|
|
 |  |
Title 18
SUBDIVISIONSChapters:
18.04 Title – Scope – Purpose
18.08 Definitions
18.12 Procedure
18.16 Preliminary Layout
18.20 Final Plat
18.24 General Requirements
18.28 Streets
18.32 Blocks
18.36 Lots
18.40 Public Places
18.44 Improvements
18.48 Short Subdivisions
18.50 Lot Line Adjustments
Chapter 18.04
TITLE – SCOPE – PURPOSESections:
18.04.010 Title.
18.04.020 Regulations adopted – Purpose.
18.04.030 Authority.
18.04.040 Scope of regulations.
18.04.010 Title.
The regulations contained in this title except Chapter 18.48 FMC shall be referred to officially as “The Subdivision Regulations of the City of Fife, Washington” and the terms “regulations” or “subdivision regulations” when used in this title mean and have the force and effect of ordinance provisions of the city. (Ord. 223 § 4, 1969).
18.04.020 Regulations adopted – Purpose.
In order to promote the realization of a comprehensive plan for the city; in order to provide reasonable requirements for public streets, community facilities and other public areas; in order to provide for the health, safety, morals and general welfare of the residents of the city; in order that developers of land may have a procedural guide, the regulations set forth in this title establishing reasonable standards of design and procedure for plats, subdivisions, resubdivisions and dedications of land within the city are established and adopted. (Ord. 223 § 1, 1969).
18.04.030 Authority.
Authority for the administration of these regulations shall be vested in the city council. (Ord. 223 § 2, 1969).
18.04.040 Scope of regulations.
These regulations shall apply to and govern all future plats, subdivisions, resubdivisions and dedications of land within the corporate limits of the city. (Ord. 223 § 3, 1969).
Chapter 18.08
DEFINITIONSSections:
18.08.010 Generally.
18.08.020 Alley.
18.08.030 Arterial.
18.08.040 Buffer planting strip.
18.08.050 Building setback line.
18.08.060 Comprehensive plan.
18.08.070 Crosswalkway.
18.08.080 Cul-de-sac.
18.08.090 Easement.
18.08.100 Final plat.
18.08.110 Improvements and public improvements.
18.08.120 Lots.
18.08.130 Major street plan.
18.08.140 Minor streets.
18.08.150 Planning commission.
18.08.160 Preliminary layout.
18.08.170 Roadway.
18.08.180 Secondary arterial.
18.08.190 Sidewalk.
18.08.200 Side yard.
18.08.210 Street.
18.08.220 Subdivider.
18.08.230 Subdivision.
18.08.010 Generally.
For the purpose of these regulations, certain words and phrases used in this title are defined as set forth in this chapter. (Ord. 223 § 5, 1969).
18.08.020 Alley.
“Alley” means a minor public right-of-way used primarily for vehicular service access to the rear or side properties. (Ord. 223 § 5(a), 1969).
18.08.030 Arterial.
“Arterial” means a street of great continuity which serves or is intended to serve as a principal trafficway for fast or heavy traffic, and which taken together comprises the basic structure of the street system of the city and surrounding area. (Ord. 223 § 5(b), 1969).
18.08.040 Buffer planting strip.
“Buffer planting strip” means a narrow area planted with trees and shrubs of sufficient density to provide an effective sight-obscuring and sound-absorbing screen. (Ord. 223 § 5(c), 1969).
18.08.050 Building setback line.
“Building setback line” means the line indicating the minimum horizontal distance between the property line and buildings, either at the front or side of the lot. (Ord. 223 § 5(d), 1969).
18.08.060 Comprehensive plan.
“Comprehensive plan” means the official plan or any portion thereof made and adopted by the planning commission and city council in accordance with the laws of the state indicating the general or specific locations recommended for streets, parks, public buildings, other public improvements, and all other land uses. (Ord. 223 § 5(e), 1969).
18.08.070 Crosswalkway.
“Crosswalkway” means a public right-of-way, 10 feet or more in width between property lines, which provides pedestrian access to adjacent properties. (Ord. 223 § 5(f), 1969).
18.08.080 Cul-de-sac.
“Cul-de-sac” means a short street having one end open to traffic and being terminated at the other end by a vehicular turnaround. (Ord. 223 § 5(g), 1969).
18.08.090 Easement.
“Easement” means a grant, by the owner of land, to others, of the use of a portion of the land for specific purposes. (Ord. 223 § 5(h), 1969).
18.08.100 Final plat.
“Final plat” means the final plat or drawing on which a subdivision plan is submitted to the planning commission for approval and which, if approved by the planning commission and the city council, will be submitted to the county auditor for recording. The final plat must be prepared by a registered land surveyor or an engineer. (Ord. 223 § 5(i), 1969).
18.08.110 Improvements and public improvements.
“Improvements” and “public improvements” means any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway strip, sidewalk, planting strip, crosswalkway, off-street parking area, or other facility for which the city may ultimately assume the responsibility for maintenance and operation. (Ord. 223 § 5(j), 1969).
18.08.120 Lots.
“Lots” means a portion of a subdivision intended as a unit for transfer of ownership or for development. (Ord. 223 § 5(k), 1969).
18.08.130 Major street plan.
“Major street plan” means a part of the comprehensive plan showing the location and dimensions of principal thoroughfares. (Ord. 223 § 5(t), 1969).
18.08.140 Minor streets.
“Minor streets” means a street of limited continuity which serves or is intended to serve the local needs of a neighborhood. (Ord. 223 § 5(t), 1969).
18.08.150 Planning commission.
“Planning commission” means the planning commission of the city. (Ord. 223 § 5(m), 1969).
18.08.160 Preliminary layout.
“Preliminary layout” means the preliminary map or drawing on which the proposed layout of subdivision is submitted to the planning commission. (Ord. 223 § 5(n), 1969).
18.08.170 Roadway.
“Roadway” means the portion of a street available for vehicular traffic; where curbs are laid, the portion between curbs. (Ord. 223 § 5(o), 1969).
18.08.180 Secondary arterial.
“Secondary arterial” means a street of considerable continuity, sometimes called a collector street, which serves or is intended to serve as a secondary trafficway and as a feeder between minor streets in a neighborhood and one or more arterials. (Ord. 223 § 5(s), 1969).
18.08.190 Sidewalk.
“Sidewalk” means the portion of a street or crosswalkway, paved or otherwise surfaced intended for pedestrian use only. (Ord. 223 § 5(p), 1969).
18.08.200 Side yard.
“Side yard” means an open, unoccupied space on the same lot with a building and located between the building and the side line and extending from the street line to the rear yard. (Ord. 223 § 5(q), 1969).
18.08.210 Street.
“Street” means a public or private right-of-way having the primary purpose of providing for vehicular and pedestrian access to adjacent properties. (Ord. 1148 § 1, 1993; Ord. 223 § 5(r), 1969).
18.08.220 Subdivider.
“Subdivider” means any person, group or corporation acting as a unit or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as defined in FMC 18.08.230. (Ord. 223 § 5(u), 1969).
18.08.230 Subdivision.
“Subdivision” means a division of any tract or parcel of land into five or more lots or other divisions of land for the purpose, whether immediate or future, or transfer of ownership or for building development. The term includes resubdivision and replatting. (Ord. 223 § 5(v), 1969).
Chapter 18.12
PROCEDURESections:
18.12.010 Requirements prior to commencement of construction – Permit required.
18.12.020 Informal consideration.
18.12.010 Requirements prior to commencement of construction – Permit required.
It is unlawful for any person, firm or corporation, proposing to make or having made a plat or subdivision of land containing five or more lots, plots, or tracts, or proposing to make or having made a plat or subdivision containing a dedication of any part thereof as a public street or highway, to enter into any contract for the sale of, or to offer to sell, the subdivision, or plat, or any part thereof, or to proceed with any construction work on the proposed plat or subdivision, including grading and excavation, relating thereto, until both the tentative and final approval of the proposed plat, subdivision, resubdivision or dedication have been obtained from the city council in accordance with the prescribed rules and regulations contained in this title. Construction of improvements shall be in accordance with Chapter 18.44 FMC. Construction of buildings and dwelling shall be started only after issuance of building permits, and no building permit shall be issued prior to recording of the final plat. (Ord. 223 § 6, 1969).
18.12.020 Informal consideration.
While the subdivision plan is still in sketch form, the subdivider may consult with the planning commission to determine whether the plan conforms with the comprehensive plan, including the major street plan, and the zoning ordinance, and whether the plan complies with these regulations and with the city ordinances not in conflict with these regulations. (Ord. 223 § 7, 1969).
Chapter 18.16
PRELIMINARY LAYOUTSections:
18.16.010 Preparation.
18.16.020 Submission.
18.16.030 Consideration.
18.16.040 Conditional approval or disapproval.
18.16.050 Action by city council.
18.16.060 Conditional approval not deemed acceptance.
18.16.070 Effective period of conditional approval.
18.16.090 Documents – Tracings and prints.
18.16.010 Preparation.
Prior to the completion of the final survey of streets and lots of any subdivision and before any map of the subdivision is made in form suitable for recording, a preliminary layout, prepared in accordance with the regulations set forth in this chapter, shall be submitted to the planning commission for its review and recommendations. (Ord. 223 § 8, 1969).
18.16.020 Submission.
A. A written application, in quadruplicate, for the conditional approval of the subdivision, together with 10 prints of the preliminary layout shall be filed with the city clerk-treasurer at least five days prior to the regular monthly meeting of the commission in order to receive action at such meeting. Upon receipt of the application, the clerk-treasurer shall forthwith forward it to the planning commission.
B. The planning commission shall determine whether the preliminary layout is in proper form and shall not receive or consider the application as filed until all documents are in accordance with the requirements set forth in this chapter and the proper fee has been paid. (Ord. 223 § 9, 1969).
18.16.030 Consideration.
The planning commission will study the preliminary layout in connection with the comprehensive plan, including the major street plan, the zoning ordinance and the topography of the area, and will take into consideration the general requirements of the neighborhood, and the best use of the land to be subdivided. Particular attention will be given to specific requirements for parks, playgrounds, school sites, major streets, the adequacy of street connections and the suitability of land for development. (Ord. 223 § 10, 1969).
18.16.040 Conditional approval or disapproval.
The planning commission will communicate its conditional approval, or its disapproval, in writing to the city council within 30 days after the time at which application for conditional approval is made, giving, in case of conditional approval, the specific changes which it will require in the preliminary layout and the character and extent of the required public improvements. (Ord. 223 § 11, 1969).
18.16.050 Action by city council.
After receiving the report from the planning commission, the city council will consider the report at its regular hearing. If the city council agrees with the report by the planning commission, it will take action accordingly by formal resolution and, in writing, inform the subdivider of its action. If it does not agree with the report by the planning commission, the city council shall hold over action on the preliminary layout until its next regular meeting at which meeting it shall request a representative of the planning commission to be present. At the next regular meeting the preliminary layout and a report of the planning commission shall be considered again and the representative of the planning commission shall be given an opportunity to discuss the preliminary layout. Following this procedure, the city council may approve or disapprove the preliminary layout by formal resolution and in writing notify the subdivider of its action. (Ord. 223 § 12, 1969).
18.16.060 Conditional approval not deemed acceptance.
Conditional approval by the city council of the preliminary layout does not constitute acceptance of the plat or the proposed subdivision, acceptance of proposed improvements or final agreement as to improvement specifications or costs. It is to be considered only as approval of the general layout design. (Ord. 223 § 13, 1969).
18.16.070 Effective period of conditional approval.
A final plat meeting all the conditions of this chapter shall be submitted within five years from the date of preliminary plat approval. If the final plat has not been submitted to the city within the time limits described, the approval of the preliminary plat shall have been deemed to have lapsed and a new application shall be required to be submitted. (Ord. 1226 § 12, 1996; Ord. 223 § 14, 1969).
18.16.090 Documents – Tracings and prints.
The preliminary layout tracings and prints shall have dimensions that are multiples of nine inches along one side and multiples of 12 inches along the adjacent side. Tracings shall be submitted rolled in a mailing tube and prints shall be submitted folded to nine inches by 12 inches. The drawing shall be to a scale of no greater than one inch equals 50 feet or smaller than one inch equals 100 feet. The preliminary layout shall contain the following information:
A. Name of subdivision;
B. Legal description of location;
C. Scale of the layout or plat;
D. Date;
E. Statement of whether the north point is true or magnetic and whether bearings shown on the plat are true or magnetic;
F. Boundary lines of the subdivision with length and bearing of lines;
G. Relationship of the subdivision to section and half section lines and to any adjacent city boundary lines and distances and bearings to the nearest official monuments;
H. The location, widths and names of streets or other public ways, easements, railroad and utility rights of way, both within the subdivision and those adjacent to or leading into the subdivision;
I. Proposed methods of providing for stormwater disposal, sanitary sewage disposal and water supply;
J. Location of land intended to be dedicated to public use or reserved in the deeds for the use of all property owners in the subdivision;
K. Numbers and dimensions of lots and blocks;
L. Location of watercourses and other important features;
M. Contours, with intervals of five feet or less, referred to sea level datum;
N. Names and addresses of owner and subdivider and plan surveyor or engineer who designed the preliminary layout;
O. The names of immediately adjacent subdivisions and the names of owners of record or adjacent unsubdivided tracts;
P. Existing permanent buildings or structures within or adjacent to the tract;
Q. Where the preliminary layout covers only a part of the subdivider’s entire holding, a sketch of the prospective street system of the part not submitted must be furnished, and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted. (Ord. 223 § 27, 1969).
Chapter 18.20
FINAL PLATSections:
18.20.010 Submission for approval – Specifications and procedure.
18.20.020 Disapproval or recommendation for approval – Notice in writing.
18.20.030 Effectiveness of final approval.
18.20.040 Conformance to preliminary layout – Required information.
18.20.010 Submission for approval – Specifications and procedure.
After approval of the preliminary layout by the city council and fulfillment of the required conditions, the subdivider shall apply in writing to the chairman of the planning commission for approval of a final plat. The final plat shall conform substantially to the preliminary layout as given conditional approval. The application shall be in duplicate and shall be accompanied by the original inked plat on tracing cloth or vellum, one Van Dyke or sepia reproduction and 10 prints. Specifications for the plat and for other documents to accompany the application are given in FMC 18.20.040. The final plat will not be considered as submitted unless it meets with all specifications herein and is accompanied by all required documents. Approval shall be given only at a regular meeting of the planning commission open to the public. (Ord. 223 § 16, 1969).
18.20.020 Disapproval or recommendation for approval – Notice in writing.
Upon approval of the final plat by the city council, the mylar shall be signed by the city engineer, the community development director, the chairperson of the planning commission, the mayor, and the city clerk-treasurer and affixed with the city seal. Approval by the city council shall be by resolution setting forth all conditions upon which approval is predicated. The applicant shall be responsible for recording the final plat with the Pierce County assessor’s office. A copy of the recorded mylar and three prints shall then be submitted to the city by the applicant. (Ord. 1226 § 13, 1996; Ord. 223 § 17, 1969).
18.20.030 Effectiveness of final approval.
A. Approval of the final plat by the planning commission and the city council shall be null and void if the plat is not acceptable for recording in the county auditor’s office of Pierce County.
B. If the subdivider fails to record the plat at the county auditor’s office within a 12-month period from the date of final approval by the city council, the council’s final approval shall be null and void. (Ord. 223 § 18, 1969).
18.20.040 Conformance to preliminary layout – Required information.
The final plat shall conform to the dimensional and scale standards of the preliminary layout and shall contain all the information required in subsections (A) through (H) and (J) through (L) of the preliminary layout requirements outlined in FMC 18.16.090 and, in addition, shall contain the following information:
A. Accurate location and references of all monuments. Monuments shall be placed at the following locations:
1. At each intersection of two or more streets;
2. At the center of a cul-de-sac;
3. Where curvilinear platting pattern is used, monuments shall also be placed at points of curve and points of tangency;
B. Certification by a registered professional engineer or registered land surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon actually exist as located and that all dimensional and other details such as curve data, are correct;
C. Notarized certification by the owner or owners of the land or other persons having an interest therein of the adoption of the plat and the dedication of streets and other public places;
D. Certification by signature of county treasurer that there are no delinquent taxes outstanding against the property;
E. Certification by signature of the city clerk-treasurer that there are no delinquent special assessments or other liens outstanding against the property;
F. Approval by signature of the engineer of the city indicating that the plat has been checked, that all working drawings and specifications for improvements have been prepared in conformance with the town’s standards and requirements;
G. Space for approval of the planning commission by date and signature of the chairman of the commission;
H. Space for approval of the city council by date and signature of the mayor and space for signature of the city clerk-treasurer and the city seal;
I. Subsections (B) through (H) above shall be executed in order of listing. (Ord. 223 § 28, 1969).
Chapter 18.24
GENERAL REQUIREMENTSSections:
18.24.010 Conformance to comprehensive plan.
18.24.020 Provision for future subdivision.
18.24.030 Reserve strips prohibited.
18.24.040 Buffer planting strips and fences.
18.24.050 Building sites.
18.24.060 Preservation of trees.
18.24.070 Neighborhood plan.
18.24.080 Variations and exceptions.
18.24.090 Consultation fees.
18.24.010 Conformance to comprehensive plan.
The subdivision shall conform to the comprehensive plan or the portions thereof now or hereafter existing, and shall not encroach upon areas designated in the comprehensive plan for future public facilities. (Ord. 223 § 19(a), 1969).
18.24.020 Provision for future subdivision.
If a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical further subdivision. (Ord. 223 § 19(b), 1969).
18.24.030 Reserve strips prohibited.
There shall be no reservation of strips of land that prevent or limit access to land dedicated or intended to be dedicated to public use. (Ord. 223 § 19(c), 1969).
18.24.040 Buffer planting strips and fences.
Where a residential subdivision adjoins a railroad right-of-way, a waterway, an industrial area, a business area or other land use which would have a depreciating effect on the residential use of the property, a buffer planting strip 10 to 15 feet in width and suitably planted to form a screen and/or fence may be required by the planning commission. (Ord. 223 § 19(d), 1969).
18.24.050 Building sites.
Every lot must contain a suitable building site and must be able to conform to the requirements of the building and zoning code for the erection and location of building structures. (Ord. 223 § 19(e), 1969).
18.24.060 Preservation of trees.
Valuable large trees shall be preserved whenever possible. Where planting strips are provided with trees, such trees shall not be of a low bushy species that might obstruct vision. Trees or shrubs situated within a 40-foot radius from intersection property lines at a street intersection shall not have branches closer than eight feet to the ground. (Ord. 223 § 19(f), 1969).
18.24.070 Neighborhood plan.
If a suggested plan for the neighborhood or area in which the tract to be subdivided is located has been made by the planning commission, the street layout of the subdivision shall be in the general conformance thereto. (Ord. 223 § 19(g), 1969).
18.24.080 Variations and exceptions.
Variations to and exceptions from the design and dimensional standards and improvement requirements of these regulations may be made by the city council upon the recommendation of the planning commission in cases where, owing to exceptional conditions, there are extreme difficulties or hardships in the way of carrying out the strict letter of these regulations. No variation or exception shall be made that will be detrimental to the public welfare or that will affect adversely the comprehensive plan. (Ord. 223 § 19(h), 1969).
18.24.090 Consultation fees.
A. A fee for any consultations shall be charged to the applicant for the recovery of all costs incurred by the city. The fee shall include any charges for meetings and reviews conducted for any of the following services, which is not intended to be exclusive:
1. Traffic, hydraulic, structural and civil engineering services; and
2. Licensed Land Surveying Services. The amount of the fee shall be recovery of all actual costs charged to the city by the selected consultant, plus 15 percent of the cost for administrative fees.
B. Consultation fees shall not be considered part of the established filing fee that is charged by the city for the particular review or process.
C. The consultant shall attach the cost of the review at the time that the plans, documents and/or related materials are returned to the city along with a report of findings.
D. The sum of $100.00 shall be collected as a deposit at the time the city determines that such consultation is necessary to ensure an accurate evaluation of the proposal. No permits, determinations and/or approvals shall be given or documents released by the city until all fees are paid in full. (Ord. 860 § 1, 1986).
Chapter 18.28
STREETSSections:
18.28.010 Arterials.
18.28.020 Layout.
18.28.030 Minor streets.
18.28.040 Intersections of major and minor streets.
18.28.050 Alleys.
18.28.060 Half streets.
18.28.070 Grades.
18.28.080 Cul-de-sac.
18.28.090 Right-of-way widths.
18.28.100 Roadway widths (curb to curb).
18.28.110 Curvature of streets.
18.28.120 Intersections to be at right angles.
18.28.130 Curb radii.
18.28.010 Arterials.
Wherever a subdivision embraces an arterial street, as shown on the major street plan, such arterial street shall be platted in the location and of the width indicated on the major street plan. (Ord. 223 § 20(a), 1969).
18.28.020 Layout.
The street layout shall be devised for the most advantageous development of the entire neighborhood area. Where necessary to the neighborhood pattern, existing principal streets in adjoining subdivisions shall be continued and shall be at least as wide as such existing streets and in alignment with them. The street layout shall provide for the future projection of the principal streets into unsubdivided lands adjoining. (Ord. 223 § 20(b), 1969).
18.28.030 Minor streets.
Minor streets shall be so laid out that their use by through traffic will be discouraged. (Ord. 223 § 20(c), 1969).
18.28.040 Intersections of major and minor streets.
There shall be minimum number of intersections of minor streets with major streets in the case of intersecting minor streets; intersections of four streets shall be avoided whenever possible. (Ord. 223 § 20(d), 1969).
18.28.050 Alleys.
Paved rear alleys not less than 20 feet wide will be required in all business and industrial districts of subdivisions except where special conditions make alleys impracticable; in such cases, adequate off-street loading space, suitably surfaced, shall be provided. Dead-end alleys shall be avoided whenever possible, or if provided shall include a turnaround. In general, alleys will not be approved for residential districts or subdivisions. (Ord. 223 § 20(e), 1969).
18.28.060 Half streets.
Half streets shall be permitted only under exceptional circumstances. (Ord. 223 § 20(f), 1969).
18.28.070 Grades.
Street grades shall conform in general to the terrain and shall not be less than one-half of one percent nor more than 12 percent. Street grades shall be such as to provide natural surface drainage of stormwater regardless of the presence or absence of storm sewers. The intent of this provision is to avoid depressions or inverts which will flood in flash storms and for which storm sewers are inadequate. (Ord. 223 § 20(g), 1969).
18.28.080 Cul-de-sac.
Cul-de-sacs shall not exceed 400 feet in length and whenever possible, the closed end shall be located at a higher elevation than the entrance, and shall have a turnaround not less than 90 feet in diameter of right-of-way and pavement diameter of 70 feet at the closed end. (Ord. 223 § 20(h), 1969).
18.28.090 Right-of-way widths.
Right-of-way widths shall be as described in Chapter 12.20 FMC. (Ord. 1595-06 § 8, 2006; Ord. 223 § 20(i), 1969).
18.28.100 Roadway widths (curb to curb).
Roadway widths (curb to curb) shall be as described in Chapter 12.20 FMC. (Ord. 1595-06 § 9, 2006; Ord. 223 § 20(j), 1969).
18.28.110 Curvature of streets.
Curvature of streets shall be provided with centerline radii as follows:
A. Principal arterial, and North Levee Road East, 600 feet;
B. Minor arterial, 300 feet;
C. Collector street, 250 feet;
D. Commercial and multifamily access street, 250 feet; and
E. Single-family access street, 100 feet. (Ord. 1595-06 § 10, 2006; Ord. 223 § 20(k), 1969).
18.28.120 Intersections to be at right angles.
Street intersections shall be at right angles. Where, because of topographic or other reasons, an intersection cannot be at right angles, such intersection shall be designed so as to insure its safe usage. (Ord. 223 § 20(l), 1969).
18.28.130 Curb radii.
Curb radii shall not be less than 20 feet. Where an angle of intersection less than 70 degrees is permitted, curb radii shall be increased as necessary so as to insure its safe usage. (Ord. 223 § 20(m), 1969).
Chapter 18.32
BLOCKSSections:
18.32.010 Lengths of residential blocks.
18.32.020 Blocks for industrial or commercial use.
18.32.030 On arterial streets.
18.32.010 Lengths of residential blocks.
Blocks shall not exceed 1,200 feet in length nor be less than 400 feet in length; blocks longer than 800 feet in length may be required to have crosswalkways. (Ord. 223 § 21(a), 1969).
18.32.020 Blocks for industrial or commercial use.
Blocks intended for industrial or commercial use shall be designed specifically for such purpose, with adequate space set aside for off-street parking and loading and shall meet minimum ordinance requirements for parking. (Ord. 223 § 21(b), 1969).
18.32.030 On arterial streets.
It is preferred that blocks adjacent to arterial streets be so arranged that the long dimension of the block be parallel to the arterial street and that lots do not front on or have access to the arterial street. Where this arrangement is not feasible, marginal access streets may be required. (Ord. 223 § 21(c), 1969).
Chapter 18.36
LOTSSections:
18.36.010 Minimum width and area.
18.36.020 Maximum depth.
18.36.030 Lot to abut on street.
18.36.040 Building setback lines.
18.36.050 Corner lots.
18.36.060 Property lines at corners.
18.36.070 Side lines.
18.36.080 Shape.
18.36.090 Double frontage lots.
18.36.100 Grading for stormwater.
18.36.010 Minimum width and area.
Lots for residential use shall be at least 70 feet wide at the building setback line for interior lots and 80 feet wide for corner lots and shall be at least 7,000 square feet in area for interior lots and 8,000 square feet in area for corner lots. (Ord. 223 § 22(a), 1969).
18.36.020 Maximum depth.
The maximum depth of any lot, exclusive of unusable land, shall be two and one-half times the width of the lot. (Ord. 223 § 22(b), 1969).
18.36.030 Lot to abut on street.
Every lot shall abut on a dedicated and improved street for at least 20 feet. (Ord. 223 § 22(c), 1969).
18.36.040 Building setback lines.
Minimum setback lines from property lines in residential zones shall conform with the zoning regulations, except that there shall be a side yard along each lot line of a width not less than 10 percent of the lot width at the building setback line, but in no case less than five feet. (Ord. 223 § 22(d), 1969).
18.36.050 Corner lots.
Corner lots in residential zones shall have a minimum side yard setback of 20 percent of the width of the lot along the side yard facing the street. The other side yard shall be 10 percent of the lot width, but in no case less than five feet. (Ord. 223 § 22(e), 1969).
18.36.060 Property lines at corners.
Property lines at street intersection corners shall be arcs having radii of at least 10 feet or shall be chords of such arc. (Ord. 223 § 22(f), 1969).
18.36.070 Side lines.
Side lines of lots shall be approximately at right angles, or radial, to the street line. (Ord. 223 § 22(g), 1969).
18.36.080 Shape.
The shape of lots and their orientation shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. (Ord. 223 § 22(h), 1969).
18.36.090 Double frontage lots.
Double frontage lots, other than corner lots, will be permitted only under unusual circumstances. (Ord. 223 § 22(i), 1969).
18.36.100 Grading for stormwater.
Lots and blocks shall be graded so as to eliminate depressions that would accumulate stormwater. Grades at building sites shall bear such relationships to roadway and curb grades as to prevent flooding of basement windows or of entryways either to basements or to first floor levels in the absence of basements. Where deemed necessary, the planning commission may require the subdivider to submit working drawings showing contours to which the property is to be graded to provide for the requirements of this section. The planning commission shall transmit a copy of the approved drawing to the city clerk-treasurer. In such cases, building permits shall not be issued unless the lot plan indicates site and building grades consistent with the grading drawing. (Ord. 223 § 22(j), 1969).
Chapter 18.40
PUBLIC PLACESSections:
18.40.010 Preservation of natural and cultural features.
18.40.020 Easements.
18.40.030 Duplication of names prohibited.
18.40.010 Preservation of natural and cultural features.
Outstanding natural and cultural features such as scenic spots and watercourses shall be preserved insofar as possible. (Ord. 223 § 23(a), 1969).
18.40.020 Easements.
All above ground utilities shall be placed on rear or side property lines. Where a subdivision is traversed by a watercourse, an appropriate easement shall be provided for the watercourse in either an open cut or an underground conduit, depending upon the density of development, as specified by the planning commission. Where water mains, sanitary sewers, storm sewers, gas mains, telephone lines, power lines or other utilities are located on or adjacent to property lines, adequate easements together with right of ingress or egress thereto and therefrom shall be provided and platted. Easements shall not be less than 10 feet in width and shall be centered upon the centerline of the utility. Where more than one utility is to occupy the same easement, the easement shall be of such width as to extend five feet at each side beyond the centerline of the outermost utility. Additional width shall be provided where necessary to accommodate utility pole bracing. The planning commission may require evidence of approval by the public utility company of the proposed easement width. Where an easement occurs on a side lot and adjacent to a driveway, there shall not be less than 10 feet of clearance between the easement line and the extreme projection of the building structure. (Ord. 223 § 23(b), 1969).
18.40.030 Duplication of names prohibited.
The names of subdivisions and new street names shall not duplicate, nor too closely approximate phonetically, the name of any other subdivision or street within or near the city. Street names shall be subject to the approval of the planning commission. (Ord. 223 § 23(c), 1969).
Chapter 18.44
IMPROVEMENTSSections:
18.44.010 Construction in accordance with plans and specifications.
18.44.020 Permission required prior to commencement of construction.
18.44.030 Types of improvements.
18.44.040 Compliance with city standards.
18.44.050 Qualification of contractors.
18.44.060 Inspection required.
18.44.070 Responsibility of subdivider.
18.44.080 Approval not acceptance.
18.44.090 Notice to engineer – Request for inspection.
18.44.100 Responsibility for maintenance.
18.44.110 Guarantee of completion and maintenance.
18.44.120 Acceptance – Contingency of recommendation.
18.44.130 Fees.
18.44.140 Protection and repair of existing improvements.
18.44.150 Other regulations prevail.
18.44.010 Construction in accordance with plans and specifications.
All improvements shall be constructed in accordance with plans and specifications prepared by the engineers for the city. The subdivider shall reimburse the city for such engineering costs in accordance with FMC 18.44.130. (Ord. 223 § 24(a), 1969).
18.44.020 Permission required prior to commencement of construction.
Approval of the city council shall be secured before commencement of construction of any improvement. Approval of the final plat by the city council shall constitute permission to proceed with construction, providing the plat is accepted for recording by the county auditor. (Ord. 223 § 24(b), 1969).
18.44.030 Types of improvements.
The following improvements are required for any subdivision within the city:
A. Street and alley grading and surfacing with asphaltic concrete:
1. In areas zoned for commercial or industrial use, concrete curbs and gutters are required;
2. In areas other than those zoned for commercial or industrial use, the minimum requirement shall be for thickened edge, but concrete curbs and gutters are preferred;
B. Sanitary sewers;
C. Water mains and hydrants;
D. Piped stormwater drainage facilities;
E. Concrete survey monuments and brass plugs. (Ord. 223 § 24(c), 1969).
18.44.040 Compliance with city standards.
All improvements shall be in accordance with city standards and requirements as given in ordinances and regulations in effect at the time of submission of the final plat. (Ord. 223 § 24(d), 1969).
18.44.050 Qualification of contractors.
The developer shall file with the city clerk-treasurer a list of all contractors and subcontractors who are to participate in construction of public improvements. Such contractors and subcontractors shall be subject to the licensing provisions of the city and shall be subject to disqualification by reason of faulty performance upon past construction work done by the city. (Ord. 223 § 24(e), 1969).
18.44.060 Inspection required.
All improvements shall be subject to inspection by a duly authorized representative of the city, both during the course of construction and after construction is complete. The inspector shall have the authority to determine whether or not materials of construction, methods of construction and workmanship comply with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. The inspector may require that work be suspended for due cause. For purposes of this section, “due cause” includes adverse weather conditions, poor workmanship, the use of questionable materials or methods of construction, and nonadherence to specifications and drawings. (Ord. 223 § 24(f), 1969).
18.44.070 Responsibility of subdivider.
Approval by the inspector or absence of inspection shall not relieve the subdivider of full responsibility for adherence by his contractors to specifications and working drawings or for the use of his contractors of high standards of materials, methods and workmanship. (Ord. 223 § 24(g), 1969).
18.44.080 Approval not acceptance.
Approval by the inspector shall not be deemed acceptance of the improvement by the city. Acceptance shall be only by action of the city council and acceptance shall be contingent upon a favorable inspection report signed by the engineers for the city. (Ord. 223 § 24(h), 1969).
18.44.090 Notice to engineer – Request for inspection.
It shall be the responsibility of the subdivider or his contractor to notify the city engineer when work is to be started and to request the assignment of an inspector. The initial notification that a particular improvement is to be started shall be in writing and shall reach the engineer in advance of the date that inspection is to begin. (Ord. 223 § 24(i), 1969).
18.44.100 Responsibility for maintenance.
As further assurance of serviceable construction, and to provide for repair of damage resulting from subsequent construction operations of the subdivider or his contractors, the subdivider shall be responsible for all maintenance of an improvement for a period of not less than 15 months following completion of construction of that improvement; providing, in addition, that the subdivider shall be responsible for all maintenance of roadways, curbs and gutters, sidewalks, water hydrants and all other public improvements and facilities until all construction work has been completed upon other improvements, dwellings, buildings, fill and landscaping adjacent to the improvement under consideration. No improvement shall be accepted by the city sooner than 15 months after completion of construction nor before all construction work has been completed upon adjacent improvements, dwellings, buildings, fill and landscaping nor until all maintenance work is complete. (Ord. 223 § 24(j), 1969).
18.44.110 Guarantee of completion and maintenance.
The final plat will not be considered for approval unless the subdivider has guaranteed to complete all required improvements within a reasonable period in compliance with working drawings and specifications and has guaranteed to maintain the improvements until they are accepted by the city. The maintenance shall provide that the subdivider will reimburse the city for any maintenance expenses incurred by the city in performing maintenance work, herein required of the subdivider, upon failure of the subdivider to perform such work after receiving due notice from the city to perform such work. This guarantee shall be by one or more of the three following listed methods. Only one method shall be applied to one specific improvement:
A. The subdivider may post a performance bond prepared in a form approved by the attorney for the city and underwritten by a surety company. The amount of the bond shall be not less than 125 percent of the final estimate of cost of the improvement as estimated by the engineer for the city under FMC 18.44.130. There shall be no reduction in the amount of that portion of the bond applying to a particular improvement unless that improvement is complete and accepted or approved by the city council. The subgrade, base course and surface course of a street, alley, or parking area shall be considered as a single improvement from the standpoint of acceptance.
B. The subdivider may deposit a cash bond with the city in accordance with a specific escrow agreement approved by the attorney of the city and in an amount not less than 125 percent of the final estimate of cost of the improvements as estimated by the engineer for the city under FMC 18.44.130. The deposit shall be held in a special account by the city, and the agreement may provide for partial payouts as work progresses, in amounts recommended by the engineer for the city, corresponding to the original estimate of unit costs. Partial payouts shall be contingent upon favorable inspection reports, and the sum of partial payouts for a single improvement shall not exceed 85 percent of the original deposit for the improvement unless the improvement is complete and accepted or approved by the city council. The subgrade, base course and surface course of a street, alley, or parking area shall be considered a single improvement from the standpoint of acceptance.
C. Upon specific permission of the city council, the subdivider may elect to complete one or more improvements prior to approval of the final plat. Where the subdivider elects to guarantee completion of an improvement by this method, approval of the final plat shall be contingent upon certification by the engineer for the city that the improvement has been completed and in accordance with drawings and specifications, that the inspection reports are favorable, and that guarantee has been provided to cover cost of maintenance of the improvement in accordance with FMC 18.44.100. (Ord. 223 § 24(k), 1969).
18.44.120 Acceptance – Contingency of recommendation.
Acceptance of an improvement for the city shall be only by resolution of the city council upon recommendation of the engineers for the city. Recommendation shall be contingent upon:
A. Fulfillment of the requirements of FMC 18.44.100;
B. An opinion by the attorney for the city that satisfactory and proper conveyances and dedications have been made by the subdivider to the city;
C. Improvements being complete and in good repair in accordance with standards and requirements of the city;
D. Inspection reports indicating compliance with working drawings and specifications;
E. A single improvement shall not be accepted in part; it shall be complete throughout the subdivision as indicated in the final plat and working drawings; the subgrade, base course of a street, alley or parking area shall be considered as a single improvement;
F. Acceptance of an improvement shall operate to release the applicable portion of the performance bond or the applicable portion of the balance of the cash deposit. (Ord. 223 § 24(l), 1969).
18.44.130 Fees.
A. To defray the engineering and inspection expenses incurred by the city in preparation of preliminary and final cost estimates, working drawings, specifications, in checking the final plat, and in executing inspection responsibilities, the subdivider shall be required to reimburse the city as follows. These charges are separate and distinct from the fee paid at the time of submission of the preliminary layout.
B. The subdivider shall submit a written request to the city clerk-treasurer for preparation of a preliminary plan and an estimate for construction costs of improvements. This request shall be accompanied by a certified check in an amount equal to two percent of the estimated costs of engineering services.
C. Before the preliminary plan and estimated construction cost is furnished to the subdivider, he shall pay to the city clerk-treasurer an additional amount which will increase his total payment to 20 percent of the estimated cost of engineering.
D. An additional 40 percent shall be paid prior to start of construction.
E. All engineering and inspection performed by the city in connection with projects of this nature shall be charged to such deposit. After the project has been completed to the satisfaction of the city engineers, any unexpended balance of the deposit shall be refunded; or if for any reason the charges shall exceed the amount deposited, the city clerk-treasurer shall forthwith cause a statement to be issued notifying the depositor to pay the balance due.
F. If during the progress of any project it appears that the cost of engineering and/or inspection will exceed the amount deposited, the city clerk-treasurer shall notify the depositor and terminate any permit which may have been issued. All work in connection with the project shall immediately cease and the project shall remain closed until there is deposited such additional amount as may be necessary to cover the estimated cost of engineering and/or inspection for the completion of the project, and until any terminated permit shall be renewed. (Ord. 223 § 24(m), 1969).
18.44.140 Protection and repair of existing improvements.
The subdivider, his contractors and suppliers shall be responsible to insure that existing improvements and the property of the city are not damaged or rendered less useful or unsightly by the operations of the subdivider, his contractors or suppliers. This provision is intended to include damage or nuisance with respect to land, improvements or landscaping of the city; damage to existing streets, sidewalks, curbs and gutters by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand or rock onto existing streets, sidewalks, curbs and gutters; the washing by stormwater of earth or sand onto streets, sidewalks, curb and gutter or into catch basins; damage to water mains, sanitary sewers, culverts or storm sewers. In order to reduce or localize the possibility of damage to streets by heavy trucking, the utility superintendent shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks, and the subdivider shall be responsible for the enforcement of this instruction as to his contractors and their supplies. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curbs and gutters and into catch basins by stormwater. When deemed advisable, the city council shall have the power to require, either prior to commencement of construction or after construction is in process, that the subdivider post a surety bond to guarantee repair of damages or abatement of nuisances. Expenses incurred by the city in repairing damages, cleaning streets, catch basins and sewers shall be deducted from the surety bond. (Ord. 223 § 25, 1969).
18.44.150 Other regulations prevail.
None of the provisions of these regulations pertaining to permission, surety bonds, fees, acceptance and approval shall be construed as exempting subdividers, general contractors, sidewalk contractors, cement contractors, building contractors or plumbers, sewer contractors, sewer builders, drain layers, electrical contractors, or electricians or any other contractor or craftsmen from any other ordinance or regulation of the city with respect to licenses, fees, surety bonds, inspection or other respect to licenses, fees, surety bonds, inspection or other control. (Ord. 223 § 26, 1969).
Chapter 18.48
SHORT SUBDIVISIONSSections:
18.48.010 Compliance – Applicability.
18.48.020 Exemptions.
18.48.030 Further divisions restricted.
18.48.040 Separate short plats permitted when.
18.48.050 Filing procedure and fee.
18.48.060 Exemption from environmental analysis and impact statement.
18.48.070 Survey requirement.
18.48.080 Review of plat.
18.48.090 Review criteria – Access – Generally.
18.48.100 Review criteria – Access – Street reserved areas.
18.48.110 Review criteria – Access – Private streets.
18.48.120 Review criteria – Drainage, sewers and water.
18.48.130 Review criteria – Sewers or septic tanks.
18.48.140 Review criteria – Feasibility for building sites.
18.48.150 Review criteria – Water supply and fire protection.
18.48.160 Review criteria – Denial of plat when.
18.48.170 Approval – General.
18.48.180 Approval – Automatic.
18.48.190 Approval – Notice of return to applicant for cause.
18.48.200 Approval – Effect.
18.48.210 Notice requirement.
18.48.220 Appeal procedure.
18.48.230 Large lot division procedure.
18.48.240 Record of proceedings.
18.48.010 Compliance – Applicability.
A. As of August 15, 1976, every short plat and short subdivision shall comply with the provisions of this chapter.
B. The short subdivision area shall consist only of the one to nine parcels, lots or tracts of land which are divided from the original tract for the purpose of sale, lease or transfer of ownership. (Ord. 670 § 1, 1982; Ord. 390 § 1, 1976).
18.48.020 Exemptions.
The provisions of this chapter are not applicable to the following:
A. Parcels or lots divided for the purpose of sale or lease and which do not contain adequate area or width for a building site unless two such contiguous parcels which collectively comprise a building site are acquired by the same person, family or developer;
B. Parcels, lots or tracts which are sold or leased prior to August 15, 1976, as evidenced by an earnest money contract, real estate contract, deed or other evidence acceptable to the city attorney;
C. Cemeteries and other burial lots while used for that purpose;
D. Divisions made by testamentary provisions or the laws of descent;
E. Division of land into lots or tracts, each of which is five acres or larger, or one-one hundred twenty-eighth of a section or larger; provided, that for purposes 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 centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline, and such lot expansion shall be permitted only when a portion of the right-of-way originally was part of the lot;
F. A division for the purpose of lease, except for residential uses where the city has granted a binding site plan pursuant to the zoning ordinance of the city;
G. Lots which are acquired by the same developer as part of the same development scheme but legal title is obtained at different times to the lots; provided, that such development is subject to a binding site plan pursuant to the zoning ordinance of the city;
H. Divisions which were surveyed in accordance with the Survey Recording Act or lots within a plat and are recorded with the auditor prior to August 15, 1976;
I. Deed releases, for the purpose of obtaining building financing; provided a short plat is required if said parcel is separately sold or if all the land specified by the contract is not acquired;
J. An acquisition of land which increases the buyers contiguous parcel of land. (Ord. 563 § 1, 1980; Ord. 390 § 1(1), 1976).
18.48.030 Further divisions restricted.
Land within a short subdivision shall not be further divided in any manner for a period of five years from the date the approved short plat is recorded with the auditor without the filing of a final plat on the land which is proposed to be further divided. This requirement shall be stated on the fact of the short plat. (Ord. 390 § 1(2), 1976).
18.48.040 Separate short plats permitted when.
Lots within a plat or contiguous unplatted parcels of land which are acquired by the developer or applicant independently of each other and which, when further divided into lots, collectively create no more than nine lots, may be short platted separately; provided, that when the applicant short plats the first parcel, the access, lot lines and drainage for the total tract are also approved by the city. (Ord. 670 § 2, 1982; Ord. 390 § 1(3), 1976).
18.48.050 Filing procedure and fee.
A. One mylar original tracing and four prints of a proposed short plat shall be filed with the City.
B. A short plat shall meet the following standards:
1. Drawing in ink to a scale not smaller than one inch equals 100 feet on mylar, a sheet size of 18 inches by 24 inches;
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 roads and identifying names of such;
3. A vicinity map drawn to a scale of four inches equals one mile 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. The tract(s) of land proposed to be sold or leased, each tract of which is identified by numerical designation; dimensions of each lot;
6. Width and location of access to all short platted lots proposed for sale or lease;
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. 1226 § 5, 1996; Ord. 986 § 4, 1989; Ord. 670 § 3, 1982; Ord. 390 § 2, 1976).
18.48.060 Exemption from environmental analysis and impact statement.
A. All actions by the city in approving a short plat shall be exempt from any environmental analysis or environmental impact statement unless the mayor determines that the short plat is located wholly or partially within a sensitive area (as defined by WAC 173-34-020(2)). “Sensitive area” is defined as any area which:
1. Contains significant threats to the environment, arising from earth slides, avalanche or flooding from a flood frequency expected to recur on the average of once every 100 years or a flood magnitude which has a one percent chance of occurring in any given year; or
2. Contains any special natural values such as a marshland, or habitation place of substantial concentrations of flora or fauna or of rare or endangered species of flora or fauna; or
3. The area is being given special attention because of a problem of critically low or declining resource supply or quality; or
4. Contains elements having significant aesthetic, recreational or historical value; or
5. It is within shorelines of the state as defined in the Shoreline Management Act of 1971.
B. If the short plat is located wholly or partially within a sensitive area, as determined by the mayor, the environmental procedures stated in this chapter shall be followed.
C. If an environmental impact statement is required, the short plat shall be reviewed by the planning commission. The planning commission may approve or disapprove the short plat for environmental reasons. (Ord. 390 § 3, 1976).
18.48.070 Survey requirement.
A. Surveys shall be required for all short plats and short subdivisions; provided, that:
1. If there is sufficient existing survey monumentation, which means that at least two of the boundaries were included in a previous survey and one corner is monumented; or
2. If the cost of the survey will exceed 10 percent of the fair market value of the short subdivision land involved; then the city engineer shall waive this requirement.
B. It is the applicant’s responsibility to prove by county assessor’s records and by two written estimates from licensed land surveyors, that the land value and survey cost is of an appropriate amount to request this waiver.
C. In the event a survey is not required, then the legal description of the short plat must be written or checked by a registered land surveyor or civil engineer.
D. All surveys shall be accomplished as required by the Survey Recording Act (Chapter 50, Washington Laws of 1973), and shall be monumented as stated herein. (Ord. 390 § 4, 1976).
18.48.080 Review of plat.
The department heads of the city and the city engineer shall review a short plat as follows:
A. The department of public works shall review and make notes in reference to the short plat with regard to adequate access, to streets, water supply, sewer system, septic tank conditions, and roadways in the short plat.
B. The building official and fire marshal shall review and make notes in reference to the short plat with regard to fire flow.
C. The city engineer shall review and make a report to the city in reference to the short plat with regard to storm drainage facilities, survey and effect of short plat on adjoining properties and effect of short plat on receiving drainage waters. The city engineer shall also review any other aspect of the short plat when directed to do so by the city.
D. The planning department shall review the proposed short plat for conformance with zoning laws and the comprehensive land use plan. The planning department will also act as receiving agent for correspondence from the applicant. This department will forward short plat to respective department heads and correspond with applicant in reference to any changes that may be requested by the city. (Ord. 670 § 4, 1982; Ord. 502 § 1, 1979; Ord. 390 § 5, 1976).
18.48.090 Review criteria – Access – Generally.
The proposed short plat shall be reviewed for adequate ingress and egress to all proposed lots. Extension of roads or access rights from property line to property line of the short subdivision land may be required so that the road may be extended in the future. If there is other reasonable access available, the city may limit the location of direct access to city arterials or other city roads. When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the fact of the short plat. (Ord. 670 § 5, 1982; Ord. 502 § 2, 1979; Ord. 390 § 6(1)(a), 1976).
18.48.100 Review criteria – Access – Street reserved areas.
Where a city street is planned by the city, or is being planned for the short subdivision land area, the city may require that a 60-foot wide right-of-way area be designated as a street reserved area for the future. The reserved street will be built to city street standards at the time of construction. A performance bond shall be filed with the city, prior to the final approval and recording of the short plat. The street shall be constructed prior to the development of the last lot of the short plat. (Ord. 670 § 6, 1982; Ord. 502 § 2, 1979; Ord. 390 § 6(1)(b), 1976).
18.48.110 Review criteria – Access – Private streets.
The community development director may approve a private street if he determines that there is good cause for not having the street as part of the city public road system. The location of private streets relative to the proposed short platted parcels shall be analyzed by the community development director for location, adequacy, possible conflicts with future developments and existing plans, maps, sketches or studies for a city public street. A performance bond shall be filed with the city prior to the final approval and recording of the short plat, for the construction of the street, which shall be built to current city standards at the time of construction. All persons and their successors who own the land adjoining to the road within the short plat have equal legal right to use the private street area. Streets shall be designed and the designs approved by the city relative to grades, width, pavement type, adequacy of pavement, storm drainage, other affective items, and city street standards. Street right-of-way of private streets may be required to be 60 feet in width, if in the opinion of the city such right-of-way provisions are necessary. The developer and/or adjoining landowners and their successors shall bear the expense of constructing and maintaining the street and a note to this effect shall be made on the face of the short plat. (Ord. 1148 § 2, 1993; Ord. 670 § 7, 1982; Ord. 502 § 2, 1979; Ord. 390 § 6(1)(c), 1976).
18.48.120 Review criteria – Drainage, sewers and water.
The proposed short plat shall be reviewed for adequate drainage, sewer and water facilities. If the city is unable to determine the facilities which would be required and necessary for future development, a note on the fact of the short plat shall state that a utilities plan shall be submitted and approved prior to issuance of a fill or building permit. (Ord. 670 § 8, 1982; Ord. 502 § 2, 1979; Ord. 390 § 6(2), 1976).
18.48.130 Review criteria – Sewers or septic tanks.
The proposed short plat shall be reviewed for sewer or septic tank adequacy. If known local conditions exist which may affect future building sites, these conditions shall be stated on the face of the short plat. (Ord. 502 § 2, 1979; Ord. 390 § 6(3), 1976).
18.48.140 Review criteria – 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. (Ord. 502 § 2, 1979; Ord. 390 § 6(4), 1976).
18.48.150 Review criteria – Water supply and fire protection.
The proposed plat shall be reviewed for adequacy of water supply and fire protection for present and future needs. If the adopted city policy statement for fire protection requires a certain capacity of water system for the area of the proposed short subdivision area, this shall be noted on the face of the short plat as being required prior to the issuance of a building permit. (Ord. 502 § 2, 1979; Ord. 390 § 6(5), 1976).
18.48.160 Review criteria – Denial of plat when.
FMC 18.48.120 through 18.48.150 may be considered as criteria for which a short plat may be denied. Existing city standards shall be used during the review process. (Ord. 502 § 2, 1979; Ord. 390 § 6(5), 1976).
18.48.170 Approval – General.
Each city department shall complete its review and either approve or disapprove a proposed short plat within 30 days after the short plat is filed unless an environmental analysis is required as stated in FMC 18.48.060. Unless automatically approved, the city manager, city engineer, the city clerk-treasurer and chairman of the planning commission shall sign the short plat. After the recording of the short plat with the county auditor, the short plat shall be deemed approved. (Ord. 1450 § 18, 2002; Ord. 670 § 9, 1982; Ord. 502 § 3, 1979; Ord. 390 § 7(1), 1976).
18.48.180 Approval – Automatic.
If a short plat has not been disapproved, approved, or an environmental analysis ordered within the 30-day review period, the short plat is deemed to be automatically approved. Such automatic approval shall be verified by the city attorney who shall sign the short plat before it can be recorded with the auditor. (Ord. 502 § 3, 1979; Ord. 390 § 7(2), 1976).
18.48.190 Approval – Notice of return to applicant for cause.
A. If a short plat is not in proper order or cannot be approved in its present form, a certified letter, postmarked prior to the expiration of the 30-day period, shall be sent to the applicant to notify him of why approval cannot be given in its present form. The letter shall act as staying the automatic approval and renews the 30-day review period when the short plat is resubmitted.
B. At the end of a second review period (if necessary), if a short plat is not approved, it is deemed final and conclusive unless appealed. (Ord. 670 § 10, 1982; Ord. 502 § 3, 1979; Ord. 390 § 7(3), 1976).
18.48.200 Approval – Effect.
The approval of a short plat shall not be a guarantee that future permits will be granted for any structures or development within the area and a notation to this effect shall be stated on the fact of the short plat. (Ord. 502 § 4, 1979; Ord. 390 § 7(4), 1976).
18.48.210 Notice requirement.
A. Notice to the adjacent landowners as herein mentioned shall be required only if the short subdivision is located in a sensitive area as defined by WAC 173-34-020(2).
B. Prior to the sale, lease or contract to sell of any lot, parcel or tract within a short subdivision, a copy of the approved short plat shall be given to the prospective purchaser or lessee by the owner, owner’s agent, or any person, firm or corporation who closes or escrows the transaction. (Ord. 390 § 8, 1976).
18.48.220 Appeal procedure.
Within 14 days following the city’s decision on the application, any interested party may appeal such decision to the hearing examiner. The appeal shall be filed in accordance with FMC Title 14. (Ord. 1593-06 § 52, 2006; Ord. 1226 § 14, 1996; Ord. 390 § 9, 1976).
18.48.230 Large lot division procedure.
A. Large lot division consists of a division of land into lots or tracts, each of which is five acres or larger.
B. The filing procedure, fee, review criteria, approval and appeal procedure for short plats shall be the same as for large lot divisions. The city shall determine if and when any of the sections are not applicable to a large lot division review.
C. One mylar original tracing and four prints of the approved large lot division plan which shows the original tract and contains the legal description of the original tract and shows the divisions, the future roads and future drainage, shall be filed with the city engineer. The plan may be drawn in any manner which is neat and legible.
D. Large lot division approval is not exempt from the procedures required by the State Environmental Policy Act.
E. Any person who feels aggrieved or damaged by the decision of the city engineer or the chairman of the planning commission may, within 14 days of the decision, file a written appeal with the city clerk-treasurer, and the appeal shall be forthwith forwarded to the city council for hearing on the matter.
F. When segregation is requested by the developer, applicant or purchaser of a large lot division, the person shall provide the assessor with a copy of the legal description of every lot which is created by the division. (Ord. 670 § 11, 1982; Ord. 502 § 5, 1979; Ord. 390 § 10, 1976).
18.48.240 Record of proceedings.
A. A summary of all hearings and public meetings before the planning commission and the city council shall be preserved in a reasonable manner which may include a tape-recorded record. The developer may, in addition, be required to provide a court reporter at any public hearing or meeting, as determined by the city manager or the chairman of the planning commission.
B. The appellant shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings. (Ord. 1450 § 19, 2002; Ord. 390 § 11, 1976).
Chapter 18.50
LOT LINE ADJUSTMENTSSections:
18.50.010 Responsible official.
18.50.020 Application.
18.50.040 Standard for review.
18.50.050 Final approval.
18.50.010 Responsible official.
The community development director is hereby authorized to approve lot line adjustments in accordance with the procedures set forth in this chapter. (Ord. 1123 § 2, 1992).
18.50.020 Application.
A. The application for a lot line adjustment shall be submitted to the community development director on forms provided by the city. The application shall be accompanied by the application fee and a map drawn to scale that shows the affected lots, the dimensions of each lot, the existing lot lines, the proposed new lot lines and the locations of all buildings and easements of record. The drawing accompanying the application need not be prepared by a licensed land surveyor or engineer. However, the final drawing to be recorded shall bear the seal and signature of a licensed surveyor or licensed engineer.
B. The application shall include the following information:
1. The names and addresses of all property owners of record as shown in the records of the Pierce County Assessor’s office;
2. The name, address and telephone number of the applicant;
3. The legal descriptions for all lots involved in the lot line adjustment;
4. The current zoning for all lots affected by the lot line adjustment;
5. The legal descriptions for proposed lots after approval of the lot line adjustment;
6. A title certificate issued within 30 days from the date of the application showing the owner of record and any encumbrances upon the property;
7. Attachments signed by all owners of record, if not having signed the application, and all mortgagors or other lienholders of record consenting to the lot line adjustment;
8. The certification of the applicant that the information contained in the application and accompanying documents is true and correct to the best of their knowledge and belief;
9. A map of the proposed lot line adjustment prepared by a licensed land surveyor (five copies). The original plan must be drawn in black ink on mylar (stabilized drafting film – ammonia mylars cannot be accepted), but is not required by the city at the time of initial application. The map scale shall not be less than one inch equals 40 feet; provided, however, the community development director may, in his discretion, approve another scale if he determines the new scale is appropriate for the evaluation of the application. The map shall be on sheets 18 inches by 24 inches, with a two-inch margin on the left side of the sheet, a half-inch border on all other sides, and shall include the following:
a. North arrow and graphic scale. The north arrow must be oriented to the top of the plan sheet;
b. Proposed square footage of each lot;
c. Dimensions of all existing property lines and the proposed new boundary line or lines;
d. All adjacent streets;
e. Dimensions and types of easements (if any);
f. Existing structures and distances to property lines;
g. Parcel numbers (Lot 1, Lot 2, etc.);
h. Signature blocks for property owners;
i. Signature blocks for approval by the city and the county assessor;
j. Legal descriptions for each “new” lot, including section, township and range, together with square footage for each (include calculations);
k. Old (original) legal descriptions for each lot; and
l. “Old lot line(s)” and “new lot line(s)” clearly labeled and differentiated by line type;
10. Vicinity map (five copies): A vicinity map at a scale of one inch equals 200 feet shall be provided with all development applications. (If the applicant wishes to use another scale, authorization to do so shall be obtained in advance from the department of community development.) This map shall show surrounding properties, lines and land uses. In addition, the map shall include a north arrow (true north) with north oriented to the top of the page, the scale used for the map and city street names for all streets shown;
11. Topographical map of the site with a minimum of two foot contours with spot elevations at no less than 50-foot intervals, each direction; provided, however, the community development director may, in his discretion, waive the requirement of a topographical map if he determines a map is not necessary to adequately evaluate the application;
12. Project narrative (five copies): Describe the proposed lot line change(s) and the reasons for the requested change(s). Indicate the number of parcels involved;
13. Quit claim deeds (five copies): Provide copies of the draft quit claim deeds. Note: The city will request the original deeds at the time of recording the lot line adjustment mylar (if applicable); and
14. Pierce County health department approval for septic (if applicable). (Ord. 1149 § 1, 1993; Ord. 1123 § 3, 1992).
18.50.040 Standard for review.
The community development director shall review the lot line adjustment application in accordance with the following standards:
A. The lot line adjustment will not create any additional lot;
B. The lot line adjustment will not create a lot that contains insufficient area and dimension to meet the minimum requirements for width and area for a building site;
C. Existing structures shall still meet zoning setback requirements in effect at the time of the lot line adjustment application. The resulting lot shall meet all zoning requirements in effect at the time of the application;
D. The resulting lots will not adversely affect access or easements of record; and
E. The resulting lots shall comply with all applicable conditions and provisions of the original plat or short plat. (Ord. 1123 § 5, 1992).
18.50.050 Final approval.
A. The community development director shall provide the applicant a list of any deficiencies in the application within 30 days from the date a complete application is received. The applicant shall then resubmit his application within 60 days of the date of the community development director’s response; provided, however, the applicant may request that the community development director extend the amount of time the applicant has to resubmit his application if a written request for extension is received by the community development director within the above-referenced 60-day period. The community development director may, in his discretion, grant an extension of not more than six months. Only one extension can be granted. If the applicant fails to comply with this time requirement, then the file shall be closed and a new application, along with a new application fee, will be required to process the lot line adjustment.
B. In order to obtain final approval, the applicant shall submit a final drawing containing the same information as required for a short subdivision and, once approved by the community development director, the same shall be recorded by the community development department with the Pierce County auditor and said lot line adjustment shall be effective upon the date of recording. (Ord. 1123 § 6, 1992).
|
Code Publishing Company Code Publishing's website Voice: (206) 527-6831 Fax: (206) 527-8411 E-mail Code Publishing |
|
|