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HomeMy WebLinkAbout42961 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 4 2 9 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,-REPEALING AUBURN CODIFIED CITY ORDINANCE TITLE 17 AND CREATING A NEW AUBURN CODIFIED CITY ORDINANCE TITLE 17 ENTITLED AUBURN LAND DIVISION ORDINANCE. WHEREAS, a new Land Division Ordinance has been developed to replace the City's current Land Division Ordinance; and and WHEREAS, the City's current Land Division Ordinance was adopted in 1984; WHEREAS, on August 18, 1986, the City adopted a new Comprehensive Plan which provides broad goals, objectives and policies for land uses and activi- ties throughout the City; and WHEREAS, a draft Land Division Ordinance was prepared by the Planning and Community Development Department and Planning Commission to implement and be consistent with the new Comprehensive Plan and Zoning Ordinances, and changes in the State Subdivision laws; and WHEREAS, the environmental impacts of the draft Land Division Ordinance were considered in accordance with the procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper prior to the date of hearing the Auburn City Planning Commission at public meetings on April 5, 1988 and May 3, 1988, conducted public hearings on the draft Land Division Ordinance; and WHEREAS, at said hearings the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration of said draft Land Division Ordinance; and WHEREAS, the Auburn City Planning Commission recommended approval of the draft Land Division Ordinance as amended and transmitted a copy of its recom- mendations for the Ordinance to the Auburn City Council; and Ordinance No. 4296 Page One 7/13/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 29 30 31 32 WHEREAS, at said hearing on July 5, 1988, the Auburn City Council heard public testimony and took evidence and exhibits into consideration of said draft Land Division Ordinance; and WHEREAS, the Land Division Ordinance is deemed to be in the best interest of the public health, safety, welfare and morals of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn Codified City Ordinance Title 17, including all revi- sions previously adopted by the City, is upon the effective date of this Ordinance, repealed in its entirety. Section 2. There is herewith created a new Auburn Codified City Ordinance Title 17, to be known as the "Auburn Land Division Ordinance," said Title 17 is attached hereto, denominated as Exhibit "A" and incorporated herein as though set forth in full, and it is herewith directed that it be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 3. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation and to prepare and publish the aforementioned Land Division Ordinance as the Land Division Ordinance for the City. Section 4. If any section, subsection, sentence, clause, phrase or por- tion of this Ordinance or any section of the Land Division Ordinance herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and indepen- dent provision, and such holding shall not affect the validity of the remaining portions thereof. Ordinance No. 4296 Page Two 7/13/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 Section 5. 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: JULY 18, 1988 PASSED: JULY 18, 1988 APPROVED: JULY 18, 1988 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney PUBLISHED: JULY 28, 1988 Ordinance No. 4296 Page Three of Three 7/13/88 CITY OF AUBURN LAND DIVISION ORDINANCE NO. 4296 TITLE 17 JULY 18, 1988 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 25 WEST MAIN STREET AUBURN, WASHINGTON 98001 (206) 931-3090 Title 17 TABLE OF CONTENTS CHAPTERS: 17.02 17.04 17.06 17.08 17.10 17.12 17.14 17.16 17.18 17.20 17.22 17.24 General Provisions De fini tions Preliminary Plats Improvement Method Report Final Plats Subdivision Improvements Short Subdivisions Lot Line Adjustments Modifications Vacations A1 terations Amendments PAGE NO. 17.02-1 17.04-1 17.06-1 17.08-1 17.10-1 17.12-1 17.14-1 17.16-1 17.18-1 17.20-1 17.22-1 17.24-1 Chapter 17.02 GENEI:~L PROVISIONS Sections: 17.02.010 17.02.020 17.02.030 17.02.040 17.02.050 17.02.060 17.02.070 Short title. General authority. Purpose. Scope. Exceptions. Administration. Consent to access. 17.02.010 Short title. This ordinance, together with any amendments hereto, shall be known as the "Auburn Land Division Ordinance" of the City of Auburn which shall constitute Title 17 of the Auburn City Code and shall hereafter be referred to as this Title. 17.02.020 General authority. This Title is adopted under the authority of Chapter 35A.01, 35A.58 and 58.17 Revised Code of Washington (R.C.W.). 17.02.030 Purpose. The purpose of this Title is to regulate the division of land lying within the corporate limits of the City of Auburn, and to promote the public health, safety and general welfare in accordance with standards established by the State and the City, and to: A. Prevent the overcrowding of land; B. Lessen congestion and promote safe and convenient travel by the public on streets and highways; C. Promote the effective use of land; D. Provide for adequate light and air; E. Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for the expeditious review and approval of proposed land div- isions which comply with this Title, the Auburn zoning ordinance, other City plans, policies and land use controls, and Chapter 58.17. R.C.W; H. Adequately provide for the housing and commercial needs of the citi- zens of the State and City; I. Require uniform monumenting of land divisions and conveyance by accurate legal description; J. Implement the goals, objectives and policies of the Auburn Comprehensive Plan. 17.02-1 ~ 7 · 0~. 040 ~ Scope. Every division of land lying within the corporate limits of the City s~hall , , comply with the provisions of this Title, except as provided by Section 17.02.050, 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 De adversely affected thereby. 17.02.050 Exceptions. The provisions of this Title shall not apply to: A. Cemeteries and other burial plots while used for that purpose; B. Divisions made Dy testamentary provisions or the laws of descent; C. Assessor's plats made in accordance with R.C.W. 58.18.010; D. Lot line adjustments for existing lots of record, provided that such adjustments are made consistent with the provisions of Chapter 17.16 of this Title. 17.02.060 Administration. 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. 17.02.070 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. 17.02.080 Penalties. Any person who has not complied with the requirements of the Title or the conditions of any approvals required of this Title is subject to the penalties of section 1.24.010 of the Auburn City Code. 17.02-2 Chapter ~7.04 DEFINITIONS Sec tions: 17.04.010 17.04.020 17.04.030 17.04.040 17.04.050 17.04.060 17.04.070 17.04.080 17.04.090 17.04.100 17.04.110 17.04.120 17.04.130 17.04.140 17.04.150 17.04.160 17.04.170 17.04.180 17.04.190 17.04.200 17.04.205 17.04.210 17.04.220 17.04.225 17.04.230 17.04.240 17.04.250 17.04.260 17.04.270 17.04.280 17.04.290 17.04.300 17.04.310 17.04.320 17.04.330 17.04.340 17.04.350 17.04.360 17.04.370 17.04.380 17.04.390 17.04.400 17.04.410 General definitions. A.C.C. Applicant. Application. Binding site plan. City. Code. Commission. Comprehensive plan. Council. Dedication. Depar tmen t. Development permit. Director. EIS or environmental impact statement. Final plat. Hearing examiner. Impr ovemen ts. Land division. Lot. Lot area. Lot line adjustment. Lot of record. Monument. One percent flood hazard area. Panhandle. Planning agency. Planning commission. Preliminary plat. Public way. RCW. Regulatory floodway. Responsible official. Short plat. Short subdivision. Street. Street, half. Street, private. Street, public. Subdivision. USC and GS. US GS. Zoning ordinance. 17.04.01 0 Except Title shall General definitions. where specifically defined in this chapter, all words used in this carry their customary meanings. Words used in the present tense 17.04-1 ~. t "hi S" fnclu~e the~ future, and the plural includes the singular; the word "he" ~or ' shall also refer to "she" or "her" t~he word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision, the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". 17.04.020 A.C.C. "A.C.C." means the Auburn City Code. 17.04.030 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. 17.04.040 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. 17.04.050 Binding site plan. "Binding Site Plan" means a drawing prepared pursuant to Section 18.20.060 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. 18.20. 17.04.060 City. "City" means the City of Auburn, Washington. 17.04.070 Code. "Code" means the Auburn City Code. 17.04.080 Commission. "Commission" means the Planning Commission of the City of Auburn, as established by Chapter 2.45 of the Auburn City Code. 17.04.090 Comprehensive plan. "Comprehensive Plan" means the Comprehensive Plan for the Auburn Planning Area, as now constituted or hereafter amended, or its successor. 17.04.100 Council. "Council" means the Auburn City Council. 1 7.04-2 1'7.04~ 110 ~ Dedication. "Dedication" means the deliberate conv~eyance 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. 17.04.1 20 Department. "Department" means the City of Auburn Department of Planning and Community Development, or its successor, unless otherwise specified. 17 · 04.1 30 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, short subdivision, binding site plan, or lot line adjustment shall not be con- sidered a "development permit" for the purposes of this Title. 17.04.140 Director. "Director" means the director of the City of Auburn Department of Planning and Community Development, or its successor, unless otherwise specified. 17.04.150 EIS or environmental impact statement. "EIS or Environmental Impact Statement" 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. 17.04.160 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 17.10 of this Title and as set forth in Chapter 58.17 RCW. 17.04.170 Hearing examiner. "Hearing Examiner" means the City of Auburn Hearing Examiner, as established by Chapter 18.66 of the Auburn City Code. 17.04.180 Improvements. "Improvements" means the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, 17.04-3 And o~_her u~tilities and facilities required by this Title to be constructed in conjunction with any particular land ~ivis]~on. ~ ' r ' 17.04.190 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. 17.04.200 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; but shall exclude those tracts or parcels set aside for dedication to the City; and/or any other tracts or parcels created soley for the use of electric power, telephone, water supply sewer service, storm drainage or other utility facilities of a similar or related nature. This exclusion does not exempt the platting process necessary to create the lot, tract or parcel. 17.04.205 Lot area. "Lot Area" means the total horizontal area within, the boundary lines of a lot, however, the area contained in access easements, tracts, or panhandles shall not be included in the lot area or any other lot size computation. 17.04.210 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. 17.04.220 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. 17.04.225 Monument. "Monument" means a permanent type survey marker which conforms to the City of Auburn standard detail for monuments, or an approved substitute. 17.04.230 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". 17.04.240 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. 17.04-4 1'7.04~250 ~ Planning agency. "Planning Agency" means the Aubu~'n Dep~rtment of Planning and Community' Development, or its successor. 17.04. 260 Planning commission. "Planning Commission" means that body created by Chapter 2.45 of this Code. 17.04.270 Preliminary plat. "Preliminary 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 17.06 of this Title. 17.04.280 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. 17.04.290 RCW. "RCW" means the Revised Code of Washington, as now constituted or hereafter amended. 17.04.300 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." 17.04.310 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. 17.04.320 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 17.14 of this Title. 17.04.330 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 Chapter 17.14 of this Title. 17.04-5 1'7.04~340 ~ Street. "Street" means any land legally segregated or reserved for the purpose~of providing for vehicular travel and access to real property. 17.04.350 Street, half. "Half street" means a street with improvements built only from the cen- terline 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 ordinances, 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. 17.04.360 Street, private. "Private street" means any easement, tract or street which is not a public street. 17.04.370 Street, public. "Public street" means a street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel. 17.04.380 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 ownership, consistent with the provisions 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 and does not meet the criteria of Section 17.14.010(B). 17.04.390 USC and GS. "USC and GS" means the United States Coastal and Geodetic Survey. 17.04.400 USGS. "USGS" means United States Geodetic Survey. 17.04.410 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. 17.04-6 Chapter 1 7.06 PRELIMINARY PLAT Sections: 17.06.010 17.06.020 17.06.030 17.06.040 17.06.050 17.06.060 17.06.070 17.06.080 17.06.090 17.06.100 17.06.110 Pre-Application conference. Application, submittal and content. Public hearing. Administrative review. Hearing examiner review. City council action. Findings of fact. Notice of decision to applicant. Transfer of property. Adjustments of an approved preliminary plat. Time limitations. 17.06.010 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 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 infor- 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. 17.06.020 Application, submittal and contents. A. Application. 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: 1. A completed subdivision application form, blank copies of which are available from the Department; 2. 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; 3. One sepia or photo velum reproducible copy and six (6) paper copies of a preliminary plat, prepared according to the provisions of Chapter 17.06 of this Title; 4. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such pro- 17.06-1 " p~sed lot, conducted under the King County Board of Health rules and regulations. ~ne city Engineer may require that such tests De corn~ ducted under high ground water (winter) conditions. 5. A conceptual storm drainage/site grading plan and/or methodology pre- pared in accordance with the City of Auburn's Storm Drainage Ordinance Requirements. An application for preliminary plat approval shall be approved, approved with conditions, returned to the applicant for modifications or denied pursuant to the provisions of Chapter 17.06 within ninety (90) days of its receipt Dy 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 applica- tion for preliminary plat approval unless and until such time as the application meets the requirements of Section 17.06.020, as determined by the Director. B® 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 development controls. C® Scale and format. The preliminary plat shall be drawn with india ink or other reproducible black ink on mylar. All geographic information portrayed by the prelimi- nary 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 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 n,,mbered con- secutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. De Preliminary plat contents. A preliminary plat shall provide the following information: 1. General Information: The following information shall appear on each sheet of a preliminary plat: a. The name of the proposed subdivision, together with the words "Preliminary Plat". b. The name and address of the applicant. c. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the prelimi- nary plat. d. Numeric scale, graphic scale, true north point and date of preparation. e. 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 Depto Date 17.06-2 f.~ Legal description of preliminary plat. 2. Vicinity map: A vicinity map suff~icient 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. 3. Existing Geographic Features: Except as otherwise specified herein, the following existing geographic features shall be drawn lightly in relation to proposed geographic features: a. The boundaries of the property to be subdivided, and the boun- daries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines. b. All existing property lines lying within the proposed subdivision 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. c. 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 subdivision. d. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision. eo The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision. f. The location of existing section and municipal corporation boun- dary lines lying within or adjacent to the proposed subdivision. g. 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. h. Existing contour lines at intervals of five (5) feet for average slopes exceeding five (5) percent, or at intervals of one (1) foot for average slopes not exceeding five (5) percent. Existing con- tour 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 Subsection 4(f) below). Contour lines shall be labeled at intervals not to exceed twenty (20) feet, and shall be based upon City Datum, e.g. USGS or USC and GS. i. The location of any existing structures lying within the proposed 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. 4. Proposed Geographic Features: The following proposed geographic features shall be shown: a. 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. b. 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. c. The location, width and purpose of each easement to be created. d. The boundaries, dimensions and area of public and common park and open space areas. 17.06-3 ® e.~ Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication. , , f. 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 contours which are to be altered shall be shown by broken lines, as pro- vided by Subsection 3(h) above). Contour lines shall be labeled at intervals not to exceed twenty (20) feet, shall be based upon City Datum e.g., USGS or USC and GS, and shall be indicated by lines drawn lightly relative to other proposed geographic features. Additional Information: The following additional information shall be shown on the face of the preliminary plat: a. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area: i. Proposed land use (e.g. single family, duplex, multi-family). ii. Number of dwelling units. iii. Gross acreage. iv. Existing zoning designation. v. Proposed zoning designation. vi. Approximate area of smallest lot. b. Proposed source of domestic water supply. c. Proposed sewage disposal system. d. Typical street cross section(s). 17.06.030 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 Hearing Examiner at his next regular meeting for which adequate notice can be given. 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. B. Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity loca- tion 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; 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; 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- 17.06-4 4e Se 0 0 ~osed 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- perry 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 - five (5) public notices shall also be posted within 300 feet of the proposal; 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; Where the proposed subdivision adjoins the municipal boundaries of the City of Auburn, notice shall be mailed to the appropriate county officials; 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; 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. 17.06.040 Administrative review. A. The Director shall forward to the City Engineer, one copy of the proposed preliminary plat, together with copies of any appropriate accompanying documents. The City Engineer shall review the preliminary plat 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 per- taining to streets, storm drainage or utilities; and regarding any other issues related to the interests and responsibilities of the City Engineer and the Department of Public Works. The terms of a recommendation for approval submitted to the Hearing Examiner under this subsection shall not be modified by the Director of Public Works or the City Engineer without the consent of the applicant. B. The Director shall solicit the comments of any other appropriate City 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 Hearing Examiner or incorporated into a report prepared by the Director and submitted to the Hearing Examiner, prior to the sche- duled public hearing. C. The Director shall ensure that, to the extent possible, the preliminary plat will be processed simultaneously with other approvals related to the subject property. 17.06.050 Hearing examiner review. A. Pursuant to the provisions of Chapter 18.66 of the Auburn City Code the Hearing Examiner shall within ten (10) calendar days of the closure of the public hearing recommend to the City Council to approve, deny, or approve with conditions the preliminary plat. The Hearing Examiner shall not 17.06-5 80 recommend approval of the preliminary plat unless he finds the proposed subdivision is in conformance wi.th the findings of fact as outlined in-,' Section 17.06.070. Pursuant to the provisions of Section 18.66.150 of the Auburn City Code, the Planning Director or any interested party affected by the recommen- dation of t~e Examiner who asserts that the Hearing Examiner based that recommendation on an erroneous procedure, errors of law or fact, error in judgement, or the discovery of new evidence which could not be reasonably nably available at the prior hearing, may make a written request for review by the Examiner within seven (7) calendar days after the written decision of the Examiner has been rendered. The request for reconsideration shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as the Examiner deems proper. The Examiner may request further information which shall be provided within ten (10) calendar days of the Examiner's request. The Examiner's written decision on the request for consideration shall be transmitted to all parties of record within ten (10) calendar days of receipt of the request for reconsideration or receipt of the additional information requested, whichever is later. 17.06.060 City council review. A. Upon receipt of the Hearing Examiner's recommendation, the City Council shall at its next public meeting tentatively approve, remand the recommen- dation to the Examiner or schedule a public hearing on the proposed preli- minary plat. Any aggrieved person may request the Council to conduct its own hearing. The Council must conduct a public hearing if the Council modifies or reverses the recommendation of the Hearing Examiner. B. In its deliberations on a proposed preliminary plat, the Council shall con- sider, but shall not be bound by, the findings, conclusions and recommen- dations of the Hearing Examiner, and all testimony and other evidence pre- sented during the Council public hearing, if required. After considering the preliminary plat, the Council may tentatively approve, tentatively approve with conditions, reject or return the plat to the applicant for corrections or modifications. C. When the Council makes its tentative decision on the preliminary plat, it shall instruct the City Attorney to prepare a resolution reflecting its tentative decision for final consideration at the Council's next regular meeting. 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 conditions, 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 spe- cified in the resolution. 17.06.070 Findings of fact. Preliminary plats shall only be approved if findings of fact are drawn to support the following: A. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and sites for schools and schoolgrounds; 17.06-6 De F® Confor~mance of the proposed subdivision to the general purposes of the Comprehensive Plan; , ~ ~ Conformance of the proposed subdivision to the general purposes of any other applicable policies or plans which have been adopted by the City Counc i 1; Conformance of the proposed subdivision to the general purposes of this Title, as enumerated in Section 17.02.030; 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; The potential environmental impacts of the proposed subdivision are miti- gated such that the preliminary plat will not have an unacceptable adverse effect upon the quality of the environment. 17.06.080 Notice of decision to applicant. Following adoption of a resolution approving or rejecting a preliminary 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 Chapter 17.08, and shall inform the applicant regarding the applicable time limi- tations on final plat submittal. 17.06.090 Transfer of property. 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. 17.06.100 ~justments of an approved preliminary plat. A. Minor adjustments: Minor adjustments may be made and approved by the Planning Director. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall not vary more than ten (10) percent from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this Title, the zoning ordi- nance, any other applicable city land use control, chapter 58.17 RCW, or any other applicable state law or regulation. B. Major adjustments: Major adjustments are those when determined by the Planning Director, substantially change the basic design, layout, open space or other require- ments of the plat. When the Planning Director determines a change consti- tutes a major adjustment a new application for a preliminary plat is required and shall be processed as a new and separate application. 17.06-7 · 10 ' Time limitations. A preliminary plat shall be vali~ for ,a three (3) year period following' council approval of the preliminary plat. An applicant who files a written request with the council at least thirty (30) days before the expiration of the three (3) year period shall be granted a one (1) year extension upon showing that a good faith effort has been attempted in applying for a final plat. A good faith effort is defined to be at minimum the submittal of a complete engi- neering-construction drawing(s) to the City. Additional extensions of one (1) year may be similarly requested by the applicant and granted by the Council, subject to a finding of good faith effort· A plat granted preliminary approval but not filed for final plat approval within the applicable time period or extended time period shall be null and void. 17.06-8 Chapter 17.08 IMPROVEM~T METHOD REPORT Sec tions: 17.08.010 17.08.020 Appl ica tion. City engineer' s certificate of improvements. 17 · 08 · 010 Application. Following preliminary plat approval and approval of all plans required by C~apter 17.12, and prior to submission of an application for final plat appro- val, the applicant shall submit to the Planning Director, in duplicate, a report describing the method by which the applicant proposes to carry out the minimum improvements required by this Title, 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 carried out as provided by plans submitted and approved pursuant to Chapter 17.12 and in accordance with City standards and specifications, and under the supervision of the City Engineer. The 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. In order to ensure the construction and expeditious completion of the improvements and to reduce the possibility of the City having to claim a bond to complete the improvements, a bond will only be accepted for all or a majority of the improvements upon a finding by the Planning Director that all of the following criteria are met; the plat is small in scope, there are no off-site improvements, the applicant has demonstrated previous suc- cessful platting experience, the financing and the contractor for the improvements are secured, and the amount and the form of the bonds have been approved by the City Attorney and City Engineer; or B. By the formation of a Local Improvement District consistent with the provi- sions 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 pro- visions of Chapter 17.12, as provided by the local improvement district laws of the state and the City Council, and in accordance with City stan- dards and specifications and under the supervision of the City Engineer; or D. By actual installation of improvements in accordance with the provisions of Chapter 17.12, and in accordance with City standards and specificiations and under the supervision of the City Engineer; or E. By a combination of these methods. 17.08-1 '1'7.08~020 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 Title 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 the 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. 17.08-2 Chapter '17.10 Sec tions: 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 17.10.070 17o10o080 Application submittal and contents. Administrative review. City council action. Terms of approval. Distribution and filing. Transfer of ownership. Building and occupancy permits. Release of improvement guarantee. 17.10.010 Application submittal and contents. A. Application The original and two (2) copies of a final plat meeting all requirements of Chapter 58.17 RCW and this Title shall be submitted to the Director and transmitted by the Director to the Council. The final plat shall be accompanied by a copy of the approved preliminary plat and any documents required by Section 17.10.010. An application for final plat approval shall be approved or returned to the applicant for corrections 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 final plat approval unless and until such time as the application meets the requirements of this section, as determined by the Di rector. B. Preparation The final plat shall be prepared by a professional land surveyor licensed by the State of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the pre- parer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. C. 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 (1/2) 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 one sheet is required, an index sheet showing the entire sub- division 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 reproducible black ink. D. Final plat contents A final plat shall contain the following information: 1. The name of the subdivision; 2. Legal description of the property being subdivided; 17.10-1 9. 10. 11. 12. 13. 14. 15. 16. 17. Numeric scale, graphic scale, true north point and date of pr,para-' tion of the final plat; , ~ ' The boundary line of the plat, referenced to City (USG-GS) datum and based on an accurate traverse, with angular and linear dimensions and Dearings; The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; The exact location, width and purpose of all easements and dedica- tions for rights-of-way provided for public and private services and utilities; True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accurately locate the subdivision; Municipal, Township, County or Section lines accurately tied to the lines of the plat by distances and courses; All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; 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; All plat meander lines or reference lines along bodies of water shall be established above, but not farther than twenty (20) feet from the 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; Accurate outlines of any areas to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; Any restrictions or conditions on the lots or tracts within the sub- division, as required by the City Council or at the discretion of the property owner; 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; 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, 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 17.10-2 18. Mdjacent land by the established construction, drainage or main- tenance of said street or oe_her areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a Notary public by all parties having any interest in the lands 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. Forms for the appropriate certifications of the Finance Director, City Engineer and Planning Director, as follows: "FINANCE DIRECTOR'S CERTIFICATE 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 have been duly paid, satisfied or discharged, this day of 19 . Auburn Director of Finance "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. 17.08.020, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this day of 19 . 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 preliminary plat and any conditions attached thereto, which preliminary plat was approved by Resolution Number of the Auburn City Council on the day of 19 · Auburn Planning Director 17.10-3 20. ~ form for the approval of the Mayor, pursuant to A.C.C. 17.10.030,' as follows: J , ~ "APPROVAL Examined and approved this day of pursuant to City Ordinance ~umber City Council on the day of 19 , adopted by the Auburn 19 . Mayor ATTEST Auburn City Clerk 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 . E® 21. 22. King County Comptroller Deputy King County Comptroller A form for the approval of the County Assessor, as follows: "ASSESSOR'S APPROVAL Examined and approved this King County Assessor day of 19 . Deputy King county Assessor 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 of 1 9 at minutes past M., and recorded in Volume of Plats, page Records of King County, Washington. King County Recording Number Manager Superintendent of Records day 23. Any additional pertinent information as required at the discretion of the City Engineer or Planning Director. Accompanying documents 1. In cases where any protective deed covenants will apply to lots or par- cels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat. 2. The final plat shall be accompanied by a complete survey of the section 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 17.10-4 3e ® ~orners, with the descriptions ~f the same, and the actual traverse' showing error of closure an,d 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. The final plat shall be accompanied by a current (within 30 days) title company certification of: a. The legal description of the total parcel sought to be subdivided; D. Those individuals or corporations holding an ownership interest in said parcel; c. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; d. 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. The final plat shall be accompanied by a computer check of the boun- daries, streets centerlines, lots, blocks and lot area. The final plat shall be accompanied by a copy of the approved prelimi- nary plat for the property in question. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. 17.10.020 Administrative review. A. Upon receipt of a final plat for Council approval, the Director shall place the final plat on the next Council agenda that allows for at least ten (10) working days of staff review prior to the Council meeting. B. The Director shall forward the plat to the City Engineer and to other City departments for review. The City Engineer shall review the final plat and determine if it is in compliance with the certificate of improvements issued under section 17.08.020, is consistent with all applicable City improvement standards and requirements in effect on the date of preliminary plat approval. Co 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 prelimi- nary plat approval; the requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of preliminary plat approval; and the requirements of this Title in effect at the time of preliminary plat approval. 17.10.030 City council action. The City Council shall have sole authority to approve final plats. T~e Council shall approve, disapprove, or return to the applicant for modification or correction, a proposed final plat, on the date of the meeting set for con- sideration of the final plat under Section 17.10.020(A), unless the applicant agrees, in writing, to an extension of the time period provided by Section 17.10.010(A) 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 17.10-5 approval, ~nd the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, and. this ,Title, which requirements were 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. 17.10.040 Terms of approval. A subdivision shall be governed by the terms of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five (5) years after final plat approval unless the Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. 17.10.050 Distribution and filing. 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; B. Two paper copies shall be transmitted to the County Assessor; C. One reproducible copy shall be transmitted to the City Engineer; D. One reproducible copy shall be retained in the files of the Planning Department. 17.10.060 Transfer of ownership. Whenever any parcel of land lying within the City is divided under the provisions of this Title, no person, firm or corporation shall sell or transfer, or offer or advertise 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 17.06.090. 17.10.070 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 determination by the Fire Marshall that adequate fire protection for construction needs exists. B. No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until 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 17.08.010, 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. 17.10-6 ~ occupancy permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a structure on'a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the Building Official. 17.10.080 Release of improvement guarantee. If an improvement bond or other guarantee has been submitted under Section 17.08.010 or Section 17.10.070, such guarantee shall be released upon acceptance by the City of a properly executed bill of sale for such improvements and ade- quate "as-built" drawings. A portion of the guarantee equivalent to ten percent (10%) 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. 17.10-7 Chapter 17.12 SUBDIVIS ION IMPROVEMENTS Sections: 17.12.010 17.12.020 17.12.030 17.12.040 17.12.050 17.12.060 17.12.070 17.12.080 17.12.090 17.12.100 17.12.110 17.12.120 17.12.130 17.12.140 17.12.150 17.12.160 17.12.170 17.12.180 17.12.190 17.12.200 17.12.210 17.12.220 17.12.230 17.12.240 17.12o250 17.12.260 17.12.270 17.12.280 Plan preparation, submittal and approval. Street, sanitary sewer and water plans. Drainage plans. public water service. Public sanitary sewer service. Street and block layout. Block requirements. Street grades. Principal arterials. M~jor arterials. Residential arterials. Commercial and industrial streets. Residential streets. Rural residential streets. Alleys. Service drives. Private streets and access easements. Dead-end streets. Changes in grade. Street signs and channelization. Street trees. Street lighting. Fire hydrants. Underground utilities. Lot requirements. Parks and playgrounds. Floods and flood control. Additional requirements. 17.12.010 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 preliminary plat appro- val, for circulation and review. No construction permit or approval shall be issued, and no construction activity shall commence relating to subdivision improvements until the plans required by this Chapter have been approved and signed by the City Engineer. Plans shall be consistent with the approved preli- minary plat. All sanitary sewer, water, storm sewer and street improvements to De dedicated to the City shall be covered by a public facilities extension agreement, as required by Title 13 of the Auburn City Code. 17.12-1 ' 17.1~.020 Street, sanitary sewer and water plans. ' Plan/profile maps shall be prepa'red for all proposed streets, sanitary ~ewer' 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 pro- posed topography, utilities, grades, lot lines with appropriate numbers, rights- of-way and all other features or additional information required by the City Engineer. 17.12.030 Drainage plans. A drainage/site grading plan shall De prepared in conformance with the requirements of Chapter 13.48 of the Auburn City Code. 17.12.040 Public water service. Each lot in a subdivision created under this Title shall be served by a public water system owned and operated by the City of Auburn unless the City 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. 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 Engineer, that the proposed water system or systems will adequately serve the domestic water needs of future owners of property within the subdivision. 17.12.050 Public sanitary sewer service. Each lot in a subdivision created under this Title shall be served by the Auburn sanitary sewer system, unless the City finds that: A. City sanitary sewer service is not practical due to topography, distance from City sanitary sewer facilities of adequate capacity, extreme low pro- posed developmental density, or similar factor; and B. On-site sewage disposal systems will not be detrimental to the implemen- tation 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 purposes of this Title, and E. The City Engineer has reported favorably on the use of on-site sewage dispo- sal systems. 17.12-2 .12.060 Street requirements. The subdivision shall abut on a~d/or be served by an open, maintained ~ public street(s) and the street and block layout shall conform to the most advantageous development of adjoining areas, the entire neighborhood, and shall provide for the following: A. 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. 17.12.070 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 intersections 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 provided at approximately mid-block point, the right of way of which shall be at least ten feet in width and fully paved as approved by the City Engineer. D. The number of streets intersecting with existing or proposed arterials shall be held to a minimum consistent with the provisions of this section and consistent with adequate local circulation. 17.12.080 Street grades. A. New arterials, streets, alleys and service drives in subdivisions shall be subject to a maximum allowable grade of twelve (12%) percent; 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 Marshal. In making a decision, the City Engineer shall consider the following: 1. Grades exceeding twelve percent (12%) 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 percent (1 2%) are allowed, special pro- visions may be required to handle increased velocities of stormwater flows; 3. Individual portions of streets exceeding twelve percent (12%) grade should not exceed two hundred (200) feet in horizontal length; 17.12-3 Bo ~'4. ~rade transition (vertical curves) should be such that fire fighting apparatus will have no difficulty negotiating the proposed grade;~ 5. Grades exceeding twelve percent (12%) should be avoided along curves. Where approval of a street grade exceeding twelve percent (12%) 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 Chapter 17.18. 17.12.090 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 contructed 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. 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 provided between reverse curves. F. At intersections the street right of way shall be rounded by a minimum radii of thirty-five (35) feet with the curb radii a minimum of forty (40) feet. 17.12.100 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 De dedicated to the City and constructed or improved to meet all City standards and specifications, 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 he no less than three hundred (300) feet. E. A tangent of at least two hundred (200) feet in length shall be provided between reverse curves. F. At intersections the street right of way shall be rounded by a minimum radii of thirty-five (35) feet with the curb radii a minimum of forty (40) feet. 17.12.110 Residential arterials. Proposed and existing residential arterials located within or adjacent to the subdivision, as designated by the City Engineer in consultation with the 17.12-4 'Circu'latio~ Element of the Auburn Comprehensive Plan, shall be dedicated to the City and constructed or improved to meet a.%l City standards and specificatioHs, 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. At intersections the street right of way shall be rounded by a minimum radii of thirty (30) feet with the curb radii a minimum of thirty-five (35) feet. 17.12.120 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 arterials, as set forth by Section 17.12.100. 17.12.130 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 pro- perry 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 for the pro- vision 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 17.12.110: 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 provided between reverse curves. F. At intersections the street right of way shall be rounded by a minimum radii of twenty-five (25) feet with the curb radii a minimum of thirty (30) feet. 17.12.140 Rural residential streets. Proposed and existing streets, other than designated arterials, which are located within or adjacent to RR, Rural Residential, zoned property, and which are to serve only property designated for rural residential uses, shall be constructed or improved to meet the City standards and specificiations for Rural Residential streets including but not limited to the following; provided that where the City Council finds it necessary for the provision of safe and effi- cient circulation, the Council may require any such streets to be developed or improved to standards as set forth by Sections 17.12.110 or 17.12.130: 17.12-5 'A. ~ight 'of way widt~ shall be a minimum of fifty (50) feet. B. Roadway and shoulder widths shall be c~ependent upon the average number,6f vehicle trips per day (ADT) for the particular street as determined by the following table: Co E® Go ADT MINIMUM ROADWAY WIDTH MINIMUM SHOULDER WIDTH PER SIDE 400 & under 24 feet 2 feet 400 - 750 26 feet 3 feet 750 & over 28 feet 4 feet Shoulder and roadway widths may vary, dependent upon existing conditions, as approved by the City Engineer. Pavement width shall be a minimum of ten (10) feet per lane, except school bus routes shall be twelve (12) feet per lane. The radii of curvature on the centerline shall be no less than fifty (50) feet. Except that a greater radii may be required for streets with a posted speed limit in excess of 25 miles per hour. A tangent of at least one hundred (100) feet in length shall be provided between reverse curves. All deadend streets shall terminate in a circular turnaround having a mini- mum right of way diameter of ninety (90) feet and a minimum pavement diameter of sixty-five (65) feet. The length of the deadend shall be determined at the time of platting with consideration given to the number of lots served and the adequate provision for emergency access. Street construction shall meet the minimum requirements as established by the City Engineer for rural residential streets. 17.12.150 Alleys. 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: A. Alley rights of way shall be a minimum of twenty (20) feet wide if located within the C-2 Central Business 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 Business 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. 17.12.160 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 17.12.250(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 developed 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 17.12-6 " a~y through traffic, but may be used only where their access function is intended to serve only abuttir.~ lots. In general, service drives will be appropriate for relatively small industrial, commercial and multi-family residential areas, and for single family developments pursuant to Section 17.12.250(F). 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 residential areas shall be thirty (30) feet. 2. Service drives shall be constructed and paved to standards considered 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 mini- mum depth of two (2) inches over an adequately 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 gra- des, 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. Where a service drive is required by Section 17.12.250(F) of this Title, 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 prevail. 1. The service drive right of way shall be located parallel to and imme- diately 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 drive's 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; 3. A service drive shall not intersect an arterial, street or other vehi- cular 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. 17.12.170 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. The construction of the streets shall be as recommended by the City Engineer and approved by the City Council. 17.12-7 '17.12';180 A. Be Dead-end streets. All dead-end streets shall termir~ate 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. The radii of curvature for a permanent dead end street may be less than what is normally required if approved by the City Engineer. Dead end streets or cul-de-sacs shall not be more than 600 feet in length. Existing dead end streets that are greater than 800 feet in length should be linked to other streets whenever the opportunity arises, unless it can be demonstrated that such connections would lead to a substantial rerouting of through traffic onto the street. Existing dead-end streets longer than 800 feet shall not be allowed to serve substantial new deve- lopment unless linked to other streets. 17.12.190 Changes in grade. Ail changes in street grades shall be connected by vertical curves meeting the standards and requirements of the City Engineer. 17.12.200 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. 17.12.210 Street trees. Tree planting shall conform to the standards of Chapter 12.36 of the Auburn City Code. 17.12.220 Street lighting. Street lighting shall conform to the standards of the City and shall be provided and installed by the subdivider. 17.12.230 Fire hydrants. Fire hydrants shall conform to the standards of Chapter 13.16 of the Auburn City Code. 17.12.240 Underground utilities. A. Ail 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 Chapter 13.36 of the Auburn City Code. B. Whenever an intersection of an arterial and any other street is constructed or improved under the requirements of this Title, and when the City 17.12-8 'Engineer has determined that traffic signalization of such intersection will be needed in the future, tho City. Engineer may require the ins~.l~aL tion, at the subdivider's expense, of underground conduit which will be necessary for and will facilit~.te such future signalization. 17.12.250 Lot requirements. A. The area, width and depth of lots shall conform to the requirements of the Zoning Ordinance. The area within a "panhandle" access to a lot shall not be considered for the purpose of determining conformance with lot require- ments. B. The size, shape and orientation of lots shall be appropriate for the loca- tion, 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 public street, unless otherwise approved by this Title. D. Corner lots designated for residential uses shall be platted at least five (5) feet wider than required by the Zoning Ordinance. E. Every lot shall border on an opened, improved and maintained public street. F. For single family residential lots fronting on arterials provisions shall be made for service drives in front or access provided to a secondary street. G. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb as per the City Engineer's standard detail. 17.12.260 Parks and playgrounds. 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 pro- posed 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 future development on adjacent or nearby land, will act in a cumulative 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 dedication shall be deter- mined by the City Council based upon such factors as topography, drainage, natural amenities and access. 17.12.270 Floods and flood control. The City may disapprove a proposed subdivision because of flood, inundation or swamp condition if the City finds that such condition poses a threat to the public health, safety or general welfare. Where any portion of the proposed subdivision lies within the one percent flood hazard area or the regulatory floodway, the Council shall impose a con- dition on the preliminary plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) Flood hazard requirements. In such cases, no development permit associated with the proposed subdivision shall be issued by the City until said FEMA requirements have been met. 17.12-9 ~he City may require dedication of land to any public body and/or the construction of improvements and may lmI:~se' other conditions necessary to proL tect against flooding or inundation. 17.12.280 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 Environmental 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. 17.12-10 Chapter 17.14 SHORT SUBDIVISIONS Sec tions: 17.14.010 17.14.020 17.14.030 17.14.040 17.14.050 17.14.060 17.14.070 17.14.080 17.14.090 17.14.100 17.14.110 General provisions. Pre-application conference. Application. Accompanying documents. Administrative review. Planning director's decision. Distribution and filing. Conditional approval requirements. Release of improvement guarantee. Improvement requirements. Unbuildable lots. 17.14.010 General provisions. Land shall be divided by the short subdivision method according to the provisions of this Title, if the two following criteria are met: A. The division will not result in the creation of more than four (4) lots, tracts or parcels; B. The lot being divided had not been created by a short subdivision within the previous five (5) years except that when the short plat contains fewer than four (4) parcels the owner who filed the short plat may file a revised short plat within the five (5) year period to create up to a total of four (4) lots within the original short plat boundaries. 17.14.020 Pre-application conference. Persons considering making application to short 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 conference 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 short subdivision and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective ~pplicant is encouraged to bring to the con- ference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the con- templated short subdivision and subsequent development. Such information may include photographs, sketches, and maps. The Director or the prospective appli- cant may request that an additional conference or conferences be held to further the purpose of this section. 17.14.030 Application. 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: 17.14-1 '~he n~me, address and telephone nl~mber of the applicant; A certification by the applicant'showi'ng 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; The existing zoning classification; 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 any lot size computations; The source of water supply for each lot, including proposed well locations and easements, if any; The method of sewage disposal and, if septic tanks are to be used, prelimi- nary percolation test must be submitted. The percolation tests must be conducted in accordance with King County regulations. A separate per- colation test must be performed on each lot of the proposed short sub- division 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. If septic tanks and drainfields are used for a sewage disposal system then the subdivider shall be required to sign a nonremonstrance agreement if a future local improvement district is formed providing for public sanitary sewers to serve the short plat; A short plat prepared on the forms supplied with the application and con- taining 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 of the tract to be subdivided and of each lot con- tained 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 uti- lities within the area contained within the short subdivison; 6. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision; 7. The map and legal descriptions included in the application for a short subdivision shall be prepared and certified by a registered land sur- veyor; 8. Location of any existing structures, including setbacks; Any additional pertinent information required by the Planning Director. 17.14.040 Accompanying documents. An application for short subdivision approval shall be accompanied by the following: A. Proof of date of last segregation of the parcel of land to be short sub- divided; 17.14-2 Ce De Eo 'k completed Environmental Checklist form, blank copies of which are available from the Department, if the .responsible official deems it necessary; Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must De recorded simultaneously with the short sub- division; In any short subdivision where lots are served or to be served by a private road, the subdivider shall furnish a copy of such 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. Allowing access for emergency vehicles; 3. 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 docu- ments shall be recorded simultaneously with the short subdivision. A current (within 30 days) title company certification of: 1. The legal description of the total parcel sought to be short sub- divided; 2. Those individuals or corporations holding an ownership interest in said parcel; 3. Any easements or restrictions affecting the property to be short sub- divided with a description of purpose and referenced by auditors file number and/or recording number. 17.14.050 Administrative review. A. An application for snort 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 require- ments of Section 17.14.030 and 17.14.040, as determined by the Director. B. 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 Marshal, who shall review the proposed short subdivision with regard to adequate provisions for emergency access; 3. Any other City department, utility provider, school district or other public or private entity as the Director deems appropriate. 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 17.14-3 17.14~090 ' Release of improvement guarantee. If an improvement bond or other 9uaran~tee has been submitted under SectiOn 17.14.060 (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 improve- ments, following which any unused portion of such guarantee shall be released. 17.14.100 Improvement requirements. A. Lot area and dimensions. Each lot created by short subdivision 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-site 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, tracts or panhandles shall not be included in lot area or lot dimension calculations for the purposes of this sec tion. B. 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 ordinan- ces standards and policies. Easements for utilities recommended by such plans shall be provided to the City, the exact location of such easements to be determined by the City Engineer. C. Floods, flood control and storm drainage. 1. Where any portion of the proposed short subdivision lies within the one percent flood hazard area or the regulatory floodway, the Director shall impose a condition on the short plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. 2. A conceptual storm drainage/site grading plan may be required to be submitted, as part of the short plat, as determined by the City Engineer. D. Adjacent Streets. When any public street lying adjacent to the property being short sub- divided has insufficient width or for any other reason does not conform to minimum street standards, as described in Sections 17.12.090 through 17.12.150 of this Title, sufficient additional right of way shall be dedi- cated to the City and appropriate improvements shall be made by the sub- divider to conform the abutting half of the street to such standards. Such improvements may be delayed if guaranteed to the satisfaction of the City Engineer. Any such guarantee shall be recorded with the plat and shall be binding upon the property owner and the owner's heirs, successors and assigns. In deciding whether a delay should be allowed, the City Engineer shall consider the present and future need for such improvement, the improved or unimproved nature of adjacent right of way, and whether or not street grades have been established. E. Access. 1. 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 17.14-5 '~hall 'be incorporated into .the formal findings which will form the basi~ 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 structures. ~ne Planning Director shall not approve a short plat which does not contain such a statement signed by the City Engineer. C. The Planning Director shall review the proposed short subdivision and determine its conformance to the general purposes of this Title, its con- formance with the Auburn Comprehensive Plan, and its conformance with 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. 17.14.060 Planning director's decision. A. The Planning Director shall, within the time period prescribed by Section 17.14.050(A) 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 modification or for the construction of improvements as requested by the City Engineer or Fire Marshall; or 3. Disapprove the short subdivision. B. The Director may require, as a condition of plat approval, that any required improvements be guaranteed by one of the methods described by Section 17.08.010 of this Title, prior to short plat approval. C. Upon reaching a decision, the Director shall so notify the applicant. Notification shall include a recitation of the findings and conclusions upon which the decision is based, and any conditions of approval. D. Any person aggrieved by the decision of the Planning Director may appeal the decision to the Hearing Examiner in accordance with procedures prescribed in Section 18.70.050(B) through (E) of the Auburn City Code. After public hearing thereon, the Hearing Examiner may approve, disapprove or return the short plat to the applicant for modification, correction, construction of improvements, or meeting conditions of approval. The Hearing Examiner's decision shall be final unless appealed to the City Council as prescribed in Section 18.66.160 of the Zoning Code. 17.14.070 Distribution and filing. The Planning Director shall either forward the original of the approved short plat to the County Auditor for recording, or shall return the original to the applicant for recording. The Director shall retain one (1) copy of the approved short plat in the files of the Planning Department, and shall forward one (1) copy to the City Engineer. 17.14.080 Conditional approval requirements. Where a short plat is approved subject to conditions, no building permit shall be issued for property subject to the short subdivision prior to the con- ditions either being fulfilled or guarantees provided to ensure the conditions are met. 17. ~14-4 " o~ shall be served by a private street, access easement, tract 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 and a minimum width of twenty (20) feet. 2. Ail private streets, access easements and panhandles shall be capable of meeting the fire access requirements of Chapter 13.16 of this Code, in addition to any other requirements of this Title, including but not limited to: all-weather surface material as approved by City Engineer, where not otherwise required to be paved, and minimum turnaround requirements on dead-end streets or access easements as specified by the Fire Department. 3. A private street, access easement or panhandle providing access to not more than one (1) dwelling unit shall be a minimum of twenty (20) feet in width. A private street, access easement or panhandle serving one or more residential lots capable of supporting more than one (1) 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. 5. A private street, access easement or panhandle serving one or more 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, 6, 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. 7. The maximum number of lots to be served by a private street or access easement shall be four (4). 8. Cul-de-sacs/dead ends shall not be more than 600 feet in length. Dedication of streets. 1. Dedication of a public street or streets may be required, whenever the Planning Director finds that one or more of the following con- ditions applies: a. 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 b. 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 c. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision. 17.14-6 ' '2. Whenever the Director makes such a finding the short plat shall be returned to the applicant ahd a public hearing scheduled on the p~o~ posed street dedication. The hearing shall be conducted by the Hearing Examiner pursuant to Section 18.66.150 of the Zoning Ordinance and the Examiner shall make a recommendation to the City council pur- suant to Section 18.66.170 of the Zoning Ordinance. Subsequent to the Council's decision, the applicant shall prepare a statutory warranty deed, dedicating the street, and together with the deed return the short plat to the Director for final action. G. Fire hydrants. All lots within a short plat shall be capable of being served by a fire hydrant as required by Chapter 13.16 of the Auburn City Code. Property zoned RR, Rural Residential, may be exempt provided the requirements of Section 13.16.030 of the Auburn City Code are met. 17.14.120 Unbuildable lots. Every lot within a short plat shall be capable of being reasonably served Dy public or private sewage disposal,water, and streets. The City will not approve a short plat for which a building permit cannot be issued if the necessary infrastructure is not reasonably provided for. 17.14-7 Chapter 17.16 LOT LINE ADJUSTMENTS Sections: 17.16.010 17.16.020 17.16.030 Scope. Application. Administrative review. 17.16.010 Scope. The boundary lines separating two or more lots of record may be adjusted under the provisions of this Chapter, provided that such adjustment: A. Will not result in the creation of any additional lot, tract, parcel, site or division; 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); C. Will not adversely affect access, easements or drainfields; D. Will be consistent with any applicable health, building or similar regulations; E. Will not increase the nonconforming aspects an existing nonconforming lot. 17.16.020 Application. A. 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 infor- mation: 1. The proposed lot lines for all affected lots, indicated by heavy solid lines; 2. The existing lot lines proposed to be changed, indicated by heavy broken lines; 3.The location of all structures existing upon the affected lots; 4. The location and dimensions of any drainfield, easement or right-of- way existing within or adjacent to any affected lot; 5.The area and dimensions of each lot following the proposed adjustment; 6. The existing and, if applicable, proposed future method of sewage disposal for each affected lot. Where any lot affected by a proposed lot line adjustment is served or is likely to be served in the future by an on-site sewage disposal system, a percolation test for each such lot may be required by the City Engineer when the City Engineer finds that the proposed adjustment could adversely affect the ability of such lot to be adequately served by such on-site system. B. Whenever a lot line adjustment involves a detailed metes and bounds legal description the Planning Director may require the lot line adjustment to be prepared by a licensed land surveyor in order to ensure the accuracy of the new legal descriptions and drawing. 17.16-1 '17.16.030 Administrative review. An application for a lot line adjustme'nt shall be approved, approved w~t~ conditions, returned to the applicant for modifications or denied within fifteen (15) days of its receipt by the Department. The Department shall not be con- sidered to be in receipt of a complete application unless and until such time as the application meets the requirements of Section 17.16.020, as determined by the Director. A. The Planning Director shall forward one copy of the proposed lot line adjustment plan to the Public Works and Fire Department who shall review the plan and submit comments to the Planning Director within ten (10) days of receipt. B. Following receipt of the comments of those consulted under subsections A above, but no later than fifteen (15) days following receipt of a complete application, the Planning Director shall approve or deny the requested lot line adjustment. In making a decision, the Director shall make appropriate findings of fact in writing. Following a decision, the Director shall notify the applicant. The applicant shall then record the lot line adjust- ment with King County within thirty (30) days or the lot line adjustment shall be null and void. C. An aggrieved person may appeal the Director's decision on a lot line adjustment to the Hearing Examiner, in accordance with procedures prescribed in Section 18.70.050 (B) through (E) of the Auburn City Code. The Hearing Examiner's decision shall be final unless appealed to the City Council as prescribed in Section 18.66.160 of the Auburn City Code. 17.16-2 Chapter 17.18 MODIFICATIONS Sec tions: 17.18.010 17.18.020 17.18.030 17.18.040 Formal subdivisions. Short subdivisions. Findings of fact. Conditions. 17.18.010 Formal subdivisions. A. The Hearing examiner may recommend, and the City Council may approve a modification of any standard or specification established or referenced by Chapter 17.12, upon making the findings of fact in Section 17.18.030. B. The request for modification shall be processed simultaneously with the preliminary plat and the applicant shall submit the modification on forms provided by the Planning Department. 17.18.020 Short subdivisions. A. The Hearing Examiner may approve a modification of any standard or specifi- cation established or referenced by Chapter 17.14, except that the require- ment of Section 17.14.100(A) shall not be lessened, upon making the findings of fact in Section 17.18.030. B. The applicant shall submit the modification on forms provided by the Planning Department. The modification shall also be accompanied by a writ- ten agreement agreeing to the extension of time period as provided in Section 17.14.050(A). C. The Hearing Examiner shall conduct a public hearing consistent with Section 18.70.040 of the Zoning Ordinance. The Examiner's decision shall be final subject to appeal to the City Council in a manner as provided in Section 18.66.160 of the Zoning Ordinance. 17.18.030 Findings of fact. A. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject pro- perty, to provide the owner with development rights and privileges per- mitted to other properties in the vicinity and in the zoning district in which the subject property is located; B. That, because of such special circumstances, the development of the pro- perty in strict conformity with the provisions of this Title will not allow a reasonable and harmonious use of the property; C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the pro- perry is located; D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation and utility plans of the City; 17.18-1 E. Literal interpretation of the provisions of this Title would deprive th~, applicant of rights commonly enj6yed bT other properties in the same zdni~g' district; F. The approval of the modification will be consistent with the purpose of this Title; G. The modification cannot lessen the requirements of the Zoning Ordinance. Any such modification must be processed as a variance pursuant to Section 18.70.010 of the Zoning Ordinance. 17.18.040 Conditions. In authorization of a modification, the Hearing Examiner may attach thereto such conditions regarding the location, character and other features of the pro- posed modification as he may deem necessary to carry out the spirit and purpose of this Title and in the public interest. 17.18-2 chapter 17.20 VACATIONS Sections: 17.20.010 17.20.020 17.20.030 17.20.040 Application. Streets, roads, and alleys. Public hearing. Title to vacated property. 17.20.010 Application. A. Whenever a person is interested in the vacation of any subdivision or por- tion thereof, or any area designated or dedicated for public use, that per- son shall file an application for vacation with the City. B. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to ter- minate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. 17.20.020 Streets, roads, and alleys. A. When the vacation application is specifically for a road, street or alley, the procedures for street vacation in Chapter 12.48 of the City Code shall be utilized for the vacation. B. When the application is for the vacation of the plat together with the roads streets, and/or alleys, the procedure for vacation in this Chapter shall be used. 17.20.030 Public hearing. A. The Hearing Examiner shall conduct a public hearing pursuant to Section 17.06.030 on the application for a vacation and may recommend to the Council to approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. The Council shall adopt by ordinance any approval of a vaca- tion pursuant to this Chapter. 17.20.040 Title to vacated property. A. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the City shall be deeded to the City unless the City Council shall set forth fin- dings that the public use would not be served in retaining title to those lands. 17.20-1 B. ' Title 'to the vacated property shall vest with the rightful owner as show~ in the county records. If the v~ca~ed' land is land that was dedicated 'to the public, for public use other than a road or street, and the City Council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the City Council. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. C. If it is necessary to retain an easement through any portion of vacated property, the easements shall be properly executed and recorded concurrent with the ordinance approving the vacation. 17.20-2 Chapter 17.22 ALTERATIONS Sections: 17.22.010 17.22.020 17.22.030 17.22.040 17.22.050 Scope. Application. public hearing. Assessments. Revised plat drawings 17.22.010 Scope. Alterations to an existing subdivision which cannot be processed as sub- divisions, short subdivisions, lot line adjustments or vacations shall be pro- cessed pursuant to the requirements of this Chapter. 17.22.020 Application. A. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, that person shall submit an application to the City. B. The application shall contain signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the appro- val of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the pur- pose of the alteration of the subdivision or portion thereof. C. The application shall also be accompanied by a drawing showing the details of the alteration. 17.22.030 Public hearing. A. The Hearing Examiner shall conduct a public hearing pursuant to Section 17.06.030 on the application for an alteration and may recommend to the Council to approve or deny the application for alteration of the sub- division after determining the public use and interest to be served by the alteration of the subdivision. The Council shall adopt by ordinance any approval of an alteration pursuant to this Chapter. 17.22.040 Assessments. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts or be levied equitably on the lots resulting from the alteration. 17.22-1 1~.~-2.05~ Revised plat drawings. A. If the Council approves an altWra't'ioh the applicant shall provide a revised plat drawing to reflect the alteration. The drawing shall also contain any revised legal descriptions. B. The revised drawing may need to be prepared by a licensed land surveyor if the Council determines the alteration is detailed enough to require complete and accurate drawings. C. The revised drawing shall be signed by the Mayor and it shall be the appli- cant's responsibility to have the revised drawing recorded at King County. 17.22-2 17~22.056~ Revised plat drawings. A. If the Council approves an alter~ti~n~the applicant shall provide a re~i~ed plat drawing to reflect the alteration. The drawing shall also contain any revised legal descriptions. B. The revised drawing may need to be prepared by a licensed land surveyor if the Council determines the alteration is detailed enough to require complete and accurate drawings. C. The revised drawing shall be signed by the Mayor and it shall be the appli- cant's responsibility to have the revised drawing recorded at King County. 17.22-2 Chapt~er,,,1 7~. 24 ~q'DM~TS Sections: 17.24.010 17.24.020 17.24.030 Public hearing and notice. Planning commission review. City council action. 17.24.010 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; B. By sending to any individual or organization which has submitted a 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 C. By publishing in a newspaper of general circulation in the area, 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 may be obtained. 17.24.020 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. 17.24.030 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 Council or 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. 17.24-1