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Title 17
LAND USE AND DEVELOPMENT*Chapters:
17.10 Definitions
17.15 General Principles of Acceptability
17.20 Land Dedication or Reservation for Recreation Space or Fee in Lieu Thereof
17.25 Binding Site Plan
17.30 Residential Condominium Binding Site Plan Review Process
17.35 Site Plan Review
17.40 Planned Unit Developments
17.45 Subdivisions
17.50 Short Subdivision
17.65 Site Improvements
17.70 Alteration or Vacation of Recorded Subdivisions
17.75 Violation
*Prior legislation: Ord. 2001-241.
Chapter 17.10
DEFINITIONSSections:
17.10.010 Access panhandle.
17.10.020 Access tract.
17.10.070 Alley.
17.10.080 Alteration.
17.10.090 Binding site plan.
17.10.100 Bond.
17.10.105 Boundary line adjustment.
17.10.110 Buffer strip.
17.10.113 Condominium.
17.10.115 Condominium conversion.
17.10.120 Crosswalkway.
17.10.130 Cul-de-sac.
17.10.140 Dedication.
17.10.150 Department.
17.10.160 Developer.
17.10.165 Development.
17.10.167 Development proposal.
17.10.170 Director.
17.10.180 Easement.
17.10.200 Homeowners’ association.
17.10.210 Improvements.
17.10.220 Land surveyor.
17.10.235 Manager, city manager.
17.10.240 Material error.
17.10.270 Owner.
17.10.280 Ownership interest.
17.10.285 Parks.
17.10.300 Person.
17.10.305 Plat, final.
17.10.310 Plat, preliminary.
17.10.320 Plat, nonbuilding.
17.10.340 Private road.
17.10.345 Recreation, active.
17.10.347 Recreation, passive.
17.10.350 Reservation.
17.10.370 Separate lot.
17.10.380 Shall.
17.10.420 Singular words.
17.10.425 Site plan.
17.10.430 Street.
17.10.440 Subdivider.
17.10.450 Subdivision.
17.10.455 Subdivision, short.
17.10.460 Tense.
17.10.470 Tract.
17.10.010 Access panhandle.
“Access panhandle” is a strip of land having a width narrower than that of the lot, tract, or parcel to be served thereby and designed for the purpose of providing access to a lot, tract, or parcel. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.010), 1994; Ord. 20 § 1, 1994).
17.10.020 Access tract.
“Access tract” is a piece of real property with dimensions less than the minimum zone requirement, jointly owned by the fee owners of more than one lot which abuts the tract and which is intended to provide ingress, egress or utility access. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.020), 1994; Ord. 20 § 1, 1994).
17.10.070 Alley.
An “alley” is a strip of land dedicated to public use, less than 21 feet wide, between property lines, which provides access to adjacent properties. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.070), 1994; Ord. 20 § 1, 1994).
17.10.080 Alteration.
“Alteration” means the modification of a previously recorded plat or short plat, or any portion thereof, which results in the revision of interior lot lines, the addition of new lots or more land, deletion of existing lots or the removal of plat or lot restrictions or dedications. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.080), 1994; Ord. 20 § 1, 1994).
17.10.090 Binding site plan.
A “binding site plan” is a division of land into lots or tracts classified for industrial or commercial use as provided by RCW 58.17.020 and 58.17.040. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.090), 1994; Ord. 20 § 1, 1994).
17.10.100 Bond.
“Bond” means a surety bond, cash deposit, escrow account assignment of savings, irrevocable letter of credit or other means of security acceptable to, or required by, the director to guarantee work is performed or maintained in accordance with, and is in compliance with all applicable city requirements. (Ord. 2005-329 § 1; Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.100), 1994; Ord. 20 § 1, 1994).
17.10.105 Boundary line adjustment.
A “boundary line adjustment” is the adjustment of a boundary line of a recorded lot by the relocation of a common boundary where no additional lot is created and where no lot is reduced below the minimum requirements established in NMC Title 18. (Ord. 2005-305 § 1).
17.10.110 Buffer strip.
A “buffer strip” is an area or strip of land, located and planted with trees and shrubs to provide a screen between residential areas and business, commercial and industrial areas. Parks, playgrounds and the sites of public buildings are sometimes used as buffers. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.110), 1994; Ord. 20 § 1, 1994).
17.10.113 Condominium.
A “condominium” is a multiple-family dwelling, portions of which are designated for separate ownership and the remainder of which is designated for a common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the dwelling unit owners, and unless a declaration and a survey map and plans have been recorded. (Ord. 2005-305 § 1).
17.10.115 Condominium conversion.
A “condominium conversion” is the filing of a declaration pursuant to the Condominium Act, Chapter 64.34 RCW, of the sale by a developer of condominium units that were previously rental units. (Ord. 2005-305 § 1).
17.10.120 Crosswalkway.
A “crosswalkway” is a right-of-way dedicated to public use, 10 feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.120), 1994; Ord. 20 § 1, 1994).
17.10.130 Cul-de-sac.
A “cul-de-sac” is a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.130), 1994; Ord. 20 § 1, 1994).
17.10.140 Dedication.
“Dedication” shall mean a conveyance of land to the city or another municipal corporation or public agency where the owner of the land transfers it to some public use through a clause or covenant in a deed or some other instrument of conveyance or on a duly filed plat. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.140), 1994; Ord. 20 § 1, 1994).
17.10.150 Department.
“Department” means the department of community development or such department’s officially designated names. (Ord. 2005-305 § 1; Ord. 97-153 § 40; Ord. 25 Exh. A (.04.150), 1994; Ord. 20 § 1, 1994).
17.10.160 Developer.
“Developer” shall mean the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.160), 1994; Ord. 20 § 1, 1994).
17.10.165 Development.
“Development” includes any activity that would require a land use permit or approval from the city or any other local, state, or federal jurisdiction. “Development activity” includes, but is not limited to, clearing or grading activity, building or construction activity, dredging or filling, etc. “Development” includes all structures and other modifications of the natural landscape above and below ground or water, including the division of land into two or more parcels on a particular site. (Ord. 2005-305 § 1).
17.10.167 Development proposal.
“Development proposal,” as it pertains to this title, is defined as any of the following types of development that require a land use permit or approval from the city of Newcastle: binding site plans, residential condominium binding site plans, site plans, planned unit developments, subdivisions, and short subdivisions. (Ord. 2005-305 § 1).
17.10.170 Director.
“Director” means the director of community development for the city of Newcastle, or the director’s authorized representative, or any representative authorized by the city manager. (Ord. 2005-305 § 1; Ord. 97-153 § 41; Ord. 25 Exh. A (.04.170), 1994; Ord. 20 § 1, 1994).
17.10.180 Easement.
An “easement” is a grant by the property owner of the use of a strip of land by the public, corporation or persons for specific purposes. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.180), 1994; Ord. 20 § 1, 1994).
17.10.200 Homeowners’ association.
“Homeowners’ association” shall mean any combination or grouping of persons or any association, corporation or other entity which represents homeowners residing in a short subdivision or subdivision; provided, that a homeowners’ association need not have any official status as a separate legal entity under the laws of the state of Washington. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.200), 1994; Ord. 20 § 1, 1994).
17.10.210 Improvements.
“Improvements” refers to streets, with or without curbs or gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.210), 1994; Ord. 20 § 1, 1994).
17.10.220 Land surveyor.
A “land surveyor” is an individual licensed as a land surveyor pursuant to Chapter 18.43 RCW, Professional Engineers Registration Act. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.220), 1994; Ord. 20 § 1, 1994).
17.10.235 Manager, city manager.
“Manager” is the city manager of the city of Newcastle. (Ord. 2005-305 § 1).
17.10.240 Material error.
“Material error” means an error in fact or an omission of substantive information in preliminary subdivision or short subdivision applications, or supplementary studies, supplied to the city, which would constitute the basis for a decision. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.240), 1994; Ord. 20 § 1, 1994).
17.10.270 Owner.
An “owner” is a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of any of them. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.270), 1994; Ord. 20 § 1, 1994).
17.10.280 Ownership interest.
“Ownership interest” means having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary or grantor. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.280), 1994; Ord. 20 § 1, 1994).
17.10.285 Parks.
“Parks” are grouped and defined in the following:
A. Mini Parks. The mini park is the smallest park classification. These parks are generally less than two acres in size, serving residents within a one-quarter-mile radius (walking distance). Mini parks may include scenic view parks, plazas, gardens, historic places, public artscapes, small playgrounds, fountains or beautification areas. Depending on the size, mini park development may include small play structures or tot lots, sport courts, trails and beautification areas.
B. Neighborhood Parks. The neighborhood park is generally two to five acres in size or larger, serving residents within a one-half-mile radius (walking or bicycling distance). Neighborhood parks may provide both active and passive recreation. Access to these parks may be by way of connector trails, sidewalks, bikeways, or via low-volume residential streets. Neighborhood parks may include programmed multiuse playfields, basketball courts, picnic areas, pickle ball and volleyball courts, but typically do not include restrooms or night lighting for evening activities.
C. Community Parks and Recreational Facilities. “Community parks and recreational facilities” vary in size, but 25 to 50 acres is optimal to accommodate more comprehensive active recreation uses and their support system, and serve a broader population and activity base than neighborhood parks. They focus on meeting active recreation demands as well as preserving unique landscapes and open spaces. The natural character of the site should play a key role in site selection with emphasis on the land area needed to accommodate desired uses. “Community parks and recreational facilities” allow for group activities and offer other recreational opportunities not feasible at the neighborhood level. Recreation opportunities include community centers, swimming pools, stadiums, lighted athletic fields, picnic shelters, and parking lots.
D. Resource Parks. “Resource parks” are primarily intended for the preservation of natural, cultural or visual resources, with some passive recreational opportunities – namely low-impact uses such as nature viewing and soft surface trail use. Development is kept to a level that preserves and protects the integrity of the resource. (Ord. 2005-305 § 1).
17.10.300 Person.
“Person” means and includes an individual, firm, copartnership, association or corporation, governmental agency or political subdivision. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.300), 1994; Ord. 20 § 1, 1994).
17.10.305 Plat, final.
A “final plat” is the final drawing, map or chart of a subdivision of land which has been accurately surveyed, and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified, and which has been prepared for filing with the county auditor and contains all elements required by this title. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.190), 1994; Ord. 20 § 1, 1994. Formerly 17.10.190).
17.10.310 Plat, preliminary.
A “preliminary plat” is an accurate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, tracts, and other elements of a subdivision consistent with the requirements of this title and Chapter 58.17 RCW, Plats – Subdivisions – Dedications. The preliminary plat shall be the basis for the approval or disapproval of the subdivision’s general layout. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.310), 1994; Ord. 20 § 1, 1994).
17.10.320 Plat, nonbuilding.
“Nonbuilding plat” means a plat or lot(s) within a plat for which a declaration of covenant prohibits improvements upon the land for the purpose of human habitation. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.320), 1994; Ord. 20 § 1, 1994).
17.10.340 Private road.
A “private road” is a private vehicular access provided for by an access tract, easement or other legal means, which serves two or more lots. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.340), 1994; Ord. 20 § 1, 1994).
17.10.345 Recreation, active.
“Active recreation” shall mean and include all outdoor recreational activities which involve field and court games, such as, but not limited to, football, soccer, rugby, tennis, baseball, and softball. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.060), 1994; Ord. 20 § 1, 1994. Formerly 17.10.060).
17.10.347 Recreation, passive.
“Passive recreation” shall mean and include outdoor recreational activities which take advantage of geological, biological or scenic resources, such as, but not limited to, interpretive programs and trail systems. (Ord. 2005-305 § 1).
17.10.350 Reservation.
“Reservation” shall mean the act by which the grantor of land creates and reserves to a homeowners’ association, through a clause or covenant in a deed or some other instrument of conveyance or on a duly filed plat map, some right or interest which had no previous existence as such. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.350), 1994; Ord. 20 § 1, 1994).
17.10.370 Separate lot.
“Separate lot” means a physically separate and distinct parcel of property which has been created through one of the following processes:
A. The lot was created in compliance with the subdivision or short subdivision laws in effect at the time of creation of the lot;
B. The lot has been recognized as a lot pursuant to NMC 17.15.114, Lots created in violation of this title; or
C. The lot is a portion of a lot created through the processes cited in subsection (A) or (B) of this section that is separated from the remainder of the lot by one of the following:
1. A public road right-of-way; or
2. Shorelines as defined in city ordinance; or
3. Another separate lot, or a tract as defined in NMC 17.10.470, including railroad or public utility owned rights-of-way, publicly owned property, or other parcels recognized by the division pursuant to NMC 17.15.010. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.370), 1994; Ord. 20 § 1, 1994).
17.10.380 Shall.
“Shall” is mandatory and not directory. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.380), 1994; Ord. 20 § 1, 1994).
17.10.420 Singular words.
Words in the singular number include the plural and words in the plural include the singular. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.420), 1994; Ord. 20 § 1, 1994).
17.10.425 Site plan.
A “site plan” is a document or a group of documents prepared to scale, containing sketches, text, drawings, maps, photographs and other material intended to present and explain accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, physical design, interior vehicular and pedestrian access, the provision of improvements, principal site development features proposed for a specific parcel of land and the interrelationship of these elements. (Ord. 2005-305 § 1).
17.10.430 Street.
A “street” is a right-of-way dedicated to the public use which provides vehicular and pedestrian access to adjacent properties. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.430), 1994; Ord. 20 § 1, 1994).
17.10.440 Subdivider.
A “subdivider” is a person who undertakes the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development including all changes in street or lot lines. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.440), 1994; Ord. 20 § 1, 1994).
17.10.450 Subdivision.
“Subdivision” is the division or redivision of land into five or more residential lots for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of two to four lots. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.450), 1994; Ord. 20 § 1, 1994).
17.10.455 Subdivision, short.*
“Short subdivision” is the administrative approval of the division or redivision of land into four or fewer lots for the purpose of sale or transfer of ownership pursuant to Chapter 17.50 NMC. A short subdivision also may include any number of tracts for ingress, egress, utilities, open space preservation, or other approved public purposes. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.410), 1994; Ord. 20 § 1, 1994. Formerly 17.10.410).
*Code reviser’s note: NMC 17.10.455 was added by Ord. 2005-305 as NMC 17.10.410. It has been renumbered to preserve alphabetization.
17.10.460 Tense.
Words used in the present tense include the future. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.460), 1994; Ord. 20 § 1, 1994).
17.10.470 Tract.
A “tract” is land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots nor considered as residential building sites except as allowed under the lot clustering provisions of NMC Title 18, Zoning. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.470), 1994; Ord. 20 § 1, 1994).
Chapter 17.15
GENERAL PRINCIPLES OF ACCEPTABILITYSections:
17.15.010 Applicability.
17.15.020 Conformance to code.
17.15.025 Declaration of need.
17.15.027 Preapplication conference.
17.15.030 Streets to conform to comprehensive plan.
17.15.040 Conformance of streets to suggested plan.
17.15.045 Dimensions of lots.
17.15.050 Interest of public welfare.
17.15.060 Encroachment on future public areas.
17.15.070 Frontage on high-volume trafficways.
17.15.090 Buffer strips between residential and commercial areas.
17.15.100 Development proposals bordering municipalities.
17.15.110 Large subdivisions.
17.15.112 Boundary line adjustments.
17.15.114 Lots created in violation of this title.
17.15.115 Existing nonbuilding lots.
17.15.120 Connection of streets with highway.
17.15.130 Drainage of road ditches.
17.15.140 Placement of trees.
17.15.150 Sidewalks or walkways.
17.15.160 New streets and rights-of-way.
17.15.180 Parks, playgrounds and recreation spaces.
17.15.200 Dedication of certain land to state for recreational purposes.
17.15.210 Conformance to zoning code.
17.15.220 Variances.
17.15.230 Future use of streets – Intersection angles and grades.
17.15.235 Cul-de-sacs.
17.15.240 Allocation of land for playfields, parks, trails, scenic spots, etc. – Preservation of natural and cultural features.
17.15.260 Adequacy of public sewer.
17.15.270 Adequate public water supply.
17.15.275 Adequacy of access.
17.15.280 Private street plats.
17.15.285 Owners to maintain streets, easements and utilities – Organization required to guarantee maintenance and assessment of costs.
17.15.300 Approvals.
17.15.010 Applicability.
This title shall apply to all development proposals, for the purpose of sale, lease or transfer of ownership. Except as provided herein, the provisions of this title shall not apply to:
A. Cemeteries and other burial plots while used for that purpose.
B. Any division of land into lots or tracts each one of which is 20 acres or larger, or in the case of zone classifications requiring a minimum lot area greater than 20 acres, each of which complies with the lot area requirements of that classification.
C. Any division of land made by testamentary provisions or the laws of descent. Lots created by this means which do not meet current zoning will be treated the same as legal substandard lots as provided in NMC Title 18, Zoning.
D. Any division of land into lots or tracts consistent with RCW 58.17.040 for which a residential condominium binding site plan has been recorded in accordance with the provisions set forth in Chapter 17.30 NMC, Residential Condominium Binding Site Plan Review Process.
E. Any transfer of land to a public body, or any division of land solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, that no more than four lots are created; and provided further, that any remaining lot or lots which are not consistent with the city’s zoning, access, or health requirements shall not be considered as building sites by the city.
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 lot, tract, parcel, site, or division which contains insufficient area, and dimension to meet minimum requirements for width and area for a building site; provided, that the adjustment is reviewed and approved as set forth in NMC 17.15.112.
G. Any conveyance of land by a partial fulfillment deed pursuant to a real estate contract; provided, that the entire lot within the original real estate contract shall be recognized as a single legal building site until the property is subdivided in compliance with this title, and that there shall be no retransfer of any lot created by partial fulfillment deed without compliance with this title.
H. Any division of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the manager in accordance with the provisions of the zoning code section on mobile homes and mobile home parks.
I. Divisions of land by binding site plan into lots or tracts classified for industrial or commercial use pursuant to Chapter 17.25 NMC, Binding Site Plan.
J. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not limited to, antenna arrays, transmission cables, equipment shelters, and support structures. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.010), 1994; Ord. 20 § 1, 1994).
17.15.020 Conformance to code.
The development proposal shall conform to this chapter. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.020), 1994; Ord. 20 § 1, 1994).
17.15.025 Declaration of need.
The city council declares and finds that the city has a need for regulation of development proposals. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.02.010), 1994; Ord. 20 § 1, 1994. Formerly 17.05.010).
17.15.027 Preapplication conference.
A preapplication conference is required prior to submittal of a development proposal in accordance with pertinent provisions of the Newcastle Municipal Code and administrative rules and regulations as established by the director. (Ord. 2005-305 § 1).
17.15.030 Streets to conform to comprehensive plan.
Streets shall conform in effect to the city of Newcastle comprehensive plan as adopted or as hereafter amended, and/or to the general pattern of the street system of the city. (Ord. 2005-305 § 1; Ord. 2000-209 § 1; Ord. 25 Exh. A (.08.030), 1994; Ord. 20 § 1, 1994).
17.15.040 Conformance of streets to suggested plan.
If a preliminary or suggested plan or plat for the area has been made by the hearing examiner, the street layout shall be in general conformance thereto. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.040), 1994; Ord. 20 § 1, 1994).
17.15.045 Dimensions of lots.*
The minimum dimensions for lots shall conform to the dimensions established in the zoning code and shall not be less than the requirements for the zone in which located. (Ord. 2005-305 § 1).
*Code reviser’s note: NMC 17.15.045 was added by Ord. 2005-305 as NMC 17.15.040. It has been renumbered to avoid duplication.
17.15.050 Interest of public welfare.
The proposed development and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area and the applicant shall present evidence to this effect when requested by the department. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.050), 1994; Ord. 20 § 1, 1994).
17.15.060 Encroachment on future public areas.
The property to be developed should not be a part of or encroach upon an area or areas designated in the comprehensive plan for future public facilities. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.060), 1994; Ord. 20 § 1, 1994).
17.15.070 Frontage on high-volume trafficways.
Frontage on high-volume trafficways shall be provided with parallel service streets or such other medium of access as may be appropriate to the conditions. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.070), 1994; Ord. 20 § 1, 1994).
17.15.090 Buffer strips between residential and commercial areas.
Buffer strips or other protective treatment should be provided to the extent and type as may be practicable when business, commercial, and industrial development occurs adjacent to residential development. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.090), 1994; Ord. 20 § 1, 1994).
17.15.100 Development proposals bordering municipalities.
Development proposals adjacent to other municipalities shall be considered with respect to the regulations and administrative rules of that municipality. (Ord. 2005-305 § 1; Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.100), 1994; Ord. 20 § 1, 1994).
17.15.110 Large subdivisions.
Where a property is subdivided into lots of an acre or more, the department may require an arrangement of lots and streets such as to permit a later resubdivision in conformity with the street and lot requirements specified in these regulations. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.110), 1994; Ord. 20 § 1, 1994).
17.15.112 Boundary line adjustments.
A. The purpose of a boundary line adjustment is to accommodate a transfer of land between adjacent legally created lots, provided no additional lot, parcel, or tract is created.
B. Any proposed adjustment of boundary lines must be reviewed and approved by the director prior to the transfer of property ownership of land between adjacent separate lots. The purpose of the director’s review is to determine if the proposed division meets the exemption requirements of NMC 17.15.010(F). In order to determine if the boundary line adjustment is exempt, the director shall examine the city’s zoning code, public works standards and other applicable policies, applicable board of health rules and regulations and, in addition for developed lots, fire and building codes.
C. All lots modified by a boundary line adjustment procedure shall not be approved for recording if such adjustment would allow a nonconforming dimension as specified in NMC 18.12.030 to become more nonconforming unless the adjustment equalizes more than one adjacent nonconforming lot.
D. No boundary line adjustment may be approved when such action would violate an applicable requirement or condition or a previous land use action, subdivision or short subdivision approval.
E. The boundary line adjustment does not become effective until it is recorded with the King County department of records and elections. The applicant shall submit one mylar copy of the boundary line adjustment after staff has reviewed the check prints. The city will forward the boundary line adjustment map to King County department of records and elections. A copy of the recorded document shall be provided to the applicant.
F. Initial adjustment approvals shall expire if the authorized deeds transferring property ownership, together with a copy of the approved boundary line adjustment, are not recorded within one year of adjustment approval.
G. Revisions of approved boundary line adjustments may be permitted within the one-year approval period without a new application only if the authorized adjustment and the deeds transferring ownership have not been recorded. Modifications of recorded adjustments will require the review and approval of a new application package. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.112), 1994; Ord. 20 § 1, 1994).
17.15.114 Lots created in violation of this title.
A. For purposes of this title, an “innocent purchaser” shall mean an individual who has purchased real property for value, has not received actual notice that the lot has not been legally created, and has not previously been granted innocent purchaser status by the city. All contiguous lots created in violation of this title and which are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot.
B. An innocent purchaser of a lot created in violation of the city’s subdivision requirements who files a notarized affidavit of innocent purchase with the department on forms satisfactory to the director shall be treated as follows for purposes of determining zoning compliance, and for establishing eligibility for building permits and future subdivisions:
1. A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area and lot width;
2. Innocent purchaser lots which do not meet current zoning requirements, but which did meet zoning requirements in effect at the time that they were created, will be treated the same as legally created substandard lots as provided in the city’s zoning code; and
3. Innocent purchaser lots which do not meet current zoning requirements and which did not meet the zoning requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits. (Ord. 2005-305 § 1; Ord. 97-153 § 42; Ord. 25 Exh. A (.08.114), 1994; Ord. 20 § 1, 1994).
17.15.115 Existing nonbuilding lots.
An owner of an existing nonbuilding lot may seek to have that lot recognized by the city as a legal building site by either of the following procedures:
A. Subdivision, alteration or vacation as provided in Chapter 17.70 NMC; or
B. Subdivision, as provided in Chapter 17.45 NMC. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.110), 1994; Ord. 20 § 1, 1994. Formerly 17.35.110).
17.15.120 Connection of streets with highway.
No plan for the replatting, subdivision or dedication of any area shall be approved by the city unless the streets shown therein are connected by surfaced road or street (according to city specifications) to an existing dedicated street of the city. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.120), 1994; Ord. 20 § 1, 1994).
17.15.130 Drainage of road ditches.
Proper facilities, as required by the city engineer, shall be provided for the drainage of road ditches on steep grades in order to minimize the damage of erosion. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.130), 1994; Ord. 20 § 1, 1994).
17.15.140 Placement of trees.
If street trees are to be used, it is preferred to have them planted inside the right-of-way. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.140), 1994; Ord. 20 § 1, 1994).
17.15.150 Sidewalks or walkways.
Sidewalks or walkways shall be required for all existing and proposed streets including perimeter streets in business and residential developments. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.150), 1994; Ord. 20 § 1, 1994).
17.15.160 New streets and rights-of-way.
Where the comprehensive plan and/or the city street plan indicates the necessity of a new right-of-way of a required width or portion thereof for street purposes, in order to complete the articulation of the city street pattern such required right-of-way or portion thereof shall be dedicated to the city. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.160), 1994; Ord. 20 § 1, 1994).
17.15.180 Parks, playgrounds and recreation spaces.
If required by the department or designated by the comprehensive plan, all development proposals must provide for the dedication of areas for park, playground, or recreation to the extent determined necessary by the department. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.180), 1994; Ord. 20 § 1, 1994).
17.15.200 Dedication of certain land to state for recreational purposes.
Unless topography and ground conditions prevent, the department may require the dedication of a reasonable amount of property to the state of Washington for recreational and fishing purposes forever, and may also require such dedication of the approaches to such areas as may be required by the State Department of Game. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.200), 1994; Ord. 20 § 1, 1994).
17.15.210 Conformance to zoning code.
No lot or portion of a lot in a development proposal shall be divided and sold or resold or ownership changed or transferred whereby resulting parcel of property shall be less than the area required for the zone in which it is located.
Covenants as to use and resale which are binding on all future owners of lots, more severe than the requirements of the city’s zoning code, may be part of the development proposal. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.210), 1994; Ord. 20 § 1, 1994).
17.15.220 Variances.
Variations from the dimensional standards and improvement requirements, as herein set forth, may be made by the department in those instances where they meet the intent and purpose of these standards and requirements in accordance with Chapter 18.44 NMC. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.220), 1994; Ord. 20 § 1, 1994).
17.15.230 Future use of streets – Intersection angles and grades.
Due regard should be given in every case to the topography of the area, the use of the street for utility purposes and its future use for rapid traffic purposes.
When any streets or alleys intersect with highvolume traffic routes or at angles that may prove dangerous, the grades shall be given special approval requirements.
Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.230), 1994; Ord. 20 § 1, 1994).
17.15.235 Cul-de-sacs.
A. Any permanent cul-de-sac shall not serve more than 13 potential dwelling units and shall not be longer than 600 feet measured from the centerline of intersecting street to the center of the bulb section.
B. Proposed exceptions to this rule will be considered by the director of community development. Any proposed exceptions shall be based on factors affecting pertinent traffic planning. Such factors that affect pertinent traffic planning may include topography, critical areas and existing development. (Ord. 2005-305 § 1).
17.15.240 Allocation of land for playfields, parks, trails, scenic spots, etc. – Preservation of natural and cultural features.
The department shall specify to the extent required the allocation of playfields, parks, trails and other open public spaces that may be essential to a proper development of the areas or neighborhood.
Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses and historic sites. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.08.240), 1994; Ord. 20 § 1, 1994).
17.15.260 Adequacy of public sewer.
All development proposals must be served by an adequate public sewer system as set forth in subsections (A) and (B) of this section before the development proposal may be recorded:
A. A public sewer system shall be deemed adequate for the purpose of development approval, as specified in this title, if the applicant has demonstrated to the satisfaction of the city that:
1. The sewer system complies with applicable planning, operating and design requirements of the Coal Creek Utility District Comprehensive Sewer Plan and any subsequent amendments; and
2. A certificate of sewer availability has been issued by the Coal Creek Utility District.
B. Except as otherwise provided in this title, prior to final approval of the development proposal the approved public sewer system authorized pursuant to subsection (A) of this section shall be installed to serve each lot in accordance with a developer extension agreement signed with the Coal Creek Utility District and verification of such agreement provided to the city. (Ord. 2005-305 § 1; Ord. 2001-241 § 1; Ord. 25 Exh. A (.08.270), 1994; Ord. 20 § 1, 1994).
17.15.270 Adequate public water supply.
All development proposals must be served by an adequate water supply as set forth in subsections (A) and (B) of this section before the development proposal may be recorded:
A. A water supply system shall be deemed adequate for the purpose of development approval, as specified in this title, if the applicant has demonstrated to the satisfaction of the city that:
1. The water supply system complies with the applicable planning, operating and design requirements of the Coal Creek Utility District Comprehensive Water Plan, and any subsequent amendments; and
2. A certificate of water availability has been issued by the Coal Creek Utility District.
B. Except as provided in this title, prior to final approval of the development proposal the approved public water system authorized pursuant to subsection (A) of this section shall be installed to serve each lot in accordance with a developer extension agreement signed with the Coal Creek Utility District and verification of such agreement provided to the city. (Ord. 2005-305 § 1; Ord. 2001-241 § 2; Ord. 25 Exh. A (.08.270), 1994; Ord. 20 § 1, 1994).
17.15.275 Adequacy of access.
A. Improvements within the development proposal shall have adequate access to a street which conforms to city road standards. In order to assure safe and adequate access, the director:
1. May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways or access panhandles, in accordance with the city road standards;
2. Shall require roadway improvements consistent with NMC Title 12.
B. Right-of-Way Use Permits. Development proposals involving construction within city rights-of-way shall obtain a right-of-way use permit. (Ord. 2005-305 § 1).
17.15.280 Private street plats.
Development proposals served principally by private streets or private access easements shall not be permitted except as allowed by the criteria contained in the city of Newcastle’s public works standards, as adopted pursuant to NMC 12.05.010, and as approved by the director of community development. (Ord. 2005-305 § 1; Ord. 2000-209 § 2).
17.15.285 Owners to maintain streets, easements and utilities – Organization required to guarantee maintenance and assessment of costs.
All private streets, easements, community utilities and properties shall be maintained by the owners of property served by them and kept in good repair at all times. In order to ensure the continued good repair, it must be demonstrated to the department prior to the recording of the development that:
A. There is a workable organization to guarantee maintenance with a committee or group to administer the organizational functions; and
B. There is a means for assessing maintenance costs equitably to property owners served by the private streets, easements, community utilities and properties. (Ord. 2005-305 § 1; Ord. 2000-209 § 3).
17.15.300 Approvals.
It shall be mandatory that all new development proposals, with the exception of site plans and any amendments thereto being processed for approval by the legally constituted approving bodies concerned within, shall be signed by the King County department of assessments and recorded with the King County department of records and elections. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.02.020), 1994; Ord. 20 § 1, 1994. Formerly 17.05.020).
Chapter 17.20
LAND DEDICATION OR RESERVATION FOR RECREATION SPACE OR FEE IN LIEU THEREOFSections:
17.20.010 Applicability.
17.20.015 Findings and purpose.
17.20.020 Administration.
17.20.030 Reservation, dedication or fee required.
17.20.040 Criteria for reservation or dedication of land.
17.20.050 Responsibilities of a developer.
17.20.070 Park development fee in lieu of on-site recreation space.
17.20.080 Computation of fee.
17.20.090 Equivalent facilities.
17.20.010 Applicability.
The provisions of this chapter shall apply to all development proposals which will receive approval after the effective date of the ordinance codified in this chapter; provided, that for developments which have received preliminary approval prior to the effective date of the ordinance codified in this chapter, the developer may choose to pay a fee in lieu of dedication or reservation of land in accordance with NMC 17.20.070. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.120), 1994; Ord. 20 § 1, 1994. Formerly 17.65.110).
17.20.015 Findings and purpose.
A. The city council finds that:
1. There exists in the city a general and increasing need for parks, trails and on-site recreational facilities to serve the expanding population of the city;
2. The need for parks, trails, and on-site recreational facilities is acute at the neighborhood level due to population increases from new subdivisions;
3. RCW 58.17.110 requires that local governments make appropriate provision for the establishment of parks, open spaces and playgrounds at the time it considers approval of proposed development proposals;
4. A system of requiring dedication or reservation of suitable land for neighborhood parks, open space and recreational facilities or payment of a fee in lieu of such dedication or reservation will more equitably and directly address the need.
B. Consistent with the findings above, the purposes of this chapter are:
1. To ensure the general health, safety and welfare of the citizens of the city when considering the approval of new development proposals;
2. To establish a means of creating and enhancing neighborhood parks, open spaces and recreational facilities correspondent with the needs created by residential development;
3. To distribute equitably the cost of providing such parks, open spaces and recreational facilities;
4. To mitigate any adverse impacts on neighborhoods without adequate parks, open spaces and recreational facilities when approving new residential development. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.010), 1994; Ord. 20 § 1, 1994. Formerly 17.65.010).
17.20.020 Administration.
The director is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.100), 1994; Ord. 20 § 1, 1994. Formerly 17.65.100).
17.20.030 Reservation, dedication or fee required.
Every subdivision final approval within any zone designated as residential by the city zoning code shall be contingent upon reservation or dedication of land for the parks, trails and recreational needs of its residents or payment of a fee in lieu thereof. The developer may either reserve or dedicate land, or make payment of a fee in lieu thereof, pursuant to this chapter. In-kind contributions may be substituted for all or any portion of the required payment, subject to the city manager’s approval. This requirement is separate and apart from any open space requirement resulting from the lot averaging provisions of the city zoning code. This chapter shall not apply to development proposals of less than one acre. (Ord. 2005-305 § 1; Ord. 2000-209 § 9; Ord. 25 Exh. A (.38.020), 1994; Ord. 20 § 1, 1994. Formerly 17.65.020).
17.20.040 Criteria for reservation or dedication of land.
The following criteria shall serve as a basis for determining whether a piece of land proposed for dedication or reservation is of sufficient size, character and quality to meet the intent of this chapter:
A. The proposed area for dedication or reservation shall be located either within the subdivision for which it is required, or within a reasonable number of feet outside of the subdivision.
B. All lots within the related subdivision must have legal and convenient access to the proposed area for dedication or reservation at the time of final plat approval.
C. The area of proposed dedication or reservation must have a street frontage equal to at least 20 percent of its perimeter to allow for regular observation of play areas by residents of the subdivision. Alternative design measures that accomplish the same purpose of security may be approved by the department.
D. When new areas are proposed for dedication or reservation, it may be required that they be located adjacent to or contiguous with any other established critical areas or recreation areas in adjacent development proposals in order to increase the overall benefits to the neighborhood.
E. The topography, soils, hydrography and other physical characteristics of land proposed for dedication or reservation for recreation shall be of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for active recreation. The land required for open space may include sensitive environmental features, preservation of which is consistent with the comprehensive plan or the zoning code.
F. In case of the site being reserved, responsibility for maintenance and operation of the recreational facilities shall be assumed by a separate entity, such as a homeowners’ association or other competent private organization, which demonstrates to the satisfaction of the city that it has the capability for long-term maintenance and operation of such facilities.
G. In the case of the site being dedicated to the city, the following additional criteria shall be met:
1. The site shall be adjacent to an existing or proposed city or county park site and shall be consistent with the park program for the site; or
2. The characteristics and location of the site make it suitable for future inclusion into the city park system; or
3. The site is being preserved for valuable or sensitive environmental features which require management expertise beyond the capacity of a homeowners’ association or other private organization; or
4. The department concludes that dedication of the site for the selected purpose furthers one or more comprehensive plan policies dealing with the land use element, steep slopes and wetlands as critical areas, and wildlife habitat and heritage sites as preserved areas. (Ord. 2005-305 § 1; Ord. 2000-209 § 10; Ord. 25 Exh. A (.38.030), 1994; Ord. 20 § 1, 1994. Formerly 17.65.030).
17.20.050 Responsibilities of a developer.
If the developer reserves or dedicates land within a proposed development proposal, the developer shall, in addition to any other responsibilities imposed by this chapter, be responsible for removal of all construction debris and hazards such as dead or dying trees. The developer shall clear vegetation along required street frontage and along abutting properties as needed to allow for regular observation of the play areas. The developer may be required to rough grade a portion of the site suitable for a playing field, should such an area exist; replant cleared areas; place such signs as directed by the director; install benches and recreation equipment; and/or establish or improve such trails as directed by the director. Land reserved or dedicated for on-site recreation shall be landscaped in a manner appropriate for recreational activities. (Ord. 2005-305 § 1; Ord. 2000-209 § 11; Ord. 25 Exh. A (.38.050), 1994; Ord. 20 § 1, 1994. Formerly 17.65.050).
17.20.070 Park development fee in lieu of on-site recreation space.
Unless land within a proposed development proposal is dedicated or reserved in accordance with NMC 17.20.030 through 17.20.050, final approval of the subdivision shall be contingent upon payment of a park development fee from the developer to the city, if any. The fee so collected shall be appropriated only for acquisition and development of park sites and recreational facilities within the park service area wherein the proposed development proposal is located. Such acquisition and development shall be consistent with any applicable parks plan. Expenditure of such fees shall only be through capital budget and program appropriations by the city council. Fees collected must be allocated to a specific neighborhood park or recreation project within five years of fee acceptance. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.070), 1994; Ord. 20 § 1, 1994. Formerly 17.65.070).
17.20.080 Computation of fee.
The fee in lieu of reservation or dedication for on-site recreation in a development proposal shall be determined per Chapter 18.14 NMC. The average assessed value shall be that for the year in which the subdivision is granted preliminary approval. Computations shall be based on King County assessor information. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.080), 1994; Ord. 20 § 1, 1994. Formerly 17.65.080).
17.20.090 Equivalent facilities.
Whenever a developer chooses to set aside land within a development proposal, which in whole or part does not meet all the criteria for reservation or dedication in NMC 17.20.030, the developer may propose to improve such land by grading, filling, landscaping, or with installation of recreation equipment, as permitted, so as to be equivalent in result to the intent of this chapter. The determination as to whether a developer’s proposal to improve a piece of land is equivalent to the on-site recreation requirement or fee in lieu of such requirement shall be made solely by the department according to the following guidelines:
A. The proposed land and improvement should be generally equivalent to or greater than the value of the land or fee otherwise required.
B. The proposed land and improvements must not result in significant disturbance or alteration of a critical area, unless another approval has already been given for such disturbance or alteration.
C. The proposed land and improvements must be given to a homeowners’ association to ensure continuing maintenance of them, unless dedication is specifically requested by the city. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.38.090), 1994; Ord. 20 § 1, 1994. Formerly 17.65.090).
Chapter 17.25
BINDING SITE PLANSections:
17.25.010 Purpose.
17.25.020 Applicability.
17.25.025 Administration.
17.25.030 Complete application.
17.25.033 Additional requirements.
17.25.035 Material errors.
17.25.037 Requirements for noticing.
17.25.040 Decision.
17.25.045 Appeals.
17.25.050 Recording and binding effect.
17.25.060 Amendment, modification and vacation.
17.25.010 Purpose.
The purpose of this chapter is to create a process for developing commercially and industrially zoned property, as authorized by RCW 58.17.035. On sites which are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.010), 1994; Ord. 20 § 1, 1994. Formerly 17.50.010).
17.25.020 Applicability.
A. Any person seeking the use of a binding site plan to divide the person’s property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property is required to apply for, complete and have approved a binding site plan prior to any property division, as provided in Chapter 58.17 RCW and as required by this chapter.
B. The site which is subject to the binding site plan shall consist of one or more contiguous lots legally created.
C. The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.020), 1994; Ord. 20 § 1, 1994. Formerly 17.50.020).
17.25.025 Administration.
The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.070), 1994; Ord. 20 § 1, 1994. Formerly 17.50.070).
17.25.030 Complete application.
A proposed binding site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a fully completed application is filed with the city.
A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.
B. Applications for binding site plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the Community Business Center/Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.
C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall include:
1. The location, layout and size of all proposed lots.
2. Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the binding envelopes).
3. The identification and description of the properties involved in the site plan.
4. The location by section, township and range or by other legal description.
5. The name and address of the developer.
6. The name, address and seal of the registered engineer or land surveyor.
7. The scale, datum and northpoint.
8. The building setback lines for each lot.
9. All proposed and existing uses, zoning and property boundaries within 100 feet of any boundary of the site.
10. The location and identification of critical areas within 500 feet of any boundary of the site.
11. The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site.
12. The location and size of utility trunks serving the site.
13. The location and size of water bodies and drainage features both natural and manmade within 500 feet of any boundary of the site.
14. A significant tree retention plan per the requirements of NMC 18.16.140.
15. A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested.
16. A layout of streets, their names and widths of easements. The names of the streets shall conform to the name of the corresponding streets and to the general system of naming used by the city of Newcastle.
17. A complete environmental checklist, if required by the city’s SEPA policies.
18. A downstream analysis or other requirement as specified in Chapter 13.10 NMC and the King County Stormwater Design Manual, as adopted.
19. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.
20. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.
21. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.
22. A copy of the most current assessor’s map obtained from the King County department of assessments.
23. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
24. Lists of any other development permits or permit applications having been filed for the site.
25. Payment of any application fees and development deposits imposed by the city.
D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2005-305 § 1; Ord. 25 Exh. A (33.030), 1994; Ord. 20 § 1, 1994. Formerly 17.50.030).
17.25.033 Additional requirements.
The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1).
17.25.035 Material errors.
An application found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1).
17.25.037 Requirements for noticing.
The notice requirements of Chapter 19.11 NMC shall be applicable to review this chapter as a Type II permit. (Ord. 2005-305 § 1).
17.25.040 Decision.
A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decisions shall include any conditions to ensure consistency with the city’s development regulations based on the following but not limited to:
1. A finding that the binding site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply.
2. A finding that the proposed binding site plan complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted regulations and administrative rules.
B. The binding site plan shall contain additional documents as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.
C. The director may authorize sharing of parking, access and other improvements among contiguous properties subject to the binding site plan. Conditions of use, maintenance and restrictions on redevelopment of shared parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms.
D. The decision of the director shall be final. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.040), 1994; Ord. 20 § 1, 1994. Formerly 17.50.040).
17.25.045 Appeals.
The director’s decision regarding binding site plan applications may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1).
17.25.050 Recording and binding effect.
A. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor licensed in the state of Washington. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.
B. The approved binding site plan recording forms shall include the following, in the format prescribed by the director:
1. Name of binding site plan.
2. Location by section, township and range, or by other legal description.
3. The name and seal of the registered engineer or the registered land surveyor.
4. Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearings can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved.
5. Boundary of plat based on an accurate traverse, with angular and lineal dimension.
6. Exact location, width, and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials.
7. True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat.
8. Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses.
9. Radii, internal angles, points of curvature, tangent bearings and lengths of all areas.
10. All easements for rights-of-way provided for public service or utilities.
11. Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose.
12. Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and 24 inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at locations to complete a continuous line of sight and at such other locations as required by the city engineer.
13. All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark.
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and any areas to be reserved by deed covenant for common uses of all property owners.
15. Building setback lines accurately shown with dimensions.
16. Notarized signatures of all persons having an ownership or security interest in the land.
17. Approval of the city engineer.
18. Approval of the director.
19. Approval of the finance director.
20. One electronic copy of the final plat, as approved by the director, shall be submitted to the director of the department in a format specified by the director.
21. Payment of any application fees and deposits imposed by the city.
D. The director shall examine and sign the approved binding site plan if it conforms with the approved binding site plan and all conditions of approval. Binding site plan record of survey shall be recorded with the King County records and elections department.
E. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.
F. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.050), 1994; Ord. 20 § 1, 1994. Formerly 17.50.050).
17.25.060 Amendment, modification and vacation.
Except as provided in NMC 17.15.010, amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.33.060), 1994; Ord. 20 § 1, 1994. Formerly 17.50.060).
Chapter 17.30
RESIDENTIAL CONDOMINIUM BINDING SITE PLAN REVIEW PROCESSSections:
17.30.005 Purpose.
17.30.010 Applicability.
17.30.015 Administration.
17.30.020 Planned unit developments.
17.30.030 Building permits.
17.30.040 Complete application.
17.30.045 Additional requirements.
17.30.047 Material errors.
17.30.048 Requirements for noticing.
17.30.049 Decision.
17.30.050 Appeal.
17.30.060 Recording.
17.30.070 Amendments and rescission.
17.30.005 Purpose.
The purpose of this chapter is to establish a permit process for the development of property for residential condominium proposals pursuant to Chapter 64.34 RCW. (Ord. 2005-305 § 1).
17.30.010 Applicability.
A. A binding site plan for a residential condominium project shall be based on either a recorded final planned unit development, a building permit issued for the entire project, or a conceptual site plan as set forth in NMC 17.30.040.
B. This process is separate from other site plan review processes including the planned unit development, and shall not be construed to substitute for the requirements of such processes. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.010) 1994; Ord. 20 § 1, 1994. Formerly 17.55.010).
17.30.015 Administration.
The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2005-305 § 1).
17.30.020 Planned unit developments.
Whenever a binding site plan for a residential condominium development is proposed on a parcel for which a final planned unit development has been recorded, a copy of the planned unit development site plan shall be recorded as the binding site plan upon verification by the director that the binding site plan is the same as or contains the relevant details of the planned unit development site plan. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.020), 1994; Ord. 20 § 1, 1994. Formerly 17.55.020).
17.30.030 Building permits.
Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:
A. A plan shall be prepared in a form prescribed by the director which is adequate for permanent retention by the King County records and elections division.
B. The plan must be prepared by a registered land surveyor or civil engineer.
C. The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.
D. The plan must be verified by the director for compliance with the approved building permit. The director may require dedication of additional right-of-way for public streets pursuant to the criteria set forth in NMC 17.30.045.
E. The legal description and map must be verified by the city engineer. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.030), 1994; Ord. 20 § 1, 1994. Formerly 17.55.030).
17.30.040 Complete application.
Whenever a binding site plan for a residential condominium project is proposed on a parcel of land for which neither a planned unit development nor a building permit has been approved for the entire parcel, the binding site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a complete application is filed with the city:
A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.
B. Applications for binding site plan for a residential condominium project shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the Community Business Center/Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.
C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed binding site plan shall include:
1. The location, layout and size of all proposed lots.
2. Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the binding envelopes).
3. The identification and description of the properties involved in the site plan.
4. The location by section, township and range or by other legal description.
5. The name and address of the developer.
6. The name, address and seal of the registered engineer or land surveyor.
7. The scale, datum and northpoint.
8. The building setback lines for each lot.
9. All proposed and existing uses, zoning and property boundaries within 100 feet of any boundary of the site.
10. The location and identification of critical areas within 500 feet of any boundary of the site.
11. The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site.
12. The location and size of utility trunks serving the site.
13. The location and size of water bodies and drainage features, both natural and manmade, within 500 feet of any boundary of the site.
14. A significant tree retention plan per the requirements of NMC 18.16.140.
15. A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested.
16. A layout of streets, their names and widths of easements. The names of the streets shall conform to the name of the corresponding streets and to the general system of naming used by the city of Newcastle.
17. A complete environmental checklist, if required by the city’s SEPA policies.
18. A downstream analysis or other requirement as specified in Chapter 13.10 NMC and the King County Stormwater Design Manual, as adopted.
19. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.
20. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.
21. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.
22. A copy of the most current assessor’s map obtained from the King County department of assessments.
23. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
24. Lists of any other development permits or permit applications having been filed for the site.
25. Payment of any application fees and development deposits imposed by the city.
D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.040), 1994; Ord. 20 § 1, 1994. Formerly 17.55.040).
17.30.045 Additional requirements.
The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1).
17.30.047 Material errors.
Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1).
17.30.048 Requirements for noticing.
The notice requirements for Chapter 19.11 NMC shall be applicable to review this chapter as a Type II permit. (Ord. 2005-305 § 1).
17.30.049 Decision.
A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decisions shall include any conditions to ensure consistency with the city’s development regulations based on the following but not limited to:
1. Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.
2. A finding that the binding site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply.
3. A finding that proposed site plan for residential condominiums complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted regulations and administrative rules.
B. The binding site plan shall contain additional documents as necessary for review and approval which may include a plat certificate, boundary survey, agreements, easements and covenants.
C. Additional documents shall be submitted as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.
D. Prior to recording, the director shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions of approval. (Ord. 2005-305 § 1).
17.30.050 Appeal.
The director’s decision regarding binding site plan for residential condominium may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.050), 1994; Ord. 20 § 1, 1994. Formerly 17.55.050).
17.30.060 Recording.
A. The proposed binding site plan for residential condominium approved by the director shall be recorded with the King County department of assessments and recorded with the King County department of records and elections within 30 days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.34 RCW, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded binding site plan.
B. The approved binding site plan for residential condominium recording forms shall include the following, in the format prescribed by the director:
1. Name of binding site plan.
2. Location by section, township and range, or by other legal description.
3. The name and seal of the registered engineer or the registered land surveyor.
4. Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearing can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved.
5. Boundary of plat based on an accurate traverse, with angular and lineal dimension.
6. Exact location, width, and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the city. Proposed street names shall be checked with the proper officials.
7. True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat.
8. Municipal, township, county or section lines accurately tied to the lines of the development by distance and courses.
9. Radii, internal angles, points of curvature, tangent bearings and lengths of all areas.
10. All easements for rights-of-way provided for public service or utilities.
11. Lots designated by number on the binding site plan within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose.
12. Accurate location of all monuments, which shall be concrete and four inches by four inches at top, six inches by six inches at bottom and 24 inches long with a metal marker cast in the center. One such monument shall be placed at each street intersection, and at location to complete a continuous line of sight and at such other locations as required by the city engineer.
13. All plat meander lines or reference lines along bodies of water shall be established above the ordinary high water mark.
14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and any areas to be reserved by deed covenant for common uses of all property owners.
15. Building setback lines accurately shown with dimensions.
16. Notarized signatures of all persons having an ownership or security interest in the land being subdivided.
17. Approval of the city engineer.
18. Approval of the director.
19. Approval of the finance director.
20. One electronic copy of the final plat, as approved by the director, shall be submitted to the director of the department in a format specified by the director.
21. Payment of any application fees and deposits imposed by the city. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.060), 1994; Ord. 20 § 1, 1994. Formerly 17.55.060).
17.30.070 Amendments and rescission.
A. Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.
B. Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan the director shall rescind all or a portion of a binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.
C. Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.34.070), 1994; Ord. 20 § 1, 1994. Formerly 17.55.070).
Chapter 17.35
SITE PLAN REVIEWSections:
17.35.010 Purpose.
17.35.020 Applicability.
17.35.030 Administration.
17.35.040 Complete application.
17.35.050 Additional requirements.
17.35.055 Material errors.
17.35.060 Requirements for noticing.
17.35.100 Decision.
17.35.110 Appeals.
17.35.010 Purpose.
The purpose of this chapter is to establish a permit process for the development of property with residential (other than single detached), recreational/cultural, general services, business services, retail, manufacturing, and regional land uses where a division of property is not proposed under this title. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.010).
17.35.020 Applicability.
A. Any person seeking to develop property with a use listed in NMC 17.35.010 is required to apply for, complete and obtain approval of a site plan prior to any property development, as required by this chapter.
B. The site that is being reviewed pursuant to this chapter shall consist of one or more contiguous lots legally created. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.020).
17.35.030 Administration.
The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions and requirements of this chapter. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.120).
17.35.040 Complete application.
A proposed site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a fully completed application is filed with the department. A complete application for site plan review shall consist of:
A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.
B. Applications for site plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the Community Business Center/Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.
C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall include:
1. The location, layout and size of all proposed lots.
2. Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the binding envelopes).
3. The identification and description of the properties involved in the preliminary short plat.
4. The location by section, township and range or by other legal description.
5. The name and address of the developer.
6. The name, address and seal of the registered engineer or land surveyor.
7. The scale, date and northpoint.
8. The building setback lines for each lot.
9. All proposed and existing uses, zoning and property boundaries within 100 feet of any boundary of the site.
10. The location and identification of critical areas within 500 feet of any boundary of the site.
11. The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site.
12. The location and size of utility trunks serving the site.
13. The location and size of water bodies and drainage features, both natural and manmade, within 500 feet of any boundary of the site.
14. A significant tree retention plan per the requirements of NMC 18.16.140.
15. A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested.
16. A layout of sewers and proposed water distribution system.
17. The layout of streets, their names and widths of easements. The names of the streets shall conform to the names of corresponding streets and to the general system of naming used by the city of Newcastle.
18. A complete environmental checklist, if required by the city’s SEPA policies.
19. A downstream analysis or other requirements as specified in Chapter 13.10 NMC and the King County Stormwater Design Manual, as adopted.
20. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.
21. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.
22. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.
23. A copy of the most current assessor’s map obtained from the King County department of assessments.
24. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
25. A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years.
26. A list of any other development permits or permit applications having been filed for the site.
27. Payment of any application fees and development deposits imposed by the city.
D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.040).
17.35.050 Additional requirements.
The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a site plan review application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.050).
17.35.055 Material errors.
Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1).
17.35.060 Requirements for noticing.
The notice requirements of Chapter 19.11 NMC shall be applicable to review under this chapter as a Type II permit. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.060).
17.35.100 Decision.
A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decision shall include any conditions to ensure consistency with the city’s development regulations based on the following, but not limited to:
1. Conformance of the proposed site plan with an approved building permit, any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.
2. A finding that the site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of rights-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation and water supply.
3. A finding that the site plan complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted administrative rules and regulations.
B. Additional documents shall be submitted as necessary for review and approval such as a plat certificate, boundary survey, agreements, easements, and covenants.
C. The decision of the director shall be final.
D. The decision shall become effective 10 calendar days after the decision has been mailed, or if an appeal is filed under NMC 17.35.110, upon completion of the appeal.
E. A site plan approval automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit and fails to make substantial progress towards completion within 24 months of the effective date of the site plan approval. “Substantial progress” includes the following: completion of grading and the installation of major utilities. The director may grant a single extension of up to 90 days.
F. All construction and site development activities related to the site plan review are prohibited until the decision becomes effective and until authorized by any subsequent required permits. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.100).
17.35.110 Appeals.
The director’s decision regarding site plan review may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 2001-247 § 1. Formerly 18.42.110).
Chapter 17.40
PLANNED UNIT DEVELOPMENTSSections:
17.40.010 Purpose.
17.40.020 Applicability.
17.40.030 Permitted locations.
17.40.040 Permitted uses.
17.40.050 Minimum site area.
17.40.060 Permitted modifications of regulations.
17.40.070 Density and permitted number of dwelling units.
17.40.080 Common open space standard.
17.40.090 Access, circulation and parking.
17.40.100 Preliminary PUD review procedures.
17.40.110 Merger of review stages.
17.40.120 Final PUD review procedures.
17.40.130 Amendment of approved final PUD.
17.40.140 Expiration of a planned unit development permit.
17.40.150 Merger with subdivision.
17.40.160 Merger with residential condominium binding site plan review process.
17.40.010 Purpose.
The purpose of this chapter is to create a permit process and standards for planned unit development (PUD). This chapter has two primary purposes. First, it is the purpose of this chapter to create a planned unit development process that encourages preservation and protection of the natural features of the land beyond the standards of other chapters in this title. Second, it is also the purpose of this chapter to encourage innovation, creativity and flexibility in the development of new residential areas in the city of Newcastle, to create desirable neighborhoods, and to carry out the objective and spirit of the Newcastle comprehensive plan and the Community Business Center/Lake Boren Corridor master plan by allowing development that will provide public benefits through maintaining and improving the quality of life in the city. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.010).
17.40.020 Applicability.
This chapter shall permit new development that would not meet the strict application of the city’s zoning regulations when the development meets the standards of this chapter. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.020).
17.40.030 Permitted locations.
Planned unit developments shall only be permitted in the R-1, R-4, R-6, R-8, R-12, R-18, R-24, and R-48 zoning districts, and only when processed and approved as provided in this chapter. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.030).
17.40.040 Permitted uses.
Uses permitted in a planned unit development shall be governed by the use regulations of the underlying zoning classification or other generally applicable city regulations governing permitted, conditional, and special uses, including standards of the Community Business Center/Lake Boren Corridor master plan. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.040).
17.40.050 Minimum site area.
No minimum site area shall be required for a planned unit development. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.050).
17.40.060 Permitted modifications of regulations.
A. Density. The applicant may request a bonus in the number of dwelling units allowed by the underlying zoning district pursuant to NMC 17.40.070(C).
B. Other. The applicant may request a modification of the following provisions of the Newcastle Municipal Code except a provision which states that it is not subject to modification, and except any procedural, enforcement, or administrative provision of the Newcastle Municipal Code:
1. The design standards of the city of Newcastle public works standards of NMC Title 12, Streets, Sidewalks, and Public Places, except as provided in NMC 17.40.090;
2. Chapter 18.12 NMC, Development Standards – Density and Dimensions;
3. Chapter 18.14 NMC, Development Standards – Design Requirements;
4. Chapter 18.16 NMC, Development Standards – Landscaping and Tree Retention; and
5. Chapter 18.18 NMC, Development Standards – Parking and Circulation, except as provided in NMC 17.40.090.
C. The applicant may not request a modification of any provision of the Newcastle Municipal Code not identified in subsections (A) and (B) of this section.
D. This section shall not preclude the applicant from requesting a variance to the provisions of the Newcastle Municipal Code. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.060).
17.40.070 Density and permitted number of dwelling units.
A. The maximum number of dwelling units permitted in a PUD shall be determined by the following calculation:
Maximum number of dwelling units permitted in a PUD = Maximum number of dwelling units permitted by base density x (100% + sum of percentages of all bonus densities earned under subsections (C)(1) through (C)(4) of this section) plus bonus units allowed under Chapter 18.34 NMC, if any.
B. The maximum number of dwelling units permitted by the base density shall be determined using the calculations in NMC 18.12.070 and 18.12.080.
C. Bonus Densities. One or more of the following density bonuses may be earned in addition to the base density units allowed in a PUD and in addition to bonus units allowed under Chapter 18.34 NMC. In no case shall the sum of the bonus densities allowed under subsections (C)(1) through (C)(4) of this section exceed 20 percent of the base density. The bonus percentages shall be added together before being multiplied by the permitted base density.
1. Common Open Space. A five percent density bonus may be earned if at least 25 percent or one-half acre, whichever is greater, of the required common open space has a slope of 10 percent or less. Such common open space shall be concentrated areas and shall not be covered by areas defined as wetlands by the Newcastle Municipal Code.
2. Active Recreation Areas. An eight percent density bonus may be earned if two or more active recreational features are provided, including but not limited to jogging/walking trails, pool, recreation building, children’s play areas, tennis courts and sports courts and/or sports fields.
3. Perimeter Landscaping Buffer. A 10 percent density bonus may be earned if the street frontage and interior perimeter landscaping exceed the buffer requirements in Chapter 18.16 NMC by 50 percent of the width of the required buffer, or by a 10-foot width of Type II landscaping, whichever is greater.
4. Mixed Housing Types. A two percent density bonus if a development features a mix of two or more residential housing types, including but not limited to single-family detached residences, single-family attached residences, condominiums, townhomes, and apartments.
D. Minimum density for a PUD shall be established by the standards in NMC 18.12.060. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.070).
17.40.080 Common open space standard.
A. Each PUD shall provide not less than 35 percent of the total gross site area for common open space. Common open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation or to provide wildlife habitat. This section shall replace the standards of Chapter 17.20 NMC, NMC 18.14.180, 18.14.210, 18.14.220, 18.14.230, and 18.14.240 for planned unit development.
B. Common open space shall be open space available for common use by the residents, tenants and the general public, depending on the type of project.
C. Installation and Maintenance of Common Open Space.
1. Installation. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the city; provided, that common open space containing natural features worthy of preservation may be left unimproved.
2. Prior to approval of the final PUD, the developer shall furnish a cash deposit or letter of credit to the city in an amount equal to a minimum of 130 percent of the cost of the installation of the approved landscaping, which shall be planted within one year of the date of final approval of the PUD, and the maintenance of such landscaping for a period of two years thereafter.
3. Maintenance. Landscaping and common open space shall be maintained permanently by the property owners’ association or the owner of the PUD, or the agent or agents thereof, and shall be subject to periodic inspection by the city. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.080).
17.40.090 Access, circulation and parking.
A. General. The planned unit development shall have adequate pedestrian and vehicle access and parking commensurate with the location, size and density of the proposed development.
B. Streets. Streets within a PUD shall be dedicated to the city for public use. Such streets shall be developed to the full minimum standards specified within the city of Newcastle road standards, including curbs, gutters and sidewalks. This section shall not preclude the applicant from requesting a variance to the city of Newcastle road standards.
C. Parking. Adequate vehicular parking areas shall be provided. Vehicular parking may be provided either on-street or off-street within the PUD; provided, that the total number of available spaces is at least equal to the resident and guest parking requirements required by NMC 18.18.030 through 18.18.060.
D. Pedestrian Circulation. In addition to pedestrian circulation requirements of NMC 18.18.100, special emphasis shall be placed on providing pedestrian access, including sidewalks and/or trails, to proposed and existing recreational and common open space areas and to all on-site or abutting transit facilities. (Ord. 2005-305 § 1; Ord. 2000-222 § 1. Formerly 18.40.090).
17.40.100 Preliminary PUD review procedures.
A. Preapplication Conference Required. A preapplication conference is required prior to submittal of a preliminary PUD application in accordance with the pertinent provisions of the Newcastle Municipal Code.
B. Complete Application. Applications for a preliminary PUD shall be considered fully complete once the department determines that the application contains the following materials:
1. A completed preliminary planned unit development application packet with supporting documents containing sufficient information to determine compliance with adopted rules and regulations including, but not limited to, SEPA as implemented by Chapter 197-11 WAC, the city’s zoning code, road standards, surface water runoff regulations, shoreline management regulations, fire code, and administrative rules adopted to implement any such code or ordinance provision, King County board of health rules and regulations, city-approved utility comprehensive plans, and conformance with applicable private restrictions and covenants which are in effect at the time of application.
2. Prel