Chapter 17.28 MAJOR SUBDIVISION -- LONG PLAT PROCEDURE

Chapter 17.28
MAJOR SUBDIVISION – LONG PLAT PROCEDURE

Sections:

17.28.010 Purpose.

17.28.020 General provisions.

17.28.030 General rules and regulations.

17.28.040 Final plat requirements.

17.28.050 Subdivision requirements.

17.28.060 Site improvements.

17.28.070 Survey requirements.

17.28.010 Purpose.

A. It is the purpose of the regulations set forth in this section to provide for the review for rendering a decision of applicable request for divisions of land, which conforms to the adopted zoning standards and adopted plans and policies of the city of Deer Park, specifically:

1. DPMC Title 18;

2. Deer Park comprehensive plan map and text;

3. Other adopted plans, policies, and regulations.

B. It is the purpose of these regulations to grant to the planning director, the planning commission and the city council the authority to approve, approve with conditions, or deny any subdivision request, pursuant to RCW 43.21C.060 and Chapter 16.04 DPMC, on the basis of specific adverse environmental impacts as identified in the environmental documents and as so stated in writing by the planning director. The policies upon which approval, approval with conditions or denials may be made are as follows:

1. To protect the health, welfare and safety of humankind;

2. To implement plans, policies, and regulations adopted to protect the environment.

C. The regulations of this title are designed, in part, to establish a procedure for assuring proper division of land before the issuing of a building permit.

D. All subdivision of land under this section shall be completed in accordance with the minimum procedures for subdivisions as set forth and authorized by Chapter 271, Laws of 1969, First Ex. Session, and Chapter 134, Laws of 1974, First Ex. Session, of the Washington State Legislature, as they presently exist or as they may be hereafter amended, altered or repealed. (Ord. 681 § 2, 1996)

17.28.020 General provisions.

A. Applicability. Every subdivision of land within the incorporated area of the city of Deer Park, except:

1. Cemeteries and other burial plats while used for that purpose;

2. A division of land made in accordance with the Chapter 17.24 DPMC;

3. Acquisition of land for public purposes or transfer of parcels of land to city road or utility departments, utility companies, public utility districts or special districts; provided, that there is a record of survey filed with the county auditor in conformance with the Survey Recording Act of 1973;

4. An assessor’s plat made in accordance with RCW 58.10.010, and meets the requirements of RCW 58.17.240 and 58.17.250;

5. Any action concerning the subdivision of land filed with the planning commission prior to the effective date of the ordinance codified in this title shall be exempt from terms and conditions of this title and the rules and regulations adopted pursuant to this title;

6. Transfer of parcel(s) of land which is done in order to correct boundary errors or make minor boundary adjustments not creating new building lots.

B. Enforcement of this title by the planning director, planning commission or city council shall be as specified in DPMC 17.08.010. (Ord. 681 § 2, 1996)

17.28.030 General rules and regulations.

A. The following rules and regulations for the divisions of lots, tracts, and parcels of land for parks and street rights-of-way under authority of this title are based on the provisions of Chapters 43.21C and 58.17 RCW, State Environmental Policy Act, Chapter 16.04 DPMC, Environmental Policy Guidelines, and DPMC Title 19, Integrated Project Review.

B. All subdivisions and the processing of subdivisions shall conform to the city of Deer Park comprehensive plan, the State Environmental Policy Act, Chapter 43.21C RCW and the Environmental Guidelines, Chapter 16.04 DPMC, the Shorelines Management Act and Chapter 18.70 DPMC, Chapter 90.58 RCW and all rules and regulations promulgated thereunder, DPMC Title 18, Chapter 17.24 DPMC, DPMC Title 19, and all other applicable rules and regulations.

C. Notification Procedure. Preliminary subdivisions shall be processed as a Type III (quasi-judicial) application in accordance with all requirements of DPMC Title 19.

1. In accordance with the requirements of DPMC Title 19, prior to the date set for preliminary subdivision open record public hearing, the planning director shall cause to be published, in the newspaper of record, a notice of the public hearing, and shall cause such notice to be posted at public locations. Such notice shall comply with the notice of application and public notice requirements of Chapter 19.16 DPMC.

2. The subdivider shall notify all property owners within a 300-foot radius of the subject site by mailing a notice of application/public notice as provided by the planning director. If any property abutting the preliminary subdivision site is owned by the same person or entity as the plat site, the owners of property within 300 feet of that property owned by the subdivision applicant shall also be notified.

a. Said mailing shall be accomplished as follows:

i. All property owners referenced in subsection (C)(2) of this section shall be so notified by mail, prior to the hearing, within the time frame set for in Chapter 19.16 DPMC.

b. In those instances where any portion of the abutting property is owned or controlled by the subdivider or his/her representative, then all property owners within 300 feet of the subdivider’s total adjacent property interest shall be used to identify who is to be notified per the above methods.

c. All property owners shall be deemed notified by certified mail when the notice directed to the property owners’ attention is deposited with the U.S. Postal Service in accordance with Chapter 19.16 DPMC prior to the hearing (first class certified postage prepaid). Said property owners are those shown on the most current treasurer’s computer records obtained by the subdivider from a recognized title company no more than 30 days prior to the hearing.

d. The continuance of a public hearing through verbal motion at a regular or special meeting of the planning commission, and posting of the continuance at established posting places, shall be deemed as adequate notice thereof to the public.

3. One or more sign(s) no smaller than 16 square feet (four feet by four feet) in area shall be supplied and erected by the subdivider in a conspicuous place as determined by the planning director prior to the hearing in accordance with Chapter 19.16 DPMC. Said sign(s) will be supplied by the subdivider. Said sign(s) shall be of commercial quality to withstand normal weather conditions and easily read from a long distance. Legible block lettering three inches in height shall state: subdivision name; number of acres; number of lots; proposed zoning; proposed use; subdivider’s name, address and telephone; and date, time and place of hearing, and provide a site plan of the proposed division. Said sign(s) shall also contain other information as required by Chapter 19.16 DPMC.

4. The subdivider shall provide an affidavit confirming that those provisions set forth in the section have been fulfilled as prescribed.

D. Application. An application for preliminary subdivision and required supporting data, pursuant to the preliminary subdivision procedures, shall be submitted to the planning director or his/her designee, on forms and instructions as adopted by the planning commission. The application shall be prepared by, or under the direction of, a registered land surveyor or civil engineer in accordance with said forms and instructions. The application shall be accompanied by a State Environmental Policy Act (SEPA) checklist, including a review and analysis of the comprehensive impacts of the proposed preliminary subdivision.

E. Acceptance and Distribution. If the planning director determines that the preliminary subdivision application contains sufficient data to meet the preliminary subdivision procedures, a determination of completeness will be issued pursuant to DPMC 19.12.050; the required planning fees and engineering review fees will be collected; a file number will be affixed; and copies of said plat map and pertinent data will be forwarded to the city engineering consultant, Spokane County health officer, fire department, appropriate city utility departments and any other governmental agencies from which review is required in accordance with DPMC 19.16.030. All agency recommendations and requirements shall be returned to the planning department within the time frame established by the planning director pursuant to DPMC 19.16.030, so that a staff report can be prepared in accordance with DPMC 19.16.060 prior to the date set for the planning commission’s open record public hearing.

F. Hearings.

1. The planning commission shall set a date for public hearing no more than 90 calendar days from acceptance by the planning director of a completed application and supporting data, except where additional time pursuant to SEPA is required.

2. Hearing Information Notice. The planning director shall advise the following entities of public hearings in accordance with Chapter 19.16 DPMC:

a. The legislative authority of the city and/or private utilities which are contemplated for use in the proposed subdivision;

b. The State Department of Transportation or its successor, if the proposed subdivision is adjacent to the right-of-way of any state highway;

c. The county engineer, county planning department, the health officer of Spokane County and any other appropriate governmental agency;

d. All other agencies of jurisdiction for permits or operation of utilities and other required minimum improvements.

3. Recommendations for Utilities and Other Minimum Improvements. The planning director shall receive, in writing, from the consulting engineer, county engineer, the health officer of Spokane County, the appropriate fire protection official and other agencies of jurisdiction, their respective requirements and recommendations as to the adequacy of the proposed street system, the proposed sewage disposal and water supply systems, fire protection facilities, stormwater drainage system, public park areas and other improvements related to the subdivision. All required recommendations and certifications from agencies of jurisdiction shall be received, in writing, by the planning director and shall be made part of the application, staff report, and supporting data for submittal to the planning commission and shall be made a part of the official record of the public hearings held.

4. Public Hearing – Scope. At the public hearing, the planning commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication, determine if provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks, bikeways, and other planning features that assure safe walking and riding conditions for students who walk or ride a bicycle to and from school, and determine whether the public interest will be served by the subdivision and dedication.

5. Utility Approval. If a power line, natural gas pipeline, petroleum or other pipeline traverses a proposed subdivision for purposes other than local community distribution, the subdivider shall furnish to the planning director, a minimum of 10 days prior to the public hearing, a letter from the utility company involved stating the necessary recommendations to adequately protect the uses of the utility from development and protect the proposed development from hazards of the uses of the utility.

6. The planning commission’s written notice of decision is final unless appealed under Chapters 17.48 and 19.16 DPMC.

G. Expiration of Preliminary Subdivision Approval.

1. Approval of a preliminary subdivision shall automatically expire two years after preliminary approval is granted unless a time extension is applied for. In any case that the subdivider does not apply for a time extension when required under this title, the preliminary approval expires and the subdivision is null and void.

2. Upon application for time extension, the planning commission may approve extensions for up to two two-year periods; provided at least one of the following circumstances is found to apply:

a. That some portion of the preliminary plat has been finalized since the last extension was granted and the remaining lots would form a unified development consistent with the original approval;

b. That the preliminary plat, as approved, remains consistent with the comprehensive plan insofar as density and other development provisions apply, and the sponsor has taken substantial steps towards finalizing his/her plat, which shall include, but not be limited to:

i. Surveying the lots within the development,

ii. Arranging for public services to the site,

iii. Obtaining necessary financing for all or a portion of the preliminary plat,

iv. The completion of studies or other requirements which were part of preliminary plat approval;

c. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund.

3. The city shall have the discretion to process a time extension request as either a Type II (administrative) or Type III (quasi-judicial) application in accordance with all requirements of DPMC Title 19. The planning director or designee shall circulate proposals for extensions of time to all affected agencies and departments for comments in accordance with this section and DPMC Title 19. Public notice of proposed extensions shall be provided in accordance with DPMC Title 19. Upon approval of an extension, the planning commission or designee may attach any and all newly recommended conditions of city or county departments and agencies to the original proposal. The planning commission shall enter findings, conclusion and order for any proposed extension and notify parties of record of the commission’s decision in accordance with DPMC 19.16.080. Appeals of commission decisions on extension of time requests must be filed in accordance with Chapters 17.48 and 19.16 DPMC.

4. The fee for such application shall be set by resolution of the city council. Application forms and supporting data requirements for time extensions are required and will be provided, upon the subdivider’s request, by the planning director. (Ord. 722 § 26, 1998; Ord. 681 § 2, 1996)

17.28.040 Final plat requirements.

A. The plat sponsor shall furnish to the planning department for processing a final plat prepared by or under the direction of a land surveyor licensed in the state of Washington. The final plat shall comply with the following:

1. The final plat shall be a legibly drawn, printed or reproduced by a process guaranteeing a permanent record, 24 by 36 inches, or of a size as required by the county auditor. A two-inch margin shall be provided on the left edge or shorter edge of paper, and a one-half-inch margin shall be provided at the other edges of the map. If more than one sheet for the final plat is required, each sheet shall show sheet numbers for the total sheets.

2. The proposed name of the subdivision; location by section, township and range shall be shown.

3. The scale shall be 50 or 100 feet to the inch.

4. A distinct wide boundary line shall delineate the boundary of the land being subdivided.

5. The location and widths of streets, alleys, rights-of-way, easements, parks and open spaces proposed within the subdivision and those existing immediately adjacent to the subdivision shall be shown. Areas to be dedicated to the public shall be properly labeled.

6. Layout and names of adjoining subdivisions and resubdivisions shall be shown by dashed lines within and adjacent to the subdivision boundary.

7. Street names shall be shown and labeled consistent with the names of existing streets or provided with new street names from the approved list as adopted by the city council in the city except for stub streets one lot depth in length, which need not be named.

8. The layout, lot and block numbers and dimensions of lots shall be shown.

9. Plat restrictions required as conditions of preliminary plat approval shall be shown.

10. Appropriate utility easements shall be indicated on the final plat. Written approval of the easements from the utility company and city water/sewer departments must be submitted to the planning department.

11. Special statements of approval required from governmental agencies:

a. Flood Control. If any portion of the proposed subdivision lies within a flood hazard area as designated on the Department of Housing and Urban Development Flood Hazard Boundary Maps or by the city engineer, a review by the engineer and building department director will be initiated to insure that the proposed project is in compliance with the National Flood Insurance Program.

b. Connection to State Highways. When a proposed subdivision borders a state highway, written approval as to the location of access connections to the state highway must be received from the Washington State Department of Transportation.

c. Shorelines. If any portion of the subdivision lies within an area subject to the State Shorelines Management Act, a statement of compliance will be required from the shorelines administrator or that person’s designee.

12. A notarized certification by the owner(s) showing dedication of streets, dedication of portions intended for other public use, the granting of easements for slope and utilities and ownership of property.

13. The required signatures and certifications to appear on the final plat are as follows:

a. Certificate shall appear on the final plat as follows:

SURVEYOR’S CERTIFICATE

This map correctly represents a survey made by me or under my direction in conformance with the requirements of the city of Deer Park Platting Ordinance.

Name of Surveyor________________

(signed and sealed)

Certificate Number_______________

b. Certifications to be signed by the city engineer and the city utilities director that the plat has been examined and approved;

c. Certification to be signed by the health officer of Spokane County that the plat has been examined and approved if required;

d. Certification of the county assessor approval to be signed by the deputy assessor;

e. Certification of planning commission approval to be signed by the planning commission chairman;

f. Certification to be signed by the planning director that all required conditions have been satisfied and fees paid;

g. Certification of the city council’s approval to be signed by the mayor of the city of Deer Park;

h. Certification to be signed by the county treasurer that all outstanding taxes on the property have been paid.

14. Lots should not be divided by the boundary of any city, county, special district or public right-of-way.

15. The final plat shall conform to any applicable requirements listed under DPMC 17.28.070, Survey requirements.

B. Final Plat Review.

1. After obtaining the planning commission’s approval of the preliminary plat, and after demonstrating compliance with the conditions attached to said preliminary plat, the subdivider may prepare the proposed final plat for the planning department’s review. This proposed final plat shall conform substantially to the approved preliminary plat, and shall comply with these regulations and with all applicable rules and standards adopted by those officials authorized to administer these regulations.

2. The subdivider shall submit the following to the planning department:

a. A plat certificate from a title company licensed in the state of Washington showing the land ownership, liens, encumbrances, easements and legal description of the proposed subdivision;

b. The profiles, proposed grades, road system, storm drainage system, and plans for improvements as required by the city engineer and Spokane County officer, or other pertinent agency, if required, as a condition of preliminary plat approval;

c. The public water and public sewer engineering plans and specifications approved by the county health district and/or the city utilities department, the Washington State Department of Ecology, Department of Social and Health Services and any special district of jurisdiction;

d. The final plat shall comply with the conditions of preliminary plat approval, including site plans, if applicable;

e. Five copies of the proposed final plat depicting the location of proposed or existing well sites and easements as defined herein and two copies of a tax assessor’s map delineating the boundaries of the property being platted, said copies to be distributed to the appropriate agencies by the planning department.

C. Final Plat Filing Procedure.

1. The original drawing of the proposed final plat will be submitted by the subdivider to the planning department.

2. The planning director shall place on the agenda of the planning commission at their next meeting, review and approval of the final plat. Upon satisfactory approval of the plat and all conditions required, the chairman of the planning commission shall affix his signature to the plat.

3. The planning director shall forward the drawing to the city engineer and utility director. After they have completed their review of the original drawing, they shall affix their signature into spaces provided and send the drawing to the city of Deer Park planning department.

4. When the planning director is satisfied that the following conditions, and all conditions of preliminary plat approval, have been satisfied and all final subdivision fees have been paid, the planning director shall affix his signature to the original drawing of the final plat and shall cause the proposed final plat to be placed on the agenda for approval by the city council.

a. The proposed final plat shall meet all standards established by the state law and this title relating to final plats.

b. The proposed final plat bears the certificates and statements of approval required by this title.

c. The plat certificate furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the face of the final plat.

d. The facilities and improvements required to be provided by the subdivider have been completed and inspected and approved for maintenance, or alternatively, that the subdivider has provided information satisfactory to comply with the provisions of Chapter 17.28 DPMC.

5. The city council shall, at its next convenient public meeting or any continued meeting, determine whether conditions imposed when the preliminary plat was approved have been met or bonded and the requirements of state law and this title have been satisfied by the subdivider.

If the city council determines that the above conditions have been met and have approved the plat, the mayor shall thereupon sign the original drawing to be transmitted to the county treasurer’s office.

6. The county treasurer shall keep the proposed final plat original drawing in that office’s possession and control until such time as the required taxes are paid in full. At that time the treasurer, or designee, shall affix that office’s signature to the proposed final plat original drawing and personally transmit the original drawing to the county auditor for immediate recording.

7. The county auditor shall accept the proposed final plat, with all required approvals and signatures, from the county treasurer. The county auditor shall collect all filing fees from the subdivider and record the plat. The county auditor retains a certified copy and causes the original drawing of the certified plat to be transferred to and retained by the city of Deer Park planning department. (Ord. 681 § 2, 1996)

17.28.050 Subdivision requirements.

A. Dedications.

1. General.

a. No subdivision shall be approved unless adequate provisions are provided for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastewater, parks, playgrounds, sites for schools and schoolgrounds; and shall consider other relevant facts and determine whether the public interest will be served by the subdivision and dedication.

b. All dedication of land shall be clearly and precisely indicated on the face of preliminary and final plats.

2. Protective improvements, such as dikes, drainage systems or storm and sanitary sewers, public water systems and easements to maintain such improvements shall be dedicated for public ownership and maintenance, except as provided in subsection (A)(5) of this section.

3. Access to Public Waters. Subdivisions containing land adjacent to publicly owned or controlled bodies of water shall contain dedications of access (acceptable for public use) to such bodies of water unless the planning commission or the city council determines the public use and interest will not be served thereby and/or unless there is an existing publicly owned or controlled public access within one-half mile. Such dedications shall be to the mean low-water mark, as it now exists or may hereafter occur.

4. Direct access to every lot shall be provided by a public street improved to standards established by the city.

5. Exemptions – Conveyance to Corporation.

a. If the planning commission concludes that the public interest will be served thereby, the commission may recommend to the city council that in lieu of requiring the dedication of land to the city in a subdivision for protective improvements, drainage ways, walkways, parks, playgrounds, recreational, community or other general purposes, allow the said land and/or protective improvements or easements to be conveyed to a homeowners association or similar nonprofit corporation or other approved corporation.

b. A subdivider who is required to make a conveyance as permitted above shall, at or prior to the time of submitting a final plat for approval, supply the planning director with copies of documents which demonstrate to the satisfaction of the director that adequate provisions have been made for maintenance and perpetuity of the dedication.

6. Public Intention to Acquire.

a. Any public agency with power to acquire land by condemnation or otherwise for public uses may, at any time prior to approval of a preliminary plat, notify the city council, the planning director and the subdivider of its intention to acquire land in a proposed subdivision for public uses.

b. If the planning commission finds that the subdivision necessitates acquisition of land by a public agency within the subdivision to insure public health, safety and welfare, the commission may require, as a condition of approval of the preliminary subdivision, that the said land, or such part of it as the commission deems appropriate, be designated on the preliminary plat as reserved land.

c. In the event the land is not dedicated for said uses, any public agency may request that the planning commission require the reservation of such land. Said dedication shall appear on the face of the final plat prior to the council’s approval of the final plat.

d. No building permit, sewage disposal permit or other permit for development shall be issued for improvement on lands that have been reserved for acquisition by a public agency except by the public agency for whom the land was reserved.

7. Reserved Land.

a. If any public agency requires reserved land for future public uses to insure the public health, safety or general welfare, the subdivider shall indicate on the final plat such reserved lands. The subdivider shall show the configuration and dimensions of proposed lots, blocks, roads, easements and like features in the reserved area.

b. If the public agency has not acquired or commenced proceedings to acquire reserved land within the time period set by the planning commission, the subdivider and subdivider’s successors may proceed to develop land lying within the reserved area in conformity with the final plat of the subdivision. No improvements shall be made upon reserve land that has become available for development through nonacquisition by a public agency until adequate commitments for development thereon have been provided by the subdivider.

8. When development within the jurisdiction of the Shorelines Management Act occurs, such use regulations as restricting or prohibiting improvements, vegetation clearing and restricting or prohibiting structures shall be recognized.

B. Design Standards.

1. All subdivisions shall conform to the comprehensive plan of the city, all zoning regulations and all other applicable local and state regulations in effect at the time any preliminary subdivision is submitted for approval or at the time an extension of time is granted.

2. Topographic, Hydrologic and Geologic Hazards – Protective Improvements. Land on which exist any topographical, hydrologic or geological conditions which are hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazard or unless land subject to the hazard is reserved for uses that will not expose persons or property to the hazard. Design criteria for subdivision of land with these hazards may follow the criteria as specified or approved by the city engineer, health district, or other pertinent regulatory agencies. These protective improvements shall be constructed prior to final plat approval or a bond provided to cover the cost, and restrictions of such uses shall be clearly noted on the final plat.

a. Lands with these hazards are also subject to the provisions of Chapter 18.70 DPMC. Therefore, where any applicable portion of any section of this chapter or of Chapter 18.70 DPMC imposes a greater restriction or regulation upon buildings, structures, platting, and/or uses than are imposed by other applicable chapters of this DPMC, the most restrictive provisions shall apply.

3. Generally, the arrangement, character, extent, width, grade and location of all streets shall conform to the DPMC Titles 17 and 18 and shall be considered in their relation to existing and planned streets, topographic conditions, public convenience and safety, in their appropriate relation to adjoining subdivisions, and their compatibility with the city. The arrangement and other design standards of streets will conform to all provisions of this title. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed streets and related transportation components. The commission shall approve the subdivision only after a finding that appropriate provisions are made for the transportation system pursuant to the level of service standards stipulated in the transportation and capital facilities elements of the comprehensive plan.

a. Improvements. Streets shall be paved and essential utilities improved to conform to applicable standards and specifications adopted by the city and shall be approved as to design and specifications by the city engineer and or superintendent of public works in accordance with the approved construction plans.

b. Street Arrangement.

i. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.

ii. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topographic or other physical conditions.

iii. A gridiron street pattern need not necessarily be adhered to and the use of curvilinear streets, cul-de-sacs, and loop streets may be utilized where such use may result in a more desirable layout. The street shall be laid out in such a way as to make the best use of the topography of the land consistent with the type of development.

iv. Where a half-street is adjacent to the subdivision, the other half of the street must be dedicated by the adjacent subdivider.

v. Collector streets shall be property related to the public street system, to special traffic generating facilities such as schools, churches, and shopping centers, to population densities and to arterial streets into which they feed. Collector and arterial street designs and locations shall also be designed and located in accordance with the transportation element of the comprehensive plan.

vi. Local access streets shall be laid out to conform as much as possible to topography, to discourage use by through traffic, and to permit efficient drainage and sewer systems.

4. Access to Arterial Streets. Where a subdivision borders on or contains a limited access highway right-of-way or easement or an existing or proposed arterial street, the planning commission may require that access to such streets be limited by one of the following means:

a. Subdivision of lots so that back yards border on the arterial street and front on a parallel local access street, with no access provided from the arterial, and screening and/or a corridor of land provided along the rear property line of such lots;

b. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel local access street, with the rear lines of their terminal lots backing onto the arterial, and separated with screening and/or a corridor of land provided along the rear property line of such lots;

c. A marginal access or service road separated from the arterial by a corridor of land and having access thereto at suitable points.

d. Direct access to State Highway 395 is not permitted by the State Department of Transportation, except in accordance with Chapter 47.52 RCW, Limited Access Facilities.

5. Street Names and House Numbers. Names of new streets shall not duplicate existing street names unless a new street is a continuation of or in alignment with the existing street. In major subdivisions, street names shall be approved by the planning commission and shall use the street name list as approved and prepared by the city council. House numbers shall be assigned by the planning department in accordance with the house numbering system in effect in the city.

6. Street Design Standards.

a. Cul-De-Sacs. Streets designed to have one end permanently closed shall not be longer than 400 feet in length measured from the curb line of the intersecting street to the closed end of the cul-de-sac. The closed end of the cul-de-sac shall be provided with a circular turnaround having a driving surface radius not less than 50 feet. Offset or T-shaped turnarounds providing equivalent radius may be substituted.

b. Grade. The grade of any street shall not exceed 10 percent without the approval of the engineering and public works departments.

c. Grade Changes. All changes in street grades shall be connected by vertical curves.

7. Intersections.

a. Streets shall be laid out so as to intersect as nearly as possible at right angles. The intersection of two new streets at an angle of less than 70 degrees shall not be permitted without the approval of the engineering and public works departments. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point without prior approval of the planning commission.

b. Adequate stopping sight distance to traffic control devices will be provided at each intersection. Sight distance must be equal to or exceed the stopping sight distance required for the speed limit of the intersecting street. In no case will sight distance be less than 150 feet.

c. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street.

d. Intersections shall be designed with a minimum grade. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided to conform to applicable standards and specifications adopted by the city, and to ensure adequate traffic safety.

e. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way or easement, and shall comply with the provisions of Chapter 18.94 DPMC. An easement shall be required on the plat for required cut slopes.

f. The cross-slopes on all streets, including intersections, shall be three percent or less.

8. Alleys. Alleys may be required to the rear of lots used for business purposes.

9. Curves. Curves on public streets shall not be less than 100-foot radius.

10. Guidelines and acceptable criteria for all streets, unless necessitated by unusual topographic, physical or design features as determined by the planning commission:


Feature	Arterial Streets	Collector Streets	Local Access Streets

Right-of-Way**	60 ft.	50 ft.	46 ft.
Surface	Asphalt	Asphalt	Asphalt
Number of Lanes	2	2	2
Lane Width	12 ft.	12 ft.	11 ft.
Parking Strip	Asphalt	Asphalt	Asphalt
Shoulder Width	10 ft.	8 ft.	8 ft.
Roadway Width	44 ft.	40 ft.	38 ft.
Sidewalk Width*	5 ft.	5 ft.	5 ft.

*Pedestrian sidewalks required both sides of street. Sidewalk width may be reduced to three feet where five-foot by five-foot sidewalk clear passing spaces exist at a minimum interval of 200 feet.

**Right-of-way widths in excess of the standards designated in this title shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes.

11. Drainage Plans.

a. Drainage plans shall be designed by a professional engineer and meet the minimum drainage design standards and construction standards as adopted by the city and administered by the public works department which are in effect at the time the planning director accepts a preliminary subdivision application or a new action occurs pursuant to a public hearing.

b. The subdivider of a proposed subdivision shall, upon request, present a stormwater drainage and flood control plan to the city for approval. The stormwater drainage and flood control plan shall be compatible with the approved stormwater disposal standards as adopted by the council and administered by the public works department and county health officer.

c. Drainage control and stormwater easements shall be provided in proper location and of sufficient width in accordance with drainage design standards as adopted by the city and administered by the public works department.

12. Blocks and Lots.

a. Blocks shall be so designed as to assure traffic safety and ease of traffic control and circulation. Blocks shall be wide enough to allow for two tiers of lots unless the topography or other factors dictate the use of one tier or reverse frontage lots.

b. Blocks designed for business and industrial use shall be designed specifically for such purposes with adequate space set aside for limited access off-street parking and delivery facilities as provided in DPMC Title 18.

c. Every lot shall be provided with access to an approved private and/or public road; however, access shall be provided other than directly with a arterial as designated by the council.

d. Minimum frontage widths, except for curvilinear and cul-de-sac streets, for the appropriate frontage required for the zone classification will be measured at the edge of the right-of-way. Frontage requirements for curvilinear or cul-de-sac streets shall be as provided in the policy on cul-de-sac development adopted by the commission and council.

13. Utilities.

a. Easements for electric, telephone, water, sewer, gas and similar utilities shall be approved in writing by the utility of jurisdiction prior to final plat approval.

b. Electrical Utility. When the density of a proposed subdivision meets or exceeds three lots per gross acre within the exterior boundaries, said subdivision shall provide underground utility lines within public rights-of-way, alleys or utility easements, including, but not limited to, those for electricity, communications and street lighting. Where topography, soil, or other conditions make underground installation impracticable and the planning commission so finds upon written evidence presented by the supplier of such utilities, it may waive requirements for underground utilities provided the above ground utilities are provided from the rear of the parcels through improved alley rights-of-way.

c. Water Systems. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed water service provisions. The commission shall approve the subdivision only after a finding that appropriate provisions are made for water service pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan.

i. Water sources and facilities adequate for the proposed uses shall be provided in conformance with, and as deemed necessary by, the county health district, State Department of Health, the fire district and the city pursuant to their adopted standards. Plans for such facilities shall meet the minimum design requirements and construction standards which are in effect at the time the planning director accepts a preliminary plat application or a new action occurs pursuant to public hearing.

ii. Approval of the plan for domestic water and fire flow meeting the adopted water comprehensive plan guidelines, design requirements and construction standards shall be obtained by the subdivider from the city water department, the Spokane County fire district No. 4 chief, the county health officer and/or the Department of Health for the state of Washington.

d. Sewage Systems. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed sewage disposal provisions. The commission shall approve the subdivision only after a finding that appropriate provisions are made for sewage disposal pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan.

i. The subdivider of a proposed subdivision shall present a concept for disposal of sewage anticipated to be generated from the development of the proposed subdivision.

ii. Such concept shall be in conformance with adopted applicable local and state regulations and approved by the county health officer and city utilities department. If the proposed subdivision lies within an area serviced by the sanitary sewer system, the subdivider shall present to the city utilities director a sanitary sewer concept plan in conformance with the general sewer plan for the area and standards of the operating city utility, the county health officer, state and federal regulations.

14. Public Parks. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed recreational and park lands. The commission shall approve the subdivision only after a finding that appropriate provisions are made for recreational and park lands pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan for mini-parks, neighborhood parks and playgrounds and/or community park facilities, in terms of both the population to be served and the projected service area radius. Provisions for park lands shall be determined using either subsection (B)(14)(a) or (b) of this section, as deemed appropriate by the planning commission.

a. Ratio of park space to overall plat area shall be:

i. Plats less than five acres in gross area: no public park space required unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for mini-park or neighborhood park land.

ii. Plats five acres but less than 15 acres in gross area: one acre of recreational and park area unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for additional mini-park or neighborhood park lands.

iii. Plats 15 acres but less than 25 acres in gross area: three acres of recreational and park area unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for additional mini-park, neighborhood park or community park lands.

iv. Plats 25 acres or larger in gross area: recreational and park area as determined by the commission in consideration of the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan for mini-park, neighborhood park, and community park lands.

v. Where previous land has been dedicated to the city for recreational and park use within the mini-park, neighborhood park, and/or community park service radius of the proposed subdivision, but such land remains unimproved for recreational and park use, the commission, in lieu of additional recreational and park area dedication, may require the subdivider of the proposed subdivision to improve such previously dedicated land with irrigation systems, turf and landscaping, playfields, rest rooms, community buildings, and/or other related recreational and park use amenities as deemed appropriate by the commission, taking into consideration the cost of such improvements versus the market value of the land that would otherwise be required to be dedicated.

b. To finance recreational and public park space as required within the proposed plat, and to assure that all parties required to provide park areas shall assume the costs, in lieu of providing recreational and park areas required above, or improvement of existing lands as optionally required above, the planning commission may elect to allow the subdivider of lands to:

i. Sign a covenant agreeing to join an assessment district to pay for land for a public recreational and park facility at another location; or

ii. Pay into a trust fund established by the city for future purchase of recreational and park land and/or improvement of existing but not yet improved recreational and park land, a sum equivalent to the ratio of land required per subsections (B)(14)(a)(i) through (v) of this section at the estimated market value of the property being developed. In addition, the amount paid to the city will be refunded to the owner or developer of the subdivision after a period of 15 years if not utilized in the development of a new recreational and park facility or in the revitalization, redevelopment or expansion of an existing recreational and park facility serving the same portion of the city in accordance with the service radius parameters set forth in the capital facilities element of the comprehensive plan.

15. Shorelines Management Act. Design of plats will conform to all the appropriate goals, policies and use regulations of the Shorelines Management Act and the local rules and regulations promulgated thereto. (Ord. 722 § 27, 1998; Ord. 681 § 2, 1996)

17.28.060 Site improvements.

A. Roads and Drainage Systems.

1. Before final plat approval, all proposed roads and drainage facilities shown thereon shall be improved to meet the adopted standards of the city. All separate lots and tracts of the subdivision shall be provided access and proper drainage at the expense of the subdivider and in accordance with the current city street design and improvement standards, drainage design standards and standard plans.

2. The subdivider shall not start construction of roads and drainage facilities until all plans pertaining to the subdivision have been approved by the city engineer and appropriate permits acquired from the city. The city engineer shall inspect said work for compliance with city standards. The subdivider shall pay the cost of all required inspections.

3. Upon finding satisfactory completion of the work, the city engineer shall report the same in writing and make recommendations for acceptance to the city council. The council shall establish the roads in dedicated rights-of-way and accept all other public dedications imposed as a condition of preliminary plat approval only if it determines that:

a. Conditions imposed upon preliminary plat approval have been complied with.

b. The requirements of this title have been satisfied by the subdivider.

B. Water and Sewer Systems.

1. Water supply facilities shall meet the requirements of the city utilities department in accordance with the water comprehensive plan and general water plan for the city. In addition, all provisions of Chapter 248-54 WAC or subsequent revisions (Rules and Regulations of the State Board of Health) and rules and regulations of all other applicable agencies shall be complied with. Such facilities shall meet the applicable regulations pertaining to domestic water supply and fire flows to each lot within a subdivision.

2. Sewage disposal systems shall meet all design requirements and be in accordance with general sewer plans and the wastewater comprehensive plan, and as provided for in the codes and policies for sewage disposal systems for the city. Prior to sale, each lot shall be provided with hookups to an approved sewerage system and/or an approved on-site sewage disposal system site shall be available. Approval of a sewage disposal system will be required from all state and county agencies having jurisdiction.

C. Fire Protection System. Service mains, fire hydrants and stand pipes shall be designed to meet the city and county fire flow requirements pursuant to the Critical Water Supply Act and be installed in conformance with standards prescribed by the city engineer and fire chief.

D. Recreational and Park Land Improvements. Where recreational and park land improvements have been required by the city pursuant to DPMC 17.28.050(B)(14)(a)(v), whether within the subdivision or off-site, such improvements shall be installed in accordance with plans approved by the city and to the satisfaction of the city before final plat approval. The subdivider shall pay the cost of all required inspections of such recreational and park land improvements.

E. Performance. In lieu of full compliance with the foregoing site improvements concerning roads, drainage, water, sewer, site design, fire systems and on-site or off-site recreational and park land improvements, prior to the acceptance of such final plat, the subdivider shall provide reasonable assurance that full compliance will be met pursuant to Chapter 17.32 DPMC. (Ord. 722 § 28, 1998; Ord. 681 § 2, 1996)

17.28.070 Survey requirements.

A. Preparation of Subdivisions. The survey of every proposed subdivision and the preparation of preliminary and final plats thereof shall be made by or under the supervision of a registered land surveyor. All plats or replats filed for record and surveys for these plats or replats shall comply to all provisions of Washington state law and shall conform to standard practices and principles for land surveying.

B. Mapping Requirements. (In addition to requirements under DPMC 17.28.040, Final plat requirements).

1. The final plat map shall show:

a. All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto;

b. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing length of lines, scale of map and north arrow;

c. Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown;

d. Ties to adjoining surveys of record.

2. The allowable error of closure for the final plat shall not exceed one foot in 100,000 feet or 0.02 foot, whichever error is less.

3. Bearings and lengths are to be shown for all lines; no ditto marks are to be used.

4. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist.

5. Plat boundary and street monument lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a nontangent line. Spiral curves shall show chord bearing and length.

6. Lots along curves shall show arc length along curve and radial bearings at lot corners.

7. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds.

8. When elevations are needed on the final plat, permanent bench mark(s) shall be shown on the final plat in a location and on a datum plane approved by the city engineer.

9. The final plat shall indicate the actual net area for each platted lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet.

C. Control Monuments. Permanent control monuments in conformance with Spokane County monumentation standards shall be set or located at:

1. All angle points and curve points on the boundaries of the subdivision;

2. The intersections of centerlines of existing public roads directly adjacent to the subdivision with roads within the subdivision;

3. The intersections of centerlines of roads within the subdivision;

4. The beginning and ends of curves on centerlines.

D. Lot Corners. Every lot corner shall be marked with an iron rod or iron pipe marked in a permanent manner with the registration number of the registered land surveyor in charge of the survey. In addition, each lot corner shall be marked with a wooden stake.

E. Flood Hazard, Inundation or Geological Hazard. If any land in a subdivision is contiguous to or extends within 200 feet from the ordinary high water mark of a body of water or its associated wetlands which is under the direction of any shoreline program or subject to flooding inundation or geological hazard, the following requirements shall apply:

1. If any portion of a lot or parcel of a subdivision is subject to a known flood hazard, inundation or geological hazard, such fact shall be clearly shown on the preliminary and final plats.

2. The building setback line shall be shown on the preliminary and final plats establishing proper setback distances for the following hazards:

a. Flood Hazard. The building line shall be 200 feet horizontally landward from the ordinary high water mark or 50 feet horizontally landward from the edge of the 100-year flood plain, if known, whichever distance is greater.

b. Inundation. The building line shall be at least 25 feet from the area subject to periodic inundation at the discretion of the building official or his designee.

c. Geological Hazard. The building line shall be established so as to not intrude into any area identified on the plat as a potential geologic hazard.

3. The 100-year flood plain boundary and elevation shall be located on the preliminary and final plats under the supervision of the city engineer and planning department. If the channel of a stream which flows either continuously or intermittently within a subdivision or forms the boundary of a subdivision, such channel shall be defined by bearings and distances as it exists at the time of the survey.

4. A building setback line may be required to be shown on the plat in order to protect scenic resources, archaeological, historical areas and unique environmental features. (Ord. 681 § 2, 1996)