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HomeMy WebLinkAbout4002 ',,-~ ~ ~ I ~ 1 2 3 4 .5 ORDINANCE NO. 4 0 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW TITLE 17 OF THE CODIFIED ORDINANCES OF THE CITY OF AUBURN, SUCH TITLE TO BE KNOWN AS THE LAND DIVISION ORDINANCE. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS THAT: 6 Section 1. There is herewith created a new Title 17 of the Codified 7 Ordinances of the City of Auburn, such title to be known as the Land Division 8 Ordinance, and which shall read as follows, to-wit: 9 ARTICLE I 10 CHAPTER 17.02 11 TITLE, AUTHORITY AND PURPOSE 12 13 17.02.010 Short Titl e. 14 This Title, together with any amendments hereto, shall be known as the 15 "Auburn Land Division Ordinance." 16 17 18 19 17.02.020 General Authority. This Title is adopted under the authority of Chapter 35A.Ol, 35A.58 and 58.17 Revised Code of Washington (R.C.W.). 20 17.02.030 Pur pose. 21 The purpose of this Title is to regulate the division of land lying within 22 the corporate limits of the City of Auburn, and to promote the public health, 23 safety and general welfare in accordance with standards established by the 24 State and the City, and to: 25 A. Prevent the overcrowding of land; and 26 B. Lessen congestion and promote safe and convenient travel by the 27 public on streets and highways; and 28 C. Promote the effective use of land; and 29 D. Provide for adequate light and air; and 30 E. Facilitate adequate provision for water, sewerage, drainage, parks 31 and recreational areas, sites for schools and school grounds, and other public 32 requ i rements; and ----------------------------- Ordinance No. 4002 Page One 18/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I r·, F. Provi de for proper ingress and egress; and G. Provi de for the expeditious review and approval of proposed land div- isions which comply with this Title, the Auburn zoning ordinance, other City pl ans , policies and 1 and use controls, and Chapter 58.17. R.C.W; and H. Adequately provide for the housing and commercial needs of the citi- zens of the State and City; and I. Require uniform monumenting of land divisions and conveyance by accurate legal description; and J. Implement the goals, objectives and policies of the Auburn Comprehensive Plan. Chapter 17.04 APPLI CAB ILITY 17.04.010 General Applicability of Land Division methods. A. Subdivision. Land shall be divided by the subdivision method, and the provisions of Article II of this Title shall be followed, wherever the provisions for land division by short subdivision (Article III) and by binding site plan (A.C.C. 18.24) do not apply, and the division is not exempt under Section 17.04.030 of this Chapter. B. Short Subdivision. Land shall be divided by the short subdivision method according to the provisions of Article III of this Title, when- ever all of the following conditions exist: 1. The division will not result in the creation of more than four (4) lots, tracts or parcels; and 2. The division does not involve the dedication of any property to the City of Auburn except as provided by Section 17.32.030; and ----------------------------- Ordinance No. 4002 Page Two 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 L I 3. The property being divided has not been divided by short sub- division within the previous five (5) years; and 4. The division is not exempt under Section 17.04.030 of this Title. C. Binding Site Plan. Land may be divided by the binding site plan method whenever the purpose of the division is to create a mobile home park, in which case the provisions of AiC.C. 18.24 shall be followed. 17.04.020 Compliance and Responsibility. Every division of land lying within the corporate limits of the City shall comply with the provisions of this Title, except as provided by Section 17.04.030, and shall also comply with the provisions of Chapter 58.17 R.C.W. Wherever conflicts may arise between this Title and Chapter 58.17 R.C.W., the latter shall prevail. It shall be the responsibility of the property owner, applicant and the City of Auburn to ensure that a land division complies with this Title and Chapter 58.17 R.C.W. No building permit, septic tank permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this Title or Chapter 58.17 R.C.W. unless the authority authorized to issue such permit finds that the public ,interest will not be adversely affected thereby. 17.04.030 Exceptions. The provisions of this Title shall not apply to: A. Cemeteries and other burial plots while used for that purpose; and B. Divisions made by testamentary provisions or the laws of descent; and C. Assessor's plats made in accordance with R.C.W. 58.18.010, and D. Lot line adjustments for existing lots of record, provided that such adjustments are made consistent with the provisions of Chapter 17.09 of this Article. ----------------------------- Ordinance No. 4002 Page Three 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 , I f, Chapter 17.06 ADMINISTRATION AND TIME LIMITATIONS 17.06.010 General. This Title shall be administered by the Director of the Department of Planning and Community Development. All applications for land division appro- val under this Title shall be submitted to the Department of Planning and Community Development. In cases where an Environmental Impact Statement is required under the provisions of the State Environmental Policy Act (SEPA -- Chapter 43.21C R.C.W.), the Department shall not be considered to be in receipt of an application, for the purpose of complying with time limitations established by this Title, until the date of issuance of a Final Environmental Impact Statement. 17.06.020 Consent to Access. Persons applying for land division or lot line adjustment approval under this Title shall permit free access to the land subject to the application, to' all agencies considering the proposal, for the period of time extending from the time of application to the time of final action. 17.06.030 Subdivisions - - Time Limitations. An application for preliminary plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied pur- suant to the provisions of Chapter 17.12, within ninety (90) days of its receipt by the Department, unless the applicant agrees in writing to an exten- sion of this time period. The Department shall not be considered to be' in receipt of an application for preliminary plat approval unless and until such time as the application meets the requirements of Section 17.12.020, as deter~ mined by the Director. An application for final plat approval shall be approved or returned to the applicant for corrections pursuant to Chapter 30 31 32 17.12 within thirty (30) days of its receipt by the Department unless the ----------------------------- Ordinance No. 4002 Page Four 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~ I ~ ~. applicant agrees, in writing, to an extension of this time period. The Department shall not be considerd to be in receipt of an application for final plat approval unless and until such time as the application meets the require- ments of Chapter 17.16, as determined by the Director. 17.06.040 Short Subdivisions - - Time Limitations. 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 Department unless the applicant agrees, in writing, to an extension of this time period. The Department 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 Sections 17.30.020 and 17.30.030, as determined by the Director. Chapter 17.08 AMENDMENTS 17.08.010 Authority. Sole authority to amend this Title or to adopt or repeal any ordinance under the authority established by Chapter 58.17 R.C.W., shall rest with the City Council. 17.08.020 Public Hearing and Notice. The Planning Director shall schedule a public hearing to be held before the Planning Commission, for any proposal to amend this Title or to adopt or repeal any ordinance under the authority established by Chapter 58.17 R.C.W. The Director shall cause notice of such hearing to be given as follows: A. By submitting to the State Planning and Community Affairs Agency a copy of the proposed ordinance or amendment, together with a notice indicating the time and place of public hearing; and 30 31 ----------------------------- Ordinance No. 4002 Page Five 8/2/84 32 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I B. By sending to any individual or organization which has submitted a 1 2 3 4 request for notification, a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment can be obtained; and 5 C. By publishing in a newspaper of general circulation in the area, a 6 notice indicating the time and place of public hearing, describing the general 7 nature of the proposal, and indicating how copies of the proposed ordinance or 8 amendment may be obtained. 17.08.030 Planning Commission Recommendation. After the public hearing has been closed, the Planning Commission shall recommend to the Council either adoption, adoption with modifications, or rejection of the proposed ordinance or amendment. In formulating its recomen- dation, the Commission shall consider, among other things, the relationship between the proposed ordinance or amendment and the Comprehensive Plan, other applicable City policies, and other existing land use controls. 17.08.040 Council Action. The Planning Director shall forward the Planning Commission's recommen- dation, in writing, to the Council. The Council may elect to hold its own public hearing, either before the full Councilor before a Council' Committee, in which case the City Clerk shall cause adequate notice to be given. The Council shall consider, but shall not be bound by, the Planning Commission's recommendation in reaching its own decision. Chapter 17.09 LOT LINE ADJUSTMENTS 17.09.010 Appl i cabi 1 ity. The boundary lines separating two or more lots of record may be adjusted under the provisions of this Chapter, provided that such adjustment: ----------------------------- Ordinance No. 4002 Page Six 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 L I t... A. Will not result in the creation of any additional lot, tract, parcel, site or division; and B. Will not create any lot, tract, parcel, site or division which con- tains insufficient area and dimensions to meet the requirements of the Zoning Ordinance (A.C.C. Title 18); and C. Will not adversely affect access, easements or drainfields, and D. Will be consistent with any applicable health, building or similar regulations. 17.09.020 Application. Application for 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 and two copies of a plan, 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; and B. The existing lot lines proposed to be changed, indicated by heavy broken lines; and C. The location of all structures existing upon the affected lots; and The location and dimensions of any drainfield, easement or ri ght··of- way existing within or adjacent to any affected lot; and D. E. The area and dimensions of each lot following the proposed adjustment; and F. The existing and, if applicable, proposed future method of sewège disposal for each affected lot. ----------------------------- Ordinance No. 4002 Page Seven 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I ~, 17 .09.030 Additional Information Where Future On-Site Sewage Disposal Anticipated. Where any lot affected by a proposed lot line adjustment is served or is 1 i ke 1 y to be served in the future by an on-site sewage disposal system, a per- colation test for each such lot may be required by the Planning Di rector ,,,hen the Director finds that the proposed adjustment could adversely affect tht~ ability of such lot to be adequately served by such on-site system. 17.09.040 Administrative Review. A. The Planning Director shall forward one copy of the proposed lot line adjustment plan and, if applicable, any percolation tests submitted therewith, to the City Engineer. The City Engineer shall review the plan and submit comments to the Planning Director, together with the City Engineer's approval or disapproval of any percolation tests submitted, within ten (10) days of receipt. B. Following receipt of the comments of those consulted under subsec- tions A above, but no later than fifteen (15) days following recl~ipt of a complete application, the Planning Director shall approve or deny the requested lot line adjustment. In making a decision, the Director s ha 11 make appropriate findings of fact in writing. Following a decision, the Director shall notify the applicant. The applicant s ha 11 then record the lot line adjustment with King County within thirty (30) days or the lot line adjustment shall be null and void. C. The Department shall not be considered to be in receipt of an appli- cation for lot line adjustment unless and until such time as the application meets the requirements of Section 17;09.020 and, if applicable, 17.09.030, as determined by the Director. ----------------------------- Ordinance No. 4002 Page Eight 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 f I ~, 17.09.050 Appeal of Director's Decision. An aggrieved person may appeal the Director's decision on a lot line adjustment to the City Council. On appeal, the City Council shall hold a public hearing for which the City Clerk shall give adequate notice. The City Council shall, following the public hearing, make its decision based upon its adopted findings of fact. The decision of the Council shall be final. Chapter 17.10 DEFINITIONS 17.10.010 A.C.C. "A.C.C." means the Auburn City Code. 17 .10.020 Applicant. "Applicant" means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or the authorized representative of such owner or owners. 17.10.030 Application. "Application" means all of the application forms, plans and accompanying documents required by this Title for any particular land division or lot line adjustment request. The City shall not be considered to be in receipt of an application under this Title until the Planning Director has verified that an application is complete. 17.10.040 Binding Site Plan. "Binding Site Plan" means a drawing prepared pursuant to Section 18.24.230 of the Auburn City Code, and showing the location and general characteristics of streets, utilities and other physical features of property divided under the procedures of A.C.C. 18.24. 17 . 10 . 050 City. "City" means the City of Auburn, Washington. 30 31 32 ----------------------------- Ordinance No. 4002 Page Nine 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , ' 17.10.060 Code. "Code" means the Auburn City Code. 17.10.070 Commission. "Commission" means the Planning Commission of the City of Auburn, as established by Chapter 2.45 of the Auburn City Code. 17 .10.080 Comprehensive Plan. "Comprehensive Plan" means the Comprehensive Plan for the Auburn Planning Area, as now constituted or hereafter amended, or its successor. 17.10.090 Counc i1 . "Council" means the Auburn City Council. 17.10.100 Dedication. "Dedication" means the deliberate conveyance of land by an owner or owners to the City of Auburn, 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. The intention to dedicate shall be evidenced by the owner or owners presenting for filing a final plat showing the dedication thereon. Acceptance by the City shall be indicated by the approval of the City Council, as evidenced by the presence of the Mayor's signature on the face of the final plat. 17.10.110 Department. "Department" means the City of Auburn Department of Planning and Community Development, or its successor, unl ess otherwi se speci fi ed. 17.10.120 Development Permit. "Development Permit" means any permit issued by the City of Auburn, allowing the physical alteration of real property, including but not limited to building construction, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, ----------------------------- Ordinance No. 4002 Page Ten 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 short subdivision, binding site plan, or lot line adjustment shall not be con- sidered a "development permit" for the purposes of this Title. 17.10.130 Director. "Director" means the director of the City of Auburn Department of Planning and Community Development, or its successor, unless otherwise specified. 17.10.140 EIS or Environmental Impact Statement. "EIS or Environmental Impact Statementß means a document prepared to assess the environmental impacts of a proposal which has been judged to have, or to likely have, a significant adverse effect upon the quality of the environment, pursuant to the State Environmental Policy Act of 1971 (Chapter 43.21C RCW), as now constituted or hereafter amended. 17.10.150 Final Plat. "Final Plat" means the final drawing of a subdivision and dedication pre- pared for filing for record with the County Auditor, and containing all ele- ments and requirements as set forth in Chapter 17.16 of this Title and as set forth in Chapter 58.17 RCW. 17.10.160 Improvements. "Improvements" means the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this Title to be constructed in conjunction with any particular land division. 17.10.170 Land Division. "Land Division" means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot 'or lots is created by subdivision, short subdivision, or binding site plan. ----------------------------- Ordinance No. 4002 Page Eleven 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 17.10.220 21 22 23 24 25 26 27 28 29 30 31 32 L. 17.10.180 Lot. "Lot" means an area of land under single or common ownership, defined by fixed and definite boundaries, which has been created by any of the various land division methods for the purpose of lease, sale or transfer of ownership and/or for the purpose of separate taxation. The term shall include tracts or parcels. 17.10.190 Lot Line Adjustment. "Lot Line Adjustment" means the relocation of the boundaries of a lot, which relocation does not result in the creation of any additional lot or lots. 17.10.200 Lot of Record. "Lot of Record" means a lot which.has been recorded by the County and appears on the official maps of the County Assessor. 17.10.210 Mobile Home Park. "Mobile Home Park" means an area of land under single or common ownership which has been divided into common areas and lots according to the provisions of A.C.C. Chapter 18.24, which lots are intended to be leased for the purpose of siting residential mobile homes and accessory structures. One Percent Flood Hazard Area. "One Percent Flood Hazard Area" means the land within the City which has been determined to have a one percent or greater probability of flooding in any given year, as indicated on maps prepared under the National Flood Insurance Program entitled "Flood Boundary and Floodway Map". 17.10.230 Panhandle. "Panhandle" means an irregular extension or protrusion of a lot, created for the purpose of providing such lot with frontage on a public or private street or access way. ----------------------------- Ordinance No. 4002 Page Twelve 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 17.10.280 27 28 29 30 31 32 0.;:" 17.10.234 Planning Agency. "Planning Agency" means the Auburn Department of Planning and Community Development, or its successor. 17.10.236 Planning Commission. "Planning Commission" means that body created by Chapter 2.45 of this Code. 17.10.240 Preliminary Plat. "Prel iminary Plat" means a neat and approximate drawing of a proposed sub- divison showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the provisions of Chapter 17.14 of this Title. 17.10.250 Public Way. "Public Way" means any publicly owned land set aside for surface transpor- tation purposes, including vehicular, bicycle and pedestrian transportaion, whether improved or not improved. 17.10.260 RCW. "RCW" means the herea fter amended. Revised Code of Washington, as now constituted or 17.10.270 Regulatory Floodway. "Regulatory Floodway" means the channel of a river or other water course together with the adjacent land areas which must be reserved in order to discharge a flood without cumulatively increasing the water suface elevation by more than one (1) foot, as indicated on maps prepared under the National Flood Insurance Program entitled "Flood Boundary and Floodway Map." Responsible Official. "Responsible Official" means that offical of the City of Auburn charged by ordinance with administering the State Environmental Policy Act of 1971 within the City. ----------------------------- Ordinance No. 4002 Page Thirteen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :10... " 17.10.290 Short Plat. "Short Plat" means a neat and accurate drawing of a short subdivision, pre- pared for filing for record with the County Auditor, and containing all ele- ments and requirements as set forth by Chapter 17.30 of this Title. 17.10.300 Short Subdivision. "Short Subdivision" means the division or redivision of land into four (4) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, consistent with the provisions of Article III of this Titl e. 17.10.303 Street. "Street" means any land legally segregated or reserved for the purpose of providing for vehicular travel and access to real property. 17.10.304 Street, half. "Half street" means a street built only from the centerline to one edge of the ultimate right of way, or to a minimum width of 24 feet (whichever is greater), but otherwise designed and built in accordance with all applicable standards and requirements, PROVIDED, that appropriate measures shall be taken to protect the structural integrity of the exposed edge of pavement at the ultimate centerline, as determined by the City Engineer. 17 .10.305 Street, private. "Private street" means any street which is not a public street. 17.10.307 Street, publ ic. "Public street" means a street, whether improved or unimproved, held in public ownership and intended to be open as a matter of rtght to public vehicular travel. ----------------------------- Ordinance No. 4002 Page Fourteen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 17.10.310 Subdivision. "Subdivision" means the division or redivision of land into five (5) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of onwership, consistent with the provisions of Article II of this Title, PROVIDED that the term "subdivision" shall also include the redivision of land into four (4) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership where such land has been short subdivided within the previous five (5) years. 17.10.320 USC and GS. "USC and GS" means the United States Coastal and Geodetic Survey. 17.10.330 USGS. "USGS" means United States Geodetic Survey. 17.10.340 Zoning Ordinance. "Zoning Ordinance" means the Auburn Comprehensive Zoning Ordinance, codified as Title 18 of the Auburn City Code, as now constituted or hereafter amended. ARTICLE II. SUBDIVISIONS, Chapter 17.12 SUBDIVISION PROCEDURES 17.12.010 Pre-Application Conference Persons considering making application to subdivide land lying within the City of Auburn are encouraged to request that a pre-application conference be held with appropriate City staff. Such request shall be directed to the Planning Director, and upon its receipt the Director shall schedule a con- ference between the prospective applicant and appropriate City staff. The purpose of a pre-application conference is for the prospective applicant and City staff to gain a common understanding of the nature of the contemplated ----------------------------- Ordinance No. 4002 Page Fifteen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 L, ) r subdivison and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated subdivison and subsequent development. Such in for- mation may include photographs, sketches, and maps. The Director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section. 17.12.020 Application Submittal and Contents Application for subdivision approval shall be submitted to the Department of Planning and Community Development, shall be accompanied by applicable fees as established by ordinance and shall include the following: A. A completed Subdivision Application Form, blank copies of which are available from the Department; and B. A completed Environmental Checklist Form, blank copies of which are available from the Department, unless the Director and the applicant agree that an Environmental Impact Statement must be prepared; and C. One sepia or photo velum reproducible copy and six (6) paper copies of a preliminary plat, prepared according to the provisions of Chapter 17.14 of this Article; and D. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such pro- posed lot, conducted under the King County Board of Health rules and regulations. The City Engineer may· require that such tests be con- ducted under high ground water (winter) conditions. ----------------------------- Ordinance No. 4002 Page Sixteen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 17.12.030 Notice of Planning Commission Public Hearing A. Upon receipt of a complete application for preliminary plat approval, the Director shall set a date for a public hearing to be held before the Planning Commission at the Commission's next regular meeting for which adequate notice can be given. B. Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the pro- perty 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. C. At a minimum, the Planning Director shall cause notice of the hearing to be given in the following manner: 1. Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation within the county where the real property which is proposed to be. sub- divided is located; and 2. Notice shall be published not less than ten (10) days prior to the hearing in a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and 3. 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 pro- posed subdivision, PROVIDED, that where the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real pro- perty proposed to be subdivided, notice under this subsection shall also be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels; and ----------------------------- Ordinance No. 4002 Page Seventeen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17.12.040 Administrative Review of a Proposed Preliminary Plat '. 4. Where any boundary of the proposed subdivision lies adjacent to or within one (1) mile of the municipal boundaries of any city or town other than the City of Auburn, notice shall be mailed to the appropriate city or town authorities; and 5. Where the proposed subdivision adjoins the municipal boundaries of the City of Auburn, notice shall be mailed to the appropriate county officials; and 6. 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 7. 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. 15 A. The Di rector shall forward to the City Engi neer, one copy of the pro- 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 posed preliminary plat, together with copies of any appropriate accompanying documents. The City Engineer shall prepare a report as to the adequacy of the proposed means of sewage disposal and water supply; the conformance of the proposal to any plans, policies or regulations pertaining to streets, storm drainage or utilities; and regarding any other issues related to the interests and respon- sibilities of the City Engineer and the Department of Public Works. This report shall be submitted to the Planning Director for transmit- tal to the Planning Commission prior to the scheduled public hearing. The terms of a recommendation for approval submitted to the Planning Commission under this subsection shall not be modified by the Director of Public Works or the City Engineer without the consent of. the applicant. ----------------------------- Ordinance No. 4002 Page Eighteen 8/2/84 ., .' ' B. The Director shall solicit the comments of any other appropriate City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 department, local utility provider, local school district, and any other appropriate public or private entity, concerning the proposed subdivision. Comments received in a timely manner, as well as any written comments received in response to a notice of public hearing, shall either be transmitted to the Planning Commission or incor- po rated into a report prepared by the Director and submitted to the Planning Commission, prior to the scheduled public hearing. C. The Director shall ensure that, to the extent possible, the prelimi- nary pl at wi 11 be processed simultaneously wi th other approval s related to the subject property. 17.12.050 Public Hearing on a Proposed Preliminary Plat The Planning Commission shall conduct a public hearing on every applica- tion for preliminary plat approval. Every hearing held for the purposes of this Chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection. A public hearing held under this Chapter shall not be continued beyond the originally scheduled date of public hearing unless the applicant consents, in writing, to an extension of the time period allowed for a decision under RCW 58.17.140. 17.12.060 Planning Commission Review of a Proposed Preliminary Plat In reviewing a proposed preliminary plat, the Planning Commission shall consider the following: A. Conformance of the proposed subdivision to the general purposes of the Comprehensive Plan; and B. Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Council; and C. Conformance of the proposed subdivision to the general purposes of this Title, as enumerated in Section 17.02.030; and ----------------------------- Ordinance No. 4002 Page Nineteen 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 \, ,,' D. Conformance of the proposed subdivision to the Auburn Zoning Ordinance and any other applicable planning or engineering standards and specifications as adopted by the City; and E. The availability of utilities and other public services necessary to serve the needs of the proposed subdivision, and F. The potential environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts; and G. The written and oral comments of citizens, public agencies and others submitted to the Planning Commission. 17.12.070 Planning,Commission Recommendation Following the conclusions of a public hearing held under this Chapter, the Planning Commisison shall adopt, by motion, its recommendation to the City Council. Such recommendation shall be adopted on the same date as the concluded public hearing, unless the applicant consents, in writing, to an extension of the time peri od a 11 owed for a decision under RCW 58.17.140. The Planning Commission's recommendation shall be for approval, den i a 1 , or appro- val with conditions, and shall include appropriate findings of fact and conclusions to support the recommendation. The Planning Commission shall not recommend approval of the proposed subdivision unless it makes a formal finding that the proposed subdivision is in conformity with the Auburn Zoning Ordinance, this Title, and, any other applicable land use controls. 1~.12.080 City Council Public Hearing to be Scheduled A. The Planning Director shall transmit to the Council, in writing, the findings, conclusions and recommendations of the Planning Commission regarding a proposed preliminary plat, together with a copy of the report prepared by the City Engineer under Section 17.12.040, not later than fourteen days following the Commission's action. Upon receipt of the Planning Commission's recommendation, the City Council shall at its next public meeting set the date for a public hearing ----------------------------- Ordinance No. 4002 Page Twenty 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , " following which it may approve, reject, approve with conditions or return to the applicant for modification or corrections, the proposed B. preliminary plat. After the Council has set the date for a public hearing, the City C. Clerk shall cause notice of such hearing to be given. A public hearing held under this section shall not be continued beyond the originally scheduled date unless the applicant consents, in writing, to an extension of the time period allowed for a decision under RCW 58.17.140. 17.12.090 City Council Decision on Proposed Preliminary Plat A. In its deliberations on a proposed preliminary plat, the Council shall consider, but shall not be bound by, the findings, conclusions and recommendations of the Planning Commission, and all testimony and other evidence presented during the Council public hearing. The Council shall also consider the physical characteristics of the pro- posed subdivision site and the potential environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts, consistent with the policies and requirements of the State Environmental Policy Act. The Council shall approve the preli- minary plat if it finds that the subdivision, as refined by appropriate conditions, will: 1. Make adequate provisions 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, and sites for schools and schoolgrounds; and 2. Serve the public use and interest; and 3. Be in conformance with the Auburn Zoning Ordinance, this Title, any other applicable City land use controls, Chapter 58.17 RCW, and any other applicable state law; and ----------------------------- Ordinance No. 4002 Page Twenty-One 8/2/84 , I ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ 4. Not have an unacceptable adverse effect upon the quality of the environment. B. The Council may disapprove a proposed subdivision because of flood, inundation or swamp condition if the Council finds that such con- dition poses a threat to the public health, saftey or general welfare. Where any portion of the proposed subdivision lies within both a flood control zone as specified by Chapter 18.16 R.C.W. and either the one percent flood hazard area or the regulatory floodway, the Council shall not approve the preliminary plat unless it imposes a condition requiring the subdivider to obtain a State Flood Control Zone Permit from the Washington State Department of Ecology. In such cases, no development permit associated with the proposed subdivision shall be issued by the City until a Flood Control Zone Permit has been obtained. C. The Council may require the dedication of land to any public body, the construction of improvements to protect against flooding or inun- dation, and may impose any other lawful conditions, as conditions of sub division approval. Where dedication of land for park' and recreation purposes is required, the Council shall be guided by the policies and recommended standards of the Auburn Park and Recreation Plan. It is the policy of the City to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting fifty (50) or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated ----------------------------- Ordinance No. 4002 Page Twenty-Two 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '. future development on adjacent or nearby land, will act in a cumula- tive manner to substantially increase demand for park land, dedica- tion may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedi- cation shall be determined by the City Council in consultation with the Planning Commission, based upon such factors as topography, drainage, natural amenities and access. D. The Council shall make its tentative decision on the same date as the public hearing held before it, and shall instruct the City Attorney to prepare a resolution reflecting its tentative decision for final consideration at the Council's next regular meeting, or shall return the proposed preliminary plat to the applicant for corrections or modifications, unless the applicant consents, in writing, to an extension of the time period allowed for a decision under RCW 58.17.140. A resolution prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the decision is for approval or approval with con- ditions, the findings shall affirm that the subdivision conforms with all applicable City land use regulations. If the decision is for approval with conditions, the conditions shall be specified in the resolution. 17.12.100 Notice of Decision to Applicant Following adoption of a resolution approving or rejecting a preliminary 24 25 26 27 28 29 plat, the Director shall notify the applicant of the decision. The notice shall be accompanied by a copy of the adopted resolution. If the resolution is for approval or approval with conditions, the notice shall advise the applicant to prepare an improvement method report, as described by Section 17.12.120, and shall inform the applicant regarding the applicable time limi- tations on final plat submittal. 30 31 32 ----------------------------- Ordinance No. 4002 Page Twenty-Three 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17.12.110 Transfer of Property Following Preliminary Plat Approval If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this Chapter, the offer or agreement does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. 17.12.120 Improvement Method Report Following preliminary plat approval and approval of all plans required by Chapter 17.18 or 17.20, and prior to submission of an application for final plat approval, the applicant shall submit to the Planning Director, in dupli- cate, a report describing the method by which the applicant proposes to carry out the minimum improvements required by this Article, and the time period within which such improvements will be completed. This improvement method report shall be signed by the applicant and be accompanied by any applicable performance guarantees as described in this Section. It is the intent of this section that a substantial portion of required improvements, as determined by the Planning Director, be actually constructed prior to final plat approval. Improvements may be made or guaranteed by any of the following methods: A. By furnishing to the City a plat or,subdivision bond or other security satisfactory to the Director, in which assurance is given the City that the installation of the minimum improvements will be 29 30 31 32 carried out as provided by plans submitted and approved pursuant to Chapter 17.18 or 17.20 and in accordance with City standards and spe- cifications, and under the supervision of the City Engineer. The ----------------------------- Ordinance No. 4002 Page Twenty-Four 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ amount of the performance bond or other security shall be one hundred (100) percent of the estimated cost of improvements, and shall be of a duration as determined by the City Engineer; or B. By the formation of a Local Improvement District consistent with the provisions of Chapter 3.20 of this Code and any other applicable requirement of the City and the State; or C. By actually installing the minimum improvements in accordance with the provisions of Chapter 17.18 or 17.20, as provided by the local improvement district laws of the state and the City Council, and in accordance with City standards and specifications and under the supervision of the City Engineer; or D. By actual installation of improvements in accordance with the provi- sions of Chapter 17.18 or 17.20, and in accordance with City stan- dards and specificiations and under the supervision of the City Engineer; or E. By a combination of these methods. 17.12.130 , City Engineer's Certificate of Improvements The Planning Director shall transmit one copy of the improvement method report to the City Engineer. No permits for the construction of improvements within an approved subdivision shall be issued by the Public Works" Department until such copy has been received. After completion of all required improve- ments or the guarantee of the construction of all required improvements, the City engineer shall submit a certificate in duplicate to the Director stating the required improvements in accordance with the provisions of this Article and in accordance with City standards and specifications. The Director" shall transmit one (1) copy of the certificate to the subdivider, together with a notice advising the subdivider to prepare a final plat for that portion of th~ area contained in the proposed subdivision in which improvements have been installed or are guaranteed to be installed and covered by the certificate issued by the City Engineer. One copy of the certificate shall be retained by the Director. ----------------------------- Ordinance NoF.4002 Pagelwenty- lve 8/2/84 17.12.140 Modifications to an Approved Preliminary Plat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Minor modifications to a previously approved preliminary plat, not involving the location or relocation of a lot, tract or parcel boundary line and not involving the location or relocation of a street, may be requested by the applicant and approved by the Director. In reviewing a proposal to so modify an approved preliminary plat, the Director shall consult with the City Engineer, the City Fire Marshall, or any other City department or official whose area of responsibility may be affected by the modification. The direc- tor shall reject a proposed modification unless the Director finds that: A. The modification will not be inconsistent with the findings and con- ditions embodied in the Council resolution approving or conditionally approving the preliminary plat; and B. The modifications will not cause the subdivision to be in violation of the Auburn Zoning Ordinance, any other applicable City land use control, Chapter 58.17 RCW, or any other applicable state law or regu lation. An applicant who wishes to obtain approval of a modification involving the location or relocation of a lot, tract or parcel boundary line, or involving the location or relocation of a street, or approval of a proposed modification which has been rejected by the Director, shall submit a new application for preliminary plat approval which shall be processed as a new and separate application. 17.12.150 Time Limitation on Final Plat Submittal The original and two (2) copies of a final plat meeting all requirements of Chapter 58.17 RCW and Chapter 17.16 of this Article shall be submitted to the Director and transmitted by the Director to the Council within three (3) years of the date of preliminary plat approval. The final plat shall be accompanied by a copy of the approved preliminary plat and any documents required by Section 17.16.040. An applicant who files a written request with ----------------------------- Ordinance No. 4002 Page Twenty-Six 8/2/84 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . I the Council at least thirty (30) days before the expiration of this three (3) 1 year period shall be granted a one (1) year extension upon a showing, to the 2 satisfaction of the Council, that the applicant has attempted in good faith to 3 submit the final plat within the three (3) year period. Additional extensions 4 of one (1) year may be similarly requested by the applicant and granted by the 5 Council, subject to a finding of good faith effort. A plat granted prelimi- nary approval but not filed for final plat approval within the applicable time period or extended time period shall be null and void. 17.12.160 Administrative Review of Proposed Final Plat A. Upon receipt of a final plat submitted for Council approval, the Director shall transmit one (1) copy to the Council and the original of the final plat, together with any accompanying documents, to the City Engineer. The City Engineer shall review the final plat, and if it is in compliance with the certificate of improvements issued under Section 17.12.130, and is consistent with all applicable City improvement standards and requirements in force on the date of preli- minary plat approval, the City Engineer shall so certify by signing the original. The City Engineer shall then return the final plat original and any accompanying documents to the Planning Director. B. Upon the receipt of a copy of the final plat, the Council shall, at its next regular meeting, set the date of the public meeting at which it will consider the final plat, which date shall be no more than thirty days from the date of final plat submittal. Prior to the date at which the Council will consider the final plat, the Director shall forward to the Council the original of the final plat, along with the Planning agency's report which discusses the conformity or non-conformity of the final plat with: the terms and conditions of the preliminary plat approval; the requirements of Chapter 58.17 RCW and other Bpplicable state laws in effect at the time of preliminary ----------------------------- Ordinance No. 4002 Page Twenty-Seven 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17.12.180 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 plat approval; and the requirements of this Title in effect at the time of preliminary plat approval. 17.12.170 City Council Decision on Proposed Final Plat The City Council shall have sole authority to approve final plats. The Council shall approve, disapprove, or return to the applicant for modifica- tion or correction, a proposed final plat, on the date of the meeting set for consideration of the final plat under Section 17.12.160, unless the applicant agrees, in writing, to an extension of the time period provided by Section 17.12.160 and RCW 58.17.140. If the Council finds that the subdivision pro- posed 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 preliminary plat approval, it shall direct and authorize the Mayor to suitably inscribe and execute its written approval on the face of the final plat. Effect of an Approved Final Plat A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect on the date of prelimi- nary plat approval for a period of five (5) years after final plat approval unless the Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. 17.12.190 pistribution of Copies and Filing of Final Plat. The Director shall distribute the original and copies of the approved final plat as follows: A. The original shall be returned to the applicant to be forwarded to the County Auditor for filing; and Two paper copi es s ha II be transmitted to the County Assessor; and One reproducible copy shall be transmitted to the City Engineer; and B. C. D. One reproducible copy shall be retained in the files of the Planning Department. ----------------------------- Ordinance No~ 4002 å7~78¡wenty-~ight 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 " 17.12.200 Transfer of Ownership Following Final Plat Approval Whenever any parcel of land lying within the City is divided under the provisions of this Article, no person, firm or corporation shall sell or transfer, or offer or advertize for sale or transfer, any such lot, tract or parcel without having first had an approved final plat of such subdivision filed for record, except as provided by Section 17.12.110. 17.12.219 Building and Occupancy Permits. A. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a deter- mination by the Fire Marshall that adequate fire protection for construction needs exists. B. No building permit for a structure other than a temporary contrac- tor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until either: 1. All required improvements which will serve the subject lot or parcel have been constructed and the City has accepted a pro- perly executed bill of sale for such improvements, OR 2. All required improvements have been bonded or otherwise guaranteed under the requirements of Section 17.12.120, OR 3. An improvement bond in an amount adequate, in the determination of the City Engineer, to guarantee construction of those required public improvements necessary to serve the lot or par- cel for which a building permit is sought, has been accepted by the City. C. No occupancy permit for a structure other than a temporary contrac- tor's office or temporary storage building shall be issued for a structure on a lot or parcel within an approved subdivision prior to ----------------------------- Ordinance No. 4002 Page Twenty-Nine 8/2/84 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , I 1 2 3 final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the Building Official. 4 17.12.230 Release of Improvement Guarantee If an improvement bond or other guarantee has been submitted under Section 17.12.120 or Section 17.2.210, such guarantee shall be released upon accep- tance by the City of a properly executed bill of sale for such improvements. A portion of the guarantee equivalent to ten (10%) percent of the value of the public improvements guaranteed may be retained by the City for a period of time up to one (1) year from the date of the previously mentioned bill of sale, to ensure the adequate operation of such improvements, following which any unused portion of such guarantee shall be released. Chapter 17.14 PRELIMINARY PLAT 17.14.010 Preparation. The preliminary plat shall be prepared by a professional engineer or pro- fessional land surveyor registered or 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 all information is portrayed accurately and that the proposed subdivision complies with the standards and requirements of this Title, the Auburn Zoning Ordinance and any other applicable land use and deve- lopment controls. 24 25 17.14.020 Scale and Format. 26 27 28 29 30 31 32 The preliminary plat shall be drawn with india ink or other reproducible black ink on mylar. All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be one hundred (100) feet or ----------------------------- Ordinance No. 4002 Page Thirty 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 fewer to the inch, except that the location sketch and typical street cross sections may be drawn to any other appropriate scale. A preliminary plat shall be 24 inches by 36 inches in size, and if more than one (1) sheet is needed each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. 17.14.030 Preliminary Plat Contents. A preliminary plat shall provide the following information: A. General Information: The following information shall appear on each sheet of a preliminary plat: 1. The name of the proposed subdivision, together with the words "Preliminary Plat". 2. The name and address of the applicant. 3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the prelimi- nary plat. 4. Numeric scale, graphic scale, true north point and date of preparation. 5. A form for the endorsement of the Planning Director, as follows: APPROVED BY RESOLUTION OF THE CITY COUNCIL ON Date Director, Planning and Community Development Dept. Date B. Vicinity Sketch: A vicinity sketch 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. C. Existing Geographic Features: Except as otherwise specified herein, the following existing geographic features shall be drawn lightly in relation to proposed geographic features: ----------------------------- Ordinance No. 4002 Page Thirty-One 8/2/84 · I , ., 1. The boundaries of the property to be subdivided, and the boun- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 daries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines. 2. All existing property lines lying within the proposed sub- division which are to be vacated, and all existing property lines lying within one hundred (100) feet of the property to be subdivided or within one hundred (100) feet of property lying , adjacent to and under the same ownership as the property to be subdivided. 3. The location, right-of-way widths, pavement widths, and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the proposed sub- division. 4. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision. 5. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed sub- division. 6. The location of existing section and municipal corporation boun- dary lines lying within or adjacent to the proposed subdivision. 7. The location of any well used for domestic water supply existing within the proposed subdivision or within 100 feet of the boun- daries of the proposed subdivision. 8. Existing contour lines at intervals of five (5) feet for average slopes exceeding five (5) percent, or at intervals of two (2) feet for average slopes not exceeding five (5) percent. Existing contour lines which will be altered through filling or. excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by ----------------------------- Ordinance No. 4002 Page Thirty-Two 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Subsection D.6 below). Contour lines shall be labeled at inter- vals not to exceed twenty (20) feet, and shall be based upon USGS or USC and GS datum. 9. The location of any existing structures lying within the pro- posed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines. D. Proposed Geographic Features: The following proposed geographic features shall be shown: 1. The boundaries and approximate dimensions of all proposed lots, and the proposed identifying number or letter to be assigned to each lot and/or block. 2. The right of way location and width, the' proposed name of each street, alley or other public way to be created and where final street grades are likely to exceed ten (10%) percent, the esti- mated tentative grades of such streets. 3. The location, width and purpose of each easement to be created. 4. The boundaries, dimensions and area of public and common park and open space areas. 5. Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication. 6. Proposed final contour lines at intervals of five (5) feet for average slopes exceeding five (5) percent, or at intervals of two (2) feet for average slopes not exceeding five (5) percent. Final contours shall be indicated by solid lines (existing con- tours which are to be altered shall be shown by broken lines, as provided by Subsection C.8, above). Contour lines shall be labeled at intervals not to exceed twenty (20) feet, shall be based upon USGS or USC and GS datum, and shall be indicated by lines drawn lightly relative to other proposed geographic features. ----------------------------- Ordinance No. 4002 Page Thirty-Three 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I E. Additional Information: The following additional information shall be shown on the face of the preliminary plat: 1. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area: a. Proposed land use (e.g. single family, duplex, multi-family). b. Number of dwelling units. c. Gross acreage. d. Existing zoning designation. e. Proposed zoning designation. f. Approximate area of smallest lot. 2. Proposed source of domestic water supply. 3. Proposed sewage disposal system. 4. Typical street cross section(s). Chapter 17.16 FINAL PLAT 17.16.010 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 signa- ture and stamp upon the face of the plat, certify that the plat is a true and corect representaion of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. 17.16.020 Scale and Format. The final plat shall be drawn with India ink on mylar measuring eighteen (18) inches by twenty-two (22) inches in size, allowing one-half (.5) inch for border. 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 ----------------------------- Ordinance No. 4002 Page Thirty-Four 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. All signatures or certifications appearing on a final plat shall be in reprodu- cible black ink. 17.16.030 Final Plat Contents. A Final Plat shall contain the following informatio.n: A. The name of the subdivision; B. Legal description of the property being subdivided; C. Numeric scale, graphic scale, true north point and date of prepara- tion of the final plat; D. The boundary line of the plat, referenced to City (USG-GS) datum and based on an accurate traverse, with angular and linear dimensions and bearings; E. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; F. The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and util ities; G. True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accura- tely locate the subdivision; H. Municipal, Township, County or Section lines accurately tied to the lines of the plat by distances and courses; I. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; J. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; ----------------------------- Ordinance No. 4002 Page Thirty-Five 8/2/84 , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 K. The accurate location of each permanent control monument. One such monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided; at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary. L. All plat meander lines or reference lines along bodies of water shall be established above, but not farther than twenty (20) feet from the M. high waterline of such body; Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; N. Accurate outlines of any areas to be reserved by deed covenant for common use of owners of property within the sub- division, together with the purposes of such reservation; o. Any restrictions or conditions on the lots or tracts within the sub- division, as required by the City Councilor at the discretion of the property owner; P. The name, and seal of the licensed land surveyor responsible for pre- paration of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct represen- tation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct; Q. A signed certification stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, ----------------------------- Ordinance No. 4002 Page Thirty-Six 8/2/84 , I '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 religious society or societies, or to any corporation, public or pri- vate, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or main- tenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a Notary Public by all parties having any interest in the land$ subdivided. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the City Engineer as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedica- tion, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant. At the discretion of the City Engineer conveyances of right-of-way may be required to be by statutory warranty deed. The acceptance of right of way by the City shall not obligate the City to improve or develop the lands in the right of way. R. Forms for the appropriate certifications of the Finance Director, City Engineer and Planning Director, as follows: "FINANCE DIRECTOR'S CERTIFICATE 24 25 26 27 28 29 30 31 32 I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein con- tained dedicated as streets, alleys or for any other public use hav~ been duly paid, satisfied or discharged, this day of 19 . II Auburn Director of Finance ----------------------------- Ordinance No. 4002 Page Thirty-Seven 8/2/84 · I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "CITY ENGINEER'S CERTIFICATE I hereby certify that this final plat is in compliance with the cer- tificate of improvements issued pursuant to A.C.C. 17.12.130, and is consistent with all applicable City improvement standards and require- ments in force on the date of preliminary plat approval, this day of 19 II Auburn City Engineer "PLANNING DIRECTOR'S CERTIFICATE I hereby certify on this day of 19 , that this final plat is in substantial conformance with the prel iminary plat and any conditions attached thereto, which preliminary plat was approved by Resolution Number of th~ Auburn City Council on the day of 19 II Auburn Planning Director S. A form for the approval of the Mayor, pursuant to A.C.C. 17.12.170, as follows: II APPROV AL Examined and approved this day of 19 pursuant to City Ordinance Number , adopted by the Auburn City Council on the day of 19 ATTEST " Mayor Auburn City Cl erk ----------------------------- Ordinance No. 4002 Page Thirty-Eight 8/2/84 , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 T. A form for the certificate of the County Comptroller, as follows: "COMPTROLLER'S CERTIFICATE I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collec- tion, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this day of 19 King County Assessor Deputy King County Assessor u. A form for the approval of the County Assessor, as follows: "ASSESSOR'S APPROVAL Examined and approved this day of 19 King County Assessor Deputy King county Assessor" V. A form for the certificate of the King County Recorder, as follows: "RECORDING CERTIFICATE Filed for record at the request of the City of Auburn this day of 19 minutes past at M. , and recorded in Volume King County, Washington. King County Recording Number of Pl ats, page Records of II Manager Superintendent of Records W. Any additional pertinent information as required at the discretion of the City Engineer or Planning Director. 17.16.040 Accompanying Documents. A. In cases where any protective deed covenants will apply to lots or parcels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat. ----------------------------- Ordinance No. 4002 Page Thirty-Nine 8/2/84 · I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 \ B. The final plat shall be accompanied by a complete survey of the sec tion or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or re-established corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one (1) foot in ten thousand (10,000) feet. C. The final plat shall be accompanied by a current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be sub- divided; 2. Those individuals or corporations holding an ownership interest in said parcel; 3. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; 4. Any easements or restrictions affecting the property to be sub~ divided with a description of purpose and referenced by auditors file number and/or recording number; If lands are to be dedicated or conveyed to the City as part of the subdivision, an A.L.T.A. title policy may be required by the City Engineer. D. The final plat shall be accompanied by a computer check of the boun-. daries, streets centerlines, lots, blocks and lot area. E. The final plat shall be accompanied by a copy of the approved prelimi- nary plat for the property in question. ----------------------------- Ordinance No. 4002 Page FJrty 8/2/84 · I F. All documents submitted under this section shall contain the name of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 the subdivision and the name and address of the subdivider. Chapter 17.18 SUBDIVISION IMPROVEMENTS 17.18.010 Plan Preparation, Submittal 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 City of Auburn standards and specifications as set forth by the City Engineer under the direction of the City Council. Plans shall be submitted to the Auburn Building Division, following prel iminary plat appro- val, for circulation and review. No construction permit or approval shall be issued, and no construction activity shall commence re~ating to subdivision improvements until the plans required by this Chapter have been approved and signed by the City Engineer. Plans shall be consistent with the approved pre- liminary plat. All sanitary sewer, water, storm sewer and street improvements to be dedicated to the City shall be covered by a publ ic facil ities extension agreement, as required by Ordinance No. 3864. 17.18.020 , 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 equals twenty (20) feet and the vertical scale shall be one (1) inch equals five (5) feet or one (1) inch equals two (2) feet, 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 hum- bers, rights-of-way and all other features or additional information required by the City Engineer. 17.18.030 Drainage Plans. A drainage plan shall be prepared in conformance with the requirements of Auburn Ordinance Number 3314. ----------------------------- 32 Ordinance No. 4002 Page Forty-One 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ I t, 17.18.032 Public Water Service. Each lot in a subdivision created under this Article shall be served by a public water system owned and operated by the City of Auburn unless the City Council, in consultation with the Planning Commission, finds that: A. City water service is not practical due to topography, distance from City water facilities of adequate capacity, extreme low proposed deve- lopmental density, or similar factor; and B. Private water service will not be detrimental to the implementation of the adopted comprehensive water plan; and C. Private water service will not pose a threat to the public health, safety or welfare; and D. Private water service is necessary to accomplish the purposes of this Title, as enumerated by Section 17.02.030. If private water service is approved, preliminary plat approval shall be conditioned on the ability of the subdivider to obtain all necessary approvals for the private water system or systems, and the final plat shall not be approved until the subdivider demonstrates, to the satisfaction of the City Engi neer, that the proposed water system or systems wi 11 adequately serve the domestic water needs of future owners of property within the subdivision. 17.18.034 Public Sanitary Sewer Service. Each lot in a subdivision created under this Article shall be served by the Auburn sanitary sewer system, unless the City Council, in consultation with the Planning Commission, finds that: A. City sanitary sewer service is not practical due to topography, distance from City sanitary sewer facilities of adequate capacity, extreme low proposed developmental density, or similar factor; and ----------------------------- Ordinance No. 4002 Page Forty-Two 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ I B. On-site sewage disposal systems will not be detrimental to the imple- mentaion of the adopted comprehensive sewerage plan; and C. On-site sewage disposal systems will not pose a threat to the public health, safety or welfare; and D. On-site sewage disposal systems are necessary to accomplish the pur- poses of this Title, as enumerated by Section 17.02.030, and E. The City Engineer has reported favorably on the use of on-site sewage disposal systems pursuant to Section 17.12.040 (A) of this Article. 17.18.040 Street and Block Layout. Street and block layout shall conform to the most advantageous development of adjoining areas, and the entire neighborhood, and shall provide for the following: A. Street continuity of appropriate streets and arterials; B. Streets generally following contour lines where practicable; C. Offset intersections shall be avoided; D. Streets intersecting at right angles, or as nearly as possible subject to approval by the City Engineer. E. Streets meeting the minimum right of way and pavement width standards of this ordinance, except that half streets may be allowed along a boundary of a plat where required to provide for a street or arterial designated by the Comprehensive Plan or portion thereof. F. For residential lots fronting on arterials, provisions shall be made for service drives in front, which service drives shall be developed according to the requirements established or referenced by Section 17.18.115 of this Chapter. ----------------------------- Ordinance No. 4002 Page Forty-Three 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '_ I " 17.18.050 Block Requirements. A block shall consist of any two or more contiguous lots which are not separated by a street. Blocks shall meet the following requirements: A. Wherever appropriate, blocks shall provide for two tiers of lots; except that one tier of lots is encouraged between a residential street and an arterial, which lots shall front on and be accessed from the residential street. B. Where the average area of lots does not exceed two (2) acres, the distance between intersections along a street or arterial shall not exceed one thousand three hundred twenty (1,320) feet. C. Where the average area of lots does not exceed two (2) acres, and where there are two tiers of lots lying between approximately parallel streets or arterials, and where the distance between inter- sections along a street or arterial exceeds six hundred sixty (660) feet, a walk or pedestrian right of way running between lots and lying roughly perpendicular to the street or arterial, shall be pro- vided at approximately mid-block point, the right of way of which shall be at least ten feet in width and fully paved; 18 D. The number of streets intersecting with existing or proposed 19 20 21 22 23 24 25 26 27 28 29 30 31 32 arterials shall be held to a minimum consistent with the provisions of this section and consistent with adequate local circulation. 17.18.055 Street Grades. A. New arterials, streets, alleys and service drives in subdivisions shall be subject to a maximum allowable grade of twelve (12%) per- cent; PROVIDED, that grades greater than twelve (12%) percent but not greater than fifteen (15%) percent may be approved by the City Engineer, in consultation with the Planning Director and Fire Marshall. In making a decision, the City Engineer shall consider the following: ----------------------------- Ordinance No. 4002 Page Forty-Four 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 17 .18.060 21 22 23 24 25 26 27 28 29 ..1 '. 1. Grades exceeding twelve (12%) percent should be allowed only where a lesser grade is unworkable, impractical or will result in an unsafe or hazardous condition; 2. Where grades exceeding twelve (12%) percent are allowed, special provisions may be required to handle increased velocities of stormwater flows; 3. Individual portions of streets exceeding twelve (12%) percent grade should not exceed two hundred (200) feet in horizontal 4. length; Grade transition (vertical curves) should be such that fire fighting apparatus will have no difficulty negotiating the pro- 5. posed grade; Grades exceeding twelve (12%) percent should be avoided along curves. B. Where approval of a street grade exceeding twelve (12%) percent is denied by the City Engineer, or where a proposed street grade exceeds fifteen (15%) percent, the applicant may request a modification of the street grade standards under the provisions of Section 17.18.190 of this Code. Principal Arterials. Proposed and existing principal arterials located within or adjacent to the subdivision, as designated by the Circulation Element of the Auburn Comprehensive Plan, shall be dedicated to the City and constructed or improved to meet all City standards and specifications, including the following: A. Right of way width shall be a minimum of seventy-two (72) feet. B. Pavement width (curb to curb) shall be a minimum of fifty-six (56) feet. 30 31 32 ----------------------------- Ordinance No. 4002 Page Forty- Fi ve 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - I C. Sidewalks shall be provided on both sides of the arterial, and shall be a minimum of five (5) feet wide each in an area designated for industrial or residential uses, and shall be a minimum of seven and one-half (7.5) feet wide each in an area designated for commercial uses. D. The radii of curvature on the centerline shall be no less than three hundred (300) feet. E. A tangent of at least two hundred (200) feet in length shall be pro- vided between reverse curves. F. Street curbs and right of way lines at intersections shall be rounded by radii of at least thirty-five (35) feet, or as approved by the City Engineer. 17.18.070 Major Arterials. Proposed and existing arterials located within or adjacent to the sub- division, as designated by the City Engineer in consultation with the Circulation Element of the Auburn Comprehensive Plan, shall be dedicated to the City and constructed or improved to meet all City standards and specifica- tions, including but not limited to the following: A. Right of way width shall be a minimum of sixty (60) feet. B. Pavement width (curb to curb) shall be a minimum of forty-four (44) feet. C. Sidewalks shall be provided on both sides of the arterial, and shall be a minimum of five (5) feet wide each in an area designated for industrial or residential uses, and shall be a minimum of seven and one-half (7.5) feet wide each in an area designated for commercial uses. D. The radii of curvature on the centerline shall be no less than three hundred (300) feet. E. A tangent of at least two hundred (2GO) feet in length shall be pro- vided between reverse curves. ----------------------------- Ordinance No. 4002 Page Forty-Six 8/2/84 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 17.18.085 ~ F. Street curbs and right of way lines at intersections shall be rounded 1 by radii of at least thirty-five (35) feet, or as approved by the City 2 Engineer. 3 17.18.080 Residential Arterials. Proposed and existing residential arterials located within or adjacent to the subdivision, as designated by the City Engineer in consultation with the Circulation Element of the Auburn Comprehensive Plan, shall be dedicated to the City and constructed or improved to meet all City standards and specifica- tions, including but not limited to the following: A. Right of way width shall be a minimum of sixty (60) feet. B. Pavement width (curb to curb) shall be a minimum of forty-four (44) feet. C. Sidewalks shall be provided on both sides of the arterial, and shall be a minimum of five (5) feet wide each. D. The radii of curvature on the centerline shall be no less than two hundred (200) feet. E. A tangent of at least one hundred and fifty (150) feet in length shall be provided between reverse curves. F. Street curbs and right of way lines at intersections shall be rounded by radii of at least thirty (30) feet, or as approved by the City Engineer. Conduit for Future Traffic Signals. 23 Whenever an intersection of an arterial and any other street is 24 constructed or improved under the requirements of this title, and when the 25 City Engineer has determined that traffic signalization of such intersection 26 will be needed in the future, the City Engineer may require the installation, 27 at the subdivider's expense, of underground conduit which will be necessary 28 for and will facilitate such future signalization. 29 30 31 32 ----------------------------- Ordinance No. 4002 Page Forty-Seven 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .- I <, 17.18.090 Residential Streets. Proposed and existing streets, other than designated arterials, which are located within or adjacent to the subdivision, and which are to serve only property designated for residential uses, shall be constructed or improved to meet all City standards and specifications, including but not limited to the following; PROVIDED, that where the City Council finds it necessary to the provision of safe and efficient circulation, the Council may require any such streets to be developed or improved to residential arterial standards as set forth by Section 17.18.080: A. Right of way width shall be a minimum of fifty (50) feet. B. Pavement width (curb to curb) shall be a minimum of thirty-four (34) feet. C. Sidewalks shall be provided on both sides of the street, and shall be a minimum of five (5) feet wide each. D. The radii of curvature on the centerline shall be no less than one hundred (100) feet. E. A tangent of at least one hundred (100) feet in length shall be pro- vided between reverse curves. F. Street curbs and right of way lines at intersections shall be rounded by rad i i of at least twenty-fi ve (25) feet, or as approved by the City Engineer. 17.18.100 Commercial and Industrial Streets. Proposed and existing streets, other than designated arterials, which are located within or adjacent to a subdivision,· and which are to serve property designated for commercial or industrial uses, shall be constructed to meet the requirements for major artèrials, as set forth by Section 17.18.070. 17.18.110 All eys . Proposed and existing alleys located within or adjacent to a subdivision shall be constructed or improved to meet all City standards and specifications for alleys, including but not limited to the following: ----------------------------- Ordinance No. 4002 Page Forty-Eight 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~ I A. Alley rights of way shall be a minimum of twenty (20) feet wide if located within the C-2 Central Commercial District. B. Alley rights of way shall be a minimum of sixteen (16) feet wide if located within any zoning district other than the C-2 Central Commercial District. C. Alleys shall be paved to their full right of way width with asphalt concrete or cement concrete and provided with adequate storm drainage as approved by the City Engineer. 17.18.115 Service Drives. A. Service drives may be used to satisfy public access requirements under the following circumstances: 1. Where service drives are required under the provisions of Section 17.18.040(F); 2. Where public access needs are deemed to be significantly lower than the level of service provided by other types of public streets, and where due to land use, anticipated traffic levels, limited service area and other factors, a public street deve- loped to the standards of this Section will be fully adequate to serve the access needs of abutting lots. Service drives shall not be used where there will be any through traffic; but may be used only where their access function is intended to serve only abutting lots. In general, service drives will be appropriate for relatively small industrial, commercial and multi-family residential areas, but not for· single family residential areas. B. All service drives shall meet the following requirements: 1. Minimum right of way width in commercial areas shall be thirty- three (33) feet; minimum right of way width in industrial and 30 31 32 ----------------------------- Ordinance No. 4002 Page Forty-Nine 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 residential areas shall be thirty (30) feet. 2. Service drives shall be constructed and paved to standards con- sidered appropriate to the situation by the City Engineer, but in all cases shall be paved to a minimum width of twenty-four (24) feet and a minimum depth of two (2) inches over an ade- quately prepared base. 3. Curb and gutter may be required by the City Engineer, and in all cases stormwater drainage control shall be employed to the satisfaction of the City Engineer. 4. Requirements for sidewalk, illumination, signage, layout, street grades, radii of curvature, change of grade and similar design aspects shall be determined by the City Engineer on a case-by- case basis, appropriate to the individual situation. C. Where a service drive is required by Section 17.18.040(F) of this Code, the following requirements shall apply in addition to those requirements established by subsection B of this Section. Where the requirements of this subsection conflict with the requirements of subsection B, the requirements of this subsection shall control. 1. The service drive right of way shall be located parallel to and immediately adjacent to the arterial it serves; 2. Where service drives are provided, the sidewalk required for the arterial shall be shifted to a location within the service drive right of way, and shall be located between the service drivels travel lane and the property served by the service drive. The area within the arterial right of way which'would otherwise have been used for the sidewalk shall be developed according to City standards for utility strips, and shall be completely surrounded by curb and gutter; ----------------------------- Ordinance No. 4002 Page Fifty 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. A service drive shall intersect an arterial, street or other vehicular travel way which intersects the arterial served by the service drive; 4. The curvature of curb line and centerline at service drive ingress and egress points and provisions for adequate storm drainage shall be as determined by the City Engineer. 5. The service drive shall be constructed or improved to meet all City standards and specifications for the class of arterial it serves, except as amplified or modified by this subsection. 17.18.120 Private Streets and Access Easements. Private streets and access easements may be used as a means of providing secondary access to a lot or lots, provided that adequate and direct primary access can be provided by a public street. 17.18.130 Dead-End Streets. All dead-end streets shall terminate in a circular turnaround having a minimum right of way diameter of ninety (90) feet and a minimum pavement diameter of seventy-five (75) feet. Unpaved planting areas may be provided in the center of such turnarounds, PROVIDED, that the surrounding pavement shall be at least twenty-five (25) feet wide in all places. 17.18.140 Changes in Grade. All changes in street grades shall be connected by vertical curves meeting the standards and requirements of the City Engineer. 24 25 26 27 28 29 30 31 32 17.18.145 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 regula- tions. ----------------------------- Ordinance No. 4002 Page Fifty-One 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , I 17.18.150 Street Trees. Tree planting shall conform to the standards of Chapter 12.36 of this Code. 17.18.160 Street Lighting. Street lighting shall conform to the standards of the City and shall be provided by the subdivider. All lighting standards shall be provided by the subdivider. 17.18.165 Fire Hydrants. Fire hydrants shall conform to the standards of the City and shall be pro- vided by the subdivider. 17.~8.170 Underground Utilities. 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 public right of way. Television conduit and miscellaneous hardware shall be installed according to the requirements of Ordinance Number 3507. 17.18.180 Lot Requirements. A. The area, width and depth of lots shall conform to the requirements of Chapters 18.02 through 18.78 of this Code. The area within a "panhandle" access to a lot shall not bé considered for the purpose of determining conformance with lot requirements. B. The size, shape and orientation of lots shall be appropriate for the location, topography and other natural features of the site and for the type of development contemplated. C. Every lot shall have a minimum of twenty (20) feet of frontage on an improved street. D. Corner lots designated for residential uses shall be platted at least five (5) feet wider than required by Chapters 18.02 through 18.78 of this Code. ----------------------------- Ordinance No. 4002 Page Fifty-Two 8/2/84 2 3 4 5 6 7 8 9 10 11 12 13 . I E. Every lot shall border on an opened, improved and maintained public 1 street. 17.18.185 Additional Requirements. The standards and requirements established or referenced by this Chapter are minimum requirements. These standards may be increased, and additional requirements may be imposed for the purpose of mitigating identified adverse environmental impacts pursuant to the State Environment~l Policy Act of 1971 (Chapter 43.21C R.C.W.) as now established or hereafter modified. Such addi- tional requirements may include but shall not be limited to off-site improve- ments to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any City fund established to finance the provision of public services required by the subdivision. 17.18.190 Modification of Standards and Specifications - - Subdivisions. 14 The Planning Commission may recommend, and the City Council may ~pprove 15 modification of any standards and specifications established or referenced by 16 this Chapter, excepting the standards established by Chapters 18.02 through 17 18.78 of this Code, upon making the following findings of fact: 18 A. Such modification is necessary because of special circumstances 19 20 21 22 related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; and 23 B. Such modification will not be materially detrimental to the implemen- 24 25 tation of the policies and objectives of the adopted land use, cir- culation and utility plans of the City; and 26 C. Such modification is necessary to accomplish the purposes of this 27 28 29 30 31 32 Title, as enumerated by Section 17.02.030. ----------------------------- Ordinance No. 4002 Page Fifty-Three 8/2/84 6 7 8 9 10 11 12 13 14 15 17.28.020 16 17 18 19 20 21 22 17.30.010 , I y 1 17.18.200 Acceptance of Jmprovements. 2 Improvements to be deeded or otherwise conveyed to the City shall not be 3 accepted until adequate "as-built" drawings and an aceptable bond ensuring the 4 adequate operation of such improvements for a period not to exceed one (1) 5 year have been received and approved by the City Engineer. ARTICLE III. SHORT SUBDIVISIONS Chapter 17.28 APPLICABILITY OF SHORT SUBDIVISION METHOD 17.28.010 Applicability. The provisions of this Article may be applied to the division of land into four (4) or fewer lots, tracts or parcels, except as ptovided by Sections 17.04.030 and 17.28.020 of this Title. Re-Division of Short Subdivided Land. Land in a short subdivision shall not be further divided in any manner within a period of five (5) years following short subdivision approval, without the filing of a final plat. Chapter 17.30 SHORT SUBDIVISION PROCEDURES Pre-Application Conference. 23 Persons considering making application to short subdivide land lying 24 within the City of Auburn are encouraged to request that a pre-application 25 conference be held with appropriate City staff. Such request shall be 26 directed to the Planning Director, and upon its receipt the Director shall 27 schedule a conference between the prospective applicant and appropriate City. 28 staff. The purpose of a pre-application conference is for the prospective 29 applicant and City staff to gain a common understanding of the nature of the 30 31 32 ----------------------------- Ordinance No. 4002 Page Fifty-Four 8/2/84 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . I " contemplated short subdivision and subsequent development, and any procedures, 1 rules, standards and policies which may apply. The prospective applicant is 2 encouraged to bring to the conference whatever information deemed appropriate 3 to help describe the existing nature of the site and its surroundings and the 4 proposed nature of the contemplated short subdivision and subsequent develop- 5 mente Such information may include photographs, sketches, and maps. The 6 Director or the prospective applicant may request that an additional con- 7 ference or conferences be held to further the purpose of this section. 17.30.020 Application Submittal ,and Contents. Application for short subdivision approval shall be submitted to the Department of Planning and Community Development on forms to be provided by the Department, and shall provide the following information: A. The name, address and telephDne number of the applicant; B. A certification by the applicant showing the entire contiguous land in which there is any interest by reason of ownership, contract for purchase, earnest money agreement or option by any person, firm or cor- poration in any manner connected with the development, and the names and addresses and telephone numbers of all such persons, firms or corporations; C. The existing zoning classification; D. The square footage computation of each lot or parcel sufficiently accurate to show that such lot or parcel contains at least sufficient footage to meet minimum zoning and health requirements. The square footage of land contained in access easements or access panhandles shall not be included in the lot size computations; E. The source of water supply for each lot, including proposed well locations and easements, if any; F. The method of sewage disposal and, if septic tanks are to be used, preliminary percolation test must be submitted. The percolation tests must be conducted in accordance with King County regulations. ----------------------------- Ordinance No. 4002 Page I;ifty-Five 8/2/84 · I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ A separate percolation test must be performed on each lot of the pro- posed short subdivision and submitted to the Department of Public Works for approval. The City Engineer may require that such tests be made under high ground water (winter) conditions. In lieu of requiring that percolation test results be submitted at time of application, the Planning Director may approve a short plat, subject to a condition that the required test results be submitted and approved by the City Engineer before the plat can be recorded. G. A short plat prepared on the forms supplied with the application and containing the following information: 1. A legal description of the short subdivision and of all the lots, tracts or parcels therein, together with the legal description of private roads and easements therein; 2. The date, scale and north arrow; 3. The boundary lines to scale of the tract to be subdivided and of each lot contained therein. All boundary lines to be properly dimensioned; 4. The number assigned to each lot; 5. The location and widths of any easements for public services and utilities within the area contained within the short subdivision; 6. The boundaries of all lands reservéd in the deed for common use of the property owners of the short subdivision; and 7. The map and legal descriptions included in the application for a short subdivision shall be prepared and certified by a registered land surveyor; and H. Any additional pertinent information required by,the Planning Director. 17.30.030 Accompanying Documents. 28 An application for short subdivision approval shall be accompanied by the 29 following: 30 31 32 ----------------------------- Ordinance No. 4002 Page ~ifty-Six 8/2/84 , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 " .., A. Proof of date of last segregation of the parcel of land to be short subdivided; B. A completed Environmental Checklist form, blank copies of which are available from the Department, if the responsible official deems it necessary; C. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be recorded simultaneously with the short sub- division; D. In any short subdivision where lots are served or to be served by a private road, the subdivider shall furnish a copy of sl!ch further covenants or documents that will result in: 1. Each lot owner having access thereto and having responsibility for maintenance of any private road contained within the short subdivision in such a condition as to allow free access for emergency vehicles; 2. 3. Allowing access for emergency vehicles; and Such covenants or documents shall obligate any seller to give actual notice to any prospective purchaser of the method of maintenance of the private road, which notice shall be caused to be included in any deeds or contracts relating to such sale and such covenants or documents shall be recorded simultaneously with the short subdivision; and E. A current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be short subdivided; 2. Those individuals or corporations holding an ownership interest in said parcel; and 3. Any easements or restrictions affecting the property to be short subdivided with a description of purpose and referenced by audi- tors file number and/or recording number. ----------------------------- 31 Ordinance No. 4002 Page Fifty-Seven 32 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 J 17.30.040 Administrative Review. A. Upon receiving a complete application for short subdivision approval, the Director shall transmit a copy of the short plat, together with copies of any accompanying documents as the Director deems appropriate, to the following: 1. City Engineer, who shall review the proposed short subdivision 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; 2. City Fire Marshall, who shall review the 'proposed short subdivi- sion with regard to adequate provisions for emergency access; and 3. Any other City department, utility provider, school district or other public or private entity as the Director deems appro pri ate. In transmitting the proposed short plat to the parties referenced above, the Director shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the Department 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 Director's decision on the short subdivison. If no comments are received from any of the parties referenced above, the Planning Director shall make such findings as the Director deems just. 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 bridges, sewer and water systems and other struc- tures. The Planning Director shall not approve a short plat which does not contain such a statement signed by the City Engineer. ----------------------------- Ordinance No. 4002 Page Fifty-Eight 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . I " B. The Planning Director shall review the proposed short subdivision and determine its conformance to the general purposes of this Title, its conformance to the Auburn Comprehensive Land Use Plan, and its con- formance to the Auburn Zoning Ordinance and any other applicable land use controls. These determinations shall be incorporated into the formal findings which will form the basis of the Director's decision on the short subdivision. 17.30.050 Planning Director's Decision. A. The Planning Director shall, within the time period prescribed by Section 17.06.040 of this Title, take one of the following actions: 1. Approve the short subdivision with or without conditions; 2. Return the short plat to the applicant for correction or modifi- cation or for the construction of improvements as requested by the City Engineer or Fire Marshall; or 3. Disapprove the short subdivision. 16 B. The Director may require, as a condition of plat approval, that any 17 18 required improvements be guaranteed by one of the methods described 19 C. Where any portion of the proposed short subdivision lies within both by Section 17.12.120 of this Title, prior to short plat approval. 20 21 22 23 24 25 26 a flood control zone as specified by Chapter 18.16 R.C.W. and either the one percent flood hazard area or the regulatory floodway, the Director shall not approve the short plat unless the Director imposes a condition requiring the subdivider to obtain a State Flood Control Zone Permit from the Washington State Department of Ecology. In such cases, the short plat shall not be filed for record with the County until such permit has been obtained. 27 D. Upon reaching a decision, the Director shall so notify the applicant. 28 29 30 31 32 Notification shall include a recitation of the findings and conclu- sions upon which the decision is based, and any conditions of appro- val. ----------------------------- Ordinance No. 4002 Page Fifty-Nine 8/2/84 ,I -' 17.30.060 Appeal of Planning Director's Decision. 1 Any person aggrieved by the decision of the Planning Director may request 2 a review of the decision by the City Council. Such request must be made in 3 writing within ten working days from the date the Director's written decision 4 was made. Such appeals shall be heard by the City Council under the same pro- 5 cedures established for hearings on preliminary plats, and the decisions of 6 the Planning Director shall be treated and processed in the same manner as the 7 recommendations of the Planning Commission on a preliminary plat. After 8 public hearing thereon, the Council may approve, disapprove or return the 9 short plat to the applicant for modification, correction, construction of 10 improvements, or meeting conditions of approval. 11 12 13 14 15 16 17 .30.070 Performance under Conditional Approval. Where a short plat is approved subject to conditions, no building permit shall be issued for property subject to the short subdivision prior to final inspection and approval of any required improvements, and until any other con- ditions have been met to the satisfaction of the Planning Director. 17 17 . 30 . 080 Distribution of Copies and Fi1ing of Short Plat. 18 The Planning Director shall either forward the original of the approved 19 short plat to the County Auditor for recording, or shall return the original 20 to the applicant for recording. The Director shall retain one (1) copy of the 21 approved short plat in the files of the Planning Department, and shall forward 22 one (1) copy to the City Engineer. 23 24 25 26 27 28 29 30 31 32 17.30.090 Transfer of Ownership Following Short Plat Approval. Whenever any parcel of land lying within the City is divided under the provisions of this Article, no person, firm or corporatioR shall sell or transfer, any such lot, tract or parcel without having first had an approved. short plat filed for record. ----------------------------- Ordinance No. 4002 Page Sixty 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 , I -' 17.30.100 Release of Improvement Guarantee. If an improvement bond or other guarantee has been submitted under Section 17.30.050 (B) of this Chapter, such guarantee shall be released upon acceptance by the City of a properly executed bill of sale for such improvements. A por- tion of the guarantee equivalent to ten (10%) percent of the value of public improvements installed may be retained by the City for a period of time up to one (1) year after acceptance, to ensure the adequate operation of such impro- vements, following which any unused portion of such guarantee shall be released. CHAPTER 17.32 SHORT SUBDIVISION MINIMUM REQUIREMENTS 17.32.010 Lot Area and Dimensions. Each lot created by short subdivison shall contain sufficient square footage and lot dimensions to meet the requirements of the Auburn Zoning Ordinance (Title 18 A.C.C.). Each lot to be served by an on- s ite sewage disposal system shall be a minimum of 15,000 square feet in area and shall also meet the minimum lot area requirements of the King County Board of Health rules and regulations, as determined by the Public Works Department. Land contained in access easements or access panhandles shall not be included in lot area or lot dimension calculations for the purposes of this section. 17.32.020 Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent to or within the short subdivison shall be in conformance with the adopted City traffic and 25 utility plans. Easements for utilities recommended by such plans shall be 26 27 28 29 30 31 32 provided to the City, the exact location of such easements to be determined by the City Engineer. ----------------------------- Ordinance No. 4002 Page Sixty-One 8/2/84 > I ¡ 17.32.030 Adjacent Streets. 1 When any public street lying adjacent to the property being short sub- 2 divided has insufficient width or for any other reason does not conform to 3 minimum street standards, as described in Sections 17.18.060 through 17.18.110 4 of this Title, sufficient additional right of way shall be dedicated to the 5 City and appropriate improvements shall be made by the subdivider to conform 6 the abutting half of the street to such standards. Such improvements may be 7 delayed if guaranteed to the satisfaction of the Planning Director. Any such 8 guarantee shall be recorded with the plat and shall be binding upon the pro- 9 perty owner and the owner's heirs, successors and assigns. In deciding 10 whether a delay should be allowed, the Director shall consider the present and 11 future need for such improvement, the improved or unimproved nature of adja- 12 cent right of way, and whether or not street grades haNe been established. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 17.32.040 Access. A. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street or shall be served by a private street, access easement or panhandle having direct access to such a public street. Where private streets and access easements are provided, they shall be improved or guaranteed to the standards considered appropriate to the situation by the City Engineer, but in all cases shall be paved to a minimum depth of two (2) inches. B. Dedication of a public street or streets shall be required, and a proposed short subdivision shall be processed as a formal subdivison, whenever the Planning Director finds that one or more of the following conditions applies: ----------------------------- Ordinance No. 4002 Page Sixty-Two 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ;Þ 1. The general alignment of a proposed private street, access ease- ment or panhandle follows the general alignment of a future arterial recommended by the Traffic Circulation Element of the Comprehensive Plan; or 2. The general alignment of a proposed private street, access ease- ment or panhandle can be reasonably modified to provide a desirable through connection between two or more existing or planned public streets or arterials; or 3. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision. C. All private streets, access easements and panhandles shall be capable of meeting the fire access requirements of Chapter 15.36 of this Code, in addition to any other requirements of this, Title. All private streets shall be improved as directed by the City Engineer. D. A private street, access easement or panhandle providing access to one or more commercial or industrial lots shall be a minimum of thirty (30) feet wide, PROVIDED, that the Planning Director may require such access to be up to sixty (60) feet wide upon finding that such greater width is necessary to provide for adequate access and circulation. E. A private street, access easement or panhandle serving one or more residential lots capable of supporting more than four (4) but fewer than twenty-five (25) dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of thirty (30) feet wide, except that where more than one (1) such access way is provided to such lot or lots, the minimum width of each shall be twenty (20) feet. ----------------------------- Ordinance No. 4002 Page Sixty-Three 8/2/84 , ~ F. A private street, access easement or panhandle serving one or more 1 2 3 4 5 6 7 8 9 residential lots capable of supporting twenty-five or more dwelling units in the aggregate, under the zoning requirements in effect on the date of short plat approval, shall be a minimum of fifty (50) feet wide, except that where more than one (1) such access way is provided to such lot or lots, the minimum width of each shall be thirty (30) feet. G. The maximum number of lots to be served by a private street or access easement shall be four (4). 10 17.32.050 Modification of Requirements -- Short Subdivisons. 11 A. A subdivider may request that certain requirements established or 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 referenced by this Chapter be modified, and the City Council may grant such modification except that the requirements of Section 17.32.010 shall not be so modified. Such request of modification shall be submitted to the Planning Director, together with the sub- divider's written agreement to an extension of the time period pro- vided by Section 17.06.040. The Planning Director shall transmit the request for modification, together with the Director's recommen- dation, to the City Council. Upon receipt of the request, the Council shall at its next public meeting set the date for a public hearing. B. After the Council has set the date for a public hearing under this Section, the City Clerk shall cause notice of such hearing to be given. C. Following the public hearing, the City Council shall approve or reject each requested modification. A modification shall be rejected unless the Council finds that: ----------------------------- Ordinance No. 4002 Page Sixty-Four 8/2/84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ~ I ¡ . . .I' 1. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development ri ghts and pri vil eges permitted to other properti es in the vi ci- nity and in the zoning district in which the subject property is located; and 2. Such modification will not be materially detrimental to the implementation of the policies and objectives of the adopted land use, circulation and utility plans of the City; and 3. Such modification is necessary to accomplish the purposes of this Title, as enumerated by Section 17.02.030." Section 2. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 3. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: AUGUST 6. 1984 PASSED: AUGUST 6. 1984 ~/ ATTEST: êð14Ø¡ ÎJ/t~rk 30 31 PUBU SHED: AUGUST 12, 1984 ----------------------------- 32 Ordinance No. 4002 Page Sixty-Five 8/2/84