Title 16
SUBDIVISIONS¹

Chapters:

16.04 General Provisions

16.08 Definitions

16.10 Gated Communities

16.12 Plat Approval Procedure

16.16 Design Requirements

16.20 Required Improvements

16.24 Enforcement and Penalties

16.28 Short Subdivisions

16.29 Boundary Line Revisions

16.30 Binding Site Plans

16.84 Transportation Impact Fee and Mitigation Program

Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010 Purpose.

16.04.020 Application approval authority – Administrator.

16.04.030 Advance notice of proposals to adopt, amend or repeal subdivision or short subdivision ordinances or code provisions.

16.04.010 Purpose.

Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the public, the developer and the future owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. (Ord. 1405 § 1, 1999).

16.04.020 Application approval authority – Administrator.

A. The council, acting through the advice and recommendations of the planning commission, will approve or disapprove applications for plats, subdivision, or dedications.

B. The planning and community development director, or his/her designee, is appointed and will act as land use administrator. (Ord. 1663 § 9, 2006; Ord. 1484 § 2, 2001; Ord. 1405 § 1, 1999).

16.04.030 Advance notice of proposals to adopt, amend or repeal subdivision or short subdivision ordinances or code provisions.

A. Notice of any proposal to be considered by council for the adoption, amendment or repeal of any ordinance or section of this title shall be published in the city’s official newspaper of record no later than 10 days prior to any proposed action by the council.

B. Written notice shall be mailed to any individual or organization requesting same if the individual or organization provides the city clerk or land use administrator with a written request for notice including a current complete mailing address and a statement agreeing to pay for said notice a reasonable fee as determined by the city clerk. (Ord. 1405 § 1, 1999).

Chapter 16.08
DEFINITIONS

Sections:

16.08.005 Access corridor.

16.08.010 Comprehensive plan.

16.08.020 Dedication.

16.08.025 Developer.

16.08.030 Final approval.

16.08.040 Final plat.

16.08.042 Improvement.

16.08.044 Lots.

16.08.046 Original tract.

16.08.050 Planning commission.

16.08.060 Preliminary approval.

16.08.070 Preliminary plat.

16.08.072 Reserved road area.

16.08.074 Short subdivision.

16.08.080 Subdivider.

16.08.090 Subdivision or plat.

16.08.100 Gated community.

16.08.005 Access corridor.

“Access corridor” means a portion of one or more lots in a short plat that provides access for one to three other lots via an easement across the intervening properties. For purposes of determining setbacks, the access corridor shall be treated as right-of-way. All lots served by and adjacent to an access corridor shall be considered corner lots, with the public street to which the access corridor connects treated as one adjacent street and the access corridor as the second adjacent street. (Ord. 1561 § 1, 2003).

16.08.010 Comprehensive plan.

“Comprehensive plan” means the officially adopted plan which has been prepared by the city planning commission and the city council for the physical development of the municipality. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.020 Dedication.

“Dedication” means the deliberate appropriation of land by its owner for any general and public use. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.025 Developer.

“Developer” means the person, party, firm or corporation who applies for a plat. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.030 Final approval.

“Final approval” means the final official action taken on the proposed plat, subdivision or dedication, or portion thereof, that has previously received preliminary approval. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.040 Final plat.

“Final plat” means the subdivision or dedication, or any portion thereof, which has been prepared for filing of record by the Pierce County/King County auditor, and contains those elements and requirements set forth in this title. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.042 Improvement.

“Improvement” means 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, roads, alleys, storm drainage systems, ditches, sanitary sewer pipes or main lines, and storm drainage containment facilities. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.044 Lots.

“Lots” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term includes tracts or parcels. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.046 Original tract.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership on the effective date of this chapter 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. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.050 Planning commission.

“Planning commission” means that commission established by the city council of the city. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.060 Preliminary approval.

“Preliminary approval” means the official action taken on the proposed plat, subdivision or dedication. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.070 Preliminary plat.

“Preliminary plat” contains the elements and requirements set forth in this title. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.072 Reserved road area.

“Reserved road area” means a defined area of land within the short subdivision or plat which is required to be dedicated to the city to be reserved for a future road. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.074 Short subdivision.

“Short subdivision” means a division of land into four or less lots, tracts, parcels, sites or subdivisions for the purpose of sale or lease. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.080 Subdivider.

“Subdivider” means any person, firm or corporation proposing to make a subdivision. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.090 Subdivision or plat.

“Subdivision” or “plat” means an area of land which has been divided into five or more lots, plots, tracts, or other divisions of land. (Ord. 1491 § 1, 2001; Ord. 1405 § 1, 1999).

16.08.100 Gated community.

“Gated community” means a parcel or development containing three or more dwelling units that has a secured limited access gate at its entrance or entrances. (Ord. 1491 § 1, 2001).

Chapter 16.10
GATED COMMUNITIES

Sections:

16.10.010 Applicability – Development requirements.

16.10.010 Applicability – Development requirements.

Gated communities are allowed under the following conditions:

A. These provisions shall apply to parcels or developments of three or more dwelling units.

B. All persons wishing to install a gate shall obtain a building permit for the gate.

C. All streets with or within gates shall be privately owned and maintained. The street shall be designed to public street design and construction standards.

D. All gates shall have Opticom activation system or equivalent and compatible system that is approved by the police and fire chiefs.

E. All gates must be electronically activated and shall have default capabilities to the unlocked position.

F. The minimum clear width of a gate shall be compatible with the street lane required width.

G. Gates that might be obstructed by the accumulation of snow shall not be installed.

H. A vehicular turn-around must be provided in front (between the gate and the public street) of the gate.

I. Gates shall be a minimum of 60 feet back from the public street for developments of 20 units or more and 30 feet back from the public street for developments of 19 units or fewer. This allows stacking and turn around for vehicles.

J. For developments with more than one gate, all gates must be operable at all times. (Ord. 1491 § 2, 2001).

Chapter 16.12
PLAT APPROVAL PROCEDURE

Sections:

16.12.010 Two steps required for approval.

16.12.015 Sale limitation.

16.12.020 Preliminary plat – Fee.

16.12.030 Preliminary plat – Scale – Lettering of sheets.

16.12.040 Preliminary plat – Required information.

16.12.050 Preliminary plat – Supplemental data.

16.12.055 Approval criteria.

16.12.060 Preliminary plat – Referral to other agencies.

16.12.070 Preliminary plat – Notice of hearing.

16.12.080 Preliminary plat – Submission of administrator’s recommendations.

16.12.090 Preliminary plat – Planning commission review and recommendation.

16.12.100 Preliminary plat – Planning commission action/failure to act.

16.12.110 Preliminary plat – Approval does not approve final plat.

16.12.120 Preliminary plat – Final plat submission time limits.

16.12.130 Final plat – Material – Size – Lettering.

16.12.140 Final plat – Approval of portion permitted when – Automatic time extension.

16.12.150 Final plat – Submittal of original and copies.

16.12.160 Final plat – Hearing notification.

16.12.170 Final plat – City council action.

16.12.180 Final plat – Approval not to constitute approval of public ways.

16.12.190 Final plat – Required information.

16.12.195 Appeal.

16.12.200 Violation – Penalty.

16.12.010 Two steps required for approval.

The procedure for review and approval of a subdivision plat consists of two separate steps. The initial step is the preparation and submission to the council through the planning commission of a preliminary plat of the proposed subdivision. The second step is the preparation and submission to the council of a final plat, together with required certificates. This final plat becomes the instrument to be recorded in the office of the county auditor when duly signed by the officials as set forth in this title. The subdivider should consult early and informally with the land use administrator and his/her technical staff for advice and assistance before preparation of a preliminary plat and its formal application for approval. No plat of a subdivision of land within the city shall be filed or recorded by the auditor of Pierce/King County without the approval of the council as specified in this title. (Ord. 1405 § 1, 1999).

16.12.015 Sale limitation.

After the filing of the preliminary plat, the subdivider may sell the entire plat or subdivision during the subdivision process as provided for in this chapter. During the subdivision process, the developer may enter into an agreement to sell, or offer to sell, any lot, block or other portion of said preliminary plat or subdivisions, provided the provisions and requirements of RCW 58.17.205, and if applicable, RCW 58.17.130 or as hereinafter amended, are complied with and further provided that the sale shall not be completed until the final plat approval by the council is obtained and the final plat is recorded. (Ord. 1405 § 1, 1999).

16.12.020 Preliminary plat – Fee.

In order to secure review and approval of a proposed subdivision, the subdivider or his authorized agent shall submit the nonrefundable application fee as per Chapter 3.48 MMC. (Ord. 1405 § 1, 1999).

16.12.030 Preliminary plat – Scale – Lettering of sheets.

The preliminary plat shall be drawn to a scale not smaller than one inch equals 100 feet. When more than one sheet is required, an index sheet of the same size shall be filed, showing the entire subdivision, with the sheets lettered in alphabetical order as a key. (Ord. 1405 § 1, 1999).

16.12.040 Preliminary plat – Required information.

Preliminary plat shall be accompanied by a fee in an amount in accordance with the fee schedule established by the city council and shall include the following information:

A. The legal description of the property to be subdivided; the proposed subdivision name and location; the name and address of the owner or owners; and the name of the designer of the plat, who shall be a licensed civil engineer or land surveyor. The proposed name of the subdivision shall not duplicate the name of any existing subdivision within the corporate limits of the city;

B. Date, approximate north point and graphic scale;

C. The location of existing and platted property lines, streets, and all public utility easements; the recorded names of adjoining owners of unplatted land or the recorded names of adjoining subdivisions;

D. The locations, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations, lot lines, and building lines;

E. The preliminary plat shall have attached to it copies of protective covenants proposed to be included in the deeds. (Ord. 1405 § 1, 1999).

16.12.050 Preliminary plat – Supplemental data.

The land use administrator may require the following supplemental data be shown on the preliminary plat or on supplemental drawings accompanying the preliminary plat.

A. Location map showing relationship of subdivision site to the city and showing how the present streets will be utilized to serve the proposed subdivision. The scale of the location map shall be a minimum of four inches equals one mile;

B. The acreage of the land to be subdivided, the number of lots, percent of land in streets, and the percent of land in parks or playgrounds;

C. Benchmark location and elevations based on datum approved by the city public works department and the city engineer;

D. Contour lines at five-foot intervals of existing ground elevation. If slope of the ground exceeds 10 percent, the contour intervals may be 10 feet;

E. Locations of existing structures, utilities, and watercourses, including drainage ditches and culverts;

F. The zoning classification of the land to be subdivided and of the adjoining land;

G. Plans of proposed utility layouts (future sewers, water, and electricity) showing feasible connections to the existing, or any proposed utility systems;

H. Approximate profiles, gradients and cross-sections of proposed streets, gutters, curbs, and sidewalks;

I. Location and depth of proposed cuts or fills to finished grade if anticipated depth exceeds two feet;

J. Location and log of soil test holes. (Ord. 1405 § 1, 1999).

16.12.055 Approval criteria.

A. The city council, before approval is given, shall inquire into the public use and interest proposed to be served by the establishment of a subdivision and dedication. The city council shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and schoolgrounds, 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 determine whether the public interest will be served by the subdivision and dedication. Dedication of land, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. If the city council finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare, for open spaces, drainage ways, streets, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the city council finds that the proposed plat does not make such provisions or that the public use and interest will not be served, then the city council may disapprove the proposed plat. Dedication of land may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The city may not require the procurement of a release from damages from other property owners as a condition of subdivision approval.

B. A proposed subdivision site may be disapproved because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

C. No plat shall be approved covering any land situated in a flood control zone, as provided in Chapter 86.16 RCW, without prior written approval of the Department of Ecology of the state of Washington. (Ord. 1665 § 1, 2006; Ord. 1405 § 1, 1999).

16.12.060 Preliminary plat – Referral to other agencies.

The land use administrator shall refer prints of the preliminary plat to the city public works department, the city engineer and any other agencies designated. (Ord. 1405 § 1, 1999).

16.12.070 Preliminary plat – Notice of hearing.

The land use administrator shall cause at lease three notices of public hearing, giving notice of time and place of such hearing to be held, to be posted in conspicuous places, one such notice to be posted on or adjacent to the land to be subdivided, at least 10 days prior to such hearing. The planning commission may give additional notice, as it deems requisite, to the adjacent landowners and others. (Ord. 1405 § 1, 1999).

16.12.080 Preliminary plat – Submission of administrator’s recommendations.

The land use administrator shall submit recommendations, together with the recommendations of other municipal agencies, to the planning commission. (Ord. 1405 § 1, 1999).

16.12.090 Preliminary plat – Planning commission review and recommendation.

The planning commission shall review the preliminary plat and other material submitted in conformity with this title. The planning commission may recommend to the subdivider on changes deemed advisable and the kind and extent of improvements to be made and within the time periods identified in Chapter 17.61 MMC. The planning commission may recommend its approval as conditional approval and state the conditions of such approval; or, if disapproval is recommended, shall express its reasons for disapproval in the recommendation submitted to the city council. The actions of the planning commission shall be recorded in the minutes of its meetings, and a copy of these minutes shall be furnished to the council. (Ord. 1405 § 1, 1999).

16.12.100 Preliminary plat – Planning commission action/failure to act.

A. The recommendation of the planning commission regarding, the preliminary plat shall be submitted to the council not later than 14 days following action by the planning, commission. Upon receipt of the recommendation on any preliminary plat the council shall at its next public meeting set the date for the public meeting where it may adopt or reject the recommendations of the planning commission. If after considering the matter at a public meeting, the council deems a change in the planning commission’s recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the council shall conduct a public hearing and thereupon adopt its own recommendations and approve or disapprove the preliminary plat.

B. Upon failure of the planning commission to act on the preliminary plat within 45 days of filing completion of preliminary review by the city’s land use administrator, the preliminary plat application shall be forwarded for action to the council, which shall act on the preliminary plat application within 30 days of receipt unless the subdivider agrees in writing to an extension of time for council action. (Ord. 1405 § 1, 1999).

16.12.110 Preliminary plat – Approval does not approve final plat.

Approval of a preliminary plat shall not constitute approval of the final plat, rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat. (Ord. 1405 § 1, 1999).

16.12.120 Preliminary plat – Final plat submission time limits.

The approval of the preliminary plat shall lapse if a final plat based thereon is not submitted within five years from the date of such approval, unless an extension of time is applied for and granted by the council. (Ord. 1405 § 1, 1999).

16.12.130 Final plat – Material – Size – Lettering.

The final plat shall be drawn in ink on mylar measuring 18 inches by 24 inches long and shall be at a scale of not less than one inch equals 100 feet. If more than one sheet is required, an index sheet of the same size shall be filed, showing the entire subdivision with the sheets lettered in alphabetical order as a key. (Ord. 1405 § 1, 1999).

16.12.140 Final plat – Approval of portion permitted when – Automatic time extension.

The final plat shall conform substantially to the preliminary plat as approved and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time the preliminary plat was approved; provided, however, that such

portion conforms to all requirements of this title. Final approval of a portion of the preliminary plat constitutes an automatic extension of time for the remainder of the preliminary plat for one year from the date of approval of a portion of the final plat. (Ord. 1405 § 1, 1999).

16.12.150 Final plat – Submittal of original and copies.

The subdivider shall submit the original final plat drawing in black ink on a mylar and 11 copies (black and white prints) together with any street profiles or other plans that may be required to the land use administrator. (Ord. 1405 § 1, 1999).

16.12.160 Final plat – Hearing notification.

The land use administrator shall notify the public works department, the city engineer, building inspector and any other agency that may be interested in subdivision that a hearing is to be held on the final plat of a subdivision and that the preliminary plat has been approved. If any recommendations have been made by an agency, the land use administrator shall notify the agency as to what action has been taken. (Ord. 1405 § 1, 1999).

16.12.170 Final plat – City council action.

Within 60 days after filing of the final plat application, the city council shall either approve or disapprove the final plat. In the event of disapproval, the subdivider shall be notified of the reasons for disapproval. (Ord. 1405 § 1, 1999).

16.12.180 Final plat – Approval not to constitute approval of public ways.

Approval of the final plat shall not constitute acceptance by the public of the dedication of any streets or other public way or ground. (Ord. 1405 § 1, 1999).

16.12.190 Final plat – Required information.

The final plat shall show:

A. The legal description of the plat boundary;

B. Primary control points such as street lines or official monuments which are approved by the city engineer and to which all dimensions, angles, bearings, and similar data on the plat shall be referred;

C. The true courses and distances from the control points on the plat to municipal, township, county or section lines and monuments;

D. Tract boundary lines; right-of-way lines of streets, roads, alleys, easements and other rights-of-way; property lines of residential lots, areas or reservations to be dedicated for public use, and areas to be reserved for any other use with notes stating the purpose of the areas and all limitations thereon. All lots shall be numbered in sequence. Easements for privately owned utilities may be shown by note on the plat;

E. Sufficient data to determine readily and reproduce on the ground the location, length and bearing or curvature of every boundary line, right-of-way line, easement line, and property line and including all curve data for curved lines;

F. All dimensions to the nearest one-tenth of a foot and angles to the nearest second;

G. The location and description of all monuments;

H. The names and locations of adjoining subdivisions and streets and the location and ownership of adjoining unsubdivided property;

I. Date, title, name and location of subdivision, drawing scale and true north reference arrow;

J. Certification showing that applicant is the landowner and dedicates streets, rights-of-way and any sites for public use, and acknowledgment by a notary public as to the validity of the foregoing certification;

K. Certification by a licensed civil engineer or land surveyor that a survey has been made and that monuments and stakes have been set;

L. Certification by the county treasurer that all taxes on property included in the proposed plat, subdivision or dedication have been paid;

M. Certification by the county assessor that all assessments against property included in the proposed plat have been paid;

N. Statement of minimum requirements and protective covenants. Protective covenants may be recorded and filed separately with the county auditor, in which case notation to that effect and the filing fee number shall be shown on the plat;

O. Certification by the city that the subdivider has complied with one of the following:

1. All improvements have been installed in accordance with the requirements of this title; or

2. A security bond or certified check has been posted by the subdivider in sufficient amount to ensure such completion of all improvements; or

3. A contract has been signed by a contractor and the subdivider in which the contractor has agreed to install the required improvements and has furnished a performance bond to the city ensuring that the required improvements shall be installed; or

4. A combination of any of these methods;

P. Certification by the land use administrator that all of the SEPA mitigation measures were performed;

Q. Approval by the city council as evidenced by the signatures of the mayor, public works director, fire chief, police chief, land use administrator, and the city clerk. (Ord. 1542 § 1, 2002; Ord. 1405 § 1, 1999).

16.12.195 Appeal.

A party with standing may appeal the council’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1405 § 1, 1999).

16.12.200 Violation – Penalty.

Any person, firm, corporation, or association or any agent of any person, firm, corporation or association who violates any provision of this chapter 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 chapter shall be deemed a separate and distinct offense. (Ord. 1405 § 1, 1999).

Chapter 16.16
DESIGN REQUIREMENTS

Sections:

16.16.010 Streets – Conformance to existing codes.

16.16.020 Lots – Arrangement – Frontage required.

16.16.030 Lots – Size and shape – Sewers and parking requirements.

16.16.040 Building setback lines.

16.16.050 Corner lot size.

16.16.060 Playgrounds and parks.

16.16.070 Public open spaces.

16.16.080 Utility easements.

16.16.090 Natural features.

16.16.100 Site suitability.

16.16.110 Future streets and subdivision on large parcels.

16.16.130 Conformance with zoning and building regulations.

16.16.010 Streets – Conformance to existing codes.

No dedication of a street shall be accepted as a street unless it conforms to the latest street ordinance requirements as stated in Chapter 12.24 MMC. (Ord. 1405 § 1, 1999).

16.16.020 Lots – Arrangement – Frontage required.

Lots shall be arranged as the planning commission, public works department or city engineers consider necessary to secure efficient use of land topography and desired features of street pattern. Each lot must front upon a minimum 20 feet of a public street or road and be accessed directly from said frontage. (Ord. 1405 § 1, 1999).

16.16.030 Lots – Size and shape – Sewers and parking requirements.

A. The size, shape and orientation of lots shall be such as the planning commission deems appropriate for the type of development and use contemplated. The subdivider shall provide a connection to the sewer system for each lot.

B. The size and widths of lots shall in no case be less than the minimum requirements of any zoning code in effect.

C. Size of properties reserved or laid out for commercial or industrial properties shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. Platting of individual lots shall be avoided in favor of an overall design of the land to be used for such purpose. (Ord. 1405 § 1, 1999).

16.16.040 Building setback lines.

The minimum depth of building setback lines from the street shall conform to the zoning codes. (Ord. 1405 § 1, 1999).

16.16.050 Corner lot size.

Corner lots shall be sufficiently wider and larger to permit the additional side yard requirements of the zoning code. (Ord. 1405 § 1, 1999).

16.16.060 Playgrounds and parks.

Due consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds and parks for local or neighborhood use, as well as public service areas. This consideration may include private park provisions, dedications, or a financial contribution (fee in lieu of construction) to the city. (Ord. 1405 § 1, 1999).

16.16.070 Public open spaces.

Where a school, park or recreation area or public access to water frontage shown on an official map or in a plan made and adopted by the planning commission or council is located in whole or in part in the applicant’s subdivision, the council may require the dedication or reservation of such open space within the subdivision up to a total of 10 percent of the gross area of the plat for park, school or recreation purposes. (Ord. 1405 § 1, 1999).

16.16.080 Utility easements.

Except where alleys are permitted, easements not exceeding 15 feet in width for poles, wires, conduits, storm and sanitary sewers, gas, water and heat mains, or other utility lines, along all rear lot lines and along side lot lines, if necessary, may be required. Easements of the same or greater width may be required along the fines of, or across, lots where necessary for the extension of the existing or planned utilities. (Ord. 1405 § 1, 1999).

16.16.090 Natural features.

In all subdivisions, due regard shall be shown for all natural features, such as large trees, watercourses, historical spots and similar community assets, which, if preserved, will add attractiveness and value to the property. (Ord. 1405 § 1, 1999).

16.16.100 Site suitability.

The subdivision of land shall not be approved if, from adequate investigations conducted by public agencies concerned, it has been determined that in the best interests of the public the site is not suitable for platting and development purposes of the kind proposed. (Ord. 1405 § 1, 1999).

16.16.110 Future streets and subdivision on large parcels.

When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow for the opening of future streets and further subdivision. (Ord. 1405 § 1, 1999).

16.16.130 Conformance with zoning and building regulations.

A. No final plat of land within the force and effect of an existing zoning ordinance will be approved unless it is in conformity with such ordinance.

B. Whenever there is a discrepancy between minimum standards or dimensions noted in this title and those contained in zoning regulations, building code, or other official regulations, the most restrictive shall apply. (Ord. 1405 § 1, 1999).

Chapter 16.20
REQUIRED IMPROVEMENTS

Sections:

16.20.010 Improvements required for final plat approval.

16.20.020 Monuments.

16.20.030 Street establishment.

16.20.040 Underground utility work – Driveway drainage.

16.20.050 Water mains.

16.20.060 Fire hydrants.

16.20.010 Improvements required for final plat approval.

The following tangible improvements or guarantee of same as per MMC 16.12.190(P) are required before final plat approval in order to assure the physical reality of a subdivision which approval and recordation will establish legally. (Ord. 1405 § 1, 1999).

16.20.020 Monuments.

Monuments shall conform to American Public Works Association (APWA) Standards, copies of which are available for inspection in the City Hall. The monument case with monument frame and cover shall be in conformance with APWA standard plan 20. The monument shall be precast concrete and in conformance with APWA standard plan 21. Each monument shall include a bronze monument marker installed in conformance with APWA standard plan 19. Monuments shall be set at all street comers, at all points where the street lines intersect the exterior boundaries of the subdivision, and at angle points and points of curve in each street. Monuments shall be installed with the finished grade as directed by the public works department or the city engineer. All surveys shall be within an accuracy that will not exceed an error of closure of one foot in 5,000 feet. The use of state plan coordinates is encouraged. (Ord. 1405 § 1, 1999).

16.20.030 Street establishment.

Streets will be established and improved in accordance with existing ordinances. (Ord. 1405 § 1, 1999).

16.20.040 Underground utility work – Driveway drainage.

After grading is completed and approved, and before any base is applied, all of the underground work – water mains, gas mains, etc., and all service connections – shall be installed completely and approved throughout the length of the road and across the flat section. All driveways for houses to be built by the developer shall be cut and drained. (Ord. 1405 § 1, 1999).

16.20.050 Water mains.

Water mains properly connected to the Milton water supply system shall be constructed in such a manner as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. The sizes of water mains, the location and types of valves and hydrants, the amount of soil cover over the pipes, and other features of the installation, shall be approved by the city public works department or the city engineer and shall conform to accepted standards of good practice for municipal water systems, in accordance with local ordinances.

Water mains properly connected to the Lakehaven water supply system shall be constructed in such a manner as to adequately serve all lots shown on the subdivision plat for both domestic use and fire protection. The sizes of water mains, the location and types of valves and hydrants, the amount of soil cover over the pipes, and other features of the installation, shall be approved by the Lakehaven water district. (Ord. 1405 § 1, 1999).

16.20.060 Fire hydrants.

All fire hydrants shall be installed as per the requirements of Chapter 15.12 MMC. (Ord. 1405 § 1, 1999).

Chapter 16.24
ENFORCEMENT AND PENALTIES

Sections:

16.24.010 Violation – Penalty.

16.24.020 Acceptance required for road lighting and utility construction.

16.24.010 Violation – Penalty.

A. The enforcement of this title and the penalties for the unapproved recordation or transfer of land are provided by state law.

B. The owner, or agent of the owner, of land located in a plat or subdivision who transfers or sells, or agrees to sell or option any land by reference to, or exhibition of, or by any other use of, a plat or map of a subdivision before it has been approved and filed, shall forfeit and pay a penalty of $1,000 for each lot or parcel so transferred or sold, or agreed or optioned to be sold. The description of the lot by metes and bounds in the instrument of transfer, agreeing or optioning, shall not exempt the transaction from the penalty, nor from the remedies herein provided. (Ord. 1405 § 1, 1999).

16.24.020 Acceptance required for road lighting and utility construction.

The city shall not light any road, lay, or authorize the laying of water mains or sewers, or the construction of other facilities or utilities, in any road located within the city unless such road shall have been accepted, opened, or shall have otherwise received the legal status of a public road prior to the adoption of this title, or unless such road corresponds in its location and lines to a road shown on a subdivision plat previously approved or on a road plan adopted by the city council. (Ord. 1405 § 1, 1999).

Chapter 16.28
SHORT SUBDIVISIONS

Sections:

16.28.020 Effective date – Number of parcels permitted.

16.28.030 Exemptions.

16.28.040 Further division unauthorized within five years.

16.28.050 Repealed.

16.28.060 Filing – Required contents.

16.28.070 Environmental impact statement required when.

16.28.080 Surveys required when – Waiver permitted when.

16.28.090 Official review authority.

16.28.100 Access requirements.

16.28.105 Pedestrian safety requirements.

16.28.110 Future street reservations.

16.28.120 Access required.

16.28.130 Access standards.

16.28.140 Lot shape – Avoidance of irregular lot shapes.

16.28.150 Easement requirements.

16.28.160 Report of decisions.

16.28.190 Short plat approval no guarantee of other approval.

16.28.200 Notice to adjacent landowners – Copy of plat required for sale.

16.28.210 Appeal of city council action authorized.

16.28.230 Violation – Penalty.

16.28.020 Effective date – Number of parcels permitted.

Every short plat and short subdivision shall comply with the provisions of this chapter and the sections hereof. The short subdivision areas shall consist only of the one to four parcels, lots or tracts of land which are divided from the original tract now proposed to be sold or leased. (Ord. 1405 § 1, 1999).

16.28.030 Exemptions.

Pursuant to RCW 58.17.040 the provisions of this chapter shall not apply to:

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, unless the governing authority of the city in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions; 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 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 the city has approved a binding site plan for the use of the land in accordance with local regulations;

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 the city has approved a binding site plan for the use of the land in accordance with local regulations;

F. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots, or both, which does not create any additional lot, 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 area for a building site; and

G. Divisions of land into lots or tracts if:

1. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;

2. The improvements constructed or to be constructed thereon are required by the pro-visions of the binding site plan to be included in one or more condominiums, or owned by an association or other legal entity in which the owners of the units therein, or the owners’ associations have a membership or other legal or beneficial interest;

3. A city has approved the binding site plan for all such land;

4. Such approved binding site plan is recorded in the county or counties in which such land is located; and

5. The binding site plan contains thereon the following statement: “All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.” The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by the city:

i. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or

ii. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or

iii. If not approved pursuant to subsections (G)(5)(i) and (G)(5)(ii) of this section, then pursuant to such other procedures as such city may have established for the approval of a binding site plan. (Ord. 1405 § 1, 1999).

16.28.040 Further division unauthorized within five years.

The land within a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 1405 § 1, 1999).

16.28.050 Separate short plats authorized when.

Repealed by Ords. 1641 and 1652. (Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.060 Filing – Required contents.

A. One mylar original tracing and four prints of a proposed short plat shall be filed with the city clerk.

B. A short plat shall meet the following standards:

1. Drawn 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, area 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 on second 18-inch by 24-inch mylar sheet shall be reserved for comments and appropriate county 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. 1561 § 2, 2003; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.070 Environmental impact statement required when.

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 or his designee determines that said 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, avalanches or flooding from a flood of a 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. 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. 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 as provided in city ordinances shall be followed.

C. If an environmental impact statement is required, the short plat shall be reviewed by council. The council may approve or disapprove the short plat for environmental reasons. (Ord. 1405 § 1, 1999).

16.28.080 Surveys required when – Waiver permitted when.

A. Surveys shall be required for all short plats and short subdivisions; provided, that all surveys shall be accomplished as required by the Survey Recording Act (Chapter 50, Washington Laws of 1973 or as hereafter amended), and shall be monumented as stated in this chapter.

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 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. (Ord. 1405 § 1, 1999).

16.28.090 Official review authority.

A. In his/her capacity to approve short plats, the planning and community development director or his/her designee shall direct the review of short plats by appropriate departments and technical expertise based upon the following criteria:

1. Adequacy of access, storm drainage facilities, water supply, sewer system, survey accuracy, feasibility for building sites.

2. Conformance with zoning laws and the comprehensive plan.

3. Adequacy of pedestrian safety requirements.

4. Adequacy of the fire protection water system.

B. The planning and community development director or his/her designee shall delegate the decisionmaking authority to the hearing examiner if written comments from three or more members of the public (each from a separate dwelling unit) express interest in adverse impacts during the public comment period specified in MMC 16.28.200. The hearing examiner shall conduct a public hearing prior to making a final decision on the short plat application. (Ord. 1663 § 10, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.100 Access requirements.

A. The proposed short plat shall be reviewed by the land use administrator for adequate ingress and egress to all proposed lots. Extension of streets or access rights from the property line to property line of the short subdivision land may be required in order that such street access may be extended in the future.

B. If there is other reasonable access available, the land use administrator may limit the location of direct access to city arterial or other city streets.

C. A right-of-way which is proposed to be dedicated to the city shall not be so dedicated, unless it meets city standards.

D. When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the face of the short plat. (Ord. 1405 § 1, 1999).

16.28.105 Pedestrian safety requirements.

As a condition of short plat approval, the planning and community development director or his/her designee is required to make a finding that appropriate provisions are made for considering sidewalks and other planning features that assure safe walking conditions for those who walk to and from school. The planning and community development director or his/her designee shall have the authority to condition approval on the provision of pedestrian safety requirements. (Ord. 1663 § 11, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.110 Future street reservations.

Where a city street or arterial may be or is being planned for the short subdivision land area, the planning and community development director or his/her designee may require that a right-of-way up to 60 feet in width be reserved for a future street. (Ord. 1663 § 12, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.120 Access required.

Each lot shall have direct access to a public street or shall be served by an access corridor such as a private street, tract, access easement or panhandle having direct access to a public street. (Ord. 1561 § 3, 2003).

16.28.130 Access standards.

Private streets, access corridors, tracts and panhandles may be approved by the land use administrator, upon concurrence by the city engineer and fire marshal.

A. The minimum width for a panhandle, an access tract or an access corridor serving one or two lots shall be 20 feet with a minimum pavement width of 14 feet unless the access is needed for a fire lane. If the access is needed for a fire lane, a minimum width of 30 feet with a minimum pavement width of 20 feet is required. The minimum width of an access tract or corridor that serves three or four lots shall be 30 feet with a minimum pavement width of 20 feet. No parking shall be permitted within a panhandle, access tract, access corridor or fire lane.

B. Access corridors more than 150 feet in length but less than 300 feet in length shall provide a minimum 20-foot-wide fire lane for the length of the access corridor and a dedicated hammerhead turnaround subject to approval of the fire marshal. Access corridors more than 300 feet in length shall provide a minimum 20-foot-wide fire lane for the length of the access corridor and a cul-de-sac and/or fire sprinkler system for each dwelling unit subject to approval of the fire marshal. The length of the access corridor shall be measured along the center line of the access from the edge of the public right-of-way to the nearest lot line of the most distant lot.

C. Greater width may be required at the discretion of the land use administrator, with the concurrence of the city engineer and/or fire marshal, to address the need for such items as parking, drainage, or emergency access. Lesser width may be allowed on 30-foot-wide access corridors at the discretion of the land use administrator, with the concurrence of the city engineer and/or fire marshal, to address constraints such as critical areas or existing parcel boundaries.

D. The access corridor shall be included in the density calculation but shall not be included as part of a lot in determining the applicable bulk and dimensional regulations set forth in Chapter 17.15 MMC.

E. All short plats containing access corridors in private ownership shall record with the short plat such joint access easements, utility easements, emergency access easements, and covenants establishing a means for assessing maintenance costs and an organization for ensuring ongoing maintenance subject to approval of the land use administrator. Such covenants or documents shall obligate any seller to give written notice to any prospective purchaser of the annual cost and method of maintenance of the private access corridor.

F. Access corridors serving more than two lots shall have official city street designations and addresses; provided, that the private nature shall also be indicated by a street sign.

G. Access corridors shall be separated from other access corridors by at least one required minimum lot width. (Ord. 1561 § 4, 2003).

16.28.140 Lot shape – Avoidance of irregular lot shapes.

All lots created by the short subdivision that have five or more corners shall require approval of the shape of the lot by the land use administrator prior to approval of the short plat. The land use administrator shall base the approval on whether the lot shape is necessary or desirable due to factors including, but not limited to, critical areas, topography, natural features, street layouts, access, or existing parcel boundaries. The land use administrator may deny the creation of lots with five or more corners if the primary purpose of the lot shape is to meet minimum lot size or dimension requirements. (Ord. 1561 § 5, 2003).

16.28.150 Easement requirements.

A. Existing, legal easements less than the minimum required width may be allowed to remain; however, additional lots shall not be served by such existing easement unless widened to the minimum required width.

B. Drainage. The proposed short plat shall be reviewed for adequate drainage facilities. Requirements for any future necessary facilities which may depend upon the use of the land shall be stated on the face of the short plat.

C. Sewers. The proposed short plat shall be reviewed for sewer. No construction shall occur on any lot unless it is connected to a public sewer system. If known local conditions exist which may affect future building sites, these conditions shall be stated on the face of the short plat.

D. Easements. Easements shall be granted to assure that land within each short subdivision is adequately drained, and that all lots can be provided with water, fire protection, and utilities.

E. 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 shall be noted on the face of the short plat.

F. Water Supply and Fire Protection. The proposed plat shall be reviewed for potential adequacy of water supply and fire protection.

G. Subsections C, D and F shall not be considered as criteria for which a short plat may be denied, but may be considered as criteria for which a building permit may be denied. (Ord. 1405 § 1, 1999).

16.28.160 Report of decisions.

The planning and community development director or his/her designee shall provide regular reports to the planning commission and the city council on decisions issued pursuant to this chapter. (Ord. 1663 § 13, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.190 Short plat approval no guarantee of other 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. 1405 § 1, 1999).

16.28.200 Notice to adjacent landowners – Copy of plat required for sale.

A. Within 10 working days of deeming the application complete, the planning and community development director or his/her designee shall give notice as provided in MMC 17.72.040, but shall not be required to schedule a hearing or meeting. The notice shall provide for a 10-day written comment period (in addition to a three-day allowance for mailed notice) and the planning and community development director or his/her designee shall not make a final decision on the application until the comment period has expired. If the short subdivision is subject to hearing examiner review, notice requirements for the public hearing shall be governed by Chapter 17.72 MMC.

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. 1663 § 14, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.210 Appeal of city council action authorized.

A party with standing may appeal the planning and community development director’s or his/her designee’s final decision to the hearing examiner upon filing of a written appeal, stating the reasons for the appeal, with the community development department within 14 calendar days from the issuance of the decision. A party with standing may appeal the hearing examiner’s final decision pursuant to the provisions of the state’s Land Use Petition Act, RCW 36.70C.005 through 36.70C.140. (Ord. 1663 § 15, 2006; Ord. 1555 § 1, 2002; Ord. 1405 § 1, 1999).

16.28.230 Violation – Penalty.

Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this chapter 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 chapter shall be deemed a separate and distinct offense. (Ord. 1405 § 1, 1999).

Chapter 16.29
BOUNDARY LINE REVISIONS

Sections:

16.29.010 Purpose.

16.29.020 Approval criteria.

16.29.030 Application requirements.

16.29.040 Approval of declaration of boundary line revision.

16.29.010 Purpose.

This chapter is established to accommodate minor alterations in the locations of lot boundaries of existing lots and to establish the criteria for the land use administrator to evaluate such changes. (Ord. 1405 § 1, 1999).

16.29.020 Approval criteria.

A. The land use administrator shall review and approve, approve with conditions, or disapprove boundary line revisions as necessary to ensure compliance with the standards below. The land use administrator shall make written findings that the declaration of boundary line revision shall not:

1. Increase the number of lots;

2. Diminish the size of any lot so as to result in a lot of less area than prescribed by zoning or other regulations;

3. Create a subdivision alteration, as contemplated in RCW 58.17.215 as now or hereafter amended, by actions that include the following:

a. Creating or diminishing any easement or depriving any parcel of access or utilities;

b. Diminishing or impairing drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot;

c. Amending the conditions of approval for a previously platted property;

4. Increase the nonconforming aspects of an existing nonconforming lot;

5. Replat, or vacate a plat or short subdivision.

B. In the event a proposed boundary line revision creates a lot that has five or more corners, the land use administrator shall base the approval or denial on whether the lot shape is necessary or desirable due to factors including, but not limited to, critical areas, topography, natural features, street layouts, access, or existing parcel boundaries. The land use administrator may deny the creation of lots with five or more corners if the primary purpose of the lot shape is to meet minimum lot size or dimension requirements. (Ord. 1651 § 1, 2005; Ord. 1641 § 2, 2005; Ord. 1405 § 1, 1999).

16.29.030 Application requirements.

A. Application for a declaration of boundary line revision shall be made with the public works department. The plan shall be prepared by a licensed land surveyor on reproducible material. Unless otherwise approved by the land use administrator, the plan shall be produced at a scale of not less than one inch equals 100 feet. Unless otherwise approved by the land use administrator, the application shall be accompanied by a current title report or subdivision guarantee, three copies of the plan, and one mylar measuring 18 inches by 24 inches.

B. The plan shall identify the following:

1. Complete and accurate legal descriptions (including any recorded easements along with recording numbers) of the existing original parcel(s);

2. An accurate, scaled drawing of the existing (original) parcels, depicting the location of all roads, easements, structures, drainfields, and dimensions, distances from all structures to property lines, and the use of any structures;

3. The formal declaration (including a future subdivision clause if combining any lots);

4. Notarized acknowledgments and signatures of all property owners identified in the title report;

5. Complete and accurate legal descriptions (including any recorded easements along with recording numbers) of the revised parcel(s);

6. An accurate, scaled drawing of the revised parcels, depicting the location of all roads, easements, structures, drainfields, and dimensions, distances from all structures to property lines, and the use of any structures. (Ord. 1405 § 1, 1999).

16.29.040 Approval of declaration of boundary line revision.

The declaration of boundary line revision must be certified for filing by the land use administrator. The land use administrator will record the declaration of boundary line revision with the county auditor. The applicant shall pay all costs associated with this recording. (Ord. 1405 § 1, 1999).

Chapter 16.30
BINDING SITE PLANS

Sections:

16.30.010 Purpose.

16.30.020 Scope.

16.30.030 Application and plan requirement.

16.30.040 Approval of plan.

16.30.050 Certification of segregation.

16.30.060 Revision of plan.

16.30.070 Expiration period.

16.30.080 Appeal.

16.30.090 Enforcement.

16.30.010 Purpose.

This chapter is established to accommodate the division of land for the purpose of sale, lease, or other transfer of ownership and construction while promoting orderly and efficient community growth and preserving the intent of Chapter 58.17 RCW. (Ord. 1405 § 1, 1999).

16.30.020 Scope.

Any land designated for commercial or industrial development in accordance with this code (and upon which no future residential structure will be placed except as an accessory use) which is being divided for the purpose of sale, lease, or other transfer of ownership when more than one principal building is to be constructed on one lot of record, shall conform to the procedures and requirements of this chapter. (Ord. 1405 § 1, 1999).

16.30.030 Application and plan requirement.

A. Application for a binding site plan shall be made with the public works department. The plan shall be a neat and accurate drawing by a licensed land surveyor or engineer on reproducible material at a scale of not less than one inch equals 100 feet, unless otherwise approved by the land use administrator. The application shall be accompanied by a current title report; 10 copies of the plan; one mylar measuring 18 inches by 24 inches, unless otherwise approved by the public works department.

B. The plan shall identify the following:

1. The location and dimensions of all existing streets, roads, buildings, utilities and related natural features (streams, creeks, drainage ditches, railroad tracts, etc.);

2. Future streets, roads, utilities, open space, building dimensions, distance between buildings, and location of parking areas, to the extent known;

3. The following code data, to the extent known:

a. Zoning district;

b. Total lot area (square feet);

c. Total building area (square feet) and height (in feet and stories);

d. Percent of building and impermeable site coverage;

e. Total number of parking stalls (including handicapped);

f. Total parking and maneuvering area (square feet);

g. Occupancy classification;

h. Description of proposed uses;

4. Recorded survey or monumentation of all exterior tract corners.

C. Prior to the approval of the plan, the planning commission shall ensure that the following improvements have been or will be provided to serve sufficiently the anticipated uses on the plan:

1. Adequate water supply;

2. Adequate sewage disposal;

3. Appropriate storm drainage improvements;

4. Adequate fire hydrants;

5. Appropriate access to the anticipated uses within the plan;

6. Provision for the appropriate deed, dedication, and/or easements.

D. The name of the proposed development and the title “Binding Site Plan” shall be at the top of the plan, in large print, together with the following statement, prominently displayed on the face of the site plan map:

1. The use and development of this property must be in accordance with the plan as presented herein or as hereafter amended,

according to the provisions of the binding site plan regulations of the city of Milton.

2. The roads and utilities on this plan need not have been constructed and/or installed at the time that the property subject to this plan is divided. No permit required to build permanent structures upon any portion of this property, other than for site preparation (including grading and infrastructure installations), shall be issued until the roads and utilities necessary to serve that portion of this property have been constructed and installed or until arrangements acceptable to the city of Milton have been made to ensure that the construction and installation of such roads and utilities will be accomplished.

E. Environmental information shall be prepared and submitted in accordance with the rules established under the State Environmental Policy Act of 1971, as amended, and Chapter 18.04 MMC as it may be amended hereafter. The information is a part of and must accompany the binding site plan application; however, additional environmental documentation under SEPA is not required if SEPA review has been done for a proposed project. The existing environmental documents shall be adopted or incorporated by reference.

F. The application shall be accompanied by a fee as established by the city council. (Ord. 1405 § 1, 1999).

16.30.040 Approval of plan.

A. Prior to the plan being approved, it shall be revised to accurately reflect all required improvements and shall include all applicable inscriptions deemed necessary by the planning commission setting forth appropriate limitations and conditions for the use of the land.

B. The plan must be certified for filing by the land use administrator before it is filed with the county auditor and a copy of the recorded instrument shall be returned to the public works department prior to the issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. (Ord. 1405 § 1, 1999).

16.30.050 Certification of segregation.

A. If a building permit is requested for construction within any approved binding site plan, the land use administrator shall, prior to or concurrently with the issuance of the building permit, issue a document entitled “certificate of segregation” stating that the segregation or construction substantially complies with the approved plan. The portion of the plan for which the building permit is requested shall be legally described in the certificate.

B. Prior to the issuance of a building permit for construction under any binding site plan, all required improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed or bonded at 150 percent of the estimated cost. (Ord. 1405 § 1, 1999).

16.30.060 Revision of plan.

A. Alteration of an approved and recorded binding site plan shall be accompanied by application as set forth in MMC 16.30.030 and shall be subject to all procedures and requirements established in this chapter.

B. The planning commission shall have the authority to set forth guidelines for approval by the land use administrator of minor modifications of the approved plan. Such modifications shall be noted on the copy of the recorded plan on file at the public works department under MMC 16.30.040(B). The revised plan shall be required to be filed by the developer with the county auditor. (Ord. 1405 § 1, 1999).

16.30.070 Expiration period.

If the plan is not recorded within five years of the date of approval, the plan shall become null and void. Upon written request from the applicant, the land use administrator may grant one extension of not more than one year. Such a request must be received by the land use administrator prior to the expiration date. (Ord. 1405 § 1, 1999).

16.30.080 Appeal.

The decision of the planning commission shall be final, unless an appeal by an aggrieved party is made to the hearing examiner within 15 calendar days after the planning commission’s decision. The form of appeal shall follow the requirements set forth in MMC 17.66.060. (Ord. 1405 § 1, 1999).

16.30.090 Enforcement.

Any violation of the conditions of approval, limitations on development, or the requirements of development imposed shall be subject to the enforcement proceedings and penalties established for violations of Chapter 58.17 RCW and for violations of the Milton subdivision code. (Ord. 1405 § 1, 1999).

Chapter 16.84
TRANSPORTATION IMPACT FEE AND MITIGATION PROGRAM

Sections:

16.84.010 Transportation impact fee and mitigation program established.

16.84.020 Definitions.

16.84.030 Establishment of service area.

16.84.040 Imposition of impact fee on development activity.

16.84.050 Disposition of impact fee revenues.

16.84.055 Impact fees – Calculation.

16.84.060 Refunds.

16.84.070 Appeals.

16.84.090 Reimbursement agreements authorized.

16.84.010 Transportation impact fee and mitigation program established.

There is established, subject to provisions of this chapter, a transportation impact fee and mitigation program. (Ord. 1521 § 2, 2002).

16.84.020 Definitions.

Unless the context otherwise requires, the terms defined in this section shall, for all purposes of this chapter, have the meanings specified in this section, with word importing the singular number including the plural number and vice versa:

“Act” means the sections of the Washington State Growth Management Act, codified as Chapter 36.70A RCW, as now in existence, or as hereinafter amended.

“Building permit” means any written authorization from the city which authorizes the commencement of development activity.

“Capital facility plan” means the capital facilities plan element of the city’s comprehensive plan, as now in existence or as hereinafter amended.

“City” means the city of Milton, Washington.

“City comprehensive plan” means the city’s comprehensive land use plan, adopted pursuant to the Act.

“Development activity” means any construction or expansion of a building or structure that creates additional demand on and/or the need for public facilities.

“Fair market value” means the price in terms of money that a property will bring in a competitive and open market under all conditions of a fair scale, the buyer and seller each prudently knowledgeable, and assuming the price is not affected by undue stimulus.

“Fund” means a fund, and accounts therein, to maintain information about and to account for receipt of impact fees and for payment of qualifying costs and expenses.

“Impact fee” means a payment of money imposed by the city upon development activity as a condition of development activity approval to pay for public facilities needed to serve new growth and development, and to mitigate the impacts of the development activity on the transportation facilities of the city, but does not include any permit or application fee.

“LID agreement” means an agreement under RCW 35.43.182 to participate in and not protest formation of a local improvement district for construction of transportation and related improvements.

“Owner” means the owner of record of real property, although real property is being purchased under a real estate contract, the purchaser shall be considered the owner of real property if the contract is recorded.

“Public facilities” as used in this section refers to public streets, road, and right-of-way owned or operated by the city for other governmental entities, including trails, paths, bikeways, other transportation facilities and all attendant improvements.

“Reimbursement contract” or “latecomer contract” means an agreement under Chapter 35.72 RCW to provide for construction or improvement of street projects which the owner of real estate elects to install as a result of ordinances that require the projects as a prerequisite to further property development.

“Service area” means the development impact fee service area of the city identified in MMC 16.84.030.

“System improvements” means public facilities that are included in the city’s capital facilities plan.

“Traffic impact fee study” means the 2002 traffic impact fee study that identifies traffic mitigation fees and other means to implement the comprehensive plan and to address city transportation needs.

“Transportation facilities” means and refers to streets and roads, but includes all publicly owned streets, roads, alleys, and rights-of-way within the city and street services, traffic control devices, curbs, gutters, sidewalks, and related facilities and improvements.

“Transportation plan” means the transportation plan element of the city’s comprehensive plan, the city’s six-year transportation improvement program (six-year street plan), 2002 transportation mitigation impact fee study, and such other transportation programs, plans and studies adopted by city. (Ord. 1521 § 2, 2002).

16.84.030 Establishment of service area.

The city establishes as the service area for development impact fees the city of Milton, including all property located within the corporate limits of the city. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and engineering principles. (Ord. 1521 § 2, 2002).

16.84.040 Imposition of impact fee on development activity.

A. The city authorizes the assessment and collection of impact fees on development activity within the city, at the rate established in MMC 16.84.055. It is declared that such impact fees shall:

1. Only be imposed for system improvements that are reasonably related to new development;

2. Not exceed a proportionate share of the cost of the system improvements, including the costs of previously constructed system improvements, reasonably related to new development;

3. Be used for system improvements that will reasonably benefit new development;

4. Not be imposed to make up for deficiencies in any previously constructed system improvements. Such impact fee schedule is based upon the formula for calculating the proportionate share of the cost of the system improvements, including the costs of previously constructed system improvements, necessitated by new development to be borne by impact fees, which formulas are described in the 2002 transportation mitigation impact fee study which is adopted herein by this reference.

B. The impact fee imposed pursuant to this chapter shall be paid in whole as a condition of approval of planned residential developments and binding site plans; and, for all other development activities, at the time of issuance of the building permit. Impact fees shall be assessed and paid at those rates in effect and the time of payment, and not at time of development activity application.

C. Failure to pay the impact fees for a given development activity at the time of assessment shall result in denial of the development activity approval and/or building permit for which the owner has applied.

D. If, as a condition of approval of development activity, owner dedicates land, or constructs system improvements, in excess of the proportionate share of system improvements attributable to the owner’s development activity as set out in the city’s development regulations, the developer shall be eligible for a credit towards the transportation impact fees otherwise payable under this chapter. The amount of such credit shall be measured based on the predevelopment fair market value of such land or improvements required in excess of the owner’s share and shall be deducted from the transportation impact fees charged under this chapter. Credits that are granted may not exceed the total amount of the fee due.

E. The public works director may adjust the amount of the impact fee otherwise imposed in this chapter with respect to specific development activity upon determining that:

1. Unusual circumstances requires such adjustments to ensure that such impact fees are imposed fairly; and

2. Studies and data submitted by the owner regarding the impacts of such owner’s proposed development activity requires such adjustment to ensure that such impact’s fees are imposed fairly. Impact fees shall not be deemed unfair unless such unusual circumstances and studies and data support a finding that the impact fees otherwise imposed in this chapter allocate to the specific project in question vehicle trips and resulting share of the cost of the systems improvements reasonably related to new development activities that are greater than or substantially less than such development activity’s allocable proportionate share of such trips and resulting costs. (Ord. 1545 § 1, 2002; Ord. 1521 § 2, 2002).

16.84.050 Disposition of impact fee revenues.

A. A fund is hereby created for receipt of impact fees.

B. The impact fees collected pursuant to the provisions of this chapter shall be deposited into the fund. Pending application as provided in this chapter, the moneys deposited in the accounts of the fund shall be invested in any investment authorized for the investment of city funds. All interest and profits derived from the investments of moneys in each account in the impact fee fund shall be retained in such account.

C. The impact fees deposited in the fund, and the interest and profit received from the investments therefrom, shall be expended only for public facilities of the type for which such impact fees were collected, in conformity with the city’s comprehensive plan, capital facilities plan element, and 2002 transportation mitigation impact fee study and expended or encumbered within six years of receipt by the city, unless written findings by the city council identify an extraordinary and compelling reason for the city to hold the fees for a longer time. The city shall account for annual expenditures and shall comply with this section in successive comprehensive plans, transportation plans and capital facilities plans as appropriate.

D. The city shall prepare an annual report on the fund which shows the source and amount of all moneys collected, earned or received and the public facilities that were financed in whole or in part by impact fees. (Ord. 1521 § 2, 2002).

16.84.055 Impact fees – Calculation.

A. The impact fee for each p.m. peak hour trip, as set forth in the 2002 transportation mitigation impact fee study, is $2,026. Each development activity shall be subject to and pay an impact fee based on the p.m. peak hour trips attributable to the development activity.

B. The fees provided in the transportation mitigation impact study are based on 2001 cost estimates. The fees are to be adjusted annually by applying the Engineering News Record annual construction cost index to the project cost estimates. Adoption of the construction cost index adjustment shall be included with the annual transportation improvement program update and adoption by resolution.

C. Development traffic volumes shall be calculated by the forecast method set out in the ITE Trip Generation Manual. A development will provide a traffic trip generation study that identifies weekday total volumes and p.m. peak hour volumes. The development traffic study shall be provided by a practicing Washington traffic engineer.

D. The impact fees will be calculated by multiplying the p.m. peak hour volume times the traffic mitigation impact fee. (Ord. 1521 § 2, 2002).

16.84.060 Refunds.

A. The city shall refund, to the current owners of property on which an impact fee has been paid, any impact fees paid with respect to such property that has not been expended or encumbered for public facilities of the type of which such impact fees were collected within six years from the date of receipt or such longer period of time as is established in the event that the city council finds that an extraordinary or compelling reason exists to hold the fees longer than six years as provided in MMC 16.84.050. Impact fees shall be considered encumbered on a first-in, first-out basis. The city shall notify potentially refund claimants by first class mail deposited within the United States Postal Service at the last known address of the claimants.

B. The city shall also refund to the current owner of property which an impact fee has been paid all impact fees paid with respect to such property if the development activity for which the impact fee was imposed did not occur within six years from the date of receipt or such longer period of time as is established and no impact has resulted; provided, that if some, but not all, of the development activity for which the impact fee was imposed occurred, the impact will be deemed to have occurred, and no refund shall be available under this section.

C. Owners seeking a refund of impact fees must submit a written request for a refund of impact fees to the city clerk or designee within one year of the date of the right to claim the refund arises, which, for purposes of refund claims authorized pursuant to subsection B of this section only, shall be the date of voluntary or involuntary abandonment of the building permit, or the date that notice is given as provided in subsection A of this section, whichever occurs later. Refunds of impact fees shall include interest and any profits earned on the impact fees from the date of their receipt to the date of refund, as a percentage of the interest/profits earned by the fund on an annual basis. Any impact fees not expended within the time limitations described in MMC 16.84.050 and for which no application for a refund has been made within the one-year claim period, shall be retained by the city and expended on public facilities of the type for which such impact fees were initially collected, without further limitation as to the time of expenditure.

D. In the event a refund is made by the city pursuant to this section, the city may, but is not required to, review the original approval or authorization for which the mitigation fees had been paid under this chapter. Refund of the mitigation fees shall be deemed to be a change in conditions which allows for review of the development activity for which approval was previously given. Review of such development activity shall be governed by the provisions of local and state law. (Ord. 1521 § 2, 2002).

16.84.070 Appeals.

A. An owner may pay an impact fee imposed pursuant to this chapter under protest in order to obtain development activity approval and after such payment, may file an appeal regarding the amount of such impact fee in accordance with this section. Pending the completion of the appeal process as set forth herein, no building permits shall be issued for any development activity for which the mitigation fees about which appeal is being sought were imposed.

B. The determination of the public works director or designee regarding the applicability of the impact fee to a given development activity within the service area shall be final. The hearing examiner shall have the power to hear and decide appeals where it is alleged that there is an error in the public works director or designee’s determination of the impact fee imposed upon a development activity pursuant to this chapter.

C. Appeal to the hearing examiner regarding the amount of the impact fee imposed on any development activity may only be taken by the owner of the property where such development activity shall occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. Such appeals shall be taken within a reasonable time, not exceeding 10 days after the date the impact fee was paid, and in the case of subdivisions or short plats, prior to the recording of the final plat. An appeal shall be commenced on filing with the city clerk or designee a notice of appeal specifying the grounds thereof and depositing an appeal filing fee of $250.00. The city clerk or designee shall forthwith transfer to the city council all papers constituting the record upon which the amount of the impact fee was determined.

D. The hearing examiner shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties of interest, and decide the same within a reasonable time of the hearing. Any party may appear in person or by agent or through his/her attorney.

E. In exercising the above-mentioned powers, the hearing examiner may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partially or may modify the determination of the amount of the impact fee appealed from only upon a determination that it is proper to do so based on principal of fairness, and may make such order, requirements, decisions or determination as ought to be made, and to that end shall have the powers with respect to the determination of the impact fees as they are granted to the city pursuant to this chapter.

F. Any person or persons, or any board, taxpayer or department or division of the city aggrieved by any decision of the hearing examiner may seek review by a court of record of such decisions, in the manner provided by the laws of the state of Washington. (Ord. 1521 § 2, 2002).

16.84.090 Reimbursement agreements authorized.

A. In the event public facilities are inadequate to support a proposed development activity, the city may deny approval of such activity. Alternatively, the city is authorized to enter into reimbursement agreements under Chapter 35.72 RCW.

B. The city is authorized to enter into agreements with owners, consistent with RCW 35.43.184 to provide for LID preformation activity. (Ord. 1521 § 2, 2002).

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Footnotes

¹ See Chapter 3.48 MMC for connection fees and permit charges. Prior legislation: Ord. 1289.