Chapter 18.150
SUBDIVISIONS

Sections:

18.150.010    Purpose.

18.150.020    Applicability.

18.150.030    Procedures.

18.150.040    Standards.

18.150.050    Preliminary plats and short plats.

18.150.060    Final plats.

18.150.070    Subdivision vacation.

18.150.080    Subdivision alteration.

18.150.090    Final subdivision and short subdivision corrections.

18.150.100    Improvements.

18.150.110    Surety.

18.150.120    Enforcement.

18.150.130    Lot line adjustments.

18.150.140    Binding site plans.

18.150.010 Purpose.

The purpose of this chapter is to establish the standards and procedures for the creation of new lots and alterations to existing lots. No division of land shall be made within the city, except in full compliance with the provisions of this chapter. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.010)), 2010.]

18.150.020 Applicability.

The provisions of this chapter shall apply to all subdivisions of land unless specifically noted.

A. Pursuant to RCW 58.17.040, the provisions of this chapter shall not apply to:

1. Cemeteries and other burial plots, while used for that purpose;

2. Any division made by testamentary provisions or the laws of descent;

3. A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land when a binding site plan for the use of the land has been approved;

4. A division made solely for the purpose of adjusting boundary lines;

5. Divisions created by action of public bodies not for the purpose of future sale or lease, including:

a. Acquisitions through negotiation or condemnation of fractional parts of land by public bodies for the purpose of future public use as public highways or public utility facilities; and

b. Annexations and land vacations accomplished pursuant to and in accordance with all pertinent state and local laws governing same. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.020)), 2010.]

18.150.030 Procedures.

A. Lot line adjustments shall be processed as a Class 1 permit.

B. Short plats or subdivisions involving four lots or less shall be processed as a Class 2 permit.

C. Long plats or subdivisions involving five or more lots shall be processed as a Class 3 permit. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.030)), 2010.]

18.150.040 Standards.

All newly created lots and alterations to existing lots shall conform to the following standards:

A. The minimum size of lots in the residential zone shall be 6,500 sq. ft.

B. The minimum size of lots in the urban forest overlay shall be 20 acres. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.040)), 2010.]

18.150.050 Preliminary plats and short plats.

A. Each proposed subdivision or short subdivision shall be reviewed to ensure that:

1. The proposal conforms to the goals, policies and plans set forth in the Roslyn comprehensive plan;

2. The proposal conforms to the site and design requirements set forth in this title. No final subdivision or short subdivision shall be approved unless the requirements are met;

3. The proposed street system and pedestrian system conform to the Roslyn comprehensive plan, the architectural design review standards in this title and the public works development design standards as adopted by the city, and is laid out in such a manner as to provide for the safe, orderly and efficient circulation of vehicular and pedestrian traffic;

4. The proposed subdivision or short subdivision will be adequately served with city-approved water and sewer, and other utilities appropriate to the nature of the subdivision or short subdivision;

The city may require as a condition of approval that any existing lots or structures currently served by a septic system connect to the city sewer system;

5. The layout of lots, and their size and dimensions, takes into account topography and vegetation on the site in order that buildings may be reasonably sited, and that the least disruption of the site, topography and vegetation will result from development of the lots;

6. Identified hazards and limitations to development have been considered in the design of streets and lot layout to assure street and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected.

B. The planning and historic preservation commission shall consider agency reports, public testimony and all other relevant facts and consider whether the proposed subdivision makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and whether the public use and interest will be served by the platting of such subdivision.

C. Recommended conditions to be fulfilled, if any, after approval of the preliminary plat shall be written on the face of the plat.

D. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. A record of the public meeting/public hearing shall be kept by the city and shall be open to public inspection.

E. Approval of a preliminary plat shall not constitute approval of the final plat for record. Rather, it shall be a guide to the preparation of the final plat, which shall be submitted for approval of the required officials within two years of the date of preliminary plat approval unless extended in accordance with the provisions of this chapter. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.050)), 2010.]

18.150.060 Final plats.

The final plat shall conform substantially to the preliminary plat, and shall incorporate any conditions or recommendations imposed by the city.

A. The final plat shall be submitted within five years of the date of preliminary plat approval. An applicant who files a written request with the city at least 30 days before the expiration of this five-year period may be granted a three-year extension with two one-year extensions following a showing that the applicant has attempted in good faith to submit the final plat within the five-year period.

B. The city shall review the final plat for conformance to conditions imposed on the approved preliminary plat.

C. The final plat shall be recorded within 30 days following the date of approval of the final plat. If the subdivider fails to file his final plat prior to the expiration of the above time period, he shall resubmit the plat in accordance with the provisions of this chapter.

D. Once a plat has been filed with the county auditor, it shall remain as the official plat covering the land. If a person proposes to alter or vacate the plat in whole or in part, the procedures set forth in Chapter 58.17 RCW shall be followed.

E. No building permit shall be issued or approved until such time as the city approves and accepts the final plat for the subdivision and the final plat is recorded with the Kittitas County auditor.

F. Inspection of improvements shall be made during construction and after completion of required improvements. Scheduling of inspections shall be the responsibility of the applicant and shall be coordinated with the appropriate city staff.

G. Once property is subdivided in accordance with the short subdivision regulations of this chapter, no further division creating more than nine lots, tracts, parcels, sites or divisions from the original short plat shall be made for a period of five years from the date of recording of the short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this chapter.

H. In the case of a proposed redivision of land within a short plat or a regular plat, either the short subdivision or regular subdivision provisions of this chapter and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the land as defined by this chapter and/or the period of time that has elapsed since the recording of a prior short plat. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.060)), 2010.]

18.150.070 Subdivision vacation.

A. Any person interested in the vacation of any subdivision or part of a subdivision, or area dedicated for public use shall file an application for subdivision vacation with the city. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion to be vacated. If the subdivision is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation.

B. Applications for subdivision vacation shall be processed as a Class 3 permit. The decision maker shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the approval authority adopts written findings that the public use would not be served in retaining title to those lands. Title to vacated property shall be governed by Chapter 58.17 RCW, Plats – Subdivision – Dedications. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.070)), 2010.]

18.150.080 Subdivision alteration.

A. Any person interested in the alteration of any subdivision, except as provided in RMC 18.150.090, Final subdivision and short subdivision corrections, shall submit an application for the alteration to the city. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered and other application submittal materials as required. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration. A new survey shall not be required except for new lines created by the amended short plat.

B. An amended short plat shall not increase the number of lots, tracts, parcels, sites or divisions into more than nine from the original short plat for a period of five years from the date of recording of the original short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this chapter.

C. Alterations shall be reviewed for consistency with this chapter and the regulations of this title.

D. If an alteration is approved, the applicant shall submit to the city a revised drawing of the approved alteration of the subdivision which, after signature of the decision maker, shall be filed by the applicant with Kittitas County. The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.080)), 2010.]

18.150.090 Final subdivision and short subdivision corrections.

A. Public Dedication – Not Involved. Amendments, alterations, modifications, and changes to recorded final subdivisions and short subdivisions not involving a public dedication shall be accomplished only by one of the following methods:

1. File a new subdivision for the lots in question by following the full subdivision procedures of this chapter; or

2. File a short subdivision for lots in question by following the procedures of this chapter; provided, that short subdivisions occurring in final subdivisions approved under the provisions of the Roslyn Municipal Code do not exceed the density allowed under the zoning existing at the time the original subdivision was approved, or are not inconsistent with other provisions of the subdivisions; or

3. File a minor modification or lot line adjustment. This method may be used to correct or adjust short subdivisions or final subdivisions, provided the proposed changes are minor and do not create buildable lots. This method may be used to consolidate two or more existing lots. A final subdivision or short subdivision mylar shall be filed with the normal and required signature attachments and a cross-reference to the original final or short subdivision and fees as set out by resolution. Normal and required signatures shall mean only the signatures of owners of lots affected by a minor modification or lot line adjustment.

Minor errors not involving a change in lines may be corrected by the surveyor upon approval of the planning and historic preservation commission by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction.

B. Public Dedication – Involved. Amendments, alterations, modifications and changes to recorded final subdivisions and short subdivisions involving a public dedication shall be accomplished by following the procedures of RMC 18.150.070, Subdivision vacation, or RMC 18.150.080, Subdivision alteration. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.090)), 2010.]

18.150.100 Improvements.

The city may require the formation of a maintenance corporation charged with the responsibility of construction and maintenance of the streets and other common facilities in the proposed subdivision. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.100)), 2010.]

18.150.110 Surety.

In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city may accept a bond in an amount and with surety and conditions satisfactory to the city council, or other secure method, providing for and securing to the city the actual construction and installation of all improvements within a time period specified by the city expressed in said surety. In addition, an agreement, bonds, or other security may be required by the city securing to the city the successful operation and maintenance of the improvements for up to two years after final plat approval. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.110)), 2010.]

18.150.120 Enforcement.

The following actions are violations of this chapter and shall be subject to enforcement actions which may include civil and criminal penalties:

A. No building permit, septic tank permit, access/approach permit, or other development permit shall be issued for, or physical development or change be undertaken or permitted on, divisions subject to this title and/or Chapter 58.17 RCW without compliance with the respective provision thereof.

B. No person, firm, corporation, association or agent thereof shall transfer, sell or lease, either by deed or contract, any land subject to the requirements of short plat approval until a short plat has been approved and filed. Any person who violates any of the short plat provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine in accordance with the provisions of the city fee schedule. Each day such violation continues shall be considered a separate offense. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.50.120)), 2010.]

18.150.130 Lot line adjustments.

A. A lot line adjustment is a mechanism by which the city may approve the alteration of lot lines between legally created lots, where such an adjustment 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.

B. Application for lot line adjustments shall be submitted to the planning official. The application shall consist of all of the following:

1. A declaration of the lot line adjustment;

2. The legal description of the current parcels;

3. The legal description of the proposed parcels;

4. A sketch of the before and after configuration of the parcels drawn to scale indicating easements, any existing buildings, structures, utilities or drain fields at no smaller than one inch to 50 feet;

5. A notarized acknowledgment of the affected property owners and all easement holders;

6. A survey performed and certified by a registered land surveyor that conforms to professional standards and practices consistent with Chapter 58.09 RCW;

7. Certification by the city treasurer that there are no delinquent special assessments and that all special assessments certified to the city treasurer for collection on any property herein contained or dedicated for streets, alleys or other public uses are paid in full; and

8. Payment of a nonrefundable application fee as set forth on the city’s fee schedule.

C. The planning official may approve an application for a lot line adjustment, provided the following criteria are met:

1. The proposed adjustment shall meet the exemption requirements provided in RCW 58.17.040(6);

2. The lot line adjustment shall not result in the creation of any additional tract, lot, parcel, site or division;

3. The property being transferred within the lot line adjustment shall be combined with the benefiting parcel and shall not be a separate parcel, which could be mistaken as a separate and distinct, conveyable tract without proper research;

4. The lots, tracts, or parcels resulting after the lot line adjustment shall meet all dimensional requirements specified for the applicable zone as outlined in this title;

5. All lots modified by the lot line adjustment procedures shall have legal access meeting the standards of the city of Roslyn;

6. The lot line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, short subdivision or binding site plan;

7. All lot line adjustments shall be recorded surveys consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC. All lot lines being adjusted shall be surveyed, and newly established lot corners shall be staked;

8. Existing easements and/or drain fields shall not be jeopardized, or rendered impractical, to serve their purpose;

9. The lot line adjustment shall not adversely affect access.

D. Upon approval of the lot line adjustment, the applicant shall record the lot line adjustment and covenants with the Kittitas County auditor. Recording fees are paid by the applicant. The applicant shall provide the city with a copy of the recorded lot line adjustment. [Ord. 1097 § 2, 2013; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.130)), 2010.]

18.150.140 Binding site plans.

A. Applicability. The following proposed divisions of land shall be governed by the provisions of this section:

1. A division of land for the purpose of lease or sale of lots or tracts for industrial or commercial purposes upon which more than one principal building is to be constructed upon one lot of record; and

2. A division of land which is to be developed for residential condominiums, both single-family attached and single-family detached, pursuant to Chapter 64.32 RCW.

B. Review and Decision.

1. Binding site plan applications shall be reviewed in accordance with the process set out for Class 3 permit applications.

2. The proposed binding site plan shall be reviewed according to the site plan criteria set forth in Chapter 18.50 RMC, Architectural Design Review, and applicable codes and regulations set forth in this title. The decision shall be consistent with the zoning, subdivision, building or other applicable city ordinances, state and federal law, and the criteria set forth in this section.

3. All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.

4. Final approval must be acquired within five years of preliminary approval, after which time the preliminary binding site plan approval is void. The decision maker may grant an extension for one year if the applicant has attempted in good faith to submit the final binding site plan within the five-year time period; provided, however, the applicant must file a written request with the original decision maker requesting the extension at least 30 days before expiration of the five-year period.

C. After preliminary approval of the binding site plan, the project sponsor shall submit construction drawings and documentation that all conditions of approval have been met. Requests for final binding site plan approval shall be processed as a Class 1 permit.

D. The final binding site plan shall be recorded with the county department of records and elections within 90 days of approval. Upon recording, the site plan shall be binding on the owner and the owner’s heirs, successors and assigns.

E. Prior to the issuance of any building permit for construction upon land subject to an approved final binding site plan, that portion of the land for which the building permit is sought must be legally described.

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

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

H. Amendment of a recorded binding site improvement plan shall be accomplished by following the same process as required for a new application, as set forth in this section.

I. Alterations to recorded binding site plans shall be accomplished by following the same process and criteria as RMC 18.150.080.

J. Modifications to approved preliminary binding site plans shall be accomplished by following the same process and criteria as RMC 18.150.090. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.140)), 2010.]