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HomeMy WebLinkAbout2258 Subdivision RegulationsORDINANCE NO. ~ AN ORDINANCE PERTAINING TO SUBDIVISIONS; PROVID- ING FOR THE TIME WITHIN ~ICH VARIOUS APPROVALS IN CONNECTION WITH SUBDIVISIONS MUST BE MADE AND FOR EXTENSIONS OF SUCH TIME PERIODS; ESTABLISHING AN ADMINISTRATIVE REVIEW PROCEDURE FOR 8HORT7 SUBDIVISIONS; AMENDING SECTIONS IN CHAPTERS 18~20, 18.32, AND 18.38 OF THE PORT TOWNSEND MUNICIPAL CODE; ADDING NEW SECTIONS TO CHAPTERS 18.04, 18.12, AAq)-i-Sv~O~OF THE PORT TOWNSEND }~NICIPAL CODE; AND ESTABLISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS FOL- LOWS: Section 1. Section 18.20.090 of the Port Townsend Municipal Code is hereby amended to read as follows: "18.20.090 Recommendation of Commission. The City planning commission will recommend either approval or disapproval, or return the same to the applicant with modifications, of the pro- posed plat, subdivision or dedication within a period of (s~y) ninety days after the city clerk has received the application and the completed proposed plat, subdivision or dedication, provided, however, that this period of time can be extended with the consent of t~e ~pplicant. ~efore recommending approval, the c~ty planning commzsszon may requzre the subdivider to make changes zn the proposed plat, subdivision or dedication in order to comply with the provi- sions and intent of this Title. If the city planning commission recommends disapproval of the proposed plat, a copy of the plat, sub- division or dedication, together with a list of suggested modifica- tions, prepared in accordance with the provisions of this Title, shall be retained in the file of the city planning commission and a copy thereof shall be returned to the subdivider. A certificate rec- ommending approval or disapproval shall be forwarded to the Council and to the city engineer no later than fourteen d~ys after the deci- sion of the planning commission." Section 2. Section 18.20.100 of the Port Townsend Municipal Code is here and hereby repealed. Section 3. Section 18.20.110 of the Port Townsend Municipal Code is hereby amended to read as follows: "18.20.110 Tentative Approval. The tentative ap- proval of the proposed plat, subdivision or dedication shall be ORDINANCE - 1 effective for (m~me~y-days) three years, unless extended by the city planning commission for a period not to exceed (s~x-mem~hs) one year, or until such time as the final plat has been approved for the en- tire area of land covered by the proposed plat, providing the latter is less than (s~x-mem~hs) the one-year extension period." Section 4. Section 18.32.070 of the Port Townsend Municipal Code is hereby amended to read as follows: "18.32.070 Approval Time. The city planning com- mission shall either recommend approval or disapproval of the plat, subdivision or dedication within (s~y) thirty days of the date of filing with the city clerk or return the plat, subdivision or dedi- cation to the applicant for modification, unless the applicant in the meantime shall file written consent for a longer period of time within which the city planning commission is to act on." Section 5. There is added to Chapter 18.04 of the Port Town- send Municipal Code a new Section, 18.04.040, to read as follows: "18.04.040 Compliance with Applicable State Law. It is the intent of this Title to comply with all mandatory proce- dural and substantive requirements set forth in RCW 58.17, and with the criteria for review, approval, disapproval or modification of subdivisions as set forth in RCW Chapter 58.17. In the event of any conflict in this Title with the mandatory provisions of RCW 58.17, then in such event the provisions of RCW 58.17 shall apply, and the city's departments, commzssions and the City Council are authorized to apply such provisions of RCW 58.17 as if set forth in this Title in full." Section 6. There is added to Chapter 18.38 of the Port Town- send Municipal Code a new Section, 18.38.045, to read as follows: "18.38.045 Administrative Approval of Short Subdi- visions. The purpose of this Section is to provide for administra- tive review and recommendation of short subdivisions in accordance with the following procedure: "(A) Within five days of filing of the application for the subdivision approval, the city clerk shall submit the appli- cation to the planning and building director. Thereafter, within five days of receipt of the application, the planning and building director may elect, in writing, to administratively review the pro- posed short subdivision in accordance with this Section. If the planning and building director elects not to administratively review the application, it shall then be forwarded to the planning commis- sion for review, public hearing and recommendation as set forth in this Chapter. ORDINANCE - 2 "(B) Within thirty days of its election to admin- istratively review the short subdivision, the planning and building director shall complete the review of the proposed short subdivision in accordance with the criteria set forth in this Title, and shall make a preliminary recommendation. Notice of such recommendation and of administrative review of the short subdivision shall be pro- vided and published in the manner set forth in RCW 58.17.095(1). The notice shall, at a minimum, set forth the following information: "(1) The name of the applicant; "(2) The street address, if available, and the legal description of the subject property; "(3) A brief description of the short subdivi- sion proposal; "(4) Notice that no public hearing will be held on the application, except as set forth in this Section; "(5) The procedure and time limitations for any interested persons to require a public hearing and make comments on the application. "(C) Any persons shall have a period of twenty days from the date of publication of the notice to comment upon the pro- posed short subdivision. All comments received shall be provided also to the applicant. The applicant shall have seven days from re- ceipt of the comments to respond thereto to the planning and build- ing director. "(D) If any person files a request for a hearing with the planning and building director within twenty-one days of the date of publication of the notice, a public hearing on the pro- posed short subdivision shall be held. In such event, notice for the public hearing shall be given in accordance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the pro- posed subdivision prOvided for in RCW 58.17.140 shall commence with the date of the filing of the request for public hearing. Any hear- ing required under this Section shall be conducted by the planning commission in the same manner as any other hearing upon a short sub- division application. "(E) In addition, within twenty-one days of the fil- ing of the request for approval of the short subdivision, the plan- ning and building director on its own initiative is authorized to cause or require a public hearing to be held on the proposed short subdivision within ninety days of the filing of the request for the short subdivision, in which case the public hearing shall be held by the planning commission as in the case of other short subdivision applications. "(F) If no public hearing is held upon the applica- tion, as provided for in this Section, the planning and building director shall issue its final Cecommendation approving, disapprov- ing or returning the application to the application for modification, ORDINANCE - 3 - setting forth its findings and conclusions in writing. If approved or disapproved, the decision shall be transmitted to the City Coun- cil not later than fourteen days following the director's decision. Upon receipt of the recommendation, the City Council shall at its next public meeting set the date for the public meeting whereat they adopt or reject the recommendation of the director." Section 7. lows: Section 18.38.040 is hereby amended to read as fol- "18.38.040 Application procedure. "A. Persons who wish approval of short subdivisions shall apply to the ~e) planning (e~ee-~-e~e-~as-bee~-e~ea~e~) department of the c~_~. The application shall contain the informatzon appropriate to znzorm appropriate city departments of matters pertinent to the crea- tion of short subdivisions under the terms of this Chapter. Those applications which, upon inspection, are inadequately prepared to orovide a basis for adequate review shall be returned to the appli- cant with a written explanation as to the inadquacy. "B. Whan an application is submitted in adequate form and content, it will be accepted only upon payment of the required fee, together with an environmental assessment (as may at the time be required), a shorelines management substantial development application, if appropriate, approval by the Department of Ecology if within a flood-control zone, and, if the short sub- division adjoins a state highway, proof that the proposal has been presented to the Director of Highways for his approval. In addi- tion, any governmental permits which may apply to any part of the proposed short subdivision, or which may be required by the appli- cant, must be indicated, and the applicant must assume full respon- sibility for the timely acquisition of the same. Ail of the expenses of such matters shall be paid by the applicant, and the preliminary short plat application shall be.prepared in accordance with Section 18.38.145. "C. Except as set forth in subsection D of this Section, (~)atl applications shall be submitted to the planning and buildin~ ~irector (e~mm~ss~m) for administrative re- view (am~-p~tle-~ea~mg) in accordance with Section 18.38.045 of this Chapter (7)~ "I). (e~eep~-~a~-~) I_n the case of any ORDINANCE - 4 - application for short subdivision having (ews) four or fewer lots to which city water and city sewer are available, an--~access from exist- ing public roadways is already present or possible, the city director of planning, upon notification of all adjacent property owners, shall issue a proposed notice of summary approval by publication.(v-~-~) If the city planning director finds sufficient hazard to t~e public health and welfare, he may notify the applicant the reason for any rejection in writing within fifteen days from the date of initial application. Upon and after a period of fifteen days from the date of publication, having taken into consideration any and all comments from the public, he shall issue a summary approval or a mitigated summary approval, stating all requirements for final short subdivi- sion approval, or a rejection of the proposed short subdivision with a statement designating any and all reasons for the rejection of such short subdivision. An appeal of any rejection based on this subsection to the city planning commission must be made within thirty a~s of written notification." Section 8. Section 18.38.070 of the Port Townsend Municipal Code is hereby amended to read as follows. "18.38.070 Time tables. Applications for approval of short subdivisions shall be processed without delay and shall be approved, disapproved or returned to the applicant within ninety days from the date of application except as provided in Section 18.38.040. All final short plats shall be approved, disapproved or returned to the applicant for modification within thirty days of their filing, unless the applicant consents to an extension of time in writing.- Section 9'. Section 18.38.080 of the Port Townsend Municipal Code is hereby amended to read as follows: "18.38.080 ($~u~ma~y) Preliminary approval - proce- dure. "A. 1. The Jefferson County health de- partment shall review proposed short subdivisions to assure conform- ance with the public health and sanitation requirements adopted by the Washington State Department of Social and Health Services, the Jefferson County health department, and this Chapter, except that any short subdivision application indicating the availability or the proposed installation and availability of city sewer shall not re- quire approval by any individual other than the city public works director, or his designee. "2. On appropriate administration forms adopted pursuant to this Chapter, the department shall indi- cate either: (1) its approval of a proposed short subdivision to- gether with the conditions imposed; or (2) its disapproval of a pro- posed short subdivision and the reasons for disapproval. ORDINANCE - 5 - "B. 1. The public works department shall review proposed short subdivisions to assure conformance with road and drainage systems required. "2. On appropriate forms the depart- ment Shall indicate either: (1) its approval of a proposed short subdivision together with conditions imposed; or (2) its disapproval of a short subdivision and the reasons for disapproval. "C. 1. (~t~e-w~ks-~epa~mem~) The city planning department shall review proposed short subdivisions to assure conformance with the comprehensive plan, and the adopted land use policies and standards of the city. "2. On appropriate forms (eaeh) the department shall indicate either: (1) its approval of a proposed short subdivision and conditions imposed, if any; or (2) its disap- proval of a short subdivision and the reasons for disapproval. "D__(B=) 1. Such (s~mma~y) preliminary approval may require the applicant to meet designated conditions be- fore submission of the final short plat. "2. Following preliminary approval as set forth in this Section, the.planning commission shall conduct- its public hearing and make its recommendation of approval, disap- proval or to return the application to the applicant for modifica- tion. (4=)"3. ($~mma~y-s) Short subdivi- sion approval shall furnish a firm basis upon which the applicant may proceed with any development required and preparation of the final short plat in compliance with this Chapter and any conditions of approval imposed." Section 10. Severability. If any term or provision of this Ordinance, or any part hereof, is held to be invalid by a Court of competent jurisdiction, then the remainder of this Ordinance or of such part thereof not affected by such ruling shall remain in full force and effect. Section ii. Effective date. This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Counqil for the City of Port Townsend and signed by the Mayor this day of ~.7~ , 1991. ~ ) M~ayor Brent Shirley ~ ORDINANCE - 6 - Attest: ApproVed as to form: Keith C.'Harper, 'Cty ttorney Passed by the City Council: S~7 , 1991 Signed by the Mayor: ~.-~A7 , 1991 Published: , 1991 Effective date: , 1991 ORDINANCE - 7 -