HomeMy WebLinkAbout2049 Short Subdivision Procedures0RD...I~NANCE ~NO. 2049
AN ORDINANCE PROVIDING FOR THE PLATTING,
ACCEPTANCE, APPROVAL AND FILING OF SHORT
SUBDIVISIONS, DEFINING TERMS, PROVIDING
PROCEDURES, AND SETTING PENALTIES THEREFOR,
BY ADDING NEW SECTIONS ~O AND AMENDING
ORDINANCE NO. 1806~ AND CHAPTER 18.38 OF THE
PORT TOWNSEND MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION
ASSEMBLED, DO ORDAIN AS FOLLOWS:
~ectipn 1
Section 1.101 of Ordinance 1806, together with Section
18.38.010 of the Port Townsend Municipal Code are each hereby
amended to read as follows:
The purpose of this ordinance is to provide rules,
regulations and standards for the partitioning of land parcels
(e~-~ess-~h~-o~e-o~e-h~e~-~we~-e~h~h-o~-~-see~o~-o~-~-~
sma~e~7-or-~ve-ae~es-o~-~ess~ within the City of Port Townsend,
When the total number of lots involved shall be (~om~) nine (.9).. or
less. It shall 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
requiring adequate provisions for circulation, utilities, drainage,
and services.
Section 2
Section 1.202 of Ordinance 1806, together with Section
18.38.020 of the Port Townsend Municipal Code are each hereby
amended to read as follows:
(P~empp~ea~o~) 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 ~(-~ee~) Pu~li~ ~Qrk~ ~rec.~0.r or City Planning De-
partment. There is no fee for preapplication consultation which
includes design and administrative assistance. However, this free
service shall not include extensive field inspection or correspon-
dence.
Section 3
Section 1.203 of Ordinance 1806, together with Section
18.38.040 of the Port Townsend Municipal Code are each hereby
amended to read as follows:
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Application: (~) Persons who wish approval of short sub-
divisions shall apply to the City (~ee~s) Pq.blic Works office,
or to the Planning office if one has been created. The application
shall contain the information appropriate to inform appropriate
City departments of matters pertinent to the creation of short sub-
divisions under the terms of this ordinance. Those applications
which upon inspection are inadequately prepared to provide a basis
for adequate 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 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 subdivision adjoins a
State highway, proof ~hat the proposal has been presented to the
Director of Highways for his approval. In addition, any govern-
mental permits which may apply to any part of the proposed sub-
division, or which may be required by the applicant must be indica-
ted, 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 Preliminary Short Plat
Application shall be prepared in accordance with Appendix "A" of
this document.
(C) Ail applications shall be submitted to the Planning
Commission for review and public hearing, e~cgp% tha~ in the case
of any appl~ic.ation .f'or~ sh. or_t~ ~subdi~v~is~i_o~n ,hayin~ t~o ,(,2) or fewer
lots .to ~hich ~.C_it¥ water ~an~d. Ci~t¥ .sDwer are available, ,an,d ac, gess
from Existi~q P~ub!.~i~¢. ~road~w~ays...~S .alrg~adi present or possible.~ the
City Director ~Qf ~Pu_bl !C~ W,or.k,s. up_oD ,.Dp~ti,f,i. ca~t~ipn of ~al.1 adjacent
property owners,~ .shall i~ssue a Prop~osed Notice of~. Summary .A~proval
by publication; ~or.~i_f ~the.~ ~cit~y ..p.u,b.,l~i_c ~w~r~ks' .Di.~ect. Or fin. ds suffi,
cient haz.ar~d ~o the. pu~bl~i_c hea_!~th. ~a~n.d .w.D.!~f.~.re..,.' may n~otify the
app 1 icant the r_e~a~sQn ~fQr_ ~any _re j ec_tiQn in, ~ri.t.i~,n~ .~ithin fif teen
(15) days_ o.f initial .appl~ic_a~ion. ~Upon~ .~.~d. a.f~er. ~a. pe~,±o.d .Q.f f.if-
teen ~ (!.5)~ d~ay~s~ ~f~rg_m ~th.~ ~ate. _of .s~aid public, at~ion~_ .having ~takeD into,
consideration any_ and ..~al! cODm_e~nts fr,om .thee p~,~,!.i.q~eshall issue_.._a
Summary App_r~ova!,~ ~o.r._a ~i_~i~ga~.ed ~S~ ~mmary A~Dprova!~, stat~i..n.g all
requirements .f..or F.inal. Shor~t_._~S~ubd. iwi~s~ion ~appr~o~a~l ~ ~r _a rejection
of the P.roPQsed..s. ho. rt subdivision. ~wi~th.~a~ .s.t. at~.ment designating any
and all reasons ~fo~r~ the re~e.ct~i.on 'of said ~sho_r,t.,,,.,s..ubdivi.,s,i,o,n~." An
apPeal of any r~ejection ~b_a. sed ~o~ ~this~se~_tion to the City~ Planni.ng
Commission must be ..~ma. de wi_t_h~.n, thirty (3_0) days...of...wr!..t, te.D_ notifi-
cation.
Section 4
Section 1.204 of Ordinance 1806, together with Section
18.38.060 of the Port Townsend Municipal Code are each amended
to read as follows:
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Fees: Short subdivision applications shall be accompanied
by a fee (o~-~00700) in. th~ ~ ~am~un.t est~bli~hed, by ~ity Ordinance,.
payable to the Current Expense Fund, Additional fees shall be paid
to the (O~m~e) J~f~son CQuD,ty Health Department (B~s~e~) as
required.
Section 5
Section 1.206 of Ordinance 1806 together with Section
18.38.070 of the Port Townsend Municipal Code are each hereby amended
to read as follows:
Timetable: Applications for approval of short subdivisions
shall be processed without delay and shall be approved, disapproved,
or returned to the applicant within ninety (90) days from the date
of application (ex~pt~s~p~r~vi~e~di~Se~ion ~.~2Q3.).
Sectiqn, 6
Section 1.207 of Ordinance 1806 together with Section
18.38.080 of the Port Townsend Municipal Code are each hereby amended
to read as follows:
Summary Approval:
1. The Je~f.f~ers~on_~C~o_uB_ty~ Health Department shall review
proposed short subdivisions t.o assure conformance with the public
health and sanitation requirements adopted by the Washington State
Department of Social and Health Service, the (O~m~e-~ea~h-B~s~e~)
Jefferson County He~alth. Dep.a. rtm~e, nt, and this Ordinance, except ~that
any~ sh.ort s~.bdiv!.s_i~o~n ~app~!_ica.tign~ .in_dica_tin~_ th~ ~ava~i!ability or
the propgsed !nsta!~l~a~tig~n~ and_ ava~lab~i_l.~i~t~f~ _or_city sewer shall not
require, ap.D~rova_l, by a~y .~nd~iv~id~u~a~!..other than the City Pu..b.l.ic Wor,k..s.
Director, or h~s d~es!~n.e.e.
On appropriate administration forms adopted pursuant to
this Ordinance, the Department shall indicate 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 (8~ee~?-Sewe~?-e~-W~e~-Bepa~mem~s) Public Works
Department shall review proposed short subdivisions to assure con-
formance with road and drainage systems required.
On appropriatef~ra~~_heDepartment shall indicate either
(a) its approval of a proposed S]~-~t subdivision together with
conditions imposed, or (b) its disapproval of a short subdivision
and the reason for disapproval.
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3. The (~m~ee~m~-Bepa~meme) P~b.i~.WQ.~k~_ Department or
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.
On appropriate forms each Department shall indicate either
(a) its approval of a proposed short subdivision (~e~e~he~-w~h)an~.
conditions imposed, i.~ any, or (b) its disapproval of a short sub-
division and the reason for disapproval.
Such Summary Approval may require the applicant to meet
designated conditions before submission of the Final Short Plat.
Summary Short Subdivision 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 Ordinance and any Conditions of approval imposed.
Section _7
Section 1.208 of Ordinance 1806 together with Section
18.38.090 of the Port Townsend Municipal Code are each hereby amended
to read as follows:
Expiration: Summary Short Subdivision Approval shall
become invalid unless the Final Short Plat is submitted in proper
form for final approval within six (6) months unless an extension is
requestedby.th~, ap~pli.c, ant._and granted by-
~ee~mme~a~-~6-~he-e~y-B~ee~) Public Works Director (a~-~eas~)
thirty (30) days prior to the date of expiration. Only one six (6)
month extension shall be allowed.
Section ~8
Section 1.209 of Ordinance 1806 together with Section
18.38.100 of the Port Townsend Municipal Code are each hereby amended
to read as follows:
Resubdivisions: Land in short subdivision shall not be
further divided with!~ _a.p~r_~od. of five (_5)_ ye.~r.s without the filing
of a Final Long Plat which shall proceed in full compliance with
Ordinance Number 1671.
Section 9
Section 1.210 of Ordinance 1806 together with Section
18.38.110 of the Port Townsend Municipal Code are each hereby amended
to read as follows:
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Final Short Plat:
1. The Final Short Plat and supporting data shall be
prepared in accordance with Appendix "~" of this Ordinance and
shall be submitted to the Planning Commission.
2. The (~ee~) pD.b~!~ Works Department shall~cause
the Final Short Plat to be circulated to the
a~) ~fer~o~ ~ounty .H~a.lth Department(s) for their individual
approval in accordance with the conditions of Summary
lined in Section 1.207, and requirements of this and othel
cable laws and ordinances.
3. (~he-afe~esa~-Bepa~me~s) A!~! governm~n_ta! agenc~leS.'
shall immediately notify the (~§~ee~) Pub!.i_c .WQr_k.s_ Department
of any obstacles or problems which prevent or delay approval of the
Final Short Plat and the (~mee~) P_u_b!ic_~orks Department or
Planning Department shall thereupon notify the applicant.
4. After approval by the City (~ee~) Publi~. Works
Director or Planning Department and the Planning CommisSiOn, the
Final Short Plat shall be presented to the City Council for a con-
curring signature. After approval by the City Council, any fee
for filing the short plat for record shall be deposited with the
County Treasurer gnd the Final Short Plat and any restrictions and
covenants simultageously recorded. Approval by the Council shall
be indicated by certification of the City Clerk upon the plat.
The City Council may require a performance bond by the applicant
prior to approval of the Final Short Plat.
Section 10
Section 1.301, Section 1.302, Section 1.303, Section
1.304, and-;Section 1.305, of Ordinance 1806, together with Section
18.38.120 of the Port Townsend Municipal Code are each hereby
amended to read as follows:
Lots:
1. Ail lots shall conform with the requirements of any
official control relating to land use or development which may be
adopted to implement the City Comprehensive Plan; prov£ded that in
the event of a discrepancy between the standards estabfished 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 sbaI1
be appropriate to the use for which the lots are intended and the
character of the area in which-;they a~e located. LOt areas in
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excess of minimum standards may be required for reason of sanita-
tion, steep slopes, slide hazards, poor drainage, flood hazards, or
other unique conditions or features which may warrant protection
of the public interest.
3. For the purposes of this Ordinance, minimum lot area
shall be as follows:
Lots served by community water and sanitary sewer,
seven-thousand-two-hundred (7200) square feet; All other lots shall
meet requirements of the (~m~e) Je~ff~rs~on_.C~o_unty Health B~s~e~)
DePartmen.t and the Washington State Department of Social and Health
Services.
Roads. -
1. Roads shall be desigRed with appropriate consideration
for existing and projected roads, anticipated traffic patterns,
topographic and drainage conditions, public convenience and safety,
and the proposed uses of land served.
3. Cul-de-sacs shall 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. (~a~aee~a~) Desitin .a..n~d co_nst.r.uc.t.i.on of public roads
shal 1 conform wi th "198.4_ _St~nda,rd..Slo~e~ci_fica.tion..s fQ.r Ro.a.d.~..Bridge,
and Municipal Con. s.tru¢.tio_n" prepa_r~ed by Wa.s_hin.gtg.n State. Department
of Transportation .and Am. ~eri~.a..n. Pu.bli..c .wo.rk~s As_s.ociati.on,~. or latest
revision_ .t~her.e..o.f.. (e~-~ea~-s~a~a~s ? )
7. Road grades, curves, and intersections shall provide
adequate sight distances for traffic safety.
8. Short subdivisions shall incorporate limited access
provisions where they are adjacent to arterial or collector roads.
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Parks, Open Space, Community Sites and Facilities:
The provision of parks, open space, and/or community faci-
lities is not required, but is optional on the part of the sub-
divider, and may weigh in consideration of the application.
Easements:
1. Easements shall be provided for utility installation
and maintenance and shall conform to standard width of (~we-am~-~e
ha~-~-~) five~(5) feet (a~) on~.e~ch side of interior lot
lines and five (5) feet along front lot lines.
2. Where a subdivision is traversed by a watercourse, a
drainage channel, or a stream, provision shall be made for a drainage
easement conforming substantially with the alignment of the water-
course and an adequate width fOr maintenance and erosion control
purposes. This requirement shall not entail any responsibility for
watercourse maintenance on the part oft~e/Ci~-a~darrangements for
maintenance may be required to the satisfaction of the City (~mee~)
Pub!.~c~orks~ir~c~or.
3. Where configuration 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 watercourse and where volume of run-off anti-
cipated could cause damage if disposed of over neighboring property,
suitable easements and necessary drainage works and maintenance
arrangements shall be provided over the neighboring property to the
satisfaction of the City (~ee~) P~b.!~c_ ~rks.~Dir~ctqr.
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 arterial road, a commercial or indus-
trial development, tidelands, shorelands, marshes or streamways, or
other land use from which separation or screening is deemed advis-
able.
Unsuitable Land:
Marshes, swamps, streamwaYs, tidelands, aquifer-recharge
areas, and land subject to flooding or having bad drainage, and land
having steep slopes, or geological hazards and such other land as the
(Sewe~?-Wa~e~?-a~-~ee~-Be~a~me~s) ~ty Publ~.c~or~.s
Department or Jefferson. ~ODp~Y Health Department find unsuitable
for the purpose of building 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 ('ee~m~y) City standards for
construction of a dwelling.
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Sect.ion_
Section 1.401, Section 1.402, Section 1.403, Section 1.404,
Section 1.405, Section 1.406, and Section 1.407 of Ordinance 1806,
together with Section 18.38.130 of the Port Townsend Municipal Code
are each hereby amended to read as follows:
Roads:
1. Private roads providing access to or within a short
subdivision ha,~ing~ fou~r .or_ ~_ew~e~ lot._s or_ tr.acts are not required
to be constructed. .L,and.s_ in__sh0_r.t~ sUbdiv, isi~on_ b~av_ing more than
four (4)_,...b.u.t_ f.ew~.r t~han ~!~ght ~(8)_ lots o~r _t_ra~_ts..sh~a_l_l have the
roadways. .cons.t. ru.c,ted t~....a st~_ndar~, in..clu_~di~ng, b_al.!a, st_ and~ crushed
rock surf~cin_g Lands in shor_t subdivision having more than seven
(7.)...but. n~o. ~more thwart n. ine _(9)..3~o~ts o.r ~trac_ts will be_ constructed
to a standard incl.udin_q ba_l~l~ast,~ c.rushed rock _surfa. cing~,..and ~a
mini. m. um_._of_ twQ (_2}___inc_hes A~s/0h.a!_t~ic~ _Concr~e~te pa~ing, o~r two (2.)
su. rfa~.e_...co.a_t, ings .qf~ ~L.i,g.h.t..B~it~minous .Sur~facing Top COUrs~e,_ or five
(,5) inches. ~R. einfo, r_ced _Co.nc. rg.t~_ Payement. _insta!_le_d in. accordance
with t. he~.,".!,98,4..,S_tandard. Spe.cif~i.ca~i_.ons_ ~for Ro~ad~. Bridge_, and Muni-
cip.a.1, .Con, s,t.ru.c.~t, ig.n"' prepared, by~ t.,he~ ~as~hing_ton_ ~State_.Department
of Transp. or,t.a~.t..ion~ and .Ameri_can. Publ.i~c Work_s Association~ or_ .latest
revision,, ,the_r~_o_f .... Thg_ st~andard, .s,h, al_l_. _a.!so..require t_ha_t _all under-
grQund ~_t~i!it$_es _and_ _.fix.t.u. rg~s be ~installed within the rgadw.ay prism
prior, to. th_e~ba_l!.astin~q ~and. paving,~ .and_ prior, to. approval of Final
S..hort Subd.i..vi~sio.n. bY~ .thee..C~ity.. Dir~ec~to.r of Public ~Works..
2. Public roads within the short subdivision, if required
for access within-~the short subdivision, shall be constructed,
ballasted and surfaced in accordance with ~i~y standards upon
approval by the (8~ee~)P~b!ic Works Department. All fixtures to
be located under the roadway shall be installed before the 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 (~m~ee~) Public Works
Director, before the ballast is laid. All required road construction
must be approved by the(~ee~-S~pe~e~e~) qity P~b.l~c Works
Di.~egtor prior to approval of the Final Short Plat.
Signs:
On proposed pu.bli~ ,~9a~,,..all (R) r_oad signs shall be
installed in accordance with thg.,MaDDA1 on ~n~orm..Traffic control
Devices_" ~a~d City standards. Traffic signs and safety devices shall
be provided and installed in accordance with State of Washington
highway traffic control standards.
Water Supply:
1. A City water supply must be a~ai~lab_l~e to each and every
lot pro~q.se~d .i.n .a. short s~.b.d.ivision of,..two,,.~(2) or fewer lots and
must be provided to each building tract within(ehe) a short sub-
division havin three (3) or more lots or arcels b the a licant
_ g ................... ~,, ,, Y PP
at no cost to the City and without placement of reservations on
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future use of water lines so provided.
(
~ea~-~he-~eea%~em-~-~he-wa~e~-~e?) ~ a.s.r_b~ilt p.lDn ~0~
wa~ r. 1 ine..19.ca, tigD. ,sh.~l 1~ be_ _required_ b~y re~ues_t of~ _~he city
Pu~,lic ~qrks D.i_re~gr.,_ ~nd ~m.a~e _~. cg.nd!tion...o_f _su~_ary. Approval..
Installation of sewage disposal systems within short su~ivisions
shall be in compliance with re~lations and standards of the
Washington State Department of Social and Health Services, the
State Department of Ecology, the (8~e-Hea~h-B~se~e%) Jefferson
County He~a!_th..~Dep~r. tment, and the City of Port Townsend.
Fire Protection:
Subdividers are required to consult local fire district
representatives regarding development of fire protection measures.
Fire Pro.te.c.t, ion~ de_vic,e.s.....i.n' ..th.e .f.orm_ o_f. ~ire hydrants s_hal!, be a
requirement__qf_a, ny .shpr.t..s.ubdivi:si. on,~ in .ac.cqrdan.ce_ with City speci-
fic.ation, s a.n.d.t.h.e..U.n.i.f~or.m F~ire_ ~C.Qd.e~..
Electric and Telephone:
Short subdivisions .Q.f. fe_w~.r_...th_an _five._ l~.ts or_ tracts are
not required to provide electric and telephone facilities. Lo.ts
wi t.hin .a..n.~ .s. hort_ s~b~div_i~sio.n_ p~f...f i.v..e.,, o.r mQ.re lpt. s _or_ ~trac~s require
the. p.r.0v.i.s.~.o.n .0.f e~!e.ct_ric, power. _and telephone, be._ins~ta!.le_d t.o each
and every lot Qr ~tr_a¢t so p_ropos~ed..
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. Ail surveys shall conform to standard practices and
principles for land surveying, and shall be to the satisfaction of
the(~e~e~se~-~y-~ee~)Cit~.~.?~.or_~. T~wnsend Director of
Public..Wo. rks.
3. The City (~mee~) P~bli~ works. Dirgc~gr shall be
furnished all documents and calculations necessary to determine
the accuracy of surveys.
4. The surveyor shall provide the Jefferson County Health
Department and the (~ee~) Publi~ W_ork,~ Department data
(~m~eae~m) indicating the area of each lot within Final Short
Plat, exclusiv~ ~f..a~y~.~r~.g~ts-9,f~ay~_adj~c~nt,.
5. Permanent control and road monuments shall be con-
structed of materials as per City standards, and shall be established
at locations determined by the City.
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6. Road monuments shall be set at a time when further road
development or utility installation will not disturb the accuracy
of their position.
7. Every lot shall be marked by
an. iron pipe or (e~va~e~?) re,ar ha_vi~g_thg, survgxg~'s .identi-
fic.ati~D~.c.ap bgarin_g_~the._s~r~ey~r.,s ce~t!.ficAt~ n~mb~r.
Section 12
A new Section is added to Ordinance 1806, and to Chapter
18.38 of the Port Townsend Municipal Code, as follows:
Exemptions:
of this Ordinance:
The following are exempt from the provisions
Cemetaries and other burial plots while used for
that purpose.
Division made by testamentary provisions, or the ~aws
of descent.
Section. 13.
A new Section is added to Ordinance 1806,~and t~Chapter
18.38 of the Port Townsend Municipal Code, as follows:
Additional Exemptions: The following are exempt from the
provisions of this Ordinance, except that each and every tract, par-
cel lot or division so created, be surveyed and marked on the ground
by a land surveyor, registered with the State of Washington, in
accordance with the Survey Recording Act of 1973 and applicable
current Washington Administrative Code and the Revised Code of Wash-
ington:
A. Divisions made by gift among members of an immediate
family, PROVIDED, (1) the grantor has fee simple title to the gift
parcel; (2) the parcel so granted is not a resubdivision of a lot
within a short plat within five (5) years of the date of recording
the subject short plat; (3) residential divisions shall meet Jeffer-
son County ~H~aI'~h Department standards as related to sewage disposal
and water supply; (4) such subdivisions shall be restricted from
resaXe for a period of five (5) years from the effective date of
the gift transaction; (5) such divisions provide a sixty (60)foot
legal access easement or right-of-way for ingress, egress and utili-
ties to all resulting parcels; and (6) members of an immediate
family shall mean father, mother, daughter, son, brother, sister,
grandparent, grandchild.
B. Divisions rela~ing to the acquisition of land by public
agencies, including, but not limited to, divisions made for road
widening purposes.
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C. Divisions by private parties for land restricted solely
for use as a means Of ingress and egress.
D. Divisions for lease where such land is to be used for
the sole purpose of agriculture.
E. Division of land into lots or tracts one one-hundred-
twenty-eighth (128th) of a section of land or larger, or five (5)
acres or larger if the land is not capable of description as a frac-
tion of a section of land, PROVIDED, (a) that for the p~poses of
computing the size of any lot underTthis item which borders on a
street or road, the lot size shall be expanded to include that area
which would be bounded by the center-line of the road or street and
the side lot lines running perpendicular to such center-lines;
(b) such divisions provide a sixty (60) foot legal access easement
or right-of-way for ingress, egress, and utilities serving all tracts
so divided; (c) the nature of the access, or lack thereof, shall be
made a part of the legal description of the property; and (d) land
so divided shall not be resubdivided within five (5) years without -~.
the approval of a Final Long Plat, unless each and every tract within
the resubdivision is also five (5) acres or larger.
F. Division of land. into lots or tracts where the overall
density of the entire parcel being divided does not exceed one
unit per five (5) acres or larger if the land is not capable of
description as a fraction of a section of land, PROVIDED, (a) that
for the purposes of computing the size of any lot under this item
which borders on a street or road, the lot size shall be expanded
to include that area which wouldf~ be bounded by the center-line of
the road or street and the side lot lines running perpendicular to
such center-lines; (b) such divisions provide a sixty (60) foot
legal access easement or right-of-way for ingress, egress, and
utilities serving all tracts so divided; (c) legal access of no
specified width, from a public road to the entire tract of land
being divided, shall be secured; (d) residential lots or tracts meet
standards of the Jefferson County Health Department as related to
water supply and sewage disposal; (e) each lot or tract so created
has a combination of divided and undivided (or common) interest
in five (5) acres or greater; (f) undivided or common interest tracts
be adjacent to, or continguous with, or functionally related to,
residential lots so created; (g) restrictive covenants or other means
shall be employed to maintain the prescribed density and common
area; (h) land so divided shall not be resubdivided within three
(3) years without the approval of a Final Long Plat, unless each and
every tract within the resubdivision is also five (5) acres or
larger.
G. The combination of portions of previously platted lots
when (a) the total number of lots is not increased, and (b) the
resulting parcels meet minimum Jefferson County Health Department
standards for lot sizes as related to sewage disposal and water supply.
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H. Land divided solely for the purpose of minor line
adjustment, PROVIDED, (a) the total number of lots are not increased,
and (b) the resulting parcels meet standards of the Jefferson Coun.ty
Health Department as related to water supply and sewage disposal.
I. A single parcel deed-release for home mortgage purposes,
provided, such parcel meets standards of the Jefferson County Health
~e~m~ for lot~area as related to water supply and sewage dis-
posal.
Section 14
Appendix B to Ordinance 1806, together with Section 18.31.150
of the Port Townsend Municipal Code are each hereby amended to read
as follows:
1.60 Variances and E~cep.t!ons:
1.601 Variances: The Planning Commission may recommend a variance
subject to final approval of the Council from its regulations when
in its opinion undue hardship may result from strict compliance.
In recommending any variance the Planning Commission shall pre-
scribe only conditions that it deems necessary to or desireable for
the public interest. In making its findings the Planning Commission
shall take into account the nature of the proposed use of land and
the existing land use in the vicinity, the expected population
density in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions and other related
matters in the area. No variance shall be recommended unless the
Commission finds:
a. That there are special circumstances or conditions
affecting said property 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 a substantial property right of the petitioner.
c. That the granting of the variance will not be detri-
mental to the public welfare or injurious to other property in the
territory in which said property is situated.
(See~e~-~478~)
1.602 The Planning Commission may recommend a variance from these
regulations in case of a planned unit development, or for a plan
which involves a complete community or neighborhood which in the
judgment of the Planning Commission provides adequate open public
spaces, efficient traffic circulation, light and air, and other
needs. In making its findings the Planning Commission shall take
into account the effect of the proposed subdivision upon traffic
conditions and other related matters in the area. The Planning
Commission, before recommending a variance shall determine that:
a. The proposed project will constitute a desirable
and stable community development.
areas.
b. The proposed project will be in harmony with adjacent
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(Section 14.02)
1.603
a. Application for any such variance shall be submitted in
writing by the subdivider at the time the Proposed Plat is filed
with the City Clerk. The petition shall state fully the grounds
for the application and all substantiating facts and evidence per-
tinent to the request.
b. The City Council shall within thirty (30) days after
receiving the Planning Commission's recommendation for any variance
or variances review such recommendation and thereupon may concur,
modify or reject the recommendation of the Planning Commission.
(See~e~-~4~)
1.604 After the Planning Commission receives the proposed plat,
subdivision o~dedication from the subdivider, it may recommend
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 than twice the amount specified in
the Official Plan, except when the official zoning ordinance and map,
or the plattor or subdivider proposed higher residential land use
densities than twice the existing densities.
b. A realignment of a major or community arterial or
neighborhood collector street as shown on the Official Plan so as
to permit the subdivider to prepare a better arrangement of lots,
residential streets and other public ways, parks and playgrounds.
c. In cases of excessive topographical grades of 15% or
more, crosswalk requirements may be omitted.
d. In cases where the total of the minimum requirements
for sidewalk,parking strip and pavement widths exceed the minimum
requirements, minimum rights of way required shall equal the total
minimum requirements of the sidewalk, parking strip and pavements
widths.
e. In cases where the lots of a subdivision face major
or secondary arterials the requirements for the minimum depth of
said lots shall be increased in an amount not to exceed twenty feet
for lots containing less than 35,000 square feet in area.
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Section 15
Appendix C of Ordinance number 1806, together with Section
18.38.160 of the Port Townsend Municipal Code are heach hereby
amended to read as follows:
1.70 Pe_na~ti~s,_~C.o~fi!c%,_.aD.d ~Valid$~ty
(See~om-'~v00)
1.70.01 Penalties: Any person or persons, firm or firms, or any
one or more corporations at various and successive times or at any
one time after adoption of the ordinance having platted, subdiviSed
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
which is five (5) acres or less for the purposes of providing build-
ing sites, now or at any time hence, held in one ownership, either
by contract for purchase, by deed or by both, 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 fine in any sum not to exceed one-hundred dollars
($100.00) for each of said lots, tracts, or smaller parts, imprison-
ment in the city jail for a period not to exceed 30 days, or by both
such fine and imprisonment, and whoever, being the owner or agent
of the owner of any land located within a plat or subdivision con-
taining ~e t.e.n or more such lots, plots, tracts, or smaller parts,
transfer or sells, or agrees to sell, or option any land by refer-
ence to or exhibition of, or by any other use of a plat or a map of
a subdivision, before such plat or map has been approved by the
City of Port Townsend and before the same has been filed for record
in the office of the Jefferson County Auditor, shall in addition to
any other penalties provided for herein, forfeit and pay a penalty
of not to exceed one-hundred dollars ($100.00) for each lot or
parcel so transferred, sold, or agreed or optioned to be sold, and
the description of such lot by (.m~es) metes and bounds in the
instrument of transfer, agreeing or optioning, 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 by making application for an
injunction in the Superior Court, and/or the Planning Commission,
the City Council or City Engineer may recover said penalty for the
City of Port Townsend by a civil action in any court of competent
jurisdiction.
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Section 16
A new Appendix A is hereby added to Ordinance Number 1806,
and a new section is added to Chapter 18.38 of the Port Townsend
Municipal Code, as follows:
APPENDIX "A"
SHO~.T....S.UB~IVISION PRELIMS. NARy APPL~ICATION CHECKLIST
Short Plat Preliminary Applications shall be prepared as follows:
The Short Subdivision application form provided by the City
Public Works Department shall be completely filled out.
One Copy or description of existing property restrictions,
covenants, mortgages, liens, and other encumbrances should be
attached to the Short Plat application form.
One copy of any prop~os.ed restrictions and covenants should be
attached to the Short Subdivision application form.
Ten (10) copies of a basic site plan prepared by a Professional
Land Surveyor, registered by the State of Washington Surveyor
on an eighteen by twenty-four (18"x 24") inch paper containing
the following shall be attached to the Short Subdivision appli-
cation form:
Layout and diminsions of existing and proposed lot lines, pro-
perty boundaries, roads, easements, etc.;16cat£onofoutstanding
natural features (creeks, shorelines, tree lines, etc.); loca-
tion of outstanding cultural features (wells, buildings, fences,
etc.); 'contour lines at no greater than 2 foot intervals and a
vicinity sketch.
The names and addresses of all property owners adjacent and
within 200 feet of any boundary of the proposed subdivision.
Section 17
The former Appendix A to Ordinance number 1806, together
with Section 18.38.140, is amended to read as follows:
APPENDIX "B"
FINA~.SHORT~.P_LAT~ CHECKLIST
Final Short Plats shall be prepared as follows:
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In addition to being drawn to a scale of no less than one (1) inch
equal to two'hundred (200) feet, having anorth indicating arrow --
1. Plats should be accurately drawn in ink on 18"x 24"
mylar or (s~m~a~) .s~tab!e permag_ent 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, regis-
tered with the State of Washington, that the short plat is based upon
the actual survey, that the (~-s~a~ees-heve-~ee~-se~)
courses and distances~are .shown_~cprre_ct3y thereon, and all required
stakes and monuments placed on the ground in compliance with the
short subdivision ordinancP;
c. A certification with appropriate signatures by
the (~ym~e-He'~-~s~e~)J~ff~D .~ty Health Department,
where necessary (~y-W~e.~-Sewe~?-a~-8~ee~-8~e~e~e~s~)
and the (~m~mee~m~) City~o.f Po.rt?~owDsend Public .WD~rks Department
that the short plat is in compliance with all short subdivision
requirements of the City Subdivision Ordinance, and all conditions
of Summary Short Subdivision Approval;
d. A certification by the Jefferson County Treasurer
that (~-p~e~e~y-~es-~e-~e'-h~e-~ee~-~e~,) .a._!~.l' taxes due and
deposits regui.r.e.d_.~to coy.er anticipated taxe. s....on .the. property em-
braced in this_ _sh~or~t .pla% have. been p.ai~ ~up-~t~o and including the
ye ar ~9
(~?)
e. A certificate of approval by the City Council;
Audi tor.
f. A certificate of filing by the Jefferson County
2. Ail Final Short Plats, when presented to the City,
shall be accompanied by a plat certificate confirming tha't~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 Department or to the City (~m~mee~n~)
P~.l~c ~k.s Department.
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Section 18
Gene~al~ ~epD.a!er.. Ail Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
Section 19
Severabilit¥. Should any section, subsection, paragraph,
sentence, clause or phrase of this Ordinance be declared invalid for
any reason, such decision shall not affect - the validity of the
remaining portions of this Ordinance or the application hereof to
any other persons or circumstance.
Section 20
Eff~cti~e__~ate. This Ordinance shall take effect upon its
passage, approval and publication in the manner provided by law.
Read for the first, second and third times, passed by the
City Council for the City of Port Townsend and approved by the Mayor
of the City on November 18, 1986.
MAYOR, Brent Shirley
Atte s t:
David Grove
City Clerk
City Attorney
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