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Title 17
SUBDIVISIONSChapters:
17.04 General Provisions
17.08 Short Plats
17.12 Subdivisions
17.14 Boundary Line Adjustments and Eliminations
17.16 Design Principles and Development Standards
17.20 Liability
Chapter 17.04
GENERAL PROVISIONSSections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Scope.
17.04.040 Exemptions.
17.04.050 Definitions.
17.04.060 Unlawful conveyances of land.
17.04.010 Title.
This chapter shall be known as the subdivision code for the city. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.020 Purpose.
The purpose of this title is to provide rules, regulations, standards and procedures for subdividing land and adjusting boundary lines within the city to ensure:
A. That the highest feasible quality in subdivisions will be obtained;
B. That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected;
C. That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted;
D. That property provisions for all public facilities, including transportation connectivity and circulation, utilities, and service, shall be made;
E. That maximum advantage of site characteristics shall be taken into consideration; and
F. That the process shall be in conformance with provisions set forth in EMC Titles 15, 18, and 19, as well as the comprehensive plan. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.030 Scope.
This title shall apply to the division of land into two or more parcels and to the modification of lot lines between adjoining parcels. Where this chapter imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, or restrictive covenants, the provisions of this chapter shall prevail. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.040 Exemptions.
The provisions of this title do not apply to:
A. Cemeteries and burial plots while used for that purpose;
B. Divisions made by testamentary provisions, or the laws of descent;
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. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.050 Definitions.
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Boundary line (lot line) adjustment” means the adjustment of common property lines between adjacent lots, tracts or parcels in order to correct property line or setback encroachments, resolve boundary line disputes, create better lot design, or improve access. The adjustment shall not create additional lots, nor shall it result in lots that do not meet current zoning requirements, including lot size.
“Boundary line (lot line) elimination” means the consolidation of two or more lots under the same ownership into a single lot by dissolving the intermediate boundary line(s).
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
“Deed” means a legal instrument of public record, typically in the form of a quit claim or warranty deed, that conveys an area of land described by legal description from the grantor to the grantee during a real estate transaction.
“Easement” means a right granted by a property owner to specifically named parties or to the general public for the use of certain areas or strips of land for particular purposes. “Easement” may also refer to the land covered by the rights granted. This may included pedestrian paths, bicycle paths, utility easements, drainage, open space, etc.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with King County and containing all elements and requirements set forth in Chapter 58.17 RCW or as amended or modified by the state.
“Improvements” means and includes, but is not limited to, streets and roads complying with the development standards and specifications adopted by the city; public utility and pedestrian facilities; street lights; landscape features; bridge structures; storm drainage facilities; and traffic control devices as are required to be installed as a part of subdivision or short subdivision approval.
“Legal description” means a description of real property by government survey, metes and bounds, or lot, tract or parcel number.
“Lot” means an area of land described by legal description within an ownership deed. The following lot types have been identified in order to aid in the subdivision process and in the application of zoning and development regulations:
1. “Legal lot,” also referred to as “legal lot of record” means a lot legally created, approved and recorded by the appropriate jurisdiction at the time of creation. A legal lot may be substandard, nonconforming and unbuildable under its current zoning designation or current city development standards.
2. “Conforming buildable lot” means a legal lot (or combination of adjoining legal lots under common ownership) that does not meet minimum lot size requirements, but may be considered buildable if it can meet all other development requirements of the EMC.
3. “Nonconforming buildable lot” means a legal lot (or combination of adjoining lots under common ownership) that does not meet the minimum lot size requirements of the EMC; it may be considered a buildable lot if it can meet all other requirements of the zoning and development regulations, and:
a. Was created prior to 1937 and has historic documentation showing that its ownership has been transferred separately from all adjacent lots, and is separately described by ownership deed as a standalone lot (not combined with other lots), and as of the date of the ordinance codified in this title is under different ownership from that of all adjoining lots.
b. Was created between 1937 and March 7, 1966.
4. “Unbuildable lot” means a lot that cannot be developed on a standalone basis for a variety of reasons, including but not limited to the following: the lot was not legally created; does not meet current zoning and development regulations; was not created with the intent of serving as a building site, or does not have city-approved legal access to a public right-of-way.
Parcel. See “Lot.”
“Plat” means 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 or dedications.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing lots, tracts, streets, and alleys and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall furnish a basis for the approval or disapproval of the general layout of a subdivision.
“Short subdivision,” also known as “short plat,” means the division of land into four or fewer lots, tracts or parcels for the purpose of development, sale or transfer of ownership. Tracts identified for or with the potential for future subdivision shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater detention are not included in the number of lots created.
“Subdivision,” also known as a “long plat,” means the division of land into five or more lots, tracts, or parcels for the purpose of development, sale or transfer of ownership. Tracts identified for or with the potential for future subdivision shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater detention are not included in the number of lots created. (Ord. 2316 § 2 (Exh. A), 2006).
17.04.060 Unlawful conveyances of land.
It is unlawful for any individual, firm, association, syndicate, co-partnership, trust or any other legal entity, as a principal, agent or otherwise, to offer to transfer, sell to or contract to sell, or to sell any subdivision of land or any part thereof in the city, unless and until all the requirements hereinafter provided have been complied with. (Ord. 2316 § 2 (Exh. A), 2006).
Chapter 17.08
SHORT PLATSSections:
17.08.010 Procedure.
17.08.020 Application.
17.08.030 Departmental review.
17.08.040 Decision.
17.08.050 Installation of improvements.
17.08.060 Deferred improvements.
17.08.070 Signing and filing.
17.08.080 Further subdivision.
17.08.090 Short plat map.
17.08.100 Public rights-of-way.
17.08.110 Utilities.
17.08.120 Lots.
17.08.130 Physical constraints.
17.08.010 Procedure.
EMC Title 15 establishes permit procedures, including those for short plats (Type I permits). Any procedures contained in this chapter are additional to those of EMC Title 15. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.020 Application.
The applicant shall submit to the administrator a nonrefundable fee and 10 copies of the application and any required attachments. The application form shall determine the required information, including, but not limited to:
A. Name, address and telephone number of the subdivider and his surveyor;
B. Location by section-township-range, together with the exact legal description of the parcel to be subdivided;
C. Acreage or square footage of area to be subdivided;
D. Proposed method of sewage disposal;
E. Proposed source of water supply;
F. A proposed short plat map prepared by the subdivider or his agent at a scale of one inch representing 50 feet or 100 feet;
G. Title report. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.030 Departmental review.
The administrator shall coordinate review by city departments, each of which shall review the short plat for its areas of expertise. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.040 Decision.
After review by the engineering, planning, and possible other concerned departments, the administrator shall take action on the proposed short plat based on findings as to whether all these development regulations (EMC Titles 15 through 19) are satisfied, including EMC 19.04.060(A) and Chapter 19.02 EMC, Critical Areas. The administrator may require that required buffers, dedications, and other conditions be shown on the face of the plat and incorporated into protective covenants. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.050 Installation of improvements.
After approval the administrator shall notify the subdivider in writing and authorize the subdivider to install all improvements required by this chapter. All improvements shall be installed according to city standards. The subdivider shall obtain all necessary permits and pay all fees and inspection costs. The engineering department shall notify the administrator when all improvements are satisfactorily installed so the subdivider can be notified to file the short plat with King County. See EMC 15.30.060 for permit expiration deadlines. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.060 Deferred improvements.
If the subdivider wishes to defer improvements, and the city agrees, the subdivider shall post an appropriate financial instrument in favor of the city as provided in EMC 17.12.090(B), Deferred improvements. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.070 Signing and filing.
After all improvements are installed, the administrator shall sign the short plat. The applicant shall then file the short plat with the King County department of records and elections for record as a deed. The applicant shall submit for recording two copies of each document. One document will be retained by the county and other shall be returned to the city prior to the issuance of any building permits. The subdivider shall pay all filing fees. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.080 Further subdivision.
Land in a short plat subdivision shall not be further divided in any manner within a period of five years without the filing of a final plat under the provisions of a subdivision as set forth in this title. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.090 Short plat map.
For recording, a short plat survey map shall be prepared by the licensed surveyor and shall be submitted on 18-inch by 24-inch sheet. More than one sheet may be used and the following information must be included, but not limited to:
A. Date, title, name and location of subdivision by section, township and range, graphic scale and true north arrow;
B. The lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numerical order, reservations, easements and any areas to be dedicated to public use, with notes stating their purpose and limitations;
C. Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street, easement line, lot line, boundary line, block line, plat meander lines, dedication and reservation;
D. All dimensions to be to the nearest one hundredth of a foot and angles and bearings and degrees, minutes, and seconds;
E. Lambert coordinates, if provided by the engineering department, for permanent control monuments shall be shown on the final plat as determined by the city engineer’s office;
F. All monuments shall be located as determined by the city engineer’s office and shall be clearly shown on the final plat;
G. The final plat shall be mathematically correct;
H. The final plat shall be accompanied by an approved printed computer plot disclosure or demonstrated mathematical plot disclosure on all lots, streets, alleys and boundaries;
I. A legal description of the land to be subdivided shall be shown on both the title report and short plat. Legal descriptions shall be metes-and-bounds description reflecting within the description ties to all subdivision lines, donation claim lines and/or recorded plat lines;
J. Be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet;
K. Certified surveyors shall place permanent corner monuments at each corner of lot(s). (Ord. 2316 § 2 (Exh. A), 2006).
17.08.100 Public rights-of-way.
The proposed short plat shall be reviewed for adequate ingress and egress to all proposed lots. Extension of streets or access rights from property line to property line of the short subdivision land may be required in order that such street access may be extended in the future. If there is other reasonable access available, the city engineer may limit the location of direct access to city arterials or other city streets. A right-of-way which is proposed to be dedicated to the city shall not be so dedicated, unless it meets city standards. When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the face of the short plat.
A. Private Streets Prohibited. Private streets and access easements are prohibited.
B. Dimensions. Streets serving one or two lots shall have a minimum width of 22 feet and a maximum length of 200 feet. Streets serving three or four lots shall have a minimum width of 30 feet and a maximum length of 300 feet. However, for large parcels where the proposed short plat would be the first phase of development or an existing street is being extended, then a wider public right-of-way shall be required.
C. Street Improvements. All streets dedicated as required in this title shall be improved with a permanent street as approved by the city engineering department. Improvements shall include, but not be limited to, base course, permanent hard surface and drainage control as approved by the city engineer. Public rights-of-way 22 feet wide shall consist of curbs on both sides of the street and 20 feet of paving. Public rights-of-way 30 feet wide shall consist of a five-foot sidewalk, curbs and a 24-foot street. In short plats where the resultant lots are two acres or more, plat improvements may be deferred until the development of the individual short platted lots occur. If any of the resultant lots are less than two acres in area, plat improvements will have to be installed or local improvement district agreement executed for the plat improvements pursuant to EMC 12.18.056.
D. Existing Streets. The city shall require additional right-of-way and improvements for existing streets to improve the right-of-way to city standards in accordance with the requirements and criteria of Chapter 12.18 EMC.
E. Signs. All traffic, street name and other signs shall be installed by the subdivider to city standards. Dead-end streets serving more than one lot shall be posted “No Parking – Fire Lane.” (Ord. 2316 § 2 (Exh. A), 2006).
17.08.110 Utilities.
Water mains, fire hydrants, street lights and sanitary sewers are to be installed by the subdivider according to city standards.
A. Septic Tanks. The city engineer may waive the requirement of sanitary sewers on lots of one acre or more provided such lot has acceptable percolation capabilities.
B. Underground Wiring. Underground wiring shall be provided at the expense of the subdivider in accordance with the serving utility’s current standards and specifications. This shall include but not be limited to those of electricity, communications, etc. Upon proper application the city engineer may waive this requirement for good cause, which may include, but is not limited to, proximity to source, however underground wiring shall be accomplished when available in the future.
C. Drainage. The proposed short plat shall be reviewed for adequate drainage facilities. Requirements for any future necessary facilities which may depend upon the use of the land shall be stated on the face of the short plat. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.120 Lots.
All lots shall comply with the minimum requirements of the underlying zone. Every subdivided lot shall be served from a public dedicated street or panhandle access. No more than one panhandle access shall be permitted in a short plat.
A. Panhandle Access. Up to two lots within a short subdivision may be permitted with panhandle accesses; provided, each panhandle has a minimum width of 20 feet and a maximum length of 200 feet and has no more than one lot. The area in the panhandle shall not be included in the calculation of the lot area. There shall be at least a 10-foot-wide driveway of permanent paving approved by the city engineer the length of the panhandle. Any land in the panhandle that is not paved shall be landscaped when the lot is developed.
B. Feasibility for Building Sites. Areas which are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions or mudslides shall be noted on the face of the short plat.
C. Additional Setbacks. Additional setbacks shall be required when any lot of a proposed subdivision fronts on:
1. A street or road with less than a 60-foot right-of-way that may be widened to 60 feet at some future time;
2. For future road or street, where necessary to mitigate the problems caused exclusively by the subdivision;
3. The road is proposed as a principal or minor arterial by the comprehensive plan. (Ord. 2316 § 2 (Exh. A), 2006).
17.08.130 Physical constraints.
A. Natural Element Retention. Due regard shall be shown for preservation of outstanding natural or cultural features such as scenic spots, watercourses, historic sites, etc.
B. Potential Hazardous Conditions. For the areas which have been identified by the administrator as having potentially hazardous geological conditions, soils limitations, or slopes equal to or greater than 15 percent, a detailed soils engineering report will be required prior to the approval of any subdivision. Special consideration for grading, fills or excavations shall be in accordance with the International Building Code, Appendix J, current edition, as adopted by the city.
C. Tree Preservation. Landscaping, planting or tree cutting plans shall be prepared by a landscape architect and submitted to the administrator prior to the approval on slopes 15 percent or steeper. In addition, tree cutting plans for all developments shall be required indicating trees over six inches in caliper and indicating which will be cut and which will remain.
D. Water Retention Basins. The use of water retention basins to minimize surface runoff or erosion damage potential may be required.
E. Water Bodies. All subdivisions bordering publicly owned or controlled bodies of water shall maintain a minimum of 15 feet, or 15 percent of the total average dry land lot depth, whichever is greater, as open space between any structure and the line of ordinary high water of all such water bodies.
F. Five-Acre Plats. In all informal subdivisions encompassing an area of five acres or more, the approval of the United States Department of Agriculture Soil Conservation Service must be obtained to assure that soil erosion will be held to a minimum. (This includes the removal of trees, grading, excavation, and land fill.)
G. Critical Areas. Final application shall include information necessary for the administrator to determine whether all conditions of the critical areas ordinance have been satisfied. (Ord. 2316 § 2 (Exh. A), 2006).
Chapter 17.12
SUBDIVISIONSSections:
17.12.010 Procedure.
17.12.020 Preapplication.
17.12.030 Application.
17.12.040 Preliminary plat map.
17.12.050 Departmental review.
17.12.060 Notification of public agencies.
17.12.070 Additional considerations.
17.12.080 Minimum improvements.
17.12.090 Development in stages.
17.12.100 Final plat.
17.12.010 Procedure.
EMC Title 15 establishes permit procedures, including those for preliminary plats (Type V permits) and final plats (Type I permits). Any procedures contained in this chapter are additional to those of EMC Title 15. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.020 Preapplication.
To facilitate the preapplication conference, the administrator may require conceptual layouts. These need not be prepared by a registered land surveyor or engineer, and the scale and information need not be precise. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.030 Application.
The applicant shall submit to the administrator a nonrefundable fee and 10 copies of the application and any required attachments, plus one reproducible version of the plat map. The application form shall determine the required information, including, but not limited to:
A. Vicinity sketch at a scale of not less than 800 feet to the inch, showing all adjacent subdivisions, streets, major structures, watercourses, drainage ways and other pertinent data;
B. Preliminary plat map;
C. Eight and one-half-inch by 11-inch or 11-inch by 17-inch reductions of the plat and vicinity maps. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.040 Preliminary plat map.
The preliminary plat shall be prepared by a professional engineer or professional land surveyor as defined in RCW 18.43.020, be 18 by 24 inches with a three-inch border on the left side, and contain:
A. The name of the preliminary plat;
B. The names, addresses and telephone numbers of the subdivider and surveyor or engineer;
C. The names and addresses of the owners of record of property within 300 feet of the proposed subdivision;
D. The boundary lines, accurate to scale, of the tract to be subdivided;
E. The location, width and names of all existing or platted streets or other public ways within or adjacent to the proposed development and other important features, such as permanent buildings, watercourses (manmade or natural), major power transmission lines, railroads and section lines;
F. Existing contours (shown solid) and proposed contours (shown dotted) at intervals of five feet or referenced to the United States Coast and Geodetic Survey datum. (King County aerial survey elevations may be shown as the datum plane.) Contours are to extend 100 feet beyond the plat;
G. The tentative profiles and grades of each proposed street;
H. All parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners of the plat, with the purpose, conditions or limitations of such reservations clearly indicated;
I. The date, scale and the north arrow and meridian;
J. The source of water supply;
K. The method of sewage disposal;
L. The land use zoning classification present and proposed;
M. All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public open spaces, permanent buildings and structures, and section and municipal corporation lines within or adjacent to the tract shall be shown. In the case of a replat, the lots, blocks, streets, alleys, easements, parks of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat; the new plat being clearly shown in solid lines so as to avoid ambiguity. Existing sewers and water lines, culverts, or other underground facilities within the tract indicating pipe sizes, grades and exact location as obtained from public records shall be shown. Boundary lines of adjacent tracts of unsubdivided and subdivided land showing owners shall be indicated by dotted lines for a distance of 300 feet;
N. Existing zoning of the proposed subdivision and adjacent tracts shall be shown;
O. All natural drainageways and watercourses;
P. Proposed restrictive covenants, which shall not be in conflict with the zoning ordinance;
Q. Number of lots, the number of lots per acre, acreage and amount of land in public right-of-way;
R. Lots shall be numbered consecutively from one to the total number of lots in the proposed plat, and the total square feet in each lot shall be shown;
S. Proposed utility services shall be noted upon the face of the preliminary plat and/or shown upon the plat layout in such a manner that clearly indicates the distribution of each utility system and the connections to existing systems;
T. Legal description of the land in the proposed plat;
U. The identification of critical areas. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.050 Departmental review.
The administrator shall coordinate review by city departments, each of which shall review the preliminary plat for its areas of expertise. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.060 Notification of public agencies.
In addition to other required recipients, the administrator shall send copies of notices pertaining to the preliminary plat to:
A. King County when the plat is located contiguous to the city limits;
B. Any city within one mile of the plat; and
C. The Washington State Department of Transportation when the plat is located adjacent to a state highway or within two miles of a state or municipal airport. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.070 Additional considerations.
A. Public Use and Interest. The planning commission and city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision. It shall determine if appropriate provisions are made in the subdivision for, but not limited to, public health, safety and general welfare and for such open space, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, 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, and shall consider all relevant facts to determine whether the public use and interest will be served by the subdivision and dedication. If the plat provides for the above-mentioned, and conforms to all these development regulations (EMC Titles 15 through 19), then it shall be approved. Dedication of land to any public agency shall be clearly shown on the final plat.
B. Storm Waters and Flood Control. The planning commission and city council shall consider the physical characteristics of a proposed subdivision site, and may disapprove a proposed plat because of flood inundation or swamp conditions.
C. Natural Element Retention. Due regard shall be shown for preservation of outstanding natural or cultural features such as scenic spots, watercourses, historic sites, etc.
D. Hazardous Geological Conditions. In areas with slopes equal to or greater than 15 percent, a detailed soils engineering report will be required prior to the approval of any preliminary plat. Special consideration for grading, fills or excavations shall be made by the planning commission and shall be in accordance with the International Building Code, Appendix J.
E. Tree Cutting Plan. Landscaping, planting or tree cutting plans shall be prepared by a landscape architect and submitted to the administrator prior to the approval on slopes 15 percent or steeper. In addition, tree cutting plans shall be required for developments in which trees over six inches in caliper are to be cut.
F. Water Retention Basins. The use of water retention basins to minimize surface runoff or erosion damage potential may be required.
G. Land Adjacent to Public Waters. When subdivisions are proposed in a shoreline area, open space may be provided to and along the water’s edge with provision for access from a public right-of-way or other adjoining public land, if necessary to mitigate adverse impacts caused by the subdivision.
H. School and Park Sites. Where a proposed school or park site lies within a proposed subdivision as indicated in the comprehensive plan, or other plans or policies, the site may be required to be reserved or dedicated by the subdivider. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.080 Minimum improvements.
After the city council has approved the preliminary plat the subdivider is authorized to install the minimum improvements with the assurance that the final plat will be approved; provided, that the final plat conforms with the approved preliminary plat; provided, further, that the minimum improvements have been installed in accordance with current city specifications for all required improvements as set forth in Chapter 17.16 EMC and under the supervision of and with the approval of the city engineer and any conditions have been complied with. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.090 Development in stages.
The subdivider may develop the subdivision in stages, completing one division of his development before undertaking another. Prior to the administrator officially accepting a final plat application for a division of a preliminary plat, the city engineer may require that improvements be extended beyond the division to assure the orderly and complete development of the plat or the development of contiguous property. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.100 Final plat.
A. City Engineer Certification. After completion of all improvements, the city engineer will submit a certificate to the administrator stating the required improvements in accordance with the provisions contained in this title, and in accordance with city standards and specifications. The administrator shall transmit a copy of such certificate to the subdivider, together with a notice advising him to prepare a final plat.
B. Deferred Improvements. No final plat shall be submitted to the administrator or accepted by the city council until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a financial instrument has been satisfactorily posted for deferred improvements. Financial instruments shall include, but are not limited to, letters of credit from a reputable bank and certified or cashier checks made payable to the city.
1. Financial Instrument. If a subdivider wishes to defer certain on-site improvements, written application shall be made to the city engineer stating the reasons why the delay is necessary. Upon approval, the subdivider shall furnish a financial instrument to the city in the amount equal to a minimum of 150 percent of the estimated cost of the required improvements. The decision of the city engineer as to amount shall be conclusive.
2. Time Limit. The instrument shall list the exact work that shall be performed by the subdivider and shall specify that all of the deferred improvements be completed within the time established by the city engineer; and if no time is established, then not later than one year after approval of the final plat by the city council. The maximum time limit to defer improvements shall be two years after the approval of the final plat by the city council. The instrument shall be held by the city clerk.
3. Proceed Against Instrument. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such instrument without notice to the subdivider. In case of any suit or action to enforce any provisions of this title, the developer shall pay unto the city all costs incidental to such litigation including reasonable attorneys’ fees.
4. Binding Upon Subdivider. The requirement of the posting of any performance instrument or other security shall be binding on the subdivider, his heirs, successors and assigns.
5. Notification to Administrator. The city engineer shall notify the administrator in writing of the pertinent facts regarding deferred improvements.
C. Final Plat Submission. The map of the final plat consisting of the original and eight copies, on eight-and-one-half-inch by 11-inch reduction and transparency of the original, a nonrefundable fee, together with street profiles and other plans and documents as may be required by the administrator, shall be submitted to the administrator. All inspection and plan check fees shall be paid to the engineering department.
D. Plat Map Contents. The final plat shall be drawn to scale of not less than one inch representing 100 feet unless otherwise approved by the city engineer, 18 by 24 inches in size, and allowing a three-inch border on the left side. If more than one sheet is required, each sheet, including the index sheet, shall be the above specified size. The index sheet shall show the entire plat with street and highway names and blocks. The original shall contain the following:
1. Date, title, name and location of subdivision by section, township and range, graphic scale, and true north arrow;
2. The lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations;
3. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line, block line, plat meander lines, dedication and reservation;
4. All dimensions to the nearest one-hundredth of a foot and angles and bearings in degrees, minutes, and seconds;
5. Lambert coordinates, if provided by the engineering department, for permanent control monuments shall be shown on the final plat as determined by the city engineer’s office;
6. All monuments shall be located as determined by the city engineer’s office and shall be clearly shown on the final plat;
7. The final plat shall be mathematically correct;
8. The final plat shall be accompanied by an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries;
9. A legal description of the land to be subdivided shall be shown on both the title report and final plat. Legal description shall be metes-and-bounds description reflecting within the description ties to all subdivision lines, donation claim lines, and/or recorded plat lines;
10. Be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet.
E. Final Plat Certificates. In addition to other requirements as specified in this section, the final plat shall contain or be accompanied by the following:
1. Certification that the applicant is the land owner;
2. Certification showing that streets, rights-of-way and all sites for public use have been dedicated;
3. Certification by a licensed land surveyor that survey has been made and that monuments and stakes have been set, and the location and description of all monuments;
4. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable;
5. Certification by the engineering department that the subdivider has complied with either of the following:
a. All improvements have been installed in accordance with the requirements of these regulations, or
b. Certain improvements have been deferred according to subsection B of this section, Deferred Improvements;
6. The subdivider shall furnish the city a plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. The certificate shall be dated within 45 days prior to the granting of the final plat by the city council;
7. Certification by the King County finance department that taxes have been paid in accordance with Section 1, Chapter 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the King County finance department in sufficient amount to pay the taxes for the following year;
8. Certification by the city treasurer that there are no delinquent special assessments and that all special assessments certified to the city treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full;
9. Bills of sale, including costs, for all utilities installed in conjunction with the plat;
10. Certification of approval to be signed by the city engineer and the planning administrator;
11. Certification of approval to be signed by the mayor and attested by the city clerk;
12. Copies of any restrictive covenants as may be used in the subdivision.
F. Reserve Strips. The subdivider shall deed by separate reservation to the city appropriate reserve strips one foot or more in width which will not permit public access at the ends of platted streets which abut upon unplatted properties and reserve strips parallel to the centerline of border or boundary half and dead-end streets where such abut upon undeveloped or unsubdivided lands and for which no parallel dedicated public access is provided. The purpose of this provision is to discourage the construction of structures by not permitting access to public streets from unsubdivided land.
G. Performance Bonds. The city shall require a bond or equivalent instrument of assurance to guarantee that the subdivider shall correct any defect in a subdivision caused by faulty design or construction. The bond shall be for a minimum of one year and a minimum of 10 percent of the construction cost of the subdivision as determined by the city engineer.
H. As-Built Plans. Street profiles and cross-sections shall be prepared on standard plan and profile paper and shall indicate the location and sizes of catchbasins, culverts, drainage and drainage retention structures, water distribution system, sewage collection system, and shall be submitted for the approval of the city engineer.
I. Referral to Other Departments and Agencies. The administrator shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, utility agencies and other governmental agencies deemed necessary.
J. Approval and Filing. Before the final plat is submitted to the city council, it shall be signed by the city engineer and administrator. After the final plat is approved by the city council, it shall be signed by the mayor and the city clerk. The final plat shall be filed with the King County department of records and elections by the subdivider. The original of the plat shall be filed for record with the King County department of records and elections and returned for permanent filing with the city. Ten paper copies of the recorded original plat shall be furnished the city. One paper copy shall be filed with the King County assessor.
K. Plat Engineer Not to Act for City. An engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall not examine and approve such plats on behalf of the city. (Ord. 2316 § 2 (Exh. A), 2006).
Chapter 17.14
BOUNDARY LINE ADJUSTMENTS AND ELIMINATIONSSections:
17.14.010 Purpose and scope.
17.14.020 Procedure.
17.14.030 Preliminary consultation with staff.
17.14.040 Application and review procedures.
17.14.050 Survey map.
17.14.060 Approval criteria – Boundary line adjustment.
17.14.065 Approval criteria – Boundary line elimination.
17.14.070 Recording.
17.14.010 Purpose and scope.
The purpose of a boundary (lot) line adjustment is to allow for the modification of common property lines between adjacent lots, tracts, or parcels in order to resolve boundary disputes, correct property line or setback encroachments, create better lot design, improve access, or accommodate a minor transfer of land. The purpose of a boundary (lot) line elimination is to dissolve intermediate boundary lines between two or more lots under the same ownership, typically to prevent buildings from being constructed on top of the lot line. The adjustment or elimination process shall not create any additional lots, tracts, or parcels, nor shall it create a buildable lot from a parcel not originally intended to be buildable (i.e., special tracts, slivers, etc.). All resulting lots, tracts or parcels shall contain sufficient area and dimension to meet minimum current requirements for zoning and building purposes. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.020 Procedure.
EMC Title 15 establishes permit procedures, including those for boundary line adjustments (Type I permits). Any procedures contained in this chapter are additional to those of EMC Title 15. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.030 Preliminary consultation with staff.
It is recommended that any person desiring to change the location of a lot line first consult with the community development department, and then provide materials for an informal staff review of the proposal prior to submitting the formal application. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.040 Application and review procedures.
Lot line adjustment and elimination applications shall consist of the completed application form, evidence of separate lot creation, title certificates, information on other related permits, two paper copies of the survey map, and a nonrefundable fee. The community development and public works departments will review the submittal in accordance with EMC Title 15 and will require corrections as necessary. Once all required corrections are complete, the city will request that a final mylar survey map be provided for signatures of approval. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.050 Survey map.
The required survey map shall be prepared by a professional land surveyor licensed in the state of Washington. The map shall be prepared in accordance with the survey and recording requirements of Chapter 58.09 RCW and Chapter 332-130 WAC or as amended, and must conform to the Survey Recording Act. The final recording mylar originals shall measure 18 inches by 24 inches in a landscape orientation, and shall have a two-inch margin on the left and one-half-inch margins on the remaining sides. The survey map shall contain all the information required by WAC 332-130-050, and shall be drawn to an appropriate engineering scale (i.e., one inch equals 10 feet; one inch equals 20 feet, etc.) with a north arrow, bar scale, and basis of bearings identified, and shall include the following information:
A. Property line codes: thin dashed for existing and bold solid for proposed. (Right-of-way lines should be a thicker bold line than interior bold lines.)
B. Bearings and distances of all existing and proposed lot lines.
C. Adjacent street names and locations.
D. Existing encumbrances, easements, or restrictions (see title report).
E. Existing structures and distances to property lines.
F. Existing wells, septic tanks and/or drain fields; and distances to property lines.
G. Identify parcels as Lot A, Lot B, etc., so they match proposed legal descriptions.
H. Lot area (square feet) of proposed lots.
I. Significant topographic features such as cliffs, ravines, creeks, rivers, and swamps.
J. If the property is within the jurisdiction of the Shoreline Management Act, the map page should also include:
1. Location of water body and ordinary high water mark (OHWM). On rivers and streams, indicate top of bank (OHWM), floodway, and 100-year floodplain.
2. Location of any improvements (bulkheads, docks, etc.).
3. Shoreline environmental designation, i.e., urban, rural, conservancy or natural.
K. Building setback envelopes (for proposed lots): thin dashed line.
L. Legal descriptions for all existing and proposed parcels.
M. For lot line eliminations only, restrictive covenant language as provided by the city engineering division. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.060 Approval criteria – Boundary line adjustment.
The city may approve an application, provided the following criteria are met:
A. Per RCW 58.17.04(6), the lot line adjustment shall not result in the creation of any additional tract, lot, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
B. The property being transferred within the lot line adjustment shall be combined with the benefiting parcel;
C. The lots, tracts, or parcels resulting after the lot line adjustment shall meet all dimensional requirements specified for the applicable zone as outlined in EMC Title 18;
D. All lots modified by the lot line adjustment procedures shall have legal access meeting the standards of the city of Enumclaw;
E. The lot line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, or short plat;
F. All lot line adjustments shall be recorded surveys consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC or as amended. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.065 Approval criteria – Boundary line elimination.*
A. The lot line elimination shall not violate an applicable requirement or condition of a previous land use action, subdivision, or short plat;
B. The lot line elimination shall be a recorded survey consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC.
C. The lot line elimination shall include restrictive covenant language as provided by the city engineering division. (Ord. 2316 § 2 (Exh. A), 2006).
*Code reviser’s note: Ord. 2316 added this section as 17.14.060. It has been editorially renumbered to avoid duplication of numbering.
17.14.070 Recording.
The boundary line adjustment does not become effective until it and the appropriate deeds are recorded with the King County office of records and elections. It is the responsibility of the applicant to deliver the city-approved mylar, other required documents, and appropriate county-required fees to King County for recording. The applicant shall also be responsible for returning a copy of the recorded documents to the city. Please note that the recording of a boundary line adjustment does not constitute a transfer of title. If the title to an area of land is changing ownership, separate deeds to this effect must be recorded with the King County department of assessment. (Ord. 2316 § 2 (Exh. A), 2006).
Chapter 17.16
DESIGN PRINCIPLES AND DEVELOPMENT STANDARDSSections:
17.16.010 Standards and specifications.
17.16.020 Inspection, approval and fees.
17.16.030 Required improvements.
17.16.040 Repealed.
17.16.050 Mitigation of impact of development on park and recreation facilities.
17.16.060 Large tracts or parcels.
17.16.070 Conformity to comprehensive plan.
17.16.080 Permits.
17.16.090 Monuments.
17.16.100 General design criteria.
17.16.110 Streets.
17.16.120 Planting strips.
17.16.130 Curbs and gutters.
17.16.140 Sidewalks, pedestrian walkways, urban trails.
17.16.150 Installation of utilities.
17.16.160 Street lighting.
17.16.170 Underground utilities.
17.16.180 Sanitary sewers.
17.16.190 Storm drainage.
17.16.200 Water system.
17.16.210 Easements for utilities.
17.16.220 Blocks.
17.16.230 Lots.
17.16.240 Flooding and geological hazard.
17.16.010 Standards and specifications.
The adopted standard specifications for municipal public works construction prepared by the Washington State Chapter of the American Public Works Association, Year 2000 Edition, shall be hereinafter referred to as the “standards” and the standards, together with the laws of the state and the ordinances of the city, so far as applicable, shall apply except as amended or superseded. The amendments to the above code are hereby adopted by reference. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.020 Inspection, approval and fees.
The engineering department shall be responsible for the plan check supervision, inspection and acceptance of all subdivision improvements and shall charge the subdivider in the amount of the hourly cost to the city. The hourly cost shall include the wages of the inspector and the city’s cost for fringe benefits calculated on an hourly basis. Developer shall provide an engineer at the site to monitor all improvements and to certify to the city that construction has been completed according to plans and specifications and that it meets all applicable codes and standards of the engineering profession.
A. Plan Requirements for Minimum Improvement. Prior to the construction of any minimum improvements, as approved upon the preliminary plat, the subdivider shall furnish certain construction plans as follows:
1. Plans for improvements shall be prepared by a registered civil engineer and shall be in accordance with city standards. The plans shall be at a horizontal scale of one inch representing 50 feet and the vertical scale at one inch representing five feet or one inch represents two feet as approved by the city engineer. The plans shall show all existing and proposed topography, utilities, grades, subdivision lines, rights-of-way and all other features required by the city engineer. A minimum of the below shall be submitted as determined by the city engineer:
a. Plan-profile map for streets and drainage;
b. Plan-profile map for sanitary sewers;
c. Plan map for water system.
2. The plan maps, plan-profile maps and specifications shall be submitted to and approved and signed thereon by the city engineer prior to proceeding with the proposed improvements. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.030 Required improvements.
The following tangible improvements shall be installed in accordance with specifications and standards approved by the engineering department before a final plat is submitted: graded and paved streets and alleys, curbs and gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains, and street name and traffic signs, together with all appurtenances thereto. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.040 Mitigation of impact of development on schools.
Repealed by Ord. 1978. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.050 Mitigation of impact of development on park and recreation facilities.
A. Use of Fund Authorized. The city may require a subdivider to contribute to an environmental impact mitigation fund administered by the city to pay the reasonable cost of achievable measures for mitigating the adverse environmental impact of said subdivision remaining after he has complied with all local, state, and federal regulations pertaining to this project. The requirement of paying the fund may be imposed as a condition of preliminary plat approval. Where payment is required, payment must be delivered to the city prior to final plat approval. The city shall expend the payment to mitigate the environmental impact for which the funds were exacted. If the funds cannot reasonably be applied within six years to mitigate the impact for which the funds were collected, then the funds shall be refunded to the subdivider.
B. Environmental Impact Mitigation Fund is Necessary for Parks and Recreation. The city finds that, among other impacts, the development of land for single-family or multifamily residential purposes imposes an adverse environmental impact upon the park and recreation facilities serving Enumclaw by adding population. The city finds that the subdivider should help to mitigate this environmental impact by dedicating land or paying into an environmental impact mitigation fund dedicated to purchasing or improving park and recreational facilities.
C. Environmental Impact Mitigation Fees Established.
1. The subdivider shall dedicate to the city, or provide fees in lieu, based on a rate of two acres per 1,000 ultimate residents. This requirement may be imposed as a condition of preliminary plat approval. The following formula shall be used to determine the amount of park land to be dedicated: [2.0 x (no. units) x (persons/unit)] / 1,000 = acres to be dedicated.
2. Payment in lieu of land provision where, with respect to a particular subdivision, the dedication of land does not meet the criteria listed below, the city shall require the subdivider to deposit a cash payment or letter of credit. These funds shall be deposited into an environmental impact mitigation fund dedicated to provide land or improvements for park and recreation facilities. Payment shall be required prior to final plat approval. All fees collected shall be used for the acquisition and/or improvement of neighborhood parks which will serve the subdivision.
3. Payment in lieu of land criteria may be required by the administrator under the following conditions:
a. Area to be dedicated is under five acres in size; or
b. Inaccessible or unusable due to topography or drainage; or
c. Is not centrally located to existing or anticipated subdivisions; or
d. The proposed subdivision would be adequately served by existing park land.
4. Determination of payment shall be determined by the fair market value of the land to be subdivided by a certified appraiser. The subdivider shall provide proof of the fair market value by providing a signed letter of a certified appraiser. If the city determines that said value is inaccurate the city shall provide certified appraisals from three separate appraisers and shall use the figure that falls between the high and low estimate. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.060 Large tracts or parcels.
When land is subdivided into larger parcels than ordinary lots or blocks, such parcels shall be arranged so as to allow for the opening of future streets and logical further subdivisions. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.070 Conformity to comprehensive plan.
A. The proposed subdivision shall conform to the policies reflected by the comprehensive plan and shall provide for such requirements as are contained in the implementation of the plan in part by the zoning and subdivision ordinances.
B. The subdivider shall make available for public acquisition such lands in the area to be subdivided as may, under the policies reflected by the comprehensive plan or as implied in part by the zoning and subdivision ordinances, be desirable or are designated for parks, playgrounds, public buildings, etc.
C. Natural features such as trees, ridgelines, hilltops, and views shall be preserved and kept in a natural state to the maximum extent possible.
D. A drainage easement, parallel to, and measured in terms of the centerline of all minor and major watercourses shall be required. In the determination of the dimension of such easements and the classification of watercourses the planning commission and staff shall be guided by the comprehensive drainage plan. Any disturbance of the natural state or construction in the designated easement will not be allowed unless approval is received from the planning commission, concurrent with the approval of the subdivision. In all cases, the bank of the watercourse shall be preserved in as natural a state as is practical.
E. In all subdivisions encompassing an area of five acres or more, the approval of the United States Department of Agriculture Soil Conservation Service must be obtained to assure that soil erosion will be held to a minimum. This includes the removal of trees, grading, excavation and land fill. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.080 Permits.
Prior to proceeding with subdivision improvements, the subdivider shall make application for such permits from the city as are necessary. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.090 Monuments.
Concrete monuments shall be set at all corners of the subdivision, at all points where the street lines intersect the exterior boundaries of the subdivision, at angle points and points of curve in each street, and at all street intersections. All surveys shall be of second degree accuracy. The use of state plan coordinates is encouraged. All other lot corners shall be marked with a permanent suitable metal marker not less than three-eighths-inch in diameter and 24 inches long and driven flush with the finished grade. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.100 General design criteria.
Streets, blocks, and lots shall conform to the most advantageous development of contiguous area and neighborhoods and shall provide for the following:
A. Continuity of appropriate streets;
B. Streets intersect at right angles or as nearly so as possible;
C. Streets continuing to boundaries of the tract;
D. All alleys shall be provided with a parallel service street or with approval of the city engineer such other medium of access as may be appropriate to the conditions;
E. Where railroads are involved, provisions of grade separation, buffer strips and other protective treatment shall be required to the extent and type practicable. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.110 Streets.
A. Widths. See EMC 12.18.057.
B. Comprehensive Plan. Where the comprehensive plan, including the circulation element thereof, and/or the six-year arterial street improvement program indicates the necessity of new or additional right-of-way, either in regard to right-of-way width or length, whether such need of additional right-of-way appears within a new subdivision or replat, or along the boundaries of a new subdivision or replat, such required right-of-way or portion thereof belonging to the subdivider shall be dedicated to the city by the filing of such plat or replat.
C. Clearing and Grading. All streets, roads and alleys shall be graded to their full width so that pavement and sidewalks can be constructed on the same plane. Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable materials and all trees not intended for preservation.
D. Roadway Surfacing. After preparation of the subgrade, the road bed shall be surfaced with material required by city standards.
E. Relation to Adjoining Street System. The street system shall extend existing streets at the same or greater width, but in no case less than the required minimum width.
F. Arterials, Intersections. Streets intersecting with existing or proposed public highways, principal and community arterials as shown on the comprehensive plan shall be held to a minimum, subject to review and approval by the engineering department.
G. Maximum Grades.
1. Principal arterials, seven percent;
2. All other streets, alleys, etc., the maximum grades shall not exceed 10 percent, unless otherwise approved by the city engineer;
3. Grades of pedestrian ways or crosswalks shall not be more than 15 percent;
4. All vertically aligned profile grade changes shall be connected with a vertical curve which shall have a minimum sight distance of 1,000 feet on principal arterials, 500 feet on minor arterials, and 300 feet on all other streets.
H. Minimum Curve Radii.
1. Principal and minor arterials, 200 feet;
2. All other streets, alleys and service drives, 100 feet.
I. Minimum Tangent Distances Between Curves.
1. Principal and minor arterials, 200 feet;
2. All other streets, alleys and service drives, 100 feet.
J. Intersections. At street intersections, property line corners shall be rounded by an arc, the minimum radii of which shall be 20 feet. In business districts, a chord may be substituted for such arc which shall be approved by the city engineer.
K. Street Intersection Offset. Street jobs with centerline offsets of less than 200 feet shall not be allowed.
L. Cul-de-Sacs. Cul-de-sacs should be avoided but may be permitted; provided, that it can be demonstrated that development of a through street is not practical given the constraints of natural features or existing plats and development; and provided, they do not exceed 500 feet in length, which length the administrator can waive if the street is expected to eventually be extended so as to no longer be a dead end. Residential cul-de-sacs shall not have a right-of-way radius less than 75 feet.
1. The planning commission and public safety officials may approve a T- or Y-shaped paved area in lieu of a cul-de-sac.
2. The length of a cul-de-sac shall be measured along the centerline of the street from the public right-of-way of the street intersection to the center of the cul-de-sac.
M. Horizontal Curves. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced, subject to review and approval by the engineering department. On streets 60 feet or more in width, the centerline radius of curvature shall be not less than 300 feet; on other streets, not less than 100 feet.
N. Signs. All traffic control, street name and regulatory signs shall be supplied and installed by the developer to city specifications.
O. Access to Water. In all subdivisions bordering publicly owned or controlled bodies of water there shall be provided one or more dedicated rights-of-way to the low water mark, such rights-of-way having a minimum width of 60 feet and capable of being improved in accordance with this title.
P. Two Places of Access. Each subdivision shall have at least two places of access, except for those subdivisions in which the only dedicated street is a cul-de-sac.
Q. Full Width Streets. All streets shall be platted at full width, and no boundary streets at less than full width shall be allowed unless required to provide right-of-way for streets and arterials designated by the official plan.
R. Increased Right-of-Way Requirements in Commercial Districts. The city may require that street widths in commercial areas be increased to provide for traffic movement and to reduce or eliminate traffic congestion.
S. Private Streets and Reserve Strips. There shall be no private streets in any subdivision, and every lot and block shall be served from a publicly dedicated street. There shall be no privately held or owned reserve strips paralleling or terminating street ends or otherwise controlling access to streets. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.120 Planting strips.
Planting strips in residential subdivisions shall be located between the curb and sidewalk. Planting strips in commercial and industrial subdivisions shall be located contiguous to the property line. Only utilities installed in the planting strip shall be at a depth and in position to allow the planting of trees. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.130 Curbs and gutters.
The subdivider shall provide permanent concrete curbs and concrete gutters according to the city standards. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.140 Sidewalks, pedestrian walkways, urban trails.
A. Sidewalk Location. Concrete sidewalks shall be installed by the subdivider on both sides of street. Sidewalks shall be located on the public right-of-way contiguous to the property line to prevent interference or encroachment by fencing, wall, hedges or other planting or structures in residential subdivisions and along the curb in commercial and industrial subdivisions. Where a subdivision abuts existing roads, sidewalks or walkways will be required to be installed in or adjacent to the abutting right-of-way.
B. Continuity and Safety. Additional sidewalks, pedestrian ways, or urban trails shall be installed to provide continuity between systems of sidewalks, pedestrian ways or urban trails already installed or provided for in the same subdivision or adjacent subdivisions. In any situation where the public interest or a potential safety hazard exists, the planning commission may recommend sidewalks be installed.
C. Alternatives. Off-street walkway systems and urban trails may be considered by the planning commission in lieu of sidewalks required by this section. Easements may be required for pedestrian ways along watercourses or other suitable areas necessary for the implementation of major trail systems.
D. Minimum Widths. The minimum sidewalk and trail widths shall be:
Neighborhood street:
5 feet
Collector arterial:
5 feet
Minor arterial:
6 feet
Principal arterial:
6 feet
Adjacent designated trails:
6 feet (8 feet is desirable) (to be reviewed and recommendation given by park board)
(Ord. 2316 § 2 (Exh. A), 2006).
17.16.150 Installation of utilities.
After grading is completed and approved and before any base is applied all of the underground utilities and all service connections shall be installed, completed and approved throughout the length of the road and across the flat section according to city standards. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.160 Street lighting.
Each subdivision shall provide circuitry and street lighting located in accordance with city standards. Street light spacing shall take existing trees into consideration. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.170 Underground utilities.
All utilities designed to serve the subdivision shall be placed underground. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.180 Sanitary sewers.
All lots, blocks and parcels in a subdivision shall be served by a city sanitary sewer. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.190 Storm drainage.
An adequate drainage system, including necessary pipes, culverts, intersectional drains, drop inlets, bridges, drainage releases where necessary, and similar devices, shall be provided for the proper drainage of all surface water. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.200 Water system.
The water distribution system, including fire hydrants, shall be designed and installed in accordance with city standards and the requirements of the fire department. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.210 Easements for utilities.
Easements may be required for the maintenance and operation of utilities. Easements may be required along the lines of lots or through blocks where necessary for the extension of existing or planned utilities. Easements along lot lines shall be at least 10 feet wide. Such easements will have written approval of utilities companies or other interested agencies prior to acceptance of the final plat. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.220 Blocks.
A. Width. Blocks shall be wide enough to allow two tiers of lots, except where fronting on arterials or prevented by topographical conditions or size of the property.
B. Length. The minimum length of a block adjacent to and parallel to a principal or minor arterial should be 600 feet. All residential blocks shall not be less than 300 feet nor more than 1,320 feet in length. In blocks over 660 feet in length, the planning commission may recommend a public crosswalk of not less than 10 feet in width dedicated to the public to extend entirely across the block and at locations deemed necessary. The crosswalk shall be paved for the entire width and length with a permanent surface and shall be adequately lighted. Fences shall be provided along both sides of crosswalks and shall be located on private property. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.230 Lots.
A. Required. Lots are required in residential subdivisions only when a block is intended to be sold into more than one ownership. Lots are optional in commercial and industrial subdivisions. The size, shape and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. However, if lots for individual sale or lease are created, they shall conform to the following criteria:
1. The size, shape and orientation of the lot shall be appropriate for the location of the proposed subdivision and for the type of development contemplated.
2. Excessive depth in relation to width should be avoided. A desirable proportion of depth to width shall be two to one.
3. Every lot shall abut a public street.
4. Width of lots shall conform to the requirements of the zoning ordinance or 50 feet where no width is given.
5. Lots, except corner lots, having frontage on two streets should be avoided.
6. Side lot lines should be at right angles to the right-of-way line of the street on which the lot faces, whenever possible.
7. Corner lots for residential use shall be platted wider than interior lots to provide the front yard requirements on the side street as prescribed by the zoning ordinance.
8. No more than two panhandle accesses shall be permitted side-by-side in a subdivision.
9. Lots shall comply with the underlying zone.
10. Lots adjacent to a principal and minor arterial should be laid out so as to provide access to streets other than arterials and a waiver of direct access shall be required as a condition of approval. If the developer presents proof that direct vehicular access to such lots is necessary to development of his property, the planning commission may permit direct access. The planning commission may require reasonable conditions to minimize potential hazards to public safety.
B. Substandard Area Lots. In residential plats with 10 or more single-family lots, a maximum of 10 percent of the total number of lots in the plat may contain less lot areas than allowed by the underlying zone which shall not be less than 90 percent of the required minimum area; provided the mean average of all the lots in the plat shall be equal to or greater than the minimum lot area of the underlying zone; further provided, that the area used in the calculation of the substandard lots shall be not less than 90 percent of the minimum required lot area. Lots smaller than allowed by the underlying zone shall be dispersed as evenly as possible throughout the plat to avoid a concentration of such lots in any one area. If this option is employed, a copy of the above required calculations shall be submitted with the plat application. (Ord. 2316 § 2 (Exh. A), 2006).
17.16.240 Flooding and geological hazard.
If any portion of the land within the boundary of a preliminary plat or approved record or survey is subject to flooding or inundation, that portion of the subdivision shall have the approval of the state according to Chapter 86.16 RCW before the administrator and the planning commission shall consider the subdivision. If any portion of a preliminary plat is subject to flooding, inundation or geological hazard and the probable use of the property will require structures, the planning commission shall disapprove the preliminary plat or that portion of the subdivision so affected. Protective improvements may be constructed as a conditional precedent to approval of the preliminary and/or final plat. The administrator may require the subdivider to submit a geologist’s report if there is concern about geological hazards and a soil engineer’s report shall be required for plats with slopes of 15 percent or greater. (Ord. 2316 § 2 (Exh. A), 2006).
Chapter 17.20
LIABILITYSections:
17.20.010 Liability.
17.20.010 Liability.
This title shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized in this title. (Ord. 2316 § 2 (Exh. A), 2006).