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HomeMy WebLinkAbout2572 Subdivision RegulationsOrdinance No. 2572 CITY OF PORT TOWNSEND, WASHINGTON AN ORDINANCE ADOPTING SUBDIVISION REGULATIONS FOR THE CITY OF PORT TOWNSEND PURSUANT TO THE GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW, AND THE REGULATORY REFORM ACT, CHAPTER 36.70B RCW, TO IMPLEMENT THE PORT TOWNSEND COMPREHENSIVE PLAN; AND REPEALING AND REPLACING TITLE 18 PTMC WITH A NEW TITLE 18 PTMC IN ACCORDANCE WITH THIS ORDINANCE; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Townsend adopted its Comprehensive Plan in accordance with the Washington State Growth Management Act (GMA) on July 15, 1996, Ordinance No. 2539. All findings, recitals and other provisions of Ordinance No. 2539, and all provisions of the Comprehensive Plan are incorporated herein by this reference; and WHEREAS, the City Council adopted zoning regulations and a zoning map in compliance with, and in full conformance with the adopted Comprehensive Plan and the Washington State Growth Management Act on April 7, 1997; and WHEREAS, the Washington State Legislature passed Engrossed Substitute House Bill 1724 (the Regulatory Reform Act, codified at Chapter 36.70B RCW) in the 54th legislative session, requiring the City to reform the local land use regulatory process. The City has complied with the Regulatory Reform Act through adoption of Chapter 20.01 PTMC, enacting a uniform land use permit application and administration process providing greater predictability for applicants, expanded public notification, and expediting permit review. This Ordinance further implements the Regulatory Reform Act by consolidating subdivision application review with other permit review procedures in accordance with Chapter 20.01 PTMC; and WHEREAS, to implement the Comprehensive Plan, the GMA and the Regulatory Reform Act, it is necessary through this Ordinance for the City to repeal its prior subdivision regulations and adopt new subdivision regulations. A new Title 18 PTMC, the "Port Townsend Land Division Ordinance," ("the Land Division Ordinance"), attached hereto as EXHIBIT A and incorporated herein by this reference, is intended to supersede and replace the previous subdivision ordinance, Title 18 PTMC; and WHEREAS, the Land Division Ordinance is intended to carry out the purposes as provided within the Ordinance, including the orderly subdivision and development of land PORT TOWNSEND LAND DIVISION ORDINANCE 1 ORD. NO. 2572 within Port Townsend and the adequate, timely and efficient provision of public facilities and services (infrastructure) serving all properties within the City through compliance with the City's engineering design standards; and WHEREAS, the Land Division Ordinance, Chapter 18.08, permits the administrative review of minor lot line adjustments, exempting such applications from the requirements of formal subdivision review, in accordance with 58.17.040(6), so long as the application meets all requirements as set forth in the Ordinance; and WHEREAS, in accordance with RCW 58.17.060, the Land Division Ordinance, Chapter 18.12, permits the administrative review and summary approval of short subdivisions seeking review and approval of nine or fewer proposed lots, so long as the application meets all requirements as set forth in the Ordinance; and WHEREAS, in accordance with the GMA, as implemented through the City's Comprehensive Plan, and in accordance with the Regulatory Reform Act, as implemented through Chapter 20.01 PTMC, all residential areas in Port Townsend are suitable for compact urban development. Therefore, so long as the application conforms with the Comprehensive Plan, in subdivision proposals seeking to subdivide nine or fewer lots, the primary considerations should be the appropriate provision of public facilities, including stormwater facilities, and the consideration of environmental impacts, not the inquiry of whether a particular development proposal is suitable in a particular neighborhood. Suitability of development proposals for particular neighborhoods and areas of town has been addressed through the Comprehensive Plan and Title 17 PTMC (the City's zoning ordinance). Therefore, such small-scale projects are amenable to administrative processing in accordance with the short subdivision procedures (Chapter 18.12 PTMC) set forth in the Land Division Ordinance; and WHEREAS, in order to implement the policy direction in the Comprehensive Plan and the city's regulatory reform ordinance, Chapter 20.01 PTMC, to facilitate expeditious review of development applications based upon predictable standards, the Council hereby departs from the past practice of only allowing administrative review of short plats consisting of four or fewer lots. The Land Division Ordinance adopted herein allows expedited administrative "Type II" review of applications proposing the subdivision and development of nine or fewer lots; and WHEREAS, the Land Division Ordinance, Chapter 18.16 PTMC, sets forth clear procedures and requirements for subdivision of property into more than nine lots, requiring such lots to conform with the Comprehensive Plan, all applicable land use and environmental regulations, and the City's adopted engineering design standards; and PORT TOWNSEND LAND DIVISION ORDINANCE 2 ORD. NO. 2572 WItEREAS, Chapter IV, Land Use Element, of the 1996 Port Townsend Comprehensive Plan requires the adoption of an R-I Low Density Residential Single Family district (4 dwelling units per acre) within drainage basins 4a and 4b in the northwestern portion of the City, because of public safety and environmental concerns related to stormwater control and potential flooding problems. The R-I downzone has been implemented through the adoption of revised Title 17 PTMC. The R-I designation will render "nonconforming" those lots platted in this portion of the City prior to the adoption of the Comprehensive Plan and revisions to Title 17 PTMC. Title 17 PTMC requires that such lots be consolidated to meet minimum lot density requirements; and WHEREAS, due to environmental constraints (including steep slopes and the predominance of wetland areas and other environmentally sensitive areas), lot development in accordance with recorded plats may be impracticable, and may require redesign of plats through lot consolidation and replatting; and WHEREAS, in addition to other purposes, the R-I designation adopted pursuant to the 1996 Comprehensive Plan is designed to accommodate single family development which maintains and promotes the "small town" character of Port Townsend while ensuring that environmental quality and public safety needs are not adversely impacted. The Comprehensive Plan, pages IV-20 through IV-24 provides further policy direction for stormwater control and residential land use; and WHEREAS, the historic platting of properties in Port Townsend was undertaken prior to the enactment of modern local, state and federal land use and environmental controls which have been enacted for the protection of the public health, safety and welfare, and for the protection of the natural and built environment. The historic platting of properties in Port Townsend was undertaken almost exclusively under the territorial platting statute, primarily for the purpose of land division and conveyance; and WHEREAS, by allowing the construction and development on historic platted properties without compliance with land use and environmental controls (particularly Chapter 58.17 RCW), the City would encourage and facilitate haphazard, unplanned development which would not adequately construct necessary public facilities to serve the health and safety needs of purchasers of platted lots and other members of the community, imposing financial burdens on the City's taxpayers and utility ratepayers to fund infrastructure which, under Washington law, should be installed by subdivision applicants and developers prior to obtaining final plat approval, and prior to the conveyance of lots; and WHEREAS, for the most part, the historic platting of properties in Port Townsend was not subjected to regulatory review, and was not conducted in compliance with mandatory regulatory requirements, including but not limited to the State Subdivision Act, Chapter 58.17 RCW, the Growth Management Act, Chapter 36.70A RCW, the Shoreline Management Act, PORT TOWNSEND LAND DIVISION ORDINANCE 3 ORD. NO. 2572 Chapter 90.58 RCW, and the State Environmental Policy Act, Chapter 43.21C RCW, as well as local plans and ordinances adopted to implement Washington regulatory requirements. In accordance with Washington law, the Council finds that as a matter of law and public policy, there is no rational basis to discriminate in favor of owners of historically platted lots by exempting such properties from regulatory standards applicable to unplatted properties posing similar impacts upon public services, facilities, infrastructure and the environment. The Council finds that historically platted lots are not exempt from, and shall be subject to local, state and federal land use regulations and controls; and WHEREAS, the construction upon, and the development of lots which are rendered "nonconforming" by the enactment of minimum lot size and density standards contained within Title 17 PTMC, and are inconsistent with the Land Division Ordinance, Title 18 PTMC, Chapter 43.21C RCW (SEPA), Chapter 58.17 RCW (Subdivision Act), Chapter 36.70A RCW (GMA), and the 1996 Port Townsend Comprehensive Plan, undermines the important public purposes of Washington law and the Port Townsend zoning code, including but not limited to the installation of necessary public facilities, and the protection of public safety and environmental quality, and is contrary to the public interest as set forth in the Port Townsend Comprehensive Plan; and WHEREAS, the Land Division Ordinance, Chapter 18.18, sets a threshold for administrative, "Type I" review for nine or fewer platted lots of record, through the use of checklists, allowing owners of lots of record the opportunity to obtain regulatory review of development plans for lots of record at the time they seek building permits, with minimal regulatory burdens. However, the Council finds that the City has the authority to require the redivision of properties in compliance with Chapter 58.17 RCW where the layout, design and feasibility of infrastructure provision for platted lots fail to meet the mandatory requirements of State, federal and local land use and environmental laws. For applications involving more than nine lots of record, the Council finds that the development will impose impacts upon neighborhoods and the City as a whole, including but not limited to the efficient provision of infrastructure, requiring public notice and hearings available through full "Type III" subdivision review; and WHEREAS, by enabling administrative "Type I" review through the City's authority under Chapter 58.17 RCW for up to the maximum number of lots allowed under Washington law, RCW 58.17.020(6), applications for recognition of lots of record will be processed expeditiously under predictable, clear regulatory standards, serving the important public purpose of treating all properties in the City uniformly under land use and environmental laws; and WHEREAS, in accordance with RCW 58.17.040(4) and (7), the Land Division Ordinance provides for expeditious administrative review of applications for binding site plan PORT TOWNSEND LAND DIVISION ORDINANCE 4 ORD. NO. 2572 approvals, exempting certain applications from formal subdivision approval upon compliance with Chapter 18.20 PTMC; and WHEREAS, the Land Division Ordinance, Chapter 18.24 PTMC, adopts and incorporates by reference all requirements of the City's engineering design standards, including Titles 12 and 13 PTMC and the Public Works Department's Engineering Design Standards Manual, requiring that all applications subject to the Ordinance comply with clear, predictable engineering design standards which balance the initial capital costs of improvements with long term operation and maintenance costs; and WHEREAS, the Land Division Ordinance implements the Comprehensive Plan by creating incentives for land development applicants to seek opportunities for the creative design of lots and transportation improvements, and for affordable development and the affordable provision of public services and facilities through the Planned Unit Development code, Chapter 17.32 PTMC; and WHEREAS, in accordance with the GMA, the City forwarded the proposed new Title 18 PTMC to the State of Washington Department of Community Trade and Economic Development for review and comment more than 60 days prior to adoption of this Ordinance. The City did not receive comments during the subsequent 60 days; and WHEREAS, review of this Ordinance has been conducted in accordance with Chapter 43.21C RCW, the State Environmental Policy Act (SEPA); and WHEREAS, the Planning Commission held a public hearing on the Land Division Ordinance on February 27, 1997, and held public workshops to deliberate regarding the Ordinance on March 6, March 13, and March 20, 1997, with a continued workshop meeting held on March 25, 1997 to consider and approve all revisions as directed by the Commission, and to take final action on the Ordinance. The Commission recommended to City Council that the Ordinance be adopted as amended; and WHEREAS, the City Council held a public hearing on the Land Division Ordinance on March 31, 1997, and held public workshops to deliberate regarding the Ordinance on April 1 and April 2, 1997, with final adoption at the regular City Council meeting held on April 7, 1997. The City Council adopts the findings and recitals contained within this Ordinance in response to presentations and testimony presented, and all deliberations occurring at the Planning Commission and Council public heatings and workshops; and WHEREAS, the immediate adoption of this Ordinance is necessary to comply with Washington Department of Health regulatory requirements. In the Department of Health's Modified Agreed Order Docket No. 94-003 ("the Order" or "DOH Order"), the Department of Health CDOH") has ordered the City to "complete all construction necessary to meet CT PORT TOWNSEND LAND DIVISION ORDINANCE 5 ORD. NO. 2572 [chlorine contact time] requirements for all City water users within the City Limits, . .. and shall complete associated chlorination system improvements needed..." by December 31, 1997. The Order requires the City to apply for grant or loan funds through the Public Works Trust Fund CPWTF') program, or other source, in order to fund these improvements. The Order imposes substantial potential penalties upon the City for noncompliance; and WHEREAS, by providing the removal of biological contaminants and disinfection of City water lines, the CT pipeline improvements are necessary to ensure the adequacy and safety of domestic water quality for City water customers. The timely construction of the improvements is therefore necessary to the protection of public health and public safety; and WHEREAS, the CT pipeline project, with all associated improvements, are included in the City's Comprehensive Plan's Capital Facilities Element, Table VII-26, for funding and construction in I996-1997. The DOH Order requires that regardless of eligibility for public grants and loans, the City "shall complete construction no later than December 31, 1998." Without being eligible to secure necessary grant or loan funds in 1997, the timely completion of the required improvements is unlikely, without a significant utility customer rate increase to fund the improvements; and WHEREAS, the Washington State Department of Community, Trade and Economic Development CDCTED") is the agency administering the PWTF grant or loan program. To be eligible for the grant or loan funds, upon submittal of the application, DCTED requires that the City be in full compliance with the GMA, including adoption of the Comprehensive Plan and implementing development regulations; and WHEREAS, pursuant to the GMA, the Land Division Ordinance is a mandatory development regulation which must be adopted to ensure eligibility for the PWTF grant or loan funds. The PWTF application deadline, and the deadline for full compliance with the GMA, is April 9, 1997. Therefore, to ensure eligibility for the PWTF grant or loan funds, and thereby to ensure compliance with the DOH Order, this Ordinance must be effective upon adoption; and WHEREAS, based upon the imperative need to comply with the DOH Order and to complete construction of the CT pipeline and associated improvements in a timely fashion, there is an emergency need for this Ordinance to be effective immediately upon adoption, NOW, THEREFORE, based upon the above findings and recitals, the City Council of the City of Port Townsend, Washington does ordain as follows: Section 1. Repealer. Title 18 PTMC is hereby repealed and replaced with a new Title 18 PTMC in accordance with this Ordinance. PORT TOWNSEND LAND DIVISION ORDINANCE 6 ORD. NO. 2572 ~. Adoption. Pursuant to the City's authority conferred by RCW 35A.58.030, the City Council hereby adopts the subdivision regulations which are marked as EXltlBIT A, attached hereto and by this reference made a part hereof, entitled Title 18 "Port Townsend Land Division Ordinance," to be codified as Title 18, "Port Townsend Land Division Ordinance," Chapters 18.04 through 18.24 of the Port Townsend Municipal Code. Section 3. Filing. The Land Division Ordinance shall be filed with the City Clerk and shall be available for public inspection upon the effective date of this Ordinance. Section 4. Transmittal to DCTED. The City Clerk shall transmit a copy of this Ordinance to the State Department of Community, Trade and Economic Development (DCTED) within 10 days of adoption of this Ordinance. Section 5. Effect of Repealed Subdivision Ordinance. Upon the effective date of this Ordinance, the previous subdivision ordinance repealed by this Ordinance shall be superseded by the Land Division Ordinance, EXHIBIT A. However, if the Land Division Ordinance adopted pursuant to this Ordinance is at any time hereafter declared in its entirety to be invalid or no effect, the previous subdivision ordinance hereby repealed shall spring into effect until subsequently amended or repealed. Section 6. Declaration of Emergency. In accordance with RCW 35A. 12.130 and 35A. 13.190, and based upon the above findings and recitals, the Council hereby declares it is essential that the City be eligible for grant funds and favorable low interest loans available through the Public Works Trust Fund and other public revenue sources in order to conduct necessary water system improvements during 1997, in accordance with the City's Capital Facilities Plan and in compliance with Department of Health's Modified Agreed Order, Docket No. 94-003. The Council declares that the adoption of this Ordinance is necessary for the protection of public health and public safety and that ensuring eligibility for public grants and loans to address public health and safety needs associated with the City's water system constitutes an emergency condition, requiring that this Ordinance be effective immediately upon adoption. ~ Effective Date. Pursuant to RCW 35A. 12.130 and 35A. 13.190, the Council hereby declares an emergency and declares that this ordinance shall be effective immediately upon adoption. PORT TOWNSEND LAND DIVISION ORDINANCE 7 ORD. NO. 2572 Section 8. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. Passed by the City Council and approved by the Mayor of the City of Port Townsend, Washington, at a regular meeting thereof this 7th day of April, 1997. Attest: e~m Kol~tcy~, ~ty Clerk 03/31/97 Tim/Ord{Subdiv2.ord} PORT TOWNSEND LAND DIVISION ORDINANCE ow. No..26'?.2 FINAL Draft April 7, 1997 City of Port Townsend 540 Water Street Port Townsend, WA 98368 Title 18 PTMC PORT TOWNSEND LAND DIVISION ORDINANCE Chapters: 18.04 18.08 18.12 18.16 18.18 18.20 18.24 General Provisions Lot Line Adjustments Short Subdivisions Full Subdivisions Subdivision and Recognition of Lots of Record Binding Site Plans Subdivision Development Standards Page 1 10 14 26 41 48 54 Chapter 18.04 GENERAL PRO VISIONS Sections: 18.04.010 18.04.020 18.04.030 18.04.040 18.04.050 18.04.060 18.04.070 Short title. General authority. Purpose. Scope - Exemptions. Undefined words and phrases. Def'mitions. Violation- Penalty. 18.04.010 Short title. The ordinance codified in this title, together with any amendments, shall be known as the "Port Townsend Land Division Ordinance." 18.04.020 General authority. The ordinance codified in this title is adopted under the authority of Chapters 35A.58 and 58.17 RCW. 18.04.030 Purpose. The purpose of this tire is to regulate the division of land lying within the corporate limits of the city of Port Townsend, and to promote the public health, safety, and general welfare in accordance with the standards established by the state of Washington and the city, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on sidewalks, pathways pedestriarrtv~, streets and highways; C. Promote the efficient use of land; D. Facilitate adequate provision for water, sewage, drainage, streets, schools, parks, recreational areas, and other public requirements with consistent engineering design standards that balance the initial capital costs of improvements with long term operation and maintenance costs; E. Require uniform monumenting of land divisions and conveyance of lots, tracts and parcels by accurate legal description; F. Facilitate the development of affordable housing in Port Townsend through the adoption of clear, predictable and uniformly applied land development regulations and through the expeditious processing of land development applications; and -1- 04/07/97 City Council FINAL DRAFT-Title 18 G. Implement the goals, objectives and policies of the Washington Growth Management Act and the Port Townsend Comprehensive Plan. 18.04.040 Scope -- Exemptions. A. This rifle applies to the division of land of up to nine parcels for short subdivisions, and of ten or more parcels for full subdivisions. This title further applies to boundary line adjustments and binding site plan review and regulation. B. Development of, and construction upon lots of record established through the subdivision process before the enactment of the Platting and Subdivision Act of 1937, Chapter 58.16 RCW, may occur only under the specific provisions set forth in this rifle, Chapter 18.18 PTMC. However, notwithstanding section 18.04.070 PTMC, this title shall not be construed to prohibit the transfer, purchase or sale of platted lots of record as defined in Section 18.04.060. C. Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions as set forth in this rifle. D. The process for resubdivision, alteration and vacation of any existing subdivision is identical to the process for initial subdivision. All such subdivision applications shall conform with the pertinent sections in this rifle governing the subdivision of property into lots, tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria set forth in RCW 58.17.212, as now adopted or hereafter amended. E. Where this rifle imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this title shall prevail. F. This title does not apply to the following: 1. Cemeteries and other burial plots while used for that purpose; 2. Divisions of land made by testamentary provisions or the laws of descent; 3. Divisions of land relating to the acquisition of land by public agencies, including, but not limited to, divisions made for road or public right-of-way conveyance or widening purposes. 18.04.050 Undef'med words and phrases. The definition of any word or phrase not listed in the definitions which is in question when administering this rifle shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows: -2- 04/07/97 City Council FINAL DRAFT-Title 18 1. Any city of Port Townsend resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master plan or program or other formally adopted land use plan; 2. Any statute or regulation of the state of Washington; 3. Legal definitions from Washington common law or a law dictionary; 4. The common dictionary. 18.04.060 Def'mitions. For the purpose of this title, certain words and terms used in this title are defined as follows: "Accumulative short subdivision" means multiple short subdivision of contiguous land under common ownership. Ownership for purposes of this section means ownership as established at the date of the initial short subdivision approval. Ownership by persons related by blood or marriage where an inter-family land conveyance has occurred within two years of making application for short subdivision approval shall be construed to be common ownership. "Alley" means a public thoroughfare or right-of-way which affords only a secondary means of access to abutting property. "Applicant" means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or authorized representative of such owner or owners. "Application" means all of the application forms, plans and accompanying documents required for any particular land division or lot line adjustment request. "BCD" means the city of Port Townsend building and community development department. "Binding site plan" means a drawing to appropriate scale which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city of Port Townsend; and (c) contains provisions requiring that any development be in conformity with the site plan. "Block" means a group of lots, tracts or parcels within well-defined and fixed boundaries. "Boundary line adjustment" shall have the same meaning as "lot line adjustment," meaning the relocation ami or other minor adjustment of the boundaries of a lot, in which the relocation does not result in the creation of any additional lot or lots. "Building envelope" refers to the buildable area of a lot after applicable setbacks, easements and other restrictions on the lot are taken into account. -3- 04/07/97 City Council FINAL DRAFT-Title 18 "CC&Rs" means covenants, conditions and restrictions by which the declarant or other party or parties executing the CC&Rs impose contractual obligations upon the present and future owners and assignees of real property. CC&Rs are connected with land or other real property, and run with the land, so that the grantee of such land is invested with and bound by the CC&Rs. CC&Rs include but are not limited to "declarations" for condominiums in accordance with Chapters 64.32 and 64.34 RCW. "Common open space" means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of the oublic_ ~--~u~-' j ..... ~ L~ of a ~.---'-u ~, ~J '---', ~ ~,,,--'--,. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision. "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded in accordance with Chapters 64.32 or 64.34 RCW. Condominiums are not confined to residential units, such as apartments, but also include offices and other types of space in commercial buildings. "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to the owner/dedicator 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. "Development permit" means any permit issued by the city of Port Townsend, allowing the physical alteration of real property including, but not limited to, building construction, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, short subdivision, or lot line adjustment is not considered a "development permit" for the purposes of this title. "Director," unless otherwise specified, means the directOr of the city's building and community development department ("BCD") or the director's designee. "DiviSion of land" means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by full subdivision or short Subdivision the~uu~,w~,~,,,'--'-' "Engineering design standards" is synonymous with "engineering standards" and means the citY's engineering, design and construction standards and specifications governing the construction of public and private improvements serving developments. The city's engineering d ig tand .... -' ..... ~ ................ : ....................... -' -~ '~ ..... ~"- amemlcd~,-m~ include the public works engineering design standards manual, standards for transportation facilities sh-cc;s/did roads in accordance With Title 12 PTMC and standards for -4- 04/07/97 City Council FINAL DRAFT-Title 18 clearing and grading, erosion control, stormwater facilities and water and sewer improvements as provided in Title 13 PTMC. "Fill" means any sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by humans. "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 rifle, and all other applicable codes and ordinances. "Homeowners association" means an incorporated nonprofit organization operating under recorded land agreements, including but not limited to CC&Rs, through which: 1. Each lot owner is automatically a member; 2. Each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining commonly owned property; and 3. A charge, if unpaid, becomes a lien against the real property. "Improvements" means the facilities and infrastructure of a land development, including but not limited to the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this rifle to be constructed in conjunction with any particular land division, as approved by the necessary city departments. "Land division" means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by full subdivision or short subdivision. "Lot" means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. a III~,~t, IUII~{J. [~)A.~ UI UIVIU~.Jk{ I~ZIJIU) ll~,Vlll~ IIA~,J. UUUIIUIZIJ. II~;~, UGIII~ UI ;~UIII%,~IUIIt. 4~1,1~.,4~ ~IIU UIIIIii>II)IUII "Lot, coruer" means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees. "Lot frontage" means the boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a private road, easement or access way. On an -5- 04/07/97 City Council FINAL DRAFT-Title 18 interior lot, it is the lot line abutting a street; or, on a pipestem (flag) lot, it is the interior lot line most parallel to and nearest the street from which access is obtained. On a comer lot the front yard shall be determined by the lmallml.v._9_~a~ dli-ec~i- ,,, ~,~ th~ y~,~ w.~,~.. ~,~, .... " .......... '-- pa~ _,, .._ _ 4, ......"--'- ~ .... On a "through lot," both street lines shall ~JIIIUlIII~ LU I[,ll~ i-ii ~..~1 I,IIU ~BJ~I.I~;~IIL IJl~.lt~ be deemed front lot lines. "Lot line adjustment" is synonymous with "boundary line adjustment," ~ relocation or other minor adjustment of the boundaries of a lot, in which the relocation does not result in the creation of any additional lot or lots...,,u-" j "Lot of record" means any 11~ lot or parcel of land shown on an officially recorded plat or short plat or a parcel of land officially recorded or registered as a unit of property and described by platted lot number or by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument first referencing the lot. The term "lot of record" as used herein does not imply that the lot conforms with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW and this Tire 18 PTMC. "Lot reofientafion' means a boundary line adjustment proposing ninety (90) degree lot line rotations to reposition no more than two lots such that no additional building site, lot, tract or parcel is created. "LOt reorientation" may include reorientafions of lots through rotational lot line adjustments less than 90 degrees so long as the director determines the proposed reorientation to conform with all criteria for boundary line adjustments. "Lot, pipestem' is synonymous With "flag lot" and means a lot not meeting minimum frontage requirements and where access to the public road is by a narrow private fight-of-way or driveway. "Lot, through" means a lot that has both ends fronting on a street; both ends shall be deemed front. "Meander line" means a line along a body of water intended to be used solely as a reference for surveying. "Nonconforming lot" means a lot of record in existence prior to the effective date of Chapter 17.88 PTMC and any amendments thereto which does not meet the minimum lot size and other requirements as set forth in the Zoning Code, Title 17 PTMC. For further e~planation, see Chapter 17.88 PTMC. "Panhandle" means an irregular extension or protrusion of a lot created for the purpose of providing such lot with frontage on a public or private street or access way. -6- 04/07/97 City Council FINAL DRAFT-Title 18 "Preliminary. approval" means the final action of the city granting approval to a short or full subdivision, subject to applicable conditions which must be fully satisfied prior to final "Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, lots, blocks and other elements of a subdivision consistent with the provisions of this title. "Private street" means a street that is not deeded to the city and is used for access to secondary lots which have no direct access to a public way. "Proof of ownership" means a photocopy of a recorded deed to property and/or a current title insurance policy insuring the status of an applicant as the owner in fee title to real property. Where proof of ownership is required by this rifle, the director shall have the discretion to require a current title insurance policy. "Public street" means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel. "Public way" means any publicly owned land set aside for utilities, surface transportation purposes, including vehicular, bicycle and pedestrian transportation, whether improved or not improved. "Public works director" means the city of Port Townsend public works director or his/her designee, and shall include without limitation the city engineer and the city deVelopment engineer. "Right of way" shall have the same meaning as "public way," "Roadway" means that portion of an approved street intended for the accommodation of vehicular traffic, generally between curb lines on an improved surface. "Short plat" means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county assessor, and containing all elements and requirements as set forth by this rifle. "Significant trees" means trees situated within opened or unopened public rights-of-way and defined as "significant" in title 12 PTMC. "Street" means a public or private thoroughfare or easement which affords primary means of access, For the purposes of this rifle, the definition of street includes all public and priVate utilities such as communication lines, cable televisiOn lines, electrical lines and equipment, gas -7- 04/07/97 City Council FINAL DRAFT-Title 18 distribution lines, storm water, water and sewer facilities, sidewalks, curb or gutter, and other similar facilities commonly found in street rights-of-way. "Subdivision" means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. "Subdivision, full" means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. "Subdivision, phased" means a subdivision which is developed in increments over a period of time. "Subdivision, short" means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. 18.04.070 Violation - penalties. A. Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to compliance with this ritle is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title is deemed a separate and distinct offense. If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of a short plat or full plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this Title, the offer or agreement does not violate any provision of this rifle. All payments on account of an offer or agreement conditioned as provided in this Title shall be deposited in an escrow account and no disbursement to sellers is permitted until the final plat is recorded. This prohibition of property transfers prior to compliance with this Title shall apply equally to transfers prior to completion of short subdivisions, full subdivisions and binding site plans. B. Chapter 20.10 Applicable. In addition to such penalties as provided herein, all violations of any provision of this title or any incorporated standards, or conditions of any permit issued hereunder, are made subject to the provisions of Chapter 20.10 PTMC. The director is authorized to enforce the provisions of this Title in accordance with Chapter 20.01 PTMC. -8- 04/07/97 City Council FINAL DRAFT-Title 18 C. Public Nuisance. All violations of this title and standards required thereby are determined to be detrimental to the public health, safety and welfare and are public nuisances. All conditions which are determined by the director to be in violation of this title or standards required thereby shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in Chapter 20.10 PTMC. D. Other Enforcement Action. In the event an applicant for a short subdivision or full subdivision fails and refuses to install required improvements in the time required by any preliminary or final approval, the city may withhold further building or other development permits, make demand against any bonds, collect monies deposited in escrow to secure installation of improvements, initiate a local improvement district, or take such other action as may be necessary to cause the improvements to be made. -9- 04/07/97 City Council FINAL DRAFT-Title 18 Chapter 18.08 LOT LINE ADJUSTMENTS Sections: 18.08.010 18.08.020 18.08.030 18.08.040 18.08.050 18.08.060 18.08.070 Scope. Application submittal and contents. Approval criteria. tlnnmdary-Lot line adjustment review process. Time limitation to record approved lot boundary line adjustment. Recording. 18.08.010 Purpose. The purpose of this chapter is to clearly delineate the criteria used by the city of Port Townsend to review boundary or lot line adjustments. Lot line adjustments provide a procedure for minor or insignificant changes in property lines. A lot line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a lot line, to remedy property use constraints caused by adverse topographical features, or to consolidate previously platted lots into a single parcel for purposes of development under circumstances where the director deems lot consolidation through restrictive covenants to be inadequate. A lot line adjustment does not apply to boundary changes that would result in increased development or density otherwise regulated by applicable city of Port Townsend land use codes and regulations, or to actions requiring the replat, amendment, alteration, or vacation of a plat or short subdivision. The adjustment must be consistent with all applicable zoning, health, building, or similar regulations. This Chapter is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. 18.08.020 Scope. The lot lines separating two lots of record may only be adjusted under the provisions of this chapter, except as provided under RCW 58.17.040, as now adopted or hereafter amended. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision requirements set forth in this title 18 PTMC. Provided that all requirements set forth in this chapter are met, lot line adjustments proposing lot reorientations shall be deemed to be minor in nature. 18.08.030 Application submittal and contents. To be considered complete, a lot line adjustment application shall include the following: A. Applications for lot line adjustments shall be made on forms provided by the city of Port Townsend BCD and shall be submitted to the department of BCD, along with the appropriate fees established by Chapter 20.09 PTMC; B. A completed land use permit application form, including all materials required pursuant to Section 20.01.100 PTMC; -10- 04/07/97 City Council FINAL DRAFT-Title 18 C. Three copies of a clean and legible drawing suitable for recording showing the following: 1. The proposed lines for all affected lots, indicated by bold solid lines; 2. The existing lot lines proposed to be changed, indicated by light broken lines; 3. The location and dimensions of all structures/improvements existing upon the affected lots and the distance between each such structure/improvements and the proposed lot/boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines; 4. The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.; 5. A north arrow and scale; 6. All parcel numbers of affected lots; 7. The location of the property as to quarter/quarter section; 8. The location and dimensions of any aJ~d easements within or adjacent to any affected lots; 9. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the affected lots; 10. The area and dimensions of each lot following the proposed adjustment; and 11. The existing and, if applicable, proposed future method of sewage disposal for each affected lot, including the location and dimensions of the proposed drainfield; 12. The location of all existing and proposed water, sewer and storm drainage facilities; D. For proposals including complex drawings or property descriptions, including but not limited to proposed lot reorientations, the director may require the drawing be done by a licensed surveyor; E. The drawing shall be attached to or include on the face, a formal legal declaration of the lot line adjustment, signed and notarized by all legal owners of the subject properties; F. A copy of any CC&Rs, deed restrictions or planned unit development agreement pertaining to or affecting the property; G. If onsite wastewater (septic tanks) disposal is proposed under the limited circumstances where city code does not require connection to the city's municipal sewer system, the applicant shall provide written verification from the Jefferson County Environmental Health Department that the site is ad~uate to accommodate an onsite sewage disposal system. -11- 04/07/97 City Council FINAL DRAFT-Title 18 18.08.040 Approval criteria. All public improvements installed for any lot line adjustment shall be in accordance with the city's engineering design standards. Lot line adjustments shall not: A. Create any additional building site, lot, tract, parcel, ~ or division; B. Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the city's zoning and land use and state and local health codes and regulations. This provision shall not be construed to require correction or remedy of pre-existing non- conformities or substandard conditions; C. Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site, or division; D. Create a~iy access eas¢iiient or Diminish or impair any public or private utility easement or deprive any parcel of access or utilities; E. Create unreasonably restrictive or hazardous access to the property; F. Increase the nonconforming aspects of an existing nonconforming lot relative to the city's zoning and land use regulations; G. Replat~ or vacate a plat or short subdivision, or revise or amend the conditions of approval of any full or short subdivision; or H. Amend the conditions of approval for previously platted property. 18.08.050 Lot line adjustment review process. A. Prior to approval, a proposed lot line adjustment shall be reviewed by the Jefferson County Assessor. The applicant shall pay all applicable fees for such review. B. Based on comments from the public works director, public health official, and other applicable agencies and departments, the director shall approve the proposed lot line adjustment only upon finding that the standards of PTMC 18.08.040 have been satisfied. -12- 04/07/97 City Council FINAL DRAFT-Title 18 C. An application for a lot line adjustment shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. If the applicant seeks a lot line adjustment which will result in a lot reorientation, the application shall be processed according to procedures for Type II land use decisions. 18.08.060 Time limitation to record approved lot line adjustment. The applicant shall submit all final documents for review and approval by the director within 90 days of approval of the application. If the final documents are not recorded within 90 days of approval, the lot line adjustment shall automatically become null and void. 18.08.070 Recording. A. Upon approval of the application, the director shall notify the applicant. The applicant shall then record with the Jefferson County auditor the certificate or document issued by the director indicating approval of the lot line adjustment, together with the legal document(s) transferring rifle, any applicable restrictive covenants, and the survey, if one was required and has not yet been recorded. B. A lot line adjustment does not become effective until the applicant has recorded the documents required for recording with the Jefferson County auditor. The applicant shall return one copy of each recorded document to BCD, which copy must bear the county auditor's stamp to verify recording. No building or other site development permits shall be granted until the applicant returns the copy of the recorded document to BCD. -13- 04/07/97 City Council FINAL DRAFT-Title 18 Chapter 18.12 SHORT SUBDIVISIONS Sections: 18.12.010 18.12.020 18.12.030 18.12.040 18.12.050 18.12.060 18.12.070 18.12.080 18.12.090 18.12.100 ~eA~eAA~ 18.12.170 18.12.180 18.12.190 Scope. Application submittal and contents. Preliminary short plat -- Preparation. Preliminary short plat -- Contents. Approval criteria. Short plat review process. Modifications to an approved preliminary short plat. Improvement method report. Public Works Director's certificate of improvements. Final short plat requirements. Accompanying documents -- final short plat. Final short plat approval. Time limitation on f'mal short plat submittal. Effect of an approved f'mal short plat -- Valid land use. Distribution of copies and filing of f'mal short plat. Transfer of ownership following short plat approval. Building and occupancy permits -- Issuance after f'mal short plat approval. Accumulative short plats. 18.12.010 Purpose. The procedures regulating short subdivisions are established to promote orderly and efficient division of lots on a small scale and to comply with the provisions of Chapter 58.17 RCW and all applicable zoning and land use codes and ordinances, as adopted by the city of Port Townsend. 18.12.020 Scope. Any land being divided into nine or fewer parcels, lots, tracts, or sites, and which land has not been divided in a short subdivision within the previous five years, shall meet the requirements of this chapter. The land approved for a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat. However, when a short plat contains fewer than nine parcels, the owner of the short plat may file an alteration within a five-year period to create up to nine lots within the boundaries of the original short plat, provided that the parcel is not held in common ownership with a contiguous parcel which has been subdivided within the preceding five years. -14- 04/07/97 City Council FINAL DRAFT-Title 18 18.12.030 Application submittal and contents. To be considered complete, the application for a short subdivision shall include the following: A. The application for approval of a short subdivision shall be submitted to BCD on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC. B. A completed land use permit application form, including all materials required pursuant to Section 20.01.100 PTMC, and including any application submittal requirements under chapter 19.05 PTMC ("Environmentally Sensitive Areas"); C. A sworn certification by the applicant verifying whether the applicant has any interest in any land within 200 feet of any portion of the subject property. Such interest in land may be by reason of ownership, contract for purchase by agreement or option by any person, family member, firm or corporation in any manner connected with the applicant or the development; D. The dimensions and area of each proposed lot or parcel to accurately show that each lot or parcel contains sufficient area to satisfy minimum zoning and health requirements. The area of land contained in access easements, access panhandles or pipe stem configurations shall not be included in the lot size computations; · E. Five paper copies of a preliminary short plat meeting the standards of PTMC 18.12.040 and 18.12.050; F. Where site conditions require geologic gt~e. gtm.¢~ analysis to assess or address any probable significant adverse environmental impacts, including environmentally sensitive area conditions, a geotechnical report or study prepared by a competent geologist or geological engineer or other similar professional may be required if deemed necessary by the public works director or the director; G. The applicant shall submit a stormwater ~ eontrcr} plan in conformance with the requirements of Chapter 13.32 ~ PTMC, including any soil test information as may be deemed necessary by the public works director; H. The applicant shall state the estimated quantities of any fill to be exported from the site and im~r~rted to the site; Hr. I. Where an applicant seeks approval of a small-scale short subdivision, including but not limited to proposals seeking division of property into four or fewer lots, the director shall have the discretion and authority to waive certain application requirements, so long as adequate information is submitted to fulfill all requirements in accordance with all applicable local, state and federal laws, including but not limited to Chapter 58.17 RCW and Chapter 43.21C RCW (SEPA). 04/07/97 City Council FINAL DRAleT-Title 18 - 15- 18.12.040 Preliminary short plat -- Preparation. The preliminary short plat shall be prepared in accordance with the following requirements: A. The preliminary short plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the State of Washington. The preparer shall certify on the short plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable BCD the city to locate and appraise features of the short plat in the field. The datum to be used for all surveying and mat)ping shall be as follows: The projection name is the state plane; the projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone; and the horizontal datum is NAD 83. B. All geographic information portrayed by the preliminary short plat shall be accurate, legible and drawn to a~a cnglneerlngtu~--,-j: .... "scale. ~"--·.~ a horizontal scale of a-pre-limim~ plat-shall-be 50 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale. C. A preliminary short plat shall be 18 inches by 24 inches in size, allowing one-half inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if anY) shall be provided. F-ach sheet, including the index sheet, shall be of the above specified size. ~ ~ ...... ~ ............ '---[ If ........ ' .............. : ...... '- ~ --- '-- ~ .... ~ ....' ..... '~-- the IW l~g ~1 IUWGI LO [IIG 111~11, IIIUIG Lll~l UIIU 5ll~g 15 I~HII~U9 ~11 IIIUUA 311~[ ~IIUWIII[ ~IUViU$, ~11 BII~tm lll~lUUlli[ tllU IIIUGA Bii~tm 311~1 UU UI [li~ ~UUVU ~1115 E, The ~m of ~ch pro~ lot or p~cel depict~ on the sho~ plat map sh~l accurately show ~at tach lot or p~l con,ns sufficient ~m to ~tisfy minimum zoning ~d h~th r~uirements. The ~m of l~d con~n~ in access msements, access p~h~dles or pi~ stem configurations sh~l not be includ~ in the lot size compu~tions. 18.12.050 Preliminary short plat - Contents. A. A preliminary short plat shall be submitted on one or more sheets and shall provide the following information. All specifications for public improvements shall conform with the engineering design standards: 1. The name of the proposed subdivision together with the words "Preliminary Short Plat;" 04/07/97 City Council FINAL DRAFT-Title 18 -16= 2. The name and address of the applicant; 3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat; 4. Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of preparation;/aid 5. Identification of all land intended to be cleared, and the location of the proposed access to the site for clearing and grading during site development or construction; and ~5 6. A form for the endorsement of the director of BCD, as follows: APPROVED BY CITY OF PORT TOWNSEND Building & Community Development Director Date B. The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major mamrrade constructed and natural features~.,,l-'--" appea~- on ~,l~ ~,~.,..,~ ~,~,~. C. Except as otherwise specified in this chapter, the preliminary short plat shall contain the following EXISTING geographic features, drawn lightly in relation to proposed geographic features: 1. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines; 2. The names of all adjoining property owners, or names of adjoining developers; 3. All existing property lines lying within the proposed subdivision, including lot lines for lots of record which are to be vacated, -~-" be .........iii u~ut~cn ,,,,~, ~.mi~.u,~. and all existing property lines for any property lying within 200 feet of the subject property to be subdivided ..... '~"-'- "'~' -~' ................... '~- - - -"~ .......... ~ hip us w~tm. ~uu f~.~t u~ tn~ FlUlJ~ty ~ynsl;, aujavcnt tu m~u which is under the same owners as the property to be subdivided (as described in section 18.12.030(C)) shall be shown in broken lines; 4. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within 200 feet of the property to be subdivided; 5. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision; 6. The location, size and invert elevations of sanitary sewer lines and storm water management facilities lying within or adjacent to the proposed subdivision or those which will be connected to as part of the proposed subdivision; 7. The location and size of existing water system facilities including all fire hydrants lying within or adjacent to the proposed subdivision or those which will be connected to as part of the proposed subdivision; 04/07/97 City Council FINAL DRAFT-Title 18 -17- 8. The location, size and description of any other underground and overhead facilities lying within or adjacent to the proposed subdivision; 9. The location of any environmentally sensitive areas as described in chapter 19.05 PTMC, including all flood plains, lying within or adjacent to the proposed subdivision; 10. The location, size and description of all ~ trees as defined in section 18.04.060 PTMC lying within existing public rights-of-way to be improved within or adjacent to the proposed subdivision; 11. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed subdivision; 12. The location of any well used ,%r doiiies~i¢ W&~ei- supply existing within the posed bdi i ..... '"-'-- ""'" fee' -" .............. '-- -" .... ed - -'- ":-':-:- · pro su v sion ,,, 13, Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Existing li ..... '-'- --"" '- ........ ""- ..... '- ~-"' ............... ' .... '--" be '---'-' .... -' '---'---' .... llllUi~ [IUItll bUIILU[II Ulllli~ i~lll~l, ll Uli3 IIIUI~I,L~..4.1 U.y i21tJllU 1111131~, ~ IJIU¥1U[TAJ Oy ~UU~F.A~IJ. UII 1.~ UI Llll~ ~.U~,lV. ,..,,.[~,u, ..,~ shall be labeled at intervalsnot to exceed 20 feet,,~,u----' ~.,~,-~--" be based, ~,,~m,.. If applicable, indicate slopes equal to or greater than 15 to 25 percent; equal to or greater than 26 to 39 percent, and equal to or greater than 40 percent, by shading or color; 14. The location of any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines. D. The preliminary plat shall shoW the following PROPOSED geographic features: 1. The boundaries in bold solid lines of all proposed lots, the area and dimensions of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block; 2. The right-of-way location and width, the proposed name of each street, alley, or other public way to be created and ---~--- ~--' street .... ~-- ,u~ L,, ~^~-.~ ~u the estimated tentative grades of such streets. Where roadways may exceed the maximum allowable grade or alignment, the public works director may require sufficient data, including centefline profiles and cross-sections if necessary, to determine the feasibility of said roadway; 3. The location, width and purpose of each easement to be created; 4. The boundaries, dimensions and area of public and common park and open space arms; 5. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication; 6. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final by contours shall be indicated solid lines .... :-':-- ~.umm,,~ ,~.,,.,, are [u bea,,~,.~,-' ........... ~.,m be ,.uw. oy u~u~...~,, ,~ v,u~,u~ uy ~uo,~[,u. ,..o m ,,, ~uulu. Contour lines shall be labeled in intervals not to exceed 20 feet, ~,,,~, u, based upon .....uo~Jo & ......... a/id -'--" '18- 04/07/97 City Council FINAL DRAFT-Title 18 7. The building envelopes, as defined in PTMC 18.04.060, shall be indicated for each lot; 8. Proposed monumentation; 9. Proposed location and description of ail water system improvements, including ail proposed fire hydrants; 10. Proposed location and description of ail sewer system improvements, including profiles, and if needed, all pump stations and their connections to the existing system; 11. Proposed location and description of all storm water management system improvements; 12. TTffieat Proposed street cross-sections, showing proposed bicycle ~ and pedestrian pathways and paths/sidewaiks 13. Proposed type and location of street lighting (if applicable); 14. Proposed 15. Proposed 16. Proposed 17. Proposed type and location of landscaping (if applicable); location and typical cross-section of trails (if applicable); location and description of transit stops and shelters (if applicable); restrictions or conditions on development (if applicable); E. Upon review of an application, the director and/or public works director may require additionai pertinent information as needed to satisfy any regulatory requirements. 18.12.060 Approval criteria. In addition to the review criteria provided in Chapter 20.01 PTMC, the following criteria are the minimum measures by which each proposed short subdivision will be considered: A. Short subdivisions shail be given preliminary approvai, including preliminary approvai subject to conditions, upon finding by the director that ail of the following have been satisfied: 1. The proposed subdivision conforms to ail applicable city, state and federai zoning, land use, environmental and health regulations and plans, including but not limited to the following: a. Port Townsend Comprehensive Plan; b. Port Townsend Zoning Code; c. Engineering design standards; d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC); 2. Utilities and other public services necessary to serve the needs of the proposed subdivision shall be made available, including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewaiks and other improvements that assure safe waiking conditions for students who waik to and from school; 3. The probable significant adverse environmental impacts of the proposed short subdivision, together with any practicai means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quaiity of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW; -19- 04/07/97 City Council FINAL DRAFT-Title 18 4. Approving the proposed subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare. B. Notwithstanding approval criteria set forth in subsection A, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the preliminary plat unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until flood control problems have been resolved. 18.12.070 Short plat review process. A. An application for a short subdivision shall be processed according to the procedures for Type H land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. B. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary. C. Based on comments from city departments and applicable agencies and other information, the director shall review the proposal subject to the criteria of PTMC 18.12.060. A proposed short plat shall only be approved when consistent with all the provisions of PTMC 18.12.060. D. An applicant for a short subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. 18.12.080 Modifications to an approved preliminary short plat. A. Minor modifications to a previously approved preliminary short plat, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Before approving such amendment, the director shall make written finding and conclusions that the following exist: 1. The modification will not be inconsistent or cause the short subdivision to be inconsistent with the decision of the city preliminarily approving the application; -20- 04/07/97 City Council FINAL DRAFT-Title 18 2. The modification will not cause the short subdivision to violate any applicable city policy or regulation; 3. A short subdivisiOn may be modified only if the intent of its original conditions is not altered. B. Modifications Which exceed the criteria above shall be processed as a new preliminary short plat application. 18.12.090 Improvement method report. .......... '--': ........ oposl g ~- ............... Follo i g p liminary plat app al and approval of all plans and prior to submission of a final plat for the director's approval, the applicant shall submit to the director, three copies of a report describing the method by which the applicant proposes to carry out the minimum improvements required and the time period within which such improvements will be completed. The applicant shall submit all design and construction drawings re~.uired in conformance with the engineering design standardS. This improvement method report shall be signed by the applicant and be accompanied by any applicable proposed performance guarantees. Th~ director shall transmit two copies of the improvement method report with all drawings and other submittals to the public works director · 11. 1:~ LIIU IIILUIIL UI LIII~il~g;;~.,I. IUll tllO.~ IUI;~IIUIL ;~LIUI. II¥131UIIi~ UI IULII UI l~;>ln/~l lULl, OJl UI tllU I~UII$ lllllJIUYK>lll~llt~ 3110Jl UK> ,ng, ttlanll~ bOll~tiU~,L~,A.l tJIIUI [U 11110.1 IJltlt a~lJIJIU¥O,l. I'UI }IIUI[ ~tll./Lll¥1;~lOll~ UI11¥5 UI IIIUIK~ IU[-'n, Il. 1~LIIK> lllgg~lll. UI LIII~3~..A.,klUII I. llglL 0..11 UI O. ~LIIJ~LI:iJILIOJ. ~J~./II. IUII ,.u, muu,.,~.u p,,u, ,,, l,.,u l.,i.., .,pp,,,,,u. Improvements may be made or guaranteed by either of the following methods, subject to thc discretion and approval of the director: A. By actual installation and approval of all improvements in accordance with the preliminary plat, city engineering design standards, and approved construction drawings. Actual construction of improvements is mandatory for short subdivision of four or fewer lots; or B, By furnishing to the city a plat or subdivision bond or cash deposit in escrow for the full cost of the improvements, or other security satisfactory to the director, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided by plans submitted and approved and in accordance with city engineering design standards/aid spozificafions, and under the supervision of the public works director. The amount of the performance bond or other security shall be 120 percent of the estimated cost for the city to contract for construction of the improvements as determined by the public works director, and shall be of a duration in accordance with the engineering design standards as u~L~,,.,,,.,, ~,y ,,,~ t,u~,-,~ ,~,~,-~ ,~,~,o,. If the phased installation of improvements is proposed, the improvement method report shall describe the proposed phasing, the timing for construction, and proposed methods of guaranteeing and assuring the city that adequate installation of improvements will occur in conformance with the phasing schedule. -21- 04/07/97 City Council FINAL DRAFT-Title 18 18.12.100 Public works director's certificate of improvements. lll~, Llll~gkJl ~ll~l LlgglI~III/IL tWO l,~J}/IGi~ IsY! tlIIG IIII~JX~/¥GIIIGIIL III~LIII~ I~lg t~ LIIG ~/l&tJll~VVkJI-I%~ dircetcn~--. No permit for the construction of improvements within an approved subdivision shall be issued by the city until the improvement method report, all construction drawings, proposed performance guarantees, and other submittals in conformance with the engineering design stand,ds s~-trcvl~y-tr~ have been received and approved by the public works director. All construction of improvements shall be ins_~cted and approved in conformance with the engineering design standards. After completion of all required improvements or the guarantee of the construction of all required improvements, the public works director shall submit a certificate in triplicate duplicate to the director stating the required improvements ~ are in accordance with the provisions of this chapter, the preliminary short plat, including the city's decision approving the short plat, and in accordance with city's engineering design standards &~d specifications. The director shall transmit one copy of the certification to the subdivider, together with a notice advising the subdivider to prepare a final plat for the proposed short subdivision. One copy of the certificate shall be retained by the director. U~I~II~ ~11~11 ~ IO~UGU ~ ~ IUt Ui ~ibgl WlUilII fill ~iUVUU OUUUlVI~IUII U~I~II~ ~11 ~ l~O~ tut ~ IUL Ut ~tb~l ~l~ltll 411 ~tUV~ ~VI~IUtl ~ll~l ~l~l~t. ~11~ ilo ~1~ a~ a ~lO~tl~ ~ ~111 Ut ~al~ tut O~bll IIII~IU~¢III~IIB~ 3 ............................... p bli o ....................................................... ~ d lllgi ilg~Uil lliU G~IUV~i Ui iii I~IUU IiiI~IUVUIIIUII~ ~illgil ~lli 18.12.110 Final short plat requirements. The applicant must submit a reproducible copy, plus three par>er copies of the proposed final short plat to the director. The reproducible copy of the approved final short plat will contain the elements as described in 18.12.050 PTMC and shall include certifications and other requirements as provided in Section 18.16.120 PTMC for full plats. 18.12.120 Accompanying documents -- final short plat. A. In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a subdivision, a typewritten copy of such covenants, bearing all necessary signatures, shall be submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of preliminary plat approval, the director shall approve and sign the deed restriction or CC&Rs prior to final plat approval. -22- 04/07/97 City Council FINAL DRAFT-Title 18 B. The final plat shall be accompanied by a current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be subdivided; 2. Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plat prior to final approval; 3. Any lands to be dedicated shall be confirmed as being owned in fee tire by the owner(s) signing the dedication certificate; 4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor's file number and/or recording number; and 5. If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the public works director. C. All maintenance, performance and guarantee bonds or other guarantees as may be required by the public works director in accordance with titles 12 and 13 PTMC and the approved improvement method report to guarantee the acceptability and/or performance of all public improvements. 18.12.130 Final short plat approval. The final short plat shall be approved by the director upon satisfaction of all conditions of approval and all requirements as provided in this section and Chapter 18.24 PTMC. Final approval of short plats by the city council shall not be required. All final short plats shall be approved, disapproved or returned to the applicant within 30 days of their filing, unless the applicant consents to an extension of time in writing. 18.12.140 Time limitation on final short plat submittal. Approval of a preliminary short plat shall expire unless the applicant submits a proposed final plat in proper form for final approval within one two years after preliminary approval,.,--tmlc~s ~.~.~,,, ~ ~,,~ .~ ~.,,,~,~ ,~ ~,~,, ~,,~ one-v~- extension. BCD sh~l not be res~nsible for notifying the applic~t of ~ im~nding expiration. 18.12.150 Effect of an approved f'mal short plat -- Valid land use. Any lots in a final short plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five (5) years from the date of filing. A short subdivision shall be governed by the terms of approval of the final short plat, and the statutes, ordinances and regulations in effect on the date of preliminary plat approval for a period of five (5) years after final short plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside the short subdivision. -23- 04/07/97 City Council FINAL DRAFT-Title 18 18.12.160 Distribution of copies and f'ding of f'mal short plat. The director shall distribute the original and copies of the approved final short plat as follows: A. The original shall be returned to the applicant to be forwarded to the County Auditor for filing; B. Prior to the issuance of any building permits, one recorded reproducible copy shall be transmitted to the public works director; C. One recorded paper copy shall be retained in the files of the BCD department; and D. One recorded paper copy shall be provided to the building official for assignment of addresses. 18.12.170 Transfer of ownership following short plat approval. Whenever any parcel of land lying within the city is divided under the provisions of this chapter relating to short subdivision, no person, firm, or corporation shall sell or transfer any such lot, tract, or parcel without having first received final approval of the short plat and having recorded the final short plat with the Jefferson County Auditor. It is the responsibility of the applicant to ensure that a final short plat is fully certified and filed for record with the Jefferson County Assessor prior to transferring ownership of any land. 18.12.180 Building and occupancy permits -- Issuance after final short plat approval. A. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved short subdivision prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exists. B. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved short subdivision until either-the applicant complies with the improvement method report, all requirements of the public works department's certificate of improvements, and all requirements of the final plat approval. tiiU ~it~ ~ a~tDU ~ ~tU}~tI~ UAUk~tlti~tl UiZi Ut ~IU tut OU~ii ilii~tUVUiIiUii~) ~1 IU~IIUU lfll~iUVUiliUil~ ilVU ~Uil $i1U$ Oi- UalUi J, ~1 flll~iUVUiliUilt UUIIU Iii ~ii liiiUUllt ~UU~1 iii ~IU UU~illillgUUii Ui ¢i~ ~UUII9 ~Ulg -24- 04/07/97 City Council FINAL DRAFT-Title 18 C. No occupancy permit for a structure other than a temporary contractor's office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the public works director and city building official. 18.12.190 Accumulative short plats. Accumulative short plats are not permitted. The short subdivision process may not be utilized to apply for a series of short plats within two years from any application; thereby circumventing the full subdivision procedures. 04/07/97 City Council FINAL DRAFT-Title 18 -25- Chapter 18.16 FULL SUBDIVISIONS SectiOns: 18.16.010 18.16.020 18.16.030 18.16.040 18.16.050 18.16.060 18.16.070 18.16.080 18.16.090 18.16.100 18.16.110 18.16.120 18.16.130 18.16.140 18.16.150 18.16.160 18.16.170 18.16.180 18.16.190 Purpose. Scope. Application submittal and contents. Preliminary plat -- preparation. Preliminary plat -- contents. Approval criteria. Preliminary plat review process. Preliminary plat approval -- Phased development. Modifications to an approved preliminary plat. Improvement method report. Public works director's certificate of improvements. Preparation of a f'mal plat. Accompanying docmnents -- final plat. Final plat application. Time limitation on f'mal plat submittal. Effect of an approved final plat -- Valid land use. Distribution of copies and filing of f'mal plat. Tra ,nsfer of ownership following final plat approval. Building and occupancy permits -- Issuance after final plat approval. 18.16.010 Purpose. The procedures regulating full subdivisions are established to promote orderly and efficient division of land into ten or more lots and to comply with the provisions of Chapter RCW 58.17 and all applicable codes and ordinances, as adopted by the city of Port Townsend. 18.16.020 Scope. Full subdivisions, as processed under this chapter, shall include all divisions of land into ten or more lots, and shall require improvements so that any development will be in compliance with city of Port Townsend zoning code (Title 17 PTMC), and any other codes or ordinances which may apply. 18.16.030 ApplicatiOn submittal and contents. To be conSidered complete, the application for a full subdivision shall include the following: A. The application for approval of a fill full subdivision shall be submitted to BCD on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC. -26- 04/07/97 City Council FINAL DRAFT-Title 18 B. A completed land use permit application form, including all materials required pursuant to Section 20.01.100 PTMC: and including any application submittal requirements under chapter 19.05 PTMC ("Environmentally Sensitive Areas"); C. The area and dimensions of each proposed lot or parcel to accurately show that each lot or parcel contains sufficient area to satisfy minimum zoning and health requirements. The area of land contained in access easements, access panhandles or pipe stem configurations shall not be included in the lot size computations; D. Five paper copies of a preliminary plat meeting the standards and requirements of PTMC 18.16.040 and 18.16.050; E. Where site conditions require ~ geologic analysis to assess or address any probable significant adverse environmental impacts, including environmentally sensitive area conditions, a geotechnical report or study prepared by a competent geologist or geological engineer or other similar professional may be required if deemed necessary by the public works director or the director; F. The applicant shall submit a stormwater flxaiaagt c-ontmt-plan in conformance with the requirements of chapter 13.32 16.12 PTMC, including any soil test information as may be deemed necessary by the public works director, and. G. The applicant shall state the estimated quantities of any fill to be exported from the site and imported to the site. 18.16.040 Preliminary plat -- Preparation. The preliminary plat shall be prepared in accordance with the following requirements: A. The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the State of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed, The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable BCD the city to locate and appraise features of the short plat in the field. The datum to be used for all surveying and mapping shall be as follows: The projection name is the state plane; the projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone; and the horizontal datum is NAD 83. B. All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to iai engineering .... -' .... ' .... ' .... a horizontal scale of a b~ 50 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale. -27- 04/07/97 City Council FINAL DRAFT-Title 18 C. A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to Other map submittals, the applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size. IW 1~[ ~1 I~W¢I tO gll~ 111~11. 11 111~1~ ~11~1 ~11~ ~11[~ 1~ 1~11~ ~1 Ill. GA ~11[[ ~IIOWIII[ ~11~ E. The ~m of tach pro~ lot or p~cel depict~ on the sho~ plat map sh~l accurately show ~at tach lot or p~l con,ns sufficient ~m m ~fisfy minimum tuning ~d h~th r~uirements. The ~m of l~d conmin~ in access msements, access p~h~dles or pipe stem configurations sh~l not be includ~ in the lot size comPutations. 18.16.050 Preliminary plat -- Contents. A. A preliminary plat shall be submitted on one or more sheets and shall provide the following information. All specifications for public improvements shall conform with the engineering design standards: 1. The name of the proposed subdivision together with the words "Preliminary Plat;" 2. The name and address of the applicant; 3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat; 4. Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of preparation; a~id 5. Identification of all land intended to be cleared, and the location of the proposed access to the site for clearing and grading during site development and construction; and 6 5. A form for the endorsement of the director of BCD, as follows: APPROVED BY CITY OF PORT TOWNSEND Building & Community Development Director Date B. The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural featuresi~IlOsJ-l-l--11 ~p~l-- Oii [hZ .... 1-'_-! ....... 1-, }Jl ~>iil llilli:i.l dV _l, JilJ.[, -28- 04/07/97 City Council FINAL DRAFT-Title 18 C. Except as otherwise specified in this chapter, the preliminary plat shall contain the following EXISTING geographic features, drawn lightly in relation to proposed geographic features: 1. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines; 2. The names of all adjoining property owners, or names of adjoining developers; 3. All existing property lines lying within the proposed subdivision, including lot lines for lots of record which are to be vacated,~.,m" be ~.Lt,~.-'- ir, o,u~.~, ll.~, and all existing property lines for any property lying within 200 feet of the subject property LLt ..... '"-'- ~'~'^ ~' .................... : .... -': .......... -' which is under the same ownership as the property to be subdivided (as described in section 18.12.030(C)) shall be shown in broken lines; 4. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within 200 feet of the property to be subdivided; 5. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision; 6. The location, size and invert elevations of sanitary sewer lines and storm water management facilities lying within or adjacent to the proposed subdivision or those which will be connected to as part of the proposed subdivision; 7. The location and size of existing water system facilities including all fire hydrants lying within or adjacent to the proposed subdivision or those which will be connected to as part of the proposed subdivision; 8. The location, size and description of any other underground and overhead facilities lying within or adjacent to the proposed subdivision; 9. The location of any environmentally sensitive areas as described in chapter 19.05 PTMC, including all flood plains, lying within or adjacent to the proposed subdivision; 10. The location, size and description of all aigaiflca~ trees as defined in section 18.04.060 PTMC lying within existing public rights-of-way to be improved within or adjacent to the proposed subdivision; 11. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed subdivision; 12. The location of any well used for don1¢stic water supply existing within the proposed subdivision ..... :"-'- """ feet - ~' "- - L ..... ~ _ _, _ _ _ ~,., .......... ~ _._~_ ~:_., _: .... 13. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Existing contour lines __.L,_L ___,, ~-_ _, .... ~" ...... '- ~"~' ............. '-- -'--" be '-- j'~ ~,~Lt,,~, ,-.Lt.~Ltm l,,~ shall be labeled at intervals not to exceed 20 feet, ,m,~ m,Lt- ,oo,oo Ltl ,_,o,_. ,.,,. ,.,o ,~,~[~.,. If applicable, indicate slopes equal to or greater than 25 percent; equal to or greater than 26 to 39 percent, and equal to or greater than 40 percent, by shading or color; -29- 04/07/97 City Council FINAL DRAFT-Title 18 14. The location of any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indiCated by solid lines. D. The preliminary plat shall show the following PROPOSED geographic features: 1. The boundaries in bold solid lines of all proposed lots, the area and dimensions of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block; 2. The right-of-way location and width, the proposed name of each street, alley, or other public way to be created and ---'-,~,~ .... ~-,,,,~-' ~,,~ grades ,~ .,,~,y ~, exceed ,.,., the estimated tentative grades of such streets. Where roadways may exceed the maximum ~ grade or alignment, the public works director may require sufficient data, including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway; 3. The location, width and purpose of each easement to be created; 4. The boundaries, dimensions and area of public and common park and open space areas; 5. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication; 6. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indiCated solid linest*.,~u,,~;:-"~-- ,.,_,,,~,,,,,~ ,~,,,.. a~-e ,., be,m,,~ ~.,~ be ~.,u,,. o~, o,,.,,.,...,~, ..~ t,,,,,,u~ ~,j, ~,o~,.,.~,,,,, ,..o ,., ,,l~ ~.,-.,,,-,,u. Contour lines shall be labeled in intervals not to exceed 20 feet, ~.~, ut ,,,~-~., ~,t~,,, ,-,o'.-,o &uo uatUl,, aiid b ~'-~' .........: .... ~ ....... , ......................... p opo ed ............ featu ~; 7. The building envelopes, as defined in PTMC 18.04.060, shall be indicated for each lot; 8. Proposed monumentation; 9. Proposed location and description of all water system improvements, including all proposed fire hydrants; 10. Proposed location and description of all sewer system improvements, including profiles, and if needed, all pump stations and their connections to the existing system; 11. Proposed location and description of all storm water management system improvements; 12. ~ Proposed street cross-sections, showing proposed bicycle ~ and pedestrian pathways and pati~s~sidewalks (if applicable); 13. 14. 15. 16. 17. Proposed type and location of street lighting (if applicable); Proposed type and location of landscaping (if applicable); Proposed location and typical cross-section of trails (if applicable); Proposed location and description of transit stops and shelters (if applicable'); Proposed restrictions or conditions on development (if applicable); -30- 04/07/97 City Council FINAL DRAFT-Title 18 E. Upon review of an application, the director and/or public works director may require additional pertinent information as needed to satisfy any regulatory requirements. 18.16.060 Approval criteria. In addition to the review criteria provided in Chapter 20.01 PTMC, the following criteria are the minimum measures by which each proposed short subdivision will be considered: A. Full subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the city that all of the following have been satisfied: 1. The proposed subdivision conforms to all applicable city, state and federal zoning, land use, environmental and health regulations and plans, including but not limited to the following: a. Port Townsend Comprehensive Plan; b. Port Townsend Zoning Code; c. Engineering design standards; d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC); 2. Utilities and other public services necessary to serve the needs of the proposed subdivision shall be made available, including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other improvements that assure safe walking conditions for students who walk to and from school; 3. The probable significant adverse environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW; 4. Approving the proposed subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare. B. Notwithstanding approval criteria set forth in subsection A, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the preliminary plat unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until flood control problems have been resolved. 18.16.070 Preliminary plat review process. A. An application for a full subdivision shall be processed according to the procedures for Type 11I land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. -31- 04/07/97 City Council FINAL DRAFT-Title 18 B. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions, if the proposal is within one mile of another city or jurisdiction, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary. C. Based on comments from city departments and applicable agencies and other information, the city shall review the application subject to the criteria of PTMC 18.16.060. A proposed full subdivision shall only be approved when consistent with all the provisions of PTMC 18.16.060. D. An applicant for a full subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. 18.16.080 Preliminary plat approval -- Phased development. Where subdivision development is proposed in distinct phases, preliminary plat approval must be granted for the entire subdivision. The plat map must delineate the separate divisions or phases which are to be developed in increments. The preliminary plat approval is conditional upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat. Any changes in the development proposal or sequence of phased development after preliminary approval will require approval in accordance with PTMC section 18.16.070. 18.16.090 Modifications to an approved preliminary plat. A. Minor modifications to a previously approved preliminary plat, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Before approving such amendment, the director shall make written findings and conclusions that the following exist: 1. The modification will not be inconsistent or cause the subdivision to be inconsistent with the findings, conclusions, and decision of the city approving the subdivision; 2. The modification will not cause the subdivision to violate any applicable city policy or regulation; 3. A subdivision may be modified only if the intent of its original conditions is not altered. B. Modifications which exceed the criteria above shall be processed as a new preliminary plat application. -32- 04/07/97 City Council FII'qAL DRAFT-Title 18 18.16.100 Improvement method report. Following preliminary plat approval and approval of all plans and prior to submission of a final plat for the director's approval, the applicant shall submit to the director, three copies of a report describing the method by which the applicant proposes to carr--y out the minimum improvements required and the time period within which such improvements will be completed. The a_~nlicant shall submit all design and construction drawings required in conformance with the engineering design standards. This improvement method report shall be signed by the applicant and be accompanied by any applicable proposed performance guarantees. The director shall transmit two copies of the improvement method report with all drawim, s and other submittals to the oublic works director, it ..... : ........ ~' "-: ..... ' .... '--' OA[I Ul ti i~LllJi~t~lJILltll [J~ILII, JII ~Jl I~LIII~.A.I. IIIIIJI~J¥~;;IIIGIIL~, ~l~ i..i~;L~iiiiiii~AJ. IJy tll~; ~JLllJll~.e Wl. JII~.O or guaranteed by either of the following methods, subject to the discretion and approval of the director: A. By actual installation and approval of all improvements in accordance with the preliminary plat, city engineering design standards, and approved Construction drawings; or B. By the formation of a local improvement district consistent with the provisions of applicable requirements of the city and the State and by requiring the imposition of covenants as a condition of final plat approval requiring that purchasers of any lots waive any protest to the formation and implementation of a local improvement district; C. By actually installing the minimum improvements as provided by the local improvement district laws of the state and the city, and in accordance with city standards and specifications and under the supervision of the public works director; D. By furnishing to the city a plat or subdivision bond or cash deposit in escrow for the full cost of the improvements, or other security satisfactory to the director, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided by plans submitted and approved and in accordance with city engineering design standards and specifications, and under the supervision of the public works director. The amount of the performance bond or other security shall be 120 percent of the estimated cost for the city to contract for construction of the improvements as determined by the public works director, and shall be of a duration in accordance with the engineering design standards, as u~.,t,,r.~ uy u,~ l-,uo-~, wu~ u.~tm. If the phased installation of improvements is proposed, the improvement method report shall describe the proposed phasing, the timing for construction, and pro~oosed methods of guaranteeing and assuring the city that adequate installation of improvements will occur in conformance with the phasing schedule. E. By a combination of these methods. -33- 04/07/97 City Council FINAL DRAFT-Title 18 18.16.110 Public works director's certificate of improvements. d~.No permit for the construction of improvements within an approved subdivision shall be issued by the city until the improvement method report, all construction drawings, proposed performance guarantees., and other submittals in conformance with the engineering design stand,ds su~l'~:opy~ have been received and approved by the public works director. All construction of improvements shall be inspected and approved in conformance with the engineering design standards. After completion of all required improvements or the guarantee of the construction of all required improvements, the public works director shall submit a certificate in ~ dup~ to the director stating the required improvements OLgI~ are in accordance with the provisions of this chapter, the preliminary s~ plat, including the city's decision approving the short plat, and in accordance with city's engineering design standards a~id sp~ificatlons. The director shall transmit one copy of the certification to the subdivider, together with a notice advising the subdivider to prepare a final plat for the proposed shcn't subdivision. One copy of the certificate shall be retained by the director. 18.16.120 Preparation of a f'mal plat. The final plat shall be prepared in accordance with the following requirements: A. The final plat shall be prepared by a land surveyor licensed by the state of Washington or a Washington State licensed engineer. B. The final plat shall be submitted as a reproducible drawing prepared on Mylar, measuring 18 inches by 24 inches in size, allowing one-half inch for border. C. A final plat shall contain the following information: plat; 1. The name of the subdivision; 2. Legal description of the property being subdivided; 3. Numeric scale, graphic scale, true north point and date of preparation of the final 4. The lot line of the plat, referenced to city (USC & GS) datum and based on an accurate traverse, with angular and linear dimensions and beatings; 5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; 6. The exact location, width and purpose of all easements and dedications for rights- of-way provided for public and private services and utilities; 7. True courses and distances to the nearest established street lines, or sections or quarter section corner monuments which shall accurately locate the subdivision; 8. Section lines accurately tied to the lines of the plat by distances and courses; 9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; 10. All house address numbers as assigned by the city; 11. Delineation of the building envelope of each lot; -34- 04/07/97 City Council FINAL DRAFT-Title 18 12. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; 13. The accurate location of each permanent control monument; 14. All plat meander lines or reference lines along bodies of water shall be established as above, but not farther than 20 feet from the high water line of such body; 15. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; 16. Accurate outlines of any area to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; 17. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city conncit or at the discretion of the property owner, including but not limited to environmentally sensitive areas buffers; 18. The auditor's file number of all documents and conveyances recorded with the Jefferson County auditor associated with preliminary, or final plat approval; 19. The name and seal of the Washington State licensed land surveyor or Washington State licensed engineer responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct; 20. A signed, notarized certification stating that the subdivision has been made with the free consent and in accordance with the desires of the all persons with ownership and/or security interests in the property. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided. The owner shall waive all claims against the city, on behalf of the owner and the owner's successors and assigns, which may be occasioned by the establishment and/or construction of any streets, roads, storm drainage improvements or other improvements. 21. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the public works director as a condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant. 22. Signature blocks for the appropriate certifications of the city treasurer, public works director, and director of BCD, as follows: -35- 04/07/97 City Council FINAL DRAFT-Title 18 TREASURER'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the city, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use, have been duly paid, satisfied or discharged, this ~ day of , 19 Port Townsend Treasurer PUBLIC WORKS DIRECTOR'S CERTIFICATE I hereby certify to the best of my knowledge that this final plat is in compliance with the certificate of improvements issued pursuant to the Port Townsend Municipal Code o~,~,,. ~o..,,.. ~.~,, and is consistent with all applicable city improvement standards and requirements in force on the date of preliminary plat approval, this day of , 19 . Port Townsend Public Works Director BUILDING & COMMUNITY DEVELOPMENT DIRECTOR'S CERTIFICATE I hereby certify that on this __ day of , 19_, that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by the City of Port Townsend on the day of 19 Port Townsend Building and Community Development Director 23. A form of the approval of the County assessor, as follows: ASSESSOR'S APPROVAL Examined and approved this day of Jefferson County Assessor -36- 04/07/97 City Council FINAL DRAFT-Title 18 Attest: Deputy Jefferson County Assessor 24. A form for the certificate of the Jefferson County recorder, as follows: RECORDING CERTIFICATE Filed for record at the request of the City of Port Townsend this ~ day of ., 19__, at minutes past M., and recorded in Volume of Plats, page ~ Records of Jefferson County, Washington. Jefferson County Recording Number Manager Superintendent of Records 25. Any additional pertinent information as required at the discretion of the public works director or the BCD director. D. All signatures or certifications ap~aring on a final plat shall be in reproducible black ink. 18.16.130 Accompanying documents -- final plat. A. In cases where any 'deed covenants or restrictions, including any CC&Rs, will apply to lots or parcels within a subdivision, a typewritten copy of such covenants bearing all necessary signatures shall be submitted along with the final plat. B. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or reestablished corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine comers and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet. C. The final plat shall be accompanied by a current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be subdivided; -37- 04/07/97 City Council FINAL DRAFT-Title 18 2. Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plat prior to final approval; 3. Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate; 4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor's file number and/or recording number; and 5. If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the public works director. D. The applicant shall provide the public works director with a computer disk containing a complete set of the final plat maps and as-built drawings on CADD© or other GIS-compatible software as acceptable to the public works director. E. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. F. All maintenance, performance and guarantee bonds or other guarantees as may be required by the public works director in accordance with rifles 12 and 13 PTMC and the improvement method report to guarantee the acceptability and/or performance of ali public improvements. For all improvements constructed after final plat approval, reproducible as- built drawings and CADD© files shall be submitted within 15 days of completion of constmction. 18.16.140 F'mal plat application. A. Applications for final plat approval shall be made on forms provided by the department along with the fee established in Chapter 20.09 PTMC, Land Development Permit Application and Appeal Fees. B. Applications for final plat approval shall be processed according to the procedures for Type IV land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. C. Applications for final plat approval shall be submitted within five years of the date of the preliminary plat approval. D. The final plat map shall be prepared in accordance with this chapter 18.16 and Chapter 18.24 PTMC. E. Prior to final approval, with the exception of the "Recording Certificate," the applicant shall obtain all signatures and certifications on the face of the plat in accordance with section 18.16.120 PTMC. -38- 04/07/97 City Council FINAL DRAFT-Title 18 18.16.150 Time limitation on final pretimlnary plat submittal. The original and two copies of a final plat meeting all requirements of Chapter 58.17 RCW shall be transmitted by the director to the city council within five years of the date of the preliminary plat approval. No extensions shall be granted. The plat granted preliminary approval but not filed for final plat approval within the applicable time period shall be null and void. BCD shall not be responsible for notifying the applicant of an impending preliminary plat expiration. 18.16.160 Effect of an approved f'mal plat - Valid land use. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five (5) years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect on the date of preliminary plat approval for a period of five (5) years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside the subdivision. 18.16.170 Distribution of copies and filing of final plat. The director shall distribute the original and copies of the approved final plat as follows: A. The original shall be i retumed to the applicant to be forwarded to the county auditor for filing; B. Prior to the issuance of any building permits, one recorded reproducible copy shall be transmitted to the public works director; C. One recorded paper copy shall be retained in the files of the BCD department; and D. One recorded paper copy shall be provided to the building official for assignment of addresses. 18.16.180 Transfer of ownership following final plat approval. Whenever any parcel of land lying within the city is divided under the provisions of this chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or transfer, any such lot, tract or parcel without having first had an approved final plat for such subdivision filed for record. It is the responsibility of the applicant to ensure that a final plat is fully certified and filed for record with the Jefferson County auditor assessvr prior to transferring ownership of any land. 18.16.190 Building and occupancy permits -- Issuance after f'mal plat approval. A. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exists. -39- 04/07/97 City Council FINAL DRAFT-Title 18 B. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until either the applicant complies with the improvement method report, all requirements of the public works department's certificate of improvements, and all requirements of the final plat C. No occupancy permit for a structure other than a temporary contractor's office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the public works director and city building official. -40- 04/07/97 City Council FINAL DRAFT-Title 18 Chapter 18.18 SUBDIVISION AND RECOGNITION OF LOTS OF RECORD Sections: 18.18.010 18.18.020 18.18.030 18.18.040 18.18.050 18.18.060 18.18.070 18.18.080 18.18.090 Scope. Approval criteria - All lots of record. Application submittal and contents -- Nine or fewer lots. Application review -- Nine or fewer lots. Application submittal and contents -- More than nine lots of record. Application review -- More than nine lots of record. Building and occupancy permits - Issuance after f'mal approval. Accumulative application for recognition of nine or fewer lots of record. 18.18.010 Purpose. A. The procedures regulating lots of record are established to promote orderly and efficient development of and construction upon lots on a small scale in compliance with the provisions of Chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Port Townsend. This chapter is adopted to provide for expedited review of nine or fewer lots of record platted prior to 1937 through the Type I permit application and review process, so long as an applicant owns no more than nine lots of record within 200 feet of any portion of the property. In situations where an applicant seeks to develop more than nine lots of record, or owns more than nine lots within 200 feet of the subject property, the application shall fully conform with the full subdivision process. In adopting this Chapter; the city intends to ensure that the same standards for environmental review and the design and installation of public improvements are implemented for all projects having similar impacts upon the environment and public services and facilities. The city finds that the fact that properties were platted prior to the adoption of Chapter 58.17 RCW does not provide a rational basis for exempting such properties from land use and environmental regulations adopted for the protection of public health; safety~, welfarei and preservation of the environment. B. This chapter provides uniform, predictable standards for property development throughout Port Townsend. This chapter is further intended to facilitate the consolidation of lots of record which are downzoned in the R-! zoning district to implement the Port Townsend Comprehensive Plan. This chapter is intended to require compliance with the city's engineering design standards for public improvements necessary to serve all areas of the city, to ensure that appropriate public services and facilities are provided concurrently with development in accordance with the Growth Management Act, Chapter 36.70A RCW, and to ensure that all properties in the city uniformly comply with all regulatory standards and requirements to protect public health, safety and welfare and the protection of the built and natural environment. -41- 04/07/97 City Council FINAL DRAFT'Title 18 18.18.020 Scope. A. This chapter shall a.~nly only to property development requiring a building or other land use permit where the extension of public water and/or sewer utilities is required, and/or requiring the opening and development of an uno_nened public street. This chapter shall not apply to any minor construction, including but not limited to tempor~, structures, fences, and property improvements not requiring the extension of public water and/or sewer service or requiring the opening and development of an unopened public street. This chapter shall not be construed to prol'dbit the transfer, purchase or sale of lots of record. B. Upon the request of a pro_oerty owner of lots of record where pro_oerty development will not require the extension of public water and/or sewer utilities, and/or the opening and development of an uno_nened public street, and ur}on payment of applicable fees, the director shall certif.v that the lot or lots conform with the rem. uirements of this chapter. C.B. Any proposed development of nine or fewer ,vntiguvns lots of record ~ to 1937, either in the original lot density and configuration or if consolidation of the lots is proposed, shall be expeditiously processed as a Type I permit application in accordance with Chapter 20.01 PTMC. To obtain expedited Type I permit review, an applicant may consolidate more than nine lots of record into a proposal seeking approval of nine or fewer lots through the use of deed restrictions or restrictive covenants approved by the city. D. t~. Where an applicant owns one lot of record (and owns no other ~ lots of record within 200 feet of the subject property), or where the applicant proposes to consolidate more than one lot to establish one building site through the use of restrictive covenants approved by the city, the director shall certify, that the lot conforms with all reauirements of this tire 18 PTMC ...... ' ..... '-'" '-- ~^~,,,1-,~ l~u,, ~,,~ ~-,uul~,,,~,~[~ u~ ~,,~.- ehapterT, so long as the pm~t~l~rn~'s lot meets minimum lot size requirements in accordance with title 17 PTMC, and the lot is developed in compliance with all pertinent requirements of the city's engineering design standards. The director shall complete a "Certification of Conformance and RecOgnition of Lots of Record,'' which shall be recorded by the applicant with the Jefferson County Auditor. Notwithstanding certification of the lot under the provisions of this chapter, the applicant must satisfy all applicable requirements of the Port Townsend Municipal Code. E. Where an applicant owns nine or fewer lots of record platted prior to 1937, the director shall review the application through a checklist established to determine whether the design and development of the lots conform with the requirements of this cha_mer 18.18 PTMC. Upon determining that the design and development conform with this chapter, the director shall complete a uCertification of Conformance and Recognition of Lots of Record," which shall be recorded with the Jefferson County Auditor. In the event the director determines that the lots of record fail to conform with the requirements of this chapter, the applicant shall be required to apply for short subdivision approval in conformance with chapter 18,12 PTMC. -42- 04/0'//9'/City Council FINAL DRAFT-Title 18 F. Where an applicant owns more than a total of nine lots, including the subject property, within 200 feet of any portion of the subject property, the proposed development shall meet hh¢ reqiikeniela~ apply for full subdivision aOgzoxal in accordance with Chapter 18.16 PTMC. G. In order to maximize opportunities for creative site design, affordable housing development and affordable provision of public improvements, applicants are encouraged to take advantage of the flexible development standards and bonus densities offered through the planned unit development process, Chapter 17.32 PTMC. II.Or Except as provided in RCW 58.17.170, as now adopted and hereafter amended, any lots of record subdivided in 1937 or thereafter shall be recognized as formally subdivided in accordance with this chapter 18.18 PTMC. 18.18.030 Approval criteria - All lots of record. With the exception of applicants owning one lot of record (and owns no other lots of record within 200 feet of the subject property), the following criteria are the minimum measures by which eachl~,~.~,~" ...... ' ~.ou~.l~..,.---'- -':--'-' -- certification and recognition of lots of record will be considered: A. The layout, design, density, size and other attributes of all lots within the proposal must-be are consistent with all applicable city, state and federal zoning, land use, environmental and health regulations and plans, including but not limited to: 1. Port Townsend Comprehensive Plan; 2. Port Townsend Zoning Code; 3. Engineering design standards; 4. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC); and 5. State of Washington Department of Health standards for on-site wastewater disposal (septic) systems, if applicable; B. Access to a public road for each segregated parcel is strait-be-in accordance with the city's engineering design standards; C. The probable significant adverse environmental impacts of the proposed development, together with any practical means of mitigating adverse impacts, have been considered such that the pro_m3sal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW; ~. Notwithstanding approval criteria set forth in subsection A, in accordance with RCW 58.17.120, as now adopted and hereafter amended, development of lots of record may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory. floodway, the city shall not a.~rove the preliminary, plat unless it imposes a condition 04/07/97 City Council FINAL DRAFT-Title 18 -43- l requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until flood control problems have .... '" ............'" ............. : ..... pi-otective ' ........................... mitigation i~llaltlVg g~.~.41 ~,4,./IIUItluIIa. ~..Ullalgltl. l~,,.ld. Ull UI IIIIIJIUVUIIIglII. a gUIU ULIIUI iii~Ski£~SS iaay b~ ..... ,___, .......4_..:__ _t ......... . ~D. Adequate provision ~ is made for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes; as d~in~ ncc~ssa~-y; a~id F._E. In addition to other engineering design standards and criteria, sidewalks and/or other improvements that assure safe walking conditions shall be required where students will walk to and from school; and G. Approving the application will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare. ,'-and- 11. IIIlULI~'II lllJt/llla.nllOll I[~¥1~W. LII~ LIIIg.&,tOI IlItL¥ LIGLGIIIIIIID Llltnt ,ha ti L. Uii,~iU._MLiE;iiL, G [/1 LII~ UUIGI l~_~ltUl~3 Ul LII~ alL~. LII~ ~/I~ILL~.~/ IUL ~J. llU atl~g l~l,Y~,./I..~l~ O~lt! i~.~LIOII tlllU I~XIILO i~4~t LIIG I~LILIIIgSIII~i~IILi~ OI I~IL. TT .JO. II .* l~k/. tls IIOW O. UUL/L~&I OI II[I~:IlL[I ~llll$11U~--~J. UllU~l aU~ll t~ll~,Uillat~lll~.~.. Lll~ UII~tUI 111~1¥I~.IUlIC that UlC utattw~u Iota. iti-~tS allt'l -"- --' ................. '- - -- -' - -' .... ~' ...... ~' ......... '"- Chap [MOVED 050] o,,,~, ,,,,_,.,,o,,~,,,~,,[~, o~ ,~a,~,,,:~ to ,.o,,,o,,,, .,t,, this tar. TO. 18.18.040 Application submittal and contents -- Nine or fewer lots. A. The application for recognition of nine or fewer lots of record shall be submitted to BCD on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC. B. To be considered complete, the application shall include the following: 1. A completed land use permit application form, including all materials required pursuant to Section 20.01.100 PTMC; 2. A copy of the Plat map and any surveys of record and a site plan showing the building envelopes, as defined in PTMC 18.1M.060, for each lot, and all existing and proposed utility locations and street or other transportation improvements. llllUllll~[lOll l~lUll$ IUI ~.~Ulll~Jl~tl~ alIUIL aUUUl¥1alUll ,'llJIJll~UOlla Ill ~%~.,Ul{,J~Ult.~ WI[Il %~llamlJ{¢l $1~ 15~1~ ~1~1~ ~1~ l~[61~Oll~I IIIUI~III[ U~[ IIUt llllllt~ gU UII~[UI JO. I I ~ ~ ~1~ UII~I WO.&I¢ ~UII [O~I~/. l'Ul OIUI~L3 UIU~5111E 1111111 U~VUIUUIIIUIIL 111 11¢1 I ~-~ ~n 04/07/97 City Council FINAL DRAFT-Title 18 =44= ~ A sworn ce~fi~tion by the applic~t vefi~ing whether the ~plic~t has ~y interest in ~y ~d wi~ 2~ f~t of ~y ~ffion of the subj~t pro,ny. Such interest in l~d may b~ by rmson of ownership, con~ct for purchase by agr~ment or option by ~y ~rmn, fa~ly mem~r, tim or co,ration in ~y m~ner conn~t~ wi~ the Knpli~t or the If onsim wasmwater (~pfic m~) dis~ is pro~s~ under the limit~ circumsmces where city c~e d~s not r~uire conn~fion to ~e city's municip~ rower sysmm ~wa~, ~,~,, ~.,, the ~plic~t sh~l provide verification from a a~q~ w~b~ ~e Jefferson County ~ ~th Dep~ment that the s~te ts ad~uate to accomm~ate on onsJte sewage d~s~ system. ~g~:ad~r,s. ~ ~I~I~UUII ~L IIIU~L UG ~IIUIIII~ UII ~bll IUL UI UIG ~IU~ UGVGIU~III[IIL. IIIG ~UUIIb 18.18.050 Application Review -- Nine or fewer lots. A. An application for recognition of nine or fewer lots shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. B. Based on comments from the public works director, public health official, and other applicable agencies and departments, and all other available information, the director shall approve the proposed recognition of nine or fewer lots of record only upon verifying through comoletion_ of a checklist form ,,,~.~,,~ ............................. w,itt~,, ,.,u,,~ ;aid ,~u.,,~ua~u,~ .............. that the requirements and standards of PTMC 18.18.030 have been satisfied. An application may be ~ preliminary, approval subject to certain, delineated conditions. The director shall conduct the review based upon checklists develOped by BCD to determine whether the platted lot and street configuration and design of public improvements satisfy approval criteria. Upon satisfying all approval criteria, the director shall apprOve the original platted lot and street design in accordance with the recorded plat map and shall certify that the plat conforms with all requirements of this Title 18 PTMC, subject to the requirement that the applicant shall install all improvements in compliance with the city's engineering design standards. The certification recognizing the platted lots of record shall be filed by the applicant with the Jefferson County C. If conditions of approval are imposed, the application shall not receive final approval until all conditions of approval have been met to the satisfaction of the director. D. Through application review, the director may determine that as a consequence of the geographic, topographic, environmental or other features or constraints of the site, and/or as a consem_uence of the inability of the proposal to meet any other approval criteria, the platted lot and street layout and design shown on the recorded plat map fail to meet the city's approval -45- 04/07/97 City Council FINAL DRAFT-Title 18 criteria set forth in this section and fail to meet the requirements of RCW 58.17.110, as now adopted or hereafter amended. Under such circumstances, the applicant shall be rem. uired to anply for short subdivision anproval in accordance with chapter 18.12 PTMC. The director shall issue summary, written findings and conclusions supporting the decision, providing the applicant with generalized, preliminary, guidance in conforming the application with the requirements of chanter 18.12 PTMC. The application fee shall be credited to the preapplication conference fee for short subdivision review. 18.18.060 Application submittal and contents -- More than nine lots of record. A. An application for approval of subdivision and recognition of more than nine lots of record shall be processed as a full subdivision, prepared in accordance with all requirements of Chapter 18.16. B. To be considered complete, the application for recognition of more than nine lots of record shall include all information in accordance with Chapter 18.16 PTMC. 18.18.070 Application review -- More than nine lots of record. A. An application for subdivision and recognition of more than nine lots of record shall be processed as a full subdivision in accordance with Chapter 18.16 PTMC, according to the procedures for Type HI land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. B. To take advantage of expedited Type I permit processing standards, more than nine lots of record may be consolidated to nine or fewer lots by deed restrictions or restrictive covenants approved by the city. C. An applicant for recognition and subdivision of lots of record may request that certain requirements established or referenced by this section be modified. Such requests shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. 18.18.080 Building and occupancy permits for nine or fewer lots of record -- Issuance after f'mal approval. A. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved project subject to this chapter prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exist. -46- 04/07/97 City Council FINAL DRAFT.Title 18 ~v~ a~ ..... p~, ...................... ' ........... "' ............. ~p~ ....... i~y. C. No ~up~cy ~it for a st~cture other th~ a tcm~ con,actor's offi~ or other approv~ tcm~ building sh~l be issu~ for a s~cturc on a lot or p~l ~hich the 0ir~tor hn~ ~fi~ as confor~n~ ~ith ~is ch~uter 18.18 ~C -~-ih~ii~ ~ app~ov~ ~ p~or to fin~ ins~fion ~d approv~ of ~1 r~uir~ improvements ~hich will ~c such lot or ~1, to ~c ~fisfacfion of ~c public wor~ dir~tor ~d city building officiO. P~or to ~e issu~ce of ~up~cy ~its~ the ~uplic~t sh~l provide BCD with a phot~opy of ~e "Ce~fi~fion of Confo~ce ~d R~o~nifion of ~ts of R~ord" b~n~ · e ]effer~n County n,dkor's r~ordin~ or fiHn~ s~mp. Ins~llaHon~ ins~tion ~d approv~ O~ improvem~ts ~hnl{ be ~nduct~ in a~rd~ ~i~ the ci~'s en~in~n~ design 18.18.090 Accumulative application for recognition of nine or fewer lots of record. The accumulative application for recognition of nine or fewer lots of record within 200 feet of the subject parcel shall be construed to constitute the accumulative short subdivision of property as defined in section 18.04.060, which is not permitted. The expedited process for legally recognizing nine or fewer lots of record may not be utilized to apply for a series of lot recognitions thereby circumventing the full subdivision procedures. -47- 04/07/97 City Council FINAL DRAFT-Title 18 Chapter 18.20 BINDING SITE PLANS Sections: 18.20.010 18.20.020 18.20.030 18.20.040 18.20.050 18.20.060 18.20.070 18.20.080 18.20.090 18.20.100 18.20.110 Scope. Binding site plans - condominiums. Application submittal and contents. Approval criteria. Binding site plan review process. Development standards. Modifications and vacations of binding site plans. Distribution of copies and filing of a binding site plan. Time limit on binding site plans. Effect of f'mal binding site plan approval. 18.20.010 Purpose. The purpose of this chapter is to clearly delineate the criteria used by the city of Port Townsend to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. The binding site plan process provides a means for certain t.v~s of land division applications to be processed administratively based upon the city's adopted development standards and regulations. Binding site plans tie a future development to an approved set of conditions and site layout. 18.20.020 Scope. This Chapter shall be limited and only apply to one or more of the following: A. The use of a binding site plan to divisions ofl~d for sale or lease of mixed use; commercial or industrial zoned property where the applicant proposes a unified scheme of oronertv develoDmen ~,~,,..~. however... ~,,,,~,,,,,. ~,~ ,,,~, ~ ,,~,~ ,~.~_~ ,~,, ,,.~.~.~ .~. C. Divisions of property for commercial, industrial or residential condominium development as provided for in Section 18.20.040 PTMC; and C. Planned unit developments proposed under Chapter 17.32 PTMC for residential and mixed use developments where full or short subdivision of the land into separate, legally segregated lots or parcels is not required. -48- 04/07/97 City Council FINAL DRAFT-Title 18 18.20.030 Binding site plans - condominiums. For the purpose of approval of condominium developments, the provisions of Title 18 PTMC regarding short subdivisions and full subdivisions shall not apply if: A. A proposexFland division is proposed as a condominium and does not result in the subdivision of land into separately-owned lots in accordance with the definition for short or full subdivisions, but subjects a portion of a lot, tract, or parcel to ~,,,,vL,.~ ~,~..,~ t -,,--.~,,,~ ¥ic, pe~y Reglaies Act") or 64.34 RCW ("Condominium Act") subsequent to the recording of a binding site plan for all such land; B. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan proposed for a condominium project; C. The city of Port Townsend has approved a binding site plan for all such land; and D. The binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the apProval of the city of Port Townsend, and in accordance with such other government permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all persons, businesses; coLporations; partnerships or other entities now or hereafter having any interest in the land described herein." 18.20.040 Application submittal and contents. To be considered complete; the application for binding site plan approval shall include the The application shall be submitted to BCD on forms to be provided by the department along with the appropriate fees established by Chapter 20.09 PTMC; ..... -'~---~ ...... ' ...... "--"-- -~-" -'--'--~- t,,-' appli ~,uuatu~t~a ~,un,F~t% ~h~aFFu~auun a.oa~ m~mu~ Acom eted land use permit cation form, including all materials required pursuant to Section 20.01.100 PTMC; C. Commercial, Mixed Use and Industrial Binding Site Plans. In addition to materials required pursuant to sections A and B, a binding site plan application for commercial, mixed -49- 04/07/97 City Council FINAL DRAFT-Title 18 tlse and industrial pro_tmsals shall contain the same elements and information as a Preliminary. Plat, in accordance with PTMC Sections 18.16.030, 18.16.040, and 18.16.050; D. Binding Site Plan for Residential Condominiums. In addition to materials rem. uired pursuant to sections A and B, a binding site plan for residential condominiums shall conform with the rem_uirements of Chanter 64.34 RCW, "The Condominium Act." The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all rem_uirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal comnlies with Chanter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan man for review. The site plan shall have dimensions of eighteen inches by twenty-four inches and must be prepared by a registered land surveyor licensed in the state of Washington. In addition to requirements of Chapter 64.34 RCW, the binding site plan man must include the following: 1. The name of the condominium project; 2. Legal description of the entire parcel; 3. The date, scale, and north arrow; 4. t3ouodary lines, rights-of-way for streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements; 5. Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets; 6. Number of each lot and each block or division; 7. l_xx:ation, dimensions and pu .rpose of any easements, noting if the easements are private or public; 8. Location and description of monuments, boundary corners set, and all lot corners set and found; 9. Datum elevations and primary, control points approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles, 10. A dedicatory, statement acknowledging public and private dedications and 11. The statement rem_uired by Section 18.20.030.D. PTMC must be on the face of the final binding site plan; and 12. Other restrictions, conditions, and requirements as deemed necessary, by the city, including all n~atters r~aired by applicable requirements of the engineering design 18.20.050 Approval criteria. A. Binding site plans shall be given pr¢lil-nlnai¢- approval approved upon showing compliance with the following: -50- 04/07/97 City Council FINAL DRAFT-Title 18 1. Applicable city, state and federal zoning, land use, environmental and health regulations, policies or plans, including but not limited to: a. Port Townsend Comprehensive Plan; b. Port Townsend Zoning Code; c. Engineering design standards; d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC); 2. The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walldng conditions for students who walk to and from school; 3. The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW; 4. Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare. B. Notwithstanding conformance with the criteria provided in subsection A herein, a proposed binding site plan may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved. 18.20.060 Binding site plan review process. A. An application for a binding site plan approval shall be processed according to the procedures for Type I land use decisions established in Chapter 20.01 PTMC, Administration of Land Development Regulations. B. The BCD director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions, if the proposal is within one mile of another city or jurisdiction, and the Washington State Department of Transportation, if the proposal is adjacent to a state highway7 C. Based upon comments from city departments and applicable agencies, and other information, the director shall review the proposal subject to the criteria of PTMC 18.20.050. A proposed binding site plan shall only be approved when consistent with all provisions of PTMC 18.20.050. Binding site plan approval may be based upon certain, delineated -51- 04/07/97 City Council FINAL DRAFT-Title 18 conditions. The city shall make written findings and conclusions documenting compliance with all approval criteria. A binding site plan shall be granted preliminary, approval only, until all improvements are installed or the city has received adequate guarantees or assurances of future in.qtallafion of improvements pursuant to the city's engineering design standards. D. Upon satisfying all conditions of approval, if any, and satisfying all requirements of the city's engineering design standards for the installation of all improvements, the director shall administratively approve the final binding site plan for filing with the Jefferson County assessor. The final binding site plan shall conform with all requirements of PTMC 18.16.120, "Preparation of a final plat" and PTMC 18.16.130 "Accompanying documents -- final plat," as applicable. For all condominium pro_iects, prior to final approval, the applicant shall obtain the written approval from the Jefferson County. assessor of the condominium CC&Rs. 18.20.070 Development standards. Binding site plans shall conform to the development standards of Chapter 18.24 PTMC. 18.20.080 Modifications and vacations of binding site plans. Binding site plans may be modified or vacated subject to the following: A. Binding site plans may be modified only if it the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not adversely impact public health and safety, the environment, or the delivery of services to the site. The proposed modification must be clearly shown and be accompanied by a letter of explanation. Upon administrative approval of such modification, the modifications shall become part of the binding site plan. If the proposed modification constitutes a substantial modification, the proposal shall be processed as a new binding site plan application. B. Prior to issuance of any building or other site development permits, including but not limited to clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to BCD of a letter of intent to vacate the binding site plan. The letter shall become binding upon its acceptance by the director. If the binding site plan has been recorded with the Jefferson County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson County auditor. C. After issuance of any building or other site development permits, including but not limited to cleating and grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval. 18.20.090 Distribution of copies and filing of a binding site plan. A. Upon approval, a binding site plan shall follow the procedures of 18.16.170 PTMC, "Distribution of copies and filing of final plat." -52- 04/07/97 City Council FINAL DRAFT-Title 18 B. After approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by administrative approval. 18.20.100 Time limit on binding site plans. The applicant or owner of the property subject to a binding site plan shall obtain all permits for the development of a site within five years of its recording under PTMC 18.20.090. If the applicant fails to obtain all permits within five years, no site development permits shall be issued until the applicant files a new application and obtains binding site plan approval in accordance with this chapter. 18.20.110 Effect of f'mal binding site plan approval. A. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the Purchaser or any other person acquiring a lease or other legal or property interest of any lot, parcel, or tract created pursuant to the binding site plan. B. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of this Title. -53- 04/07/97 City Council FINAL DRAFT-Title 18 Chapter 18.24 SUBDIVISION DEVELOPMENT STANDARDS Sections: 18.24.010 18.24.020 18.24.030 18.24.040 18.24.050 18.24.060 Requirements for improvements. Plan review, inspection and fees. Release of improvement guarantee. Floods and flood control. Additional requirements. Phased subdivisions. 18.24.010 Requirements for improvements. All improvements shall be designed and constructed in conformance with the city's engineering design standards. Prior to the construction of any n~iiiiinuni improvements, as approved upon the preliminary plat or binding site plan, the subdivider shall furnish certain construction plans. These plans must be prepared, signed, dated and stamped by a Washington State licensed civil engineer and shall be in accordance with the city of Port Townsend engineering design standards. The construction plans must be reviewed and approved by the city prior to construction. 18.24.020 Plan review, inspection and fees. The BCD department, public works department and fire department are responsible for reviewing all engineering drawings and for the supervision, inspection and acceptance of all subdivision improvements and shall ~ charge therefore-to the subdivider ixr-the-a~mm~-cff ~ ~, fees as set forth in a¢¢oi-dance -Mhh chapter 3.36 PTMC and chapter 20.09 PTMC. 18.24.030 Release of improvement guarantee. If an improvement bond or other guarantee has been submitted, such guarantee shall be released in accordance with the engineering design standards. ~ipon accep~ice by ;he city of a 18.24.040 Floods and flood control. The city may disapprove a proposed subdivision because of flood, inundation or regulated wetlands if the city finds that such condition poses a threat to the public health, safety or general welfare. Where any portion of the proposed subdivision lies within the one percent flood hazard area or the regulatory floodway, the city shall impose a condition on the preliminary plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said FEMA requirements have been met. The city may require dedication of land to any public body and/or the construction -54- 04/07/97 City Council FINAL DRAFT-Title 18 of improvements and may impose other conditions necessary to protect against flooding or inundation. 18.24.050 Additional requirements. The standards and requirements established or referenced by this chapter are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified probable significant adverse environmental impacts pursuant to the State Environmental Policy Act, Chapter 43.21C, as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off- site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. 18.24.060 Phased subdivision. Preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in ~ increments. Where the preliminary plat approval is conditioned upon completion of the proposed phases in a particular sequence, and may the preliminary, plat approval shall specify a completion date for each phase. Final plat approval may be is granted for each separate phase of the preliminary plat. and Any changes at the preliminary plat stage wrmld will require approval in accordance with PTMC 18.16.090. Final Draft 04/04/97 CA§Ord{Subdivl8.ord} -55- 04/07/97 City Council FINAL DRAFT-Title 18