Chapter 17.32
ADMINISTRATION OF PROJECT PERMITS

Sections:

17.32.010    Purpose.

17.32.020    Applications for project permits.

17.32.030    Application conference for project permit applications.

17.32.040    Determination of completeness.

17.32.050    Notice of application.

17.32.060    Notice of decision.

17.32.070    Table of project permit application processes.

17.32.080    Table of project permit application approval processes.

17.32.090    Variance permits.

17.32.100    Conditional use permits.

17.32.110    Temporary use permits.

17.32.120    Site-specific official zoning map changes.

17.32.130    Shoreline substantial development, conditional use and variance permits.

17.32.140    Boundary line adjustments.

17.32.150    Alteration of subdivisions.

17.32.160    Vacation of subdivisions.

17.32.170    Short subdivisions.

17.32.180    Preliminary subdivisions.

17.32.190    Final subdivisions.

17.32.200    Binding site plans.

17.32.210    Appeal of a decision by the administrator.

17.32.220    Fees.

17.32.010 Purpose.

The purpose of this chapter is to establish procedures and responsibilities for administering project permits. Project permits shall include the following:

A.    Variance permits;

B.    Conditional use permits;

C.    Temporary use permits;

D.    Site-specific official zoning map changes;

E.    Shoreline substantial development, conditional use and variance permits; and

F.    Boundary line adjustments, alteration and vacation of subdivisions, short subdivisions, subdivisions and binding site plans. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.020 Applications for project permits.

A.    All applications for project permits under the UDC are available at the Elma City Hall from the administrator.

B.    The applicant shall designate a single person or entity to receive all determinations and notices. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.030 Application conference for project permit applications.

A.    The administrator may schedule a conference for any project permit application with an applicant no later than fourteen days after receiving an applicant’s application to:

1.    Review the application for completeness and compliance with provisions of the UDC and any other applicable city laws or regulations;

2.    Provide an exchange of information regarding the application, city regulations, requirements and procedures; and

3.    Identify any additional information required to make the application complete.

B.    The administrator may invite the city engineer, the public works director, or other city representatives, as deemed appropriate, to the application conference.

C.    If the applicant fails to attend the conference for a project permit application, the administrator shall notify the applicant in accordance with Section 16.04.040 that the application is incomplete. The city shall consider the application withdrawn if the applicant fails to reschedule an application conference with the administrator within fourteen days of the issuance of the determination of completeness. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.040 Determination of completeness.

The administrator shall review all project permit applications under the UDC to determine completeness. The procedures for determining the completeness of applications are as follows:

A.    Within twenty-eight days after receiving a project permit application, the administrator shall mail or provide in person a written determination to the applicant stating either that the project permit application is complete or incomplete, and if incomplete, what is necessary to make the application complete;

B.    If the applicant fails to provide the additional information, as requested, within sixty days, the city will consider the application as withdrawn by the applicant;

C.    Within fourteen days after the applicant has submitted additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary;

D.    If the city does not provide a timely written determination to the project permit applicant that the application is complete, the city shall deem the project application complete. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.050 Notice of application.

A.    Within fourteen days after deeming a project permit application complete, the city shall issue a notice of application for those project permit applications listed in Section 16.04.070 as requiring such notice.

B.    The contents of the notice of application shall include the following information;

1.    Date of receipt of the application by the city, date of determination of completeness, and date of notice of application;

2.    Description of project permit application including common location description and legal description;

3.    SEPA threshold decision and the location of any environmental documents or additional studies available for public review;

4.    The identification of other known permit applications related to the project permit application;

5.    A statement of the public comment period; and

6.    The date, time and place of any open record public hearing on the project permit application.

C.    The city shall distribute the notice of application by:

1.    Publishing it in the official city newspaper;

2.    Posting it on the subject site in a conspicuous place that is visible to the public; and

3.    Mailing it to all property owners of record within three hundred feet of the exterior boundaries of the subject property. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.060 Notice of decision.

In making a decision for any project permit application, the city shall provide to the applicant and to any person who submitted substantive comments on the application before the decision, a written notice of decision that includes the following:

A.    Findings and conclusions demonstrating a decision is supported by the record; and

B.    Procedures for appeal.

(Ord. 1047 §§2(part), 3(part), 2004).

17.32.070 Table of project permit application processes.

The table in this section summarizes the requirements for determination of completeness, open record public hearings, notice of application, and notice of decision for each project permit.

Project Permit

Determination of Completeness

Open Record Public Hearing

Notice of Application

Notice of Decision

Variances

Yes

Yes

Yes

Yes

Conditional uses

Yes

Yes

Yes

Yes

Temporary use permit

Yes

No

No

Yes

Site-specific official zoning map changes

Yes

Yes

Yes

Yes

Shoreline substantial development permit

Yes

No

Yes

Yes

Shoreline conditional use permit

Yes

Yes

Yes

Yes

Shoreline variance permit

Yes

Yes

Yes

Yes

Boundary line adjustment

Yes

No

No

Yes

Alteration and vacation of subdivisions

Yes

Yes

Yes

Yes

Short subdivisions

Yes

No

Yes

Yes

Preliminary and final subdivisions

Yes

Yes

Yes

Yes

Binding site plans

Yes

Yes

Yes

Yes

(Ord. 1047 §§2(part), 3(part), 2004).

17.32.080 Table of project permit application approval processes.

The table in this section summarizes the decision-making authority for each project permit application.

Project Permit

Action Taken by:

Administrator

Hearing Examiner

City Council

Variances

 

Decision

 

Conditional uses

 

Decision

 

Temporary use permit

Decision

 

 

Site-specific official zoning map changes

 

Recommendation

Decision

Shoreline substantial development permit

Decision

 

 

Shoreline conditional use permit

 

Decision

 

Shoreline variance permit

 

Decision

 

Boundary line adjustment

Decision

 

 

Alteration and vacation of subdivisions

 

Decision

 

Short subdivisions

Decision

 

 

Preliminary and final subdivisions

 

Decision

 

Binding site plans

 

Decision

 

(Ord. 1047 §§2(part), 3(part), 2004).

17.32.090 Variance permits.

A.    A variance permit provides a property owner relief when a strict interpretation of Chapters 17.20, 17.24, 17.28 and 17.40 of this code would impose unusual, practical difficulties or unnecessary hardships on the applicant. Unusual, practical difficulties or unnecessary hardships may result from special circumstances relating to the size, shape, topography, critical areas, location of existing structures, or surroundings of the property that preclude reasonable use and are not the result of the applicant’s actions.

B.    The hearing examiner shall conduct an open record public hearing on the variance permit application no earlier than fifteen and no later than thirty days from the issuance of the notice of application. The variance permit application shall meet the following conditions for approval:

1.    The variance permit is necessary because unusual, practical difficulties or unnecessary hardships exist for the applicant;

2.    The variance permit will be in harmony with the intent of the code and the Comprehensive Land Use Plan;

3.    The variance permit is for the minimum necessary adjustment to allow reasonable use of the property; and

4.    The variance permit will not confer a special privilege to the applicant not available to other properties in the same zoning district.

C.    The hearing examiner shall prepare written findings of fact and a decision of approval, approval with conditions, or denial of the variance application within fourteen days following closure of the open record public hearing.

D.    The decision of the hearing examiner shall be final within ten days unless appealed to superior court.

E.    A variance permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. Variance permits for off-street parking shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any variance permit issued for a specific period shall become invalid after the expiration of that period.

F.    An approved variance permit, including all attached conditions and modifications, shall automatically transfer to all successors in interest to the applicant. The hearing examiner may limit the right of transfer of the variance permit as a requirement of approval. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.100 Conditional use permits.

A.    Certain uses possess unique and special characteristics with respect to the location, design, size, method of operation, circulation, and/or demand on public facilities. The Table of Land Uses in Section 17.16.030 lists such uses as conditional uses. The conditional use permit process reviews these uses to ensure their compatibility with neighboring properties, based upon the following criteria:

1.    Environmental hazards and pollution;

2.    Traffic hazards and congestion;

3.    Street and road capacities in the surrounding area;

4.    Location and amount of off-street parking;

5.    Visual and auditory impacts;

6.    Obtrusive visual blight; and/or

7.    Any other unusual impact associated with the proposed conditional use.

B.    It shall be the responsibility of the applicant to demonstrate that a proposed conditional use will be compatible with neighboring properties by specifically addressing elements one through seven of UDC 13.10(A) as part of the initial application.

C.    Multifamily development in G-R and C-2 zoning districts:    with respect to multifamily residential development in the general residential (G-R) and neighborhood commercial (C-2) zones the burden shall be on the applicant to demonstrate that the proposed development meets the stated purpose for these districts to maintain "the same traditional patterns that exist in Elma today." [UDC 3.01(C)(1)] Examples that would warrant downsizing or denial of a proposal include, but are not limited to:

1.    Proposals that would require street upgrades to a design classification level more than one level above the existing classification levels for the surrounding neighborhood.

2.    Proposals that would reduce the traffic volume-to-capacity level of service standard by more than one level.

3.    Proposals that would result in a street classification that is designed to have higher average driving speed limits than the existing neighborhood network.

4.    Proposals that would increase the neighborhood population beyond what existing levels of service exist for neighborhood amenities, including parks and recreational facilities.

D.    The land use hearing examiner shall conduct an open record public hearing on the conditional use permit application no earlier than fifteen and no later than days from the issuance of the notice of application. The conditional use permit application shall meet the following conditions for approval:

1.    The conditional use permit is consistent with the purpose of the zoning district;

2.    The use will not cause or allow conditions that create general nuisances or hazards to life or property;

3.    The use conforms to the comprehensive plan; and

4.    The use meets all conditions and requirements of the zone in which it proposes to locate, the code in general, the comprehensive land use plan and other city laws and requirements.

E.    The hearing examiner shall prepare a written finding of fact, and a decision of approval, approval with conditions, or denial of the conditional use application within fourteen days following closure of the open record public hearing.

F.    The decision of the land use hearing examiner shall be final within ten days unless appealed to superior court.

G.    A conditional use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. Conditional use permits shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any conditional use permit issued for a specific time period shall become null and void after the expiration of that time period.

H.    The original applicant of an approved conditional use permit may transfer it to any successors in interest and all special requirements shall continue in effect as long as the use continues. The hearing examiner may limit the right of transfer of the conditional use permit as a requirement of approval. (Ord. 1195 §2 (Att. A), 2021; Ord. 1047 §§2(part), 3(part), 2004).

17.32.110 Temporary use permits.

A.    The administrator shall consider applications for temporary use permits. The temporary use permit application shall meet the following conditions for approval:

1.    The proposed temporary use will not be detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;

2.    The proposed temporary use is compatible with the purpose and intent of the Comprehensive Plan and all city laws and regulations;

3.    The location, days and hours of operation are compatible with the surrounding area;

4.    Adequate parking and traffic control can be provided in a safe manner;

5.    Any structures proposed for the temporary use comply with applicable building and fire codes;

6.    The proposed temporary use will not cause noise, light or glare which will cause unreasonable adverse impacts to surrounding land uses. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor or electrical interference to the detriment of adjoining property;

7.    Any proposed use of public right-of-way is authorized by the city;

8.    The property on which the use is located will be returned to the condition it was in before the use. The time is specified for the removal of the temporary use and all physical evidence of the use, and by which time the property shall be completely restored to its previous condition; and

9.    Evidence of financial responsibility in a form acceptable to the administrator may be required to assure compliance with the conditions of temporary use permit approval.

B.    In granting any temporary use permit, the administrator may attach conditions to the permit necessary to mitigate any possible adverse impacts.

C.    The decision of the administrator shall be final within ten days unless appealed to the hearing examiner in accordance with Section 17.32.210.

D.    A temporary use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within six months of the effective date thereof. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.120 Site-specific official zoning map changes.

A.    A site-specific official zoning map change is a project permit application for reclassifying the land use district designation for a parcel. An application for a site-specific official zoning map change shall meet the following criteria for approval:

1.    The change would benefit the public health, safety or welfare;

2.    The change is warranted because of changed circumstances or because of a need for additional property in the proposed land use district;

3.    The change is’ consistent with the purpose of the land use district, the UDC, and the Comprehensive Land Use Plan;

4.    The change will not be detrimental to uses or properties in the immediate vicinity of the subject property; and

5.    The change is consistent with all other city policies and laws.

B.    The hearing examiner shall conduct an open-record public hearing on the site-specific official zoning map change application at least fifteen but not more than thirty days after the city issues the notice of application.

C.    The hearing examiner shall take written and public testimony on the application, prepare findings, and forward a recommendation for approval, approval with conditions, or denial of the site-specific official zoning map change to the city council within fourteen days of the conclusion of the open record public hearing.

D.    Upon receipt of the hearing examiner recommendation, the city council, at their next public meeting, shall set a date for a public meeting to consider the recommendation of the hearing examiner as follows:

1.    The city council may adopt or reject the recommendation of the hearing examiner based on the record established at the open record predecision public hearing; or

2.    If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner recommendation is necessary, they shall adopt their own findings of fact to approve or disapprove the site-specific official zoning map change.

E.    The decision of the city council shall be final within ten days unless appealed to superior court. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.130 Shoreline substantial development, conditional use and variance permit.

A.    Once an applicant has determined a permit is required for a contemplated project he shall apply on forms provided by the administrator. On the day the applicant submits the completed form along with the application fee and other information, the official permit procedure begins. The administrator shall not accept incomplete permit applications.

B.    Each application for permit shall contain:

1.    Name, address, telephone number of applicant;

2.    Name, address, telephone number of property owners;

3.    Legal description of property;

4.    Common description of property;

5.    Name of associated shoreline or wetland;

6.    Drawings or text sufficient to fully explain the intended project which information must include:

a.    Indication of size and placement of all structures including bulkheads,

b.    Indication of size, grade, profile of all roads or other vehicular passageways,

c.    Indication of any and all water supplies, sewage disposal facilities and solid waste handling facilities,

d.    Relation of all physical development to the associated shoreline or wetlands,

e.    Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps or lakes.

7.    The intended starting and completion dates;

8.    The reason, if any, why this project requires a shoreline location as opposed to a nonshoreline location;

9.    If a variance is being requested, the application shall contain the applicant’s reasons why the variance should be granted;

10.    If a conditional use is being requested, the application shall contain the applicant’s explanation of why the conditional use should be granted, including notation of any special features of the proposed project that supports the request.

C.    Starting from the day of the publication of the notice of application, a thirty-day review period will commence during which the administrator shall evaluate the application and collect all relevant data, and solicit communications from persons and agencies wishing to express views on the application. The administrator shall examine each application for conflict with the policy statements contained in the master program. If a variance or conditional use request is part of the application the administrator shall schedule a public hearing during the last ten days of the thirty-day review period.

D.    At the end of the thirty-day review period, but within forty-five days, the administrator shall make a decision to approve or deny the application and the hearing examiner shall make any decisions to approve or deny conditional use or variance requests.

E.    The administrator will then transmit the decision(s) and findings required by Chapter 14.34 and other determinations by letter to the applicant and the Department of Ecology.

F.    The following provisions shall apply to permits:

1.    Substantial Development Permits. When the Department of Ecology receives the letter of decision, a twenty-one-day review period will commence, during which appeals to the local government decision can be made.

2.    Variance and Conditional Use Permits. After the city approves a conditional use or variance permit, the city shall submit the permit to the Department of Ecology for their approval, approval with conditions, or denial. The department shall render and transmit to the city and the applicant its final decision approving, approving with conditions, or disapproving the permit within thirty days of the date of submittal by the city pursuant to WAC 173-27-110.

G.    Should there be no appeal to the decision, either by the Department of Ecology, or by others, the Department of Ecology will allow the decision of the local government to stand, and at the end of the twenty-one-day period, if the local government decision was to approve, and if no other permits are needed or have been granted, the project may proceed. Should there be an appeal, the project applied for may not begin until all appeals are settled by the state hearings board.

H.    The hearing examiner may revoke the permit and halt the project if conditions written on the permit are not fulfilled or are violated or if other of these regulations are violated. Any such revocation shall be in the form of a "cease" or "desist" order from the prosecuting attorney or city attorney, obtained at the request of the hearing board and served by the administrator. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.140 Boundary line adjustments.

A.    The administrator shall provide the application and review the content for boundary line adjustments. In addition to the contents of a complete application, a complete application for a boundary line adjustment shall include the following information and documents:

1.    A mylar and four copies of a plat showing of the subject properties with the following items:

a.    The proposed lines for all affected lots, indicated by heavy solid lines;

b.    The existing lot lines proposed to be changed, indicated by heavy broken lines;

c.    The location and dimensions of all structures or improvements existing upon the affected lots and the distance between structure or improvements and the proposed lot or boundary lines;

d.    The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.;

e.    The position of rebar and caps set at each new property corner;

f.    All parcel numbers of affected lots;

g.    The location of the property to quarter or quarter section;

h.    The location and dimensions of any drain field, easement, or right-of-way existing within or adjacent to any affected lots;

i.    The area and dimensions of each lot following the proposed adjustment;

j.    The existing, and if applicable, proposed future method of sewage disposal for each affected lot.

2.    A preliminary title report showing all persons having an interest in the lots affected by the boundary line adjustment. The preparation date of the preliminary title report must be no more than thirty days before the submittal of the application by the developer.

3.    The plat showing the boundary line adjustment shall contain all survey information required for a record of survey under the "Survey Recording Act," Chapter 58.09 RCW and Chapter 332-130 WAC.

4.    The required application fee in accordance with the established fee schedule.

B.    The administrator shall forward a copy of the boundary line adjustment to the county assessor. The county assessor shall review the boundary line adjustment for accuracy of legal description, ownership, lot dimensions and improvements on the lots.

C.    If the administrator determines that an application for boundary line adjustment may impair drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities, or fire protection for any lot, tract parcel, site, or decision, he shall refer the application to the appropriate department for review.

D.    Following receipt of the comments from consulted departments, the administrator shall approve or deny the requested adjustments.

E.    After approval, the developer must record the boundary line adjustment, together with deeds of conveyance signed by parties disclosed in the title report when the adjusted boundary separates different ownerships. If the record of survey and required deeds of conveyance have not been recorded within thirty days of boundary line approval, the boundary line adjustment shall be null and void.

F.    The approval of a boundary line adjustment shall not be a guarantee that the city will grant future permits for any structure or development within a lot affected by the boundary line adjustment.

G.    The city shall approve or disapprove an application for a boundary line adjustment within thirty days of the determination of completeness unless the applicant consents to an extension of time.

H.    The decision of the administrator shall be final within ten days unless appealed to the hearing examiner in accordance with Section 17.32.210. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.150 Alteration of subdivisions.

A.    Any person interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the administrator.

B.    The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

C.    Upon receipt of an application for alteration, the administrator shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090.

D.    The hearing examiner shall hold an open record public hearing no earlier than fifteen and no later than thirty days from the notice of application to determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

E.    The hearing examiner shall prepare written findings of fact and a decision of approval, approval with conditions, or denial of the alteration of subdivision within fourteen days following closure of the open record public hearing. After approval of the alteration, the hearing examiner shall order the applicant to produce a mylar and four copies of the revised drawing of the approved alteration of the final plat or short plat, which after signature of the hearing examiner, shall be filed with the county auditor to become the lawful plat of the property.

F.    This section shall not be construed as applying to the alteration or replatting of any plat of state-granted shore lands. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.160 Vacation of subdivisions.

A.    Any person interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the administrator.

B.    The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

C.    When the vacation application is specifically for a city street, the procedures for street vacation in Chapter 35.79 RCW shall be utilized for the street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.035.

D.    The administrator shall give notice as provided in RCW 58.17.080 and 58.17.090 and the hearing examiner shall conduct an open record public hearing no earlier than fifteen and no later than thirty days from the notice of application on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city shall be deeded to the city unless the hearing examiner shall set forth findings that the public use would not be served in retaining title to those lands.

E.    The hearing examiner shall prepare written findings of fact and a decision of approval, approval with conditions, or denial of the application for the vacation of a subdivision within fourteen days following closure of the open record public hearing.

F.    Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the hearing examiner has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the hearing examiner. When the street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

G.    This section shall not be construed as applying to the vacation of any plat of state-granted shore lands. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.170 Short subdivisions.

A.    The administrator shall provide the form and review the content for short subdivision applications. In addition to the contents of a complete application, a complete application for a short plat shall include the following information and documents:

1.    A completed general application form and, if applicable, an environmental checklist.

2.    The required application fee in accordance with the established fee schedule.

3.    Names and addresses of all property owners within three hundred feet of the subject property, available from the county assessor’s office.

4.    Such additional information as the city engineer deems necessary.

5.    A mylar and four paper prints of the proposed short plat.

B.    A short plat shall meet the following standards:

1.    The plat drawing shall be in ink to a scale not smaller than one inch equals one hundred feet or other approved scale on an eighteen-inch by twenty-four-inch sheet.

2.    The plat shall show the boundary and dimensions of the "original tract" including its assessor’s parcel number, section, township and range, and all adjoining public or private streets and identifying names as such.

3.    Include a vicinity map drawn to a scale of four inches equals one mile or other approved scale of sufficient detail to orient the location of the original tract.

4.    The name and address of the owner of record of the "original tract," scale of the drawing, and north directional arrow.

5.    The plat shall identify all lots by numerical designation and show the dimensions and area of each lot.

6.    The plat shall show the width and location of access to all short platted lots.

7.    The plat shall show the location and use of all buildings on the original tract.

8.    The plat shall note that the approval of a short plat shall not be a guarantee that the city will grant future permits to any structure or development.

9.    Space or a second eighteen-inch by twenty-four-inch sheet shall be reserved for comments and appropriate city signatures.

C.    The administrator shall send a notice of application to the Washington State Department of Transportation for any proposed subdivision located adjacent to the right-of-way of a state highway. The Washington State Department of Transportation shall submit to the administrator within fourteen days after receiving the notice any relevant information about the effect of the proposed short subdivision upon the legal access to the state highway, the traffic carrying capacity of the state highway, and the safety of the users of the state highway.

D.    The administrator shall approve or deny a short plat application within thirty days from the date of determination of completeness, unless the developer consents to a time extension. However, if an environmental impact statement is required as provided in RCW 43.21C.030, the thirty-day period shall not include the time spent preparing and circulating the environmental impact statement by the agency with jurisdiction.

E.    The administrator shall review the complete short subdivision application for conformance with the city codes and consider comments from the public and interested agencies. The short subdivision shall meet the following criteria:

1.    The proposed short subdivision shall comply with all city standards for circulation improvements, including adequate ingress and egress to all proposed lots. The administrator shall require extension of streets or access rights from property line to property line of the short subdivision to accommodate future street development. If there is other reasonable access available, the administrator may limit the location of direct access to arterials. When the city obligates a developer to construct or maintain a future street, a note to this effect shall be stated on the face of the short plat.

2.    The short subdivision shall provide sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

3.    The proposed short plat shall comply with city standards including but not limited to adequate drainage facilities. The face of the short plat shall clearly show any such requirements.

4.    The proposed plat shall provide for adequate water supply and fire protection.

5.    The proposed short subdivision meets all provisions of the UDC.

F.    The administrator shall approve, approve with conditions, or deny the short subdivision application once the public comment period expires on the notice of application.

G.    The administrator shall prepare written findings of fact regarding a decision to approve, approve with conditions, or deny the short subdivision. The findings of fact shall state:

1.    If the short subdivision the public health, safety and general welfare by providing for appropriate access and circulation improvements, drainage, water supply, and fire protection;

2.    If the short subdivision meets all city code provisions, including, but not limited to the UDC; and

3.    Whether the short subdivision and dedication serves the public interest.

H.    The administrator may approve amendments to short plats by way of the following process:

1.    The administrator shall issue an amendment note that states to the effect that this amended short plat supersedes "Short Plat No. ____." The note must specify the changes and include all city requirements and conditions stated on the original short plat.

2.    If the administrator determines that the amendment affects the previous approval any city department or other agency, the city shall notify the department or agency of the change and they will have the opportunity to comment before final approval of the amendment. Any amendment involving public dedication must be processed as provided in RCW 58.17.212 or 58.17.215. A fee as set forth in separate resolution shall be paid the city for the processing of an amended short plat.

3.    The county treasurer’s office must again signify that the current real estate taxes are paid before the amended short plat is recorded. Upon recording of the amended short subdivision by the applicant, the city shall deem the amended short plat as approved.

I.    An aggrieved person may appeal the administrator’s decision on a short subdivision to the hearing examiner in accordance with Section 16.04.200. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.180 Preliminary subdivisions.

A.    An applicant shall submit a preliminary plat of a proposed subdivision and/or dedication of land located in the city by filing a complete application with the administrator and paying the application fee. In addition to the contents of a complete application prescribed by the administrator, a complete application for preliminary plat approval must contain the information and documents required by the following section.

B.    A developer shall file with the administrator a preliminary plat application consisting of:

1.    A completed general application form and environmental checklist. The administrator shall provide the application form and checklist upon request.

2.    The required application fee in accordance with the established fee schedule.

3.    Names and addresses of all property owners within three hundred feet of the subject property, available from the county assessor.

4.    Ten legible paper copies of the preliminary plat map on sheets eighteen-inch by twenty-four-inch in size. Preliminary plat maps shall include or be accompanied by the following:

a.    A vicinity map extending at least eight hundred feet in each direction from the proposed subdivision, or further if necessary to assist in locating the subdivision. The scale of the vicinity map shall a one-inch per eight hundred feet. The vicinity map shall show the following:

i.    Street layout in the subdivision;

ii.    Existing and tentatively approved street layout within eight hundred feet of the subdivision;

iii.    Zoning designations within, and adjacent to, the subdivision;

iv.    Streams or watercourses, and public facilities such as schools and parks;

v.    All one hundred-year floodplain and designated shoreline boundaries in, and within eight hundred feet of, the proposed subdivision;

vi.    Any other pertinent information that will assist in locating the proposed subdivision;

vii.    A title block in the lower right corner of the preliminary plat map, showing the proposed name of the subdivision; the scale of the drawing; the date of the drawing; and the name and address of the engineer, surveyor or other individual responsible for laying out the subdivision.

b.    A detailed plan of the proposed subdivision drawn to the scale of one inch equals one hundred feet or larger, with the provision that for subdivisions of fifty acres or more the planning director may authorize a smaller scale when an entire subdivision cannot be shown on a single sheet. The detailed plan shall clearly show the following information:

i.    North arrow;

ii.    The location, names and right-of-way widths of all existing and proposed streets and driveways within two hundred fifty feet of the boundaries of the proposed subdivision;

iii.    The location, names and right-of-way widths of all proposed streets and their proposed paved width;

iv.    Lot layout with lot line dimensions, the area in the square feet contained in each lot;

v.    The location and use of all existing buildings within the proposed subdivision, indicating which buildings are to remain and which are to be removed;

vi.    The use and approximate location of all buildings within one hundred fifty feet of the boundaries of the proposed subdivision;

vii.    The location, size and use of all contemplated and existing public areas within the proposed subdivision, and a description of the adaptability of the area for uses contemplated;

viii.    The location, size and kind of public utilities in and adjacent to the proposed subdivision, indicating those utilities which will provide service to the proposed development and their planned location within the subdivision;

ix.    Location and disposition of any wells, creeks, drainage courses, drainageways, septic tanks, drainfields, one hundred-year floodplain boundaries and easements in or within two hundred feet of the proposed subdivision;

x.    Topography and five-foot contours certified by the engineer or surveyor within the proposed subdivision; or, as an alternative in the case of a partition of one acre or less, elevations at each existing and proposed property corner. One-foot or two-foot contours may be required, at the planning director’s discretion;

xi.    Topography and at least ten-foot contours outside, but within two hundred feet of, the proposed subdivision. The base for such information shall be the National Geodetic Survey (U.S.G.S.), or other survey approved by the administrator;

xii.    All one hundred-year floodplain boundaries shown on the vicinity map, the elevation of the one hundred-year flood at the point immediately upstream from the subdivision, and the direction and distance to said point;

xiii.    The location of identified critical areas;

xiv.    The location of any state shorelines and associated wetlands within the subdivision, as defined by state law and the city shoreline master program;

xv.    Profiles of all proposed streets within the proposed subdivision, showing grades to which the streets will be built, and the existing ground line of the proposed streets including the probable future extensions of any stub (dead-end) streets for a maximum distance of one hundred fifty feet beyond the proposed subdivision boundaries. As an alternative, the preliminary plat map may show topography in two-foot contours within fifty feet of each side of the centerline of all probable future extensions of any stub (dead-end) streets for a distance of one hundred fifty feet beyond the boundaries of the proposed subdivision. The contour information shall be certified by a registered engineer or surveyor;

xvi.    Slope analysis indicating areas where existing grades within the subdivision exceed fifteen percent, twenty-five percent and forty percent. The percentage and area in square feet of the subdivision with slopes of zero to fifteen percent, fifteen to twenty-five percent, twenty-five to forty percent and forty percent and above categories; and

xvii.    Such additional information as the administrator deems necessary.

C.    The city shall approve or disapprove an application for a preliminary plat within ninety days of the determination of completeness unless the applicant consents to an extension of time. However, if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the agency with jurisdiction.

D.    The hearing examiner shall conduct an open record public hearing on the preliminary plat application at least fifteen but not more than thirty days after the publication of the notice of application.

E.    The hearing examiner shall take written and oral testimony from the public at the open record public hearing regarding the conformance of the application with the UDC and Chapter 58.17 RCW.

F.    The hearing examiner shall evaluate the preliminary plat to determine:

1.    If the proposed subdivision conforms to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city;

2.    If appropriate provisions are made for but not limited to the public health, safety, and general welfare for open spaces, storm drainage, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, schools, and other relevant facts, including that safe walking conditions for students walking to and from school; and

3.    Whether the platting of the subdivision and dedication will serve the public interest.

G.    The hearing examiner shall prepare written findings of fact and a decision of approval, approval with conditions, or denial of the preliminary plat application within ten days following conclusion of the open record public hearing.

H.    The decision of the land use hearing examiner shall be final within ten days unless appealed to superior court.

I.    Approval of the preliminary plat shall be effective for five years from the date of approval by the hearing examiner during which time the developer may submit a final plat. The hearing examiner may extend the approval period upon the written request of the developer, provided such request is made before the expiration of the preliminary approval. No preliminary plat shall receive more than three one-year extensions of time. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.190 Final subdivisions.

A.    Each final plat of any property filed for record shall:

1.    Show all improvements in the format as provided in Section;

2.    Contain a statement of approval from the city engineer as to the layout of streets, alleys, and other rights-of-way, design of bridges, sewage and water systems, and other structures;

3.    Be accompanied by a complete survey of the section or sections in which the plat or replat is located that meets the surveying standards adopted by the engineering services of the department of natural resources pursuant to RCW 58.24.040;

4.    Be acknowledged by the person filing the plat before the county auditor or any other officer who is authorized by law to take acknowledgment of deeds, and certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith.

5.    Contain certification from the county treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.

6.    Contain a certificate giving a full and correct description of the lands divided as they appear on the plat drawing, including a statement that the subdivision of property has been made with the free consent and in accordance with the desires of the owner(s) or contractor purchasers. If the subdivision of property includes a dedication, the certification shall also contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat document and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said street. Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quit-claim deed to the said donee or donees and/or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid.

7.    One reproducible mylar and five paper prints.

8.    Two copies of a title report, prepared not more than thirty days prior to the date of written approval by the director of the planning department, from a title insurance company containing the complete and correct legal description of the plat, listing all easements of record which affect the property and confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the dedication.

B.    The hearing examiner shall review the proposed final plat and be satisfied that the following conditions exist:

1.    The final plat meets all standards established by state law and this title relating to final plats;

2.    The proposed final plat bears the certificates and statements of approval required by this title and state law;

3.    The final plat meets the conditions of preliminary plat approval and city code;

4.    The developer furnishes a title insurance report confirming the title of the land in the proposed subdivision and containing the name of the owner(s) whose signature(s) appear on the plat’s certificate;

5.    The developer has completed the required facilities and improvements or, alternatively, has provided a performance bond, or cash deposit in lieu thereof, or other security commonly used by banking and lending institutions; provided further, that the bond, cash deposit, or other security, as hereinabove required, shall be filed with the city engineer and shall be in a form acceptable to the city attorney and in an amount and with sureties commensurate with improvements remaining to be completed and securing to the city the construction and installation of the improvements within a fixed time.

C.    The hearing examiner shall review final plats in accordance with Chapter 58.17 RCW. When the hearing examiner finds that the subdivision meets the following criteria, he or she shall recommend approval the proposed final plat to the hearing examiner if:

1.    The plat conforms to all terms of preliminary plat approval;

2.    The bond, if there is one, by its essential terms assures completion of improvements;

3.    The plat meets the requirements of state law and this title in effect at the time of preliminary plat approval.

D.    The city shall approve, disapprove, or return final plats to the developer within thirty days from the date of receipt, unless the applicant consents to a time extension.

E.    After the hearing examiner approves of the plat, the applicant shall record the original with the county auditor for filing.

F.    The decision of the land use hearing examiner shall be final within ten days unless appealed to superior court. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.200 Binding site plans.

A.    The purpose of this chapter shall apply only to one or more of the following:

1.    The use of a binding site plan for divisions of sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);

2.    Divisions of property for lease as provided for in RCW 58.17.040(5); and

3.    Divisions of property as provided for in RCW 58.17.040(7).

B.    A binding site plan, after approval shall be filed with the county auditor with a record of survey. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.

C.    All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

D.    Any sale, transfer or lease of any lot, tract, or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW.

E.    The administrator shall provide the form and review the content for binding site plan applications. In addition to the contents of a complete application, a complete application for a binding site plan shall include the following information and documents:

1.    A proposed site plan prepared by a professional engineer or land surveyor, licensed in the state of Washington, that shows the minimum features:

a.    The location and size of all proposed lots;

b.    Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include post-construction treatment of unoccupied areas of the binding envelopes);

c.    All proposed or existing uses;

d.    The location of proposed or existing open space including any required landscaped areas;

e.    The location and identification of critical areas;

f.    The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles;

g.    The number and location of proposed or existing parking spaces on and off the site;

h.    A drainage plan which will accommodate the maximum proposed square footage of impervious surface exposed to vehicular use, subject to the requirements of the city’s public works standards;

i.    The location and size of utility trunk lines serving the site;

j.    The location and size of water bodies and drainage features, both natural and manmade;

k.    A grading plan showing existing and proposed topography, detailed to five-foot contours;

1.    A layout of sewers and the proposed water distribution system; and

m.    Proposed easements and access;

2.    All covenants, easements, maintenance agreements or other documents regarding mutual use of parking and access;

3.    Copies of all easements, deed restrictions or other encumbrances restricting the use of the site;

4.    A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years; and

5.    The required application fee in accordance with the established fee schedule.

F.    The hearing examiner shall hold an open record public hearing on the application for binding site plan no earlier than fifteen and no later than thirty days from the notice of application.

G.    The hearing examiner shall evaluate the binding site plan to determine:

1.    If the proposed subdivision conforms to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city.

2.    If appropriate provisions are made for, but not limited to, the public health, safety and general welfare for open spaces, storm drainage, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, schools, and other relevant facts, including that safe walking conditions for students walking to and from school.

3.    Whether the binding site plan will serve the public interest.

H.    The hearing examiner shall prepare written findings of fact and a decision of approval, approval with conditions, or denial of the final plat application within fourteen days following closure of the open record public hearing.

I.    The decision of the land use hearing examiner shall be final within ten days unless appealed to superior court.

J.    The developer shall have a professional land surveyor, licensed in the state of Washington, survey the subject property within a binding site plan before its recording with the county auditor. Surveys shall include those items prescribed by RCW 58.09.060.

K.    An approved binding site plan prepared for recording with the county auditor shall include the following:

1.    Lots shall be designated with numbers and each one shall be clearly identified with the ownership and purpose;

2.    The signature and stamp of the land surveyor who prepared the binding site plan;

3.    The reference to the recording number of the completed survey as required by this section;

4.    Reference to all agreements or covenants required as a condition of approval;

5.    Notarized signatures of all persons having an ownership or security interest in the land being divided; and

6.    Approval of the city engineer.

L.    The developer shall record the binding site plan with the county auditor.

M.    The amendment, modification or vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision.

N.    The city shall approve or disapprove an application for a binding site plan within ninety days of the determination of completeness unless the applicant consents to an extension of time. However, if an environmental impact statement is required as provided in RCW 43.210.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the agency with jurisdiction. (Ord. 1047 §§2(part), 3(part), 2004).

17.32.210 Appeal of a decision by the administrator.

A.    Any person aggrieved by the decision of the administrator in the administration of this UDC may appeal such decision to the hearing examiner.

B.    The appellant must file the appeal within fourteen days of the notice of decision by the administrator. The city clerk-treasurer shall receive all appeals delivered to by mail or personal delivery no later than four-forty p.m. on the due date of the appeal.

C.    Appeals must be in writing, accompanied by the fee as set by the city council, and containing the following information:

1.    Appellant’s name, address, phone number;

2.    Identification of the application that is the subject of appeal;

3.    Appellant’s statement as to:

a.    How the decision of the administrator affected himself or herself,

b.    The facts regarding the grounds for appeal, and

c.    The relief sought.

D.    The administrator shall issue a notice of application in accordance with Section 16.04.050 of this code.

E.    The hearing examiner shall conduct an open record hearing on the appeal and issue a notice of decision no later than fourteen days after closing the open record hearing.(Ord. 1047 §§2(part), 3(part), 2004).

17.32.220 Fees.

A.    The city council shall set application fees for appeals of administrative decisions, project permit applications, and amendments to the UDC to reduce the city’s cost for review and publication.

B.    The city will not accept an application for appeals of administrative decisions, project permit applications, and amendments under the UDC unless accompanied by the fee set by the city council, if any.

C.    The city council may set by resolution fees for appeals of administrative decisions, project permit applications, and amendments to the UDC. (Ord. 1047 §§2(part), 3(part), 2004).