HomeMy WebLinkAbout1806 Procedures for Short SubdivisionsORDINANCE NO. I~ ~) ~
AN ORDINANCE PROVIDING FOR THE PLATTING, ACCEPTANCE,
APPROVAL AND FILING OF SHORT SUBDIVISIONS, DEFINING
TERMS, PROVIDING PROCEDURES, AND SETTING PENALTIES
THEREFOR.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR
SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS:
WHEREAS, a subdivision ordinance has heretofore
been adopted, which provides for subdivision of land into two
or more lots, and
WHEREAS, ~t has been found that it is in the best
interests of the people'Of Port Townsend, and for their
health and welfare tha~Lin cases wherein four or fewer
building tracts are to be subdivided and alternative and less
restrictive method of platting should be permitted, now,
therefore, the following ordinance, to be known as the "short
subdivision" or ~hort Plat' ordinance, is adopted, to-wit:
SHORT SUBDIVISIONS
Subsections
1.10 pUrpose
1.20 Administration
1.30 Design
1.40 Required Improvements
1.50 Exemptions
1.60 Variances and Exceptions
1.70 Penalties, Conflict and Validity
1.10 Purpose.
1.101 The purpose of this ordinance is to provide rules, regulations
and standards for the partitioning of land parcels of less than one one-
hundred twenty eighth of a section of land or smaller, or five acres or less
within the City of Port Townsend. When the total number of lots involved
shall be four or less. It shale"promote the public health, safety,
convenience and general'welfare by insuring orderly growth and development
of the municipality, the'cOnservation and proper use of land, and by re-
quiring adequate provisions for circulation, utilities, drainage, and
services.
1.20 Administration
1.201 The City Planning CommisSion or City Planning Department is
designated the administration and coordination responsibilities contained
herein for th.e recommended approval or disapproval of plats or subdivisions.
The City Council is assigned final authority for approval or disapproval
of plats or subdivisions.
1.202 Preliminary Consultation: Prior to making application for short
subdivision approval, a prospective land divider may arrange for his
proposal to be reviewed informally by the City Engineer or City Planning
Department. There is no fee for preapplication consultation, which includes
design and administrative assistance. However, this free service shall not
include extensive field inspection or correspondence.
1.203 Application: Persons who wish approval of short subdivisions
shall apply to the City Engineer's office, or to the Planning office if
one has been created. The application shall contain the information
appropriate to inform
appropriate City departm~ of matters pertinent to ;eation of short subdi-
visions under the terms of this O~dinance. Those applications which upon inspection
are inadequately prepared to provide a basis for adeq~..ate review shall be .returned
to the applicant with a written explanation as to the inadequacy.
When an .application is submitted in adequate form and content, it will be
accepted only upon payment of the r~qulred fee, together with an environmental
assessment (as may at the time be re.cuired), a shorelines management substantial
development application,, if appropriate, approval by the Department of Ecology if
within a f..lood control zone, and, if the subdivision adjoins a State highway, proof
that the proposal' has b~en presented to the Director of Highways for his approval.
In addition, any governmental permits which may apply to any part of t]~e proposed
subdivision, or which may 'be required by the applicant must be indicated, and the
applicant'must assume full responsibility for the timely acquisition of the same.
All of the expenses of such matters shall be paid by the applicant, and the sur-
vey shall be certified. '~
All applications shall b~ Ito the Planning Commission for review and public
hearing.
1.204 Fees: Short subdivision applications shall be accompanied by ah fee of
$100.00 payable to the Current E. xpens~ Fund.- Additional fees shall be paid to the'
O1}~npic Health District as required,
1.205 Public Notice: The'Planning Commission shall send notices to ad~inl, ng
property Owners advising them of the pending short subdivision application. Names
and addresses-of adjoining property owners shall be provided to th~ Planning Com-
mission by the applicant.
1.206 Timetable: Applications for approval of short subdivisions shall be
processed without delay and shall be approved, disapproved, or returned to
plicant within ninety (90) days from the date of appllcat~on.
1. 207 S~u~mary Approval:
1. The Health Department sha'.ll review proposed short subdivisions to assure
confo~..ance with public health and sanitation requlre~,ents addpted by the 9;ash-
{-n~ton State Department of Social and Health Services, the Ol~.-~.pic Health
'and ~his Ordinance.
On appropriate administration forms adopted pursuant to this Ordinance, the
Department ~hall ind'~cate either (1) its approval of a proposed short subdivision
together with the conditions imposed,, or (b) its disapproval of a proposed short
subdivision and the reasons for disapproval.
2. The Street, Sewer, and Water Departments shall review proposed short su~-
divisions to assure conformance with road and dralna~e systems required.
On appropriat~ forms each Department shall indicate either (a) its approval
of a proposed short subdiyi~ion to~ether with conditions imposed, or (b) its dis-
approval of a short subdivision and the reasons for disapproval.
3. The Engineering Department or City Planning Department shall review pro-
l~osed short subdivisions to assure conformance with the Comprehensive Plan, and the
adopted land use policies and standards of the City.
On appropriate forms th9 Department shall indicate either (a) its approval of
a short subdivision, ~gether'witk the conditiOns imposed, or (b) its disapproval .
of a short subdivision and the reasons for disapproval.
Such Summary Approval ma~ req6t~e the applicant to' meet designated conditions
before submission of the Final Short Flat.
Su~mar~ Short Subdivision Approval shall furnish a firm basis upon which the--
applicant may proceed with agy ~evelopm~nt required and preparation of the Final
Short Plat in'compliance with this Ordinance and any'conditions of approval imposed.
1~20~ Expiration: . Summary Short Subdivision Approval shall become invalid
unless the Final Short ~lat is submitted in proper form for final approval within
six ~6) months unless an extension is granted by the City Council upon recom-
mendation of the City Engineer at least thirty (30) days prior to the date of
expiration°._
1.209 Resubdivis~on: Land in short subdivision shall not be further divide~
without the filing of a Fih~l Long Plat which shall proCeed in full compliance
with Ordinance No. 1671.
1.210 Final Short Plat:
· 4
~1. The Final Short and supporting data shall epared in accordance
with Appendix A of this Ordinance and shall be submitted to the Planning Commis-
sion.
2. The Engineering Department shall cause the Final Short Plat to be circu-
lated to the Street, Sewer, 'Water, and Health Departments for their individual
approval in accordance with the conditions of Summary Approval outlined in Section
1.207, and retirements of'this and other applicable laws and ordinances.
3. The'aforesaid Departments shall Lmmediately notify the Engineering Depart-
merit of any'obstacles or.p~oblems which prevent or delay approval of the Final
Short Plat and the Engineering or Planning Department shall ~hereupon notify the
applicant.
4.~ After approval by the City Engineer or Planning Department and the Plan--
ning Commission, the Final Short Plat shall be presented to the City Council for
a concurring signature. AftDr approval by the City Council, any fee for filing
the short plat for re~ord shall be deposited with the County. Treasurer and the
Final Short Plat and any restrictions and covenants simultaneously recorded. Ap-
proval by the Council shall be indicated by certification of the City Clerk upon
the plat.' The City.Council may requSr~ a performance ~ond by the applicant prior
to approval-of the Final Short Plat.
1.30 Design
1.301 Lots:
1. All lots shall conform with the requirements of any official control re-
lating to land use or d~velol~ment which may be adopted to implement the City Com-
prehensive Plan; ~rovided that in the event of a discrepancy between the standards
established herein and those contained in any other applicable control or ordinance,
the higher standards Shall apply.
2. The design, shape, size and orientation of lots shall
the use for which the lots are intended and the character of the area in which
~,ey. are located. Lot areas in excess of mlnLmum standards may ~e required for
reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazards,
b'~ other unique conditi~or fea'tures which
interest. :
5
may warra~rotection of the public
3. For the purposes of this Ordinance, minimum lot area shall be as 'follows:
- Lots served by community water and sanitary sewer system, 7,200 square feet;
- Ail other lots shall meet requirements of the Olympic Health District and
the Washington State Department of Social and Health Services.
1.302 Roads:
1. Roads shall be designed with appropriate consideration for existing and
projected ~o'ads, anticipated traffic patterns, topographic and drainage conditions,
public convenience and safety,- and the proposed uses of land served.
2. The standard width ~f road right-of-ways, whether public or private, shall
be sixty (60) feet~ 'For ~ood.cause, different widths may suffice.
3. Cul-de-sacs shal~ have right-of-way diameters of 100 feet at the closed
end.
4.' Where necessary to join with existing roads, or to provide for future
overall area circulation, roads may be required to extend to the outside boundaries
of short' subdivision.
5. Half-width roads shall be prohibited except adjacent to existing half-
width roads.
6. Engineering design of ~ubl~c roads shall confo~ with City road standards.
7. Road grades, curves, and intersections shall provide adequate sight dis-
tances.for ~raff~c safety.
8. Short subdivis~bns shall ~ncorporate limited access provisions where they
are adjacent to arterial or collector roads.
1.303 Parks, O_Den Space~ Community Sites and Facilities: The provision of
parks, open space, and/or community facilities ~s not r6quired~'but ~is optional'on-
the part of the subdivider, and may weigh in consideration of the application.
1.304 Easements:
1. Easements shall be provided for.utility installation and maintenance and
shall confor~ ~o a standard width of t~ and one half (2%) feet along inter,or ~ot
lines and five (5) feet g front lot lines. ~. ·
2. Where a subdivision is traversed by a watercourse, drainage channel, or
stream, provision Shall be made for a drainage easeme~ conforming substantially
with the alignment of the watercourse and an adequate width for maintenance and
erosion control purl~oses. This requirement shall not entail any responsibility
for watercourse maintenance on the part of'the City and arrangements for mainte-
nance may be required to the satisfaction of the City Engineer.
3. ~ere the c~nf~guration of the land in a short subdivision is such that
it is not 'feasible to dispose, of road and lot drainage by means of a natural water-
course and where volume of l~n-off anticipated could cause damage if disposed of
over neighboring property, suitable easements and necessary drainage works
maintenance arrangemeflts shall be provided over the neighboring property to. the
satisfaction of the City ~ngineer.
4. Buffer strips or protective easements may be required and the minimum lot
depth requirement may be increased where a plat is adjacent to a railroad, an ar-
terial ~oad, a commercial or industrial development, tidelands, shore/ands, marshes
or streamways, or another land use from which separation or screening is deemed ad-
visable.
1.305 Unsuitable Land: Marshes, swamps, streamways, tidelands, aquifek-re---'
charge areas,..and land subject.to flo6ding or having bad drainage, and land having
steep slopes, or geological hazards and such other land as Sewer, Water and Engi-
neering Departments or Health Department find unsuitable for the purpose of build-
ing sites may be included in .the boundaries of a short plat as community property.,
recreation area, or other similar open space or may be included as part of a lot;
except any lot containing such unsuitable land must also contain sufficient land
of suitable characteristics, to meet County standards for construction of a dwel~.
1.40 Required Improvements
1.401 Roads:
1.
!
Private roads providing access to or within a short subdivision are not
7
.?equfred to be construc ..
2. Public roads within the short subdivision, if required for access
within the short subdivision, shall be constructed, ballasted and surfaced
in accordance with City standards upon approval by the Street Department.
All fixtures to be located under the roadway shall be installed before
ballast is laid including culverts, storm drains, sanitary sewers, water
lines, and service leads, The road bed shall be brought to an approved
grade, road' ditches shall be graded and backsloped, and an inspection shall
be arranged with the City Engineer, before the ballast is laid. All required
road construction must be approved by the Street Superintendent prior to
approval of the Final Short Plat.
1.402 Signs: Road signs shall be installed in accordance with City
standards. Traffic signs and safety devices shall be provided and installed
in accordance with State of Washington highway traffic control standards.
1.403 Water Supply:
1. A City water supply must be provided to each building Tract within
the short subdivision by the applicant at no cost to the City and without
placement of reservations on future use of water lines so provided.
Final Short Plats filed for record shall specifically identify the
location of the water line.
1.404 Sewage Disposal: Installation of sewage disposal systems
within short subdivisions shall be in compliance with regulations and
standards of the Washington State Department of Social and Health Services,
the State Department of Ecology, the Olympic Health District, and the City
of Port Townsend.
1.405 Fire PrOtection: Subdividers are required to consult with local
fire district representatives regarding development of fire protection
measures.
1.406 Electric and and Telephone: Short subdivisions are not required
to provide electric and telephone facilities.
1.407 Surveys:
1. The survey and preparation of every Final Short Plat shall be
made by or under the supervision of a licensed land surveyor registered
by the State of
Washington.
2. All surveys shall conform to standard practices and principles for land
surveying, and shalI be to ~he satisfaction of the Jefferson County Engineer.
3. The City Engineer shall be furnished all documents and calculations
necessary to determine the accuracy of surveys.'
4. The surveyor shall provide the Health Department and Engineering Depart-
ment data indication the area of each lot within a Final Short Plat.
5. P~rmanent control and road monuments shall be constructed of materials
as per Cit~ standards, a~ shall be established at locations determined by the
City.
6. Road monuments shall be set at a time when further road development or
utility installation'will not disturb the accuracy of their l~osition-
7. Every lot corner shall be marked by a 3/4 inch galvanized iron pipe or
equivalent.
APPENDIX A
'FINkL SHORT PI~T CHECKLIST
Final Short Plats shall be prepared as follows:
1. Plats should be accurately drawn on 18" x 24" mylar or similar reproducible
material and should contain the following:
a. A declaration by the owners in fee simple, and those having interest in
the property, that the creation of the short subdivision is by their free will
and consent;
b. A certification by a licensed land surveyor, registered by the State of
Washington, that the short plat is based upon an aCtual survey, that the distances
have been set, and all required stakes and monuments placed on the ground;
c. A certification with appropriate signatures by the Olympic Health District,
where necessary - City'Water, Sewer, and Street Superintendents, and the Engineer-
ing Department, that the short plat is in compliance with all short subdivision
requirements of the City Subdivision Ordinance, and all conditions of' S~mary-
Short Subdivision Approval;
d" A certificatipn by the Jefferson County. Treasurer that all property taxes-
to date have been paid;
3.- A certificate 0f'appr~val by the City Council;
f. A certificate of filing by the Jefferson ~OuJJty Auditor.
'2. All Final Short Plats, when presented to the City, shall be accompanied
by a plat certificate confirming that the title of the land as described and shown
on said plat is in the name of those signing the declaration.
3.. In addition to No. 1, three paper copies of a Final Short Plat, together
with accompanying data and documents, shall be provided to the City Planning'Depart-
ment or t° the C~ty Eng~neerlng Department.
APPENDIX B
CHAPTER 14. VARIANCES AND EXCEPTIONS
Section 14~00 Th~ Planning Co~mission may recommend a variance subject to
final approval of the Council from its regulations when in its opinion undue hard-
ship may result from strict compliance. In recommending any variance ~e Planning
Con~nlssion shall prescribe only conditions that it deems necessary to or desirable
for the public interest. In making its findings the Planning Commission shall
take into account the nature of the proposed use of land ~nd the existing land use
in the vicinity, the expected population density in the proposed subdivision and
th~ probable effect of the proposed subdivision upon traffi~ conditions and other
related matters in the area. No variance shall be recommended unless the Commis-
sion finds:
a. That there are special circumstances or conditions affecting said prop-
~rty such that the strict application of the provisions of this ordinance would
deprive the applicant of the reasonable use of his land.
b. That the variance is necessary for the preservation and enjoyment of
substantial~property right of the~p~itioner.
c. That the grant'~ng of the variance will not be de~i~ental to the public
welfare or injurious to other property in the territory in which said property f is
situated.
Sectfon 14.01 The Planning Commission may recommend a variance from these
regulations in case of ~ planned unit development, or for a plan which involves a
complete community or.~neighbor~ood which in the judgment of the Planning Commis-
sion provides adequate open public spaces, afficient traffic circulation, light
and air, and other needs. In making its findings the Planning g~mmission shall
take into account the effect of the proposed subdivision Ul~On traffic conditions
and other related matters in the area. The Planning Commission, before recom-
mending a'variance shall determine that:
a. The proposed project will constitute a ~eslrable and stable community
! development.
b. The proposed project will be in harmony with adjacent areas.
Section 14.02
a. Application for any suCh variance shall be submitted in writing by the
subdivider at ~he time..the Proposed Plat is filed with the City Clerk. The peti-
tion shall state fully the grounds for the application and all substantiating
facts and evidence pertinent to the request.
b. The'City Council shall within thirty (30) days after receiving the Plan-
ning Commission s recommendation for any variance or variances review such recom-
mendation and thereupon may concur, modify or reject the recommendation of the
Planning Commission.
Section 14.03 After the Planning Commission receives the proposed plat, sub-
division or dedication from the subdivider, it may reco~men~ exceptions to the
provisions contained herein.by requiring any or all of the following:
a. Greater park and playground space in addition to the area included in
the Official Plan. However, in no case shall such additional areas represent
more that twice the amount specified in the Official Plan, except when the official
zoning ordinance and map; or the pla~tor or subdivider proposed higher residential
land use densities than-twice the existing'densities.
b. A realignment of a major or c6mmunity arterial or neighborhood collector
street as shown on the Official Plan so as to permit the subdivider to prepare a
bette~ arrangements of lots, residential streets and other p~lic ways, park~ and
playgrounds.
c. In cases-of excessive topographical grades of 15% or more, crosswalk re=
qu~rements may be omitted.
d. In cases where the to~l of the minimum requirements for sidewalk'parking
strip and pavement widths exceed the minimum right of way requirements, mlnimu3a
rights of way required shall equal the total minimum requlr~ments of the sidewalk,
parking strip a~d pavements widths.
e. In cases where the lots of a subdivision face major or secondary arterials
· the requirements fo minim,mm depth of said lots 1'1 be increased in an
amount not to exceed twenty (20) feet for lots containing less than 35,000 square
feet in area.
APPENDIX C
CHAPTER 15. PENALTIES
Section 15.00 Any person or persons, firm or firms, or any one or more corpor-
ations at various and successiue times or at any one time after adoption of the
ordinance having platted, subdivided or divided into smaller parts, any parcel of
land or property into two or more such lots, plots, tracts, or smaller parts, the
area of each' of which is five (5) acres or less for purposes of providing building
sites, now'or at Any time hence, held in one ownership, either by contract for
purchase, by deed or by ~ot~, and who has neglected or failed to comply with the
provisions of this ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be subject to a fi~ in any sum not to exceed one hundred dollars
($100.00) for each of said lots, tracts or smaller parts, or imprisonment in the
61ty jail for a period not to exceed 30 days, or by ]Doth such fine and imprison-
ment, and whoever, be%ng.the owner or agent of the owner of any land located with-
in a plat or subdivision containing five or more such lots, plots, tracts, or
smaller parts,.transfer or sells, or .agrees to sell, or option any land by ref-
erence to or exhibition of, or by arLy.other use of a plat or a map of a subdivision,
before such plat or map ~as been approved by the City of Port Townsend and before
the same has been filed for record in {he office of the Jefferson County Auditor,
shall, in addition to any other penalties provided for herein, forfeit and pay a
penal~y of not to exceed one hundred dollars ($100.00} for each lot, or parce~ so
tranferred, or sold, or'agreed or optloned to be Sold, and the description of such
lot by mates and bounds in th~ instrument of trznsfer, agree%r~ or optionlng, shall
not exempt the transaction from such penalty. The Planning Commission, the City
Council or the City Engineer may initiate an action to enjoin such transfer,, sale,.
agreement, or option ~y making application for an injunction in the Superior
Court, and/or the Planning Commission, the City Council or City Engineer may
cover said penalty for the City of Port Townsend ~y a civil action in any court of
ccr. petent jurisdiction._
CONFLICT
Section 16.00 All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
CHAPTER 17. VALIDITY
Section 17.00 Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance be declared unconstitutional or invalid for any reason,
such decision shall not affect the validity of the r~maining portions of this or-
dinance. , .
Read for the fi~s't time on 2nd day of ){ay
,. 1978. Read for
.~he second and third times, passed by the Council and' approved by the
Mayor on 6th da~ of June 1978.
. // / Mayor
ATTE S T:
City Cler~ u
APPROVED AS TO FORM:
City. Attorney