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1619 - Ordinance - Repealing Ordinaces 1362 and 951 Short Plat and SubdivisionsRepealed by Ordinance 1 702 Date: 12-22-97 ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY OF PORT ORCHARD REPEALING ORDINANCE NO. 1362 AND ORDINANCE NO. 951, KNOWN AS THE CITY OF PORT ORCHARD SHORT PLAT AND SUBDIVISION ORDINANCE TO DECRIMINALIZE VIOLATIONS OF ESTABLISHED RULES, REGULATIONS AND PROCEDURES WHEREAS, the purpose of this ordinance is to regulate the subdivision of land within the city limits of Port Orchard and to require accurate legal descriptions and uniform monumenting of subdivisions. The controls, standards and procedures set forth in this ordinance shall serve to minimize any expected negative impact of the proposed property use and has as its purpose the improvement of the area for public good. The City Council of the City of Port Orchard deem these regulations to be essential to the protection of the public health, safety and general welfare; and the adoption thereof to be in the public interest, and WHEREAS, these subdivision regulations shall apply to all subdivision of land within the corporate limits of the City of Port Orchard. The provisions and standards contained in the ordinance shall be deemed to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the City Council to further restrict the permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards herein set forth, the promotion or protection of the public health, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses, and WHEREAS, it is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. Where this ordinance imposes a greater restriction upon the use of buildings, or land or requires larger spaces than is imposed or required by other resolutions, rules, or regulations or by easements, covenants, or other agreements, the provisions of this ordinance shall govern. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: CHAPTER 1 DEFINITIONS: That whenever the following words and phrases appear in the ordinance they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "shall" is always mandatory, the word "may" indicates a use of discretion in making a decision. "ALLEY" is a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road. Ordinance No. 1619 Page 2 of 12 "CITY" is the City of Port Orchard, Washington, and all the territory within its existing and future corporate limits. "CITY COUNCIL" is the legislative authority of the City of Port Orchard. "COMPREHENSIVE PLAN" is the current comprehensive plan of the City of Port Orchard approved by the City Council. "CUL DE SAC" is a road closed at one end by a circular area of sufficient size for turning large vehicles around. "DEDICATION" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. "FINAL PLAT" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in the state subdivision statute (RCW 58.17) and in this ordinance. "LOP" is a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. "PLANNING COMMISSION" is the commission appointed pursuant to the Port Orchard Municipal Code Chapter 2.20. "PLAT" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. "PRELIMINARY PLAT" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. "PROPERTY OWNER" those individuals, corporation, or entity who own or have an invested contractual interest in the property. "ROAD" or "STREET' is a public or approved private right-of-way which Ordinance No. 1619 Page 3 of 12 provides vehicular circulation or principal means of access to abutting properties. "SHORT PLAT" is the map or representation of the short subdivision. "SHORT SUBDIVISION" is the division of land into four or less lots, tracts, parcels, sites or subdivisions for the purpose of sale or lease. "SUBDIVISION" is the division or re -division of land and the transfer of ownership into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all re -subdivision of land. CHAPTER 2 SUBDIVISION: In order that land may be subdivided in accordance with these purposes and policies, the following subdivision regulations are hereby adopted. Section 1 Applicability: Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with standards and procedures as set forth in this ordinance. Every subdivision of land within the corporate limits of the City of Port Orchard shall proceed in compliance with this ordinance. Section 2 Exemptions: The provisions of this ordinance shall not apply to the following: a. Any cemetery or burial plot, which used for that purpose. b. Any division of land not containing a dedication, in which the smallest lot created by the division exceeds or one -one hundred twenty eighth of a section of land or five acres. C. Any division of land made by testamentary provision, the law or descent, or upon court order. d. Mobile home parks. e A division made for the purpose of adjusting boundary lines which does not create any additional lot tract, parcel, site, or division nor create any lot, tract, parcel, site, or division to meet minimum requirements for width and area for a building site; Section 3 Concomitant Agreement: Any application for a subdivision of any property may be subject to the signing of a concomitant agreement as a condition to the granting of the subdivision. The agreement shall serve to minimize the Ordinance No. 1619 Page 4 of 12 expected negative impact of the proposed subdivision and has as its purpose the improvement of the area for public good. The agreement shall include any condition of approval the City finds necessary to protect the public health, safety or general welfare. Wherever such a concomitant agreement is signed, it shall be filed and recorded with the office of the Kitsap County Auditor and officially entered as a covenant upon the land. The applicant may be required to pay the cost of the preparation of the agreement. Section 4 Administration: The City Engineer or the City Engineer's designee is vested with the duty of administering subdivision and platting regulations within the corporate areas of the City and may prepare and require the use of such forms as are essential to their administration. CHAPTER 3 SHORT SUBDIVISION: The following Procedures for Short Subdivision of land are hereby adopted: Section 1 Application. The property owner or his authorized agent, desiring to subdivide land into four or fewer lots shall file with the City a petition signed and acknowledged by him, on forms provided by the City and shall be full and complete, including such data as may be prescribed by the City. Each proposal shall be delineated in sufficient detail so that the plat is clearly defined. Required information shall include but shall not be limited to: a. Three signed copies of the application and all related material. b. The legal description of the area to be subdivided. C. Legal descriptions for each new parcel being created. A Legal Description shall include all existing easements and newly created easements within the developed structure of the legal itself. All legal descriptions shall be written in a manner which is acceptable to the City Engineer. d. Drawings to scale that describe exactly and legally the property being short platted. (1) The name of any adjacent subdivisions. (2) Lines marking the original boundaries of the site and the proposed lots. All dimensions shall coincide with the legal description. (3) Dimensions, names, and locations of existing roads and ways within or adjacent to the tract. (4) Location of existing structures with respect to all existing and proposed property boundaries. (5) North arrow Ordinance No. 1619 Page 5 of 12 (6) Scale (7) Seal and signature of Professional Land Surveyor who prepared drawings. (This requirement may be waived by the City Engineer) e. The proposed source of water and means of sewage disposal. The City Engineer shall have the proposed short subdivision reviewed to assure that all lots conform to all state and local requirements. If it is determined that the proposed short subdivision application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt and promptly forwarded to the City Engineer. Copies of the application shall be forwarded to the City Clerk, Fire Chief, Police Chief and any state or federal agency having jurisdiction over the proposal, for review and comment. Section 2 Recording of Final Short Plat. The City Engineer shall sign and date all approved short subdivisions and return the approved final short plat to the subdivider. The subdivider shall then file the short plat with Kitsap County Section 3 Auditor. The short plat shall not be deemed approved until so filed. One copy of the recorded plat shall be returned to the City for its files. Section 4 Re -subdivision Requirements. The area included in an approved short subdivision shall not be further subdivided in any manner within a period of five years from when the final plat has been approved and filed. The City Engineer may approve an amendment to an existing short plat which has been approved and filed for less than the required five years, if the total number of proposed lots do not exceed four and there is no significant adverse action as a result of the amendment. Procedures for a short plat amendment are the same as those for the short subdivision. CHAPTER 4 SUBDIVISIONS PRELIMINARY PLAT Section 1 Procedures: The following procedures are hereby adopted for establishing a Preliminary Plat: Section 2 Application. The property owner, or authorized agent, desiring to subdivide land into five or more lots, shall file with the City a petition signed and acknowledged by him/her on forms provided by the City and shall be full and complete, including such data as may be prescribed by the City Engineer. Each subdivision shall be delineated in sufficient detail so that the plat is clearly defined. Preliminary Plat requirements shall include by shall not be Ordinance No. 1619 Page 6 of 12 limited to: a. The legal description of the property or area to be subdivided, legal descriptions for each new parcel being created and shall include all existing easements and newly created easements within the developed structure of the legal itself. b. A complete and detailed written statement of the intended use of the land. C. Scaled drawings which includes survey data compiled as a result of a survey made by a registered land surveyor, site plan, area map, traffic circulation plans and any other plans and drawings deemed necessary for evaluation. Section 3 Property Owners List. A list of property owners within three hundred (300) feet of the exterior boundaries of the subject property and their addresses, shall be furnished by the applicant. Said list shall be obtained from the Kitsap County Assessor. Section 4 Filing Fee. Whenever an application for a subdivision is filed, a fee as determined by Resolution, shall be paid for the purpose of defraying the costs incidental to the proceedings. Section 5 File Number. Upon receipt of an application for a subdivision, the City shall review the proposal to assure that all lots conform to all state and local requirements. If it is determined that the proposed preliminary plat application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt. Section 6 Planning Commission Public Hearin a. Upon the proper filing of a preliminary plat application, the Planning Commission shall give proper notice and hold a public hearing at the time and a date set forth in the notice. b. Notice of the time and place of the hearing shall be published once in a newspaper of general circulation within the City, not less than ten (10) nor more than thirty (30) days prior to the hearing date. The City shall put the notice in the newspaper. C. Notice shall also be mailed to all owners of record of the properties within three hundred (300) feet of the exterior boundaries of the subject property, not less than ten (10) days prior to the hearing date. If the proposed subdivision is adjacent Ordinance No. 1619 Page 7 of 12 to the right-of-way of any State highway, notice shall be given to the State Department of Transportation, or its successor; and the State Department of Ecology, if the proposed subdivision lies within an environmentally sensitive area. The City shall mail the notice to property owners. The applicant shall be responsible for the list's accuracy. d. The Commission shall consider the facts of the proposal, the facts brought out in the hearing and any other competent facts pertaining to the subject property or to the properties adjacent to or in the vicinity thereof. The Commission shall evaluate the preliminary plat proposal for the purpose of determining if it is in furtherance of the health, safety, and general welfare of the community and that the public use and interest will be served by the platting of such subdivision. The Commission shall make written recommendations to the Council regarding the subdivision of the property and file the same with the City Clerk. Conditions of approval shall be precisely recited in the Planning Commission's report and shall include recommended improvements, if any. Such recommendation shall be submitted to the City Council not later than fourteen days following action by the Planning Commission. The recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation. A written report of the Commission's decision shall be mailed to the petitioner at the address shown on his Petition. Section 7 Final Action. Upon receipt of the recommendation of the Planning Commission on any preliminary plat, the City Council shall at its next meeting set the date for the public meeting where it may adopt, reject or modify the recommendations of the Planning Commission. If, after considering the matter at a public meeting, the City Council deems a change in the Planning Commission's recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the City Council shall conduct a public hearing and thereupon adopt its own recommendations and approve or disapprove the preliminary plat. The decision of the City Council shall be in writing and shall include findings of fact and conclusions to support the decision. In making its decision, the City Council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will Ordinance No. 1619 Page 8 of 12 be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served then the Council may disapprove the proposed plat. Dedication of land to any public body, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The City Council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. Section 8 City Council Public Hearing a. A public hearing date shall be set by the City Clerk for not more than thirty (30) days after the City Council decision to hold a public hearing. Hearings for which notice has been given in accordance with the provisions herein, may be continued for good cause and verbal notice to those present of the date, time, and place to which such hearing is continued shall be deemed sufficient notice. C. A petition which has been disapproved by the Council cannot be resubmitted to the Commission within one year of the date of disapproval. A petitioner whose petition has been disapproved by the Council may appeal to the Superior Court. d. Appeal from Decision of the City Council. The decision of the City Council shall be final and conclusive unless within thirty (30) days from the date of said action the original applicant or any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision, files and appeal to the Superior Court for Writ of Review. The filing of such appeal shall stay the effective date of the order of the City Council until such a time as the appeal shall have been adjudicated or withdrawn. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. CHAPTER 5 FINAL PLAT Section 1 PROCEDURE: The following procedures are hereby adopted for establishing a Final Plat: Ordinance No. 1619 Page 9 of 12 Section 2 Application. Within three (3) years following the approval of the preliminary plat the applicant shall file with the City Engineer an application for final approval of a subdivision plat. The application shall: a. Be made on forms provided by the City and signed by the owner of record and shall be full and complete, together with a fee as established by resolution. b. Be accompanied by three sets of as -built drawings of all improvements. C. Comply in all respects with the preliminary plat as approved. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the City may accept a bond, in an amount and with surety and conditions to it, or other secure method, providing for and securing to the City the actual construction and installation of such improvements within a time limit as specified by the City Council and expressed in the bonds. In addition, the City Council may require other methods of security, including the posting of a bond securing to the City the successful operation of improvements for an appropriate period of time up to two years after final approval. d. Be presented to the City Engineer at least four weeks prior to a regular meeting of City Council. The date of the regular meeting on approval of the final plat shall constitute the official submittal date of the plat for the purposes of these regulations. e. Be accompanied by all formal irrevocable offers of dedications to the public of, but not limited to, all streets, utilities, parks, and easements in a form approved by the City Attorney. The subdivision plat shall be marked with a notation indicating the formal offers of dedication. A full covenant and warranty deed to all land to be dedicated to the public in proper form for recording, together with a title policy. f. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of the said land and reciting a dedication by them if all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. Ordinance No. 1619 Page 10 of 12 Section 2 Signing and Recording Subsequent to the resolution of the City Council, three (3) paper copies of the construction plans, and one copy of the original of the subdivision plat on tracing cloth and/or reproducible mylar shall be submitted to the City Engineer for final review. No final approval shall be endorsed on the plat until a review has indicated that all the requirements of the preliminary plat, as approved has been satisfied. The City may accept a bond in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the City the actual construction and installation of such improvements within a period specified by the City Council and expressed in the bonds. In addition, the City may regulate the methods of security, including a posting of a bond securing to the City the successful operation of improvements for an appropriate period of time up to two years after final approval. The City Engineer is authorized to enforce bonds as approved by the City Council. When the City Engineer finds that all conditions of the resolution have been satisfied, he/she shall sign the tracing cloth and/or reproducible mylar original of the subdivision plat. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Council. Section 3 Written Approval of Subdivision - Recording When the City Council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat, as approved, and that said subdivision meets the requirements of this chapter, other applicable state laws, and local ordinances which were in effect at the time of the preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The city shall make a formal written finding of fact that the proposed subdivision or short subdivision is in conformity with any applicable zoning ordinance or other land use controls. The original of said final plat shall be filed for record with the County Auditor. Simultaneously with the filing of the plat, the City Clerk shall record the agreement of dedication and any other legal documents as shall be required to be recorded. One paper copy shall be furnished to the city engineer. One paper copy shall be filed with the County Assessor. Any lots in a final plat filed for record, shall be valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statues, ordinances and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Any decision approving or disapproving a plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or non -action by Writ of Review before Ordinance No. 1619 Page 11 of 12 the Superior Court of Kitsap County, Washington. The decision of the City Council shall be final and conclusive unless within thirty (30) days from the date of said action the original applicant or any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision, files and appeal to the superior court for a writ of review. The filing of such appeal shall stay the effective date of the order of the City Council until such a time as the appeal shall have been adjudicated or withdrawn. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. Section 4 Time Limit Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period: Provided, that is an environmental impact statement is required as provided in RCW 43.21C.030 the ninety day period shall not include the time spent preparing and circulation the environmental impact statement by the City. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this ordinance shall be submitted to the legislative body of the city for approval within three years of the date of preliminary plat approval: Provided, That this three-year time period shall retroactively apply to any preliminary plat pending before the City, as of July 24, 1983 where the authority to proceed with the filing of a final plat has not lapsed under an applicable city ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the City Council at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. CHAPTER 6 VIOLATIONS: Section 1 Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this ordinance relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a civil infraction and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provisions of this ordinance shall be deemed a separate and distinct offense. Section 2 Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the City Attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and Ordinance No. 1619 Page 12 of 12 compel compliance with all provisions of this ordinance. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. Section 3. Any person who violates any court order of injunction issued pursuant to this ordinance shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both. Section 4 In the enforcement of this ordinance, the City Attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this ordinance from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this ordinance. CHAPTER 7 REPEAL Section 1. City of Port Orchard Ordinance No. 951 and Ordinance No. 1362 are hereby repealed. CHAPTER 8 SEVERABILITY Section 1. In the event that any portion or section of this ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, the remainder of the ordinance shall not be affected and shall remain in full force and effect. PASSED by the City Council of the City of Port Orchard and signed by the Mayor and attested by the Clerk in authentication of such passage this 14th day of November, 1994. ATTEST:12 /DOHN CLAUSON, MAYOR PROTEM Michelle Hager, Deputy City Clerk APPROVED AS TO FORM: City Attorney SPONSORED BY: Councilman Childress NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 14, 1994. ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1362 AND ORDINANCE NO. 951, KNOWN AS THE CITY OF PORT ORCHARD SHORT PLAT AND SUBDIVISION ORDINANCE TO DECRIMINALIZE VIOLATIONS OF ESTABLISHED RULES, REGULATIONS AND PROCEDURES. Copies of Ordinance No. 1619 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1619 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy Clerk Publish: Port Orchard Independent November 23, 1994