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015-15 - Ordinance - Related to Land Use and ZoningIntroduced by: Development Director Drafted by: Development Director Reviewed by: City Attorney Introduced: September 8, 2015 Adopted: September 8, 2015 ORDINANCE NO. 015-15 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN INTERIM ZONING ORDINANCE ON SUBDIVISIONS, ADDING DEFINITIONS, INCLUDING PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS, SHORT PLATS, PRELIMINARY PLATS, FINAL PLATS AND BINDING SITE PLANS, DESCRIBING THE ELEMENTS OF A COMPLETE APPLICATION, THE CRITERIA FOR APPROVAL, PROCEDURES FOR AMENDMENTS OF PRELIMINARY PLATS AND AMENDMENTS/VACATION OF FINAL PLATS, DESCRIBING THE PROCEDURES FOR ENGINEERING REVIEW OF CONSTRUCTION PLANS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, SECURITY FOR PUBLIC IMPROVEMENTS, RECORDING OF FINAL PLATS, AND ENFORCEMENT, REPEALING EXISTING CHAPTER 16.72 OF THE PORT ORCHARD MUNICIPAL CODE, ADOPTING A NEW CHAPTER 26.05 OF THE PORT ORCHARD MUNICIPAL CODE, DECLARING THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT, THIS INTERIM ORDINANCE TO BE EFFECTIVE IMMEDIATELY, DECLARING AN EMERGENCY, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING ORDINANCE, AND ESTABLISHING THE DATE OF A PUBLIC HEARING ON THE INTERIM ZONING ORDINANCE. WHEREAS, the City's Subdivision Code (chapter 16.72 of the Port Orchard Municipal Code) requires updating; and WHEREAS, the City staff has been working on a new draft of a Subdivision Code that will be numbered under Title 26 POMC to replace chapter 16.72 POMC; and WHEREAS, Section 36.7oA.390 of the Revised Code of Washington authorizes the City Council to adopt an interim zoning ordinance for a period of up to six months provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council desires to adopt the new Subdivision Code as an interim zoning ordinance to be in effect while the public process is followed for the adoption of the Subdivision Code update; NOW, THEREFORE, Ordinance No.015-15 Page 2 of 64 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: Section 1. Chapter 16.72 of the Port Orchard Municipal Code is hereby repealed. Section 2. A new Title 26 of the Port Orchard Municipal Code is hereby adopted, which shall read as follows: TITLE 26 SUBDIVISIONS Chapter 26.05 — General Provisions 26.05.010 Purpose. 26.05.020 Definitions. 26.05.030 Applicability. 26.05.040 Administration. 26.05.050 City Standards. 26.05.060 Consent to Access. 26.05.070 Effect of Filing a Complete Application. 26.05.080 Transfer and Development of Lots Not Divided According to this Chapter. 26.05.090 Monuments. 26.05.010 Purpose. This Title 26 shall be known as the Subdivision Code, and shall supplement and implement chapter 58.17 RCW. The purpose of this Title is as follows: A. To regulate the subdivision of land; B. To promote the public health, safety and general welfare in accordance with standards established by the state; C. To prevent the overcrowding of land; D. To lessen congestion in the streets and highways; E. To promote effective use of land; F. To promote safe and convenient travel by the public on streets and highways; G. To provide for adequate light and air; H. To facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; I. To provide for proper ingress and egress; J. To provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local comprehensive plans and comprehensive plan policies; K. To adequately provide for the housing and commercial needs of the citizens of the state; and Ordinance No.015-15 Page 3 of 64 J. To require uniform monumenting of land subdivisions and conveyancing by accurate legal description; L. To further the comprehensive plan policies addressing subdivisions and sustainability; M. To promote the preservation of critical areas and encourage low impact development; N. To serve to maintain the current character of the City; O. To encourage efficient and cost-effective provisions for installing infrastructure, limit the development impact area and minimize impervious surfaces; P. To encourage sustainable site design which will protect critical areas and the larger environment, including the preservation of natural site amenities such as watercourses, wetlands, and topographic and geologic features; Q. To encourage low impact development (LID) practices when for providing sewer and water, utilities, stormwater management, streets and sidewalks; R. To protect and preserve trees and the urban forest for its environmental and economic benefits; S. To encourage site design that can make the best use of renewable energy resources including solar and geothermal; and T. To provide adequate siting for park and recreation areas, sites for schools and playgrounds and other public requirements. 26.05.020 Definitions. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. "Adequate public facilities" means facilities which have the capacity to serve development without decreasing levels of service below minimums established by the City in the Comprehensive Plana "Applicant" means the owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Written consent shall be required from the legal owner of the premises. "Available public facilities" means that facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development.2 "Binding site plan" is a drawing to scale which (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other WAC 365-195-210. 2 RCW 36.70A.070 (6) (b). This language was amended in ESB 5923 (ch. 243, laws of 2015) to add: "If the collection of impact fees is delayed under RCW 82.02.050(3), the six -year period required by this [RCW 36.70A.070(6)(b)] must begin after full payment of all impact fees is due to the county or city." Ordinance No.015-15 Page 4 of 64 matters identified in chapter 26.40 herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the decision -maker with authority to approve the site plan; and (c� contains provisions making any development be in conformity with the site plan. "Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.4 "Building site" means the physical portion of the real property upon which the structures in a binding site plan are situated within one lot, and which portion of the lot satisfies, or at one time satisfied, the applicable zoning code standards for physical placement, lot coverage, construction of structures and all other location and dimensional requirements for the dwelling unit. "Building setback line" means a line parallel to the front property line in front of which no structure shall be erected. The location of such line shall be a determined from the regulations of the zoning ordinance of the city. "Bond" means any form of surety bond in an amount and form satisfactory to the City Public Works Director/City Engineer or City Council. "City" means the City of Port Orchard. "Common ownership" means ownership by the same person, corporation, firm, entity, partnership or unincorporated association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockbroker, partner or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association. . "Concurrency" means that adequate public facilities are available when the impacts of development occur. This definition includes the two concepts of "adequate public facilities" and of "available public facilities" as defined above.5 "Condominium," pursuant to RCW 64.34.020(9), means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded against the property, pursuant to this Title and other applicable law. RCW 58.17.020(7). 4 RCW 58.17.020(10). 5 WAC 365-195-210. Ordinance No.015-15 Page 5 of 64 "Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a systems "Dedication" is the deliberate appropriation of land or rights in land by its owner for any general and public use, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.' "Domestic water system" means any system providing a supply of potable water which is deemed adequate pursuant to RCW 19.27.097 for the intended use of the development.$ "Easement" means an authorization by a property owner for another to use the owner's property for a specified purpose. "Escrow" means a deposit of cash with the City or escrow agent, pursuant to a written agreement, in order to secure the promise to perform some act. "External buffer" means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses. "Financial commitment" means that sources of public or private funds or combinations thereof has been identified which will be sufficient to finance public facilities necessary to support development and that there is a reasonable assurance that such funds will be timely put to that end.9 "Final plat" is the final drawing of the subdivision and dedication prepared for filing of record with the County auditor, and containing all elements and requirements set forth in chapter 58.17 RCW and this Title.10 "Landscaping" means acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees. "Level of service" means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need." 6 WAC 365-195-210. 7 RCW 58.17.020(3). a WAC 365-195-210. 9 WAC 365-195-210. 10 RCW 58.17.020(5). WAC 365-195-210. Ordinance No.015-15 Page 6 of 64 "Lot" is a fractional part of legally divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.12 "Corner lot" means a lot which abuts on two or more intersecting streets. "Flag lot" means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway. "Interior lot" means a lot which has frontage on one street only. "Irregular lot" means one which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line, or a flag lot. "Legal lot or lot of record" means a parcel of land satisfying the requirements of section 26.05.080 herein. "Nonconforming lot" means one which met applicable dimensional requirements of the zoning ordinance at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the City, no longer conforms to the current provisions of the zoning ordinance. "Through lot" means a lot fronting on two streets that is not a corner lot. "Low -impact development" means a stormwater management and site design strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns. The goal is to manage stormwater where it falls by reducing effective impervious surfaces and maintaining and/or re-establishing native vegetation. "Metes and bounds" means a description of real property which starts at a known point of beginning and describes the bearings and distances of the lines forming the boundaries of the property, and is completed when the description returns to the point of beginning. "Mid -block connection" means a thoroughfare connecting two sides of a residential block, usually located near the middle of said block and intended for pedestrian and bicycle use. 12 RCW 58.17.020(10). Ordinance No.o15-15 Page 7 of 64 "Model home" means a dwelling unit used initially for display purposes which typifies the type of units that will constructed in the subdivision and which will not be permanently occupied. during its use as a model. "Monument" means an object used to permanently mark a surveyed location. "Off -site" means any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval. "Open space" means a portion of land excluding building sites and parking areas which is designated and maintained as an area for leisure, recreation and other activities normally carried on outdoors. Open space may include greenbelt and recreational areas. "Pavement width" means the actual paved surface measured from edge to edge of streets or alley road surface. "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.13 "Plat certificate" means a title report by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided. "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision of five or more lots.14 "Private Street" means a privately owned right-of-way which provides access for up to 10 residential units and meets the requirements of the Public Works Standards. "Public Facilities" means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities and schools.15 "Right-of-way" or "RMP' means a strip of land deeded or dedicated to the City for street, utility and/or drainage purposes. 13 RCW 58.17.020(2). 14 RCW 58.17.020(4). 15 RCW 36.70A.030(13). Ordinance No.015-15 Page 8 of 64 "Sale or lease" means any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description. "Sanitary sewer systems" means all facilities, including approved on -site disposal facilities, used in the collection, transmission, storage, treatment, or discharge of any water borne waste, whether domestic in origin or a combination of domestic, commercial or industrial waste. "Setback" means the minimum distance that buildings/structures or uses must be setback from a lot line. "Setback, rear" means the minimum distance required by the Code for a building or structure to be set back from the rear lot line. "Setback, side" means the minimum distance required by this Code for a building or structure to be setback from a side lot line. "Setback, street or front setback" means the minimum distance required by this Code for a building or structure to be setback from the street lot line. "Short plat" is the map or representation of a short subdivision.16 "Short Subdivision" means the division or re -division of land into four or less lots, tracts, parcels or divisions for the purpose of sale or lease.17 "Street" means a dedicated and accepted public right-of-way for vehicular traffic. The word "street" includes the words "road," "drive," "boulevard" or "way." "Street Standards" means the requirements contained in the standard drawings and documents specified by the city engineer as the City's adopted Street Standards. "Subdivider" means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision. "Subdivision" means the division or re -division of land into five (5) or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease, or transfer of ownership, except as provided in Section 26.05.030(D), and includes all re -subdivision of land.18 18 RCW 58.17.020(8). 17 RCW 58.17.020(6). 18 RCW 58.17.020(1). Ordinance No.015-15 Page 9 of 64 "Subdivision Improvement Agreement" means a contract between the City and applicant/developer pursuant to Section 26.25.050, by which the applicant agrees to complete the required public improvements in the subdivision within a specified time period following final subdivision plat approval and posts security to ensure such completion. "Surveyor" means a registered professional land surveyor licensed to practice surveying in the State of Washington. "Tract" is a nonbuildable unit of land created by a subdivision, short subdivision, deed, or other instrument recorded with the appropriate county recorder. Tracts are usually held in common by the owners of an organization, such as a homeowners' association, for common benefit and are not required to meet minimum lot size and dimensional requirements of the applicable zone. "Transportation facilities" includes capital facilities related to air, water or land transportation.19 "Transportation level of service standards" means a measure which describes the operational condition of the travel stream and acceptable adequacy requirements, as identified in the City's comprehensive plan (as required by RCW 36.70A.070(6)(b).20 "Utilities" or "public utilities" means enterprises or facilities serving the public by means of an integrated system of collection, transmission, distribution and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services and water, and for the disposal of sewage.21 26.05.030 Applicability. A. The provisions of this Title shall apply to all divisions of land within the corporate limits of the City of Port Orchard, except as expressly stated in this Title. B. No persons shall sell, lease or transfer the ownership of, or offer for sale, lease or transfer of ownership, any real property that is subject to this Title without full compliance with this Title and the applicable portions of the City of Port Orchard comprehensive plan, and chapter.58.17 RCW. C. Divisions of land into four or less lots shall be in compliance with the regulations and standards governing short subdivisions set out in chapter 26.15, unless the binding site plan procedures of chapter 26.40 are followed. Division of land into five 19 WAC 365-195-210. 21 WAC 365-195-210. 21 WAC 365-295-210. Ordinance No.015-15 Page io of 64 or more lots22 shall comply with regulations and standards pertaining to subdivisions contained herein and must follow the preliminary and final procedures set forth in chapters 26.20 and 26.30 of this Title, or, if applicable, the binding site plan process. D. Sale of land is prohibited unless it is a legally platted parcel of land or lot or is a parcel of land divided under the provisions of this Title, or unless such agreement for sale complies with RCW 58.17.205. E. Exemptions. The provisions of this title shall not apply to the activities described in Subsections 1 through 9 below. Cemeteries and other burial plots while used for that purpose; 2. Divisions of land into lots or tracts each of which is one -one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction or a section of land: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line; 3. Divisions made by testamentary provisions, or the laws of descent; 4. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless service" means any federally license personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters and support structures; and 5. A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or will be used for the purpose of establishing a site for construction and operation of consumer -owned or investor -owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the City. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not 22 See, RCW 58.17.020(7). A municipality has the option to increase the number of lots in a short plat to a maximum of nine. Ordinance No.015-15 Page 11 of 64 already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed.23 6. Right -of -Way Acquisition and Condemnation. (a) A division of land related to the acquisition or exchange of land by public agencies, for public use except human occupancy, included but not limited to subdivisions made for road construction purposes; (b) A division of land for the sole use of the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; and (c) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the County Auditor. 26.05.040 Administration. The Directors of Community Development and Public Works, hereinafter the "Directors," and/or his/her designees, are delegated the responsibilities for administration, coordination and enforcement contained in this Title, pursuant to chapter 58.17 RCW. The City Engineer shall have primary responsibility for compliance with the provisions of chapter 26.25 POMC. 26.05.050 Compliance. In addition to compliance with this Title, all subdivisions, short subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations and vacations shall adhere to all applicable adopted City standards and regulations, including, but not limited to, the comprehensive plan, the Shoreline Master Program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the City's street and utility standards, the City's zoning and building codes, the City's concurrency ordinance, public works & street standards, storm water drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the City Clerk. 26.05.060 Consent to access. All persons applying for approvals under this Title shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action. 26.05.070 Effect of filing a complete application -- vesting. A complete application for a short plat, preliminary plat or binding site plan, shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully 23 RCW 58.17.040. Ordinance No.015-15 Page 12 of 64 completed application for the preliminary plat approval of the subdivision, short plat approval of the short subdivision, or a preliminary binding site plan has been submitted to the Community Development Department. The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21 C RCW (the State Environmental Policy Act).24 26.05.080 Transfer and Development of Lots Not Divided According to this Chapter. No building permit, septic tank permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this Title unless the Director finds that the public interest will not be adversely affected thereby. This prohibition shall not apply to lots of record as described in subsection A below, or to innocent purchasers without actual notice of such violation, as described in subsection B below. A. Legal lot criteria for building or transfer of ownership. A lot is considered a lot of record if it meets any one of the criteria listed below in this subsection A. Lots of. record may be transferred and developed as separate legal lots even though such lots may not have been created according to this chapter. Even though a lot may be deemed legal, development on said lot shall be subject to all applicable sections of the City's Zoning Code. Lots of record include: a) Any lot, the legal description of which has been recorded in a plat or short subdivision filed with the County Auditor after June 1937; b) Any lot created and separately developed before June 9, 1937; c) Any lot, the legal description of which is on file with the County Auditor in an assessor's plat recorded in accordance with RCW Chapter 58.18; d) Lots created by court order for adverse possessions or divorces; e) Lots exempted under Section 26.05.080(A) above and lots transferred to a bona fide innocent purchaser for value in accordance with this Title; and f) Any lot created prior to October 21, 1979, and not otherwise meeting the criteria set forth above, provided that there must be no adjoining lots of record of contiguous boundary in the same ownership to which the substandard lot can be merged in title or with which the lot lines can be adjusted to create lots of record that would comply with this Title. 24 RCW 58.17.033. Ordinance No.o15-15 Page 13 of 64 B. Innocent Purchaser and Public Interest. 1. Innocent purchasers. Where the purchase value of a parcel and subsequent tax assessments are consistent with a buildable lot of record, the Director may determine that an innocent purchaser without actual notice (that the parcel has been divided in violation of this Title) may be developed as lots of record. The Director's decision shall be based on the following criteria: a) Zoning. i. The parcel meets minimum zoning and dimensional requirements, including lot size, dimensions and frontage width, which are currently in effect or which were in effect at the time the parcel was created, or ii. The parcel lacks sufficient area or dimension to meet current zoning requirements but the parcel size is consistent with surrounding lots of record; b) Public health. i. The parcel meets minimum public health dimensional requirements currently in effect or which were in effect at the time the parcel was created; and ii. The Director finds that the parcel does not adversely affect public health or safety or interfere with the implementation of the Comprehensive Plan. c) Status. i. The current property owner purchased the property for value and in good faith, and did not have knowledge of the fact that the property acquired was divided from a larger parcel in violation of the regulations listed under"lots of record" in Section 26.05.080 (A) (1) above. ii. The property owner completes conditions of approval which the Director determines would otherwise be imposed if the parcel had been established through platting under current standards; iii. The Director determines that improvements or conditions of approval, which would have been imposed if the parcel had been established through platting, are already present and completed. 26.06.090 Monuments. Ordinance No.015-15 Page 14 of 64 A. Permanent survey control monuments shall be provided for all land divisions at: 1. All controlling corners on the boundaries of the land division; 2. The intersection of centerline of roads within the land division; and 3. The beginning and ends of curves on centerlines or points of intersections on tangents. B. Permanent survey control monuments shall be set in two-inch pipe, 24 inches long, filled with concrete, or shall be constructed of an approved equivalent. Permanent survey control monuments within a street shall be set after the street is paved. Every lot corner shall be marked by a three -quarter -inch galvanized iron pipe or approved equivalent, driven into the ground. If any land in a land division is contiguous to a meandered body of water, the meander line shall be re-established and shown on the final plat, short plat or other recorded land division instrument. Chapter 26.10 — Boundary Line Adjustments 26.10.010 Purpose and Applicability. 26.10.020 Administration. 26.10.030 Procedure. 26.10.040 Requirements for Complete Application. 26.10.050 Criteria for Approval. 26.10.060 Time Limitation for Final Decision on BLA. 26.10.070 Recording. 26.10.010 Purpose and Applicability. The purpose of this chapter is to regulate boundary line adjustments.25 Boundary line adjustments are allowed in order to rectify defects in legal descriptions, allow the enlargement or merging of lots to improve or qualify as a building. site, to achieve increased setbacks from property lines or sensitive areas, to correct situations where an established use is located across a lot line, or for other, similar purposes. This procedure cannot be used to create a new lot. 26.10.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and shall have the authority to approve or deny proposed boundary line adjustments without a public hearing in accordance with this chapter. 26.10.030 Procedure. The following steps shall be followed in the processing of boundary line adjustments [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: 25 RCW 58.17.040(6). Ordinance No.015-15 Page 15 of 64 A. 23.20.040 Determination of Complete Application; B. 23.40.020 Determination of Consistency; C. 23.50.100 Notice of Decision; and D. 23.50.110 . Administrative Appeal (if any). 26.10.040 Requirements for a complete application. Seven (7) Copies of the following materials shall be submitted to the City in order to constitute a complete application for a boundary line adjustment: A. Name, address and phone number of applicant and property owner; B. A map at a scale of not less than one inch equal to 100 feet which depicts the existing property configuration, including all lot line dimensions and existing documents; C. A separate map which depicts the proposed property configuration, including all lot line dimensions; D. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor; E. A title insurance certificate updated not more than thirty days prior to recording of the Adjustment, which includes all parcels within the Adjustment. F. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and G. Completed application form and the applicable fee. 26.10.050 Criteria for approval. A boundary line adjustment shall be approved if it is determined that: A. No additional lot, tract, parcel or division will be created by the proposed adjustment; B. No lot is created or modified which does not qualify as a building site pursuant to this Title or the Zoning Code or contains insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated; C. No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose; Ordinance No.015-15 Page 16 of 64 D. The overall area in a plat or short plat devoted to platted open space is not reduced; E. Approval does not cause an inconsistency with any restrictions or conditions of approval for any recorded plat or short plat; and F. The total number of lots contained within the external boundaries of the parcel subject to the boundary line adjustment will not exceed the density allowed under the current zoning or fall below minimum density standards applicable to that zone. G. The boundary line adjustment is consistent with the applicable provisions of this Title. 26.10.060 Time Limitation for Final Decision on BLA. A boundary line adjustment application shall be approved, denied or returned to the applicant for modification or correction within thirty (30) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. 26.10.070 Recording. A. The final record of survey document must be prepared by a land surveyor in accordance with chapter 58.09 RCW. The document must include all of the elements set forth in RCW 58.09.040(1) and contain a land surveyor's certificate as set forth in RCW 58.09.080, as well as approval blocks for the Director and County Auditor (Section 26.30.050(F)). B. Prior to final approval, documentation authorizing the transfer of property ownership executed by the owners of the affected property shall be placed on the original boundary line adjustment map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. C. After approval, the applicant shall deposit a recording fee for the boundary line adjustment with the City, and the City shall cause it to be recorded with the County Auditor. Chapter 26.15 — Short Subdivisions 26.15.010 Purpose. 26.15.020 Administration. 26.15.030 Procedure and Additional Notice. 26.15.040 Requirements for a Complete Application. 26.15.050 Criteria for Approval. Ordinance No.015-15 Page 17 of 64 26.15.060 Dedications. 26.15.070 Time Limitation for Final Decision. 26.15.080 Construction of Improvements. 26.15.090 Restriction on Further Division. 26.15.100 Submission of Mylar for Signature. 26.15.110 Building Permits Will Not Issue Until Construction of Improvements. 26.15.010 Purpose. The purpose of the provisions in this chapter is to regulate the subdivision of land into four or less lots for residential, commercial or industrial use. 26.15.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve or disapprove proposed short subdivisions without a hearing in accordance with this chapter. 26.15.030 Procedure and Additional Notice. A. Procedure. The following steps shall be followed in the processing of short plat applications [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: 1. 23.20.040 Determination of Complete Application; 2. 23.30.010 Notice of Application; 3. [Insert SEPA Chapter Number] SEPA (unless exempt under SEPA, WAC 197-11-800(6)); 4. 23.40.020 Determination of Consistency; 5. 23.50.100 Notice of Decision; and 6. 23.50.110 Administrative Appeal (if any). B. Additional Notice. In addition to the notice required in the sections referenced above, the City shall provide the following additional notice as applicable: 1. If the proposed short subdivision is located adjacent to the right-of- way of a state highway, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department. of Transportation; and 2. If the proposed short subdivision is located in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the affected irrigation district. 3. If the proposed short subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology. Ordinance No.o15-15 Page 18 of 64 26.15.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete application for a short subdivision: A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. Date, address and telephone number of the subdivider and owner(s) of the land proposed to be subdivided; 2. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and; 3. Legal description of the property to be subdivided, including legal descriptions of all proposed lots; 4. A statement, under oath, that the tract has not been subdivided within the last five years, except by an approved preliminary plat and final plat; 5. A title report dated by the title company within thirty (30) days of the date the application was submitted to the City, confirming that the title of the lands as. described and shown in the plat is in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the short plat, including a statement that the short subdivision has been made with free consent and in accordance with the desires of the owner(s). If the short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s).26 The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; 7. The owners of adjacent land and the names of any adjacent subdivisions; 8. Identification of the source of water supply for each lot, including water line and fire hydrant locations; 9. Identification of the method of sanitary sewage disposal; 26 RCW 58.08.015; 58.17.165. Ordinance No.015-15 Page 19 of 64 10. Location of all public and/or private utility service lines, including underground telephone or cable service lines; 11. All environmentally sensitive areas and their buffers; 12. SEPA Checklist (if applicable);27 and 13. The City's completed application form and the application fee, as established by the City in a resolution for this purpose. B. A registered land surveyor shall stake the corners of each proposed lot on the ground and prepare survey and map of the property drawn in ink upon one or more sheets of Mylar, which shall also conform to the following requirements: 1. The map shall be to scale not less than 100 feet to the inch, on a sheet size of eighteen inches by twenty-four inches, and north shall be indicated; 2. The boundary lines of the tract to be short platted and the interior lot lines, and relationship to adjacent properties shall be shown (heavy line weight); 3. Length and bearing of the boundary lines and lot lines shall be shown. The map shall be referenced to the state plane coordinate system (medium line weight); 4. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight); 5. The boundary and dimensions of the "original tract," including its bearings and length of all boundary lines, assessor's parcel number, section, township and range, approximate location and widths of existing buildings, structures, utilities, underground storage tanks, dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the short plat, and applicable city or county file numbers shall be shown (fine line weight); 6. A statement on the face of the short plat that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing 27 Under WAC 197-11-800(6), there is an exemption for minor land use decisions, which includes: "(a) Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat or subdivision previously exempted under this section." Ordinance No.015-15 Page 20 of 64 an alteration within the five year period to create up to a total of four lots within the original short plat boundaries;28 7. A certification by the land surveyor stating that all requirements of this title have been complied with; 8. The width and location of access to all short -subdivided lots proposed (medium line weight); 9. The number assigned to each lot (heavy line weight); 10. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision or dedicated to the public (heavy line weight); 11. All of the materials required by this subsection, including the survey, shall be completed and filed with the application for approval of the short subdivision. 26.15.050 Criteria for Approval. A. The applicant for a short subdivision must demonstrate that the application complies with all of the following: All applicable statutory provisions, including, but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; and 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan elements relating to capital facilities, water, sewer and transportation. 4. The applicant shall demonstrate that there are available, adequate Public Facilities to support and service the area of the proposed short subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed short subdivision to demonstrate the expected impact upon and use of Public Facilities by the possible uses and users of the proposed short subdivision. Public Facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sewerage and water service, police protection, and firefighting water flow and fire apparatus access. 28 RCW 58.17.060(1). Ordinance No.015-15 Page 21 of 64 5. Water and Sewer. All habitable buildings and buildable lots in the short subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the short subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, City engineer, the health department or other agency furnishing sewage disposal and supplying water as to the adequacy and availability of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the lots in the short plat and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Drainage Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed short subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the short plat to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements.29 9. Flooding. If the proposed short subdivision is in a flood control zone as defined in chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology. 29 The City would look to RCW 82.02.020 to determine whether the extension is "reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply." In addition, the City would determine whether there was "a 'nexus' and `rough proportionality' between the property that the government demands and the social costs of the applicant's proposal." Koontz v. St. Johns River Water Management Distr., 133 S.Ct. 2586, 2595 (2013). Another quote from the Koontz court: "the government may choose whether and how a permit applicant is required to mitigate the impacts of a proposed development, but it may not leverage its legitimate interest in mitigation to pursue government ends that lack an essential nexus and rough proportionality to those impacts." Also, with regard to the question re: the City's ability to require that the applicant oversize pipes, take a look at Section 26.25.008, which references the City's ability to form a utility local improvement district under chapter 35.43 RCW, latecomer's agreement for water or sewer under chapter 35.91 RCW or an assessment reimbursement district under chapter 35.72 RCW. Ordinance No.015-15 Page 22 of 64 10. Irrigation. If the proposed short subdivision lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, it cannot be approved without compliance with RCW 58.17.310. B. A proposed short subdivision application shall not be approved unless the City makes written findings and conclusions that: All of the requirements in Section 26.15.050(A) are satisfied; 2. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 3. The public use and interest will be served by the platting of the short subdivision and dedication; and 4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120. If the property is in a flood control zone as defined in chapter 86.16 RCW, the short subdivision shall not be approved without the prior written approval of the Washington State Department of Ecology. 26.15.060 Dedications. Dedication of land to any public body, provision of Public Facilities to serve the short subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the short plat according to the requirements of RCW 58.17.165 and Section 26.30.050(F). If the short plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the City must adopt the designated name. 26.15.070 Time limitation for Final Decision. A short subdivision application shall be approved, approved with conditions or denied within thirty (30) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period.30 26.16.080 Construction of Improvements. After approval of a short plat, the subdivider shall have sixty (60) months to construct all required Public Facilities. In lieu of construction within this time period, the subdivider may enter into a Subdivision Improvement Agreement (as allowed by Section 26.25.050), in which the subdivider contracts with the City to construct the required Public Facilities, contingent upon the posting of the necessary security. 30 Question: Should this deadline for a final decision be changed to 120 days, pursuant to RCW 36.70B.080? Or, should it be 30 days, pursuant to RCW 58.17.140? Ordinance No.015-15 Page 23 of 64 26.15.090 Restriction on Further Division. The Mylar submitted to the City as provided in 26.15.100 below shall include a statement on the face of the short plat that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the four year period in order to create up to a total of four lots within the original short plat boundaries. 26.15.100 Submission of Final Short Plat for Signature. Once all Public Facilities required by the short subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the approved short plat to the Director. The mylar and final short plat materials shall include all of the elements described in Section 26.15.040 and Section 26.30.050. Within thirty (30) days of submission of these materials, the Director shall confirm that all improvements are complete, that the conditions have been performed and that the mylar conforms to the requirements of this chapter under the procedure set forth in Section 26.25.060(A). If the Director finds that all such requirements have been satisfied (or that the applicant has posted a bond or provided a Subdivision Improvement Agreement with other security), the Director shall follow the procedure set forth in Section 26.30.060(D) for recording of the short plat. 26.15.110 Building permits will not issue until improvements are constructed or appropriate security is posted. If a short subdivision is approved subject to the construction of Public Facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the short plat until actual construction of the Public Facilities (and, in the case of Public Facilities that will be dedicated to the City, until after inspection and acceptance of the same by the City), or full performance of the conditions. This prohibition on the issuance of building permits under this Section shall not apply if the City has allowed the subdivider to post a bond or provided other security to the City in lieu of construction of the Public Facilities in a Subdivision Improvement Agreement. Chapter 26.20 Preliminary Subdivision Plats 26.20.010 Purpose. 26.20.020 Administration. 26.20.030 Procedure and Additional Notice. 26.20.040 Requirements for a Complete Application. 26.20.050 Criteria for Approval. 26.20.060 Dedications. 26.20.070 Time Limitation for Final Decision. 26.20.080 Effect of Preliminary Subdivision Approval; Expiration. 26.20.090 Deadline for Submission of Final Plat Application. Ordinance No.015-15 Page 24 of 64 26.20.100 Revisions to an Approved Preliminary Plat. 26.20.010 Purpose. The purpose of the provisions in this chapter is to regulate the subdivision of land into five (5) or more lots for residential, commercial or industrial use. 26.20.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The authority to hold a public hearing and provide a final decision on preliminary subdivision applications is granted to the Hearing Examiner and the City Counci131 has the authority to make a Decision on appeal after a closed record hearing. 26.20.030 Procedure and Additional Notice. A. Procedure. The following steps shall be followed in the processing of preliminary plat applications [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: 1. 23.20.040 Determination of Complete Application; 2. 23.30.010 Notice of Application; 3. s2; [Insert SEPA Chapter Number] SEPA 4. 23.40.020 Determination of Consistency; 5. 23.30.050 Notice of Public Hearing; 6. 23.50.020 (C) Preparation of Staff Report; 7. ch. 23.50 Public Hearing; 8. 23.50.100 Notice of Decision; and 9. 23.50.110 Administrative Appeal (if any). B. Additional Notice. In addition to the notice provided in the sections referenced above, the City shall also provide the following notice, as applicable: 1. If the proposed preliminary subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Transportation; and 2. If the proposed preliminary subdivision is located in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the affected irrigation district. 31 A PUD is a rezone, so the ordinance adopting the PUD, after final PUD approval is granted, must be passed by the City Council. 32 If an EIS issues, there may be an appeal of the EIS, with a public hearing. See, SEPA Chapter/Ordinance. Ordinance No.015-15 Page 25 of 64 3. If the proposed preliminary subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Ecology. 26.20.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete preliminary subdivision application: A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. The proposed name of the proposed subdivision, which shall not be the same as the name of any other subdivision or development in the City; 2. Name, address and telephone number of the subdivider and of the owner(s) of the properly to be subdivided; 3. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and; 4. Legal description of the property to be subdivided, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot; 5. A title report dated by the title company within thirty (30) days of the submission of the application to the City, confirming that the title of the lands as described and shown in the application is in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the preliminary plat, including a statement that the preliminary subdivision has been made with free consent and in accordance with the desires of the owner(s). If the preliminary plat includes a dedication, the certificate shall also contain the dedication of all streets and, other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the preliminary plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; 7. The owners of adjacent land and the names of any adjacent subdivisions; Ordinance No.015-15 Page 26 of 64 8. Identification of the source of water supply for each lot, including water line and fire hydrant locations, generalized plans of proposed water distribution systems, storm sewers, sewerage systems and shoreline modifications, if any, including locations and sizing; 9. If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines 10. All environmentally sensitive areas, their buffers and minimum building setbacks 11. If the subdivision is proposed to occur in two or more phases, the applicant shall provide a Subdivision Improvement Agreement on a form approved by the City Attorney, which meets the requirements of Section 26.25.050 and all of the information required by that section, as well as a map clearly showing the proposed phases and providing the proposed phasing schedule; intervals; 12. A map showing topographic lines at five (5) foot intervals; 13. Proposed final grading plan with topographical lines at five (5) foot 14. SEPA Checklist; and 15. A completed application form and the application fee, as established by the City in a resolution for this purpose. B. A registered land surveyor shall prepare a survey and map of the property drawn in ink in one or more sheets of paper, which shall also conform to the following requirements: 1. The map shall be to scale not less than 100 feet to the inch, on one original eighteen -inch by twenty-four inch drawing, indicating north; 2. The boundary lines of the tract to be platted and the interior lot lines, and relationship to adjacent properties shall be shown. (heavy line weight); 3. Length and bearing of the boundary lines and lot lines shall be shown. The map shall be referenced to the state plane coordinate system (medium line weight); 4. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight); Ordinance No.015-15 Page 27 of 64 5. Approximate location and widths of existing buildings, structures, utilities, underground storage tanks, dimensions of all easements and/or streets within or adjoining the short plat, and applicable city or county file numbers shall be shown (fine line weight); 6. A certification by the land surveyor stating that all requirements of this title have been complied with; weight); 7. The location of the nearest public street and utilities (medium line 8. The number assigned to each lot (heavy line weight); 9. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision (heavy line weight); 10. The survey and all of the materials required by this Subsection shall be filed with the application for approval of the preliminary subdivision; and 11. Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of Section 26.20.050 below and all other applicable City codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in Section 26.20.100 below. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established in Section 26.20.090, a Subdivision Improvement Agreement under Section 26.25.050 must be approved. 26.20.050 Criteria for Approval. A. The applicant for a preliminary subdivision must demonstrate that the application complies with all of the following: All applicable statutory provisions, including but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; Ordinance No.o15-15 Page 28 of 64 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan's capital facilities, water, sewer and transportation elements. 4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available Public Facilities to support and service the area of the proposed preliminary subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed preliminary subdivision to demonstrate the expected impact upon and use of Public Facilities by the possible uses and users of the proposed preliminary subdivision. Public Facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sewerage and water service, police protection, and firefighting water flow and fire apparatus access. 5. Water and Sewer. All habitable buildings and buildable lots in the preliminary subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, City engineer, the local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Drainage Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements. ss 33 See footnote 29 to Section 26.15.050(A)(8). Ordinance No.o15-15 Page 29 of 64 9. Flooding. If the proposed preliminary subdivision is in a flood control zone as defined in chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology. 10. Irrigation. If the proposed preliminary subdivision lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, it cannot be approved without compliance with RCW 58.17.310. 11. Model Homes. For the purpose of allowing the early construction of model homes in a preliminary subdivision, the Hearing Examiner may permit a portion of a preliminary subdivision involving no more than two lots to be created in accordance with the procedures for short subdivisions in chapter 26.15, as long as the portion derives access from an existing City, County or State highway, and provided no future road or other improvement is anticipated where the lots are proposed. The short subdivision application for the Model Homes shall be submitted to the City simultaneously with the preliminary plat application for the preliminary subdivision. The City shall not approve the short subdivision application for the Model Homes unless and until the City approves the associated preliminary plat application. This procedure requires the applicant for the short subdivision to waive any deadline in Section 26.15.070 for issuance of a final decision on the short subdivision. B. A proposed preliminary subdivision application shall not be approved unless the City makes written findings and conclusions that: All of the requirements in Section 26.20.050(A) are satisfied; 2. Appropriate provision are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 3. The public use and interest will be served by the platting of the preliminary subdivision and dedication; 4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120. If the property is in a flood control zone as defined in chapter 86.16 RCW, the plat shall not be approved without the prior written approval of the Washington State Department of Ecology; 5. The applicant agrees to install and dedicate all Public Facilities prior to the City's approval of the final plat, unless the applicant has executed a Subdivision Improvement Agreement and has provided the necessary security for the Agreement. Ordinance No.015-15 Page 30 of 64 26.20.060 Dedications. Dedication of land to any public body, provision of Public Facilities to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the recorded plat. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city must adopt the designated name. 26.20.070 Time limitation for Final Decision. A preliminary plat application shall be approved, approved with conditions or denied within one hundred -twenty (120)34 days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; PROVIDED that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty (120) day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 26.20.080 Effect of Preliminary Subdivision Approval. A. Approval of the preliminary subdivision by the City shall constitute direction to the applicant to develop construction plans and specifications for the required Public Facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the City and any special conditions imposed on the approval. B. Permission shall not be granted for installation of required Public Facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to Section 26.25.020. 26.20.090 Deadline for Submission of Final Plat Application. A final plat application meeting all of the requirements of the preliminary subdivision approval and this Title shall be submitted to the City for approval: A. Within ten (10) years of the date of preliminary plat approval if the project is within city limits, not subject to requirements adopted under chapter 90.58 RCW, and the date of preliminary plat approval is on or before December 31, 2007; or B. Within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014; or C. Within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015.35 34 Keep in mind that RCW 58.17.140 limits the final decision to 90 days but RCW 36.70B.080 allows the City to establish a deadline of 120 days for the final decision on project permit applications, and a preliminary plat application is defined as a project permit application in RCW 36.706.020. 35 RCW 58.17.140. Ordinance No.015-15 Page 31 of 64 26.20.100 Revisions to an Approved Preliminary Plat. An application for a revision to an approved preliminary plat may be submitted before a final plat application is submitted, as follows: A. Minor Revisions to an Approved Preliminary Plat. The Director is authorized to make the determination on a minor revision to an approved preliminary plat without a public hearing. 1. Defined. Minor revisions to an approved preliminary plat are those which do not change: (a) the plat boundaries; (b) the conditions of preliminary plat approval; (c) road alignments or connections and/or do not increase the number of lots by more than five percent or five (5) lots, whichever is less. 2. Application. A complete application for a preliminary plat revision shall consist of the following: a. application form and filing fee; b. site plan showing the proposed modification, using the same plan format as in the original approval; C. explanation in narrative form of the requested modification; 3. Processing. The following steps shall be followed in the processing of an application for a minor revision [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: a. 23.20.040 Determination of Complete Application; b. 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA (unless exempt under WAC 197-11-800); and d. 23.40.020 Determination of Consistency; e. 23.50.100 Notice of Decision; and f. 23.50.110 Administrative Appeal (if any). 4. Criteria for approval. The Director shall approve, approve with conditions or deny a proposed minor preliminary subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied: a. The proposed revision meets the criteria in Section 26.20.050(A); b. The revision will not be inconsistent with, or cause the subdivision to be inconsistent with the findings, conclusions or decision made by the City in its approval of the preliminary plat; Ordinance No.015-15 Page 32 of 64 5. Time Limitation for Final Decision. The minor subdivision revision application shall be approved, approved with conditions or denied within one hundred twenty days (120) after a complete application is submitted, unless the applicant consents to an extension in writing of such time period, PROVIDED, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 6. Deadline for Submission of Final Plat Not Extended. Approval of a minor preliminary subdivision revision shall not extend the deadline set forth in Section 26.20.090 for submission of a final plat application to the City. B. Major preliminary plat revisions. 1. Defined. A major preliminary plat revision is any application for a revision of a preliminary plat that does not meet the definition of a minor preliminary plat revision. 2. Application. An application for a major preliminary plat revision shall include all of the elements of a complete preliminary plat application. 3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary plat revision shall be the same as those for a preliminary plat application. 4. Deadline for Submission of Final Plat Not Extended. Unless the decision -maker on a major preliminary plat revision finds that the approved revision is in the public interest, the deadline for submission of the final plat application in Section 26.20.090 shall not be extended.ss Chapter 26.25 CONSTRUCTION PLANS, BONDS AND SUBDIVISION IMPROVEMENT AGREEMENTS 26.25.010 Purpose. 26.25.020 Construction Plans — Engineering Review. 26.25.030 Completion of Public Facilities and Other Improvements. 26.25.040 Bonds. 26.25.050 Subdivision Improvement Agreements. 26.25.060 Temporary Improvements. 26.25.070 Cost of Improvements. 36 Should this section instead state that the deadline for submission of a final plat will absolutely not be extended for a major preliminary plat revision? Otherwise, would it encourage a developer to submit an .application for a revision in order to be able to make the public interest argument in order to get extra time (when the time periods are already so long)? Ordinance No.015-15 Page 33 of 64 26.25.080 Acceptance of Dedication Offers. 26.25.090 Inspection and Acceptance of Improvements. 26.25.010 Purpose. The purpose of this Chapter is: A. To require the subdivider's submission of construction plans for development of the subdivision to the City for review and approval of specific construction details for all Public Facilities; B. To ensure that the Public Facilities required as part of approvals granted under this Title are built according to City standards;. C. To allow Subdivision Improvement Agreements (or Development Agreements) between the City and property owners for phasing of a preliminary plat or to address any other situation in Section 26.25.040(A); D. To address bonds and Subdivision Improvement Agreements between the City and property owners/subdividers, allowing a limited deferral for the construction of Public Facilities associated with the approval; and E. To ensure that the required Public Facilities and public utilities are ready and available for use when needed by the users of the subdivision. 26.25.020 Construction Plans — Engineering Review. A. Construction plans are required for all applications which seek to divide land and/or create parcels, tracts or lots under this Title. Following approval of the application, the applicant shall submit the applicable plan and review fees to the City Engineer, as well as three complete sets of construction plans and specifications (sheet size 22 inches by 34 inches) prepared by an engineer registered in the State of Washington, showing all Public Facilities or other improvements required by the approval. The applicant shall identify, either on the plans or by separate document, the engineer retained by the applicant to provide certification of all Public Facilities and improvements. B. The City Engineer's review of the plans shall not be subject to the permit processing requirements of chapter 36.7013 RCW, chapter 23.30 or this Title. Such plans must be approved by the City Engineer prior to the initiation of any work, including grading, on the subject site. Approval of the construction plans shall expire according to the deadlines established in this Title for the underlying application. . C. After the City Engineer has approved the construction plans and specifications, the applicant may proceed as follows: Ordinance No.015-15 Page 34 of 64 (1) Prior to the submission of a final plat or final binding site plan application for approval, or a short plat for recording, all streets, alleys, sidewalks, pedestrian/bike connections, landscaping, storm drainage, utilities, monumentation, street lights, trees, and any other Public Facilities or improvements shall be installed to the satisfaction of the City Engineer, in conformance with the Public Works Standards and this Title. If the applicant desires to defer construction for a limited time in order to obtain final plat or final binding site plan approval, the applicant shall submit a request for a Subdivision Improvement Agreement under Section 26.25.060. (2) The applicant's engineer shall provide as -built drawings of all Public Facilities, and all other improvements to be dedicated to and maintained by the City, to the City Engineer for approval, in conformance with the Public Works Standards and this Chapter. 26.25.030 Completion of Public Facilities and Other Improvements. Before a short plat can be recorded or a final plat of a subdivision or final binding site plan approved, all applicants are required to install all of the Public Facilities or other improvements, as specified in the short plat, preliminary plat or preliminary binding site plan approval, the Port Orchard Municipal Code or Public Works Standards. As an alternative to such installation, the applicant may post a bond or execute a Subdivision Improvement Agreement with appropriate security in order to record the short plat or obtain approval of the final plat or binding site plan. Another prerequisite to such recording or approval is the dedication of those improvements to the City or other utility, free and clear of all liens and encumbrances on the dedicated property and Public Facilities. 26.25.040 Bonds. A. Performance Bond May Be Posted in Lieu of Construction. The City Council in its sole discretion may waive the requirement that the public facilities or other improvements or dedications be completed/satisfied prior to the recording of the final plat. The city planning director, in his or her sole discretion, may waive the requirement that the public facilities or other improvements and dedications be completed/satisfied prior to the recording of the short plat or final binding site plan. In order for either of these situations to apply, the applicant must post a bond in accordance with this section. B. When Performance Bond is Appropriate. The City may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to: 1. The date of the applicant's request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat or Ordinance No.015-15 Page 35 of 64 final binding site plan applications,37 and the applicant's progress to date toward the completion of the Public Facilities; 2. The consequences that could result from the applicant's construction of the homes or other development contemplated by the proposed approval, before the necessary Public Facilities are completed/installed; and 3. Any other issues that may affect the public health and safety. C. Acceptable Bonds. No bond shall be accepted by the City unless it is submitted on the form approved in advance by the City Attorney and from a bonding company licensed to do business in the State of Washington. The City Engineer shall determine the amount of the bond, which shall be no less than one hundred fifty percent (150%) of the estimated cost of the Public Facilities or improvements. The City Engineer shall make a recommendation as to the length of the bond, which shall be no longer than 2 years after the final approval. D. Warranty Bond. Once the Public Facilities have been constructed, the dedications made and City has inspected and approved the Public Facilities, the applicant shall provide the City with a Warranty Bond meeting all the requirements of this Section to ensure the successful operation of the Public Facilities, for a period of two years after such inspection and approval. 26.25.050. Subdivision Improvement Agreement.38 A. Purpose. A Subdivision Improvement Agreement may be entered into by and between the City and the owner of property within the City, to address such project elements as those set forth in RCW 36.70B.170(B)(3). The Subdivision Improvement Agreement shall be consistent with the applicable development regulations of the City. 37 In other words, if a preliminary plat was approved on December 1, 2007 and the deadline for submission of final plat is 10 years (under 26.20.090), should the City allow an applicant to post a bond on November 1, 2017, so that the applicant will have another two years to construct the 3mprovements (when the applicant hasn't taken steps to construct them in the past 10 years)? You may ask why a separate Subdivision Improvement Agreement is required, if a bond, letter of credit or cash escrow is provided. It provides assurance that both the developer (who is the most likely to provide a bond, letter of credit or cash escrow) and the property owner, are on the hook to construct the necessary improvements within the established deadline. As an example, assume that the City has granted final plat approval conditioned on the developer's cash escrow agreement, which provides that the improvements must be installed within two years after final plat approval. The developer has applied for building permits for 10 homes in the development and has constructed all of them, but not the roads when the developer goes bankrupt. Contrary to the letter of credit or cash escrow, the bank releases the funds to the developer and the developer leaves the scene. (Or, the bond turns out not to be a bond, but just a written promise from the developer.) What is the City's recourse to ensure that the roads are built within the two year deadline in the developer's cash escrow agreement? If a Subdivision Improvement Agreement is signed by the property owner and recorded against the property, the City can enforce the Agreement to require the new property owner (or the bank) to construct the roads to serve the 10 homes. Ordinance No.015-15 Page 36 of 64 The consideration provided by the property owner for the City's decision to enter into the Subdivision Improvement Agreement may vary, depending on the benefits that the Agreement will provide to the City and/or the public in general. The City may require a Subdivision Improvement Agreement in those situations where the Developer chooses to post a bond or other security, in order to ensure that the requirement for installation of the subdivision improvements is an obligation that runs with the subject property. The Subdivision Improvement Agreement shall have a duration of not longer than 1 year after bond expiration. No Subdivision Improvement Agreement may extend the deadlines for recording of a short plat in Section 26.15.080, or for submission of a final plat in Section 26.20.090, or for submission of a final binding site plan in Section 26.40.090. Execution of a Subdivision Improvement Agreement as provided in this Section or posting of a Performance Bond does not eliminate the requirement for the applicant to post a Warranty Bond, pursuant to Section 26.25.040 (D). However, the property owner may choose to address the requirement for a Maintenance Bond in the Subdivision Improvement Agreement, as provided below. B. Form. All Subdivision Improvement Agreements shall be on the standard form, approved in advance by the City Attorney. C. Effect. Subdivision Improvement Agreements are not project permit applications and are not subject to the permit processing procedures in chapter 36.70B RCW and Title 23 of this Code. A Subdivision Improvement Agreement shall constitute a binding contract between the City and the property owner (and/or subsequent owners of any later -acquired interests in the property identified in the Subdivision Improvement Agreement). A Subdivision Improvement. Agreement governs the construction of the Project identified in the Agreement during the term of the Agreement, or for all or that part of the build -out period specified in the Agreement. A permit or approval granted by the City after execution of a valid Subdivision Improvement Agreement must be consistent with the Agreement. D. Limitations. Any provision of the Subdivision Improvement Agreement which requires the City to: (1) refrain from exercising any authority; (2) forego adoption of any development regulations affecting the property identified in the agreement; (3) allow vesting beyond the applicable deadlines for a phased development; shall be limited to a period of twenty (20) years. The Agreement shall also contain a proviso that the City may, without incurring any liability, engage in action that would otherwise be a breach of the Agreement if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. E. Termination and Modification. Every Subdivision Improvement Agreement shall have an identified, specific termination date. Upon termination, any further development of the property shall conform to the development regulations applicable to the property. The City shall not modify any Agreement by extending the termination Ordinance No.015-15 Page 37 of 64 date except in certain limited circumstances where additional consideration has been provided to the City. Any request for modification of the Agreement, and any required application revision, shall be consistent with the City's development regulations applicable to the property at the time of the request, not the original execution date of the Agreement or earlier. F. Application Requirements. A complete application for a Subdivision Improvement Agreement shall consist of the following: 1. Name, address, telephone number and e-mail address of the property owner. If the applicant is not the property owner, the applicant must submit a verified statement from the property owner that the applicant has the property owner's permission to submit the application; 2. Address, parcel number and legal description of the property proposed to be subject to the Subdivision Improvement Agreement; 3. Recent title report confirming that the property identified in the application is owned by the applicant/property owner signing the verified statement; 4. SEPA Checklist; 5. Identification of the application that is related to the Subdivision Improvement Agreement; 6. A completed application form and application fee established by the City in a resolution adopted for this purpose; 7. Any other information requested by the Community Development Director relevant to the processing of the Subdivision Improvement Agreement. G. Covenants Recorded Against the Property. The Subdivision Improvement Agreement must be signed by the owner(s) of the property, shall run with the land and bind all heirs or successors of the property. H. Security Required. The City may require that the developer provide a letter of credit or cash escrow as security for the promises contained in the Subdivision Improvement Agreement. Either security shall be in an amount equal to one hundred twenty percent (120%) of the estimated cost of completion of the required public improvements. 1. Letterof Credit. If the applicant chooses to post a letter of credit, as security for the Subdivision Improvement Agreement, such form shall be approved in advance by the City Attorney. The letter of credit shall be (a) irrevocable; (b) for a term sufficient to cover the completion, maintenance and warranty periods for the Ordinance No.015-15 Page 38 of 64 improvements; and (c) require only that the City present the letter of credit with a sight draft and an affidavit signed by the City Attorney, attesting to the City's right to draw funds under the Letter of Credit. 2. Cash Escrow. If the applicant posts a cash escrow as security for the Subdivision Improvement Agreement, such form shall be approved in advance by the City Attorney. The Escrow instructions shall provide that (1) the subdivider will have no right to a return of any of the funds except as provided herein; and (2) that the escrow agent shall have a legal duty to deliver the funds to the City whenever the City Attorney presents an affidavit to the agent, attesting to the City's right to receive funds, whether or not the subdivider protests that right. If and when the City accepts the offer of dedication for the last completed required Public Facility, the City shall execute a waiver of its right to receive all but a pre -arranged amount of the "residual" portion of the funds. The residual funds shall be security for the applicant's covenant to maintain the required Public Facilities and to warrant that the same will be free from any defects for the required two year period. Phasin . 1. In order to phase a project to extend the vested rights associated with an underlying project permit application, a Subdivision Improvement Agreement is required. This ensures the availability of Public Facilities and Services to all of the property in the identified individual phases, allows tracking of the available capacity of public facilities and utilities during each phase of construction, and with the extension of the vested rights associated with the project, provides certainty to the developer in the subsequent development approval process. 2. The deadlines in this Title shall be consulted to establish the baseline vesting period. The City is not required to extend these vesting periods. If the City decides to do so in a Subdivision Improvement Agreement, it must be in exchange for the property owner's provision of corresponding benefits to the City in the form of, for example, contributions to public facilities and amenities over and above what would normally be required. In any event, the City shall not allow vesting to extend beyond the twenty (20) year period established in Subsection D above. 3. A Subdivision Improvement Agreement for a phased development shall include (in addition to the requirements for a complete application in Subsection F above, all of the following: a. identification of the phasing schedule; b. identification of the number of phases and lots included in each phase; C. identification of the approximate dates for construction of public streets, public utilities and other improvements in each phase; Ordinance No.015-15 Page 39 of 64 d. identification of the approximate dates for commencement of development of each lot, lot sales and building occupancy; e. identification of the benefits that the property owner will provide to the City in exchange for permission to phase the development according to the proposed schedule; f. establishment of the deadline for the property owner to submit development applications; g. a description of the manner in which each phase is designed such that all site requirements are satisfied independently of phases yet to be given final approval and constructed; h. a description of the manner in which the property owner will ensure that adequate public facilities are available when the impact of development occurs. The property owner shall acknowledge in the Subdivision Improvement Agreement that if the demand for public facilities or services needed to accommodate a subsequent development phase increases following the issuance of a development permit for a prior phase in the approval process, or if public facilities or services included in a concurrency or SEPA determination are not constructed as scheduled in the City's capital facilities plan, final development approval may have to be delayed for future phases pending the achievement of the adopted levels of service. J. Processing Procedures. 1. Consolidation. Whenever possible, the Subdivision Improvement Agreement shall be consolidated for processing with an underlying project permit application or other application for approval. If consolidated, the property owner must agree to waive the deadline for a final decision on the underlying project permit application, as well as the prohibition on no more than one open record hearing and one closed record hearing on the underlying project permit application in RCW 36.7013.080 and .060(3). 2. Public Hearing. While the Director or the Hearing Examiner may provide a recommendation on a Subdivision Improvement Agreement (even if the Director or Hearing Examiner makes the final decision on the underlying project permit application), the City Council shall make the final decision whether to approve the Agreement by ordinance or resolution after a public hearing. Modifications to the Agreement shall be in writing, signed by the duly authorized representatives of the parties, be consistent with this Title and follow the same procedures set forth in this Title. 3. Appeal. A Subdivision Improvement Agreement associated with an underlying project permit application may be appealed in the same manner and within the same deadline as the underlying project permit application. 26.25.060 Temporary Improvements. The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those Ordinance No.015-15 Page 40 of 64 improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond, or Subdivision Improvement Agreement with a cash escrow or cash set aside in an amount established by the City Engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained and timely removed. 26.25.070 Cost of Improvements. All required Public Facilities or other improvements shall be constructed by the applicant/property owner, at its expense, without reimbursement by the City, unless otherwise specified in the project permit approval or Subdivision Improvement Agreement with the City. To the extent allowed by law, the City may form or cause to be formed a local improvement district or latecomers' agreement for the construction and financing of the required Public Facilities, excluding on -site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow or cash set aside) to construct the Public Facilities until complete or the City is satisfied that a subsequent guarantee will cover performance. 26.25.080. Acceptance of Dedication Offers.. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance or resolution of the City Council. The approval of the final plat shall not be deemed to constitute or imply acceptance by the City of any street, easement or park shown on the plat.39 26.25.090 Inspection and Acceptance of Improvements. A. General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the City Engineer finds that one or more of the required Public Facilities or other improvements have not been constructed in accordance with the City's approval of the plans and specifications or the applicable standards and/or approval, the subdivider/property owner shall be responsible for any corrections and completion of the improvements. 39 The reason for this is the potential exposure to liability for the City. For example, if a developer constructs all public streets in a preliminary plat to the City prior to final plat approval, the City Engineer will inspect them and recommend that the City Council accept them. If the City doesn't require a separate instrument for dedication, the approval and recording of the plat will constitute such acceptance. No problem. Here is the problem example. A developer asks that the City allow him/her to bond in lieu of construction of the streets prior to final plat approval. The City agrees, so the City approves the final plat and it is recorded. After recording, the developer obtains building permits and constructs three houses. The developer also constructs a road so that prospective home owners can visit the subdivision to select a lot for their new homes. Someone traveling on this new road — which hasn't been inspected by the City Engineer or accepted by the City — has an accident. The person having the accident sues the developer and the City, claiming that the recording of the plat constitutes the City's acceptance of dedication, so the City is partially responsible. Ordinance No.015-15 Page 41 of 64 B. Release of Security. The City will not accept dedication of required Public Facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider until the City Engineer has submitted a certificate stating: (1) that all required Public Facilities or other improvements have been satisfactorily completed; and (2) the subdivider's engineer or surveyor has certified to the City Engineer, through the submission of a detailed "as, built" survey plat of the subdivision, indicating location, dimensions, materials and other information required by the City's public works standards, that the layout of the line and grade of all transportation facilities, Public Facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan.ao C. City's Acceptance. Upon the recommendation for approval of the City Engineer, the City Council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose. D. Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required Public Facilities until the dedication of same is formally accepted by the City. Following the acceptance of the Public Facilities, the subdivider shall provide a Warranty Bond or other security to the City as required by Section 26.25.040(D). E. Issuance of Building Permits and Certificates of Occupancy. When a bond and/or other security with a Subdivision Improvement Agreement have been accepted by the City for the construction of Public Facilities or other improvements in a short plat, final plat or final binding site plan, the City shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the City.41 The City Engineer may authorize the issuance of up to fifty (50) percent of the building permits for the lots in the subdivision if: (a).the applicant is not in default of the Subdivision Improvement Agreement; and (b) the applicant has constructed and the City has inspected/accepted the Public Facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. 40 See, RCW 58.17.160. 41 In other words, the developer may post a bond in lieu of construction of the public improvements in order to get final plat approval. And then, the developer may apply for building permits for the structures in the plat. However, the City will not issue certificates of occupancy for the structures until the public improvements are constructed, inspected, and accepted for public ownership/maintenance. After the certificate of occupancy issues, the developer will sell the homes, and so the improvements must be in place. Ordinance No.015-15 Page 42 of 64 Chapter 26.30 FINAL PLATS AND FINAL BINDING SITE PLANS 26.30.010 Purpose. 26.30.020 Administration. 26.30.030 Procedure. 26.30.040 Requirements for a Complete Application. 26.30.050 Prescribed Forms. 26.30.060 Review and Approval Process. 26.30.070 Time Limitation for Final Decision. 26.30.080 Effect of Approval. 26.30.010 Purpose. The purpose of the provisions in this chapter is to regulate the process for final plat and final binding site plan approval. No building permits for development of a preliminary subdivision or preliminary binding site plan may be applied for until final plat or final binding site plan approval has been granted, unless the subdivider/property owner has posted a bond or other security with a Subdivision Improvement Agreement, pursuant to chapter 26.25.050 of this Title. 26.30.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The City Council has the authority to approve or deny final plats during a public meeting. The Director has the authority to administratively approve or deny final binding site plan approval without a hearing. 26.30.030 Procedure. The following steps shall be followed in the processing of a final plat application: [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title] A. 23.20.040 Determination of Complete Application; B. 23.40.020 Determination of Consistenc�2; C. 26.30.060 (C) City Council Public Meeting; D. 23.50.100 Notice of Decision. 26.30.040 Requirements for a Complete Application. A complete final plat or final binding site plan application shall include all of the following: A. The application form provided by the City, which shall include the name, address and telephone number of the subdivider, property owner and the date of submission; 42 There is no public hearing or meeting for a final plat or final binding site plan approval. Ordinance No.015-15 Page 43 of 64 B. A final plat map meeting the requirements of preliminary plat approval, chapter 26.20, and chapter 58.17 RCW, in the form required by and including the certifications and dedications described in chapter 26.30.50. Every plat containing a dedication filed for record must be accompanied by a recent title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication; C. A recordable survey and surveyor's signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250. D. If the Public Facilities required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a Subdivision Improvement Agreement, pursuant to Section 26.25.050), the subdivider's engineer shall provide cost information for construction and installation of all Public Facilities, including but not limited to the following: 1. Water mains and appurtenances. Total cost by number of feet and the cost of any other associated improvement by item, including water services; feet; 2. Storm Drains. Total cost by size and number of feet; 3. Sanitary Sewer. Total cost by size and number of feet; 4. Pedestrian/Bike Connections. Total cost by size and number of 5. Landscaping, including street trees, total cost; 6. Other on or off -site improvements as required. E. The application and five copies of the materials set forth above shall be submitted to the City along with the original signed by the owner and registered land surveyor. F. The applicable final plat application fee. 26.30.050 Prescribed Form. The final plat, short plat or final binding site plan shall be submitted to the City in the form and manner prescribed in this Section. A. Form. 1. The short plat, final plat or final binding site plan, containing all of the information specified in this chapter, shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar film or better. The applicant shall also Ordinance No.015-15 Page 44 of 64 submit an electronic copy to the City of the approved final plat. All documents, maps, survey calculations and notes shall contain the name of the subdivision, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s); and 2. The plat or final binding site plan map shall be 18 inches by 24 inches with a one-half inch border on the top, bottom and right-hand margins and a two - and one-half inch border on the left-hand or binding margin. B. Specific Requirements. The short plat, final plat or final binding site plan shall clearly show the following information: 1. The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision; 2. The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds and easements adjacent to the subdivision, including municipal boundaries, township lines and section lines; 3. The lengths and bearings of all straight lines, curve radii, curve delta, arcs and semitangents (where appropriate) of all curves; 4. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone; 5. All easements and associated restrictions and maintenance provisions; 6. Building setbacks; 7. Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined; 8. The area of all lots and tracts expressed in square feet; 9. Suitable primary control points, approved by the City Engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred; 10. The location of all permanent monuments; Ordinance No.015-15 Page 45 of 64 11. The names of all subdivisions immediately adjacent thereto; 12. The date, north arrow, scale, datum plane, and date of survey; 13. The boundary of the tract with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state; 14. A vicinity sketch map of approximately 800 feet to the inch; 15. Street names; and 16. The stamp and signature of a surveyor licensed in the State of Washington. C. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth. D. The scale of the short plat, final plat or final binding site plan will be 100 feet to the inch, or as approved by the director. E. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity. F. Document forms. All short plats, final plats, replats or final binding site plan shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision or binding site plan and easements, dedications, acknowledgements, and other statements, shall appear substantially in the form as follows: Easements (sample utility easement): An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted. Ordinance No.015-15 Page 46 of 64 2. Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donor or donees, grantee or grantees, for his, her or their use for the purpose intended by the grantors or donors. Know All Men by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road.43 This subdivision has been made with our fee consent and in accordance with our desires. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of [Signature blocks and Notary Certificate to follow.] 3. Acknowledgements or Notary Certificate. The forms for Notary Certificates are set forth in RCW 42.44.100. 4. Surveyor's Certificate. I hereby certify that the plat of is based upon a complete and actual survey and subdivision of Section _, Township , Range , East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations. Certificate: Expiration: Date: 43 This waiver may be required by the City pursuant to RCW 58.17.165 where the City accepts a street or avenue as part of short/final plat approval. Ordinance No.015-15 Page 47 of 64 5. City Engineer's Approval.44 I hereby certify that this final/short plat is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this day of , 201_. City Engineer. 6. City Council Approval. Approved by the City Council of the City of , this day of ATTEST: City Clerk Mayor 7. City Finance Director Approval. I hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. Executed this day of , 201_. Finance Director 8. County Treasurer Approval. as No engineer who is connected in anyway with the subdividing and platting of the land for which subdivision approval is sought, shall examine and approve such plats on behalf of any city, town or county. RCW 58.17.160(4). Ordinance No.015-15 Page 48 of 64 This is to certify that all taxes heretofore levied 'and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year Executed this day of , 201_. County Treasurer 9. County Auditor. Filed at the request of , this day of 201_, and recorded in Volume of Plats, page(s) , Records of County, Washington. County Auditor 26.30.060 Review and Approval Process. A. Staff Review. Once the final plat or final binding site plan application has been received and determined complete, the staff will determine whether all of the Public Facilities required by the preliminary plat or preliminary binding site plan approval have been constructed. Such Public Facilities shall be completed to the satisfaction of the City Engineer. In addition, the applicant shall submit an irrevocable offer to dedicate the improvements to the City, free and clear of all liens and encumbrances on the dedicated property and Public Facilities. No final plat or final binding site plan shall be approved unless all of the Public Facilities required by preliminary plat or preliminary binding site plan approval have been constructed, or the applicant has provided the City with a bond or a Subdivision Improvement Agreement with the necessary security to guarantee completion of such improvements. B. Staff Recommendation. The City Engineer shall forward the final plat application to the City Council (or recommend approval of the final binding site plan to the Director) if: The application is complete; and 2. The Public Facilities or other improvements are constructed in a satisfactory manner and approved by the City Engineer, or, in the alternative, a bond or security with a Subdivision Improvement Agreement has been provided pursuant to chapter 14.05. Ordinance No.015-15 Page 49 of 64 C. Action. 1. Final plat. After receipt of the recommendation of the staff on the final plat, the City Council shall consider the final plat application at a public meeting. When the Council finds that the subdivision proposed for final plat approval conforms to all terms of preliminary plat approval and that said subdivision meets the requirements of this Title 26, chapter 58.17 RCW other applicable City codes, state laws, and any local ordinances adopted under chapter 58.17 RCW which were in effect at the time of preliminary plat approval, the Council shall authorize the Mayor to suitably inscribe and execute the City's approval on the face of the plat. 2. Final Binding Site Plan. After receipt of the recommendation of the staff on the final binding site plan, the Director shall consider the final binding site plan application and determine whether: (a) it meets all of the terms of preliminary binding site plan approval; and (b) all of the applicable requirements of this Title 26, other City codes, state law and any local ordinances adopted under chapter 58.17 RCW which were in effect at the time of preliminary binding site plan approval. If the application satisfies all of the criteria in this subsection, the Director shall suitably inscribe and execute the City's approval on the face of the binding site plan. D. The subdivider shall furnish the City with one permanent reproducible copy, mylar or better quality, of the final plat, including all recording data and covenants. Paper and electronic copies shall be supplied to the City within five days of the Council's approval. The City shall file the original approved final plat with the County auditor within thirty (30) working days after approval by the City Council at the subdivider's cost. One paper copy shall be filed with the County Auditor. 26.30.070 Time Limitation for Final Decision. The final decision to approve or deny a final plat shall be made by the Council within thirty (30) days after the final plat application was determined complete. The Director's final decision to approve or deny a final binding site plan shall be made within thirty (30) days after the final binding site plan application was determined complete. 26.30.080 Effect of Approval. A. Any lots in a final plat or filed for record shall be a valid land use, notwithstanding any change in zoning laws for a period of ten (10) years from the date of filing if the final plat is within City limits, not subject to the requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007. B. Except as provided by (A) of this Section, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven (7) years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015. Ordinance No.015-15 Page 50 of 64 C. Except as provided by (D) of this section, a subdivisions shall be governed by the terms of approval of the final plat and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven (7) years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five (5) years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. D. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of ten (10) years after final plat approval if the final plat, not subject to requirements adopted under chapter 90.58 RCW, and the date of final plat approval is on or before December 31, 2007, unless the City Council body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.4 Chapter 26.35 Vacation and Alteration Of Final Plats and Final Binding Site. Plans. Sections: 26.35.010 Purpose. 26.35.020 Administration. 26.35.030 Procedure. 26.35.040 Requirements for a Complete Application. 26.35.050 Criteria for Approval. 26.35.060 Time Limitation for Final Decision. 26.35.070 Recording. 26.35.010 Purpose. The purpose of this chapter is to regulate and allow vacation or alteration of approved final plats and approved final binding site plans. It does not allow modification or revision of preliminary plats or preliminary binding site plans. The procedure for vacation of plats does not apply to the vacation or alteration of any plat of state -granted tide or shore lands. When the vacation application is specifically for a city street, the procedures for street vacations in RCW 35.79 RCW shall be utilized for the street vacation.46 When the application is for the vacation of the plat or binding site plan together with the roads/streets, the procedure for vacation in this chapter shall be used, but vacations of streets subject to RCW 35.79.035 may not be made under this procedure. as RCW 58.17.170. as By repealing chapter 16.72 POMC, we also repealed Section 16.72.250, on the subject of street vacations. However, this Section was outdated and inconsistent with chapter 35.79 RCW. I have provided the City with a new chapter on street vacations. Ordinance No.015-15 Page 51 of 64 26.35.020 Administration. The Director is authorized and directed to administer the provisions of this chapter. The authority to approve, approve with conditions or deny proposed plat and binding site plan vacations or alterations is granted to the Hearing Examiner after a public hearing. 26.35.030 Procedure. The following steps shall be followed in the processing of vacation or alteration applications. [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title] A. 23.20.040 Determination of Complete Application; B 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA; D. 23.40.020 Determination of Consistency; E. 23.30.050 Notice of Public Hearing (see also, additional public hearing notice below); F. 23.50.020 (C) Preparation of Staff Report; G. 23.50 Public Hearing; H. 23.50.100 Notice of Decision; and I. 23.50.110 Administrative Appeal (if any). Additional Notice of Public Hearing. In addition to the notice provided above, the City shall provide notice of an application for vacation or alteration to all owners of property within the subdivision (excluding the owners of property submitting the application), and as provided for in RCW 58.17.080 and 58.17.090. The notice shall establish the date of the public hearing. 26.35.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete application: A. Vacation Application: 1. Date, name, address and telephone number of the applicant and/or property owner; 2. The reason(s) for the proposed vacation; 3. Signatures of all parties having an ownership interest in the subdivision or that portion of the subdivision proposed to be vacated; 4. If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the subdivision or portion thereof; Ordinance No.015-15 Page 52 of 64 5. Acknowledgement that if any street is included in the application for a vacation, that the applicant shall be required to pay the amount contemplated in RCW 35.79.030, if the vacation is granted; 6. A copy of the approved plat or binding site plan sought to be vacated, together with all plat or binding site plan amendments recorded since the date of the original approval; 7. A recent title report for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application; and 8. If the vacation is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the partial vacation will not violate the terms of subdivision or binding site plan approval or this Chapter. 9. An application fee. B. Alteration Application. 1. Date, name, address and telephone number of the applicant and/or property owner; 2. The reason(s) for the proposed alteration; 3. Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be altered; 4. If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision or binding site plan, and the application for the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or binding site plan; 5. A copy of the proposed plat sought to be altered, together with all plat amendments recorded; and 6. A recent title report for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application. . 7. If the alteration is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the alteration will not violate the terms of subdivision or binding site plan approval or this Chapter 26.35.050 Criteria for Approval. A. Vacation Criteria. 1. Vacation. The plat or binding site plan vacation may be approved, approved with conditions or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation. If any portion of the land contained in the subdivision or binding site plan was dedicated to the public for public use and benefit, such land, if not already deeded to the City, shall Ordinance No.015-15 Page 53 of 64 be deeded to the City as a condition of approval, unless the City decision -maker shall make findings that the public use would not be served in retaining title to those lands. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat, binding site plan or other document creating the dedicated easement provides or an alternative method or methods to extinguish or alter the easement. 2. Street Vacation. When the vacation application is specifically for vacation of a City street, the City's street vacation procedures (and/or the procedures in chapter 35.79 RCW) shall be utilized. When the procedure is for the vacation of a plat or binding site plan together with the streets, the vacation procedure in this chapter shall be used, but vacation of streets may not be made that are prohibited under RCW 35.79.035 or the City's street vacation ordinance.47 3. Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated with contained wholly within the subdivision or binding site plan and is part of the boundary of the subdivision or binding site plan, title to the vacated road or street shall vest with the owner(s) of property contained within the vacated subdivision or binding site plan. B. Alteration Criteria. The alteration may be approved, approved with conditions or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the alteration. If any land within the alteration area is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. 26.35.060 Time Limitation for Final Decision. A vacation or alteration application shall be approved, approved with conditions or denied within one hundred -twenty (120) days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. 26.35.070 Recording. After approval of the alteration or vacation, the City shall order the applicant to produce a revised drawing of the approved alteration or vacation of the short plat, final plat or binding site plan. The Council shall authorize the Mayor to sign the approved short plat or final plat, and then the City shall file it with the County auditor at the applicant's cost, to become the lawful plat of the property (or to vacate the 47 This procedure was repealed (Section 26.72.250). 1 provided the City with a new street vacation ordinance. Ordinance No.015-15 Page 54 of 64 previously approved plat). The Director shall sign the approved binding site plan and arrange for filing with the county auditor at the applicant's cost. Chapter 26.40 BINDING SITE PLANS 26.40.010 Purpose and Applicability. 26.40.020 Administration. 26.40.030 Procedure for Preliminary Binding Site Plan. 26.40.040 Requirements for a Complete Application. 26.40.050 Review of Binding Site Plan Application. 26.40.060 Criteria for Approval. 26.40.070 Dedications. 26.40.080 Time Limitation for Final Decision. 26.40.090 Effect of Preliminary Binding Site Plan Approval; Expiration. 26.40.100 Deadline for Submission of Final Binding Site Plan Approval. 26.40.110 Revisions to an Approved Preliminary Binding Site Plan. 26.40.120 Procedure for Final Binding Site Plan. 26.40.010 Purpose and Applicability. The purpose of this chapter is to establish the binding site plan procedure, as an alternative to the procedures for subdivision of land, for the following limited circumstances only: A. To divide land for sale or lease of commercially or industrially zoned property;48 B. To divide land for lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land;49 and C. To divide land into lots or tracts if a portion or all of the land will be subject to the procedures for condominiums in chapters 64.32 (the Horizontal Property Regimes Act (Condominiums) or 64.34 (the Condominium Act) RCW.50 26.40.020 Administration. The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve or disapprove proposed preliminary and final binding site plans without a hearing in accordance with this chapter. 26.40.030 Procedure for Preliminary Binding Site Plan. The following steps shall be followed in the processing of preliminary binding site plan applications. [hyperlink 48 As provided in RCW 58.17.040(4). 49 RCW 58.17.040(5). " RCW 58.17.040(7). Ordinance No.015-15 Page 55 of 64 will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title] A. 23.20.040 Determination of Complete Application; B 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA; D. 23.40.020 Determination.of Consistency; E. 23.50.020 (E) Notice of Decision by Director; and F. 23.50.110 Administrative Appeal (if any). 26.40.040 Requirements for a Complete Application. The following materials shall be submitted to the City for a complete preliminary binding site plan application: A. Seven copies of the application form provided by the City. The application shall contain the following information: 1. The proposed name of the proposed binding site plan, which shall not be the same as the name of any other development in the City; 2. Name, address and telephone number of the applicant and of the owner(s) of the property included in the application; 3. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant; 4. Legal description of the property subject to the binding site plan, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the application, together with the numbers to be assigned to each block and lot; 5. A recent title report confirming that the title of the lands as described and shown in the application are in the name of the owner. 6. Certificate giving full and complete descriptions of the lands divided as they appear on the binding site plan, including a statement that the binding site plan has been made with free consent and in accordance with the desires of the owner(s). If the binding site plan includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the binding site plan. and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance.of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands divided; Ordinance No.015-15 Page 56 of 64 B. One original eighteen inch by twenty-four inch drawing, and 7 copies, containing the following information: The location and size of all proposed lots, tracts and buildings; 2. Proposed and existing structures, including elevations and floor plans as known (plans which show building envelopes rather than footprints must include post -construction treatment of unoccupied areas of the building envelopes); 3. All proposed or existing uses; 4. The location of proposed or existing open space, including any required landscaped areas; 5. The location and identification of critical areas; 6. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles; 7. The number and location of proposed or existing parking spaces on and off the site; 8. A drainage plan which will accommodate the maximum proposed square footage of impervious surface, including the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the City's storm water drainage design standards; 9. The location and size of utility trunk lines serving the site; 10. The location and size of water bodies and drainage features, both natural and manmade; 11. A grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to two -foot contours, unless smaller contour intervals are otherwise required by the City code; 12. A layout of sewers and the proposed water distribution system; 13. Proposed easements and access; 14. Proposed signage; 15. Depictions of easements, deed restrictions and other encumbrances referenced in Subsections E and H of this Section; Ordinance No.015-15 Page 57 of 64 C. A completed SEPA Environmental Checklist; D. A downstream drainage analysis or any other requirement specified in the City's surface water design manual, site development regulations or surface water policy ordinance; E. All covenants, easements, maintenance agreements or other documents regarding mutual use of common open space, parking and access; F. -Sanitary sewer availability certificate from the public sanitary sewer service provider if other than the City, for an area not served by or intended to be served by the City; G. Water availability certificate from the water purveyor providing service to the property if other than the City for an area not served by or intended to be served by the City; H. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site; I. A phasing plan and time schedule, if,the site is intended to be developed in phases; J. The payment of all applicable fees as prescribed in the City's fee schedule; K. A topography map, labeled "Topography Map"; and L. Draft covenants, conditions and restrictions labeled "CC&R's" or any other restrictions or easements that may apply. 26.40.050 Review of Binding Site Plan Application. A. Once the preliminary binding site plan application has been determined complete, the Director shall transmit for review and comment a copy of the site plans, together with copies of any document the Director determines are appropriate, to the following: 1. The Public Works Director, who shall review the elements of the application relating to traffic, utilities, storm drainage, streets, alleys, public ways, sidewalks, water, sanitary sewer, drainage, and determine whether it satisfies the requirements of Section 26.40.060; 2. The South Kitsap Fire District, who shall review the elements of the application relating to conformance to the Fire Code and emergency access; Ordinance No.015-15 Page 58 of 64 3. Any other City officer, department, utility provider, school district, as the Director deems appropriate; 4. If the proposed preliminary binding site plan is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the State Department of Transportation; and 5. If the proposed preliminary binding site plan is located in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the Director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the affected irrigation district. 6. If the proposed preliminary binding site plan is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the binding site plan and a location map, to the State Department of Ecology. B. In addition to the transmittal of copies of the application materials to the officers, departments and agencies identified in Subsection A above, the Director shall also specify the deadline for submission of any comments or determinations of said officers, departments and agencies as to the conformance of the application with the criteria for approval in Section 26.40.060. 26.40.060 Criteria for Approval. A. The applicant for a preliminary binding site plan must demonstrate that the application complies with all of the following: All applicable statutory provisions, including but not limited to, RCW 58.17.195; 2. The City's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; 3. The City's comprehensive plan and all related elements, including, but not limited to the comprehensive plan's capital facilities, water, sewer and transportation elements. 4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available Public Facilities to support and service the area of the proposed preliminary binding site plan. The applicant shall, at the request of the City, submit sufficient information and data on the proposed preliminary binding site plan to demonstrate the expected impact upon and use of Public Facilities by the possible uses Ordinance No.015-15 Page 59 of 64 and users of the proposed preliminary binding site plan. Public Facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sewerage and water service, school bus routes, police protection, and firefighting water flow and fire apparatus access. 5. Water and Sewer. All habitable buildings and buildable lots in the preliminary binding site plan shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City's comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City's comprehensive sewer plan. The City shall consider the recommendation of the public works director, the local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply. 6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding, in accordance with the City's Stormwater Drainage Regulations. The City may require the use of control methods such as retention or detention and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. 7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the binding site plan. 8. Extension policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary binding site plan. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary binding site plan to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements. B. A proposed preliminary binding site plan application shall not be approved unless the City makes written findings and conclusions that: 1. All of the requirements in Section 26.40.060(A) are satisfied; 2. The collective lots in the property included in the preliminary binding site plan will function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking; Ordinance No.015-15 Page 6o of 64 3. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation; 4. The public use and interest will be served by the approval of the binding site plan; . 5. The binding site plan shall include the following statement: All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, and in accordance with other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons or entities now or hereafter having any interest in the land described herein. 6. The conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified and enforced by the covenants, easements or other similar mechanisms; 7. The applicant agrees to install and dedicate all Public Facilities prior to the City's approval of the final binding site plan, unless the applicant has executed a Subdivision Improvement Agreement and has provided the necessary security for the Agreement. 26.40.070 Time limitation for Final Decision. A preliminary binding site plan application shall be approved, approved with conditions or denied within one -hundred twenty (120) days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; PROVIDED that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty (120) day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 26.40.080 Effect of Preliminary Binding Site Plan Approval; Expiration. A. Approval of the preliminary binding site plan by the City shall constitute direction to the applicant to develop construction plans and specifications for the required Public Facilities, in strict conformance with the approved preliminary binding site plan, the street and utility standards adopted by the City and any special conditions imposed on the approval. Ordinance No.015-15 Page 61 of 64 B. Permission shall not be granted for installation of required Public Facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to Section 26.25.020. 26.40.090 Deadline for Submission of Final Binding Site Plan Application. A final binding site plan application meeting all of the requirements of the preliminary binding site plan approval and this Title shall be submitted to the City within five (5) years of the date of preliminary binding site plan approval. 26.40.100 Revisions to an Approved Binding Site Plan. An application for a revision to an approved preliminary binding site plan may be submitted before a final binding site plan application is submitted, as follows: A. Minor Revisions to an Approved Preliminary Binding Site Plan. The Director is authorized to make the determination on a minor revision to an approved binding site plan without a public hearing. 1. Defined. Minor revisions to an approved preliminary binding site plan are those which do not change: (a) the binding site plan boundaries; (b) the conditions of preliminary binding site plan approval; (c) road alignments or connections and/or do not increase the number of lots by more than five percent or five (5) lots, whichever is less. 2. Application. A complete application for a preliminary binding site plan revision shall consist of the following: a. application form and filing fee; b. site plan showing the proposed modification, using the same plan format as in the original approval; C. explanation in narrative form of the requested modification; 3. Processing. The following steps shall be followed in the processing of an application for a minor revision [hyperlink will be set to each procedure, so the reader will be directed to the appropriate section of the permit processing title]: a. 23.20.040 Determination of Complete Application; b. 23.30.010 Notice of Application; C. [Insert SEPA Chapter Number] SEPA (unless exempt under WAC 197-1.1-800); and d. 23.40.020 Determination of Consistency; e. 23.50.100 Notice of Decision; and . d. 23.50.110 Administrative Appeal Ordinance No.015-15 Page 62 of 64 4. Criteria for approval. The Director shall approve, approve with conditions or deny a proposed minor preliminary binding site plan revision application, as long as the applicant demonstrates that all of the following criteria are satisfied: a. The proposed revision meets the criteria in Section 26.40.050(A); b. The revision will not be inconsistent with, or cause the binding site plan to be inconsistent with the findings, conclusions or decision made by the City in its approval of the preliminary binding site plan; and C. Approval of the revision will not affect the ability of the collective lots in the property included in the preliminary binding site plan to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. 5. Time Limitation for Final Decision. The minor preliminary binding site plan revision application shall be approved, approved with conditions or denied within one hundred twenty days (120) after a complete application is submitted, unless the applicant consents to an extension in writing of such time period, PROVIDED, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the one hundred -twenty day period shall not include the time spent preparing and circulating the environmental impact statement by the City. 6. Deadline for Submission of Final Binding Site Plan Not Extended. Approval of a minor preliminary binding site plan revision shall not extend the deadline set forth in Section 26.40.090 for submission of a final binding site plan application to the City. B. Major preliminary binding site plan revisions. 1. Defined. A major preliminary binding site plan revision is any application for a revision of a preliminary binding site plan that does not meet the definition of a minor preliminary binding site plan revision. 2. Application. An application for a major preliminary binding site plan revision shall include all of the elements of a complete preliminary binding site plan application. 3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary binding site plan revision shall be the same as those for a preliminary binding site plan application. Ordinance No.o15-15 Page 63 of 64 4. Deadline for Submission of Final Binding Site Plan Not Extended. Unless the decision -maker on a major preliminary binding site plan revision finds that the approved revision is in the public interest, the deadline for submission of the final binding site plan application in Section 26.40.090 shall not be extended. Section 3. Purpose. The purpose of this Interim Zoning Ordinance is to allow the City to consider and process applications for boundary line adjustments, short plats, preliminary plats, final plats, preliminary binding site plans, final binding site plans, and amendments thereto, during the interim period until the City drafts and considers a new "permanent" or interim zoning ordinance on the same subjects. The City will consider adoption and enforcement of such an ordinance during the next six months, while this Interim Zoning Ordinance is in effect. Section 4. Interim Ordinance Adopted. This Interim Ordinance is immediately adopted for a period of six months in order to provide the City adequate time to: A. Review a new interim or "permanent" zoning ordinance to regulate the subjects identified in Section 3 above on a comprehensive basis. B. During the interim period, the City expects to hold a public hearing(s) on the draft ordinance, obtain public input on such ordinance, allow the Planning Commission to make recommendations to the City Council, for the City Council to review the draft ordinance and, if desired, to adopt new regulations on subdivisions. This work will begin immediately after the activities described in A and B are complete. Section ti. Effect of Interim Zoning Ordinance. This Interim Zoning Ordinance will allow the City, during the next six months, to accept applications for the applications identified in Section 3 and to process them under the regulations in this ordinance. Those applications conforming to the regulations in this ordinance may be approved and those that are not consistent with this ordinance may be denied. Section 6. Duration of Interim Zoning Ordinance. This Interim Zoning Ordinance shall be immediately effective upon adoption. As long as the City holds a public hearing on the Interim Zoning Ordinance and adopts findings and conclusions in support of the Interim Zoning Ordinance, the Interim Zoning Ordinance shall not terminate until six (6) months after the date of adoption, unless repealed earlier by the Council, or at the time when all of the events described in Section 4 have been accomplished, whichever is sooner. Section 7. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW 36.7oA.390 and RCW 35.63.200, the City Council shall hold a public hearing on this interim zoning ordinance within sixty (6o) days of its adoption, or before November 7, 2015. During the next Council meeting immediately following the public hearing, the City Council shall adopt findings of fact on the subject of this interim zoning ordinance and either justify its continued imposition or repeal this ordinance. NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held September 8, 2015. ORDINANCE NO. 015-15 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO LAND USE AND ZONING, ADOPTING AN INTERIM ZONING ORDINANCE ON SUBDIVISIONS, ADDING DEFINITIONS, INCLUDING PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS, SHORT PLATS, PRELIMINARY PLATS, FINAL PLATS AND BINDING SITE PLANS, DESCRIBING THE ELEMENTS OF A COMPLETE APPLICATION, THE CRITERIA FOR APPROVAL, PROCEDURES FOR AMENDMENTS OF PRELIMINARY PLATS AND AMENDMENTS/VACATION OF FINAL PLATS, DESCRIBING THE PROCEDURES FOR ENGINEERING REVIEW OF CONSTRUCTION PLANS, CONSTRUCTION OF PUBLIC IMPROVEMENTS, SECURITY FOR PUBLIC IMPROVEMENTS, RECORDING OF FINAL PLATS, AND ENFORCEMENT, REPEALING EXISTING CHAPTER 16.72 OF THE PORT ORCHARD MUNICIPAL CODE, ADOPTING A NEW CHAPTER 26.05 OF THE PORT ORCHARD MUNICIPAL CODE, DECLARING THAT SUCH INTERIM ZONING ORDINANCE SHALL BE IN EFFECT UNTIL THE CITY ADOPTS "PERMANENT" ZONING REGULATIONS ON THE SAME SUBJECT, THIS INTERIM ORDINANCE TO BE EFFECTIVE IMMEDIATELY, DECLARING AN EMERGENCY, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING ORDINANCE, AND ESTABLISHING THE DATE OF A PUBLIC HEARING ON THE INTERIM ZONING ORDINANCE. Copies of Ordinance No. 015-15 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 015-15 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: September 18, 2015