names and right-of-way widths of all proposed streets and their proposed paved width;

(4) Lot layout with lot line dimensions, the area in the square feet contained in each lot;

(5) The location and use of all existing buildings within the proposed subdivision, indicating which buildings are to remain and which are to be removed;

(6) The use and approximate location of all buildings within 150 feet of the boundaries of the proposed subdivision;

(7) The location, size and use of all contemplated and existing public areas within the proposed subdivision, and a description of the adaptability of the area for uses contemplated;

(8) The location, size and kind of public utilities in and adjacent to the proposed subdivision, indicating those utilities which will provide service to the proposed development and their planned location within the subdivision;

(9) Location and disposition of any wells, creeks, drainage courses, drainageways, septic tanks, drainfields, 100-year floodplain boundaries and easements in or within 200 feet of the proposed subdivision;

(10) Topography and two-foot contours certified by the engineer or surveyor within the proposed subdivision; or, as an alternative in the case of a partition of one acre or less, elevations at each existing and proposed property corner;

(11) Topography and at least 10-foot contours outside, but within 200 feet of, the proposed subdivision.  The base for such information shall be the National Geodetic Survey (U.S.G.S.), or other survey approved by the Director;

(12) The location of all Landmark Class trees and Oak Mapping Management Units as defined in the DuPont Zoning Code within the proposed subdivision, and for 150 feet beyond the terminus of all dead-end streets.  Individual trees in a stand of five trees or more need not be shown, but the area covered by the stand dripline shall be shown.  For trees outside the subdivision boundaries, the location of said trees may be based on aerial photographs or other methods acceptable to the Director, and which do not require the applicant to trespass on adjacent property;

(13) For all 100-year floodplain boundaries shown on the vicinity map, the elevation of the 100-year flood at the point immediately upstream from the subdivision, and the direction and distance to said point;

(14) The location of identified hazards or development limitation areas identified by the City of DuPont Critical Areas Map;

(15) The location of any State shorelines and associated wetlands within the subdivision, as defined by State law and the City of DuPont Shoreline Master Program.

(h) Profiles of all proposed streets within the proposed subdivision, showing grades to which the streets will be built, and the existing groundline of the proposed streets including the probable future extensions of any stub (dead-end) streets for a maximum distance of 150 feet beyond the proposed subdivision boundaries.  As an alternative, the preliminary plat map may show topography in two-foot contours within 50 feet of each side of the centerline of all probable future extensions of any stub (dead-end) streets for a distance of 150 feet beyond the boundaries of the proposed subdivision.  The contour information shall be certified by a registered engineer or surveyor.

(i) Slope analysis indicating areas where existing grades within the subdivision exceed 40 percent.  The percentage and area in square feet of the subdivision with slopes of 40 percent and above categories.

(j) Such additional information as the Director deems necessary.

(k) Whenever it is essential for purposes of evaluating environmental or other concerns, the City Engineer may require the developer to submit certain concept drawings prior to preliminary plat approval.  (Ord. 07-835 § 1).

24.03.040 Departmental review.

  If the preliminary plat, as filed, is in conformance with all of the City’s land use codes and is otherwise acceptable in form and substance, the Department shall receive the application and shall promptly forward copies of the preliminary plat to appropriate departments and governmental agencies for their review.

The Department shall review the application for consistency with City codes and policies, review comments provided by other governmental agencies and interested parties, and make appropriate recommendations to the Examiner.

The City Engineer, Pierce County and the Fire Department shall review and certify to the Examiner their respective recommendations as to the adequacy of the proposed street system and storm drainage system, the proposed sewage disposal and water supply systems, and fire protection services for the subdivision.  The recommendations of the City Engineer, Pierce County and the Fire Department shall become part of the record.  (Ord. 07-835 § 1).

24.03.050 Examiner review.

(a) The Examiner shall review all proposed preliminary plats and shall take such action thereon as to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the City.

(b) The decision by the Examiner is final and conclusive.  The Examiner’s written decision on the preliminary plat shall include findings and conclusions, based on the record, to support the decision.  (Ord. 07-835 § 1).

24.03.060 Required written findings and determinations.

(a) The Examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.  The Examiner shall determine:

(1) If appropriate provisions are made for but not limited to the public health, safety, and general welfare for open spaces, drainageways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and

(2) Whether the public interest will be served by the subdivision and dedication.

(b) A proposed subdivision and dedication shall not be approved unless the Examiner makes written findings that:

(1) Appropriate provisions are made for the public health, safety, and general welfare for open spaces, drainageways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and

(2) The public use and interest will be served by the platting of such subdivision and dedication.  If the Examiner finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the Examiner shall approve the proposed subdivision and dedication.  (Ord. 07-835 § 1).

24.03.070 Appeals.

  Any party of record may appeal the Examiner’s final decision to superior court in accordance with DMC 25.175.010.  (Ord. 07-835 § 1).

Chapter 24.04
Final Plat³

Sections:

24.04.010 Time limitations.

24.04.020 Procedure and fees.

24.04.030 Requirement for each final plat filed for record.

24.04.040 Certificate giving description, statement of owners, and dedication requirements.

24.04.050 Departmental review.

24.04.060 Council review.

24.04.010 Time limitations.

(a) In General.  A final plat meeting all of the requirements of law shall be submitted to the City within five years of the date upon which the approval of the preliminary plat is final.  The approval of a preliminary plat shall be automatically null and void without any further action by the City if final plat approval is not obtained within the time limitations specified herein.

(b) Extensions.

(1) Procedure.  A single, one-year time extension may be granted by the Director via a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.

(2) A written application for any extension of time under the provisions of this section shall be filed with the Department at least 90 days prior to the expiration of the existing period of approval currently applicable.  The applicable time period shall be tolled from the date of filing the application for extension until the date of the final decision by the City.

(3) Changed Conditions.  Upon filing of an application for extension, a copy shall be sent to each party of record together with governmental departments or agencies as were involved in the process of preliminary plat approval.  If any comment requests the alteration or expansion of conditions of approval, the applicant shall be provided with a copy of such proposal and a period of 14 calendar days in which to file objections, if any, and/or a request for formal hearing with the Examiner.  In the absence of such objection, the Director may conclude that the proposed change in conditions is acceptable to the applicant and proceed to a decision in accordance with procedures set forth in this section.

(4) Director--Decision--Appeal.  The decision of the Director to grant or deny extensions of time shall be final unless appealed in accordance with DMC 25.175.010(4).

(c) Phases.  If the developer desires to develop said subdivision in phases, each phase must be approved within the time limits specified herein.  (Ord. 07-835 § 1).

24.04.020 Procedure and fees.

  Final plat applications shall be processed with a Type IV procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.  (Ord. 07-835 § 1).

24.04.030 Requirement for each final plat filed for record.

  Each and every plat of any property filed for record shall:

(a) Contain a legal description of the plat which shall match the description on the title insurance report.

(b) Contain a dedication for all streets, easements, open space, tracts, or other parcels to be dedicated to the public or other specifically noted entities or organizations.

(c) Be acknowledged by the person filing the plat before the county auditor or any other officer who is authorized by law to take acknowledgment of deeds, and certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith.

(d) Contain certification from the assessor-treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.

(e) Contain a statement of approval from the City Engineer as to the construction of all streets and associated storm drainage systems.  Streets not dedicated to the public shall be clearly denoted on the face of the plat and the plat shall contain adequate provisions for the maintenance of the private streets.

(f) Contain either a certification from Pierce County as to the means of sewage disposal or signature line on the face of the plat for Pierce County Utility.

(g) Contain answers to all preliminary plat conditions.

(h) Contain a final plat filing fee receipt.

(i) Be accompanied by a complete survey of the section or sections in which the plat or re-plat is located with all survey work being done in compliance with RCW 58.24.040.  The final plat shall follow the format as shown on the City formal plat standards as now enacted or hereafter amended.

(j) Be submitted to the Department along with the following:

(1) Seven paper prints.

(2) Two copies of a title report, not more than 30 days old, from a title insurance company containing the complete and correct legal description of the plat, listing all easements of record which affect the property and confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the dedication.

(3) Final plat land use breakdown sheet.

(4) One copy of the plat boundary, individual lots and street centerline computer closures for the plat.

(5) Related plat documents, including, but not limited to:  plat performance bond; plat landscape and irrigation performance bond; plat water system bill of sale; and agreement for right-of-way and landscaping maintenance.  (Ord. 07-835 § 1).

24.04.040 Certificate giving description, statement of owners, and dedication requirements.

  Every formal subdivision, short subdivision or large lot subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat drawing, including a statement that the subdivision of property has been made with the free consent and in accordance with the desires of the owner(s) or contractor purchasers.  If the subdivision of property includes a dedication, the certification shall also contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat document and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said street.  Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.

Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quit-claim deed to the said donee or donees and/or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid.  (Ord. 07-835 § 1).

24.04.050 Departmental review.

  City staff shall review final plats for compliance to the criteria below and make recommendations to the Director.

(a) The final plat meets all standards established by State law and this title relating to final plats;

(b) The proposed final plat bears the certificates and statements of approval required by this title and State law;

(c) The final plat meets the conditions of preliminary plat approval and City code;

(d) A title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision and is vested in the name of the owners whose signatures appear on the plat’s certificate;

(e) The facilities and improvements required to be provided by the developer have been completed or, alternatively, that the developer has provided a performance bond, or cash deposit in lieu thereof, or other security commonly used by banking and lending institutions; provided further, that the bond, cash deposit, or other security, as hereinabove required, shall be filed with the City Engineer and shall be in a form acceptable to the City Attorney and in an amount and with sureties commensurate with improvements remaining to be completed and securing to the City the construction and installation of the improvements within a fixed time.  (Ord. 07-835 § 1).

24.04.060 Council review.

  The City Council shall review final plats in accordance with Chapter 25.175 DMC and Chapter 58.17 RCW.  The Director shall recommend approval if the proposed final plat meets the following criteria:

(a) The plat conforms to all terms of preliminary plat approval;

(b) Bond(s), if any, by their essential terms assures completion of improvements;

(c) The plat meets the requirements of State law and this title in effect at the time of preliminary plat approval.

After the City Council approves the plat, the Department shall forward the original signed drawings to the county auditor for filing.  The applicant shall forward six copies of the recorded plat to the Director.  (Ord. 07-835 § 1).

Chapter 24.05
Improvements⁴

Sections:

24.05.010 Dedications.

24.05.020 Required improvements.

24.05.030 Names and numbers of subdivisions, streets, blocks and lots.

24.05.040 Control monuments.

24.05.050 Bonds--Construction and guarantee.

24.05.010 Dedications.

(a) General.  All dedications shall be clearly and precisely indicated on the face of the plat as approved by the City.  Improvements and easements to maintain such improvements may be required to be dedicated.

(b) Access to Public Waters.  Plats of subdivisions containing land adjacent to publicly owned or controlled bodies of water shall contain dedications of public access to, around or beside such bodies of water unless the Examiner determines the public use and interest will not be served thereby.  Such dedications shall be of a size and nature as determined by the Examiner and shall be established when the preliminary plat is approved.  Such dedications may be required only when in compliance with all standards governing regulatory takings.

(c) Constructed to City Standards.  All streets, bridges, drains, culverts and related structures and facilities which are dedicated shall be designed and constructed in accordance with current standards promulgated by the City Engineer and in effect at the time of construction.  (Ord. 378 § 19, Dec. 14th, 1988; Ord. 07-835 § 1).

24.05.020 Required improvements.

(a) Plan and Profiles Required.  Prior to the construction of an improvement, the developer shall submit to the City Engineer five copies of the plan, profiles and specifications for said streets, drainage, utilities and other proposed improvements to be constructed in the proposed subdivision.  Plans and profiles shall be drawn upon standard 22-inch by 34-inch sheets or such other sheets as may be acceptable to the City Engineer.  Prior to construction, the construction plans for any dedicated improvement must be approved by the City Engineer and construction plans for other improvements may be required to be approved.

(b) Flood or Geological Hazard.  If any portion of the land within the boundaries shown on any map or plat of a division of land, whether formal plat or short plat or large lot division plat, is subject to flood hazard, inundation, geological hazard, mud slides or avalanches, as such conditions may be, but need not be, indicated in the most recent national flood insurance program, flood hazard boundary map (FHBM) for Pierce County, Washington, or other authoritative data, and the probable use of the property will require structures thereon or nearby, the Examiner or departmental reviewer may disapprove the subdivision, short subdivision or large lot division or that portion of the subdivision, short subdivision or large lot division so affected, and/or require protective improvements to be constructed as approved by the City, as a condition precedent to approval of the subdivision, short subdivision or large lot division.  If any portion of a lot or parcel of a subdivision is subject to flood hazard, inundation, geological hazard, mud slides or avalanches, such fact and portion shall be clearly shown on the final map or parcel map by a prominent note on each sheet of such map whereon any portion is shown.  No subdivision, short subdivision or large lot division shall be approved by the Examiner or departmental reviewer which is situated wholly or partially within a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology.

(c) Storm Drainage.  The City shall, as a condition of approval of any division of land, whether formal subdivision or short subdivision or large lot division, require the developer to construct storm drainage facilities in conformance with the City’s public works standards.

(d) Fire Protection.  The developer shall provide water sources and/or facilities as required by law.  Subdivisions shall provide fire hydrants (or other adequate means) with adequate capacity and spacing to provide for fire protection.

(e) Sanitary Sewer.  Pierce County may condition the approval of any plat upon the developer’s installation of sanitary sewer connections and pipes properly constructed according to county standards.

(f) Street Frontage Improvements.  All plats shall install street frontage improvements at the time of construction as required by the City’s public works standards.  Such improvements may include curb and gutter, sidewalk, bus stops, street storm drainage, street lighting system, traffic signal modification, relocation or installation, utility relocation, landscaping and irrigation, and street widening all per these standards.  Plans shall be prepared and signed by a licensed civil engineer registered in the State of Washington.  All frontage improvements shall be made across full frontage of property from right-of-way line to right-of-way line.  (Ord. 378 § 20, Dec. 14th, 1988; Ord. 07-835 § 1).

24.05.030 Names and numbers of subdivisions, streets, blocks and lots.

(a) Subdivision Names.  Subdivision names shall be chosen by the developer in coordination with the City and placed on the drawings.

(b) Street Names and Numbers.  All lots and public and private streets established by subdivision, short subdivision or large lot division shall have street names or numbers assigned and clearly shown on the plats prior to approval and recording.  Street names and numbers shall be assigned by the City.  All street names, lot addresses and tract addresses shall be clearly labeled on the face of the plat.  (Ord. 378 § 21, Dec. 14th, 1988; Ord. 07-835 § 1).

24.05.040 Control monuments.

Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, and this title, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided.  The City Engineer shall determine the number and location of permanent control monuments within the plat.  (Ord. 378 § 22, Dec. 14th, 1988; Ord. 07-835 § 1).

24.05.050 Bonds--Construction and guarantee.

  The City, in lieu of actual construction of certain limited improvement by the developer of any formal subdivision, short subdivision or large lot division, may accept a bond in an amount and with surety and conditions satisfactory to it or other secure methods providing for and securing to the City pursuant to RCW 58.17.130.  City bond policies and forms are contained in the DuPont Street Standards.  (Ord. 378 § 23, Dec. 14th, 1988; Ord. 07-835 § 1).

Chapter 24.06
Short Subdivisions--Large Lot Subdivision⁵

Sections:

24.06.010 Applicability.

24.06.020 Short plat procedure and fees.

24.06.030 Filing.

24.06.040 Owner’s free consent.

24.06.050 Survey.

24.06.060 Departmental review.

24.06.070 Review criteria.

24.06.080 Summary approval.

24.06.090 Appeals.

24.06.100 Alterations.

24.06.110 Large lot divisions.

24.06.010 Applicability.

  Every short plat and short subdivision shall comply with the provisions of this chapter.

(a) Exemptions.  The provisions of this chapter do not apply to the following:

(1) Deed releases, for the purpose of obtaining building financing; provided, that a short plat is required if said parcel is separately sold or if all land specified by the contract is not acquired.

(2) Divisions which were surveyed in accordance with the Survey Recording Act and are recorded with the auditor.

(3) Up to six model homes may be established on a single tract of land without short platting; provided, the City has approved a preliminary subdivision which includes the specific lots upon which the model homes are to be located.

(4) Divisions made by court order; provided, that this exemption shall not apply to land divided pursuant to dissolution or any partition proceedings.

(5) Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.

(6) Any division or divisions of land for the sole purpose of enabling the City of DuPont or other public agency to acquire land, either by outright purchase or exchange, for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.

(b) The entire original tract (except adjacent platted or short platted land) shall be included within one short plat application.

(c) Five-Year Restriction.  Short plats and large lot divisions, or any portion thereof, shall not be further divided by short subdivision within five years of the date of the short plat or large lot division approval pursuant to RCW 58.17.060(1).  This requirement shall be stated on the face of the short plat.  (Ord. 07-835 § 1).

24.06.020 Short plat procedure and fees.

  Except as provided by this chapter, a short plat shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.  (Ord. 07-835 § 1).

24.06.030 Filing.

(a) The Department shall prescribe the form and content for complete applications made pursuant to this section.  In addition to the contents of a complete application prescribed by the Department, a complete application for a short plat must contain the information and documents required by the following:

(1) A completed general application form and if applicable an environmental checklist.  Said forms and checklist to be obtained from the Department.

(2) The filing fee set by separate ordinance.  Said fee shall be paid at time of filing.

(3) Names and addresses of all property owners within 300 feet of the subject property, available from the county assessor’s office.

(4) One set of prestamped envelopes addressed to all property owners within 300 feet of the subject property.

(5) Such additional information as the Director deems necessary.

(6) Seven paper prints of a proposed short plat shall be filed with the Department.

(b) A short plat shall meet the following standards:

(1) Drawn in ink to a scale not smaller than one inch equals 50 feet or other approved scale or mylar, a sheet size of 18-inch by 24-inch.

(2) The plat shall show the boundary and dimensions of the “original tract” including its assessor’s parcel number, section, township and range, and all adjoining public or private streets and identifying names as such.

(3) A vicinity map drawn to a scale of four inches equals one mile or other approved scale of sufficient detail to orient the location of the original tract.

(4) Name and address of the owner of record of the “original tract,” scale of the drawing, and north directional arrow.

(5) All lots shall be identified by numerical designation.  The dimensions of each lot shall be shown.

(6) Width and location of access to all short platted lots.

(7) The location and use of all buildings on the original tract.

(8) Space or a second 18-inch by 24-inch mylar sheet shall be reserved for comments and appropriate City signatures.

(9) Where a survey is required, the form of the plat shall be as required by the Survey Recording Act.  (Chapter 50 Washington Laws of 1973, or as amended.)  (Ord. 07-835 § 1).

24.06.040 Owner’s free consent.

  The contract purchasers shall sign a statement prescribed by the Department signifying that the short plat is made with their free consent and in accordance with the desires of the owners.  (Ord. 07-835 § 1).

24.06.050 Survey.

  Recordable surveys shall be required.  All surveys shall be accomplished as required by Chapter 332-130 WAC and the “Survey Recording Act” (Chapter 58.09 RCW), except an additional recording will not be required for the “Survey Recording Act.”

All lot staking shall be completed by the certifying professional land surveyor prior to the recording of the short plat.

All short plat corners, including interior lot corners, shall be staked with steel rebar or metal pipe with a cap which permanently bears the land surveyor’s registration number.  When the plat corner(s) or lot corner(s) falls in a body of water, over the edge of a steep slope or other inaccessible area, an offset corner will be permitted.  When the boundary line of a short plat follows a meandering line, corners shall be set as directed by the City.  A meeting with City staff to discuss corner locations is recommended.

When the legal description of the short plat utilizes a partial or complete section subdivisional breakdown to establish the short plat boundaries, section subdivision survey information in accordance with the requirements of WAC 332-130-030 shall be shown on the short plat mylar.

All reference monuments used in the establishment of the short plat corners shall be identified, described, and noted as set or found on the short plat mylar.  When appropriate, the short plat survey shall reference the recorded or previous survey that was the basis for the short plat survey.

When the short plat is adjacent to a constructed City street and the short plat corner(s) or its offset represents a one-sixteenth corner, quarter corner, section corner, or donation land claim corner that is not of record or is lost or obliterated, a City standard monument(s) shall be placed in the City street.  In cases where a monument of record is found, the existing corner does not have to be replaced.

Whenever a short plat is adjacent to an existing City street and/or right-of-way, the centerline of that street shall be located on the short plat drawing.  If the existing constructed City street or maintained street section falls outside of the documented right-of-way, the surveyor shall identify the existing edge of pavement and limits of the maintained street section on the short plat drawing and show its relationship to said centerline.  (Ord. 07-835 § 1).

24.06.060 Departmental review.

(a) The City Engineer shall review the short plat for adequacy of access, storm water drainage facilities, water supply, survey accuracy, feasibility for building sites and for compliance with the public works standards.

(b) The Department shall review the short plat for conformance with zoning laws, the comprehensive plan and subdivision code, DMC Title 23, Environment, DMC Title 25, Land Use Code, and shoreline management use regulations, and review comments provided by other governmental agencies and/or interested parties.

(c) Pierce County shall review the short plat for adequacy of the sewer system.

(d) The Fire Department shall review the short plat for adequacy of the fire protection water system and access for fire-fighting equipment.  (Ord. 07-835 § 1).

24.06.070 Review criteria.

  Short plat applications shall be reviewed and may be conditioned to conform to the following items:

(a) Access.

(1) General.  The short plat shall be reviewed for compliance with the public works standards including adequate ingress and egress to all proposed lots.  Extension of streets or access rights from property line to property line of the short subdivision land may be required so that the street may be extended in the future.  If there is other reasonable access available, the City Engineer may limit the location of direct access to City arterials or other City streets.  When an adjoining landowner will be obligated to construct or maintain a future street, a note to this effect shall be stated on the face of the short plat.

(2) Private Streets.  Unless the City has existing plans, maps, sketches or studies for a City arterial on the properties in issue, the City Engineer may approve private streets if all persons and their successors, who own the land adjoining the street within the short plat, have equal legal rights to use said private street area, and a note indicating such is placed on the short plat drawings.  Said developer and/or adjoining landowners and their successors shall bear the expenses of constructing and maintaining said street and a note to this effect shall be made on the face of the short plat mylar.  Where the short plat or land beyond the short plat is being divided into more than four lots, private streets shall not be allowed.

(b) Drainage.  The short plat shall be reviewed for compliance with the public works standards including but not limited to adequate drainage facilities.  Requirements for any necessary facilities may be required to be on the face of the short plat.

(c) Sewer.  The short plat shall be reviewed for potential sewer adequacy.  If known local conditions exist which may affect future building sites, these conditions may be stated on the face of the short plat.

(d) Feasibility for Building Sites.  Areas which are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions, mud slides or avalanche may be noted on the face of the short plat.

(e) Water Supply and Fire Protection.  The short plat shall be reviewed for potential adequacy of water supply and fire protection.

Subsections (a) through (e) of this section may be considered as criteria for which a short plat may be denied.  Existing City standards shall be used during the review process.

(f) DuPont Comprehensive Plan, DuPont Municipal Code and Any Other City Plan, Policy or Requirement.  The short plat shall be reviewed and may be conditioned to insure compliance with applicable policies of the DuPont Comprehensive Plan, applicable requirements of the DuPont Municipal Code and any other applicable City plans, policies or requirements.  (Ord. 07-835 § 1).

24.06.080 Summary approval.

(a) Procedure.

(1) The Department shall forward two paper prints to the City Engineer, other City departments, any affected public utility agencies, the Fire Department, and Pierce County.

(2) Each department or official shall either recommend approval, disapproval, or return of the short plat for change.  The Director shall have the final authority to approve, approve with conditions or deny a short plat application.

(b) Required Written Findings for Short Plat.  The Director or designee shall inquire into the public use and interest proposed to be served by the establishment of the short plat and dedication.  The Director or designee shall determine:

(1) If appropriate provisions are made for but not limited to the public health, safety, and general welfare for open spaces, drainageways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

(2) Whether the public interest will be served by the short plat and dedication.

(c) A short plat and dedication shall not be approved unless the Director or designee makes written findings that:

(1) Appropriate provisions are made for the public health, safety, and general welfare, for open spaces, drainageways, streets or streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

(2) The public use and interest will be served by the platting of such subdivision and dedication.  If the Director or designee finds that the proposed short plat make such appropriate provisions and that the public use and interest will be served, then the Director or designee shall approve the proposed short plat and dedication.

(d) Effect of Approval.  The approval of a short plat shall not be a guarantee that future permits will be granted for any structures or development within said area and a notation to this effect shall be stated on the face of the short plat.  (Ord. 07-835 § 1).

24.06.090 Appeals.

  Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060.  (Ord. 07-835 § 1).

24.06.100 Alterations.

(a) Alterations to an approved short plat shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.  Alterations shall comply with RCW 58.17.215.

(b) This section shall not apply to boundary line adjustments or the alteration or any plat of State-granted tide or shore lands.

(c) If the short plat is subject to restrictive covenants that were filed at the time of the approval of the short plat, and an alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short plat or portion thereof.

(d) Preparation.  The application shall be drawn and shall meet the drafting standards as herein specified for short plats.  Drawings shall contain the signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions within the short plat or in that portion of the short plat to be altered.

(e) Hearing – Optional.  Pursuant to RCW 58.17.215, a notice of application shall be issued with a 14-day comment period.  The notice shall contain the following statement, “Any property owner within the proposed alteration may request a public hearing.  Said request shall be submitted in writing to the Director prior to close of the 14-day notice of application comment period consistent with RCW 58.17.215.”

(f) Approval Standards.  Alterations shall be subject to the same review criteria as herein specified for short plats.  Approvals shall comply with RCW 58.17.060 and 58.17.110.

The City shall determine the public use and interest in the proposed alteration and may deny or approve the application.  If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.  If any land within the alteration contains a dedication to the general use of persons residing within the short plat, such land may be altered and divided equitably between adjacent properties.

(g) Recording.  After City approval, the applicant shall produce a recordable drawing of the approved short plat alteration, which signature of the Mayor, City Engineer and Director shall be obtained and filed with the county auditor to become the lawful plat of the property.

(h) Appeals.  Any part of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060.  (Ord. 07-835 § 1).

24.06.110 Large lot divisions.

(a) Large lot divisions shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.

(b) Approval Standards.  Large lot divisions shall be subject to the same review criteria as herein specified for short plats.  Approvals shall comply with RCW 58.17.060 and 58.17.110.

(c) Preparation.  Large lot divisions shall be drawn and shall meet the drafting standards as herein specified for short plats.

(d) Recording of Surveyed Divisions.  After City approval, the applicant shall produce a recordable drawing of the approved short plat alteration, which signature of the Mayor, City Engineer and Director shall be obtained and filed with the county auditor to become the lawful plat of the property.

(e) Appeals.  Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060.

(f) Amendments to an approved large lot division shall be processed as a Type I procedure pursuant to DMC 25.175.010.

(g) Five-Year Restriction.  Short plats and large lot divisions, or any portion thereof, shall not be further divided by short subdivision within five years of the date of the short plat or large lot division approval pursuant to RCW 58.17.060(1).  This requirement shall be stated on the face of the short plat.  (Ord. 07-835 § 1).

Chapter 24.07
Boundary Line Adjustment⁶

Sections:

24.07.010 Purpose.

24.07.020 Scope.

24.07.030 Procedure and fees.

24.07.040 Filing.

24.07.050 Departmental review--Review criteria.

24.07.060 Control monuments.

24.07.070 Appeals.

24.07.010 Purpose.

  The purpose of this chapter is to clearly delineate the criteria used by City departments to review boundary line adjustments.  Boundary line adjustments provide a procedure for minor or insignificant changes in property lines.  A boundary line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a boundary line, or to remedy adverse topographical features.  A boundary line adjustment shall not be submitted that proposes boundary changes that would result in increased development or density otherwise regulated by applicable City land use codes and regulations, or to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision.  This chapter is also intended to ensure compliance with the Survey Recording Act.  (Ord. 07-835 § 1).

24.07.020 Scope.

  The boundary lines separating four or fewer lots of record may only be adjusted under the provisions of this chapter.  Extinguishing such lot lines is not a boundary line adjustment subject to the requirements of this chapter.  Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations.  Boundary line adjustments shall not:

(a) Create any additional lot, tract, parcel, site, or division;

(b) Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health codes and regulations.  This chapter shall not be construed to require correction or remedy of pre-existing nonconformities or substandard conditions;

(c) Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;

(d) Create or diminish any easement or deprive any parcel of access or utilities;

(e) Increase the nonconforming aspects of an existing nonconforming lot;

(f) Replat, alter (except as provided in RCW 58.17.140), or vacate a plat or short subdivision; or

(g) Amend the conditions of approval for previously platted property.  (Ord. 07-835 § 1).

24.07.030 Procedure and fees.

  A boundary line adjustment shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of filing.  (Ord. 07-835 § 1).

24.07.040 Filing.

(a) The Department shall prescribe the form and content for complete applications made pursuant to this section.  Applications for boundary line adjustments shall be made on forms provided by the Department and shall be submitted to the Department with one original and eight copies of a mylar plan signed and stamped by a professional land surveyor, drawn to scale with accurate dimensions, clearly showing the following information:

(1) The proposed lines for all affected lots, indicated by heavy solid lines;

(2) The existing lot lines proposed to be changed, indicated by heavy broken lines;

(3) The location and dimensions of all structures/improvements existing upon the affected lots and the distance between structure/improvements and the proposed lot/boundary lines;

(4) The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.;

(5) The position of rebar and caps set at each new property corner;

(6) All parcel numbers of affected lots;

(7) The location of the property to quarter/quarter section;

(8) The location and dimensions of any drain field, easement, or right-of-way existing within or adjacent to any affected lots;

(9) The area and dimensions of each lot following the proposed adjustment;

(10) The existing, and if applicable, proposed future method of sewage disposal for each affected lot.

(b) Record of Survey for Boundary Line Adjustments.

(1) The mylar shall be titled on the top of the page, in large capital letters, as follows:

RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT

(2) A note shall be placed on the mylar that reads as follows:

THIS BOUNDARY LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION.

APPROVAL OF A BOUNDARY LINE ADJUSTMENT IS NOT A GUARANTEE THAT FUTURE PERMITS WILL BE GRANTED FOR ANY STRUCTURE OR DEVELOPMENT WITHIN A LOT AFFECTED BY A BOUNDARY LINE ADJUSTMENT.

(3) All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed on the mylar that reads as follows:

THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND CHAPTER 332-130 WAC.

(c) Boundary line adjustment applications shall be submitted to the Department with a preliminary title report setting forth all persons having an interest in the lots affected by the boundary line adjustment.  The preliminary title report must be dated no more than 30 days prior to application and must be updated to the date of boundary line adjustment approval, without cost to the City.

(d) The mylar for recording in the auditor’s office shall contain all survey information required for a record of survey under the “Survey Recording Act,” Chapter 58.09 RCW and Chapter 332-130 WAC, together with the following additional signature blocks, which shall be fully executed before approval:

SURVEYOR’S CERTIFICATE

This map correctly represents a survey made by me or under my direction in conformance with the requirements of Survey Recording Act at the request of _________ on _________ , 20____ .

_______ Certificate Number

______________

Surveyor

COMMUNITY DEVELOPMENT DEPARTMENT

_________________ _________

Director Date

CITY TREASURER

I hereby certify that all city taxes heretofore levied against the property described hereon, according to the books and records of my offices, have been fully paid.

_________________ _________

Director Date

(e) A free consent statement, as shown below, shall be inked on the mylar.  This shall be signed and notarized, prior to submittal, in permanent black ink, by all parties having interest in the property.  Owners’ names shall also be lettered below the signatures.

The undersigned agree that the boundary line adjustment set forth herein is made with the free consent and in accordance with the desires of the owners.

(Paper Press Seals Will Not Be Accepted) ________________

Notary Seal

_____________________

I hereby certify that the above individual(s) signed as a free and voluntary act and deed for the uses and purposes herein mentioned.

Given under my hand and seal this ____ day of ______, 20__.

___________, NOTARY PUBLIC, in and for the State of Washington, residing at __________ .

(Ord. 07-835 § 1).

24.07.050 Departmental review--Review criteria.

  A completed application for a boundary line adjustment shall be reviewed by City departments.

(a) The Department shall forward a copy of the proposed boundary line adjustment to the City Engineer, Fire Department, Pierce County, or to any other department or division.

(b) The departments shall review the proposed lot line elimination for compliance with applicable adopted plans, policies and regulations and forward comments to the Department.

(c) If the Department determines that an application for boundary line adjustment may impair drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract, parcel, site, or decision, it shall refer the application to the appropriate department for review.

(d) Following receipt of the comments of consulted departments the Director shall approve or deny the requested adjustments.

(e) The applicant shall record the approved boundary line adjustment drawings within 30 days of approval.  If not, the boundary line adjustment shall be null and void.

(f) The approval of a boundary line adjustment shall not be a guarantee that future permits will be granted for any structure or development within a lot affected by the boundary line adjustment.  (Ord. 07-835 § 1).

24.07.060 Control monuments.

  Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being adjusted.  The City Engineer shall determine the number and location of permanent control monuments.  (Ord. 07-835 § 1).

24.07.070 Appeals.

  Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060.  (Ord. 07-835 § 1).

Chapter 24.08
LOT LINE ELIMINATION

Sections:

24.08.010 Purpose.

24.08.020 Scope.

24.08.030 Procedure and fees.

24.08.040 Filing.

24.08.050 Department review--Review criteria.

24.08.060 Appeals.

24.08.010 Purpose.

  The purpose of this chapter is to clearly delineate the criteria used by City departments to review lot line eliminations.  Lot line eliminations are intended to combine abutting lots for development purposes. (Ord. 07-835 § 1).

24.08.020 Scope.

  This chapter shall not amend the conditions of approval for previously platted property.  Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations. (Ord. 07-835 § 1).

24.08.030 Procedure and fees.

  A lot line elimination shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance.  Said fee shall be paid at time of fling. (Ord. 07-835 § 1).

24.08.040 Filing.

  The Department shall prescribe the form and content for complete applications made pursuant to this section.  The preferred document to be submitted is titled, “Declaration of Lot Combination.” This document shall contain existing and revised lot descriptions; reference to Exhibit A, Existing Property Lines; reference to Exhibit B, Revised Property Lines; signature line for the property owner, and a notary block.  Exhibit A shall be a scale drawing prepared and stamped by a surveyor licensed in Washington State that shows existing property lines of the affected lots.  Exhibit B shall be a scale drawing prepared by the same surveyor that shows revised property lines following approval. (Ord. 07-835 § 1).

24.08.050 Department review--Review criteria.

  A completed application for lot line elimination shall be reviewed by City departments.

(a) The departments shall review the proposed lot line elimination for compliance with applicable adopted plans, policies and regulations and forward comments to the Department.

(b) Following receipt of the comments of consulted departments the Director shall approve or deny the lot line elimination.

(c) The applicant shall record the declaration of lot combination within 30 days of approval.  If not, the lot line elimination shall be null and void. (Ord. 07-835 § 1).

24.08.060 Appeals.

  Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060. (Ord. 07-835 § 1).

Chapter 24.09
Model Home

Sections:

24.09.010 Policy and purpose.

24.09.020 Model homes permitted.

24.09.030 Uses.

24.09.040 Authority having jurisdiction.

24.09.010 Policy and purpose.

(a) The City Council finds that to aid in the control of the anticipated growth of this community, a model home ordinance is feasible and desirable.

(b) The ability to obtain a rapid turn-around on financial investment will aid in attracting conscientious, reliable and secure builders to this community.

(c) Other communities within the area have derived benefits from such model home ordinances.

(d) The City of DuPont has a current ordinance that permits the construction of model homes, and this chapter will clarify some areas of that ordinance.  (Ord. 501 § 1, June 28th, 1994; Ord. 07-835 § 1. Formerly 24.07.010).

24.09.020 Model homes permitted.

  Up to six model homes may be built on a parcel of property within the City of DuPont; provided:

(a) The site shall meet the requirements of the current zoning code.

(b) The applicant shall have written authorization from the property owner permitting such application.

(c) A preliminary plat approval has been obtained from the City Council.

(d) An all-weather access road has been provided to within 150 feet of every linear foot of exterior wall on the first floor of each building.

(e) The access road serving the model homes shall be paved prior to final inspection of any of the model homes.

(f) Fire hydrants shall be installed, approved and accepted before any combustible material, other than foundation forms, is delivered to the site.  (Ord. 501 § 2, June 28th, 1994; Ord. 07-835 § 1. Formerly 24.07.020).

24.09.030 Uses.

(a) There shall be no sale of home prior to recording of the final plat.

(b) No model home shall be inhabited prior to recording of the final plat.

EXCEPTION.  One model home may be used, after final inspection, as a temporary marketing center.  Other model homes may be furnished and decorated to show to the general public after final inspection.  (Ord. 501 § 3, June 28th, 1994; Ord. 07-835 § 1. Formerly 24.07.030).

24.09.040 Authority having jurisdiction.

  This chapter shall be administered and enforced by the Mayor.  (Ord. 501 § 4, June 28th, 1994; Ord. 07-835 § 1. Formerly 24.07.040).

Chapter 24.10
Geographic Information System

Sections:

24.10.010 GIS requirements for commercial/industrial lots and multifamily developments.

24.10.020 GIS requirements for right-of-way improvements.

24.10.030 GIS requirements for subdivisions.

24.10.040 Noncompliance.

24.10.050 Fee for installation.

24.10.010 GIS requirements for commercial/industrial lots and multifamily developments.

 Prior to receiving an occupancy permit developers/owners of commercial properties, industrial properties and multifamily properties shall submit to the City drawing files in AutoCAD format (latest release), on three-and-one-half-inch discs, accompanied by the original mylars (record drawings) which indicate the building footprint(s), utility services and all impervious surfaces.  All changes from the original approved plans shall be clearly marked on the record drawing to reflect as-built conditions.  If the property has existing buildings, impervious areas, and utilities, which are not on the City’s GIS, the developer/owner shall also include the existing facilities.  The AutoCAD drawing files shall reflect as-built conditions and shall be supplied in the format listed below:

The AutoCAD files shall be structured so that the following drawing entities are developed using a single polyline to create a polygon.  The entities shall be placed on a unique layer as listed.

Entity		Layer
1.	Drainage easements	DRNEASE
2.	Utility easements	UTILEASE
3.	Parcels (property)	PROP
4.	Water easements	WEASE
5.	Sewer easements	SSEASE
6.	Pavement	ROAD
7.	Structures	BLDG
8.	Impervious surfaces	IMPERV

The following drawing entities shall be developed as polylines.  Each entity shall be placed on the proper layer as listed.

Entity		Layer
9.	Centerline polylines shall run from intersection to intersection (one per road)	CL
10.	Wetland boundaries shall be represented by a single polyline	WETL
11.	Cable TV (shall run from riser to riser)	TV
12.	Water lines shall run between valves and/or fittings (2" water lines would be located on layer WL2, 3" on WL3, etc.)	WL(size)
13.	Gas line shall run from valve to valve (2" gas line would be located on layer G2, 3" on G3, etc.)	G(size)
14.	Telephone lines shall run from riser to riser or manhole to manhole	TEL

The following drawing entities shall be developed as single points representing the location of the center of the item they represent.  The proper symbols will be allocated to these points by the City once the drawing is translated into the City of DuPont’s Geographic Information System (GIS).  The points shall be placed on the proper layer as listed.

Entity		Layer
15.	Set monument in case	SMON
16.	Found monument in case	FMON
17.	Set rebar for lot corner	LOTCOR
18.	Existing property corner	PROPCOR
19.	Point of tangency	PT
20.	Electrical manhole	EM
21.	Electrical vault	EV
22.	Gas valve	GV(size)
23.	Fire hydrant	HYD
24.	Luminaire (street light)	LUM
25.	Storm drainage catch basin	SDCB
26.	Storm drainage curb inlet	SDCI
27.	Sanitary sewer manhole	SSMAN
28.	Telephone manhole	TM
29.	Telephone riser	TR
30.	Cable TV riser	TVR
31.	Water valve	VALV(size)
32.	Double check valve assembly	DCV
33.	Water meter	WM(size)
34.	Blowoff assembly	BLOWOFF
35.	Power pole	PPOLE
36.	Utility vault	UVAULT
37.	Air vacuum and release assembly	AIRVAC
38.	Back flow preventer assembly	BFP
39.	Post indication valve	PIV

The following drawing entities shall be developed as polylines.  Start/end parameters are listed in the entity description.  Each entity shall be placed on the proper layer as listed.

Entity		Layer
40.	Sanitary sewer lines shall run between manholes as a single line (8' sewer lines shall be located on layer SS8)	SS(size)
41.	Sanitary side sewer stubs shall run between main line and end of stub	SSTUB(size)
42.	Storm drain lines shall run between catch basins as a single line.  (12" storm drain lines shall be located on layer SD12, 8" on SD8, etc.)	SD(size)
43.	Water service lines shall run from valve to end appurtenance or cap	WS(size)

Any other unique features not listed above shall be given a descriptive layer name.  A layer list shall be provided with the drawing files to indicate what additional layer names represent.  All pertinent text information provided on the drawings shall be placed in a layer called REFTEXT.  Associated leaders, dimension lines and arrows can also be placed in this layer.

The AutoCAD drawing file shall be drawn with one drawing unit equals one foot and shall be supplied showing the complete plat on one drawing file.  AutoCAD drawing files separated into different sheets will not be accepted.  Drawing files shall be oriented with North at the top of the screen and shall be tied to the coordinate system utilized by the City’s Geographic Information System.

The owner’s registered land surveyor or engineer shall certify the accuracy of the record drawings and shall affix his seal and signature to the original mylars. (Ord. 97-559 § 1; Ord. 07-835 § 1).

24.10.020 GIS requirements for right-of-way improvements.

 Developers required to construct right-of-way improvements shall submit to the City, drawing files in AutoCAD format (latest release), on three-and-one-half-inch discs accompanied by the original mylars (record drawings).  All changes from the original approved plans shall be clearly marked on the record drawings to reflect as-built conditions.  The AutoCAD drawing files shall also reflect as-built conditions and shall be supplied in the format listed below.

The project AutoCAD files shall be structured so that the following drawing entities are developed using a single polyline or circle which closes on itself to create a polygon.  The entities shall be placed on a unique layer as listed.

Entity		Layer
1.	Road right-of-way (one polygon for each road)	ROW
2.	Paved surface area for each road (if a road has bike lanes the polygon representing the paved surface shall have the inside line of the bike lane for the boundary of road polygon)	ROAD
3.	Drainage easements	DRNEASE
4.	Planting strips	PSTRIP
5.	Utility easements	UTILEASE
6.	Parcels (property)	PROP
7.	Water easements	WEASE
8.	Sewer easements	SSEASE
9.	Structures	BLDG
10.	Wells	WELL
11.	Reservoirs	RESERVOIR

The following drawing entities shall be developed as polylines.  Start/end parameters are listed in the entity description.  Each entity shall be placed on the proper layer as listed.

Entity		Layer
12.	Bike lane polylines shall run the length of the road and shall represent the outer edge of the paved surface	BIKE
13.	Centerline polylines shall run from intersection to intersection (one per road)	CL
14.	Ditch polylines shall run from culvert to culvert and shall represent the centerline of the ditch	DITCH
15.	Creeks and streams (beginning to discharge)	CREEK
16.	Sewer force mains shall start at lift stations and terminate at discharge point	FM
17.	Gas lines shall run from valve to valve (a 2" gas line would be located on layer G2, 3" on G3, etc.)	G(size)
18.	Gas service stubs shall run from the tee to the end of the service	GSTUB
19.	Power lines shall run from transformer to riser or feeder line to riser	POW
20.	Wetland boundaries shall be represented by a single polyline	WETL
21.	Gravel shoulders shall be represented by a line running along the outer edge of the shoulder area (two per road if applicable)	SHLD
22.	Telephone lines shall run from riser to riser or manhole to manhole	TEL
23.	Water lines shall run between valves and/or fittings (2" water lines would be located on layer WL2, 3" on WL3, etc.)	WL(size)
24.	Cable TV lines shall run from riser to riser	TV

The following drawing entities shall be developed as standard lines.  Start/end parameters are listed in the entities description.  The entities shall be placed on the proper layer as listed.

Entity		Layer
25.	Sanitary sewer lines shall run between manholes as a single line (8' sewer lines shall be located on layer SS8)	SS(size)
26.	Sanitary side sewer stubs shall run between main line and end of stub	SSTUB(size)
27.	Storm drain lines shall run between catch basins as a single line (12" storm drain lines shall be located on layer SD12, 8" on SD8, etc.)	SD(size)
28.	Water service lines shall run from valve to end appurtenance or cap	WS(size)

The following drawing entities shall be developed as single points representing the location of the center of the structure they represent.  The proper symbols will be allocated to these points by the City once the drawing is translated into the City of DuPont’s Geographic Information System (GIS).  The points shall be placed on the proper layer as listed.

Entity		Layer
29.	Electrical manhole	EM
30.	Electrical vault	EV
31.	Electrical transformer	ET
32.	Gas valve	GV(size)
33.	Fire hydrant	HYD
34.	Luminaire (street light)	LUM
35.	Pull box for street light	LTBOX
36.	Street light pole	LTPOLE
37.	Survey monument	MON
38.	Storm drainage catch basin	SDCB
39.	Storm drainage curb inlet	SDCI
40.	Sanitary sewer manhole	SSMAN
41.	Telephone manhole	TM
42.	Telephone riser	TR
43.	Cable TV riser	TVR
44.	Water valve	VALV(size)
45.	Double check valve assembly	DCV
46.	Water meter	WM(size)
47.	Blowoff assembly	BLOWOFF
48.	Power pole	PPOLE
49.	Utility vault	UVAULT
50.	Sign	SIGN
51.	Air vacuum and release assembly	AIRVAC
52.	Back flow preventer assembly	BFP
53.	Post indicator valve	PIV

Any other unique features not listed above shall be given a descriptive layer name.  A layer list shall be provided with the drawing files to indicate what additional layer names represent.  All construction information and pertinent information provided on the drawings shall be placed in a layer called REFTEXT.  Associated leaders, dimension lines and arrows shall also be placed in this layer.

Lines associated with node points (i.e., sewer lines and manholes, water lines and valves, etc.) shall be drawn with the end point of the line two drawing units away from the point it is associated with.

Lines which are intended to remain separate must be separated by a space greater than two drawing units.  The AutoCAD drawing file shall be drawn with one drawing unit equals one foot and shall be supplied showing the complete project on one drawing file.  Drawing files separated into different sheets will not be accepted.  Drawing files shall be oriented with North at the top of the screen and shall be tied to the coordinate system utilized by the City’s Geographic Information System.

A complete set of project drawings and specifications shall be provided with the AutoCAD drawing files to provide data such as fire hydrant model number, pipe material type, valve end types, etc.

The owner’s registered land surveyor or engineer shall certify the accuracy of the record drawings and shall affix his seal and signature to the original mylars. (Ord. 97-559 § 2; Ord. 07-835 § 1).

24.10.030 GIS requirements for subdivisions.

 Developers/owners performing subdivisions shall submit to the City, drawing files in AutoCAD format (latest release) on three-and-one-half-inch discs accompanied by the original mylars of the final subdivision or short plat.  The AutoCAD drawing files shall reflect all changes which have been incorporated into the final subdivision or short plat drawings and shall be supplied in the format listed below:

The AutoCAD files shall be structured so that the following drawing entities are developed using a single polyline to create a polygon.  The entities shall be placed on a unique layer as listed.

Entity		Layer
1.	Drainage easements	DRNEASE
2.	Utility easements	UTILEASE
3.	Parcels/lots (property)	PROP
4.	Water easements	WEASE
5.	Sewer easements	SSEASE

The following drawing entities shall be developed as single points representing the location of the center of the item they represent.  The proper symbols will be allocated to these points by the City once the drawing is translated into the City of DuPont’s Geographic Information System (GIS).  The points shall be placed on the proper layer as listed.

Entity		Layer
6.	Set monument in case	SMON
7.	Found monument in case	FMON
8.	Set rebar for lot corner	LOTCOR
9.	Existing property corner	PROPCOR
10.	Point of tangency	PT
11.	Point of curvature	PC

Any other unique features not listed above shall be given a descriptive layer name.  A layer list shall be provided with the drawing files to indicate what additional layer names represent.  All pertinent text information provided on the drawings shall be placed in a layer called REFTEXT.  Associated leaders, dimension lines and arrows can also be placed in this layer.

The AutoCAD drawing file shall be drawn with one drawing unit equals one foot and shall be supplied showing the complete plat on one drawing file.  AutoCAD drawing files separated into different sheets will not be accepted.  Drawing files shall be oriented with North at the top of the screen and shall be tied to the coordinate system utilized by the City’s Geographic Information System.

The owner’s registered land surveyor or engineer shall certify the accuracy of the record drawings and shall affix his seal and signature to the original mylars. (Ord. 97-559 § 3; Ord. 07-835 § 1).

24.10.040 Noncompliance.

 Owners who do not comply with all or any part of the requirement, described herein shall pay the cost for the City (or the City’s consultant) to perform the work required to bring the owner’s drawings into conformance with the requirements herein.  Costs for said work shall be billed on time and materials, plus an administrative fee of two and one-half percent. (Ord. 97-559 § 4; Ord. 07-835 § 1).

24.10.050 Fee for installation.

 The developers/owners of commercial, industrial, multifamily facilities, right-of-way improvements, and subdivisions shall pay the City to install the AutoCAD files onto the City’s GIS.  Upon receiving the AutoCAD files the City will estimate the installation cost.  The developer shall deposit with the City 150 percent of the estimated fee, together with two and one-half percent thereof for the administrative costs of the City thereon, prior to receiving an occupancy permit.  Upon completion of the GIS installation the City will forward an invoice summarizing the cost to the developer/owner.  The City will refund any remaining funds.  If the estimate is exceeded the developer will pay the City the additional funds within 30 days of receiving the invoice from the City.  Any such refund or additional billing shall reflect appropriate reduction or increase in the City’s two and one-half percent administrative fee. (Ord. 97-559 § 5; Ord. 07-835 § 1).

Chapter 24.11
PENALTIES, ENFORCEMENT AND SEVERABILITY

Sections:

24.11.010 Record of proceedings.

24.11.020 Penalties.

24.11.030 Enforcement.

24.11.040 Severability.

24.11.010 Record of proceedings.

  A summary of all hearings and public meetings before the Examiner shall be preserved in a reasonable manner which may include a tape recorded record.

Appellants shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings.  (Ord. 378 § 35, Dec. 14th, 1988; Ord. 07-835 § 1. Formerly 24.08.010).

24.11.020 Penalties.

  Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this title adopted pursuant to State law, relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense.  (Ord. 378 § 36, Dec. 14th, 1988; Ord. 07-835 § 1. Formerly 24.08.050).

24.11.030 Enforcement.

  Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this title, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions.  The costs of such action may be taxed against the violator.  (Ord. 378 § 37, Dec. 14th, 1988; Ord. 07-835 § 1. Formerly 24.08.030).

24.11.040 Severability.

  If any provision of this title or its application to any person or legal entity or circumstances is held invalid, the remainder of the title or the application of the provision to other persons or legal entities or circumstances shall not be affected.  (Ord. 378 § 40, Dec. 14th, 1988; Ord. 07-835 § 1. Formerly 24.08.040).

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Footnotes

¹Prior legislation: Ord. 378.

²Prior legislation: Ords. 378 and 05-789.

³Prior legislation: Ords. 378 and 05-789.

³Statutory references: Chapter 58.17.110 RCW, Chapter 58.24.040 RCW.

⁴Statutory references: RCW 58.17.040, Chapter 86.21 RCW.

⁵Prior legislation: Ords. 378 and 05-789.

⁵Statutory references:  Chapter 58.09 RCW, Chapter 332-130 WAC.

⁶Prior legislation: Ord. 03-747.