|
|
Title 20
SUBDIVISIONSChapters:
20.02 General Provisions
20.04 Definitions
20.06 Subdivision and Short Subdivision Regulations
20.08 Subdivision and Short Subdivision Procedures
Chapter 20.02
GENERAL PROVISIONSSections:
20.02.010 Title.
20.02.020 Authority.
20.02.030 Purpose.
20.02.010 Title.
This title shall be known as the City of Woodinville subdivision code, hereafter referred to as “this title.” (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.02.020 Authority.
This title is adopted by City of Woodinville Ordinance No. 175, pursuant to Chapter 58.17 RCW. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.02.030 Purpose.
The intent of this section is to provide criteria, regulations and standards to govern the subdividing of land within the City and to:
(1) Promote the public health, safety and general welfare in accordance with standards established by the State and the City;
(2) Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services;
(3) Avoid congestion and promote safe and convenient travel by the public on streets and highways through the coordination of streets within a subdivision with existing and planned streets;
(4) Provide for adequate light and air;
(5) Provide for water, sewage, drainage, parks, and recreational areas, sites for schools and school grounds, and other public requirements;
(6) Provide for proper ingress and egress;
(7) Provide for the housing and commercial needs of the community;
(8) Require uniform monumenting of land divisions and conveyance of accurate legal descriptions;
(9) Protect environmentally sensitive areas; and
(10) Protect and preserve the community urban forest for its aesthetic, environmental and health benefits. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
Chapter 20.04
DEFINITIONSSections:
20.04.010 Purpose.
20.04.020 Access.
20.04.030 Access corridor.
20.04.040 Access (primary).
20.04.045 Appropriate provisions.
20.04.050 Binding site plan.
20.04.060 Block.
20.04.070 Condominium.
20.04.080 Dedication.
20.04.085 Director.
20.04.090 Driveway.
20.04.100 Final plat.
20.04.110 Grade (existing).
20.04.120 Line, property.
20.04.130 Line, setback.
20.04.140 Lot.
20.04.150 Lot of record.
20.04.160 Open space.
20.04.165 Planning Department.
20.04.170 Plat.
20.04.180 Preliminary plat.
20.04.190 Right-of-way.
20.04.200 Setback.
20.04.210 Short plat.
20.04.220 Short subdivision.
20.04.230 Street.
20.04.240 Street frontage.
20.04.250 Subdivision.
20.04.010 Purpose.
The purpose of this chapter is to set forth the meanings of words and phrases used in this title. (Ord. 175 § 3, 1997)
20.04.020 Access.
Access: ingress and egress to and from premises. This also means access to public way and general road system. (Ord. 175 § 3, 1997)
20.04.030 Access corridor.
Access corridor: a vehicle circulation area in private ownership, including easements, tracts and driveways in common ownership, over which access is afforded to more than one lot, or which serves more than 30 dwelling units in a multifamily development. Driveways serving a group of less than 30 dwelling units in multifamily developments shall not be considered access corridors. (Ord. 175 § 3, 1997)
20.04.040 Access (primary).
Access (primary): a principal entrance to a structure through which pedestrians enter during normal operating hours of the facility. (Ord. 175 § 3, 1997)
20.04.045 Appropriate provisions.
Appropriate provisions: the adequate and timely provision of public services and facilities to be utilized by the lots of a plat, including roads, access, potable water, sanitary waste, parks and open space, and playgrounds, consistent with level of service standards established by the City of Woodinville Comprehensive Plan. (Ord. 175 § 3, 1997)
20.04.050 Binding site plan.
Binding site plan: a drawing to a scale of no smaller than one inch to 100 feet which:
(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City of Woodinville; and
(3) Contains provisions making any development be in conformity with the site plan. (Ord. 175 § 3, 1997)
20.04.060 Block.
Block: a group of lots, tracts, or parcels within well defined and fixed boundaries. (Ord. 175 § 3, 1997)
20.04.070 Condominium.
Condominium: a type of property ownership consisting of an individual interest in an apartment or commercial building, and an undivided common interest in common areas such as parking area, elevators, etc. (Ord. 175 § 3, 1997)
20.04.080 Dedication.
Dedication: 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 plan or short plat showing the dedication thereon; and, in the acceptance by the public shall be evidenced by the approval of such plat. (Ord. 175 § 3, 1997)
20.04.085 Director.
Director: the Director of Planning and Community Development or his/her designees unless another department or agency is in charge of the project permit in which case it refers to the chief administrative officer of that department or agency. (Ord. 175 § 3, 1997)
20.04.090 Driveway.
Driveway: a vehicle entrance which serves a lot, structure or parking area. (Ord. 175 § 3, 1997)
20.04.100 Final plat.
Final plat: the final drawing of the subdivision and dedication prepared for filing for record with the King County Department of Records and Elections, and containing all elements and requirements set forth in this title. (Ord. 175 § 3, 1997)
20.04.110 Grade (existing).
Grade (existing): the elevation of the ground or site prior to any work being done or any changes being made to the ground or site. (Ord. 175 § 3, 1997)
20.04.120 Line, property.
Line, property: the line defining the extent of a lot in a given direction. (Ord. 175 § 3, 1997)
20.04.130 Line, setback.
Line, setback: a line beyond which, toward a property line, no structure may extend or be placed except as permitted by the regulations of this title. (Ord. 175 § 3, 1997)
20.04.140 Lot.
Lot: a specifically described parcel of land with lines defining the extent of the lot in a given direction which is intended to be conveyed in its entirety. A lot may be a lot of record, more than one lot of record or portion of a lot of record. (Ord. 175 § 3, 1997)
20.04.150 Lot of record.
Lot of record: a lot created by a recorded subdivision or short subdivision or a lot that is otherwise legally created on March 31, 1993, the effective date of the Woodinville Municipal Code (WMC). (Ord. 175 § 3, 1997)
20.04.160 Open space.
Open space: open land for conservation of natural features, provision of visual amenity and for recreational use. It is land which is retained in or restored to a condition where nature predominates, and is substantially free of structures, impervious surface, and other land altering activities of man’s built environment. (Ord. 175 § 3, 1997)
20.04.165 Planning Department.
Planning Department: the City of Woodinville Department of Planning and Community Development. (Ord. 175 § 3, 1997)
20.04.170 Plat.
Plat: 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. (Ord. 175 § 3, 1997)
20.04.180 Preliminary plat.
Preliminary plat: 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 the WMC. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 175 § 3, 1997)
20.04.190 Right-of-way.
Right-of-way: the land owned by a public agency and used or planned to be used as a public thoroughfare. (Ord. 175 § 3, 1997)
20.04.200 Setback.
Setback: the distance between a property line and the corresponding parallel setback line. (Ord. 175 § 3, 1997)
20.04.210 Short plat.
Short plat: the map or representation of a short subdivision. (Ord. 175 § 3, 1997)
20.04.220 Short subdivision.
Short subdivision: the division or redivision of land, creating four or fewer lots. (Ord. 175 § 3, 1997)
20.04.230 Street.
Street: any thoroughfare which affords the principal means of access to abutting properties, access corridors, or driveways, which has been dedicated or deeded to the public for public use. (Ord. 175 § 3, 1997)
20.04.240 Street frontage.
Street frontage: the length along a street upon which a structure, business, or lot is abutting or fronts. (Ord. 175 § 3, 1997)
20.04.250 Subdivision.
Subdivision: the division of land, creating five or more lots. (Ord. 175 § 3, 1997)
Chapter 20.06
SUBDIVISION AND SHORT SUBDIVISION REGULATIONSSections:
20.06.010 Purpose.
20.06.020 Review and approval criteria.
20.06.030 Subdivision names.
20.06.040 Lot standards.
20.06.050 Exceptions to lot standards.
20.06.055 Incentives for flexible lot standards for large subdivisions.
20.06.060 Easements.
20.06.070 Water supply.
20.06.080 Sewage disposal.
20.06.090 Storm drainage.
20.06.100 Watercourses.
20.06.110 Underground utilities.
20.06.120 Water and sewer standards.
20.06.130 Street standards.
20.06.140 Street right-of-way and pavement widths.
20.06.150 Street lights.
20.06.160 Monuments.
20.06.170 On-site recreation and trail corridors.
20.06.175 Tree preservation and protection.
20.06.180 Public accessways.
20.06.190 Clearing and grading.
20.06.200 Improvements – Completion or guarantee.
20.06.210 Improvements – Security for performance and warranty.
20.06.220 Improvements – Construction.
20.06.230 Survey required.
20.06.010 Purpose.
The purpose of this chapter is to set forth the criteria, standards and requirements for the review and approval of subdivision and short subdivision. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.020 Review and approval criteria.
(1) Each proposed subdivision or short subdivision shall be reviewed to ensure that:
(a) The proposal conforms to the goals, policies, criteria and plans set forth in the City of Woodinville Comprehensive Plan, community urban forestry plan, and parks, recreation, and open space plan;
(b) The proposal conforms to the development standards set forth in WMC Title 21, Zoning;
(c) The proposal conforms to the requirements of this section and those set forth in this chapter and WMC 17.09.020;
(d) The proposed street system conforms to the City of Woodinville public infrastructure standards and specifications and neighborhood street plans, and is laid out in such a manner as to provide for the safe, orderly and efficient circulation of traffic;
(e) The proposed subdivision or short subdivision will be adequately served with City-approved water and sewer, and other utilities appropriate to the nature of the subdivision or short subdivision;
(f) The layout of lots, and their size and dimensions, take into account topography and vegetation on the site in order that buildings may be reasonably sited, and that the least disruption of the site, topography, trees and vegetation will result from development of the lots;
(g) Identified hazards and limitations to development have been considered in the design of streets and lot layout to assure street and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected;
(h) Safe walk to school procedures, as established by the city, have been met;
(i) Tree preservation has been considered in accordance with the community urban forestry plan and tree preservation requirements have been adequately met.
(2) Lack of compliance with the criteria set forth in subsection (1) of this section shall be grounds for denial of a proposed subdivision or short subdivision, or for the issuance of conditions necessary to more fully satisfy the criteria.
(3) No final plat or short subdivision shall be approved unless:
(a) The final plat or short subdivision is in substantial conformance with the provisions for the preliminary approval, including any conditions imposed as part of the approval.
(b) The final plat or short subdivision contains a dedication to the public of all common improvements, including but not limited to streets, roads, sewage disposal and water supply systems which were a condition of approval.
(c) All common improvements required as conditions of approval of the proposed subdivision or short subdivision have been referenced on the final plat or short subdivision.
(d) City-approved water and sewer facilities shall be available to each lot created by the division of land.
(e) The final plat or short subdivision is in compliance with the provisions of Chapter 21.24 WMC, Development Standards – Critical Areas, and Chapter 21.28 WMC, Development Standards – Adequacy of Public Facilities and Services.
(f) The applicant provides evidence of an adequate water supply for the intended use.
(g) Except when a cash deposit or assignment of funds for the construction of certain improvements has been approved pursuant to subsection (3)(h) of this section, all required improvements, public or private, have been constructed or installed in accord and with the provisions of this chapter and the requirements of the approved preliminary plat, subject to inspection and approval by the Public Works Director.
(h) The applicant may be allowed to submit a cash deposit or an assignment of funds acceptable to the City in lieu of actually installing or constructing certain of the required improvements meeting the description in criteria (3)(h)(i), (ii) or (iii) of this section and subject to written approval by both the Public Works Director and Planning Director. Their decision shall consider all of the following criteria:
(i) Minor items of the required improvements need to be completed such as the final lift of asphalt pavement and/or landscaping; or
(ii) The City and/or other public agency’s capital project needs to be completed ahead of the required improvements to allow for logical sequence of construction to prevent damage or disruption to the improvements being made; or
(iii) Constructing the required improvements prior to plat approval will create an unnecessary and unusual hardship to the applicant that is not self-created; and
(iv) The need for the cash deposit or assignment of funds is not the result of deliberate actions of the applicant; and
(v) The public health, safety, and welfare are not endangered by allowing the plat to be approved without the required improvements being completed.
(4) When the Planning Director finds that the final plat or short subdivision is in substantial conformity to the preliminary approval, he or she shall endorse his or her approval on the final plat or short subdivision and shall implement the final approval and recording procedures set forth in Chapter 20.08 WMC, Subdivision and Short Subdivision Procedures, and WMC Title 17. (Ord. 465 § 5, 2008; Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.030 Subdivision names.
No subdivision shall be approved which bears a name using a word which is the same as, similar to or pronounced the same as a word in the name of any other subdivision in the county, except for the words “town,” “city,” “place,” “court,” “addition,” “acres,” “heights,” “villa,” or similar words, unless the land so divided is contiguous to the subdivision bearing the same name. All plats must continue the block numbers of the plat of the same name last filed. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.040 Lot standards.
(1) Suitability for Intended Use. All lots shall be suitable for the general purpose for which they are intended to be used. No lot shall be of such size or design as to be detrimental to the health, safety or sanitary needs of the residents of the subdivision or such lot.
(2) Lots shall be created by following the procedures of Chapter 20.08 WMC, Subdivision and Short Subdivision Procedures, and WMC Title 17.
(3) No lot shall be established which is in violation of the Woodinville Municipal Code.
(4) Lot Shapes. Lot shapes shall be designed to avoid awkward configuration or appendages.
(5) Width – Area – Frontage. Each lot shall have sufficient width, area and frontage to comply with the minimum site requirements as set forth in Chapter 21.12 WMC, Development Standards – Density and Dimensions.
(6) Depth. Each lot should have an average depth between the front and rear lot lines of not less than one-foot depth for each one foot of width.
(7) Front Lot Line. For corner lots, double frontage lots, and single frontage lots, the front lot line shall be the property line(s) separating the lot from a street or vehicle access corridor.
(8) Side Lot Lines. As much as possible, where topography and natural features permit, side lot lines should run at right angles to the street upon which the lot faces, except that on curved streets they shall be radial to the curve.
(9) Building Setback Lines. Where watercourses, topography, geology and soils, vegetation, utilities, lot configuration, or other unique circumstances dictate a different building envelope than that set by Chapter 21.12 WMC, Development Standards – Density and Dimensions, building setback lines may be required to be shown on the final plat or short subdivision map and observed in the development of the lot.
(10) Future Subdivision of Lots. Where the subdivision or short subdivision will result in a lot one-half acre or larger in size which is likely to be further divided in the future, it may be required that the location of lot lines and other details of layout be such that future division may readily be made without violating the requirements of this section and without interfering with orderly extension and connection of adjacent streets. It is intended that the lot lines and other details of future subdivision be advisory only, and shall not be final or binding on the applicant unless he makes further application; however, any restriction of buildings within future street locations may be imposed and may require such restrictions to be set forth on the final plat or short subdivision. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.050 Exceptions to lot standards.
(1) Cluster – Zero Lot Line – Townhouse Development. The relaxation of building setbacks, lot size and lot frontage requirements as set forth in Chapter 21.12 WMC, Development Standards – Density and Dimensions, and WMC 20.06.040, Lot Standards, may be authorized for a subdivision developed in compliance with Chapter 21.14 WMC, Development Standards – Design Requirements. Such authorization shall only occur where the applicant presents a plan whereby the entire subdivision will be designed and developed with provision for proper maintenance of recreation facilities and open space which will be commonly available for use of the residents of the subdivision and which will be of such benefit to said residents as is equal to that which would be derived from observance of the size and frontage requirements otherwise specified. The relation of said requirements shall not violate the purpose and criteria set forth in WMC 20.02.030, Purpose, and 20.06.020, Review and Approval Criteria, respectively.
(2) Temporary Parcel. Parcels smaller than permitted by the Woodinville Municipal Code may be temporarily created if they are subsequently merged in title with an adjacent parcel to create a lot that complies with the Woodinville Municipal Code.
(3) Eminent Domain. Parcels smaller than otherwise permitted by the Woodinville Municipal Code may be created through the action of governmental agencies including the City of Woodinville by such actions as eminent domain and the splitting of a parcel by dedicated right-of-way. Wherever possible, such parcels shall be merged in title with adjacent lots to create lots in compliance with the Woodinville Municipal Code.
(4) Substandard Lots. A lot of record created prior to the effective date of the Woodinville Municipal Code that does not meet the minimum area or dimensional requirements of the land use district in which located shall be considered a conforming lot of record if the following requirements are met: there must be no adjoining lots of record of continuous boundary in the same ownership to which the substandard lot can be merged in title or with which the lot lines can be adjusted to create lots of record which would comply with the Woodinville Municipal Code.
(5) Lots for Building Pads. In industrial, business and multiple residential zones, lots with boundaries coterminous or nearly so with building walls may be created. The standards that normally would apply to such lots shall apply instead to the project tract of which such lots are a part. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.055 Incentives for flexible lot standards for large subdivisions.
(1) For the purpose of this section, large subdivisions shall be defined as the subdivision of a single parcel over five acres.
(2) Large subdivisions that provide any of the following elements in a creative site design may be subject to the bonus incentives as defined in the right column.
(3) Use of all incentives are subject to approval by the City of Woodinville Planning Director.
Creative Element
Allowed Incentive(s)
1. Rehabilitation, protection and integration of environmental features such as greenbelts, streams, wetlands, or steep slopes beyond the requirements of Chapter 21.24 WMC.
Bonus density of one unit for every acre of feature or 200 linear feet of feature.
2. Innovative blending of open space areas with residential lots to increase amount of visual or actual access to open space per lot.
Reduction of up to 50 percent of one required setback per structure allotted additional access
or
Reduction of required internal street widths to 28 feet if on-street parking is required or 20 feet if not.
3. Providing connections to public transit in the form of transit stops, park and rides, or other transit related feature.
See WMC 21.34.040(6)(e).
4. Allowing for office/work space within homes. Work spaces must include separate entrances. (Pursuant to the City’s home occupation and/or home industry permit requirements – see WMC 21.30.040 and 21.30.050.)
Bonus of one unit for every five offices provided.
5. Enhancement of views of the Sammamish Valley or Mount Rainier.
Reduction of setbacks as necessary to retain views, subject to the conditions in WMC 21.14.030.
6. Integration of recreation amenities in excess of the minimum open space requirements of WMC 21.14.180.
See WMC 21.34.040(6)(b).
7. Locating garages to the rear half of residential lots.
Elimination of rear setback requirements for garages accessed from rear alleyways
or
Reduction up to 50 percent of side setback requirement for garages located on the side.
8. Active or passive solar energy systems.
See WMC 21.34.040(6)(d).
9. Superior pedestrian-oriented design and access to amenities.
Reduction of required internal street widths to 28 feet if on-street parking is required or 20 feet if not.
(Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.060 Easements.
(1) Public easements for the construction and maintenance of utilities and public facilities shall be granted to provide and maintain adequate utility service to each lot and adjacent lands. The widths of the public easements shall be the minimum necessary as determined by the utility, unless the Director determines a smaller or larger width is appropriate based on site conditions. Whenever possible, public easement shall be combined with driveways, pedestrian accessways and other utility easements.
(2) Private easements for the construction and maintenance of utilities within the subdivision or short subdivision shall be granted so that individual lots gain access to public facilities. The widths of the private easements shall be the minimum necessary as determined by the utility, unless the Director determines a larger width is appropriate based on the site conditions.
(3) When there is a need to use a stream for storm water control purposes, public improvement and maintenance easements at least 20 feet wide shall be provided for storm drainage. When possible, said easements shall be located along the centerlines of such facilities. Public improvement and maintenance easements for creeks and other watercourses shall be provided and shall extend 25 feet in each direction from the waterway centerline or 10 feet from the top of a recognizable bank, whichever is greater. Such easements shall be of a width sufficient to allow both initial improvements and future maintenance operations. Larger widths may be required where necessary.
(4) Native growth and protection easements (NGPE) shall be granted as deemed appropriate by the Director where the preservation of native vegetation benefits the public health, safety and welfare, including control of surface water and erosion, maintenance or slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE shall impose upon all present and future owners and occupiers of land subject to the easement the obligation, enforceable on behalf of the public by the City of Woodinville, to leave undisturbed all trees and other vegetation within the easement, except that are required for future construction of multi-purpose trails and Director-approved utilities. The vegetation within the easement may not be cut, pruned, covered by fill, removed, damaged or enhanced without express written permission from the City of Woodinville.
(5) Easements for utility mains or lines shall be held to prohibit the placement of any building on or over the easement, but shall not preclude landscaping of an appropriate variety as determined by the City. The City encourages the use of an easement for more than one utility or vehicle and pedestrian access provided the Director finds the multi-use appropriate. Restoration shall be required of the site following any excavation or other disturbance permitted by the easement.
(6) Easements required by this section shall be granted by the terms and conditions of such easements being shown on the final plat or short subdivision or by separate instrument.
(7) Areas used as regional utility corridors shall be contained in tracts separate from the lots, but sharing of tracts among utilities encouraged. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.070 Water supply.
All lots shall be served by a water system approved by the City of Woodinville and the Woodinville Water District or local purveyor. Any common water system serving more than one lot shall be provided by the applicant and dedicated to the appropriate water purveyor. Water distribution systems shall be designed and constructed according to all applicable provisions of the Woodinville Municipal Code, the standards and specifications of the water purveyor and the applicable rules and regulations of the State. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.080 Sewage disposal.
(1) All lots shall be served by the sanitary sewer system as approved by the City of Woodinville and the Woodinville Water District or local purveyor, or on-site sewage disposal system approved by the City of Woodinville and the King County Department of Public Health. Except for private side sewers, any common sanitary sewer system serving more than one lot shall be provided by the applicant and dedicated to the appropriate sanitary sewage disposal service purveyor. Such sewer systems shall be designed and constructed according to all applicable provisions of the Woodinville Municipal Code and the standards and specifications of the service purveyor.
(2) Developments on lots less than one acre per unit must hook up to the municipal sewer system if the system is within 330 feet of a proposed development. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.090 Storm drainage.
(1) All lots shall be provided with adequate storm drainage connected to the storm drainage system of the City or other system approved by the City.
(2) Where a public street is to be dedicated or improved by the applicant as a condition of preliminary approval, the applicant shall provide and dedicate any required storm drainage system in the street.
(3) When appropriate, storm drainage facilities shall include suitable on-site detention and/or retention facilities.
(4) Storm drainage shall be provided in accordance with Chapter 14.09 WMC and standards and specifications approved by the City.
(5) Easements shall be dedicated as provided in WMC 20.06.060. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.100 Watercourses.
When required by the City, the developer of a subdivision shall enhance any major or minor watercourse which traverses or abuts the subdivision in accordance with the specifications and standards approved by the City. Any required watercourse easements shall be dedicated as provided in WMC 20.06.060, Easements. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.110 Underground utilities.
All permanent utility service to lots shall be provided from underground facilities as set forth in the Woodinville Municipal Code regulating underground wiring. The applicant shall be responsible for complying with the requirements of this section, and shall make all necessary arrangements with the utility companies and other persons or corporations affected by installation of such underground facilities in accordance with the rules and regulations of the Public Utility Commissioner of the State of Washington. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.120 Water and sewer standards.
(1) Design Standards. All City water and sewer facilities shall be designed in compliance with the “Design Requirements Water and Sewer System Extensions” document available from the Department of Planning and Community Development or appropriate water and sewer purveyor.
(2) Construction Standards. All City water and sewer facilities shall be constructed in compliance with the standards and specifications available from the Department of Planning and Community Development or appropriate water and sewer purveyor. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.130 Street standards.
(1) All street improvements, grades and design shall comply with standard regulations and specifications as set forth in Chapter 12.09 WMC.
(2) When required by the City to mitigate anticipated impacts of a new subdivision or short plat, the developer shall incorporate features into the layout of the street circulation system to minimize cut-through traffic of the proposed development and/or surrounding neighborhoods.
(3) This section does not apply to trails or pedestrian walkways not located in the public right-of-way.
(4) Proposed single-access subdivision streets ending in cul-de-sacs, hammerheads or loop roads shall not exceed 990 lineal feet in length from the access point of the new subdivision and serve more than 75 proposed dwelling units unless a connection can be established to a second access right-of-way. (Ord. 379 § 6, 2004; Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.140 Street right-of-way and pavement widths.
(1) The street right-of-way in or along the boundary of a subdivision shall conform to the provisions set forth in Chapter 12.09 WMC.
(2) When subdivision or an area within a subdivision is set aside for commercial or industrial uses, or where probable future conditions warrant, greater widths than those provided in subsection (1) of this section, may be required.
(3) Where topographical requirements necessitate either cuts or fills for the proper grading of the streets, additional right-of-way widths or slope easements may be required. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.150 Street lights.
All subdivisions shall include underground electric service, light standards, wiring and lamps for street lights according to City adopted standards for underground wiring and the specifications and standard set forth in Chapter 12.09 WMC. The subdivider shall install such facilities and make the necessary arrangements with the serving electric utility. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.160 Monuments.
(1) Permanent survey control monuments shall be provided for all final plats and short plats at:
(a) All controlling corners on the boundaries of the subdivision or short subdivision;
(b) The intersection of centerlines of roads within the subdivision or short subdivision; and
(c) The beginning and ends of curves on centerlines or points of intersections on tangents.
(i) Permanent survey control monuments shall be the standard concrete monuments as required by King County or City-approved equivalent. Permanent survey control monuments within a street shall be marked by a two-inch diameter by 24-inch-long galvanized iron pipe with a cap identifying the surveyor or survey company that placed the monument and shall be set after the street is paved. Every lot corner shall be marked by rebar at least one-half-inch diameter by 24 inches long with a cap identifying the surveyor or survey company that placed the monument. Said pipe or City-approved equivalent shall be driven into the ground. If any land in a subdivision or short subdivision is contiguous to a meandered body of water, the meander line shall be re-established and shown on the final plat or short plat. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.170 On-site recreation and trail corridors.
All subdivisions shall provide on-site recreation and trail corridors in compliance with applicable provisions of Chapter 21.14 WMC, Development Standards – Design Requirements. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.175 Tree preservation and protection.
All subdivisions and short subdivisions shall provide tree preservation and protection in accordance with Chapter 21.16 WMC. A tree plan shall be part of the preliminary plat or short plat submittal requirements and approved prior to preliminary or short plat approval. (Ord. 239 § 1, 1999)
20.06.180 Public accessways.
(1) When necessary for public convenience or safety, the developer shall improve and dedicate to the public accessways to connect to cul-de-sac streets, to pass through oddly shaped or unusually long blocks, to provide for networks of public paths creating access to schools, parks, shopping centers, transit stops, trails, or other community services.
(2) The accessway shall be of such design, width and location as reasonably may be required to facilitate public use and shall comply with WMC 21.18.100 regulating walkways, sidewalks, and trails as well as any other specifications and standards of the City. Where possible, said dedications may also accommodate utility easements and facilities. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.190 Clearing and grading.
All clearing and grading shall be conducted in compliance with the provisions set forth in the Woodinville Municipal Code applicable to clearing and grading. No clearing or grading shall occur prior to approval of tree preservation and protection measures. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.200 Improvements – Completion or guarantee.
The applicant shall complete the required improvements before final approval of the plat and shall financially guarantee installation thereof as set forth in WMC 20.06.210, Improvements – Security for performance and warranty, prior to construction. The applicant may be allowed to submit a cash deposit or assignment of funds for items not completed at the time of approval of the plat, only as set forth in WMC 20.06.020(3)(h). The cash deposit or assignment of funds shall identify the improvements, name the date the improvements are to be completed, and be of a form and substance subject to the approval of the above Directors. (Ord. 465 § 6, 2008; Ord. 379 § 7, 2004; Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.210 Improvements – Security for performance and warranty.
(1) Prior to actual construction of required improvements, the subdivider shall provide a guarantee in a form approved by the City Attorney and in an amount to be determined by the Planning Director (landscape, critical areas, etc.) and Public Works Director (on- and off-site improvements, drainage, lighting, etc.) sufficient to guarantee actual construction and installation of such improvements prior to final plat or short plat approval and issuance of a certificate of occupancy. The guarantee shall only be released to the applicant upon written approval by the Planning Director and Public Works Director. A schedule for the release of funds shall be approved by the Planning Director and Public Works Director prior to authorization to proceed with construction. In such case where the applicant fails to complete the infrastructure work by the deadline provided herein, the City shall have the option of attaching the guarantee to ameliorate any outstanding environmental concerns at the project site and/or to complete the project. The amount of the guarantee for completion shall not be less than 150 percent of the estimate of the cost of such improvements, but the Director may set a higher percentage based upon the complexity of the project. In addition, before acceptance by the City of the improvements, the subdivider shall complete the project closeout requirements and file a maintenance and defect guarantee in a form approved by the City Attorney and in an amount to be determined by the Planning Director and Public Works Director guaranteeing the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping by the City. The City shall withhold acceptance of the improvements until any required security for completion and the required guarantee for maintenance are filed.
(2) The City Permits Center Director/Building Official may enforce the assignment of funds guarantee or other security required by this section according to their terms, pursuant to any and all legal and equitable remedies. In addition, any guarantee or other security filed pursuant to this section shall be subject to enforcement in the following manner:
(a) In the event the improvements are not completed as required, or warranty is not performed satisfactorily, the Permits Center Director/Building Official City shall notify the property owner and the guarantor in writing, which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.
(b) In the event repairs or warranty are not completed as specified in the notice referred to in subsection (2)(a) of this section by the specified time, the City Permits Center Director/Building Official may proceed to repair the defect or perform the warranty by either force account, using City forces, or by private contractor. Upon completion of the repairs or maintenance, the cost thereof, plus interest at 12 percent per annum, shall be due and owing to the City from the owner and guarantor as a joint and several obligation. In the event the City is required to bring suit to enforce maintenance, the subdivider and guarantor shall be responsible for any costs and attorneys’ fees incurred by the City as a result of the action.
In the event that the guarantee is in the form of an assignment of funds or cash deposit with the City, the City may deduct all costs set forth in this section from the assignment of funds or cash on deposit and the subdivider shall be required to replenish the same for the duration of the guaranty period. (Ord. 465 § 7, 2008; Ord. 379 § 7, 2004; Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.220 Improvements – Construction.
Construction of subdivision improvements prior to final plat or short plat approval or subsequent to final plat approval is required subject to WMC 20.06.200 and shall proceed as follows:
(1) Complete construction drawings, specifications and related material shall be submitted to the City Permits Center Director/Building Official for approval prior to the commencement of construction. The submitted drawings and specifications shall be designed and certified by a registered civil engineer. Construction drawings shall be in conformance with the conditions, if any, of preliminary plat or short plat approval and applicable City standards.
(2) Construction of improvements shall not be initiated without authorization of the City Engineer. The City Engineer shall authorize the subdivider to proceed with construction after approval of the construction drawings and specifications by the appropriate City department. The City Engineer may grant approval on condition additions or changes are made in the drawings or specifications, or on the inclusion or implementation of mitigating measures necessary to minimize the impacts of the construction on the environment. Conditions required to minimize environmental impacts shall conform with the requirements of WMC regarding environmental impact procedures.
(3) Any changes to the construction drawings or specifications involving design of the improvements shall first be reviewed and approved by the City Engineer and the appropriate City department.
(4) City Tree Official approved tree protection measures shall be installed and inspected prior to beginning any construction activities. Damage to any preserved tree shall result in replacement, pursuant to WMC 21.16.130 and 21.16.170, of the damaged tree to equal the number of tree credits lost as a result of the damage. After construction activities are completed, the applicant shall provide an inspection report prepared by a certified arborist of the condition of the preserved trees.
(5) Construction of the improvements shall proceed as shown in the construction drawings and specifications. Construction inspection shall proceed under the supervision of a registered civil engineer. The City Engineer or his designee shall inspect construction progress on a regular basis to review compliance with construction plans and required standards.
(6) After the completion of construction in accordance with the approved plans and specifications, as-built drawings showing the improvements as constructed shall be certified as true and complete by a registered civil engineer. The certified as-built drawings on reproducible Mylar shall be submitted to the City Permits Center Director/Building Official. When a final plat is involved, the certified as-built drawings are required to be submitted prior to the acceptance of the subdivision improvements and approval of the plat or proper administrative authority for short plats by the City Council. (Ord. 465 § 8, 2008; Ord. 379 § 7, 2004; Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
20.06.230 Survey required.
The survey of every proposed subdivision or short subdivision shall be made by or under the supervision of a registered land surveyor. All surveys shall conform to standard practices and principles for land surveying as set forth in the laws of the State of Washington and the submittal requirements checklist as developed by the Director. Subdivision control and staking traverses shall close within an error of one foot in 5,000 feet for residential and subdivision lots, and one foot in 10,000 feet for commercial and industrial development. Primary survey control points shall be referenced to section corners and monuments. (Ord. 239 § 1, 1999; Ord. 175 § 3, 1997)
Chapter 20.08
SUBDIVISION AND SHORT
SUBDIVISION PROCEDURESSections:
20.08.010 Purpose.
20.08.020 General provisions.
20.08.030 Preliminary plat review.
20.08.040 Final plat.
20.08.050 Subdivision vacation.
20.08.060 Subdivision alteration.
20.08.070 Short subdivision review.
20.08.080 Final plat and short plat corrections and boundary line adjustments.
20.08.090 Divisions requiring binding site plans.
20.08.010 Purpose.
The purpose of this chapter is to identify processes to accomplish the orderly development of land within the City, and to provide for the expeditious review and approval of proposed land divisions which comply with this section, other City land use regulations and standards, and Chapter 58.17 RCW, Plats – Subdivisions – Dedications. (Ord. 175 § 3, 1997)
20.08.020 General provisions.
(1) Applicability. All divisions or redivisions of land into lots, tracts, parcels, sites or division for the purpose of sale, lease or transfer of ownership shall comply with the provisions of State law and the Woodinville Municipal Code (WMC). All contiguous parcels of land, regardless of date of acquisition or location in different lots, tracts, parcels, tax lots or separate government lots, that are to be subdivided shall constitute a single subdivision or short subdivision action. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this chapter.
(2) Exceptions. The provisions of this section shall not apply to:
(a) Cemeteries and burial plats;
(b) Divisions made by testamentary provisions, or the laws of descent;
(c) Division for sale or lease of commercial or industrially zoned property; provided a binding site plan has been approved and recorded;
(d) Divisions for purposes of lease when no residential structure other than mobile homes or travel trailers are permitted, provided a binding site plan has been approved and recorded;
(e) A division made under the provisions of WMC 20.08.080 for the purposes of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and
(f) A division made under the provisions of the Horizontal Properties Regimes Act (Chapter 64.32 RCW); provided a binding site plan has been approved.
(3) Subdivisions Processed Simultaneously. Unless the applicant requests otherwise, a subdivision or short subdivision application shall be processed simultaneously with application for variances, conditional uses, street vacations, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing, and subject to WMC 17.07.020.
(4) Deviation from Requirements. Subdivision and short subdivision development requirements may be modified by the director only upon a showing by the applicant that the criteria of WMC 21.44.040, Variance, can be complied with. Deviations shall not be allowed on the basis of economic hardship. A request by the applicant must be attached to the application and shall be processed in conjunction with the application. Action taken by an approval authority on the request shall be entered into the record. (Ord. 175 § 3, 1997)
20.08.030 Preliminary plat review.
(1) Application Submittal. Whenever it is proposed to subdivide land into five or more lots, tracts, parcels, sites or divisions, the applicant shall file with the Planning Department a preliminary plat application packet in conformance with WMC 17.09.020.
(2) Public Notice. Notice of the public hearing shall be provided in compliance with Chapter 17.11 WMC.
(3) Public Hearing and Public Hearing Record. Upon completion of the public hearing notice period, the Hearing Examiner shall hold a public hearing to receive all relevant evidence to determine whether to approve, approve with conditions or deny the preliminary plat, in accordance with Chapter 17.15 WMC.
(4) Criteria. As a basis for approval, approval with conditions or disapproval of a preliminary plat, the Hearing Examiner shall determine if appropriate provisions have been made for, but not limited to, the purpose and criteria set forth in Chapter 20.06 WMC, Subdivision and Short Subdivision Regulations.
(5) Decisions by the Hearing Examiner. The final decision made by the Hearing Examiner shall be given the effect of an administrative decision and shall be provided in compliance with the provisions of Chapter 17.15 WMC. The decision may be appealed to the City Council in compliance with Chapter 17.17 WMC. If the decision is appealed, the appeal shall stay the running of the 90-day time period defined below in subsection (8), Time Limits, below.
(6) The Hearing Examiner shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and schoolgrounds.
(7) Effect of Preliminary Plat Approval. Approval of the preliminary plat shall constitute authorization for the applicant to develop the subdivision facilities and improvements in strict accordance with the plans and specifications as approved by the City subject to any conditions imposed by the Hearing Examiner.
(8) Time Limits.
(a) Approval within 90 Days. A preliminary plat shall be approved, approved with conditions, disapproved or returned to the applicant for modification or correction within 90 days from the date of filing of a complete application and completion of all required improvements unless the applicant agrees to an extension of the time period in writing; provided, should an environmental impact statement (EIS) be required per RCW 43.21C.030, Guidelines for State Agencies, Local Governments, the 90-day period shall not include the time spent in preparing and circulating the EIS by the City. A preliminary plat application shall not be deemed “complete” until all of the preliminary plat application submittal requirements of the City’s checklist have been submitted, pursuant to WMC 17.09.020.
(b) Limitation on Approval. Final approval must be acquired within five years of preliminary approval, after which time the preliminary subdivision approval is void. An extension may be granted by the Hearing Examiner for one year if the applicant has attempted in good faith to submit the final plat within the five-year time period; provided, however, the applicant must file a written request with the Hearing Examiner requesting the extension at least 30 days before expiration of the five-year period. (Ord. 465 § 9, 2008; Ord. 175 § 3, 1997)
20.08.040 Final plat.
(1) Application Submittal. The final plat application packet shall include the application, documents, certification, survey data, and demonstration that the required infrastructure has been constructed and/or any approved security for completion of required improvements at a later date.
(2) Review – Time Limits. Final plat shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of filing unless the applicant consents to an extension of such time period.
(3) Review – Director of Public Works. The Director of Public Works or a licensed professional engineer acting on behalf of the City shall review the survey data, layout of lot lines, streets, alleys and other rights-of-way, design of bridges, and utility systems improvements including storm drainage, water and sanitary sewer. The Director of Public Works or other professional engineer acting on behalf of the City shall convey his findings to the City Council. Prior to approval, the engineer shall assure that:
(a) The proposed final plat meets all standards established by State law and this section relating to the final plat’s drawings and subdivision improvements;
(b) The proposed final plat bears the certificates and statements of approval required by this section;
(c) Current title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final plat;
(d) The legal description of the plat boundary on the current title insurance report agrees with the legal description on the final plat;
(e) The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided a security in an amount and with securities commensurate with the improvements such as landscaping or final lift or asphalt paving remaining to be completed, securing to the City the construction and installation of the improvements;
(f) The surveyor has certified that all survey monument lot corners are in place and visible.
(4) Review – City Council. The City Council shall review the final plat as follows:
(a) At a public meeting, the City Council shall, pursuant to WMC 17.07.030, determine whether the subdivision proposed for final subdivision approval conforms to all terms of preliminary approval, and whether the subdivision meets the requirements of Chapter 20.06 WMC, applicable State laws and all other local ordinances adopted by the City which were in effect at the time of preliminary approval.
(b) If the conditions have been met, the City Council shall authorize the Mayor to inscribe and execute the written approval on the face of the plat map. If the City Council disapproves the plat, it will be returned to the applicant with reasons for denial and conditions for compliance.
(c) The City Council shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds.
(5) Recording. All final plats shall be recorded in compliance with the following:
(a) Recording Required. No final plat shall be recorded unless approved by the City Council. The original of an approved final plat shall be filed for record with the County Auditor.
(b) Fees and Recording Procedure. Prior to recording, the applicant shall submit the original final plat drawings to the Planning Department together with the plat checking fees and performance bond(s). After the City has approved said drawings, the applicant shall submit the City-approved original final plat drawings to the County Auditor together with the recording fees. (Ord. 465 § 10, 2008; Ord. 175 § 3, 1997)
20.08.050 Subdivision vacation.
Any person interested in the vacation of any subdivision, or part of a subdivision, or area dedicated for public use shall file an application for vacation with the Planning Department. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion to be vacated. If the subdivision is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation.
Subdivision vacation are subject to Type V requirements of WMC Title 17. The hearing body shall conduct a public hearing on the application for a vacation, and the City Council may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the approval authority adopts written findings that the public use would not be served in retaining title to those lands. Title to vacated property shall be governed by Chapter 58.17 RCW, Plats – Subdivision Dedications. (Ord. 175 § 3, 1997)
20.08.060 Subdivision alteration.
Any person interested in the alteration or modification of any subdivision, except as provided in WMC 20.08.080, Final plat and short plat corrections and boundary line adjustments, shall submit a Type III application for the alteration to the Planning Department, pursuant to WMC 17.07.030. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered and other application submittal materials as required. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration.
The hearing body shall conduct a public hearing on the application for alteration, subject to the provisions of Chapters 17.11 and 17.15 WMC, and may approve or deny the application for alteration of the subdivision after determining the public use and interest to be served. After approval of the alteration, the applicant shall submit to the City a revised drawing of the approved alteration of the subdivision, which after signature of the approving authority shall be filed with the County Auditor to become the lawful plat of the property. The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. (Ord. 175 § 3, 1997)
20.08.070 Short subdivision review.
(1) Application Submittal. Whenever it is proposed to subdivide land into four or fewer lots, tracts, parcels, sites or division, the applicant shall file with the Planning Department a short subdivision application packet in compliance with the requirements as set forth in WMC 17.09.020 and Chapter 20.06 WMC, Subdivision and Short Subdivision Regulations.
(2) Public Notice. Notice of the filing of the short subdivision application shall be provided in compliance with Chapter 17.09 WMC and RCW 58.17.155, Short Subdivision Adjacent to State Highway – Notice to Department of Transportation.
(3) Criteria. As a basis for approval, approval with conditions or disapproval of a short subdivision, the Planning Director shall determine if appropriate provisions have been made for but not limited to the purpose and criteria set forth in Chapter 20.06 WMC, Subdivision and Short Subdivision Regulations.
(a) Approval. Within 30 days of the date of filing the application for a short subdivision, unless an extension is granted in writing by the applicant, the applicant shall be notified in writing of one of the following:
(i) That the final approval has been granted;
(ii) That tentative approval has been granted;
(iii) That the application is returned due to certain omissions, problems, deficiencies, or noncompliance with short plat requirements; or
(iv) That the application has been disapproved.
Provided, that all time expended to complete required environmental review under the State Environmental Policy Act for those short subdivisions which are not categorically exempt, including, but not limited to, time expended by the responsible official in reviewing the proposal and issuing a threshold determination, time spent in preparing and issuing a final environmental impact statement, and time spent processing appeals allowed under the city’s SEPA regulations, shall be excluded from the 30-day time limitation provided by this section. “Tentative approval” under this section means the approval of a short subdivision application subject to the satisfactory completion of improvements, conditions, and/or requirements specified by the Planning Director.
The Planning Director in rendering a decision regarding the short subdivision application shall consider comments from the City Engineer, the Woodinville Water District, if involved, citizen comments, comments from other departments and affected agencies or jurisdictions; compliance with the City’s zoning code; compliance with the adopted comprehensive plan, park and recreation plan, transportation plan, and storm drainage plan; environmental documents and review; and the requirements and standards for short subdivision development. The Planning Director shall prepare a written report of the decision made with supporting facts and reasons. A copy of the written decision with all conditions, if any, shall be mailed in three working days of the decision to the applicant, parties of record, and other persons who have made a written request for notice of the decision.
(b) Tentative Approval. The tentative approval of a proposed short subdivision is effective for one year, unless extended by the Planning Director for a period of not more than one additional year. If all specified requirements are not completed or guaranteed as specified below within the tentative approval period, tentative approval shall expire and a new application in conformity with then current regulations shall be required. If the proposed short subdivision is tentatively approved by the Planning Director, any specified requirements shall be completed within one year, plus any authorized extension, or tentative approval shall expire. In the event of such an expiration a new application in conformity with the then current regulations shall be required before tentative approval is again granted.
(4) Decision by the Planning Director. Each final decision of the Planning Director shall be made pursuant to WMC 17.09.060. The decision made by the Planning Director may be appealed to the Hearing Examiner in compliance with Chapter 17.17 WMC.
(5) The Planning Director shall make written findings that appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds.
(6) Effect of Short Subdivision Approval. Approval of the short subdivision shall constitute authorization of the applicant to develop the short subdivision facilities and improvements in strict accordance with the plans and specifications as approved by the Director of Public Works subject to any conditions imposed by the Planning Director.
(7) Recording. All short subdivisions shall be filed in compliance with the following:
(a) Recording Required. No short subdivision shall be filed unless approved by the Planning Director and Director of Public Works. A copy of an approved short subdivision shall be filed for record with the County Auditor and one reproducible copy shall be furnished to the Planning Director.
(b) Fees and Recording Procedure. Prior to recording, the applicant shall submit the original short subdivision drawings to the Planning Department for signatures together with the short subdivision application fee.
(8) Short Subdivisions – Restrictions. The area included in an approved and recorded short subdivision shall not be further divided within a period of five years from the date of final approval without meeting the requirements for a subdivision or resubdivision; except, that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 465 § 11, 2008; Ord. 175 § 3, 1997)
20.08.080 Final plat and short plat corrections and boundary line adjustments.
(1) Public Dedication – Not Involved. Amendments, alterations, modifications and changes to recorded final plats or short plats and boundary lines between two adjoining parcels not involving a public dedication shall be accomplished only by one of the following methods:
(a) File a new plat for the lots in question by following the full subdivision procedures of this title; or
(b) File a short plat for lots in question by following the procedures of this title; provided, that short plats occurring in final subdivisions approved under the provisions of the WMC do not exceed the density allowed under the zoning existing at the time the plat was approved, or are not inconsistent with other provisions of the plats; or
(c) File a minor modification or boundary line adjustment, pursuant to WMC 17.07.030. This method may be used to correct or adjust short plats, final plats or boundary lines between two adjoining parcels; provided the proposed changes are minor and do not create new lots. This method may be used to consolidate two or more existing lots. A final plat mylar shall be submitted to the Planning Director for approval along with the normal and required signature attachments and a cross-reference to the original final or short plat and fees only for technical review. Normal and required signatures shall mean only the signatures of owners of lots affected by a minor modification or boundary line adjustment.
(2) Public Dedication – Involved. Amendments, alterations, modifications and changes to recorded final plats and short plats or boundary between two adjoining parcels involving a public dedication shall be accomplished by following the procedures of WMC 20.08.050, Subdivision vacation, or 20.08.060, Subdivision alteration. (Ord. 175 § 3, 1997)
20.08.090 Divisions requiring binding site plans.
A subdivision of land which is exempt from the subdivision regulations, but requires that a binding site plan be approved, shall comply with the following requirements:
(1) Applications submitted shall comply with the requirements established by WMC 17.09.020.
(2) Notice of the filing of the binding site plan application shall be provided in compliance with Chapter 17.11 WMC.
(3) As a basis for approval, approval with conditions or disapproval of a binding site plan, the Planning Director shall determine if appropriate provisions have been made for but not limited to the purpose and criteria set forth in Chapter 20.06 WMC, Subdivision and Short Subdivision Regulations.
(4) Each final decision of the Planning Director shall be in writing and shall include findings and conclusions based on the record to support the decision, in accordance with WMC 17.09.060. The decision made by the Planning Director may be appealed to the Hearing Examiner in compliance with Chapter 17.17 WMC.
(5) Binding site plans shall be drawn at a scale no smaller than one inch equals 100 feet and shall include the design of any lots or building envelopes and the areas designated for landscaping and vehicle use.
(6) All binding site plans shall be recorded in compliance with the following:
(a) Recording Required. No binding site plan shall be filed unless approved by the Planning Director and Director of Public Works. A copy of an approved binding site plan shall be filed for record with the County Auditor and one reproducible copy shall be furnished to the Planning Director.
(b) Fees and Recording Procedure. Prior to recording, the applicant shall submit the original binding site plan mylar to the Planning Department for signatures together with the binding site plan approval fee.
(7) Approved binding site plans shall be binding and all provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan approval shall be considered a violation of this title, and shall be restrained by injunctive action and shall be illegal as provided in Chapter 58.17 RCW, Plats – Subdivisions – Dedications.
(8) All subsequent development shall be in conformity with the approved binding site plan. Each binding site plan document shall reference the requirement for compliance with the binding site plan approval.
(9) Amendments to or vacations of an approved binding site plan shall be made through the process of this section.
(10) Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a subdivision approved by the City. (Ord. 175 § 3, 1997)
|
Code Publishing Company |
|
|