Chapter 17.14
IMPROVEMENT REQUIREMENTS – SUBDIVISIONS
Sections:
17.14.005 Plan preparation, submittal and approval.
17.14.010 Improvement methods.
17.14.015 City engineer’s certificate of improvements.
17.14.020 Street, utilities and grading plans.
17.14.030 Public water service.
17.14.040 Public sanitary sewer service.
17.14.050 Street requirements.
17.14.060 Block requirements.
17.14.070 Minimum improvement requirements for approval of subdivisions and short subdivisions.
17.14.080 Underground utilities.
17.14.090 Lot requirements.
17.14.100 Parks and playgrounds.
17.14.110 Floods and flood control.
17.14.120 Additional requirements.
17.14.005 Plan preparation, submittal and approval.
A. Plans for improvements shall be prepared, signed, dated and stamped by a professional civil engineer registered in the state of Washington and shall be in accordance with city standards and specifications. Plans shall be submitted to the city, following preliminary plat approval, for circulation and review. No construction permit or approval shall be issued and no construction activity shall commence relating to subdivision improvements until the plans required by this chapter have been approved and signed by the city engineer. Plans shall be consistent with the approved preliminary plat. All sanitary sewer, water, drainage and street improvements to be dedicated to the city shall be covered by a public facilities extension agreement, as required by ACC Titles 12 and 13.
B. For preliminary plats that were approved, but not constructed, prior to the effective date of the amendments to this chapter as adopted by the ordinance codified in this chapter, the owner/developer may choose to use the standards in effect at the time of the preliminary plat approval or, if approved by the city engineer, use the standards adopted pursuant to this chapter. (Ord. 6239 § 1, 2009; Ord. 6186 § 9, 2008; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.010.)
17.14.010 Improvement methods.
Following preliminary plat approval and approval of all plans required by this chapter, and prior to setting the date for consideration by the city council for final plat approval, the applicant/plat developer shall guarantee the public improvements required for the plat are completed by one of the following methods:
A. By completion of construction of the minimum required plat improvements in conformance with ACC 17.14.070 (minimum improvement requirements) and furnishing to the city an assignment of funds or an irrevocable letter of credit or guarantee bond or other similar security satisfactory to the city engineer, in which assurance is given the city that the installation of the remaining required public improvements will be carried out as provided by plans submitted and approved pursuant to this chapter and in accordance with the city’s design and construction standards, and under the supervision of the city engineer.
1. The amount of the assignment of funds or irrevocable letter of credit or other security shall be 150 percent of the estimated construction cost of all remaining required public improvements, as determined by the applicant and approved by the city engineer. A substantial portion of the remaining required public improvements, subject to the satisfactory security, shall be completed within the initial 12-month period of the satisfactory security for the plat improvements. The remainder of the improvements shall be completed within six months. During construction, the city engineer may allow a partial release of the financial security as construction progresses:
a. The city engineer shall allow not more than one partial release of the financial security during plat construction;
b. The sequencing of the partial release of the financial security is to be determined by the city engineer prior to the acceptance of the security.
2. The city engineer may allow a single incremental six-month extension of the satisfactory security time frame, beyond the initial 18-month period, if there are unforeseen circumstances, beyond the control of the plat developer, that do not allow the completion of the public improvements.
3. As a condition of the plat improvement permitting approval, the developer shall agree that in the case of the developer’s default or failure to complete the improvements as per the approved plans and conditions, including time schedules, the city shall have the authority to complete the construction of public improvements utilizing the above-described satisfactory security.
4. The city engineer may further agree to allow the developer to utilize assignment of funds or irrevocable letter of credit or other security acceptable to the city engineer to cover the minimum warranty period.
B. By the formation of a local improvement district consistent with the provisions of Chapter 3.20 ACC and any other applicable requirement of the city and the state.
C. By actual installation of the required improvements in accordance with the provisions of this chapter, and in accordance with the city’s design and construction standards and under the supervision of the city engineer.
D. By a combination of these methods.
E. For any of the above combinations of methods, other than subsection C of this section, the plat developer shall execute and record against the plat properties a statement approved by the city attorney which holds the city harmless and limits the city’s financial obligation to construct any defaulted private utility facilities and public infrastructure for streets, water utility, sanitary sewer utility, or storm water utility systems to the face value of the bond shall be memorialized on the plat documents. The statement shall also recognize the city’s reserved, unilateral rights to establish the schedule for construction of defaulted plat infrastructure. Such statements shall be legally binding upon the heirs and assigns of the developer, subsequent property owners and their heirs and assigns. (Ord. 6239 § 1, 2009; Ord. 5670 § 1, 2002; Ord. 5093 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.08.010.)
17.14.015 City engineer’s certificate of improvements.
Prior to final approval and after completion of all required improvements and/or the financial guarantee of the construction of all required improvements, the city engineer shall provide a certificate stating the required improvements, in accordance with the provisions of this title and in accordance with city design and construction standards, have been completed or guaranteed or a combination to the satisfaction of the city engineer. (Ord. 6239 § 1, 2009; Ord. 5093 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.08.020.)
17.14.020 Street, utilities and grading plans.
Street, water, sanitary sewer, storm drainage and grading plans shall be prepared in conformance with the city’s design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.020.)
17.14.030 Public water service.
Each lot in a subdivision created under this title shall be served by a public water system owned and operated by the city unless the city finds that:
A. City water service is not practical due to topography, distance from city water facilities of adequate capacity, extreme low proposed developmental density, or similar factor; and
B. Private water service will not be detrimental to the implementation of the adopted comprehensive water plan; and
C. Private water service will not pose a threat to the public health, safety or welfare; and
D. Private water service is necessary to accomplish the purposes of this title.
If private water service is approved, preliminary plat approval shall be conditioned on the ability of the subdivider to obtain all necessary approvals for the private water system or systems, and the final plat shall not be approved until the subdivider demonstrates, to the satisfaction of the city engineer, that the proposed water system or systems will adequately serve the domestic water needs of future owners of property within the subdivision. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.040.)
17.14.040 Public sanitary sewer service.
Each lot in a subdivision created under this title shall be served by the Auburn sanitary sewer system, consistent with the sewer comprehensive plan, unless the city finds that:
A. City sanitary sewer service is not practical due to topography, distance from city sanitary sewer facilities, extreme low proposed developmental density, or similar factor; and
B. On-site sewage disposal systems will not pose a threat to the public health, safety or welfare; and
C. On-site sewage disposal systems are necessary to accomplish the purposes of this title; and
D. The city engineer has reported favorably on the use of on-site sewage disposal systems. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.050.)
17.14.050 Street requirements.
The subdivision shall abut on and/or be served by an open, maintained public street(s) and the street and block layout shall conform to the most advantageous development of adjoining areas, the entire neighborhood, and shall meet the requirements of the city design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.060.)
17.14.060 Block requirements.
A block shall consist of any two or more contiguous lots which are not separated by a street. Blocks shall meet the requirements of the city design and construction standards. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.070.)
17.14.070 Minimum improvement requirements for approval of subdivisions and short subdivisions.
A. Prior to final approval of a subdivision or short subdivision, the following minimum improvements shall be constructed consistent with the approved plans, except that the city engineer may allow posting of a financial guarantee and/or the execution of a delay of improvement agreement, based on a finding that the deferral of the required improvements is in the best interests of the city.
1. Drainage facilities and erosion control measures consistent with the approved plans;
2. Water mains, services, and hydrant installed, operational, and fire flow available, if required, consistent with the approved plans;
3. Underground electrical and telecommunication improvements required for all public or private utilities and public illumination or traffic signal systems, if required, consistent with the approved plans;
4. Sewer facilities installed and operational, if required, consistent with the approved plans;
5. All curbs and gutters installed in all streets within the subdivision or short subdivision consistent with the approved plans;
6. All streets paved up to the final lift of pavement to all lots within the subdivision or short subdivision, consistent with the approved plans;
7. Street name signage installed consistent with the approved plans;
8. Specific site improvements required by the preliminary plat approval ordinance or preliminary short plat approval decision, if the decision requires completion prior to plat recording;
9. Delineation of critical areas that are to remain undeveloped and protected by easement or placement in a separate tract pursuant to ACC Title 16 (Environment);
10. Temporary control monuments set by a land surveyor licensed in the state of Washington, located in conformance with this title, and in place prior to final approval of the subdivision or short subdivision. Permanent monuments and control points shall be set and verified by a land surveyor licensed in the state of Washington within 90 days of the final lift of pavement; and
11. Improvements without which the director determines a safety hazard would exist.
B. The city shall have right of entry onto any lot, tract, easement or parcel that is part of the final plat or short plat to ensure compliance with the minimum subdivision improvements required in subsection A of this section. (Ord. 6239 § 1, 2009.)
17.14.080 Underground utilities.
A. Consistent with ACC Titles 12 and 13 and the city’s design and construction standards, all utility lines serving the subdivision, including but not limited to power, telephone and television cables, shall be installed underground. Adequate easements shall be provided for all such utility lines which will not be located within public right-of-way. Television conduit and miscellaneous hardware shall be installed according to the requirements of Chapter 13.36 ACC.
B. Whenever an intersection of an arterial and any other street is constructed or improved under the requirements of this title, and when the city engineer has determined that traffic signalization of such intersection will be needed in the future, the city engineer may require the installation, at the subdivider’s expense, of underground conduit which will be necessary for and will facilitate such future signalization. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.240.)
17.14.090 Lot requirements.
A. The area, width and depth of lots shall conform to the requirements of ACC Title 18, except for development utilizing cluster subdivision, as provided for in Chapter 17.26 ACC. The area within a panhandle access to a lot shall not be considered for the purpose of determining conformance with lot requirements.
B. The size, shape and orientation of lots shall be appropriate for the location, topography and other natural features of the site and for the type of development contemplated.
C. Every lot shall have a minimum of frontage on an improved public street or private access tract, as provided in ACC Title 18, unless otherwise approved by this title.
D. Corner lots designated for residential uses shall be platted at least five feet wider than required by the zoning ordinance.
E. Every lot shall border on an opened, improved and maintained public street or private access tract. (Ord. 6239 § 1, 2009; Ord. 5542 § 1, 2001; Ord. 5164 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.12.250.)
17.14.100 Parks and playgrounds.
Where dedication of land for park and recreation purposes is required, the hearing examiner shall be guided by the policies and recommended standards of the Auburn parks, recreation, and open space plan. It is the policy of the city to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land or is needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting 50 or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated future development on adjacent or nearby land, will act in a cumulative manner to substantially increase demand for park land, dedication may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the hearing examiner based upon such factors as topography, drainage, natural amenities and access. (Ord. 6239 § 1, 2009; Ord. 6186 § 10, 2008; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.260.)
17.14.110 Floods and flood control.
The city may disapprove a proposed subdivision because of flood, inundation or swamp condition if the city finds that such condition poses a threat to the public health, safety or general welfare or causes a public nuisance.
Where any portion of the proposed subdivision lies within the regulatory floodplain, the hearing examiner shall impose a condition on the preliminary plat requiring the subdivider to conform to the city’s floodplain development requirements as set forth in Chapter 15.68 ACC. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said flood hazard area regulations have been met.
The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. (Ord. 6295 § 7, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 11, 2008; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.270.)
17.14.120 Additional requirements.
The standards and requirements established or referenced by this chapter are minimum requirements. These standards may be increased, and additional requirements may be imposed for the purpose of preventing or abating public nuisances or mitigating identified adverse environmental impacts pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C RCW) as now established or hereafter modified. Such additional requirements may include but shall not be limited to off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. (Ord. 6239 § 1, 2009; Ord. 5164 § 1, 1998; Ord. 4772 § 1, 1995; Ord. 4296 § 2, 1988. Formerly 17.12.280.)