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HomeMy WebLinkAbout009-26 - Ordinance - Final Plat ProcessingDocusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE ORDINANCE NO. 009-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING SUBDIVISIONS, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTERS 20.22, 20.80, 20.90, AND 20.98 TO UPDATE PROCEDURES FOR SUBDIVISION OF LAND, CREATING AN ADMINISTRATIVE PROCESS FOR FINAL PLAT APPROVAL AND MAKING CONSISTENCY EDITS FOR THE SAME, AMENDING THE FOLLOWING SECTIONS OF THE PORT ORCHARD MUNICIPAL CODE: 20.22.020 (TABLE), 20.22.040, 20.80.020, 20.80.060, 20.90.010, 20.90.040, 20.90.050, 20.90.060, AND 20.98.030, PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard has undertaken a comprehensive review of its subdivision and final plat procedures contained in Port Orchard Municipal Code (POMC) Chapters 20.22, 20.80, 20.90, and 20.98 to ensure consistency with state law and to identify opportunities to streamline final plat processing; and WHEREAS, in late 2025 City staff initiated an evaluation of the City's existing subdivision procedures and identified that the current final plat review process may be duplicative, procedurally burdensome, and not fully aligned with the ministerial nature of final plat approval under state law; and WHEREAS, staff presented preliminary findings to the Planning Commission in February 2026, outlining concerns that the City's Type IV final plat process, requiring public notice, a public hearing, and a recommendation to the City Council, results in a second public hearing even though all required improvements and conditions of preliminary plat approval have already been satisfied; and WHEREAS, preliminary subdivisions are processed as Type III permits and already undergo a full public hearing before the Hearing Examiner, whose decision includes binding Conditions of Approval that address applicable code requirements and public comments, thereby providing applicants with clear and predictable standards for subsequent construction and review; and WHEREAS, requiring an additional public hearing at the final plat stage, after all conditions have been met, is redundant and may introduce unnecessary uncertainty into what state law defines as a ministerial compliance review, and may create confusion and false expectations of the public in relation to issuance of final plat approval; and WHEREAS, RCW 58.17.100 authorizes a legislative body to delegate final plat approval authority to a planning commission or administrative staff, provided that approval is granted once the applicant has demonstrated compliance with the conditions of preliminary plat approval and applicable regulations; and Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 2 of 14 WHEREAS, staff and the Planning Commission have determined that establishing an administrative approval pathway for final plats would streamline the review process, reduce unnecessary procedural steps, and better reflect the ministerial nature of final plat review; and WHEREAS, staff also identified the need to update POMC 20.98 to provide an administrative mechanism for the acceptance and approval of performance bonds for minor incomplete improvements, ensuring that bonding procedures support and integrate with the administrative final plat approval process; and WHEREAS, amendments have been prepared to clarify procedural steps, responsibilities, and bonding provisions within POMC Chapters 20.22, 20.80, 20.90, and 20.98, ensuring consistency with state law and supporting an efficient, predictable, and legally compliant final plat review framework; and WHEREAS, on February 18, 2026 and March 18, 2026 the Land Use Committee reviewed and discussed the proposed amendments; and WHEREAS, on May 5, 2026 the Planning Commission held a properly noticed public hearing on the proposed amendments, take testimony, deliberate, and forward a recommendation of approval to the City Council in accordance with POMC procedures; and WHEREAS, the City Council finds that the proposed amendments promote efficient administration, reduce unnecessary procedural duplication, and align the City's subdivision regulations with state law requirements for ministerial final plat review; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby adopts the above recitals as findings in support of this Ordinance. SECTION 2. Section Table 20.22.020 "Permit Review Classifications" of the Port Orchard Municipal Code is hereby amended to read as follows: Table 20.22.020 — Permit Review Classifications. 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, Development (Subtitle X of this title) Subdivisions, Preliminary Plat Major Agreement (Chapter Preliminary, Alteration Modifications, 20.26 POMC) Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 3 of 14 Binding Site Plan, Final (Chapter 20.94 POMC) Preliminary Plat — Minor Modifications (Chapter 20.88 POMC) Minor Land Disturbing Activity Permit (Chapter 20.140 POMC and POMC § 20.150.100) Boundary Line Adjustment (Chapter 20.84 POMC) Code Interpretation (Chapter 20.10 POMC) Legal Nonconforming Permit (Chapter 20.54 POMC) Short Plat, Final (Chapter 20.86 POMC) Sign Permit (if SEPA not required) (Chapter 20.132 POMC) Master Sign Plan Shoreline Permit Exemption (Chapter 20.164 POMC) Temporary Use Permit, Extension (Chapter 20.58 POMC) of Preliminary, Alteration of Final, Vacation of Final (Chapters 20.86 and 20.96 POMC) Temporary Use Permit (Chapter 20.58 POMC) Binding Site Plan — Preliminary, Alteration of Preliminary, Alteration of Final, Vacation of Final (Chapter 20.94 POMC) Stormwater Drainage Permit (Chapter 20.150 POMC) Sign Permit (if SEPA required) (Chapter 20.132 POMC) Shoreline Substantial Development Permit, Administrative (Chapter 20.164 POMC) Sign Variance (Chapter 20.132 POMC) Major Land Disturbing Activity Permit (Chapter 20.140 POMC and POMC § 20.150.100) Variance — Administrative (Chapter 20.28 POMC) Final Plat (Chapter 20.90 POMC) Alteration of Final, Vacation of Final (Chapters 20.88 and 20.96 POMC) Variance (Chapter 20.28 POMC) Conditional Use Permit (Chapter 20.50 POMC) Shoreline Substantial Development Permit, Conditional Use Permit, and Nonadministrative Variance (Chapter 20.164 POMC) Planned Residential Developments Final Plat —Alteration or Vacation (Chapter 20.96 POMC) View Protection Overlay District (VPOD) Variance (POMC § 20.38.860) Flood Damage Prevention Variance (Chapter 20.170 POMC) Flood Damage Prevention Appeal (Chapter 20.170 POMC) Site -Specific Rezone Comprehensive Plan without Comprehensive Amendment— Land Plan Amendment Use Map Amendment, (Chapter 20.42 POMC) Text Amendment (Chapter 20.04 POMC) Legislative Zoning Map Amendment (Chapter 20.06 POMC) POMC Title 20 Code Amendment (Chapter 20.06 POMC) Annexations' Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 4 of 14 SECTION 3. Section 20.22.040 of the Port Orchard Municipal Code is hereby amended to read as follows: 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; Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 5 of 14 (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 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. (9) Judicial Appeal. The decision of the hearing examiner on a Type II appeal may be appealed to superior court. (10) 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. Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 6 of 14 SECTION 4. Section 20.80.020 "Authority" of the Port Orchard Municipal Code is hereby amended to read as follows: 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 Director as an administrative decision under Chapter 20.22 POMC. SECTION 5. Section 20.80.060 "Document forms" of the Port Orchard Municipal Code is hereby amended to read as follows: 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 Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 7 of 14 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 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_. Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 8 of 14 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) Final Plat Approval. SURVEYOR'S CERTIFICATE 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 Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 9 of 14 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: 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. (8) County AuditorCity 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, Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 10 of 14 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 , 20_, and recorded in Volume page(s) , Records of County, Washington. County Auditor day of of Plats, SECTION 6. Section 20.90.010 "Decision type — Review procedure" of the Port Orchard Municipal Code is hereby amended to read as follows: 20.90.010. Decision type — Review procedure. A final plat is a Type 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 Director consistent with POMC 20.90.040 and may be appealed to the Hearing Examiner. Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 11 of 14 SECTION 7. Section 20.90.040 "Criteria for approval" of the Port Orchard Municipal Code is hereby amended to read as follows: 20.90.040. Criteria for approval. The Director shall verify and document all of the following before granting final plat approval: (1) That the final plat meets all general requirements for plat approval as set forth in POMC § 20.88.040; (2) That the final plat substantially conforms to all terms of the preliminary plat approval; (3) That the final plat 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) That a written recommendation for approval has been received from the local health department or the agency furnishing water and sewer services; (6) 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 has been prepared and certified by a licensed land surveyor in compliance with RCW 58.09 and RCW 58.17.250; and (8) Certification that all taxes and delinquent assessments for the property have been paid. Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 12 of 14 SECTION 8. Section 20.90.050 "Time limitation for approval" of the Port Orchard Municipal Code is hereby amended to read as follows: 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 is filed, unless the applicant consents to an extension of such time period. SECTION 9. Section 20.90.060 "Recording — Expiration" of the Port Orchard Municipal Code is hereby amended to read as follows: 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. (2) Approvals of final subdivisions shall automatically expire if the plans are not recorded within one year of the written approval date. (3) Lots may not be sold until final plat is approved and recorded with County Auditor. SECTION 10. Section 20.98.030 "Bonds" of the Port Orchard Municipal Code is hereby amended to read as follows: 20.98.030. Bonds. (1) Authority to Accept Performance Bond 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 Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 13 of 14 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 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 time for completion of the bonded improvements, which shall be no longer than two years after the final approval. (4) 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. (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 bond agreement to the City Council for consideration and approval. SECTION 11. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 12. Corrections. Upon the approval of the city attorney the city clerk, and/or the code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance Docusign Envelope ID: 1 E1AF7D6-A2AB-8352-82ED-856F8FA28FEE Ordinance No. 009-26 Page 14 of 14 numbering, section/subsection numbers, and any reference thereto. SECTION 13. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 14. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of May 2026. LISigned by: P �zuJA stub. Robert Putaansuu, Mayor ATTEST: Signed by: '-i Brandy Wallace, MMC, City Clerk a = ► A •_ • .r /.MBE APPROVED AS TO FORM: Si ned by: !!!1llfllll4l 111 Charlotte A. Archer, City Attorney PUBLISHED: May 15, 2026 EFFECTIVE DATE: May 20, 2026