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Aberdeen City Zoning Code

Division III

Site Plans and Land Divisions

17.31 Land Divisions

Each proposed preliminary land division shall be reviewed to ensure that:

A. The proposal conforms to the requirements of this chapter and Chapter 58.17 RCW.

17.32 Boundary Line Adjustments

A. The decision-maker is authorized and granted the discretion to require, as a condition of approval, that the boundary line adjustment record of survey include other relevant parcel boundaries and site features.

B. Approval of the boundary line adjustment is not final until all of the following requirements are met:

17.33 Conditional Uses

A. In order to grant a conditional use permit, the decision-maker shall find that the use would be consistent with the following criteria:

1. The use complies with requirements specified elsewhere in this code.

17.30.010 Purpose.

The purpose of this chapter is to establish how and when proposals are reviewed to ensure that uses and developments are in compliance with land use policies and regulations. This review process is typically initiated when a use is established or development occurs which requires a permit or review process.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.020 Applicability.

A site plan shall be submitted to the department for review when any development or use established falls under any one (1) of the following categories:

A. The construction of any new structure or additions to an existing structure;

B. The construction or expansion of parking lots for more than four (4) spaces;

C. Changes in use that will increase parking requirements, lie within shoreline master program jurisdiction or qualify as an action under the State Environmental Policy Act.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.030 Application requirements.

A. An application shall be submitted to the department on forms provided by the department and include applicable fees and all required information in the application submittal checklist.

B. Site plan review applications are reviewed per Chapter 17.20, Application Procedures.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.040 Review criteria.

A. Conformance with all other applicable laws, ordinances and regulations.

B. Conformance with the applicable zoning provisions of Division IV of this title, including:

1. Chapter 17.41, Allowed Uses.

2. Chapter 17.42, Form and Intensity Standards.

3. The applicable use standards of Chapters 17.43 through 17.48.

C. Conformance with the applicable community design provisions of Division V of this title, including:

1. Chapter 17.51, Public Street Improvements Required.

2. Chapter 17.52, Public Street Design.

3. Chapter 17.53, Private Driveways and Access.

4. Chapter 17.54, Subdivision Design and Block Structure.

D. Conformance with the applicable project design provisions of Division VI of this title, including:

1. Chapter 17.61, Block Frontage Standards.

2. Chapter 17.62, Site Planning.

3. Chapter 17.63, Building Design.

4. Chapter 17.64, Landscaping.

5. Chapter 17.65, Parking.

6. Chapter 17.66, Signage.

7. Chapter 17.67, Fences, Walls and Hedges.

E. Conformance with other applicable environmental provisions in Title 14.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.060 Development compliance with approved site plan.

All development, construction, occupancy or use of any property shall be in compliance with the approved site plan prior to the beginning of a use or occupancy of a structure, except as provided by Section 17.30.080.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.070 Vesting.

Approval of a site plan does not vest the site plan. See Section 17.20.070.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.30.080 Authorizing use or occupancy prior to completion.

A. In the event that weather conditions or other factors beyond the control of the applicant, exclusive of financial hardship, renders it unreasonable to require the applicant to fully comply with the site plan prior to the beginning of a use or occupancy of any building, the department may authorize relaxation of this requirement on the condition that the applicant completes all requirements within a specified time, not to exceed one (1) year. If the requirements are not completed within the required period, the use or occupancy of the property and/or buildings shall cease until all requirements are satisfied.

B. If such a relaxation is granted, the department may require a performance bond in conformance with Section 17.10.160 to assure compliance with the requirements of the approved site plan.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.010 Purpose.

A. To provide criteria, regulations, processes, and standards to govern the division of land within the city.

B. To ensure that public facilities and services necessary to support development are adequate to serve development at the time development occurs.

C. To promote the public health, safety, and general welfare of the city in accordance with standards established by the state subdivision law, as established by RCW 58.17.010.

D. To guide the future growth and development of the city in accordance with the goals and policies of Aberdeen comprehensive plan.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.020 Applicability.

A. This chapter applies to all divisions or redivisions of land applied for after the effective date of the ordinance codified in this chapter, except as listed in subsection (B) of this section. Subdivisions, short subdivisions, binding site plans, unit lot subdivisions, plat alterations, and plat vacations are all considered divisions or redivisions of land for purposes of this chapter.

B. This chapter does not apply to:

1. Divisions of land into lots or tracts each of which is five (5) acres or larger if the land is not capable of description as a fraction of a section of land, including the area bordering on a street or road which would be bounded by the centerline of the street or road and the side lot lines of the lot running perpendicular to such center line.

2. Divisions made by testamentary provisions, or the laws of descent.

3. Divisions made in connection with acquisition of land by the city, including divisions made by deed for road widening purposes; provided, that such land may be accepted on behalf of the city by action of city council.

4. Adjustments of boundary lines in accordance with Chapter 17.32, Boundary Line Adjustments.

5. Divisions of land into lots or tracts less than three (3) acres that are recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities per RCW 58.17.040(9).

6. Divisions of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

7. Divisions of land for the purpose of dedicating to the public such tracts of lands for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sanitary wastes and other general purposes that may be required to protect the public health, safety and welfare.

8. Condominiums, pursuant to RCW 58.17.040(7).

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.030 Preliminary land division approval—Application requirements.

A. Preliminary Approval. All land division applications shall be submitted in conformance with this chapter and contain the following:

1. Application. A completed application form and application fees.

2. Title Report. A title report issued within thirty (30) days of application, showing all persons having ownership interest, a legal description describing exterior boundary of the land to be subdivided and listing all encumbrances affecting the land.

3. SEPA. A completed and signed environmental (SEPA) checklist if the division of land is not exempt under WAC 197-11-800 and Chapter 14.04, Environmental Policy—General Requirements.

4. Grading. A grading plan in accordance with Chapter 14.50 and showing proposed cuts and fills for public improvements and private development, including transitions between the subject and adjacent properties.

5. Stormwater.

a. A preliminary stormwater management plan including runoff calculations, documentation that the minimum technical requirements of the Stormwater Management Manual for Western Washington, as adopted by the city, have been met, upstream and downstream analysis, a maintenance plan for any new stormwater facilities and existing and proposed drainage facilities for the site and adjacent areas as specified by the engineer, and feasibility analysis of using LID facilities, all consistent with Chapter 14.14, Stormwater Quality.

b. The results of a (wet and dry season) soil analysis of the project site to determine the feasibility of on-site stormwater infiltration.

6. Supplemental Studies and Reports. Any related information and/or studies identified in the preapplication conference meeting, or deemed necessary by the director, including but not limited to a traffic study, geotechnical report, critical areas report and mitigation plan, and landscape plans.

7. Preliminary Plans. A set of full-size plans containing the following information (multiple sheets may be used in order to provide clarity):

a. The name of the proposed project, if any.

b. The name, address, seal and signature of the land surveyor who prepared the preliminary plat map.

c. The date the preliminary plat map was prepared or revised, the scale, north arrow, and quarter section, section, township and range.

d. Full and correct legal description of lands being subdivided.

e. A vicinity sketch clearly showing the location of the property.

f. Accurate lines to scale showing the parcel to be subdivided, the block lines, and the lot lines.

g. Dimensions and numbers or description for each lot and tract.

h. Total acreage and square feet of land to be divided and the land area by acreage and square feet of each of the proposed lots.

i. Density calculations indicating maximum and minimum density requirements, if applicable, for the proposal.

j. Existing zoning and zoning boundaries on the site and immediately adjacent property.

k. Municipal boundaries, township lines, and section lines.

l. Setback lines for all proposed lots having unusual shape, steep topography, critical areas, wetlands or other environmental or unusual limitations on its building site.

m. Location, width, and names of all existing and proposed streets or other public ways within or adjacent to the proposed subdivision. Road profiles may be required.

n. Location of existing and proposed improvements such as stormwater facilities, sidewalks, utilities, power poles, etc., within the boundaries of the lands being subdivided and adjacent lots and right-of-way.

o. Location of existing and proposed easements or tracts to be dedicated for any public purpose or for the common use of the property owners of the lands being divided.

p. Location of existing structures, septic tanks, drain fields, wells and other improvements located on the site and within fifty (50) feet of the development; and whether such structures are proposed to remain on the property.

q. Shorelines and critical areas as defined in Chapter 14.100, Critical Area Protection, and Chapter 14.50, Shoreline Master Program.

r. A current topographic survey. Contour lines in areas to be developed shall be at two (2) foot intervals, or as specified by the city engineer. Five (5) foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent properties at least three hundred (300) feet to show the topographical relationship of adjacent property to the proposed development.

s. A legend identifying all existing and proposed boundary lines, buffers, drainage facilities and utilities, roadway sections, erosion control facilities, grading and critical areas, landscape features, and other required items specified above.

t. A stormwater site plan prepared pursuant to SWMMWW Vol. 1 Technical Requirements December 2014 Chapter 3—Preparation of Stormwater Site Plans, or comparable requirements in a later SWMMWW as amended by the Washington Department of Ecology.

8. Reduced-Size Plans. A reduced-size vicinity map and site plan showing proposed lot layout (suitable for public notice purposes).

9. Detailed Requirements. The director is authorized to provide more detailed requirements for each of the items required for submittal of a complete preliminary plat or final plat application, including size, scale, number of copies, and content.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.040 Preliminary land division approval—Criteria for decision.

Each proposed preliminary land division shall be reviewed to ensure that:

A. The proposal conforms to the requirements of this chapter and Chapter 58.17 RCW.

B. The proposal conforms to the form and intensity standards in Chapter 17.42, Form and Intensity Standards, for the zone in which the property is located. Proposals using the unit lot subdivision process shall conform to the applicable use standards for the proposed use type in Chapters 17.43 through 17.48.

C. The proposal conforms to the community design standards in Division V of this title, including:

1. Chapter 17.51, Public Street Improvements Required.

2. Chapter 17.52, Public Street Design.

3. Chapter 17.53, Private Driveways and Access.

4. Chapter 17.54, Subdivision Design and Block Structure.

D. The proposal conforms to the standards of:

1. Chapter 14.14, Stormwater Quality, including stormwater infiltration when feasible.

2. Chapter 14.100, Critical Area Protection.

E. The proposed land division:

1. Makes adequate provision for parks, recreation, and playgrounds.

2. Makes adequate provision for schools and school grounds.

3. Makes adequate provisions for sidewalks and other planning features that meet the requirements of this title and that provide safe walking conditions for students who walk to and from school.

4. Serves the public interest and makes appropriate provisions for the public health, safety, and welfare.

F. Lack of compliance with the criteria in subsections (A) through (E) of this section will be grounds for denial of a proposed land division or for the issuance of conditions necessary to more fully satisfy the criteria.

G. Phasing. Where a land division is to be developed in phases with a final plat approved and recorded separately for each phase, the following applies:

1. The applicant shall request approval of phasing in the preliminary land division application.

2. Each separate phase is required to meet the requirements of the criteria above and all other applicable city codes when considered independently from any other phase.

3. Where an applicant requests phasing after preliminary land division approval has been granted, phasing may be approved only through modification of the preliminary subdivision approval using the preliminary land division approval procedures in Section 17.20.030.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.050 Procedures for review—Specific land division types.

A. Preliminary Short Subdivision Procedures.

1. Approval Process. Short subdivisions follow the procedures established in Section 17.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the engineering and planning divisions. All such facilities and improvements shall be completed or have a performance assurance guarantee posted to ensure completion as provided in Section 17.51.070, prior to recording of the short subdivision. All development of a short subdivision shall be subject to any conditions imposed by the city on the short subdivision approval.

3. Revision and Expiration. Short subdivisions follow the revision and expiration procedures established in Chapter 17.21, Permit Revision and Expiration.

4. Recording. All short subdivisions shall be recorded in compliance with the following:

a. Prior to recording, the applicant shall submit the final short plat map to the city for signatures per Sections 17.31.050(C) and 17.31.060.

b. Recording Required. No short subdivision may be recorded unless approved as provided in this chapter. A copy of an approved short subdivision shall be filed for record with the Grays Harbor County Auditor, and one (1) reproducible copy shall be furnished to the city.

5. Restriction on Further Division. Land within an approved and recorded short subdivision may not be further subdivided within a period of five (5) years from the date of final approval if such further division would result in more than nine (9) lots within the original short subdivision boundaries. Any division that would result in more than nine (9) lots within the original short subdivision within the five (5) year period may be accomplished only by following the process for preliminary and final long subdivision approval in this section.

B. Preliminary Long Subdivision Procedures.

1. Approval Process. Preliminary long subdivisions follow the procedures established in Section 17.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the engineering and planning divisions. All such facilities and improvements shall be completed or have a performance assurance posted to ensure completion as provided in Section 17.51.070, prior to recording of the long subdivision. All development shall be subject to any conditions imposed by the city on the preliminary long subdivision approval.

3. Revisions and Expiration. Long subdivisions follow the revision and expiration procedures established in Chapter 17.21, Permit Revision and Expiration.

C. Final Subdivision Procedures.

1. Final plats shall be submitted in accordance with Sections 17.31.060 through 17.31.070.

2. Review. The final plat shall be reviewed to ensure that the following have been completed:

a. The proposed final plat meets all standards established by state law and this section relating to the final plat’s drawings and subdivision improvements.

b. The proposed final plat bears the certificates and statements of approval required by this section.

c. A current title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final plat.

d. The legal description of the plat boundary on the current title insurance report agrees with the legal description on the final plat.

e. The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided a surety in an amount commensurate with improvements remaining to be completed per Section 17.51.070.

f. The surveyor has certified that all survey monument lot corners are in place and visible.

g. The final plat contains a dedication to the public of all common improvements, including but not limited to streets, roads, sewage disposal systems, storm drainage systems, and water supply systems which were a condition of approval. The intention to dedicate shall be evidenced by the owner’s presentment of a final plat showing the dedication, and the acceptance by the city shall be evidenced by the approval of the final plat.

3. Review of Final Long Subdivisions. The city council shall review the final plat at a public meeting, according to the review criteria for final plats in Section 17.31.070. No public hearing is required. If the city council approves the final plat, the mayor is authorized to inscribe and execute the written approval on the face of the plat map. If the city council denies the final plat, the final plat will be returned to the applicant with reasons for denial and conditions for compliance.

4. Review of Final Short Subdivisions. The director shall review the final short plat according to the criteria for final plats set forth in Section 17.31.070.

5. Recording. All final plats shall be recorded in compliance with the following:

a. Fees and Performance Assurance. Prior to recording, the applicant shall submit the original final plat drawings together with all applicable fees. Unless all required improvements have been constructed prior to final plat approval, the applicant shall also submit all required performance assurances to guarantee completion of the improvements as required by Section 17.51.070.

b. Recording Required. No final plat may be recorded unless approved as provided in this section. The original of an approved final plat shall be filed for record with the Grays Harbor County Auditor.

c. Time Limit. All final plats shall be recorded within sixty (60) days after final approval is granted by the city. Approval shall expire if the final plat is not recorded within this period.

D. Unit Lot Subdivisions.

1. Approval Process. Unit lot subdivisions follow the procedures established in Section 17.20.030 for short subdivision or long subdivision, according to the number of unit lots proposed. Final unit lot subdivisions of ten (10) or more lots follow the procedures for final long subdivision in subsection (C) of this section.

2. Compliance with Prior Approvals. Sites developed or proposed to be developed with duplexes, triplexes, cottages and townhouses per the standards in Section 17.43.010 may be subdivided into individual unit lots as provided herein. The development as a whole shall conform to the regulations applicable to the site and zone and to applicable plans that were granted approval through provisions of this code.

3. Development on individual unit lots is not required to conform with all development standards that typically apply to individual lots as long as the parent lot conforms to all such development standards.

4. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.

5. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association shall be executed for use and maintenance of common garage, parking and vehicle access areas; underground utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the Grays Harbor County Auditor.

6. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the Grays Harbor County Auditor.

7. Notes shall be placed on the face of the plat or short plat as recorded with the Grays Harbor County Auditor to acknowledge the following:

a. Approval of the design of the unit on each of the lots was granted by the review of the development, as a whole, on the parent lot per the standards of Chapter 17.43, Residential Uses.

b. Development, redevelopment, or rehabilitation of structures on each unit lot is subject to review and approval of plans that are consistent with the design of the surrounding structures on the parent lot as approved by the city through subject file number as stated in subsection (D)(7)(a) of this section.

8. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the engineering and planning divisions. All development shall be subject to any conditions imposed by the city on the preliminary approval.

9. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures established in Chapter 17.21, Permit Revision and Expiration.

E. Binding Site Plans.

1. Division of land using the binding site plan process is limited to:

a. Divisions for sale or lease of property in mixed-use or industrial zones.

b. Divisions for the purpose of lease when no residential structures other than manufactured homes or travel trailers are permitted to be placed on the land.

c. Divisions of land into lots or tracts made under the provisions of the Horizontal Properties Regimes Act (Chapter 64.32 RCW) or the Condominium Act (Chapter 64.34 RCW).

2. Approval Process. Binding site plans follow the procedures established in Section 17.20.030.

3. Post-Approval Requirements. The following requirements apply to proposals submitted under this section:

a. All provisions, conditions, and requirements of the binding site plan are legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract, or parcel that does not conform to the requirements of the binding site plan approval will be considered a violation of this chapter.

b. All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.

c. Revision and Expiration. Binding site plans shall follow the revision and expiration procedures established in Chapter 17.21, Permit Revision and Expiration.

d. Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a subdivision approved by the city.

4. Recording. All final plats shall be recorded in compliance with the following:

a. Fees and Performance Assurance. Prior to recording, the applicant shall submit the original final plat drawings together with all applicable fees. Unless all required improvements have been constructed prior to final plat approval, the applicant shall also submit all required performance assurances to guarantee completion of the improvements as required by Section 17.51.070.

b. Recording Required. No final plat may be recorded unless approved as provided in this section. The original of an approved final plat shall be filed for record with the Grays Harbor County Auditor.

c. Time Limit. All final plats shall be recorded within sixty (60) days after final approval is granted by the city. Approval shall expire if the final plat is not recorded within this period.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.060 Final plat application requirements.

A. Applications for final plat approval will be accepted only when all of the following conditions have been satisfied:

1. All plans, specifications, as-built drawings, and documents relating to required public improvements have been approved and accepted by the city engineer and community development director.

2. All deeds, conveyances, covenants, dedications, indemnities, restrictions, and agreements have been approved by the city attorney.

3. All fees are paid and accepted, all voluntary contributions are accepted and approved, and all security devices are approved and effective.

4. All improvements and other conditions required by the preliminary plat approval have been installed and approved, or have been bonded in accordance with this title.

5. All sewage disposal, water supply, stormwater and other utility systems are functioning properly and are determined to be adequate.

6. All required certifications by the owner, financial institutions, and surveyor are signed.

7. A title report, completed within thirty (30) days preceding submittal of a complete final plat, is provided showing ownership and all other interests in the land described and shown on the final plat are in the name of the person signing the owner’s certificate.

8. A completed storm and surface water drainage plan as required per Chapter 13.70 for all stormwater elements of the plat.

B. Final plat maps shall be prepared in accordance with the following:

1. A land surveyor registered in the state of Washington shall prepare or supervise the preparation of the final plat, pursuant to RCW 58.04.003, and shall certify and sign the map.

2. A land surveyor registered in the state of Washington shall survey the land to be divided, and as much of the sections in which the land is located as is needed to properly orient the land within the sections. The survey shall comply with applicable state and city standards.

C. The following information shall be included on all final plat maps:

1. The full and complete legal description of all land included in the plat.

2. The name of the plat.

3. Locations and names, without abbreviation, of all streets, public areas, and easements within and adjoining the plat.

4. True north point on each sheet which depicts property included in the plat.

5. The scale, uniform and of sufficient size for good legibility, on each sheet which depicts property included in the plat.

6. The length and bearings of all straight lines, radii, arcs and semi-tangents of all curves.

7. Centerline data on streets and easements, including bearings and distances.

8. All dimensions along the lines of each lot and tract, in feet and decimals of a foot to the nearest hundredth, with the true bearings and any other data necessary for the location of any boundary line in the field.

9. Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which lots and tracts are subject.

10. Easements for storm drains, sewers, utilities and all other purposes shall be denoted by broken lines.

11. The maximum impervious surface allowed for each lot as determined by the calculations in the stormwater report for the subdivision.

12. Provisions approved by the city attorney, ensuring access to storm drainage facilities and public access to trails or sidewalks if required as a condition of preliminary plat approval.

13. Contiguous plats, by name or if unplatted, so noted.

14. City and county boundaries crossing or adjoining the subdivision.

15. All lots shall be numbered in sequence and provided with an address as provided by the city’s building official.

16. Each lot shall be shown entirely on one (1) sheet.

17. All points which were used as ties to establish the boundaries of the tract.

18. The location, size and shape of all permanent control monuments found and established at the controlling corners on the perimeter and within the plat and all monuments or other evidence used as ties to establish the plat boundaries.

19. Accurate boundaries of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners within the subdivision. All dedications and reservations shall be stated on the plat together with appropriate recording references as required by the director.

20. All required dedications, endorsements, covenants, affidavits, and certificates shall be stated and shown on the face of the plat.

21. The section, township and range.

22. Conditions of approval of the preliminary plat including but not limited to dedications, reservations, open space tracts, critical areas and buffers, LID features, stormwater requirements and homeowners’ association obligations.

23. Homeowners’ association documents, condominium declarations, and other similar documents required or permitted by the preliminary plat.

24. Names and addresses of subdivider(s) and surveyor(s) on each sheet.

25. The number of the sheet and total number of sheets on each sheet.

26. Other information the director deems necessary.

D. Certificates. The following certificates shall be shown on the final plat map. Certifications by the owner, financial institutions and surveyor shall be signed before the final plat is submitted for city signatures.

1. Surveyor. The surveyor’s seal and signature on the plat along with a statement certifying that:

a. The plat was prepared by the surveyor or under their supervision.

b. The plat is a true and correct representation of the land and has been thoroughly surveyed as required by this chapter.

c. The legal description is a full and correct description of the land to be divided.

d. Monumentation and lot corner stakes as required by the city engineer and this chapter have been or will be set.

2. Owner. The owner of any interest in and the holder of any lien or encumbrance upon the land proposed for subdivision shall certify that the proposed final plat is submitted with their consent and there is no objection thereto.

3. Dedications. A statement and certificate of dedication by the owner, acknowledged by a notary, and acceptable to the city attorney, for all areas to be dedicated to or for the benefit of the public.

4. Owner’s Covenant. The owner shall grant to the city a covenant acceptable to the city and releasing, indemnifying and holding the city harmless from any and all claims for damages, liabilities, or injunctive relief of whatever nature arising from the design, construction, operation and maintenance of the plat and all associated improvements.

5. Waiver of Access. If required by the conditions of preliminary plat approval, a waiver by the owner of direct access to any street from any property.

6. Roads Not Dedicated. A statement by the owner and clear visual indication on the plat of every street, way, road, sidewalk or the similar facility that is not dedicated to the public, and specifying the maintenance and inspection responsibility therefor.

7. City Engineer. A statement to be signed by the city engineer accepting the survey data, dedications and reservations, the layout of streets and other rights-of-way, design of bridges, sewage and water system, all other utilities, and all other public improvements.

8. Director. A statement to be signed by the director that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval.

9. County Treasurer. A statement to be signed by the county treasurer that all taxes and assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid in full.

10. City Treasurer. A statement to be signed by the city treasurer that all assessments, fees and contributions have been paid in full or secured in accordance with this title.

11. Council Approval. For long subdivision final plats only, a statement that the city council has approved the final plat, to be signed by the mayor and city clerk following final action of the city council.

E. The surveyor shall set monuments at street intersections, lot and block corners, boundary angle points, points in curves in streets, points of tangents in streets, points of intersection in streets, controlling corners on the boundaries of land and at other points as required by the city engineer. The type of monument and method of setting will be specified by the city engineer.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.070 Review criteria for approval of final subdivisions.

No final subdivision may be approved unless the final subdivision:

A. Substantially conforms to all terms, conditions, and provisions of preliminary approval.

B. Contains a dedication to the public of all common improvements including but not limited to streets, roads, sewage disposal systems, storm drainage systems, and water supply systems which were a condition of approval. The intention to dedicate is evidenced by the owner’s presentment of final plat showing the dedication, and the acceptance by the city is evidenced by the approval of the final plat.

C. Meets the requirements of this chapter, applicable state laws, and all other local ordinances adopted by the city which were in effect at the time a complete application for the preliminary plat approval was filed.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.080 Subdivision alteration and vacation.

Requests for subdivision alterations or subdivision vacations are reviewed and processed according to the procedures and criteria outlined in RCW 58.17.212 through 58.17.218.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.090 Violations—Penalty.

A. Any violation of any provision of this chapter constitutes a civil violation under Title 1 for which a monetary penalty may be assessed and abatement may be required as provided therein.

B. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor may the city or any agent thereof be held as assuming such liability by reason of preliminary or final approval or by issuance of any permits or certificates authorized herein.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.31.100 Cluster subdivisions.

A. Cluster Subdivisions. The division of land into five or more lots, tracts, parcels or sites for the purpose of sale, lease or transfer, which includes the process of crediting areas in common or public ownership to the individual lot in determining compliance with the minimum lot area requirements of the zone in which the subdivision is to be located.

B. Purpose. In any single-family residential zone, a developer may create lots that are smaller than those required under the minimum lot size of individual zoning districts if such developer complies with the provisions of this chapter. The intent is to authorize the developer to decrease lot sizes with the land “saved” being utilized as usable open space, thereby lowering development costs and increasing the amenity of the project without increasing the density beyond what would be permissible if the land were subdivided into the size lots required under each zoning district.

C. Authorization. Cluster subdivisions are special uses as authorized within individual zoning districts and are supplemental to the formal subdivision requirements of Chapter 58.17 RCW and city ordinances.

D. Open Space Requirements. To compensate for the decrease in lot size, the development shall set aside common open space. The amount of usable open space that must be provided shall be determined by:

1. Subtracting the required square footage requirement set forth in the underlying zoning district from the amount of each lot that is smaller than required; and then, adding together the results obtained for each lot.

2. Maintenance of common open space shall be assured by covenants or other permanent legal mechanisms acceptable to the city attorney. Such covenants shall determine maintenance responsibilities and a financial plan for their payment.

E. Allowed Uses.

1. Permitted Uses. Those uses listed as permitted uses in the underlying district.

2. Conditional Uses. Those uses listed as conditional uses in the underlying district provided a conditional use permit is obtained per Chapter 17.33.

F. Authority to Modify Zoning District Development Standards.

1. The following development standards of the underlying zoning district(s) may be modified or eliminated in a cluster subdivision: minimum lot width; the front, rear and side yard setbacks; and building height.

2. The minimum lot size in a cluster subdivision may be reduced to no less than fifty (50) percent of minimum lot size required in the underlying zoning district.

G. Information Provided on Plats for Cluster Subdivisions. Subdivisions utilizing the cluster approach shall include the following data on the face of the subdivision plat:

1. Outlines of all building envelopes.

2. Number of buildings on each lot.

3. Size and dimensions of all proposed lots.

4. Building setback lines.

5. Open space areas.

H. Compliance With Approved Final Plat. Any development or land division which fails to conform to the final plat as approved constitutes a violation of this chapter.

I. Review Process for Cluster Subdivisions. Cluster subdivisions follow the same review process as regular subdivisions as set forth in Chapter 17.20.

J. Review Criteria for Cluster Subdivisions. Proposals for cluster subdivisions shall be reviewed on the following criteria:

1. That the requirements under Chapter 58.17 RCW and other city ordinances have been satisfied.

2. That the development is consistent with the policies of the comprehensive development plan.

3. The compatibility of the development and its uses with the surrounding vicinity.

The hearing examiner may require amendments, deletions or modifications to the proposed cluster subdivision as necessary to ensure the review criteria are met.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.32.010 Purpose.

The purpose of this chapter is to establish criteria for the review and approval of boundary line adjustments.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.32.020 Application requirements.

A. An application shall be submitted to the department on forms provided by the department and include applicable fees, record of survey, and all required information in the application submittal checklist.

B. Boundary line adjustments are reviewed per Chapter 17.20, Application Procedures.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.32.030 Review criteria.

A. A boundary line adjustment may be used to:

1. Resolve boundary line issues, such as encroachments, between two (2) lots.

2. To consolidate two (2) or more lots.

3. Other minor adjustments to boundary lines that meet the requirements and purpose of this chapter.

B. In order to approve a boundary line adjustment, the decision-maker shall find that the boundary line adjustment will not:

1. Create any additional lot.

2. Result in the entire relocation of lots from one area to another.

3. Result in avoiding public improvement requirements that would be associated with a replat or other new land division approval, or an obligation to pay latecomer fees.

4. Require the creation of new streets or private roads, or require dedication of public right-of-way, or creation of access easements.

5. Diminish or impair existing or future drainage, water supply, or sanitary sewage disposal.

6. Result in a lot that contains insufficient area and dimensions to meet the minimum lot size for the applicable zone.

7. Amend or act contrary to the conditions of approval for property that is part of an existing plat or short subdivision.

8. Result in a lot without adequate vehicular access, including access for emergency response vehicles.

9. Result in a lot having more than one (1) zoning or land use designation.

10. Result in a lot that extends beyond the city limits.

C. A proposed boundary line adjustment that does not meet all the criteria of this section is processed under the appropriate land division requirements (Chapter 17.31, Land Divisions).

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.32.040 Final approval and recording.

A. The decision-maker is authorized and granted the discretion to require, as a condition of approval, that the boundary line adjustment record of survey include other relevant parcel boundaries and site features.

B. Approval of the boundary line adjustment is not final until all of the following requirements are met:

1. There is compliance with the requirements of this chapter.

2. Each adjusted lot shall have a unique identifier on the record of survey that has not been previously used or associated, in any way, with the adjusted parcels.

3. The county treasurer has certified that all taxes on the land have been fully paid and discharged consistent with applicable requirements.

4. The record of survey is prepared by a Washington State licensed land surveyor in accordance with Chapter 332-130 WAC and Chapter 58.09 RCW.

5. A final record of survey has been approved by the city engineer and the director and filed for record by the applicant with the Grays Harbor County Auditor.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.33.010 Purpose.

Some uses in some zones are permitted subject to a conditional use permit because of their unusual characteristics, or special characteristics of the area in which they are to be located, so that they may be properly located with respect to the objectives of this title and their effect on surrounding properties.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.33.020 Applicability.

The provisions of this chapter apply to all conditional uses.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.33.030 Application requirements.

A conditional use requires a permit. An application shall be submitted with forms provided by the department and shall demonstrate compliance with the conditional use criteria described in this chapter.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.33.040 Criteria.

A. In order to grant a conditional use permit, the decision-maker shall find that the use would be consistent with the following criteria:

1. The use complies with requirements specified elsewhere in this code.

2. The proposed use is in accordance with the comprehensive plan.

3. Access to the site is appropriate considering the anticipated volume of traffic resulting from the use.

4. Off-street parking and loading facilities are adequate in terms of location, amount, and design to service the use.

5. The amount and location of open space and the provision of screening is such that buffering of incompatible uses is achieved.

6. The location and intensity of outdoor lighting does not cast light on adjacent, adjoining, or neighboring properties.

7. Hours and manner of operation of the proposed use, including anticipated noise generation, do not conflict with adjacent or nearby uses.

8. Public facilities and utilities are capable of adequately serving the proposed use.

9. The physical conditions of the site, including size, shape, topography, and drainage, are suitable for the proposed development.

10. Any other factors deemed relevant by the decision-maker.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.33.050 Conditions authorized.

A. In addition to regulations and standards expressly stated in this code, the decision-maker may impose other conditions necessary to ensure compatibility with the conditional use criteria.

B. These conditions may include, but are not limited to:

1. Requirements increasing the required lot size or yard dimensions.

2. Increasing street widths, controlling the location and number of vehicular access points to the property.

3. Increasing the number of off-street parking or loading spaces required.

4. Limiting the coverage or height of buildings or structures or requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area.

5. Requirements related to any future enlargement or alteration of the use shall be reviewed by the city and new conditions imposed.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.34.010 Applicability.

A. Generally, variances are allowed to grant relief from dimensional or numeric standards, including:

1. Building size or height.

2. Landscaping.

3. Lot coverage.

4. Minimum density or maximum lot size.

5. Parking.

6. Setbacks.

B. Variances are not allowed for any of the following:

1. Allowable, conditionally permitted, or prohibited uses in each zone.

2. Maximum density or minimum lot size.

3. Procedural or administrative provision of this title.

4. Any provision of this code which, by the express terms of that provision, is not subject to a variance.

5. Any conditions of approval established during permit review.

6. The provisions of Chapter 14.100, Critical Areas Protection.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)

17.34.020 Criteria.

A. The city may approve or approve with modifications an application for a variance if the applicant demonstrates that all of the following criteria are met:

1. The variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and zone of the site.

2. The variance is necessary because of the unique size, shape, topography, or location of the site.

3. The site is deprived, by the provisions of this code, of rights and privileges enjoyed by other properties in the vicinity and same zone as the site.

4. The variance is the minimum necessary to provide the site with those rights and privileges.

5. The need for the variance is not the result of deliberate actions of the applicant or property owner.

6. Granting of the variance will not be materially injurious to the property or improvements in the vicinity and zone in which the site is located.

7. The variance is consistent with the intent and purpose of the provision being varied.

B. Conditions for Granting. In authorizing the variance, the decision-maker may attach any conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest.

C. Transfer of Ownership. A variance runs with the land. Compliance with the conditions of a variance is the responsibility of the current owner of the property, whether the applicant or a successor.

(Ord. 6715 §§ 1, 2 (Exh. A), Repealed & Replaced, 11/13/2024)