HomeMy WebLinkAbout4424 OrdinanceORDINANCE NO.—q, ►?--j
AN ORDINANCE AMENDING PMC TITLE 26 REGARDING THE DEDICATION OF PUBLIC
RIGHTS-OF-WAY
WHEREAS, cities have the responsibility to regulate and control physical development
within their borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the purpose of Title 26.04 includes regulating the division of land within the
Pasco Urban Area, promoting the health, safety, convenience, comfort, prosperity and general
welfare of the present and future inhabitants of the Pasco Urban Area; reducing congestion and
promoting safe and convenient travel by the public on streets and highways; promoting the
effective use of land; providing for proper ingress and egress; and implementing the goals,
objectives and policies of the Pasco Comprehensive Plan; and
WHEREAS, RCW 35.21.100 grants cities the right to accept "property donated, devised,
or bequeathed to it ... [and to] expend or use it for any municipal purpose;" and
WHEREAS, RCW 35.21.880 allows, but does not require cities to "credit donations of
right-of-way in excess of that required for traffic improvement against ... landscaping, parking,
or other requirements;" and
WHEREAS, City resolution 1372 Section 2(1) dated September 15, 1980 states in part "City
approval of ... building permit applications, will not be given until sufficient and appropriate
rights-of-way consistent with current City standards, are dedicated for the required ... streets
which are deemed necessary by the City for the proper circulation of traffic;" and,
WHEREAS, the City of Pasco contains numerous private parcels which do not contain
sufficient and appropriate dedicated rights-of-way; and
WHEREAS, some City of Pasco Municipal Code provisions, such as the placement of fences
and other structures, are based on the assumption of existing sufficient and appropriate rights-
of-way; and
WHEREAS, the City of Pasco is required to follow rule of law when issuing construction
permits; and
WHEREAS, the regulations must be driven by conformance with state and local law
that protect public interest, health and safety; and,
WHEREAS, in order to provide for the health, safety, and welfare of the community by
regulating the dedication of public rights-of-way the City Council hereby approves the
recommendation of the Planning Commission to amend the City of Pasco Municipal Code; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That Pasco Municipal code 26.04.110 shall be amended as follows:
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.
5) The dedication of sufficient and appropriate public street right-of-way where the
property line is located within 30 feet of the centerline of a clearly recognized and existing local
access or collector public street; or within 40 feet of the centerline of a clearly recognized and
existing primary or secondary arterial street; or within 50 feet of the centerline of a clearly
recognized and existing primary arterial street containing a landscape median.
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 of rights-of-way via individual document, binding site
plan, short plat, final plat or other administrative process document by the City Manager or
her/his appointee, or in the case of preliminary plats or other quasi-iudicial processes,
acceptance of dedication by a majority affirmative vote of the City Council the dedication
document shall be recorded in the office of the Franklin County Auditor.
Section 2. That Pasco Municipal code 26.36.070 shall be amended as follows:
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 @wReFs of adjaGe^";^^' ;na 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;
lot;
(f) Proposed source of water supply and method of sewage disposal for each
(g) The legal description and parcel number of the said tract ar'd legal
(h) The name and address of the owner or owners of the said tract;
(i) A completed Environmental Checklist form;
(j) 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:
(i) City Engineer.
(ii) Gity PIaRReF Community and Economic Development Director.
(iii) County Auditor.
(iv) Franklin County Public Utility District or other utility district.
(v) Irrigation District (when applicable).
Section 3. That Pasco Municipal code 26.36.080 shall be amended as follows:
26.36.080 ADMINISTRATIVE DUTIES. The GityTlaRRer Community and Economic
Development Director or designee, is vested with the duty of administrating the provisions of
this chapter.
(1) An application for short plat approval shall be approved, approved with
conditions, returned to the applicant for modifications or denied within thirty (30) days of its
receipt by the Gity Wan„er Community and Economic Development Director or designee unless
the applicant agrees, in writing, to an extension of this period. The City WaFlAeF Community and
Economic Development Director or designee 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 26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the
Gi�y PlaRner Community and Economic Development Director or designee. (Ord. 3758 Sec. 1,
2006).
(2) Upon receiving a complete application for short plat approval, the City rlaA;er
Community and Economic Development Director or designee shall transmit a copy of the short
plat, together with copies of any accompanying documents as the City danger Community and
Economic Development Director or designee 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) All property owners within 300 feet of the proposed short plat;
(d) Any other City department, utility provider, school district or other public
or private entity as the City °�t� r;a'ReF Community and Economic Development Director or
designee deems appropriate. (Ord. 3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties referenced above, the C+ -y
Plaaaef Community and Economic Development Director or designee shall solicit their comments
and recommendations, and note the date by which comments and recommendations must be
received by the Community and Economic Development Director or designee in order to be
considered. Comments from property owners must be received by the City °�tn r;a„„er Community
and Economic Development Director or designee in writing within 10 days of the date of the
notice in order to be considered. QtYer The Community and Economic Development
Director or designee shall respond in writing to any property owner comments received within 5
working days of receipt of the comments. The respondent shall then have 7 days to file an appeal
with the Community and Economic Development Director. Any comments received within the 10
day notice period shall be incorporated into the formal findings which will form the basis of the
r't•o cy rlanRe Community and Economic Development Director or designee's decision on the short
plat. If no comments are received from any of the parties referenced above, the CityPlaaaeK
Community and Economic Development Director or designee 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
oi......... -shall ..,,..,.,...,.ve a 51494 plat The short plat shall not be approved, which does not
contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.)
Section 4. That Pasco Municipal code 26.36.090 shall be amended as follows:
26.36.090 ADMINISTRATIVE DETERMINATIONS. The GkY PIaR:er Community and
Economic Development Director or designee 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;
(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. (Ord. 3398 Sec. 2, 1999.)
Section S. That a new section of Pasco Municipal code titled 26.36.095 shall be added as
follows:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City Engineer shall
determine whether:
(1) Public rights-of-way must be improved and utilities installed to the minimum
requirements of this code and City Standards.
(2) Required infrastructure improvements must be substantially completed as approved
by the City Engineer. Minor improvements consisting only of sidewalks and landscaping where
applicable, or similar improvements, may be secured by a plat bond.
(3) In lieu of completion of these minor improvements, prior to recording of the
short plat, a plat bond issued by a licensed corporate surety or two individual sureties or other
approved surety must be provided, to the full amount of the cost of such work, as estimated by
the City Engineer, including construction inspection costs, but in no case less than $2,000.00
(4) All or a portion of security will be released upon acceptance of the
improvements by the City Engineer, or upon substitution of another guarantee or approved bond
or security.
(5) If, after two years, all improvements are not so improved, the City will cause
the improvements to be provided in accord with the approved plans, and the costs thereof must
be by the bonding company, or out of the savings account assignment or other security.
(6) In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit,
or other surety approved by the City Attorney, equal to the cost of improvement multiplied by
125 percent may be posted. In addition, the City may require security up to two years against any
defect in workmanship or materials in the installation of the improvements
Section 6. That Pasco Municipal code 26.36.100 shall be amended as follows:
26.36.100 APPROVAL AND FILING.
(1) If the City "'^^^^F ^'^germine that the foregoing requirements are met, "^1�,�;all
aPPr-eve the short plat will be approved and transmitted and `hall ..^^... it the appF^ved mylar
dig 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 Gity-Pla. ReF Community and Economic
Development Director or designee 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 t#ie
''"•• PlanneF 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. (Ord. 3398 Sec. 2, 1999.)
Section 7. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this vl� day of Gbr�cs) , 2019.
Matt Watkins, Mayor
ATTEST:
,
Leland B. Kerr, City Attorney