Chapter 17.32
REQUIRED IMPROVEMENTS
Sections:
17.32.005 Development standards.
17.32.010 Materials, designs and construction.
17.32.020 Types of improvements.
17.32.030 Minimum improvements.
17.32.040 Protective improvements.
17.32.050 Methods of construction.
17.32.055 Improvements acceptable for construction guarantees.
17.32.056 Improvements not acceptable for construction guarantees.
17.32.060 Documents necessary for recording.
17.32.065 Additional documents necessary for final review.
17.32.001 Purpose.
This chapter is intended to identify those improvements necessary for the City to consider subdivisions complete, for the purpose of recording, subdivision, and sale. Application materials for plats proposed for recording, subdivision and sale shall reflect the elements necessary to determine the plat has been completed. (Ord. 1734 § 1, 2012)
17.32.005 Development standards.
It is intended that all improvements made and constructed pursuant to this title shall be in conformance with the provisions of FMC Title 19, Ferndale Development Standards, as well as Chapter 17.28 FMC, Design Requirements. Whenever conflicts occur as the result of the application of the requirements of this chapter, Chapter 17.28 FMC, and of FMC Title 19, the requirements of the latter shall govern. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.010 Materials, designs and construction.
The Director of Public Works shall prescribe minimum installation materials, designs and construction standards appropriate to the locality, topography, soil conditions and geology of the area of the proposed short plat or plat. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.020 Types of improvements.
Improvements shall include, but are not limited to, installation of water system, sewer system, storm drainage system, streets, pedestrian ways, playground/park facilities, monuments, other utility services, and shall eliminate site distance and other problems. For long plats and planned unit developments, the Hearings Examiner, Public Works Director or Subdivision Administrator shall determine for recommendation to the City Council the scope and nature of improvement. The Public Works Director and Subdivision Administrator shall determine the scope and nature of improvements for binding site plans and short plats administratively. On-site improvements are required and shall include those improvements installed within the boundaries of the subject property or abutting or immediately adjacent thereto. Off-site improvements will be required as needed for the preservation of health, safety and welfare of the community as well as to meet requirements to serve subject property and to meet long-range goals of the City as adopted by the City Council. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.030 Minimum improvements.
A. Streets shall be constructed to full width and subgraded in accordance with the standards and under the supervision of the Director of Public Works and shall be surfaced at the proper time as per the Director of Public Works.
B. Curbs shall be installed in accordance with the standards and under the supervision of the Director of Public Works.
C. Sidewalks shall be constructed on both sides of the street in accordance with the standards and under the supervision of the Director of Public Works.
D. The water distribution system including the locations of fire hydrants shall be designed in accordance with the standards and installed under the supervision of the Director of Public Works. Connections shall be provided for each lot.
E. The short plat or plat shall be provided with a complete sanitary sewer system. The sanitary system shall be designed and installed in accordance with the standards and under the supervision of the Director of Public Works.
F. Permanent monuments and other markers shall be erected and located, and each lot shall be staked in accordance with the standards and under the supervision of the Director of Public Works and in accordance with the following requirements:
1. Materials and Location. Permanent control monuments shall be made of concrete, as per City standards, and shall be established at:
a. All controlling corners on the boundaries of the short plat or plat;
b. The intersections of centerlines of roads within the short plat or plat;
c. The beginnings and ends of curves on centerlines;
d. All block corners not at intersections.
2. Position and Type. Permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all short plats or plats.
3. Road Monuments. Permanent control monuments within the streets shall be set after the roads are graded.
4. Lot Corners. Every lot corner shall be marked by a one-half-inch galvanized iron pipe at least 24 inches in length, or approved equivalent, driven into the ground.
5. Waterfront. If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high water mark. Property lying beyond the meander line shall be defined by distances along the side property lines extended from the meander line. If the thread of a stream lies within or forms the boundary of a short plat or plat, such thread shall be defined by bearings and distances as it exists at the time of the survey.
6. Bonding. The Director of Public Works may permit the placing of permanent control monuments within the plat and surveying of lot corners to be completed after filing of the final plat; provided, that a surety bond guaranteeing completion of the surveying within one year shall be posted in an acceptable form and amount; and provided further, that temporary surveyed and referenced markers are placed prior to filing of the plat. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.040 Protective improvements.
The Subdivision Administrator, Critical Areas Administrator, Floodplain Administrator, or Public Works Director may require construction of protective improvements, to be noted on the short plat or final plat, because of flood, inundation or swamp conditions. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.050 Methods of construction.
The Public Works Director may prescribe what period of time is allowed, up to a maximum of two years, for construction and acceptance by the City of required improvements and which of the following methods of providing for construction of the improvements within the time periods must be provided by the applicant prior to short plat approval or submission of final plats for approval:
A. Actual installation of required improvements;
B. Posting of cash, or a bond in an amount of one and one-half times the actual construction cost and with surety and conditions sufficient to ensure construction of the required improvements; or
C. Supplying the City with a copy of a contractor’s agreement and performance bond sufficient to ensure construction of the required improvements. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.055 Improvements acceptable for construction guarantees.
The following types of improvements will be accepted by the Public Works Director for construction guarantees, such as bonding, in lieu of actual construction:
A. Final asphalt lift, streets and roads.
B. Street name signage.
C. Street lights.
D. Park improvements, if applicable.
E. Off-site improvements, if applicable.
F. Minor clean-up (i.e., seeding, painting, landscaping). (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.056 Improvements not acceptable for construction guarantees.
The following types of improvements will not be accepted by the Public Works Director for construction guarantees, such as bonding, in lieu of actual construction:
A. Drainage systems.
B. Utility systems (water, sewer or other public utilities).
C. Street work prior to final asphalt lift.
D. Curbs, gutters, and sidewalks.
E. Surveying or staking.
F. Regulatory signage. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.32.060 Documents necessary for recording.
The following documents shall be submitted to the City of Ferndale in a format acceptable to the Subdivision Administrator, and compliant with standards identified by the Whatcom County auditor:
A. The name of the proposed plat and its section, township and range on each sheet;
B. True and magnetic north points and scale on each sheet which depicts property included in the proposed plat;
C. The number of the sheet and total number of sheets on each sheet;
D. Accurate lines with complete bearings and lineal dimensions depicting the perimeter of the land included in the proposed plat with heavier lines than appear elsewhere on the proposed plat;
E. Accurate lot liens with bearings, lineal dimensions and other data necessary for the location of any lot line in the field;
F. If applicable, in case of a plat containing a dedication, the location, width, centerline, names and acknowledged statement of dedication of all streets, parks, playgrounds and other areas and other ways dedicated to the public by the subdivider, as follows:
Known all persons by these presents that we the undersigned, being owners in fee simple of the land herein platted; are persons authorized by all parties having any interest in the land hereon described to obtain this short plat; do hereby declare and acknowledge this “(Plat Name)” plat and dedicate to the use of the public forever all roads and/or rights of way, parks, playgrounds or other areas and other ways; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Ferndale and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way, parks, playgrounds, or other areas and other ways; and do hereby grant and reserve any easements shown hereon for the uses indicated.
(Name)
(Name)
1. If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite the waiver;
G. If applicable, in case of a plat not containing a dedication an acknowledged statement as follows:
Known all persons by these presents that we the undersigned, being owners in fee simple of the land herein platted; are persons authorized by all parties having any interest in the land hereon described to obtain this short plat; do hereby declare and acknowledge this “(Plat Name)” plat; and do hereby grant and reserve any easements shown hereon for the uses indicated.
(Name)
(Name)
H. Location, dimensions, description, and purpose of all private ways, open spaces or other areas reserved for the benefit of the land included within the proposed plat;
I. Location shown by broken lines, dimensions and description of purpose of all easements over the land included within the proposed plat;
J. The location of all monuments or other evidence used as ties to establish the proposed plat’s boundaries;
K. The location, size and shape of all permanent control monuments found and established at the controlling corners on the perimeter and within the proposed plat;
L. The length and bearing of all straight lines and the radii, arcs and semi-tangents of all curves;
M. A reference to any restriction or covenants to be recorded with the plat and included in the deeds to the lots;
N. A certificate signed by a registered land surveyor that the plat was surveyed and prepared either by themselves or under their supervision, that the plat is a true and correct representation of the lands actually surveyed, and that permanent control monuments have been established at each and every controlling corner of the parcel of land being subdivided;
O. A list showing the square footage of each lot within the plat;
P. A certificate signed by the county treasurer’s office that all taxes and delinquent assessments for which the property is liable as of the date of certification have been duly paid, satisfied or discharged;
Q. A certificate for acknowledgement of the filing of the plat by the county auditor and providing for the name of the person filing the plat;
R. Space for approval by the Subdivision Administrator;
S. Space for approval by the Director of Public Works;
T. Space for approval by the City Clerk;
U. Space for any additional notes, provisions, or agreements that are identified as necessary by the Subdivision Administrator. (Ord. 1734 § 1, 2012)
17.32.065 Additional documents necessary for final review.
In addition to the materials listed in FMC 17.32.060, at least one copy of the following accompanying documents must be provided to the City prior to recording a subdivision:
A. Updated and current title report prepared no more than two weeks prior to approval for recording showing all persons having an interest in the land included in the plat and in the land over which any easements are proposed to serve the plat;
B. 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, including complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing and including a sketch showing all distances, angles and calculations required to determine corners and distances of the plat. The allowable error of closure shall not exceed one foot in 5,000 feet;
C. For a plat lying wholly or partially within a flood control zone, the approval of the Washington State Department of Ecology;
D. For a plat lying wholly or partially within an irrigation district organized pursuant to Chapter 87.03 RCW, approval of the irrigation district as to the adequacy of irrigation water rights-of-way shown on the final plat for all lots located within the irrigation district;
E. Recommendations of the following:
1. Approval or disapproval of the City or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;
F. Such other information as the Subdivision Administrator deems necessary for an adequate review of the plat. (Ord. 1734 § 1, 2012)
17.32.070 Maintenance.
The Subdivision Administrator or Public Works Director shall require a bond or some other acceptable method to ensure the successful operation of all required improvements for a period of two years from the date of final plat approval or two years from the date of final acceptance of all improvements in the event that all improvements were not finally accepted at the time the final plat was approved. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006. Formerly 17.32.060)