HomeMy WebLinkAboutMarch 3, 2026, Planning Commission Meeting Packet171. Meeting Location: Contact us:
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Port Orchard, WA 98366 cityhall@portorchardwa.gov
www.portorchardwa.gov
Planning Commission
Planning Commission Regular Meeting
Tuesday, March 3, 2026
6:00 PM
Attendees and Planning Commissioners may attend in person at City Hall or via Zoom
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the Planning Commission is
conducting its public meeting in a hybrid format with options for in -person attendance in the
Council Chambers at City Hall or remote viewing and participation via Zoom (link below).
Link: https://us02web.zoom.us/j/86180242823
Zoom Call -In: 1 253 215 8782
Webinar ID: 8618024 2823
1. Call to Order
A. Pledge of Allegiance.
2. Welcome and Introduction.
Planning Commission and City Staff Introductions.
3. Audience Comments.
Topics not listed for public hearing on tonight's agenda.
Please limit comments to 3 minutes.
4. Approval of Minutes from:
a) February 3, 2026 (attachment)(ACTION)
5. Business Items
A. a) DISCUSSION: Landscaping
The City of Port Orchard is considering amendments to Port Orchard Municipal Code
20.128 to update and clarify development standards and approval process related to
required landscaping.
Staff Contact: Jim Fisk, AICP, Principal Planner
b) DISCUSSION: Permitting and Development Approval
The City of Port Orchard is considering amendments to Port Orchard Municipal Code
March 3, 2026 Meeting Agenda
20.22, 20.80, 20.90, and 20.98 related to Final Plat Permit Typing and process.
Staff Contact: Jim Fisk, AICP, Principal Planner
c) DISCUSSION: Director's
Update to the Planning Commission on recent related to past and upcoming Planning
Commission activity.
Staff Contact: Nick Bond, AICP, Community Development Director
6. Adjourn
7. Next Planning Commission Meeting: April 7, 2026; 6:00pm
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March 3, 2026 Meeting Agenda
2
CITY OF PORT ORCHARD
Planning Commission Minutes
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 • Fax: (360) 876-4980
Planning Commission Meeting Minutes
February 3, 2026
Hybrid Meeting — Council Chambers/Zoom Teleconference
COMMISSIONERS:
Present: Tyler McKlosky (Chair), Annette Stewart, Joe Morrison, Tiffiny Mitchell, Wayne Wright (Vice
Chair)
Absent: Stephanie Bailey, Paul Fontenot
STAFF:
Community Development Director Nick Bond, Principal Planner Jim Fisk, Associate Planner Connor
Dahlquist
1. CALL TO ORDER: Commissioner McKlosky called the meeting to order at 6:00 p.m. and led the
Pledge of Allegiance.
2. WELCOME AND INTRODUCTIONS
3. PUBLIC COMMENTS: There were no members of the public present in the chamber and one attending
remotely. No public comment was given.
4. APPROVAL OF MINUTES FROM NOVEMBER 4, 2025: Commissioner McKlosky asked if the other
commissioners reviewed the minutes from the November 4, 2025 meeting and if anyone had any issues
or proposed amendments. Seeing none, a motion was entertained to approve the minutes. Commissioner
Stewart moved to approve the minutes and Commissioner Wright seconded. The motion passed
unanimously with abstention from Commissioners Morrison.
5. BUSINESS ITEMS
A. Elect Chair and Vice Chair
Public Comments are summarized and not transcribed verbatim. The minutes reflect the general substance of the
comments made and are not intended to be a word-for-word account. Full comment details can be listened to from the
published video recording.
Commissioner Stewart nominated Commissioner McKlosky to serve as Chair, and the nomination
was seconded by Commissioner Wright.
Commissioner Mitchell then nominated Commissioner Wright to serve as Vice Chair.
Both nominations were approved unanimously by the Commission.
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Commissioner McKlosky will continue as Chair, and Commissioner Wayne will serve as Vice
Chair.
B. DISCUSSION: Landscaping (Attachment)
Principal Planner Fisk presented proposed amendments to Port Orchard Municipal Code Chapter
20.128 to update landscaping standards and clarify approval processes. The updates aim to align
with state regulations regarding middle housing, neighborhood connectivity, and environmental
performance.
Principal Planner Fisk noted that this topic was previously discussed in November where Public
Works staff provided an overview of the City's NPDES permit obligations, explaining that the
department is currently mapping the existing tree canopy to establish a canopy goal. This analysis
may inform future revisions to tree planting requirements to help meet canopy targets.
The draft amendments included in the Commission packet propose several changes: discouraging
long continuous fencing, expanding the applicability of landscaping to all residential and non-
residential development; establishing a process for amending previously approved landscape plans;
clarifying open space standards to define when turf is appropriate; strengthening invasive species
control standards; updating buffer and perimeter requirements; and consolidating fence standards
with added treatments for retaining walls.
Principal Planner Fisk asked the Commission to consider how landscaping should be treated
between single-family and middle housing types, noting that House Bill 1110 requires equal
treatment. Staff analyzed nine other cities' approaches to landscaping under HB 1110 and tree
canopy goals, finding a wide range of strategies, including exemptions, requirements, and flexible
tools such as tree banks or credits. The City plans to continue discussion as the tree canopy survey
progresses, with a goal of bringing a recommendation from the Planning Commission in early fall
to City Council for adoption. Staff will maintain a comment matrix for this code update as the
discussion proceeds.
Commissioner Wright advised caution regarding invasive species regulation and suggested
requiring soil treatment during site preparation to prevent invasive species growth. Commissioner
Wright also recommended defining common property lines in fencing standards to avoid disputes
between neighbors, while Commissioners Mitchell and Stewart expressed support for the direction
of the draft code.
Commissioner Morrison asked whether detached homes are currently exempt from landscaping
requirements; Principal Planner Fisk confirmed they are and explained that the proposed update
would apply landscaping standards to both single-family and middle housing up to six units.
Commissioner Morrison requested clarification on landscaping requirements for developments
Page 2 of 4
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with more than six units, which Principal Planner Fisk provided.
Commissioner Morrison and Principal Planner Fisk discussed current requirements during the
platting process for open space and street trees versus individual lots, and Commissioner Morrison
weighed the potential impacts of landscaping requirements on homeowners.
Commissioner Morrison also asked how the City plans to address noxious weeds, noting the
challenge. Principal Planner Fisk responded that the City often encounters weeds on sites but lacks
enforcement tools; the proposed update would provide mechanisms to address invasive species.
Chair McKlosky asked about the timeline, and Principal Planner Fisk stated that staff intends to
move forward as quickly as possible, though discussion will continue with no definite end at this
time.
Director Bond asked whether the proposed landscaping standards would apply to individual
building permits or only during platting; Principal Planner Fisk replied that this is a key discussion
point. Commissioner Wright expressed concern about regulating private property landscaping and
suggested reviewing HOA landscaping and maintenance requirements as an alternative approach
for both landscaping and invasive species management.
C. DISCUSSION: Permitting and Development Approval (Attachment)
Principal Planner Jim Fisk introduced proposed amendments to Port Orchard Municipal Code
Chapters 20.22, 20.80, and 20.90 to update the City's process for reviewing final plats. The goal of
these amendments is to align procedures with state law and create an administrative review path
for Final Plats.
Principal Planner Fisk explained that under the current process, Final Plats are classified as Type
IV permits, requiring public notice, a hearing before the Hearing Examiner, and City Council
approval. This adds a second public hearing after the applicant has already completed all site
improvements and a Preliminary Plat review (Type III permit) that also goes before the Hearing
Examiner. Principal Planner Fisk noted that this level of review is redundant because the final plat
review is intended only to confirm that conditions of the preliminary plat have been met.
Principal Planner Fisk continued that state law allows final plats to be processed administratively,
and because preliminary plats are previously noticed and approved, additional public notice is not
required. Staff recommends revising the code to make Final Plat review an administrative process.
Draft code amendments will be presented to the Planning Commission at the March meeting,
followed by a public hearing tentatively scheduled in April. At the conclusion of the public
hearing, staff will request a recommendation by Planning Commission to City Council. A
comment matrix will be maintained during the review period.
Page 3 of 4
5
Commissioner Wright asked for clarification of the platting process and Principal Planner Fisk
provided an overview. Wright then asked whether final plats have ever experienced issues that
delayed approval or resulted in the City assuming responsibility for poor -quality development.
Principal Planner Fisk responded that deviations from preliminary plats are common but are
typically identified during the preceding land -disturbing activity permit review prior to the Final
Plat approval.
Planning Director Nick Bond added that Final Plat approval includes review of a bill of sale and
bond agreements to ensure quality development and completion of required improvements.
D. DIRECTOR'S REPORT
Director Bond announced that the City had a job offer accepted for a senior level building
inspector and plan examiner starting in two weeks.
Director Bond also announced that the final two Pre -approved ADU building plans had been
approved and are now available for use. Director Bond stated that the City has already received
one application for a Pre -approved ADU and encouraged everyone to get the word out and take
advantage of the program.
Commissioner Stewart asked if the owner needs to occupy either the primary or accessory unit and
Director Bond confirmed there are no ownership requirements tied to these plans.
Director Bond's final announcement was that the City did not receive any applications for
Comprehensive Plan Amendments.
ADJOURN: Commissioner McKlosky adjourned the meeting at 6:31 pm.
Tyler McKlosky, Chair
Nick Bond, AICP, Community Development Director
Page 4 of 4
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CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(a) Meeting Date: March 3, 2026
POMC 20.128 - Landscaping Prepared by: Nick Bond, AICP, Development
Subject: Discussion Director
Issue: he City of Port Orchard is considering updates to its landscaping regulations in Port Orchard
Municipal Code (POMC) Chapter 20.128. The purpose of this effort is to resolve existing ambiguities, align
the code with emerging regulatory requirements, and better support neighborhood connectivity,
environmental performance, and long-term livability, while maintaining a predictable and transparent
review process for applicants.
Staff first introduced this topic to the Planning Commission in November, following a presentation from
Public Works on the City's National Pollutant Discharge Elimination System (NPDES) permit obligations.
Public Works continues to map existing tree canopy and develop long-term canopy goals. At the February
17, 2026 City Council Work Study session, Public Works provided an update on this ongoing work. As the
canopy analysis progresses, any required implementation of NPDES-related tree canopy standards will need
to be integrated into POMC 20.128. Because this work is still underway, portions of the redline, particularly
POMC 20.128.060, which establishes quantitative tree -planting requirements, remain unchanged at this
stage. Once the canopy analysis is complete, staff will revisit those standards and adjust them as needed to
support the City's canopy goals.
At the February Planning Commission meeting, the Commission discussed whether the chapter's
applicability should be expanded to include detached houses and middle housing to ensure consistency
with House Bill 1110. The redline presented at that meeting reflected this potential expansion and was
subsequently forwarded to the Land Use Committee for review at its February 18, 2026 meeting. After
discussion, the Land Use Committee directed staff not to include detached houses or middle housing in the
applicability of POMC 20.128. The revised redline included in the March packet reflects this policy direction
and removes the applicability expansion that had been included in the February draft.
Changes in the draft amendments include:
• Adding a purpose statement that emphasizes visual and pedestrian connectivity and discourages
continuous perimeter fencing unless needed for safety or function.
• Clarifying chapter applicability consistent with Land Use Committee direction, limiting applicability
to development types historically regulated under POMC 20.128.
• Establishing a clear, predictable process for amending approved landscape plans.
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• Clarifying open -space expectations to avoid turf -only areas unless designed for active recreation,
and requiring meaningful vegetation, native plantings, or programmed amenities.
• Creating enforceable invasive -species control standards, including targeted requirements for
Himalayan blackberry and Japanese knotweed.
• Updating buffer and perimeter standards to encourage layered planting and low -height screening
rather than continuous solid fencing.
• Consolidating fence standards from POMC 20.139 and adding new blank -wall treatment
requirements for large retaining walls.
The proposed updates to Table 20.128.070 are intended to give applicants more flexibility in how they
design buffer treatments. Rather than relying on a one -size -fits -all approach, the revisions offer a range of
options that can better respond to surrounding uses. The intent is to support compatibility between sites
while maintaining appropriate levels of privacy and screening, and to encourage buffers that feel more
functional, adaptable, and connected to the surrounding development pattern.
Staff remains on track for adoption in early Fall 2026, though progress may depend on Public Works' ability
to complete its NPDES-related canopy work. The anticipated schedule is as follows:
• Nov —Dec 2025: Planning Commission reviewed this introduction and direction on priorities.
• Jan —Apr 2026: Staff continues to prepare draft ordinance language, illustrations, and checklists,
coordinating with Public Works and Stormwater staff.
• May 2026: Planning Commission review of draft language and public comment.
• Jun —Jul 2026: Commission holds a public hearing and forwards a recommendation to City Council.
• Aug —Sep 2026: Council review and anticipated adoption in early Fall 2026.
Staff welcomes feedback on the proposed amendments and will maintain a comment matrix to track input
and document how comments are addressed throughout the update process.
Attachments: Draft Amendments to POMC 20.128 - Landscaping
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Chapter 20.128
LANDSCAPING*
Sections:
20.128.010 Purpose.
20.128.020 Applicability and compliance.
20.128.030 Landscape plans.
20.128.040 Integration with LID stormwater management facilities.
20.128.050 Plant material and installation standards.
20.128.060 Landscaping types.
20.128.070 Landscape site design standards.
20.128.080 Develoament within reauired buffers.
20.128.090 Irrigation standards.
20.128.100 Maintenance of required buffers and landscaped areas.
20.128.110 Performance assurance/bonding.
20.128.120 Maintenance assurance/bonding.
* Prior legislation: Ords. 019-17 and 010-18.
20.128.010 Purpose.
It is the purpose of this chapter to:
(1) Promote well -planned and attractive landscaping that enhances the visual and
aesthetic appearance of the city.
(2) Provide space definition and landscape continuity between the built environment and
the natural environment.
(3) Provide appropriate barriers and relief from traffic, noise, heat, glare, and the spread of
dust and debris.
(4) Reduce potential negative impacts between adjacent and neighboring uses.
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(5) Reduce flooding and reduce the impact of development on the city's storm drainage
system.
(6) Promote tree retention and the protection of existing native vegetation.
(7) Provide for the long-term establishment and health of new landscape plantings.
(8) Aid in the conservation of energy and replenish the atmosphere with oxygen.
(9) Provide for a more pleasant and relaxing urban environment.
(10) Ensure the long term maintenance and attractiveness of landscape plantings.
(11) Maintain and enhance property values.
(12) Promote landscape designs that maintain visual and pedestrian connections between
adjacent properties.
20.128.020 Applicability and compliance.
(1) Applicability. The provisions of this chapter shall apply to all new nonresidential, single-
family attached (three or more units),
and multifamily (three six or more units) development
within the city. Also:
(a) The provisions of this chapter shall apply to all new development, and building
additions, remodels and site improvements per the Level I - III improvement
thresholds set forth in POMC 20.127.020(3)(a) through (c).
(b) The maintenance provisions of this chapter apply to existing and previously
approved landscape plans and required landscape areas.
(c) Temporary Deferral. A certificate of occupancy shall be contingent upon the
screening and landscaping requirements of this chapter being met. This provision
may be temporarily deferred by the director in cases where it is not reasonable for
the developer to install certain species of plant material prior to occupancy due to
the recommended planting season not occurring at an appropriate phase in
construction. In such case, the time deadline for planting such materials shall be
extended onlyto the nearest seasonal period suitable for planting such materials.
Additionally, the director shall require that the applicant obtain a temporary deferral
when water restrictions are in place preventing regular irrigation or watering of plant
material. The director may authorize a temporary deferral through the issuance of a
temporary certificate of occupancy or through the approval of a performance bond
in accordance with this title.
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(d) Review in Conjunction with Other Permits. Landscape plan review shall be
performed in conjunction with other permit applications (i.e., land disturbing
activity, stormwater drainage, building permit, etc.). Appeals of decisions related to
the application of this chapter shall be connected to the underlying permit
application to which the landscape code has been applied.
(e) The provisions of this chapter may also apply to subdivisions and short plats as
specified in Chapter 20.100 POMC., but shall not apply to the construction of an
individual detached house, duplex, or backyard accessory dwelling unit.
(2) Exceptions. The director may waive the provisions of this chapter for light industrial (LI)
zoned properties which do not front Old Clifton Road or SR -1 60 depending on the type of
use, number of anticipated employees and customers, and the site's physical relationship
and anticipated impacts to adjacent and neighboring zones, uses and development.
20.128.030 Landscape plans.
(1) In order to implement the requirements of this section, landscape plans for the entire
site are required as part of the following permit application submittals:
(a) Building permit applications.
(b) Preliminary plat applications.
(c) Preliminary sShort plat applications.
(d) Preliminary $inding site plan applications.
(e) Conditional use permit applications (where new construction, or expansion of a
building is proposed, or where landscaping is required to meet conditions for
granting approval).
(f) Stormwater drainage permit applications.
(g) Land disturbing activity permit applications.
(h) Preliminary unit lot subdivisions
(2) In order to implement the requirements of this section, landscape plans for the entire
site shall be required as part of a land disturbing activity permit application submittal if the
scope of the permit application does not include restoration to predisturbance conditions
or if the landscape plan approval is not issued under another permit approval as listed in
subsection (1) of this section. Landscape plans submitted as ap rt of preliminary
applications listed above shall be permitted through the development's associated Land
Disturbing Activity Permit.
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(3) Plans shall be developed by a Washington state licensed landscape architect, a
Washington -certified professional horticulturalist (CPH), or a Washington certified
professional landscape designer (APLD-WA).
(4) Landscape plans shall include:
(a) Boundaries and dimensions of the site.
(b) Location of existing and proposed easements, streets, curbs, utilities, sidewalks
and any other hard surfaces.
(c) Location of buildings and structures, parking lots, driveways, loading areas,
outdoor mechanical equipment, signs, refuse enclosures, overhead utilities, water
meter location, swales, parking lot lighting, existing and proposed retaining walls or
fences, and any existing vegetation that is to remain on the site.
(d) The location and design of landscape areas to be preserved and planted, and
plant list to include the location, number, height at maturity, and type of plant
material by botanical and common name.
(e) Proposed irrigation system if a permanent or temporary system is proposed. All
landscaped areas including adjacent right-of-way must be provided with an
underground irrigation system.
(f) Specifications for soil amendments to provide suitable long --term growing
conditions.
(g) North arrow and scale.
(h) Planting detail section drawings.
(i) Name, address, and phone number of the person preparing the plan.
(j) Calculations demonstrating compliance with this chapter.
(k) Landscape planting, hardscape, and material precedents (imagery) depicting
(approximately) the landscape plantings, hardscape, and materials to be used in the
project.
(5) Applicants shall familiarize themselves with existing site conditions, and are
encouraged to meet with staff to discuss appropriate design options and alternatives for
accomplishing the screening and landscaping objectives of this chapter prior to preparing
and submitting a landscape plan.
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(6) Applicants are encouraged to integrate landscape plans and stormwater system
designs consistent with the city's adopted stormwater management manual.
(7) A previously pproved landscape plan maybe amended through a Type I administrative
decision. Amendments shall be limited to modifications of the existing plan and shall not
constitute approval of a new landscape plan. Any proposed changes must comply with the
current standards of POMC Chapter 20.128 for the areas subject to amendment. The
applicant must submit a revised landscape plan clearly identifying the areas of change and
demonstrating compliance with applicable code requirements.
20.128.040 Integration with LID stormwater management facilities.
The required landscape design requirements in this chapter may be integrated with low
impact development (LID) stormwater management facilities and best management
practices (BMPs) unless site and soil conditions make LID infeasible, subject to the
approval of the director and public works department. LID facilities shall not compromise
the purpose or intent of required landscaping and landscaping shall not result in the
disruption of the LID facilities' functions. LID facilities shall be designed and constructed in
accordance with the LID Technical Guidance Manual for Puget Sound (current edition).
20.128.050 Plant material and installation standards.
(1) Native Plant Species. New landscaping materials shall include species native to the
region or hardy, waterwise, and noninvasive species appropriate in the climatic conditions
of the region (decorative annuals are an exception). Generally acceptable plant materials
must be those identified as hardy in Zone 8b as described in United States
Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species
should include consideration of soil type and depth, the amount of maintenance required,
spacing, exposure to sun and wind, the slope and contours of the site, compatibility with
existing native vegetation preserved on the site, water conservation where needed, and the
impact of landscaping on visibility of the site for purposes of public safety and surveillance.
(2) Tree Standards and Guidelines.
(a) Tree heights may be called for within this chapter or elsewhere within this title:
(i) Large Tree. Capable of growing 35 feet high or greater under normal
growing conditions.
(ii) Medium Tree. Capable of growing over 15 feet high and less than 35 feet
high under normal growing conditions.
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(iii) Small Tree. Capable of growing up to 15 feet high under normal growing
conditions.
(b) Unless otherwise noted herein, required trees shall meet the following standards
at the time of planting:
(i) Required deciduous trees shall be fully branched, have a dominant leader
branch, have a minimum caliper of one and one-half inches (as measured six
inches above the root ball), and a minimum height of six feet at the time of
planting as measured from the top of the leader branch to the top of the root
ball.
(ii) Required evergreen trees shall be fully branched and a minimum of six
feet in height, measured from the treetop to the ground, at the time of
planting.
(iii) Required trees of any species within parking areas shall be a minimum
caliper of one -and -one-half inches (as measured 24 inches above the root
ball) and a minimum height of 10 feet at the time of planting.
(3) Shrub Standard. Shrubs, except for ornamental grasses, shall be a minimum of one -
gallon size at the time of planting.
(4) Ground Cover Standards and Guidelines.
(a) Ground covers shall be planted and spaced to result in total coverage of the
required landscape area within three years as follows, or as per recommendations
by Washington State licensed landscape architect, Washington -certified
professional horticulturalist (CPH), or other qualified individual. Ground cover
plants other than turf forming grasses must be planted in triangular spacing at the
following rates:
(i) Four -inch pots at 18 inches on center.
(ii) One gallon or greater sized containers at 24 inches on center.
(iii) Alternative plant spacing may be appropriate depending on the specific
plants. When applicable, plant spacing information must be included with
permit application submittals from published sources, such as the Sunset
Western Garden Book, from Internet sources, or from cut sheets provided by
a nursery. Such sources must be identified for verification purposes.
(b) Grass areas shall be sodded or hvdroseeded unless otherwise approved by the
director. Grass shall only be permitted in active open space areas, as described in
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POMC 20.100.130 or 20.127.350. or within oarking lot landscaping and buffer ar
provided that grass does not exceed 30 percent of the total landscaped area within
a parking lot or buffer. Use of drought -tolerant groundcover is encouraged in all
other areas to promote water conservation and reduce maintenance.Grass is
acceptable as ground cover in landscaped areas, but generally not preferred for
water conservation and maintenance purposes (lawn areas designed as play areas
are an exception).
(c) Ground cover areas shall contain at least two inches of composted organic
material at finished grade.
(5) Tree and Plant Diversity.
(a) If there are more than eight required trees, no more than 40 percent of them may
be of one species.
(b) If there are more than 24 required trees, no more than 20 percent of them may be
of one species.
(c) If there are more than 24 required shrubs, no more than 75 percent of them may
be of one species.
(6) Soil Augmentation and Mulching.
(a) Existing soils shall be augmented with a two-inch layer of fully composted
organic material tilled a minimum of six inches deep prior to initial planting.
(b) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation. Mulch shall consist of organic materials such as bark chips and wood
grindings or yard waste, sawdust, and/or manure that is fully composted. Washed
rock may also be used as a mulch.
(7) Landscape Installation Standards.
(a) All required landscaping shall be in -ground, except when in raised planters. Plant
materials shall be installed to current nursery industry standards.
(b) Plant materials shall be properly supported to ensure survival. Support devices
such as guy wires or stakes shall not interfere with vehicular or pedestrian
movement. Where support is necessary, stakes, guy wires or other measures shall
be removed as soon as the plant can support itself.
(c) Existing trees and plant materials to be retained shall be protected during
construction. Protection measures may include silt fencing, chain link fencing, or
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other sturdy fencing placed at the dripline of trees to be retained. Grading, topsoil
storage, construction material storage, vehicles, and equipment shall not be
allowed within the dripline of trees to be retained.
(d) Installation of landscaping materials must take into consideration access to
utility vaults, pedestals, and other public and private utility facilities.
(e) Trees and major shrubs at mature size should avoid interference with windows,
decks, pedestrian walkways or other travelled ways, or lighting.
(8) Removal of Invasive and Noxious Species.
(a) As part of landscape
installation,
all invasive
s ep cies (including but not limited to
Scotch broom
and Himalayan
blackberry) and
noxious weeds (such as Japanese
Knotweed) as identified
on the
current Kitsa pCounty
Noxious Weed List present on
the site shall be
removed and controlled.
Landscape
plans shall include a stratev
for ongoing management
of these
species to
prevent reestablishment.
20.128.060 Landscaping types.
(1) Type A Landscaping.
(a) Type A landscaping shall function as a full screen and visual barrier. This
landscaping is typically found between residential and nonresidential areas and
used to screen unwanted views.
(b) Type A landscaping shall minimally consist of:
(i) Trees. Predominately evergreen (more than 50 percent) at the following
rates on landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs. Predominately evergreen provided at a rate of one shrub per four
linear feet of landscaped strip and spaced no more than eight feet on center.
(iii) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(iv) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.070 within three years.
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(v) The selected plant materials and configuration will be able to screen 70
percent of the unwanted views within five years of planting and fully screen
the unwanted view within six years. This requirement will account for the size
of materials planted and their typical growth rate.
Figure 20.128.060(1)
Type A Landscaping Standards
Trees at I per 150-300sf of
landscaped area (depending on
size) and arranged in a manner to
obstruct views into the property
Groundcover
Shrubs at I per 4 linear feet of landscaped
strip and maximum 8 feet on center
(2) Type B Landscaping.
(a) Type B landscaping is a "filtered screen" that functions as a visual separator. This
landscaping is typically found between differing types of residential development
and used to screen unwanted views from the pedestrian environment.
(b) Type B landscaping shall minimally consist of:
(i) Trees. At least 50 percent deciduous trees and at least 30 percent
evergreen trees at the following rates on landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
(ii) Shrubs. Provided at the rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
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(iv) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.070 within three years.
(v) The selected plant materials and configuration will meet the purpose of
the standards within five years of planting. This requirement will account for
the size of materials and the growth rate.
Figure 20.128.060(2)
Type B Landscaping Standards
Trees at I per I 50-300sf of
> on size)
� least 50% of trees
must be deciduous
N ti
Shrubs at I per 4 linear feet of
landscaped strip and maximum
8 feet on center
(3) Type C Landscaping.
At least 30% of trees
must be evergreen
(a) Type C landscaping is a "see-through screen" that functions as a partial visual
separator to soften the appearance of parking areas and building elevations. This
landscaping is typically found along street frontages or between multifamily
developments.
(b) Type C landscaping shall minimally consist of:
(i) Trees. At least 70 percent deciduous trees at the following rates on
landscape strips:
(A) One large tree per 300 square feet or 30 linear feet.
(B) One medium tree per 220 square feet or 22 linear feet.
(C) One small tree per 150 square feet or 15 linear feet.
At least 70 percent of the trees shall be large.
18
(ii) Shrubs. Provided at the rate of one shrub per four linear feet of
landscaped strip and spaced no more than eight feet on center.
(iii) Ground Cover. Planted at a density to cover the landscape buffer per
POMC 20.128.070 within three years.
(iv) Plant Diversity. Trees and shrubs must comply with POMC 20.128.050(5).
(v) Tree and shrub placement shall be designed to maximize pedestrian
visibility (generally between three and eight feet above grade once trees have
matured).
(vi) The selected plant materials and configuration will meet the purpose of
the standards within five years of planting. This requirement will account for
the size of materials and the growth rate.
(c) Where Type C landscaping is designed to also function as a rain garden,
adjustments in the spacing of trees, shrubs, and ground cover will be allowed
provided the rain garden meets the function requirements of subsection (6) of this
section and the intended function of Type C landscaping as defined in subsection
(3)(a) of this section.
Figure 20.128.060(3)
Type C Landscaping Standards
Maintain trees and shrubs to maximize
pedestrian visibility (generally open
Trees at I per 150 300sf of between 3 and 8 feet above grade)
landscaped area (depending on size)
At least 70% of trees
must be deciduous
� a .
f ,v
Groundcover
Shrubs at I per 4 linear feet of landscaped
strip and maximum 8 feet on center
(4) Type D Landscaping.
19
Low Hedge Examples
(a) Type D landscaping refers to all other landscaped areas that do not qualify as
Type A — C landscaping. While native and low maintenance trees and shrubs are
encouraged in these areas, lawn areas may be used for recreational or design
purposes. These areas may also include flower beds and perennial beds.
(b) Type D landscaping may include any combination of plant materials provided
they comply with POMC 20.128.050.
(5) Low Hedge. A low hedge is intended to function as an attractive visual divider of space
rather than a visual buffer between uses and properties. To qualify as a hedge landscaping
type, the planting must be at least 30 inches wide and 30 inches tall. The hedge include
plant materials that typically grow no taller than five feet at maturity or are maintained
between 30 inches and 48 inches tall. Additional limits on hedges may be imposed by the
public works director within required sight triangles at intersections. Shrubs or other hedge
plant materials must be placed at a rate of one per four linear feet of landscaped strip or
otherwise recommended for shrub species. Plant spacing information must be included
with permit application submittals from published sources, such as the Sunset Western
Garden Book, from Internet sources, or from cut sheets provided by the nursery.
Figure 20
14
128.060(5)
Ri
(6) Rain Garden. A rain garden is a landscaped depression that collects, absorbs, and filters
stormwater runoff from rooftops, driveways, patios, and other hard surfaces. They can also
function as an attractive visual divider of space. To qualify as a rain garden, the following
elements must be included:
(a) Garden located and designed to capture impervious area runoff.
(b) Six to 12 inches ponding depth.
(c) Twelve to 24 inches rain garden soil depth with two to three inches surface mulch
layer.
20
(d) Gradual side slopes (maximum 2:1).
(e) Overflow design elements with measures to protect erosion.
(f) Generous plantings (capable of reaching 100 percent ground cover) of a variety of
small trees, shrubs, ground covers, and grasses. Select plants suitable for the three
planting zones within the garden and around the perimeter.
Figure 20.128.060(6)
Rain Garden Examples
20.128.070 Landscape site design standards.
21
(1) Required Landscape Buffer Standards. Screening between certain uses may be called
for in Table 20.128.070 below or elsewhere in this chapter:
(a) The provisions of this section do not apply to, and landscape buffers are not
required for, development with a designated storefront block frontage (POMC
20.127.100 through 20.127.260) unless required as a condition of a permit (such as
a conditional use permit or subdivision) or SEPA.
(b) Where mature trees and vegetation exist within the required buffer areas, the
preservation of said mature trees and vegetation may be preferable to new plant
materials. The director may require up to 50 percent additional buffer width and/or
specific planting conditions to better ensure the survival of existing mature trees
and/or augment existing plantings to meet the intent of the standards.
(c) The letters A, B, and C refer to the required landscape buffer type(s) (described in
POMC 20.128.060). Where more than one buffer type is referenced at the
intersection of the column and the row, only one of the listed buffer types is
required.
(d) Where the cells at the intersection of the column and the row are empty, there
are no landscaping buffer requirements for the particular situation.
(e) If a * appears after a use or term within the table, then the use or term is defined
in Chapter 20.12 or 20.3 POMC.
(f) Where superscript numbers are included in a cell, see the corresponding note
matching the number below the table.
(g) For the application of building additions, remodels and site improvements, the
provisions of POMC 20.127.02(3) shall apply.
(h) Departures. Alternative buffer treatments may be approved per POMC
20.127.060 for any of the buffer types required below, provided they meet the
purpose of this chapter.
22
Table 20.128.070
Required Buffer Treatment for Developing Uses
Existing Aebutting uses and zoning designationes
RM U,
NMU,
R1,
GMU,
R2,
D M U,
Street,
RCr,
R3,
CMU,
CC,
park or
GB
R4, R5
BPMU
CH
IF
IL
IH
CI, PF
Developing use
trail
zones
zones
zones
zones
zone
zone
zone
zones
Fence,
Fence,
Fence,
Fence
Fence
Fence
Fence
Fence
low
low
o r low
and
p -his
plus
plus
hedge
multifar ilyMultifamily
hedge
tiadge
BC -5'
and
an
and
and
plusorplus
(3 or more units)
orand
and
AB -1 0'
AB-
AB-
BC -5'
BC -5'
BC -5'
BC -5'
path
10'
10'
and
h
Low intensity
Fence
Fence
Fence
Low
Fence
Fence
Fence
Fence
nonresidential use*
or low
orlow
or Low
hedge
ptas
p+a-s
}etas
hedge.
hedge
hedge.
ence
and
and
and
and
etas
an
and
BC -5'
See
or BC-
5'of
ABC-
10'
ABC-
10'
ABC-
10'
ABC -
10'
subsection
(2) below.
ABC -5'
ABC -5'
orth
Moderate intensity
Fence
Fence
Fence
Fence
Fence,
Fence
Fence
Fence
nonresidential use*
orlow w
r l w
r9 low
or low
low
phis
ptMas
p - his
hedge.
hedge.
hedge.
hedge.
hedge
and
and
and
p -his
p1 -us
and -of
and
phis
ABC-
ABC-
ABC -
and
and
BC -5'
BC -5'
and
10'
10'
10'
ABC-
ABC-
or
ABC -
10'
10'
path
ath
10'
High intensity
Fence
Fence
Fence
Fence
Fence
Fence
Fence
Fence
nonresidential use*
p -his
etas
of -and
and
phi -s
ptus
etas
ptus
and
and
BC -5'
BC -5'
and
and
and
and
23
Table 20.128.070
Required Buffer Treatment
for Developing
Existing Aabutting
Uses
uses and zoning designationes
RMU,
NMU,
R1,
GMU,
R2,
DMU,
Street,
R3,
CMU,
CC,
park or
GB
R4, R5
BPMU
CH
IF
IL
IH
CI, PF
Developing use
trail
zones
zones
zones
zones
zone
zone
zone
zones
ABC-
ABC-
ar
ABC-
ABC-
ABC-
ABC -
15'
Fence
15'
Fence
path
Fence
path
Fence
10'
Fence
10' 10' 15'
Fence Fence Fence
Use featuring an open
storage yard*
pfas
Fu
ttr8
pttrs
or A-5'
or A-
or A-
p+trs
and
and
and
or B-
5' or
5' or
and
ABC-
ABC-
ABC -5'
ABC -5'
10'
B-10'
B-10'
ABC -
10'
10'
orA-
orA-
10'
Fence
Fence
10'
Fence
10'
Fence
Fence
Fence Fence Fence
Heavy industry*
s
pbus
s
pEt
pEus
and
and
and
and
ana
1
and
ABC-
ABC-
ABC -5'
ABC-5ABC-5'
ABC-
ABC-
ABC -
20'
20'
orA-
orA-
orA-
5' or
5' or
20'
10'
10'
10'
A-10'
A-10'
(2) Street, Park, or Trail Buffers.
(a) For landscaping between uses or structures and streets, also see the applicable
block frontage standards in POMC 20.127.101 through 20.127.260. Plant materials,
installation, and maintenance are subject to the standards of this chapter.
(b) For nonresidential, more), and multifamily
development (three six units or more), see POMC 20.127.220 for trail/park block
frontage standards. Alternative designs will be considered based on the unique
context of the site, the development, and the park/trail provided the designs
24
promote safety for park/trail users, and mitigate any potential negative impacts of
the proposed use on the park/trail.
(c) For storage yards, a minimum 10 -foot wide planting strip with Type A landscaping
is required between any street and such storage yard.
(3) Surface Parking Lot Landscaping.
(a) Parking Lot Perimeters.
(i) For parking lots abutting public right-of-way, use Type C landscaping at a
width equal to or greater than the minimum building setback specified for the
applicable block frontage type specified in POMC 20.127.100 through
20.127.260. For parking lots on sites without an applicable block frontage
type, the parking lot landscape buffer shall be at least 10 feet deep.
(ii) For parking lots along internal private roadways in commercial areas,
provide a planting strip at least six feet wide with Type C landscaping.
(iii) For parking lots along internal lot lines, use Type A or B landscaping at
least 10 feet deep, except where a greater buffer width is required per the
standards in Table 20.128.070.
Departures will be considered provided they meet the purpose of this chapter. Examples of
acceptable departures may include decorative low walls with landscaping, decorative
elevated planters, or landscaping with a trellis. In no case may landscaping buffers be less
than five feet wide. The minimum height of planters or walls, where used, is three feet. The
maximum height of walls where used shall be five feet.
Figure 20.128.070(3)(a)
Parking Lot Perimeter Landscaping Departure Examples
25
Landscaping Type C
Wall built of man
concrete, or othe
permanent mater
Mixture of low level landscaping
in a raised planter. Small trees
may be included provided they
are maintained to allow
eye -level visibility between the
sdewalk and the parking area.
;ht
Raised plar
masonry, c
other permanent material
Above are two possible departure parking lot landscaping buffer designs that may be
acceptable in more urbanized areas, such as downtown.
(b) Internal Parking Lot Landscaping.
(i) Trees and Shrubs Required.
(A) For every 1,000 square feet of vehicular use area, at least one
deciduous tree must be planted.
(B) Trees and shrubs must be planted within 15 feet of the parking lot
to count as parking lot landscaping.
(C) When a development contains 20 or more parking spaces, 50
percent of the trees and shrubs must be planted in islands or medians
located within the parking lot.
(ii) Landscaping Type.
(A) Type C landscaping shall be utilized for landscaping islands
internal to parking lots.
26
(B) At least 75 percent of the required deciduous trees must be large
trees. Medium and small trees are acceptable where overhead
electric lines would interfere with normal growth.
(C) Rain gardens and swales may be integrated into required planting
areas.
(iii) Landscaped Island Sizes. At a minimum, tree islands shall be a minimum
of 256 square feet. Planting islands must be at least six feet deep and wide.
(iv) Landscaped Island Spacing. Parking bays shall be broken up with
landscaped islands or medians to avoid long monotonous rows of parking.
Tree islands shall be evenly distributed throughout the parking lot in order to
provide an even tree canopy throughout the lot.
(v) Each parking space must be located within 75 feet of a tree measured
from the closest point of the parking space to the tree trunk.
Departures will be considered provided they meet the purpose of this chapter.
(4) Foundation Planting. Except for building facades which meet the storefront block
frontage standards in POMC 20.127. all street -facing elevations must have landscaping
along any exposed foundation. The landscaped area may be along the outer edge of a
porch instead of the foundation. This landscaping requirement does not apply to portions
of the building facade that provide access for pedestrians or vehicles to the building. The
foundation landscaping must meet the following standards:
(a) The landscaped area must be at least three feet wide.
(b) There must be at least one three -gallon shrub for every three lineal feet of
foundation.
(c) Ground cover plants must fully cover the remainder of the landscaped area.
27
Figure 20.128.070(4)
Foundation Planting
Foundation plantings would be required along this exposed concrete foundation.
(5) Existing Vegetation.
(a) Existing healthy, native, and noninvasive vegetation may be used to fulfill the
requirements of this chapter.
(b) When existing vegetation is proposed to be used to fulfill the requirements of this
chapter, that vegetation shall be shown on required landscape plans as "existing
vegetation to be retained" and prior to land disturbing activities, these areas shall be
flagged in the field and be protected by construction fencing. In the event that
existing vegetation proposed to be used to fulfill the requirements of this chapter is
altered, damaged, or removed during development or construction activity, this area
shall be restored to its original state after the development or construction activity is
complete, or, shall be replanted in accordance with a new revised landscaping plan
developed and approved in accordance with this chapter.
(6) Stormwater Facilities.
(a) Plant -based stormwater treatment facilities such as rain gardens (see POMC
20.128.060(6)) and swales may be used to meet the requirements of this section as
provided elsewhere in this chapter.
(b) Stormwater detention facilities such as ponds and collection basins may not be
used to meet the requirements of this section unless designed per subsection (6)(a)
of this section.
20.128.080 Development within required buffers.
This section applies to buffers that are required per Table 20.128.070.
28
(1) Pedestrian walkways are allowed within buffers, subject to the following standards:
(a) Walkways shall not exceed five feet in width.
(b) Walkways shall cross buffers at an angle between 60 and 90 degrees.
(c) Walkways may only run along the length of a buffer if the buffer is at least 40 feet
in width, and the walkway is located within the inner 25 percent of the buffer.
(2) Utilities are not permitted in buffers within a residential subdivision, unless no
reasonable alternative exists. However, utilities may be installed in an easement that is
located along street frontage and parallel to the street. If utilities are placed in a buffer, they
shall be located and installed in a way that minimizes disturbance of the buffer area: not
parallel, but crossing at an angle between 60 and 90 degrees. If stormwater drainage
channels are placed in a buffer at an angle less than 60 degrees, the buffer width shall be
increased by the width of the utility easement or disturbance, or at least 10 feet, whichever
is greater.
(1) General Standards. The following standards shall apply to all commercial and non-
commercial development:
Figure 10: Fence with finished side facing a street (left): fence finished on both sides
(center): fence with finished side not facing a street (right).
b) Fences and walls shall follow the contour of the ground as far as practicable.
Fences on sloped ground may be installed on an incline, or may be installed in
stepped sections. with or without an accompanying retaining wall: however.
inclined fences and stepped fences and/or walls shall have the fence and/or fence
section height measured in the same manner as level fences and shall comply with
29
the maximum height restrictions as provided in this section. Adjustments for grade
shall occur at the bottom of the fence to every extent possible. See Figure 11.
• •Ii 1T1I1i1lk
30
Figure 12. Fences that are broken up with architectural features (top two rows) and those
that are not broken up (bottom row).
(d) Approved columns or posts may exceed the height of the fence by one foot and
must meet all permit and setback requirements.
(e) Fences shall be maintained in good repair. It shall be a violation of the zoning
code to allow a fence to fall into disrepair.
(2) Fence Height. The following standards shall apply to all residential development:
(a) If a minimum linear distance of 10 feet separates a fence and retaining wall. a
fence may be erected to a height of six feet above the highest finished grade within
the 10 -foot distance.
(b) All fences in the primar
vfront
yard of single-family.
middle -housing or
multifamily residential
uses
shall not exceed
four feet
in height and a minimum 35
percent open area (see
Figures
13.14).
i
76ft. tall
? open type
apenisohd
fence
1 fence
1
1
1
1 _
1 Min. 2 k
1 4 from
1
1
fideit
1
�
rdoary 1
•
Frans Yard 8
I Ft�pit Y
1 1
1•
Local Street
Figure 13. Fence type and height— Front vs. side and rearvard.
31
ITUjjIIi1IIII Ii
IIgtuuuIii�iIII
Figure 14: Fences with at least 35 percent open area - open type fence.
(cl All fences in the rear yard. side yard. non rp imar front ront yard of single-
family. middle -housing residential. and multifamily uses may be solid and
shall not exceed six feet in height.
(d) A combination fence and retaining wall may be erected to a height of six
feet above the highest finished grade or eight feet above the lowest finished
grade. at the location of the fence. except that at no time shall the fence
portion exceed six feet above the highest finished grade at any point (see
Figure 15).15).
Sofa Fence
3
Figure 15: Fence and retaining wall on grade.
(e) A retaining wall may not elevate a fence to any height more than allowed
by this section.
(f) An entry feature or trellis may have a maximum height of 10 feet and
maximum width of 10 feet.
(g) Entry -Side Fencing for Multifamily Residential Buildings.
(i) No solid
fencing of any height is permitted
on the entry -side
of a
multifamily
iii) For the
building.
purposes of this section,
entry -side means any facade
of a
multifamily
building containing a building entrance, including
any area
within 20 feet
of that facade. regardless
of the building's location
on
the site or
(iii) Fencing
its orientation to a public
located on the entry -side
or private street.
of a multifamily building
shall
maintain a
minimum 35 percent open
area and shall not exceed
four
feet in height.
(iv) Where
a multifamily building has
multiple entrances. these
standards
() These requirements
apply to each corresponding
apply in addition
entry -side.
to the standards of
subsections
(a) through (f). Where conflicts
occur. the more
restrictive
standard shall
apply
(3) Fence and Wall Placement. The following standards shall apply to all residential
development:
)No portion of a fence or wall shall extend beyond the property line of the fenced
property into the public right-of-way unless allowed by a street use permit.
All fences or walls including fence support systems such as posts. pillars an
columns shall be set back at least to the property line and a minimum of two feet
from the back edge of a sidewalk or walkway to allow for safe passage by persons on
a sidewalk or traveled walkway or where no sidewalk or walkway exists then at least
two feet behind the edge of asphalt or back of curb.
(c) Vehicular gates must be set back at a minimum 20 feet from the travel surface of
the street or back of curb to meet vehicle stacking requirements.
33
(d) Gates adjacent to sidewalks. walkways, allesv and public rights -of -way shall
open inward to the private property.
(e) A fence along common property lines may be placed at the furthest point forward
of the adjacent property if the adjacent property allows for fence placement that
differs from the adjoining row
(f) Solid fences or walls may be erected to a height of eight feet to separate a
property from an arterial street or a frontage road adjacent to a highway. The director
shall consider the aesthetic. visual. and noise reduction characteristics of the fence
or wall. A building permit may bquired for fences exceeding six feet in height and
for walls.
(_g) Where a corner lot is permitted to have a solid fence along a nonprimary imar) front
pro e�rty line that coincides with an adjacent rrooperty's rp imar vfront yard. no fence
will be permitted that creates a site distance hazard for vehicles exiting that
4) Residential Fence and Wall Materials..
(a) Approved materials for fence construction include, but are not limited to.
commercial quality wood. brick, masonry, metal. stone. wrought iron.
manufactured vinyl or PVC fence material or any other material approved by the
director. unless otherwise prohibited by this chapter.
(b) Barbed wire or razor wire is not allowed on any pro e�rty used for residential
purposes or any property that has residential zoning.
f Electrical fencing is allowed only on properties where legal agricultural uses exist
and shall be used solely for the enclosure of livestock. This provision does not
prohibit invisible fences.
(d) Combination fences of lattice and other decorative materials may be used in
conjunction: however, at no time shall the combination exceed the overall fence
height limitation.
(e) Prohibited fence materials shall include, but are not limited to. aluminum siding.
vehicle parts, smooth face concrete masonry units/blocks, cloth or plastic tarps.
scrap wood or any other material not customarily sold for fencing.
(f) Plastic or temoorary construction fence may not be used as a permanent fence
material.
34
(g) Approved materials for wall construction include, but are not limited to: stone,
commercial quality brick, decorative masonry units, or decorative concrete or any
other material approved by the director unless otherwise prohibited by this chapter.
(5) Blank Wall Treatment. The following standards apply to all walls and retaining walls
permitted under this chapter:
(a) Blank Wall Prohibition. Any wall or retaining wall exceeding 30 feet in continuous
length or 4 feet in height that is visible from a public street, private street. driveway.
sidewalk, pedestrian pathway. or common open space shall not present an
untreated blank wall surface.
(b) Required Treatment. Walls and retaining walls subject to this subsection must
incorporate blank wall treatment. which may include, but is not limited to:
(i) Architectural features such as modulation. scoring. reveals. pilasters.
vegetative treatments capable of Drovidinproviding visual relief within two growing
(c) Material Compatibility. Blank wall treatments shall be compatible with the approved
wall materials listed in subsection 20.128.085(s) and shall be constructed of
urable, hig uality materials intended for long-term outdoor use.
(d) Retaining Wall Tiering. Where retaining walls are tiered. each tier shall be
considered part of the overall wall system. Landscaping or architectural treatment
must be provided between tiers or on the face of each tier to avoid the appearance
of a continuous blank wall.
20.128.090 Irrigation standards.
The purpose of this standard is to ensure that plants will survive the critical establishment
period when they are most vulnerable.
All required landscaped areas in the city must comply with at least one of the following:
(1) A permanent built-in irrigation system with an automatic controller will serve the
proposed landscape area, and the system will be installed and operational before the city
grants an occupancy permit or final inspection for the development.
35
(2) A temporary irrigation system will serve the proposed landscape area, provided the
applicant can successfully demonstrate that the proposed temporary irrigation system will
provide sufficient water to ensure that the plant materials to be planted will survive
installation and, once established, will survive without watering other than natural rainfall.
(3) A permanent or temporary irrigation system will not serve the proposed landscape area,
provided:
(a) The director finds the landscape area otherwise fulfills the requirements of this
section; and
(b) The applicant submits all of the following with the site plan application:
(i) A statement from a Washington State licensed landscape architect,
Washington -certified professional horticulturalist (CPH), or other qualified
individual certifying that the materials to be planted will survive without
watering other than natural rainfall.
(ii) A plan for monitoring the survival of required vegetation on the approved
site plan for at least one year and for detection and replacement of required
vegetation that does not survive with like -kind material or other material
approved by the director.
(iii) A statement from the applicant agreeing to install an irrigation system if
the director finds one is needed to ensure survival of required vegetation,
based on the results of the monitoring plan.
20.128.100 Maintenance of required buffers and landscaped areas.
(1) Maintenance Responsibility. The owners of the property and their agents, heirs, or
assigns shall be responsible for the installation, preservation, and maintenance of all
planting and physical features (installed or vegetated natural areas) required under this
chapter. Damage to these areas shall result in the revegetation requirements or fines per
Chapters 2.6, and 20.02 POMC.
(2) Inspections after Second and [ifthrYear. The director shall inspect the site two and five
years after the issuance of a permanent certificate of occupancy in order to ensure
compliance with the approved landscape plan and to ensure that the landscaping is
properly maintained. Failure to maintain required landscape areas on a permanent basis
may result in fines according to Chapters and ?0.02 POMC.
(3) Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated
Fines.
36
(a) The owners of the property and their agents, heirs, or assigns must be
responsible for maintaining all required landscaping and screening areas in a
healthy, growing condition.
(b) All landscaping and screening areas must be maintained reasonably free of
weeds and trash, must be treated for pest/diseases in accordance with the
approved landscape plan, and must be maintained so as to prevent mulch, straw,
dirt, or other materials from washing onto streets, sidewalks, and adjoining
properties.
(c) Limbing up trees and "topping" or shearing off trees is prohibited, unless
required for public safety reasons approved by the director.
(d) The property owner shall take actions to protect trees and landscaping from
unnecessary damage during all facility and site maintenance operations.
(e) Any dead, unhealthy, or missing vegetation, or vegetation disfigured by severe or
excessive pruning, unusual weather occurrence or natural catastrophe, or other
natural occurrence such as damage by wild or domestic animals, must be replaced
with equivalent vegetation that conforms to the plant materials and installation
standards in POMC 20.128.050, other applicable standards of this title, and the
approved site plan.
(f) The owner shall have one growing season to replace or replant after receiving
notice from the director. The director shall consider the type and location of the
required vegetation area in making a determination on the extent of replanting
requirements.
(g) Failure to maintain all plantings in accordance with this section shall constitute a
violation of the Port Orchard Municipal Code and may result in fines in accordance
with Chapter 20.02 POMC.
(4) Landscape Maintenance Plan. The paragraph and list below regarding a landscape
maintenance/management plan shall be placed on the landscape plan prior to plan
approval, along with any other notes applicable to site landscaping. This statement may be
individualized based on the specific characteristics of each site and its landscaping plan
requirements. The maintenance plan shall be prepared by a Washington State licensed
landscape architect, Washington -certified professional horticulturalist (CPH), or other
qualified individual.
The owners of the property and their agents, heirs, or assigns shall be responsible for the
installation, preservation, and maintenance of all planting and physical features shown on
37
this plan. The owners shall be responsible for maintenance of the vegetation, including but
not limited to:
(a) Fertilization.
(b) Pruning.
(c) Pest control.
(d) Mulching.
(e) Mowing (if any).
(f) Protection of the root zones from equipment, construction and storage of
materials.
(g) Watering.
(h) Other continuing maintenance operations.
Failure to maintain all plantings in accordance with this plan shall constitute a violation of
the Port Orchard Municipal Code and may result in fines.
20.128.110 Performance assurance/bonding.
(1) In the event that landscaping improvements cannot be installed prior to final plat, final
short plat, final unit lot subdivision, final binding site plan or formal temporary certificate of
occupancy, a cash deposit, letter of credit or other assurance acceptable to the city equal
to 150 percent of the estimated landscaping and installation costs must be required. Such
deposit must be accompanied by a letter which stipulates completion of all landscape
development no later than the next autumn planting season following issuance of th-e-a
temporary certificate of occupancy or recording date of a final plat, final short plat, final
unit lot subdivision, final binding site planfinal , whichever is later. If these
conditions are not met, the city may use the deposit to install the landscaping.
20.128.120 Maintenance assurance/bonding.
(1) Prior to granting a (permanent) certificate of occupancy and/or granting final approval of
site improvements, the owner of the subject property shall provide a two-year landscape
maintenance bond, cash set -aside, or other assurance acceptable to the city (hereafter
"assurance") in an amount equal to 125 percent of the estimated landscaping and
installation costs for the project. It shall be the owner's responsibility to request a
landscape maintenance inspection at least two years after city acceptance upon final
landscaping installation inspection. The assurance shall not be released by the city unless
the city finds upon inspection that the landscaping has been maintained and is in good
38
health. If the city finds that the landscaping has not been maintained or is not in good
health, the city may at its option require the owner to maintain and restore the required
landscaping to healthy conditions prior to releasing the landscape maintenance
assurance, or may itself perform work to correct the deficiencies using the provided
assurance. In the event that a significant amount of the required landscaping requires
replacement as determined by the director, the city may require an additional two-year
landscape maintenance assurance on all or a portion of the required landscaping.
(2) Where invasive or noxious species are identified on a site subject to Landscaping
requirements, the director may require an extended maintenance bond term of up to three
years to ensure effective removal and control. The bond shall cover replanting. weed
management, and monitoring to verify compliance with the approved landscape plan.
39
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(b) Meeting Date: March 3, 2026
POMC 20.22, 20.80, 20.90 and
20.98 — Final Plat Processing
Subject:
Discussion
Nick Bond, AICP, Development
Prepared by:
Director
Issue: The City of Port Orchard is continuing its evaluation of potential updates to its final plat review
procedures within POMC Chapters 20.22, 20.80, 20.90, and, newly added since the February Planning
Commission meeting, POMC 20.98 related to bonding. The purpose of this code update effort is to align
local procedures with state law and to establish an administrative pathway for final plat approval, including
circumstances where bonding may be accepted administratively.
In late 2025, staff initiated a review of the City's subdivision procedures to identify opportunities to
streamline final plat processing and ensure consistency with state law. Initial analysis focused on POMC
Chapters 20.22 (Procedures), 20.80 (Subdivisions), and 20.90 (Final Plats). Staff presented preliminary
findings to the Planning Commission in February 2026, outlining concerns that the City's current final plat
process may be unnecessarily duplicative and procedurally burdensome.
At the February 2026 Planning Commission meeting, staff provided an overview of state law requirements
for final plat approval and discussed the ministerial nature of final plat review. The Commission expressed
support for exploring an administrative approval pathway. To that end, staff prepared draft amendments
for further discussion. Additionally, it became apparent that while an administrative final plat approval
process may streamline the review process, an administrative mechanism to authorize the acceptance of
bonds is necessary for effective implementation.
As discussed at the February Planning Commission meeting, under the City's existing code, final plats are
processed as Type IV permits, requiring:
• Public notice
• A public hearing before a recommending body (Planning Commission or Hearing Examiner)
• A recommendation to the City Council
In practice, this results in a second public hearing at a point when the applicant has already completed all
required improvements consistent with the preliminary plat approval and any associated conditions,
typically reviewed through a Land Disturbing Activity Permit (LDAP).
40
Preliminary subdivisions, processed as Type III permits, already undergo a full public hearing before the
Hearing Examiner. The Hearing Examiner's decision includes Conditions of Approval that address code
requirements and, when appropriate, issues raised through public comment, such as enhanced vegetation
buffers or other site -specific mitigation measures. This preliminary decision provides applicants with clear,
predictable standards to meet during LDAP review and construction.
Requiring another public hearing after those conditions have been satisfied is redundant and may introduce
unnecessary uncertainty into what should be a straightforward compliance check.
State law provides that while a legislative body may retain authority for final plat approval, it may also
delegate that authority by ordinance to a planning commission or administrative staff. Because final plat
review is a ministerial process, limited to confirming that the applicant has met the conditions of
preliminary approval and applicable regulations, approval must be granted once those requirements are
met. A public hearing is not required for a final plat.
Since the February Planning Commission meeting, staff has developed draft amendments that would:
• Establish an administrative process for final plat approval
• Clarify procedural steps and responsibilities within POMC 20.22, 20.80, and 20.90
• Incorporate updates to POMC 20.98 (Bonds) to address:
• When bonding may be accepted for incomplete but minor improvements
• How bonds may be reviewed and approved administratively
• The relationship between bonding and the administrative final plat approval process
These additions ensure that the City's bonding provisions are consistent with state law and support the
streamlined administrative review pathway.
Staff expects to schedule a public hearing for the April Planning Commission meeting and will bring forward
a draft ordinance that aligns with the redline included in tonight's packet. That ordinance will focus only on
the specific sections proposed for amendment, while the full chapter redlines are provided simply to give
the Commission additional context if needed. After holding the public hearing, taking any testimony, and
completing deliberations, the Planning Commission would then be asked to forward a recommendation to
the City Council.
Attachments: Redline amendments to Port Orchard Municipal Code 20.22, 20.80, 20.90, and 20.98
2
41
City of Port Orchard, WA
CHAPTER 20.22 PERMITTING AND
DEVELOPMENT APPROVAL - PERMIT PROCESS
TYPES
§ 20.22.010. Classification.
The review and approval of land use and development permit applications shall be
classified as either Type I, II, III, IV, or V based on who makes the decision, the amount
of discretion exercised by the decision maker, the level of impact associated with the
decision, the amount and type of public input sought, and the type of appeal opportunity.
The types of decisions are set forth in this chapter. The application procedures identified
in this chapter shall be pursuant to Chapter 20.24 POMC.
§ 20.22.020. Determination of types — Table.
(1) Determination of Proper Decision Type. The director shall determine the proper
review procedure for all land use and development permit applications and actions.
If there is a question as to the appropriate type of process, the director shall resolve
it in favor of the higher process type number.
(2) Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure
required for any part of the application or processed individually under each of the
procedures identified by the code. The applicant may determine whether the
application shall be processed collectively or individually. If the application is
processed under the individual procedures option, the highest numbered type
procedure must be processed prior to the subsequent lower numbered procedure. If
the individual procedure option is chosen, the applicant will be eligible for any fee
reduction contained in the current fee schedule.
Table 20.22.020 — Permit Review Type Classifications
Type I
Type II
Type III
Type IV
Type V
Director Decision
Director Decision HE
HE Decision Judicial
City Council Decision
City Council Decision
Judicial Appeal
Appeal
Appeal
Judicial Appeal
GMHB Appeal
Building Permit'
Short Plat, Unit Lot
Preliminary Plat,
Final -Plat -(Chapter
Development
(Subtitle X of this title)
Subdivisions,
Preliminary Plat Major
20.90 POMC)
Agreement (Chapter
Preliminary, Alteration
Modifications,
20.26 POMC)
of Preliminary,
Alteration of Final,
Alteration of Final,
Vacation of Final
Vacation of Final
(Chapters 20.88 and
(Chapters 20.86 and
20.96 POMC)
20.96 POMC)
Binding Site Plan, Final
Temporary Use Permit
Variance (Chapter
Site -Specific Rezone
Comprehensive Plan
(Chapter 20.94 POMC)
(Chapter 20.58 POMC)
20.28 POMC)
without Comprehensive
Amendment — Land
Plan Amendment
Use Map Amendment,
(Chapter 20.42 POMC)
Text Amendment
(Chapter 20.04 POMC)
Preliminary Plat —
Binding Site Plan —
Conditional Use Permit
Legislative Zoning Map
Minor Modifications
Preliminary, Alteration
(Chapter 20.50 POMC)
Amendment (Chapter
(Chapter 20.88 POMC)
of Preliminary,
20.06 POMC)
Alteration of Final,
Vacation of Final
(Chapter 20.94 POMC)
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City of Port Orchard, WA
§ 20.22.020
Table 20.22.020 — Permit Review Type Classifications
§ 20.22.030
Type I
Type II
Type III Type IV
Type V
Director Decision
Director Decision HE
HE Decision Judicial City Council Decision
City Council Decision
Judicial Appeal
Appeal
Appeal Judicial Appeal
GMHB Appeal
Minor Land Disturbing
Stormwater Drainage
Shoreline Substantial
POMC Title 20 Code
Activity Permit
Permit (Chapter 20.150
Development Permit,
Amendment (Chapter
(Chapter 20.140 POMC
POMC)
Conditional Use Permit,
20.06 POMC)
and POMC
and Nonadministrative
§ 20.150.100)
Variance (Chapter
20.164 POMC)
Boundary Line
Sign Permit (if SEPA
Planned Residential
Annexations2
Adjustment (Chapter
required) (Chapter
Developments
20.84 POMC)
20.132 POMC)
Code Interpretation
Shoreline Substantial
Final Plat —Alteration
(Chapter 20.10 POMC)
Development Permit,
or Vacation (Chapter
Administrative
20.96 POMC)
(Chapter 20.164
POMC)
Legal Nonconforming
Sign Variance (Chapter
View Protection
Permit (Chapter 20.54
20.132 POMC)
Overlay District
POMC)
(VPOD) Variance
(POMC § 20.38.860)
Short Plat, Final Major Land Disturbing Flood Damage
(Chapter 20.86 POMC) Activity Permit Prevention Variance
(Chapter 20.140 POMC
(Chapter 20.170
and POMC
POMC)
§20.150. 100)
Sign Permit (if SEPA
Variance —
Flood Damage
not required) (Chapter
Administrative
Prevention Appeal
20.132 POMC)
(Chapter 20.28 POMC)
(Chapter 20.170
POMC)
Master Sign Plan
Final Plat (Chapter 20.90
POMC)
Shoreline Permit
Exemption (Chapter
20.164 POMC)
Temporary Use Permit,
Extension (Chapter
20.58 POMC)
Notes:
Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and
recommendation (POMC § 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity reservation
certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit
(Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC).
' If a building permit application does not require SEPA review, no public notice is required. If a building permit application
requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to Chapter
20.25 POMC.
2 A development agreement that is consolidated with a Type I, II, III, or IV project permit application may be appealed pursuant to
Chapter 36.70C RCW.
§ 20.22.030. Type I (administrative decision, judicial appeal).
(1) General. Type I applications are defined pursuant to POMC § 20.22.020. All Type
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City of Port Orchard, WA
§ 20.22.030
§ 20.22.040
I actions must meet all applicable requirements of the POMC in addition to the
requirements specified in this subtitle.
(2) Preapplication Conference. Type I applications do not require a preapplication
conference.
(3) Notice of Application. Type I applications do not require a notice of application,
unless environmental review is required under SEPA pursuant to Chapter 20.160
POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC.
The director shall determine which city departments are responsible for
reviewing or commenting on an application and shall ensure the affected
departments receive a copy of the application, or appropriate parts of the
application.
(b) Following a determination of technical completeness and determination of
consistency pursuant to POMC § 20.24.090, the director shall approve, deny,
or approve with conditions all Type I applications. Conditions may be imposed
directly on the plans (red -lining) or through other documentation reflected on
the plans to ensure the requirements of city codes and regulations are met
without going through another correction cycle before permit issuance.
(5) Decision.
(a) Unless a permit type has been excluded from the permit decision timelines
established in POMC § 20.24.110, pursuant to RCW 36.70B.140, all Type I
applications are subject to the permit decision timelines. If no correction cycles
are required, review should be complete within approximately 30 calendar days
from the date of technical completeness. Correction cycles will extend review
time in proportion to the time the city must wait for an applicant to submit
additional or corrected information.
(b) The decision of the director may be reflected on the plans or permit itself or
may be documented in a written report or letter of approval.
(6) Notice of Decision. Public notice of a Type I decision is not required. The applicant
shall be notified in writing or by email that the permit is ready to issue or the
application is approved.
(7) Administrative Appeal. There is no administrative appeal of a Type I decision
except for decisions that are appealable to the building board of appeals in
accordance with this title and the International Codes as adopted by the city.
(8) Judicial Appeal. A Type I decision not appealable to the building board of appeals
may be appealed directly to superior court.
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City of Port Orchard, WA
§ 20.22.040 § 20.22.040
§ 20.22.040. Type II (administrative decision, hearing examiner appeal).
(1) General. Type II applications are defined pursuant to POMC § 20.22.020. All Type
II applications must meet all applicable requirements of the POMC in addition to
the requirements specified below.
(2) Preapplication Conference. Type II actions are required to participate in a
preapplication conference pursuant to POMC § 20.24.010. A limited preapplication
conference may be allowed for projects that do not require substantial review by
other departments such as variances and design review without SEPA or street
improvement requirements.
(3) Notice of Application. Type II applications require a notice of application pursuant
to Chapter 20.25 POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC.
The director shall determine which city departments are responsible for
reviewing or commenting on an application and shall ensure the affected
departments receive a copy of the application, or appropriate parts of the
application.
(b) Following a determination of technical completeness and determination of
consistency pursuant to POMC § 20.24.090, the director shall approve, approve
with conditions, or deny all Type II applications. Conditions may be imposed
directly on the plans (red -lining), through other documentation reflected on the
plans, or in a written staff report or other decision document, to ensure the
requirements of city codes and regulations are met without going through
another correction cycle before permit issuance.
(5) Public Hearing. No public hearing is required for Type II decisions.
(6) Decision. Type II decisions are subject to the maximum 100 -day timeline
requirement pursuant to POMC § 20.24.110. A decision for a Type II action shall
be made in writing by the director and shall include the following information:
(a) A description of the proposal and a listing of permits or approvals included in
the application;
(b) A statement of the applicable criteria and standards in this code and other
applicable law;
(c) A statement of background information and facts relied upon by the department
which show the application does or does not comply with the approval criteria;
(d) A summary of public comment received and how the department or applicant
responded to the public comments or concerns; and
(e) The decision to deny or approve the application and, if approved, any
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City of Port Orchard, WA
§ 20.22.040
§ 20.22.050
conditions of approval necessary to ensure the proposed development will
comply with applicable law.
(7) Notice of Decision. Public notice of a Type II decision shall be provided pursuant
to POMC § 20.24.100. Notice of a short plat or binding site plan shall be provided
in the same manner as notice of application as set forth in Chapter 20.25 POMC.
(8) Administrative Appeal. A Type II decision, except for shoreline substantial
development permits and shoreline variances, may be appealed to the hearing
examiner within 14 calendar days of the notice of decision. A decision on a shoreline
substantial development permit or shoreline variance may be appealed to the State
Shorelines Hearings Board pursuant to Chapter 20.164 POMC. Shoreline appeal
procedures and information are available from the department or from the State
Department of Ecology. Administrative appeals of director decisions to the hearing
examiner are to be made on forms provided by the city and shall include the
following information:
(a) A brief statement regarding how the appellant is significantly affected by or
interested in the matter appealed;
(b) A specific clear and comprehensible statement of the appellant's issues on
appeal, noting appellant's specific exceptions and objections to the decision or
action being appealed;
(c) The specific relief requested, such as reversal or modification; and
(d) Signature, address, and phone and fax number of the appellant, and name and
address of appellant's designated representative, if any.
Judicial Appeal. The decision of the hearing examiner on a Type II appeal may be
appealed to superior court.
(9) 101 For Final Plats, no notice of application or public hearing is required. Decisions
are ministerial and may be appealed to the Hearing Examiner within 14 days.
§ 20.22.050. Type III (hearing examiner decision, judicial appeal).
(1) General. Type III applications are defined pursuant to POMC § 20.22.020. All Type
III applications must meet all applicable requirements of the POMC in addition to
the requirements specified below.
(2) Preapplication Conference. Type III applications are required to have a
preapplication conference pursuant to POMC § 20.24.010.
(3) Notice of Application. Type III applications require a notice of application pursuant
to Chapter 20.25 POMC.
(4) Review of Application.
(a) The director shall commence permit review pursuant to Chapter 20.24 POMC.
The director shall determine which city departments are responsible for
reviewing or commenting on an application and shall ensure the affected
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City of Port Orchard, WA
§ 20.22.050
§ 20.22.050
departments receive a copy of the application or appropriate parts of the
application.
(b) Following a determination of technical completeness and determination of
consistency pursuant to POMC § 20.24.090, the director shall prepare a written
recommendation to the hearing examiner. The director's recommendation shall
provide a description of the proposal, a listing of the permits or approvals
included in the application, a statement of the criteria and standards applicable
to the proposal, and a review of the background information and facts relied
upon by the director for the recommendation. The recommendation shall
enumerate any conditions needed to ensure the application meets each of the
applicable decision criteria.
(c) If a director recommendation is not available to the hearing examiner as
provided in this section, the hearing examiner may reschedule or continue the
hearing upon their own motion or upon the motion of a party, or the hearing
examiner may decide the matter without the recommendation.
(d) The director's recommendation, and any additional staff reports, shall be
consistent with RCW 36.70B.060(5).
(5) Public Hearing. A Type III action requires an open record hearing before the
hearing examiner.
(a) At least 14 calendar days before the date of the hearing, public notice of the
hearing shall be provided consistent with the requirements of POMC
§ 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing
notice is issued.
(c) SEPA appeals for Type III decisions maybe consolidated with a public hearing
as provided for in POMC § 20.160.240(5).
(d) The burden of proof shall be on the applicant to demonstrate that the proposal
conforms to applicable codes and standards; except that for any SEPA DNS
appeal, the burden of proof is on the appellant.
(e) The public hearing shall be conducted pursuant to the hearing examiner's
adopted rules and procedures and shall be recorded on audio or audiovisual
tape. The hearing examiner may remand an application to staff at their
discretion to allow staff to administratively address an issue or irregularity with
the application or the processing thereof.
(6) Decision.
(a) A written decision for a Type III action shall be issued by the hearing examiner
within 14 calendar days after the date the record closes, and not later than 170
calendar days after the issuance of the determination of technical completeness
pursuant to POMC § 20.24.110, whichever is earlier, unless the applicant has
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City of Port Orchard, WA
§ 20.22.050
§ 20.22.050
consented in writing to an extension of this time period. The hearing
examiner's decision shall include the following information:
(i) A description of the proposal and a listing of permits or approvals
included in the application;
(ii) A statement of the applicable criteria and standards in the municipal code
and other applicable law;
(iii) A statement of background information and facts relied upon by the
hearing examiner which show the application does or does not comply
with the approval criteria and standards;
(iv) A summary of public testimony and public comment received and how
the department or the applicant responded to the public testimony and
public comments; and
(v) The decision to deny or approve the application and, if approved, any
conditions of approval necessary to ensure the proposed development will
comply with applicable law.
(b) Notice of Decision. Public notice of a Type III decision shall be provided
pursuant to POMC § 20.24.100.
(7) Reconsideration.
(a) The hearing examiner may reconsider a Type III decision if a written request
for such administrative appeal is filed by a party of record within 14 calendar
days of the date of the notice of decision. Grounds for requesting
reconsideration shall be limited to the following:
(i) The decision or conditions of approval are not supported by facts in the
record;
(ii) The decision contains an error of law;
(iii) There is newly discovered evidence potentially material to the decision
which could not reasonably have been produced prior to the open record
predecision hearing; or
(iv) The applicant proposes changes to the proposal in response to deficiencies
identified in the decision.
(b) Any request for reconsideration shall be mailed to all parties of record on the
same day as the request is mailed or delivered to the hearing examiner.
(c) A request for reconsideration shall stop the running of the judicial appeal
period on a Type III decision for seven calendar days. During this time period,
the hearing examiner shall decide whether reconsideration is appropriate. If the
hearing examiner decides to reconsider the decision, the judicial appeal period
will be placed on hold until the reconsideration process is complete and
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City of Port Orchard, WA
§ 20.22.050
§ 20.22.060
a new decision is issued. If the hearing examiner decides to reconsider a
decision, all parties of record shall be notified.
(d) The hearing examiner shall, by order, set a schedule for other parties of record
to respond in writing to the reconsideration request and shall issue a decision
no later than 14 calendar days following the due date for submittal of written
responses. A new judicial appeal period shall commence from the date of the
hearing examiner's decision on reconsideration.
(8) Judicial Appeal. Type III decisions, except shoreline conditional use permits and
any associated shoreline permits, may be appealed to superior court. Shoreline
decisions are appealable to the State Shorelines Hearings Board.
§ 20.22.060. Type IV (city council decision, judicial appeal).
(1) General. Type IV applications are defined pursuant to POMC § 20.22.020. All Type
IV applications must meet all applicable requirements of the POMC in addition to
the requirements specified below.
(2) Preapplication Conference. Type IV applications are required to have a
preapplication conference pursuant to POMC § 20.24.010.
(3) Notice of Application. Type IV applications require a notice of application pursuant
to Chapter 20.25 POMC.
(4) Review of Application.
(a) The director shall commence review of the permit application pursuant to
Chapter 20.24 POMC. The director shall determine which city departments are
responsible for reviewing or commenting on an application and shall ensure
the affected departments receive a copy of the application or appropriate parts
of the application.
(b) Following a determination of technical completeness and determination of
consistency pursuant to POMC § 20.24.090, the director shall prepare a written
recommendation to the hearing body. The director's recommendation shall
provide a description of the proposal, a listing of the permits or approvals
included in the application, a statement of the criteria and standards applicable
to the proposal, and a review of the background information and facts relied
upon by the director for the recommendation. The recommendation shall
enumerate any conditions needed to ensure the application meets each of the
applicable decision criteria.
(c) If a SEPA determination of nonsignificance (DNS) is issued for the proposal,
the DNS will be issued in conjunction with the director's recommendation to
the hearing body.
(d) Within 14 calendar days of holding a public hearing, the hearing body shall
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City of Port Orchard, WA
§ 20.90.030
issue a recommendation on the application to the city council.
§ 20.90.040
(5) Public Hearing. A Type IV action requires an open record hearing for a
recommendation before either the hearing examiner or planning commission,
pursuant to the requirements of the individual permit application requirements.
(a) At least 14 calendar days before the date of the hearing, public notice of the
hearing shall be provided consistent with the requirements of POMC
§ 20.25.050.
(b) The director's recommendation shall be made available on the date the hearing
notice is issued.
(c) SEPA appeals for Type IV decisions may be consolidated with a public hearing
as provided for in POMC § 20.160.240(5). The burden of proof shall be on the
applicant to demonstrate that the proposal conforms to applicable codes and
standards; except that for any SEPA DNS appeal, the burden of proof is on the
appellant.
(d) The public hearing shall be conducted pursuant to the hearing body's adopted
rules and procedures and shall be recorded on audio or audiovisual tape.
(6) Decision. Following receipt of a recommendation from the hearing body, the city
council shall approve, approve with conditions, or deny a Type IV application by
ordinance. Pursuant to POMC § 20.24.110, the city council's decision must be issued
within 170 calendar days of the issuance of the determination of technical
completeness, unless the applicant has consented in writing to an extension of this
time period.
(7) Administrative Appeal. There is no administrative appeal of Type IV decisions.
(8) Judicial Appeal. A Type IV decision may be appealed to superior court.
§ 20.22.070. Type V (legislative actions).
(1) General.
(a) Type V actions are defined pursuant to POMC § 20.22.020. All Type V
proposals are legislative actions, but not all legislative actions are Type V
decisions. Legislative actions involve the creation, amendment, or
implementation of policy or law by ordinance. In contrast to other types of
actions, legislative actions apply to large geographic areas and are of interest
to many property owners and citizens.
(b) Type V actions are not subject to the application procedures in Chapter 20.24
POMC, unless otherwise specified.
(2) Public Hearing.
(a) The planning commission shall hold a public hearing and make
recommendations to the city council on Type V actions. A notice for the
public hearing shall be provided pursuant to POMC § 20.25.050.
(b) The city council may hold a public hearing on Type V actions prior to
passage of an ordinance or entry of a decision.
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
(c) The planning commission and/or city council may require more than one
public hearing for Type V actions.
(d) Notice of a public hearing shall be provided to the public at least 14
calendar days prior to the hearing by publishing notice as provided for
in POMC
§ 20.25.050. In addition to publishing notice and posting notice at City
Hall, at least 14 calendar days prior to the hearing the city shall mail notice
of the public hearing to the applicant, relevant government agencies, and
other interested parties who have requested in writing to be notified of the
hearing. If the legislative action is for a comprehensive plan amendment,
notice of the public hearing shall also be posted and mailed pursuant to
Chapter 20.04 POMC. The city may also provide optional methods of
public notice as provided in Chapter 20.25 POMC.
(3) Review. Review of Type V actions shall be pursuant to the applicable POMC
chapter for each action.
(4) Decision. The city council shall issue a final decision on all Type V actions by
passage of an ordinance.
(5) Appeals. A Type V decision may be appealed to the Growth Management Hearings
Board pursuant to the regulations set forth in RCW 36.70A.290.
(6) Legislative Enactments Not Restricted. Nothing in this section, chapter, or Chapter
20.24 POMC shall limit the authority of the city council to make changes to the
city's comprehensive plan, as part of a regular revision process, or to make changes
to the city's municipal code.
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City of Port Orchard, WA
§ 20.90.030
CHAPTER 20.80
PROVISIONS
§ 20.80.010. Title.
SUBDIVISIONS
§ 20.90.040
- GENERAL
(1) The ordinance codified in this subtitle shall be known as the city of Port Orchard
subdivision code.
(2) This chapter shall be entitled "Subdivisions — General Provisions." The provisions of
this chapter shall apply to all chapters within this subtitle.
§ 20.80.020. Authority.
This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police
powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable
laws. Pursuant to RCW 58.17.100. City Council delegates final plat approval authority to the
Community Development Director as an administrative decision under Chapter 20.22 POMC.
§ 20.80.030. Purpose.
The purpose of this subtitle is to provide rules, regulations, requirements, and standards
for the subdivision of land, for obtaining binding site plans, unit lot subdivisions, and of
the adjustment of existing lot lines within the city, ensuring:
(1) That the highest feasible quality in subdivisions will be obtained;
(2) That the public health, safety, general welfare, and aesthetics of the city shall be
promoted and protected, complying with the provisions of Chapter 58.17 RCW;
(3) That orderly growth, development, and the conservation, protection, and proper use
of land shall be promoted;
(4) That the proper provisions for all public facilities, including connectivity,
circulation, utilities, and services, shall be made;
(5) That maximum advantage of site characteristics shall be taken into consideration;
(6) Undue and unnecessary burdens are not placed on either the applicant or the city;
and
(7) That the process shall be in conformance with provisions set forth in this title and
the Port Orchard comprehensive plan.
§ 20.80.040. Applicability.
(1) The provisions of this subtitle shall apply to all lot line adjustments and the division
of any land within the corporate limits of the city of Port Orchard for sale, lease,
transfer, or building development into two or more parcels, except as expressly
stated in this subtitle.
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
(2) Land use review procedures provided in Subtitle II (Permitting and Development
Approval) of this title shall apply in addition to applicable provisions within this
subtitle.
(3) No person, firm, or corporation proposing to make, or having made, any division of
land as described above within the city limits shall enter any contract for the sale of,
or shall offer to sell, any part of the division without having first obtained its
approval as a short plat, subdivision plat, unit lot subdivision, or binding site plan in
accordance with this subtitle, unless such agreement for sale complies with RCW.
(4) All contiguous land shall be included in a plat application. Multiple applications or
applications and/or exemptions shall not be utilized as a substitute for comprehensive
subdividing in accordance with the requirements of this subtitleThe applicant shall certify
that they have included all contiguous land in a plat application and that they do not own or
otherwise have a legal interest in ownership of contiguous parcels.
(5) Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the
short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner
who has short -platted a parcel into fewer than nine lots from filing a short plat within a
five-year period to create up to a total of nine lots within the boundary of the original short
plat. Any land being divided into 10 or more parcels, lots, tracts, or sites for any purpose,
and any land which has been divided under the short plat process within five years, shall
conform to the provisions of the preliminary and final plat procedures of this subtitle. The
only exception to this provision shall be those lands being subdivided through the binding
site plan procedures of this subtitle.
§ 20.80.050. Exemptions.
Pursuant to RCW 58.17.040, the following activities are not considered short plats or
plats and the provisions of this subtitle shall not apply:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when
the city has approved a binding site plan for the use of the land in accordance with
this subtitle;
(4) A division for the purpose of lease when no residential structure other than mobile
homes or travel trailers are permitted to be placed upon the land when the city has
approved a binding site plan for the use of the land in accordance with this subtitle;
(5) Lot line adjustments made pursuant to this subtitle;
(6) 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 licensed personal wireless service. "Facilities" means unstaffed facilities
that are used for the transmission or reception, or both, of wireless communication
services including, but not necessarily limited to, antenna arrays, transmission
cables, equipment shelters and support structures;
(7) A division of land related to the acquisition or exchange of land by public agencies
for public use, except human occupancy, including but not limited to subdivisions
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City of Port Orchard, WA
§ 20.90.030
§ 20.90.040
made for road construction purposes;
(8) Portions of property deeded to the city for the limited purpose of providing a right-
of-way and/or utility facilities, such as but not limited to 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; or a
pump house, reservoir or well site; provided the remaining property is not reduced in size
below the minimum square footage required by applicable zoning, that no conflict is created
with any applicable design standards for the property, and that written approval from the
community development director is received;
(9) 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.
§ 20.80.060. Document forms.
All short plats, final plats, unit lot subdivisions, replats or binding site plans shall contain
the elements listed in RCW 58.17.160. In addition, the legal description of the
subdivision, unit lot subdivision, binding site plan, or boundary line adjustment, and
easements, dedications, acknowledgements, and other statements, shall appear
substantially in the form as follows, based on the type of land division to be recorded:
(1) 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.
(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 donee or
donees, grantee or grantees, for their use for the purpose intended by the grantors or
donors.
Know All Persons 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. This
subdivision has been made with our fee consent and in accordance with our
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City of Port Orchard, WA
§ 20.90.030
§ 20.90.040
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:
(5) City Engineer's Approval.
I hereby certify that this final/short plat/unit lot subdivision, 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/
unit lot subdivision 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 _, 20_.
City Engineer.
(6) Community Development Director's Approval.
I hereby certify that this final/short plat/unit lot subdivision 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/
unit lot subdivision, 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 _, 20_.
Community Development Director.
(7) City Co,,nc;lFinal Plat Approval.
SURVEYOR'S CERTIFICATE
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City of Port Orchard, WA
§ 20.90.030
§ 20.90.040
I hereby certify that this plat 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.
Registered Land Surveyor
Certificate No. Date:
CITY ENGINEER'S APPROVAL
I hereby certify that this final plat is consistent with all applicable City improvement
standards and requirements in force on the date of preliminary plat approval. I have
approved this final plat as to layout of streets, alleys, rights -of -way, design of bridges.
sewage and water systems, and other structures.
City Engineer Date:
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
Pursuant to RCW 58.17.100 and delegated authority under POMC. I hereby approve
this final plat, finding that it conforms to the terms of preliminary plat approval and
applicable City and State law.
Community Development Director Date:
HEALTH/WATER-SEWER RECOMMENDATION
Recommendation for approval provided by:
Local Health Department / Water -Sewer Utility Date:
CITY FINANCE DIRECTOR CERTIFICATION
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.
City Finance Director Date:
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
COUNTY TREASURER CERTIFICATION
This is to certify that all taxes heretofore levied and which have become a lien upon
the lands herein described have been fully paid and discharged according to the
records of my office.
County Treasurer Date:
COUNTY AUDITOR RECORDING
Filed at the request of this day of . 20 , and recorded
in Volume of Plats. Page(s) . Records of County. Washington.
County AuditorApproved by the City Council of the City of , this
City
Clerk
(8) 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 , 20_.
Finance Director
(9) County Treasurer Approval.
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 _, 20_. County
Treasurer
(10) County Auditor.
Filed at the request of , this day of
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
20_, and recorded in Volume of Plats,
page(s) , Records of County, Washington.
County Auditor
§ 20.80.070. Consent to access.
All persons applying for approvals under this subtitle 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.
§ 20.80.080. Limitation of liability.
It is the specific intent of this subtitle and procedures adopted under this subtitle to place
the obligation of complying with the requirements of this subtitle upon the permittee,
and no provision is intended to impose any duty upon the city, or any of its officers,
employees, or agents. Nothing contained in this subtitle is intended to be or shall be
construed to create or form the basis for liability on the part of the city, or its officers,
employees, or agents, for any injury or damage resulting from the failure of the permittee
to comply with the provisions of this subtitle, or by reason or in consequence of any act
or omission in connection with the implementation or enforcement of this subtitle or any
procedures adopted under this subtitle by the city, its officers, employees, or agents.
§ 20.80.090. Severability.
If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged
unconstitutional, or held invalid, the remainder of the subtitle or the application of the
provisions to other persons, property, structures, or circumstances shall not be affected.
Whenever any condition or limitation is included in an order authorizing a planned
development or any site plan approval, it shall be conclusively presumed that the
authorizing officer or body consider such condition or limitation necessary to carry out
the spirit and purpose of this subtitle or the requirement of some provision hereof, and to
protect the public health, safety, and welfare, and that the officer or body would not have
granted the authorization to which the condition or limitation pertains except in the belief
that the condition or limitation was lawful.
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City of Port Orchard, WA
§ 20.90.030
§ 20.90.040
CHAPTER 20.90 SUBDIVISIONS - FINAL PLAT
§ 20.90.010. Decision type — Review procedure.
A final plat is a Type W -II land use decision and shall be subject to the requirements of
and processed in accordance with the procedures for such applications and decisions as
set forth in Chapter 20.22 POMC. However, Final Plats do not require a public hearing
or notice of application. A Final Plat Decision shall be issued by the Community
Development Director consistent with POMC 20.90.040 and may be appealed to the
Hearing Examiner.
§ 20.90.020. Application.
(1) Items Required for All Final Plat Applications. A complete final plat application
shall include all of the following items listed in this section. The number of required
copies shall be as indicated on the final plat application form.
(a) The completed 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.
(b) A final plat map meeting the requirements of preliminary plat approval,
Chapter 20.88 POMC, and Chapter 58.17 RCW, in the form required by and
including the certifications and dedications described in POMC § 20.88.050.
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. Street names and lot address numbers shall be shown on the plat.
Hard copies shall be 18 inches by 24 inches or larger, scaled at not less than
one inch equals 100 feet.
(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 and improvements required by the preliminary plat will
not be constructed prior to final plat (as allowed by a bond or other security
with a development agreement, pursuant to Chapter 20.26 POMC), the
subdivider's engineer shall provide cost information for the construction and
installation of all public facilities not installed at time of final plat application,
including, but not limited to, the following:
(i) Water mains and appurtenances, including the costs of any other
associated improvement by item, including water services;
(ii) Storm drainage facilities;
(iii) Sanitary sewer;
(iv) Pedestrian/bike connections;
(v) Landscaping, including street trees; and
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
(vi) Other on- or off -site improvements as required.
(e) As -built drawings.
(f) Final plat compliance matrix.
(g) Complete legal description of the property to be subdivided.
(h) A vicinity map, approximately 800 feet to the inch.
(i) Mathematical map check (lot closures).
(j) Electronic submittal of all documents included in the final plat application, in
high -resolution PDF or DWG format as appropriate.
(2) Items That May Be Required for Final Plat Application. The items listed in this
section shall be included with the final plat application if applicable, as determined
by the director or the city engineer. The number of required copies shall be as
indicated on the final plat application form.
(a) Bill of sale for any infrastructure donated to the city.
(b) Performance/maintenance bonds or other security with cost information by
engineer.
(c) Recorded off -site easements or dedications.
(d) Water/sewer acceptance letter from West Sound Utility District.
(e) Subdivision covenants, codes and restrictions (CCRs).
(f) Stamped storm detention/retention system as -built verification.
(g) Recorded storm system covenant.
§ 20.90.030. Prescribed form.
The final plat shall be submitted to the city in the form and manner prescribed in this
section.
(1) Form.
(a) The final plat 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 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
(b) The plat map shall be 18 inches by 24 inches or larger 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.
(2) Specific Requirements. The final plat shall clearly show the following information:
(a) The lines and names of all streets and other public ways, pedestrian/bike path
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City of Port Orchard, WA
§ 20.90.030 § 20.90.040
connections, parks, playgrounds, and easements intended to be dedicated for
public use and/or common areas granted for use of inhabitants of the
subdivision;
(b) 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;
(c) The lengths and bearings of all straight lines, curve radii, curve delta, arcs, and
semitangents (where appropriate) of all curves;
(d) 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;
(e) All easements and associated restrictions and maintenance provisions;
(f) Building setbacks;
(g) 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;
(h) The area of all lots and tracts expressed in square feet;
(i) 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;
(j) The location of all permanent monuments;
(k) The names of all subdivisions immediately adjacent thereto;
(1) The date, north arrow, scale, datum plane, and date of survey;
(m) 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;
(n) A vicinity sketch map of approximately 800 feet to the inch;
(o) Street names;
(p) The stamp and signature of a surveyor licensed in the state of Washington;
(q) All linear dimensions shall be given in feet and decimals of a foot to the nearest
hundredth;
(r) The scale of the plat will be 100 feet to the inch, or as approved by the director;
(s) 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;
(t) Dedications statement; and
(u) Signature block.
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City of Port Orchard, WA
§ 20.90.040. Criteria for approval.
The Community Development Director shall verify and document the following before
granting final plat approval:A final plat application shall be approved if subdivision
proposed fr aal:
(1) Meets all general requirements for plat approval as set forth in POMC § 20.88.040;
and
(2) Substantially conforms to all terms of the preliminary plat approval; and
Meets the requirements of Chapter 58.17 RCW, other applicable state laws, this
chapter, and any other applicable city ordinances which were in effect at the time of
preliminary plat approval'.
(4) Confirmation that the engineering elements of the final plat meet all applicable city
standards and requirements:
5) Written recommendation for approval from the local health department or the
agency furnishing water and sewer services:
6) Verification that performance and/or maintenance bonds have been provided
consistent with the requirements of POMC 20.98.030 to guarantee completion of
required public improvements:
(7) A survey prepared and certified by a licensed land surveyor in compliance with
RCW 58.09 and RCW 58.17.250, and
(3(8) Certification that all taxes and delinquent assessments for the property have been
paid.
§ 20.90.050. Time limitation for approval.
The final decision to approve or deny a final plat shall be made within 30 calendar days
after the final plat application was detef.,.,ined com„'etefiled, unless the applicant
consents to an extension of such time period.
§ 20.90.060. Recording — Expiration.
(1) All final subdivisions shall be filed for record with the office of the Kitsap County
auditor. The applicant shall furnish one copy of the recorded document to the
department and one copy shall be filed with the office of the Kitsap County assessor.
Approvals of final subdivisions shall automatically expire if the plans are not
recorded within one year of the written approval date.
(2)(3) Lots may not be sold until final plat is approved and recorded with County
Auditor
§ 20.90.070. Effect of approval.
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City of Port Orchard, WA
(1) 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 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.
(2) 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 10 years after final plat approval if the final plat
is 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 finds
that a change in conditions creates a serious threat to the public health or safety in
the subdivision.
(3) Except as provided by subsection (1) 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 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.
(4) Except as provided by subsection (2) of this section, 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
seven 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 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.
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City of Port Orchard, WA
Chapter 20.98 Improvements
§ 20.98.010. Purpose.
The purpose of this chapter is:
(1) 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;
(2) To ensure that the public facilities required as part of approvals granted under this
subtitle are built according to city standards;
(3) To address bonds between the city and property owners/subdividers, allowing a
limited deferral for the construction of public facilities associated with the approval;
and
(4) To ensure that the required public facilities and public utilities are ready and
available for use when needed by the users of the subdivision.
§ 20.98.020. Completion of public facilities and improvements.
No final short plat, final plat of a subdivision, unit lot subdivision or final binding site
plan can be approved or recorded until all of the public facilities and other improvements
as specified in the short plat, preliminary unit lot subdivision, preliminary plat, or
preliminary binding site plan are constructed in a satisfactory manner and approved by
the responsible departments. As an alternative to such construction, the applicant may
post a bond, or execute a development agreement, with appropriate security in order to
record the short plat or obtain approval of the final plat, final unit lot subdivision, or
binding site plan.
§ 20.98.030. Bonds.
(1) Performance Bond May Be Posted in Lieu of Construction. The city, in its sole
discretion, may waive the requirement that the public facilities or other
improvements and dedications required under this chapter be completed/satisfied
prior to the recording of the short plat or approval of the final plat, final unit lot subdivision,
or final binding site plan, as long as the applicant posts a bond in accordance with this
section. The city's decision to allow the applicant to post a bond allows the applicant to
apply for building permits for lots in the plat, unit lot subdivision, or binding site plan
before the dedications have been made or the improvements constructed.
(2) 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:
(a) 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, final
unit lot subdivision, or final binding site plan applications, and the applicant's
progress to date toward the completion of the public facilities;
(b) The consequences that could result from the applicant's construction of the
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City of Port Orchard, WA
homes or other development contemplated by the proposed approval, before
the necessary public facilities are completed/installed; and
(c) Any other issues that may affect the public health and safety.
(3) 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 150 percent 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 two years
after the final approval.
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.
(5) Delegation of Authority for Bond Acceptance. The Community Development
Director is delegated the authority to accept performance and/or maintenance bonds
associated with final plat approvals, consistent with this section and POMC 20.90.
Such bonds may only be accepted for improvements or dedications that, if deferred
will not create an adverse impact on the public's health, safety, or general welfare.
E4)(6) Limitation on Delegated Authority. If a proposed bond would cover
improvements that are necessary to protect the public's health, safety, or general
welfare, the authority to accept such bond remains with the City Council. In such
cases, the Director shall prepare a recommendation and forward the matter to the
City Council for consideration and approval.
§ 20.98.040. Temporary improvements.
The applicant shall pay for and build all temporary improvements required by any approval,
and shall maintain those improvements as set forth in the approval. Prior to the construction of
any temporary improvement, the applicant shall provide a bond 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.
§ 20.98.050. Cost of improvements.
All required public facilities and improvements shall be constructed by the applicant/
property owner, at their sole expense, without reimbursement by the city, unless
otherwise specified in the project permit approval or development 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.
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City of Port Orchard, WA
§ 20.98.060. Inspection and acceptance of improvements.
(1) 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 satisfactorily constructed in accordance with
the approved plans and specifications or other applicable standards or regulations,
the subdivider/property owner shall be responsible for any corrections and
completion of the improvements.
(2) 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:
(a) That all required public facilities or other improvements have been
satisfactorily completed; and
(b) 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.
(3) City's Acceptance and Dedications. 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; the approval of a
final plat, absent such resolution or ordinance, shall not be deemed to constitute or
imply acceptance by the city of any street, easement, park, or other improvement on
the plat.
(4) 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 this chapter.
(5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been
accepted by the city for the construction of public facilities or other improvements in a
short plat, final plat, unit lot subdivision, 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. The city engineer may authorize the issuance of up
to 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.
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