Chapter 16.04
LAND DIVISION
Sections:
16.04.030 Division of land by streets or rights-of-way.
16.04.040 Redivision of land within short subdivisions.
16.04.050 Dedications and reservations.
16.04.060 Improvements for subdivisions, short subdivisions and binding site plans.
16.04.080 Underground utilities.
16.04.090 Installment requirements.
16.04.110 Construction on surety/bond approval.
16.04.120 Off-site improvements and unimproved abutting streets.
16.04.130 Exceptions for off-site improvements.
16.04.140 Inspection certification.
16.04.180 Maintenance agreement.
16.04.190 Required maintenance.
16.04.010 Purpose.
The purpose of this chapter is to establish general provisions and requirements related to dividing land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, in accordance with the Comprehensive Land Use Plan, the UDC, and Chapter 58.17 RCW. The specific procedures for land division follow in Chapter 16.04, administration. (Ord. 1047 §2(part), 3(part), 2004).
16.04.020 Exemptions.
Land division shall not apply to:
A. Cemeteries and other burial plots while used for that purpose.
B. The division of land into lots or tracts, each of which is one-thirty-second of a section of land, or larger, or twenty acres or larger if the land is not capable of description as a fraction of a section of land; provided, the division meets the minimum lot size zoning requirements for the area involved; and provided further, that for the purpose of computing the size of any lot under this subsection which borders on a street or street, the lot size shall be expanded to include that area which would be bounded by the centerline of the street or street and the side lot lines of the lot running perpendicular to such centerline.
C. Divisions made by testamentary provisions or the laws of descent.
D. Divisions of land into lots or tracts classified for industrial or commercial use when approved through a binding site plan for the use of the land in accordance with Section 16.04.190 of this chapter.
E. A division for the purpose of lease when no residential structure other than manufactured homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan in accordance with Section 16.04.190 of this chapter.
F. A division made for the purpose of alteration by adjusting boundary lines, between platted, or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.
G. Divisions of land into lots or tracts if:
1. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
2. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;
3. The city has approved the binding site plan for all such land in accordance with Section 16.04.190 of this chapter;
4. Such approved binding site plan is recorded with Grays Harbor County; and
5. The binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city and in accordance with such other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by the city:
a. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land;
b. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
c. If not approved pursuant to (a) and (b) of this subsection, then pursuant to such other procedures as the city may have established for the approval of a binding site plan.
H. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.
I. Any division of land by condemnation or sale to an agency or government vested with the power of condemnation. (Ord. 1047 §2(part), 3(part), 2004).
16.04.030 Division of land by streets or rights-of-way.
The city declares that a parcel has not been divided into separate, legal lots by any one of the following:
A. A state or federal road or highway;
B. A city street that has been adopted as part of the city street system; or
C. A city street right-of-way that has been acquired or accepted by the city. (Ord. 1047 §2(part), 3(part), 2004).
16.04.040 Redivision of land within short subdivisions.
Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of nine lots within the original short plat boundaries. (Ord. 1047 §2(part), 3(part), 2004).
16.04.050 Dedications and reservations.
A. Applications for land divisions may include provisions for open space, drainage ways, or streets in land divisions by dedicating land for public use, by reserving land for future public acquisition and development, or by conveying land or easements therein to nonprofit corporations for use by all or a limited segment of the public.
B. All dedications and reservations shall be recited on the face of the short plat or final plat, as well as incorporated in such documents as may be needed to reflect the assignment of interest. Dedications shall be required by the city only when the need for such dedication is supported by the site-specific impacts of the proposed land division and/or uses allowed on the lots created through this chapter.
C. Lands or easements shall be deeded to the public by quitclaim deed. Refusal of the city to accept a dedication shall not be grounds for disapproval of the land division. (Ord. 1047 §2(part), 3(part), 2004).
16.04.060 Improvements for subdivisions, short subdivisions and binding site plans.
All subdivisions and binding site plans shall be in accordance with all written and adopted plans policies, and ordinances of the city of Elma, including but not limited to:
A. The Elma Municipal Code;
B. The Comprehensive Land Use Plan;
C. The General Sewer Plan and Facilities Plan;
D. The Water System Plan;
E. The Capital Facilities Plan; and
F. The Washington State Department of Transportation Design and Construction Manuals. (Ord. 1047 §2(part), 3(part), 2004).
16.04.070 Street names.
All streets shall be named or numbered as specified by the city. The land divider is encouraged to submit requested street names to the city for its consideration. (Ord. 1047 §2(part), 3(part), 2004).
16.04.080 Underground utilities.
Electrical power, telephone, cable television, fiber optics and other transmission lines shall be installed underground. (Ord. 1047 §2(part), 3(part), 2004).
16.04.090 Installment requirements.
Before final approval of a subdivision, binding site plan, or short subdivision with required public improvements, all required public improvements shall be installed or provided for by surety or other method as approved by the city. (Ord. 1047 §2(part), 3(part), 2004).
16.04.100 Design and review.
A licensed professional civil engineer shall design all public improvements and private streets and his or her signature shall appear on each sheet of the design plans. The city engineer shall review the design of all public improvements and private streets for conformance with city standards. (Ord. 1047 §2(part), 3(part), 2004).
16.04.110 Construction on surety/bond approval.
A. In lieu of construction of improvements, a land divider may provide a surety equal in value to not less than one-hundred and twenty-five percent of the contract cost of the deferred improvements or as estimated by the city engineer. The surety shall cover all improvements required as a condition of approval, including but not limited to: public/private streets, utilities, streetlights, drainage facilities, landscaping, walkways, paths and recreation facilities. The surety shall meet the approval of the city attorney.
B. The city shall not release or reduce sureties for completed or partially completed required improvements except under the following conditions:
1. The land divider has submitted a schedule of improvements, the sequence for completion and the value of each part of the improvement for which a release of surety may be sought;
2. Each segment of a required improvement shall be usable by itself without completion of the remainder of the improvement;
3. Each segment shall receive inspection and approval by the city before release of the surety for that part of the improvement;
4. The total of all partial releases or reductions on each improvement shall constitute no more than one hundred percent of the estimated value of the entire completed improvement; and
5. All releases or reductions of sureties shall be approved in writing by the city engineer. (Ord. 1047 §2(part), 3(part), 2004).
16.04.120 Off-site improvements and unimproved abutting streets.
Applicants for land division shall construct all off-site improvements and unimproved abutting streets necessary for the development except as noted in Section 16.04.110 of this chapter. Latecomers agreements, in accordance with Chapter 35.91 RCW, and approved by the city council, may be drawn for those portions of off-site improvements and abutting streets built by the land divider which benefits other properties. (Ord. 1047 §2(part), 3(part), 2004).
16.04.130 Exceptions for off-site improvements.
A. Off-site improvements not immediately required to support the development may be deferred with an approved surety and waiver of protest/special power of attorney for a future local improvement district established for construction of the improvement or other such agreement. After formation of said local improvement district, the surety shall be released.
B. A waiver of protest/special power of attorney for local improvement districts shall be required for all abutting unimproved streets not constructed by the land divider. (Ord. 1047 §2(part), 3(part), 2004).
16.04.140 Inspection certification.
The public works director or his/her designee shall make periodic and final inspections of all constructed public improvements. Upon completion, the public works director shall certify in writing the method of construction, workmanship, materials and testing of the improvements. In the case of sanitary sewers, the public works director may require a report from a qualified firm that has inspected the installation by use of a video surveillance system. (Ord. 1047 §2(part), 3(part), 2004).
16.04.150 As-built drawings.
Within thirty days of certification, the land divider shall provide the public works director with as-built drawings, warranties, and other documents of the improvements and materials used therein. (Ord. 1047 §2(part), 3(part), 2004).
16.04.160 Maintenance.
The land divider shall be responsible for the maintenance and timely repair of all public improvements for a period of twenty-four months following final certification by the public works director. (Ord. 1047 §2(part), 3(part), 2004).
16.04.170 Acceptance.
Public improvements shall be deemed accepted by the city two years from the date the public works director’s certification. The period for acceptance may be extended by council action on recommendation by the public works director. (Ord. 1047 §2(part), 3(part), 2004).
16.04.180 Maintenance agreement.
The land divider shall submit a maintenance agreement covering all required public improvements and existing public improvements that may become damaged, disturbed, or modified during construction of the land division or private improvements therein. (Ord. 1047 §2(part), 3(part), 2004).
16.04.190 Required maintenance.
The land divider shall complete any required maintenance within a reasonable time as determined by the public works director or reimburse the city for maintenance it might perform. The city may perform maintenance at the land divider’s expense on any public improvement if the land divider fails to complete the work within the specified time or if timely completion is necessary for the public health, safety or welfare. Maintenance performed by the city during the required maintenance period does not waive the land divider’s responsibility for required maintenance. (Ord. 1047 §2(part), 3(part), 2004).
16.04.200 Surety.
The city may require the land divider to submit a surety for maintenance equal in value to fifteen percent of the total value of the required public improvements certified by the public works director. (Ord. 1047 §2(part), 3(part), 2004).