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HomeMy WebLinkAbout3398 Ordinance ORDINANCE NO. 3398 AN ORDINANCE RELATING TO PLATS AND SUBDIVISIONS AMENDING THE PASCO MUNICIPAL CODE BY REPEALING TITLE 21 ("PLATS AND SUBDIVISIONS") AND ENACTING A NEW TITLE 26 ESTABLISHING NEW SUBDIVISION REGULATIONS FOR THE CITY OF PASCO. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has subdivision regulations that encourage orderly growth and development of the City; and, WHEREAS, a Joint Development Standards Committee was appointed by the City and County in 1996 to review existing subdivision regulations and recommend improvements to guide development within Pasco and the Pasco Urban Growth Area; and, WHEREAS, the Joint Development Standards Committee met during 1997 and 1998 to complete work on development standards including the subdivision regulations; and, WHEREAS, following completion of the proposed regulations, by the Joint Development Standards Committee, the Pasco Planning Commission held one workshop meeting in mid 1998 to review the work of the Joint Development Standards Committee on the subdivision regulations; and, WHEREAS, the Planning Commission on August 20,1998 held one public hearing on the proposed subdivision regulations and recommended the City Council adopt the proposed regulations; and, WHEREAS, the City Council reviewed the Planning Commission's recommendation on the subdivision regulations during two workshop meetings conducted on November 22, 1999, and December 13, 1999; and, WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 Section L That Title 21 of the Pasco Municipal Code be and the same is hereby repealed in its entirety. Section 2. That a new Pasco Municipal Code Title 26 be and the same is hereby enacted to read as follows: TITLE 26 PASCO URBAN AREA SUBDIVISION REGULATIONS Chapters: 26.04 General Regulations. 26.08 Definitions. 26.12 Streets. 26.16 Blocks and Lots. 26.20 Dedications for Parks and Playgrounds. 26.24 Preliminary Plat. 26.28 Final Plat. 26.32 Subdivision Improvements. 26.36 Short Plats. 26.40 Binding Site Plans. 26.44 Boundary Line Adjustment. 26.48 Tax Parcel Segregation. 26.52 Fees. i 2 CHAPTER 26.04 GENERAL PROVISIONS Sections: 26.04.010 Title. 26.04.020 Purpose. 26.04.030 Application of this Title. 26.04.040 Exemptions. 26.04.050 Division of Platted Lots. 26.04.060 Plats-Approval Required. 26.04.070 Sales of Interest in Lots-Recording Required. 26.04.080 Sale of Lots from Unrecorded Plat. 26.04.090 Receiving or Recording Unapproved Plats. 26.04.100 Improvements-Misrepresentations. 26.04.110 Dedication process. 26.04.120 Enforcement. 26.04.130 Severability. 26.04.010 TITLE. This title shall be known as the "Pasco Urban Area Subdivision Regulations." 26.04.020 PURPOSE. The purpose of this Title is to regulate the division of land within the Pasco Urban Area. This title is to also further the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area, and to: (1) Prevent the overcrowding of land; (2) Lessen congestion and promote safe and convenient travel by the public on streets and highways; (3) Promote the effective use of land; (4) Provide for adequate light and air; (5) Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, and other public requirements; (6) Provide for proper ingress and egress; (7) Provide for the expeditious review and approval of proposed land divisions which comply with this title, the Pasco Urban Area Zoning Ordinance, other City Plans, policies and land use controls, and Chapter 58.17 RCW; (8) Adequately provide for the housing, commercial and industrial needs of the citizens of the State and City; (9) Require uniform monumenting of land divisions and conveyance by accurate legal descriptions; (10) Implement the goals, objectives and policies of the Pasco Comprehensive Plan. 3 w' • 26.04.030 APPLICATION OF THIS TITLE. Any plat hereafter made, or any subdivision or any part thereof lying within the limits of the City, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained in this title shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale, lease or transfer of ownership, whether immediate or future, including the resubdivision or replatting of land or lots. They shall apply to each situation where there is a dedication of streets, alleys, easements and/or land for other public uses. 26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to: (1) Cemeteries and other burial plots while used for that purpose; (2) Division of land not containing a dedication, in which the smallest lot created by the division exceeds five acres in area; (3) Divisions made by testamentary provisions of the laws of descent; (4) Any division of land for the purpose of adjusting the boundary lines between platted or unplatted lots or both, which does not create any new or additional lot, tract, site or division, which contains insufficient area and dimension to meet minimum requirements for a building site. 26.04.050 DIVISION OF PLATTED LOTS. The sale, by description, of a portion of a platted lot by lot line adjustment or tax parcel segregation shall not be considered a subdivision within the scope of these regulations provided the sale does not violate zoning or other applicable regulations. 26.04.060 APPROVAL REQUIRED. Before any plat shall be recorded or be of any validity, it must be approved by the City Council and have such other agency approvals as set forth herein. 26.04.070 SALE OF INTEREST IN LOTS - RECORDING REQUIRED. It is unlawful to sell, offer for sale, option or other-wise dispose of any interest in lots in any plat unless such plat has been approved as specified in this title and has been recorded in the Office of the Auditor of Franklin County. 26.04.080 SALE OF LOTS FROM UNRECORDED DOCUMENT. It is unlawful to sell, trade, or otherwise convey any lot or parcel of land as part of, or in conformity with any binding site plan, plat, short plat or replat of any subdivision unless the binding site plan, plat, short plat or replat shall have first been approved by the City and lawfully recorded in the Office of the Auditor of Franklin County. 26.04.090 RECEIVING OR RECORDING UNAPPROVED PLATS. It is unlawful to receive or record in any public office any plans, plats, replats or Binding Site Plans of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for 4 the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located within the City of Pasco, unless the same shall bear thereon, by endorsement or otherwise, the approvals as required by this title. 26.04.100 IMPROVEMENTS - MISREPRESENTATIONS. It is unlawful for any person, firm or corporation owning a plat or subdivision of land within the City to represent that any improvement upon any of the streets or alleys of the plat or subdivision, or any sewer in the plat or subdivision has been constructed according to the plans and specifications approved by the City Engineer, or has been supervised or inspected by him/her, when such improvement is not so constructed, supervised or inspected. 26.04.110 DEDICATION PROCESS. The dedication of easements, rights-of-way, parks and open space shall be accomplished by either submitting an individual document or by submitting a binding site plan, short plat or final plat for approval showing the dedication thereon. Acceptance by the City shall be identified by approval signatures on the documents listed above. Dedication of land may also be made to the City by the submitter of a signed dedication document containing a complete and accurate legal description of the property to be dedicated. Following acceptance of the dedication by a majority affirmative vote of the City Council the dedication document shall be recorded in the office of the Franklin County Auditor. 26.04.120 ENFORCEMENT. Any person violating the provisions of this title is guilty of a gross misdemeanor and shall be subject to a fine of not less than one hundred (100) dollars nor more than three hundred (300) dollars or to imprisonment not exceeding ninety (90) days or both. The City Attorney shall commence an action to enjoin further violations or attempted violations and to compel compliance with this title. 26.04.130 SEVERABILITY. If any provision of the title or its application to any person or circumstance is held invalid, the remainder of this title or application of the provisions herein to other persons or circumstances shall not be affected. 5 CHAPTER 26.08 DEFINITIONS Sections: 26.08.010 Interpretations and Construction. 26.08.020 Alley. 26.08.030 Arterial, Primary. 26.08.040 Arterial, Secondary. 26.08.050 Binding Site Plan. 26.08.060 Block. 26.08.070 Boundary Line Adjustment. 26.08.080 Comprehensive Plan. 26.08.090 Cul-de-sac. 26.08.100 Dedication. 26.08.110 Developer, Subdivider or Platter. 26.08.120 Easement. 26.08.130 Final Approval. 26.08.140 Final Plat. 26.08.150 Improvements. 26.08.160 Lot. 26.08.170 Monument. 26.08.180 Pedestrian Way. 26.08.190 Plat or Subdivision. 26.08.200 Preliminary Plat. 26.08.210 Right of Way, Public. 26.08.220 Short Plat. 26.08.230 Street, Dead-End. 26.08.240 Street, Frontage. 26.08.250 Street, Local Access. 26.08.260 Street, Private. 26.08.270 Street, Public. 26.08.280 Tax Parcel Segregation. 26.08.290 Urban Growth Area. 26.08.010 INTERPRETATION AND CONSTRUCTION. Except where specifically defined in this chapter all words in this title shall carry the customary meanings. (1) Words used in the present tense shall include the future; (2) Words in the singular number include the plural number, and words in the plural number include the singular, unless the context clearly indicates otherwise; (3) "Person" includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent, or other representative and all other legal entities; 6 (4) "Shall' is mandatory and not discretionary; (5) "May" is permissive; (6) "Use," "used," or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed" to be used or occupied; (7) "City" means City of Pasco; (8) "County" means Franklin County; (9) Unless otherwise specified, all distances shall be measured horizontally; (10) Words not defined herein, but defined within the Uniform Building Code shall have the same meaning as defined within the Uniform Building Code; (11) Chapter and section headings contained in this title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this title. 26.08.020 ALLEY. "Alley" means a dedicated narrow service way, not more than twenty feet wide, providing a secondary means of public access to abutting properties. 26.08.030 ARTERIAL. PRIMARY. "Primary arterial" means a street or road of great continuity which serves or is intended to serve as the principal traffic way between separated areas of the City or region and is designated in the comprehensive plan, or otherwise designated as a limited access highway, major thoroughfare, boulevard, parkway or other equivalent term to identify those streets that comprise the basic structure of the regional traffic plan. 26.08.040 ARTERIAL, SECONDARY. "Secondary arterial" means a street or road which forms part of the arterial street system, the function of which is to collect traffic from the local or residential streets for delivery to the primary arterials. 26.08.050 BINDING SITE PLAN. "Binding site plan" means a drawing to scale utilized for the purposes of creating lots for selling, leasing, or otherwise transferring property rights from one person, firm, or corporation to another. A binding site plan: (1) Identifies and shows the areas and locations of all streets, roads, improvements, parcels, utilities, open spaces, and other information as may be required by this title; (2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land as specified by this title; and (3) Contains provisions making any development be in conformity with the site plan for all such land. 7 26.08.060 BLOCK. "Block" means a group of lots, tracts, or parcels within a well-defined and fixed boundary. 26.08.070 BOUNDARY LINE ADJUSTMENT. "Boundary line adjustment" means the relocation of the boundaries between two or more lots, which relocation does not result in the creation of any additional lot or lots. 26.08.080 COMPREHENSIVE PLAN. "Comprehensive Plan" means the current comprehensive plan for the City, adopted by the City Council pursuant to state law. 26.08.090 CULrDE-SAC. "Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning vehicles around. 26.08.100 DEDICATION. "Dedication" means the deliberate conveyance of land by an owner or owners to the City of Pasco, for any general and public uses, reserving to the owner or owners 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. 26.08.110 DEVELOPER, SUBDIVIDER, PLATTER OR OWNER. "Developer, subdivider, platter or owner" means any person, firm or corporation undertaking the subdividing or resubdividing of a lot, tract or parcel of land as, or on behalf of, the owner thereof. 26.08.120 EASEMENT. "Easement" means a grant by the property owner to the public, corporation, or persons, of the use of a strip of land for a specific purpose and, on or over, which the owner will not erect any permanent improvements which serve to interfere with the free exercise of that right. 26.08.130 FINAL APPROVAL. "Final approval" means that approval given by the City Council which authorizes the subdivider to record his/her plat. 26.08.140 FINAL PLAT. "Final plat" means the plan of a plat, subdivision, or dedication, or any portion thereof prepared for filing for record by the County Auditor, and containing all elements and requirements set forth for final plats in these regulations. 26.08.150 IMPROVEMENTS. "Improvements" means any required improvements including streets, curb, gutter, sidewalk, storm drainage, landscaping, utilities, pavement markings, signing, and other appropriate improvements. 8 K s 26.08.160 LOT. "Lot" means a portion of a subdivision, or other parcel of land, intended as a unit for transfer of ownership or for development being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. 26.08.170 MONUMENT. "Monument" means a permanent type survey marker, which conforms to the City of Pasco standard detail for monuments, or an approved substitute. 26.08.180 PEDESTRIAN WAY. "Pedestrian Way" means a right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. 26.08.190 PLAT OR SUBDIVISION. "Plat or subdivision" means an area of land, which has been divided into two or more lots, tracts, parcels or other divisions of land, and shall include a map, or maps related thereto for the purpose, whether immediate or future, of transfer of ownership, or for building developments, including all designations in street lines, alley lines, public area boundaries, lot lines, easements, rights-of-way, pavement widths, curb lines, location and size of utilities, location and size of land areas to be dedicated; those divisions of land for agricultural purposes, where each parcel is five acres or more in area and which does not include any new streets, easements, rights- of-way or other provisions for necessary public areas and facilities; and further provided this definition shall not apply to the division by description of a portion of a platted lot. 26.08.200 PRELIMINARY PLAT. "Preliminary plat" means an approximate drawing of the proposed layout of streets, blocks, lots and other elements of a subdivision or plat from which the City Planning Commission gives preliminary approval to the general layout features of the subdivision or plat. 26.08.210 RIGHT OF WAY, PUBLIC. "Public right of way" means any publicly owned land set aside for surface transportation purposes, including vehicular, bicycle and pedestrian transportation, whether improved or not improved. 26.08.220 SHORT PLAT. "Short plat" or short subdivision means the division or redivision of land into nine (9) or fewer lots for the purpose of sale, lease or transfer of ownership. 26.08.230 STREET, DEAD END. "Dead end street" means a street, similar to a cul-de-sac, but providing no turn-around at its closed end. 9 26.08.240 STREET FRONTAGE. "Frontage street" means an access street which is generally parallel to and adjacent to arterials streets, traffic ways, limited access highways or railroad rights-of-way; and which provides access to abutting properties and protection from through traffic. 26.08.250 STREET, LOCAL ACCESS. "Local access street" means a street of limited continuity, which serves or is intended to serve the local needs of the immediate community. 26.08.260 STREET, PRIVATE. "Private Street" means a street of limited continuity which serves, or is intended to serve, the local needs of the immediate community and which has not been dedicated to the public. 26.08.270 STREET, PUBLIC. "Public Street" means a street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right for public vehicular travel and to provide access now or in the future to adjacent properties. 26.08.280 TAX PARCEL SEGREGATION. "Tax parcel segregation" means the separation of lots of record into two or more tax parcels for the purpose of sale, lease or transfer of ownership and which segregation does not result in the creation of more parcels than lots of record. 26.08.290 URBAN GROWTH AREA. "Urban Growth Area" means that area designated by the County pursuant to RCW 36.70A.110, identifying the limits of the extension of urban facilities and services. 10 � r CHAPTER 26.12 STREETS Sections: 26.12.010 Street Layout. 26.12.020 Street Standards. 26.12.030 Street Improvements. 26.12.040 Arterials. 26.12.050 Collector Streets. 26.12.060 Local Access Streets. 26.12.070 Cul-de-sacs. 26.12.080 Alleys. 26.12.090 Pedestrian Ways. 26.12.010 STREET LAYOUT. (1) Continuation of existing streets. Streets shall normally continue as an extension of existing streets unless good planning dictates a different solution. Street patterns shall take into consideration access needed to develop adjacent properties. Sketches of a proposed street system to serve adjoining properties may be required if it is owned by the subdivider. (2) Dead end streets. Dead end streets are prohibited, except where the comprehensive plan or preliminary plat indicates a street is to continue past the subdivider's property, the City may allow the dead end until such time as the street can be built through at a later date. (3) Half streets. Half streets shall be prohibited except that the City may permit their inclusion in cases where a normal alignment of a present or future planned street will fall half on an adjoining ownership. (4) Street names. When practical, streets shall be named to conform with existing streets on the same or reasonably similar alignment. New street names shall be reviewed by the Planning Department, the Fire Department and/or the Emergency 911 Coordinator to insure that no confusion with existing street names occurs. 26.12.020 STREET STANDARDS. (1) Angle of intersection. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography and other conditions justify variations. The minimum angle of intersection of streets shall be seventy (70) degrees. (2) Intersections on opposite sides of a common street shall either be aligned or be offset a minimum of one hundred twenty-five (125) feet. (3) Street grades. Street grades shall be constructed as directed by the City Engineer and shall conform with the local topography to provide good access to the adjacent properties. The maximum street grade shall not exceed ten (10) percent unless specifically allowed by the City Engineer. 11 (4) Horizontal sight distances. A tangent at least one hundred feet long shall be introduced between reverse curves on primary and secondary arterials. When tangents along a street deflect from each other by more than ten degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than one hundred feet for secondary arterials, and of each radii as the City Engineer shall determine for primary arterials and other special cases. 26.12.030 STREET IMPROVEMENTS. (1) Adequate and proper right- of-way improvements shall be required at the time adjoining property is developed and shall be required on all property. As a minimum a three-quarter (3/4) street standard will be required if the property being developed only fronts on one side of the street. (2) Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation. All such improvements shall be approved by the City prior to construction and acceptance. The three-quarter (3/4) street standard shall include curb, gutter and sidewalk on the developed side and a minimum of two complete traffic lanes. (3) The developer of real property shall be responsible for installing the required improvements within the respective half of right-of-way width abutting the real property being developed, provided such improvements consist of at least two (2) traffic lanes. (4) Minimum sidewalk widths, not including the six-inch curb, shall not be less than the minimum dimension for sidewalks as follows: (1) Residential Zones - four and a half(4.5) feet; (2) Commercial Zones - six and a half(6.5) feet. (5) Curbs, gutters, sidewalks and street lights are not required in RS- 12 or RS-20 residential zones, but may be installed at the option of the developer. 26.12.040 ARTERIALS. Arrangement of arterial streets in a subdivision shall conform to the comprehensive plan as adopted by the City. (1) Right-of-Way widths. Minimum right-of-way widths for all arterials shall be as follows: (a) Arterial, primary with landscape median - one hundred (100) feet; (b) Arterial, primary without landscape median - eighty (80) feet; (c) Arterial, secondary - eighty (80) feet. (2) Roadway widths. Minimum roadway widths for all arterials, measured from the face of curb to the face of curb, shall be as per the Standard Specifications as prepared by the City Engineer. 12 , v 26.12.050 COLLECTOR STREETS. When possible, collector streets shall be planned to conveniently channel traffic from access streets onto the primary and secondary arterials. (1) Right-of-way widths. Minimum right-of-way widths for all collector streets shall not be less than sixty (60) feet. (2) Roadway widths. Minimum roadway widths for all collector streets shall not be less than thirty-eight (38) feet. 26.12.060 LOCAL ACCESS STREETS. When possible, access streets shall be planned so as to discourage through traffic to short cut onto collector streets and primary and secondary arterials. (1) Right-of-Way widths. Minimum right-of-way widths for all local access streets shall not be less than sixty (60) feet. (2) Roadway widths. Minimum roadway widths for all local access streets shall not be less than the following dimensions: (a) Thirty-eight (38) feet from the face of curb to the face of curb on residential access streets; (b) Thirty-six (36) feet width of asphalt pavement for streets in the RS-12 and RS-20 zones without curbs. 26.12.070 CUL-DE-SACS. Cul-de-sacs will be permitted where topography or other conditions justify their use. (1) Cul-de-sacs should normally be less than three hundred (300) feet, but will be permitted up to six hundred (600) feet in length. (2) Right-of-Way widths. Minimum right-of-way widths for all cul-de- sacs shall not be less than sixty (60) feet with a one hundred twenty (110) foot diameter turn around. (3) Roadway widths. Minimum roadway widths for all cul-de-sacs shall not be not less than: (a) Thirty-six (36) feet from the face of curb to the face of curb, with an ninety (90) foot turn-around; (b) Thirty-six (36) feet of the pavement width pavement, with a eighty (80) foot turn-around in the RS-12 and RS-20 zones without curbs. 26.12.080 ALLEYS. The developer may provide alleys in a development, subject to the following standards: (1) Dead end alleys shall be prohibited unless there is provided a turn- around with a asphalt diameter of eighty (80) feet and a right-of-way diameter of one hundred (100) feet. (2) Sharp changes in direction of alleys shall be avoided. Where such changes cannot be avoided, there shall be a corner cut-off with a minimum inside radius of fifty (50) feet. (3) Right-of-way widths. Minimum right-of-way width of all alleys shall not be less than twenty (20) feet. 13 (4) Roadway widths. Minimum roadway widths for all alleys shall not be less than sixteen (16) feet. 26.12.090 PEDESTRIAN WAYS. Pedestrian ways may be required by the City to allow cross access for pedestrians in areas of exceptionally long blocks or for access to recreational facilities or schools. (1) Right-of-way widths. Minimum right-of-way widths for all pedestrian ways shall not be less than ten (10) feet. 14 CHAPTER 26.16 LOTS AND BLOCKS Sections: 26.16.010 Block Length. 26.16.020 Block Width 26.16.030 Very large lots and Blocks 26.16.040 Minimum Lot Dimensions 26.16.050 Lot requirements. 26.16.010 BLOCK LENGTH. In general, intersecting streets shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the vicinity. Blocks shall not exceed thirteen hundred and twenty (1,320) feet. Blocks for business use shall normally not be less than six hundred (600) feet in length. 26.16.020 BLOCK WIDTH. The width of the block under normal conditions shall be sufficient to allow for two tiers of lots with easements. One tier of lots shall be provided between a local access street and an arterial. Blocks intended for business or industrial use should be of suitable width for the proposed use, taking due consideration for providing off-street parking and truck loading. 26.16.030 VERY LARGE LOTS AND BLOCKS. When a tract is subdivided into building lots or parcels greater than forty thousand (40,000) square feet, such lots or parcels shall be so arranged as to permit replatting, making provisions for the continuation of established street patterns, the opening of future streets and the creation of additional lots with provision for adequate utility services for such replat. 26.16.040 MINIMUM LOT DIMENSIONS. Lot areas shall conform to the requirements of Title 25. (1) Width and Depth: (a) Lot depth exceeding two and half (2 1/2) times the lot width shall be avoided. (2) Frontage. A minimum frontage area for each lot shall be required as follows: (a) Lots with less than ten thousand (10,000) square feet in area shall have a minimum frontage of sixty (60) feet except lots fronting on cul-de-sacs, which shall have a minimum frontage of thirty-five (35) feet and a width of fifty (50) feet or more at the setback line; (b) Lots with more than ten thousand (10,000) square feet in area shall have a minimum frontage of ninety (90) feet except lots 15 fronting on cul-de-sacs, which shall have a minimum frontage of thirty- five (35) feet and a width of fifty (50) feet or more at the setback line. (3) In no case shall a residential lot contain less than five thousand (5,000) square feet of lot area unless the lot is approved by the City through the Planned Unit Development or Planned Density Development process. (4) In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of lots shall be subject to the approval of the Benton/Franklin Health District, but by no means be smaller in size than the applicable zoning district in which the lot is located. 26.16.050 LOT REQUIREMENTS. Every lot shall abut on a street. (1) Lots with double frontage shall be avoided when possible. (2) Corner lots in residential districts shall be designed to allow for appropriate setbacks of a building from both streets. (3) Side lines of lots shall be approximately at right angles to the street line or radial to curved street lines. (4) A plat containing lots adjacent an arterial street shall not be approved unless the plat recites a waiver of the right of direct access to the arterial. Exceptions to this requirement may be permitted due to pre-existing development patterns that create practical difficulties for limiting arterial access. 16 CHAPTER 26.20 DEDICATIONS FOR PARKS AND PLAYGROUNDS Sections: 26.20.010 Provision for park/playground required. 26.20.020 Determination of value. 26.20.030 Reduction of value. 26.20.040 Cash payment in lieu of dedication. 26.20.050 Disposition of land and cash payments. 26.20.060 Applicability. 26.20.010 PROVISION FOR PARK/PLAYGROUND REQUIRED. To assure appropriate and adequate provision for parks, playgrounds, and other recreation facilities is made at the time of subdivision approval, the subdivider shall be required to dedicate, by statutory warranty deed, a parcel or parcels of land as selected by the City in such amount to be at least equal in value to the total value of park and recreation demand generated by the subdivision as determined in Section 26.20.020. Said land shall be exclusive of required subdivision improvements and free of any and all encumbrances, including all labor and material liens, or the subdivider shall provide a bond in lieu thereof. 26.20.020 DETERMINATION OF VALUE. (1) Based on the proposed subdivision and the zoning classification thereto, a total number of dwelling units expected to be contained by the subdivision shall be determined. Said total number of dwelling units shall then be multiplied by the base park fund fee as specified herein, the product of which shall represent the total value of the park and recreation demand expected to be generated by the proposed subdivision. The base value of four hundred fifty ($450.00) dollars will increase without notice by 3.25 percent a year. To avoid an increase in the determination of value the subdivider/developer has the option, as determined by the City Council, of dedicating the appropriate amount of land or providing the City with the base fee (four hundred fifty ($450.00) dollars on January 1, 1999) for each lot at the time of final plat approval. If the subdivider/developer elects not to dedicate park land or pay fees for all lots at the time of final plat approval the subdivider/developer flowingly subjects his/her preliminary plat to future increases in the determination of value for lot fees and park dedication. The base fee will increase by 3.25 percent a year after January 1, 1999. 26.20.030 REDUCTION OF VALUE. The total value of demand determined in Section 26.20.020 shall be reduced where a subdivision includes any of the following recreation areas or improvements and the final plat provides assurance, deemed sufficient by the City Council, that said recreation 17 r area and improvements shall be perpetually maintained in a satisfactory manner by the owner and any future owners: (1) Open recreation area. Where the subdivision provides one or more open recreation areas, the total area of which at least equals one hundred (100) square feet for each of the dwelling units expected to be contained within the subdivision, the base value shall be reduced at the rate of one percent (1%) for each ten (10) square feet of open recreation area per unit (as determined by dividing the total square feet of open recreation area by the total number of dwelling units), not to exceed thirty percent (30%). "Open recreation area" means areas of land, at least improved with grass and sufficient irrigation, intended and designed for unorganized, passive or active recreation and may include minor recreation improvements such as children's standard playground equipment and children's wading pool, provided such minor improvements do not occupy more than half (1/2) of the total open recreation area; however, open recreation area shall not include parking areas; driveways and other automobile-oriented areas, building, swimming pools, or any recreation improvement included in subsection (2) below. (2) Recreation improvement area. Where the subdivision provides recreation improvements including, but not limited to, basketball, tennis and other similar playing courts, saunas, hot tubs, jacuzzis, recreation buildings and similar improvements, the base value will be reduced at the rate of one percent (1%) for each ten (10) square feet of recreation improvement area per unit (as determined by dividing the total square feet of recreation improvement area by the total number of dwelling units), not to exceed thirty percent (3010). Recreation improvements shall not include parking areas, driveway and other automobile-oriented areas, habitable buildings, swimming pools, or minor recreation improvements included in subsection (1) above. (3) Swimming pools. Where the proposed subdivision provides one or more swimming pools, each of which contains at least five hundred (500) square feet of water surface area and is at least four (4) feet in depth at one point, the base value shall be reduced at the rate of one-half percent (1/2%) of each square foot of water surface area per unit (as determined by dividing the total square feet of water surface area by the total number of dwelling units), not to exceed fifteen percent (15%). 26.20.040 CASH PAYMENT IN LIEU OF DEDICATION. In lieu of dedication of land as required in Section 26.20.010, the City Council may, at its discretion, require a cash payment equal to the total value of park and recreation demand expected to be generated by the proposed subdivision as may be reduced in accordance with Section 26.20.030. The City Council may, at its discretion, require a combination of land dedication and cash payment provided the total combined value is at least equal to the total value of park and recreation demand. 18 26.20.050 DISPOSITION OF LAND AND CASH PAYMENTS. Any land deeded under the provisions of this chapter may be held for future sale or for park/recreation use improvements; however, any such land not to be improved shall be offered for sale within three (3) years from the effective date of the deed or before fifty percent (50%) of the subdivision is developed, which ever occurs later. The proceeds from the sale of any land dedicated under the requirements of this chapter and any cash payment in lieu of such dedication shall be deposited in the park acquisition and development fund established in Pasco Municipal Code Chapter 3.29 for use in accordance with the provisions relating to said fund. 26.20.060 APPLICABILITY. The provisions of this chapter shall apply to any subdivision or portion thereof receiving final approval subsequent to the effective date of the ordinance codified in this chapter; however, a preliminary plat with a fully completed application properly filed for review or approved prior to the effective date of the ordinance codified in this chapter need not comply with the provisions of this chapter at the time of final approval of the subdivision or portion thereof, provided the final plat contains a statement directing compliance with the Pasco Municipal Code Chapter 25.80. 19 CHAPTER 26.24 PRELIMINARY PLAT I Sections: 26.24.010 Purpose. 26.24.020 Pre-Application Process. 26.24.030 Preliminary Plat Application 26.24.040 Preliminary Plat Preparation. 26.24.050 Public Hearing Required. 26.24.060 Planning Commission Recommendation. 26.24.070 Findings of Fact. 26.24.080 City Council Consideration. 26.24.090 Notice of Decision. 26.24.100 Adjustment of an Approved Preliminary Plat. 26.24.110 Large Developments. 26.24.120 Fees. 26.24.010 PURPOSE. The purpose of a preliminary plat is to provide the owner(s) of property wishing to divide their property into two or more lots and the City an opportunity to review the overall concept prior to initial development. The intent of the preliminary plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. 26.24.020 PRE-APPLICATION PROCESS. Prior to the filing of an application for approval of a preliminary plat, the subdivider or his agent are encouraged to contact the following public agencies for the purpose of determining any requirements, which may have to be incorporated into the preliminary and final plats: (1) Planning Department. (2) Engineering Department. (3) Fire Department. (4) Benton-Franklin Health District. (5) Franklin County P.U.D. (6) Franklin County Irrigation District. 26.24.030 PRELIMINARY PLAT APPLICATION. (1) All applications for preliminary plat approval shall be accompanied by applicable fees and the following: (2) A completed SEPA Checklist; (3) Ten (10) copies of a preliminary plat proposal in accordance with the provisions of this title; and (4) A Certificate of Ownership (title report) and list of property owners, with addresses, of all property owners within (500) five hundred feet of the applicants property as provided and certified by a licensed title company. 20 26.24.040 PRELIMINARY PLAT PREPARATION. (1) A preliminary plat shall be prepared by a professional engineer or land surveyor licensed by the State of Washington. The scale of the preliminary plat shall be one hundred (100) feet or less to the inch, except the vicinity sketch may be shown to any other appropriate scale. A preliminary plat shall be 24-inches by 36-inches in size. (2) A preliminary plat shall contain and conform to the following: (a) General information. The following general information shall appear on each sheet of a preliminary plat: (i) Proposed name of the subdivision along with the words "Preliminary Plat." Names shall not be deceptively similar to names of existing subdivisions; (ii) Name and address of the applicant/developer and owner; (iii) Name and address of the professional engineer or surveyor who prepared the preliminary plat; (iv) Numeric scale, graphic scale, true north point and date of preparation; (v) Location of boundary lines in relation to section, quarter-section or quarter-quarter section lines and any adjacent corporate boundaries; (vi) A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets and other major man-made and natural features shall appear on the preliminary plat. (b) Existing conditions. Information on existing conditions shall appear on preliminary plats as follows: (i) Names of adjacent subdivisions; (ii) Topography at intervals of five (5) feet unless waived in writing by the City Engineer, also the locations of geography features. (iii) Location, width and name of each existing or platted street or other right-of-way, parks and other public open spaces, and permanent buildings, within the proposed subdivision; (iv) The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision. (v) The location of any well within the proposed subdivision or within one hundred (100) feet of the boundaries of the proposed subdivision. (c) Proposed Development. Preliminary plats shall contain the following information about proposed developments: (i) Location and width of proposed streets, alleys, pedestrian ways and easements; 21 , f (ii) Indication of any portion or portions of the preliminary plat for which separate or successive final plats will be filed; (iii) Layout, numbers and approximate dimensions of lots and numbers of blocks; (iv) Location and size of all proposed parks, playgrounds, church sites, or other special uses of land considered for dedication, or reservation by deed of covenant for special use or for use of all property owners in the subdivision and any conditions of such dedication or reservation, (v) Indication of proposed land use; (vi) Two copies of proposed street grades may be required by the City Engineer where conditions warrant their being furnished. (vii) For proposed subdivisions involving residential land uses, a Table shall be provided on the preliminary plat containing the following information: (a) Total area of proposed plat in acres; (b) Number of lots and square footage of each lot; (c) Minimum lot size; (d) Maximum lot size; (e) Average lot size; (f) Number of lots per phase; and (g) Total area of proposed rights-of-way per phase. (viii) Preliminary layout of water, storm drainage and sanitary sewer systems. 26.24.050 PUBLIC HEARING REQUIRED. (1) Upon receipt of a fully completed application for preliminary plat approval, a date shall be set for a open record pre-decision hearing before the Planning Commission at the next regular meeting for which adequate notice can be given. (2) Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. (3) At a minimum, a notice of the pre-decision open record hearing to be given in the following manner: (a) Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation within Franklin County; (b) Notice shall be mailed to the owners of real property, as shown by the records of the County Assessor, located within three hundred (300) feet of any portion of the boundary of the proposed subdivision; 22 (c) Where the proposed subdivision adjoins the municipal boundaries of the City of Pasco notice shall be mailed to the appropriate county officials; (d) Where the proposed subdivision is located adjacent to the right-of-way of a state highway notice shall be mailed to the Washington State Department of Transportation; and (e) Where the proposed subdivision is located within two (2) miles of a publicly owned airport, notice shall be mailed to the Washington State Secretary of Transportation. 26.24.060 PLANNING COMMISSION RECOMMENDATION. After a open record pre-decision hearing on a proposed preliminary plat, the Planning Commission shall render a recommendation within fourteen (14) days to the City Council as to whether the proposal based on the findings shall be denied, approved or approved with modifications or conditions. 26.24.070 FINDINGS OF FACT. Upon conclusion of the public hearing, the Planning Commission shall make and enter into findings from the record and conclusions thereof as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan, (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; (5) The proposed subdivision conforms to the general purposes of this Title; (6) The public use and interest will be served by approval of the proposed subdivision. 26.24.080 CITY COUNCIL CONSIDERATION. (1) Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Planning Commission shall be confirmed by a resolution of the City Council without further review. In the event of an appeal or the City Council deems further review is necessary, it shall conduct a closed record hearing, notice of which shall be given in accordance with Section 26.24.050. (2) In those cases that require further review, the City Council shall at the conclusion of such a closed record hearing make and enter findings of fact following the review criteria of 26.24.070 and take one of the following actions: 23 I (a) Approve the preliminary plat with or without conditions; (b) Deny the preliminary plat. 26.24.090 NOTICE OF DECISION. Following adoption of a resolution approving or denying a preliminary plat, the applicant shall be notified of the City Council's action. The notice shall be accompanied by a copy of the adopted resolution and shall also inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved. The approved preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with preparation of the final plat. 26.24.100 ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT. (1) Minor adjustments: Minor adjustments may be made and approved by the City Planner. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. (2) Major adjustments: Major adjustments are those when determined by the City Planner, substantially change the basic design, layout, open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. (3) Time limitations. A preliminary plat shall be valid for a five (5) year period following City Council approval of the preliminary plat. 26.24.110 LARGE DEVELOPMENTS. In order to discourage premature subdivision and unfeasible improvements of streets, the following procedure is provided for: (1) When a developer or group of developers have in their control an area of land which they wish to plat, but of such a large size that the sale of a majority of the lots in the area would take more than a year, they may cause to be prepared a preliminary plat for the entire area of development; (2) On such preliminary plat, development divisions may be designated; (3) Upon approval of the preliminary plat, the developer may cause to be prepared a final plat for one or more development divisions, provided the order of development allows for the provision of utilities and streets with proper alignment with existing and future utilities and streets; (4) Each development division shall be considered as a final plat and provisions of these regulations shall be complied with for such development division. 24 26.24.120 FEES. At the time of filing an application for a preliminary plat, the subdivider shall pay a fee as identified in 26.52.010. In addition to the preliminary plat fee, the subdivider shall be responsible for reimbursing the City for costs related to field engineering as identified in 26.52.010. 25 CHAPTER 26.28 FINAL PLAT Sections: 26.28.010 Application. 26.28.020 Final Plat Preparation. 26.28.030 Final Plat Contents. 26.28.040 Title Certificate Required. 26.28.050 Approval Requirements. 26.28.060 City Council approval. 26.28.070 Terms of approval. 26.28.080 Recording and Distribution 26.28.090 Building and occupancy permits. 26.28.010 APPLICATION. (1) Within five (5) years of the approval of a preliminary plat, the subdivider shall prepare and submit for approval a final plat for recording purposes, together with such supplementary information, certificates and bonds as may be required. The final plat shall be submitted to the City Planner at least fifteen (15) days before the City Council meeting at which approval is sought. (2) A complete application shall consist of the original signed, dated and stamped mylar drawing of the subdivision with ten copies, a title certificate, applicable instrument identified in 26.28.050 to cover the cost of outstanding improvements, and digital copy of the final plat in a format specified by the City Engineer. 26.28.020 FINAL PLAT PREPARATION. (1) Preparation. The final plat shall be prepared by a professional land surveyor licensed by the State of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geometric details are correct. (2) Scale and format. The final plat shall be drawn in permanent black ink on a mylar sheet measuring twenty-four (24) inches by thirty-six (36) inches in size, allowing two (2) inches for a margin. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of one hundred (100) feet or fewer to the inch. If more than one (1) sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. The final plat shall also be submitted for review in a digital format specified by the City Engineer. 26 z 26.28.030 FINAL PLAT CONTENTS. The final plat shall show and contain the following information: (1) Primary control points approved by the City Engineer, and descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referenced; (2) The final plat shall be accompanied by complete field and computation notes showing original or reestablished corners, with description of them and actual traverse showing error of closure and method of balancing, with sketch showing all distances, angles, and calculations required to determine corners and distances of the plat. The allowable error of closure shall not exceed one (1) foot in four thousand (4000) feet (Authority, RCW 58.16.130); (3) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate courses, distances, dimensions, or deflection angles, complete curve data for street centerlines and property lines, and other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines; (4) Name and right-of-way width of each street and other right-of-way, or easement; (5) Locations, dimensions and purpose of any easements; (6) Number, to identify each lot or site with accurate dimensions in feet and hundredths of feet; (7) A table showing the square footage of each lot; (8) Purpose for which sites, other than residential lots, are dedicated or reserved; (9) Location and description of monuments; (10) Reference to recorded subdivision plats of adjoining platted land by recorded name, date and number; (11) Certification by surveyor or engineer certifying to the accuracy of the survey and plat; (12) Statement by the owner dedicating streets; rights-of-way and any other sites for public use; (13) Name of the plat, scale, northpoint and date; (14) Spaces for certificates or approvals of the following officials or agencies: (a) Mayor. (b) Chairman, City Planning Commission. (c) City Engineer. (d) Franklin County P.U.D. or applicable utility provider. (e) Franklin County Irrigation District #1 (where applicable). (f) County Assessor. (g) County Treasurer. (h) County Auditor. (15) All signatures shall be in permanent black ink. 27 l 26.28.040 TITLE CERTIFICATE REQUIRED. All final plats submitted for approval shall be accompanied by a title company certification (current within 30 days) confirming that title of the land as described and shown in the plat are in the name of the owner(s) signing the plat. 26.28.050 APPROVAL REQUIREMENTS. Prior to approval of a final plat, all required infrastructure improvements including as built drawings and data of all underground utilities necessary to serve said plat must be constructed and accepted by the City Engineer. In lieu of actually completing all improvements, the developer may provide the City with a bond, cash or irrevocable line of credit in an amount equal to one hundred twenty-five (125%) percent of the City Engineer's estimate of the cost to complete the required infrastructure improvements. No certificate of occupancy will be issued for any structure in a subdivision until all infrastructure improvements are completed. 26.28.060 CITY COUNCIL APPROVAL. The City Council shall have sole authority to approve final plats. Such approval shall occur by majority affirmative vote of the City Council during a regular City Council meeting. A final plat shall only be approved if the City Council finds the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws and this title which requirements were in effect on the date of submission of a fully completed preliminary plat application. 26.28.070 TERMS OF APPROVAL. A subdivision shall be governed by the terms of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five (5) years after final plat approval unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. 26.28.080 RECORDING AND DISTRIBUTION. The original and copies of the approved final plat shall be distributed as follows: (1) The original shall be returned to the applicant once the final plat bears the certificate or approval of all appropriate officials or agencies and then forwarded to the County Auditor for recording; (2) After recording one (1) paper copy shall be transmitted to the City Planner, the City Engineer, the Franklin County PUD and the County Assessor. (3) When the final plat is created in a digital format the applicant shall also provide the City Planner with one copy of the final plat in a digital format as specified by the City Engineer and shall provide the County Assessor one copy of the final plat in a digital format as specified by the County Assessor. 28 r I 26.28.090 BUILDING AND OCCUPANCY PERMITS. (1) No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until all required infrastructure improvements which will serve the subject lot or parcel have been constructed and accepted by the City Engineer or have been bonded or otherwise guaranteed, provided the Fire Chief has determined that adequate fire protection for the construction exists. (2) No occupancy permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required infrastructure improvements which will serve such lot. 29 1 I CHAPTER 26.32 SUBDIVISION IMPROVEMENTS Sections: 26.32.010 Plan Preparation and Approval. 26.32.020 Street, Sanitary Sewer and Water Plans. 26.32.030 Street, Block and Lot Layout. 26.32.040 Drainage Plans. 26.32.050 Changes in Grade. 26.32.060 Street Signs and Channelization. 26.32.070 Street Lighting. 26.32.080 Fire Hydrants. 26.32.090 Subdivision Fencing 26.32.100 Underground Utilities. 26.32.110 Survey. 26.32.010 PLAN PREPARATION AND APPROVAL. Plans for improvements shall be prepared, signed, dated and stamped by a professional civil engineer registered in the State of Washington and shall be in accordance with standard drawings and materials list and other specifications set forth by the City Engineer. Plans shall be submitted to the City Engineer, following preliminary plat approval, and no construction permit or approval shall be issued, and no construction activity shall commence relating to subdivision improvements until the plans required by this chapter have been approved and signed by the City Engineer. 26.32.020 STREET, SANITARY SEWER AND WATER PLANS. Plan/profile maps shall be prepared for all proposed streets, sanitary sewer systems and water systems. The horizontal scale of such plans shall be one (1) inch equal fifty (50) feet and the vertical scale shall be one (1) 'inch equals five (5) feet or as approved by the City Engineer. The plans required by this section shall show all existing and proposed topography, utilities, grades, lot lines with appropriate numbers, rights-of-way and all other features or additional information required by the City Engineer. 26.32.030 STREET, BLOCK AND LOT LAYOUT. The layout, design, and construction of streets, alleys, lots and block shall conform in all aspects to the provisions of chapters 26.12 and 26.16. 26.32.040 DRAINAGE PLANS. Drainage and site grading plans shall be prepared in conformance with the standard drawings and materials lists and shall be prepared by a professional Civil Engineer registered in the State of Washington. 30 26.32.050 CHANGE IN GRADE. All changes in street grades shall be connected by vertical curves meeting the standards and requirements of the City Engineer. 26.32.060 STREET SIGNS AND CHANNELIZATION. The subdivider shall provide and install all required traffic regulatory signs, street name signs and street striping and channelization as directed by the City Engineer and in compliance with all applicable standards and regulations. 26.32.070 STREET LIGHTING. Street lighting shall be installed and conform to the standards and requirements of the City Engineer. 26.32.080 FIRE HYDRANTS. Fire hydrants and the installation shall conform to the standards adopted by the City Engineer. 26.32.090 SUBDIVISION FENCE BUFFERING. Subdivisions with lots backing on arterial streets shall include, as a part of the subdivision improvements, a common fence along the property line common with the arterial street. A chain link fence with slats will not satisfy this requirement. Common fences shall be constructed of decorative concrete masonry block, brick or cedar, the design of which shall be approved during the preliminary platting process. 26.32.100 UNDERGROUND UTILITIES. (1) All utility lines serving the subdivision, including but not limited to power, telephone and television cables shall be installed underground. Adequate easements shall be provided for all such utility lines, which will not be located within the right-of-way. (2) The design and location of all private utilities must be submitted to the City for approval at the same time that the street, drainage, water and sewer designs are submitted as required by 26.32.020. 26.32.110 SURVEY. (1) The survey of every proposed subdivision, and the preparation of preliminary and final plats thereof, shall be made by or under the supervision of a professional land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed; (2) The surveyor shall furnish the City Engineer with survey notes (field notes in loose leaf Engineers notebook acceptable), which shall clearly show: (a) The ties to each permanent monument; (b) At least three durable, distinctive reference points or monuments; (c) Sufficient data to determine readily the bearing and length of each line; and (d) The base meridian referred to. 31 l r (3) A traverse of the boundaries of the subdivision and all lots and blocks shall close within the amount stated in WAC 332-130-090; (4) Primary survey control points shall be referenced to section corners and monuments. Corners of adjoining subdivision or portions thereof shall be identified and ties shown; (5) Permanent control monuments shall be established at: (a) All controlling corners on the boundaries of the subdivision; (b) The centerline intersections of all roads within the subdivision; (c) The beginning and end of curves on centerlines; and (d) All block corners. (6) Permanent control monuments may be placed on offset lines. The position and type of every monument shall be noted on all plats of the subdivision. Permanent control monuments shall be set in 2" pipe, 24" long, filled with concrete with a brass ascribed pin attached, or shall be constructed of an approved equivalent; (7) Permanent control monuments within the street shall be set after the roads are graded. In the event a final plat is approved before streets are graded, the survey deposited to secure grading shall be sufficient to pay the costs estimated by the City Engineer, of setting such monuments. (8) Every lot corner shall be marked by a 1/2", 2 foot long galvanized iron pipe or approved equivalent driven into the ground; (9) If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the ordinary high-water mark. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line. 32 r CHAPTER 26.36 SHORT PLATS Sections: 26.36.010 Purpose. 26.36.020 Applicability. 26.36.030 Exceptions. 26.36.030 Application-Submittal and fee. 26.36.050 Application-Preparation. 26.36.060 Short Plat Title Certificate 26.36.070 Application-Content. 26.36.080 Administrative duties. 26.36.090 Administrative determination. 26.36.100 Approval and filing. 26.36.110 Appeals. 26.36.120 Resubdivisions procedure. 26.36.010 PURPOSE. The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation of nine (9) or fewer lots meeting the zoning and subdivision requirements established in Titles 25 and 26. The intent of the short plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. 26.36.020 APPLICABILITY. Every proposed short plat or short subdivision of land, for the purpose of sale, lease or transfer of ownership into nine (9) or less parcels or tracts within the City shall be processed in compliance with this chapter. 26.36.040 APPLICATION-SUBMITTAL AND FEE. Any person desiring to divide land into nine (9) lots or less for the purpose of sale, lease or transfer of ownership shall submit an application for short plat approval to the City Planner together with an application fee as specified in 26.52.010. 26.36.050 APPLICATION- PREPARATION. Applications for approval of a short plat shall be accompanied with pertinent survey data compiled as a result of a survey made by or under the supervision of a registered land surveyor. 26.36.060 SHORT PLAT TITLE CERTIFICATE. All short plats shall be accompanied by a title company certification (current within thirty (30) days) confirming that the title of the lands as described and shown in the short subdivision are in the name of the owner(s) signing the short plat. 33 r 26.36.070 APPLICATION - CONTENT. Applications for approval of short plats shall contain: (1) Six copies of a sketch (at a scale of one (1) inch to one hundred (100) feet) of the entire contiguous tract owned by the applicant subdivider, in a paper format of eighteen (18) inches x twenty-four (24) inches with two inch margins which shall show: (a) The owner's of adjacent land and names of any adjacent subdivision; (b) A vicinity map; (c) Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of each lot; (d) Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads, and rights-of-way within and adjacent to the tract; (e) Location, dimensions and usage designations for all proposed and existing easements of record; (f) Proposed source of water supply and method of sewage disposal for each lot; (g) The legal description and parcel number of the said tract and legal descriptions of all proposed lots; (h) The name and address of the owner or owners of the said tract; (i) A completed Environmental Checklist form; 0) Land Surveyor Certificate; (k) Signatures of all recorded property owners agreeing to the division of property; (1) A utility easement and improvement statement shall be shown on the face of the short plat in a manner prescribed by the appropriate utility provider; (m) The signature block shall include the following: W City Engineer. (ii) City Planner. (iii) County Auditor. (iv) Franklin County Public Utility District or other utility district. (v) Irrigation District (when applicable). 26.36.080 ADMINISTRATIVE DUTIES. The City Planner, is vested with the duty of administrating the provisions of this chapter. (1) An application for short plat approval shall be approved with conditions, returned to the applicant for modifications or denied within thirty (30) days of its receipt by the City Planner unless the applicant agrees, in writing, to an extension of this period. The City Planner shall not be considered to be in receipt of an application for short plat approval unless and until such time as the application meets the requirements of Section 34 1 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the City Planner. (2) Upon receiving a complete application for short plat approval, the City Planner shall transmit a copy of the short plat, together with copies of any accompanying documents as the City Planner deems appropriate, to the following: (a) City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement standards and specifications; (b) Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access; (c) Any other City department, utility provider, school district or other public or private entity as the City Planner deems appropriate. (3) In transmitting the proposed short plat to the parties referenced above, the City Planner shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the City Planner in order to be considered. Any comments received by that date shall be incorporated into the formal findings which will form the basis of the City Planner's decision on the short plat. If no comments are received from any of the parties referenced above, the City Planner shall make such findings as he/she reasonably deems appropriate. However, in every case a proposed short plat shall contain a statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The City Planner shall not approve a short plat, which does not contain a statement signed by the City Engineer. 26.36.090 ADMINISTRATIVE DETERMINATIONS. The City Planner shall, after conferring with appropriate officials, determine whether: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and schools grounds, sidewalks and other planning features that assure safe walking conditions for students, (2) The proposed short plat contributes to the orderly development and land use patterns in the area; (3) The proposed short plat conforms to the policies, maps and narrative text of the comprehensive plan; (4) The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the City Council; 35 1 (5) The proposed short plat conforms to the general purposes of this title; (6) The public use and interest will be served by permitting the proposed division of the land. 26.36.100 APPROVAL AND FILING. (1) If the City Planner determines that the foregoing requirements are met, he/she shall approve the short plat, and shall transmit the approved mylar drawing to the applicant. Once approved the short plat will be returned to the applicant for recording with the County Auditor. (2) The applicant must provide the City Planner one (1) paper copy of the recorded document and the County Assessor one (1) paper copy of the recorded document before the short subdivision becomes valid; (3) When a short plat is created in a digital format the applicant shall also provide the City Planner with one copy of the short plat in a digital format as specified by the City Engineer and shall provide the County Assessor one copy of the short plat in a digital format as specified by the County Assessor. 26.36.110 APPEALS. (1) Appeals of an administrative decision relating to a short plat may be made to a hearing examiner pursuant to Chapter 22.84 of the Title. Such an appeal must be made in writing and filed together with the appeal fees listed in 26.52.010 with the City Planner within ten (10) working days from the date on which the decision was rendered if not, the decision of the City Planner is final and no further appeal may be made. (2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be the final action. 26.36.120 RESUBDIVISION PROCEDURE. (1) Land divided through the short plat process into four or more lots may not be re-short platted for a period of five years. Any further land division must occur through the preliminary and final platting process. (2) Lands which have been subdivided under the preliminary and final plat process may be further subdivided using the short plat or binding site plan process. 36 1 R CHAPTER 26.40 BINDING SITE PLAN REGULATIONS Sections: 26.40.010 Purpose. 26.40.020 Applicability. 26.40.030 Pre-Application. 26.40.040 Application. 26.40.050 Survey Required. 26.40.060 Binding Site Plan Certifications Required. 26.40.070 Binding Site Plan Title Report. 26.40.080 Administrative Duties. 26.40.090 Approval and Filing. 26.40.100 Development Requirements. 26.40.110 Standards for Binding Site Plans. 26.40.120 Conformance to Requirements. 26.40.130 Alterations. 26.40.140 Vacation. 26.40.150 Appeals. 26.40.160 Enforcement. 26.40.010 PURPOSE. The purpose of a binding site plan is to provide an alternative method of land subdivision to that which is provided under the standard subdivision or short plat process of this title. The intent of the binding site plan process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. 26.40.020 APPLICABILITY. The division of property by the binding site plan process may only be used for the following: (1) Division of land for the sale or lease of commercial or industrially zoned property as provided in Title 25; (2) The division of land for the purposes of leasing space for mobile homes or travel trailers so long as the site plan complies with all applicable mobile home park and zoning regulations; (3) The division of land involving improvements constructed or to be constructed thereon, that will be one or more condominiums or owned by an association or other legal entity. 26.40.030 PRE-APPLICATION. Prior to applying for binding site plan approval, anyone may present a preliminary site plan which contains (in a rough and approximate manner) all of the information required for a formal binding site plan application. The purpose of the preliminary site plan submittal is to enable the person presenting the plan to obtain a preliminary assessment from the City as to the preliminary site plan's compliance with 37 adopted plans, policies and ordinances of the City. Prior to receiving binding site plan approval an applicant is required to submit a fully completed application. The pre-application review described herein creates no rights to the submitter or obligation to the submitter by the jurisdiction. 26.40.040 APPLICATION. Applications for binding site plan approval shall be filed with the City Planner. To be considered complete and considered for approval, a binding site plan must contain the following: (1) Binding Site Plan drawn on 18" x 24" paper showing: (a) Name of the binding site plan and space for numerical assignment; (b) Legal description of the entire parcel, legal description of each proposed lot, square footage of each lot, date, scale and north arrow; (c) Boundary lines, rights-of-way for streets, easements and property lines of lots and other sites with accurate bearings dimensions or angles and arcs and of all curve data; (d) Names and rights-of-way widths of streets within the parcel and immediately adjacent the parcel; (e) Number of each lot and block; (fl References to covenants, joint use, access easements or other agreements either to be filed separately or with the binding site plan; (g) Zoning setback lines and building envelopes where applicable; (h) Location, dimension and purpose of any easements noting if the easements are private or public; (i) Location and description of monuments and all lot corners set and found; 0) Datum, elevations and primary control points approved by the City Engineer, descriptions and ties to all control points shall be shown with dimensions angles and bearings; (k) A dedicatory statement acknowledging public and private dedications and grants: (1) Parking areas, loading areas, general circulation, landscaping area; (m) Proposed use and location of buildings with dimensions where applicable; (2) Be submitted with the documents required by Sections 26.40.050, 26.40 .060 and 26.40.070 below: (3) Be accompanied with a fee as specified in 26.52.010; (4) A completed Environmental Checklist. 26.40.050 SURVEY REQUIRED. (1) A survey must be performed and filed with every binding site plan. The survey must be conducted by or under 38 i the supervision of a Washington State registered land surveyor. The surveyor shall certify on the binding site plan that it is a true and correct representation of lands actually surveyed and the survey was done in accordance with state law. (2) In all binding site plans, lot corner survey pins must be set before final approval can be granted. (3) In all binding site plans, perimeter monuments must be set before final approval can be granted. (4) In all binding site plans, control monuments must be set before final acceptance of public improvements. 26.40.060 BINDING SITE PLAN CERTIFICATIONS REQUIRED. (1) A certificate giving a full and correct description of the lands divided as they appear on the binding site plan, including a statement that the division has made with the free consent and in accordance with the desires of the owners of the land covered by the binding site plan must be filed with the application. If the binding site plan is subject to a dedication the certificate or a separate written instrument shall also be required and contain a dedication of all streets and other public areas to the public; (2) A certification by a licensed surveyor, licensed in the state, that the binding site plan survey is accurate and conforms to the provisions of these regulations and state law must e filed with the application. (3) All binding site plans are required by RCW 58.17.040 to contain the following declaration: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City, and in accordance with such other governmental permits, approvals regulations, requirements, and restrictions that may be imposed upon such land and the development thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." 26.40.070 BINDING SITE PLAN TITLE REPORT. All binding site plans shall be accompanied by a title company certification (current within 30 days) confirming that the title of the lands as described and shown in the binding site plan are in the name of the owner(s) signing the binding site plan. 26.40.080 ADMINISTRATIVE DUTIES. The City Planner, referred to in this chapter as the City Planner is vested with the duty of administrating the provisions of this chapter: (1) A fully completed application for binding site plan approval shall be approved with conditions, returned to the applicant for modifications or denied within thirty (30) days of its receipt by the City Planner unless the 39 applicant agrees, in writing, to an extension of this period. The City Planner shall not be considered to be in receipt of an application for binding site plan approval unless and until such time as the application meets the requirements of Sections 26.40.040, 26.40.050, 26.40.060 and 26.40.070 as determined by the City Planner. (2) Upon receiving a complete application for binding site plan approval, the City Planner shall transmit a copy of the binding site plan, together with copies of any accompanying documents as the City Planner deems appropriate, to the following: (a) City Engineer, who shall review the proposed binding site plan with regard to its conformance to the general purposes of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer and conformance to any applicable improvement standards and specifications; (b) Fire Chief, who shall review the proposed binding site plan with regard to adequate provisions for emergency access; (c) Any other City department, utility provider, school district or other public or private entity as the City Planner deems appropriate. (3) In transmitting the proposed binding site plan to the parties referenced above, the City Planner shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the City Planner in order to be considered. Any comments received by that date shall be incorporated into the formal findings which will form the basis of the City Planner's decision on the binding site plan. If no comments are received from any of the parties referenced above, the City Planner shall make such findings as he/she deems just. However, in every case a proposed binding site plan shall contain a statement of approval from the City Engineer, as to the survey data, the layout of streets, alleys and other rights-of-way, design of sewer and water systems and other infrastructure. The City Planner shall not approve a binding site plan, which does not contain a statement signed by the City Engineer (4) The City Planner shall review the proposed binding site plan and determine its conformance to the general purposes of this Title, its conformance with the Comprehensive Plan and its conformance with the Zoning Ordinance and any other applicable land use controls. These determinations shall form the basis of the City Planner's decision on the binding site plan. 26.40.090 APPROVAL AND FILING. (1) Upon approval of the binding site plan by the City Planner, the applicant shall take the original mylar binding site plan, obtain all other approvals from affected utilities and the County Treasurer, and file it with the County Auditor, conforming to statutory requirements. 40 (2) The applicant must provide the City Planner one (1) paper copy of the recorded document and the County Assessor one (1) paper copy of the recorded document before the binding site plan becomes valid; (3) When the binding site plan is created in a digital format the applicant shall also provide the City Planner with one (1) copy of the binding site plan in a digital format as specified by the City Engineer and shall provide the County Assessor one (1) copy of the binding site plan in a digital format as specified by the County Assessor. _26.40.100 DEVELOPMENT REQUIREMENTS. All developments must be in conformance with the recorded binding site plan. 26.40.110 STANDARDS FOR BINDING SITE PLANS. The following standards shall apply to binding site plans: (1) All binding site plans shall be drawn on mylar 18 inches x 24 inches; (2) Division lines between lots on binding site plans shall be considered lot lines under PMC Title 25; (3) Each such tract or lot created by a binding site plan shall have one (1) designated front lot line and one (1) rear lot line including those which have no street frontage; (4) All tracts, parcels and lots created by a binding site plan shall be burdened by an approved maintenance agreement maintaining access to the various lots, tracts and parcels and for the costs of maintaining landscaping and other common areas; (5) When any lot, tract or parcel is created without street frontage, access easements shall be provided and said easements shall be recorded in the County Auditor's Office with the recording number and an easement notation provided on the face of the binding site plan. (6) Sufficient parking for each use must be located on the lot where the use is located or through joint parking agreements with adjoining owners. Notations on parking agreements must be provided on the face of the binding site plan. All parking lots shall be paved and designed to control drainage on- site; (7) Except for interior lots all setbacks for structures shall be the same as required in the zoning regulations and PMC Title 25; (8) Lots within an approved binding site plan do not have to meet lot requirements as prescribed in this title and Title 25. 26.40.120 CONFORMANCE TO REQUIREMENTS. All binding site plans shall conform with all of the jurisdiction's ordinances and policies regarding the use and development of properties contained within the binding site plan with the exception of the exclusions provided for herein. 41 26.40.140 ALTERATION. The recorded binding site play may be altered at the City Planner's discretion by processing through the review/approval procedure. Alterations to a binding site plan must be recorded. 26.40.150 VACATION. The recorded binding site play may be vacated by the City Planner, but only after approval and recording of a new binding site plan. 26.40.160 APPEALS. (1) Appeals of an administrative decision relating to a binding site plan may be made to a hearing examiner pursuant to Chapter 25.84 of the title. Such an appeal must be made in writing and filed together with the appeal fees listed in 26.52.010 with the City Planner within ten (10) working days from the date on which the decision was rendered, if not, the decision of the City Planner is final and no further appeal may be made. (2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be the final action. 26.40.170 ENFORCEMENT. The County Auditor shall refuse to accept for recording any binding site plan, which does not bear the verification of approval as defined by this chapter. The City will prosecute violation of this title and commence actions to restrain and enjoin a violation of this title and compel compliance with the provision of this chapter. The costs of such action shall be the responsibility of the violator. 42 CHAPTER 26.44 BOUNDARY LINE ADJUSTMENT Sections: 26.44.010 Purpose. 26.44.020 Applicability. 26.44.030 Application. 26.44.040 Administrative review. 26.44.010 PURPOSE. The purpose of a boundary line adjustment is to provide an administrative method of modifying the boundary lines between two (2) or more lots of record. The intent of a lot line adjustments is to address existing problems pertaining to building encroachment, irregular shaped lots, non-conforming lots sizes or to modify lot lines to promote orderly and efficient community growth. 26.44.020 APPLICIBILITY. The boundary lines separating two (2) or more lots of record may be adjusted under the provisions of this chapter, provided that such adjustment: (1) Will not result in the creation of any additional lot, tract, parcel, site or division; (2) Will not create any lot, tract, parcel, site or division which contains insufficient area and dimensions to meet all of the requirements of the zoning ordinance (PMC Title 25); (3) Will not adversely affect access, easement or drain fields; (4) Will be consistent with any applicable health, building or similar regulations; (5) Will not increase the nonconforming aspects of an existing nonconforming lot or structure. 26.44.030 APPLICATION. (1) A complete application for a lot line adjustment shall be made on forms to be provided by the Planning Department, and shall be submitted to the Planning Department together with the applicable fee identified in 26.52.010 and six (6) copies of the proposed adjustment, drawn to scale and accurately dimensioned, clearly showing the following information: (a) The proposed lot lines for all affected lots, indicated by heavy solid lines; (b) The existing lot lines proposed to be changed, indicated by heavy broken lines; (c) The location of all structures existing upon the affected lots; (d) The location and dimensions of any drain field, wellhead protection area, easement or right-of-way existing within or adjacent to any affected lot; 43 r' (e) The area and dimensions of each lot following the proposed adjustment; (0 Parcel numbers for all affected lots; (g) Legal description of the existing lots and a legal description of the area involved in the boundary line adjustment; (h) The existing and if applicable, proposed future method of sewage disposal for each affected lot. Where any lot affected by a proposed lot line adjustment is served or is likely to be served in the future by an on-site sewage disposal system, a percolation test for each such lot may be required by the City Engineer when the City Engineer finds that the proposed adjustment could adversely affect the ability of such lot to be adequately served by such on-site system. (2) The City Planner may require the lot line adjustment to be prepared by a licensed land surveyor in order to ensure the accuracy of the new legal descriptions and drawing. 26.44.040 ADMINISTRATIVE REVIEW. An application for a lot line adjustment shall be approved, approved with conditions, returned to the applicant for modifications or denied within fifteen (15) days of its receipt by the City Planner. The City Planner shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements of Section 26.44.030, as determined by the City Planner. (1) The City Planner shall forward one (1) copy of the proposed lot line adjustment plan to the City Engineer and Fire Department who shall review the plan and submit comments to the City Planner within ten (10) days of receipt. (2) The City Planner shall forward one (1) copy of the proposed lot line adjustment plan to the Franklin County P.U.D., Franklin County Irrigation District if applicable and all other effected utility providers. These agencies identified in this subsection shall review the plan and submit comments to the City Planner within ten (10) days of receipt. Failure of a utility provider to respond to the application within ten (10) days shall be deemed as approval by the specific utility provider. (3) Following receipt of the comments of those consulted under Subsections A and B above, but not later than fifteen (15) days following receipt of a complete application, the City Planner shall approve or deny the requested lot line adjustment. If the boundary line adjustment is denied, the City Planner shall make appropriate findings of fact in writing. Following approval, the City Planner shall notify the applicant and the County Assessor. The applicant shall then record new deeds reflecting the changes of ownership for the effected properties and when required record the boundary line adjustment survey of the lot line adjustment with the County Auditor within thirty (30) days or the lot line adjustment shall be null and void. (4) Appeals of an administrative decision relating to a binding site plan may be made to a hearing examiner pursuant to Chapter 25.84 of the title. Such an appeal must be made in writing and filed together with the 44 appeal fees listed in 26.52.010 with the City Planner within ten (10) working days from the date on which the decision was rendered if not, the decision of the City Planner is final and no further appeal may be made. (5) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be the final action. 45 CHAPTER 26.48 TAX PARCEL SEGREGATION Sections: 26.48.010 Purpose 26.48.020 Applicability. 26.48.030 Application. 26.48.040 Administrative Review. 26.48.050 City Acceptance of Tax Parcel Segregation Required. 26.48.010 PURPOSE. The purpose of a tax parcel segregation is to provide an administrative method to separate lots of record into parcels suitable as building sites. The intent of a tax parcel segregation is to address problems pertaining to multiple platted lots being parceled as one taxable unit and to promote orderly and efficient community growth. 26.48.020 APPLICABILITY. A tax parcel containing two (2) or more lots of record may be segregated under the provisions of this chapter, provided that such adjustment: (1) Will not result in the creation of more tax parcels than platted lots; (2) Will not create any lot, tract, parcel, or site which contains insufficient area and dimensions to meet the requirements of the Zoning Ordinance (PMC Title 25); (3) Will not adversely effect access, easements or drain fields; (4) Will be consistent with any applicable health, building or similar regulations; (5) Will not increase the nonconforming aspects of an existing nonconforming lot or structure. 26.44.030 APPLICATION. (1) A complete application for tax parcel segregation shall be made on forms to be provided by the City Planner, and shall be submitted to the Planning Department together with the applicable fee identified in P.M.C. 26.52.010 and six (6) copies of a plan, drawn to scale and accurately dimensioned, clearly showing the following information: (a) The proposed parcel lines for all affected lots, indicated by heavy solid lines; (b) The legal description(s) and parcel number(s) of the affected parcel(s); (c) The location of all structures existing upon the affected parcel(s); (d) The location and dimensions of any drain field, wellhead protection area, easement or right-of-way existing within or adjacent to any affected parcel(s); 46 (e) The area and dimensions of each parcel following the proposed segregation; (f) The existing and, if applicable, proposed future method of sewage disposal for each affected parcel. Where any parcel affected by a proposed segregation is served or is likely to be served in the future by an on-site sewage disposal system, a percolation test for each such parcel may be required by the City Engineer when the City Engineer finds that the proposed segregation could adversely affect the ability of such parcel(s) to be adequately served by such on-site system. (2) The City Planner may require a tax parcel segregation to be prepared by a licensed land surveyor in order to ensure the accuracy of the new legal descriptions and drawing. 26.48.040 ADMINISTRATIVE REVIEW. An application for tax parcel segregation shall be approved, approved with conditions, returned to the applicant for modifications or denied within fifteen (15) days of its receipt by the City Planner. The City Planner shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements of Section 26.48.030. (1) The City Planner shall forward one (1) copy of the proposed tax parcel segregation plan to the City Engineer who shall review the plan and submit comments to the City Planner within ten (10) days of receipt. (2) Following review of the comments the City Engineer, but no later than fifteen (15) days following receipt of a complete application, the Planning Director shall approve or deny the requested tax parcel segregation. If the tax parcel segregation is denied the City Planner shall make appropriate findings of fact in writing. Following a decision, the City Planner shall notify the applicant. (3) The City shall provide the County Assessor's Office with documentation of acceptance for all approved tax parcel segregations. The applicant shall be responsible for completion of all conditions imposed by the County Assessor and the County Treasurer. The City's acceptance of the tax parcel segregation shall be valid for a period of sixty (60) days in which the applicant must satisfy all requirements of the County Assessor and the County Treasurer or the acceptance of the tax parcel segregation shall be null and void. (4) Appeals of an administrative decision relating to a binding site plan may be made to a hearing examiner pursuant to Chapter 25.84 of this title. Such an appeal must be made in writing and filed together with the appeal fees listed in 26.52.010 with the City Planner within ten (10) working days from the date on which the decision was rendered, if not, the decision of the City Planner is final and no further appeal may be made; (5) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall be the final action. 47 r + 26.48.050 CITY ACCEPTANCE OF TAX PARCEL SEGREGATION REQUIRED. Prior to segregation of any parcel within the City of Pasco the property owner(s) must comply with the conditions of this chapter. The County Assessor's Office shall not segregate any tax parcel located within the City of Pasco without documentation that the City has approved the segregation. CHAPTER 26.52 FEES Section: 26.52.010 Fees. 26.52.010 FEES. Whenever an application requiring a fee under this title, in addition to all other required data, the applicant shall pay an application fee to the City or County according to the following fee schedule. (1) Preliminary plat - $650 plus $30 for each lot with the total fee not to exceed $950; (2) Final Plat - Prevailing City engineering billing rates as existing now and hereafter amended; (3) Short Plat - $300; (4) Binding Site Plan - $300 ; (5) Boundary Line Adjustment - $50; (6) Parcel Segregation - $50; (7) Environmental Checklist - $100; (8) Appeal - $100. (9) No application shall be processed unless the respective application fee listed above has been paid in full, which fee shall be non- refundable. 48 Section 3. That any and all references to Title 21 within the Pasco Municipal Code be and the same are hereby amended to read Title 26. Section 4. This ordinance shall be in full force and effect on December 31, 1999. PASSED by the City Council of the City of Pasco, at its regular meeting, December 20, 19989. Charles D. Kilbury Mayor ATTEST: APPROVED AS TO FORM: v 1 ~r Catherine D. Seaman Lelend B. Kerr Deputy City Clerk City Attorney 49 a CITY OF PASCO SUMMARY OF ORDINANCE NO. 3398 ORDINANCE NO. 3398 is an ordinance relating to subdivisions amending the Pasco Municipal Code by repealing Title 21, Plats and Subvdivisions, and enacting a new Title 26 creating new Pasco Urban Area Subdivision Regulations for the City of Pasco. Section 1. Amends the Municipal Code by repealing Title 21 containing the existing regulations for plats and subdivisions in the City. Section 2. Enacts a new Title 26 in the Municipal Code containing new subdivision regulations for the City. Title 26 contains the following Chapters: 26.04 General Regulations - Explains the purpose of the subdivision regulations and provides general guidance for the balance of the Title. 26.08 Definitions - Provides definitions for certain words and terms used in Title 26. 26.12 Streets - Establishes standards for street layout and improvements. 26.16 Lots & Blocks - Sets forth standards for the size and dimensions of lots and blocks 26.20 Dedications for Parks & Playgrounds - Provides provisions for the required dedication of park and recreation facilities. 26.24 Preliminary Plats - Sets forth the process and requirements for the development and approval of a preliminary plat.. 26.28 Final Plat - Sets forth the process and requirements for the development and approval of a final plat. 26.32 Subdivision Improvements - Identifies required improvements, such as utilities, streets, street lighting and drainage. 26.36 Short Plats - Provides guidelines for the preparation and approval of short plats. 26.40 Binding Site plan Regulations - Provides guidelines for the preparation and approval of binding site plans. 26.44 Boundary Line Adjustment - Identifies the process for the approval of boundary line adjustments. 26.48 Tax Parcel Segregation - Identifies the process for the approval of a tax parcel segregation. 26.52 Fees - Lists the eight fees applicable to Title 26. 50 • r Section 3. States that all references to Title 21 within the Pasco Municipal Code shall be amended to read Title 26. Section 5. States that Ordinance No. 3398, becomes effective on December 31, 1999. The full text of Ordinance No. 3398 is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545- 3402, P. O. Box 293, Pasco, Washington 99301. Catherine D. Seaman, Deputy City Clerk 51. DATE: - - LEGAL NO. P.O.BOX 2508 ACCOUNT NO. PASCO,WASHINGTON 99302-2808 PHONE (509)582-1500 DESCRIPTION: LEGAL .ADVERTISING INVOICE TIMES: INCHES: SOLD TO: TOTAL$ NOTICI&=This Is an Invoice for legal advertising space.Please pay from this invoice as no statement will be rendered. Please detach at perforation and return with payment. AFFIDAVIT OF PUBLICATION lbrr� oat piKSG0 COUNTY OF BENTON SUm RAAFtY OF ss. ORDINANCE NO. QRQINANC� do STATE OF WASHINGTON endin tale Pasco Municipal C by repealing Title 21, and Subvdivisions, nd ''"`' being duly sworn, enasting a new Ti fe 2t3 creating new Paso Ujb en deposes and says, I am the Legal Clerk of the Tri-City Herald, a A r a a SubdIv.ls i on Regulations for the:City, of daily newspaper- That said newspaper is a legal newspaper and Pa.,_o. Section' 1.-Amends the has been approved as a legal newspaper by order of the superior Municippal Cado by r al-i ing Tina 21 containing the court in the county in which it is published and it is now and has existing regulations for. "atsC and subdivision 1n. been for more than six months prior to the date of the publication Section'2. Enacts a, ew' hereinafter referred to, published countinually as a daily newspa- TIVe 26 in the Muni pal Code containingg now, ub-I per in Benton County, Washington. That the attached is a true division regulations for the � ;:+ ':: "; ?; as It Gity. Title 26 contains the copy of a followin Chapters: 20.04 G�ener�tI Regular ns ,�` 1 was printed in the regular and entire issue of the Tri-City Herald E%ptains the pur�o6e of the Y subdnrision regulations nd itself and not in a supplement thereof, time(s), provides general gguide ice forthebalan000ftheTi e. commencing on - and ending on aides Definitions - ro- and that said newspaper was regulary vides definitfon`k for c® in `-,;� - ;'.. ' `->`• , words and terms use in Title 26. distributed to its subscribers during all of this period. 26.12 Streets. Estat)Hs es standards for street Is ut a& imEpots;menu, w.�y forth standards for the ize„ L and dimensions of Tots end blocks 26.20 pspicattons for PartsS & Ptaygroundts ra- vicles provJsiona for the re- quired dedication at p ark and recreation facilities 26i24 Pretiminivy, Plat Sets tortes'tte r ulr®rrlents,for or th th d e d® el- SUBSCRIB ND SWORN BEFORE ME THIS DAY OF , I otary public in and for the State of Wash- ington, residing at COMMISSION EXPIRES