Chapter 16.04
SUBDIVISIONS AND PLATS

Sections:

16.04.010    Purpose and name.

16.04.020    Definitions.

16.04.030    Applicability.

16.04.040    Application.

16.04.050    Preliminary approval.

16.04.060    Preliminary plat standards.

16.04.070    Design – General.

16.04.080    Design – Minimum lot size.

16.04.090    Design – Frontage.

16.04.100    Design – Setbacks.

16.04.110    Design – Lot access.

16.04.120    Design – Easements.

16.04.130    Design – Municipal utilities.

16.04.140    Design – Private utilities.

16.04.150    Final plat – Standards.

16.04.160    Final approval.

16.04.170    Vacation and alteration.

16.04.180    Prohibition.

16.04.190    Injunctive remedy.

16.04.200    Violation and enforcement.

16.04.010 Purpose and name.

The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety, and general welfare in accordance with standards established by the state of Washington. This chapter shall be known as the subdivision ordinance and may be cited as such. (Ord. 1058 § 1, 1998)

16.04.020 Definitions.

For the purposes of this chapter the terms set out in this section shall have the meanings indicated.

A. “Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to the owner 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. For purposes of this chapter, public dedication shall not be construed to include the deeding of additional rights-of-way for the purpose of widening town streets. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the town.

B. “Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and state law.

C. “Lot” means a fractional part of platted lands, having fixed boundaries and being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts and parcels.

D. “Lot depth” means the distance measured from the midpoint of the lot line fronting a road or street to the midpoint of the line opposite.

E. “Lot width” means the distance measured between the midpoints of the two principal side lot lines at approximately right angles to the lot depth.

F. “Preliminary plat” means an initial drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a proposed subdivision, which shall be the basis for the approval or disapproval of the general layout of a subdivision.

G. “Replat” means a map or representation of a subdivision that has been altered, vacated, or partially vacated.

H. “Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 1058 § 2, 1998)

16.04.030 Applicability.

Except as exempted by the provisions of RCW 58.17.040, every subdivision of land within the town shall conform to the conditions and the procedures of this chapter. (Ord. 1058 § 3, 1998)

16.04.040 Application.

The land use administrator is vested with the duty of administering the provisions of this chapter. The nonrefundable application fee for all applications governed by this chapter shall be reviewed annually by the town council who shall direct the town clerk to adjust the fee appropriately and post such list of land use permit application fees in a conspicuous place within Town Hall and make such list available to the public upon request. (Ord. 1058 § 4, 1998)

16.04.050 Preliminary approval.

A. All preliminary plats shall be reviewed by the planning commission, which shall submit its recommendations thereon to the council within 14 days after completing its review. The planning commission shall hold a public hearing prior to submitting its recommendations to the council.

B. The council shall, at its next meeting after receiving the commission’s recommendations, set a date for a public meeting where it shall consider the planning commission’s recommendations. At the conclusion of the public meeting the council shall adopt or reject the commission’s recommendations based on the record established at the commission’s public hearing. If the council determines that a change to the commission’s recommendations is necessary, it may adopt its own recommendations and approve or reject the preliminary plat.

C. A proposed subdivision shall not be approved unless the council makes written findings that:

1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or 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 only walk to and from school; and

2. The public use and interest will be served by the platting of such subdivision.

D. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The council shall not, as a condition to the approval of any subdivision, require a release from damages to be procured from other property owners. (Ord. 1058 § 5, 1998)

16.04.060 Preliminary plat standards.

Every preliminary plat shall consist of one or more plans and profiles, the horizontal scale of which shall be 100 feet to the inch, and the vertical scale of which, for street and sewer profiles, shall be 20 feet to the inch, together with written data in such form that when the maps and written data are considered together they shall fully and clearly disclose the following information:

A. The name of the proposed subdivision;

B. The legal description of land contained within the subdivision;

C. The names, addresses and telephone numbers of all persons, firms, and corporations holding interests in said land;

D. The name, address, telephone number and seal of the registered land surveyor who made, or under whose supervision was made, a survey of the proposed subdivision;

E. The date of said survey;

F. The boundary lines of the proposed subdivision;

G. The location of all existing monuments and markers;

H. The boundaries of all blocks and lots within the proposed subdivision, together with the numbers proposed to be assigned each lot and block;

I. The location, name and width of all existing streets, roads and easements within the proposed subdivision and adjacent thereto;

J. The location and, where ascertainable, size of all permanent buildings, wells, watercourses, all bodies of water, all utilities, municipal boundaries, section lines, township lines, and other important features existing upon or under the land proposed to be subdivided;

K. Contour maps shall have sufficient contour intervals to show the topography of the land to be subdivided and shall be referenced to either the county datum or other datum acceptable to the council;

L. A layout of proposed streets, alleys, utility mains, and parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;

M. Plans and profiles of proposed water distribution systems, sewage disposal systems and drain systems, indicating locations, including therewith the design data for the sizing of all such utilities, etc., if requested by the administrator;

N. A map of the general vicinity in which the land proposed for subdivision lies, upon which are identified owners of land adjacent to the subdivision and the names of any adjacent subdivisions;

O. A copy of all restrictive covenants proposed to be imposed upon land within the subdivision; and

P. The calculated area in square feet of all lots. (Ord. 1058 § 6, 1998)

16.04.070 Design – General.

A. All streets, sidewalks, curbs, storm sewers, and related structures or devices shall be constructed in accordance with town standards in effect at the time of construction.

B. Land on which exists any topographical condition hazardous to the safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards, or not expose persons or property to the hazard. Protective improvements and restrictions on use shall be clearly noted on the plat. (Ord. 1058 § 7, 1998)

16.04.080 Design – Minimum lot size.

Except for lots within an approved planned residential development, the lot size for any lot subdivided under this chapter shall be 9,000 square feet. (Ord. 1245 § 8, 2004; Ord. 1058 § 8, 1998)

16.04.090 Design – Frontage.

Except for lots within an approved planned residential development, no lot shall have a width of less than 60 feet at the front or rear building site lines and every lot shall have at least 30 feet of frontage upon the public access. (Ord. 1423 § 2, 2010; Ord. 1245 § 9, 2004; Ord. 1058 § 9, 1998)

16.04.100 Design – Setbacks.

Every plat shall provide upon its face a setback restriction that complies with the setback requirements of the zone within which the plat exists. (Ord. 1058 § 10, 1998)

16.04.110 Design – Lot access.

Except for lots within an approved planned residential development, access to all lots shall be provided by a public street. Street construction shall be in accordance with town of Friday Harbor street and storm drainage standards as defined by Chapter 12.02 FHMC. Acceptance of the plat by the town will not occur until all requirements of Chapter 12.02 FHMC are completed, or until the developer deposits with the town treasurer a bond in sufficient amount to assure that same will be accomplished within two years and without additional expenditure to the town. (Ord. 1245 § 10, 2004; Ord. 1058 § 11, 1998)

16.04.120 Design – Easements.

Easements for all utilities, public and private, shall be of sufficient width to assure maintenance and to permit future utility installations. (Ord. 1058 § 12, 1998)

16.04.130 Design – Municipal utilities.

A. All municipal utilities shall be constructed in accordance with town standards in effect at the time of installation and approved by the town’s engineer.

B. No lots shall be subdivided or offered for sale unless said lots have been connected to the town’s water, sewer, and storm water systems. (Ord. 1058 § 13, 1998)

16.04.140 Design – Private utilities.

Private utilities, when installed, shall be underground. (Ord. 1058 § 14, 1998)

16.04.150 Final plat – Standards.

A. Every final plat shall consist of one or more pages, each sheet shall measure 24 inches by 36 inches, leaving two inches of blank margin on the left-hand narrow edge for binding purposes and a one-inch margin on the remaining sides, clearly and legibly drawn on tracing cloth, stable base mylar polyester film, or equivalent approved material. All drawing and lettering on the final plat shall be in permanent black ink or an approved equivalent. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be 100 feet to one inch. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of three inches on the left side and one inch on the remaining sides. Each sheet of final plat shall contain the subdivision’s name, the scale and the north point. All signatures affixed to a final plat shall be original signatures written in permanent black ink.

B. Every final plat shall include an accurate map of the subdivided land, based upon a complete survey thereof, which map shall include:

1. All section, township, municipal and county lines lying within or adjacent to the subdivision;

2. The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries;

3. The location of all permanent streets within and adjoining the subdivision;

4. The boundary of the subdivision with complete bearings and lineal dimensions;

5. The length and bearings of all straight lines; the radii, arcs and semitangents of all curves;

6. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;

7. The location, width, centerline, and name or number of all streets within and adjoining said subdivision;

8. The location and width, shown with broken lines, and description of all easements;

9. Numbers assigned to all lots and blocks within the subdivision;

10. Names of owners of land.

C. In addition to the map or maps, every final plat shall contain written data including:

1. The name of the subdivision;

2. The legal description of land contained within the subdivision;

3. A certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision in substantially the following language:

I, ________________, registered as a land surveyor of the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of _________, ____, through ________, ____; that the distances, courses and angles are shown thereon correctly; and the monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.

4. A statement of approval signed by the engineer as to:

a. Survey data;

b. Layout of streets, alleys, and easements;

c. Street names and numbers;

d. The design and/or construction of protective improvements, bridges, sewage and drainage systems;

5. A statement of approval as to the design and/or construction of sanitary sewage disposal systems and public water supply systems installed in the subdivision signed by the appropriate official;

6. If any portion of the subdivision lies within a flood-control zone, a statement of approval signed by the appropriate state official;

7. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by said persons and acknowledged by them before a notary public, consenting to the subdivision of said land and reciting a dedication by them of all land shown on the plat to be dedicated for public or other uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision;

8. A certificate signed by the county treasurer certifying that all taxes for one year in advance, on all the property in the proposed subdivision, and all delinquent assessments for which the land within the subdivision may have been liable have been duly paid, satisfied or discharged. Said certificate shall read as follows:

TREASURER’S CERTIFICATE: All taxes and assessments of the current year, _______, including advance taxes per RCW 58.08.040, for current year tax not yet levied or certified and any delinquent taxes or assessments which have become a lien upon the lands herein described have been fully paid and discharged according to the records of my office. If any penalty fees are due under the provisions of the Open Space or DFL Law (Chapters 84.33 and 84.34 RCW), this does not guarantee that they have been paid. ______________________________ San Juan County Treasurer    Date

9. A certificate of capacity as required by FHMC Title 17; and

10. Space for approval by the town.

D. Every plat containing a dedication must be accompanied by a title report confirming that title to the land is vested in the names of the owners who are signing the dedication.

E. All information set forth on the face of the final plat shall also be furnished in such digital form as is required by the town. (Ord. 1280 § 2, 2005; Ord. 1058 § 15, 1998)

16.04.160 Final approval.

A. A final plat, conforming to all of the terms and conditions of the preliminary plat approval, must be submitted to the town council for approval within five years of the date of preliminary approval; provided, however, that for subdivisions that have received preliminary approval for development in more than one phase:

1. Final approval for the first phase within said time limit shall entitle the applicant to submit requests for final approval of additional phases in accordance with a schedule of time limits established by the town council at the time final approval is granted for the first phase;

2. Whenever the town council authorizes final approval of a phased development to occur more than five years from the date of preliminary plat approval, it shall do so on the condition that all streets and utilities constructed or installed more than five years after preliminary approval shall meet the town standards in effect at the time any such final approvals are made; and

3. Under no circumstance may the town council authorize final approval of the last phase more than 20 years after the date of preliminary approval.

B. Except as provided in subsections C and D of this section, final plat approval shall not be given until:

1. All public improvements required by preliminary plat approval have been installed to the satisfaction of the town and either:

a. Ninety days has passed since the last date on which the work on the improvements was done; or

b. All contractors and suppliers who have done work or provided materials for the improvements have signed lien releases and copies have been filed with the town; and

2. A maintenance bond has been approved by the town, in accordance with subsection F of this section.

C. In lieu of complete installation of all public improvements, the town administrator may approve a performance bond or a letter of credit under the following circumstances:

1. The developer submits an application no later than 180 days prior to expiration of preliminary plat approval, together with such application fee as is required by the town. The application shall contain:

a. A certification by a professional engineer registered in the state of Washington that public improvements totaling at least 75 percent of the cost of all required public improvements have been installed and accepted by the town; and

b. A certified and itemized estimate prepared by a professional engineer registered in the state of Washington of the cost of the remaining public improvements; and

2. The town shall have accepted, as complete and satisfactory, all required public improvements except for sidewalk installation and/or final street surfacing as provided for in the town’s adopted street standards. The exception for sidewalks does include installation of all required curb and gutter improvements; and

3. A performance bond or letter of credit in a form satisfactory to the town and in an amount that is two times the certified estimate of the cost of the remaining improvements has been issued by a surety or bank acceptable to the town. As an alternative to a performance bond issued by an acceptable surety, the town may accept a performance bond which has been duly executed by the developer and secured by a deed of trust lien on real property which has equity equal to or greater than two times the certified estimate of the cost of the remaining improvements. As a condition to accepting a performance bond secured by real estate, the developer may be required to provide the town with a title report and an appraisal by persons or firms acceptable to the town; and

4. Evidence that all permits and licenses necessary for the construction and installation of the remaining improvements have been obtained; and

5. Evidence that the applicant has met all other requirements and conditions for final plat approval.

In determining whether to accept a performance bond or letter of credit, the town administrator shall consider any specific hardship preventing timely completion of the improvements, the degree of risk the town would be assuming if sidewalk and/or final street surfacing are deferred for up to one year, and any other factors the town administrator deems relevant to the protection of the public interest.

The administrator may, at his sole discretion, reject or conditionally approve the application if it determines that unconditional approval would likely cause a significant risk to the town or its citizens. All applications shall be acted on within 45 days of being accepted as a complete submittal. The administrator’s decision on any application shall be the final decision of the town.

An approved performance bond or letter of credit shall not be released until such time as all improvements have been installed to the satisfaction of the town and the requirement of either subsection (B)(1)(a) or (B)(1)(b) of this section, and the requirement of subsection (B)(2) of this section, have been met; provided, however, that the town administrator may approve a reduction in the amount of the performance bond upon receipt of satisfactory evidence that public improvements totaling at least 90 percent of the cost of all required public improvements have been installed and accepted by the town. No more than one reduction shall be allowed and the reduction shall not be greater than one-half of the original bond amount.

D. In lieu of complete installation of all public improvements or an approved performance bond or letter of credit, the town administrator may approve an escrow account under the following circumstances:

1. The developer submits an application no later than 90 days prior to expiration of preliminary plat approval, together with such application fee as is required by the town. The application shall contain a certification by a professional engineer registered in the state of Washington that the cost of all remaining public improvements will not exceed $10,000; and

2. The town shall have accepted, as complete and satisfactory, all required public improvements except those for which the escrow account is being requested; and

3. Evidence that all permits and licenses necessary for the construction and installation of the remaining improvements have been obtained; and

4. Evidence that the applicant has met all other requirements and conditions for final plat approval.

Escrow accounts shall be held and invested by the town treasurer until such time as all improvements have been installed to the satisfaction of the town and the requirement of either subsection (B)(1)(a) or (B)(1)(b) of this section, and the requirement of subsection (B)(2) of this section, have been met. Any interest on the escrow account shall accrue to the town’s general fund.

At the time the escrow account is established the town administrator and the applicant shall jointly instruct the town treasurer in writing to hold the approved amount in escrow and release the monies upon the first of the following events to occur:

To the developer when either: The town administrator provides written certification to the treasurer that the required improvements for which the subject escrow account was created have been timely and fully installed; or 18 months have elapsed since the date of filing of the final plat and no claim has been made against the escrow account by the town administrator under the paragraph immediately below; or

To the town administrator upon receiving written certification from him or her that 12 months have elapsed since the filing of the final plat and the required improvements for which the escrow account was created have not been installed by the applicant, in whole or in part. The town administrator shall include with the certification documentation concerning any costs associated with the installation of the required improvements by the town or its agents. The treasurer shall release to the town administrator only such amount as equals the town’s actual costs of installation, including any administrative costs or expenses incurred by the town administrator in having the required improvements completed. Any monies remaining after the disbursement to the town administrator shall be released to the applicant.

E. Whenever final approval is given on the basis of an approved performance bond, letter of credit or escrow account, the following shall apply:

1. Installation of all remaining public improvements shall be completed to the satisfaction of the town no later than 12 months from the date of such approval; and

2. The final plat shall contain a note listing the public improvements yet to be completed and stating:

a. That the improvements yet to be completed are the obligation of the land developer and that the town has approved a performance guarantee for these improvements, requiring the developer to complete installation no later than 12 months from the date of filing the plat; and

b. That the town will file a notice of completion of improvements with the county auditor’s office within 21 days of the town’s determination that the installation of all public improvements has been completed; and

c. That the town, the citizens thereof, and the purchasers of the lots in the approved subdivision shall have no financial liability with regard to installation of the remaining public improvements; and

d. That the town will not issue the owner of any lot within the subdivision any occupancy permits, temporary or permanent, until the notice of completion of improvements has been filed; and

e. That any sidewalk or streets listed as incomplete shall remain the private property of the developer until the notice of completion of improvements has been filed and that any dedication of the same to the public which may be contained on the face of the plat shall not become effective until the same are accepted by the town, as evidenced by the filing of the notice of completion of improvements; and

f. That any persons who purchase a lot within the plat shall, by accepting a deed to the same, be deemed to have waived any right to file a claim against the town for any property damage or personal injury which they may suffer as a result of using the uncompleted sidewalk areas and/or the unfinished streets prior to final completion and acceptance of the same by the town.

F. The developer shall be responsible for the maintenance and operation of all required public improvements for a period of 24 months following final plat approval by the town. The town engineer shall periodically reinspect the public improvements during the maintenance period to ensure satisfactory performance.

The developer shall submit a maintenance bond acceptable to the town, equal in value to 15 percent of the total value of the required public improvements as certified by a professional engineer registered in the state of Washington. A performance bond or letter of credit, approved under subsection C of this section, may serve as the maintenance bond if it contains appropriate language to assure the developer’s maintenance obligation under this sub-section. In such cases, the amount of the bond or letter of credit may be reduced to the amount required by this subsection.

The developer shall obtain all available warranties and guarantees from the engineers, subcontractors, manufacturers, and/or suppliers of materials used in the public improvements and shall assign said warranties and guarantees to the town prior to the release of the maintenance bond. Within 60 days of the completion of all required public improvements, the developer shall provide the town with final certified as-built drawings.

If defects in the workmanship of the required public improvements are discovered within the maintenance period, the developer shall start work to remedy any such defects within seven days of notice by the town or of discovery by the developer. All work shall be completed within a reasonable time. In emergencies, where damage may result from delay or where loss of use may result, corrections may be made by the town and the full cost thereof shall be paid by the developer. If the developer does not commence and/or accomplish corrections within the time specified or agreed, then the work may be accomplished by the town and the full cost thereof shall be paid by the developer. (Ord. 1399 § 1, 2009; Ord. 1201 § 1, 2002; Ord. 1058 § 16, 1998)

16.04.170 Vacation and alteration.

Whenever any person is interested in the vacation of any plat or portion thereof, the town shall process such request in accordance with the provisions of RCW 58.17.212 and/or 58.17.215, as applicable; provided, however, that this section shall not apply to land platted prior to October 14, 1971, the effective date of Ordinance No. 379. (Ord. 1270 § 1, 2005; Ord. 1058 § 17, 1998)

16.04.180 Prohibition.

No building permit, shoreline management permit, or other development permit shall be issued for any lots divided in violation of this chapter. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers or transferees of property shall comply with the provisions of this chapter and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling, transferring or leasing land in violation of this chapter, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit, and reasonable attorney’s fees occasioned thereby. Such purchaser, transferee or lessor may, as an alternative to conforming his property to these requirements, rescind the sale, transfer or lease and recover cost of investigation, suit, and reasonable attorney’s fees occasioned thereby. Following preliminary approval, property may be offered for sale or lease prior to the approval and recording of the final plat as long as any offer or agreement for sale or lease shall expressly include a provision stating that the offer is subject to approval of the final plat and that installation or construction of all required improvements to the property, and review, approval and recording of the final plat shall be accomplished prior to completion of any sale or lease. (Ord. 1058 § 18, 1998)

16.04.190 Injunctive remedy.

Whenever any parcel of land is divided in violation of this chapter and any person, firm, corporation or agent sells, transfers or leases any such lot, tract or parcel without having a final plat recorded as required in this chapter, the town shall commence an action to restrain and enjoin further subdivisions or sales, transfers or leases, and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling, transferring or leasing property. In the enforcement of this chapter, the town may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in such act or practice. Any such assurance shall be in writing and shall be filed with and subject to the approval of the San Juan County superior court. The violation of such assurance shall constitute prima facie proof of a violation of this chapter. (Ord. 1058 § 19, 1998)

16.04.200 Violation and enforcement.

A. A violation of this chapter or of any condition placed upon an approved plat is hereby declared both a public nuisance and a Class 1 civil infraction, as defined in Chapter 1.18 FHMC. Each day that a violation of this chapter exists may be treated as a separate infraction.

B. Except in circumstances where there is a serious and imminent threat to public health or safety the town shall attempt to gain compliance by use of the civil infraction procedures set forth in Chapter 1.18 FHMC, prior to filing a public nuisance abatement action in San Juan County superior court.

C. The penalty for committing a civil infraction under this chapter shall be as set forth in Chapter 1.18 FHMC. (Ord. 1646 § 1, 2018; Ord. 1058 § 20, 1998)