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Coupeville City Zoning Code

CHAPTER 16

16 - SUBDIVISIONS

16.16.010 - Purpose.

The purpose of this chapter includes but is not limited to regulating the subdivision of land and furthering the public health, safety and general welfare by:

A.

Providing for the subdivision and dedication of land;

B.

Providing for safe and adequate access;

C.

Providing for safe and adequate streets, walkways, utilities, parks and recreation facilities, schools and other public facilities;

D.

Providing for adequate levels of light, air and open space;

E.

Implementing the goals of the comprehensive plan;

F.

Requiring uniform monumentation and description of subdivided land and recording of accurate legal descriptions for said land;

G.

Preventing overcrowding of land;

H.

Providing for expeditious review and approval of proposed land divisions which comply with this chapter, the comprehensive plan and Chapter 58.17 RCW.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.010, 1996)

16.16.020 - Applicability and exemptions.

A.

All subdivision, short subdivision or resubdivision of land within the town limits of Coupeville is subject to this chapter, regardless of size of proposed lots.

B.

Exemptions include cemeteries and other burial plots while used for that purpose, divisions made by testamentary provision, the laws of descent or court order, adjustment of boundary lines between platted or unplatted lots or both, which does not create any additional lot or significantly modify drainage, circulation or land use patterns. No exemption, except for cemetery plots or lots dedicated to open space, park, recreational, utility or other similar public uses, shall create a parcel of real property smaller than the size allowed by the ordinances of the Town.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.020, 1996)

16.16.030 - Administration.

The town planner is responsible for the administrative and coordination responsibilities contained in this chapter.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.030, 1996)

16.16.040 - Consent to access.

By applying for subdivision or short subdivision approval, the property owner consents to allow, during the duration of the entire application process, access to the land proposed for subdivision. This right to access applies to all governmental agencies and their consultants and contractors considering the proposal, for the purposes of processing and reviewing the application.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. 10.40.040, 1996)

16.16.050 - Plat alterations and replats.

A.

Replats of recorded plats or short plats shall meet the requirements of this chapter.

B.

Modifications to plats or short plats which create additional lots or significantly modify drainage, circulation, land use patterns or the original layout or function of the plat or short plat shall meet the requirements of this chapter and shall be reviewed as provided herein.

C.

Land contained within a short subdivision may not be further divided by short subdivision for a period of five years from date of final approval if the original short subdivision and subsequent short subdivision together create more than four lots.

D.

An applicant may apply for preliminary subdivision approval at any time, regardless of prior short subdivision activity.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.050, 1996)

16.16.060 - Preliminary approval of subdivisions and short subdivisions.

A.

Decision Criteria and Required Findings. Decision making authority for approving, approving with conditions or denying preliminary subdivisions is vested in the town council following review and recommendation by the planning commission. Decision making authority for approving, approving with conditions or denying preliminary short subdivisions is vested in the town planner. The town planner's decision on a short subdivision shall be transmitted to the council at the meeting following the decision, for council information only and visibility to the general public.

1.

The following decision criteria shall be used to determine whether or not the preliminary subdivision or preliminary short subdivision should be approved:

a.

The proposal is consistent with the subdivision design standards listed in Section 16.16.070 of this chapter;

b.

The public use and interest will be served by the subdivision;

c.

Adequate potable water supplies and sewage collection and treatment facilities exist to serve the proposed subdivision;

d.

The proposal is in conformity with any applicable federal, state and local laws, ordinances, and adopted plans;

e.

Appropriate provisions are made for, but not limited to, the public health, safety and general welfare for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and safe walking conditions for school children who walk to and from school.

2.

An application for preliminary subdivision or short subdivision approval is not approved until the designated reviewing authority makes written findings that the proposal meets the criteria listed Section 16.16.060 (A) (1).

B.

Effect of Preliminary Approval, Extensions.

1.

Preliminary subdivision approval shall automatically expire five years from the date of preliminary approval unless the applicant has recorded a final plat or made a timely application for extension of approval.

2.

Preliminary short subdivision approval shall automatically expire eighteen (18) months from the date of approval unless the applicant has recorded a final short plat or made a timely application for extension of approval.

3.

The council may grant one extension of up to one year for preliminary subdivision approval and the town planner may grant one extension of up to six months for preliminary short subdivision approvals.

4.

Applications for extension must be made in writing at least thirty (30) days before the date of expiration of preliminary approval.

a.

For preliminary subdivisions, the council shall consider applications for extension at a public meeting and may grant an extension by making written findings that there has been no significant change in the application, that the findings and conditions of the approval are still appropriate and adequately protect the public interest, and that there has been a good faith effort to complete the project.

b.

For preliminary short subdivisions, the town planner shall consider applications for extensions administratively and may grant an extension by making written findings that there has been no significant change in the application, that the findings and conditions of the approval are still appropriate and adequately protect the public interest, and that there has been a good faith effort to complete the project.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.060, 1996)

16.16.070 - Subdivision design standards.

All subdivision and short subdivisions shall comply with the provisions of RCW 58.17.110 and the following standards for design, except as noted elsewhere in this chapter. These standards shall be incorporated into all applications for preliminary subdivision and short subdivision approval and shall be used to judge applications.

A.

Town Plans and Development Regulations. Proposed subdivisions and short subdivisions shall be in accordance with the Coupeville development regulations and adopted plans of the Town, including but not limited to the comprehensive plan, shoreline master program, comprehensive plan of Ebey's Landing NHR, and the South Main Street study.

B.

Community Assets. The design of proposed subdivisions and short subdivisions shall incorporate, where possible, existing site features including, but not limited to, drainage ways, shorelines and vegetation, existing structures and historical sites and their surroundings, as defined in Section 16.12.080 of this title.

C.

Lot Shape, Size and Building Site.

1.

It is preferred that each lot of a proposed subdivision or short subdivision be generally rectangular in shape. Flag lots (lots connecting to the public right-of-way by means of an access easement or narrow strip of land) and other nonrectangular shaped lots are discouraged, but may be allowed when warranted by unique site conditions. A private driveway or access easement shall not provide access to more than one flag lot.

2.

Lot sizes shall not be less than the minimum size required in the zoning district unless dedicated or restricted by covenant or dedication for open space, park, recreational, utility or other public use.

3.

Each lot, unless dedicated or restricted by covenant or condition for open space, park, recreational, utility or other similar use, shall meet the minimum usable area requirements of the Coupeville development regulations and be served by utilities and vehicular access with a minimum reasonable amount of grading or site disturbance.

4.

Lot Size Averaging. An applicant for a subdivision or short subdivision may elect to use lot size averaging to reduce the square footage of individual lots in exchange for the dedication or set aside of open space within the plat. This option should be considered in cases where the clustering of individual lots will protect valuable open space or natural features. If this option is chosen, the following guidelines shall apply:

a.

To calculate the number of lots possible on a given parcel or parcels of land, use the following formula: total square footage of useable area multiplied by 0.80 divided by minimum lot size in the applicable zoning district.

b.

No single building lot shall be less than seven thousand two hundred (7,200) square feet in the RM-9600 zoning district, nor less than nine thousand six hundred (9,600) square feet in the LDR zoning district, nor less than fourteen thousand five hundred (14,500) square feet in the RR zoning district. Lot size averaging is not permitted in other zoning districts.

c.

All lands set aside or dedicated as open space as part of lot size averaging shall be considered non-developable and shall be proportionately owned by the lot owners in the subdivision. Some passive use of these lands for recreational purposes may be permitted as part of preliminary plat approval.

D.

Hazard Areas. Where subdivision and subsequent development of land may pose a hazard to the subdivision or other property or nearby resources because of steep slopes, unstable soils or changes in quantity or quality of stormwater runoff, the applicant shall have the burden of presenting evidence satisfactory to the Town that such hazards will be mitigated. In the absence of such evidence, subdivision of such land shall be denied.

E.

Natural Vegetation, Vegetation and Features. Clearing of vegetation shall not commence without prior written approval of the Town and shall be limited to the minimum reasonably required to construct the infrastructure associated with the subdivision. Valuable natural and cultural landscape features such as trees, orchards, wetlands, hedgerows and wildlife habitat shall be preserved to the greatest extent feasible. These features shall be shown in preliminary clearing and grading plans at the time of application.

F.

Pedestrian Facilities. Pedestrian and bicycle access to schools, parks, shorelines, recreation areas, open space, public facilities and commercial areas shall be provided by walkway where street access is inadequate or where such a separate pedestrian facility would provide more efficient, direct or safe access or be in accordance with any current pedestrian trail plan.

G.

Scenic Corridors, Historic Sites. Setbacks, density modifications, buffers, landscaping or other design features shall be used to maintain the rural, scenic quality of any designated corridors within the Town. Setbacks, density modifications, buffers, landscaping or other design features shall be used to protect the integrity of public views of historic structures and their surroundings.

H.

Streams and Natural Drainage Ways. Natural drainage ways shall be kept open, unobstructed and shall not be relied upon for stormwater quality treatment.

I.

Future Subdivision. Subdivisions and short subdivisions shall be designed to accommodate the future subdivision of adjoining lands by providing for future access and utility service where appropriate.

J.

Street Names. Street names shall be designated by the Town at the time of preliminary subdivision or short subdivision approval.

K.

Streets and Utilities.

1.

The width of constructed streets shall be kept to the minimum necessary to safely serve the subdivision and adjoining area, including anticipated increased traffic volume. Subdivisions and short subdivisions shall be designed to minimize the number of intersections and access points on arterial streets. Design and construction of streets and utilities shall be in accordance with the standards in Chapter 16.24 of this title, in effect on the date of approval of the preliminary subdivision or short subdivision.

2.

Streets should be designed to conform with the topography of the site. Grading shall be minimized by the careful location of streets, utilities and building sites. Shared access driveways should be used where feasible.

3.

Adjacent lots that border the same street may share a common access from the public street, so long as a thirty (30) foot joint access easement is designated on the face of the plat.

L.

Culs-de-sac.

1.

Generally, through streets, rather than cul-de-sacs, are encouraged. Temporary cul-de-sacs may be designated in a proposed subdivision when it is determined that a through street may be needed in the future.

2.

Temporary and permanent cul-de-sacs shall meet requirements for turnarounds and maximum length specified in Chapter 16.24 of this title.

M.

Open Space Set Aside.

1.

To insure that new plats contribute to the historic rural character of Coupeville, every subdivision shall set aside a portion of the land within the subdivision boundary as permanent open space. Desirable areas for set aside as open include woodlands, wetlands, drainage draws, remnant orchards, hedgerows or other features of the natural landscape. Areas not considered useable area cannot be counted as open space.

2.

The amount of land set aside as permanent open space shall be no less than five percent of the total area being developed.

3.

Land set aside as open space for compliance with this section shall generally be held in private ownership distributed in equal shares among the lot owners in the subdivision. With the agreement of the developer and the town council, the open space land may be dedicated to the Town and designated as public open space.

4.

Subdivisions developed under Section 16.16.070(C)(4), Lot Size Averaging, are exempt from the open space set aside requirements of this section, so long as the open space reserved through lot averaging equals or exceeds the square footage that would be required through open space set aside.

5.

Short subdivisions are exempt from this requirement.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.070, 1996)

16.16.080 - Public improvements.

A.

Prior to clearing, grading and other ground disturbance associated with the subdivision or short subdivision, construction plans, clearing, grading and drainage plans, utility plans, erosion and sedimentation control plans and street plans shall receive the approval of the town engineer.

B.

Construction plans, clearing, grading and drainage plans, utility plans and street plans shall comply with Town standard construction specifications for water mains, sewers and storm drains and standards specified in Chapter 16.24, Development Regulations.

C.

Work performed shall conform with approved plans.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.080, 1996)

16.16.090 - Design or improvement variances.

A.

An applicant may request a variance from the requirements of Section 16.16.070 of this chapter (Subdivision design standards) and Chapter 16.24 of this title (Development Regulations) at the time of application for preliminary subdivision or short subdivision approval. Such an application for variance shall include all details necessary to describe and support the variance.

B.

Public notice for the application for preliminary subdivision or preliminary short subdivision approval shall include notice of any associated application for variance.

C.

A variance shall not be approved unless the council makes written findings that:

1.

Granting the variance is not in conflict with the provisions of Chapter 58.17 RCW; and

2.

Granting the variance is in the public interest, and is consistent with the intent and purpose of this title and adopted plans of the Town including, but not limited to, the comprehensive plan.

D.

In granting a variance, the council may require conditions that will, in its judgment, substantially meet the objectives of the standards being modified.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.090, 1996)

16.16.100 - Final approval of plats and short plats.

A.

Review Procedures.

1.

Final Plat Review. When a complete application for final plat approval has been submitted to the Town, the staff shall review the application and make a written report and recommendation to the town council to either approve or disapprove the final plat. If the final plat complies with the requirements of preliminary approval and the terms of the Coupeville Development Regulations, the town planner and town engineer shall sign the final plat, attesting to its compliance. Action by the council to approve a final plat shall be by formal motion made at a public meeting. Final approval does not require a hearing or public notice. When a final plat is approved by the council, the mayor shall sign the plat indicating the action of the council. Approval shall be effective upon recording of the final plat with the Island County auditor.

2.

Final Short Plat Review. When a complete application for final short plat approval has been submitted, the staff shall review the application and either approve or disapprove the final short plat. If the final short plat complies with the requirements of preliminary approval and the terms of the Coupeville Development Regulations, the town planner, town engineer and mayor shall sign the final short plat, attesting to its compliance.

B.

Public Notice. There is no requirement for public notice for consideration of or action to grant final approval of plats or short plats.

C.

Decision Criteria. Applications for final plat or final short plat approval shall be reviewed to assure compliance with:

1.

Conditions of preliminary approval;

2.

Provisions of Chapter 58.17 RCW; and

3.

Applicable standards and land use controls in effect at the time of preliminary approval.

D.

Recording Required.

1.

Following all inspections and approvals and after all fees, charges and assessments due the Town resulting from the subdivision development have been paid in full, the town planner shall permit the applicant to record the final plat with the county auditor. The applicant shall pay all taxes and assessments required by law.

2.

The applicant shall provide the Town with one reproducible copy of the final plat and two paper copies, including all recording data and covenants.

E.

Effect of Approval. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of final plat approval under RCW 58.17.150 (1) and (3) unless the council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.100, 1996)

(Ord. No. 677, § 6, 10-13-2009)

16.16.110 - Enforcement and penalties.

A.

Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of RCW 58.17, or any provision of this chapter or any term or condition of preliminary subdivision or short subdivision approval, the town attorney may commence an action to restrain and enjoin such use and compel compliance with RCW 58.17, the provisions of this chapter or terms or conditions of preliminary subdivision or short subdivision approval. The costs of such action shall be charged against the violator.

B.

Whenever a person, firm or corporation or any agent of any of them sells or transfers or offers for sale or transfer any lot, parcel or tract in a subdivision for which a final plat or short plat has not been recorded, the town attorney may commence an action to restrain and enjoin further sales, transfers or offers for sale or transfer and compel compliance with the terms of this chapter unless such sales or transfers are in accordance with RCW 58.17.205. The costs of such action shall be charged against the person, firm, corporation or agent selling or transferring the property.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.110, 1996)

16.16.120 - Application requirements.

A.

Preliminary Subdivision and Short Subdivision Approval. The following information is required for all applications for preliminary subdivision and short subdivision approval, except as otherwise noted. The town planner and town engineer may waive specific application requirements determined to be unnecessary for review of an application. All such waivers shall be in writing and cite the reason for the waiver.

1.

Preliminary Map of Subdivision or Short Subdivision. A preliminary subdivision or short subdivision map shall be drawn at a scale sufficient to show all details of the proposal. A scale of one inch equals fifty (50) feet is preferred, however, other engineering scales may be used if approved by the town engineer. Preliminary subdivision or short subdivision maps shall not exceed a size of twenty-two (22) inches by thirty-two (32) inches. Five full size copies and fifteen (15) eleven (11) by seventeen (17) reduced copies of the preliminary subdivision or short subdivision shall be provided. Reduced copies shall be legible. More than one page may be used to provide all required information. A preliminary subdivision or short subdivision map shall include the following:

a.

The name of the proposed subdivision. Short subdivisions will not be named but shall be assigned a short plat number by the Town;

b.

A legal and common description sufficient to define the location and boundaries of the proposed subdivision;

c.

The name and address of the preparer of the preliminary map;

d.

The name and address of the property owner and applicant;

e.

A vicinity sketch clearly showing the location of the property;

f.

The date prepared or revised, scale, north arrow, quarter section, section, township and range;

g.

Total acreage of the land to be divided and the average land area in square feet of the proposed lots;

h.

Existing zoning and zoning boundaries, if any;

i.

Lot and tract dimensions, areas and numbers or designations;

j.

Setback lines required by the existing or proposed zoning if the proposed lot has unusual shape, steep topography, wetlands or other unusual limitations on its building site:

k.

Any existing property lines within or adjacent to the proposed subdivision and the names and mailing addresses of all adjoining property owners;

l.

Contour lines in areas to be developed shall be at five-foot intervals or as specified by the town engineer. Ten (10) foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property a sufficient distance to show the topographic relationship of adjacent property to the proposed subdivision;

m.

The location, name and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade of the proposed streets and the pavement location of existing and proposed streets. Road profiles may be required as determined by the town engineer;

n.

The location of all existing structures within the proposed subdivision and within twenty-five (25) feet of the proposed subdivision;

o.

Spaces to be dedicated to the public for park or open space and spaces to be owned in common by the lot owners, if any;

p.

The location of any known or suspected soil or geological hazard areas, steep slopes, protected species habitat areas, water bodies, creeks, wetlands and areas subject to flooding or ponding;

q.

Possible future lot lines if any lot is large enough to allow future division;

r.

The location of existing and proposed utility lines, sewer and water mains adjacent to or within the proposed subdivision and the purveyors of utility service;

s.

The location of all existing and proposed easements;

t.

The location of the area or areas to be set aside as open space.

2.

Application Form. A completed application form as specified by the town planner.

3.

Preliminary Clearing and Grading Plan. A preliminary clearing and grading plan showing the location and boundary of existing tree-covered areas, location and boundary of groups of trees, individual trees over six inches in diameter measured four feet above grade, orchards, wetlands, hedgerows and wildlife habitats. The plan shall note which of these features is proposed to be removed or modified during initial construction of the subdivision and those areas proposed to be open spaces or otherwise subject to clearing restrictions, if any. The plan shall also show where earth is to be removed, imported or relocated on the site.

4.

Preliminary Drainage Plan. A preliminary drainage plan showing existing and proposed drainage and runoff control and treatment facilities for the site and adjacent areas (two copies).

5.

Water Consumption Estimate. For each lot proposed to serve a use other than a single family residence, an estimate of the maximum daily demand for each water service connection shall be provided (two copies).

6.

A narrative statement of the improvements to be installed including roads, utilities, drainage facilities, recreational facilities and other similar improvements (two copies).

7.

Environmental Checklist. A completed environmental checklist. Some short plats do not require submittal of a completed environmental checklist. The town planner shall determine if a proposed short subdivision is exempt from SEPA review (two copies).

8.

Certificate of Title. The name and address and telephone number of the subdivider and owner of the property and a certificate of ownership from a title company authorized to do business in this state.

9.

Supplemental information that may be needed by the town engineer or town planner in order to properly review the proposed subdivision, including information required to determine the environmental impact of the proposal.

10.

The name and current mailing address of all owners of property within three hundred (300) feet of the boundaries of the proposed subdivision, as shown in the records of the Island County auditor. If the owner of the real property which is proposed to be subdivided owns another parcel of real property which lies adjacent to the real property proposed to be subdivided, the name and address of all owners within three hundred (300) feet of said adjacent property shall be provided as well (one copy).

11.

Fees. Payment of fees as specified in Section 16.44.020 of this title.

B.

Final Plats and Final Short Plats. The following information is required for all applications for final plat and short plat approval, except as otherwise noted. The town planner and town engineer may waive specific application requirements determined to be unnecessary for review of an application. All such waivers shall be in writing and cite the reason for the waiver.

1.

Plat Map or Short Plat Map. A plat map shall be drawn at a scale sufficient to show all details of the proposal (six paper copies, one original Mylar and one reproducible Mylar copy of signed original). A scale of one inch equals fifty (50) feet is preferred, however, other engineering scales may be used if approved by the town engineer. Plats and short plats shall be drawn on Mylar to a standard and size that meets the Island County auditor's standards for recording. More than one page may be used to provide all required information. The following information is required on all final plats and final short plats:

a.

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

b.

Location and names, without abbreviation, of all streets, public areas, easements and adjoining streets;

c.

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

d.

Centerline data on streets and easements, including bearings and distances;

e.

All dimensions along the lines of each lot, 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 lot line in the field;

f.

Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which the lots are subject. If the easement is not definitely located, a statement as to the easement or restriction shall appear on the title sheet;

g.

Easements for storm drains, sewers and other purposes shall be denoted by broken lines;

h.

Contiguous plats by name, or if unplatted, so noted;

i.

Town boundaries crossing or adjoining the subdivision;

j.

All lots shall be numbered in sequence and the street address of each lot shall be shown;

k.

Every lot shall be shown entirely on one sheet;

l.

Location and description of all permanent monuments used as ties to establish the boundaries of the plat or short plat;

m.

The location of all permanent monuments within the subdivision;

n.

Accurate outlines of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners with the purpose of the dedication or reservation to be stated on the plat together with appropriate recording references;

o.

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

p.

The section, township and range;

q.

Conditions of approval of the preliminary plat as required;

r.

Required Certificates and Statements. The following certificates shall be shown on the plat:

i.

Surveyor. The surveyor shall place his seal and signature on the plat along with: a statement certifying that the plat was prepared by him, or under his supervision; a statement certifying that the plat is a true and correct representation of the land subdivided; and monumentation and lot corner stakes as required by the town engineer have been set.

ii.

Owner Certification. The owner of any interest in and holder of any lien or encumbrance upon land proposed for subdivision shall provide notarized certification that the proposed plat is submitted with her consent and she has no objection thereto.

iii.

Dedication. A notarized certificate of dedication by the owner for all areas to be dedicated to the public.

iv.

Owner Waiver of Claims. The owner shall grant the Town a covenant releasing, indemnifying and holding the Town harmless from any and all claims for damages or injunctive relief of whatever nature from the construction, operation and maintenance of the improvements.

v.

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

vi.

Private Roads. A statement or other clear indication by the owner if any street is not to be dedicated to the public and specifying the maintenance responsibility.

vii.

Town Engineer. A statement to be signed by the town engineer stating that the subdivision complies with requirements of Coupeville development regulations.

viii.

Town Acceptance. A statement to be signed by the mayor approving the subdivision and accepting dedicated areas, if any.

2.

Plat Certificate. A title report, not more than thirty (30) days old, for the land being subdivided.

3.

Restrictive Covenants. A copy of all restrictive covenants proposed to run with the land (two copies).

4.

Maintenance and Ownership Documents. Documents establishing and delineating responsibilities of a homeowners' association or other documents providing for ownership and maintenance of drainage, stormwater treatment or other facilities owned in common by owners of lots in the subdivision (two copies).

5.

Performance Bond. If any required public improvements are not constructed at the time of final plat or final short plat approval, executed performance bonds or other security acceptable to the town engineer and town attorney shall be provided.

6.

Maintenance Bond. Executed maintenance bonds, approved by the town engineer and town attorney, guaranteeing all public improvements built as part of the subdivision or short plat, from any defects caused by faulty workmanship, materials or design or combination thereof, for a period of two years from the date of written acceptance of the improvements.

7.

Fees. Payment of fees as specified in Section 16.44.020 of this title.

(Ord. 614 § 4 Exh. D (part), 2001: Dev. regs. § 10.40.120, 1996)