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007-16 - Ordinance - Repealing Ordinance 015-15, Repealing Chapter 16.72 and Establishing New Title 26 Subdivision CodeORDINANCE NO.007-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING; ESTABLISHING UPDATED INTERIM REGULATIONS ON SUBDIVISIONS; REPEALING ORDINANCE NO. 015-15; REPEALING CHAPTER 16.72 OF THE PORT ORCHARD MUNICIPAL CODE; ESTABLISHING A NEW TITLE 26 OF THE PORT ORCHARD MUNICIPAL CODE; ESTABLISHING A WORK PLAN; ESTABLISHING THE DATE OF A PUBLIC HEARING; SETTING TWELVE MONTHS AS THE EFFECTIVE PERIOD; DECLARING AN EMERGENCY FOR IMMEDIATE EFFECT; AND PROVIDING FOR SEVERABILITY AND CORRECTIONS. WHEREAS, City staff previously noted the need to update the City's subdivision code, previously codified under Chapter 16.72 of the Port Orchard Municipal Code (POMQ and WHEREAS, on September 8, 2015, the Port Orchard City Council (the "City Council") passed interim Ordinance No. 015-15, which repealed Chapter 16.27 of the POMC and established an interim subdivision code, codified under a newly established Title 26 of the POMC, for a period of six months; and WHEREAS, City staff requires additional time to allow for the public, the City's Planning Commission, and the City Council to review and comment on draft permanent regulations for the City's subdivision code and to officially adopt said permanent subdivision regulations; and WHEREAS, in administering the interim subdivision code over the past six months, City staff has identified necessary amendments to the interim regulations to help clarify and assist City staff in interpreting and administering the interim subdivision regulations; and WHEREAS, RCW 36.70A.390 provides that the City Council may adopt interim official controls and ordinances for a period of up to twelve (12) months provided that a public hearing is held within at least sixty (60) days of its adoption and that a work plan is established for the adoption of permanent regulations; and WHEREAS, the City Council desires to repeal Ordinance No. 015-15 and to pass this interim ordinance to adopt the updated interim subdivision code, to be codified under the newly created Title 26 of the POMC, and to be in effect for up to twelve (12) months while the public process is followed for the adoption of permanent regulations; now therefore, THE CITY COUNCIL OF THE CITY OF COVINGTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. The City Council further enters the following findings: Ordinance No. 007-16 Page 2 of 65 A. The interim POMC regulations set forth herein are in the best interest of City of Port Orchard residents. B. The interim official control regulations set forth herein satisfy all relevant criteria for approval and adoption, including RCW 35A.63.220 and RCW 36.70A.390. The City Council reserves the right to amend these findings upon holding a public hearing pursuant to Section 9 herein. Section 2.Ordinance No. 015-15 Repealed. Ordinance No. 015-15 is hereby repealed in its entirety. Section 3. POMC Chapter 16.27 Repealed. Chapter 16.72 of the Port Orchard Municipal Code is hereby repealed. Section 4. References Elsewhere in POMC to Chapter 16.72. If any other section of the Port Orchard Municipal Code refers to Chapter 16.72, or any subsection thereof, as repealed herein, those references shall be changed to "Title 26 POMC". Section S. New Interim Title 26 POMC Adopted. The updated interim subdivision code, to be codified under a newly created Title 26 POMC, attached as Exhibit 1 hereto and incorporated fully herein by this reference, is hereby adopted in its entirety. Section 6. Effect of Interim Ordinance. This interim ordinance will allow the City, during the next year, to accept subdivision applications and to process them under the updated interim regulations adopted under this ordinance, as well as to enforce the updated interim subdivision code. Section 7. Conflicts. Where provisions of other chapters of the POMC conflict with this interim ordinance, this interim ordinance shall prevail. Section 8. Public Hearing on Interim Ordinance. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this interim ordinance within sixty (60) days of its passage. Following the public hearing, the City Council may amend the findings of fact included in Section 1 herein on the subject of this interim ordinance and either justify its continued imposition or repeal this ordinance. Section 10. Work Plan. City staff is hereby directed to implement the following work plan during the interim official control period. City staff shall hold a public hearing(s) on the draft permanent subdivision code to obtain public input on such regulations, allow the Planning Commission to make recommendations to the City Council, and for the City Council to review the draft ordinance and, if desired, to adopt new permanent subdivision regulations. Section 11. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this interim ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the City Council, and that the Ordinance No. 007-16 Page 3 of 65 same is not subject to referendum. If this interim ordinance is not adopted immediately, the City staff will be required to process subdivision applications and enforce the interim subdivision code under interim Ordinance No. 015-15, and, after the automatic termination of said interim ordinance, process and enforce the same under Chapter 16.72 of the POMC until the ordinary effective date of this ordinance, which would cause undue confusion for the public and City staff. Section 12. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 13. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. Section 14. Effective Date; Sunset; Publication. This ordinance shall take effect and be in full force immediately upon its passage, having received the vote of a majority plus one of the entire council. So long as the City holds a public hearing and adopts final findings and conclusions in support of this interim ordinance, this interim ordinance shall remain effective for a period of twelve (12) months unless terminated earlier by the City Council.; PROVIDED, that the City Council may, in its sole discretion, renew this interim ordinance for one or more additional six month periods in accordance with state law. An approved summary of this ordinance consisting of the title shall be published in the official newspaper of the City. PASSED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, at a regular meeting thereof this 23rd day of February, 2016, and SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23`d day of February, 2016. Robert Putaansuu, Mayor ATTEST: F� C Hq8 � RR randy Rinearson, CIVIC, City Clerk 'o `� D. �PTEM� • �,., TE `0�,�Pe`` Ordinance No. 007-16 Page 4 of SPONSORED BY: APPROVED AS TO FORM ONLY: Bek Ashby, Councilmember ( __Sh ron Cates, City Attorney PUBLISHED: March 4, 2016 EFFECTIVE DATE: February 23, 2016 INTERIM —ADOPTED FEBRUARY 23, 2016 TITLE 26 SUBDIVISIONS 26.05 General Provisions. 26.10 Boundary Line Adjustments. 26.15 Short Subdivisions. 26.17 Large Lot Subdivisions. 26.20 Preliminary Subdivision Plats. 26.25 Construction Plans, Bonds, and Subdivision Improvement Agreements. 26.30 Final Plats and Binding Site Plans. 26.35 Vacation and Alteration of Final Plats and Final Binding Site Plans. 26.40 Preliminary Binding Site Plans. Chapter 26.05 — General Provisions 26.05.010 Purpose. 26.05.020 Definitions. 26.05.030 Applicability. 26.05.040 Administration. 26.05.050 City Standards. 26.05.060 Consent to Access. 26.05.070 Effect of Filing a Complete Application. 26.05.080 Transfer and Development of Lots Not Divided According to this Chapter. 26.05.090 Monuments. 26.05.010 Purpose. This Title 26 shall be known as the Subdivision Code, and shall supplement and implement chapter 58.17 RCW. The purpose of this Title is as follows: A. To regulate the subdivision of land; B. To promote the public health, safety and general welfare in accordance with standards established by the state; C. To prevent the overcrowding of land; D. To lessen congestion in the streets and highways; E. To promote effective use of land; F. To promote safe and convenient travel by the public on streets and highways; G. To provide for adequate light and air; H. To facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; I. To provide for proper ingress and egress; 23 February Interim Code J. To provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local comprehensive plans and comprehensive plan policies; K. To adequately provide for the housing and commercial needs of the citizens of the state; and J. To require uniform monumenting of land subdivisions and conveyancing by accurate legal description; L. To further the comprehensive plan policies addressing subdivisions and sustainability; M. To promote the preservation of critical areas and encourage low impact development; N. To serve to maintain the current character of the City; O. To encourage efficient and cost-effective provisions for installing infrastructure, limit the development impact area and minimize impervious surfaces; P. To encourage sustainable site design which will protect critical areas and the larger environment, including the preservation of natural site amenities such as watercourses, wetlands, and topographic and geologic features; Q. To encourage low impact development (LID) practices when for providing sewer and water, utilities, stormwater management, streets and sidewalks; R. To protect and preserve trees and the urban forest for its environmental and economic benefits; S. To encourage site design that can make the best use of renewable energy resources including solar and geothermal; and T. To provide adequate siting for park and recreation areas, sites for schools and playgrounds and other public requirements. 26.05.020 Definitions. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. "Adequate public facilities" means facilities which have the capacity to serve development without decreasing levels of service below minimums established by the City in the Comprehensive Plan. "Applicant" means the owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Written consent shall be required from the legal owner of the property. "Available public facilities" means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. "Binding site plan" is a drawing to scale which (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters identified in chapter 26.40 herein; (b) contains inscriptions or attachments 2 23 February Interim Code setting forth such appropriate limitations and conditions for the use of the land as are established by the decision -maker with authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan. "Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries. "Building site" means the physical portion of the real property upon which the structures in a binding site plan are situated within one lot, and which portion of the lot satisfies, or at one time satisfied, the applicable zoning code standards for physical placement, lot coverage, construction of structures and all other location and dimensional requirements for the dwelling unit. "Building setback line" means a line parallel to the front property line in front of which no structure shall be erected. The location of such line shall be determined from the regulations of the zoning ordinance of the city. "Bond" means any form of surety bond in an amount and form satisfactory to the City Public Works Director/City Engineer or City Council. "Boundary Line Adjustment" means a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site. "City" means the City of Port Orchard. "Common ownership" means ownership by the same person, corporation, firm, entity, partnership or unincorporated association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockbroker, partner or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association. "Concurrency" means that adequate public facilities are available when the impacts of development occur. This definition includes the two concepts of "adequate public facilities" and of "available public facilities" as defined above. The City has adopted concurrency regulations in chapter 16.71 POMC, which apply to the permits/approvals in this Title. "Condominium," pursuant to RCW 64.34.020(9), means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded against the property, pursuant to this Title and other applicable law. 3 23 February Interim Code "Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system. "Dedication" is the deliberate appropriation of land or rights in land by its owner for any general and public use, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. "Domestic water system" means any system providing a supply of potable water which is deemed adequate pursuant to RCW 19.27.097 for the intended use of the development. "Easement" means an authorization by a property owner for another to use the owner's property for a specified purpose. "Escrow" means a deposit of cash with the City or escrow agent, pursuant to a written agreement, in order to secure the promise to perform some act. "External buffer" means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses. "Financial commitment" means that sources of public or private funds or combinations thereof has been identified which will be sufficient to finance public facilities necessary to support development and that there is a reasonable assurance that such funds will be timely put to that end. "Final plat" is the final drawing of the subdivision and dedication prepared for filing of record with the County auditor, and containing all elements and requirements set forth in chapter 58.17 RCW and chapter 26.30 of this Title. "Landscaping" means acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees. "Large Lot Subdivision" means the division of land into lots or tracts, each of which is one -one hundred twenty-eighth of a section of land or larger, or five acres or larger, if the land is not capable of description as a fraction of a section of land, PROVIDED that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line. 4 23 February Interim Code "Level of service" means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. "Lot" means a fractional part of legally divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. "Corner lot" means a lot which abuts on two or more intersecting streets. "Flag lot" means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway. "Interior lot" means a lot which has frontage on one street only. "Irregular lot" means one which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line, or a flag lot. "Legal lot or lot of record" means a parcel of land satisfying the requirements of section 26.05.080 herein. "Nonconforming lot" means one which met applicable dimensional requirements of the zoning ordinance at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the City, no longer conforms to the current provisions of the zoning ordinance. "Through lot" means a lot fronting on two streets that is not a corner lot. "Low -impact development" means a stormwater management and site design strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns. The goal is to manage stormwater where it falls by reducing effective impervious surfaces and maintaining and/or re-establishing native vegetation. "Metes and bounds" means a description of real property which starts at a known point of beginning and describes the bearings and distances of the lines forming the boundaries of the property, and is completed when the description returns to the point of beginning. "Mid -block connection" means a thoroughfare connecting two sides of a residential block, usually located near the middle of said block and intended for pedestrian and bicycle use. 5 23 February Interim Code "Model home" means a dwelling unit used initially for display purposes which typifies the type of units that will constructed in the subdivision and which will not be permanently occupied during its use as a model. "Monument" means an object used to permanently mark a surveyed location. "Off -site" means any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval. "Open space" means a portion of land excluding building sites and parking areas which is designated and maintained as an area for leisure, recreation and other activities normally carried on outdoors. Open space may include greenbelt and recreational areas. "Pavement width" means the actual paved surface measured from edge to edge of streets or alley road surface. "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications. "Plat certificate" means a title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided. "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision of five or more lots. "Private Street" means a privately owned right-of-way which provides access for up to 10 residential units and meets the requirements of the Public Works Standards. "Public Facilities" means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities and schools. "Right-of-way" or "R/W" means a strip of land deeded or dedicated to the City for street, utility and/or drainage purposes. "Sale or lease" means any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description. 6 23 February Interim Code "Sanitary sewer systems" means all facilities, including approved on -site disposal facilities, used in the collection, transmission, storage, treatment, or discharge of any water borne waste, whether domestic in origin or a combination of domestic, commercial or industrial waste. "Setback" means the minimum distance that buildings/structures or uses must be setback from a lot line. "Setback, rear" means the minimum distance required by the Code for a building or structure to be set back from the rear lot line. "Setback, side" means the minimum distance required by this Code for a building or structure to be setback from a side lot line. "Setback, street or front setback" means the minimum distance required by this Code for a building or structure to be setback from the street lot line. "Short plat" is the map or representation of a short subdivision. "Short Subdivision" means the division or re -division of land into four or less lots, tracts, parcels or divisions for the purpose of sale or lease. "Street" means a dedicated and accepted public right-of-way for vehicular traffic. The word "street" includes but is not limited to the words "road," "drive," "boulevard" or way. "Street Standards" means the requirements contained in the standard drawings and documents specified by the city engineer as the City's adopted Street Standards. "Subdivider" means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision. "Subdivision" means the division or re -division of land into five (5) or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease, or transfer of ownership, except as provided in Section 26.05.030(D), and includes all re -subdivision of land. "Subdivision Improvement Agreement" means a contract between the City and applicant/developer pursuant to Section 26.25.050, by which the applicant agrees to complete the required public improvements in the subdivision within a specified time period following final subdivision plat approval and posts security to ensure such completion. "Surveyor" means a registered professional land surveyor licensed to practice surveying in the State of Washington. 7 23 February Interim Code "Tract" is a nonbuildable or buildable unit of land created by a subdivision, short subdivision, deed, or other instrument recorded with the appropriate county recorder. Tracts are usually held in common by the owners of an organization, such as a homeowners' association, for common benefit and are not in every instance, required to meet minimum lot size and dimensional requirements of the applicable zone. "Transportation facilities" includes capital facilities related to air, water or land transportation. "Transportation level of service standards" means a measure which describes the operational condition of the travel stream and acceptable adequacy requirements) as identified in the City's comprehensive plan (as required by RCW 36.70A.070(6)(b)l. "Utilities" or "public utilities" means enterprises or facilities serving the public by means of an integrated system of collection, transmission, distribution and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services and water, and for the disposal of sewage. 26.05.030 Applicability. A. The provisions of this Title shall apply to all divisions of land within the corporate limits of the City of Port Orchard, except as expressly stated in this Title. B. No persons shall sell, lease or transfer the ownership of, or offer for sale, lease or transfer of ownership, any real property that is subject to this Title without full compliance with this Title and the applicable portions of the City of Port Orchard comprehensive plan, and chapter 58.17 RCW. C. Divisions of land into four or less lots shall be in compliance with the regulations and standards governing short subdivisions set out in chapter 26.15, unless the binding site plan procedures of chapter 26.40 are followed. Division of land into five or more lots shall comply with regulations and standards pertaining to subdivisions contained herein and must follow the preliminary and final procedures set forth in chapters 26.20 and 26.30 of this Title, or, if applicable, the binding site plan process. D. Sale of land is prohibited unless it is a legally platted parcel of land or lot or is a parcel of land divided under the provisions of this Title, or unless such agreement for sale complies with RCW 58.17.205. E. Exemptions. The provisions of this title shall not apply to the activities described in Subsections 1 through 9 below. Cemeteries and other burial plots while used for that purpose; 8 23 February Interim Code 2. Divisions made by testamentary provisions, or the laws of descent; 3. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless service" means any federally license personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters and support structures; and 4. A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or will be used for the purpose of establishing a site for construction and operation of consumer -owned or investor -owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the City. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. 5. 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 Title; 6. 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 Title. 7. Divisions of land into lots or tracts if: (a) such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) the city or the county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county in which such land is located; and (e) the binding site plan contains thereon the following statement: "all development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city and in accordance with such other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the 9 23 February Interim Code improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. The binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deed to have been approved if the site plan was approved by a city, town or county: (i) in conjunction with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection, then pursuant to such other procedures as the City may have established for the approval of a binding site plan. 8. Right -of -Way Acquisition and Condemnation. (a) A division of land related to the acquisition or exchange of land by public agencies, for public use except human occupancy, included but not limited to subdivisions made for road construction purposes; (b) A division of land for the sole use of the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; and (c) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the County Auditor. 26.05.040 Administration. The Directors of Community Development and Public Works, hereinafter the "Directors," and/or his/her designees, are delegated the responsibilities for administration, coordination and enforcement contained in this Title, pursuant to chapter 58.17 RCW. The City Engineer shall have primary responsibility for compliance with the provisions of chapter 26.25 POMC. 26.05.050 Compliance. In addition to compliance with this Title, all subdivisions, short subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations and vacations shall adhere to all applicable adopted City standards and regulations, including, but not limited to, the comprehensive plan, the Shoreline Master Program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the City's street and utility standards, the City's zoning and building codes, the City's concurrency ordinance, public works & street standards, storm water drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the City Clerk. 10 23 February Interim Code 26.05.060 Consent to access. All persons applying for approvals under this Title shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action. 26.05.070 Effect of filing a complete application -- vesting. A complete application for a short plat, preliminary plat or binding site plan, shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully completed application for the preliminary plat approval of the subdivision, short plat approval of the short subdivision, or a preliminary binding site plan has been submitted to the Department of Community Development. The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21 C RCW (the State Environmental Policy Act). 26.05.080 Development of Lots Not Divided According to this Chapter. No building permit, septic tank permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this Title unless the Director finds that the public interest will not be adversely affected thereby. This prohibition shall not apply to lots of record as described in subsection A below, or to innocent purchasers without actual notice of such violation, as described in subsection B below. A. Legal lot criteria for building or transfer of ownership. A lot is considered a lot of record if it meets any one of the criteria listed below in this subsection A. Lots of record may be developed as separate legal lots even though such lots may not have been created according to this chapter. Even though a lot may be deemed legal, development on said lot shall be subject to all applicable sections of the City's Zoning Code. Lots of record include: a) Any lot, the legal description of which has been recorded in a plat or short subdivision filed with the County Auditor after June 1937; b) Any lot created and separately developed before June 9, 1937; c) Any lot, the legal description of which is on file with the County Auditor in an assessor's plat recorded in accordance with RCW Chapter 58.18; d) Lots created by court order for adverse possessions or divorces; and e) Lots exempted under Section 26.05.080(A) above and lots transferred to a bona fide innocent purchaser for value in accordance with this Title. 11 23 February Interim Code B. Innocent Purchaser and Public Interest. 1. Innocent purchasers. Where the purchase value of a parcel and subsequent tax assessments are consistent with a buildable lot of record, the Director may determine that an innocent purchaser without actual notice (that the parcel has been divided in violation of this Title) may be developed as lots of record. The Director's decision shall be based on the following criteria: a) Zoning. i. The parcel meets minimum zoning and dimensional requirements, including lot size, dimensions and frontage width, which are currently in effect or which were in effect at the time the parcel was created, or ii. The parcel lacks sufficient area or dimension to meet current zoning requirements but the parcel size is consistent with surrounding lots of record; b) Public health. i. The parcel meets minimum public health dimensional requirements currently in effect or which were in effect at the time the parcel was created; and ii. The Director finds that the parcel does not adversely affect public health or safety or interfere with the implementation of the Comprehensive Plan. c) Status. i. The current property owner purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was divided from a larger parcel in violation of the regulations listed under "lots of record" in Section 26.05.080 (A) (1) above. ii. The property owner completes conditions of approval which the Director determines would otherwise be imposed if the parcel had been established through platting under current standards; iii. The Director determines that improvements or conditions of approval, which would have been imposed if the parcel had been established through platting, are already present and completed. 26.05.090 Monuments. 12 23 February Interim Code A. Permanent survey control monuments shall be provided for all land divisions at: 1. All controlling corners on the boundaries of the land division; 2. The intersection of centerline of roads within the land division; and 3. The beginning and ends of curves on centerlines or points of intersections on tangents. B. Permanent survey control monuments shall be set in two-inch pipe, 24 inches long, filled with concrete, or shall be constructed of an approved equivalent. Permanent survey control monuments within a street shall be set after the street is paved. Every lot corner shall be marked by a three -quarter -inch galvanized iron pipe or approved equivalent, driven into the ground. If any land in a land division is contiguous to a meandered body of water, the meander line shall be re-established and shown on the final plat, short plat or other recorded land division instrument. Chapter 26.10 — Boundary Line Adjustments 26.10.010 Purpose and Applicability. 26.10.020 Administration. 26.10.030 Procedure. 26.10.040 Requirements for Complete Application. 26.10.050 Criteria for Approval. 26.10.060 Time Limitation for Final Decision on BLA. 26.10.070 Recording. 26.10.010 Purpose and Applicability. The purpose of this chapter is to regulate boundary line adjustments. Boundary line adjustments are allowed in order to rectify defects in legal descriptions, allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations where an established use is located across a lot line, or for other, similar purposes. This procedure cannot be used to create a new lot. 26.10.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and shall have the authority to approve or deny proposed boundary line adjustments without a public hearing in accordance with this chapter. 26.10.030 Procedure. The following steps shall be followed in the processing of boundary line adjustments: A. 23.20.040 Determination of Complete Application; B. 23.40.020 Determination of Consistency; C. 23.50.100 Notice of Decision; and D. 23.50.110 Administrative Appeal. 13 23 February Interim Code 26.10.040 Requirements for a complete application. Seven (7) Gcopies of the following materials shall be submitted to the City in order to constitute a complete application for a boundary line adjustment: A. Name, address and phone number of applicant and property owner; B. A vicinity map with north arrow; 8 1/2" x 11". The site must be clearly marked and shown in relation to the nearest major streets, roads and waterways in the area. C. A map with north arrow, at a scale of not less than one inch equal to 100 feet, 18" x 24" or larger, which depicts the existing property configuration, including all lot line dimensions and existing roads, structures, and easements; D. A separate map with north arrow, at a scale of not less than one inch equal to 100 feet, 18" x 24" or larger, which depicts the proposed property configuration, including all lot line dimensions and existing roads, structures and easements, with lines marking the original boundaries of the site; E. A separate map with north arrow, at a scale of not less than one inch equal to 100 feet, 18" x 24" or larger, which depicts the proposed property configuration, including all lot line dimensions, names and locations of existing or proposed roads and easements within or adjacent to the tract, the location(s) of existing structures within the tract, and the location(s) of all utilities. F. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor; G. A title insurance certificate updated not more than thirty days prior to recording of the Adjustment, which includes all parcels within the Adjustment. H. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format; and Completed application form and the applicable fee. 26.10.050 Criteria for approval. A boundary line adjustment shall be approved if it is determined that: 14 23 February Interim Code A. No additional lot, tract, parcel or division will be created by the proposed adjustment; B. No lot is created or modified which does not qualify as a building site pursuant to this Title or the Zoning Code or contains insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated, C. No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose; D. The overall area in a plat or short plat devoted to platted open space is not reduced; E. Approval does not cause an inconsistency with any restrictions or conditions of approval for any recorded plat or short plat; and F. The total number of lots contained within the external boundaries of the parcel subject to the boundary line adjustment will not exceed the density allowed under the current zoning or fall below minimum density standards applicable to that zone. G. The boundary line adjustment is consistent with the applicable provisions of this Title. 26.10.060 Time Limitation for Final Decision on BLA. A boundary line adjustment application shall be approved, denied or returned to the applicant for modification or correction within thirty (30) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. 26.10.070 Recording. A. The final record of survey document must be prepared by a land surveyor in accordance with chapter 58.09 RCW. The document must include all of the elements set forth in RCW 58.09.040(1) and contain a land surveyor's certificate as set forth in RCW 58.09.080, as well as approval blocks for the Public Works and Department of Community Development Directors, Treasurer, and County Auditor (Section 26.30.050(F)). B. Prior to final approval (and only if applicable), documentation authorizing the transfer of property ownership executed by the owners of the affected property shall be placed on the original boundary line adjustment map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. 15 23 February Interim Code C. After approval, the applicant shall deposit a recording fee for the boundary line adjustment with the City, and the City shall cause it to be recorded with the County Auditor. Chapter 26.15 — Short Subdivisions 26.15.010 Purpose. 26.15.020 Administration. 26.15.030 Procedure and Additional Notice. 26.15.040 Requirements for a Complete Application. 26.15.050 Criteria for Approval. 26.15.060 Dedications. 26.15.070 Time Limitation for Final Decision. 26.15.080 Construction of Improvements. 26.15.090 Restriction on Further Division. 26.15.100 Submission of Mylar for Signature. 26.15.110 Building Permits Will Not Issue Until Construction of Improvements. 26.15.010 Purpose. The purpose of the provisions in this chapter is to regulate the subdivision of land into four or fewer lots for residential, commercial or industrial use. 26.15.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve, approve with conditions, or deny proposed short subdivisions without a hearing in accordance with this chapter. 26.15.030 Procedure and Additional Notice. A. Procedure. The following steps shall be followed in the processing of short plat applications: 1. 23.20.040 Determination of Complete Application; 2. 23.30.010 Notice of Application; 3. [Insert SEPA Chapter Number] SEPA (unless exempt under SEPA, WAC 197-11-800(6)); 4. 23.40.020 Determination of Consistency; 5. 23.50.100 Notice of Decision; and 6. 23.50.110 Administrative Appeal B. Additional Notice. In addition to the notice required in the sections referenced above, the City shall provide the following additional notice as applicable: 1. If the proposed short subdivision is located adjacent to the right-of- way of a state highway, the Director shall give written notice of the application, including 16 23 February Interim Code a legal description of the short subdivision and a location map, to the State Department of Transportation; and 2. If the proposed short subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology. 26.15.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete application for a short subdivision: A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. Name, address and telephone number of the subdivider and owner(s) of the land proposed to be subdivided; 2. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and; 3. Legal description of the property to be subdivided, including legal descriptions of all proposed lots; 4. A statement, under oath, that the tract has not been subdivided within the last five years, except by an approved preliminary plat and final plat; 5. A title report dated by the title company within thirty (30) days of the date the application was submitted to the City, confirming that the title of the lands as described and shown in the plat is in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the short plat, including a statement that the short subdivision has been made with free consent and in accordance with the desires of the owner(s). If the short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; 17 23 February Interim Code 7. The owners of adjacent land and the names of any adjacent subdivisions along with three (3) sets of mailing labels containing the name and mailing address for the adjacent property owners; 8. Identification of the source of water supply for each lot; 9. Identification of the method of sanitary sewage disposal; 10. SEPA Checklist (if applicable); 11. Electronic version of all submittal documents, on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format; and 12. The City's completed application form and the application fee, as established by the City in a resolution for this purpose. B. A registered land surveyor shall prepare survey and map of the property drawn in ink upon one or more sheets of paper. The survey and all of the materials required by this Subsection shall be filed with the application for approval of the short subdivision. The survey and map shall conform to the following requirements: 1. The map shall be to scale not less than 100 feet to the inch, on a sheet size of eighteen inches by twenty-four inches or larger, and north shall be indicated; 2. The boundary lines of the tract to be short platted and the interior lot lines, and relationship to adjacent properties shall be shown (heavy line weight); 3. Length and bearing of the boundary lines and lot lines shall be shown. The map shall be referenced to the state plane coordinate system (medium line weight); 4. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight); 5. The boundary and dimensions of the "original tract," including its bearings and length of all boundary lines, assessor's parcel number, section, township and range, approximate location and widths of existing buildings, structures, utilities, underground storage tanks, dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the short plat, and applicable city or county file numbers shall be shown (fine line weight); 6. Location of all public and/or private utility service lines, including underground telephone or cable service lines; 7. All environmentally sensitive areas and their buffers; 18 23 February Interim Code 8. A statement on the face of the short plat that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five year period to create up to a total of four lots within the original short plat boundaries; 9. A certification by the land surveyor stating that all requirements of this title have been complied with; 10. The width and location of access to all short -subdivided lots proposed (medium line weight); 11. The number assigned to each lot (heavy line weight); 12. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision or dedicated to the public(heavy line weight); 26.15.050 Criteria for Approval. A. The applicant for a short subdivision must demonstrate that the application complies with all of the following: 1. All applicable statutory provisions, including, but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; and 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan elements relating to capital facilities, water, sewer and transportation. 4. The applicant shall demonstrate that there are available, adequate Public Facilities to support and service the area of the proposed short subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed short subdivision to demonstrate the expected impact upon and use of Public Facilities by the possible uses and users of the proposed short subdivision. Public Facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sewerage and water service, police protection, and firefighting water flow and fire apparatus access. 19 23 February Interim Code 5. Water and Sewer. All habitable buildings and buildable lots in the short subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the short subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, City engineer, the health department or other agency furnishing sewage disposal and supplying water as to the adequacy and availability of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the lots in the short plat and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed short subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the short plat to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements. 9. Flooding. If the proposed short subdivision is in a flood control zone as defined in chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology. B. A proposed short subdivision application shall not be approved unless the City makes written findings and conclusions that: All of the requirements in Section 26.15.050(A) are satisfied; 2. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 20 23 February Interim Code 3. The public use and interest will be served by the platting of the short subdivision and dedication; and 4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120. If the property is in a flood control zone as defined in chapter 86.16 RCW, the short subdivision shall not be approved without the prior written approval of the Washington State Department of Ecology. 26.15.060 Dedications. Dedication of land to any public body, provision of Public Facilities to serve the short subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the short plat according to the requirements of RCW 58.17.165 and Section 26.30.050(F). If the short plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the City must adopt the designated name. 26.15.070 Time limitation for Final Decision. A short subdivision application shall be approved, approved with conditions or denied within thirty (30) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period or if the preparation of an EIS is required. 26.15.080 Construction of Improvements. After approval of a short plat, the subdivider shall have sixty (60) months to construct all required Public Facilities. In lieu of construction within this time period, the subdivider may enter into a Subdivision Improvement Agreement (as allowed by Section 26.25.050), in which the subdivider contracts with the City to construct the required Public Facilities, contingent upon the posting of the necessary security. 26.15.090 Restriction on Further Division. The Mylar submitted to the City as provided in 26.15.100 below shall include a statement on the face of the short plat that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the four year period in order to create up to a total of four lots within the original short plat boundaries. 26.15.100 Submission of Final Short Plat for Signature. Prior to the expiration of the 60 month period established in Section 26.15.080, and as long as all Public Facilities required by the short subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the approved short plat to the Director. The mylar and final short plat materials shall include all of the elements described in Section 26.15.040 and Section 26.30.050. Within thirty (30) days of submission of these materials, the Director shall confirm that all improvements are complete, that the conditions have been performed and that the mylar conforms to the requirements of this chapter under the procedure set 21 23 February Interim Code forth in Section 26.25.020. If the Director finds that all such requirements have been satisfied (or that the applicant has posted a bond or provided a Subdivision Improvement Agreement with other security), the Director shall follow the procedure set forth in Section 26.30.060(D) for recording of the short plat. 26.15.110 Building permits will not issue until improvements are constructed or appropriate security is posted. If a short subdivision is approved subject to the construction of Public Facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the short plat until actual construction of the Public Facilities (and, in the case of Public Facilities that will be dedicated to the City, until after inspection and acceptance of the same by the City), or full performance of the conditions. This prohibition on the issuance of building permits under this Section shall not apply if the City has allowed the subdivider to post a bond or provided other security to the City in lieu of construction of the Public Facilities in a Subdivision Improvement Agreement. CHAPTER 26.17 LARGE LOT SUBDIVISIONS Sections: 26.17.010 Purpose. 26.17.020 Administration. 26.17.030 Procedure and Additional Notice. 26.17.040 Requirements for a Complete Application — Large Lot Preliminary Plat. 26.17.050 Criteria for Approval. 26.17.060 Dedications. 26.17.070 Time Limitations for Final Decision. 26.17.080 Effect of Preliminary Subdivision Approval; Expiration. 26.17.090 Deadline for Submission of Final Large Lot Plat Application. 26.17.100 Revisions to an Approved Large Lot Preliminary Plat. 26.17.110 Effect of Approval. 26.17.010 Purpose. The purpose of the provisions in this chapter is to regulate the subdivision of land in large lot subdivisions (which may also be referred to as large lot plats), as defined in Section 26.05.020. It is the intent of the city to process large lot subdivision applications administratively in a similar fashion as short subdivisions. As such, many sections of this chapter refer to the city's short subdivision chapter. 26.17.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve, approve with conditions, or deny preliminary large lot subdivision applications without a hearing in accordance with this chapter. 26.17.030 Procedure and Additional Notice. 22 23 February Interim Code A. The following steps shall be followed in the processing of a preliminary large lot subdivision application: [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: 1. 23.20.040 Determination of Complete Application; 2. 23.30.010 Notice of Application; 3. [Insert SEPA Chapter Number] SEPA (unless exempt under SEPA, WAC 197-11-800(6)); 4. 23.40.020 Determination of Consistency; 5. 23.50.100 Notice of Decision; and 6. 23.50.110 Administrative Appeal (if any)(with an open record hearing). B. Additional Notice. In addition to the notice required in the sections referenced above, the City shall provide the following additional notice as applicable: 1. If the proposed preliminary large lot subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the preliminary large lot subdivision and a location map, to the State Department of Transportation; and 2. If the proposed preliminary large lot subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the preliminary large lot subdivision and a location map, to the State Department of Ecology. 26.17.040 Requirements for a Complete Preliminary Large Lot Subdivision Application. The applicant shall submit the materials listed in Section 26.15.050 (for a complete short plat application) to the City, for a complete preliminary large lot subdivision application. 26.17.050 Criteria for Approval. The applicant for a preliminary large lot subdivision must demonstrate that the application complies with all of the criteria set forth in Section 26.15.050(A) (for short plats). A large lot preliminary subdivision shall not be approved unless the City makes written findings and conclusions that all of the criteria and requirements set forth in Section 26.15.050(B) (for short plats) have been satisfied. 26.17.060 Dedications. Section 26.15.060 relating to dedications in a short plat applies to preliminary large lot subdivisions. 26.17.070 Time Limitation for Final Decision. The time limitations in Section 26.20.070 apply equally for preliminary large lot subdivisions. 26.17.080 Construction of Improvements. After approval of a preliminary large lot subdivision, the subdivider shall have sixty (60) months to construct all required Public 23 23 February Interim Code Facilities. In lieu of construction within this time period, the subdivider may enter into a Subdivision Improvement Agreement (as allowed by Section 26.25.050), in which the subdivider contracts with the City to construct the required Public Facilities, contingent upon the posting of the necessary security. 26.17.090 Submission of Final Large Lot Subdivision for Signature. Prior to the expiration of the sixty (60) month period established in Section 26.17.080, and as long as all Public Facilities required by the preliminary large lot subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the approved preliminary large lot subdivision to the Director. The mylar and final preliminary large lot subdivision materials shall include all of the elements described in Section 26.15.040 and Section 26.30.050. Within thirty (30) days of submission of these materials, the Director shall confirm that all improvements are complete, that the conditions have been performed and that the mylar conforms to the requirements of this chapter under the procedure set forth in Section 26.25.060(A). If the Director finds that all such requirements have been satisfied (or that the applicant has posted a bond or provided a Subdivision Improvement Agreement with other security), the Director shall follow the procedure set forth in Section 26.30.060(D) for recording of the large lot subdivision. 26.17.100 Building permits will not issue until improvements are constructed or appropriate security is posted. If a large lot subdivision is approved subject to the construction of Public Facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the large lot subdivision until actual construction of the Public Facilities (and, in the case of Public Facilities that will be dedicated to the City, until after inspection and acceptance of the same by the City), or full performance of the conditions. This prohibition on the issuance of building permits under this Section shall not apply if the City has allowed the subdivider to post a bond or provided other security to the City in lieu of construction of the Public Facilities in a Subdivision Improvement Agreement. 26.17.110 Effect of Approval. Any lots in a final large lot subdivision filed for record shall be a valid land use, notwithstanding any change in zoning laws for a period of five (5) years from the date of filing. The large lot subdivision shall be governed by the terms of approval of the preliminary large lot subdivision, and the statutes, ordinances and regulations in effect at the time of approval, for a period of five (5) years after final approval, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the large lot subdivision. Chapter 26.20 Preliminary Subdivision Plats 26.20.010 Purpose. 26.20.020 Administration. 26.20.030 Procedure and Additional Notice. 26.20.040 Requirements for a Complete Application. 24 23 February Interim Code 26.20.050 Criteria for Approval. 26.20.060 Dedications. 26.20.070 Time Limitation for Final Decision. 26.20.080 Effect of Preliminary Subdivision Approval; Expiration. 26.20.090 Deadline for Submission of Final Plat Application. 26.20.100 Revisions to an Approved Preliminary Plat. 26.20.010 Purpose. The purpose of the provisions in this chapter is to regulate the subdivision of land into five (5) or more lots for residential, commercial or industrial use. 26.20.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The authority to hold a public hearing and provide a final decision on preliminary subdivision applications is granted to the Hearing Examiner. The City Council has the authority to make a decision on appeal after a closed record hearing. 26.20.030 Procedure and Additional Notice. A. Procedure. The following steps shall be followed in the processing of preliminary plat applications: 1. 23.20.040 Determination of Complete Application; 2. 23.30.010 Notice of Application; 3. [Insert SEPA Chapter Number] SEPA; 4. 23.40.020 Determination of Consistency; 5. 23.30.050 Notice of Public Hearing; 6. 23.50.020(C) Preparation of Staff Report; 7. 23.50 Public Hearing; 8. 23.50.100 Notice of Decision; and 9. 23.50.110 Administrative Appeal (if any). B. Additional Notice. In addition to the notice provided in the sections referenced above, the City shall also provide the following notice, as applicable: 1. If the proposed preliminary subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Transportation; and 2. If the proposed preliminary subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Ecology. 26.20.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete preliminary subdivision application: 25 23 February Interim Code A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. The proposed name of the proposed subdivision, which shall not be the same as the name of any other subdivision or development in the City; 2. Name, address and telephone number of the subdivider and of the owner(s) of the property to be subdivided; 3. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and; 4. Legal description of the property to be subdivided, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot; 5. A title report dated by the title company within thirty (30) days of the submission of the application to the City, confirming that the title of the lands as described and shown in the application is in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the preliminary plat, including a statement that the preliminary subdivision has been made with free consent and in accordance with the desires of the owner(s). If the preliminary plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the preliminary plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; 7. The owners of adjacent land and the names of any adjacent subdivisions along with three (3) sets of mailing labels containing the name and mailing address for the adjacent property owners; 8. If the subdivision is proposed to occur in two or more phases, the applicant shall provide a Subdivision Improvement Agreement on a form approved by the City Attorney, which meets the requirements of Section 26.25.050 and all of the information required by that section, as well as a map clearly showing the proposed phases and providing the proposed phasing schedule; 26 23 February Interim Code 9. SEPA Checklist; 10. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format; and 11. A completed application form and the application fee, as established by the City in a resolution for this purpose. B. A registered land surveyor shall prepare a survey and map of the property drawn in ink in one or more sheets of paper. The survey and all of the materials required by this Subsection shall be filed with the application for approval of the preliminary subdivision. The survey and map shall conform to the following requirements: 1. The map shall be to scale not less than 100 feet to the inch, on one original eighteen -inch by twenty-four inch or larger drawing, indicating north; 2. The boundary lines of the tract to be platted and the interior lot lines, and relationship to adjacent properties shall be shown (heavy line weight); 3. Length and bearing of the boundary lines and lot lines shall be shown. The map shall be referenced to the state plane coordinate system (medium line weight); 4. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight); 5. Approximate location and widths of existing buildings, structures, utilities, underground storage tanks, dimensions of all easements and/or streets within or adjoining the short plat, and applicable city or county file numbers shall be shown (fine line weight 6. A certification by the land surveyor stating that all requirements of this title have been complied with; 7. The location of the nearest public street and utilities (medium line weight); 8. Identification of the source of water supply for each lot, including water line and fire hydrant locations, generalized plans of proposed water distribution systems, storm sewers, sewerage systems and shoreline modifications, if any, including locations and sizing; 9. If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines 27 23 February Interim Code 10. All environmentally sensitive areas, their buffers and minimum building setbacks intervals; 11. A map showing topographic lines at five (5) foot intervals; 12. Proposed final grading plan with topographical lines at five (5) foot 13. The number assigned to each lot (heavy line weight); and 14. The boundaries of all lands reserved in the deed for common use of the property owners of the subdivision (heavy line weight); C. Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of Section 26.20.050 below and all other applicable City codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in Section 26.20.100 below. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established in Section 26.20.090, a Subdivision Improvement Agreement under Section 26.25.050 must be approved. 26.20.050 Criteria for Approval. A. The applicant for a preliminary subdivision must demonstrate that the application complies with all of the following: All applicable statutory provisions, including but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan's capital facilities, water, sewer and transportation elements. 4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available Public Facilities to support and service the area of the proposed preliminary subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed preliminary subdivision to demonstrate the expected impact upon and use of Public Facilities by the possible uses and users of the proposed preliminary subdivision. Public Facilities and services to be examined for 28 23 February Interim Code adequacy and availability will include roads and public transportation facilities, sewerage and water service, police protection, and firefighting water flow and fire apparatus access. 5. Water and Sewer. All habitable buildings and buildable lots in the preliminary subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, City engineer, the local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Drainage Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements. 9. Flooding. If the proposed preliminary subdivision is in a flood control zone as defined in chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology. 10. Model Homes. For the purpose of allowing the early construction of model homes in a preliminary subdivision, the Hearing Examiner may permit a portion of a preliminary subdivision involving no more than two lots to be created in accordance with the procedures for short subdivisions in chapter 26.15, as long as the portion derives access from an existing City, County or State highway, and provided no future road or other improvement is anticipated where the lots are proposed. The short subdivision application for the Model Homes shall be submitted to the City simultaneously with the preliminary plat application for the preliminary subdivision. The 29 23 February Interim Code City shall not approve the short subdivision application for the Model Homes unless and until the City approves the associated preliminary plat application. This procedure requires the applicant for the short subdivision to waive any deadline in Section 26.15.070 for issuance of a final decision on the short subdivision. B. A proposed preliminary subdivision application shall not be approved unless the City makes written findings and conclusions that: All of the requirements in Section 26.20.050(A) are satisfied; 2. Appropriate provision are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 3. The public use and interest will be served by the platting of the preliminary subdivision and dedication; 4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120; 5. The applicant agrees to install and dedicate all Public Facilities prior to the City's approval of the final plat, unless the applicant has executed a Subdivision Improvement Agreement and has provided the necessary security for the Agreement. 26.20.060 Dedications. Dedication of land to any public body, provision of Public Facilities to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the recorded plat. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city must adopt the designated name. 26.20.070 Time limitation for Final Decision. A preliminary plat application shall be approved, approved with conditions or denied within one hundred -twenty (120) days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; PROVIDED that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty (120) day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 26.20.080 Effect of Preliminary Subdivision Approval. A. Approval of the preliminary subdivision by the City shall constitute direction to the applicant to develop construction plans and specifications for the 30 23 February Interim Code required Public Facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the City and any special conditions imposed on the approval. B. Permission shall not be granted for installation of required Public Facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to Section 26.25.020. 26.20.090 Deadline for Submission of Final Plat Application. A final plat application meeting all of the requirements of the preliminary subdivision approval and this Title shall be submitted to the City for approval: A. Within ten (10) years of the date of preliminary plat approval if the project is within city limits, not subject to requirements adopted under chapter 90.58 RCW, and the date of preliminary plat approval is on or before December 31, 2007; or B. Within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014; or C. Within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. 26.20.100 Revisions to an Approved Preliminary Plat. An application for a revision to an approved preliminary plat may be submitted before a final plat application is submitted, as follows: A. Minor Revisions to an Approved Preliminary Plat. The Director is authorized to make the determination on a minor revision to an approved preliminary plat without a public hearing. 1. Defined. Minor revisions to an approved preliminary plat are those which do not change: (a) the plat boundaries; (b) the conditions of preliminary plat approval, (c) road alignments or connections and/or do not increase the number of lots by more than five percent or five (5) lots, whichever is less. 2. Application. A complete application for a preliminary plat revision shall consist of the following: a. application form and filing fee, b. site plan showing the proposed modification, using the same plan format as in the original approval; and C. explanation in narrative form of the requested modification. 3. Processing. The following steps shall be followed in the processing of an application for a minor revision: 31 23 February Interim Code a. 23.20.040 Determination of Complete Application; b. 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA (unless exempt under WAC 197-11-800); and d. 23.40.020 Determination of Consistency; e. 23.50.100 Notice of Decision; and f. 23.50.110 Administrative Appeal (if any). 4. Criteria for approval. The Director shall approve, approve with conditions or deny a proposed minor preliminary subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied: a. The proposed revision meets the criteria in Section 26.20.050(A); and b. The revision will not be inconsistent with, or cause the subdivision to be inconsistent with the findings, conclusions or decision made by the City in its approval of the preliminary plat. 5. Time Limitation for Final Decision. The minor subdivision revision application shall be approved, approved with conditions or denied within one hundred twenty days (120) after a complete application is submitted, unless the applicant consents to an extension in writing of such time period, PROVIDED, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 6. Deadline for Submission of Final Plat Not Extended. Approval of a minor preliminary subdivision revision shall not extend the deadline set forth in Section 26.20.090 for submission of a final plat application to the City. B. Major preliminary plat revisions. 1. Defined. A major preliminary plat revision is any application for a revision of a preliminary plat that does not meet the definition of a minor preliminary plat revision. 2. Application. An application for a major preliminary plat revision shall include all of the elements of a complete preliminary plat application. 3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary plat revision shall be the same as those for a preliminary plat application. 4. Deadline for Submission of Final Plat Not Extended. Unless the decision -maker on a major preliminary plat revision finds that the approved revision is in 32 23 February Interim Code the public interest, the deadline for submission of the final plat application in Section 26.20.090 shall not be extended. Chapter 26.25 CONSTRUCTION PLANS, BONDS AND SUBDIVISION IMPROVEMENT AGREEMENTS 26.25.010 Purpose. 26.25.020 Construction Plans — Engineering Review. 26.25.030 Completion of Public Facilities and Other Improvements. 26.25.040 Bonds. 26.25.050 Subdivision Improvement Agreements. 26.25.060 Temporary Improvements. 26.25.070 Cost of Improvements. 26.25.080 Acceptance of Dedication Offers. 26.25.090 Inspection and Acceptance of Improvements. 26.25.010 Purpose. The purpose of this Chapter is: A. To require the subdivider's submission of construction plans for development of the subdivision to the City for review and approval of specific construction details for all Public Facilities; B. To ensure that the Public Facilities required as part of approvals granted under this Title are built according to City standards; C. To allow Subdivision Improvement Agreements (or Development Agreements) between the City and property owners for phasing of a preliminary plat or to address any other situation in Section 26.25.040(A); D. To address bonds and Subdivision Improvement Agreements between the City and property owners/subdividers, allowing a limited deferral for the construction of Public Facilities associated with the approval; and E. To ensure that the required Public Facilities and public utilities are ready and available for use when needed by the users of the subdivision. 26.25.020 Construction Plans — Engineering Review. A. Construction plans are required for all applications which seek to divide land and/or create parcels, tracts or lots under this Title. Following approval of the application, the applicant shall submit the applicable plan and review fees to the City Engineer, as well as three complete sets of construction plans and specifications (sheet size 22 inches by 34 inches) prepared by an engineer registered in the State of Washington, showing all Public Facilities or other improvements required by the approval. The applicant shall identify, either on the plans or by separate document, the 33 23 February Interim Code engineer retained by the applicant to provide certification of all Public Facilities and improvements. B. The City Engineer's review of the plans shall not be subject to the permit processing requirements of chapter 36.70B RCW, chapter 23.30 or this Title. Such plans must be approved by the City Engineer prior to the initiation of any work, including grading, on the subject site. Approval of the construction plans shall expire according to the deadlines established in this Title for the underlying application. C. After the City Engineer has approved the construction plans and specifications, the applicant may proceed as follows: (1) Prior to the submission of a final plat or final binding site plan application for approval, or a short plat for recording, all streets, alleys, sidewalks, pedestrian/bike connections, landscaping, storm drainage, utilities, monumentation, street lights, trees, and any other Public Facilities or improvements shall be installed to the satisfaction of the City Engineer, in conformance with the Public Works Standards and this Title. If the applicant desires to defer construction for a limited time in order to obtain final plat or final binding site plan approval, the applicant shall submit a request for a Subdivision Improvement Agreement under Section 26.25.060. (2) The applicant's engineer shall provide as -built drawings of all Public Facilities, and all other improvements to be dedicated to and maintained by the City, to the City Engineer for approval, in conformance with the Public Works Standards and this Chapter. 26.25.030 Completion of Public Facilities and Other Improvements. Before a short plat can be recorded or a final plat of a subdivision or final binding site plan approved, all applicants are required to install all of the Public Facilities or other improvements, as specified in the short plat, preliminary plat or preliminary binding site plan approval, the Port Orchard Municipal Code or Public Works Standards. As an alternative to such installation, the applicant may post a bond or execute a Subdivision Improvement Agreement with appropriate security in order to record the short plat or obtain approval of the final plat or binding site plan. Another prerequisite to such recording or approval is the dedication of those improvements to the City or other utility, free and clear of all liens and encumbrances on the dedicated property and Public Facilities. 26.25.040 Bonds. A. Performance Bond May Be Posted in Lieu of Construction. The City, in its sole discretion, may waive the requirement that the Public Facilities or other improvements and dedications be completed/satisfied prior to the recording of the short plat or approval of the final plat 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 or 34 23 February Interim Code binding site plan before the dedications have been made or the improvements constructed. B. When Performance Bond is Appropriate. The City may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to: 1. The date of the applicant's request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat or final binding site plan applications, and the applicant's progress to date toward the completion of the Public Facilities; 2. The consequences that could result from the applicant's construction of the homes or other development contemplated by the proposed approval, before the necessary Public Facilities are completed/installed; and 3. Any other issues that may affect the public health and safety. C. Acceptable Bonds. No bond shall be accepted by the City unless it is submitted on the form approved in advance by the City Attorney and from a bonding company licensed to do business in the State of Washington. The City Engineer shall determine the amount of the bond, which shall be no less than one hundred fifty percent (150%) of the estimated cost of the Public Facilities or improvements. The City Engineer shall make a recommendation as to the length of the bond, which shall be no longer than 2 years after the final approval. D. Warranty Bond. Once the Public Facilities have been constructed, the dedications made and City has inspected and approved the Public Facilities, the applicant shall provide the City with a Warranty Bond meeting all the requirements of this Section to ensure the successful operation of the Public Facilities, for a period of two years after such inspection and approval. 26.25.050. Subdivision Improvement Agreement. A. Purpose. A Subdivision Improvement Agreement may be entered into by and between the City and the owner of property within the City, to address such project elements as those set forth in RCW 36.70B. 1 70(B)(3). The Subdivision Improvement Agreement shall be consistent with the applicable development regulations of the City. The consideration provided by the property owner for the City's decision to enter into the Subdivision Improvement Agreement may vary, depending on the benefits that the Agreement will provide to the City and/or the public in general. The City may require a Subdivision Improvement Agreement in those situations where the Developer chooses to post a bond or other security, in order to ensure that the requirement for installation of the subdivision improvements is an obligation that runs with the subject property. 35 23 February Interim Code The Subdivision Improvement Agreement shall have a duration of not longer than one (1) year after bond expiration. No Subdivision Improvement Agreement may extend the deadlines for recording of a short plat in Section 26.15.080, or for submission of a final plat in Section 26.20.090, or for submission of a final binding site plan in Section 26.40.090. Execution of a Subdivision Improvement Agreement as provided in this Section or posting of a Performance Bond does not eliminate the requirement for the applicant to post a Warranty Bond, pursuant to Section 26.25.040 (D). However, the property owner may choose to address the requirement for a Maintenance Bond in the Subdivision Improvement Agreement, as provided below. B. Form. All Subdivision Improvement Agreements shall be on the standard form, approved in advance by the City Attorney. C. Effect. Subdivision Improvement Agreements are not project permit applications and are not subject to the permit processing procedures in chapter 36.70B RCW and Title 23 of this Code. A Subdivision Improvement Agreement shall constitute a binding contract between the City and the property owner (and/or subsequent owners of any later -acquired interests in the property identified in the Subdivision Improvement Agreement). A Subdivision Improvement Agreement governs the construction of the Project identified in the Agreement during the term of the Agreement, or for all or that part of the build -out period specified in the Agreement. A permit or approval granted by the City after execution of a valid Subdivision Improvement Agreement must be consistent with the Agreement. D. Limitations. Any provision of the Subdivision Improvement Agreement which requires the City to: (1) refrain from exercising any authority; (2) forego adoption of any development regulations affecting the property identified in the agreement; (3) allow vesting beyond the applicable deadlines for a phased development; shall be limited to a period of twenty (20) years. The Agreement shall also contain a proviso that the City may, without incurring any liability, engage in action that would otherwise be a breach of the Agreement if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. E. Termination and Modification. Every Subdivision Improvement Agreement shall have an identified, specific termination date. Upon termination, any further development of the property shall conform to the development regulations applicable to the property. The City shall not modify any Agreement by extending the termination date except in certain limited circumstances where additional consideration has been provided to the City. Any request for modification of the Agreement, and any required application revision, shall be consistent with the City's development regulations applicable to the property at the time of the request, not the original execution date of the Agreement or earlier. F. Application Requirements. A complete application for a Subdivision Improvement Agreement shall consist of the following: 36 23 February Interim Code 1. Name, address, telephone number and e-mail address of the property owner. If the applicant is not the property owner, the applicant must submit a verified statement from the property owner that the applicant has the property owner's permission to submit the application; 2. Address, parcel number and legal description of the property proposed to be subject to the Subdivision Improvement Agreement; 3. Recent title report confirming that the property identified in the application is owned by the applicant/property owner signing the verified statement; 4. SEPA Checklist; 5. Identification of the application that is related to the Subdivision Improvement Agreement; 6. A completed application form and application fee established by the City in a resolution adopted for this purpose; 7. Any other information requested by the Community Development Director relevant to the processing of the Subdivision Improvement Agreement. G. Covenants Recorded Against the Property. The Subdivision Improvement Agreement must be signed by the owner(s) of the property, shall run with the land and bind all heirs or successors of the property. H. Security Required. The City may require that the developer provide a letter of credit or cash escrow as security for the promises contained in the Subdivision Improvement Agreement. Either security shall be in an amount equal to one hundred twenty percent (120%) of the estimated cost of completion of the required public improvements. 1. Letter of Credit. If the applicant chooses to post a letter of credit, as security for the Subdivision Improvement Agreement, such form shall be approved in advance by the City Attorney. The letter of credit shall be (a) irrevocable; (b) for a term sufficient to cover the completion, maintenance and warranty periods for the improvements; and (c) require only that the City present the letter of credit with a sight draft and an affidavit signed by the City Attorney, attesting to the City's right to draw funds under the Letter of Credit. 2. Cash Escrow. If the applicant posts a cash escrow as security for the Subdivision Improvement Agreement, such form shall be approved in advance by the City Attorney. The Escrow instructions shall provide that (1) the subdivider will have no right to a return of any of the funds except as provided herein; and (2) that the escrow agent shall have a legal duty to deliver the funds to the City whenever the City 37 23 February Interim Code Attorney presents an affidavit to the agent, attesting to the City's right to receive funds, whether or not the subdivider protests that right. If and when the City accepts the offer of dedication for the last completed required Public Facility, the City shall execute a waiver of its right to receive all but a pre -arranged amount of the "residual" portion of the funds. The residual funds shall be security for the applicant's covenant to maintain the required Public Facilities and to warrant that the same will be free from any defects for the required two year period. Phasing. 1. In order to phase a project to extend the vested rights associated with an underlying project permit application, a Subdivision Improvement Agreement is required. This ensures the availability of Public Facilities and Services to all of the property in the identified individual phases, allows tracking of the available capacity of public facilities and utilities during each phase of construction, and with the extension of the vested rights associated with the project, provides certainty to the developer in the subsequent development approval process. 2. The deadlines in this Title shall be consulted to establish the baseline vesting period. The City is not required to extend these vesting periods. If the City decides to do so in a Subdivision Improvement Agreement, it must be in exchange for the property owner's provision of corresponding benefits to the City in the form of, for example, contributions to public facilities and amenities over and above what would normally be required. In any event, the City shall not allow vesting to extend beyond the twenty (20) year period established in Subsection D above. 3. A Subdivision Improvement Agreement for a phased development shall include (in addition to the requirements for a complete application in Subsection F above, all of the following: a. identification of the phasing schedule, b. identification of the number of phases and lots included in each phase; C. identification of the approximate dates for construction of public streets, public utilities and other improvements in each phase; d. identification of the approximate dates for commencement of development of each lot, lot sales and building occupancy; e. identification of the benefits that the property owner will provide to the City in exchange for permission to phase the development according to the proposed schedule; f. establishment of the deadline for the property owner to submit development applications; g. a description of the manner in which each phase is designed such that all site requirements are satisfied independently of phases yet to be given final approval and constructed; 38 23 February Interim Code h. a description of the manner in which the property owner will ensure that adequate public facilities are available when the impact of development occurs. The property owner shall acknowledge in the Subdivision Improvement Agreement that if the demand for public facilities or services needed to accommodate a subsequent development phase increases following the issuance of a development permit for a prior phase in the approval process, or if public facilities or services included in a concurrency or SEPA determination are not constructed as scheduled in the City's capital facilities plan, final development approval may have to be delayed for future phases pending the achievement of the adopted levels of service. J. Processing Procedures. 1. Consolidation. Whenever possible, the Subdivision Improvement Agreement shall be consolidated for processing with an underlying project permit application or other application for approval. If consolidated, the property owner must agree to waive the deadline for a final decision on the underlying project permit application, as well as the prohibition on no more than one open record hearing and one closed record hearing on the underlying project permit application in RCW 36.70B.080 and .060(3). 2. Public Hearing. While the Director or the Hearing Examiner may provide a recommendation on a Subdivision Improvement Agreement (even if the Director or Hearing Examiner makes the final decision on the underlying project permit application), the City Council shall make the final decision whether to approve the Agreement by ordinance or resolution after a public hearing. Modifications to the Agreement shall be in writing, signed by the duly authorized representatives of the parties, be consistent with this Title and follow the same procedures set forth in this Title. 3. Appeal. A Subdivision Improvement Agreement associated with an underlying project permit application may be appealed in the same manner and within the same deadline as the underlying project permit application. 26.25.060 Temporary Improvements. The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond, or Subdivision Improvement Agreement with a cash escrow or cash set aside in an amount established by the City Engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained and timely removed. 26.25.070 Cost of Improvements. All required Public Facilities or other improvements shall be constructed by the applicant/property owner, at its expense, without reimbursement by the City, unless otherwise specified in the project permit approval or Subdivision Improvement Agreement with the City. To the extent allowed by law, the City may form or cause to be formed a local improvement district or 39 23 February Interim Code latecomers' agreement for the construction and financing of the required Public Facilities, excluding on -site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow or cash set aside) to construct the Public Facilities until complete or the City is satisfied that a subsequent guarantee will cover performance. 26.25.080. Acceptance of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance or resolution of the City Council. The approval of the final plat shall not be deemed to constitute or imply acceptance by the City of any street, easement or park shown on the plat. 26.25.090 Inspection and Acceptance of Improvements. A. General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the City Engineer finds that one or more of the required Public Facilities or other improvements have not been constructed in accordance with the City's approval of the plans and specifications or the applicable standards and/or approval, the subdivider/property owner shall be responsible for any corrections and completion of the improvements. B. Release of Security. The City will not accept dedication of required Public Facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider until the City Engineer has submitted a certificate stating: (1) that all required Public Facilities or other improvements have been satisfactorily completed; and (2) the subdivider's engineer or surveyor has certified to the City Engineer, through the submission of a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials and other information required by the City's public works standards, that the layout of the line and grade of all transportation facilities, Public Facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan. C. City's Acceptance. Upon the recommendation for approval of the City Engineer, the City Council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose. D. Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required Public Facilities until the dedication of same is formally accepted by the City. Following the acceptance of the Public Facilities, the subdivider 40 23 February Interim Code shall provide a Warranty Bond or other security to the City as required by Section 26.25.040(D). E. Issuance of Building Permits and Certificates of Occupancy. When a bond and/or other security with a Subdivision Improvement Agreement have been accepted by the City for the construction of Public Facilities or other improvements in a short plat, final plat or final binding site plan, the City shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the City. The City Engineer may authorize the issuance of up to fifty (50) percent of the building permits for the lots in the subdivision if: (a) the applicant is not in default of the Subdivision Improvement Agreement; and (b) the applicant has constructed and the City has inspected/accepted the Public Facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. Chapter 26.30 FINAL PLATS AND FINAL BINDING SITE PLANS 26.30.010 Purpose. 26.30.020 Administration. 26.30.030 Procedure. 26.30.040 Requirements for a Complete Application. 26.30.050 Prescribed Forms. 26.30.060 Review and Approval Process. 26.30.070 Time Limitation for Final Decision. 26.30.080 Effect of Approval. 26.30.010 Purpose. The purpose of the provisions in this chapter is to regulate the process for final plat and final binding site plan approval. No building permits for development of a preliminary subdivision or preliminary binding site plan may be applied for until final plat or final binding site plan approval has been granted, unless the subdivider/property owner has posted a bond or other security with a Subdivision Improvement Agreement, pursuant to chapter 26.25.050 of this Title. 26.30.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The City Council has the authority to approve or deny final plats during a public meeting. The Director has the authority to administratively approve or deny final binding site plan approval without a hearing. 26.30.030 Procedure. The following steps shall be followed in the processing of a final plat application: A. 23.20.040 Determination of Complete Application; 41 23 February Interim Code B. 23.40.020 Determination of Consistency; C. 26.30.060 (C) City Council Public Meeting; D. 23.50.100 Notice of Decision. 26.30.040 Requirements for a Complete Application. A complete final plat or final binding site plan application shall include all of the following: A. The application form provided by the City, which shall include the name, address and telephone number of the subdivider, property owner and the date of submission; B. A final plat map meeting the requirements of preliminary plat approval, chapter 26.20, and chapter 58.17 RCW, in the form required by and including the certifications and dedications described in chapter 26.30.50. Every plat containing a dedication filed for record must be accompanied by a recent title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication; C. A recordable survey and surveyor's signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250. D. If the Public Facilities required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a Subdivision Improvement Agreement, pursuant to Section 26.25.050), the subdivider's engineer shall provide cost information for construction and installation of all Public Facilities, including but not limited to the following: 1. Water mains and appurtenances. Total cost by number of feet and the cost of any other associated improvement by item, including water services; feet; 2. Storm Drains. Total cost by size and number of feet; 3. Sanitary Sewer. Total cost by size and number of feet; 4. Pedestrian/Bike Connections. Total cost by size and number of 5. Landscaping, including street trees, total cost; 6. Other on or off -site improvements as required. E. The application and seven copies of the materials set forth above shall be submitted to the City along with the original signed by the owner and registered land surveyor. 42 23 February Interim Code F. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format; F. The applicable final plat application fee. 26.30.050 Prescribed Form. The final plat, short plat or final binding site plan shall be submitted to the City in the form and manner prescribed in this Section. A. Form. 1. The short plat, final plat or final binding site plan, containing all of the information specified in this chapter, shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar film or better. The applicant shall also submit an electronic copy to the City of the approved final plat. All documents, maps, survey calculations and notes shall contain the name of the subdivision, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s); and 2. The plat or final binding site plan map shall be 18 inches by 24 inches 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. B. Specific Requirements. The short plat, final plat or final binding site plan shall clearly show the following information: 1. The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision; 2. The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds and easements adjacent to the subdivision, including municipal boundaries, township lines and section lines; 3. The lengths and bearings of all straight lines, curve radii, curve delta, arcs and semitangents (where appropriate) of all curves; 4. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone; provisions; 5. All easements and associated restrictions and maintenance 6. Building setbacks; 43 23 February Interim Code 7. Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined; 8. The area of all lots and tracts expressed in square feet; 9. Suitable primary control points, approved by the City Engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred; 10. The location of all permanent monuments; 11. The names of all subdivisions immediately adjacent thereto; 12. The date, north arrow, scale, datum plane, and date of survey; 13. The boundary of the tract with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state; 14. A vicinity sketch map of approximately 800 feet to the inch; 15. Street names; and 16. The stamp and signature of a surveyor licensed in the State of Washington. C. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth. D. The scale of the short plat, final plat or final binding site plan will be 100 feet to the inch, or as approved by the director. E. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity. F. Document forms. All short plats, final plats, replats or final binding site plan shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision or binding site plan and easements, dedications, acknowledgements, and other statements, shall appear substantially in the form as follows: Easements (sample utility easement): 44 23 February Interim Code 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 donor or donees, grantee or grantees, for his, her or their use for the purpose intended by the grantors or donors. Know All Men by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. 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 45 23 February Interim Code 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 is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this day of , 201_. City Engineer. 6. City Council Approval. Approved by the City Council of the City of , this day of ATTEST: City Clerk Mayor 7. City Finance Director Approval. I hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. Executed this day of , 201_. Finance Director 46 23 February Interim Code 8. 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 , 201_ County Treasurer 9. County Auditor. Filed at the request of , this day of , 201_, and recorded in Volume of Plats, page(s) , Records of County, Washington. County Auditor 26.30.060 Review and Approval Process. A. Staff Review. Once the final plat or final binding site plan application has been received and determined complete, the staff will determine whether all of the Public Facilities required by the preliminary plat or preliminary binding site plan approval have been constructed. Such Public Facilities shall be completed to the satisfaction of the City Engineer. In addition, the applicant shall submit an irrevocable offer to dedicate the improvements to the City, free and clear of all liens and encumbrances on the dedicated property and Public Facilities. No final plat or final binding site plan shall be approved unless all of the Public Facilities required by preliminary plat or preliminary binding site plan approval have been constructed, or the applicant has provided the City with a bond or a Subdivision Improvement Agreement with the necessary security to guarantee completion of such improvements. B. Staff Recommendation. The City Engineer shall forward the final plat application to the City Council (or recommend approval of the final binding site plan to the Director) if: 1. The application is complete; and 2. The Public Facilities or other improvements are constructed in a satisfactory manner and approved by the City Engineer, or, in the alternative, a bond or 47 23 February Interim Code security with a Subdivision Improvement Agreement has been provided pursuant to chapter 14.05. C. Action. 1. Final plat. After receipt of the recommendation of the staff on the final plat, the City Council shall consider the final plat application at a public meeting. When the Council finds that the subdivision proposed for final plat approval conforms to all terms of preliminary plat approval and that said subdivision meets the requirements of this Title 26, chapter 58.17 RCW other applicable City codes, state laws, and any local ordinances adopted under chapter 58.17 RCW which were in effect at the time of preliminary plat approval, the Council shall authorize the Mayor to suitably inscribe and execute the City's approval on the face of the plat. 2. Final Binding Site Plan. After receipt of the recommendation of the staff on the final binding site plan, the Director shall consider the final binding site plan application and determine whether: (a) it meets all of the terms of preliminary binding site plan approval; and (b) all of the applicable requirements of this Title 26, other City codes, state law and any local ordinances adopted under chapter 58.17 RCW which were in effect at the time of preliminary binding site plan approval. If the application satisfies all of the criteria in this subsection, the Director shall suitably inscribe and execute the City's approval on the face of the binding site plan. D. The subdivider shall furnish the City with one permanent reproducible copy, mylar or better quality, of the final plat, including all recording data and covenants. Paper and electronic copies shall be supplied to the City within five days of the Council's approval. The City shall file the original approved final plat with the County auditor within thirty (30) working days after approval by the City Council at the subdivider's cost. One paper copy shall be filed with the County Auditor. 26.30.070 Time Limitation for Final Decision. The final decision to approve or deny a final plat shall be made by the Council within thirty (30) days after the final plat application was determined complete. The Director's final decision to approve or deny a final binding site plan shall be made within thirty (30) days after the final binding site plan application was determined complete. 26.30.080 Effect of Approval. A. Any lots in a final plat or filed for record shall be a valid land use, notwithstanding any change in zoning laws for a period of ten (10) years from the date of filing if the final plat is within City limits, not subject to the requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007. B. Except as provided by (A) of this Section, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven (7) years from the date of filing if the date of filing is on or before December 31, 48 23 February Interim Code 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. C. Except as provided by (D) of this section, a subdivisions shall be governed by the terms of approval of the final plat and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven (7) years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five (5) years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. D. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of ten (10) years after final plat approval if the final plat, not subject to requirements adopted under chapter 90.58 RCW, and the date of final plat approval is on or before December 31, 2007, unless the City Council body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Chapter 26.35 Vacation and Alteration Of Final Plats and Final Binding Site Plans. Sections: 26.35.010 Purpose. 26.35.020 Administration. 26.35.030 Procedure. 26.35.040 Requirements for a Complete Application. 26.35.050 Criteria for Approval. 26.35.060 Time Limitation for Final Decision. 26.35.070 Recording. 26.35.010 Purpose. The purpose of this chapter is to regulate and allow vacation or alteration of approved final plats and approved final binding site plans. It does not allow modification or revision of preliminary plats or preliminary binding site plans. The procedure for vacation of plats does not apply to the vacation or alteration of any plat of state -granted tide or shore lands. When the vacation application is specifically for a city street, the procedures for street vacations in RCW 35.79 RCW shall be utilized for the street vacation. When the application is for the vacation of the plat or binding site plan together with the roads/streets, the procedure for vacation in this chapter shall be used, but vacations of streets subject to RCW 35.79.035 may not be made under this procedure. 49 23 February Interim Code 26.35.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The authority to approve, approve with conditions or deny proposed plat and binding site plan vacations or alterations is granted to the Hearing Examiner after a public hearing. 26.35.030 Procedure. The following steps shall be followed in the processing of vacation or alteration applications. A. 23.20.040 Determination of Complete Application; B 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA; D. 23.40.020 Determination of Consistency; E. 23.30.050 Notice of Public Hearing (see also, additional public hearing notice below); F. 23.50.020 (C) G. 23.50 H. 23.50.100 I. 23.50.110 Preparation of Staff Report; Public Hearing; Notice of Decision; and Administrative Appeal Additional Notice of Public Hearing. In addition to the notice provided above, the City shall provide notice of an application for vacation or alteration to all owners of property within the subdivision (excluding the owners of property submitting the application), and as provided for in RCW 58.17.080 and 58.17.090. The notice shall establish the date of the public hearing. 26.35.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete application: A. Vacation Application: Date, name, address and telephone number of the applicant and/or property owner; 2. The reason(s) for the proposed vacation; 3. Signatures of all parties having an ownership interest in the subdivision or that portion of the subdivision proposed to be vacated; 4. If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the subdivision or portion thereof; 5. Acknowledgement that if any street is included in the application for a vacation, that the applicant shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted; 50 23 February Interim Code 6. A copy of the approved plat or binding site plan sought to be vacated, together with all plat or binding site plan amendments recorded since the date of the original approval; 7. A recent title report for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application; and 8. If the vacation is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the partial vacation will not violate the terms of subdivision or binding site plan approval or this Chapter. 9. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format. 10. An application fee. B. Alteration Application. 1. Date, name, address and telephone number of the applicant and/or property owner; 2. The reason(s) for the proposed alteration; 3. Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be altered; 4. If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision or binding site plan, and the application for the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or binding site plan; 5. A copy of the proposed plat sought to be altered, together with all plat amendments recorded; and 6. A recent title report for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application. 7. If the alteration is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the alteration will not violate the terms of subdivision or binding site plan approval or this Chapter 8. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format. 9. An application fee. 26.35.050 Criteria for Approval. A. Vacation Criteria. 1. Vacation. The plat or binding site plan vacation may be approved, approved with conditions or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation. If any portion of the land contained in the subdivision or binding site plan was dedicated 51 23 February Interim Code to the public for public use and benefit, such land, if not already deeded to the City, shall be deeded to the City as a condition of approval, unless the City decision -maker shall make findings that the public use would not be served in retaining title to those lands. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat, binding site plan or other document creating the dedicated easement provides or an alternative method or methods to extinguish or alter the easement. 2. Street Vacation. When the vacation application is specifically for vacation of a City street, the City's street vacation procedures (and/or the procedures in chapter 35.79 RCW) shall be utilized. When the procedure is for the vacation of a plat or binding site plan together with the streets, the vacation procedure in this chapter shall be used, but vacation of streets may not be made that are prohibited under RCW 35.79.035 or the City's street vacation ordinance. 3. Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated with contained wholly within the subdivision or binding site plan and is part of the boundary of the subdivision or binding site plan, title to the vacated road or street shall vest with the owner(s) of property contained within the vacated subdivision or binding site plan. B. Alteration Criteria. The alteration may be approved, approved with conditions or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the alteration. If any land within the alteration area is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. 26.35.060 Time Limitation for Final Decision. A vacation or alteration application shall be approved, approved with conditions or denied within one hundred -twenty (120) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. 26.35.070 Recording. After approval of the alteration or vacation, the City shall order the applicant to produce a revised drawing of the approved alteration or vacation of the short plat, final plat or binding site plan. The Council shall authorize the Mayor to sign the approved short plat or final plat, and then the City shall file it with the County auditor at the applicant's cost, to become the lawful plat of the property (or to vacate the previously approved plat). The Director shall sign the approved binding site plan and arrange for filing with the county auditor at the applicant's cost. 52 23 February Interim Code Chapter 26.40 PRELIMINARY BINDING SITE PLANS 26.40.010 Purpose and Applicability. 26.40.020 Administration. 26.40.030 Procedure for Preliminary Binding Site Plan. 26.40.040 Requirements for a Complete Application. 26.40.050 Review of Binding Site Plan Application. 26.40.060 Criteria for Approval. 26.40.070 Dedications. 26.40.080 Time Limitation for Final Decision. 26.40.090 Effect of Preliminary Binding Site Plan Approval; Expiration. 26.40.100 Deadline for Submission of Final Binding Site Plan Approval. 26.40.110 Revisions to an Approved Preliminary Binding Site Plan. 26.40.120 Procedure for Final Binding Site Plan. 26.40.010 Purpose and Applicability. The purpose of this chapter is to establish the binding site plan procedure, as an alternative to the procedures for subdivision of land, for the following limited circumstances only: A. To divide land for sale or lease of commercially or industrially zoned property; B. To divide land for lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land; and C. To divide land into lots or tracts if a portion or all of the land will be subject to the procedures for condominiums in chapters 64.32 (the Horizontal Property Regimes Act (Condominiums) or 64.34 (the Condominium Act) RCW. 26.40.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve, approve with conditions, or deny proposed preliminary and final binding site plans without a hearing in accordance with this chapter. 26.40.030 Procedure for Preliminary Binding Site Plan. The following steps shall be followed in the processing of preliminary binding site plan applications. A. 23.20.040 Determination of Complete Application; B 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA; D. 23.40.020 Determination of Consistency; E. 23.50.020 (E) Notice of Decision by Director; and F. 23.50.110 Administrative Appeal. 53 23 February Interim Code 26.40.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete preliminary binding site plan application: A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. The proposed name of the proposed binding site plan, which shall not be the same as the name of any other development in the City; 2. Name, address and telephone number of the applicant and of the owner(s) of the property included in the application; 3. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant; 4. Legal description of the property subject to the binding site plan, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the application, together with the numbers to be assigned to each block and lot; 5. A recent title report confirming that the title of the lands as described and shown in the application are in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the binding site plan, including a statement that the binding site plan has been made with free consent and in accordance with the desires of the owner(s). If the binding site plan includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the binding site plan and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands divided; B. One original eighteen inch by twenty-four inch drawing or larger, and six (6) copies, containing the following information: The location and size of all proposed lots, tracts and buildings; 2. Proposed and existing structures, including elevations and floor plans as known (plans which show building envelopes rather than footprints must include post -construction treatment of unoccupied areas of the building envelopes); 3. All proposed or existing uses, 54 23 February Interim Code 4. The location of proposed or existing open space, including any required landscaped areas; 5. The location and identification of critical areas; 6. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles; 7. The number and location of proposed or existing parking spaces on and off the site; 8. A drainage plan which will accommodate the maximum proposed square footage of impervious surface, including the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the City's storm water drainage design standards; 9. The location and size of utility trunk lines serving the site; 10. The location and size of water bodies and drainage features, both natural and manmade; 11. A grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to two -foot contours, unless smaller contour intervals are otherwise required by the City code, 12. A layout of sewers and the proposed water distribution system; 13. Proposed easements and access; 14. Proposed signage; 15. Depictions of easements, deed restrictions and other encumbrances referenced in Subsections E and H of this Section; 16. Three (3) sets of mailing labels containing the name and mailing address for all owners of property within 300 feet of the property on which the preliminary binding site plan is proposed. C. A completed SEPA Environmental Checklist; D. A downstream drainage analysis or any other requirement specified in the City's surface water design manual, site development regulations or surface water policy ordinance; E. All covenants, easements, maintenance agreements or other documents regarding mutual use of common open space, parking and access; 55 23 February Interim Code F. Sanitary sewer availability certificate from the public sanitary sewer service provider if other than the City, for an area not served by or intended to be served by the City; G. Water availability certificate from the water purveyor providing service to the property if other than the City for an area not served by or intended to be served by the City; H. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site; A phasing plan and time schedule, if the site is intended to be developed in phases, The payment of all applicable fees as prescribed in the City's fee schedule; K. A topography map, labeled "Topography Map"; and L. Draft covenants, conditions and restrictions labeled "CC&R's" or any other restrictions or easements that may apply. M. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format. 26.40.050 Review of Preliminary Binding Site Plan Application. A. Once the preliminary binding site plan application has been determined complete, the Director shall transmit for review and comment a copy of the site plans, together with copies of any document the Director determines are appropriate, to the following: 1. The Public Works Director, who shall review the elements of the application relating to traffic, utilities, storm drainage, streets, alleys, public ways, sidewalks, water, sanitary sewer, drainage, and determine whether it satisfies the requirements of Section 26.40.060; 2. The South Kitsap Fire District, who shall review the elements of the application relating to conformance to the Fire Code and emergency access; 3. Any other City officer, department, utility provider, school district, as the Director deems appropriate; 4. If the proposed preliminary binding site plan is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the 56 23 February Interim Code application, including a legal description of the binding site plan and a location map, to the State Department of Transportation; and 5. If the proposed preliminary binding site plan is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the State Department of Ecology. B. In addition to the transmittal of copies of the application materials to the officers, departments and agencies identified in Subsection A above, the Director shall also specify the deadline for submission of any comments or determinations of said officers, departments and agencies as to the conformance of the application with the criteria for approval in Section 26.40.060. 26.40.060 Criteria for Approval. A. The applicant for a preliminary binding site plan must demonstrate that the application complies with all of the following: All applicable statutory provisions, including but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan's capital facilities, water, sewer and transportation elements. 4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available Public Facilities to support and service the area of the proposed preliminary binding site plan. The applicant shall, at the request of the City, submit sufficient information and data on the proposed preliminary binding site plan to demonstrate the expected impact upon and use of Public Facilities by the possible uses and users of the proposed preliminary binding site plan. Public Facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sewerage and water service, school bus routes, police protection, and firefighting water flow and fire apparatus access. 5. Water and Sewer. All habitable buildings and buildable lots in the preliminary binding site plan shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, the local 57 23 February Interim Code health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Drainage Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the binding site plan. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary binding site plan. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary binding site plan to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements. B. A proposed preliminary binding site plan application shall not be approved unless the City makes written findings and conclusions that: All of the requirements in Section 26.40.060(A) are satisfied; 2. The collective lots in the property included in the preliminary binding site plan will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking; 3. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation; 4. The public use and interest will be served by the approval of the binding site plan; 5. The binding site plan shall include the following statement: All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed 58 23 February Interim Code upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons or entities now or hereafter having any interest in the land described herein. 6. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified and enforced by the covenants, easements or other similar mechanisms; 7. The applicant agrees to install and dedicate all Public Facilities prior to the City's approval of the final binding site plan, unless the applicant has executed a Subdivision Improvement Agreement and has provided the necessary security for the Agreement. 26.40.070 Time limitation for Final Decision. A preliminary binding site plan application shall be approved, approved with conditions or denied within one -hundred twenty (120) days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; PROVIDED that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty (120) day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 26.40.080 Effect of Preliminary Binding Site Plan Approval; Expiration. A. Approval of the preliminary binding site plan by the City shall constitute direction to the applicant to develop construction plans and specifications for the required Public Facilities, in strict conformance with the approved preliminary binding site plan, the street and utility standards adopted by the City and any special conditions imposed on the approval. B. Permission shall not be granted for installation of required Public Facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to Section 26.25.020. 26.40.090 Deadline for Submission of Final Binding Site Plan Application. A final binding site plan application meeting all of the requirements of the preliminary binding site plan approval and this Title shall be submitted to the City within five (5) years of the date of preliminary binding site plan approval. The City shall follow the procedure set forth in Chapter 26.30 for approval of a Final Binding Site Plan Application. 26.40.100 Revisions to an Approved Binding Site Plan. An application for a revision to an approved preliminary binding site plan may be submitted before a final 59 23 February Interim Code binding site plan application is submitted, as follows: A. Minor Revisions to an Approved Preliminary Binding Site Plan. The Director is authorized to make the determination on a minor revision to an approved binding site plan without a public hearing. 1. Defined. Minor revisions to an approved preliminary binding site plan are those which do not change: (a) the binding site plan boundaries; (b) the conditions of preliminary binding site plan approval; (c) road alignments or connections and/or do not increase the number of lots by more than five percent or five (5) lots, whichever is less. 2. Application. A complete application for a preliminary binding site plan revision shall consist of the following: a. application form and filing fee; b. site plan showing the proposed modification, using the same plan format as in the original approval; C. explanation in narrative form of the requested modification; and d. Electronic version of all submittal documents on optical disc, flash drive or downloadable from ftp site, in either Adobe PDF or Microsoft Word format. 3. Processing. The following steps shall be followed in the processing of an application for a minor revision a. 23.20.040 Determination of Complete Application; b. 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA (unless exempt under WAC 197-11-800); and d. 23.40.020 Determination of Consistency; e. 23.50.100 Notice of Decision; and d. 23.50.110 Administrative Appeal 4. Criteria for approval. The applicant shall demonstrate that the application satisfies all of the following criteria: a. The proposed revision meets the criteria in Section 26.40.050(A); b. The revision will not be inconsistent with, or cause the binding site plan to be inconsistent with the findings, conclusions or decision made by the City in its approval of the preliminary binding site plan; and C. Approval of the revision will not affect the ability of the collective lots in the property included in the preliminary binding site plan to function as 60 23 February Interim Code one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. 5. Time Limitation for Final Decision. The minor preliminary binding site plan revision application shall be approved, approved with conditions or denied by the Director within one hundred twenty days (120) after a complete application is submitted, unless the applicant consents to an extension in writing of such time period, PROVIDED, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 6. Deadline for Submission of Final Binding Site Plan Not Extended. Approval of a minor preliminary binding site plan revision shall not extend the deadline set forth in Section 26.40.090 for submission of a final binding site plan application to the City. B. Major preliminary binding site plan revisions. 1. Defined. A major preliminary binding site plan revision is any application for a revision of a preliminary binding site plan that does not meet the definition of a minor preliminary binding site plan revision. 2. Application. An application for a major preliminary binding site plan revision shall include all of the elements of a complete preliminary binding site plan application. 3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary binding site plan revision shall be the same as those for a preliminary binding site plan application. 4. Deadline for Submission of Final Binding Site Plan Not Extended. Unless the decision -maker on a major preliminary binding site plan revision finds that the approved revision is in the public interest, the deadline for submission of the final binding site plan application in Section 26.40.090 shall not be extended. 61 23 February Interim Code 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 February 23, 2016. ORDINANCE NO.007-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING; ESTABLISHING UPDATED INTERIM REGULATIONS ON SUBDIVISIONS; REPEALING ORDINANCE NO. 015-15; REPEALING CHAPTER 16.72 OF THE PORT ORCHARD MUNICIPAL CODE; ESTABLISHING A NEW TITLE 26 OF THE PORT ORCHARD MUNICIPAL CODE; ESTABLISHING A WORK PLAN; ESTABLISHING THE DATE OF A PUBLIC HEARING; SETTING TWELVE MONTHS AS THE EFFECTIVE PERIOD; DECLARING AN EMERGENCY FOR IMMEDIATE EFFECT; AND PROVIDING FOR SEVERABILITY AND CORRECTIONS. Copies of Ordinance No. 007-16 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. 007-16 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, March 4, 2016