Chapter 16.16
MAJOR SUBDIVISIONS
Sections:
16.16.030 Application requirements.
16.16.050 Application review reports.
16.16.070 Effective period of preliminary major subdivision approval.
16.16.080 Modifications to an approved preliminary major subdivision.
16.16.010 Purpose.
The purpose of this chapter is to regulate the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the town. The procedures regulating major subdivisions are established to promote orderly and efficient division of land and to comply with the provisions of Chapter 58.17 RCW and all applicable comprehensive plan provisions and zoning and land use codes and ordinances as adopted by the town of Waterville. (Ord. 612 § 1, 2001).
16.16.020 Scope.
Major subdivisions shall include any land being divided into five or more parcels, lots, tracts, sites or divisions, and shall meet the requirements of this title. Major subdivisions shall require improvements so that any development will be in compliance with all applicable provisions of the WMC and the Waterville urban area comprehensive plan and all other officially adopted planning documents that may apply. (Ord. 612 § 1, 2001).
16.16.030 Application requirements.
Applications for major subdivisions shall be made on forms provided by the town and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by WMC Title 14, the following information shall be submitted:
A. A legal description of the tract;
B. Total acreage of the land to be divided and the average land area in square feet of the proposed lots;
C. The location of the property as to quarter/quarter section;
D. The existing zoning district(s) within which the tract is situated;
E. A map of the town or portion thereof that effectively depicts the location of the proposed land division;
F. A title certificate consisting of a report showing all encumbrances on the property and all parties having any full or partial interest(s) in the property to be subdivided including their address and telephone number;
G. The names and addresses of all affected property owners within 350 feet of the subject property, including all contiguous property under the ownership or control of the applicant;
H. Copies of any domestic and/or irrigation water rights that the proposed development properties have;
I. A statement of the improvements to be installed and the names of the applicable utility purveyors;
J. Evidence of the ability to comply with water and sewer requirements of the town as they now exist or may hereafter be amended;
K. A completed environmental checklist in accordance with SEPA, the town SEPA procedures and associated guidelines;
L. The dimensions and area of each proposed lot or parcel to accurately demonstrate that each lot or parcel contains sufficient area to satisfy minimum zoning and health requirements. The area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the lot size computations;
M. A copy of any CC&Rs, deed restrictions or other agreements pertaining to or affecting the property;
N. Current research describing all existing easements or other existing restrictions on or immediately adjacent to the proposed subdivision;
O. A preliminary storm water drainage plan in conformance with the town requirements and the applicable engineering design and construction standards, including any soil test information as may be deemed necessary by the public works director;
P. A preliminary grading and reclamation plan if a significant amount of earth, as determined by the town, is to be removed, imported or relocated on the site;
Q. Ten copies of preliminary specifications for roads, utilities and other proposed improvements to be constructed on the subdivision in conformance with pertinent town regulations, along with a cost estimate of the proposed improvements to be constructed on the subdivision;
R. Ten copies of the preliminary plat prepared by a registered land surveyor using acceptable drafting standards. The preliminary plat shall consist of one or more sheets drawn to a scale of one inch equals 100 feet or a comparable scale appropriate to the illustration of required detail. The document shall be submitted in such form that when the maps and written data are considered together they fully and clearly disclose the following information:
1. The name of the proposed major subdivision together with the words “Preliminary Subdivision”;
2. The name and address of the applicant;
3. The name, address, stamp and signature of the professional land surveyor who prepared the preliminary plat;
4. The name, address, stamp and signature of the professional engineer who prepared any information for/on the preliminary plat;
5. The legal description of land contained within the proposed subdivision, as recorded in the records of the Douglas County auditor;
6. The date prepared or revised, scale, north arrow, quarter section, section, township, range, and Washington State coordinate system reference;
7. Identification of all land intended to be cleared, and the location of the proposed access to the site for clearing and grading during site development or construction;
8. A vicinity sketch sufficient to define the location and boundaries of the proposed major subdivision with respect to surrounding property, streets, and other major constructed and natural features; and
9. Except as otherwise specified in this chapter, the preliminary plat shall contain the following existing geographic features, drawn lightly in relation to proposed geographic features:
a. The boundary lines of the proposed subdivision and all land immediately adjacent extending 100 feet in all directions for the proposed plat perimeter, including the names of adjoining property owners and land divisions. Should the application involve the redivision of any or all of an existing platted area, the original plat shall be shown with dotted lines in their proper relationship with the new arrangements to the proposed plat;
b. All adjacent land owned by the applicant on which future applications may be submitted, together with general information as to the location and estimated extent of each additional plat which may be submitted;
c. Location of existing monuments, markers and boundary lines of the tract to be subdivided;
d. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within 200 feet of the property to be divided;
e. The location, widths and purposes of any existing easements lying within or adjacent to the proposed land division;
f. The location, size and invert elevations of sanitary sewer lines and storm water management facilities lying within or adjacent to the proposed land division or those which will be connected to as part of the proposed land division;
g. The location and size of existing water system facilities including all fire hydrants lying within or adjacent to the proposed land division or those which will be connected to as part of the proposed land division;
h. The location, size and description of any other underground and overhead facilities lying within or adjacent to the proposed land division;
i. The location of known or suspected critical areas as described in the town’s rules, regulations and ordinances, including without limitation soil or geological hazard areas, water bodies, creeks, wetlands, and areas subject to flooding, ponding, or unstable grounds;
j. The location, size, density and description of all existing vegetation and trees that have an 18-inch diameter trunk as measured four feet above ground level;
k. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed land division;
l. The location of any wells and septic systems existing within the proposed land division;
m. Contour lines of at least five-foot intervals or sufficient intervals to show the topography of the land to be subdivided reference to mean sea level datum of the National Oceanic Survey (USGS and GS);
n. The location of any existing structures lying within the proposed land division. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines; and
o. The location of municipal boundaries, section lines, township lines and other important features existing upon, over or under the land proposed to be subdivided;
10. The preliminary plat shall show the following proposed geographic features:
a. The boundaries in bold solid lines, the dimensions and the area of all proposed lots, tracts or parcels, and the proposed identifying number or letter to be assigned to each lot, tract, parcel and/or block. If the applicant desires to develop the plat in phases, the phases shall be shown on the preliminary plat;
b. The right-of-way location and width, the proposed name, and the proposed cross-sections and centerline profiles of each street, alley, or other public or private way to be created and the estimated tentative grades of such streets;
c. The location, width and purpose of each easement to be created;
d. The boundaries, dimensions and area of public and common park and open space areas;
e. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication;
f. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines. Contour lines shall be labeled in intervals not to exceed 20 feet;
g. The building envelopes, as defined herein and in the WMC Title 17, Zoning, shall be indicated for each lot;
h. Proposed monumentation;
i. Proposed location and description of all water system improvements, including all proposed fire hydrants;
j. Proposed location and description of all sewer system improvements, including profiles and, if needed, all pump stations and their connections to the existing system;
k. Proposed location and description of all storm water management system improvements;
l. Proposed location and description of all other utilities such as power, communications, natural gas, etc.;
m. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310;
n. Proposed house address system;
o. On the proposed street cross-sections, show proposed bicycle and pedestrian pathways and sidewalks (if applicable);
p. Proposed type and location of street lighting (if applicable);
q. Proposed type and location of landscaping (if applicable);
r. Proposed location and typical cross-section of trails (if applicable);
s. Proposed location and description of transit stops and shelters (if applicable);
t. Proposed restrictions or conditions on development (if applicable);
11. Upon review of an application, the town may require additional pertinent information as needed to satisfy any regulatory requirements;
12. The preliminary plat depicting a major subdivision shall be prepared in accordance with the following requirements:
a. The preliminary plat shall be prepared by a land surveyor licensed by the state of Washington. The surveyor shall certify on the preliminary plat that it is a true and correct representation of the lands actually surveyed. The preparation of the preliminary plat shall comply with the Survey Recording Act, Chapter 58.09 RCW, as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable the town to locate and appraise features of the preliminary plat in the field;
b. All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale;
c. A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. (Ord. 612 § 1, 2001).
16.16.040 Review process.
A. Applications for a major subdivision shall be processed according to the procedures set forth in WMC Title 14 for “quasi-judicial review.”
B. The town shall solicit comments on the proposed major subdivision from the public works superintendent, fire chief or designee, local utility providers, law enforcement provider, building official, school district, Douglas County departments, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
C. Based on comments from town departments and applicable agencies and other information, the town shall review the application subject to the criteria of WMC 16.16.060. A proposed major subdivision shall only be approved when consistent with all applicable provisions of the WMC and the town’s planning documents.
D. Pursuant to RCW 58.17.140, preliminary major subdivision applications shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from the date of filing thereof unless the applicant consents to an extension of such time period.
E. If an environmental impact statement is required as provided in Chapter 43.21C RCW and Chapter 18.02 WMC, the 90-day period for major subdivisions shall not include the time spent preparing and circulating the environmental impact statement by the town. (Ord. 612 § 1, 2001).
16.16.050 Application review reports.
The following reports shall be submitted to the hearing examiner for consideration and shall be attached to and made a part of the hearing examiner’s record and decision:
A. Administrator. The administrator or his/her designee shall submit a report which shall include, but not be limited to, whether the proposed subdivision follows all zoning regulations, critical areas regulations, development standards, ordinances, the comprehensive plan and documents submitted pursuant to the State Environmental Policy Act (SEPA).
B. Public Works Superintendent. The public works superintendent shall submit recommendations regarding the proposal’s effects on all public works under his/her jurisdiction and shall consult with the town’s consulting engineer to develop recommendations as to the engineering adequacy of the proposed subdivision including, but not limited to:
1. The proposed street system, sewage disposal system, storm sewer system and water supply system;
2. Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to insure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the planning commission’s report for transmittal to the town council;
3. Improvements required pursuant to this title;
4. Any easements required.
C. Contracted Fire Marshal and Town Fire Chief. The contracted fire marshal and town fire chief shall submit a report on:
1. The adequacy of access for emergency vehicles;
2. Location of the fire hydrants and adequacy thereof;
3. Adequacy of water supply for fire protection purposes;
4. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.
D. Chelan-Douglas Health District. The Chelan-Douglas health district shall be requested to submit a report on matters related to the proposed subdivision and which may affect the public health. (Ord. 612 § 1, 2001).
16.16.060 Approval criteria.
The following criteria are the minimum measures by which all proposed major subdivisions will be considered:
A. Proposed major subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon written finding by the hearing examiner, pursuant to WMC Title 14, that all of the following have been satisfied:
1. The proposed major subdivision conforms to all applicable town plans and regulations, including but not limited to the following:
a. The Waterville urban area comprehensive plan;
b. The Waterville zoning code;
c. The Waterville development standards;
d. The Waterville critical areas ordinance;
e. The Waterville technical specifications guidebook.
2. Utilities and other public services necessary to serve the needs of the proposed major subdivision shall be made available concurrent with development, including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other improvements that assure safe walking conditions for students who walk to and from school.
3. Where applicable, the probable significant adverse environmental impacts of the proposed land division, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 18.02 WMC, Chapter 197-11 WAC and Chapter 43.21C RCW.
4. Approving the proposed major subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.
B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed major subdivision may be denied because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. Where any portion of the proposed major subdivision lies within a flood control zone, as specified by Chapter 86.16 RCW, the town shall not approve the preliminary major subdivision without prior written approval of the Washington Department of Ecology. In such cases, no development permit associated with the proposed major subdivision shall be issued by the town until flood control problems have been resolved.
C. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 36.70A.070(6)(b) as now adopted and hereafter amended, a proposed major subdivision shall be denied if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. (Ord. 612 § 1, 2001).
16.16.070 Effective period of preliminary major subdivision approval.
Preliminary major subdivision approval shall be effective for five years following final action by the hearing examiner. A final plat meeting all requirements of this chapter shall be submitted to the town council for final approval, pursuant to Chapter 16.28 WMC, within five years of the date of the preliminary major subdivision approval. (Ord. 612 § 1, 2001).
16.16.080 Modifications to an approved preliminary major subdivision.
A. Minor modifications to a previously approved preliminary major subdivision, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the town subject to the provisions for “limited administrative review” in WMC Title 14. Before approving such amendment, the administrator shall make written findings and conclusions that the following exist:
1. The modification will not be inconsistent or cause the land division to be inconsistent with the findings, conclusions, and decision of the town to preliminarily approve the major subdivision;
2. The modification will not cause the major subdivision to violate any applicable town policy or regulation;
3. The modification does not adversely impact public health and safety, the environment, or the delivery of services to the site;
4. The original intent of the approved preliminary major subdivision is not altered.
B. Modifications which exceed the criteria above shall be processed as a new application. (Ord. 612 § 1, 2001).