HomeMy WebLinkAbout3122ORDINANCE NO. 3122
AN ORDINANCE of the City of Port Angeles, Washington, revising the
City's subdivision ordinances, by providing consistent language for
street standards, department names, and City officials' titles and by
defining the desired urban design of the City, and amending Ordinances
1631, 2222, 2669, and 3003, as amended, and Title 16 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2222 as amended and Title 16 of the Port Angeles Municipal Code
are hereby amended by amending Chapter 16.04 PAMC to read as follows:
Title 16
SUBDIVISIONS
Chapters:
Sections:
16.04 Short Plat Subdivisions
16.08 Subdivision Regulations
16.10 Binding Site Improvement Plan
16.12 Boundary Line Adjustments
16.04.010
16.04.020
16.04.030
16.04.040
16.04.045
16.04.050
16.04.060
16.04.070
16.04.080
16.04.090
16.04.100
16.04.110
16.04.120
Chapter 16.04
SHORT SUBDIVISION REGULATIONS
Purpose and Intent.
Authority.
Definitions.
Applicability.
Parcels Traversed
Application Form
Preliminary Short
Preliminary Short
Preliminary Short
Preliminary Short
Preliminary Short
Preliminary Short
Appeals.
by Public Ways
s.
Plat - Contents.
Plat - Design Standards.
Plat - Routing and Staff Recommendations.
Plat - Requirements for Approval.
Plat - Approval - Conditions.
Plat - Approval - Effect.
1
16.04.130 Final Short Plat - Filing Time Limit.
16.04.140 Final Short Plat - Improvements - Required.
16.04.150 Final Short Plat - Improvements - Bond in Lieu When.
16.04.160 Final Short Plat - Contents.
16.04.170 Final Short Plat - Routing for Review.
16.04.180 Final Short Plat - Final Approval Procedure.
16.04.190 Final Short Plat - Filing and Recordation.
16.04.200 Resubdivision by Short Plat Prohibited - Time Limit.
16.04.205 Agreement to transfer land conditioned on final plat approval -
Authorized.
16.04.210 Injunctive Action to Enforce Chapter.
16.04.220 Violation - Penalty.
16.04.010 Purpose and Intent. The purpose of this Chapter 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 Chapter to implement
the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives
of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and
Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban
design of the City, to promote effective and energy - efficient use of land, to prevent over - crowding
of land, to provide 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 ensure adequate
provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking
conditions on school routes, and other public requirements, to require uniform monumenting of land
subdivisions and conveyancing by accurate legal description, and to prevent the creation of public
nuisances. (Ord. 2880 §1 (part), 8/25/95; Ord. 2222 §1, 8/11/82.)
16.04.020 Authority. This Chapter is adopted pursuant to the authority granted to the
City by the Revised Code of Washington pursuant to RCW 58.17.060. (Ord. 2222 §2, 8/11/82.)
16.04.030 Definitions.
A. 'Block" means a group of lots, tracts or parcels within well - defined and fixed
boundaries.
B. "City" means the City of Port Angeles.
C. "Community Development Department or Department" means the Community
Development Department of the City.
D& "Comprehensive Plan" means a Comprehensive Plan adopted by the Council in
compliance with the Growth Management Act of 1990 and which indicates the general locations
recommended for residential, commercial, and industrial land uses or zones and for streets, parks,
public buildings, and other public improvements. The Comprehensive Plan includes all its
Appendices and individual comprehensive service and facility plans such as the Capital Facilities
Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan.
ED. "Dedication" means 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
-2-
thereon, and acceptance of the dedication by the City shall be evidenced by the approval of such
final short plat.
F. "Desired urban design of the City" means the land use pattern and street system
as described by the Comprehensive Plan land use map and policies, the zoning map and regulations,
the subdivision regulations, and the Urban Services Standards and Guidelines.
GE. "Final short plat" means the final drawing of the short subdivision, containing
all the elements and requirements set forth in this Chapter.
HF. "Lot" means a fractional part of divided land with fixed boundaries. The term
shall include tracts or parcels.
I6. "Planning Commission" means the Planning Commission of the City, as
designated in Chapter 2.36 of this Code.
I I. "Planling Dcp g D�partrn nt of the City.
JI. "Preliminary short plat" means an approximate drawing of a short subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of the short
subdivision.
KJ. "Short subdivision" means 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. (Ord. 2880
§1 (part) 8/25/95; Ord. 2222 §3, 8/11/82.)
16.04.040 Applicability. A final short plat, approved in accordance with the provisions
of this Chapter and filed with the County Auditor, is required for all short subdivisions within the
City, and no lot, tract, or parcel within any short subdivision shall be sold, leased, transferred,
redivided, altered, or vacated, without compliance with the terms of this Chapter. (Ord. 2880 §1
(part) 8/25/95; Ord. 2222 §4, 8/11/82.)
16.04.045 Parcels Traversed by Public Ways. Public streets, roads, highways, alleys,
and other public ways, which traverse a parcel of land under one ownership, will be considered to
have divided that land into non - contiguous pieces without further need for complying with short
subdivision requirements. (Ord. 2793, §1, 2/11/94)
16.04.050 Application Forms.
A. An application for approval of a preliminary short plat shall be submitted to the
Itarnring Community Development Department on a form furnished by that Department and shall
be accompanied by the preliminary short plat.
B. The application form shall contain, at minimum:
1. The name, address and telephone number of the applicant and the
property owner;
2. A legal description of the property to be subdivided;
3. A statement of the underlying zoning;
4. The proposed methods of serving the individual lots in the short
subdivision with water, sewer, streets and other public utilities;
5. The purpose of the short subdivision; and
6. If requested by the Nanning Department, the name, address and
telephone number of the owner(s) of all adjacent unplatted parcels.
C. The application form shall be accompanied by six copies of the preliminary short
plat, the application fee and, if applicable, a SEPA checklist.
D. The short subdivision application fee shall be as established by ordinance and
-3-
set forth in Chapter 3.70 PAMC. No such fee shall be refundable after acceptance of an application
by the Planning Department. (Ord. 2789 §11, 1/1/94; Ord. 2222 §5, 8/11/82.)
16.04.060 Preliminary Short Plat - Contents. The preliminary short plat shall be a neat
drawing, in ink, to a scale of not less than one inch to one hundred feet, on eight and one -half by
eleven inch or larger paper, and shall provide the following information:
A. The date, scale, and North arrow;
B. The boundaries of the entire parcel being subdivided, including all contiguous
unplatted property owned by the subdivider;
C. A legal description of the property being subdivided;
D. Identification, dimensions, and area of all proposed lots;
E. The name and location of existing and proposed public rights -of -way;
F. The location of existing and proposed easements;
G. The required building setbacks on each proposed lot;
H. The location of existing buildings and major structures and their distances from
property lines;
I. The location of existing natural features, such as streams, rivers, wetlands,
shorelines, drainage ways, ravines and steep slopes;
J. The location and size of existing utilities, including water, sewer, storm drains,
and fire hydrants. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §6, 8/11/82.)
16.04.070 Preliminary Short Plat - Design Standards. All preliminary short plats shall
conform to the following design standards:
A. Right -of -Way Access.
1. Each lot shall abut on a dedicated, improved and maintained City street.
Such street shall connect directly to an existing improved street that meets current street improvement
standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130.
2. If 116 any rights -of -way abutting the property being subdivided
does not meet minimum width standards, additional right -of -way shall be required in accordance with
the standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130
3. An exception from the right -of -way access requirements in this section
shall be allowed for a single lot within a proposed short plat, provided that the following conditions
Are met:
a. the single lot contains an existing habitable dwelling that already
abuts and is accessible by emergency vehicles over an existing 20- foot -wide all- weather street that
does not meet City standards . • . . • .. ' .. :, and
b.
access standards of this section.
4. Sidewalks and other planning features that assure safe walking conditions
for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and
RCW 58.17.110.
•
. .
. ..
all other lots in the short subdivision shall meet the right -of -way
4
B. Lot Design.
1. The minimum area shall be equal to or greater than that required by the
oning Code as now enacted or hereafter amended.
2. The minimum depth shall be the total distance between the required front
nd rear yard setbacks plus fifteen feet.
3. The minimum width, measured at the mid -point between the front and rear
and setback lines, shall be as required by the Zoning Code as now enacted or hereafter amended.
4. The front lot line shall be the boundary of a lot which abuts a street. On
panhandle, flag, or dogleg lot, the front lot line and setbacks shall be determined during the short
ubdivision process, or, if not determined during short subdivision review, shall be determined by
he Plannin8 Community Development Director.
5. a. Panhandle, flag, or dogleg lots may be permitted if the original
arcel has insufficient width to reasonably provide each lot with a dedicated right -of -way occurring
ithin the interior of the plat and if there is no reasonable likelihood that standard rights -of -way
ould be provided in cooperation with abutting properties.
b. Each such panhandle, flag, or dogleg lot shall meet the following
riteria:
i. The panhandle shall have a minimum width of twenty feet
nd shall serve no more than one lot.
ii. The required lot area shall not include any portion of the
iii. Dead -end access streets and/or driveways in excess of 150
eet in length shall be provided with a turn- around which has a minimum 90 -foot diameter asphaltic
oncrete street or an alternative approved by the City consistent with the Urban Services Ordinance
nd the Uniform Fire Code, except that an all- weather gravel surface section may be approved for
rn- arounds which are anticipated to be temporary due to the future extension of the roadway.
C. Natural Features. The lots and lot arrangement shall be such that no foreseeable
ifficulties will be created, due to topography and other natural conditions, for the securing of
uilding permits to build on all lots in compliance with the Zoning Code and the Environmentally
ensitive Areas Protection Ordinances, as now enacted or hereafter amended, and all other applicable
egulations.
D. Large Lots. Where property is subdivided into lots which are of sufficient size
o be resubdivided, the lots and streets shall be arranged so as to permit later resubdivision in
onformance with the Zoning Code, as now enacted or hereafter amended, the Subdivision
egulations Ordinance, as now enacted or hereafter amended, and this Chapter. (Ord. 3042 §1 (part)
/28/00; Ord. 2948 §2 (part) 2/14/97; Ord. 2880 §1 (part) 8/25/95; Ord. 2865, 5/12/95; Ord. 2631 §1,
/29/91; Ord. 2222 §7, 8/11/82.)
anhandle.
16.04.080 Preliminary Short Plat - Routing and Staff Recommendations.
A. Upon receipt of an application and preliminary short plat satisfying the
equirements of Sections 16.04.050, 16.040.060 and 16.04.070 of this Chapter, the Planning
ommuni Develo , ment Department shall distribute the preliminary short plat to the following
departments:
1.
City Public Works & Utilities Department;
N.
. ..
23.. City Fire Department;
34. Clallam County Health Department if a septic tank and drain field is to
be allowed;
45. Any other appropriate department or agency.
B. Each Ddepartment or agency shall review the preliminary short plat and return
- 5 -
written recommendations for approval or disapproval of the preliminary short plat, and, if
appropriate, proposed conditions for approval, to the Planning Community Development Department
within twenty calendar days. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §8, 8/11/82.)
16.04.090 Preliminary Short Plat - Requirements for Approval. Prior to acting on the
preliminary short plat, the Planning Community Development Director shall review the application
for preliminary short plat approval, the preliminary short plat, and any information received pursuant
to Sections 16.04.050 through 16.04.080, to determine the compliance of the preliminary short plat
with the following requirements:
A. Necessary drainage ways or storm drain facilities must be adequate to serve the
short subdivision as set forth in the Comprehensive Plan and Urban Services Ordinance development
Standards.
B. The provision of streets and rights -of -way must be adequate to serve the short
subdivision and comply with Sections 16.04.070 and 16.04.140 of this Chapter and as set forth in the
Tomprehensive Plan and Urban Services Ordinance developrmentstandards, and the Urban Services
Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and
,18.08.130.
C. Water supply and fire protection facilities must be adequate to serve the short
subdivision and comply with Section 16.04.140 of this Chapter and as set forth in the Comprehensive
Plan and Urban Services Ordinance , and the Urban Services Standards and
,Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
D. Sanitary sewer facilities must be adequate to serve the short subdivision and
comply with Section 16.04.140 of this Chapter, and as set forth in the Comprehensive Plan and
Jrban Services Ordinance deveopmcntstandards, and the Urban Services Standards and Guidelines
/promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, or a septic tank system
rust have been approved by the Clallam County Department of Health.
E. The short subdivision lot arrangement must comply with the policies of the
Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Tomprehensive Plan.
F. The proposed short subdivision must be compatible with existing and planned
Ievelopment of the surrounding area.
G. The proposed lots must comply with the requirements of Ordinance 1709, as now
enacted or hereafter amended, and Section 16.04.070 of this Chapter. (Ord. 2880 §1 (part) 8/25/95;
Ord. 2222 §9, 8/11/82.)
16.04.100 Preliminary Short Plat - Approval - Conditions.
A. Within thirty calendar days of receipt of the application, the g Community
Development Director shall determine if appropriate provisions for the public health, safety and
general welfare of the community have been made, shall determine if any public nuisance would be
created, and shall further determine if the public use and interest will be served by approving the
-preliminary short plat, based upon compliance with Sections 16.04.010, 16.04.050 and 16.04.090 of
;his Chapter.
B. Based upon that determination, the Plaiuling Community Development Director
shall approve, approve with conditions, or disapprove the preliminary short plat; or may return the
-preliminary short plat to the applicant for modification, if significant revisions of the preliminary
short plat are required.
6
C. The decision of the Winning Community Development Director shall be in
writing, 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. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 § 10,
8/11/82.)
16.04.110 Preliminary Short Plat - Approval - Effect. Approval, or approval with
conditions, of a preliminary short plat shall authorize an applicant and/or property owner to proceed
with the preparation of the final short plat. (Ord. 2222 §11, 8/11/82.)
16.04.120 Appeals.
A. Any person aggrieved by the decision of the Planning Community Development
Director under Section 16.04.100 may appeal the decision to the City Council.
B. Appeals shall be submitted to the Planning Community Development Department
in writing within fourteen days following the date of mailing the decision to the applicant.
C. The City Council shall hear the appeal, may uphold, reverse, or modify the
decision and shall set forth written findings of fact. (Ord. 2911 §7, 3/29/96; Ord. 2880 §1 (part)
8/25/95; Ord. 2222 §12, 8/11/82.)
16.04.130 Final Short Plat - Filing Time Limit.
A. Within five years of the Planning Community Development Director's approval
pf a preliminary short plat, the applicant and/or property owner shall submit a final short plat to the
PI-arming Community Development Department which is in compliance with the approved
preliminary short plat.
B. Failure to submit a proposed final short plat within the five years shall terminate
he preliminary short plat approval. (Ord. 2880 §1 (part) 8/25/95; Ord. 2719 §1, 11/13/92; Ord. 2222
§13, 8/11/82.)
16.04.140 Final Short Plat - Improvements - Required. The following minimum
improvements shall be made or installed for each lot created by the short subdivision, before final
short plat approval:
A. Watermains and other appurtenances necessary to provide adequate potable water
supply and fire protection as set forth in the Comprehensive Plan, the Urban Services Ordinance and
he Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130;
B. Sanitary sewer or approved septic tank and drain field site;
C. Power, telephone, and all other necessary utilities.
D. Appropriate dedications or easements if required;
E. Minimum street improvement cross - section standard as set forth in the
Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and
Guidelines:
1. Improvements to Local Access Streets: Frontage and Local
access streets -• - that front or will provide access from the nearest
fully improved City street to newly created lots shall be improved to a minimum of 20 -foot wide
asphaltic concrete street with one 3 -foot wide shoulder and one 6 -foot wide shoulder for pedestrian
-raffle. All dead -end City streets in excess of 150 feet in length shall be asphaltic concrete paved and
provided with a turn- around consistent with the Urban Services Ordinance, the Urban Services
7
Standards and Guidelines, and the Uniform Fire Code.
2. Improvements to Arterial Streets: Arterial streets that front or will provide
access to, front, the lots or parcels being developed shall be improved to the minimum City
arterial street improvement standards.
3. EXCEPTION: The Public Works & Utilities Department shall require
the minimum standard to be increased to match the immediately adjoining City street when the
immediately adjoining City street is more fully developed than the minimum standard. This
exception shall not apply to short plats when the City finds that there will be an economic and
physical hardship in relocating public utilities and there will be no increase in the number of lots
within a subject short plat.
F. Roadway Drainage ditches and/or culverts shall be provided to address existing
and anticipated storm water run -off occurring on the site and/or within the pi' City
rights -of -way and easements as set forth in the Urban Services Ordinance and Clearing and Grading
Ordinance development standards.
G. The subdivider shall provide a street profile acceptable to the Public Works &
Utilities Department for the frontage local access streets if the final street grade has not been
previously established or accepted by the City.
H. The subdivider shall execute an L.I.D. consent and non - protest agreement or
ether agreement acceptable to the City for street and utilities improvements on the principal frontage
local access streets whenever required improvements are less than the City's full development
standards, as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
•
and 18.08.130 .. .. _ .
I. The subdivider shall provide all other public improvements as may be required
as and set forth in the Comprehensive Plan, and the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130 .
J. When commercially zoned property is being short platted without any increase
in the number of lots, the minimum improvements required by this Section may be made or installed
after short plat approval without the necessity of being bonded, provided that the final short plat shall
be conditioned to provide that such improvements shall be made or installed as part of the building
permit process, that vertical construction of the building shall not begin unless or until the Uniform
Fire Code's fire hydrant requirement has been met, and that the property or development shall not
be occupied until such improvements have been completed, provided further that said construction
shall be noted on the final plat.
K. Sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and RCW
58.17.110. (Ord. 3042 §1 (part) 1/28/00; Ord. 2948 §2 (part) 2/14/97; Ord. 2920, 6/14/96; Ord. 2909
§1, 3/15/96; Ord. 2880 §1 (part) 8/25/95; Ord. 2631 §2, 3/29/91; Ord. 2222 §14, 8/11/82.)
16.04.150 Final Short Plat - Improvements - Bond in Lieu When.
- -
'
. . ., • . . . 1 1 1 • . . . . . . . . . '
-16.04.140,
subject to the approval of the City Engineer as to amoanl aria th. City Alto1 C aslo 01 11
and content. If the developer of a plat elects to assign savings or provide other security or trust
approved by the City and thereby assure that the installation of the required improvements for final
plat approval will be done to the satisfaction and approval of the City Engineer, building permits for
;he construction of houses within the plat will be issued subject to the following conditions:
1. The final plat must have received all required approvals and be recorded with the
county Auditor.
2. No occupancy of any dwelling units will be allowed until all street and utility
-8-
improvements have been completed and approved by the City Engineer. (Ord. 2880 §1 (part) 8/25/95;
Drd. 2222 §15, 8/11/82.)
16.04.160 Final Short Plat - Contents.
A. Upon completion of physical improvements as required by Section 16.04.140,
x. acceptance of a bond under Section 16.04.150, a final short plat may be submitted for approval.
B. The final short plat shall be an eighteen -inch by twenty -four inch permanent
- eproducible mylar, and shall be at a scale of not less than one hundred feet to one inch. The final
ahort plat and six 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
nclude 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, as adopted by the City,
and shall show the following:
1. A minimum of two permanent plat control monuments to which all
dimensions, bearings, azimuths and similar data on the plat are referred;
2. Permanent monuments at all corners.
3. Subdivision boundary lines, right -of -way lines, easements, lot lines with
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves;
4. Name and right -of -way width of each street. Any street not dedicated to
he public must be so marked on the face of the plat;
5. Locations, dimensions, and purpose of all easements;
6. The required building setbacks on each proposed lot;
7. Required building setbacks and the location of any existing buildings
4nd/or major structures shall be shown on each proposed lot as well as their distances from property
ines.
8. Identification of each lot;
9. Purpose for which sites are dedicated to the public;
10. Location and description of all monuments;
11. The legal description of the proposed lots.
12. The title under which the subdivision is to be recorded, true North and
grid North arrows, scale, and legend;
13. Legal description of the land to be platted;
14. Certification by registered land surveyor as to the accuracy of plat and
urvey;
15. Certificate by owner(s) dedicating roads, rights -of -way, easements, and
4ny sites for public purposes;
16. Certification of approval by:
a. The Planning Community Development Director,
b. The Public Works & Utilities Director; and
c. The Fire Chief;
17. House addresses shall be provided by the City and must be clearly shown
on the short plat at the time of approval pursuant to RCW 58.17.280.
18. Certification by the County Treasurer that all State and County taxes
evied against the land to be subdivided have been paid in full;
19. Certification of filing by County Auditor;
20. If improvements are to be bonded rather than actually installed prior to
final plat approval, the plan 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
9
Engineer." (Ord. 2948 §2 (part) 2/14/97; Ord. 2909 §2, 3/15/95; Ord. 2880 §1 (part) 8/25/95; Ord.
2391 §1, 5/30/86; Ord. 2222 §16, 8/11/82.)
16.04.170 Final Short Plat - Routing for Review.
A. Upon receipt of a final short plat, the Planning Community Development
Department shall circulate the final short plat to the following departments:
;
12. Public Works & Utilities Department;
23. Fire Department.
B. If the final short plat complies with the requirements of this Chapter and the
approved preliminary short plat, the Department head shall signify approval by signing on the face
of the final short plat.
C. In the event the final short plat fails to comply with specific standards or
conditions of preliminary plat approval, the Ddepartment shall so notify the Plahning Community
Development Director in writing. (Ord. 2391 §2, 5/30/86; Ord. 2222 §17, 8/11/82.)
16.04.180 Final Short Plat - Final Approval Procedure.
A. Within thirty calendar days of receipt of the proposed final short plat, the
Nanning Community Development Director shall:
1. Review the final short plat for compliance with preliminary plat
conditions;
Departments; and
2. Review the comments and recommendations of all appropriate
3. Ascertain from the Public Works & Utilities Department that the required
physical
improvements, in accordance with Section 16.04.140, have been installed or financial security has
been provided therefor.
B. If the Planning Community Development Director is satisfied that all ofthe above
have been met, then he shall approve the final short plat by affixing his signature to the face thereof.
C. 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.
D. Appeal from the Planning Community Development Director's decision shall be
made in accordance with Section 16.04.120. (Ord. 2880 §1 (part) 8/25/95; Ord. 2222 §18, 8/11/82.)
16.04.190 Final Short Plat - Filing and Recordation. The applicant and/or property
owner and/or surveyor shall file the final short plat with the Clallam County Auditor's Office within
:en calendar days of the date of the Plaluliag Community Development 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 Plaurning Community Development Department within ten calendar days
Dffiling. (Ord. 2222 §19, 8/11/82.)
16.04.200 Resubdivision by Short Plat Prohibited. Short plats may not be further
livided in any manner within a period of five years without the filing of a final plat, except that when
;he short plat contains fewer than four parcels, nothing shall prevent the owner who filed the short
blat from filing an alteration within the five year period to create up to a total of four lots within the
- 10-
original short plat boundaries. (Ord. 2741 §1, 1/29/93; Ord. 2222 §20, 8/11/82.)
16.04.205 Agreements to transfer land conditioned on final plat approval — Authorized.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of
land following preliminary plat approval is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to PAMC
16.04.210 or 16.04.220 and does not violate any provision of this Chapter. All payments on account
of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or
other regulated trust account and no disbursement to sellers shall be permitted until the final plat is
recorded.
16.04.210 Injunctive Action to Enforce Chapter. Whenever any parcel of land within
the City 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 Chapter, 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 Chapter. The cost of such
action shall be taxed against the person, firm, corporation, or agent selling or transferring the
property. (Ord. 2222 §21, 8/11/82.)
16.04.220 Violation - Penalty. Any person, firm, corporation, or association, or any
agent of any person, firm, corporation or association who violates any provision of this Chapter
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 Chapter shall be deemed
a separate and distinct offense. Each such offense may be penalized by a fine of up to five hundred
dollars or ninety days in jail. (Ord. 2222 §22, 8/11/82.)
Section 2. Ordinance 1631 as amended and Title 16 of the Port Angeles Municipal
Code are hereby amended by amending Chapter 16.08 PAMC to read as follows:
CHAPTER 16.08
SUBDIVISION REGULATIONS
Sections
16.08.010 Purpose and Intent.
16.08.020 Authority and Jurisdiction.
16.08.030 Definitions.
16.08.040 Applicability.
16.08.045 Parcels Traversed by Public Ways.
16.08.050 Procedure.
16.08.060 Standards and Policies.
16.08.070 Requirements for Acceptance of Plats.
16.08.080 Variances.
16.08.090 Validity.
16.08.095 Agreements to transfer land conditioned on final plat approval -
Authorized.
16.08.100 Enforcement and Penalties.
16.08.110 Plat Occupancy.
16.08.010 - Purpose and Intent.
A. PURPOSE. Land subdivision is the first step in the process of community
evelopment. Once land has been cut up into streets, lots, and blocks and has been publicly recorded,
he correction of defects is costly and difficult. It is therefore in the interest of the public, the
eveloper, and future property owners that subdivisions be designed and developed in accordance
ith sound rules and proper minimum standards.
The purpose of this Chapter is to provide uniform regulations for the subdivision and
esubdivision of land into five or more parcels, so as to promote the public health, safety and general
elfare. It is further the purpose of this Chapter to implement the requirements of the Growth
anagement Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of
he City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the
ity, to ensure orderly growth consistent with the desired urban design of the City, to promote
ffective and energy- efficient use of land, to prevent over - crowding of land, to provide for adequate
ight and air, to promote safe and convenient travel and lessen congestion on streets and highways,
o provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage ways,
ransit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools
nd school grounds, sidewalks and safe walking conditions on school routes, and other public
equirements, to require uniform monumenting of land subdivisions and conveyancing by accurate
egal description, and to prevent the creation of public nuisances.
B. INTENT. It is the intent of these regulations to provide the minimum controls
equired to ensure that all platting and subdivision of land in the City of Port Angeles shall be in the
ublic interest and shall meet minimum standards of public health and public safety. (Ord. 2880 §2
part) 8/25/95; Ord. 1631 §1, 11/14/67.)
16.08.020 - Authority and Jurisdiction.
A. AUTHORITY. The Planning Commission is designated and assigned the
dministrative and coordinating responsibilities contained herein, pursuant to the Laws of the State
f Washington, for the recommendation of approval or disapproval of plats, subdivisions and
edications.
B. JURISDICTION. The City Council shall appoint a person who shall have the
uthority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. (Ord.
631 §2, 11/14/67.)
16.08.030 - Definitions.
A. ACCESS STREET - A street with the main function of providing access to
djacent properties or for local traffic.
B. BUFFER STRIP - An area or strip of land located and planted with trees and
- 12 -
shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public
Buildings are sometimes used as a buffer.)
C. COLLECTOR ARTERIAL STREET - A street which provides for movement
within the smaller areas which are often definable neighborhoods and may be bound by higher class
:minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high
-portion of local traffic requiring direct access to abutting land uses.
D. COMMISSION - The City of Port Angeles Planning Commission.
E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The
,.7ity of Port Angeles Community Development Department.
FE. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in
.ompliance with the Growth Management Act of 1990 and which indicates the general locations
-ecommended for residential, commercial, and industrial land uses or zones and for streets, parks,
-public buildings, and other public improvements. The Comprehensive Plan includes all its
Appendices and individual comprehensive service and facility plans such as the Capital Facilities
Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan.
GE. COUNCIL - Port Angeles City Council.
HG. CROSSWALK -WAY - A right -of -way dedicated to public use, ten feet or more
n width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
IH. CUL -DE -SAC - (Court or Dead End Street) - A short street having one end open
;o traffic and being permanently terminated by a vehicle turn- around.
J. DEDICATION - The deliberate appropriation of land by an owner for public
,ises, 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
)e evidenced by the owner by the presentment for filing of a final subdivision plat showing the
iedication thereon. Acceptance of the dedication by the City shall be evidenced by the approval of
such final subdivision plat.
K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street
System as described by the Comprehensive Plan land use map and policies, the zoning map and
gulations,the subdivision regulations, and the Urban Services Standards and Guidelines.
Li. EASEMENT - A grant by the property owner of the use of a strip of land by the
-public, a corporation, or persons for specific purposes.
MJ FINAL PLAT - The final drawing of the subdivision and dedication prepared for
Tiling for record with the County Auditor and containing all elements and requirements set forth in
;his Chapter.
NK. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks,
;rosswalk -ways, water mains, sanitary and storm sewers, street trees, power and other appropriate
tems.
Oh LOT - A portion of a subdivision or other parcel of land intended as a unit for
transfer of ownership or for development.
PM. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot
which abuts a public street shall be considered the front of said lot.
QN. MINOR ARTERIAL STREET - A street which provides for movement within
he large sub -parts prescribed by principal arterials. Minor arterials may also serve "through traffic"
`put provide very much more direct service to abutting land uses than principal arterials.
Re. OWNER - A person, firm, association, partnership, private corporation, public
or quasi - public corporation, or any combination thereof.
- 13 -
SP. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential
development is a site specific development which has been approved by the City Council under the
provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of
and in which residential lots are designed in clusters of individual lots with park and open space
areas between clusters and in which lots may be below the minimum lot widths and lot areas required
')y the Zoning Code.
TQ. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision
consistent with the requirements of this Chapter.
UR. PRINCIPAL ARTERIAL STREET - A street which provides for movement
across and between large sub -parts of an urban region and serve predominantly "through trips" with
minimum direct service to abutting land uses.
VS. STREET - A right -of -way, dedicated to public use, which provides vehicular and
pedestrian access to adjacent properties.
WT. SKETCH - A drawing showing proposed lot - layout, building line setbacks and
proposed locations and width of streets, width and area of each lot, sanitary and storm drainage.
XU. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or
he resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for
he purpose, immediate or future, of transfer of ownership or development, including all changes in
street or lot lines.
NW. SUBDIVISION - The dividing of a lot, tract or parcel of land into five or more
ots or other division of land for the purpose, immediate or future, of transfer of ownership or
development, including all changes in street or lot lines. (Ord. 2880 §2 (part) 8/25/95; Ord. 1631
§3, 11/14/67.)
16.08.040 - Applicability. A final subdivision, approved in accordance with the
? rovisions of this Chapter and filed with the County Auditor, is required for all subdivisions within
he City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided,
altered, or vacated without compliance with the terms of this Chapter. (Ord. 2880 §2 (part) 8/25/95)
16.08.045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys,
and other public ways, which traverse a parcel of land under one ownership, will be considered to
have divided that land into non - contiguous pieces without further need for complying with
subdivision requirements. (Ord. 2880 §2 (part) 8/25/95)
16.08.050 - Procedure
A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed
subdivision of land to the City Planning Community Development Department for review prior to
submittal of the Preliminary Plat.
B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit
six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the City
Tlali ning Community Development Department. The amount of the filing fee shall be as established
by ordinance and set forth in Chapter 3.70 PAMC. The City Planning Community Development
Department shall submit written recommendations to the Planning Commission prior to the
Commission's public hearing in which the Preliminary plat is on its agenda.
The proposed plat shall be prepared by a licensed land surveyor and shall be submitted
- 14-
o the City-PIamring Community Development Department at least thirty (30) days prior to the public
earing of the City Planning Commission.
Notice of the public hearing on a proposed plat or subdivision shall be posted by the
eveloper in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices
hall clearly indicate the time and place of the public hearing and shall be posted not less than ten
ays prior to the hearing.
The Planning Commission shall examine the proposed plat, along with written
ecommendations of the City Departments„ and shall recommend either approveal or disapprove
thereon to the City Council. Within a period of ninety (90)
ays after a preliminary plat has been submitted to the Community Development
epartment and other affected agencies, the City Council shall either approve or disapprove the
roposed Preliminary plat. The ninety (90) days time period may be extended with the consent of
he applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not
nclude the time spent preparing and circulating the EIS.
Following final action of the City Council on a preliminary plat, the Plalnlliig
Development Department shall notify the developer regarding changes required and the
e and extent of improvements to be made. A copy of the Coininissi.,n 5 City Council's action and
ecommendations shall be forwarded to the developer and to any agency submitting recommendations
n regard to the preliminary plat.
Approval of a preliminary plat shall be considered conditional approval of the
reliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as
pproval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat.
If the preliminary plat is approved by the City Council, the developer, before requesting
anal approval, shall elect to install or assure installation of the improvements required by Section
6.08.070 PAMC by one of the following methods:
1. Actual installation of the required improvements, to the satisfaction and
pproval of the City Engineer;
2. Furnishing to the City an assignment of a savings account or another
pproved security or placing in trust, an amount equal to 150% of the cost of the improvements as
etermined by the City Engineer, which assignment of savings account, other security, or trust shall
ssure to the City the installation of the improvements, to the satisfaction and approval of the City
ngineer. This savings account, or other security, or trust shall be conditioned so that no amount may
e removed therefrom without prior written approval of the City, and shall further provide that, if the
mprovements are not installed within the time limitations set by the City Engineer, or not installed
o the satisfaction of the City Engineer, then the City may withdraw from the savings account, other
ecurity, or trust the amount necessary to complete the improvement. The City Engineer shall
etermine the period of the assignment of the savings account, other security, or the trust.
After completion of all required improvements the City Engineer and any government
gency involved shall submit a written notice to the Plaiuiing Community Development Department
tating that the developer has completed the required improvements in accordance with PAC
6.08.070 and with required installation standards.
enial
ommum
C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as
pproved by the City Council. If desired by the developer, the Final plat may constitute only that
ortion of the approved Preliminary plat which he proposes to record and develop at the time.
The Final plat shall be submitted to the Planning Community Development Department
- 15 -
ithin five years after City Council approval of the Preliminary plat. Said preliminary approval shall
ecome void unless a Final plat is submitted and approved by the City.
The developer shall submit a Mylar tracing and six (6) prints (or more if required) of the
final plat and other required exhibits, including a filing fee, to the City Planning Community
evelo ,ment Department at least fourteen days prior to the meeting in which the Final plat is to be
onsidered by the Planning Commission. The amount of the fee shall be set by Resolution of the City
ouncil and may be amended or changed by Resolution from time to time, or as necessary.
The Planning Commission shall review the Final plat to determine if the plat conforms
ith the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land
se regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines, and
hese Subdivision Regulations and shall make its recommendation to the City Council.
If the Planning Commission recommends approvcsal of the Final plat, the Chairperson
hall sign the Final tracing.
Following the recommendation of approval of the Final plat by the Planning
ommission, the eitr Planning Community Development Department shall obtain the signatures of
he County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief,
irector of Public Works and Utilities, Planning Community Development Director, and City
ttorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for
pproval and signature by the Mayor.
At least ten days prior to the public hearing of the City Council in which the Final plat
s to be considered, the developer shall post a notice regarding said hearing in a conspicuous location
n the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30)
ay limit may be extended from the date of the Final plat being filed with the Planning Community
evelo s ment Department with the consent of the applicant.
The developer shall have his the Final plat recorded within thirty (30) days from the date
is Final plat is approved by the City Council.
After obtaining signatures of City officials and prior to thirty (30) days after recording,
he developer shall obtain and give to the City Engin zi Community Development Department a
ylar or equivalent duplicate of the Final plat.
D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When
proposed plat or subdivision is situated adjacent to the right -of -way of state highways, said plat or
ubdivision shall be submitted to the Director of Highways. Approval by the Commission City shall
e withheld until said Director or his assistant has made a report to the Commission City.
When a proposed plat, subdivision or dedication is adjacent to unincorporated territory
otice of such proposed plat shall be given to the Clallam County Planning Commission.
Any decision by the City Council approving or refusing to approve a plat or subdivision
hall be reviewable for arbitrary, capricious or corrupt action or non - action, by petition before the
uperior Court of Clallam County, by any aggrieved property owner of the county having
urisdiction thereof who ducins himself aggiicoeel thereby. Provided, that due application for petition
hall be made to such court within twenty -one days from the date of any decision so to be reviewed.
Ord. 3042 §2 (part) 1/28/00; Ord. 3007 §4, 1/15/99; Ord. 2990 §3, 5/15/98; Ord. 2880 §2 (part)
/25/95; Ord. 2789 §12 1/1/94; Ord. 2743 §l, 1/29/93; Ord. 2719 §2, 11/13/92; Ord. 2143 §2,
/31/81; Ord. 2034 §1, 7/16/79; Ord. 1631 §4, 11/14/67.)
- 16 -
'T
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and/or lot pattern for any zone
in Port Angeles has been made by the City Council or the Planning Commission, the street layout of
any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed
streets in new subdivisions shall conform to the Comprehensive Plan, and the Urban Services
Ordinance asadopted., the Urban Services Standards and Guidelines promulgated consistent with and
bursuant to PAMC 18.08.040 and 18.08.130, and the standards and requirements of this Chapter.
No territory proposed to be subdivided shall be a part of, nor encroach upon, any area
Designated in the Comprehensive Plan for future public facilities.
No plan for the platting, reflating, subdivision, or dedication of any area shall be
approved by the City unless each lot shall abut on a dedicated, improved, and maintained City street
end such street shall connect directly to an existing improved street that meets current street
mprovement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and
the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
J8.08.040 and 18.08.130.
yAisting iCW
If any existing rights -of -way abutting the property being subdivided do not meet
ilinimum width standards, additional right -of -way shall be required in accordance with the standards
,as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services
,Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and
,18.08.130. Where the Comprehensive Plan or the City's official street plan indicates the necessity
of a new right -of -way of a required width or portion thereof for street purposes, whether within a new
flat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such
- equired right -of -way or portion thereof shall be dedicated to the City of Port Angeles by the filing
of a plat.
The area of a cemetery in one unit shall be not more than eighty (80) acres, which may
or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by
dedicated or unplanted streets the areas on opposite sides of said streets shall form and be considered
separate units.
Sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. The
?lanning Commission may require plats to provide areas for parks, playgrounds, open spaces,
recreation facilities, schools, school grounds, safc walking conditioas oil s.,liuul iuutvb, transit stops,
and drainage ways.:
Each proposed subdivision and the ultimate use of the land therein shall be in the
nterests of public health, safety and welfare, and subdivides shall be prepared to present evidence
o this effect when requested by the Commission City.
Restrictive covenants not contrary to existing regulations regarding the use of land,
;overning and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat of land within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Zoning Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest
,tnv uroan Jcrviccs Viflindih c, ana tliG uruan JGi vIces an affts afld tiU1 1 pfoiliulgak
- 17 -
standard shall apply.
B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that
appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring
coordination of streets within subdivisions with existing or planned streets, or with other elements
of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3)
distribution of population and traffic which will create conditions favorable to public health, safety
and convenience.
The Commission shall inquire into the public use, interest or need proposed to be served
by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will
not serve the public use, interest or need, the Commission may recommend denyial approval of such
subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive
Plan and Urban Services Ordinance.
Land which the Commission has found to be unsuitable for subdivision due to flooding,
bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety, welfare
and general health of the future residents, - and the Commission considers inappropriate for
subdivision, - shall not be subdivided unless adequate methods which are consistent with the City's
Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by the
developer and approved by the City Engiiiet.i. Community Development Director.
C. STREETS AND ROADS.
1. The arrangement, character, extent, width, grade and location of all road
streets shall conform with the Comprehensive Plan, including the Capital Facilities Plan, the Urban
Services Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in
their relation to existing and planned roads, to topographic conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement
pf streets in a subdivision shall either provide for the continuation or appropriate projection of
existing alajoi streets in the surrounding area; or shall conform to a street plan for the neighborhood,
approved by the Commission City, to meet a particular situation where topographic or other
conditions make continuance or conformance to existing roads streets impracticable. This shall also
apply to cluster subdivisions.
3. If a preliminarrorsttggested street plan for an area has been made by the
Commission City, the street layout of a proposed subdivision in such an area shall be in general
conformance to the plan.
4. When a portion of a subdivider's tract is to be subdivided, a street plan
For the entire tract shall be submitted to indicate how the street pattern of the plat submitted will
coordinate with the entire tract when fully platted and with streets in the surrounding area.
5. Where a tract is subdivided into lots or tracts larger in
area than twice the minimum lot size, the Commission City may require an arrangement of lots and
streets such as to permit a later re- subdivision in conformity with the street and lot requirements
specified in these Regulations.
ttQ gnnornaoas.
687 Where a proposed subdivision abuts or contains an existing or proposed
major-road arterial street or is adjacent to an existing or planned business, commercial or industrial
- 18 -
district, the Commission City may require treatment as may be necessary (1) for the adequate
protection of residential properties; and (2) to afford separation of through and local traffic.
79. Where a subdivision borders or contains a railroad or limited access
highway right -of -way, the Commission City may require a road approximately parallel to and on each
side of such right -of -way at a distance suitable for appropriate use of the intervening land. Such
distances shall also be determined with due regard for the requirements of approach grades and future
grade separations.
8+0. Streets shall be laid out so as to intersect as nearly as possible at right
angles. Acute angle intersection shall be avoided.
9 ++. There shall be no reserve strips controlling access to roads, except where
the control of such strips is definitely placed in with the City under conditions approved by the
Commission.
10+2. Sidewalks and other planning features that assure safe walking conditions
for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and
58.17.110.
D.
BLOCKS.
1. The lengths, widths and shapes of blocks shall be determined with due
regard to provision of adequate building sites suitable to the special needs of the type of land use
contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities
of the topography and other environmental constraints, and needs for convenient access, circulation,
control and safety of vehicular and pedestrian traffic, and the desired urban design of the City.
2. Where the local access streets follow a grid system., Pthe width of blocks
shall be sufficient for two (2) tiers of lots, unless existing conditions are such, in the judgment of the
Comnii sinth City, to render such requirements undesirable or impractical.
3. Where the local access streets follow a curvilinear system, the size of
blocks should follow the large rectangular area bounded by arterial streets, unless future
considerations are such that, in the judgment of the City, will render such allowances undesirable or
impractical.
43% For residential subdivisions, Wwhere frontage is on a ivajur road an
arterial, the longshort dimension of the block should
front the arterial.
. •
.1.
54. Pedestrian crosswalk -ways and sidewalks shall be required where deemed
essential to provide circulation or access to schools, playgrounds and parks, shopping centers, areas,
transportation arterial streets and trails, and other community facilities.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum
building setback lines shall be appropriate for the location of the subdivision, for the type of
development and land use contemplated, and for the type of street system planned for the area., and
shall conform with the requirements of the Zoning Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have
a depth greater than twice three times its width.
3. Corner lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing of land
shall provide, by means of a public street, each lot with satisfactory direct access to an existing public
street that is improved to City street standards.
- 19 -
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from-traffrc-arteries arterial streets or to
overcome specific disadvantages of topography and orientation. A planting screen easement across
which there shall be no right of access shall be provided along the line of lots abutting such a ti it,
artery principal arterial street or disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines
and front lot lines.
7. No lot or lots for residential purposes shall be divided or sold into
additional lots or building sites, without compliance with • .. ' ' ' . : • . ' . Title 16
PAMC.
F. PUBLIC SPACES.
1. Where a proposed park, playground, school, or other public use shown
in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is
located in whole or in part in a subdivision, the Coiiunib ivii City may require the dedication or
reservation of such area within the subdivision in those cases in which the Commission City deems
such requirement to be reasonable.
2. Where deemed essential by the Co mi1isbio1r, City due to the location of
the subdivision and upon consideration of the particular type of development proposed in the
subdivision, and especially in
Corprclrcnsivc Plair, subdivisions of 30 lots or more, the Commission City may require the
dedication or reservation of such areas or sites of a character, extent and location suitable to the needs
created by such development large subdivisions for schools, parks and other neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas
Protection Ordinance.
G. EASEMENTS.
1. Utility easements shall be provided, centered on front, rear, or side lot
lines, where possible.
2. Where a subdivision is traversed by a water course, drainage way,
channel, or stream, there shall be provided a storm water easement or drainage right -of -way
conforming substantially with the lines of such water course, and such further width or construction,
or both, as will be adequate for the purpose. Parallel roads or parkways may be required in
connection therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference
to the dimensions of full grown trees and in accordance with the determinations and standards of the
City Engineer Public Works & Utilities Department.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the
following standards may be made by the CommisDivir City, where topographic or other existing
conditions make adherence to these Regulations impractical.
J. STREET IMPROVEMENTS. Street Improvements shall be provided in
accordance with the Urban Services Standards and Guidelines promulgated consistent with and
pursuant to PAMC 18.08.040 and 18.08.130.
K. BLOCKS.
1. Maximum length of all blocks shall be approximately twelve hundred
• 999 .
. •
(1200) feet.
- 20 -
2. Minimum length of all blocks shall be approximately five hundred (500)
feet.
3. Crosswalk -ways shall may be required near the middle of all blocks
longer than approximately eight hundred (800) feet.
4. Minimum width of all blocks with two tiers of lots (plus width of alley,
T any), shall be-two three hundred (200) (300) feet.
L. LOTS.
1. The minimum width, depth, area and setback dimensions of all lots in
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat
approved by the City is more restrictive than the said Regulations, then the most restrictive dimension
shall apply.
M. BUILDING LINE SETBACK.
1. The building line setback from the property lines of all lots shall be
indicated by a dashed line on all plats.
2. Required setbacks are a minimum, not a uniform standard. Varied
setbacks along a street help avoid a monotonous barracks appearance.
N. STANDARD PIPE SIZE.
The size of water, sanitary and -storm sewer, and storm drainage pipes shall be
as set forth in the Comprehensive Plan and Urban Services Ordinance, the Urban Services Standards
and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
O. PROCEDURE FOR REIMBURSEMENT
Procedures for reimbursement shall be the same as that set forth in Section
13.68.140 PAMC.
P. SIGNAGE One (1) free standing sign no larger than twenty -four (24) square
feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a
locateclion in conformance with the development standards of a particular zone. (Ord. 3042 §2 (part)
1/28/00; Ord. 2977 §2, 12/26/97; Ord. 2948 §3 (part) 2/14/97; Ord. 2880 §2 (part) 8/25/95; Ord. 2795
§1, 2/11/94; Ord. 2743 §2, 1/29/93; Ord. #2732 §16, 12/25/92; Ord. #1881 §1, 6/23/76; Ord. #1631
§5, 11/14/67)
16.08.070 - Requirements for Acceptance of Plats.
A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT.
The preliminary plat shall be at a scale of not less than two hundred (200) feet
to one (1) inch. Data required for the preliminary plat shall include the following information, unless
otherwise specified by the City Enginei..
1. Location, width and purpose of all easements, existing and proposed.
2. Name and right -of -way widths of all existing and proposed streets on or
adjacent to the proposed subdivision.
3. Approximate location and size of all utilities (water mains, sewers, etc.)
on an adjacent to the proposed subdivision.
4. Contours, based on City adopted vertical datum, shall have intervals of
not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less.
5. Locations of and results of tests made to ascertain subsurface soil, rock,
and ground water conditions, when required by the City Engineer.
6. Approximate locations of water courses, marshes, rock outcrops, wooded
areas, natural retention areas, direction of drainage, culverts, houses, all non - residential land uses and
-21 -
all other significant features on and adjacent to the proposed subdivision.
7. Zoning on and adjacent to the proposed subdivision.
8. All highways or other major improvements planned by public authorities
for future construction on or near the proposed subdivision.
9. A vicinity sketch showing relation of the proposed subdivision to the
surrounding area with regard to major improvements.
10. The legal description of the tract to be platted, title under which the
proposed subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow.
11. The legal description of the proposed lots.
12. Ownership ofunsubdivided land adjacent to the proposed subdivision and
names of adjoining existing plats.
13. The required building setbacks and any existing buildings and/or major
structures shall be shown for each proposed lot as well as their distances from property lines.
14. Identification of each lot and each block.
15. Approximate square footage and scaled dimensions of each lot.
16. Summary of site data, including total acreage, acreage in residential use,
acreage in streets, and number of acres in parks and other non - residential land uses.
17. Environmental Checklist with filing fee.
18. Shoreline and Wetland permit applications and Environmentally Sensitive
Areas Protection Ordinance compliance (when required).
19. Affidavits of posting and publication.
B. SUBDIVISION IMPROVEMENTS REQUIRED. All roadway street and utility
improvements must be designed to comply with the current APWA standards and as specified by the
City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040
and 18.08.130. Plans and specifications for roadway street and utility improvements must be
approved by the City Engineer prior to the beginning of construction. Minimum improvements shall
be as follows:
C. STREETS .
1. The entire right -of -way shall be cleared and grubbed of all objectionable
materials. Trees approved by the City for preservation shall be identified.
2. Streets shall be graded and improved with paving, curbs and gutters,
drainage and sidewalks according to the approved plans and roadway section.
3. Street lights shall be installed as specified by the City Engineer.
4. Street name signs shall be provided and installed by the City at cost to the
developer.
5. Permanent monuments shall be installed, and each lot shall be staked.
D. UTILITIES. A water distribution system, storm drainage system, electrical
distribution system and a sanitary sewage disposal system shall be designed and installed in
accordance with the Comprehensive Plan, and theUrban Services Ordinance
nd the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
i18.08.040 and 18.08.130.
E. PARKS. Parks and recreation shall be provided consistent with the
Comprehensive Plan, and -the Urban Services Ordinance, and the Urban Services Standards and
,Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
F. RECOMMENDED IMPROVEMENTS.
1. Street Trees. Street trees are a protection against excessive heat and glare
- 22 -
and enhance the attractiveness and value of abutting property. The City will assist the subdivider in
location of trees and species to use under varying conditions. It is recommended that trees be planted
inside the property lines where they are less subject to injury, decrease the chance of motor accidents
and enjoy more favorable conditions for growth. If trees are to be planted within a planting strip in
the right -of -way, their proposed locations and species to be used are to be submitted for review and
approval by the City.
G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall
be an eighteen (18) inch by twenty -four (24) inch permanent reproducible, and shall be at a scale of
not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall
be submitted with the final prints. For large subdivisions, the plat may be on several sheets,
accompanied by an index sheet showing the entire subdivision. The final plat 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 plat and survey shall be based on the Washington Coordinate System, North
Zone, as adopted by the City. The final plat shall show the following:
1. A minimum of two permanent plat control monuments with coordinates,
o which all dimensions, bearings, azimuths and similar data on the plat shall be referred.
2. Permanent monuments at all corners.
3. Subdivision boundary lines, right -of -way lines, easements, lot lines with
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves.
4. Name and right -of -way width of each street. Any street not dedicated to
he public must be so marked on the face of the plat (RCW 58.17.165).
5. Location, dimensions and purpose of all easements.
6. Identification of each lot and block with addresses shown on the lots.
7. The required building setbacks and any existing buildings and/or major
structures shall be shown for each proposed lot as well as their distances from property lines.
8. Purpose for which sites, other than residential, are dedicated to the public
r reserved for future development.
9. The required building setbacks on each proposed lot.
10. Location and description of all monuments.
11. The title under which the subdivision is to be recorded, true north and grid
orth arrows, scale, and legend.
12. Legal description of the land to be platted;
13 The legal description of the proposed lots
14. Certification by registered land surveyor as to the accuracy of plat and
urvey.
15. Certificate by owner(s) containing the legal description of the land to be
latted and dedicating roads, rights -of -way, easements and any sites for public purposes.
16. Certification of approval by: (a) the Planning Commission; (b) Director
f Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City
anager, City Clerk, Fire Chief, Planning Community Development Director, and City Attorney.
17. Certification by the County Treasurer that all state and county taxes levied
gainst the land to be subdivided have been paid in full.
18. Certification of filing by County Auditor.
19. If improvements are to be bonded deferred rather than actually installed
rior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling
nits will be allowed until all roadway and utility improvements have been completed and approved
- 23 -
by the City Engineer." (Ord. 3042 §2 (part) 1/28/00; Ord. 2948 §3 (part) 2/14/97; Ord. 2909 §3,
3/29/96; Ord. 2880 §2, 8/25/95; Ord. 2743 §3, 1/29/93; Ord. 2045 §1, 10/27/79; Ord. 1966 §2,
4/29/78; Ord. 1631 §6, 11/14/67.)
16.08.080 - Variances and Modifications. Where the • • . • • . City
finds that extraordinary hardship may result from strict compliance with these Regulations, it may
vary the Regulations so that substantial justice may be done and the public interest secured; provided
that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive
Plan or these Regulations.
The standards and requirements of these Regulations may be modified by the
Commission or tl1 c Council City through a Planned Residential Development which in the judgment
of the Commission or the Council will provide adequate public spaces and improvements for the
circulation, recreation, light, air and service needs of the tract when fully developed and populated,
and which also will provide such covenants or other legal provisions as will assure conformity with
and achievement of the plan.
In granting variances and modifications, the Commission or the Council City may require
such conditions as, in its judgment, will secure substantially the objectives of the standards or
requirements so varied or modified. (Ord. 2880 §2, 8/25/95; Ord. 1631 §7, 11/14/67.)
16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or
phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of these Regulations. (Ord. 2880 §2, 8/25/95; Ord.
1631 §8, 11/14/67.)
16.08.095 - Agreements to transfer land conditioned on final plat approval — Authorized.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of
land following preliminary plat approval is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to PAMC
16.08.100 and does not violate any provision of this Chapter. All payments on account of an offer
or agreement conditioned as provided in this Section shall be deposited in an escrow or other
regulated trust account and no disbursement to sellers shall be permitted until the final plat is
recorded.
16.08.100 - Enforcement and Penalties. Within any twelve -month period of time, any
person, firm or corporation that has platted, subdivided or divided any parcel of land or property in
two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of
providing building sites, and has failed to comply with the provisions of these Regulations, shall be
subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or imprisonment
in jail for a period not to exceed thirty (30) days, or both.
Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or
tract by reference to a plat or map of a subdivision or division, before such plat has been filed for
record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00) dollars for
°ach lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes
and bounds in the instrument of transfer shall not exempt the transaction from such penalty.
The CammissioirCommunity Development Department shall refer violations to the City
Attorney for appropriate action to enforce these penalties. (Ord. 2880 §2, 8/25/95; Ord. 1631 §9,
11/14/67.)
- 24 -
16.08.110 - Plat Occupancy. If the developer of a plat elects to bond assign savings or
provide other security or trust approved by the City and thereby assure that the installation of the
required improvements for final plat approval will be done to the satisfaction and approval of the City
Engineer, building permits for the construction of houses within the plat will be issued to the
developer subject to the following conditions:
1. The final plat must have received all required approvals and be recorded with the
County Auditor.
2. No occupancy of any dwelling units will be allowed until all roadway street and
utility improvements have been completed and approved by the City Engineer. (Ord. 2880 §2,
8/25/95; Ord. 1966 §1, 4/29/78.)
Section 3. Ordinance 3003 and Title 16 of the Port Angeles Municipal Code are hereby
amended by amending Chapter 16.10 PAMC to read as follows:
Chapter 16.10
Binding Site Improvement Plan
Sections:
16.10.010 Purpose
16.10.015 Definitions
16.10.020 Application
16.10.030 Review Procedures
16.10.040 Standards and Criteria
16.10.050 Preliminary Approval
16.10.060 Final Approval
16.10.070 Installation of Improvements
16.10.080 Time Limitations
16.10.090 Revision
16.10.100 Appeals
16.10.110 Enforcement
16.10.010 Purpose. This Chapter is established to provide an alternative to the traditional
method of land division in commercial and industrial zones as provided in RCW 58.17.035. A
Binding Site Improvement Plan (BSIP) allows for the division of land for the purpose of sale or lease
when used for commercial or industrial purposes as an integrated commercial or industrial center and
allows certain development standards (zoning, parking, setbacks, landscaping, lot area and lot
dimension) on individual lots to be modified provided the standards for the entire center are met.
This Chapter is also intended to encourage simultaneous construction of required infrastructure and
private structures. (Ord. 3003 §1 (part), 12/25/98)
16.10.015 Definitions.
A. Binding site improvement plan or BSIP. "Binding site improvement plan" or
"BSIP" means an integrated site plan submitted to the City pursuant to this Chapter for approval of
all planned buildings, public and private infrastructure, and other improvements and amenities to be
- 25 -
developed as a commercial or industrial center.
B. Commercial or industrial center. "Commercial center" or "industrial center"
eans a development complex of mixed commercial and/or industrial businesses that share facilities
and are organized by some form of common management. A business and office park, an industrial
ark, a corporate campus, and a shopping center are typical examples of commercial or industrial
centers.
C. Integrated site. "Integrated site" means one or more parcels of land operated as
a single development site for the purposes of shared facilities and common management. (Ord. 3003
§1 (part), 12/25/98)
16.10.020 Application. The following items are required, in quantities specified by the
Community Development Department, for a complete Binding Site Improvement Plan
BSIP) application, unless waived by the Planning Director as not being applicable:
A. Complete BSIP application form with fee as set forth in Chapter 3.70 of the Port
geles Municipal Code.
B. Complete State Environmental Policy Act (SEPA) checklist and fee.
C. Complete applications for other required land use approvals if applicable.
D. A vicinity map showing location of site.
E. A drawing prepared to the following standards:
1. The drawing shall be in ink, to a scale of not less than one inch to one
undred feet, on 8 1/2 inch by 11 inch or larger paper.
2. The drawing shall provide the following information:
a. The date, scale, and north directional arrow;
b. The boundaries of the entire parcel being platted, including all
ontiguous unplanted property owned by the subdivider;
c. A legal description of the property being platted;
d. Identification, dimensions, and area of all proposed lots and
ddress numbering. Interior lots to be eliminated shall be shown by a dashed line and so noted;
e. The name and location of existing and proposed public rights -of-
f. The location of existing and proposed easements;
g. The required building setbacks on each proposed lot;
h. The location of existing and new buildings including distances
rom property and/or leasehold lines, driveways and parking calculations;
i. The location of existing natural features, such as streams, rivers,
etlands, shorelines, drainage ways, ravines and steep slopes;
J. The location and size of utilities, including water, sewer, storm
rains, and fire hydrants existing and proposed;
k. Location of sensitive areas and sensitive area buffers (as well as
lopes of 20% or greater and drainage or other watercourses) on the site.
F. A list of owners of adjacent property printed or typed on 1" x 2 5/8" mailing
abels and the names of any adjacent subdivisions.
G. Legal descriptions of all tracts contained within the boundaries of the plat.
H. A description of the method of common management of shared facilities. (Ord.
003 §1 (part), 12/25/98)
- 26 -
16.10.030 Review Procedures.
A. Prior to submittal of a BSIP application for consideration, the applicant is
encouraged to meet with representatives of the Planning Community Development Department,
Public Works & Utilities Department, Fire Department, and Parks Department. The City
representatives and the applicant may discuss the general goals and objectives of the proposal, overall
design possibilities, general character of the site, potential environmental constraints, and standards
of development. The focus of the meeting shall be general in nature and none of the discussions shall
be interpreted as a commitment by the City or the applicant.
B. Review of proposals under five (5) acres in size shall be done administratively
by the Planning Community Development Department. Review of proposals exceeding five (5)
acres in size shall be done by the Planning Commission following a public hearing.
C. Public notice shall be provided as follows:
1. At least fifteen (15) days prior to the date of the public hearing, the
applicant shall cause notice of the time, place and purpose of the hearing to be posted on the site in
a conspicuous manner in the form of a brightly colored notice on a self - standing sign as provided by
the Planning Community Development Department or in such other form as the Planning Community
Development Department may direct. The applicant shall file with the Planning Community
Development Department an affidavit that such posting has been accomplished and that the applicant
shall assume full responsibility for return or replacement, in the case of damage. Consideration will
be given in the case of vandalism beyond the applicant's control.
2. At least fifteen (15) days prior to the date of the public hearing, the
Planning Community Development Department shall cause notice of the time, place and purpose of
the hearing to be mailed to the latest recorded real property owners within at least 300 feet of the
boundary of the site as shown by the records of the County Assessor. The applicant shall provide the
Planning Community Development Department with mailing labels for each such property owner.
D. An environmental determination shall be rendered by the SEPA Responsible
Official prior to final action on the preliminary BSIP application. (Ord. 3003 §1 (part), 12/25/98)
16.10.040 Standards and Criteria. Prior to approval of a BSIP, the following standards
and criteria shall be met:
A. Water supply and fire protection facilities must be adequate to serve the BSIP
and comply with the City's Comprehensive Plan, and the Urban Services Ordinance, development
slandards.and the Urban Services Standards and Guidelines promulgated consistent with and pursuant
to PAMC 18.08.040 and 18.08.130.
B. Necessary drainage ways or storm drain facilities must be adequate to serve the
BSIP as set forth in the Comprehensive Plan and Urban Services Ordinance development standards.
C. Appropriate access to all anticipated uses within the site shall be available.
D. Monumentation of all exterior tract corners shall be completed.
E. The provision and dedication of streets and rights -of -way must be adequate to
serve the BSIP and comply with PAMC 16.04.070 and with the Comprehensive Plan and Urban
Services Ordinance, and the Urban Services Standards and Guidelines
promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
F. The BSIP lot arrangement, configuration, and size must comply with the policies
of the Comprehensive Plan and further the attainment of the goals, policies, and objectives of the
Comprehensive Plan. The proposed lots must comply with the requirements of the Zoning Code,
Title 17 PAMC, as now enacted or hereafter amended, and PAMC 16.04.070.
- 27 -
G. The BSIP must be compatible with existing and planned development of the
surrounding area.
H. The site must be zoned commercial or industrial and must be integrated, as
defined in PAMC 16.10.015.
I. Appropriate easements and maintenance agreements for shared facilities,
including but not limited to, circulation, parking, utilities and landscaping must be provided.
J. When taken as a whole and not considering any interior lot or leasehold lines, the
integrated site must meet all zoning and subdivision requirements.
K. Modifications to the minimum zoning standards for individual lots located within
the integrated site, including setbacks, parking, landscaping, lot area, lot coverage, and lot dimension
shall not be detrimental to the public health, safety and welfare, and shall not adversely affect the rest
of the integrated site or other properties in the vicinity.
L. Common improvements necessary to serve any particular phase of development
must be sufficient for meeting the zoning and subdivision requirements for that phase.
M. Access to the integrated site must meet the subdivision ordinance standards.
ccess within the site must provide for safe and efficient circulation and must meet Fire Department
access requirements.
N. The circulation system must incorporate appropriate provisions and provide
sufficient area for safe pedestrian activity to the site from the street and from building to building
ithin the site.
O. Sign regulations shall be applied to the integrated site as a whole. For example,
the number of freestanding signs allowed shall be based upon the BSIP as a site. Individual
ownerships within the integrated site shall not be considered separate sites in determining the number
of freestanding signs allowed.
P. Landscaping design standards shall be maintained as required in the underlying
zoning development standards.
Q. Land clearing/grading shall be performed in compliance with the City's
Clearing /Grading/Filling Ordinances. Land that contains environmentally sensitive and critical areas
shall only be developed under the City's regulations for development in those areas.
R. Each proposed BSIP and the ultimate use of the land therein shall be in the
interests of the public health, safety, and welfare, and applicants shall present evidence to this effect
hen requested.
S. Whenever there is a discrepancy between minimum standards or dimensions
oted herein and those contained in Zoning Regulations, Building Codes, or other official
egulations, the more restrictive standard shall apply.
T. A description of the facilities shared by the development complex of mixed
ommercial and/or industrial businesses shall be provided and the system of common management
f those facilities shall be described on the face of the final mylar. (Ord. 3003 §1 (part), 12/25/98)
16.10.050 Preliminary Approval.
A. The Planning Community Development Director or Planning Commission shall
pprove, approve with conditions, or deny the BSIP within the time requirements of Chapter 18.02
AMC. Said preliminary decision shall be in writing and shall set forth findings of fact supporting
he decision.
B. Preliminary approval or approval with conditions shall authorize the applicant
o proceed with preparation of the final BSIP. (Ord. 3003 §1 (part), 12/25/98)
- 28 -
16.10.060 Final Approval.
A. Prior to final approval, a survey shall be performed by a licensed surveyor who
shall submit a mylar to the Plaiuthig Community Development Department for recordation. The
mylar shall be prepared to acceptable survey standards and shall contain the information required in
the preliminary drawin . The Mylar shall also contain the required official recording block and
signatures of the Community Development Director, City Public Works & Utilities
Director, City Fire Chief, and the property owner. For those applications that require review by the
Planning Commission, provision will be made for the signature of the Chair of the Planning
Commission. The survey and pplan shall be consistent with the conditions of preliminary approval.
B. Once the I'14!ln• Community Development Department determines the survey,
plan, and any other documents for recording are consistent with the preliminary approval, it will be
reviewed by the appropriate City departments and signed by the appropriate City officials.
C. After being certified for filing by the City, the BSIP survey shall be filed by the
applicant with the Clallam County Auditor's Office. The applicant shall pay all costs associated with
the filing. The BSIP is not considered final until a copy of the recorded document is returned to the
City of Port Angeles Planning Community Development Department for record keeping purposes.
D. Upon final approval by the city, all developments shall conform to the BSIP
unless an amendment is approved by the City. (Ord. 3003 §1 (part), 12/25/98)
16.05.070 Installation of Improvements. Prior to the issuance of a building permit for
construction within a binding site improvement plan, all improvements required to adequately service
that portion of the BSIP for which the building permit will be issued shall be installed. Approval for
improvements and finalization of specific individual commercial or industrial lots shall be done
administratively. (Ord. 3003 §1 (part), 12/25/98)
16.05.080 Time Limitations. If no specific B SIP has been approved within five (5) years
of the date of preliminary approval, preliminary approval will expire. The applicant may obtain an
extension of the BSIP not to exceed two (2) years by filing a written request with the Planning
Community Development Department prior to the expiration of the five (5) year period. (Ord. 3003
§1 (part), 12/25/98)
16.10.090 Revisions. Alteration of an approved and recorded BSIP shall be
accomplished by application to the Planning Community Development Department and shall be
subject to all procedures and requirements established in this Chapter. (Ord. 3003 §1 (part),
12/25/98)
16.10.100 Appeals.
A. Any person aggrieved by the decision of the I'lai Community Development
Director or the Planning Commission may appeal the decision to the City Council.
B. Appeals shall be submitted to the Plathiliig Community Development Department
in writing within fourteen (14) days following the date of mailing of the decision to the applicant and
shall be accompanied by the required fee as set forth in Chapter 3.70 PAMC.
C. The City Council shall hear the appeal, and may uphold, reverse, or modify the
decision and shall set forth written findings of fact. (Ord. 3003 §1 (part), 12/25/98)
16.10.110 Enforcement. All provisions, conditions, and requirements of the BSIP shall
be legally enforceable against the purchaser or any other person acquiring a lease or other ownership
interest of any lot parcel, or tract created pursuant to the BSIP. Any sale, transfer, or lease of any lot
or parcel created pursuant to the BSIP that does not conform to the requirements of the BSIP or
without binding site plan approval shall be considered a violation of Chapter 58.17 RCW, shall be
subject to being restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW, and
shall be subject to the general penalty set forth in PAMC 1.24.010. (Ord. 3003 §1 (part), 12/25/98)
Section 4. Ordinance 2669 as amended and Title 16 of the Port Angeles Municipal Code
are hereby amended by amending Chapter 16.12 PAMC to read as follows:
- 29 -
ections:
CHAPTER 16.12
BOUNDARY LINE ADJUSTMENTS
16.12.010 Purpose and Intent.
16.12.020 Authority.
16.12.030 Definition.
16.12.040 Scope.
16.12.050 Application.
16.12.060 Planning Community Development Department Decision.
16.12.070 Recording.
16.12.080 Appeals.
16.12.010 - Purpose and Intent. The purpose of this Chapter is to establish procedures
or the approval of boundary line adjustments in order to ensure that such divisions of land are
ccomplished in an orderly manner, with proper records, and in compliance with applicable laws.
Ord. 2669 §1 (part), 1/17/92.)
16.12.020 - Authority. This Chapter is adopted pursuant to the authority of Chapter
8.17 RCW, RCW 35A.63.100(3), and the police power granted the City of Port Angeles by the
onstitution and laws of the State of Washington. (Ord. 2669 §1 (part), 1/17/92.)
16.12.030 - Definition. A boundary line adjustment is defined as a division of land made
or the purpose of alteration by adjusting boundary lines, between planned or unplanted lots or both,
hich does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel,
ite, or division which contains insufficient area and dimension to meet minimum requirements for
idth and area for a building site. (Ord. 2669 §1 (part), 1/17/92.)
16.12.040 - Scope. The submittal of boundary line adjustment applications for City
pproval under this Chapter shall be at the option of the affected property owners. If property owners
equest City approval of boundary line adjustments, said approval shall be consistent with this
hapter. (Ord. 2669 §1 (part), 1/17/92.)
16.12.050 - Application. Application for a boundary line adjustment shall be made to
he I'lanniug Community Development Department. The application form shall be made available
t the Planning Community Development Department. The application shall include the signatures
f all property owners affected by the adjustment. In addition, an 18" x 22" drawing, drawn to scale,
hall be provided with the following information:
A. Existing and adjusted property lines shown as solid lines;
B. Distance between existing and adjusted line(s);
C. Dimensions of all property lines before and after adjustment;
D. Location of all existing buildings, with nearest distance between each building
and all existing and proposed property lines;
E. Legal description of property (existing and proposed);
F. Location of existing and proposed easements that are in favor of a public entity;
-30-
G. The location of public and private streets. (Ord. 2669 §1 (part), 1/17/92.)
16.12.060 - Planning Community Development Department Decision. The 6
Community Development Department's decision shall be based on whether or not the proposed
boundary line adjustment meets the following standards:
A. The boundary line adjustment does not create any additional new lots;
B. The boundary line adjustment does not create any lot which does not meet the
minimum lot width and area standards for the zone district in which it is located;
C. The boundary line adjustment does not increase the degree of nonconformance
of structures with respect to zoning standards;
D. The boundary line adjustment makes provision for all necessary utility easements;
E. The adjusted lots meet the requirements of the Short Plat Ordinance, Chapter
16.04 PAMC, with respect to configuration and access to public streets; or if the existing lots do not
meet these requirements, the adjusted lots shall not increase the degree of nonconformity.
The Plaruiin8 Community Development Department shall take action on the request within twenty
(20) working days from when the application is deemed complete. The applicant shall be notified
in writing of the action. (Ord. 2669 §1 (part), 1/17/92.)
16.12.070 - Recording.
A. A survey shall be prepared and recorded with the County Auditor's Office on an
18" x 22" reproducible mylar. The mylar shall show property lines and dimensions, showing the new
corners as staked on the ground, building locations, location of easements, and public and private
streets. The mylar shall also contain signatures of all property owners and signature blocks for the
Community Development Director and Public Works & Utilities Director. A copy of the
recorded survey shall be provided to the Planning Department.
B. In order to ensure that the adjustment does not create an additional lot, the
following wording shall be included on each deed filed as part of the adjustment:
"This conveyance is for the purpose of accomplishing a boundary line
adjustment pursuant to RCW 58.17.040(6). It shall not create any
additional lots, tracets, parcels, or division. Rather, the land described
herein shall merge or be integrated into abutting property presently owned
by the grantee(s)."
(Ord. 2948 §4 2/14/97; Ord. 2669 §1 (part), 1/17/92.)
16.12.080 - Appeals.
A. Any person aggrieved by the Decision of the Pianning Community Development
irector under Section PAMC 16.12.050 may appeal the decision to the Planning Commission.
B. Appeals shall be submitted to the Naming Community Development Department
n writing within thirty (30) days following the date of mailing the decision to the application.
C. The Planning Commission shall hear the appeal at its next possible public
eeting and hereupon make a recommendation to the City Council to uphold, reverse, or modify the
ecision, based upon the compliance of the boundary line adjustment with the requirements of this
hapter. Such recommendation shall include written findings of fact.
D. The City Council, at its next possible public meeting following receipt of the
lanning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's
ecommendations and shall set forth written findings of fact. (Ord. 2669 §1 (part), 1/17/92.)
- 31 -
Section 5 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 6 - Effective Date. This Ordinance shall take effect five days following the date
of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 17th day of September, 2002.
ATTEST:
Becky J. U
, ity Cler
APPROVED AS TO FORM:
Craig D. Knu1 on, City Attorney
PUBLISHED: September 22, 2002
By Summary
F:I ORDINANCES &RESOLUCIONS\2002 -15. ord.wpd
September 16, 2002
MAYOR
Summary of Ordinance Adopted by the
Port Angeles City Council
on September 17, 2002
Ordinance No. 3122
This Ordinance of the City of Port Angeles, Washington, revises the City's subdivision
ordinances, by providing consistent language for street standards, department names, and
City officials' titles and by defining the desired urban design of the City, and amending
Ordinances 1631, 2222, 2669, and 3003, as amended, and Title 16 of the Port Angeles
Municipal Code.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This
Ordinance shall take effect five days after publication of this summary.
Becky J. Upton
City Clerk
Publish: September 22, 2002