Chapter 18.58


18.58.010    Purpose.

18.58.020    Definitions.

18.58.030    Preliminary and final development plans – Application forms.

18.58.040    Initiation of PRD project – Application.

18.58.050    Requirement of PRD by city council.

18.58.060    Procedural requirements.

18.58.070    Filing of preliminary plan – Contents.

18.58.080    Filing of final development plan – Contents – Application forms.

18.58.090    Routing of plans – Staff recommendations to planning commission.

18.58.100    Procedures.

18.58.110    Criteria for planning commission recommendations.

18.58.120    Repealed.

18.58.130    Time limitations on preliminary plan approval – Submittal of final plan.

18.58.140    Action by the city council.

18.58.150    Repealed.

18.58.160    Repealed.

18.58.170    Repealed.

18.58.180    Phases or divisions of development.

18.58.190    Construction schedule required.

18.58.200    Permissible zones and uses.

18.58.210    Use control – Open space land.

18.58.220    Use control – Street design and off-street parking requirements.

18.58.230    Use control – Permitted site coverage.

18.58.240    Use control – Lot sizes and building sites.

18.58.250    Use control – Setbacks.

18.58.260    Numbers of single-family dwelling units allowed.

18.58.270    Deviations and modifications from zoning, subdivision and platting requirement.

18.58.280    Building permit issuance – Minor adjustments.

18.58.290    Landscaping provisions.

18.58.300    Contracts and guarantees.

18.58.310    Permits – Certificates of occupancy.

18.58.320    Final development plan – Effect.

18.58.330    Filing of approved final development plans – Zoning map revision required.

18.58.340    Resubmittal of new or revised plans.

18.58.350    Revocation of approval.

18.58.360    Abandonment – Time limitations.

18.58.370    Amendments to PRD.

18.58.380    Schedules of fees and charges.

18.58.390    Reimbursement to city for review expertise.

18.58.010 Purpose.

The purpose of this chapter is to permit such flexibility of design, placement of buildings, use of open spaces, circulation facilities, off-street parking areas, and performance criteria which will result in development that protects the designated environmentally sensitive areas of no less than 10 acres, with steep slopes and shorelines, and to allow development which is more appropriate to those areas than that which would result from traditional lot by lot development. This chapter will promote:

(1) A desirable and stable environment in harmony with that of surrounding areas;

(2) The intents and purposes of existing single-family zoning;

(3) Quality and architectural styles that will be consistent with neighboring residential community; and

(4) The best utilization of sites characterized by special features of geography, topography, size or shape, in a manner that will preserve the sensitive portions of the site, including unique natural landscapes, trees, streams, wildlife, or other amenities deemed valuable to the community.

(5) All planned residential development projects, as defined by this chapter, shall conduct an LID site analysis in accordance with NPMC 13.08.050. Site assessment findings shall be a component of the project submittal.

(6) The LID standards set forth in Chapter 13.08 NPMC apply to all planned residential development projects defined in this chapter. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 1, 1982).

18.58.020 Definitions.

Definitions used in this chapter shall be the same as those used in NPMC Titles 13, 14, 16, 17 and 18. Whenever the letters PRD are used, such letters shall mean “planned residential development” within this chapter, within application forms, documents submitted or developed in connection with such development application, minutes of the planning commission or city council, and other written items relative to such development. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 2, 1982).

18.58.030 Preliminary and final development plans – Application forms.

For each PRD, a preliminary and final plan shall be submitted to the planning commission for review and recommendations to the city council. The form on which applications are made for planned residential development shall be approved by the planning commission. No application shall be dated as accepted for review until or unless the city engineer certifies that the application complies with plans, reports, and other technical material required by this code. Such plans, reports, and related information shall be in sufficient detail to enable the planning commission to evaluate the proposed development in accordance with the provisions of this chapter and to make recommendations to the city council based upon such plans and information. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 3, 1982).

18.58.040 Initiation of PRD project – Application.

Planned residential development projects shall be submitted with an application form furnished by the city and filed by the owner or owners of all property involved. Whenever an application is filed by more than one owner, the application shall recite a willingness by the owners to enter into a binding agreement within the proposed PRD whereby the planned residential features such as open spaces, greenbelts, access, parking, and similar items shall be retained and maintained in a covenant running with the lands involved within the planned residential development. Additional guarantees including but not limited to bonds may be required by the city council. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 4, 1982).

18.58.050 Requirement of PRD by city council.

Upon receiving an application for a subdivision or plat with a designated environmentally sensitive area of no less than 10 acres with steep slopes and shorelines, the city planning commission may recommend to the city council that a determination be made as to the appropriateness and beneficial effect of a PRD. The city council may require a PRD in lieu of the usual platting/subdivision; provided land proposed for development meets the criteria of this chapter as to designation of environmentally sensitive lands. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 5, 1982).

18.58.060 Procedural requirements.

(1) In addition to complying with the requirements of this chapter, all PRDs shall be consistent with the intent of NPMC Titles 13, 14, 16, 17 and 18 and with the comprehensive plan for the city. The four steps in the procedure are:

(a) Review of and recommended approval by the planning commission of the conceptual and preliminary plan for development; and

(b) Review of and approval by the city council of the conceptual and preliminary plan for development; and

(c) Review of and recommended approval by the planning commission of the final plan for development; and

(d) Review of and approval by the city council of the final plans for development, by authorizing ordinance.

(2) The authorizing ordinance for the final plan(s) for development shall provide the specific elements to be permitted within the PRD; provided, however, that such restriction does not apply to the specific design for each dwelling unit. Such designs may be presented conceptually in order to encourage and permit flexibility and variety to accommodate the existing market demands. Every other element shall be illegal unless granted through a subsequent revision of the PRD, by ordinance, in the same manner as the original grant of PRD. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 6, 1982).

18.58.070 Filing of preliminary plan – Contents.

The applicant shall file with the city clerk a preliminary development plan, which shall include the following:

(1) Completed application on form approved by planning commission;

(2) Legal description of parcel(s) and site location map of property;

(3) Two site plans with five-foot contours:

(a) Prior to construction; and

(b) As planned for construction, with designated placement, location and principal dimensions of existing or planned buildings or structures, streets, parking areas, open spaces, landscaping areas, and general arrangement, along with a conceptual drawing of completed development. All plans submitted must use consistent scales and must designate the more sensitive areas, and their relationship to the less sensitive portions of the parcels where the units will be sited;

(4) Scale, dimensions, and architectural character of structures on all drawings and text;

(5) Square footage of complete parcel and the required percentage for planned open space as defined in NPMC 18.58.210 on the site plan;

(6) A text accompanying the application describing the conditions and features which cannot be adequately displayed on the maps and drawings;

(7) Indication of any special features of the land and its environs, including physiographic features, such as creeks, shorelines, and steep slopes in excess of 25 percent grade;

(8) A description of plans for covenants, uses, continuous maintenance guarantees, and proposed public and private uses;

(9) List of all property owners within 300 feet of any point of the whole parcel being developed, with accurate legal description or tax lot numbers for identifying purposes, and address and zip code numbers;

(10) Plat certificate as required in NPMC 17.16.055 and as defined in NPMC 17.08.110;

(11) Completed environmental impact statement checklist;

(12) Letters of availability from all utilities required or planned;

(13) Traffic analysis to include, but not limited to:

(a) Additional vehicular trips estimated to be generated by proposed development;

(b)  Existing daily number of vehicular trips within a period of 60 days of filing of application;

(14) Additional information other than above, if needed or requested to demonstrate practicable achievement. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 8, 1982).

18.58.080 Filing of final development plan – Contents – Application forms.

Within 24 months following the approval of the preliminary development plan, the applicant shall file with the city clerk a final development plan substantially conforming to the approved preliminary plan. The final development plan shall include the following:

(1) Completed application on form approved by the planning commission;

(2) A survey of property, showing existing features, including five-foot contours, buildings or structures existing or planned, trees over eight inches in diameter measured at the base and located in the vicinity of the building sites and in other areas that will be disturbed by any part of the planned development, streets/utility easements, road rights-of-way, elevations and perspective drawings of project structures and improvements;

(3) Agreements, covenants, or other provisions which will govern the use, maintenance, and continued protection of the development and all of its open areas, whether public or private;

(4) The following plans and diagrams:

(a) Plans for off-street parking/vehicle storage, sewer systems, drainage/retention system;

(b) A circulation diagram indicating the proposed movement of vehicles and pedestrians within the development, and to and from existing and future thoroughfares. Any special engineering features and traffic regulating devices needed to facilitate or insure the safety of this circulation pattern must be planned and shown;

(c) Landscaping, tree planting plan, site grading plan;

(d) Letters confirming availability for all utilities, and plans for combined trenches when allowable;

(e) Soils studies for building sites when required in accordance with Uniform Building Code, subsequent revisions as adopted by the city council;

(f) An environment impact statement if determination as a result of NPMC 18.58.070(11) indicates that this development will cause substantial negative impact on the environment. The developer shall be given notice of such determination in accordance with WAC 197-10-305. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 9, 1982).

18.58.090 Routing of plans – Staff recommendations to planning commission.

After receiving the preliminary or final development plans, the city clerk shall route the same to all appropriate city departments, and county departments when applicable, and to appropriate city consultants under contract with city. Each department and consultant shall submit comments and recommendations to the city manager, to be referred to the planning commission for its consideration during the deliberations with reference to the development plan. Comments and recommendations may be solicited from other agencies including, but not limited to: fire districts, public works departments, land management departments, water districts, and sewer districts. Representatives of city, county, or other agencies may be requested to testify before any hearings scheduled for the purpose of considering a preliminary or final development plan. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 7, 1982).

18.58.100 Procedures.

Preliminary and final development plans shall be processed as provided in this chapter and in Chapter 18.150 NPMC. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 924 § 2(M), 2015; Ord. 412 § 10, 1982).

18.58.110 Criteria for planning commission recommendations.

(1) The planning commission shall make its recommendations both for preliminary and final plans to the city council based on the following standards:

(a) The proposed project will not be detrimental to present potential surrounding land use, but will have a beneficial effect which would not be achieved except by this special development as planned;

(b) The proposed development can be accomplished in a manner that makes it mutually compatible with land surrounding the proposed development;

(c) Streets and sidewalks/walkways, existing and proposed, are suitable and adequate to carry anticipated traffic and safety vehicles within the proposed project and in the vicinity of the proposed project;

(d) Utility services and other improvements, existing and proposed, are adequate for development;

(e) Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open spaces or land reserves and landscape and utility areas necessary for creating and sustaining a desirable and stable environment;

(f) If the recommendation is on a preliminary development plan, the preliminary plan complies with the development policies of the comprehensive plan;

(g) If the recommendation is on a final plan, the final development plan is in compliance with the approved preliminary plan or any modifications that have been approved; and

(h) The project conforms with the purposes and standards prescribed in this code, or such deviation as may be granted in accordance with provisions for such deviation. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 924 § 2(M), 2015; Ord. 412 § 11, 1982).

18.58.120 Time limitations for planning commission recommendations.

Repealed by Ord. 924. (Ord. 412 § 12, 1982).

18.58.130 Time limitations on preliminary plan approval – Submittal of final plan.

Within 24 months of the date of the preliminary approval by the city council, the petitioner for a PRD shall submit a final development plan of the proposed development for review and recommendation by the planning commission to the city council. In the event no final development plan has been submitted within 24 months of the date of preliminary approval, or extension thereof granted by the city council, the preliminary approval shall expire and no further action upon the application shall be taken. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 13, 1982).

18.58.140 Action by the city council.

Following receipt of the recommendations from the planning commission, the city council shall take action on the proposal as provided in Chapter 18.150 NPMC. Final approval of a PRD shall be in the form of an ordinance. No construction shall begin on a PRD until final approval of the PRD plan has been made by the city council. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 924 § 2(M), 2015; Ord. 412 § 14, 1982).

18.58.150 City council approval of preliminary plan – Determination of compliance.

Repealed by Ord. 924. (Ord. 412 § 14, 1982).

18.58.160 City council approval of final plan – Determination of compliance.

Repealed by Ord. 924. (Ord. 412 § 14, 1982).

18.58.170 Time limitation on city council actions – Final plan approval required to begin PRD construction – Form of final approval.

Repealed by Ord. 924. (Ord. 412 § 15, 1982).

18.58.180 Phases or divisions of development.

The preliminary development plan shall include the complete development plan for the acreage described in the application form as required under NPMC 18.58.070(2). The final plan may include phases or divisions, to be developed successively; provided, that each division or phase shall:

(1) Meet the standards of this code or the current code when the division or phase is developed;

(2) Follow the same schedule for abandonment procedures as provided in NPMC 18.58.360. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 16, 1982).

18.58.190 Construction schedule required.

A construction schedule shall be required as a part of the final development plan for the whole project, or for each division or phase, when applicable. Such schedule shall coordinate the development of common open space and common space improvements, and other on- or off-site improvements and development with the development of residential dwellings. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 17, 1982).

18.58.200 Permissible zones and uses.

(1) PRD shall be allowed only in single-family residential zones on parcels which have been designated environmentally sensitive and which contain no less than 10 acres which includes steep slopes and shorelines. The only uses allowed in a PRD are single-family residences, and recreational facilities for use of such residences, including, but not limited to, tennis courts, swimming pools, playgrounds, community and social halls; and accessory uses, such as garages, carports and garden/tool/storage sheds; and such other uses as provided by this chapter, or as granted by variance by the city council when approving the PRD or any amendment thereto.

(2) Single-family residential uses shall mean residences that may be clustered in accordance with provisions of this chapter, or located on that portion of the site where the natural environment is least disturbed thereby.

(3) Accessory uses may be provided for each individual single-family residential unit or in combination for the use of units. Each unit constituting a single-family unit may be located so as to extend from the ground to the roof-top; there shall be no unit or portion of a single-family unit located above or below another single-family unit.

(4) All building and zoning requirements not addressed in this chapter or subsequent PRD ordinances or amendments shall be the same as those provided for in the underlying zone and the building codes of the city. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 18, 1982).

18.58.210 Use control – Open space land.

(1) General.

(a) Public or private roads, and parking areas as defined in subsections (7) and (8) of NPMC 18.58.220, and recreational facilities may be used as part of the computation for required common open space.

(b) All lands within 25 feet of the ordinary highwater mark of shorelines, including Walker and Miller Creeks, wetlands, and steep slopes in excess of 25 percent grade shall be considered open space for the purpose of this chapter, and shall be included in determining the required common and public open space, or a combination of the two.

(c) Open space shall be arranged as to be an integrated part of the project, not isolated and apart therefrom.

(2) Common. There shall be a minimum of 20 percent of the parcel to be developed designated as common open space, reserved and maintained in common ownership by a covenant for the benefit of all PRD owners of the particular development, which owners shall provide by covenant agreement for its continuous maintenance.

(3) Public. If there is a dedication of public open space, it shall be in addition to the designated common space requirement; and there shall be a clear definition, such as fence or other barrier between the public and private dedications; and there shall be an access from an established public way.

(4) Maintenance of Common Open Space. All land shown on the final development plan as common open space must be maintained under the following provisions:

(a) The common open space shall be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the common open space. Membership in the association or organization and dues or other assessment for maintenance purposes shall be mandatory for those owning units within the PRD.

(b) The common open space must be subject to covenants or covenant amendments to be approved by the city council which restricts the uses to those specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures it continuing for its intended purposes.

(c) The common open space shall not be put to any use not specified in the final development plan unless the final development plan has been amended by the city council as provided in NPMC 18.58.370. However, no change of use so authorized may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all right thereto. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 19(1), 1982).

18.58.220 Use control – Street design and off-street parking requirements.

There may be flexibility of street design requirements, so that private lanes, when appropriate, may be allowed, and off-street parking shall be required, provided the following conditions are fulfilled:

(1) Private lanes under a PRD development may serve no more than four single-family residences; provided, there is assurance that such streets are adequate for required safety and service vehicles.

(2) All streets not designated private lanes must meet the city code for access streets, or any deviation granted by action of the city council.

(3) Streets, whether public or private, shall provide for closed drainage systems, for underground utilities, and for pedestrian walkways, sidewalks or paths.

(4) Garage and/or car space for a maximum of three vehicles, or a minimum of two vehicles shall be provided for each dwelling unit. Storage and parking of vehicles owned by occupants of dwelling units shall be limited to the garage and/or carports, except as provided in subsection (7) of this section.

(5) Provision of reasonable area and within close proximity to the units shall be made for temporary and occasional parking by visitors. Such temporary or visitor parking shall be off of the driving surface of the road, and used in such a manner as not to impede the flow of or sight-distance of traffic on the private or public street.

(6) There shall be no off-street or on-street storage of vehicles except as provided in subsection (7) of this section.

(7) An area shall be provided for the purpose of storing boats, trailers, recreational vehicles and family automobiles, located at least 25 feet from any residential structure, and appropriately screened so as to lessen the visibility from residences in or near the PRD and from access to the PRD. For every four single-family units there shall be developed or reserved for future development 300 square feet of such storage space, and limited to storage provided in this subsection.

(8) There shall be provided, through covenants or other legal means, assurance of permanent maintenance of private streets, storage and parking areas. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 19(2), 1982).

18.58.230 Use control – Permitted site coverage.

Gross floor area ratio shall not exceed that provided in the underlying zone. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 19(3), 1982).

18.58.240 Use control – Lot sizes and building sites.

The perimeter of all lots shall be in reasonable proportion to the lot sizes as required below, and have building sites in accordance with NPMC 13.08.060:

(1) Minimum lot size for single-family unit shall be 7,200 square feet with a building site not less than 2,000 square feet, except the greater width of the building site of a single-family unit shall not be less than 60 feet; and further provided, that a single-family lot size of 7,200 square feet may be reduced by no more than 20 percent; provided such reduction shall become additional dedication to the common open space;

(2) Minimum lot size for two single-family units with common wall(s) shall be 12,000 square feet with a building site not less than 4,000 square feet;

(3) Minimum lot size for three single-family units with common wall(s) shall be 14,000 square feet with a building site not less than 6,000 square feet. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 19(4), 1982).

18.58.250 Use control – Setbacks.

The minimum distance between a building and the exterior boundary or outer perimeter of a PRD parcel to be developed shall be 25 feet. Such 25 feet may be utilized for sidewalks, paths, or walkways, and shall be landscaped as hereinafter provided and maintained as a common area and open space. This minimum may be adjusted if it is determined that such provision will either minimize the impact on adjacent residential property, or will not adversely affect such adjacent residential property. Any modification shall be endorsed upon the approved site plan. No structure or appurtenance shall be constructed to project into any open space or setback requirement.

(1) For single-family structures unattached to other single-family structures, the setback between such structures shall not be less than 10 feet, measured horizontally from closest building protrusion from outer edge of overhang.

(2) For single-family structures attached by common walls, the setback between separated buildings shall not be less than 25 feet.

(3) All front yard setbacks shall be not less than 20 feet from a front property line measured parallel, or as nearly parallel as possible, to an access right-of-way or easement; and such front setback shall not be hard-surfaced except for access to required garage or carport.

(4) Rear yard setbacks shall be 25 feet, except those rear yards adjacent to dedicated open space may be reduced by an amount equal to the distance from the property line to the centerline of the dedicated open space; provided, that no rear yard setback shall be less than 10 feet; and further provided, that no structure shall be closer to a steep slope of greater than 25 percent grade than soil study and the engineering review indicates would be safe for such structure.

(5) All side yard setbacks, other than those provided in subsections (1) and (2) of this section, shall be less than five feet.

(6) No required setback shall be used for parking or storage of vehicles; except that temporary parking of automobiles only shall be allowed on those portions of driveways not located on street rights-of-way.

(7) Fire Safety Limitations. In no instance shall spacing of buildings or permitted setback reductions violate the fire lane requirements established by King County Fire Marshall pursuant to King County Code 17.04.090, and in no instance shall spacing of buildings violate the firewall, occupancy and area requirements of the International Conference of Building Officials Uniform Building Code, Chapter 5, or subsequent amendments thereto as adopted in this code

(8) Increased Requirements. In those instances where the principles of light and air, use and privacy of individuals would be contradicted by the proposed PRD unit design, the minimum setback and building space requirements shall be increased. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 19(5), 1982).

18.58.260 Numbers of single-family dwelling units allowed.

The number of single-family residential units shall be the same as allowed by the underlying zoning except as provided in this section. The number of single-family dwelling units shall be determined by:

(1) Using the gross area of parcel(s) being developed, subtract 15 percent, unless it can be demonstrated that more or less would be required for streets/utilities access and rights-of-way, to find the net area; and

(2) Divide the net area of the parcel by the minimum lot size per single-family dwelling required by the underlying zone, to find the number of single-family units allowed under such zoning; and

(3) Multiply the resulting number of single-family units by 1.1 to determine the maximum numbers of single-family dwelling units allowable under the PRD regulations. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 20, 1982).

18.58.270 Deviations and modifications from zoning, subdivision and platting requirement.

Whenever a development plan seeks any exceptions or variances to land use regulations, the city council, prior to final approval, shall set a public hearing to consider such exceptions or variances. Notice thereof shall be given in accordance with NPMC 18.58.100. Any interested person, whether or not a resident of the city, may be heard subject to reasonable regulation by the council. Attendance of city officials may also be compelled. Following any hearing on such a use variance application the council may recess or adjourn for the purpose of preparing a written decision granting or denying the use variance which shall be rendered concurrently with its final decision of approval or disapproval as set forth in NPMC 18.58.140. The written decision on the use variance shall clearly set forth the facts which establish the basis for granting or denying the permit as those facts relate to the conditions set forth in NPMC 18.20.060 which shall serve as the criteria by which the council makes its decision. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 21, 1982).

18.58.280 Building permit issuance – Minor adjustments.

In issuing building permits in connection with the construction of planned residential development, the city manager, or his appointee as building official, may allow minor adjustments involving the location or dimensions of buildings; provided such adjustments shall not change the character or general location of buildings, and shall not increase the total amount of floor space authorized in the planned residential development, or the number of dwelling units, nor decrease the amount of parking or permit buildings to locate closer to any boundary line, nor change any points of ingress and egress to the site. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 22, 1982).

18.58.290 Landscaping provisions.

Landscaping for common open spaces and for residential lots shall be provided in accordance with a plan prepared and/or approved by a landscape architect licensed in the state. The landscape plan shall be submitted under the final plan submittal. The plan requirements shall consist of, but are not limited to:

(1) A plan presented in a scale of one inch representing measurement not to exceed 20 feet (not to exceed 1" = 20') indicating plan layout, identification plant list, size and spacing of plants;

(2) A proposal to retain as much existing and undisturbed natural vegetation and trees as possible, and any protective measure to be adopted during construction for the purpose of protecting existing trees and plants;

(3) New plantings and trees proposed to enhance or replace the existing vegetation and trees, selected and provided in accordance with the following types, which shall be used as part of the PRD (see Appendix1);

(4) Provisions for restricting the cutting of trees; provided this shall not apply to trees that can be shown to be damaged in prior years, diseased, or of minimal value for long-term enhancement of the area;

(5) Landscaping for common open space shall be provided in accordance with the following:

(a) A schedule to coincide with the completion of each phase or division of complete project,

(b) A performance bond to the city in an amount equal to a minimum of 150 percent of the cost of the installation of the approved landscaping,

(c) An escrow or bond guarantee for a period of three years from the date of acceptance of the landscaping as completed,

(d) Inclusion of a maintenance agreement in the PRD ownership covenants to assure perpetual maintenance and replacement;

(6) Landscaping of individual units shall be provided in accordance with the following:

(a) A schedule to coincide with the occupancy permit for each single-family unit,

(b) A performance bond as provided in subsection (5)(b) of this section,

(c) Inclusion of a maintenance agreement as provided in subsection (5)(d) of this section. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 23, 1982).

18.58.300 Contracts and guarantees.

No final development plan for a PRD shall be implemented and no site preparation or construction work shall begin until the applicant files with the city contracts and guarantees as provided in this section:

(1) A bond approved by the city manager, executed by a surety company authorized to do business with the state, in an amount equal to the estimate by the city engineer of the cost of all off-building site improvements, including but not limited to, utilities, streets, sewers, storm drainage and retention systems, of the final development plan, conditioned upon the petitioner’s satisfactory completion of such portions of the project in accordance with the approved final plan, schedule and provisions of this chapter. There shall be provisions that no change, extension of time, alteration or addition to the project shall in any way affect the obligation of the bond. In lieu of a bond, the developer may sign a contract with the city and provide sufficient funds in escrow in a local commercial bank protected by federal regulations to cover the estimated cost of the required improvements. Under an escrow arrangement, the city shall have the power to release the funds in incremental amounts upon proof by the developer that a portion of the improvements have been made and acknowledged, in writing, by the city as to completion. Whether a bond or cash is required for a guarantee to the city that the improvements will be made as required, the city shall add a factor for potential inflation as well as contingencies such as legal fees or engineering review as may be required on behalf of the city. Concurrent with the city’s acceptance of improvements such as sewers, roads, drainage, and retention systems, the developer shall issue a maintenance bond to protect the city for one year from that acceptance date from failure of those systems, such potential failure not being discernible at the time the improvement was accepted as completed. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 24, 1982).

18.58.310 Permits – Certificates of occupancy.

The building official shall issue permits for buildings and structures which conform with the approved final development plan for the planned residential development approved by the city council, and with all applicable city ordinances and regulations. The building official shall issue a certificate of occupancy for completed buildings or structures which conform to the applicable city ordinances and regulations. The development of all open spaces and reserves for public or private use of each project phase must be completed before any certificates of occupancy will be issued. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 25, 1982).

18.58.320 Final development plan – Effect.

Approval of the city council of the final development plan for a PRD and the filing of contracts and guarantees as provided in NPMC 18.58.300 shall authorize the owner or owners of the parcel(s) to be developed as a unit to proceed with the project, acting in concert, subject to issuance of building permits, and shall bind owner(s) to the implementation of such final development in strict compliance with such approved plan and the provisions of this contract. Such authorization shall be confirmed in writing by the city manager before construction shall start. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 26, 1982).

18.58.330 Filing of approved final development plans – Zoning map revision required.

Following the approval of the final development plan or modified development plan by the city council, the city clerk shall file one copy of the approved plan with the official records of the city, prior to any site or construction work. The developer shall file a plat creating individual building sites for individual ownership, private or public open spaces, guarantees and covenants, and documents for home owners association in accordance with NPMC Title 17 and Chapter 58.19 RCW. After the approval of the final development plan by the city council, the official zoning map shall be revised to:

(1) Reflect the existing underlying zoning for the parcel(s) involved;

(2) Indicate the establishment of a PRD thereon. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 27, 1982).

18.58.340 Resubmittal of new or revised plans.

If the city council rejects the planned residential development plan under the preliminary or final plan process, substantially the same plan for the same site may not be resubmitted to the planning commission. However, a new plan which varies substantially from the rejected proposal as determined by the planning commission, or one that satisfies the objections stated by the city council in its review, may be submitted after three months from the date the city council rejected the previous application, or in less time if a waiver is issued by the city council at a regular public meeting. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 28, 1982).

18.58.350 Revocation of approval.

In the event a condition of approval is violated or unfulfilled within the time set for its completion or provisions of the approval, or the Normandy Park Municipal Code is violated, the city council may, either on recommendation of the planning commission or on its own motion, direct that written notice be given 10 days in advance to the applicant, and then conduct a public hearing upon the question of the revocation of the approval and any permits granted pursuant to it. After a public hearing the council may revoke the approval and/or permits by ordinance. Nothing in this section shall limit the revocation of building permits, issuance of stop work orders, or other such procedures elsewhere authorized when deemed appropriate for compliance with the city code. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 29, 1982).

18.58.360 Abandonment – Time limitations.

If any PRD project, or any phase or division of a PRD project is abandoned, or if, upon the expiration of two years from the adoption of the authorizing ordinance for any division or phase of a PRD project, the off-building site improvements have not been completed and common open space has not been planted or have not been commenced pursuant to any extension of time for completion granted by the city council, such completion being determined by requirements of the ordinance, agreements, contracts, or other documents/drawings governing same, the authorization for the project shall automatically expire and no building or occupancy permits shall thereafter be issued, renewed, or extended. Upon expiration of the authorization, the land and structures, if any, shall only be used for lawful purposes permitted in the underlying zone in which the project is located. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 30, 1982).

18.58.370 Amendments to PRD.

All amendments or alterations to the PRD shall be approved through the final application and plan submittal process in the same manner in which the original final application was submitted and approved, except as provided in NPMC 18.58.270. Amendments or alterations to the PRD shall include, but shall not be limited to, any exterior structural changes, any exterior upgrading that structurally alters the building(s), or amenity changes that were specifically provided by city code and contracts, or protected by covenants. Such alteration or change must be compatible with the overall intent and design scheme of the PRD as originally approved. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 31, 1982).

18.58.380 Schedules of fees and charges.

A schedule of fees shall be established by resolution of the city council for filing of applications for preliminary and final development plans, and such fees shall be adjusted periodically to meet the city’s expenses in processing applications and public notices. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 33, 1982).

18.58.390 Reimbursement to city for review expertise.

In addition to fees established by resolution, any consultant, technical and legal fees incurred by the city in the review process or in enforcement of its requirements and regulations relative to PRDs shall be borne by the applicant(s) and shall be reimbursed at actual cost to the city. (Ord. 955 § 5 (Exh. 5), 2017; Ord. 412 § 32, 1982).


Code reviser’s note: The Appendix is on file in the office of the city clerk.