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HomeMy WebLinkAbout2222ORDINANCE NO. °G52 AN ORDINANCE of the City of Port Angeles setting standards for the division of land into four or fewer lots and specifying required utilities and improvements for such division, adding a new chapter to the Port Angeles Municipal Code, and repealing Ordinance 1923. Section 1 PURPOSE AND INTENT. The purpose of this Ordinance is to provide uniform regulations for the subdivision and resubdivision of land into four or less parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Ordinance to implement the Compre- hensive Plan of the City of Port Angeles; to comply with the re- quirements of the Zoning Ordinance of the City of Port Angeles; to insure orderly growth; to promote effective and energy - efficient use of land; to prevent overcrowding of land; to pro- vide for adequate light and air; to promote safe and convenient travel and lessen congestion on streets and highways; to provide for proper ingress and egress; to insure adequate provision for water, sanitary wastes, parks and recreation areas, sites for schools, and other public requirements; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. Section 2 AUTHORITY. This Ordinance is adopted pursuant to the authority granted to the City of Port Angeles by RCW 58.17.060. Section 3 DEFINITIONS 1. "Block." A group of lots, tracts or parcels within well - defined and fixed boundaries. 2. "City." The City of Port Angeles. 3. "Dedication." The deliberate appropriation of land by an owner for public uses,,reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a Final Short Plat showing the dedication thereon, and acceptance of the dedication by the City shall be evidenced by the approval of such Final Short Plat. 4. "Final Short Plat." The final drawing of the short subdivi- sion, containing all the elements and requirements set forth in Section 16.1-44 5. "Lot." A fractional part of divided land with fixed boun- daries. The term shall include tracts or parcels. 6. "Planning Commission." The Planning Commission of the City of Port Angeles as designated in Chapter 2.36 of the Port Angeles Municipal Code. 7. "Planning Department." The Planning Department of the City of Port Angeles. 8. "Preliminary Short Plat." An approximate drawing of a short subdivision showing the general layout of streets and alleys, lots, blocks and other elements of the short sub. division. 9. "Short Subdivision." The division or redivision of land into four or less lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. Section 4 APPLICABILITY. A Final Short Plat, approved in accordance with the provisions of this Ordinance and filed with the County Auditor, is required for all short subdivisions within the City of Port Angeles, and no lot, tract, or parcel within any short subdivision shall be sold, leased or its owner- ship transferred, without compliance with the terms of this Ordinance. Section 5 APPLICATION FORMS. (1) An application for approval of a preliminary short plat shall be submitted to the Planning Department on a form furnished by that Department, accompanied by the preliminary short plat. (2) The application form shall contain, at minimum: (A) The name, address and telephone number of the applicant and /or property owner; (B) A legal description of the property to be subdivided; (C) A statement of the underlying zoning; (D) The proposed methods of serving the individual lots in the short subdivision with water, sewer, streets and other public utilities; (E) The purpose of the short subdivision; and (F) If requested by the Planning Department, the name, address and telephone number of the owner(s) of all adjacent unplatted parcels. (3) The application form shall be accompanied by six (6) copies of the preliminary short plat, the application fee and, if applicable, a SEPA Checklist. (4) The short subdivision application fee shall be in an amount as may from time to time be determined by the City Council by resolution. No such fee shall be refundable, after ac- ceptance of an application by the Planning Department. Section 6 CONTENTS OF PRELIMINARY SHORT PLAT. The preliminary short plat shall be a neat drawing, in ink, to a scale of not less than 1" to 100', on 81 x 11 or larger paper, and shall provide the following information: 1. The date, scale, and "North" arrow. 2. The boundaries of the entire parcel being subdivided, including all contiguous unplatted property owned by the subdivider. • • 3. A legal description of the property being subdivided. 4. Identification, dimensions and area of all proposed lots. 5. The name and location of existing and proposed public rights -of -way. 6. The location of existing and proposed easements. 7. The proposed building setbacks on each proposed vacant lot. 8. The location of existing buildings and major structures and their distances from property lines. 9. The location of existing natural features, such as streams, rivers, wetlands, shorelines, drainage ways, ravines and steep slopes. 10. The location and size of existing utilities, including water, sewer, storm drains, and fire hydrants. Section 7 DESIGN STANDARDS. All preliminary short plats shall conform to the following design standards: (1). RIGHT -OF -WAY ACCESS. A. Each lot shall abut on a dedicated, improved and main- tained City street. Such street shall connect directly to an existing improved street. B. If the abutting right -of -way does not meet minimum widt standards, additional right -of -way shall be required in accordance with the requirements of the Public Works Department. (2). LOT DESIGN. A. The minimum area shall be equal to or greater than that required by Ordinance No. 1709 as now enacted or here- after amended. B. The minimum depth shall be the total distance between the required front and rear yard setbacks plus 15 feet. -4- C. The minimum width, measured at the mid -point between the front and rear yard setback lines, shall be as required by Ordinance No. 1709as now enacted or here- after amended. D. (i) Panhandle or dog -leg lots may be permitted if the original parcel has insufficient width to reason- ably provide each lot with a dedicated right -of- way occurring within the interior of the plat, or if there is no reasonable likelihood that standard rights -of -way could be provided in cooperation with abutting properties. (ii) Each such panhandle or dog -leg lot shall meet the following criteria: 1. The panhandle shall have a minimum width of 20 feet and shall serve no more than one lot. 2. The required lot area shall not include any portion of the panhandle. (3). NATURAL FEATURES. The lots and lot arrangement shall be such that no forseeable difficulties will be created, due to topography and other natural conditions, for the securing of building permits to build on all lots in compliance with Ordinance No. 1709, as now enacted or hereafter amended, and all other applicable regulations. (4). LARGE LOTS. Where property is subdivided into lots which are of sufficient size to be resubdivided, the lots and streets shall be arranged so as to permit later resubdivisioi in conformance with Ordinance No. 1709, as now enacted or hereafter amended, Ordinance No. 1631, as now enacted or hereafter amended, and this Ordinance. Section 8 ROUTING AND STAFF RECOMMENDATIONS. (1) Upon receipt of an application and preliminary short plat satisfying the requirements of Sections 5, 6 and 7 of this Ordinance, the Planning Department shall distribute the preliminary short plat to the following departments: A. City Public Works Department; B. City Light Department; C. City Fire Department; D. Clallam County Health Department if a septic tank and drainfield is to be used. E. Any other appropriate Department or Agency. (2) Each Department or Agency shall review the preliminary short plat and return written recommendations for approval or dis- approval of the preliminary short plat, and, if appropriate, proposed conditions for approval, to the Planning Department within thirty (30) calendar days. Section 9 REQUIREMENTS FOR APPROVAL. Prior to acting on the preliminary short plat, the Planning Director shall review the application for preliminary short plat approval, the preliminary short plat, and any information received pursuant to Section 8, to determine the compliance of the preliminary short plat with the following requirements: 1. Necessary drainage ways or storm drain facilities must be adequate to serve the short subdivision, as deter- mined by the Department of Public Works. 2 The provision of streets and rights -of -way must be ade- quate to serve the short subdivision and comply with Sections 7 and 14 of this Ordinance, as determined by the Departments of Public Works and Planning. 3 Water supply and fire protection facilities must be adequate to serve the short subdivision and comply with Section 14 of this Ordinance, as determined by the De- partments of Public Works and Fire. 4 Sanitary sewer facilities must be adequate to serve the short subdivision and comply with Section 14 of this Ordinance, as determined by the Department of Public Works; or a septic tank system must have been approved by the Clallam County Department of Health. 5. The short subdivision lot arrangement must comply with the Policies of the Comprehensive Plan and further the attainment of the Objectives and Goals of the Compre- hensive Plan. 6. The proposed short subdivision must be compatible with existing and planned development of the surrounding area. 7. The proposed lots must comply with the requirements of Ordinance No. 1709, as now enacted or hereafter amended, and Section 7 of this Ordinance. Section 10 PRELIMINARY SHORT PLAT APPROVAL. 1. Within forty (40) calendar days of receipt of the ap- plication, the Planning Director shall determine if appropriate provisions for the public health, safety and general welfare of the community have been made and shall further determine if the public use and interest will be served by approving the preliminary short plat, based upon compliance with Sections 1, 5, and 9 of this Ordinance. 2. Based upon that determination, the Planning Director shall approve, approve with conditions, or disapprove the preliminary short plat; or may return the prelim- inary short plat to the applicant for modification, if significant revisions of the preliminary short plat are required. 3. The decision of the Planning Director shall be in writ- ing, directed to the applicant and /or property owner, at the address shown in the application, and shall set forth findings of fact supporting the decision. Section 11 EFFECT OF APPLICATION APPROVAL. Approv- al, or approval with conditions, of a preliminary shot plat shall authorize an applicant and /or property owner to proceed with the preparation of the final short plat. Section 12 APPEALS. 1. Any person aggrieved by the decision of the Planning Director under Section 10 may appeal the decision to the Planning Commission. 2. Appeals shall be submitted to the Planning Department in writing within thirty (30) days following the date of mailing the decision to the applicant. 3. The Planning Commission shall hear the appeal at its next possible public meeting and thereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance of the preliminary short plat with the requirements of this Ordinance. Such recommendation shall include written findings of fact. 4. The City Council, at its next possible public meeting following receipt of the Planning Commission's recom- mendations, may adopt, reverse, or modify the Planning Commission's recommendations and shall set forth writ- ten findings of fact. Section 13 TIME LIMIT FOR FILING OF A FINAL SHORT PLAT. (1) Within two (2) years of the Planning Director's approval of a preliminary short plat, the applicant and /or property owner shall submit a final short plat to the Planning Department, which is in compliance with the approved preliminary short plat. (2) Prior to the expiration of said two -year period, the appli- cant or property owner may request, in writing, for good cause, a one -year extension of the period within which a final short plat must be filed. The Planning Director shall act on such request within ten (10) days, and may grant the extension, if good cause is shown. Appeal from denial of the requested extension shall be governed by the provisions of Section 12 of this Ordinance. (3) Failure to submit a proposed final short plat within the two years or an approved one -year extension, shall terminate the preliminary short plat approval. Section 14 PHYSICAL IMPROVEMENTS. The following improvements shall be made or installed for each lot created by the short subdivision, before final short plat approval: 1. Water mains and other appurtenances necessary to pro- vide adequate supply and fire protection, as deter- mined by the Public Works and Fire Departments. 2. Sanitary sewer, or approved septic tank and drainfield site. 3. .Power, telephone, television cable and all other neces- sary utilities. 4. Appropriate dedications or easements if required. 5. If the principal frontage street furnishing access to a newly created lot is substandard for an improved street of its classification, then an approved street shall be provided prior to approval of a final short plat. The street shall be constructed on the frontage of the newly created lots, brought to line and grade of adja- cent streets, and be surfaced at minimum with asphaltic concrete of not less than twenty feet width with four - foot shoulders on the unimproved side of the roadway; or constructed to the level of improvement of the adja- cent street, whichever is greater. • • Section 15 PERFORMANCE BOND. Performance bonds may be accepted in lieu of construction of the required improve- ments of Section 14(5), subject to the approval of the City Engineer as to amount and the City Attorney as to form and content. Section 16 CONTENTS OF FINAL SHORT PLAT. (1) Upon completion of physical improvements as required by Sec- tion 14, or acceptance of a bond under Section 15, a final short plat may be submitted for approval. (2) The final short plat shall be an eighteen (18) inch by twenty- four (24) inch permanent reproducible mylar, and shall be at a scale of not less than one hundred (100) feet to one (1) inch. The final short plat and six (6) paper copies shall be accompanied by a report containing accurate square- footage and dimensions of each lot and block and the coordinates of each monument, a title report, and shall include a warranty that all assessments in favor of the City have been paid. The final short plat and survey shall be based on the Washington Coordinate System, North Zone, and shall show the following: A. Permanent control monuments to which all dimensions, bearings, azimuths and similar data on the plat are referred. B. Subdivision boundary lines, right -of -way lines, ease- ments, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves. C. Name and right -of -way width of each street. Any street not dedicated to the public must be so marked on the face of the plat. D. Locations, dimensions and purpose of all easements. E. Identification of each lot. -10- F. Purpose for which sites are dedicated to the public. G. Location and description of all monuments. H. The title under which the subdivision is to be recorded true north and grid north arrows, scale, and legend. I. Legal description of the land to be platted. J. Certification by registered land surveyor as to the ac- curacy of plat and survey. K. Certificate by owner(s) dedicating roads, rights -of- way, easements and any sites for public purposes. L. Certification of approval by: (a) The Planning Direc- tor; (b) The Public Works Director; and (c) The Light Department Director. M. Certification by the County Treasurer that all state and county taxes levied against the land to be subdi- vided have been paid in full. N. Certification of filing by County Auditor. 0. If improvements are to be bonded rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." Section 17 ROUTING OF THE FINAL SHORT PLAT. (1) Upon receipt of a final short plat, the Planning Department shall circulate the final short plat to the following De- partments: A. City Light Department; B. City Public Works Department; (2) If the final short plat complies with the requirements of this Ordinance and the approved preliminary short plat, the Department Head shall signify approval by signing on the face of the final short plat. • (3) In the event the final short plat fails to comply with specific standards or conditions of preliminary plat approval, the Department shall so notify the Planning Direc- tor in writing. Section 18 FINAL APPROVAL. (1) Within twenty (20) working days of receipt of the proposed final short plat the Planning Director shall: A. Review the final short plat for compliance with prelim- inary plat conditions; B. Review the comments and recommendations of all appro- priate Departments; and C. Ascertain from the Public Works Department that the required physical improvements, in accordance with Section 14, have been installed or financial security has been provided therefor. (2) If the Planning Director is satisfied that all of the above have been met, then he shall approve the final short plat by affixing his signature to the face thereof. (3) If one or more of these requirements for approval is not met, he shall notify the applicant and /or property owner in writing of the reasons for withholding approval of the final short plat. (4) Appeal from the Planning Director's decision shall be made in accordance with Section 12. Section 19 FILING OF FINAL SHORT PLAT. The applicant and /or property owner and /or surveyor shall file the final short plat with the Clallam County Auditor's Office within ten (10) calendar days of the date of the Planning Director's approval. The final short plat shall not be deemed approved by the City until recorded. A copy of the recorded document shall be submitted to the Planning Department within ten (10) calendar days of filing. -12- Section 20 RESUBDIVISION BY SHORT PLAT PROHIBITED - TIME LIMIT. Any lot in an approved final short plat may not be resubdivided pursuant to the terms of this Ordinance for a period of five (5) years subsequent to the filing of the final short plat. Such resubdivision may only occur pursuant to the procedures of Ordinance 1631, as now enacted or hereafter amended, during that period. Section 21 INJUNCTIVE ACTION TO ENFORCE ORDINANCE. Whenever any parcel of land within the City of Port Angeles is divided into four or less lots, tracts, or parcels of land, and any person, firm or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel, without having,a final short plat of such short subdivision filed for record in accordance with the terms of this Ordinance, the City Attorney shall commence an action to restrain and enjoin further sale or transfer of such lots, tracts, or parcels, or offers for sale or transfer for such lots, tracts, or parcels, and to compel complete compliance with all provisions of this Ordinance. The cost of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. SECTION 22 PENALTY /ENFORCEMENT. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this Ordinance relating to the sale, offer to sell, lease or transfer of any lot, tract or parcel of land in a short subdivision, shall be guilty of a misdemeanor, and each such sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this Ordinance shall be deemed a separate and distinct offense. Each such offense may be penalized by a fine of up to $500 or ninety (90) days in jail. SECTION 23 SEVERABILITY. If any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this Ordinance are declared to be severable. SECTION 24 CODIFICATION. Sections 1 through 22 of this Ordinance shall constitute a new Chapter in Title 16 of the Port Angeles Municipal Code. SECTION 25 REPEALER. Ordinance 1923 is hereby repealed. SECTION 26 EFFECTIVE DATE. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20th day of July, 1982. ATTEST: Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig Miller, City Attorney PU:LISHED: aMA YQ0 R MEMORANDUM July 16, 1982 TO: City Council FROM: City Attorney RE: Short Plat Ordinance In the copy of the Short Plat Ordinance before the Council for adoption tonight, I have recommended one change, found at Section 12(2). The draft of the Ordinance previously before the Council provided that an appeal from the Planning Director's decision of approval or disapproval had to be filed within ten days, except if the appeal was from a decision dealing with "improvement standards ". In this event, the appeal had to be filed within ninety days. Rather than have two conflicting appeals periods, with possible interpretation problems as to which appeal period applied, and resultant confusion, it was my recommendation that the Ordinance be changed to allow a standard appeal period from any portion of the Planning Director's decision. Thirty days was chosen, as that is the appeal period provided for appeal from a long plat decision, under RCW 58.17.180. If the Council feels that the previous language was more appropriate, the Ordinance may be passed, with direction to change Section 12(2) back to its previous form, and the Ordinance will be retyped before presented for execution. Craig L. Miller City Attorney Attachment