Chapter 17.04 LONG PLATS

The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety, and welfare of the city and its citizens in accordance with state law and the city’s comprehensive plan. To carry out this purpose for the subdivision of land for residential uses, this chapter establishes a flexible lot process, which will facilitate the fair and predictable division of land, maintain the current character of the city, and provide for greater flexibility in the division and establishment of residential lots. A further purpose of this chapter is to prevent the overcrowding of land; to lessen congestion in the streets; to provide for adequate light and air; to facilitate adequate provision for water, sewage, stormwater drainage, parks and recreation areas, and sites for public facility needs; to provide for proper ingress and egress, including future traffic circulation needs of the immediate and surrounding area; and to provide for a variety of housing opportunities. (Ord. 820, 2002)

17.04.025 Flexible lot design.

Flexible lot design means a design process which permits flexibility in lot development and encourages a more creative approach than traditional lot-by-lot subdivision. The flexible lot design process includes lot design standards, guidance on the placement of buildings, use of open spaces and circulation which best addresses site characteristics. This design process permits clustering of lots, including zero lot lines, and a variety of lot sizes, to provide open space, protect the city’s natural systems, and to provide for a variety of housing opportunities in the city. Design elements include:

A. Identification of open space pursuant to the standards established in Section 17.04.075.

B. Identification of residential homesite locations. Homesites shall be located in such a manner as to avoid placement of any portion of a homesite within those areas that are not buildable, such as critical areas and their buffers, dedicated open space, and well-head protection areas.

C. Location of utilities (public, quasi-public and private), including sewer, water, and stormwater facilities.

D. Provision of road and access. Roads and access shall be consistent with Title 15, Buildings and Construction, as they may be modified by this title and the transportation element of the comprehensive plan. (Ord. 820, 2002)

17.04.030 Applicability.

This chapter shall apply to all persons, firms and corporations proposing to divide any land area into five or more parcels or proposing to dedicate any land as a public right-of-way. (Ord. 820, 2002; Ord. 332, 1981; Ord. 278, 1977)

17.04.040 Residential zones utility regulations.

Lands platted and/or subdivided within all residential zones of the city must be served by: (1) water from the city water system, (2) the city sewer system, and (3) underground utilities, including telephone and electric power. (Ord. 820, 2002; Ord. 332, 1981; Ord. 245, 1974)

17.04.045 Subdivision procedures.

All subdivisions shall follow the following steps:

A. Pre-application consultation with city staff members. With the information set forth in Section 17.04.050, guidance on how to refine the proposed site plan to meet the requirements of the codes of the city is provided to the applicant.

B. A refined proposed site plan consistent with the submittal requirements of this chapter and additional materials as required by the planning official are submitted for the preliminary subdivision application review process.

C. An application for preliminary subdivision is considered complete and is filed by the city if it satisfies the submittal requirements set forth in Section 17.04.070.

D. The preliminary subdivision is reviewed consistent with the procedures of this chapter and Chapter 18.36.

E. A preliminary plat is approved, disapproved, or returned to the applicant for modification or correction within 120 days from the date of filing a complete application, unless the applicant consents to an extension.

F. The applicant shall complete or shall make provision to satisfy all preliminary plat conditions and code requirements as per the requirements of Section 17.04.140.

G. Within the time frame specified in RCW 58.17.140 the subdivider shall submit the original of a proposed final subdivision consistent with the final subdivision submittal requirements of this chapter.

H. The final subdivision application is reviewed by the city staff and action is taken on the application by the city council within 60 days from the date of filing a complete application, unless the applicant consents to an extension.

I. Within the time frame specified under RCW 58.17.140 the final subdivision shall be submitted consistent with the final subdivision submittal requirements of this chapter.

J. The final subdivision becomes effective upon recording. (Ord. 957 § 9, 2011; Ord. 820, 2002)

17.04.047 Preliminary subdivision – Vesting.

A proposed subdivision shall be reviewed under all applicable city ordinances and the State Environmental Policy Act in effect at the time the city determines that the preliminary subdivision application is complete. (Ord. 820, 2002)

17.04.050 Pre-application consultation.

Prior to city acceptance of a preliminary plat application, a pre-application consultation with city staff is required. A pre-application review shall afford the city staff the opportunity to become familiar with the plat proposal and offer guidance to the applicant on areas to be addressed in submitting a preliminary plat application. Materials to be provided for pre-application review include:

A. Vicinity map showing the subject property and adjacent properties, including topography, existing buildings, roads and natural and other features on the property to be divided and all adjacent properties (slopes, wetlands, streams, etc.).

B. Plat concept showing proposed lots, roads, open space, utilities services, and other elements/features.

There shall be a fee for pre-application consultation. The amount of the fee shall be established by city council resolution. (Ord. 820, 2002)

17.04.070 Preliminary plat application contents and filing fee.

The following maps, site plans, and studies shall be prepared for proposed preliminary residential subdivisions:

A. Base Map. The purpose of the base map is to consolidate existing characteristics of the site and existing onsite conditions. Contents of the base map:

1. North arrow and scale (1:40 scale preferred);

2. Name, address and phone number of the owner of the subject property and of the owner’s representative;

3. Proposed plat name;

4. Property boundaries;

5. Total acreage;

6. Topography with a contour interval of no less than five feet sufficient to demonstrate existing drainage characteristics on and adjacent to the property (slopes which exceed 15 percent shall be identified);

7. The location of all easements and other encumbrances located on the property or essential to the property’s division;

8. The location and names of roads and rights-of-way, easements, trails and walkways on site or in the immediate vicinity;

9. The location of all utilities (water lines or wells, sewer lines or septic systems, power, cable and/or telephone lines) located on or adjacent to the subject property;

10. The location of all critical areas (as defined in Chapter 16.20) located on or within 100 feet of the subject property;

11. Areas of significant trees and vegetation located on the subject property or within 100 feet of the property;

12. The approximate size and location of existing structures located within 100 feet of the subject property;

13. City comprehensive plan and zoning designations for the subject property, including shorelines designation if applicable;

14. Existing land uses on the subject property and adjacent properties.

B. Aerial Photograph. An aerial photograph will assist the city in orienting the property and adjacent areas.

C. Site Design. The following shall be included:

1. Proposed residential homesite locations and lot lines;

2. Location of all proposed public and private utilities, including public sewer and water, storm drainage, telephone, cable, electricity, etc.;

3. Provision of roads and access; and

4. Open space locations.

D. A fee as provided by resolution of the city council for long plats. This fee shall be collected prior to the scheduling of the public hearing. (Ord. 820, 2002; Ord. 535, 1989; Ord. 332, 1981; Ord. 245, 1974; Ord. 174, 1966)

17.04.075 Flexible lot standards.

Subdivisions established pursuant to the flexible lot design process shall be subject to the following development standards. For standards not listed below but contained in Title 18, the standards in Title 18 apply (for example, building height).

A. Minimum lot size requirement: 5,000 square feet. Development densities shall comply with the densities allowed in the underlying zone and any bonus provisions set forth in this title or Title 18.

B. Lot Setback and Dimensional Requirements.

1. Yard Setbacks.

a. Front: 10 feet.

b. Side: five feet, except in the case of attached housing where a side lot line can be zero for the common wall housing units.

c. Rear: 25 feet.

C. Minimum lot width at street frontage: 25 feet.

D. Open space shall be established consistent with the following performance standards:

1. Open space shall be established to preserve the natural character of the city;

2. Where practical, open space shall be concentrated in large usable areas;

3. Where possible, open space shall connect to adjacent offsite open space areas;

4. Where possible, the city character of the roadways shall be maintained through the minimization of disturbance of roadside vegetation;

5. Open space areas shall be maintained permanently by the property owner, the property owner’s association or the city for properties dedicated to the city, which is to be determined at the time of plat approval.

E. Roads and Access Performance Standards.

1. Connections to existing offsite roads which abut the property shall be required where practicable;

2. Pedestrian access onto the site shall be maximized. This may be accommodated through the provision of onsite walkways, trails, paths or sidewalks (see the city land development standards for appropriateness of sidewalks) which originate at the property’s public access;

3. Internal pedestrian circulation shall be facilitated through appropriately scaled walkways, paths, trails or sidewalks (see the city land development standards for appropriateness of sidewalks);

4. Where practical, existing roadway character shall be maintained. This may be accomplished through the reduction of right-of-way and/or roadway width (subject to approval of the city engineer), the minimization of curb cuts, and the preservation of roadside vegetation. (Ord. 820, 2002)

17.04.090 Preliminary subdivision – Decision criteria.

A. The hearing examiner’s decision to approve a subdivision or approve a subdivision with modifications shall include findings of fact that the application meets all of the following requirements:

1. The preliminary subdivision makes appropriate provisions for the public health, safety and general and public use and interest, including the following:

a. Roads, streets and transit facilities;

b. Street names, traffic regulatory signs and mailbox locations;

c. Pedestrian facilities;

d. Other public ways leading to and providing access to and within the subdivision;

e. Open spaces, recreation facilities, and playgrounds;

f. Fire and emergency vehicle access;

g. Drainage and stormwater facilities;

h. Water supply, including both domestic and fire flow;

i. Sewage disposal through connection to the city sewer system;

2. Any portion of a subdivision which contains a critical area, as defined in Chapter 16.20, conforms to all requirements of that chapter;

3. The preliminary subdivision design is compatible with the physical characteristics of the proposed subdivision site;

4. The proposal is in accord with the city’s comprehensive plan;

5. Wherever feasible, the preliminary plat design includes measures to minimize clearing, with priority given to maintenance of existing vegetation and revegetation is incorporated into the preliminary design when possible.

B. A proposed subdivision shall not be approved unless written findings are made that the public use and interest will be served by the subdivision.

C. In making a determination of approval, approval with modifications or disapproval using the criteria in subsections (A) and (B) of this section, the following additional factors without limitation shall also be considered:

1. All public and private facilities and improvements on and off the site necessary to provide for the proposed subdivision will be available when needed;

2. Proposed new utilities, facilities and services and the proposed additional use of existing utilities, facilities and services will not degrade the existing level of operation and the use of such utilities, facilities and services below accepted standards. (Ord. 957 § 10, 2011; Ord. 820, 2002)

17.04.110 Lots.

A. No lot shall be less than 25 feet in width at the building setback line, or less than 5,000 feet in area.

B. No lot shall be divided by a city boundary line. (Ord. 820, 2002; Ord. 332, 1981; Ord. 174, 1966)

17.04.130 Variations from standards.

Variations and exceptions from the dimensional standards and improvement requirements as set forth in this chapter may be made in those instances where it is deemed that hardship, topography, or other factual deterrent conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of these regulations and requirements. (Ord. 820, 2002; Ord. 699, 1995; Ord. 332, 1981; Ord. 174, 1966)

17.04.135 Evaluation criteria.

In evaluating the layout of lots and open space, the following criteria will be considered by the hearing examiner as indicating design appropriate to the site’s natural, historic and cultural features, and meeting the purposes of this code. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly, proposals shall be evaluated to determine whether the proposed conceptual preliminary plat:

A. Protects and preserves all floodplains, wetlands, and steep slopes from clearing, grading, filling, or construction (except as may be approved by the city for essential infrastructure or active or passive recreation amenities) and maintains or creates an upland buffer of natural native species vegetation adjacent to wetlands and surface waters, including creeks, streams, springs, lakes and ponds (reference: Chapter 16.20).

B. Minimizes conflicts between residential and agricultural uses.

C. Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting onto existing public roads and establishes buffer zones along public roads by maintaining existing screening vegetation or by establishing a planting screen consisting of a variety of indigenous native trees, shrubs, and wildflowers.

D. Minimizes impacts on large woodlands, especially those containing mature trees, significant wildlife habitat and those with highly erodible soils with slopes greater than 15 percent.

E. Minimizes impacts on scenic views and vistas as seen from public roadways.

F. Landscapes common areas, cul-de-sac islands, and both sides of new streets with native species shade trees and flowering shrubs with high wildlife conservation value.

G. As appropriate, provides active recreational areas in suitable locations offering convenient access by residents.

H. Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties, public facilities, and activities or special features within the neighborhood open space system. All roadside footpaths should connect with off-road trails, which, in turn, should link with existing or potential open space on adjoining parcels, where applicable.

I. Provides open space that is reasonably contiguous. For example, fragmentation of open space should be minimized so that resource areas are not divided into numerous small parcels located in various parts of the development. Long thin strips of conservation land shall be avoided, unless the conservation feature is linear or unless such configuration is necessary to connect with other streams or trails. The open space shall generally abut existing or potential open space land on adjacent parcels, and shall be designed as part of larger contiguous and integrated greenway systems. (Ord. 957 § 11, 2011; Ord. 820, 2002; Ord. 699, 1995)

17.04.137 Plans subject to review and approval.

Final water, sewer, storm drainage, street and other physical improvements set forth in the preliminary plat approval must be submitted to the city for approval prior to actual construction of these facilities. Any changes made during the installation must be approved by the city and revised drawings showing the exact location of the facilities must be approved in advance of the installation. All underground utilities and facilities installed in streets shall be constructed prior to the surfacing of such street(s). Service connections for all underground utilities and facilities shall be laid to such lengths as will obviate the necessity for disturbing the street improvements, when service connections thereto are made. (Ord. 820, 2002)

17.04.140 Satisfaction of preliminary plat conditions and code requirements.

A. The applicant shall complete all requirements of the preliminary plat approval and the requirements of this chapter within one year from the date of preliminary plat approval in order to qualify for submittal for final plat approval. In the alternative, the city may accept a performance bond or similar assurance in an amount equal to 115 percent of the value of the improvements guaranteeing that all improvements and requirements will be completed within one year of the date of the preliminary plat approval. One one-year extension of the requirement may be granted by the city planning official, in consultation with city staff, with a showing of good cause by the applicant.

B. The performance bond or similar assurance that is satisfactory to the city that is drawn in favor of the city in the amount specified by the city shall be deposited per instructions from the city clerk-treasurer. All money received shall be held in escrow pending the satisfactory completion of the required work. The city may authorize the release of portions of this money to the applicant in accordance with a prearranged progress schedule. When all improvements have been completed and determined by the city to satisfy required city standards, the bond or balance of money held in escrow shall be released to the applicant. A one-year maintenance bond in the amount of 10 percent of the value of the improvements shall be provided upon release of the performance bond to warranty improvements provided in the development of the plat. (Ord. 820, 2002; Ord. 332, 1981; Ord. 174, 1966)

17.04.145 Preliminary subdivision – Modification of plat.

A. Modification to an approved preliminary subdivision which does not change the general plat layout, increase offsite impacts of the subdivision, or modify a provision or condition which was a matter of dispute by any party during the preliminary approval process may be made by the planning official after reasonable notice and opportunity to comment is provided to the applicant and all parties of record. The planning official shall review and approve or disapprove the request for modification following the procedures set forth in Chapter 18.36, Administration.

B. Other modifications to an approved subdivision must be reviewed in accordance with the process for a new subdivision application and shall be approved consistent with the procedures and requirements of this chapter.

C. The following exemptions shall not constitute changes in the preliminary subdivision approval and thus do not require further review as provided for above in this section:

1. Engineering detail, unless the proposed detail modifies or eliminates features specifically required as an element of the preliminary subdivision approval;

2. Minor changes in lot lines or lot dimensions. (Ord. 820, 2002)

17.04.150 Final plat – Preparation.

After approval of the preliminary plat by the hearing examiner and the fulfillment of the preliminary plat conditions and the requirements of these regulations and any other requirement specified by the hearing examiner, one tracing of the final plat shall be prepared to be filed for record. (Ord. 957 § 12, 2011; Ord. 332, 1981; Ord. 174, 1966)

17.04.160 Final plat – Materials.

The original final plat shall be drawn on a mylar within dimensions acceptable for Island County recording and allowing one-half inch for border. The ink must be reproducible and of a permanent nature. If more than one sheet is required, each sheet including the index sheet shall be of the required size. The index sheet must show the entire subdivision, with street names, block numbers and lot numbers. (Ord. 820, 2002; Ord. 332, 1981; Ord. 174, 1966)

17.04.170 Final plat – Contents.

The final plat shall include the following:

A. Identification and Description.

1. Name of subdivision;

2. Location by section, township and range, or by other legal description;

3. The name and seal of the registered land surveyor; and

4. Scale (same as preliminary plat), shown graphically, date, and north point. The scale of the final plat shall be such that all distances and bearings can be clearly and legibly shown thereon in their proper proportions. Plats unduly cramped and on which essential data cannot be clearly read will not be approved.

B. Delineation. The following shall be clearly indicated and dimensioned:

1. Boundary of the plat, based on an accurate traverse, with angular and lineal dimensions;

2. Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all alleys, walkways and cross-walkways. The name of a street shall not duplicate that of any existing street in the city, and shall be generally consistent with the practice of Island County;

3. True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat;

4. Municipal, township, county or section lines, accurately tied to the lines of the subdivision by distances and courses;

5. Radii, central angles, points of curvature, tangent distances, and lengths of all arcs; bearing and length of all tangents;

6. All easements for right-of-way provided for public services or utilities;

7. All lot and block numbers and lines, with accurate dimensions in feet and hundredths. Blocks in numbered additions to subdivisions bearing the same name may be numbered or lettered consecutively through the several additions;

8. Accurate location of all monuments, which shall be concrete, not less than four inches by four inches at top, six inches by six inches at bottom and 24 inches long, with metal marker cast in center. One such monument shall be placed at each street intersection, and at locations to complete a continuous line of sight and at such other locations as required by the city engineer. Monument cases shall be placed over all monuments in paved streets;

9. All plat meander lines or reference lines along bodies of water established above the high water line of such water;

10. Accurate outlines and legal description of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication, and of any area to be reserved by deed covenant for common uses of all property owners;

11. Building setback lines accurately shown with dimensions; and

12. All lot corners shall be marked with a permanent suitable metal marker no less than three-eighths inch in diameter and 18 inches long and driven flush with the finished grade.

C. Descriptions, Dedication, and Certificates.

1. A description of property platted, which shall be the same as that recorded in the preceding transfer of the property, or that portion of the transfer covered by plat. Should this description be cumbersome and not technically correct, a true and exact description shall be shown upon the plat together with original description. The correct description shall follow: “The intent of the above description is to embrace all the following described property:”;

2. Dedication, with notarized acknowledgment, by owner or owners, of the adoption of the plat and the dedication of streets and other public areas. In case of a corporation, proper acknowledgment shall be used;

3. Restrictions;

4. Certification by a registered land surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct;

5. Proper signature blocks for the approvals of the mayor, city planning official and city engineer;

6. Approval by signature of the county auditor, as to filing for record; and

7. All signatures shall be in India ink or other ink of equal density. No interlineations will be permitted. (Ord. 834, 2003; Ord. 820, 2002; Ord. 332, 1981; Ord. 174, 1966)

17.04.190 Final plat – Filing – Fees.

On completion of site improvements to the satisfaction of the city staff, or upon delivery of a performance bond in lieu thereof, the final plat shall be submitted to the city council, accompanied by the following:

A. Deposit to cover the cost of final plat review, including the base fee and hourly charges for city consulting review time and overhead. Any excess remaining after deduction of the cost of final plat review shall be returned to the platter; if final plan review costs exceed the amount deposited, the applicant shall pay the difference;

B. A certificate of title from a reputable title insurance company giving the legal description and showing the title and interest of all parties to the plat or dedication. The certificate shall be dated not to exceed 30 days prior to submission of the final plat;

C. A certificate by the county treasurer showing that taxes have been paid in accordance with RCW 58.08.030 and 58.08.040, and that deposit has been made to the county treasurer for the taxes for the following year. Also, certificate by the county treasurer showing that all taxes and assessments levied and chargeable against the property in the plat, re-plat or subdivision have been made in accordance with RCW 58.08.030. (Ord. 957 § 13, 2011; Ord. 820, 2002; Ord. 535, 1989; Ord. 332, 1981; Ord. 174, 1966)

17.04.195 Final plat alterations.

Alterations of approved plats shall follow the same procedures as set forth in this title for new subdivision proposals; provided, that the planning official, in consultation with other appropriate city officials, may approve minor alterations, subject to notifying parties of record for the subdivision of the proposed alteration and providing an opportunity to comment. (Ord. 820, 2002)

17.04.200 Violation – Penalty.

Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003)

17.04.230 Plat revocation.

See Sections 18.36.070 through 18.36.080. (Ord. 834, 2003)

17.04.240 Withholding permits.

No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this chapter unless the city planning officer determines that the public interest will not be adversely affected. (Ord. 834, 2003)