This division shall be known as the city of Rainier subdivision and platting regulations, and hereafter may be referred to as “this division.” (Ord. 548 § 2 (Exh. F) (part), 2007)

This division is adopted by the city of Rainier pursuant to Chapter 58.17 RCW. (Ord. 548 § 2 (Exh. F) (part), 2007)

The intent of this chapter is to provide criteria, regulations and standards to govern the subdividing of land within the city and to:

A.    Promote the public health, safety and general welfare in accordance with standards established by the state and the city;

B.    Implement the comprehensive plan;

C.    Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, parks and recreation areas, or other public services, or excessive expenditure of public funds for such services;

D.    Avoid congestion and promote safe and convenient travel by the public on streets and highways through the coordination of streets within a subdivision with existing and planned streets;

E.    Provide for adequate light and air;

F.    Provide for proper ingress and egress;

G.    Provide for the housing and commercial needs of the community;

H.    Provide uniform monumenting of land divisions and conveyance of accurate legal descriptions;

I.    Protect environmentally sensitive areas; and

J.    Encourage the conservation of nonrenewable energy resources. (Ord. 548 § 2 (Exh. F) (part), 2007)

Every subdivision shall comply with the provisions of Chapter 58.17 RCW, this division and all future amendments or applicable federal, state or local laws. After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions shall be allowed only if the procedures of this division are followed, and these requirements shall be applicable to all plats approved prior to the effective date of the ordinance codified in this title. Pursuant to RCW 58.17.040, the provisions of this division shall not apply to the following:

A.    Cemeteries and other burial plots while used for that purpose;

B.    Divisions made by testamentary provisions or the laws of descent;

C.    Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan which authorizes specific uses of said land in accord with Chapter 18.168 of this code;

D.    The transfer of contiguous unplatted lots if:

1.    The lots were created in compliance with all applicable state and city subdivision regulations in effect at the time of the creation of said lots; or

2.    The lots transferred and remaining lots are improved with dwellings; provided, that transfers pursuant to subsection (D)(1) or (2) of this section shall not be effective until the proponent is issued a certificate of compliance from the city. A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria above;

E.    A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act (Condominiums), if the city has approved a binding site plan for all of such land;

F.    A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;

G.    A division of land into lots or tracts of less than three acres that is 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. For purposes of this division, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed;

H.    A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when a binding site plan for the use of the land has been approved by the city;

I.    A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; or

J.    A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (Ord. 575 § 35, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)

The city recognizes that a parcel has been divided into separate, legal lots by any one of the following:

A.    A state or federal road or highway; or

B.    A city or county road that has been adopted as part of the city road system; or

C.    A city or county or road right-of-way that has been acquired or accepted by the city but where site development has not facilitated improvements to that dedicated roadway section.

D.    In the case of a city road that has been adopted as part of the city road system or an unimproved road right-of-way, the division line between the lots created shall be the centerline of the right-of-way. Where a county road or an unimproved road right-of-way is located on the margin or edge of a parcel, such right-of-way shall not divide the parcel. (Ord. 548 § 2 (Exh. F) (part), 2007)

As used in this division, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

“Binding site plan” means a drawing to a scale as specified by the department, which shall:

1.    Identify and show the area and location of all streets, improvements, utilities, and open space;

2.    Contain inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land established by the planning commission or department having authority to approve the site plan;

3.    Contain provisions requiring that all development occurring within the proposal’s boundaries be in conformity with the site plan.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Boundary line adjustment” means the relocation of a common property line(s) between two or more abutting properties.

Clustered Housing Planned Developments (CHPDs). Clustered development provides a mechanism to cluster housing units within a residential development (usually single-family detached or attached housing) on smaller lots than those normally allowed under existing zoning, with the provision that the saved land is permanently set aside as open space or for other recreational opportunities. See “Subdivision, clustered housing planned developments” in Section 18.08.220, S definitions.

“Council” means the Rainier city council.

“County assessor-treasurer” means the Thurston County treasurer or assessor or both of them.

“County auditor” means the Thurston County auditor.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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 by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

“Department” means the city of Rainier community development department.

“Developer” means the person, party, firm or corporation who applies for said plat.

“Geological hazard” means any hazard caused by natural or artificial causes which may damage persons or property and which would include but not be limited to slides, slippage or instability of earth, rock and soil.

“Improvement” means any thing or structure constructed for the benefit of all or some residents of the subdivision or the general public such as but not limited to roads, alleys, storm drainage systems and ditches, sanitary sewer pipes or main lines, and storm drainage containment facilities.

“Lot” means the fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

“Lot determination” means a determination of the legal status of a lot of record by means of reviewing documents. For example, a title report, bill of sale, copy of a recorded plat or short plat, etc., provided by the applicant that clearly proves that the lot was legally created.

“Lot of record” means a legally created lot pursuant to statute, and duly recorded with the Thurston County auditor, or a legally created lot under state and local subdivision regulations in effect at the time of creation, or a lot described by metes (distance) and bounds (direction), the description of which has been so recorded.

“Model home,” for the purpose of this code, shall be defined as a dwelling in accordance with Division 3 of this title, Development Standards—Zoning. Also see Section 18.160.040, Model home.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.

Parcel. See “Lot.”

“Planning commission” means that body as defined in Chapter 36.70 RCW as designated by the city council to perform a planning function.

“Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Plat, final” means the final drawing of the subdivision and dedication drawn to a scale not smaller than one inch equals one hundred feet (1" = 100') unless approval of another scale is given by the planning director, on standard eighteen (18) inch by twenty-four (24) inch sheet size, prepared for filing for record with the county auditor and containing all elements and requirements set forth in state law and in this division.

“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

“Plat, short” is the map or representation of a short subdivision.

“Reserved road area” means a defined area of land within the short subdivision which is required by the city to be reserved for a future road, and said area shall be dedicated to the city at the time of approval, but the road need not be constructed by the applicant or developer until such time as stated by ordinance. Setbacks shall be established as if the reserved road area were dedicated.

“Road engineer” means as defined in Chapter 36.40 RCW.

“Short subdivision” means any voluntary or involuntary division or redivision of land into four or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease or transfer of ownership; excluding required lots as necessitated by preservation requirements of critical areas as required by Division 5 of this title, or to provide for infrastructure needs such as road, stormwater or utility lots for common use within the short subdivision for a total of no more than nine total lots.

“Subdivision” means any voluntary or involuntary division or redivision of land into five or more buildable lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership; excluding any required lots as necessitated by preservation requirements of critical areas as defined by Division 5 of this title, or to provide for infrastructure such as road, stormwater or utility tracts or parcels for common use within the short subdivision.

Tract. See “Lot.” (Ord. 575 § 36, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)

This chapter applies to preliminary and final plats for subdivisions as defined in Chapter 18.144 and Chapter 58.17 RCW. (Ord. 618 § 1 (part), 2013)

Article II. Procedures for Preliminary Plats

A.    Prior to submittal of a plat, an applicant may request a preapplication conference in accordance with Section 18.16.130 to acquaint themselves with the substantive and procedural requirements for the application.

B.    Fee. The fee for a preapplication conference is established on the adopted fee schedule. Preapplication fees may be counted towards the fee for the application, if an applicant proceeds with the project proposal. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007)

A preliminary plat of a proposed subdivision and/or dedication of land shall be submitted for approval by:

A.    Filing an application with the department;

B.    Paying the required fee(s);

C.    Filing eleven (11) copies of the proposed preliminary plat at a scale deemed appropriate by the city of Rainier;

D.    Filing one reproducible copy of the proposed preliminary plat at eleven (11) inches by seventeen (17) inches in size;

E.    Submitting an environmental checklist; and

F.    Submitting an application for zone amendment, when required. An application for a zone amendment may be considered with the application for preliminary plat approval pursuant to Section 18.16.110, Process IV—Quasi-judicial. (Ord. 618 § 1 (part), 2013)

Preliminary plats, replats, plat alterations, or amended plats are reviewed for approval pursuant to the provisions of Section 18.16.110, Process IV—Quasi-judicial. (Ord. 618 § 1 (part), 2013)

All applications submitted under these provisions shall be reviewed for completeness in accordance with Sections 18.16.140 through 18.16.160. If additional materials are deemed necessary for the review of the preliminary plat, replat, plat alteration, or amended plat, which are not listed in Chapter 18.16, the materials may be requested by staff prior to finding the application complete. (Ord. 618 § 1 (part), 2013)

Once an application is found to be complete, city staff shall provide a notice of a complete application to:

A.    Agencies with an interest in the proposal, subject to Section 18.16.170; and

B.    Parties subject to the notice requirements listed within Section 18.16.180.

All comments received as part of these notices shall be considered a part of the official record for the application. (Ord. 618 § 1 (part), 2013)

Provisions of Sections 18.16.180 and 18.16.190 shall apply to notification, posting and hearing of preliminary plats. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.48.100)

As part of the review of an application, the city, county health department and fire marshal shall review and certify, for the planning commission’s review, their respective recommendations as to the adequacy of the proposed road system, storm drainage system, proposed sewage disposal, water supply systems, and fire protection services for the subdivision. The recommendations of the city planning, engineering and public works officials, the county health officer and the fire marshal shall be included in the record for the planning commission public hearing. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.040)

A.    Planning Commission Considerations. At the public hearing for a preliminary plat, the planning commission shall inquire into the public use and interest proposed by the establishment of the plat, replat, alteration, or amendment and dedication. The commission shall determine if appropriate provisions are made for, but not limited to:

1.    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, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

2.    Whether the public interest will be served by the subdivision and dedication.

3.    Whether the subdivision makes appropriate provisions for the standards in Section 18.148.110.

4.    Whether the provisions stated in Section 18.16.110(M)(3)(b) have been met by the application.

B.    Planning Commission Written Findings. A recommendation of preliminary approval shall be granted by the planning commission for consideration by the city council when written findings show that a proposed plat, replat, alteration or amendment and dedication makes appropriate provisions for the considerations in subsection (A) of this section.

C.    Consideration by City Council. Once the planning commission provides a recommendation on a proposal in accordance with subsection (B) of this section, the city council shall review the application in accordance with Section 18.16.110(N).

D.    Reconsideration. Any aggrieved person may request reconsideration of a decision pursuant to the provisions of Section 18.16.190(E)(11).

E.    Appeal. The final decision by the city council on a preliminary or final plat may be appealed pursuant to the provisions of Section 18.16.190(I). (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.120)

A.    General.

1.    Failure to Show Progress on Application. If an application fails to progress for a period of one hundred eighty (180) days after it has been determined to be complete, but before the application progresses to a public hearing, the application may be deemed null and void unless extended in accordance with the procedures in Section 18.156.040(C).

2.    Preliminary Plats, Replats, Alterations, or Amendments. The review of preliminary plats shall occur in accordance with the time limitations in Section 18.16.150.

3.    Final Plats, Replats, Alterations, or Amendments. Upon completion of any required conditions or site development, the final plat shall be approved, disapproved, or returned to the applicant within thirty (30) days from the date of filing unless the applicant consents to an extension of such time period. A final plat that meets all requirements of this division shall be submitted to the city for approval within the time periods listed in RCW 58.17.140. The approval of a preliminary plat, replat, alteration, or amended plat shall be automatically null and void if final plat approval is not obtained within the time limitations specified therein.

B.    Filing Extensions. An applicant shall be entitled to two one-year extensions of time within which to submit a final plat. Knowledge of the expiration date and initiation of a request for an extension of the approval time is the responsibility of the applicant. Upon filing of an application for extension, notice shall be sent to each party of record, city departments and agencies involved in the initial process of preliminary plat approval. Written comments will be requested within ten (10) working days. If any comment requests the alteration or expansion of conditions of approval, the applicant shall be provided a copy of the comment and allowed ten (10) working days to file objections. The city may then proceed with a hearing as established in Section 18.16.110, Process IV—Quasi-judicial. The preliminary plat shall also be subject to review of all new and amended regulations, policies or requirements in effect at that time.

C.    Stages. If the developer desires to develop a subdivision in stages, each stage or division must be approved within the time limits specified herein. (Ord. 618 § 1 (part), 2013: Ord. 575 § 38, 2009; Ord. 558 § 3, 2008; Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.130)

Article III. Standards for Preliminary Plats

A.    Development of Lots Not on Sewer. Areas without sewer must be developed in a manner that maintains the long term potential to achieve minimum required densities and the efficient provision of sewer, once sewer becomes available. Areas developing without sewer must meet the following requirements:

1.    The health department must review and approve plans for alternative sewage disposal.

2.    Lots must be clustered in a configuration that results in urban size lots with one or more large reserve lots for future development.

3.    Excluding the reserve parcels, clustered lots must meet density requirements of Chapter 18.40 and Table 18.40-2.

4.    Conceptual Build-out Plan. Where a preliminary plat is proposed to be serviced by septic systems, the applicant is required to submit an accompanying plan that shows how the minimum future development densities for the underlying zone could be achieved. This plan must be included in the record for the proposal, but does not have to be recorded with the final plat. The final plat shall, however, contain a note that identifies all reserve parcels as sites for potential development.

B.    Improvements. Improvements that address standards within Chapter 18.152 shall be incorporated within a preliminary plat application. (Ord. 618 § 1 (part), 2013)

Article IV. Site Improvements

A.    Prior to any site development activity or construction of improvements, the developer shall: submit at least five copies of the plans, profiles and specifications for the streets, drainage, utilities and other proposed improvements to be constructed; and obtain a site development permit. Plans and profiles shall be drawn at a scale acceptable to the city. Construction plans for any dedicated or other improvements shall be reviewed and approved by the city prior to the issuance of a site development permit. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.030)

Pursuant to the provisions of Section 18.160.040, Model home, up to four model home dwellings may be established on land within a preliminary subdivision without final plat approval; provided, that the city has granted preliminary plat approval and all necessary building and construction permits are obtained. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.050)

Article V. Final Plats

All final plats or short plats in the city of Rainier must address the following items:

A.    Access.

1.    General. The proposed plat shall be reviewed for adequate ingress and egress to all proposed lots. Extension of roads or access rights from property line to property line of the subdivision may be required to ensure that roads may be extended in the future. If there is other reasonable access available, the city engineer may limit the location of direct access to any arterials or other road(s). When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the face of the plat.

2.    Reserved Road Areas. Where a city street is planned for, the city engineer may require that a right-of-way area be reserved for a future road. If the road is not developed as part of the application, a note specifying that the road will be developed in the future shall be reflected on the face of the plat.

3.    Private Roads. Unless the city has existing plans, maps, sketches or studies for a city street on the properties in issue, the city engineer may approve private roads, if all persons and their successors who own the land adjoining the road within the plat have equal legal rights to use the private road area. Said developer and/or adjoining landowners and their successors shall bear the expense of constructing and maintaining said road, and a note to this effect shall be made on the face of the plat. Where a plat, or land beyond the plat, has the potential of being divided into nine or more lots, said private road may be required to have a right-of-way width equivalent to city standards.

B.    Drainage. The proposed plat shall be reviewed for adequate drainage facilities. Requirements for any necessary facilities may be required to be stated on the face of the plat.

C.    Sewers or Septic Tanks. The proposed plat shall be reviewed for potential sewer or septic tank adequacy. If known local conditions exist which may affect future building sites, these conditions may be required to be stated on the face of the plat.

D.    Feasibility for Building Sites. Areas which are known or suspected to be poor building sites because of geological hazards, flooding, poor drainage, swamp conditions or mudslides shall be noted on the face of the plat.

E.    Critical Areas. Critical areas as specified in Division 5 of this title shall be identified on the plat and protective measures specified in Division 5 of this title shall apply.

F.    Water Supply and Fire Protection. The proposed plat may be reviewed for adequacy of water supply and fire protection.

G.    Street Improvements. Sections 18.152.020(I) and (J) shall apply.

H.    Denial of a plat may be considered if subsections (A) through (G) of this section are not adequately addressed. (Ord. 618 § 1 (part), 2013)

Each and every plat, replat, alteration, or amended section of a plat of any property filed for record shall conform to the following standards:

A.    Survey of Subdivision and Preparation of Plat. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.

B.    Drafting Standards. All final plats shall be drawn in accordance with the following:

1.    The final plat shall be clearly and legibly drawn in permanent black ink upon a stable base polyester film.

2.    The scale of the plat shall be not less than one inch equals two hundred (200) feet. Lettering shall be at least one-tenth of an inch high. The perimeter of the plat or subdivision being recorded shall be depicted with heavier lines wider than the remaining portion of the plat or subdivision.

3.    Each sheet shall be drawn at a size deemed acceptable to the city of Rainier.

4.    If more than two sheets are used, an index of the entire subdivision showing the arrangement of all sheets shall be included. Each shall be appropriately numbered.

5.    The plat title, date, bar scale and north arrow shall be shown on each appropriate sheet of the final plat.

6.    All signatures placed on the final plat shall be original signatures written in permanent black ink.

C.    Final Plat, Replat, Alteration, or Amendment Map Content. The following information is required to be considered complete, unless deemed unnecessary by the designee:

1.    The date, bar scale, north arrow, legend, controlling topography and existing features such as highways and railroads;

2.    Legal description of the plat boundaries;

3.    Reference points and lines of existing surveys identified, related to the plat as follows:

a.    Adjoining corners of adjoining subdivisions;

b.    City or county boundary lines when crossing or adjacent to the subdivision;

c.    Section and donation land claim lines within and adjacent to the plat;

d.    Whenever the county or a city has established the centerline of a street adjacent to or within the proposed subdivision, the location of this line and monuments found or reset;

e.    All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this division;

f.    The basis of bearing shall be shown and shall be the relationship to Thurston County coordinate system; and

g.    Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision;

4.    The exact location and width of streets and easements intersecting the boundary of the tract;

5.    Mathematical boundary closures of the subdivision showing the error of closure, if any, and the mathematical lot closures and street centerline closures and square footage of each parcel;

6.    Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings or deflection angles, radii, arcs, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest 0.01 foot;

7.    The width of the streets being dedicated, the width of any existing rights-of-way and the width of each side of the centerline. For streets on a curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;

8.    Easements denoted by fine dashed lines or described by narrative, clearly identified and, if already of record, their recorded reference. The width of the easement, its length and bearings, and sufficient ties to locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication;

9.    Lot numbers beginning with number “1” and numbered consecutively without omission or duplication throughout the plat. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Lot numbers in an addition to a subdivision of the same name shall be a continuation of the numbering of the original subdivision;

10.    Accurate outlines and designations of any areas to be dedicated or reserved for public use or to be committed for the common use of all property owners with the purpose of dedication, reservation and commitment to be clearly set forth on the plat document together with accurate references to appropriate recorded documents;

11.    All required dedications, endorsements, covenants, affidavits and certificates shall show on the face of the final plat;

12.    The final plat, replat, alteration, or amendment shall show the subdivision of the section or sections involved and show the township(s) and range(s); provided, that if the land being platted is not described by section subdivision, the final plat map shall show a vicinity map showing monuments and land corners sufficient to properly orient the new subdivision;

13.    Specific wording as may be required by the preliminary plat approval;

14.    A plat or subdivision contiguous to, or representing a portion of or all of, the frontage of a body of water, river or stream shall indicate the location of monuments, which shall be located at such distance above high water mark as to reasonably ensure against damage and destruction by flooding or erosion;

15.    Lots containing one acre or more shall show net acreage to the nearest one-hundredth, whenever possible;

16.    Designation of lots to be used for other than single-family residential purposes;

17.    Land parcels to be dedicated for any purpose, public or private, shall be distinguished from lots intended for sale;

18.    If the plat constitutes a replat, alteration, or amendment of all or portions of an existing subdivision, this shall be clearly indicated just below the subdivision name. All original plat lines shall be shown in half-tone around the perimeter of the new plat;

19.    A summary of the terms and conditions, including building permit restrictions, of any agreement and security to construct improvements in the future on the plat;

20.    Other items required of all plats:

a.    Ownership;

b.    Legal description (old and new);

c.    Ensure all bearings and distances are on map;

d.    Taxes;

e.    Addresses;

f.    Right-of-way deeds (as needed);

g.    Ownership deeds (as needed);

h.    Location of existing buildings;

i.    Comment in regards to destroyed property (if needed). Need destroyed property form completed by owner to remove improvement value from assessment;

j.    Resource parcels and purpose;

k.    Tract parcels need purpose on map face, i.e., open space, tree tract, stormwater, etc.;

l.    Current use review;

m.    Determine if map is acceptable for review;

n.    Lot closure (for plats);

o.    All taxes need to be paid in full for current year to complete segregation;

p.    Misspelled words;

q.    Correct QtrQtrSec/QtrSec/Sec/Twn/Range;

r.    Proper blueline map size;

s.    Acreage/square feet on/for each lot;

t.    Situs address, city, and zip code for each lot on map;

u.    Deeds recorded between parties for conveyed portions;

v.    Parcels under open space/forest tax program contact assessor customer service appraiser; and

w.    Plats shall be provided as DWG and DXF files pursuant to Thurston County digital submittal requirements.

21.    Acknowledgments and Certificates. Acknowledgments and certificates required by this division shall be in language substantially indicated in the following subsections:

a.    The following certificates may be combined where appropriate:

i.    A certificate signed and acknowledged by all parties with any record division interest in the land subdivided, consenting to the preparation and recording of the plat;

ii.    A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final map intended for any public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants;

iii.    A certificate with the seal of and signed by the surveyor responsible for the survey and final map; and

iv.    Other certifications now or hereafter required by law;

b.    Dedication(s) Certificate. The intention of the owner shall be evidenced by his presentation for filing of a final plat clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:

Know all men by these presents that _____________, the undersigned owner, in fee simple of the land hereby platted, ______________, and ______________, the mortgagee thereof, hereby declare this plat and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the plat and the use for public purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc., shown on this plat in the reasonable original grading of all the streets, avenues, places, etc., shown hereon. Also, the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said roads.

IN WITNESS WHEREOF we set our hands and seals this __________day of _________, [year].

In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:

Access to _________________________ street from lots numbered ______________ is hereby waived, and dedication to the public shall in no way be construed to permit a right of direct access to _________________________ street from lots numbered ______________, nor shall the city of Rainier or any other local governmental agency within which the property is or may become located ever be required to grant a permit to build or construct an access of approach to said street from said lots.

22.    Acknowledgment.

This is to certify that on this _____ day of _________________________, [year], before me, the undersigned, a notary public, personally appeared to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that ______ signed the same as _______ free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal the day and year first above-written.

(Seal)

___________________________

NOTARY PUBLIC in and for the
State of Washington, residing at

___________________________

23.    Restrictions. The following restrictions shall show on the face of the final plat:

a.    The following shall be required when the plat contains a private street:

The cost of construction and maintaining all streets not herein dedicated as public streets shall be the obligation of all of the owners and the obligation to maintain shall be concurrently the obligation of any corporation in which title of the streets may be held.

b.    “All landscaped areas in public rights-of-way shall be maintained by the owner and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to city road purposes.”

c.    The following shall be required when the plat contains commonly owned tracts:

Community tracts shall be owned and maintained in common for the benefit of all lot owners. All lots have an undivided interest in the ownership and maintenance of community areas. The ownership interest in each community tract shall be stated in the deed to each lot.

d.    The following shall be required when the installation of required improvements has not been physically completed prior to recording:

Pursuant to City Ordinance, the city of Rainier may deny the issuance of building or occupancy permits for any structure within this plat until street, sidewalk, or other required plat improvements have been installed.

e.    Any additional conditions as approved by the council or hearing examiner.

24.    Land Surveyor Certificate. The completed plat must show a certificate from the land surveyor who platted the property, in substantially the following form:

I hereby certify that the Plat of ___________________ is based upon an actual survey and subdivision of a portion of Section _____, Township _____, Range _____, W.M.; that the distances and courses shown thereon are correct; that the monuments have been set and lot and block corners staked on the ground.

25.    Certificates of Officers. The plat shall also show the following certificates:

a.    Certificate—City Engineer.

Examined and approved this _____ day of _________________________ [year].

_________________________

City of Rainier Engineer

b.    Certificate—Health Officer.

Examined and approved this _____ day of _________________________ [year].

_________________________

Health Officer

c.    Certificate—City Clerk-Treasurer.

I hereby certify that all Local Improvement District Assessments on the land described hereon have been fully paid to and including the year ___________.

_________________________

Clerk-Treasurer, City of Rainier

d.    Certificate—Community Development Department.

Examined and approved this _____ day of _________________________ [year].

_________________________

Planning Manager/Designee

e.    Certificate—Public Works Administrator.

Examined and approved this _____ day of ________________________ [year].

_________________________

Public Works Administrator

f.    Certificate—Assessor.

Examined and approved this _____ day of _________________________ [year].

_________________________

Thurston County Assessor

g.    Certificate—Treasurer.

I hereby certify that all taxes on the land described hereon have been fully paid to and including the year _____.

_________________________

Thurston County Treasurer

h.    Certificate—City Council.

Examined and approved this _____ day of ________________________ [year].

_________________________

Mayor, City of Rainier

ATTEST:

_________________________

Clerk-Treasurer, City of Rainier

i.    Certificate—County Auditor.

Filed for record at the request of _________________________ this ____ day of ____________, [year], at _____ minutes past _____ .m., and recorded in Volume _____ of Plats, on page _____, records of Thurston County, Washington.

_________________________

Thurston County Auditor

_________________________

Deputy Auditor

(Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.140)

The city council has the full authority to approve final plats, replats, alterations, or amendments. The community development department shall review applications for a proposed final plat and be satisfied that the following conditions exist:

A.    The final plat, replat, alteration, or amendment meets all standards established by state law and this division relating to final plats;

B.    The proposed final plat, replat, alteration, or amendment bears the certificates and statements of approval required by this division and state law;

C.    The final plat conforms to the content requirements of Section 18.148.140 and 18.148.150;

D.    Required improvements have been installed pursuant to Chapter 18.152, or bonded for in accordance with Section 18.12.120;

E.    A title insurance report confirms that the title of the land in the proposed subdivision is vested in the name of all persons whose consent is necessary to dedicate streets and other easements shown upon the map and whose signatures appear on the plat’s certificate not older than sixty (60) days at time of filing for final plat showing the names. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.150)

The designee shall acknowledge receipt of a proposed final plat, replat, alteration, or amendment that meets the requirements of Section 18.148.160 and shall forward the original with a written staff report to the city council for consideration, approval by ordinance, and final signature authority. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.160)

A.    The city council, at the next regular public meeting or any continued meeting, shall review the preliminarily approved plat, replat, alteration, or amendment for final plat approval; make written findings; and approve or deny the final plat, replat, alteration, or amendment accordingly.

B.    When the city council finds that the subdivision meets the following criteria, the final plat, replat, alteration, or amendment shall be approved, if:

1.    The plat conforms to all terms of preliminary plat approval;

2.    The bond, if there is one, by its essential terms assures completion of improvements.

3.    The plat meets the requirements of state law and the requirements of this division.

C.    After the city council accepts the final plat, replat, alteration, or amendment and all required signatures are affixed, except the county auditor, the final plat shall be approved by ordinance.

D.    The community development department shall provide the final plat, replat, alteration, or amendment to the applicant or agent for filing with the county auditor.

E.    After recording, two full size copies (one mylar and one paper) and one eleven (11) inch by seventeen (17) inch copy shall be provided to the city. Failure to provide the city with the required copies may result in delays of any requested permits. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.170)

Article VI. Fees

All fees for projects proposed under this chapter are nonrefundable and established by resolution. These fees shall be paid when:

A.    A preliminary plat is filed;

B.    A final plat is filed for final approval;

C.    An extension of time is requested pursuant to Section 18.148.100, Time limitations; and

D.    A request for reconsideration or appeal is sought pursuant to Section 18.148.090. (Ord. 618 § 1 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.148.060)

A.    General. All dedications shall be clearly and precisely indicated on the face of the plat as approved by the city. Improvements and easements to maintain such improvements may be required to be dedicated.

B.    Constructed to City Standards. All site development such as roads, bridges, drains, culverts and related structures and facilities shall be designed, constructed and conform with current standards in effect at the time of construction.

C.    Certificate. Dedications are required to be noted on the plat pursuant to the requirements of Section 18.148.140(C)(21)(b). (Ord. 548 § 2 (Exh. F) (part), 2007)

Any land division may be subject to the following improvement requirements to accomplish the purpose of this chapter and the requirements of Chapter 58.17 RCW. All improvements including, but not limited to, streets, bridges, drains, culverts and related structures and facilities shall be designed and constructed in accordance with city standards.

A.    Parks and Open Space. In new residential or multifamily subdivisions, the provisions of Section 18.48.115, Parks and open space, shall apply in addition to the following. The area shall be improved, landscaped, and include recreational equipment such as but not limited to a big toy, sport court, or picnic area, and/or provide trail connections. The open space or park area shall be in a relatively flat area suitable for recreational activity and outside any critical areas such as steep slopes and wetlands. The location of the open space or park area shall be convenient to residents in the development.

B.    Trails. Land divisions located along or adjacent to a trail corridor identified in the comprehensive plan parks and recreation section shall provide a public pedestrian easement to extend the trail along its planned alignment and provide a trail from an internal or abutting roadway to the trail.

C.    Potable Water. Each building lot approved subject to this chapter shall be served by an approved water system. The water system shall be adequate to serve the domestic needs of future residents of the land division.

D.    Flood or Geological Hazard.

1.    If any portion of the land within the boundaries shown on a plat is subject to flood hazards or inundation, geological hazards, mudslides indicated in the most recent national Flood Insurance Rate Map or other authoritative data, and the probable use of the property will require structures thereon or nearby, the city may disapprove the subdivision or that portion of the subdivision so affected, and/or require protective improvements to be constructed as approved by the city as a condition to approval of the subdivision.

2.    If any portion of a lot or parcel of a subdivision is subject to flood hazard, inundation, geological hazard or mudslides, such fact and portion shall be clearly shown on the final map or parcel map by a prominent note on each sheet of such map whereon any portion is shown. No subdivision shall be approved by the city that is situated wholly or partially within a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology.

E.    Storm Drainage Containment. The city shall, as a condition of approval of any division of land, require the developer to construct storm drainage facilities such as dry wells, retention/detention basins, or other methods acceptable to the city, based on the adopted Stormwater Design Manual so that excess storm runoff water will be satisfactorily contained. If deemed necessary by the city engineer, higher runoff factors, increased basin sizing and/or decreased outflow rates may be required when the developer designs said containment facilities. The developer may be required to provide engineering analysis that such retention/detention basins and stormwater runoff containment facilities will contain one hundred (100) year runoffs so that storm runoff from the developed land division is no greater than it would have been if the land was left undeveloped.

F.    Fire Protection. The developer shall provide water sources and/or facilities as required by law. Land divisions shall provide fire hydrants (or other adequate means) with adequate capacity and spacing to provide for fire protection as required by the city.

G.    Sanitary Sewer and/or Interim Septic Systems.

1.    The city may condition the approval of any land division upon the developer’s installation of sanitary sewer connections and pipes to be properly constructed according to city standards.

2.    If a sanitary sewer system is not available or if an exception has been granted, the city shall approve an interim on-site septic system subject to review and approval by the Thurston County environmental health wastewater department, subject to the following conditions:

a.    A note shall be placed on the land division map indicating that connection to a permanent sewer system shall be required at such time as the system becomes available;

b.    A title notification shall be recorded stating:

At such time as a sanitary sewer becomes available as defined in the Rainier Municipal Code, the property owner shall be required to hook up to the sewer system in accordance with the provisions of the municipal code.

A no protest agreement to the formation of any future ULID for extension of a sewer system that would serve the land division shall be recorded on the properties;

c.    The developer shall install interim septic systems; and

d.    The developer shall provide stubout for future sanitary sewer connection.

H.    Streets and Access. All land divisions shall be served by a public or private street or driveway. Such streets and driveways shall be provided and constructed in compliance with Title 12, Streets, Sidewalks and Public Places. All new residential lots shall access off internal roads, except as authorized by the city.

I.    Streets.

1.    Private streets shall only be permitted in land divisions serving four or more building lots and shall be constructed as required by the city’s public works standards.

2.    All private streets, easements, community utilities and properties shall be maintained by the owners of the property served by them and kept in good repair at all times. In order to ensure the continued good repair, it must be demonstrated to the city prior to the recording of the land division that:

a.    There is a workable organization to guarantee maintenance with a committee or group to administer the organizational functions; and

b.    There is a means for assessing maintenance costs equitably to property owners served by the private streets, easements, community utilities and properties.

3.    There are legally enforceable covenants recorded with the land division that ensure the continuing maintenance and management of these facilities.

J.    Street Frontage Improvements. All land divisions shall install street frontage improvements at the time of construction as required by Title 12. Frontage improvements along exterior streets shall be constructed and approved prior to issuance of building permits. Unless improvements already exist, such improvements shall include curbs, gutters, and sidewalks, and may include street storm drainage, lighting, traffic signals or modifications, utility relocation, landscaping and irrigation, and street widening as required by Title 12. All improvements shall be made across the full frontage of the property from the centerline of the constructed street facility to the outside limit of the improvements. Additional rights-of-way may be required for frontage improvements.

K.    Landscape Requirements. See Section 18.48.100, Landscaping.

L.    Common Areas and Facilities. Common areas and facilities shall conform to the following:

1.    Facilities benefiting more than one property owner shall be considered common areas/facilities, designated by easement or separate tract, and corresponding dedication statements included on the face of the final land division map specifying the use for which the easement or tract is created, and assigning ownership and use interest;

2.    Common areas/facilities which primarily benefit the residents/property owners within the development such as entrance signage, landscaping, open space, fences, private parks, and recreation facilities shall be considered private common areas/facilities and the primary ownership and responsibility for maintenance assigned to said residents/property owners;

3.    All private common areas shall be of a size sufficient to accommodate the associated facilities;

4.    Adequate provisions for ownership and maintenance in the form of statements of easement, conditions, covenants and restrictions, and/or creation of a homeowners’ association shall be specified at the time of the land division. The documents shall address continued ownership interest, right of use, responsibility for maintenance, remedies in the event any of the responsible parties fail to perform, and procedures for modification or vacation of easements or tracts and associated facilities not required as a condition of the land division approval. The documents shall also include an adequate funding mechanism for those areas/facilities requiring regular maintenance; and

5.    Common areas/facilities which are determined by the city to primarily benefit the general public, or are considered part of a city facility such as a stormwater detention/retention pond or bioswale, shall be delineated as a separate tract and dedicated to the public for future ownership and maintenance.

M.    Undergrounding of Utilities. All new or replacement of existing overhead utilities such as telephone, power, cable TV, etc., designed to serve the land division and located within the boundaries of the land division, shall be installed underground. Undergrounding of existing utilities may be exempt from this requirement if the cost of undergrounding the existing utility is more than twice the cost of undergrounding service and distribution lines needed to serve the land division.

N.    Gated entrances to land divisions are not allowed.

O.    Fences and walls of the land division shall conform to the following:

1.    Fences and walls shall not encroach into any street right-of-way and shall be set back a minimum of one foot from the edges of any sidewalk;

2.    Fences and walls shall comply with all clear vision area requirements;

3.    Landscape treatment shall be retained or installed between the public right-of-way and any solid fence/wall to reduce the appearance of a long continuous surface, which may attract graffiti;

4.    Fences and walls shall not encroach into any critical area or associated buffer without proper review and approval and, if so erected, shall be non-sight-obscuring;

5.    If wooden fence posts are used, they shall be a minimum of 6x6 posts;

6.    Walls shall not be constructed with smooth face CMU. (Ord. 575 § 39, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)

A.    General. In order to promote an orderly and coherent street and property location system, names and numbers in subdivisions and short subdivisions shall be assigned in accordance with the procedures and guidelines established herein.

B.    Subdivision Names and Numbers. Subdivision names shall be chosen by the applicant, subject to approval by the community development department. The department shall approve the proposed name if it is reasonably distinguishable from previously established subdivision names. The legal identification of short plats shall be designated by number and assigned by the auditor at the time of recording. The legal identification of short plats shall be designated by numeric/alpha sequence and be assigned by the city at the time of initial submittal (SP (for short plat), the last two digits of the year filed, a four digit city number and the letters RN (for Rainier)).

C.    Street Names and Numbers. All public and private roads established by subdivision or short subdivision shall have street names or numbers assigned and clearly shown on the plats prior to approval and recording. The building official/inspector shall assist the applicant with approved street names and numbers. Private roads shall be clearly labeled on the face of the plat.

D.    Blocks and Lots. Blocks and lots established for purposes of legal description of subdivided property shall be named and numbered in accordance with procedures and guidelines established by the city engineer. (Ord. 548 § 2 (Exh. F) (part), 2007)

Except for subdivisions excluded under the provisions of RCW 58.17.040 and this division, as amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The city engineer shall determine the number and location of permanent control monuments within the plat, if any. The surveyor preparing the plat shall submit a monumentation map to the city for approval prior to setting any permanent monuments. The engineer shall determine the number and location of permanent control monuments in streets within and leading into the plat, if any. All street monuments shall conform to the standard specifications of the American Public Works Association or as amended by city standard plans. (Ord. 548 § 2 (Exh. F) (part), 2007)

In lieu of actual construction of any improvement required by the developer of any formal subdivision or short subdivision, work may be bonded pursuant to Section 18.12.120, Security mechanisms. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Short Plats. This section applies to short plats for subdivisions as defined in Chapter 18.144 and Chapter 58.17 RCW.

B.    Exemptions. The provisions of this chapter are not applicable to the following:

1.    All exemptions listed in Section 18.144.025.

2.    Deed releases for the purpose of obtaining building financing; provided, that a short plat is required if said parcel is separately sold or if all land specified by the contract is not acquired.

3.    Divisions which were surveyed in accordance with the Survey Recording Act and are recorded with the auditor prior to August 13, 1974.

4.    One model home may be established on a single lot without short platting, provided the city has approved a preliminary short subdivision that includes the specific lot where the model home is to be located.

5.    Any division of land solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.

6.    Any division or divisions of land for the sole purpose of enabling a municipal corporation to acquire land, either by outright purchase or exchange, for parks, viewpoints, recreational, educational or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.

C.    The entire original tract (except adjacent platted or short platted land) shall be included within one short plat application.

D.    Further Divisions. Land within a short subdivision shall not be further divided in any manner for a period of five years from the date said approved short plat is recorded with the auditor without the filing of a final plat on the land which is proposed to be further divided. This requirement shall be stated on the face of the short plat.

E.    Contiguous Parcels. All contiguous land owned by the same applicant shall be identified in a short plat application to ensure that multiple short plat applications on separate but contiguous parcels are not utilized as a substitute for submitting a long plat application. The applicant shall certify that she/he has included all contiguous land in the application and that she/he does not own or otherwise have a legal interest in the ownership of the remaining contiguous parcels. Upon completion of the short plat, the entire group of contiguous parcels shall be considered one property for the purposes of subsection (C) of this section and shall be subject to the requirements of that provision. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007)

Short plats shall be processed as a Process II—Administrative action in accordance with Section 18.16.090. (Ord. 618 § 2 (part), 2013)

After acceptance of a short plat application, notification and posting procedures pursuant to Section 18.16.180, notice of application, shall apply to all short plats. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.035)

A.    Procedure. Upon receipt of an application, the planning department shall forward the application to the city engineer, fire marshal, the Thurston County health department, the assessor-treasurer’s office, and other relevant agencies to determine conformance with relevant standards. The initial review by the departments or agencies of the proposed short subdivision shall be completed within fourteen (14) working days of the request of the department, unless the applicant consents to an extension of such time period.

B.    Each department or agency shall submit comments on the short plat within the specified review period.

C.    If changes are necessary, the applicant/agent shall resubmit copies of the proposed short plat to the department reflecting the required changes within one hundred eighty (180) days after said notice of correction is given by the reviewing departments or agencies. Should the applicant require an extension of time to satisfy the requirements that were requested during the initial review, an additional one hundred eighty (180) days shall be granted upon written request. Due to the complexity of the proposal, the applicant may desire to request the following to extend the life of the application:

1.    Request in writing that the application for the proposed short plat be placed on hold for due cause. Due cause would constitute a situation that was beyond the applicant’s control; i.e., required environmental review, health department requirements for viewing high water table on the site prior to review for waste disposal, and/or a water availability report required by the state. An estimated timeline for completion of the required additional material, studies, or review should accompany the request. The hold should be placed upon the application for a specified time period.

2.    Request in writing that a time extension is necessary to provide the reviewing departments with the necessary material, documents, and studies, as requested in the initial county review. The city may provide a second one hundred eighty (180) day extension.

3.    The required time extension fee is required with an extension application.

D.    The applicant is required to submit the requested revisions for a short plat prior to the expiration of the allowable time period. Upon submittal of the additional information, reviewing departments or agencies shall further review the short plat and ensure that the proposal is in compliance with all applicable codes and standards. Additional revisions may be required. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.050)

A.    Required Findings. The designee shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision and any dedication. The designee shall make written findings that determine if appropriate provisions are made for, but not limited to:

1.    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, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school;

2.    Whether the public interest will be served by the short subdivision and dedication; and

3.    Whether the provisions in Section 18.16.090(I)(2) have been met.

B.    Approval. If the designee finds that the proposed short subdivision makes appropriate provisions for the items listed in subsection (A) of this section and that the public use and interest will be served by the proposal, then the director or designee shall approve the proposed short subdivision and dedication.

C.    Site Development. All conditions and site development conditions identified in the written findings shall be completed or addressed in a manner acceptable to the city engineer prior to an application for final short subdivision approval. As an alternative to actual site development, the project may be bonded as provided in Section 18.12.120, Security mechanisms. (Ord. 618 § 2 (part), 2013)

A.    The original mylar and fee for an application for final short plat approval shall be submitted when the city indicates that it is prepared to approve the short subdivision;

B.    A final short plat shall address all relevant conditions for final plats specified in Section 18.148.140 and meet the applicable standards listed in Section 18.148.150;

C.    Effect of Approval. The approval of a final short plat does not guarantee that future permits will be granted for any structures or development within the area and a notation to this effect shall be stated on the face of the short plat. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.020)

The owners of the property subject to the short plat shall sign a statement signifying that the plat is made with their free consent and in accordance with the desires of the owners (see Section 18.176.030). (Ord. 618 § 2 (part), 2013: Ord. 575 § 40, 2009: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.030)

Appeals of any city decision are processed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.090)

A.    Amendments to short subdivisions may be approved by the city by approving an amendment note that states to the effect that: “This amended short plat supersedes Short Plat No.____.” Depending on the significance of the change, an amendment may be subject to a Process II—Administrative action in accordance with Section 18.16.090.

B.    The note must specify the changes before the city can approve the amended short plat:

1.    All city requirements and conditions stated on the original short plat must be stated on the amended short plat and clearly state or identify the amendment; and

2.    All property owners of the short subdivision affected by the amendment shall provide the city with a notarized statement to the effect that they agree to the terms of the amendments to the short subdivision and shall sign the final amended short plat prior to recording.

C.    If any city department or other agency’s previous approvals may be affected by the amendment, that department shall approve the proposed amendment before the city may grant final approval. The established fee shall be paid to process the amended short plat.

D.    The assessor-treasurer’s office must again signify that the current real estate taxes are paid before the amended short plat is recorded. Upon recording, the amended short plat is deemed approved by the city. (Ord. 618 § 2 (part), 2013: Ord. 548 § 2 (Exh. F) (part), 2007. Formerly 18.156.100)

A.    A summary of all hearings and public meetings before the planning commission and the city council shall be preserved in a reasonable manner, which may include a tape recording of the hearing.

B.    The appellant shall be responsible for paying all reasonable costs for transcribing the record of relevant hearings or meetings. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator.

B.    Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this division or any permit or written order or decision issued pursuant to this division shall be subject to a Class 1 civil infraction citation (Section 18.12.130(F)(6)) as defined in RCW 7.80.120.

C.    If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary 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 is not subject to the penalties above and 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. (Ord. 548 § 2 (Exh. F) (part), 2007)

The provisions of Section 18.12.130, Enforcement, shall apply in addition to the following:

A.    Assessor-Treasurer. The county assessor-treasurer shall notify the city when a request to segregate any parcel of land that appears to be in violation of this division.

B.    Building Inspection and Permits.

1.    All applicants for building permits shall show by instrument of conveyance and an affidavit from his vendor, grantor or the applicant, that their building lot is not a division from an original tract, or that they or their predecessors have complied with, or are exempt from, this division.

2.    Building permits shall be denied to any applicant whose parcel, lot or tract is not in compliance with this division. No building permit shall be issued for any lot within a subdivision or short subdivision until final approval is obtained from the city, except as provided for in Section 18.160.040, Model home.

3.    Building permits, except as provided herein, shall not be issued to any applicant until the site plan includes any required or mentioned element noted on the final plat or short plat, including but not limited to building site location, access, drainage, sewers or septic tank and water system. An occupancy certificate shall not be issued until all such required or mentioned elements are satisfied.

C.    Health Department. Septic tank permits may be denied to any applicant whose parcel, lot, or tract is not divided in compliance with this division.

D.    Assessor-Treasurer. The established real estate excise tax affidavit shall be filed in the county assessor-treasurer’s office for all transfers of real property within the city of Rainier. An affidavit shall include a parcel number(s) of the current tax account(s) involved in the sale. If there is a separation of said tax account, the total acreage or square footage of said tax account shall be stated therein and a rough diagram of the original parcel and the divided parcel shall be drawn thereon. Said diagram shall identify the section, township, range, quarter section and placement of existing buildings. (Ord. 548 § 2 (Exh. F) (part), 2007)

It shall be the purpose and intent of this chapter to allow up to four detached or attached model home dwellings within a preliminary subdivision, or one model home dwelling in a short subdivision, which has been preliminarily approved in accordance with all existing plans and regulations. The purpose of said dwellings shall be to demonstrate a variety of housing designs together with all associated on-site improvements, e.g., landscaping, improved driveway, patios, etc. Model homes, when proposed, shall be established subject to the following criteria:

A.    Model homes must meet the requirement of all city codes with respect to being certified for use occupancy.

B.    Only one model home may be occupied as a temporary real estate office pursuant to Section 18.44.120(E).

C.    Model homes may be sold; however, the sale shall not be considered final until such time as the preliminary plat or short plat has been approved and recorded as a final plat or final short plat, except as otherwise provided herein by this regulation.

D.    All public and private roads providing access to the model homes shall be improved and maintained in a dust-free condition until such time as the permanent roads are established within the final plat.

E.    All necessary building and construction permits are required to be obtained. (Ord. 575 § 41, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)

(Ord. 548 § 2 (Exh. F) (part), 2007)

The community development department is the primary city department responsible for administration of this regulation. However, other city departments and other agencies are delegated specific review and approval responsibilities, in addition to the opportunity to comment on any proposal. (Ord. 548 § 2 (Exh. F) (part), 2007)

Please check with the county assessor-treasurer and auditor for current fees. (Ord. 548 § 2 (Exh. F) (part), 2007)

If any provision of this division or its application to any person or legal entity or circumstances is held invalid, the remainder of this division, or the application of the provision to other persons or legal entities or circumstances, shall not be affected. (Ord. 548 § 2 (Exh. F) (part), 2007)

Clustering provides a mechanism to cluster housing units within a residential development (usually single-family detached or attached housing) on smaller lots than those normally allowed under existing zoning, with the provision that the saved land is permanently set aside as open space or other recreational opportunities. This allows for more environmentally sensitive site planning by concentrating development on the buildable portion of the site while preserving natural drainage, vegetation, and other natural features promoting the public health, safety, and welfare. Through proper planning and design, each cluster development should include features which further, and are in compliance with, the following objectives:

A.    To allow for the design of developments that are architecturally and environmentally innovative; to achieve better utilization of land than is possible through standard zoning practices.

B.    To encourage land development that to the greatest extent possible preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage, and other natural ecologic conditions.

C.    To combine and coordinate architectural styles, building forms and structural/visual relationships within an environment that allows a myriad of single-family housing uses in an innovative and functionally efficient manner.

D.    To provide for abundant, accessible, and properly located public open and recreation space, private open and recreation space, schools, and other public and private facilities.

E.    To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximizes the allocation of fiscal and natural resources.

F.    To enable land developments to be compatible and congruous with adjacent and nearby development.

G.    To ensure that development occurs at proper locations, away from environmentally sensitive areas, and on land physically suited to construction.

H.    To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding neighborhoods. (Ord. 548 § 2 (Exh. F) (part), 2007)

Clustering decreases development costs by reducing street lengths, sidewalks, utility lines, and other site development costs. This in turn also helps to reduce the costs of infrastructure maintenance. Clustered housing planned developments (CHPDs) may be permitted as a conditional use in single-family zones. A CHPD is intended to enhance and preserve natural features, encourage the construction of affordable housing, and allow for development and design flexibility. (Ord. 548 § 2 (Exh. F) (part), 2007)

The clustering preliminary development plan shall consist of the following:

A.    Written Documents.

1.    A preapplication conference and submittals documents pursuant to Chapter 18.148 shall be required.

2.    If common open space is to be deeded to a homeowners’ association, a draft declaration of covenants and restrictions that will govern the association.

3.    Quantitative data for total number and type of dwelling units, parcel sizes, proposed lot coverage, total amounts of private, common, public open space and recreational areas.

B.    Site Requirements.

1.    The minimum size of a CHPD shall be two acres.

2.    The city may exclude land from a CHPD if it is separated from the site by topographical conditions, if it has a poor functional relationship with the site, or if inclusion of the land would negatively impact adjacent single-family zoned lots.

C.    Type of Dwelling Units Permitted. Any single-family dwelling units allowed within the single-family low density residential (LDR1/1), medium density residential (MDR4/1), or high density residential (HDR6/1) zones, pursuant to Section 18.40.070, shall be permitted in a CHPD.

D.    Number of Dwelling Units Permitted. The number of dwelling units (density) permitted in a CHPD shall be the same as the underlying density of the zone pursuant to Division 3 of this title, Development Standards—Zoning. Environmentally constrained lands may calculate density pursuant to Section 18.104.060, Transfer of development rights—Density transfer program. For CHPDs which include more than one zone, the number of dwelling units shall be calculated based on the proportion of land area in each zone.

E.    Subdivision. One-half of the total lots within a CHPD may be subdivided at twenty-five percent (25%) of the minimum size required within the underlying zoning density requirements designated by Division 3 of this title, Development Standards—Zoning.

F.    Setbacks. See Chapter 18.48, development standards. Setbacks of the reduced sized CHPD lots may use the next higher intensity zone setback standards. For example, LDR1/1 may use the MDR4/1 setbacks; MDR4/1 may use the HDR6/1 setbacks; and HDR6/1 may use a twenty-five percent (25%) setback reduction standard of the HDR6/1 zone.

G.    Lot Configuration. See Chapter 18.48, Table 18.48-1. The lot configuration of the reduced sized CHPD lots may use the circle requirement of the next higher intensity zone. For example, LDR1/1 may use the fifty-five (55) foot circle of the MDR4/1 zone; MDR4/1 may use the fifty (50) foot circle of the HDR6/1 zone; and the HDR6/1 may use the forty-five (45) foot circle requirement of the CC zone.

H.    Lot coverage shall not exceed fifty percent (50%).

I.    Yards. (An open space that lies between the principal building or building and the nearest lot line. The minimum required yard as set forth in Division 3 of this title, Development Standards—Zoning, is unoccupied and unobstructed from the ground upwards except as may be specifically provided in the development standards.) Yards shall be required for structures within a CHPD.

J.    Remaining lands within the CHPD not intended for residential uses or infrastructure requirements shall be placed in a separate tract with common ownership as an active or passive park for the benefit of the owners or future owners within that CHPD.

K.    The city may increase the minimum required yards or require alternate spacing or placement of structures in order to preserve or enhance topographical conditions, adjacent uses and the layout of the project and to maintain a compatible scale and design with the surrounding community. (Ord. 616 § 5, 2012; Ord. 548 § 2 (Exh. F) (part), 2007)

An owner of any legal lot may use this process to divide land to be developed for residential condominiums pursuant to Chapter 64.32 RCW. A binding site plan for a residential condominium project shall be based on either a recorded final planned unit development, a building permit issued for the entire project, or a conceptual site plan as set forth in Section 18.168.040. (Ord. 548 § 2 (Exh. F) (part), 2007)

(Reserved). (Ord. 548 § 2 (Exh. F) (part), 2007)

Whenever a binding site plan for a residential condominium development is proposed on a parcel of land for which a building permit has been issued for the entire project, the following must be satisfied prior to recording:

A.    A plan shall be prepared in a form prescribed by the designee which is adequate for permanent retention by the Thurston County records and elections division.

B.    The plan must be prepared by a registered land surveyor or civil engineer.

C.    The plan must substantially reflect the site plan approved for the building permit. Specific details not relevant to the division of land may be omitted.

D.    The plan must be verified by the designee for compliance with the approved building permit. The designee may require dedication of additional rights-of-way for public streets.

E.    The legal description and map must be verified by the city engineer. (Ord. 548 § 2 (Exh. F) (part), 2007)

The department shall issue a determination of completeness or incompleteness as required by Section 18.16.150, determination of completeness, after receiving an application for a binding site plan containing all information required by Section 18.148.030. (Ord. 548 § 2 (Exh. F) (part), 2007)

Whenever a binding site plan for a residential condominium project is proposed on a parcel of land for which neither a planned unit development nor a building permit has been approved for the entire parcel, the following must be satisfied prior to recording:

A.    A conceptual site plan that includes:

1.    Maximum number of dwelling units permitted.

2.    Approximate size and location of all proposed buildings.

3.    Approximate layout of an internal vehicular circulation system, including proposed ingress and egress.

4.    Approximate location of proposed open space, including required landscaped areas, if any.

5.    Approximate location of proposed parking areas.

6.    Location and size of utility trunk lines serving the site.

7.    Topography detailed to five-foot contours.

B.    The city shall distribute copies to departments and agencies having pertinent expertise or jurisdiction for review and comment.

C.    The city shall consider and base a decision to approve with or without conditions, deny or return the application on the following:

1.    Conformance of the proposed site plan with any approved building permit or any conditions on a portion of the site, and with any applicable codes and ordinances, of the state of Washington and the city. The city shall identify, to the extent feasible, conditions likely to be imposed on building permits related to dedication of right-of-way or open space, and tracts, easements or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety, and welfare. Such preliminary conditions shall not be binding at the time of building permit approval.

2.    The recommendations and comments of agencies having pertinent expertise or jurisdiction.

3.    The city may require dedication of additional road rights-of-way.

D.    Additional documents shall be submitted as necessary for review and approval, which may include a plat certificate, boundary survey, agreements, easements and covenants.

E.    The plan must be approved and signed by the city engineer.

F.    Prior to recording, the designee shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions or approval. Approval of a conceptual plan does not give the applicant a vested right to build without regard to subsequent changes in zoning or building codes or other applicable land use regulations prior to application for a building permit on the subject property. (Ord. 548 § 2 (Exh. F) (part), 2007)

Any decision of the designee shall be final unless appealed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 548 § 2 (Exh. F) (part), 2007)

The proposed binding site plan approved by the designee shall be recorded with the records and elections division within thirty (30) days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.32 RCW, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded binding site plan. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Amendment of a recorded residential condominium binding site plan shall be accomplished by following the same process as required for a new application as set forth in this chapter.

B.    Upon the request of the owner or owners of a legal lot or lots subject to a recorded binding site plan, the designee shall rescind all or a portion of a binding site plan; provided, that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short division.

C.    Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission are not required on the amended binding site plan or application for rescission. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Adjustments may be allowed which result in the combination of lots or parcels into one parcel to be utilized as one buildable parcel; provided, that it does not result in the adjustment of platted property which should be reviewed for compliance with the land division alteration process set forth by this division.

B.    The purpose of a lot combination is to provide an economical way of combining two or more properties into one lot. Lot combinations are legally binding and will reflect in the title history of the lot.

C.    The lot combination does not result in a change of legal description(s). (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Applications for a lot combination shall be submitted to the community development department.

B.    Criteria for approval of a lot combination requires compliance with the following:

1.    The lot combination does not create a parcel which results in the increase of a nonconformity of any lot or structure which does not currently meet the requirements of any applicable land use or environmental health regulation;

2.    The lot combination does not conflict with the land division alteration process set forth by this division. (Ord. 548 § 2 (Exh. F) (part), 2007)

A lot combination form shall be completed and submitted to the city for approval, which is then recorded with the county auditor. When the form is recorded with the county auditor, the lot combination shall be considered complete. (Ord. 548 § 2 (Exh. F) (part), 2007)

This chapter is intended to ensure compliance with the Survey Recording Act. A boundary line adjustment does not apply to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision. All proposals for boundary line adjustment shall be submitted to the city for approval. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    The boundary lines separating two lots of record may only be adjusted under the provisions of this chapter. Extinguishing such lot lines is not a boundary line adjustment subject to the requirements of this chapter. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations. Boundary line adjustments shall not:

1.    Create any additional lot, tract, parcel, site, or division;

2.    Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health code requirements and regulations. This provision shall not require individuals correct preexisting nonconformities or substandard conditions;

3.    Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;

4.    Create or diminish any easement or deprive any parcel of access or utilities;

5.    Increase nonconforming aspects of an existing nonconforming lot;

6.    Replat, amend, alter, or vacate a plat or short subdivision;

7.    Amend the conditions of approval for previously platted property; or

8.    Would otherwise result in a lot which is in violation of any other subdivision requirement.

B.    An application for a boundary line adjustment shall expire one year after a complete application has been filed with the city. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Applications for boundary line adjustments shall contain:

1.    The prescribed city forms.

2.    The required application fee.

3.    Six blueline copies of the map, by a professional land surveyor, that clearly shows the following information:

a.    No particular scale, but must be legible and clearly show property dimensions and location with distances from all structures to property lines, roads, easements, and drain fields, existing, within or adjacent to any affected lots;

b.    A north-pointing arrow;

c.    A one-inch margin shall be provided on all four sides of the map drawing;

d.    The drawing should not exceed eight and one-half inches by fourteen (14) inches in size. If survey is conducted, drawing must meet state drawing size standards of eighteen (18) inches by twenty-four (24) inches in size;

e.    The affected parcel number(s) and site address of all lots;

f.    The area of each proposed lot following the adjustment;

g.    The Quarter Section, Section, Township, and Range;

h.    The existing/original parcels labeled Parcel “A,” Parcel “B,” and so on;

i.    The revised/combined parcels labeled Parcel “A,” Parcel “B,” and so on;

j.    The proposed lines for all affected lots indicated by heavy solid lines;

k.    The existing lot lines proposed for change indicated by broken lines;

l.    The original legal description of the lots, together with new separate legal descriptions for each parcel, labeling them specifically as Parcel A, Parcel B, etc.;

m.    The position of rebar and caps set at each new property corner;

n.    The existing and proposed future method of sewage disposal for each affected lot;

o.    A statement on the map regarding the presence or nonpresence of any wells.

4.    A declaration of boundary line adjustment and covenants document must contain the complete and accurate legal description, including any recorded easements and parcel number(s) of the existing/original and revised/combined parcels. When completed, the document must contain the notarized acknowledgments and signatures of all involved parties (excluding lenders).

5.    Deeds, deeds of trust, or mortgage releases if ownership is being transferred.

6.    The declaration of boundary line adjustment and covenants must be typed or clearly printed with dark ink and be notarized. It must meet exact state-required margins, with the first page having a three-inch top margin and one-inch side and bottom margins and all other sheets having a one-inch margin on all sides.

B.    The items in capital letters shall be placed on the map:

1.    The map title shall read, “BOUNDARY LINE ADJUSTMENT NO. ____________ (the application number shall be provided by the city)”;

2.    “RECORD OF SURVEY BY RECORDING NO. ___________ (provide County Record of Survey recording number)”;

3.    “THIS BOUNDARY LINE ADJUSTMENT IS NOT A PLAT, REPLAT, OR SUBDIVISION”;

4.    “APPROVAL OF A BOUNDARY LINE ADJUSTMENT IS NOT A GUARANTEE THAT FUTURE PERMITS WILL BE GRANTED FOR ANY STRUCTURE OR DEVELOPMENT WITHIN A LOT AFFECTED BY A BOUNDARY LINE ADJUSTMENT”; and

5.    “THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND CHAPTER 332-130 WAC.”

6.    The drawing of record shall contain all survey information required for a record of survey under the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC.

C.    The following signature blocks are required:

(Ord. 548 § 2 (Exh. F) (part), 2007)

A.    An application will be deemed complete when in conformance with Section 18.176.030.

B.    A complete application shall be reviewed and either approved, returned to the applicant for modifications, or denied within thirty (30) days of its receipt by the city.

C.    A title report shall be provided to the city that is not more than sixty (60) days old prior to the date of the city’s approval of the boundary line adjustment. The accuracy of the title report, declaration, and the associated deeds are the responsibility of the applicant. The city assumes no liability for errors or complications arising therefrom. Applicants may wish to have the documents reviewed by a licensed land surveyor and/or title officer to ensure the information is correct and accurate.

D.    The city may refer boundary line adjustments to various departments or agencies for comment to ensure it does not impair drainage, water supply, existing or future sanitary sewage disposal, access or easements for vehicles, utilities, or fire protection for any lot. Department and agency are provided a fifteen (15) day comment period, and reviewers may include the city engineer, fire marshal, public works director, health department, the assessor, or others determined necessary by the city.

E.    Following receipt of any comments, but not later than thirty (30) days from receipt of a complete application, the city shall consider those comments and shall approve or deny the application. Comments may be required to be detailed under a notes section on the boundary line adjustment.

F.    If the application is approved, the signature blocks identified in Section 18.176.030(C) shall be fully executed prior to recording, along with deeds of conveyance (when the adjusted boundary separates different ownerships). The deeds of conveyance shall be signed by parties disclosed in the title report.

G.    The application shall be null and void if the map, record of survey, and required deeds of conveyance have not been recorded within sixty (60) days of the city’s approval.

H.    An aggrieved person may appeal a boundary line adjustment decision pursuant to Section 18.16.080(D), Process I—Administrative approval. However, the city council’s decision is final. (Ord. 548 § 2 (Exh. F) (part), 2007)

The purpose of this title is to establish a process by which zoning master plans can be developed and approved for large properties within the city and urban growth areas. Also, it is intended to create greater flexibility and creativity of zoning within the city as follows:

A.    To make provision for integrated planning of parcels of land;

B.    To ensure that future growth and developments which occur by virtue of master plans do so in accord with the comprehensive plan and the planning policies of the city;

C.    To require all plats and binding site plans to be consistent with the terms of the master plan as subdivisions are considered and approved in the future;

D.    To provide for large scale projects that incorporate a full range of land uses, where appropriate and where consistent with the comprehensive plan;

E.    To encourage the provision of more usable and suitably located recreational facilities and other public services than would otherwise be provided under conventional zoning;

F.    To foster and ensure a rational pattern of compatibility between residential, business and industrial uses so as to complement and minimize impacts on existing neighborhoods;

G.    To provide for use of planned actions under SEPA and relevant agreements to provide a degree of continuity to larger developments. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Master plans under this chapter shall be characterized as zoning overlays which address the physical layout of the site but do not lay out individual building sites. Individual building sites will be administered under the provisions for subdivision or binding site plan. Application of a master plan to land is a Process IV quasi-judicial process pursuant to Section 18.16.110(B)(2) and is consistent as a project action zoning amendment process. The master plan shall be consistent with the comprehensive plan and planning policies. Master plans may be applied to county land within Rainier’s urban growth areas subject to annexation, and constitutes pre-annexation zoning for such lands.

B.    Master plans and comprehensive plan amendments may be processed jointly. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    Complete Application—Textual. In addition to requirements of Section 18.16.140, Project permit applications, application submittals shall also include:

1.    Master plan application;

2.    The name, address, zip code and telephone number of applicant and all landowners. If not the owner, a notarized owner/agent agreement;

3.    The names and addresses of all property owners located within one thousand (1,000) feet of the property included in the master plan;

4.    The legal description and tax parcel number(s) of the property in the master plan;

5.    The existing zoning and plan designation on the subject property, the existing subdivision standards, the existing stormwater control and treatment standards, and existing critical area criteria;

6.    The acreage proposed within the master plan for each proposed zone type and for residential zones, the density and specific zone designation;

7.    The location and availability of public facilities such as water, sewer, schools, fire districts, etc.;

8.    Anticipated phasing of development;

9.    Preliminary development plans and other required supplementary reports;

10.    Environmental checklist. Identification through the SEPA process of potential major anticipated adverse environmental impacts and general mitigating measures, including off-site improvements, which may be incorporated in the master plan; and

11.    Other information such as zoning, subdivision standards, stormwater control requirements, road standards and critical area criteria.

B.    Completed Application—Maps. The applicant shall provide the following map information:

1.    A vicinity drawing showing the location of the site and its relationship to surrounding areas;

2.    Parcel boundaries and uses proposed for each parcel;

3.    Streets, highways, and freeways that will serve the development;

4.    The location by site of uses to be made of the property, including boundaries of use areas, range of densities and types of uses;

5.    Any changes proposed in zoning or development plans;

6.    Transportation plans, with proposed major roads, points of ingress, and the relationship to existing and area transportation facilities;

7.    Existing site conditions, including water courses, wetlands, floodplains, unique natural features, forest cover, steep slopes and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant.

C.    SEPA Compliance. Provisions of Division 4 of this title, State Environmental Policy Act (SEPA), shall apply as a project action approach for master plan approval.

D.    Complete Application. The planning department shall commence project review and notification procedures after issuance of a determination of completeness pursuant to Section 18.16.150. (Ord. 548 § 2 (Exh. F) (part), 2007)

A.    The master plan application shall be reviewed pursuant to Section 18.16.110, Process IV—Quasi-judicial.

B.    The master plan approval by city council shall be considered a final action and shall be considered an amendment to the zoning map of the city of Rainier. (Ord. 548 § 2 (Exh. F) (part), 2007)

A master plan approved by the city council and affirmed by a court on any review, should there be one, shall constitute the zoning for the area described therein for a period of twenty (20) years unless mutually agreed by the city and the responsible developer. The responsible developer shall be the party initiating the master plan process or a successor designated in writing. (Ord. 548 § 2 (Exh. F) (part), 2007)

Subdivisions, binding site plans, and other development proposals authorized by the Rainier Municipal Code, when consistent with the provisions of the master plan, may be approved concurrent with, or subsequent to, approval of the master plan.

A.    Plats. When any parcel of land in any master plan is intended for individual ownership, lease or sale, the platting and procedural requirements of this division shall be followed. Applications for preliminary or short subdivision approval may be submitted simultaneously, and processed concurrently, with an application for a master plan or any associated project approval.

B.    Binding Site Plans. For any portion of the master plan, the city may approve a binding site plan for commercial or mixed use sites. The city may attach terms and conditions to the approval of the site plan if necessary to ensure compliance with the master plan. Processing of any preliminary plat or short subdivision, or binding site plan shall be as provided under this division.

C.    Final Plat Approval. An application for final plat approval within a master plan shall be submitted to the Rainier planning department. The platting and procedural requirements of Division 6 of this title, or as amended, pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed.

D.    Development Agreements. The terms and conditions of any approvals set forth in this chapter may be set out in a development agreement as authorized under Chapter 36.70B RCW and RCW 82.02.020.

E.    Vesting. An application is considered vested upon determination of a complete application pursuant to provisions of Section 18.16.150, determination of completeness.

F.    Severability. Should any provision or chapter be found by a competent court with jurisdiction to be contrary to applicable law, the remainder of the provisions or sections shall remain valid and in force. (Ord. 548 § 2 (Exh. F) (part), 2007)