Chapter 17.20
PRELIMINARY SUBDIVISION/PLATS

Sections:

17.20.010    Preliminary subdivision/plat.

17.20.020    Compliance generally.

17.20.030    Presubmission conference.

17.20.040    Application for preliminary plat.

17.20.050    Format and contents of drawing for preliminary plat.

17.20.060    Procedure for review and approval.

17.20.070    Public hearing notice.

17.20.075    Criteria which may be required of preliminary plats.

17.20.080    Planning commission review and recommendation.

17.20.090    Town council review of preliminary plats.

17.20.100    Time period for council action on a preliminary plat.

17.20.110    Council approval – Effect – Duration.

17.20.120    General improvements.

17.20.130    Improvements – Required in accordance with town standards and requirements.

17.20.140    Permits, installation of improvements and inspections.

17.20.150    Bondings in lieu of improvements – Deferred improvements.

17.20.160    Preliminary plat completion and request for final plat filing.

17.20.010 Preliminary subdivision/plat.

The following are specific requirements for preliminary subdivision/plats in addition to those set forth in the other chapters of this title. Preliminary subdivision/plats are required for proposed divisions of land into five or more lots, plots, tracts or two or more blocks. (Ord. 92-9 § 3, 1992).

17.20.020 Compliance generally.

No person, firm or corporation having made a plat or subdivision of land containing five or more lots, plots or tracts, or having made a plat or subdivision containing a dedication of any part thereof as a public street or highway, shall sell such subdivision or plat, or any part thereof, or shall proceed with any construction work on the proposed subdivision, other than improvements authorized in this title until he or it has obtained from the town planning commission and town council the preliminary approval of the proposed plat, subdivision or dedication pursuant to the prescribed rules and regulations contained in this title. (Ord. 92-9 § 3, 1992).

17.20.030 Presubmission conference.

Prior to the submission of a preliminary plat application, and with an appointment, the land divider or his/her representative shall meet with the public works director to discuss preliminary sketches or design studies. Although no specific submittal standards are outlined herein, it should be pointed out that the content and clarity of the submittal may directly affect the ability of the staff to give prompt and complete input on the project. At this time, the public works director shall make available all pertinent information as may be on file relating to the general area and the specific site under consideration. It is the purpose of this conference to eliminate as many potential problems as possible in order for the project to be processed without delay. The conference should take place prior to detailed work by an engineer, planner or surveyor. Discussion topics at this time would include such things as the comprehensive plan, Eatonville Public Works Development and Construction Standards, Road and Storm Standards, Shoreline Master Plan, zoning, availability of sewer and N401 water, stormwater management, latecomer charges, development concepts, wetlands and sensitive area requirements, other requirements and permits, and the potential environmental impact of the project. If the applicant owns adjacent land, a master plan of future development of his/her total property may be required of the applicant and discussed. (Ord. 92-9 § 3, 1992).

17.20.040 Application for preliminary plat.

A. Application by Owner. An application for approval of the preliminary plat shall be made to the department of public works by the owner or owners of the parcel or parcels intended to be developed as a unit or by a duly authorized agent or agents of the owners indicated in writing. The owner or owners of all plats to be included must-join in or be represented in the application.

B. Contents of the Application. The application shall include the follows:

1. Preliminary plat application forms provided by the town;

2. A reproducible sepia and 10 copies of the proposed preliminary plat drawn to a scale of one inch equals 40 feet although other engineering scales may be used at the approval of the director of public works;

3. The preliminary plat filing fee, the amount of which shall be set by resolution of the town council from time to time;

4. A letter from a title company or assessor showing the names, addresses and parcel numbers from the current assessor’s roll of all owners of property located within 300 feet of the exterior boundaries of the proposed subdivision;

5. A title report or plat certification issued by a title company which shows property ownership and any easements or other encumbrances;

6. A completed environmental checklist and/or a draft of environmental impact statement (EIS) pursuant to EMC Title 15;

7. Identification and mitigation of wetlands and other sensitive areas as set forth in EMC Title 15.

C. Hearing. The preliminary plat shall not go to the planning commission for hearing until:

1. A declaration of nonsignificance or mitigated declaration of nonsignificance has been issued by the responsible official in accordance with EMC Title 15; or

2. A draft EIS has been circulated for the full review period for critical comments required by the State Environment Policy Act and EMC Title 15;

3. The application is complete including design of proposed utilities, roads and other improvements to be constructed;

4. Review by public works and the staff report with recommendations is completed; and

5. Proper notification for public hearing and notification of those within 300 feet has been completed. (Ord. 92-9 § 3, 1992).

17.20.050 Format and contents of drawing for preliminary plat.

A. The preliminary plat tracings and prints shall have dimensions of 24 inches by 36 inches, and prints shall be submitted folded to nine inches by 12 inches. A scale 50 feet to the inch is preferred; other scales may be used upon approval of the public works director.

B. The preliminary layout shall contain the following information:

1. Proposed name of subdivision/plat;

2. Legal description of location, including location by section, township and range;

3. Name, address and phone number of the developer;

4. Name, address and phone number of the property owner;

5. Name, address and phone number of the registered land surveyor preparing the plat;

6. Scale of plat, date and north point;

7. Existing topography of the land indicated by contours at five-foot intervals or less where average slope exceeds five percent and two feet where average slope is less than five percent, except where a slope is in excess of 50 percent, then the interval may be 10 feet. All elevation shall be based on the town of Eatonville datum;

8. Basis of bearings;

9. Tentative boundary lines of the subdivision, with approximate length and bearing of lines;

10. Relationship of the subdivision to section and half-section lines and to any adjacent town boundary lines, and distance and bearings to the nearest official monuments;

11. The location, widths and names of streets or other public ways, easements, railroad utility rights-of-way, both within the subdivision and those adjacent to or leading into the subdivision;

12. Location of land intended to be dedicated to public use or reserved in the deeds for the use of all property owners in the subdivision;

13. Numbers and dimensions of lots and blocks;

14. Location of watercourses and other important features;

15. The names of immediately adjacent subdivisions;

16. Existing permanent buildings or structures within or adjacent to the tract;

17. Where the preliminary plat covers only a part of the subdivider’s entire holding, a sketch of the prospective street system of the part not submitted must be furnished, and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted;

18. A vicinity sketch at a scale of not more than 800 feet to the inch showing the proposed plat in relation to surrounding property;

19. Land use zoning classification and the flood plain zone classification;

20. The land or lot divisions of adjoining properties within 100 feet of the boundary of the plat;

21. Location, widths and names of existing or prior platted and proposed streets, railroad or utility rights-of-way or easements, parks or other public spaces, pedestrian walkways and existing permanent structures to be retained within and adjacent to the proposed plat. In a replat the original lots, blocks, streets and easements shall be shown in dotted lines in scale with the proposed replat;

22. Proposed methods of providing for stormwater disposal, sanitary sewage disposal and water supply, and existing and proposed water and sewer lines, utilities on, under, or over the land showing approximate size, grades and locations;

23. Layout, approximate area, number, and approximate dimensions of proposed lots;

24. Location of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage;

25. Typical roadway section, right-of-way to right-of-way, and approximate grade for all proposed streets;

26. The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations, lot lines, yard requirements and utilities;

27. Location of ganged mailbox support structures, assignment of lots to mailbox locations, and assignment of mailbox support structure maintenance responsibility.

C. Lots shall be numbered consecutively from one to the total number of lots in the proposed plat, and the total square feet in each lot shall be shown.

D. Where roadways within a proposed subdivision exceed the maximum grades, the public works director may require from the subdivider sufficient data, including centerline profiles if necessary, to determine the feasibility of said roadway.

E. Any restrictive covenants proposed shall not be in conflict with any existing town ordinances and shall be submitted for review if the public works director deems it necessary when in the public interest. (Ord. 98-07 § 4, 1998; Ord. 92-9 § 3, 1992).

17.20.060 Procedure for review and approval.

The procedure for review and approval of a subdivision shall consist of the following steps:

A. Review of the preliminary plat application by the town staff to determine whether the application is complete and is acceptable for filing with the town, including the environmental checklist and/or environmental impact statement. Final decision on accepting the application material as complete with be made by the director of public works. The date upon which the director determines that all required materials have been submitted by the subdivider shall constitute the filing date for the preliminary plat after which the review process shall begin.

B. 1. Submission of the environmental checklist received from the applicant to the designated environmental officer for his determination of significance:

a. If a determination of nonsignificance (DNS) is determined then this is submitted to the planning commission after the required public notification by publishing the DNS and appeal time,

b. If a mitigated determination of nonsignificance (MDNS) is determined this will be submitted to the planning commission after review with the applicant and after the required publishing of the MDNS and appeal time,

c. If a determination of significance (DS) is determined and an environmental impact statement (EIS) is required, the applicant shall have an environmental impact statement completed at his expense by a qualified person or company acceptable to the town. The draft environmental impact statement shall be review approved by the town and a final environmental impact statement issued in accordance with EMC Title 15;

2. Upon completion and approval of the environmental impact statement by the town and the required publishing and appeal time, the environmental impact statement will be submitted to the planning commission.

C. Review of the proposed preliminary plat by the department of public works, building department, and other town departments in order to determine compliance with state and local laws and regulations. The department heads within the scope of their municipal functions shall make their respective recommendations regarding the proposed subdivision plat in written form to the director of public works and the mayor.

D. Submission of the proposed preliminary draft along with the comments or recommendations of interested departments or agencies, and the EIS checklist along with the determination of nonsignificance or mitigated determination of nonsignificance or the environmental impact statement shall then be submitted to the planning commission.

E. Notice of Public Hearing. After having received the proposed subdivision plat, as set forth in the preceding subsections, and after completion of a final environmental impact statement, if necessary, or negative declaration, the public works director, with concurrence of the chairman of the planning commission, shall set a date for a public hearing before the town planning commission and shall give notice by arranging publication of at least one notice not less than 10 days prior to the hearing in the newspaper of general circulation in the town. Additional notices shall be mailed to the person who own or are contract purchasers of land adjacent to and outside (within 300 feet) of the proposed subdivision plat. All hearing notices shall include a legal description of the location of the proposed subdivision and either a vicinity location sketch or a location description in nonlegal language. All hearings shall be public pursuant to Chapter 42.32 RCW.

F. Notice of Filing. The planning director or, in his/her absence, the town clerk shall given notice of the public hearing on a preliminary plat indicating the legal description, a small map showing location, subdivision acreage, number of homes or building lots and the hour and location of the first hearing on the preliminary plat to the following:

1. The Eatonville school district,

2. The Washington State Department of Highways when a proposed subdivision is to be located adjacent to the right-of-way of a state highway,

3. The Washington State Department of Ecology when the proposed subdivision lies within a designated flood control zone pursuant to Chapter 86.16 RCW,

4. The public utility firms when the proposed subdivision proposes the uses of any public utilities (e.g., power and light, natural gas, telephone and etc.),

5. Tacoma-Pierce County health department,

6. Pierce County executive, when the proposed subdivision will adjoin municipal/county boundaries or is in joint planning areas of the town and county.

G. Planning Commission Review and Recommendation. The planning commission shall review all preliminary plats for subdivisions and dedication and make recommendations to the town council to assure conformance to the provisions of this title, the town comprehensive plan, and other planning standards and specifications as adopted by the town. The chairman of the planning commission shall provide for the submission of the preliminary plat and their recommendations of the planning commission to the town council for approval or disapproval; and setting a date for public hearing if council so desires.

H. The town council shall review the planning commission recommendations and the preliminary plat in accordance with EMC 17.20.090.

I. Upon approval of the preliminary plat by the town council with or without changes and recommendations, the public works director and mayor shall indicate approval of the preliminary plat by their signatures after the plat drawing and proposed improvements have been reviewed by the applicant in accordance with the town council’s approval conditions. The preliminary plat shall be recorded by the applicant in the county auditors office. (Ord. 92-9 § 3, 1992).

17.20.070 Public hearing notice.

A. In all cases upon acceptance of the application and completion of either a draft environmental impact statement or a threshold determination which would not require preparation of an environmental impact statement, the director shall set a date and time for a public hearing to be held by the planning commission to consider the proposed preliminary plat.

B. Notice of a public hearing shall be given as follows and shall be paid for by the applicant:

1. By publication of a notice in a newspaper of general circulation in the town not less than 10 days prior to the date of the hearing; and

2. By sending notices by certified, return requested mail not less than 10 days prior to the date of the hearing to the property owners within 300 feet of the exterior boundaries of the property to be subdivided, using for this purpose the names and addresses of the owners as shown in the certificate letter from the title company required in EMC 17.20.040(B)(4);

3. By sending notices by mail not less than 10 days prior to the date of hearing as set forth in EMC 17.20.060(B)(6) to:

a. Eatonville school district,

b. Washington State Department of Transportation,

c. Washington State Department of Ecology,

d. Public utility firms serving the area,

e. Tacoma-Pierce County health department,

f. Pierce County executive.

C. Any notice required by this chapter shall include the time, date, location and purpose of a hearing, a legal description of the location of the proposed subdivision, either a vicinity location sketch or a location description in nonlegal language, and the fact that further information is on file at the public works department.

D. Failure of a person to receive a notice shall not invalidate the proceedings in connection with the approval of the preliminary plat. (Ord. 92-9 § 3, 1992).

17.20.075 Criteria which may be required of preliminary plats.

In addition to items indicated in EMC 17.20.080, general improvements set forth in EMC 17.20.120 and improvements required in EMC 17.20.130, the following criteria may be required of the preliminary subdivision if recommended by the town administration staff and/or planning commission:

A. Dedication. Dedication of land, provision of public improvements to serve the land division, and/or payment of impact fees allowed by state law, to any public body, may be required as a condition of land division approval. Evidence of such dedication and/or payment shall accompany final land division approval. Dedications, the provisions of public improvements, or impact fees imposed shall be in conformance with state law and town ordinance;

B. Flood Hazard Areas. The staff shall consider the physical characteristics of a proposed land division site, and may disapprove a proposed division because of flood, inundation or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final land division. No division shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW, without, the prior written approval of the State Department of Ecology;

C. Health Department. As a condition of preliminary land division approval, the health department may require plan modifications in those instances where topography, soils, water table or other conditions are such that the changes are necessary in order to prevent possible health hazards due to groundwater or surface water contamination or sewage disposal system malfunction;

D. School District. When a proposed division wholly or partially contains a school site proposed in the comprehensive plan or other officially adopted plans, as a mitigation measure in an environmental document or determination, or when the school district finds a reasonable foreseeable need for such a site, the applicant may be required to dedicate a portion of the division or reserve it for future purchase by the school district. The town shall require evidence of need from the school district and agree to such need as a prerequisite to requiring dedication or reservation. The staff may recommend a time limit on the effective period of any reservation;

E. Fire Department. When the affected fire department finds a reasonable foreseeable need for a site wholly or partially contained within the preliminary land division, the applicant may be required to dedicate a portion of the site or reserve it for future dedication. Evidence of need from the fire department and staff agreement to such need is a prerequisite to requiring dedication or reservation. The staff may recommend a time limit on the effective period of any reservation;

F. Parks. When a preliminary division includes the area of a trail or open space network which is indicated in the park plan element of the comprehensive plan or other officially adopted plan, an area encompassing such trail or open space network may be required to be set aside for its intended purpose. It may be provided by the granting of a trail or open space easement to the town, dedication or reservation for future purchase by the public. The staff may determine a reasonable time or specify the event, limiting the effective period of the reservation. As a part of a project’s environmental review, the town’s fees in lieu of dedication system may be used in concert with this element;

G. Shoreline Management. Whenever a preliminary division of land is wholly or partially located within an area subject to the jurisdiction of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, the applicant shall comply with the Shoreline Master Program for the Pierce County Region, Chapter 90.58 RCW, as amended. (Ord. 92-9 § 3, 1992).

17.20.080 Planning commission review and recommendation.

A. At the public hearing and prior to taking action on the proposed plat, the planning commission shall make “findings of fact” which represent the official determination of the commission.

B. The findings of fact shall include the following:

1. Whether the proposed plat is consistent with the comprehensive plan and town planning standards and specifications;

2. Whether appropriate provision was made for:

a. The public health, safety and general welfare,

b. Open spaces,

c. Drainageways,

d. Streets or roads, alleys, other public ways,

e. Potable water supplies,

f. Sanitary wastes,

g. Parks and recreation,

h. Playgrounds,

i. Schools and school grounds, considering all relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

3. Whether the public use and interest will be served by the subdivision and the dedications proposed.

C. The findings of fact required by subsection (B) of this section shall be supported by written statements from the town’s department of public works.

D. The commission shall recommend approval, disapproval or approval subject to conditions or modifications of the proposed plat, and shall document such action in writing signed by the chairperson of the planning commission. If the commission finds that the proposed subdivision and dedication make appropriate provisions as required by the provisions of subsection (B)(2) of this section and that the public use and interest as required by subsection (B)(3) of this section will be served, then the commission shall recommend approval of the proposed subdivision and dedication. The resolution shall contain the findings of fact of the commission and a short summary of the evidence supporting those findings, and shall be filed with the department of public works and a copy sent to the developer.

E. The chairman of the planning commission shall forward its recommendation in writing to the town council not later than 14 days after written decision by the planning commission is issued. (Ord. 92-9 § 3, 1992).

17.20.090 Town council review of preliminary plats.

A. Upon receipt of recommendations of the planning commission on the preliminary plat, the date shall be set for the public meeting where the town council shall review the commission’s recommendations.

B. The hearing by the planning commission as provided for by EMC 17.20.070 shall constitute the hearing by the council. Council review of a preliminary plat shall be limited to review of the minutes, written staff report, and any written recommendation received from other agencies and any other written testimony submitted at the planning commission hearing, unless the council decides at the public meeting to schedule its own public hearing. Any interested party may submit an argument either orally or in writing for or against the planning commission’s recommendations, and/or findings of fact, which shall become a part of the record before the council. At its discretion, the council may request information from any staff member or party for the purpose of clarification at the meeting.

C. If, after considering the matter at a public meeting, the council decides that a public hearing is required, a date for public hearing shall be set.

D. Notice of the public hearing, if any is held, before the council shall be given as provided for in EMC 17.20.070(B) and (C).

E. At the public hearing or public meeting, and prior to taking action on the proposed preliminary plat, the council shall make findings of fact which shall include those matters listed in EMC 17.20.080(B).

F. The council, after adopting findings of fact, shall by resolution approve, disapprove, or approve subject to conditions or modifications, the preliminary plat. If the council finds that the proposed subdivision and dedication make appropriate provision as required by the provision of EMC 17.20.080(B)(2) and that the public use and interest as required by EMC 17.20.080(B)(3) will be served, then the council shall approve the proposed subdivision and dedication. The resolution shall include the findings of fact and a short summary of the evidence supporting those findings, and shall be filed with the town clerk as a public record. (Ord. 92-9 § 3, 1992).

17.20.100 Time period for council action on a preliminary plat.

The preliminary plat or any proposed subdivision and dedication shall be approved or disapproved by the town council 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; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent by the town or its agencies in review and circulating the draft and final environmental impact statement. The date of filing of the application for the plat shall be the date of acceptance of the completeness of the application material by the director as provided for in EMC 17.20.060. (Ord. 92-9 § 3, 1992).

17.20.110 Council approval – Effect – Duration.

The approval of a preliminary plat by the town council is approval of the general acceptability of the layout and its relation to adjoining properties. Engineering detail shall remain subject to the approval of the public works director.

A. Approval of Final Drawings. After final approval of engineering drawings for the public facilities requested with an approved preliminary plat, the necessary permits may be issued and work commenced.

B. Issuance of Permits. Issuance of permits shall be contingent upon compliance with the conditions specified on the approval of the preliminary plat, approved water, sanitary sewer and storm drainage system, compliance with all engineering and survey requirements, other laws and regulations, state, local and federal, as may apply, and payment of all fees and bond obligation as may be required.

C. Plat Approval – Time Limits.

1. Nonphased Plats. Town council approval of preliminary plats which do not involve phasing shall be effective for five years.

2. Phased Plats. Town council approval of preliminary plats which include an approved phasing plan may be approved for longer than five years but for no more than seven years at the discretion of the town council and with the recommendation of the planning commission based on the complexity and size of the project; and provided, that the first phase of the plat be recorded within five years of the preliminary approval date.

3. Mandatory Progress Deadlines. Regardless of whether a plat is approved as phased or not, each plat will expire early if not in compliance with the following progress deadlines unless extended pursuant to subsection D of this section:

a. Deadline for Final Engineering Documents. Within two years of preliminary plat approval, final engineering documents must have been approved by the public works director.

b. Earthwork. Within two years of preliminary plat approval, earthwork in accordance with approved clearing and grading, erosion control, and stormwater management plans must have commenced as verified by the public works director.

D. One-Year Extensions. All preliminary plat time limits or deadlines as stated in subsection C of this section may be extended once for up to one year if approved by the town council; provided, that phased preliminary plats shall not be valid for more than eight years and nonphased preliminary plats shall not be valid for more than six years. Applicants seeking an extension shall file an application with the town clerk prior to the expiration of the preliminary plat. In considering an extension request the council shall consider the following:

1. The amount of construction remaining on the plat;

2. The minimum amount of time required to complete the plat;

3. The type of construction activities remaining and appropriate time of year for those activities;

4. Financial hardship of the applicant;

5. Impacts of an extension on adjacent property owners.

E.  Plat Expiration. If the plat is not given final plat approval by the town council within the required timeframes including extension(s) then the preliminary plat must be resubmitted to the planning commission for review and approval as a new proposal.

F.  Existing Preliminary Plats. Extensions for up to six years from the date of preliminary approval may be granted by the town council on preliminary plats previously approved by the town council and which have not received final plat approval. Preliminary plat owners seeking such an extension should file a written request with the town clerk. In considering an extension request the council shall consider the amount of work remaining on plat construction, the amount of time which would be required to complete remaining improvements, the type of construction activities remaining and the appropriate time of year for those activities, financial hardship, and the impacts that an extension of the unfinished preliminary plat would have on adjacent property owners. (Ord. 2009-01, 2009; Ord. 92-9 § 3, 1992).

17.20.120 General improvements.

A. Construction of improvements shall not commence until plans and profiles for such work have been approved by the director of public works.

B. All improvements shall conform to the standard construction specifications for the town of Eatonville; however, the director may require special treatment and so document in writing if unusual conditions warrant such treatment and the mayor concurs that the unusual conditions warrant such treatment.

C. All improvement plans shall be prepared by an engineer licensed by the state of Washington. Plans shall include extensions necessary to connect with existing streets and utilities. Plans shall show sufficient data to indicate that streets and utilities can be logically extended into future adjoining subdivisions. Plans shall be in accordance with town standards and specifications as set forth or referenced by code and shall be submitted to the public works director as follows:

1. A plan-profile map shall be prepared for streets and drainages. The vertical to horizontal scale shall be one inch equals five feet or one inch equals two feet, as approved by the director;

2. A plan-profile map shall be prepared for the sanitary sewer system at the same scales described in subsection (C)(1) of this section;

3. A plan map shall be prepared for the water system at the scales described in subsection (C)(1) of this section;

4. The plan maps and plan-profile maps shall show all existing and proposed topography, utilities, grades, subdivision lines, rights-of-way and all other features required by the public works director;

5. The plan maps, plan-profile maps and specifications shall be submitted to and approved and signed thereon by the public works director and the town engineer prior to proceeding with the proposed improvements;

6. All improvements shall be installed in accordance with the town standards and specifications as set forth herein, or as approved by the town council;

7. Any additional information pertaining to improvements shall be submitted as required by the public works director;

8. Have obtained all necessary permits from other agencies. (Ord. 92-9 § 3, 1992).

17.20.130 Improvements – Required in accordance with town standards and requirements.

All improvements shall be required in accordance with town standards and requirements as set forth or referenced in the Eatonville Municipal Code and Chapters 17.18 and 17.19 EMC. The following are minimum requirement improvements for each subdivision:

A. Roadways. All streets and alleys shall be improved by grading and constructing roadways consisting of asphaltic concrete paving or Portland cement concrete and base aggregate courses.

B. Curbs and Gutters. All streets shall be approved at each edge of the paved roadway with monolithic concrete curbs and gutters. Asphaltic curbs and gutters may be approved under special conditions if so approved by the public works director and mayor.

C. Sidewalks. Concrete sidewalks shall be provided on both sides of all streets; provided, that the town council may waive the timing of this requirement upon proof by the subdivider that there are unreasonably severe economic hardships and as such it is determined that construction of sidewalks would be most appropriate at the time a building permit is issued for development on the proposed lots.

D. Streetlights. Streetlights shall be installed by the developer at locations designated by the director.

E. Storm Sewers. Surface drainage from streets and other areas shall be disposed of through an adequate system of gutters, storm sewers, detention ponds, pipes, or swales.

F. Sanitary Sewers. Sanitary sewer facilities connecting to the existing town sewer system shall be installed to serve each lot and to grade, location, design and size approved by the director.

G. Potable Water System. A potable water distribution system, including fire hydrants, shall be installed to serve each lot.

H. Capacity for Future Development. The capacities and dimensions of water, sewerage, drainage and street facilities shall be adequate to provide for future needs of other undeveloped properties in the general vicinity. This may require extension of service through the property, or to the boundaries of the property.

I. Street Name Signs. The developer shall pay the town for the cost of the street name signs and the installation necessary in the subdivision prior to installation or the developer shall obtain and install such signs.

J. Public Walkways. Public walkways connecting cul-de-sac streets or cutting through long blocks shall be surfaced with concrete a minimum of six feet in width from street to street.

K. Survey Monuments. Concrete monuments with brass plugs shall be set at all points where street lines intersect the exterior boundaries of the subdivision, at all points of curvature in each street, or at points of intersections (in lieu of points of curvature when points in intersections are situated within street pavement), at all street intersections and at centers of cul-de-sacs. Subdivision corners shall be marked with rebar and caps.

L. Underground Electrical Distribution Lines. Electrical lines for serving the subdivision shall be placed underground and transformers shall be surface-mounted. The developers shall be responsible for payment of the cost of the design and installation by the town’s electrical department prior to the installation.

M. Underground Telephones and Cable TV. Telephone lines and cable TV for serving subdivision, except cable TV is not required for commercial or industrial subdivision, shall be installed underground.

N. Lot Corner Markers. All lot corners shall be marked with a five-eighths-inch steel bar, two feet long and driven flush with the finished grade and capped with plastic caps and in addition marked with a white one inch by one inch wooden post. (Ord. 92-9 § 3, 1992).

17.20.140 Permits, installation of improvements and inspections.

A. Permits. Prior to proceeding with subdivision improvements, the developer shall obtain such permits from the town as necessary per the Eatonville Municipal Code.

B. Inspection, Approval and Fees. The department of public works shall be responsible for the inspection and acceptance of all subdivision improvements, and shall collect a fee in addition to any other fees required by this chapter from the developer for such service in accordance with EMC 13.28.050. A deposit for the inspections shall be submitted to the town prior to start of work and shall be as follows:

Estimated Cost

of Required Public Improvements*

Inspection Fee

Deposit

Up to $10,000.00

Base fee of $200.00

$10,000.00 and over

Base fee of $200.00 plus 1% additional of the remaining esti-

mated cost

*Cost estimates shall be prepared by the department of public works.

(Ord. 92-9 § 3, 1992).

17.20.150 Bondings in lieu of improvements – Deferred improvements.

A. No final plat shall be submitted to or accepted by the town council until all improvements are constructed in a satisfactory manner and approved by the director of public works or adequate security has been posted with the town by the owner/developer for construction of deferred improvements.

B. In lieu of the completion of the actual construction of any requirement improvements whether on public streets, private streets, or on easements, prior to the approval of the final plat, the developer shall deposit a surety bond or other adequate security in amounts fixed by the director of public works guaranteeing the construction and completion within one year from date of final approval of the plat of the roads, the setting of monuments, the construction and completion of sidewalks, streetlights and street name signs, installation of drainage facilities and utilities, and all other work proposed by the developer and/or required by the preliminary plat.

C. The town reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other adequate security in lieu thereof. In case of any suit or action to enforce any provisions of this code, the developer shall pay to the town all costs incidental to such litigation including reasonable attorney’s fees.

D. The requirements of the posting of any bond or other adequate security shall be binding on the developer, his heirs, successors and assigns.

E. The performance security shall not be released by the town council until all improvements are made and accepted by resolution of the town council and a maintenance security in the amount of five percent of the cost of the improvements has been posted guaranteeing the repair of deficiencies in public facilities during the ensuing year. This maintenance security may also be used to satisfy the liens or materialmen, laborers, contractors and subcontractors performing work on the improvement to the extent that such security is available after the satisfaction of all costs associated with the repair of deficiencies in public facilities during the ensuing year.

F. The maintenance security may be cash, a certificate of deposit, a maintenance bond, a letter of credit, or note and first deed of trust on the lots, and shall be in a form satisfactory to the town. If a deed of trust is issued as the maintenance security, the number of lots secured shall be equal in value to twice the maintenance security required and shall be determined by the latest approved value of the lots or similar lots in the area. (Ord. 92-9 § 3, 1992).

17.20.160 Preliminary plat completion and request for final plat filing.

Upon completion of the preliminary plat, the improvements required and other requirements imposed as a condition of preliminary plat approval, the developer shall prepare the final plat and submit it to the town for approval per Chapter 17.22 EMC. (Ord. 92-9 § 3, 1992).