Chapter 18.05
SUBDIVISIONS IN GENERAL
Sections:
18.05.040 Interpretation – Conflict.
18.05.050 Violations, enforcement and penalties.
18.05.070 Preapplication conference.
18.05.080 Application cancellation.
18.05.090 Lapse of approval – Time extension.
18.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to Chapter 19.05 FWRC or FWRC 1.05.020 in that order.
“Binding site plan” means a plan drawn to scale processed in accordance with the provisions of this title and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for commercial, industrial, and manufactured home park use, and where land is divided as part of condominium development.
“Cluster subdivision” means a form of development that permits reduction in lot area; provided, that there is no increase in the number of lots permitted under a conventional subdivision, and the remaining area is devoted to open space, or preservation of critical areas.
“Condominium” means a building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
“Cottage housing” means a grouping (four to 16) of small, single-family dwelling units clustered around a common area and developed with a coherent plan for the entire site. The shared common area and coordinated design allow densities that are somewhat higher than typical single-family neighborhoods (see FWRC 19.05.030).
“Department” means the department of community development services.
“Director” means the director of community development unless otherwise indicated.
“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for final plats in this title and as required by state law. Final plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of 10 or more lots.
“Flag lot” or “panhandle lot” means a platted lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the “flag pole” or “access panhandle” part of the lot.
“Land division” means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development.
“Lot line elimination” means the removal of interior lot lines of two or more separate lots with contiguous ownership.
“Panhandle lot” means flag lot.
“Plat” means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, alleys, or other divisions and dedications.
“Preliminary plat” means a neat approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. Preliminary plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of 10 or more lots.
“Public purpose lands” means acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities.
“Short plat” means a final drawing of the short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for short subdivisions in this title and as required by state law. Short plat applies to conventional and cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development of nine or fewer lots, as well as binding site plans.
“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one-hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. Tracts identified for, or with, the potential for future development which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not considered a lot toward counting the number of lots, tracts, etc., for determining that a subdivision is a “short subdivision.” For purposes of computing the size of a lot, which is one-one-hundred-twentieth of a section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line.
“Small lot detached development” means a division or redivision of land to create detached residential dwelling units in multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit’s sides may rest on a lot line (zero lot line) when certain site development conditions are met.
“Subdivider,” “developer” or “platter” means any person or authorized representative undertaking the subdividing or resubdividing of a lot, block or other parcel of land.
“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one-hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. Tracts identified for, or with, the potential for future development shall be included within the number of lots created, except tracts which are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. For purposes of computing the size of a lot, which is one-one-hundred-twentieth of a section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line.
“Townhouse” means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
“Tract” means a fractional part of subdivided lands having fixed boundaries, which is dedicated or reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open space, drainage or other purpose necessary to the public welfare.
“Zero lot line” means the location of building in such a manner that one or more of the building’s sides rest directly on a lot line.
“Zero lot line townhouse development” means the division of land to create attached residential units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee-simple.
“Zoning restriction” means the restrictions contained in FWRC Title 19, Zoning and Development Code.
(Ord. No. 20-898, § 5, 10-20-20; Ord. No. 09-593, § 21, 1-6-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.20), 2-27-90. Code 2001 § 20-1.)
18.05.020 Purpose.
This title is adopted in furtherance of the comprehensive plan of the city. It is hereby declared that the regulations contained in this title are necessary to:
(1) Promote the health, safety and general welfare in accordance with standards established by the state and the city;
(2) Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services;
(3) Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within the subdivision with existing and planned streets in the surrounding community;
(4) Provide for adequate light and air;
(5) Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public requirements;
(6) Provide for proper ingress and egress;
(7) Provide for housing and commercial needs of the community;
(8) Require uniform monumenting of land divisions and conveyance of accurate legal descriptions;
(9) Protect environmentally sensitive areas;
(10) Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes and other environmental significant or sensitive areas.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.10.20), 2-27-90. Code 2001 § 20-2.)
18.05.030 Exemptions.
Subdivision review is not required for:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land;
(4) Division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land;
(5) 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; this shall not apply to “alterations of plats” as provided for in Chapter 18.30 FWRC;
(6) Condominium development if such division is a result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land;
(7) Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;
(8) Divisions or acquisition of land for public right-of-way;
(9) Division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
(10) A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used, or to be used, for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means un-staffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. “New customers” are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-3.)
18.05.040 Interpretation – Conflict.
(1) In their interpretation and application, the provisions of this title shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
(2) Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.450.10, 16.450.20), 2-27-90. Code 2001 § 20-4.)
18.05.050 Violations, enforcement and penalties.
(1) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this title shall be guilty of a gross misdemeanor. Each violation involving a separate lot, tract or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is not a violation of this title if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded.
(2) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this title or any term or condition of plat approval prescribed for the plat, then the city may commence an action to restrain and enjoin such use and compel compliance with the provision, or terms or conditions. The costs of such action may be taxed against the violator.
(3) Any person who violates any court order or injunction issued pursuant to this title is guilty of a misdemeanor.
(4) No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers’ or transferees’ property shall comply with provisions of this title and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this title, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this title as well as cost of investigation, suit and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements rescind the sale, or transfer and recover costs of investigation, suit and reasonable attorneys’ fees occasioned thereby.
(5) The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this title or any such rule or regulation. In addition to the remedies prescribed in this section, the city may pursue any other enforcement authorized by law.
(Ord. No. 09-597, § 52, 1-6-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 99-342, § 11, 5-4-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.460.10, 16.460.20), 2-27-90. Code 2001 § 20-5.)
18.05.060 Vertical datum.
Where topography is required to be shown, the land survey data must be based on the National Geodetic Vertical Datum (NGVD-29). NGVD-29 datum information is on file with the city public works department.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-6.)
18.05.070 Preapplication conference.
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, a preapplication conference is required for all preliminary plats. The developer may request a preapplication conference for short plats and binding site plans. Preapplication conferences are conducted in accordance with the following requirements:
(1) The director or designated staff member shall schedule a preapplication conference. The preapplication conference shall allow the applicant to meet with appropriate representatives of city departments and other agencies.
(2) Applicants seeking a preapplication conference shall submit information describing the site, location, topography of the site, and a general concept plan indicating the layout of streets and lots. Information relating to the location and size of utilities shall also be provided. This information shall be provided at least 20 working days prior to the preapplication conference.
(3) A brief written summary of the preapplication conference (checklists may be substituted) shall be provided by the director or designated staff member following the preapplication conference.
(4) The applicant may be charged reasonable fees for a preapplication conference.
(5) The preapplication conference is advisory only and neither the proponent nor the technical staff shall be bound by any determinations made therein.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.40), 2-27-90. Code 2001 § 20-21.)
18.05.080 Application cancellation.
(1) If an applicant for a boundary line adjustment, lot line elimination, binding site plan, short subdivision plat, preliminary plat, final plat, alteration of plat, or vacation of subdivision fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decision with respect to such an application.
(2) Extension request. No less than 30 days prior to the lapse of the 180-day notification by the city under subsection (1) of this section, the applicant for a short plat, binding site plan, or preliminary plat application(s) may submit a written request in the form of a letter with supporting evidence to the department requesting an extension of the 180-day time limits and documenting the following:
(a) That circumstances beyond the applicant’s control prevent compliance with the time limits of subsection (1) of this section;
(b) That the applicant is making substantial progress in responding to the request for information so that review of the application can be furthered when that information is submitted; and
(c) The number of additional calendar days necessary to provide the requested information.
(3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon by the director based on responses to criteria in subsection (2) of this section.
(4) Retroactive applicability. Administrative extension to the 180-day time limit shall be retroactive to those valid binding site plan, short subdivision, and preliminary plat applications currently under review.
(Ord. No. 09-624, § 5, 9-15-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 00-375, § 5, 10-3-00. Code 2001 § 20-22.)
18.05.090 Lapse of approval – Time extension.
(1) Application. No less than 60 days prior to lapse of approval under FWRC 18.30.260 and 18.35.220, or prior to lapse of approval of any preceding time extension granted under this section, the applicant may submit a written request in the form of a letter with supporting documentation to the department of community development services requesting extension of those time limits of up to two years.
(2) Criteria. An extension request shall satisfy the following criteria to be approved:
(a) Except for the first request for time extension, the applicant has made substantial progress to complete the plat;
(b) There are circumstances beyond the applicant’s control which prevent compliance with the time limits of FWRC 18.30.260 and 18.35.220, or any previously granted extension;
(c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety, and welfare; and
(d) Whether either physical conditions in the vicinity of the plat or codes and requirements of the city, applicable agencies, and utility providers have changed to a such a degree since initial approval that it would be contrary to the public interest to extend the life of the plat, including but not limited to such factors as:
(i) Whether the adoption of new codes and/or standards would substantially affect project layout and storm drainage design;
(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period;
(iii) Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity.
The director may condition the extension request to satisfy criteria (2)(c) and (d) of this section as appropriate.
In order to demonstrate compliance with the criteria of this subsection (2), the applicant may also provide pertinent documentation of financial backing, lease acceptance, or other such commitments secured by the developer and/or agent as well as applicable project timelines with milestones and dates of anticipated completion.
(3) Fee. The applicant shall include with the letter of request the hourly fee as established by the city. The request will not be accepted unless it is accompanied by the required hourly fee.
(4) Review process. Each request for extension will be reviewed and decided upon by the director of community development services who may grant up to a two-year extension(s) of approval.
(5) Appeals. Any person aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicating how this decision affects the appellant’s property and presenting any relevant material or information supporting the appellant’s contention. The appeal will be heard and decided upon using the appeal process described in FWRC 18.30.140 et seq. Any short plat time limit, pursuant to Chapter 36.70B RCW, upon the city’s processing and decision upon applications under this title, except as otherwise specifically stated in this title, may be modified by a written agreement between the applicant and the director of community development services.
(6) Retroactive applicability. The provisions of this section shall be retroactive to active and valid short plat, binding site plan, and preliminary plat applications.
(Ord. No. 09-624, § 3, 9-15-09.)