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;
B. The condition which justifies the variance
is not created by, nor within the control of the subdivider;
C. The condition is unique to the subdivider’s
property; and
D. The variance will not shift the impact or burden
of development to the city or other property owners. (Ord. 1487-04 § 3 (part),
2004: Ord. 1450-03 § 2 (part), 2003)
In
approving or disapproving a variance under this chapter, the hearing body may
impose such conditions as it finds necessary to maintain the intent and purpose
of this title. The applicant shall have the burden of proving that the criteria
for a variance have been satisfied. (Ord. 1487-04 § 3 (part), 2004)
Sections:
16.12.010 Filing of application.
16.12.015 Content of application.
16.12.020 Distribution of plats.
16.12.025 Content of short plat.
16.12.030 Dedications required.
16.12.035 Street design standards.
16.12.040 Improvements.
16.12.045 Criteria for approval.
16.12.050 Planning director’s decision.
16.12.055 Hearing body decision.
16.12.060 Variances.
16.12.070 Conditions—Burden of proof.
16.12.080 Filing of plat.
16.12.090 Redivision procedures.
* Prior ordinance history: Ord. 1450.
A. Official filing of an application with the director
for a short plat, to divide or redivide land situated within the city into four
or fewer lots for the purpose of sale or lease, transfer of ownership, development
or financing, 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. An applicant shall submit with
the application ten copies of the plans for the short plat showing preliminary
plat. Unless an applicant for short plat approval requests otherwise, a short
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, city ordinances and state law.
D. Applications for short plats 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 § 4 (part), 2004: Ord. 1450-03 § 2 (part),
2003)
Applications
for approval of a short subdivision shall include the following:
A. A plat of the proposed short subdivision containing
standard survey data;
B. A vicinity map on which shall be indicated
the property to be subdivided;
C. A plot plan, as appropriate, showing the
location and dimensions of existing buildings in relation to the proposed short
subdivision. The square footage and closure computations of each parcel or lot
shall show that each parcel or lot contains at least sufficient footage to meet
minimum zoning and health requirements;
D. Legal descriptions of the property to be subdivided
and of all proposed lots or divisions;
E. Name and address of owner(s) of the tract;
F. Location of existing and proposed
streets and other improvements including
but not limited to water lines, sewer lines, and traffic, stormwater, and
drainage improvements;
G. All short plats must be accompanied by a
title report confirming that the title of the lands as described and shown on
the short plat is in the name of the owner signing the certificate or
instrument of dedication. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
If
the director determines that the applicant has met all the application
requirements for the short plat and that the short 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,
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 § 4 (part), 2004)
A. Every short 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 applicant’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 of SWMC Chapter 16.08. (Ord. 1487-04 § 4 (part), 2004:
Ord. 1450-03 § 2 (part), 2003)
A. Every short plat 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;
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;
3. The dedication and improvement of a street
is not necessary or desirable in order to provide on-street parking for
overflow conditions;
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;
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 director or 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 applicant 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 short plat, 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 short 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 15.40. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03
§ 2 (part), 2003)
The
design of all short plats 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.
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 section of the Department of Ecology Stormwater Management Manual.
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 § 4 (part), 2004)
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 § 4 (part), 2004)
A. The planning director shall, after conferring with appropriate officials, use the following criteria to determine whether to grant, condition or deny a short plat:
1. Conformance to the applicable comprehensive plan policies and zoning code provisions;
2. Adequacy of access for vehicles, utilities and fire protection as provided in SWMC 16.12.035;
3. Adequacy of drainage, stormwater facilities, water supply and connection to the Sedro-Woolley sanitary sewer system;
4. Whether the public use and interests are served by permitting the proposed division of land.
B. If the short subdivision contains a proposed dedication, the planning director shall refer the matter to the city engineer for report and recommendation. The short plat or dedication instrument shall be transmitted to the city council for acceptance of the dedication by ordinance. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
If the planning director determines that the requirements of this chapter are met, or may be met upon compliance with specified conditions, the planning director shall inform the applicant in written findings of the decision to approve the application and the conditions of the approval, if any, and may return the proposed short plat to the applicant for modification or correction. When the planning director has determined that: (1) the short plat contains the certificates, dedication instruments and statements of approval required by state law and this chapter, (2) the short plat and all legal descriptions are technically correct, and (3) the planning director determines that the short plat qualifies for approval or approval with conditions, the director shall notify the applicant and provide for all notices required by SWMC Chapter 2.90 for administrative short plat approvals. If no person or party requests an open record hearing before the hearing body within the time allowed by SWMC Chapter 2.90, the short plat shall be formally approved without further hearing. Preliminary short plat approval is valid for three years unless extended by the following procedure. As allowed by RCW 58.17.140, an applicant who files a written request at least thirty days before the expiration of the three-year period shall be granted one one-year extension upon showing that the applicant has attempted in good faith to submit the short plat for final approval within the three-year period. Approval of the extension may contain additional conditions and requirements for the preliminary short plat. (Ord. 1598-08 § 1, 2008: Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
Any party that wishes to appeal the planning director’s decision regarding standards and improvement requirements of SWMC Section 16.12.030(C) may petition for an open record hearing before the hearing examiner. Notice of the petition for hearing shall be provided to all parties entitled to notice under SWMC Chapter 2.90. The hearing examiner shall have the powers and duties of the director, and may approve the short plat and/or variance, approve with conditions, or deny the short plat application. (Ord. 1607-08 § 6(A), 2008: Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Variances from the design standards and improvement requirements set forth in SWMC Section 16.12.030(C) may be authorized by the hearing body as part of plat approval; provided, that no variance to the sanitary sewer connection shall be allowed except as set forth in subsection B of this section. 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:
1. Strict compliance with the provisions of this chapter would cause unusual hardship for the applicant;
2. The condition which justifies the variance is not created by, nor within the control of the applicant;
3. The condition is unique to the applicant’s property; and
4. The variance will not shift the impact or burden of development to the city or other property owners.
B. No variance to the sanitary connection requirement shall be allowed except as set forth in this subsection. Variances from the sanitary sewer requirement of SWMC Section 16.04.080(A) may be authorized by the hearing body as part of plat approval when sewer is not reasonably available to the property and the property subject to the plat is a clustered development previously approved under the applicable sections of Ordinance 1333-99, consisting of two or more existing, detached residences on one lot. The variance must meet the requirements of subsection A of this section and the following requirements:
1. The applicant shall provide an “on-site sewage system” that complies with the applicable requirements of Skagit County Code Chapter 12.05.
2. The number of lots shall not exceed the number of detached single-family residences constructed under the “clustered development” provisions. No new, vacant lots may be created without the connection to the city sanitary sewer system.
3. Further subdivision of the property shall require connection to sanitary sewer.
4. In addition to meeting minimum lot size for the applicable zone, lots must be of sufficient size to meet the requirements of the Skagit County Health Department for private, on-site septic systems as required by Skagit County Code Chapter 12.05; provided, that the area within public street right-of-way may not be included in determining minimum lot area.
5. A note shall be placed on the face of the plat requiring the owner of each lot to connect to the city sanitary sewer pursuant to SWMC Section 13.08.040 when it becomes reasonably available.
6. The design of the plat shall: (a) facilitate future subdivision consistent with the density requirements of this code; and (b) provide for sewer line easements or lot configurations which facilitate future connection of all lots to the city sanitary sewer system consistent with applicable city regulations.
7. Applications must comply with all other requirements of this title. (Ord. 1520-05 § 2, 2005: Ord. 1487-04 § 4 (part), 2004)
In approving or disapproving a variance under this section, the hearing body may impose such conditions as it finds necessary to maintain the intent and purpose of this title. The applicant shall have the burden of proving that the criteria for a variance have been satisfied. (Ord. 1487-04 § 4 (part), 2004)
Upon final approval
of a short plat application by the director or hearing examiner, the short plat
shall be approved on its face by the planning director, city engineer, and
clerk-treasurer, and filed for record with the
Land within a short subdivision may not be further divided within a five-year period immediately following approval and filing of a short plat unless a final plat for such subdivision is approved and filed for record in accordance with the provisions of SWMC Section 16.12.080 and this title. However, any revision of an approved short plat in which the total number of lots is not increased shall not be considered a further division, and shall be approved or disapproved in the manner prescribed in this code. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
Sections:
16.16.010 Purpose.
16.16.020 Application
for approval of lot boundary adjustment.
16.16.030 Criteria
for approval.
16.16.040 Additional
conditions of approval.
The purpose of this chapter is to provide a method for summary approval of lot boundary adjustments which do not create any additional lot, tract, parcel, site or division, while insuring that such lot boundary adjustment satisfies public concerns of health, safety, and welfare. (Ord. 1450-03 § 2 (part), 2003)
Anyone seeking an approval by the planning director of a lot boundary adjustment shall file an application on such form as required by the planning director. All applications for lot boundary adjustment shall contain the following:
A. A plan showing the proposed change and containing standard survey data;
B. A surveyed plot plan showing the location and dimensions of existing structures in relation to the proposed lot boundary adjustment;
C. A legal description of the property involved;
D. Name and address of owner(s) of the property involved;
E. Legal description of the proposed lot boundary adjustment.
F. A current title report showing all persons with an interest in the property. (Ord. 1487-04 § 5 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. No additional lots shall be created. This also refers to redividing already created lots where structures are located on property lines.
B. Lots shall comply with minimum standards of the zoning code.
C. Lots shall comply with the Sedro-Woolley Municipal Code standards for access.
D. The following statement shall appear on all lot boundary adjustment deeds:
The above described property will be combined or aggregated with contiguous property owned by the grantee. This lot boundary adjustment is not for the purpose of creating an additional lot.
E. All persons with an interest in the property shall execute the deed or recorded document affecting the boundary line adjustment. (Ord. 1487-04 § 5 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
If the lot boundary adjustment makes a lot available for a building permit, the director may condition approval of a lot boundary adjustment on the provision of the same minimum infrastructure, design and improvements as would be required through a short plat. (Ord. 1487-04 § 5 (part), 2004)
Sections:
16.28.010 General provisions.
16.28.020 Review procedures—Preliminary binding site
plan.
16.28.030 Improvements and security—Methods and
procedure.
16.28.040 Final review—Recording—Revisions.
16.28.050 Criteria/development standards.
16.28.060 Application requirements.
A. Purpose and Applicability. The purpose of
this chapter is to establish an alternative process to subdividing and short
subdividing of land. Any person, or entity, who seeks to divide commercial or
industrial zoned property as provided in RCW 58.17.040(4); divide property for
lease as provided in RCW 58.17.040(5) for an approved mobile home park, whether
currently constructed or not constructed; and divide property as provided in
Section 58.17.040(7), whether currently constructed or not constructed, may
apply for a binding site plan division under the provisions of this chapter in
lieu of the provisions for subdivisions.
B. Compliance Required.
1. All development must be in compliance with
the recorded final binding site plan. 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.
2. No person shall sell, lease, or transfer
the ownership of or offer for sale, lease or transfer of ownership any real
property that is subject to this chapter without full compliance with the
provisions of this chapter and Chapter 58.17 RCW except that, following
preliminary binding site plan approval, performance of such offer or agreement
may be permitted provided that such offer or agreement is expressly conditioned
on the recording of the final binding site plan, and compliance with all
conditions thereto. (Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
The
general binding site plan (preliminary binding site plan) shall be processed as
a Type III Land Use permit under Chapter 2.90. The approval for improvements
and finalization of specific individual lots (final binding site plan) shall be
done by administrative approval as a Type I(B) land use permit under Chapter
2.90. (Ord. 1487-04 § 7 (part), 2004:
Ord. 1450-03 § 2 (part), 2003)
If
the preliminary binding site plan is approved, the city may establish a method
providing for and securing to the city the actual construction and installation
of required improvements in accordance with the provisions of this chapter as
follows:
A. By requiring that all required improvements
be installed and constructed prior to issuance of building permits for
structures or sale or lease of lots within the development;
B. By accepting a condition that no
certificate of occupancy shall be issued for any structure within a binding
site plan until improvements have been constructed or other security is
provided pursuant to subsections (C) through (F) of this section. Any such
condition shall be inscribed on the face of the original final binding site
plan filed and of record pursuant to Section 16.28.060(B)(7);
C. By furnishing the city with a performance
bond satisfactory to the city attorney, in which guarantee is given the city
that the installation of the required improvements will be carried out within
one year;
D. By a cash deposit with the city or suitable
escrow;
E. By a combination of these methods; or
F. By such other reasonable guarantee acceptable
to the city attorney. (Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2
(part), 2003)
A. Final Binding Site Plan Review. After approval
of the preliminary binding site plan, and within the time limits set forth in
SWMC 2.90, the applicant shall submit a final binding site plan and
supplementary materials as required under Section 16.28.060(B). The planning
director, building official and city engineer, in consultation with appropriate
city staff, shall:
1. Inspect the detail and computation of the final
binding site plan for compliance with the specifications and standards of this
chapter;
2. Inspect the final binding site for
compliance with the preliminary binding site plan approved by the city and the
conditions made a part of that approval;
3. Determine either that all required improvements
have been installed in accordance with these regulations or that certain
improvements may properly be deferred as per Section 16.28.030;
4. The mayor, planning director, building official,
and city engineer shall signify approval by signing the original mylar copy of
the final plan.
B. Filing and Recording Final Binding Site
Plan. The applicant shall file the original mylar drawing of the final binding
site, satisfying the provisions of Section 16.28.060(B) for recording as a
short or long plat with the Skagit County Auditor, with copies to the county
assessor, treasurer, and public works office. One reproducible full copy on
mylar or sepia material shall be furnished to the city planning department.
C. Expiration. Any final binding site plan not
filed for recording within sixty days after the city approval shall be null and
void. To be reactivated, the binding site plan must be resubmitted as a new preliminary
binding site plan.
D. Binding Site Plan Revisions. Alteration of a
preliminary or final binding site plan shall be accomplished by application and
shall be subject to all procedures and requirements established in this
chapter, except that minor modifications may be allowed as provided for under
subdivisions (1) through (4) of this subsection, below:
1. The final building site plan shall conform
to the preliminary binding site plan approved by the city, and to any
conditions that may have been part of the approval, except as provided under
subdivision (2) of this subsection.
2. Minor modifications to the approved preliminary
plan, or approved final binding site plan, may be allowed if the city planning
director, engineer, attorney, and other affected city departments or utility
companies, and the mayor determine such modifications are necessary because of
unforeseen technical problems and such modifications comply with the spirit and
intent of the preliminary approval and will not be detrimental to the public
health, safety or welfare or injurious to other properties in the area.
Examples of minor modifications are, but are not limited to:
a. Modification of lot lines which do not
violate any development codes or regulations of the city or this chapter;
b. Reconfiguration of parking lots or
landscape areas that are approved by the city planning director;
c. Relocation of fire lands, hydrants or water
lines that would conform to city regulations and are approved by the fire
chief;
d. Relocation of utilities that would conform
to city regulations as approved by the city engineer;
e. Modification of building configurations that
do not significantly increase the floor area, reduce required parking ratios,
reduce landscaped area, or violate any city regulations.
3. A minor modification to the preliminary
binding site plan, approved under subdivision (2) of this subsection shall be reflected
in the final binding site plan.
4. A minor modification to the final recorded binding site plan, approved under subdivision (2) of this subsection, shall be noted by a written statement, and illustrated, on the appropriate maps and mylars, signed by the planning director, city engineer, city attorney, the head of any affected city department, and mayor, and recorded in the county auditor’s office as an amendment to the original recorded binding site plan, with copies to the county assessor, treasurer and public works departments. A reproducible copy of the amendment shall be provided to the city planning department. (Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Factors to be Considered in the Preliminary Binding Site Plan Review. The approving authority’s decision may be to grant or deny an application or to require of the applicant such conditions, modifications and restrictions as are found necessary to insure that the development:
1. Is consistent with the projected environmental impacts, or lack of impacts, as described by the applicant in the environmental assessment documents, and complies with all mitigation measures and conditions of a determination of nonsignificance issued for the proposed binding site plan;
2. Conforms to the following codes, programs and policies:
a. The comprehensive plan and zoning code, Title 17 of this code,
b. The design and development standards and requirements of this title and Chapter 15.40 of this code,
c. The city’s six-year transportation and improvement plan,
d. The city’s storm drainage and sewer service plans and policies,
e. The compatibility of the binding site plan with existing adjacent developments, or potential developments if the adjacent land is zoned for residential use,
f. Other plans and programs as the city may adopt.
3. Includes appropriate provisions for the public health, safety and general welfare; open space; storm drainage; streets or roads; alleys; sidewalks and trails; transit stops; and other public ways; open space; potable water supplies; fire protection; and sanitary and solid waste disposal.
B. Design and Development Standards.
1. Streets—Realignment, Dedication or Widening. If the city concludes that the street right-of-way adjacent to a proposed binding site plan is inadequate for widening and/or realignment of the existing street, as determined by the comprehensive plan, traffic impact study, or the public works construction standards, then the city may require a dedication of necessary right-of-way and improvement of that right-of-way and provision of attendant traffic control devices.
2. Natural Features. The design of the project shall minimize disturbance to natural drainage and wetlands, and shall preserve as much as practical existing significant trees and the natural grades around such trees.
3. Grading/Erosion Control. Before any site modification where existing natural features, including topsoil, would be removed or disturbed, a grading and erosion control plan showing the extent of the proposed modification must be submitted to and approved by the city. Debris, junk, rubbish, or other waste materials of any kind shall not be buried in any land or deposited in any surface water.
4. Existing Structures. All existing structures and uses shall comply with the standards of the city codes and zoning requirements.
5. Floodplain. The proposed development shall comply with the Sedro-Woolley Floodplain Ordinance codified under Chapter 17.66 of this code.
6. Landscaping. All developments shall provide landscaping to satisfy the landscaping ordinance, and the following objectives, as determined by the planning director: to provide an attractive appearance; to soften the impact of and break up parking areas; to reduce the amount of impermeable surface and improve drainage; to provide a streetscape along roadways; to buffer uses from adjacent residential properties; to screen loading and outdoor storage areas; to provide an attractive environment in which to work or shop; and to establish and maintain property values within the business, commercial and industrial areas of the city. Plans shall include irrigation, and provide for maintenance of the landscaped areas.
7. Parking. The number of parking stalls provided for each use within the binding site plan shall comply with the requirements of the zoning ordinance. In most cases, cross-easement between lots, or common use tracts, shall be required for parking and parking area circulation roads.
8. Loading. Loading areas shall be provided and outdoor storage areas shall be fully screened.
9.
10. Setbacks. Around the outer perimeter of the planned development, setbacks for structures shall comply with the provisions of the zoning district, except that no structure shall be less than ten feet from a perimeter line. Setbacks from other lines within the building site plan need not satisfy the zoning district requirements, provided that construction meets building and fire codes.
11. Fire Hydrants. Hydrants shall be installed as required by the city fire chief. Water pressure and flow shall be adequate to provide for fire protection to all areas of the site.
12. Access. Ingress and egress shall be approved by the planning director and city engineer. The site design shall provide for joint access easements and lot configurations which will reduce the number of ingress/egress points from existing city, county or state roads; provided, however, that adequate access for emergency services is included.
13. Pipe Utilities. All storm drainage improvements, sanitary sewer improvements, and water improvements, and associated easements, shall be approved by the city engineer and sewer plant manager and PUD. Easements and cross-easements for utilities shall be provided as necessary. Provision for utility line extension beyond the boundary of the project may be required, along with any necessary easements for maintenance, or dedications.
14. Wire Utilities. All projects shall have all power lines, telephone wires, television cables, fire alarm systems and other communication wires, cables or lines placed underground. All such underground installations or systems shall be approved by the appropriate utility company. If the appropriate utility company determines that an underground system, as required above, cannot reasonably be installed according to accepted engineering practices, this requirement may be waived upon receipt of a written notice from such utility to the planning director. Utility easements shall be provided within a proposed binding site plan and shall be approved by the appropriate utility company before final acceptance of the binding site plan, and shall be shown in their exact location on the final drawing of such plan.
15. Covenants and Restrictions. All development within a binding site plan shall be governed by covenants and restrictions, reviewed and approved by the city planning director and attorney prior to final approval. At a minimum, the covenants and restrictions shall: specify standards for construction and design; control operational standards and impacts of various uses; specify maintenance and easement of responsibilities and obligations; and provide a mechanism for enforcement of the covenants and restrictions. These covenants and restrictions shall be recorded and referenced on the face of the final binding site plan, and attached as a permanent deed restriction to each lot within the binding site area. (Ord. 1520-05 § 3, 2005: Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
A. Preliminary Binding Site Plan Application Requirements. The applicant shall submit the following materials to the city, which shall comprise a complete application:
1. Completed application form provided by the city;
2. Environmental impact assessment information;
3. Payment of required fees for binding site plan application:
a. Environmental review: as set by the Sedro-Woolley city council,
b. SEPA checklist review: as most recently adopted by the city council,
c. EIS review: as most recently adopted by the city council.
4. Names and addresses of all owners of property
located within five hundred feet of the proposed binding site plan property,
and any other contiguous property owned by the applicant, exclusive of
rights-of-way;
5. Twelve paper copies of the binding site
plan map(s), which shall be prepared by a registered land surveyor of the state
of
a. The name of the binding site plan,
b. The names and addresses of the owners of
the property, and the developer(s) of the planned development,
c. The existing zoning classification of the
subject land and all adjacent properties, including those properties across streets,
d. The legal description of the boundaries of
the land and actual dimensions of the tract to be divided,
e. A vicinity map showing the boundary of the
land in relation to the section(s) in which it is located. This information
shall be drawn as an insert at a convenient scale,
f. The Date, Scale, and North Arrow. The desired
scale shall be one inch equals one hundred feet, but no more than one inch
equals four hundred feet, unless otherwise approved by the planning director,
g. Existing conditions, including the
location, width, and names of all existing or platted streets or other public
ways or easements within or adjacent to the proposed development, and all other
features such as existing buildings, utilities, watercourses, significant trees
or other natural features, power lines, and section lines,
h. Proposed finished contours, at two foot intervals,
along with benchmarks of existing ground elevation, which shall be referenced
to mean sea level datum,
i. The number and dimensions of all lots including
bearings of all lines,
j. The layout of the site, or portion(s)
thereof, including lot design, building “footprints,” street and pedestrian
circulation, location of landscape areas and islands, and private and public
road right-of-way widths. Street and pedestrian layout shall identify location
and width of vehicular and pedestrian ways and indicate the status of ownership
and method of maintenance,
k. All adjacent areas or lots outside of the
binding site plan area which are reserved for future development and which are
under the ownership of the applicant,
l. Building setback lines, proposed loading
and storage areas,
m. Off-street parking layout and traffic circulation
plan,
n. A preliminary layout of all proposed underground
utility services, including proposed easements, and the names of utility
companies which will serve the site,
o. Name of water district, and a preliminary
layout of proposed water service and fire hydrants, including pipe dimensions
and type and estimated fire flow, and any proposed easements,
p. Proposed road and traffic improvements to
existing or proposed city, county or state roads, including any traffic signal
installation or relocation, or proposed right-of-way dedications.
q. Open space areas, and all parcels or tracts
being dedicated or reserved as parks, playgrounds, streets, alleys, easements
or other public and semi-public uses, if any;
6. A floodplain development permit application,
if applicable;
7. A grading, fill, preload, and erosion
control plan, if applicable;
8. Letters from affected utility districts and
companies indicating whether or not they are able to serve the proposed
development, including any major improvements that may be required of the
developer;
9. A preliminary conceptual landscape plan,
identifying areas to be landscaped, general types of plant material to be used,
areas to be buffered or screened with landscaping, proposed berming and
contouring. These plans shall address the objectives stated under Section
16.28.050(B)(5);
10. Preliminary storm drainage plans, including
location of catch basins, drain pipes (and sizes) oil/water separators, and
grades of proposed roads, sidewalks, parking and loading areas, and detention
or retention areas. Preliminary drainage calculations shall be included with
these plans;
11. A master plan and schedule of construction
and proposed phasing of improvements if applicant intends to develop site in
phases.
12. Draft covenants and restrictions for the development
addressing the requirements under Section 16.28.050(B)(14).
B. Final Binding Site Plan Submittal Requirements.
The final binding site plan submittal shall include:
1. The original mylar drawing(s), one reproducible
copy, and twelve paper copies of eighteen inch by twenty-four inch map(s) of
the final binding site plan, prepared by a registered land surveyor of the
state of Washington, showing the same information as required for the
preliminary binding site plan under subsection (A) of this section, above,
modified to include:
a. All changes made pursuant to the conditions
of preliminary binding site plan review and approval,
b. A complete survey map with the following
information:
i. The lines and names of all streets or
other public ways, parks, playgrounds, and all easements to be dedicated for
public use, or for access, or for utilities within the binding site plan,
ii. Formal, irrevocable offers of dedication
to the public, or appropriate utility agency, of all of the above-described
rights-of-way or easements, and space for appropriate acknowledgements, endorsements
and certifications.
iii. Identification of all parcels or tracts to
be reserved in the deeds for common use of property owners within the binding
site plan area,
iv. Reference to covenants and restrictions recorded
with the final binding site plan, and attached to the deeds of all lots within
the development,
v. The lines and names of all existing or
platted streets or other public ways, parks, playgrounds, and easements
adjacent to the final binding site plan, including municipal boundaries,
township and range lines, and section lines,
vi. The lengths and bearings of all straight
lines, curb radii, arcs and semi-tangents of all curves,
vii. All dimensions along the lines of each lot,
with the bearings plus any other data necessary to the location of any lot
lines or corners in the field,
viii. Suitable primary control points, or descriptions
and ties to such control point, to which all dimensions, angles, bearings and
similar data given to the plat shall be referred,
ix. The name of all subdivisions immediately
adjacent thereof,
x. The date, north point, and scale,
xi. The boundary of the tract, with courses and
distances marked thereon, as determined by a field survey made by a registered
land surveyor of the state of
xii. A certificate from the county treasurer indicating
that all taxes on said property included in the binding site plan or dedication
have been paid,
xiii. A certificate from the city treasurer indicating
that all assessments on the subject have been paid,
xiv. Signature blocks for approval by the planning
director, city engineer, city building official, and the mayor, and date
thereof, when the development complies with all conditions;
2. A declaration by a registered land surveyor
shall be placed on the above binding site plan map and shall declare that the
boundaries of the land have been surveyed and monumented and that all distances
and bearings on the binding site plan are accurate, and the survey is
retraceable based on the subdivision of the section(s). The minimum standard of
work shall be as set forth in the most recently adopted Washington
Administrative Code establishing land surveying standards;
3. A copy of final covenants and restrictions,
and descriptions of common use tracts or easements, to be attached to the deeds
of all lots within the development;
4. Final approved landscape, irrigation and
maintenance plans;
5. Final approved storm drainage and grading
plans;
6. Compliance with the requirements of the utility
departments and companies as evidenced by letters of approval from same.
7. If required improvements have not been
completed, a preoccupancy condition, performance bond, cash security, or other
security shall be provided as per Section 16.28.030, and such condition shall
be stated on the final binding site plan map.
8. A notarized certificate signed by the contract purchaser or owner of record stating that the decision to finalize the binding site plan is their free act and deed, and that: “A binding site plan number and date of approval shall be included in all deeds and contracts.” (Ord. 1487-04 § 7 (part), 2004: Ord. 1450-03 § 2 (part), 2003)