Chapters:
16.04 General Provisions
16.08 Subdivisions
16.12 Short Plats
16.16
16.28 Binding Site Plan
Sections:
16.04.010 Purpose.
16.04.020 Exemptions from platting regulations.
16.04.030 Definitions.
16.04.040 Compliance with state law and land use
code.
16.04.050 Effect of noncompliance.
16.04.060 Minimum and maximum residential density.
16.04.070 Revocation.
16.04.080 Minimum infrastructure standards.
16.04.085 Minimum design standards.
16.04.090 Utility easements.
16.04.100 Fire protection.
16.04.110 Nonconforming lots of record—Merger.
16.04.120 Violations a misdemeanor.
16.04.130 Injunctions.
16.04.140 Filing prohibited.
16.04.150 Building prohibited.
The
purpose of this title is to implement the authority granted to the city by
Chapter 58.17 RCW and to conform to its provisions which govern the platting
and subdivision of land, consistent with the city of
A. Pursuant to Chapter 58.17 RCW, excluding Chapter
16.04 and except as otherwise specified herein, the provisions of this title
shall not apply to:
1. Cemeteries and other burial plots while
used for that purpose;
2. Divisions made by testamentary provisions,
or the laws of descent;
3. Divisions of land into lots or tracts
classified for industrial or commercial use when the city has approved a
binding site plan for the use of the land in accordance with SWMC Chapter
16.28.
4. A division for the purpose of lease when no
residential structure other than mobile homes or travel trailers are to be
placed upon the land when a binding site plan has been approved for the use of
the land in accordance with city code.
5. A division made for the purpose of
alteration by adjusting boundary lines, between platted or unplatted lots or
both, which does not create any additional lot, tract, parcel, site, or
division which contains insufficient area and dimension to meet minimum requirements
for width and area for a building site; and
6. Divisions of land into lots or tracts if:
(a) Such division is the result of subjecting a portion of a parcel or tract of
land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a
binding site plan for all such land; (b) the improvements constructed or to be
constructed thereon are required by the provisions of the binding site plan to
be included in one or more condominiums or owned by an association or other
legal entity in which the owners of units therein or their owners’ associations
have a membership or other legal or beneficial interest; (c) a city, town, or
county has approved the binding site plan for all such land; (d) such approved
binding site plan is recorded in the county or counties in which such land is located;
and (e) the binding site plan contains thereon the following statement: “All
development and use of the land described herein shall be in accordance with
this binding site plan, as it may be amended with the approval of the city,
town, or county having jurisdiction over the development of such land, and in
accordance with such other governmental permits, approvals, regulations, requirements,
and restrictions that may be imposed upon such land and the development and use
thereof. Upon completion, the improvements on the land shall be included in one
or more condominiums or owned by an association or other legal entity in which
the owners of units therein or their owners’ associations have a membership or
other legal or beneficial interest. This binding site plan shall be binding
upon all now or hereafter having any interest in the land described herein.”
The binding site plan may, but need not, depict or describe the boundaries of
the lots or tracts resulting from subjecting a portion of the land to either
Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved
if the site plan was approved by a city, town, or county: (i) In connection
with the final approval of a subdivision plat or planned unit development with
respect to all of such land; or (ii) in connection with the issuance of building
permits or final certificates of occupancy with respect to all of such land; or
(iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then
pursuant to such other procedures as such city, town, or county may have
established for the approval of a binding site plan;
B. Exemptions provided by this section shall
not be construed as exemptions from compliance with other applicable
development standards required by the
Sedro-Woolley Municipal Code. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
As
used in this chapter, unless the context or subject matter clearly requires
otherwise, the words or phrases defined in this section shall have the indicated
meanings:
A. “Subdivision” is the division or redivision
of land into five or more lots, tracts, parcels, sites or divisions for the
purpose of sale, lease, or transfer of ownership, except as provided in
subsection (F) of this section.
B. “Plat” is a map or representation of a subdivision,
showing thereon the division of a tract or parcel of land into lots, blocks,
streets and alleys or other divisions and dedications.
C. “Dedication” is the deliberate
appropriation of land by an owner for any general and public uses reserving to
himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The
intention to dedicate shall be evidenced by the owner by the presentment for
filing of a final plat or short plat showing the dedication thereon; and the
acceptance by the public shall be evidenced by the approval of such plat for
filing by the appropriate governmental unit.
D. “Preliminary plat” is a neat and approximate
drawing of a proposed subdivision showing the general layout of streets and alleys,
lots, blocks, and other elements of a subdivision consistent with the
requirements of this chapter. The preliminary plat shall be the basis for the
approval or disapproval of the general layout of a subdivision.
E. “Final plat” is the final drawing of the
subdivision and dedication prepared for filing for record with the county
auditor and containing all elements and requirements set forth in this chapter
and in local regulations adopted under this chapter.
F. “Short subdivision” is the division or
redivision of land into four or fewer lots, tracts, parcels, sites or divisions
for the purpose of sale, lease, or transfer of ownership.
G. “Binding site plan” means a drawing to a
scale specified by local ordinance which: (a) identifies and shows the areas
and locations of all streets, roads, improvements, utilities, open spaces, and
any other matters specified by local regulations; (b) contains inscriptions or
attachments setting forth such appropriate limitations and conditions for the
use of the land as are established by the city in approving the site plan; and
(c) contains provisions making any development be in conformity with the site
plan.
H. “Short plat” is the map or representation of
a short subdivision.
I. “
J. “Block” is a group of lots, tracts, or
parcels within well defined and fixed boundaries.
K. “Code” is the Sedro-Woolley Municipal Code.
L. “City engineer” is the Sedro-Woolley director
of public works.
M. “Director” is the Sedro-Woolley planning director.
N. “Hearing body” is the decision making body specified in SWMC Chapter 2.90, unless otherwise specified herein. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
Every division of land shall comply with the provisions of state law and the provisions of this title. They shall conform to the comprehensive plan and all zoning regulations, in effect at the time any preliminary plat is approved. Lots shall be of a size and dimension and have access and infrastructure adequate to satisfy the requirements of this title and Sedro-Woolley Municipal Code Titles 13, 15 and 17. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of state law or this subtitle, unless the director finds that the public interest will not be adversely affected by the decision. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. A subdivision, short plat, binding site plan, or planned residential development, solely for residential purposes, shall have an average net density, as defined in SWMC Section 17.04.030, for the entire development of not under four units per acre.
B. A variance from this requirement may be granted by the hearing body through the subdivision approval process to accommodate site constraints which make development at the required minimum density impractical or inconsistent with the purposes of this chapter.
C. Factors which may warrant a density reduction, include, but are not limited to:
1. Critical areas in excess of twenty percent of the site;
2. Stormwater management;
3. Significant wildlife corridors; and utility corridors.
D. As a condition of granting a density reduction, the applicant must demonstrate that the minimum density cannot be achieved by clustering the housing on the buildable portions of the site.
E. Maximum housing density is set in each zoning designation, in Title 17. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Approval of a preliminary plat or subdivision, preliminary PD, PMD, or PRD, or other subdivision approval may be revoked upon a finding that the approval was based on inaccurate information, that the applicant mislead the approving authority, or that the terms and conditions of approval cannot or will not be reasonably satisfied by the applicant. Only the planning director may initiate a petition for revocation of approval.
B. The decision making authority, notice, hearing process, and appeal process for revoking approval shall be the same as the process for the original approval. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
The creation of new lots or tracts under this title shall comply with the following minimum standards for infrastructure:
A. Each lot, parcel or tract created pursuant to this title, on which a residence, commercial or industrial structure or building may be located, shall be served by the city sanitary sewer, except as provided in SWMC Section 16.12.060. This requirement shall not apply to lots, parcels or tracts which are not intended for human occupancy, if a waiver is approved by the city engineer. Examples of such purposes include utility substations and parking lots. Approval of any exception shall be noted on the face of the plat or other document, and may be conditioned on appropriate restrictions on the use of the property.
B. Each subdivision, short plat, binding site plan, PD, PMD, or PRD approved under this Title 16 shall be served by streets and roads which meet the standards of SWMC Chapter 15.40, shall comply with stormwater management and maintenance standards of SWMC Chapters 13.36 and 13.40.
C. Any homeowner’s association which assumes the obligation to comply with any conditions of approval for a subdivision, short plat, binding site plan, PD, PMD, or PRD approved under this Title 16 shall submit an annual report to the city planning director, which shall specify:
1. The names and addresses of the officers;
2. The annual budget of the association;
3. A description of its construction and maintenance obligations, and the anticipated cost;
4. An emergency contact person;
5. A list of its members obligated to fund construction and maintenance obligations;
6. Such other information as may be required of the city planning director.
D. Where streets, utilities and stormwater facilities are maintained by an association of property owners, a recorded document shall provide for funding of maintenance in such form as approved by the city planner.
Every subdivision, short plat, and binding site plan, shall conform to the standards of Chapter 15.44, Design Standards. (Ord. 1487-04 § 2 (part), 2004)
Utility easements shall be located within the street rights-of-way, unless a waiver is approved by the city engineer. When utility easements are permitted outside of, but adjacent to the street rights-of-way, utility easements shall be at least ten feet in width. Otherwise easements outside the street rights-of-way shall be twenty feet in width. All utilities shall be installed underground unless a waiver is approved by the city engineer. A waiver may be approved if such installation is technically impossible, or cost-prohibitive. Utility easements located outside the street right-of-way, including pre-existing utility easements, shall be shown on the face of the plat and marked in the same manner as lot corners by survey. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
Fire hydrants and fire access shall be provided to each lot, under guidelines as determined by the fire chief. Minimum fire flow shall be required consistent with the standards of the Uniform Fire Code, and Building and Fire Codes for the specific use, as determined by the fire chief. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. A “lot of record” is a separate lot or tract which was legally created under the laws applicable at the date of creation.
B. A vacated street right-of-way does not constitute a separate lot of record, but is merged with the adjoining lot or tract by operation of law.
C. A lot which is substandard in size shall be merged in title with the adjoining lot of record with a contiguous boundary in the same ownership, provided: this shall not apply if the lot was legally created by short plat, subdivision, planned development, or binding site plan, with formal city approval pursuant to a subdivision ordinance.
D. A lot which has merged with an adjoining parcel may not be sold separately, nor be issued a separate building permit, nor constitute a separate lot for purposes of a boundary line adjustment. (Ord. 1487-04 § 2 (part), 2004)
Violations of this title shall be guilty of a gross misdemeanor, and each parcel illegally sold or transferred shall constitute a separate offense. (Ord. 1487-04 § 2 (part), 2004)
The
city may pursue injunctive relief against violations and tax the cost of such
action against the violator. Any person who violates a court order injunction
issued pursuant to this provision shall be subject to a fine of not more than
five thousand dollars or imprisonment for not more than ninety days, or both.
(Ord. 1487-04 § 2 (part), 2004)
The
county auditor shall refuse to accept for filing any segregation of land in
violation of this title. (Ord. 1487-04 § 2 (part), 2004)
No
building or other development permit shall be issued for any lot subdivided in
violation of this title unless the permit authority finds that the public interest
will not be adversely affected thereby. (Ord. 1487-04 § 2 (part), 2004)
Sections:
16.08.016 Application.
16.08.020 Content of plat.
16.08.022 Distribution of preliminary plats.
16.08.024 Review and approval.
16.08.026 Appeal to city council.
16.08.028 Effect of preliminary plat approval.
16.08.030 Final plat—Phased development.
Subchapter II.
Preliminary Plat Consideration
16.08.050 Topographical and surface hazards—Protective
improvements.
16.08.052 Dedications required.
16.08.054 Public use and interest.
Subchapter III. Review
of Final Plat
16.08.064 Filing with city engineer.
16.08.066 Technical standards for final plat.
16.08.068 Certificates required.
16.08.070 Director’s action on final plat.
16.08.072 Submission to council.
16.08.074 Council determination.
16.08.078 Resubmission.
Subchapter IV.
Reserved Land
16.08.082 Land reserved for public use.
16.08.084 Reserved land to show on plat.
16.08.086 No development on reserved land.
16.08.088 Development if not acquired.
16.08.090 Nonexclusive procedure.
Subchapter V. Survey
Requirements
16.08.092 Registered land surveyor.
16.08.094 Computations—Notes.
16.08.096 Permanent control monuments.
16.08.098 Property contiguous to water.
Subchapter VI. Design
and Construction Standards
16.08.100 Design standards.
16.08.102 Improvements.
16.08.106 Variances.
16.08.108 Conditions—Burden of proof.
A. Official filing of an application for
division with the director shall be preceded by a preliminary review of the
proposed division by the director and the city engineer at a meeting attended
by the applicant.
B. Following the review, the applicant shall
submit an application to the planning director. A subdivider shall submit with
the application ten copies of a preliminary plat showing preliminary plans for
streets and other improvements including but not limited to water lines, sewer
lines, and traffic, stormwater, and drainage improvements. Unless an applicant
for preliminary plat approval requests otherwise, a preliminary plat shall be
processed simultaneously with applications for rezones, variances, planned unit
developments, site plan approvals, and similar quasi-judicial or administrative
actions to the extent that procedural requirements applicable to these actions
permit simultaneous processing.
C. Applications shall be processed according
to the procedures set forth in Chapter 2.90 SWMC, and the additional procedures
established in this subchapter and state law.
D. Applications for the division of land shall
be processed within the time limitations of SWMC 2.90, RCW Ch. 43.21C, and RCW
Chapter 36.70B. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Every preliminary plat shall consist of one
or more maps, on both mylar and in digital format approved by the city
engineer, together with written and digital data including the following:
1. The name of the proposed subdivision;
2. North point and scale; the location of existing
property lines: streets, building, if any; watercourses and all general
features;
3. The legal description of the land contained
within the subdivision;
4. The names and addresses of all persons,
firms and corporations holding interest in the lands, including easement rights
and interest;
5. The proposed names, locations, widths and
other dimensions of proposed streets, alleys, easements, parks, lots, building
lines, if any, and all other information necessary to interpret the plat,
including the location of existing utility and access easements which are to
remain;
6. The location of streets in adjoining plats
and the approximate location of adjoining utilities and proposed extensions
into the plat;
7. The names of adjoining plats;
8. The name, address and telephone number and
seal of the registered land surveyor who made the survey or under whose
supervision it was made;
9. The date of the survey;
10. All existing monuments and markers located by
the survey;
11. The zoning classification applicable to the
land within the subdivision;
12. The conditions of or the limitations on dedications,
if any, including slope rights;
13. Contour intervals as required, based upon
city datum.
B. Any plat submitted that covers only a part
of the subdivider’s tract shall be accompanied by a sketch showing the proposed
future street system in the remainder of the tract so that the street layout of
the tract may be considered as a whole.
C. The plat shall comply with the technical requirements
of Subchapters V and VI. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
If
the director determines that the subdivider has met all the application requirements
for the preliminary plat and that the preliminary plat contains sufficient
elements and data to furnish a basis for its approval or disapproval, the
director shall affix a file number and date of receipt to the application and
promptly forward three copies of the plat to the city engineer. The director
shall also forward a copy of the preliminary plat to each of the following:
A.
B. Utility Providers;
C. Building Official;
D. Water District #1;
E. Chief, Fire Department;
F. Chief of Police;
G. City Clerk-Treasurer;
H. City Engineer;
I. Washington State Department of Transportation;
J. And others deemed appropriate on a
case-by-case basis; who shall review the preliminary plat and, within fourteen
days, furnish the director with a report as to the effect of the proposed
subdivision upon the public health, safety and general welfare, and containing
their recommendations for approval or disapproval of the preliminary plat. The
reports of the city engineer and PUD District #1 shall also include a
recommendation as to the extent and type of improvements to be provided in
dedicated areas and a preliminary estimate of the cost of these improvements.
(Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Pursuant to SWMC Ch. 2.90, the hearing body
shall conduct the public hearing; review the preliminary plat for conformance
with the minimum standards of this chapter and RCW Ch. 58.17; approve on
condition, disapprove, or cause the public hearing to be continued.
B. If the preliminary plat requires other
approvals outside the hearing body’s authority, the hearing body may approve
the preliminary plat conditioned upon obtaining other approvals, or continue
the hearing until such other approvals are obtained, as determined by the
hearing body in its reasonable discretion. (Ord. 1487-04 § 3 (part), 2004: Ord.
1450-03 § 2 (part), 2003)
A
party of record may appeal the final decision of the hearing body approving or
denying a preliminary plat to the city council pursuant to SWMC Ch. 2.90. The
city council shall hold a closed record appeal pursuant to SWMC Ch. 2.90. (Ord.
1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Approval of the preliminary plat shall constitute
authorization for the subdivider to develop the subdivision facilities and
improvements as required in the approved preliminary plat upon issuance of the
final plat. Development shall be in strict accordance with the plans and
specifications as prepared or approved by the city engineer and subject to any
conditions imposed by the hearing body.
B. No subdivision requirements which become
effective after the approval of a preliminary plat for a subdivision shall
apply to such subdivision unless the hearing body determines that a change in
conditions created a serious threat to the public health or safety.
C. Preliminary plat approval is valid for five
years unless extended pursuant to SWMC 16.08.064. (Ord. 1487-04 § 3 (part),
2004: Ord. 1450-03 § 2 (part), 2003)
A. Portions of an approved preliminary plat may
be processed separately for recording in divisions; provided, that all
divisions are approved within the prescribed time limits for the preliminary
plat; and provided, that the division does not violate the intent of the
preliminary plat.
B. Prior to the approval of a division of a
final plat, the director may require an assurance device be submitted for
construction of improvements in subsequent divisions if such improvements are
necessary for the continuity of transportation, utility, or other systems.
C. Preliminary plat approval for separate
phases may be extended in the same manner as provided in SWMC 16.08.028. (Ord.
1487-04 § 3 (part), 2004)
Land
having topographical or subsurface conditions hazardous to the health, safety
or general welfare of persons or property in or near a proposed subdivision
shall not be subdivided unless the construction of protective improvements will
eliminate the hazards or unless land subject to the hazard is restricted to
uses which will not expose persons or property to the hazard. Protective
improvements consistent with the standards established in Subchapter VI shall
be constructed, prior to final plat approval unless a performance bond
acceptable to the city engineer is filed in lieu of the improvements. (Ord.
1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Every subdivision shall include adequate
provision for dedication of drainage and stormwater ways, streets, alleys,
easements, slope rights, parks and other public open spaces for general
purposes as may be required to protect the public health, safety and welfare.
B. Protective improvements and easements to
maintain the improvements shall be dedicated at the discretion of the city.
C. Convenient pedestrian and vehicular access
to every lot by way of a dedicated street or permanent appurtenant easement
shall be provided. Access from a dedicated street shall be required, unless the
city engineer determines that the following conditions exist, and permits
access by a permanent private easement:
1. Access by easement would not compromise the
goals of the Zoning Code to provide for adequate light, air and usable open
space between structures; and
2. The dedication and improvement of a street
is not necessary or desirable to facilitate adequate water supply for domestic
water purposes or for fire protection, or to facilitate adequate storm
drainage; and
3. The dedication and improvement of a street
is not necessary or desirable in order to provide on-street parking for
overflow conditions; and
4. No potential safety hazards would result
from multiple access points between existing and future developments onto a
roadway without curbs and with limited sight lines; and
5. There is no potential for extending the
street system; and
6. Access to a public street is not practical
due to unique conditions beyond the control of the applicant.
D. If the hearing body concludes that the
public interest will be served, the hearing body may, in lieu of requiring the
dedication to the public of land in a subdivision for protective improvements,
drainage and stormwater ways, streets, alleys, sidewalks, parks and other open
space, allow the land to be conveyed to a homeowner’s nonprofit maintenance
corporation. In that case the subdivider shall, at or prior to the time of
filing a final plat for approval, supply the director with copies of articles
of incorporation and bylaws of the grantee organization and with evidence of
the conveyance or of a binding commitment to convey. The articles of
incorporation shall provide that membership in the corporation shall be conditioned
upon ownership of land in the subdivision, that the corporation is empowered to
assess the land for costs of construction and maintenance of the improvements
and property owned by the corporation, and that the assessment shall be a lien
upon the land. The city attorney shall review and approve the articles of
incorporation and bylaws as to compliance with this provision. The hearing body
may impose other conditions as he or she deems appropriate to assure that
property and improvements owned by the corporation will be adequately
constructed and maintained.
E. Any dedication, donation or grant as shown
on the face of the plat shall be considered, to all intents and purposes, as a
quitclaim deed to the grantee or grantees, for his, her or their use for the
purpose intended by the donors or grantors.
F. Dedicated streets and alleys shall meet the
requirements of SWMC Ch. 15.40. Private streets and easements shall meet the
design standards of SWMC Ch. 15.40. (Ord. 1487-04 § 3 (part), 2004: Ord.
1450-03 § 2 (part), 2003)
The
hearing body shall inquire into the public use and interest proposed to be
served by the establishment of the subdivision and dedication. The hearing body
shall consider all relevant facts to determine whether the public interest will
be served by the subdivision and dedication, and if the hearing body finds that
the proposed plat makes appropriate provision for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other
public ways, water supplies, sanitary wastes, fire protection facilities,
parks, playgrounds, sites for school and schoolgrounds and that the public use
and interest will be served by the platting of subdivision, then it shall be
approved. If the hearing body finds that the proposed plat does not provide the
appropriate elements or that the public use and interest will not be served,
then the hearing body may disapprove the proposed plat. Dedication of land to
any public body may be required as a condition of subdivision approval and
shall be clearly shown on the final plat. The hearing body shall not as a
condition to the approval of any plat require a release from damages to be procured from other property owners. (Ord.
1487-04 § 3 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
A. Time of Filing.
1. A final plat meeting all the requirements
of Chapter 58.17 RCW and of this chapter, shall be filed with the city engineer
within five years of the date of preliminary plat approval. As required by RCW
58.17.140, an applicant who files a written request at least thirty days before
the expiration of the five-year period shall be granted one one-year extension
upon showing that the applicant has attempted in good faith to submit the final
plat within the five-year period. Approval of the extension may contain additional
conditions and requirements for the preliminary plat.
2. Within twenty-eight days of the date of
filing of the plat, unless the applicant consents to an extension of the time
period, final plats shall be approved or disapproved by action of the city
council, or returned to the applicant.
B. Submittal Requirements. The following shall
be submitted for final plat review:
1. A final plat consistent with the technical
requirements of SWMC 16.08.066 and Subchapters V and VI;
2. A complete survey of the section or
sections in which the plat or replat is located, or as many sections as may be
necessary to properly orient the plat within the section or sections;
3. Complete field and computation notes as
provided in SWMC 16.08.094;
4. A current subdivision guarantee from a
title company licensed to do business in the state showing the ownership and
title of all parties of interest in the subdivision and confirming that title
of the lands as described and shown on the final plat is in the name of the
owners signing the certificate required in SWMC 16.08.066;
5. A guarantee deposit in an amount
established by the city engineer sufficient to cover the expense of the city in
checking the plat, advertising the ordinance, posting notices. (Ord. 1487-04 §
3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. The final plat shall be prepared upon the
best grade of tracing medium and shall be eighteen inches by twenty-four inches
in size. The accuracy and completeness of the map shall be the sole responsibility
of a registered land surveyor whose seal shall appear on the plat and who shall
make field surveys and investigations as necessary to insure that the map is
complete and accurate in every detail. The preparation of the tracing shall be
by an experienced draftsman and work shall conform to established standards of
workmanship. The final plat shall be presented at a scale not smaller than one
hundred feet to one inch and shall contain and show the following:
1. The name of the subdivision;
2. The lines, widths and names of all streets,
avenues, places, parks or other public property, and the location of monuments
marking the same;
3. The length and direction of all lot lines,
also the angles made by the lot lines with the street lines;
4. The location of control points and monuments
together with all ties;
5. The names of all subdivisions immediately
adjacent;
6. The scale and north point;
7. The boundary of the tract as covered by the
plat showing courses and distance on the plat;
8. The initial point;
9. All protective improvements and
restrictions on uses;
10. All dedications and all conveyances to a homeowner’s
nonprofit maintenance corporation in lieu of dedication;
11. Any additional information necessary to meet
the standards for mapping as set forth in WAC 332-130.
B. In the case of a replat, the lots, blocks,
streets, alleys, easements and parks appearing on the original plat shall be
shown by dotted lines in their proper position in relation to the new arrangement
of the plat, and the new plat shall be shown clearly in solid lines to avoid
ambiguity.
C. The description, dedication, acknowledgment,
certificates of city and county treasurers, certificates of approval by the
city engineer, the city comptroller and the director, and recording certificate,
shall be lettered with India ink and shall be substantially in the form set
forth in the city engineer subdivision standards.
D. The information required in SWMC
16.08.066—.068 shall be provided in both paper or mylar and digital format, as
specified by the city engineer. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03
§ 2 (part), 2003)
Each
and every final plat, or replat, of any property to be filed for record shall:
A. Contain a statement of approval from the
city engineer as to the survey date, the layout of streets, alleys and other
rights-of-way, design of bridges, sewage and water systems, and other structures;
B. Be acknowledged by the person filing the
plat before the Skagit County auditor or any other officer who is authorized by
law to take acknowledgment of deeds, and a certificate of the acknowledgment
shall be enclosed or annexed to the plat and recorded with it;
C. Contain a certification from the proper officer
or officers in charge of tax collections that all taxes and delinquent
assessments for which the property may be liable as of the date of
certification have been duly paid, satisfied or discharged;
D. Contain a certificate giving a full and
correct description of the lands divided as they appear on the plat, including
a statement that the subdivision has been made with the free consent and in
accordance with the desires of the owners. If the plat is subject to a
dedication, the certificate or a separate written instrument shall also contain
the dedication of all streets and other areas to the public, an individual or
individuals, religious society or societies or to any corporation, public or
private as shown on the plat and a waiver of all claims for damages against any
governmental authority which may be occasioned to the adjacent land by the
established construction, drainage and maintenance of the road. The certificate
or instrument of dedication shall be signed and acknowledged before a notary
public by all parties having any ownership interest in the land subdivided and
recorded as part of the final plat. (Ord. 1487-04 § 3 (part), 2004: Ord.
1450-03 § 2 (part), 2003)
The
city engineer shall refer the final plat to the director who shall review the
final plat for substantial conformance to the approved preliminary plat, including
any requirements or conditions imposed by the hearing body and or city council,
and to the standards established by Chapter 58.17 RCW and this chapter. The
director shall within ten days furnish the city engineer with a report
regarding the conformance of the plat. The city engineer shall review the final
plat for the following:
A. That the proposed final plat bears the
certificates and statements of approval required by state law and this chapter;
B. That a subdivision guarantee furnished by
the subdivider confirms that title of the land and the proposed subdivision is
vested in the name of the owners whose signatures appear on the plat certificate;
C. That the facilities and improvements
required to be provided by the subdivider have been completed. Alternatively,
if the director determines that public health, safety and general welfare will
not be jeopardized, the subdivider may provide a bond in a form approved by the
city attorney and in an amount commensurate with the cost of allowed improvements
remaining to be completed, conditioned upon the construction and installation
of said improvements within a fixed time set by the director, not to exceed one
year after final approval of the plat;
D. That the map is technically correct and accurate
as certified by the registered land surveyor responsible for the plat. (Ord.
1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Pursuant to the requirements of RCW
58.17.150, the city engineer shall not modify the recommendations made in the
hearing body approval of the preliminary plat when making recommendations on
the final plat without the consent of the subdivider.
B. If the planning director and the city
engineer determine that the requirements of this subtitle are met, the city
engineer shall certify that the proposed final plat meets the requirements of
Chapter 58.17 RCW and this chapter, and shall forward a complete copy of the
proposed plat to the city council.
C. If either director determines that the requirements
of this chapter have not been met, the final plat shall be returned to the
applicant for modification, correction or other action as may be required for
approval; provided, that the final plat shall be forwarded to the city council
together with the determination of the directors, upon written request of the
subdivider. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. The city council shall determine:
1. Whether the final plat is in substantial conformance
with the approved preliminary plat;
2. Whether the requirements imposed when the
preliminary plat was approved have been met;
3. Whether the bond, if required by the city,
is sufficient in its terms to assure completion of improvements; and
4. Whether the requirements of state law and
the Sedro-Woolley Municipal Code which were in effect at the time of
preliminary plat approval have been satisfied by the subdivider.
B. The city council shall approve by
ordinance, or disapprove, the proposed final plat. If the city council approves
the plat, the mayor shall inscribe and execute written approval on the face of
the plat, and the city engineer shall transmit the original plat to the
C. Any lots in a final plat filed for record
shall be a valid land use notwithstanding any change in zoning laws for a
period of five years from the date of filing. A subdivision shall be governed
by the terms of approval of the final plat, and the statutes, ordinances, and
regulations in effect at the time of approval under RCW 58.17.150 (1) and (3)
for a period of five years after final plat approval unless the city council
finds that a change in conditions creates a serious threat to the public health
or safety in the subdivision.
D. The decision of the city council may be appealed
to Superior Court by a party with standing. The appeal shall be limited to
whether the conditions of preliminary approval and the requirements of this section
have been satisfied. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
A. Any final plat disapproved by the city council
or returned to the applicant may, at the subdivider’s option, be resubmitted
for approval upon satisfaction of the following condition:
1. The subdivider has corrected those deficiencies
of the final plat, attachments to it, or improvements, any or all of which
caused the final plat to be returned or disapproved;
2. The final plat is resubmitted within the
five-year period after the date of approval of the preliminary plat as provided
in SWMC 16.08.064 or within six months from the date of city council
disapproval whichever is later;
3. The final plat was not disapproved by city
council with prejudice against resubmission;
4. The subdivider has not accepted any proffered
refund of filing fees paid for individual lots.
B. Any subdivision, the final plat of which is
disapproved for reasons of nonconformance with the approved preliminary plat
and any requirements or conditions attached to it, may be submitted as a preliminary
plat, and shall be considered a new and separate application for all intents
and purposes. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part),
2003)
A. Any public agency with the power to acquire
land by condemnation or otherwise for public use may, at any time prior to
final approval of a preliminary plat, notify the city council and the
subdivider of its intention to acquire some or all of the land in the proposed
subdivision for public use, and may request that the city council require its
dedication for the use as a condition of approval.
B. The public agency may request that the city
council require the reservation of the land for a stated period following the
city council’s approval of the final plat, during which time the agency may
acquire the land. If the city council finds that the public health, safety, or
general welfare will be served, it may require as a conditional precedent to
approval of the final plat that the land or that part of it as the city council
deems appropriate be designated on the plat as reserved land and that for the
period requested or a shorter period as the city council deems sufficient, the
reserved land not be developed for uses other than the contemplated public use.
A public agency may accelerate the expiration date of a reservation period by
filing written notice with the
The
subdivider may indicate on the plat that if the reserved land is not acquired
for public use, it shall be subdivided and if the subdivider does so the plat
shall show the configuration and dimensions of the proposed lots, blocks,
streets, easements and like features in the reserved area. (Ord. 1487-04 § 3
(part), 2004: Ord. 1450-03 § 2 (part), 2003)
No
building permit or other development permit shall be issued for improvements on
reserved land during the period of reservation unless the public agency has
abandoned its rights and except as expressly authorized by the city council at
the time the final plat is approved. (Ord. 1487-04 § 3 (part), 2004: Ord.
1450-03 § 2 (part), 2003)
If
the public agency has not acquired or commenced proceedings to acquire the
reserved lands within the period set by the city council, the subdivider may
proceed to develop land lying within the reserved area in conformity with the
final plat. No improvements shall be made upon reserved land which is made
available for development until adequate security for development of all
required public and protective improvements has been provided. (Ord. 1487-04 §
3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
This
Subchapter IV is not exclusive, is in addition to the right of the city to
require dedications, and shall not limit the authority of the city or any
public agency to require a dedication as a condition of subdivision approval.
(Ord. 1487-04 § 3 (part), 2004)
A
survey of every proposed subdivision and the preparation of preliminary and
final plats of the subdivision shall be prepared by a registered land surveyor
who shall certify on the plat that it is a true and correct representation of
the lands actually surveyed. All surveys shall conform to standard practices
and principles for land surveying. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03
§ 2 (part), 2003)
A. The surveyor shall furnish the city engineer
with a full set of survey notes which notes shall clearly show:
1. The ties to each permanent monument;
2. At least three durable, distinctive
reference points or monuments;
3. Sufficient data to determine readily the
bearing and length of each line;
4. The base meridian referred to.
B. A traverse of the boundaries of the subdivision
and all lots and blocks shall close within one foot in five thousand feet, as
required by Chapter 332-130 WAC.
C. Primary survey control points shall be referenced
to section corners and monuments, and corners of adjoining subdivisions, or
portions of subdivisions shall be identified and ties shown. (Ord. 1487-04 § 3
(part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Permanent control monuments shall be established
at:
1. All controlling corners on the boundaries
of the subdivision;
2. The intersections of centerlines of roads
within the subdivisions;
3. The beginning and ends of curves on centerlines;
4. All block corners.
B. Permanent control monuments may be placed
on the offset lines. The position and type of every permanent monument shall be
noted on all plats of the subdivision. Permanent control monuments shall be of
a type approved by the city engineer.
C. Permanent control monuments within the
streets shall be set after the streets are graded. In the event a final plat is
approved before streets are graded, the security deposit to provide for grading
shall be sufficient to pay the costs of setting the monuments estimated by the
city engineer.
D. Each lot corner shall be marked by a
one-half-inch galvanized iron pipe, twenty-four inches in length, or approved
equivalent, driven into the ground, set with C cap per the requirements of RCW
58.09.120. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
If
any land in a subdivision is contiguous to a body of water, a meander line
shall be established along the shore at a safe distance back from the ordinary
high water mark. Property lying below and beyond the meander line shall be
defined by distance along the side property lines extended from the meander
line. If the thread of a stream lies within a subdivision or forms the boundary
of a subdivision, such thread shall be defined by bearings and distances as it
exists at the time of the survey. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03
§ 2 (part), 2003)
The
design of all subdivisions shall conform to the standards set forth in this
section and SWMC Chapter 15.40:
A. Streets and Alleys.
1. All subdivisions shall be served by one or
more streets providing adequate ingress and egress to and from the subdivision.
2. Major streets within each subdivision shall
conform with the city’s arterial street plan and shall provide for the
continuation of major streets which serve property contiguous to the
subdivision. Unless otherwise allowed by the city engineer, public right of way
for streets shall meet the standards established in SWMC 15.40.
3. Street networks shall provide ready access
for fire and other emergency vehicles and equipment, and routes of escape for
inhabitants.
4. Dedicated streets and alley rights-of-way
shall meet the standards established in SWMC Chapter 15.40.
B. Blocks. Blocks shall be designed to assure
traffic safety and ease of traffic control and circulation. Blocks shall be
identified by letters or numbers.
C. Lots.
1. Every lot shall be provided with convenient
vehicular access to a street or to a permanent appurtenant easement which
satisfies the requirements of SWMC 15.40.
2. Lots shall be numbered with reference to
blocks.
D. Sidewalks. Design of sidewalk or sidewalk
easement in residential subdivisions shall be as required by the city engineer.
E. Drainage—Storm Sewer and Utility Easements.
1. Easements for drainage channels and ways
shall be of sufficient width to assure that they may be maintained and
improved, and shall conform to the design requirements established by the city
engineer. Easements for storm sewers shall be provided and shall be of
sufficient width and in proper location to permit future installation, and
shall conform to the design requirements established by the city engineer.
Utility easements shall be in accordance with plans and specifications prepared
by the appropriate city department, and shall conform to the design requirements
established by the city engineer.
2. Easements for electric, telephone, water,
gas and similar utilities shall be of sufficient width to assure installation
and maintenance, and shall conform to the design requirements established by
the city engineer.
3. Design of storm water systems shall comply
with the latest edition of the Department of Ecology Stormwater Management
Manual for
F. Underground Utility Installation. Subdivisions
shall provide for underground utility lines, including but not limited to those
for electricity, telephone, CATV and street lighting, unless otherwise
permitted by the city engineer. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03
§ 2 (part), 2003)
All
improvements shall follow the latest edition of the Washington State Department
of Transportation Standard Specifications and Chapter 15.40 SWMC.
A. Streets, Bridges, and Other Construction.
All streets, bridges, drains, culverts and other structures and facilities in
dedicated areas shall be constructed in accordance with plans and
specifications prepared or approved by the city engineer.
B. Street Grading and Surfacing. All dedicated
streets shall be graded to their full width with adequate drainage provided
prior to acceptance for public use. Grades shall be established by the city engineer
and all roadways shall be surfaced according to plans and specifications
prepared or approved by the city engineer.
C. Water and Sewers. Water supply facilities
adequate to provide potable water from a public supply to each lot within a
subdivision shall be installed in conformity with standards adopted by the
Skagit County PUD. Each lot shall be provided with a single connection to the
Sedro-Woolley sanitary sewer system approved by the city engineer, unless a
shared connection is approved by the city engineer. All connections shall
conform to applicable city ordinances and regulations.
D. Service Mains and Fire Hydrants. Prior to
the construction of any structure in the subdivision, service mains and fire
hydrants shall be installed in accordance with plans and specifications
prepared or adopted by the city engineer and in accordance with requirements
and standards of the PUD and fire chief. (Ord. 1487-04 § 3 (part), 2004: Ord.
1450-03 § 2 (part), 2003)
Variances
from the design standards and improvement requirements set forth in this subchapter
may be authorized by the hearing body as part of preliminary plat approval; provided
that no variance to the sanitary sewer connection shall be allowed. All
variances shall be expressly set forth in writing as part of the approval and
be supported by findings and conclusions. No variance shall be granted unless
the applicant shall demonstrate the following:
A. Strict compliance with the provisions of
this Subchapter would cause unusual hardship for the subdivider;