015-15 - Ordinance - Related to Land Use and ZoningIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: September 8, 2015
Adopted: September 8, 2015
ORDINANCE NO. 015-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO LAND USE AND ZONING, ADOPTING AN INTERIM
ZONING ORDINANCE ON SUBDIVISIONS, ADDING DEFINITIONS,
INCLUDING PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS,
SHORT PLATS, PRELIMINARY PLATS, FINAL PLATS AND BINDING
SITE PLANS, DESCRIBING THE ELEMENTS OF A COMPLETE
APPLICATION, THE CRITERIA FOR APPROVAL, PROCEDURES FOR
AMENDMENTS OF PRELIMINARY PLATS AND
AMENDMENTS/VACATION OF FINAL PLATS, DESCRIBING THE
PROCEDURES FOR ENGINEERING REVIEW OF CONSTRUCTION
PLANS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, SECURITY
FOR PUBLIC IMPROVEMENTS, RECORDING OF FINAL PLATS, AND
ENFORCEMENT, REPEALING EXISTING CHAPTER 16.72 OF THE
PORT ORCHARD MUNICIPAL CODE, ADOPTING A NEW CHAPTER
26.05 OF THE PORT ORCHARD MUNICIPAL CODE, DECLARING
THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT
UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS
ON THE SAME SUBJECT, THIS INTERIM ORDINANCE TO BE
EFFECTIVE IMMEDIATELY, DECLARING AN EMERGENCY, SETTING
SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING
ORDINANCE, AND ESTABLISHING THE DATE OF A PUBLIC
HEARING ON THE INTERIM ZONING ORDINANCE.
WHEREAS, the City's Subdivision Code (chapter 16.72 of the Port Orchard
Municipal Code) requires updating; and
WHEREAS, the City staff has been working on a new draft of a Subdivision Code
that will be numbered under Title 26 POMC to replace chapter 16.72 POMC; and
WHEREAS, Section 36.7oA.390 of the Revised Code of Washington authorizes
the City Council to adopt an interim zoning ordinance for a period of up to six months
provided that a public hearing is held within at least sixty days of its adoption; and
WHEREAS, the City Council desires to adopt the new Subdivision Code as an
interim zoning ordinance to be in effect while the public process is followed for the
adoption of the Subdivision Code update; NOW, THEREFORE,
Ordinance No.015-15
Page 2 of 64
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 16.72 of the Port Orchard Municipal Code is hereby repealed.
Section 2. A new Title 26 of the Port Orchard Municipal Code is hereby
adopted, which shall read as follows:
TITLE 26
SUBDIVISIONS
Chapter 26.05 — General Provisions
26.05.010 Purpose.
26.05.020 Definitions.
26.05.030 Applicability.
26.05.040 Administration.
26.05.050 City Standards.
26.05.060 Consent to Access.
26.05.070 Effect of Filing a Complete Application.
26.05.080 Transfer and Development of Lots Not Divided According to this
Chapter.
26.05.090 Monuments.
26.05.010 Purpose. This Title 26 shall be known as the Subdivision Code, and shall
supplement and implement chapter 58.17 RCW. The purpose of this Title is as follows:
A. To regulate the subdivision of land;
B. To promote the public health, safety and general welfare in accordance
with standards established by the state;
C. To prevent the overcrowding of land;
D. To lessen congestion in the streets and highways;
E. To promote effective use of land;
F. To promote safe and convenient travel by the public on streets and
highways;
G. To provide for adequate light and air;
H. To facilitate adequate provision for water, sewerage, parks and recreation
areas, sites for schools and school grounds and other public requirements;
I. To provide for proper ingress and egress;
J. To provide for the expeditious review and approval of proposed
subdivisions which conform to zoning standards and local comprehensive plans and
comprehensive plan policies;
K. To adequately provide for the housing and commercial needs of the
citizens of the state; and
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J. To require uniform monumenting of land subdivisions and conveyancing
by accurate legal description;
L. To further the comprehensive plan policies addressing subdivisions and
sustainability;
M. To promote the preservation of critical areas and encourage low impact
development;
N. To serve to maintain the current character of the City;
O. To encourage efficient and cost-effective provisions for installing
infrastructure, limit the development impact area and minimize impervious surfaces;
P. To encourage sustainable site design which will protect critical areas and
the larger environment, including the preservation of natural site amenities such as
watercourses, wetlands, and topographic and geologic features;
Q. To encourage low impact development (LID) practices when for providing
sewer and water, utilities, stormwater management, streets and sidewalks;
R. To protect and preserve trees and the urban forest for its environmental
and economic benefits;
S. To encourage site design that can make the best use of renewable energy
resources including solar and geothermal; and
T. To provide adequate siting for park and recreation areas, sites for schools
and playgrounds and other public requirements.
26.05.020 Definitions. As used in this title, unless the context or subject matter
clearly requires otherwise, the words or phrases defined in this chapter shall have the
indicated meanings.
"Adequate public facilities" means facilities which have the capacity to serve
development without decreasing levels of service below minimums established by the
City in the Comprehensive Plana
"Applicant" means the owner of land proposed to be subdivided or its
representative who shall have express written authority to act on behalf of the owner.
Written consent shall be required from the legal owner of the premises.
"Available public facilities" means that facilities or services are in place or that a
financial commitment is in place to provide the facilities or services within a specified
time. In the case of transportation, the specified time is six years from the time of
development.2
"Binding site plan" is a drawing to scale which (a) identifies and shows the areas
and locations of all streets, roads, improvements, utilities, open spaces, and any other
WAC 365-195-210.
2 RCW 36.70A.070 (6) (b). This language was amended in ESB 5923 (ch. 243, laws of 2015) to
add: "If the collection of impact fees is delayed under RCW 82.02.050(3), the six -year period
required by this [RCW 36.70A.070(6)(b)] must begin after full payment of all impact fees is due to
the county or city."
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matters identified in chapter 26.40 herein; (b) contains inscriptions or attachments
setting forth such appropriate limitations and conditions for the use of the land as are
established by the decision -maker with authority to approve the site plan; and (c�
contains provisions making any development be in conformity with the site plan.
"Block" is a group of lots, tracts or parcels within well-defined and fixed
boundaries.4
"Building site" means the physical portion of the real property upon which the
structures in a binding site plan are situated within one lot, and which portion of the lot
satisfies, or at one time satisfied, the applicable zoning code standards for physical
placement, lot coverage, construction of structures and all other location and
dimensional requirements for the dwelling unit.
"Building setback line" means a line parallel to the front property line in front of
which no structure shall be erected. The location of such line shall be a determined from
the regulations of the zoning ordinance of the city.
"Bond" means any form of surety bond in an amount and form satisfactory to the
City Public Works Director/City Engineer or City Council.
"City" means the City of Port Orchard.
"Common ownership" means ownership by the same person, corporation, firm,
entity, partnership or unincorporated association, or ownership by different corporations,
firms, partnerships, entities or unincorporated associations, in which a stockbroker,
partner or associate, or a member of his family owns an interest in each corporation,
firm, partnership, entity or unincorporated association.
. "Concurrency" means that adequate public facilities are available when the
impacts of development occur. This definition includes the two concepts of "adequate
public facilities" and of "available public facilities" as defined above.5
"Condominium," pursuant to RCW 64.34.020(9), means real property, portions of
which are designated for separate ownership and the remainder of which is designated
for common ownership solely by the owners of those portions. Real property is not a
condominium unless the undivided interests in the common elements are vested in the
unit owners, and unless a declaration and a survey map and plans have been recorded
against the property, pursuant to this Title and other applicable law.
RCW 58.17.020(7).
4 RCW 58.17.020(10).
5 WAC 365-195-210.
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"Consistency" means that no feature of a plan or regulation is incompatible with
any other feature of a plan or regulation. Consistency is indicative of a capacity for
orderly integration or operation with other elements in a systems
"Dedication" is the deliberate appropriation of land or rights in land by its owner
for any general and public use, reserving to himself or herself no other rights than such
as are compatible with the full exercise and enjoyment of the public use to which the
property has been devoted.'
"Domestic water system" means any system providing a supply of potable water
which is deemed adequate pursuant to RCW 19.27.097 for the intended use of the
development.$
"Easement" means an authorization by a property owner for another to use the
owner's property for a specified purpose.
"Escrow" means a deposit of cash with the City or escrow agent, pursuant to a
written agreement, in order to secure the promise to perform some act.
"External buffer" means a naturally vegetated area or vegetated area along the
exterior boundaries of an entire development processed in accordance with a
subdivision application which is landscaped and maintained as open space in order to
eliminate or minimize conflicts between such development and adjacent land uses.
"Financial commitment" means that sources of public or private funds or
combinations thereof has been identified which will be sufficient to finance public
facilities necessary to support development and that there is a reasonable assurance
that such funds will be timely put to that end.9
"Final plat" is the final drawing of the subdivision and dedication prepared for
filing of record with the County auditor, and containing all elements and requirements
set forth in chapter 58.17 RCW and this Title.10
"Landscaping" means acting with the purpose of meeting specific criteria
regarding uses of outside space, including ground cover, buffers and shade trees.
"Level of service" means an established minimum capacity of public facilities or
services that must be provided per unit of demand or other appropriate measure of
need."
6 WAC 365-195-210.
7 RCW 58.17.020(3).
a WAC 365-195-210.
9 WAC 365-195-210.
10 RCW 58.17.020(5).
WAC 365-195-210.
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"Lot" is a fractional part of legally divided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum zoning requirements for width and area.
The term shall include tracts or parcels.12
"Corner lot" means a lot which abuts on two or more intersecting streets.
"Flag lot" means a lot not meeting minimum frontage requirements and
where access to the public road is by a narrow, private right-of-way or driveway.
"Interior lot" means a lot which has frontage on one street only.
"Irregular lot" means one which is shaped so that application of setback
requirements is difficult. Examples include a lot with a shape which is not close to
rectangular, or a lot with no readily identifiable rear lot line, or a flag lot.
"Legal lot or lot of record" means a parcel of land satisfying the
requirements of section 26.05.080 herein.
"Nonconforming lot" means one which met applicable dimensional
requirements of the zoning ordinance at the date on which it was created but which, due
to the passage of a zoning ordinance, the amendment thereof or the annexation of
property to the City, no longer conforms to the current provisions of the zoning
ordinance.
"Through lot" means a lot fronting on two streets that is not a corner lot.
"Low -impact development" means a stormwater management and site design
strategy that emphasizes conservation and use of existing natural site features
integrated with distributed, small-scale stormwater controls to more closely mimic
natural hydrologic patterns. The goal is to manage stormwater where it falls by
reducing effective impervious surfaces and maintaining and/or re-establishing native
vegetation.
"Metes and bounds" means a description of real property which starts at a known
point of beginning and describes the bearings and distances of the lines forming the
boundaries of the property, and is completed when the description returns to the point of
beginning.
"Mid -block connection" means a thoroughfare connecting two sides of a
residential block, usually located near the middle of said block and intended for
pedestrian and bicycle use.
12 RCW 58.17.020(10).
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"Model home" means a dwelling unit used initially for display purposes which
typifies the type of units that will constructed in the subdivision and which will not be
permanently occupied. during its use as a model.
"Monument" means an object used to permanently mark a surveyed location.
"Off -site" means any premises not located within the area of the property to be
subdivided, whether or not in the common ownership of the applicant for subdivision
approval.
"Open space" means a portion of land excluding building sites and parking areas
which is designated and maintained as an area for leisure, recreation and other
activities normally carried on outdoors. Open space may include greenbelt and
recreational areas.
"Pavement width" means the actual paved surface measured from edge to edge
of streets or alley road surface.
"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.13
"Plat certificate" means a title report by a title insurance company certifying the
ownership, deed restrictions, covenants, etc., of the land being subdivided.
"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 title. The preliminary plat shall be
the basis for the approval or disapproval of the general layout of a subdivision of five or
more lots.14
"Private Street" means a privately owned right-of-way which provides access for
up to 10 residential units and meets the requirements of the Public Works Standards.
"Public Facilities" means streets, roads, highways, sidewalks, street and road
lighting systems, traffic signals, domestic water systems, storm and sanitary sewer
systems, parks and recreational facilities and schools.15
"Right-of-way" or "RMP' means a strip of land deeded or dedicated to the City for
street, utility and/or drainage purposes.
13 RCW 58.17.020(2).
14 RCW 58.17.020(4).
15 RCW 36.70A.030(13).
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"Sale or lease" means any immediate or future transfer of ownership, or any
possessory interest in land, including contract of sale, lease, devise, intestate
succession, or other transfer of an interest in a subdivision or part thereof, whether by
metes and bounds or lot and block description.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment, or discharge of any
water borne waste, whether domestic in origin or a combination of domestic,
commercial or industrial waste.
"Setback" means the minimum distance that buildings/structures or uses must be
setback from a lot line.
"Setback, rear" means the minimum distance required by the Code for a building
or structure to be set back from the rear lot line.
"Setback, side" means the minimum distance required by this Code for a building
or structure to be setback from a side lot line.
"Setback, street or front setback" means the minimum distance required by this
Code for a building or structure to be setback from the street lot line.
"Short plat" is the map or representation of a short subdivision.16
"Short Subdivision" means the division or re -division of land into four or less lots,
tracts, parcels or divisions for the purpose of sale or lease.17
"Street" means a dedicated and accepted public right-of-way for vehicular traffic.
The word "street" includes the words "road," "drive," "boulevard" or "way."
"Street Standards" means the requirements contained in the standard drawings
and documents specified by the city engineer as the City's adopted Street Standards.
"Subdivider" means any person, firm or corporation who subdivides or develops
any land deemed to be a subdivision.
"Subdivision" means the division or re -division of land into five (5) or more lots,
tracts, parcels, sites or divisions for the purpose of sale or lease, or transfer of
ownership, except as provided in Section 26.05.030(D), and includes all re -subdivision
of land.18
18 RCW 58.17.020(8).
17 RCW 58.17.020(6).
18 RCW 58.17.020(1).
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"Subdivision Improvement Agreement" means a contract between the City and
applicant/developer pursuant to Section 26.25.050, by which the applicant agrees to
complete the required public improvements in the subdivision within a specified time
period following final subdivision plat approval and posts security to ensure such
completion.
"Surveyor" means a registered professional land surveyor licensed to practice
surveying in the State of Washington.
"Tract" is a nonbuildable unit of land created by a subdivision, short subdivision,
deed, or other instrument recorded with the appropriate county recorder. Tracts are
usually held in common by the owners of an organization, such as a homeowners'
association, for common benefit and are not required to meet minimum lot size and
dimensional requirements of the applicable zone.
"Transportation facilities" includes capital facilities related to air, water or land
transportation.19
"Transportation level of service standards" means a measure which describes
the operational condition of the travel stream and acceptable adequacy requirements,
as identified in the City's comprehensive plan (as required by RCW 36.70A.070(6)(b).20
"Utilities" or "public utilities" means enterprises or facilities serving the public by
means of an integrated system of collection, transmission, distribution and processing
facilities through more or less permanent physical connections between the plant of the
serving entity and the premises of the customer. Included are systems for the delivery
of natural gas, electricity, telecommunications services and water, and for the disposal
of sewage.21
26.05.030 Applicability.
A. The provisions of this Title shall apply to all divisions of land within the
corporate limits of the City of Port Orchard, except as expressly stated in this Title.
B. No persons 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 Title without full
compliance with this Title and the applicable portions of the City of Port Orchard
comprehensive plan, and chapter.58.17 RCW.
C. Divisions of land into four or less lots shall be in compliance with the
regulations and standards governing short subdivisions set out in chapter 26.15, unless
the binding site plan procedures of chapter 26.40 are followed. Division of land into five
19 WAC 365-195-210.
21 WAC 365-195-210.
21 WAC 365-295-210.
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or more lots22 shall comply with regulations and standards pertaining to subdivisions
contained herein and must follow the preliminary and final procedures set forth in
chapters 26.20 and 26.30 of this Title, or, if applicable, the binding site plan process.
D. Sale of land is prohibited unless it is a legally platted parcel of land or lot
or is a parcel of land divided under the provisions of this Title, or unless such agreement
for sale complies with RCW 58.17.205.
E. Exemptions. The provisions of this title shall not apply to the activities
described in Subsections 1 through 9 below.
Cemeteries and other burial plots while used for that purpose;
2. Divisions of land into lots or tracts each of which is one -one
hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is
not capable of description as a fraction or a section of land: PROVIDED, That for
purposes of computing the size of any lot under this item which borders on a street or
road, the lot size shall be expanded to include that area which would be bounded by the
center line of the road or street and the side lot lines of the lot running perpendicular to
such center line;
3. Divisions made by testamentary provisions, or the laws of descent;
4. A division for the purpose of leasing land for facilities providing
personal wireless services while used for that purpose. "Personal wireless service"
means any federally license personal wireless service. "Facilities" means unstaffed
facilities that are used for the transmission or reception, or both, of wireless
communication services including, but not necessarily limited to, antenna arrays,
transmission cables, equipment shelters and support structures; and
5. A division of land into lots or tracts of less than three acres that is
recorded in accordance with chapter 58.09 RCW and is used or will be used for the
purpose of establishing a site for construction and operation of consumer -owned or
investor -owned electric utility facilities. For purposes of this subsection, "electric utility
facilities" means unstaffed facilities, except for the presence of security personnel, that
are used for or in connection with or to facilitate the transmission, distribution, sale or
furnishing of electricity including, but not limited to, electric power substations. This
subsection does not exempt a division of land from the zoning and permitting laws and
regulations of the City. Furthermore, this subsection only applies to electric utility
facilities that will be placed into service to meet the electrical needs of a utility's existing
and new customers. New customers are defined as electric service locations not
22 See, RCW 58.17.020(7). A municipality has the option to increase the number of lots in a
short plat to a maximum of nine.
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already in existence as of the date that electric utility facilities subject to the provisions
of this subsection are planned and constructed.23
6. Right -of -Way Acquisition and Condemnation.
(a) A division of land related to the acquisition or exchange of land by
public agencies, for public use except human occupancy, included but not limited to
subdivisions made for road construction purposes;
(b) A division of land for the sole use of the installation of linear utility
facilities, such as electric power lines, telephone lines, water supply lines, sewer service
lines, cable lines or other utility facilities of a similar or related nature; and
(c) Division of land due to condemnation or sale under threat thereof
by an agency or division of government vested with the power of condemnation; if sale
is made under threat of condemnation, such threat must be evidenced by the
government agency filing affidavit so stating with the County Auditor.
26.05.040 Administration. The Directors of Community Development and Public
Works, hereinafter the "Directors," and/or his/her designees, are delegated the
responsibilities for administration, coordination and enforcement contained in this Title,
pursuant to chapter 58.17 RCW. The City Engineer shall have primary responsibility for
compliance with the provisions of chapter 26.25 POMC.
26.05.050 Compliance. In addition to compliance with this Title, all subdivisions,
short subdivisions, boundary line adjustments, binding site plans, preliminary plat
amendments, subdivision alterations and vacations shall adhere to all applicable
adopted City standards and regulations, including, but not limited to, the comprehensive
plan, the Shoreline Master Program, the sewer comprehensive plan, the water system
plan, the comprehensive stormwater drainage plan, the City's street and utility
standards, the City's zoning and building codes, the City's concurrency ordinance,
public works & street standards, storm water drainage code, critical areas ordinance
and flood control ordinance, all of which have been adopted by ordinance and are on
file with the City Clerk.
26.05.060 Consent to access. All persons applying for approvals under this Title
shall permit free access to the land subject to the application to all agencies with
jurisdiction considering the proposal for the period of time extending from the date of
application to the time of final action.
26.05.070 Effect of filing a complete application -- vesting. A complete
application for a short plat, preliminary plat or binding site plan, shall be considered
under the subdivision, short subdivision or preliminary binding site plan regulations and
zoning or other land use control ordinances in effect on the land at the time the fully
23 RCW 58.17.040.
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completed application for the preliminary plat approval of the subdivision, short plat
approval of the short subdivision, or a preliminary binding site plan has been submitted
to the Community Development Department. The limitations imposed by this section
shall not restrict conditions imposed under chapter 43.21 C RCW (the State
Environmental Policy Act).24
26.05.080 Transfer and Development of Lots Not Divided According to this
Chapter. No building permit, septic tank permit or other development permit shall be
issued for any lot, tract or parcel of land divided in violation of this Title unless the
Director finds that the public interest will not be adversely affected thereby. This
prohibition shall not apply to lots of record as described in subsection A below, or to
innocent purchasers without actual notice of such violation, as described in subsection
B below.
A. Legal lot criteria for building or transfer of ownership. A lot is considered a
lot of record if it meets any one of the criteria listed below in this subsection A. Lots of.
record may be transferred and developed as separate legal lots even though such lots
may not have been created according to this chapter. Even though a lot may be
deemed legal, development on said lot shall be subject to all applicable sections of the
City's Zoning Code.
Lots of record include:
a) Any lot, the legal description of which has been recorded in a
plat or short subdivision filed with the County Auditor after June 1937;
b) Any lot created and separately developed before June 9,
1937;
c) Any lot, the legal description of which is on file with the
County Auditor in an assessor's plat recorded in accordance with RCW Chapter 58.18;
d) Lots created by court order for adverse possessions or
divorces;
e) Lots exempted under Section 26.05.080(A) above and lots
transferred to a bona fide innocent purchaser for value in accordance with this Title; and
f) Any lot created prior to October 21, 1979, and not otherwise
meeting the criteria set forth above, provided that there must be no adjoining lots of
record of contiguous 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 that
would comply with this Title.
24 RCW 58.17.033.
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B. Innocent Purchaser and Public Interest.
1. Innocent purchasers. Where the purchase value of a parcel and
subsequent tax assessments are consistent with a buildable lot of record, the Director
may determine that an innocent purchaser without actual notice (that the parcel has
been divided in violation of this Title) may be developed as lots of record. The
Director's decision shall be based on the following criteria:
a) Zoning.
i. The parcel meets minimum zoning and dimensional
requirements, including lot size, dimensions and frontage width, which are currently in
effect or which were in effect at the time the parcel was created, or
ii. The parcel lacks sufficient area or dimension to meet
current zoning requirements but the parcel size is consistent with surrounding lots of
record;
b) Public health.
i. The parcel meets minimum public health dimensional
requirements currently in effect or which were in effect at the time the parcel was
created; and
ii. The Director finds that the parcel does not adversely
affect public health or safety or interfere with the implementation of the Comprehensive
Plan.
c) Status.
i. The current property owner purchased the property
for value and in good faith, and did not have knowledge of the fact that the property
acquired was divided from a larger parcel in violation of the regulations listed under"lots
of record" in Section 26.05.080 (A) (1) above.
ii. The property owner completes conditions of approval
which the Director determines would otherwise be imposed if the parcel had been
established through platting under current standards;
iii. The Director determines that improvements or
conditions of approval, which would have been imposed if the parcel had been
established through platting, are already present and completed.
26.06.090 Monuments.
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A. Permanent survey control monuments shall be provided for all land
divisions at:
1. All controlling corners on the boundaries of the land division;
2. The intersection of centerline of roads within the land division; and
3. The beginning and ends of curves on centerlines or points of
intersections on tangents.
B. Permanent survey control monuments shall be set in two-inch pipe, 24
inches long, filled with concrete, or shall be constructed of an approved equivalent.
Permanent survey control monuments within a street shall be set after the street is
paved. Every lot corner shall be marked by a three -quarter -inch galvanized iron pipe or
approved equivalent, driven into the ground. If any land in a land division is contiguous
to a meandered body of water, the meander line shall be re-established and shown on
the final plat, short plat or other recorded land division instrument.
Chapter 26.10 — Boundary Line Adjustments
26.10.010 Purpose and Applicability.
26.10.020 Administration.
26.10.030 Procedure.
26.10.040 Requirements for Complete Application.
26.10.050 Criteria for Approval.
26.10.060 Time Limitation for Final Decision on BLA.
26.10.070 Recording.
26.10.010 Purpose and Applicability. The purpose of this chapter is to regulate
boundary line adjustments.25 Boundary line adjustments are allowed in order to rectify
defects in legal descriptions, allow the enlargement or merging of lots to improve or
qualify as a building. site, to achieve increased setbacks from property lines or sensitive
areas, to correct situations where an established use is located across a lot line, or for
other, similar purposes. This procedure cannot be used to create a new lot.
26.10.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter and shall have the authority to approve or deny proposed
boundary line adjustments without a public hearing in accordance with this chapter.
26.10.030 Procedure. The following steps shall be followed in the processing of
boundary line adjustments [hyperlink will be set to each procedure, so the reader will be
directed to the appropriate section of the permit processing title]:
25 RCW 58.17.040(6).
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A. 23.20.040 Determination of Complete Application;
B. 23.40.020 Determination of Consistency;
C. 23.50.100 Notice of Decision; and
D. 23.50.110 . Administrative Appeal (if any).
26.10.040 Requirements for a complete application. Seven (7) Copies of the
following materials shall be submitted to the City in order to constitute a complete
application for a boundary line adjustment:
A. Name, address and phone number of applicant and property owner;
B. A map at a scale of not less than one inch equal to 100 feet which depicts
the existing property configuration, including all lot line dimensions and existing
documents;
C. A separate map which depicts the proposed property configuration,
including all lot line dimensions;
D. A legal description of the existing property configuration and proposed
property configuration, prepared by a licensed professional land surveyor;
E. A title insurance certificate updated not more than thirty days prior to
recording of the Adjustment, which includes all parcels within the Adjustment.
F. A verified statement by the applicant(s) that the property affected by the
application is in the exclusive ownership of the applicant(s), or, if the property is not in
the exclusive ownership of the applicant, a verified statement that the applicant has
submitted the application with the consent of all owners of the affected property; and
G. Completed application form and the applicable fee.
26.10.050 Criteria for approval. A boundary line adjustment shall be approved if it
is determined that:
A. No additional lot, tract, parcel or division will be created by the proposed
adjustment;
B. No lot is created or modified which does not qualify as a building site
pursuant to this Title or the Zoning Code or contains insufficient area and dimensions to
meet the minimum requirements of the zone in which the affected lots are situated;
C. No lot is created or modified which does not have adequate drainage,
water supply and sanitary sewage disposal, and access for vehicles, utilities and fire
protection, and no existing easement in favor of the public is rendered impractical to
serve its purpose;
Ordinance No.015-15
Page 16 of 64
D. The overall area in a plat or short plat devoted to platted open space is not
reduced;
E. Approval does not cause an inconsistency with any restrictions or
conditions of approval for any recorded plat or short plat; and
F. The total number of lots contained within the external boundaries of the
parcel subject to the boundary line adjustment will not exceed the density allowed under
the current zoning or fall below minimum density standards applicable to that zone.
G. The boundary line adjustment is consistent with the applicable provisions
of this Title.
26.10.060 Time Limitation for Final Decision on BLA. A boundary line adjustment
application shall be approved, denied or returned to the applicant for modification or
correction within thirty (30) days after a complete application has been submitted,
unless the applicant consents in writing to an extension of such time period.
26.10.070 Recording.
A. The final record of survey document must be prepared by a land surveyor
in accordance with chapter 58.09 RCW. The document must include all of the elements
set forth in RCW 58.09.040(1) and contain a land surveyor's certificate as set forth in
RCW 58.09.080, as well as approval blocks for the Director and County Auditor (Section
26.30.050(F)).
B. Prior to final approval, documentation authorizing the transfer of property
ownership executed by the owners of the affected property shall be placed on the
original boundary line adjustment map along with the legal descriptions of those
portions of land being transferred when lots are under separate ownership.
C. After approval, the applicant shall deposit a recording fee for the boundary
line adjustment with the City, and the City shall cause it to be recorded with the County
Auditor.
Chapter 26.15 — Short Subdivisions
26.15.010 Purpose.
26.15.020 Administration.
26.15.030 Procedure and Additional Notice.
26.15.040 Requirements for a Complete Application.
26.15.050 Criteria for Approval.
Ordinance No.015-15
Page 17 of 64
26.15.060 Dedications.
26.15.070 Time Limitation for Final Decision.
26.15.080 Construction of Improvements.
26.15.090 Restriction on Further Division.
26.15.100 Submission of Mylar for Signature.
26.15.110 Building Permits Will Not Issue Until Construction of Improvements.
26.15.010 Purpose. The purpose of the provisions in this chapter is to regulate the
subdivision of land into four or less lots for residential, commercial or industrial use.
26.15.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter and is granted the authority to approve or disapprove
proposed short subdivisions without a hearing in accordance with this chapter.
26.15.030 Procedure and Additional Notice.
A. Procedure. The following steps shall be followed in the processing of
short plat applications [hyperlink will be set to each procedure, so the reader will be
directed to the appropriate section of the permit processing title]:
1. 23.20.040 Determination of Complete Application;
2. 23.30.010 Notice of Application;
3. [Insert SEPA Chapter Number] SEPA (unless exempt under
SEPA, WAC 197-11-800(6));
4. 23.40.020 Determination of Consistency;
5. 23.50.100 Notice of Decision; and
6. 23.50.110 Administrative Appeal (if any).
B. Additional Notice. In addition to the notice required in the sections
referenced above, the City shall provide the following additional notice as applicable:
1. If the proposed short subdivision is located adjacent to the right-of-
way of a state highway, the Director shall give written notice of the application, including
a legal description of the short subdivision and a location map, to the State Department.
of Transportation; and
2. If the proposed short subdivision is located in whole or in part in an
irrigation district organized pursuant to chapter 87.03 RCW, the Director shall give
written notice of the application, including a legal description of the short subdivision
and a location map, to the affected irrigation district.
3. If the proposed short subdivision is located in whole or in part in a
flood control zone as provided in chapter 86.16 RCW, the Director shall give written
notice of the application, including a legal description of the short subdivision and a
location map, to the State Department of Ecology.
Ordinance No.o15-15
Page 18 of 64
26.15.040 Requirements for a Complete Application. The following materials
shall be submitted to the City for a complete application for a short subdivision:
A. Seven copies of the application form provided by the City. The application
shall contain the following information:
1. Date, address and telephone number of the subdivider and
owner(s) of the land proposed to be subdivided;
2. A verified statement by the applicant(s) that the property affected
by the application is in the exclusive ownership of the applicant(s), or, if the property is
not in the exclusive ownership of the applicant, a verified statement that the applicant
has submitted the application with the consent of all owners of the affected property;
and;
3. Legal description of the property to be subdivided, including legal
descriptions of all proposed lots;
4. A statement, under oath, that the tract has not been subdivided
within the last five years, except by an approved preliminary plat and final plat;
5. A title report dated by the title company within thirty (30) days of the
date the application was submitted to the City, confirming that the title of the lands as.
described and shown in the plat is in the name of the owner.
6. Certificate giving full and complete descriptions of the lands divided
as they appear on the short plat, including a statement that the short subdivision has
been made with free consent and in accordance with the desires of the owner(s). If the
short plat includes a dedication, the certificate shall also contain the dedication of all
streets and other areas to the public and individual(s), religious society or societies or to
any corporation, public or private, as shown on the short 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 any
road(s).26 The certificate shall be signed and acknowledged before a notary public by
all parties having any interest in the lands subdivided;
7. The owners of adjacent land and the names of any adjacent
subdivisions;
8. Identification of the source of water supply for each lot, including
water line and fire hydrant locations;
9. Identification of the method of sanitary sewage disposal;
26 RCW 58.08.015; 58.17.165.
Ordinance No.015-15
Page 19 of 64
10. Location of all public and/or private utility service lines, including
underground telephone or cable service lines;
11. All environmentally sensitive areas and their buffers;
12. SEPA Checklist (if applicable);27 and
13. The City's completed application form and the application fee, as
established by the City in a resolution for this purpose.
B. A registered land surveyor shall stake the corners of each proposed lot on
the ground and prepare survey and map of the property drawn in ink upon one or more
sheets of Mylar, which shall also conform to the following requirements:
1. The map shall be to scale not less than 100 feet to the inch, on a
sheet size of eighteen inches by twenty-four inches, and north shall be indicated;
2. The boundary lines of the tract to be short platted and the interior
lot lines, and relationship to adjacent properties shall be shown (heavy line weight);
3. Length and bearing of the boundary lines and lot lines shall be
shown. The map shall be referenced to the state plane coordinate system (medium line
weight);
4. Location of monuments or evidence used as ties to establish the
boundaries shall be shown (medium line weight);
5. The boundary and dimensions of the "original tract," including its
bearings and length of all boundary lines, assessor's parcel number, section, township
and range, approximate location and widths of existing buildings, structures, utilities,
underground storage tanks, dimensions of all easements and/or streets (public and
private) and identifying names of such, both within or adjoining the short plat, and
applicable city or county file numbers shall be shown (fine line weight);
6. A statement on the face of the short plat that land in a short
subdivision may not be further divided in any manner within a period of five years
without the filing of a final plat, except that when the short plat contains fewer than four
parcels, nothing in this section shall prevent the owner who filed the short plat from filing
27 Under WAC 197-11-800(6), there is an exemption for minor land use decisions, which includes: "(a)
Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the
procedures required by RCW 58.17.060, but not including further short subdivisions or short platting
within a plat or subdivision previously exempted under this section."
Ordinance No.015-15
Page 20 of 64
an alteration within the five year period to create up to a total of four lots within the
original short plat boundaries;28
7. A certification by the land surveyor stating that all requirements of
this title have been complied with;
8. The width and location of access to all short -subdivided lots
proposed (medium line weight);
9. The number assigned to each lot (heavy line weight);
10. The boundaries of all lands reserved in the deed for common use of
the property owners of the short subdivision or dedicated to the public (heavy line
weight);
11. All of the materials required by this subsection, including the
survey, shall be completed and filed with the application for approval of the short
subdivision.
26.15.050 Criteria for Approval.
A. The applicant for a short subdivision must demonstrate that the application
complies with all of the following:
All applicable statutory provisions, including, but not limited to,
RCW 58.17.195;
2. The City's zoning and building codes, and all other applicable laws
of the appropriate jurisdictions, including but not limited to, the health department; and
3. The City's comprehensive plan and all related elements, including,
but not limited to the comprehensive plan elements relating to capital facilities, water,
sewer and transportation.
4. The applicant shall demonstrate that there are available, adequate
Public Facilities to support and service the area of the proposed short subdivision. The
applicant shall, at the request of the City, submit sufficient information and data on the
proposed short subdivision to demonstrate the expected impact upon and use of Public
Facilities by the possible uses and users of the proposed short subdivision. Public
Facilities and services to be examined for adequacy and availability will include roads
and public transportation facilities, sewerage and water service, police protection, and
firefighting water flow and fire apparatus access.
28 RCW 58.17.060(1).
Ordinance No.015-15
Page 21 of 64
5. Water and Sewer. All habitable buildings and buildable lots in the
short subdivision shall be connected to a public water system capable of providing
water for health and emergency purposes, including adequate fire protection, consistent
with the City's comprehensive water system plan. All habitable buildings and buildable
lots in the short subdivision shall be served by an approved means of wastewater
collection and treatment, consistent with the City's comprehensive sewer plan. The City
shall consider the recommendation of the public works director, City engineer, the
health department or other agency furnishing sewage disposal and supplying water as
to the adequacy and availability of the proposed means of sewage and water supply.
6. Stormwater. Drainage improvements shall accommodate potential
runoff from the entire upstream drainage area flowing through the lots in the short plat
and shall be designed to prevent increases in downstream flooding, in accordance with
the City's Stormwater Drainage Regulations. The City may require the use of control
methods such as retention or detention and/or the construction of offsite drainage
improvements to mitigate the impacts of the proposed developments.
7. Roads. Proposed roads shall provide an available, safe,
convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall
be properly related to the comprehensive plan; and shall be appropriate for the
particular traffic characteristics of each proposed development. Roads not dedicated to
the public must be clearly shown on the face of the plat.
8. Extension policies. All public improvements and required
easements shall be extended through the parcel in the proposed short subdivision.
Streets, water lines, wastewater systems, drainage facilities, electric lines and
telecommunication lines shall be constructed through the subject property in the short
plat to promote the logical extension of public infrastructure, consistent with the
requirements of RCW 82.02.020 and all other legal requirements.29
9. Flooding. If the proposed short subdivision is in a flood control
zone as defined in chapter 86.16 RCW, it cannot be approved without the written
approval of the State Department of Ecology.
29 The City would look to RCW 82.02.020 to determine whether the extension is "reasonably
necessary as a direct result of the proposed development or plat to which the dedication of land
or easement is to apply." In addition, the City would determine whether there was "a 'nexus' and
`rough proportionality' between the property that the government demands and the social costs of
the applicant's proposal." Koontz v. St. Johns River Water Management Distr., 133 S.Ct. 2586,
2595 (2013). Another quote from the Koontz court: "the government may choose whether and
how a permit applicant is required to mitigate the impacts of a proposed development, but it may
not leverage its legitimate interest in mitigation to pursue government ends that lack an essential
nexus and rough proportionality to those impacts." Also, with regard to the question re: the City's
ability to require that the applicant oversize pipes, take a look at Section 26.25.008, which
references the City's ability to form a utility local improvement district under chapter 35.43 RCW,
latecomer's agreement for water or sewer under chapter 35.91 RCW or an assessment
reimbursement district under chapter 35.72 RCW.
Ordinance No.015-15
Page 22 of 64
10. Irrigation. If the proposed short subdivision lies in whole or in part
in an irrigation district organized pursuant to chapter 87.03 RCW, it cannot be approved
without compliance with RCW 58.17.310.
B. A proposed short subdivision application shall not be approved unless the
City makes written findings and conclusions that:
All of the requirements in Section 26.15.050(A) are satisfied;
2. Appropriate provisions are made for the public health, safety and general
welfare and for such 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 and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school;
3. The public use and interest will be served by the platting of the short
subdivision and dedication; and
4. There are no flood, inundation or swamp conditions that preclude approval
under RCW 58.17.120. If the property is in a flood control zone as defined in chapter
86.16 RCW, the short subdivision shall not be approved without the prior written
approval of the Washington State Department of Ecology.
26.15.060 Dedications. Dedication of land to any public body, provision of Public
Facilities to serve the short subdivision, and/or impact fees may be required as a
condition of subdivision approval. Dedications shall be clearly shown on the short plat
according to the requirements of RCW 58.17.165 and Section 26.30.050(F). If the short
plat includes a dedication of a public park with an area of less than two acres and the
donor has designated that the park be named in honor of a deceased individual of good
character, the City must adopt the designated name.
26.15.070 Time limitation for Final Decision. A short subdivision application shall
be approved, approved with conditions or denied within thirty (30) days after a complete
application has been submitted, unless the applicant consents in writing to an extension
of such time period.30
26.16.080 Construction of Improvements. After approval of a short plat, the
subdivider shall have sixty (60) months to construct all required Public Facilities. In lieu
of construction within this time period, the subdivider may enter into a Subdivision
Improvement Agreement (as allowed by Section 26.25.050), in which the subdivider
contracts with the City to construct the required Public Facilities, contingent upon the
posting of the necessary security.
30 Question: Should this deadline for a final decision be changed to 120 days, pursuant to RCW
36.70B.080? Or, should it be 30 days, pursuant to RCW 58.17.140?
Ordinance No.015-15
Page 23 of 64
26.15.090 Restriction on Further Division. The Mylar submitted to the City as
provided in 26.15.100 below shall include a statement on the face of the short plat that
land in a short subdivision may not be further divided in any manner within a period of
five years without the filing of a final plat, except that when the short plat contains fewer
than four parcels, nothing in this section shall prevent the owner who filed the short plat
from filing an alteration within the four year period in order to create up to a total of four
lots within the original short plat boundaries.
26.15.100 Submission of Final Short Plat for Signature. Once all Public Facilities
required by the short subdivision approval are complete and the approval conditions
have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the
approved short plat to the Director. The mylar and final short plat materials shall include
all of the elements described in Section 26.15.040 and Section 26.30.050. Within thirty
(30) days of submission of these materials, the Director shall confirm that all
improvements are complete, that the conditions have been performed and that the
mylar conforms to the requirements of this chapter under the procedure set forth in
Section 26.25.060(A). If the Director finds that all such requirements have been
satisfied (or that the applicant has posted a bond or provided a Subdivision
Improvement Agreement with other security), the Director shall follow the procedure set
forth in Section 26.30.060(D) for recording of the short plat.
26.15.110 Building permits will not issue until improvements are constructed
or appropriate security is posted. If a short subdivision is approved subject to the
construction of Public Facilities or the performance of conditions, no building permit
shall be issued for any property within the boundaries of the short plat until actual
construction of the Public Facilities (and, in the case of Public Facilities that will be
dedicated to the City, until after inspection and acceptance of the same by the City), or
full performance of the conditions. This prohibition on the issuance of building permits
under this Section shall not apply if the City has allowed the subdivider to post a bond or
provided other security to the City in lieu of construction of the Public Facilities in a
Subdivision Improvement Agreement.
Chapter 26.20
Preliminary Subdivision Plats
26.20.010
Purpose.
26.20.020
Administration.
26.20.030
Procedure and Additional Notice.
26.20.040
Requirements for a Complete Application.
26.20.050
Criteria for Approval.
26.20.060
Dedications.
26.20.070
Time Limitation for Final Decision.
26.20.080
Effect of Preliminary Subdivision Approval; Expiration.
26.20.090
Deadline for Submission of Final Plat Application.
Ordinance No.015-15
Page 24 of 64
26.20.100 Revisions to an Approved Preliminary Plat.
26.20.010 Purpose. The purpose of the provisions in this chapter is to regulate the
subdivision of land into five (5) or more lots for residential, commercial or industrial use.
26.20.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter. The authority to hold a public hearing and provide a final
decision on preliminary subdivision applications is granted to the Hearing Examiner and
the City Counci131 has the authority to make a Decision on appeal after a closed record
hearing.
26.20.030 Procedure and Additional Notice.
A. Procedure. The following steps shall be followed in the processing of
preliminary plat applications [hyperlink will be set to each procedure, so the reader will
be directed to the appropriate section of the permit processing title]:
1.
23.20.040
Determination of Complete Application;
2.
23.30.010
Notice of Application;
3.
s2;
[Insert SEPA Chapter Number] SEPA
4.
23.40.020
Determination of Consistency;
5.
23.30.050
Notice of Public Hearing;
6.
23.50.020 (C) Preparation of Staff Report;
7.
ch. 23.50
Public Hearing;
8.
23.50.100
Notice of Decision; and
9.
23.50.110
Administrative Appeal (if any).
B. Additional Notice. In addition to the notice provided in the sections
referenced above, the City shall also provide the following notice, as applicable:
1. If the proposed preliminary subdivision is located adjacent to the
right-of-way of a state highway, the Director shall give written notice of the application,
including a legal description of the preliminary subdivision and a location map, to the
State Department of Transportation; and
2. If the proposed preliminary subdivision is located in whole or in part
in an irrigation district organized pursuant to chapter 87.03 RCW, the Director shall give
written notice of the application, including a legal description of the preliminary
subdivision and a location map, to the affected irrigation district.
31 A PUD is a rezone, so the ordinance adopting the PUD, after final PUD approval is granted,
must be passed by the City Council.
32 If an EIS issues, there may be an appeal of the EIS, with a public hearing. See, SEPA
Chapter/Ordinance.
Ordinance No.015-15
Page 25 of 64
3. If the proposed preliminary subdivision is located in whole or in part
in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written
notice of the application, including a legal description of the preliminary subdivision and
a location map, to the State Department of Ecology.
26.20.040 Requirements for a Complete Application. The following materials
shall be submitted to the City for a complete preliminary subdivision application:
A. Seven copies of the application form provided by the City. The application
shall contain the following information:
1. The proposed name of the proposed subdivision, which shall not be
the same as the name of any other subdivision or development in the City;
2. Name, address and telephone number of the subdivider and of the
owner(s) of the properly to be subdivided;
3. A verified statement by the applicant(s) that the property affected
by the application is in the exclusive ownership of the applicant(s), or, if the property is
not in the exclusive ownership of the applicant, a verified statement that the applicant
has submitted the application with the consent of all owners of the affected property;
and;
4. Legal description of the property to be subdivided, including legal
descriptions of all proposed lots, boundaries and approximate dimensions, including
square feet of lot area for all lots and parcels within the proposed subdivision, together
with the numbers to be assigned to each block and lot;
5. A title report dated by the title company within thirty (30) days of the
submission of the application to the City, confirming that the title of the lands as
described and shown in the application is in the name of the owner.
6. Certificate giving full and complete descriptions of the lands divided
as they appear on the preliminary plat, including a statement that the preliminary
subdivision has been made with free consent and in accordance with the desires of the
owner(s). If the preliminary plat includes a dedication, the certificate shall also contain
the dedication of all streets and, other areas to the public and individual(s), religious
society or societies or to any corporation, public or private, as shown on the preliminary
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 any road(s). The certificate shall be signed and acknowledged before a
notary public by all parties having any interest in the lands subdivided;
7. The owners of adjacent land and the names of any adjacent
subdivisions;
Ordinance No.015-15
Page 26 of 64
8. Identification of the source of water supply for each lot, including
water line and fire hydrant locations, generalized plans of proposed water distribution
systems, storm sewers, sewerage systems and shoreline modifications, if any, including
locations and sizing;
9. If the plat constitutes a replat, the lots, block, streets, etc., lines of
the original plat shall be shown with dotted lines in their proper positions in relation to
the new arrangement on the plat, the new plat being clearly shown in solid lines
10. All environmentally sensitive areas, their buffers and minimum
building setbacks
11. If the subdivision is proposed to occur in two or more phases, the
applicant shall provide a Subdivision Improvement Agreement on a form approved by
the City Attorney, which meets the requirements of Section 26.25.050 and all of the
information required by that section, as well as a map clearly showing the proposed
phases and providing the proposed phasing schedule;
intervals;
12. A map showing topographic lines at five (5) foot intervals;
13. Proposed final grading plan with topographical lines at five (5) foot
14. SEPA Checklist; and
15. A completed application form and the application fee, as
established by the City in a resolution for this purpose.
B. A registered land surveyor shall prepare a survey and map of the property
drawn in ink in one or more sheets of paper, which shall also conform to the following
requirements:
1. The map shall be to scale not less than 100 feet to the inch, on one
original eighteen -inch by twenty-four inch drawing, indicating north;
2. The boundary lines of the tract to be platted and the interior lot
lines, and relationship to adjacent properties shall be shown. (heavy line weight);
3. Length and bearing of the boundary lines and lot lines shall be
shown. The map shall be referenced to the state plane coordinate system (medium line
weight);
4. Location of monuments or evidence used as ties to establish the
boundaries shall be shown (medium line weight);
Ordinance No.015-15
Page 27 of 64
5. Approximate location and widths of existing buildings, structures,
utilities, underground storage tanks, dimensions of all easements and/or streets within
or adjoining the short plat, and applicable city or county file numbers shall be shown
(fine line weight);
6. A certification by the land surveyor stating that all requirements of
this title have been complied with;
weight);
7. The location of the nearest public street and utilities (medium line
8. The number assigned to each lot (heavy line weight);
9. The boundaries of all lands reserved in the deed for common use of
the property owners of the short subdivision (heavy line weight);
10. The survey and all of the materials required by this Subsection shall
be filed with the application for approval of the preliminary subdivision; and
11. Where a subdivision is to be developed in phases with a final plat
approved and recorded separately for each phase, the applicant shall request approval
of the phasing plan in the preliminary subdivision application. Each separate phase
shall meet the requirements of Section 26.20.050 below and all other applicable City
codes when considered independently from any other phase. Where an applicant
requests phasing after preliminary subdivision approval has been granted, phasing may
only be approved through modification of the preliminary subdivision approval using the
procedures in Section 26.20.100 below. If the applicant desires to phase the
subdivision by submitting final plat applications for one or more of the phases after the
deadline established in Section 26.20.090, a Subdivision Improvement Agreement
under Section 26.25.050 must be approved.
26.20.050 Criteria for Approval.
A. The applicant for a preliminary subdivision must demonstrate that the
application complies with all of the following:
All applicable statutory provisions, including but not limited to, RCW
58.17.195;
2. The City's zoning and building codes, and all other applicable laws
of the appropriate jurisdictions, including but not limited to, the health department;
Ordinance No.o15-15
Page 28 of 64
3. The City's comprehensive plan and all related elements, including,
but not limited to the comprehensive plan's capital facilities, water, sewer and
transportation elements.
4. Adequate Public Facilities. The applicant shall demonstrate that
there are adequate and available Public Facilities to support and service the area of the
proposed preliminary subdivision. The applicant shall, at the request of the City, submit
sufficient information and data on the proposed preliminary subdivision to demonstrate
the expected impact upon and use of Public Facilities by the possible uses and users of
the proposed preliminary subdivision. Public Facilities and services to be examined for
adequacy and availability will include roads and public transportation facilities,
sewerage and water service, police protection, and firefighting water flow and fire
apparatus access.
5. Water and Sewer. All habitable buildings and buildable lots in the
preliminary subdivision shall be connected to a public water system capable of providing
water for health and emergency purposes, including adequate fire protection, consistent
with the City's comprehensive water system plan. All habitable buildings and buildable
lots in the preliminary subdivision shall be served by an approved means of wastewater
collection and treatment, consistent with the City's comprehensive sewer plan. The City
shall consider the recommendation of the public works director, City engineer, the local
health department or other agency furnishing sewage disposal and supplying water as
to the adequacy of the proposed means of sewage and water supply.
6. Stormwater. Drainage improvements shall accommodate potential
runoff from the entire upstream drainage area flowing through the subdivision and shall
be designed to prevent increases in downstream flooding, in accordance with the City's
Stormwater Drainage Regulations. The City may require the use of control methods
such as retention or detention and/or the construction of offsite drainage improvements
to mitigate the impacts of the proposed developments.
7. Roads. Proposed roads shall provide an available, safe,
convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall
be properly related to the comprehensive plan; and shall be appropriate for the
particular traffic characteristics of each proposed development. Roads not dedicated to
the public must be clearly shown on the face of the plat.
8. Extension policies. All public improvements and required
easements shall be extended through the parcel in the proposed preliminary
subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines
and telecommunication lines shall be constructed through the subject property in the
preliminary subdivision to promote the logical extension of public infrastructure,
consistent with the requirements of RCW 82.02.020 and all other legal requirements.
ss
33 See footnote 29 to Section 26.15.050(A)(8).
Ordinance No.o15-15
Page 29 of 64
9. Flooding. If the proposed preliminary subdivision is in a flood
control zone as defined in chapter 86.16 RCW, it cannot be approved without the written
approval of the State Department of Ecology.
10. Irrigation. If the proposed preliminary subdivision lies in whole or in
part in an irrigation district organized pursuant to chapter 87.03 RCW, it cannot be
approved without compliance with RCW 58.17.310.
11. Model Homes. For the purpose of allowing the early construction of
model homes in a preliminary subdivision, the Hearing Examiner may permit a portion
of a preliminary subdivision involving no more than two lots to be created in accordance
with the procedures for short subdivisions in chapter 26.15, as long as the portion
derives access from an existing City, County or State highway, and provided no future
road or other improvement is anticipated where the lots are proposed. The short
subdivision application for the Model Homes shall be submitted to the City
simultaneously with the preliminary plat application for the preliminary subdivision. The
City shall not approve the short subdivision application for the Model Homes unless and
until the City approves the associated preliminary plat application. This procedure
requires the applicant for the short subdivision to waive any deadline in Section
26.15.070 for issuance of a final decision on the short subdivision.
B. A proposed preliminary subdivision application shall not be approved
unless the City makes written findings and conclusions that:
All of the requirements in Section 26.20.050(A) are satisfied;
2. Appropriate provision are made for the public health, safety and general
welfare and for such 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 and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school;
3. The public use and interest will be served by the platting of the preliminary
subdivision and dedication;
4. There are no flood, inundation or swamp conditions that preclude approval
under RCW 58.17.120. If the property is in a flood control zone as defined in chapter
86.16 RCW, the plat shall not be approved without the prior written approval of the
Washington State Department of Ecology;
5. The applicant agrees to install and dedicate all Public Facilities prior to the
City's approval of the final plat, unless the applicant has executed a Subdivision
Improvement Agreement and has provided the necessary security for the Agreement.
Ordinance No.015-15
Page 30 of 64
26.20.060 Dedications. Dedication of land to any public body, provision of Public
Facilities to serve the subdivision, and/or impact fees may be required as a condition of
subdivision approval. Dedications shall be clearly shown on the recorded plat. If the
preliminary plat includes a dedication of a public park with an area of less than two
acres and the donor has designated that the park be named in honor of a deceased
individual of good character, the city must adopt the designated name.
26.20.070 Time limitation for Final Decision. A preliminary plat application shall
be approved, approved with conditions or denied within one hundred -twenty (120)34
days after a complete application has been submitted, unless the applicant consents to
an extension in writing of such time period; PROVIDED that if an environmental impact
statement is required as provided in RCW 43.21 C.030, the one hundred -twenty (120)
day period shall not include the time spent preparing and circulating the environmental
impact statement by the City.
26.20.080 Effect of Preliminary Subdivision Approval.
A. Approval of the preliminary subdivision by the City shall constitute
direction to the applicant to develop construction plans and specifications for the
required Public Facilities, in strict conformance with the approved preliminary
subdivision, the street and utility standards adopted by the City and any special
conditions imposed on the approval.
B. Permission shall not be granted for installation of required Public Facilities
until all construction plans and specifications have been approved in writing by the City
Engineer, pursuant to Section 26.25.020.
26.20.090 Deadline for Submission of Final Plat Application. A final plat
application meeting all of the requirements of the preliminary subdivision approval and
this Title shall be submitted to the City for approval:
A. Within ten (10) years of the date of preliminary plat approval if the project
is within city limits, not subject to requirements adopted under chapter 90.58 RCW, and
the date of preliminary plat approval is on or before December 31, 2007; or
B. Within seven (7) years of the date of preliminary plat approval if the date
of preliminary plat approval is on or before December 31, 2014; or
C. Within five (5) years of the date of preliminary plat approval if the date of
preliminary plat approval is on or after January 1, 2015.35
34 Keep in mind that RCW 58.17.140 limits the final decision to 90 days but RCW 36.70B.080
allows the City to establish a deadline of 120 days for the final decision on project permit
applications, and a preliminary plat application is defined as a project permit application in RCW
36.706.020.
35 RCW 58.17.140.
Ordinance No.015-15
Page 31 of 64
26.20.100 Revisions to an Approved Preliminary Plat. An application for a
revision to an approved preliminary plat may be submitted before a final plat application
is submitted, as follows:
A. Minor Revisions to an Approved Preliminary Plat. The Director is
authorized to make the determination on a minor revision to an approved preliminary
plat without a public hearing.
1. Defined. Minor revisions to an approved preliminary plat are those
which do not change: (a) the plat boundaries; (b) the conditions of preliminary plat
approval; (c) road alignments or connections and/or do not increase the number of lots
by more than five percent or five (5) lots, whichever is less.
2. Application. A complete application for a preliminary plat revision
shall consist of the following:
a. application form and filing fee;
b. site plan showing the proposed modification, using the same
plan format as in the original approval;
C. explanation in narrative form of the requested modification;
3. Processing. The following steps shall be followed in the processing
of an application for a minor revision [hyperlink will be set to each procedure, so the
reader will be directed to the appropriate section of the permit processing title]:
a. 23.20.040 Determination of Complete Application;
b. 23.30.010 Notice of Application;
C. [Insert SEPA Chapter Number] SEPA (unless exempt
under WAC 197-11-800); and
d. 23.40.020 Determination of Consistency;
e. 23.50.100 Notice of Decision; and
f. 23.50.110 Administrative Appeal (if any).
4. Criteria for approval. The Director shall approve, approve with
conditions or deny a proposed minor preliminary subdivision revision application, as
long as the applicant demonstrates that all of the following criteria are satisfied:
a. The proposed revision meets the criteria in Section
26.20.050(A);
b. The revision will not be inconsistent with, or cause the
subdivision to be inconsistent with the findings, conclusions or decision made by the
City in its approval of the preliminary plat;
Ordinance No.015-15
Page 32 of 64
5. Time Limitation for Final Decision. The minor subdivision revision
application shall be approved, approved with conditions or denied within one hundred
twenty days (120) after a complete application is submitted, unless the applicant
consents to an extension in writing of such time period, PROVIDED, that if an
environmental impact statement is required as provided in RCW 43.21 C.030, the one
hundred -twenty day period shall not include the time spent preparing and circulating the
environmental impact statement by the City.
6. Deadline for Submission of Final Plat Not Extended. Approval of a
minor preliminary subdivision revision shall not extend the deadline set forth in Section
26.20.090 for submission of a final plat application to the City.
B. Major preliminary plat revisions.
1. Defined. A major preliminary plat revision is any application for a
revision of a preliminary plat that does not meet the definition of a minor preliminary plat
revision.
2. Application. An application for a major preliminary plat revision
shall include all of the elements of a complete preliminary plat application.
3. Criteria for Approval, Time Limitation for Final Decision. The
criteria for approval and the time limitation for a final decision of a major preliminary plat
revision shall be the same as those for a preliminary plat application.
4. Deadline for Submission of Final Plat Not Extended. Unless the
decision -maker on a major preliminary plat revision finds that the approved revision is in
the public interest, the deadline for submission of the final plat application in Section
26.20.090 shall not be extended.ss
Chapter 26.25
CONSTRUCTION PLANS, BONDS
AND SUBDIVISION IMPROVEMENT AGREEMENTS
26.25.010
Purpose.
26.25.020
Construction Plans — Engineering Review.
26.25.030
Completion of Public Facilities and Other Improvements.
26.25.040
Bonds.
26.25.050
Subdivision Improvement Agreements.
26.25.060
Temporary Improvements.
26.25.070
Cost of Improvements.
36 Should this section instead state that the deadline for submission of a final plat will absolutely
not be extended for a major preliminary plat revision? Otherwise, would it encourage a developer
to submit an .application for a revision in order to be able to make the public interest argument in
order to get extra time (when the time periods are already so long)?
Ordinance No.015-15
Page 33 of 64
26.25.080 Acceptance of Dedication Offers.
26.25.090 Inspection and Acceptance of Improvements.
26.25.010 Purpose. The purpose of this Chapter is:
A. To require the subdivider's submission of construction plans for
development of the subdivision to the City for review and approval of specific
construction details for all Public Facilities;
B. To ensure that the Public Facilities required as part of approvals granted
under this Title are built according to City standards;.
C. To allow Subdivision Improvement Agreements (or Development
Agreements) between the City and property owners for phasing of a preliminary plat or
to address any other situation in Section 26.25.040(A);
D. To address bonds and Subdivision Improvement Agreements between the
City and property owners/subdividers, allowing a limited deferral for the construction of
Public Facilities associated with the approval; and
E. To ensure that the required Public Facilities and public utilities are ready
and available for use when needed by the users of the subdivision.
26.25.020 Construction Plans — Engineering Review.
A. Construction plans are required for all applications which seek to divide
land and/or create parcels, tracts or lots under this Title. Following approval of the
application, the applicant shall submit the applicable plan and review fees to the City
Engineer, as well as three complete sets of construction plans and specifications (sheet
size 22 inches by 34 inches) prepared by an engineer registered in the State of
Washington, showing all Public Facilities or other improvements required by the
approval. The applicant shall identify, either on the plans or by separate document, the
engineer retained by the applicant to provide certification of all Public Facilities and
improvements.
B. The City Engineer's review of the plans shall not be subject to the permit
processing requirements of chapter 36.7013 RCW, chapter 23.30 or this Title. Such
plans must be approved by the City Engineer prior to the initiation of any work, including
grading, on the subject site. Approval of the construction plans shall expire according to
the deadlines established in this Title for the underlying application.
. C. After the City Engineer has approved the construction plans and
specifications, the applicant may proceed as follows:
Ordinance No.015-15
Page 34 of 64
(1) Prior to the submission of a final plat or final binding site plan
application for approval, or a short plat for recording, all streets, alleys, sidewalks,
pedestrian/bike connections, landscaping, storm drainage, utilities, monumentation,
street lights, trees, and any other Public Facilities or improvements shall be installed to
the satisfaction of the City Engineer, in conformance with the Public Works Standards
and this Title. If the applicant desires to defer construction for a limited time in order to
obtain final plat or final binding site plan approval, the applicant shall submit a request
for a Subdivision Improvement Agreement under Section 26.25.060.
(2) The applicant's engineer shall provide as -built drawings of all Public
Facilities, and all other improvements to be dedicated to and maintained by the City, to
the City Engineer for approval, in conformance with the Public Works Standards and
this Chapter.
26.25.030 Completion of Public Facilities and Other Improvements. Before a
short plat can be recorded or a final plat of a subdivision or final binding site plan
approved, all applicants are required to install all of the Public Facilities or other
improvements, as specified in the short plat, preliminary plat or preliminary binding site
plan approval, the Port Orchard Municipal Code or Public Works Standards. As an
alternative to such installation, the applicant may post a bond or execute a Subdivision
Improvement Agreement with appropriate security in order to record the short plat or
obtain approval of the final plat or binding site plan. Another prerequisite to such
recording or approval is the dedication of those improvements to the City or other utility,
free and clear of all liens and encumbrances on the dedicated property and Public
Facilities.
26.25.040 Bonds.
A. Performance Bond May Be Posted in Lieu of Construction. The City
Council in its sole discretion may waive the requirement that the public facilities or other
improvements or dedications be completed/satisfied prior to the recording of the final
plat. The city planning director, in his or her sole discretion, may waive the requirement
that the public facilities or other improvements and dedications be completed/satisfied
prior to the recording of the short plat or final binding site plan. In order for either of
these situations to apply, the applicant must post a bond in accordance with this
section.
B. When Performance Bond is Appropriate. The City may consider a number
of factors in the determination whether to allow a bond to be posted by an applicant,
including, but not limited to:
1. The date of the applicant's request to post a bond in light of the
deadline for recording of the short plat, or the deadline for submission of final plat or
Ordinance No.015-15
Page 35 of 64
final binding site plan applications,37 and the applicant's progress to date toward the
completion of the Public Facilities;
2. The consequences that could result from the applicant's
construction of the homes or other development contemplated by the proposed
approval, before the necessary Public Facilities are completed/installed; and
3. Any other issues that may affect the public health and safety.
C. Acceptable Bonds. No bond shall be accepted by the City unless it is
submitted on the form approved in advance by the City Attorney and from a bonding
company licensed to do business in the State of Washington. The City Engineer shall
determine the amount of the bond, which shall be no less than one hundred fifty percent
(150%) of the estimated cost of the Public Facilities or improvements. The City
Engineer shall make a recommendation as to the length of the bond, which shall be no
longer than 2 years after the final approval.
D. Warranty Bond. Once the Public Facilities have been constructed, the
dedications made and City has inspected and approved the Public Facilities, the
applicant shall provide the City with a Warranty Bond meeting all the requirements of
this Section to ensure the successful operation of the Public Facilities, for a period of
two years after such inspection and approval.
26.25.050. Subdivision Improvement Agreement.38
A. Purpose. A Subdivision Improvement Agreement may be entered into by
and between the City and the owner of property within the City, to address such project
elements as those set forth in RCW 36.70B.170(B)(3). The Subdivision Improvement
Agreement shall be consistent with the applicable development regulations of the City.
37 In other words, if a preliminary plat was approved on December 1, 2007 and the deadline for
submission of final plat is 10 years (under 26.20.090), should the City allow an applicant to post a
bond on November 1, 2017, so that the applicant will have another two years to construct the
3mprovements (when the applicant hasn't taken steps to construct them in the past 10 years)?
You may ask why a separate Subdivision Improvement Agreement is required, if a bond, letter
of credit or cash escrow is provided. It provides assurance that both the developer (who is the
most likely to provide a bond, letter of credit or cash escrow) and the property owner, are on the
hook to construct the necessary improvements within the established deadline. As an example,
assume that the City has granted final plat approval conditioned on the developer's cash escrow
agreement, which provides that the improvements must be installed within two years after final
plat approval. The developer has applied for building permits for 10 homes in the development
and has constructed all of them, but not the roads when the developer goes bankrupt. Contrary
to the letter of credit or cash escrow, the bank releases the funds to the developer and the
developer leaves the scene. (Or, the bond turns out not to be a bond, but just a written promise
from the developer.) What is the City's recourse to ensure that the roads are built within the two
year deadline in the developer's cash escrow agreement? If a Subdivision Improvement
Agreement is signed by the property owner and recorded against the property, the City can
enforce the Agreement to require the new property owner (or the bank) to construct the roads to
serve the 10 homes.
Ordinance No.015-15
Page 36 of 64
The consideration provided by the property owner for the City's decision to enter into
the Subdivision Improvement Agreement may vary, depending on the benefits that the
Agreement will provide to the City and/or the public in general. The City may require a
Subdivision Improvement Agreement in those situations where the Developer chooses
to post a bond or other security, in order to ensure that the requirement for installation of
the subdivision improvements is an obligation that runs with the subject property.
The Subdivision Improvement Agreement shall have a duration of not longer than 1
year after bond expiration. No Subdivision Improvement Agreement may extend the
deadlines for recording of a short plat in Section 26.15.080, or for submission of a final
plat in Section 26.20.090, or for submission of a final binding site plan in Section
26.40.090. Execution of a Subdivision Improvement Agreement as provided in this
Section or posting of a Performance Bond does not eliminate the requirement for the
applicant to post a Warranty Bond, pursuant to Section 26.25.040 (D). However, the
property owner may choose to address the requirement for a Maintenance Bond in the
Subdivision Improvement Agreement, as provided below.
B. Form. All Subdivision Improvement Agreements shall be on the standard
form, approved in advance by the City Attorney.
C. Effect. Subdivision Improvement Agreements are not project permit
applications and are not subject to the permit processing procedures in chapter 36.70B
RCW and Title 23 of this Code. A Subdivision Improvement Agreement shall constitute
a binding contract between the City and the property owner (and/or subsequent owners
of any later -acquired interests in the property identified in the Subdivision Improvement
Agreement). A Subdivision Improvement. Agreement governs the construction of the
Project identified in the Agreement during the term of the Agreement, or for all or that
part of the build -out period specified in the Agreement. A permit or approval granted by
the City after execution of a valid Subdivision Improvement Agreement must be
consistent with the Agreement.
D. Limitations. Any provision of the Subdivision Improvement Agreement
which requires the City to: (1) refrain from exercising any authority; (2) forego adoption
of any development regulations affecting the property identified in the agreement; (3)
allow vesting beyond the applicable deadlines for a phased development; shall be
limited to a period of twenty (20) years. The Agreement shall also contain a proviso that
the City may, without incurring any liability, engage in action that would otherwise be a
breach of the Agreement if the City makes a determination on the record that the action
is necessary to avoid a serious threat to public health and safety, or if the action is
required by federal or state law.
E. Termination and Modification. Every Subdivision Improvement Agreement
shall have an identified, specific termination date. Upon termination, any further
development of the property shall conform to the development regulations applicable to
the property. The City shall not modify any Agreement by extending the termination
Ordinance No.015-15
Page 37 of 64
date except in certain limited circumstances where additional consideration has been
provided to the City. Any request for modification of the Agreement, and any required
application revision, shall be consistent with the City's development regulations
applicable to the property at the time of the request, not the original execution date of
the Agreement or earlier.
F. Application Requirements. A complete application for a Subdivision
Improvement Agreement shall consist of the following:
1. Name, address, telephone number and e-mail address of the
property owner. If the applicant is not the property owner, the applicant must submit a
verified statement from the property owner that the applicant has the property owner's
permission to submit the application;
2. Address, parcel number and legal description of the property
proposed to be subject to the Subdivision Improvement Agreement;
3. Recent title report confirming that the property identified in the
application is owned by the applicant/property owner signing the verified statement;
4. SEPA Checklist;
5. Identification of the application that is related to the Subdivision
Improvement Agreement;
6. A completed application form and application fee established by the
City in a resolution adopted for this purpose;
7. Any other information requested by the Community Development
Director relevant to the processing of the Subdivision Improvement Agreement.
G. Covenants Recorded Against the Property. The Subdivision Improvement
Agreement must be signed by the owner(s) of the property, shall run with the land and
bind all heirs or successors of the property.
H. Security Required. The City may require that the developer provide a
letter of credit or cash escrow as security for the promises contained in the Subdivision
Improvement Agreement. Either security shall be in an amount equal to one hundred
twenty percent (120%) of the estimated cost of completion of the required public
improvements.
1. Letterof Credit. If the applicant chooses to post a letter of credit,
as security for the Subdivision Improvement Agreement, such form shall be approved in
advance by the City Attorney. The letter of credit shall be (a) irrevocable; (b) for a term
sufficient to cover the completion, maintenance and warranty periods for the
Ordinance No.015-15
Page 38 of 64
improvements; and (c) require only that the City present the letter of credit with a sight
draft and an affidavit signed by the City Attorney, attesting to the City's right to draw
funds under the Letter of Credit.
2. Cash Escrow. If the applicant posts a cash escrow as security for
the Subdivision Improvement Agreement, such form shall be approved in advance by
the City Attorney. The Escrow instructions shall provide that (1) the subdivider will have
no right to a return of any of the funds except as provided herein; and (2) that the
escrow agent shall have a legal duty to deliver the funds to the City whenever the City
Attorney presents an affidavit to the agent, attesting to the City's right to receive funds,
whether or not the subdivider protests that right.
If and when the City accepts the offer of dedication for the last completed
required Public Facility, the City shall execute a waiver of its right to receive all but a
pre -arranged amount of the "residual" portion of the funds. The residual funds shall be
security for the applicant's covenant to maintain the required Public Facilities and to
warrant that the same will be free from any defects for the required two year period.
Phasin .
1. In order to phase a project to extend the vested rights associated
with an underlying project permit application, a Subdivision Improvement Agreement is
required. This ensures the availability of Public Facilities and Services to all of the
property in the identified individual phases, allows tracking of the available capacity of
public facilities and utilities during each phase of construction, and with the extension of
the vested rights associated with the project, provides certainty to the developer in the
subsequent development approval process.
2. The deadlines in this Title shall be consulted to establish the
baseline vesting period. The City is not required to extend these vesting periods. If the
City decides to do so in a Subdivision Improvement Agreement, it must be in exchange
for the property owner's provision of corresponding benefits to the City in the form of, for
example, contributions to public facilities and amenities over and above what would
normally be required. In any event, the City shall not allow vesting to extend beyond the
twenty (20) year period established in Subsection D above.
3. A Subdivision Improvement Agreement for a phased development
shall include (in addition to the requirements for a complete application in Subsection F
above, all of the following:
a. identification of the phasing schedule;
b. identification of the number of phases and lots included in
each phase;
C. identification of the approximate dates for construction of
public streets, public utilities and other improvements in each phase;
Ordinance No.015-15
Page 39 of 64
d. identification of the approximate dates for commencement of
development of each lot, lot sales and building occupancy;
e. identification of the benefits that the property owner will
provide to the City in exchange for permission to phase the development according to
the proposed schedule;
f. establishment of the deadline for the property owner to
submit development applications;
g. a description of the manner in which each phase is designed
such that all site requirements are satisfied independently of phases yet to be given final
approval and constructed;
h. a description of the manner in which the property owner will
ensure that adequate public facilities are available when the impact of development
occurs. The property owner shall acknowledge in the Subdivision Improvement
Agreement that if the demand for public facilities or services needed to accommodate a
subsequent development phase increases following the issuance of a development
permit for a prior phase in the approval process, or if public facilities or services
included in a concurrency or SEPA determination are not constructed as scheduled in
the City's capital facilities plan, final development approval may have to be delayed for
future phases pending the achievement of the adopted levels of service.
J. Processing Procedures.
1. Consolidation. Whenever possible, the Subdivision Improvement
Agreement shall be consolidated for processing with an underlying project permit
application or other application for approval. If consolidated, the property owner must
agree to waive the deadline for a final decision on the underlying project permit
application, as well as the prohibition on no more than one open record hearing and one
closed record hearing on the underlying project permit application in RCW 36.7013.080
and .060(3).
2. Public Hearing. While the Director or the Hearing Examiner may
provide a recommendation on a Subdivision Improvement Agreement (even if the
Director or Hearing Examiner makes the final decision on the underlying project permit
application), the City Council shall make the final decision whether to approve the
Agreement by ordinance or resolution after a public hearing. Modifications to the
Agreement shall be in writing, signed by the duly authorized representatives of the
parties, be consistent with this Title and follow the same procedures set forth in this
Title.
3. Appeal. A Subdivision Improvement Agreement associated with an
underlying project permit application may be appealed in the same manner and within
the same deadline as the underlying project permit application.
26.25.060 Temporary Improvements. The applicant shall pay for and build all
temporary improvements required by any approval, and shall maintain those
Ordinance No.015-15
Page 40 of 64
improvements as set forth in the approval. Prior to the construction of any temporary
improvement, the applicant shall provide a bond, or Subdivision Improvement
Agreement with a cash escrow or cash set aside in an amount established by the City
Engineer to ensure that the temporary facilities/improvements will be properly
constructed, maintained and timely removed.
26.25.070 Cost of Improvements. All required Public Facilities or other
improvements shall be constructed by the applicant/property owner, at its expense,
without reimbursement by the City, unless otherwise specified in the project permit
approval or Subdivision Improvement Agreement with the City. To the extent allowed
by law, the City may form or cause to be formed a local improvement district or
latecomers' agreement for the construction and financing of the required Public
Facilities, excluding on -site improvements on individual lots. If such district is formed or
latecomer agreement signed, the applicant/property owner shall not be released from its
obligation (as set forth in the bonds, cash escrow or cash set aside) to construct the
Public Facilities until complete or the City is satisfied that a subsequent guarantee will
cover performance.
26.25.080. Acceptance of Dedication Offers.. Acceptance of formal offers of
dedication of streets, public areas, easements and parks shall be by ordinance or
resolution of the City Council. The approval of the final plat shall not be deemed to
constitute or imply acceptance by the City of any street, easement or park shown on the
plat.39
26.25.090 Inspection and Acceptance of Improvements.
A. General Procedure. The subdivider/property owner shall pay an
inspection fee based on the estimated cost of the inspection, which fees shall be due
and payable upon inspection. No building permits or certificates of occupancy shall
issue until the fees are paid. If the City Engineer finds that one or more of the required
Public Facilities or other improvements have not been constructed in accordance with
the City's approval of the plans and specifications or the applicable standards and/or
approval, the subdivider/property owner shall be responsible for any corrections and
completion of the improvements.
39 The reason for this is the potential exposure to liability for the City. For example, if a
developer constructs all public streets in a preliminary plat to the City prior to final plat approval,
the City Engineer will inspect them and recommend that the City Council accept them. If the City
doesn't require a separate instrument for dedication, the approval and recording of the plat will
constitute such acceptance. No problem. Here is the problem example. A developer asks that
the City allow him/her to bond in lieu of construction of the streets prior to final plat approval. The
City agrees, so the City approves the final plat and it is recorded. After recording, the developer
obtains building permits and constructs three houses. The developer also constructs a road so
that prospective home owners can visit the subdivision to select a lot for their new homes.
Someone traveling on this new road — which hasn't been inspected by the City Engineer or
accepted by the City — has an accident. The person having the accident sues the developer and
the City, claiming that the recording of the plat constitutes the City's acceptance of dedication, so
the City is partially responsible.
Ordinance No.015-15
Page 41 of 64
B. Release of Security. The City will not accept dedication of required Public
Facilities or improvements, nor release nor reduce the amount of any security posted by
the subdivider until the City Engineer has submitted a certificate stating:
(1) that all required Public Facilities or other improvements have
been satisfactorily completed; and
(2) the subdivider's engineer or surveyor has certified to the City
Engineer, through the submission of a detailed "as, built" survey plat of the
subdivision, indicating location, dimensions, materials and other information
required by the City's public works standards, that the layout of the line and
grade of all transportation facilities, Public Facilities or other improvements is in
accordance with the approved construction plans for the subdivision or binding
site plan.ao
C. City's Acceptance. Upon the recommendation for approval of the City
Engineer, the City Council shall thereafter accept the improvements for dedication in an
ordinance or resolution adopted for this purpose.
D. Maintenance of Improvements. The subdivider/property owner shall be
required to maintain all required Public Facilities until the dedication of same is formally
accepted by the City. Following the acceptance of the Public Facilities, the subdivider
shall provide a Warranty Bond or other security to the City as required by Section
26.25.040(D).
E. Issuance of Building Permits and Certificates of Occupancy. When
a bond and/or other security with a Subdivision Improvement Agreement have
been accepted by the City for the construction of Public Facilities or other
improvements in a short plat, final plat or final binding site plan, the City shall not
issue a certificate of occupancy for any building in the development prior to the
completion of the required public facilities or improvements and the acceptance
of the dedication of those facilities or improvements by the City.41 The City
Engineer may authorize the issuance of up to fifty (50) percent of the building
permits for the lots in the subdivision if: (a).the applicant is not in default of the
Subdivision Improvement Agreement; and (b) the applicant has constructed and
the City has inspected/accepted the Public Facilities or other improvements
necessary to serve the lots for which such building permit applications have been
submitted.
40 See, RCW 58.17.160.
41 In other words, the developer may post a bond in lieu of construction of the public improvements in
order to get final plat approval. And then, the developer may apply for building permits for the structures
in the plat. However, the City will not issue certificates of occupancy for the structures until the public
improvements are constructed, inspected, and accepted for public ownership/maintenance. After the
certificate of occupancy issues, the developer will sell the homes, and so the improvements must be in
place.
Ordinance No.015-15
Page 42 of 64
Chapter 26.30
FINAL PLATS AND FINAL BINDING SITE PLANS
26.30.010
Purpose.
26.30.020
Administration.
26.30.030
Procedure.
26.30.040
Requirements for a Complete Application.
26.30.050
Prescribed Forms.
26.30.060
Review and Approval Process.
26.30.070
Time Limitation for Final Decision.
26.30.080
Effect of Approval.
26.30.010 Purpose. The purpose of the provisions in this chapter is to regulate the
process for final plat and final binding site plan approval. No building permits for
development of a preliminary subdivision or preliminary binding site plan may be applied
for until final plat or final binding site plan approval has been granted, unless the
subdivider/property owner has posted a bond or other security with a Subdivision
Improvement Agreement, pursuant to chapter 26.25.050 of this Title.
26.30.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter. The City Council has the authority to approve or deny final
plats during a public meeting. The Director has the authority to administratively approve
or deny final binding site plan approval without a hearing.
26.30.030 Procedure. The following steps shall be followed in the processing of a final
plat application: [hyperlink will be set to each procedure, so the reader will be directed
to the appropriate section of the permit processing title]
A. 23.20.040 Determination of Complete Application;
B. 23.40.020 Determination of Consistenc�2;
C. 26.30.060 (C) City Council Public Meeting;
D. 23.50.100 Notice of Decision.
26.30.040 Requirements for a Complete Application. A complete final plat or final
binding site plan application shall include all of the following:
A. The application form provided by the City, which shall include the name,
address and telephone number of the subdivider, property owner and the date of
submission;
42 There is no public hearing or meeting for a final plat or final binding site plan approval.
Ordinance No.015-15
Page 43 of 64
B. A final plat map meeting the requirements of preliminary plat approval,
chapter 26.20, and chapter 58.17 RCW, in the form required by and including the
certifications and dedications described in chapter 26.30.50. Every plat containing a
dedication filed for record must be accompanied by a recent title report confirming that
the title of the lands as described and shown on said plat is in the name of the owners
signing the certificate or instrument of dedication;
C. A recordable survey and surveyor's signature meeting the requirements of
Chapter 58.09 RCW and RCW 58.17.250.
D. If the Public Facilities required by the preliminary plat will not be
constructed prior to final plat (as allowed by a bond or other security with a Subdivision
Improvement Agreement, pursuant to Section 26.25.050), the subdivider's engineer
shall provide cost information for construction and installation of all Public Facilities,
including but not limited to the following:
1. Water mains and appurtenances. Total cost by number of feet and
the cost of any other associated improvement by item, including water services;
feet;
2. Storm Drains. Total cost by size and number of feet;
3. Sanitary Sewer. Total cost by size and number of feet;
4. Pedestrian/Bike Connections. Total cost by size and number of
5. Landscaping, including street trees, total cost;
6. Other on or off -site improvements as required.
E. The application and five copies of the materials set forth above shall be
submitted to the City along with the original signed by the owner and registered land
surveyor.
F. The applicable final plat application fee.
26.30.050 Prescribed Form. The final plat, short plat or final binding site plan shall
be submitted to the City in the form and manner prescribed in this Section.
A. Form.
1. The short plat, final plat or final binding site plan, containing all of
the information specified in this chapter, shall be prepared in a neat and legible manner
in permanent drawing ink or equivalent on mylar film or better. The applicant shall also
Ordinance No.015-15
Page 44 of 64
submit an electronic copy to the City of the approved final plat. All documents, maps,
survey calculations and notes shall contain the name of the subdivision, the name(s) of
the applicant(s) and the name of the registered land surveyor responsible to the
applicant(s); and
2. The plat or final binding site plan map shall be 18 inches by 24
inches with a one-half inch border on the top, bottom and right-hand margins and a two -
and one-half inch border on the left-hand or binding margin.
B. Specific Requirements. The short plat, final plat or final binding site plan
shall clearly show the following information:
1. The lines and names of all streets and other public ways,
pedestrian/bike path connections, parks, playgrounds and easements intended to be
dedicated for public use and/or common areas granted for use of inhabitants of the
subdivision;
2. The lines and names of all existing or platted streets or other public
ways, pedestrian/bike connections, parks, playgrounds and easements adjacent to the
subdivision, including municipal boundaries, township lines and section lines;
3. The lengths and bearings of all straight lines, curve radii, curve
delta, arcs and semitangents (where appropriate) of all curves;
4. All bearings and dimensions along the lines of each lot together
with any other data necessary for the location of any lot lines in the field. All bearings
shall be referenced to the Washington Coordinate System, WM Zone;
5. All easements and associated restrictions and maintenance
provisions;
6. Building setbacks;
7. Tracts or areas set aside for environmental protection, tree
retention, community open space, common access or any other restricted use with
associated restrictions and maintenance provisions clearly defined;
8. The area of all lots and tracts expressed in square feet;
9. Suitable primary control points, approved by the City Engineer, on
descriptions and ties to such control points, to which all dimensions, angles, bearings
and similar data given on the plat shall be referred;
10. The location of all permanent monuments;
Ordinance No.015-15
Page 45 of 64
11. The names of all subdivisions immediately adjacent thereto;
12. The date, north arrow, scale, datum plane, and date of survey;
13. The boundary of the tract with the courses and distances marked
thereon as determined by a field survey made by a registered land surveyor of the state;
14. A vicinity sketch map of approximately 800 feet to the inch;
15. Street names; and
16. The stamp and signature of a surveyor licensed in the State of
Washington.
C. All linear dimensions shall be given in feet and decimals of a foot to the
nearest hundredth.
D. The scale of the short plat, final plat or final binding site plan will be 100
feet to the inch, or as approved by the director.
E. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original
plat shall be shown by dotted lines in their proper positions relative to the new
arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid
ambiguity.
F. Document forms. All short plats, final plats, replats or final binding site
plan shall contain the elements listed in RCW 58.17.160. In addition, the legal
description of the subdivision or binding site plan and easements, dedications,
acknowledgements, and other statements, shall appear substantially in the form as
follows:
Easements (sample utility easement):
An easement is reserved for and granted to (the names of all the utilities,
public and private, serving the area) and their respective successors and
assigns under and upon the exterior ten (10) feet of front boundary lines of
all lots and tracts, in which to install, lay, construct, renew, operate,
maintain and remove utility systems, lines, fixtures and appurtenances
attached thereto, for the purpose of providing utility services to the
subdivision and other property, together with the right to enter upon the
lots and tracts at all times for the purposes stated, with the understanding
that any grantee shall be responsible for all unnecessary damage it
causes to any real property owner in the subdivision by exercise of rights
and privileges herein granted.
Ordinance No.015-15
Page 46 of 64
2. Dedication. Roads not dedicated to the public must be
clearly marked on the face of the plat. 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 said donor or donees, grantee or
grantees, for his, her or their use for the purpose intended by the grantors
or donors.
Know All Men by these Presents that we, the undersigned owners in the
fee simple or contract purchaser and mortgage holder of the land hereby
platted, hereby declare this plat and dedicate to the use of the public
forever all streets and avenues shown thereon and use thereof for all
public purposes not inconsistent with the use thereof for public highway
purposes; also the right to make all necessary slopes for cuts and fills
upon the lots and blocks shown on this plat in the original reasonable
grading of the streets and avenues shown hereon. The undersigned
owners hereby waive all claims for damages against any governmental
authority which may be occasioned to the adjacent land by the established
construction, drainage and maintenance of said road.43 This subdivision
has been made with our fee consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
[Signature blocks and Notary Certificate to follow.]
3. Acknowledgements or Notary Certificate. The forms for Notary
Certificates are set forth in RCW 42.44.100.
4. Surveyor's Certificate.
I hereby certify that the plat of is based upon a complete and
actual survey and subdivision of Section _, Township , Range ,
East W.M.; that the courses and distances are shown correctly thereon,
that the monuments have been set and the lot and block corners staked
correctly on the ground; that this is a true and correct representation of the
lands actually surveyed and that I have fully complied with the provisions
of the statutes and platting regulations.
Certificate:
Expiration:
Date:
43 This waiver may be required by the City pursuant to RCW 58.17.165 where the City accepts a
street or avenue as part of short/final plat approval.
Ordinance No.015-15
Page 47 of 64
5. City Engineer's Approval.44
I hereby certify that this final/short plat is consistent with all applicable
Town/City improvement standards and requirements in force on the date
of preliminary/short plat approval. I have approved this final/short plat as
to the layout of streets, alleys and other rights -of -way, design of bridges,
sewage and water systems and other structures. Examined and approved
by me this day of , 201_.
City Engineer.
6. City Council Approval.
Approved by the City Council of the City of , this day of
ATTEST:
City Clerk
Mayor
7. City Finance Director Approval.
I hereby certify 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.
Executed this day of , 201_.
Finance Director
8. County Treasurer Approval.
as No engineer who is connected in anyway with the subdividing and platting of the land for
which subdivision approval is sought, shall examine and approve such plats on behalf of any city,
town or county. RCW 58.17.160(4).
Ordinance No.015-15
Page 48 of 64
This is to certify that all taxes heretofore levied 'and which has become a
lien upon the lands herein described, have been fully paid and discharged,
according to the records of my office, up to and including the year
Executed this day of , 201_.
County Treasurer
9. County Auditor.
Filed at the request of , this day of
201_, and recorded in Volume of Plats, page(s) ,
Records of County, Washington.
County Auditor
26.30.060 Review and Approval Process.
A. Staff Review. Once the final plat or final binding site plan application has
been received and determined complete, the staff will determine whether all of the
Public Facilities required by the preliminary plat or preliminary binding site plan approval
have been constructed. Such Public Facilities shall be completed to the satisfaction of
the City Engineer. In addition, the applicant shall submit an irrevocable offer to dedicate
the improvements to the City, free and clear of all liens and encumbrances on the
dedicated property and Public Facilities. No final plat or final binding site plan shall be
approved unless all of the Public Facilities required by preliminary plat or preliminary
binding site plan approval have been constructed, or the applicant has provided the City
with a bond or a Subdivision Improvement Agreement with the necessary security to
guarantee completion of such improvements.
B. Staff Recommendation. The City Engineer shall forward the final plat
application to the City Council (or recommend approval of the final binding site plan to
the Director) if:
The application is complete; and
2. The Public Facilities or other improvements are constructed in a
satisfactory manner and approved by the City Engineer, or, in the alternative, a bond or
security with a Subdivision Improvement Agreement has been provided pursuant to
chapter 14.05.
Ordinance No.015-15
Page 49 of 64
C. Action.
1. Final plat. After receipt of the recommendation of the staff on the
final plat, the City Council shall consider the final plat application at a public meeting.
When the Council finds that the subdivision proposed for final plat approval conforms to
all terms of preliminary plat approval and that said subdivision meets the requirements
of this Title 26, chapter 58.17 RCW other applicable City codes, state laws, and any
local ordinances adopted under chapter 58.17 RCW which were in effect at the time of
preliminary plat approval, the Council shall authorize the Mayor to suitably inscribe and
execute the City's approval on the face of the plat.
2. Final Binding Site Plan. After receipt of the recommendation of the
staff on the final binding site plan, the Director shall consider the final binding site plan
application and determine whether: (a) it meets all of the terms of preliminary binding
site plan approval; and (b) all of the applicable requirements of this Title 26, other City
codes, state law and any local ordinances adopted under chapter 58.17 RCW which
were in effect at the time of preliminary binding site plan approval. If the application
satisfies all of the criteria in this subsection, the Director shall suitably inscribe and
execute the City's approval on the face of the binding site plan.
D. The subdivider shall furnish the City with one permanent reproducible
copy, mylar or better quality, of the final plat, including all recording data and covenants.
Paper and electronic copies shall be supplied to the City within five days of the
Council's approval. The City shall file the original approved final plat with the County
auditor within thirty (30) working days after approval by the City Council at the
subdivider's cost. One paper copy shall be filed with the County Auditor.
26.30.070 Time Limitation for Final Decision. The final decision to approve or
deny a final plat shall be made by the Council within thirty (30) days after the final plat
application was determined complete. The Director's final decision to approve or deny
a final binding site plan shall be made within thirty (30) days after the final binding site
plan application was determined complete.
26.30.080 Effect of Approval.
A. Any lots in a final plat or filed for record shall be a valid land use,
notwithstanding any change in zoning laws for a period of ten (10) years from the date
of filing if the final plat is within City limits, not subject to the requirements adopted
under chapter 90.58 RCW and the date of filing is on or before December 31, 2007.
B. Except as provided by (A) of this Section, 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 seven (7) years from the date of filing if the date of filing is on or before December 31,
2014, and for a period of five years from the date of filing if the date of filing is on or
after January 1, 2015.
Ordinance No.015-15
Page 50 of 64
C. Except as provided by (D) of this section, a subdivisions 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 seven (7)
years after final plat approval if the date of final plat approval is on or before December
31, 2014, and for a period of five (5) years after final plat approval if the date of the final
plat approval is on or after January 1, 2015, unless the City Council finds that a change
in conditions creates a serious threat to the public health or safety in the subdivision.
D. 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 ten (10) years after final plat approval if the
final plat, not subject to requirements adopted under chapter 90.58 RCW, and the date
of final plat approval is on or before December 31, 2007, unless the City Council body
finds that a change in conditions creates a serious threat to the public health or safety in
the subdivision.4
Chapter 26.35
Vacation and Alteration
Of Final Plats and Final Binding Site. Plans.
Sections:
26.35.010
Purpose.
26.35.020
Administration.
26.35.030
Procedure.
26.35.040
Requirements for a Complete Application.
26.35.050
Criteria for Approval.
26.35.060
Time Limitation for Final Decision.
26.35.070
Recording.
26.35.010 Purpose. The purpose of this chapter is to regulate and allow vacation or
alteration of approved final plats and approved final binding site plans. It does not allow
modification or revision of preliminary plats or preliminary binding site plans. The
procedure for vacation of plats does not apply to the vacation or alteration of any plat of
state -granted tide or shore lands.
When the vacation application is specifically for a city street, the procedures for street
vacations in RCW 35.79 RCW shall be utilized for the street vacation.46 When the
application is for the vacation of the plat or binding site plan together with the
roads/streets, the procedure for vacation in this chapter shall be used, but vacations of
streets subject to RCW 35.79.035 may not be made under this procedure.
as RCW 58.17.170.
as By repealing chapter 16.72 POMC, we also repealed Section 16.72.250, on the subject of
street vacations. However, this Section was outdated and inconsistent with chapter 35.79 RCW.
I have provided the City with a new chapter on street vacations.
Ordinance No.015-15
Page 51 of 64
26.35.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter. The authority to approve, approve with conditions or deny
proposed plat and binding site plan vacations or alterations is granted to the Hearing
Examiner after a public hearing.
26.35.030 Procedure. The following steps shall be followed in the processing of
vacation or alteration applications. [hyperlink will be set to each procedure, so the
reader will be directed to the appropriate section of the permit processing title]
A.
23.20.040
Determination of Complete Application;
B
23.30.010
Notice of Application;
C.
[Insert SEPA Chapter Number] SEPA;
D.
23.40.020
Determination of Consistency;
E.
23.30.050
Notice of Public Hearing (see also, additional public
hearing notice
below);
F.
23.50.020 (C)
Preparation of Staff Report;
G.
23.50
Public Hearing;
H.
23.50.100
Notice of Decision; and
I.
23.50.110
Administrative Appeal (if any).
Additional Notice of Public Hearing. In addition to the notice provided above, the City
shall provide notice of an application for vacation or alteration to all owners of property
within the subdivision (excluding the owners of property submitting the application), and
as provided for in RCW 58.17.080 and 58.17.090. The notice shall establish the date of
the public hearing.
26.35.040 Requirements for a Complete Application. The following materials
shall be submitted to the City for a complete application:
A. Vacation Application:
1. Date, name, address and telephone number of the applicant and/or
property owner;
2. The reason(s) for the proposed vacation;
3. Signatures of all parties having an ownership interest in the
subdivision or that portion of the subdivision proposed to be vacated;
4. If the subdivision or binding site plan is subject to restrictive
covenants which were filed at the time of the approval of the subdivision, and the
application for the vacation would result in the violation of a covenant, the application
shall include an agreement signed by all parties subject to the covenants, which
provides that the parties agree to terminate or alter the restrictive covenants to
accomplish the purpose of the vacation of the subdivision or portion thereof;
Ordinance No.015-15
Page 52 of 64
5. Acknowledgement that if any street is included in the application for
a vacation, that the applicant shall be required to pay the amount contemplated in RCW
35.79.030, if the vacation is granted;
6. A copy of the approved plat or binding site plan sought to be
vacated, together with all plat or binding site plan amendments recorded since the date
of the original approval;
7. A recent title report for each property affected by the vacation,
confirming that the title of the lands as described and shown in the proposed vacation
area is in the name of the owner(s) signing the application; and
8. If the vacation is for a portion of the subdivision or binding site plan,
the applicant must demonstrate that the partial vacation will not violate the terms of
subdivision or binding site plan approval or this Chapter.
9. An application fee.
B. Alteration Application.
1. Date, name, address and telephone number of the applicant and/or
property owner;
2. The reason(s) for the proposed alteration;
3. Signatures of the majority of those persons having an ownership
interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be
altered;
4. If the subdivision or binding site plan is subject to restrictive
covenants which were filed at the time of the approval of the subdivision or binding site
plan, and the application for 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 of the subdivision or binding site plan;
5. A copy of the proposed plat sought to be altered, together with all
plat amendments recorded; and
6. A recent title report for each property affected by the vacation,
confirming that the title of the lands as described and shown in the proposed vacation
area is in the name of the owner(s) signing the application. .
7. If the alteration is for a portion of the subdivision or binding site
plan, the applicant must demonstrate that the alteration will not violate the terms of
subdivision or binding site plan approval or this Chapter
26.35.050 Criteria for Approval.
A. Vacation Criteria.
1. Vacation. The plat or binding site plan vacation may be approved,
approved with conditions or denied after a written determination, with findings and
conclusions, is made whether the public use and interest will be served by the vacation.
If any portion of the land contained in the subdivision or binding site plan was dedicated
to the public for public use and benefit, such land, if not already deeded to the City, shall
Ordinance No.015-15
Page 53 of 64
be deeded to the City as a condition of approval, unless the City decision -maker shall
make findings that the public use would not be served in retaining title to those lands.
Easements established by a dedication are property rights that cannot be extinguished
or altered without the approval of the easement owner or owners, unless the plat,
binding site plan or other document creating the dedicated easement provides or an
alternative method or methods to extinguish or alter the easement.
2. Street Vacation. When the vacation application is specifically for
vacation of a City street, the City's street vacation procedures (and/or the procedures in
chapter 35.79 RCW) shall be utilized. When the procedure is for the vacation of a plat
or binding site plan together with the streets, the vacation procedure in this chapter shall
be used, but vacation of streets may not be made that are prohibited under RCW
35.79.035 or the City's street vacation ordinance.47
3. Title to Vacated Property. Title to the vacated property shall vest
with the rightful owner as shown on the county records. If the vacated land is land that
was dedicated to the public, for public use other than a road or street, and the legislative
authority has found that retaining title to the land is not in the public interest, title thereto
shall vest with the person(s) owning the property on each side thereof, as determined
by the legislative authority. When the road or street that is to be vacated with contained
wholly within the subdivision or binding site plan and is part of the boundary of the
subdivision or binding site plan, title to the vacated road or street shall vest with the
owner(s) of property contained within the vacated subdivision or binding site plan.
B. Alteration Criteria. The alteration may be approved, approved with
conditions or denied after a written determination, with findings and conclusions, is
made whether the public use and interest will be served by the alteration. If any land
within the alteration area is part of an assessment district, any outstanding assessments
shall be equitably divided and levied against the remaining lots, parcels or tracts, or be
levied equitably on the lots resulting from the alteration. If any land within the alteration
contains a dedication to the general use of persons residing within the subdivision, such
land may be altered and divided equitably between the adjacent properties.
26.35.060 Time Limitation for Final Decision. A vacation or alteration application
shall be approved, approved with conditions or denied within one hundred -twenty (120)
days after a complete application has been submitted, unless the applicant consents in
writing to an extension of such time period.
26.35.070 Recording. After approval of the alteration or vacation, the City shall
order the applicant to produce a revised drawing of the approved alteration or vacation
of the short plat, final plat or binding site plan. The Council shall authorize the Mayor to
sign the approved short plat or final plat, and then the City shall file it with the County
auditor at the applicant's cost, to become the lawful plat of the property (or to vacate the
47 This procedure was repealed (Section 26.72.250). 1 provided the City with a new street
vacation ordinance.
Ordinance No.015-15
Page 54 of 64
previously approved plat). The Director shall sign the approved binding site plan and
arrange for filing with the county auditor at the applicant's cost.
Chapter 26.40
BINDING SITE PLANS
26.40.010
Purpose and Applicability.
26.40.020
Administration.
26.40.030
Procedure for Preliminary Binding Site Plan.
26.40.040
Requirements for a Complete Application.
26.40.050
Review of Binding Site Plan Application.
26.40.060
Criteria for Approval.
26.40.070
Dedications.
26.40.080
Time Limitation for Final Decision.
26.40.090
Effect of Preliminary Binding Site Plan Approval; Expiration.
26.40.100
Deadline for Submission of Final Binding Site Plan Approval.
26.40.110
Revisions to an Approved Preliminary Binding Site Plan.
26.40.120
Procedure for Final Binding Site Plan.
26.40.010 Purpose and Applicability. The purpose of this chapter is to establish
the binding site plan procedure, as an alternative to the procedures for subdivision of
land, for the following limited circumstances only:
A. To divide land for sale or lease of commercially or industrially zoned
property;48
B. To divide land for lease when no residential structure other than mobile
homes or travel trailers are permitted to be placed upon the land;49 and
C. To divide land into lots or tracts if a portion or all of the land will be subject
to the procedures for condominiums in chapters 64.32 (the Horizontal Property Regimes
Act (Condominiums) or 64.34 (the Condominium Act) RCW.50
26.40.020 Administration. The Director is authorized and directed to administer the
provisions of this chapter and is granted the authority to approve or disapprove
proposed preliminary and final binding site plans without a hearing in accordance with
this chapter.
26.40.030 Procedure for Preliminary Binding Site Plan. The following steps shall
be followed in the processing of preliminary binding site plan applications. [hyperlink
48 As provided in RCW 58.17.040(4).
49 RCW 58.17.040(5).
" RCW 58.17.040(7).
Ordinance No.015-15
Page 55 of 64
will be set to each procedure, so the reader will be directed to the appropriate section of
the permit processing title]
A. 23.20.040 Determination of Complete Application;
B 23.30.010 Notice of Application;
C. [Insert SEPA Chapter Number] SEPA;
D. 23.40.020 Determination.of Consistency;
E. 23.50.020 (E) Notice of Decision by Director; and
F. 23.50.110 Administrative Appeal (if any).
26.40.040 Requirements for a Complete Application. The following materials
shall be submitted to the City for a complete preliminary binding site plan application:
A. Seven copies of the application form provided by the City. The application
shall contain the following information:
1. The proposed name of the proposed binding site plan, which shall
not be the same as the name of any other development in the City;
2. Name, address and telephone number of the applicant and of the
owner(s) of the property included in the application;
3. A verified statement by the applicant that the property affected by
the application is in the exclusive ownership of the applicant;
4. Legal description of the property subject to the binding site plan,
including legal descriptions of all proposed lots, boundaries and approximate
dimensions, including square feet of lot area for all lots and parcels within the
application, together with the numbers to be assigned to each block and lot;
5. A recent title report confirming that the title of the lands as
described and shown in the application are in the name of the owner.
6. Certificate giving full and complete descriptions of the lands divided
as they appear on the binding site plan, including a statement that the binding site plan
has been made with free consent and in accordance with the desires of the owner(s). If
the binding site plan includes a dedication, the certificate shall also contain the
dedication of all streets and other areas to the public and individual(s), religious society
or societies or to any corporation, public or private, as shown on the binding site plan.
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 any road(s). The certificate shall be signed and acknowledged before a
notary public by all parties having any interest in the lands divided;
Ordinance No.015-15
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B. One original eighteen inch by twenty-four inch drawing, and 7 copies,
containing the following information:
The location and size of all proposed lots, tracts and buildings;
2. Proposed and existing structures, including elevations and floor
plans as known (plans which show building envelopes rather than footprints must
include post -construction treatment of unoccupied areas of the building envelopes);
3. All proposed or existing uses;
4. The location of proposed or existing open space, including any
required landscaped areas;
5. The location and identification of critical areas;
6. The layout of an internal vehicular and pedestrian circulation
system, including proposed ingress and egress for vehicles;
7. The number and location of proposed or existing parking spaces on
and off the site;
8. A drainage plan which will accommodate the maximum proposed
square footage of impervious surface, including the maximum proposed square footage
of impervious surface exposed to vehicular use, subject to the requirements of the City's
storm water drainage design standards;
9. The location and size of utility trunk lines serving the site;
10. The location and size of water bodies and drainage features, both
natural and manmade;
11. A grading plan showing proposed clearing and tree retention and
the existing and proposed topography, detailed to two -foot contours, unless smaller
contour intervals are otherwise required by the City code;
12. A layout of sewers and the proposed water distribution system;
13. Proposed easements and access;
14. Proposed signage;
15. Depictions of easements, deed restrictions and other
encumbrances referenced in Subsections E and H of this Section;
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C. A completed SEPA Environmental Checklist;
D. A downstream drainage analysis or any other requirement specified in the
City's surface water design manual, site development regulations or surface water
policy ordinance;
E. All covenants, easements, maintenance agreements or other documents
regarding mutual use of common open space, parking and access;
F. -Sanitary sewer availability certificate from the public sanitary sewer
service provider if other than the City, for an area not served by or intended to be
served by the City;
G. Water availability certificate from the water purveyor providing service to
the property if other than the City for an area not served by or intended to be served by
the City;
H. Copies of all easements, deed restrictions or other encumbrances
restricting the use of the site;
I. A phasing plan and time schedule, if,the site is intended to be developed
in phases;
J. The payment of all applicable fees as prescribed in the City's fee
schedule;
K. A topography map, labeled "Topography Map"; and
L. Draft covenants, conditions and restrictions labeled "CC&R's" or any other
restrictions or easements that may apply.
26.40.050 Review of Binding Site Plan Application.
A. Once the preliminary binding site plan application has been determined
complete, the Director shall transmit for review and comment a copy of the site plans,
together with copies of any document the Director determines are appropriate, to the
following:
1. The Public Works Director, who shall review the elements of the
application relating to traffic, utilities, storm drainage, streets, alleys, public ways,
sidewalks, water, sanitary sewer, drainage, and determine whether it satisfies the
requirements of Section 26.40.060;
2. The South Kitsap Fire District, who shall review the elements of the
application relating to conformance to the Fire Code and emergency access;
Ordinance No.015-15
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3. Any other City officer, department, utility provider, school district, as
the Director deems appropriate;
4. If the proposed preliminary binding site plan is located adjacent to
the right-of-way of a state highway, the Director shall give written notice of the
application, including a legal description of the binding site plan and a location map, to
the State Department of Transportation; and
5. If the proposed preliminary binding site plan is located in whole or
in part in an irrigation district organized pursuant to chapter 87.03 RCW, the Director
shall give written notice of the application, including a legal description of the binding
site plan and a location map, to the affected irrigation district.
6. If the proposed preliminary binding site plan is located in whole or
in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give
written notice of the application, including a legal description of the binding site plan and
a location map, to the State Department of Ecology.
B. In addition to the transmittal of copies of the application materials to the
officers, departments and agencies identified in Subsection A above, the Director shall
also specify the deadline for submission of any comments or determinations of said
officers, departments and agencies as to the conformance of the application with the
criteria for approval in Section 26.40.060.
26.40.060 Criteria for Approval.
A. The applicant for a preliminary binding site plan must demonstrate that the
application complies with all of the following:
All applicable statutory provisions, including but not limited to, RCW
58.17.195;
2. The City's zoning and building codes, and all other applicable laws
of the appropriate jurisdictions, including but not limited to, the health department;
3. The City's comprehensive plan and all related elements, including,
but not limited to the comprehensive plan's capital facilities, water, sewer and
transportation elements.
4. Adequate Public Facilities. The applicant shall demonstrate that
there are adequate and available Public Facilities to support and service the area of the
proposed preliminary binding site plan. The applicant shall, at the request of the City,
submit sufficient information and data on the proposed preliminary binding site plan to
demonstrate the expected impact upon and use of Public Facilities by the possible uses
Ordinance No.015-15
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and users of the proposed preliminary binding site plan. Public Facilities and services
to be examined for adequacy and availability will include roads and public transportation
facilities, sewerage and water service, school bus routes, police protection, and
firefighting water flow and fire apparatus access.
5. Water and Sewer. All habitable buildings and buildable lots in the
preliminary binding site plan shall be connected to a public water system capable of
providing water for health and emergency purposes, including adequate fire protection,
consistent with the City's comprehensive water system plan. All habitable buildings and
buildable lots in the preliminary subdivision shall be served by an approved means of
wastewater collection and treatment, consistent with the City's comprehensive sewer
plan. The City shall consider the recommendation of the public works director, the local
health department or other agency furnishing sewage disposal and supplying water as
to the adequacy of the proposed means of sewage and water supply.
6. Stormwater. Drainage improvements shall accommodate potential
runoff from the entire upstream drainage area and shall be designed to prevent
increases in downstream flooding, in accordance with the City's Stormwater Drainage
Regulations. The City may require the use of control methods such as retention or
detention and/or the construction of offsite drainage improvements to mitigate the
impacts of the proposed developments.
7. Roads. Proposed roads shall provide an available, safe,
convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall
be properly related to the comprehensive plan; and shall be appropriate for the
particular traffic characteristics of each proposed development. Roads not dedicated to
the public must be clearly shown on the face of the binding site plan.
8. Extension policies. All public improvements and required
easements shall be extended through the parcel in the proposed preliminary binding
site plan. Streets, water lines, wastewater systems, drainage facilities, electric lines and
telecommunication lines shall be constructed through the subject property in the
preliminary binding site plan to promote the logical extension of public infrastructure,
consistent with the requirements of RCW 82.02.020 and all other legal requirements.
B. A proposed preliminary binding site plan application shall not be approved
unless the City makes written findings and conclusions that:
1. All of the requirements in Section 26.40.060(A) are satisfied;
2. The collective lots in the property included in the preliminary binding site
plan will function as one site with respect to, but not limited to, lot access, interior
circulation, open space, landscaping, drainage facilities, facility maintenance and
parking;
Ordinance No.015-15
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3. Appropriate provisions are made for the public health, safety and general
welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation;
4. The public use and interest will be served by the approval of the binding
site plan; .
5. The binding site plan shall include 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, and in accordance with 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 persons or entities now or hereafter having any
interest in the land described herein.
6. The conditions of use, maintenance and restrictions on redevelopment of
shared open space, parking, access and other improvements shall be identified and
enforced by the covenants, easements or other similar mechanisms;
7. The applicant agrees to install and dedicate all Public Facilities prior to the
City's approval of the final binding site plan, unless the applicant has executed a
Subdivision Improvement Agreement and has provided the necessary security for the
Agreement.
26.40.070 Time limitation for Final Decision. A preliminary binding site plan
application shall be approved, approved with conditions or denied within one -hundred
twenty (120) days after a complete application has been submitted, unless the applicant
consents to an extension in writing of such time period; PROVIDED that if an
environmental impact statement is required as provided in RCW 43.21 C.030, the one
hundred -twenty (120) day period shall not include the time spent preparing and
circulating the environmental impact statement by the City.
26.40.080 Effect of Preliminary Binding Site Plan Approval; Expiration.
A. Approval of the preliminary binding site plan by the City shall constitute
direction to the applicant to develop construction plans and specifications for the
required Public Facilities, in strict conformance with the approved preliminary binding
site plan, the street and utility standards adopted by the City and any special conditions
imposed on the approval.
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B. Permission shall not be granted for installation of required Public Facilities
until all construction plans and specifications have been approved in writing by the City
Engineer, pursuant to Section 26.25.020.
26.40.090 Deadline for Submission of Final Binding Site Plan Application. A
final binding site plan application meeting all of the requirements of the preliminary
binding site plan approval and this Title shall be submitted to the City within five (5)
years of the date of preliminary binding site plan approval.
26.40.100 Revisions to an Approved Binding Site Plan. An application for a
revision to an approved preliminary binding site plan may be submitted before a final
binding site plan application is submitted, as follows:
A. Minor Revisions to an Approved Preliminary Binding Site Plan. The
Director is authorized to make the determination on a minor revision to an approved
binding site plan without a public hearing.
1. Defined. Minor revisions to an approved preliminary binding site plan are
those which do not change: (a) the binding site plan boundaries; (b) the conditions of
preliminary binding site plan approval; (c) road alignments or connections and/or do not
increase the number of lots by more than five percent or five (5) lots, whichever is less.
2. Application. A complete application for a preliminary binding site
plan revision shall consist of the following:
a. application form and filing fee;
b. site plan showing the proposed modification, using the same
plan format as in the original approval;
C. explanation in narrative form of the requested modification;
3. Processing. The following steps shall be followed in the processing
of an application for a minor revision [hyperlink will be set to each procedure, so the
reader will be directed to the appropriate section of the permit processing title]:
a. 23.20.040 Determination of Complete Application;
b. 23.30.010 Notice of Application;
C. [Insert SEPA Chapter Number] SEPA (unless exempt
under WAC 197-1.1-800); and
d. 23.40.020 Determination of Consistency;
e. 23.50.100 Notice of Decision; and .
d. 23.50.110 Administrative Appeal
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4. Criteria for approval. The Director shall approve, approve with
conditions or deny a proposed minor preliminary binding site plan revision application,
as long as the applicant demonstrates that all of the following criteria are satisfied:
a. The proposed revision meets the criteria in Section
26.40.050(A);
b. The revision will not be inconsistent with, or cause the
binding site plan to be inconsistent with the findings, conclusions or decision made by
the City in its approval of the preliminary binding site plan; and
C. Approval of the revision will not affect the ability of the
collective lots in the property included in the preliminary binding site plan to function as
one site with respect to, but not limited to, lot access, interior circulation, open space,
landscaping, drainage facilities, facility maintenance and parking.
5. Time Limitation for Final Decision. The minor preliminary binding
site plan revision application shall be approved, approved with conditions or denied
within one hundred twenty days (120) after a complete application is submitted, unless
the applicant consents to an extension in writing of such time period, PROVIDED, that if
an environmental impact statement is required as provided in RCW 43.21 C.030, the
one hundred -twenty day period shall not include the time spent preparing and
circulating the environmental impact statement by the City.
6. Deadline for Submission of Final Binding Site Plan Not Extended.
Approval of a minor preliminary binding site plan revision shall not extend the deadline
set forth in Section 26.40.090 for submission of a final binding site plan application to
the City.
B. Major preliminary binding site plan revisions.
1. Defined. A major preliminary binding site plan revision is any
application for a revision of a preliminary binding site plan that does not meet the
definition of a minor preliminary binding site plan revision.
2. Application. An application for a major preliminary binding site plan
revision shall include all of the elements of a complete preliminary binding site plan
application.
3. Criteria for Approval, Time Limitation for Final Decision. The
criteria for approval and the time limitation for a final decision of a major preliminary
binding site plan revision shall be the same as those for a preliminary binding site plan
application.
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4. Deadline for Submission of Final Binding Site Plan Not Extended.
Unless the decision -maker on a major preliminary binding site plan revision finds that
the approved revision is in the public interest, the deadline for submission of the final
binding site plan application in Section 26.40.090 shall not be extended.
Section 3. Purpose. The purpose of this Interim Zoning Ordinance is to allow the City
to consider and process applications for boundary line adjustments, short plats,
preliminary plats, final plats, preliminary binding site plans, final binding site plans,
and amendments thereto, during the interim period until the City drafts and considers a
new "permanent" or interim zoning ordinance on the same subjects. The City will
consider adoption and enforcement of such an ordinance during the next six months,
while this Interim Zoning Ordinance is in effect.
Section 4. Interim Ordinance Adopted. This Interim Ordinance is immediately
adopted for a period of six months in order to provide the City adequate time to:
A. Review a new interim or "permanent" zoning ordinance to regulate the
subjects identified in Section 3 above on a comprehensive basis.
B. During the interim period, the City expects to hold a public hearing(s) on
the draft ordinance, obtain public input on such ordinance, allow the Planning
Commission to make recommendations to the City Council, for the City Council to
review the draft ordinance and, if desired, to adopt new regulations on subdivisions.
This work will begin immediately after the activities described in A and B are complete.
Section ti. Effect of Interim Zoning Ordinance. This Interim Zoning Ordinance will
allow the City, during the next six months, to accept applications for the applications
identified in Section 3 and to process them under the regulations in this ordinance.
Those applications conforming to the regulations in this ordinance may be approved
and those that are not consistent with this ordinance may be denied.
Section 6. Duration of Interim Zoning Ordinance. This Interim Zoning Ordinance
shall be immediately effective upon adoption. As long as the City holds a public hearing
on the Interim Zoning Ordinance and adopts findings and conclusions in support of the
Interim Zoning Ordinance, the Interim Zoning Ordinance shall not terminate until six
(6) months after the date of adoption, unless repealed earlier by the Council, or at the
time when all of the events described in Section 4 have been accomplished, whichever is
sooner.
Section 7. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW
36.7oA.390 and RCW 35.63.200, the City Council shall hold a public hearing on this
interim zoning ordinance within sixty (6o) days of its adoption, or before November 7,
2015. During the next Council meeting immediately following the public hearing, the
City Council shall adopt findings of fact on the subject of this interim zoning ordinance
and either justify its continued imposition or repeal this ordinance.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held September 8, 2015.
ORDINANCE NO. 015-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING,
ADOPTING AN INTERIM ZONING ORDINANCE ON SUBDIVISIONS, ADDING DEFINITIONS, INCLUDING
PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS, SHORT PLATS, PRELIMINARY PLATS, FINAL PLATS
AND BINDING SITE PLANS, DESCRIBING THE ELEMENTS OF A COMPLETE APPLICATION, THE CRITERIA
FOR APPROVAL, PROCEDURES FOR AMENDMENTS OF PRELIMINARY PLATS AND
AMENDMENTS/VACATION OF FINAL PLATS, DESCRIBING THE PROCEDURES FOR ENGINEERING REVIEW
OF CONSTRUCTION PLANS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, SECURITY FOR PUBLIC
IMPROVEMENTS, RECORDING OF FINAL PLATS, AND ENFORCEMENT, REPEALING EXISTING CHAPTER
16.72 OF THE PORT ORCHARD MUNICIPAL CODE, ADOPTING A NEW CHAPTER 26.05 OF THE PORT
ORCHARD MUNICIPAL CODE, DECLARING THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT
UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT, THIS INTERIM
ORDINANCE TO BE EFFECTIVE IMMEDIATELY, DECLARING AN EMERGENCY, SETTING SIX MONTHS AS
THE EFFECTIVE PERIOD OF THE INTERIM ZONING ORDINANCE, AND ESTABLISHING THE DATE OF A
PUBLIC HEARING ON THE INTERIM ZONING ORDINANCE.
Copies of Ordinance No. 015-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 015-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: September 18, 2015