Chapter 17.60
PRELIMINARY SUBDIVISION
Sections:
17.60.030 Application submittal.
17.60.060 Limitation on preliminary approval.
17.60.070 Modifications to preliminary subdivisions.
17.60.010 Purpose.
Pursuant to Chapter 58.17 RCW, it is the intent of this chapter:
A. To establish processing and approval of a division of land.
B. To promote the public health, safety and general welfare, and to further the goals and policies of the city comprehensive plan.
C. To facilitate adequate provisions for water, sewer, stormwater drainage, ingress and egress, and public uses.
D. To protect critical areas and critical area buffers as designated in Chapter 16.20.
E. To require conveyance by accurate legal description. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.020 General standards.
A. All preliminary subdivision applications shall be processed as a Type III application according to the provisions of Title 19.
B. All proposed lots in a preliminary subdivision must meet the site requirements of the zoning district in which they are located or as otherwise allowed in the zoning ordinance (i.e., planned residential development; lot averaging); and shall be of sufficient size, dimension, design and configuration so as to permit development of the lot without variance from the applicable zoning requirements.
C. A preliminary subdivision may contain any number of tracts (land reserved for special uses, such as surface water retention, utility facilities, access, open space, recreation areas, tree retention areas, critical area and buffers). Tracts are not considered lots or building sites for purposes of development or density, shall be identified as such on the face of the plat, and held under common ownership by the plat lot owners. When tracts are provided and intended for common ownership (i.e., not dedicated to the city), a statement on the face of the plat and in the plat’s covenants, conditions and restrictions (CCRs) shall be included that states “Tracts identified are intended for their stated purpose and have no development potential, cannot be sold or further subdivided.”
D. As required by Chapter 58.17 RCW, a preliminary subdivision shall be approved, approved with conditions, denied, or returned to the applicant for modification or correction within ninety days from the date of filing of a complete application unless the applicant agrees to an extension of the time period in writing, or as set forth in Chapter 19.80, Time Frames for Review. A preliminary subdivision application shall not be deemed filed until all of the requirements for a technically complete application established in Chapter 19.30 have been met. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.030 Application submittal.
An application for a preliminary subdivision shall contain the following:
A. Completed application form(s) per city requirements, and all identified submittal requirements.
B. The required application fees.
C. The preliminary plat drawings shall be prepared as set forth in the preliminary subdivision application form and shall include the following:
1. Project name, plan date, and/or revision date.
2. Name and phone number of preparer.
3. North arrow and bar scale.
4. Dimensions of the subject property, and all existing and proposed lots, parcels, and tracts; as well as any building and other structures within the property.
5. List proposed impervious area(s), including proposed pollution generating pervious and impervious area(s).
6. Structures and driveways within one hundred fifty feet of the property, on both sides of the street.
7. Existing and proposed easements and any encroachments.
8. Existing and proposed road and utilities, including any stormwater detention facilities.
9. Location of existing and proposed walls and fences, with an indication of their height and construction materials.
10. Existing and proposed topography at contour intervals of no more than five feet.
11. Critical areas as indicated in Chapter 16.20, located on or within three hundred feet of the property.
12. Streets adjacent to, surrounding or intended to serve the property.
13. Zoning of adjacent properties.
D. A completed SEPA checklist.
E. Demonstrate compliance with current stormwater standards.
F. Any critical areas special reports as identified in the preapplication conference letter.
G. All off-site easements necessary to provide access to the subdivision or to serve the subdivision with utility infrastructure.
H. Proposed covenants, conditions and restrictions (CCRs).
I. Preliminary landscape plan, if required.
J. Tree retention plan, if required.
K. A traffic study, if required.
L. Proposed plat divisions.
M. Title report or plat certificate (within ninety days of submission, or as set forth on the application form) for all parcels involved.
N. Any additional information identified by the city as necessary in order to provide a complete review of the proposed preliminary subdivision.
O. Any additional information identified in the proposed preliminary subdivision preapplication summary letter. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.040 Decision criteria.
A. A proposed preliminary subdivision may be approved only if the following findings are made by the review authority:
1. The proposed preliminary subdivision conforms to the requirements of this title.
2. The proposed preliminary subdivision conforms to the site requirements for the zoning district in which the property is located and/or other applicable zoning provisions.
3. The proposed preliminary subdivision:
a. Makes adequate provision for streets, roads, alleys, other public ways, and transit stops as required; and the proposed street system provides for the safe, orderly and efficient circulation of traffic.
b. Will be adequately served with water, sewer, storm drainage, and other utilities appropriate to the nature of the subdivision, and meets all current and applicable standards.
c. Makes adequate provision for parks, recreation and playgrounds, as required.
d. Makes adequate provision for schools and school grounds, as required.
e. Makes adequate provisions for sidewalks and other planning features that provide safe walking conditions for students who walk to and from school.
f. Makes adequate provisions for critical area protection pursuant to Chapter 16.20.
g. Makes adequate provisions for fire and emergency access and protection.
h. Serves the public interest and makes appropriate provisions for the public health, safety, and welfare.
B. If the findings in subsection A of this section have not been met, the review authority shall deny the proposed preliminary plat, unless specified conditions have been issued to fully satisfy the criteria.
C. Where a preliminary plat subdivision is to be developed in divisions with a final plat approved and recorded separately for each division, the applicant shall request approval of divisions as part of the preliminary plat subdivision application. Each separate division shall be required to meet the requirements of subsection A of this section and all other applicable city codes when considered independently from any other division. When an applicant requests divisions after preliminary plat approval has been granted but prior to recording, divisions may be approved only through modification of the preliminary plat subdivision as set forth in Section 17.60.070. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.050 Approval process.
A. The review authority shall approve, approve with conditions, or deny a preliminary subdivision application. The decision shall be in writing and shall include findings and conclusions based on the record to support the decision.
B. Approval by the review authority of the preliminary subdivision shall constitute authorization for the applicant to develop the subdivision improvements, upon review and approval of final engineering construction drawings by the city engineer as set forth in Section 17.80.090. All development of the preliminary subdivision shall be subject to any conditions imposed by the review authority. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.060 Limitation on preliminary approval.
A. The time period for filing of a final plat after preliminary subdivision approval shall be as set forth in RCW 58.17.140.
B. Upon written request by the property owner filed no less than thirty days prior to the date of expiration, the PED director and city engineer may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon the finding:
1. There has been no material change of circumstances applicable to the property since subdivision approval.
2. The applicant has attempted in good faith to submit the final plat within the prescribed time period and the likelihood that the preliminary plat will be recorded within the additional year.
3. The city shall not grant more than one one-year extension.
C. If a final plat has not been filed after the initial RCW 58.17.140 validity or after the additional one-year extension, it will be considered expired and a new application will be required to be submitted. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.070 Modifications to preliminary subdivisions.
A. Modifications to a preliminary subdivision after city approval but prior to final plat recording with the Kitsap County auditor may be requested by a property owner and approved by the review authority and shall follow the procedures of a Type II permit process review, Section 19.40.030, including issuance and distribution of a notice of application.
B. An application for preliminary subdivision modification shall be submitted on subdivision modification application form, any identified submittal requirements, and the required application fee. The application shall require an explanation of the reasons for the modification and contain signatures of all parties having an ownership interest in the plat.
C. The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
1. Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
2. Minor changes in lot or tract lines or dimensions, with no change in density; and minor changes to street alignment or utility design.
3. Reduction in the number of lots approved, as long as the modification meets the minimum density requirement.
4. Minor changes to clarify notations on the face of the plat.
5. A change to a condition of approval that does not modify the intent of the original condition.
6. Reconfiguration of any designated open spaces or recreation areas; provided, that no reduction in overall area occurs.
D. When approving a preliminary subdivision modification, the review authority shall make written findings and conclusions. Modifications must meet the following criteria:
1. The modification complies with all of the requirements of this title and other applicable chapters of the Poulsbo Municipal Code.
2. There will not be substantial changes in the impacts on the neighborhood or the city as a result of the modification.
3. No increase in density, number of dwelling units or lots is proposed.
4. The modification will not substantially alter any hearing examiner findings of fact or conditions of approval.
5. The modification does not reduce any required designated open space or recreational amenity.
E. Alterations which exceed the criteria established in subsections C and D of this section, but are limited in scope and impact, may be considered by the initial approval review authority as a major modification, and processed as a Type III application. The initial approval review authority shall hold a public hearing on the limited in scope proposed modifications and include written findings that the modification is: (1) consistent with the original preliminary plat findings of fact and conditions of approval; (2) does not create additional lots, tracts or parcels; (3) consistent with development regulations in effect at the time of the preliminary subdivision approval; and (4) does not increase any adverse impacts or effects of the plat. If these findings cannot be made, the proposed modification shall be denied.
F. Modifications which would result in an increase in the number of lots and/or density previously approved, constitute significant plat redesign or modifications that in the opinion of the review authority would increase any adverse impacts or effects of the plat shall require a new application and fee.
G. The review authority’s decision will be the final decision of the city unless appealed in accordance with Title 19.
H. A statement is required on the plat drawing and any other affected documents, noting the changes and that the revised plat drawing/documents supersede the originally approved drawing/documents.
I. Modifications to a preliminary subdivision shall not amend or extend the established time limit for final subdivision approval as provided in Section 17.60.060.
J. Modifications to a subdivision after recording with the Kitsap County auditor shall follow the plat alteration process established in Chapter 17.90 or through submittal of a new preliminary subdivision application. Vacations shall be made through the subdivision vacation process in Chapter 17.90. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.60.080 Model homes.
A. Purpose. The purpose of model homes shall be to demonstrate a variety of housing designs together with all associated on-site improvements (i.e., streets, utilities, stormwater management, driveways, landscaping, patios, etc.) prior to recording of final plat.
B. Number Authorized. After preliminary plat approval is granted, up to four model homes for each division of development may be permitted; however, model homes may be permitted in a later phase of development only after a final plat has been approved for each preceding division.
C. Eligibility. Any applicant who has received preliminary plat approval may apply for a building permit(s) for model homes, if the following criteria are met:
1. The applicant for the model home building permit, if different than the owners and applicant for the approved preliminary plat, shall provide a signed and notarized document by the owner demonstrating that the applicant has real or possessory interest in the property described in the legal description of the approved preliminary plat.
2. The applicant has submitted and received approval of civil engineering construction drawings as required by the city engineer.
3. Stormwater facilities that serve the model home lots shall be in place or approved in the case of individual lot stormwater management.
4. Any road improvement required as a condition of preliminary plat approval that is designed to provide access to the model home from an existing public right-of-way shall be complete.
5. Lot corners shall be staked by or under the supervision of a licensed land surveyor in accordance with the preliminary plat lot configuration prior to construction of the model home.
6. All areas of the subdivision serving the model home(s) have installed frontage improvements as required by the city engineer.
7. Water and sewer are installed to each lot proposed for model home(s), as directed by the city engineer and fire official.
8. Fire protection must be available to any lot proposed for construction of a model home.
D. Application Requirements. Each residential building permit application for a model home(s) shall include the following submittals:
1. Applications for model homes shall be submitted on the same form as if the model homes were a standard dwelling unit, and shall be subject to all applicable codes of the city.
2. Copy of hearing examiner decision of approval and approved preliminary plat drawing.
3. Building site plan(s) showing the location of the proposed model home(s) with distances indicated from the proposed final plat lot lines. Model homes shall comply with minimum setback and development standards of the applicable zoning district and conditions of approval. Prior to building permit issuance, the location of the lot, building, corners and offset stakes five feet from each exterior structure corner shall be staked by a licensed land surveyor prior to construction, and a certification from the surveyor provided to the city confirming the proper home location.
4. Overall site plan showing the location of proposed temporary improvements specific to the model home(s) uses such as signage, flags, banners, fencing, landscaping, and impervious surfaces such as parking areas and sidewalks.
5. Two drawings of the proposed final plat.
6. The owners shall submit a written covenant that states construction of the model home(s) is at their own risk, and hold harmless and indemnify the city, its officers, agents, and employees, for claims associated with the removal of such buildings and portions thereof not in compliance with the final plat approval.
7. The owners shall post a bond in a form acceptable to the city attorney in an amount sufficient (a) to remove said buildings or any portion thereof to the extent which the buildings are inconsistent with any final plat approval, or in the event that such plat is disapproved, or to bring about compliance with the applicable zoning standards; and (b) to restore the site to conditions as existing prior to the construction of the model home(s).
8. All applicable building permit plan review and construction fees and a model home fee shall be required.
9. All applicable and required impact fees.
E. One model home may be used, after final inspection, as a temporary marketing center. Other model homes may be furnished and decorated to show the general public after final inspection.
F. No model home shall be issued a certificate of occupancy or occupied for residential use prior to the recording of the final plat. No model home shall be sold, leased, rented or otherwise transferred in ownership until the final plat is recorded, unless the property interest is transferred in conjunction with a transfer in interest of the plat as a whole.
G. At the time of final plat application submittal, a certification from a licensed land surveyor shall be provided confirming the location of the constructed model homes are placed appropriately on their respective lots and meet all setback requirements and/or conditions of approval.
H. Any modification proposed to an approved preliminary plat due to the subsequent placement of a model home shall be processed according to the provisions of Section 17.60.070. No variances will be allowed.
I. No new dwelling units other than model homes shall be permitted within the approved preliminary plat prior to final plat approval and recording. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)