Chapter 17.44
SHORT PLATS AND SUBDIVISIONS
Sections:
17.44.020 Repealed.
17.44.030 Approvable exemptions.
17.44.070 Submission of application.
17.44.080 Processing of application.
17.44.100 Review and decision.
17.44.110 Recording and final approval.
17.44.120 Subdivision/short subdivision resubmitted.
17.44.140 General design standards.
17.44.150 Standard minimum lot sizes, dimensions and proportions.
17.44.170 Public and private streets.
17.44.180 Water supply and sanitary sewer system.
17.44.190 Utility and drainage easements.
17.44.210 Limitation on further division.
17.44.010 Applicability.
Every division of land within the incorporated area of the city shall proceed in compliance with this chapter.
For purposes of clarifying the full impact of an adjacent parcel subdivision or short subdivision, a parcel of land or contiguous parcels under a single ownership shall not be partitioned for transfer of ownership or building development so as to conflict with applicable standards for subdivisions as set forth in this title. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 3.10, 1978)
17.44.020 Exemptions.
Repealed by Ord. 1740. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 3.20, 1978)
17.44.030 Approvable exemptions.
The director shall review and may approve the following land divisions, upon finding that all requirements of this code, notwithstanding the procedural requirements of subdivisions and short subdivisions provided in this chapter, have been satisfied:
(1) Boundary line adjustments, where no new lots are created, nor are any resulting lots reduced below the standards of the zoning ordinance and district in which the boundary line adjustment is requested;
(2) Divisions for the purpose of foreclosure or financial security;
(3) Any division of land for the purpose of public dedication;
(4) Any division created by court action other than for testamentary provision or the laws of descent. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 3.30, 1978)
17.44.040 Definitions.
Whenever the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section:
(1) “Access panhandle” means a strip of land having a width narrower than that of the lot, tract or parcel to be served thereby, and designed for the purpose of providing access to a lot, tract or parcel not having full frontage on a public street.
(2) “Applicant,” see “short subdivider” and “subdivider.”
(3) “City of Washougal department” means the department of community development.
(4) “Director” means the community development director, or designated representative.
(5) “Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts, parcels, sites or divisions.
(6) “Lot depth” means the distance measured between the midpoints of the two principal side lot lines and at approximately right angles to the lot depth.
(7) “Public dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
(8) “Short subdivision plat” means a document consisting of a map of a short subdivision, together with written certificates and data, showing thereon the division of a tract of land into lots.
(9) “Short subdivider” means a person, including a corporate person, who undertakes to create a short subdivision, for the purpose of this chapter.
(10) “Subdivider” means a person, including a corporate person, who undertakes to create a subdivision or short subdivision, for the purpose of this chapter.
(11) “Short subdivision” means the division of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale or lease.
(12) “Subdivision” means the division of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease. (Ord. 1629 § 1 (Exh. A), 2009; amended during 9/08 supplement; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421, 2001; Ord. 1193 § 1 (Exh. D), 1996; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 4.0, 1978)
17.44.050 Administration.
The community development director is vested with duty of administering and interpreting the provisions of this chapter. The director may prepare and require the use of such forms as deemed essential to the administration of this chapter. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421, 2001; Ord. 1193 § 1 (Exh. D), 1996; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 5.0, 1978)
17.44.060 General procedures.
Any subdivider or short subdivider intending to divide land by this chapter shall obtain a subdivision or short subdivision application from the department. The completed application shall then be submitted to the department. The plat will be approved or disapproved within the timelines identified at WMC 18.94.130. (Ord. 1421, 2001; Ord. 1193 § 1 (Exh. D), 1996; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 5.0, 1978)
17.44.070 Submission of application.
Subdivision or short subdivision applications are to be submitted to the city’s community development department. The application shall be submitted in compliance with Chapter 17.12 WMC. (Amended during 9/08 supplement; Ord. 1421, 2001; Ord. 1193 § 1 (Exh. D), 1996; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.20, 1978)
17.44.080 Processing of application.
Upon submission of a short subdivision or subdivision application, the department shall determine whether the submittal requirements of this chapter have been met. If these requirements have been met and the application fees have been paid to the department, the department shall then date the receipt of the application and promptly forward copies to the city fire chief, the school district, the public utility district, telephone, gas, cable companies and any other agencies or individuals that the director may deem appropriate for recommendations. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 6.30, 1978)
17.44.090 Recommendations.
(1) The city fire chief, the school district, the public utility district, the public works department, General Telephone, Northwest Natural Gas and cable TV shall make their respective recommendations as to the adequacy of the water supply, surface drainage, access to city streets, electrical service, and the general layout of the proposed subdivision or short subdivision. Additionally, they may make recommendations affecting public health, safety and welfare in regard to the proposed subdivision or short subdivision.
(2) The recommendation shall be in writing and shall be forwarded to the director within 15 days from the day the subdivision or short subdivision notice of application is issued from the department by the respective offices. Copies of these recommendations shall then be attached to the subdivision or short subdivision applications by the director for forwarding to the subdivider or short subdivider. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.40, 1978)
17.44.100 Review and decision.
Any proposed subdivision or short subdivision shall be approved only if the director or designee and/or the hearing examiner, in the case of a subdivision, makes written findings that appropriate provisions are made for the public health, safety and general welfare, and for such open spaces, drainageways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to school, and that the public use and interest will be served by the platting of such subdivision or short subdivision. Any such approval shall be contingent upon the applicant satisfying such conditions as are necessary to meet the design standards of the city and to ensure that adequate provisions are made for the public health, safety and general welfare. (Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.50, 1978)
17.44.110 Recording and final approval.
Whenever an application for a subdivision or short subdivision has been approved, the subdivider shall then have a 17-inch by 22-inch mylar prepared by a registered surveyor. Such mylar shall be entitled “subdivision” or “short subdivision” and shall contain a surveyor’s certificate that the map is a true and correct representation of lands actually surveyed by the surveyor or under his direction, and the auditor’s recording information. No subdivision or short subdivision shall be deemed finally approved and complete until a copy of the mylar has been filed with the city and a copy has been recorded with the Clark County auditor. No building permits shall be issued until such time as the community development department has received a copy of the recorded plat. (Amended during 9/08 supplement; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.60, 1978)
17.44.120 Subdivision/short subdivision resubmitted.
A subdivision or short subdivision plat disapproved by the city may not be resubmitted for one year from date of denial. The application fee shall be paid upon each resubmission. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.70, 1978)
17.44.130 Aggrieved parties.
(1) Any person with standing aggrieved by a final decision of the director to approve or disapprove a proposed short subdivision plat may appeal the decision to the hearing examiner of the city within 15 days following issuance of the decision.
(2) Any person with standing aggrieved by a hearing examiner decision to approve or disapprove a proposed subdivision plat may appeal the decision to superior court within 21 calendar days of the decision.
(3) Any hearing examiner decision approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court of the county. The action may be brought by any person aggrieved and with standing, as defined in the RCW, to Clark County superior court or a LUPA appeal by filing with said court according to RCW 36.70C.040. The cost of transcription of all records ordered certified by the court for such review shall be borne by the aggrieved.
(a) Fees. A fee as identified at WMC 3.90.010 shall be submitted with an application fee for an appeal of a director’s decision.
(b) Information Required. All information identified in WMC 18.94.140 shall be submitted with a completed appeal application for appeals other than an appeal of the hearing examiner’s final decision.
(c) Appeal Procedures. Upon receipt of a technically complete appeal application, the director shall process the appeal application as identified in WMC 18.94.140. (Ord. 1451 § 1, 2003; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 6.80, 1978)
17.44.140 General design standards.
(1) All roads, private roads, bridges, drains, culverts, sidewalks, curbs, storm sewers, and related structures or devices shall be constructed in accordance with standards currently in effect at the time of construction.
(2) Land on which exists any topographic conditions hazardous to the safety or general welfare of persons or property in or near a proposed subdivision or short subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards, or unless land subject to the hazard is reserved for uses as will not expose persons or property to the hazards. Protective improvements and restrictions on use shall be clearly noted on the plat. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 7.10, 1978)
17.44.150 Standard minimum lot sizes, dimensions and proportions.
(1) Lots shall conform to the zoning ordinance of the city in effect at the time of a technically complete preliminary plat application filed for review.
(2) One flag lot will be allowed per development. Flag lots are not to be used to circumvent public or private road standards.
(3) Minimum width of a flag lot access strip shall be 20 feet. Maximum length of a flag lot access strip shall be 100 feet, without approval of the director. (Ord. 1495 § 1, 2004; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 7.20, 1978)
17.44.160 Lot access.
Every lot shall be provided satisfactory access by a paved private or public road which connects to an existing public road. Access roads shall be based on standards defined in WMC 17.44.170. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 7.30, 1978)
17.44.170 Public and private streets.
(1) Where a subdivision or short subdivision abuts a public street having insufficient width to conform to current city road standards, dedication of sufficient additional right-of-way to the city shall be required.
(2) Where a subdivision or short subdivision abuts a public road of insufficient width or a public road which does not meet the design standards of the city, the applicant shall be required to construct half-width street improvements including street-lights, street trees, sidewalks, curbs and gutters, wherever such subdivision or short subdivision abuts a substandard road, for the length of the frontage.
(3) The applicant shall be required to construct any public or private streets within the proposed subdivision or short subdivision in accordance with the design standards of the city (see engineering standards).
(4) It is the city’s policy to discourage and limit private streets and to only permit them under unusual circumstances.
(5) Private streets may be accepted if all of the following apply:
(a) The director determines that no other access is available and the private street is adequate for the area it is to service.
(b) The private street will service four or fewer buildable lots.
(c) A street maintenance agreement becomes part of the deed and covenants have been approved, recorded, and verified with the city which provide for maintenance of the private streets and associated parking areas by owners in the development.
(d) It is not practical for the street to be extended to property outside the subdivision or short subdivision except as limited by this section.
(e) Subdivisions and short subdivisions shall be served by a publicly maintained street, although private streets can extend off of the public street to serve individual lots or groups of lots but may not be extended from a street end/cul-de-sac, and shall not circumvent public road standards.
(f) Private and public streets shall comply with the current city engineering standards, including street ends.
(g) Provisions are made for the streets to be open at all times for emergency and public service vehicles. Private streets shall be posted “no parking” and development covenants shall allow residents to call for towing of illegally parked vehicles. The “no parking” signs are to also include this warning.
(h) The private streets will not obstruct public street circulation. The streets serve commercial or industrial facilities where no circulation continuity is necessary.
(6) Reduction of requirements for private streets shall be reviewed against the city engineering standards and the criteria listed below, and may be requested by a street modification request submitted to the city engineer as described at Section 1.08 – Design Modifications Process of the city of Washougal Engineering Standards.
(7) Criteria for authorizing reduction in private street requirements:
(a) Topography, right-of-way, or other geographic conditions impose a severe hardship on the applicant and an equivalent alternative which can accomplish the same design is available that does not compromise public safety or create unreasonable risk or a long-term maintenance expense.
(b) The total area of the subdivision/development site must be less than two acres.
(c) The minimum width of the subdivision/development site must be less than 130 feet.
(d) The developer must enter into a covenant with the city that would forbid the extension of this street to adjacent property and prohibit the use of the street by adjacent property unless the right-of-way of the street is increased to public city standards and place a note to that effect on the face of the plat.
(e) The specification or standard does not apply in the particular application. (Ord. 1629 § 1 (Exh. A), 2009; Ord. 1495 § 1, 2004; Ord. 1421, 2001; Ord. 1193 § 1 (Exh. D), 1996; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 7.40, 1978)
17.44.180 Water supply and sanitary sewer system.
(1) It will be the responsibility of the subdivider to provide each lot within the division with a source of public water and sanitary sewer in accordance with city standards and as approved by the public works director.
(2) Any ancillary pump stations or necessary facilities to provide water and/or sewer shall be borne by the developer or subdivider. (Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 7.50, 1978)
17.44.190 Utility and drainage easements.
(1) Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure maintenance and to permit future utility installations.
(2) Easements for drainage channels and ways shall be of sufficient width to assure that the same may be maintained and improved. Easements for storm sewers and stormwater facilities, where utilized, shall be provided and shall be of sufficient width and proper location to permit installation, inspection, and maintenance. The specific dimensions of such easement shall be determined by adopted city of Washougal Engineering Standards for Public Works Construction, policy or regulations of the public agency responsible for providing the service. (Ord. 1821 § 1 (Att. A), 2016; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 827, 1984; Ord. 672 § 7.60, 1978)
17.44.200 Enforcement.
(1) No person, firm or corporation, or any agent of these, shall transfer, sell, lease or offer for transfer, sale or lease until a plat has been approved and filed with the county auditor.
(2) When any person divides, or attempts to divide, land subject to the provisions of this chapter, illegally outside the provision of this chapter, without having secured approval or, prior to the filing of the plat with the county auditor, the city attorney shall commence enforcement action to compel compliance with this chapter. The cost of such action shall be taxed against the person, firm or corporation transferring, selling or leasing the land.
(3) Any person, firm or corporation, or agent of any of these, who knowingly certifies that a proposed subdivision or short subdivision is not intended for residential, commercial or industrial purposes and/or misrepresents the stated purpose of the subdivision or short subdivision, is guilty of a gross misdemeanor.
(4) No developmental permit (such as a building permit) shall be issued for any lot divided in violation of this chapter.
(5) Any person, firm or corporation, or any agent of these who violates this chapter or Chapter 58.17 RCW relating to the sale, offer for sale, lease or transfer of any lot within a subdivision or short subdivision is guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot in violation of any provision of this chapter is a separate and distinct offense.
(6) Whenever any land within any subdivision or short subdivision granted final approval is used in a manner or for a purpose which violates any provisions of this chapter, WMC Title 18, Zoning, or any term or condition of approval, then the city may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or with such terms or conditions of approval. The costs of such action, including reasonable attorney’s fees, may be assessed against the violator.
(7) Enforcement action shall be processed and assessed as described at Chapter 18.96 WMC, Enforcement. (Ord. 1472 § 1, 2004; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § 1 (Exh. A), 1993; Ord. 827, 1984; Ord. 672 § 11.0, 1978)
17.44.210 Limitation on further division.
Any land which is divided under the provisions of this chapter may not be further divided in any manner within a period of five years without complying with the provisions of Chapters 17.12 and 17.16 WMC; except that when the short subdivision contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of nine lots within the original short subdivision boundaries. (Ord. 1629 § 1 (Exh. A), 2009; Ord. 1472 § 1, 2004; Ord. 1421, 2001; Ord. 1179 § 1, 1995; Ord. 1118 § Exh. A, 1993)
17.44.220 Grading permits.
Approved construction plans for a subdivision or short subdivision constitutes as the grading permit for the specific project. A grading permit shall not be issued separately. (Ord. 1472 § 1, 2004)