Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.010 Short title.
17.02.020 General authority.
17.02.030 Purpose.
17.02.040 Scope.
17.02.050 Exceptions.
17.02.060 Administration.
17.02.065 Application requirements.
17.02.070 Consent to access.
17.02.080 Enforcement.
17.02.090 Amendments.
17.02.010 Short title.
The ordinance codified in this title, together with any amendments hereto, shall be known as the “Auburn land division ordinance” and shall constitute Title 17 of the Auburn City Code and shall hereafter be referred to as “this title.” (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.020 General authority.
This title is adopted under the authority of Chapters 35A.01, 35A.58 and 58.17 RCW. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.030 Purpose.
The purpose of this title is to regulate the division of land lying within the corporate limits of the city, and to promote the public health, safety and general welfare and prevent or abate public nuisances in accordance with standards established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Promote safe and convenient travel by the public on streets and highways;
C. Promote the effective use of land;
D. Provide for adequate light and air;
E. Facilitate adequate provision for water, sewerage, storm drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements;
F. Provide for proper ingress and egress;
G. Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Auburn zoning ordinance, other city plans, policies and land use controls, and Chapter 58.17 RCW;
H. Adequately provide for the housing and commercial needs of the citizens of the state and city;
I. Require uniform monumenting of land divisions and conveyance by accurate legal description;
J. Implement the goals, objectives and policies of the Auburn comprehensive plan. (Ord. 6239 § 1, 2009; Ord. 4772 § 1, 1995; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.040 Scope.
Every division of land lying within the corporate limits of the city shall comply with the provisions of this title, except as provided by ACC 17.02.050, and shall also comply with the provisions of Chapter 58.17 RCW. Wherever conflicts may arise between this title and Chapter 58.17 RCW, the latter shall prevail. It shall be the responsibility of the property owner, applicant and the city to ensure that a land division complies with this title and Chapter 58.17 RCW. No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this title or Chapter 58.17 RCW unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.050 Exceptions.
The provisions of this title shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions or the laws of descent;
C. Assessor’s plats made in accordance with RCW 58.18.010. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.060 Administration.
A. This title shall be administered by the director of the planning, building and community department, hereafter referred to as the planning department. All applications for land division approval under this title shall be submitted to the planning department. In cases where an environmental impact statement is required under the provisions of the State Environmental Policy Act (SEPA – Chapter 43.21C RCW), the planning department shall not be considered to be in receipt of an application, for the purpose of complying with time limitations established by this title, until the date of issuance of a final environmental impact statement.
B. Unless otherwise stated herein, all references to days are to be construed as calendar days. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.065 Application requirements.
A. An application shall consist of all materials required by the applicable application submittal checklist, the applicable development regulations and shall, at a minimum, include the following:
1. A completed project permit application form signed by the property owner(s) and/or applicant;
2. A statement that the applicant attests by written oath to the accuracy and completeness of all information submitted for an application;
3. A statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the written consent of all owners of the affected property and such written consent is supplied with the application;
4. A legal description of the site;
5. Applicable filing fee(s), if any, as established in the current city of Auburn fee schedule and relevant deposit(s), if any, as permitted or required by other chapters or sections of the Auburn City Code;
6. Evidence of water and sewer availability:
a. Availability of water and sewer service inside the municipal limits of the city shall be confirmed by city staff;
b. Except for boundary line adjustments or boundary line eliminations, if outside the city’s water or sanitary sewer service area, application shall include evidence of water or sanitary sewer availability or evidence of approval from King County or Pierce County health departments for a septic system adequate to accommodate the proposed development;
c. The application shall include a conceptual utility plan showing all utility infrastructure needed to serve the subdivision;
7. Conceptual grading plan showing existing and proposed grades with cross sections demonstrated, as applicable;
8. Conceptual access plan showing existing and proposed access points and access points adjacent to or on the opposite side of the subject properties’ frontage;
9. Any additional information as required by the specific submittal checklist or chapter of this title for each specific application type;
10. A project permit application is complete when it meets the submittal requirements specified by the director. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department.
B. The director shall have the authority to prepare, revise and/or waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. (Ord. 6239 § 1, 2009.)
17.02.070 Consent to access.
Persons applying for land division or other subdivision-related approvals under this title shall permit free access to the land subject to the application, to all agencies considering the proposal, for the period of time extending from the time of application to the time of final approval of the short subdivision or subdivision. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.080 Enforcement.
The planning director, or designee, pursuant to the provisions of Chapter 1.25 ACC, shall be charged with the responsibility of enforcing the provisions of this title or any conditions properly imposed by the hearing examiner, planning commission or city council. (Ord. 6239 § 1, 2009; Ord. 4501 § 2, 1991; Ord. 4296 § 2, 1988.)
17.02.090 Amendments.
A. Initiation of Amendments.
1. The city council, or the planning and community development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that no public hearing is required for a purely administrative or procedural amendment of any portion of this title;
2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments;
3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title.
B. Public Hearing and Notice.
1. With the exception of purely administrative or procedural amendments, the planning director shall schedule a public hearing to be held before the planning commission for any proposal to amend this title or to adopt or repeal any ordinance under the authority established by Chapter 58.17 RCW. The director shall cause notice of such hearing to be given as follows:
a. By sending to any individual or organization which has submitted a request for notification a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment can be obtained; and
b. By publishing in a newspaper of general circulation in the area a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment may be obtained.
2. For all proposals to make purely administrative or procedural amendments to this title, the planning director shall cause notice of such proposed amendment to be given as follows:
a. By sending to any individual or organization which has submitted a request for notification advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained.
b. By publishing in a newspaper of general circulation in the area advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained.
3. For the purposes of this section, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: substantive matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development), and procedural or administrative matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, procedural or administrative matters are the mechanical rules by which substantive issues may be pursued).
C. Planning Commission Recommendation. After the public hearing has been closed, the planning commission shall recommend to the council either adoption, adoption with modifications, or rejection of the proposed ordinance or amendment. In formulating its recommendation, the commission shall consider, among other things, the relationship between the proposed ordinance or amendment and the comprehensive plan, other applicable city policies, and other existing land use controls.
D. City Council Action. The planning director shall forward the planning commission’s recommendation, in writing, to the council. The council may elect to hold its own public hearing, either before the full council or before a council committee, in which case the city clerk shall cause adequate notice to be given. The council shall consider, but shall not be bound by, the planning commission’s recommendation in reaching its own decision. (Ord. 6239 § 1, 2009.)