620 - PROCEDURE FOR SUBDIVISION17
Editor's note— Ord. No. 1132, § 2(Exh. A), adopted July 11, 2013, amended Ch. 18.620 in its entirety to read as herein set out. Former Ch. 18.620, §§ 18.620.010—18.620.160, pertained to similar subject matter, and derived from Ord. No. 1108, § 2, 7-26-2012; Ord. No. 825, §§ 1, 2, 2003; Ord. No. 802, § 12(part), 2002; Ord. No. 774, §§ 20—23, 1999; Ord. No 691, §§ 16, 17, 1996; Ord. No. 676, § 1(part), 1995.
A.
It is unlawful for any person to divide land so as to constitute a subdivision within the city, or to enter into any contract for the sale or lease of any lot in a preliminary subdivision, without first complying with the provisions of this title applicable to such division of land.
B.
The city expressly requires plat approval of divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land.
C.
The planned unit development (PUD) process found in Chapter 18.401 is optional. When used, the PUD shall be completed in conjunction with a subdivision consistent with this chapter.
D.
Whenever a proposed PUD involves the creation of ten or more new lots, regardless of size, a separate subdivision application shall be filed and considered at the same time as the PUD application.
E.
Adjustments to the design and improvement standards of this chapter shall be made through the subdivision process, as specified in Chapter 18.350, as allowed through the PUD process, or as provided through the modification process provided by the Ridgefield Engineering Standards for Public Works.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1234, § 2(Exh. A), 6-22-2017)
A.
The purpose of a subdivision pre-application conference is to provide a potential subdivider with basic information concerning the following:
1.
The availability and location of services and facilities;
2.
The existing land use regulations, such as comprehensive plan and zoning designations;
3.
Other such public data which would be helpful in the decision to subdivide.
B.
The prospective subdivider will arrange for his proposal to be reviewed by the development review team in a pre-application conference by submitting one original and three paper copies of all application materials, as well as electronic copies of all materials that include graphic and text files to the city clerk.
C.
An applicant for pre-application shall submit the following:
1.
Subdivision name (if any);
2.
Name, mailing address and telephone number of owner and/or developer and preparer of the application;
3.
Date;
4.
Approximate acreage;
5.
Comprehensive plan and zoning designation;
6.
Existing and proposed land uses;
7.
Land being considered for park or open space if applicable;
8.
Legal description, assessor's map, topographic map and aerial photograph;
9.
Land controlled by applicant located within one thousand feet of the proposed subdivision;
10.
Environmental checklist/EIS if applicable;
11.
Drawing or a proposed subdivision plat (drawn to some indicated scale) with north arrow, date, lot configuration, park or open space area proposed, existing buildings and existing easements;
12.
Any other items or details the applicant believes would assist the development team in its review.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
An application for a subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a representative of any governmental agency if the subdivision is sought for a governmental purpose and such application shall be filed with the city.
1.
The prospective subdivider shall submit one original copy of application materials, as well as one electronic copy of all materials. The application shall contain the following:
a.
The entire lot or parcel constituting the applicants land;
b.
Proposed name of the subdivision this name shall not duplicate any name used on a recorded plat or subdivision in Clark County, including the municipalities of Clark County;
c.
Accurate and complete legal description of the proposed subdivision;
d.
Scale, north arrow and date;
e.
Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets;
f.
Location and size of water and sewer lines utility easements: and drainage system proposed to serve the lots within the proposed subdivision and their point of connections with existing services;
g.
Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;
h.
Location of any streets, rights-of-way or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose and nature;
i.
External cross circulation and/or joint access in compliance with applicable provisions of the Ridgefield Engineering Standards.
j.
Contour lines at two-foot elevation intervals for slopes less than twenty-five percent and five-foot elevation intervals for slopes equal to or more than twenty-five percent;
k.
Accurate mapping of sensitive lands, including wetlands, stream corridors, slopes of fifteen to twenty-four percent, slopes of twenty-five percent and greater, floodplains and slope hazard areas;
l.
If a subdivision is proposed concomitantly with a planned unit development, the application requirements of Chapter 18.401 must also be met;
m.
Name, mailing address and telephone number owner and/or developer and/or preparer of information;
n.
Environmental checklist;
o.
Names and addresses of adjacent land owners shown on the records of the Clark County assessor located within three hundred feet of any portion of the boundary the proposed subdivision;
p.
Modifications or variations requested, if any;
q.
Copy of the plat map reduced to fit on eight and one-half by eleven-inch paper;
r.
Map of dedication showing all land dedicated to the public for the purpose of roadway, drainage, flood control, utility line, emergency or service vehicle access, or other public use, and all easement rights dedicated for private purposes, including, but not limited to, trails, open space, parks, and storm ponds. If a covenant is required by the city, the verbiage including the timing for payment or construction of the proportional share of said amenities and facilities must be shown on said map. If the city requires a covenant that runs with the land to ensure the construction and maintenance of private improvements identified on the map of dedication, the map of dedication shall include a note describing the timing of payment or construction of the required public or private facilities or improvements and shall also include a note indicating the grantors proportionate share of the required public or private facilities or improvements; and
s.
Tree preservation and protection plan, meeting the submittal requirements of RDC 18.840.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1296, § 2(Exh. A), 10-10-2019; Ord. No. 1372, § 2(Exh. H), 10-13-2022; Ord. No. 1426, § 2(Exh.), 7-25-2024)
No subdivision application will be processed until the planning director finds the application to be technically complete. The standards in effect at the time an application is determined to be technically complete shall apply to the review of the subdivision proposal.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
Upon the filing of an application for a subdivision with the city clerk, the city clerk shall supply notice of the date, hour and location of the public hearing, together with a copy of the preliminary plat to the following agencies and departments, if appropriate:
A.
Department of public works;
B.
Clark County Fire and Rescue;
C.
City police department;
D.
Southwest Washington Health District;
E.
Ridgefield school district;
F.
Local office of the Washington State Department of Ecology;
G.
Local office of the United Natural Resource Conservation Service;
H.
Clark Public Utilities (CPU);
I.
The office of any telephone company servicing the area;
J.
The office of any natural gas company servicing the area;
K.
Any other affected utility company or any other pertinent agency;
L.
Copy to members of the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
The city hearing examiner shall review the proposed subdivision through a Type III process consistent with RDC 18.310.080 and determine whether the following standards are satisfied by the proposed subdivision:
1.
Conformance with the provisions of the city zoning ordinance;
2.
Conformance with RUACP;
3.
Conformance with the provisions of this title;
4.
Appropriate provisions for:
a.
Public health, safety and welfare,
b.
Open spaces,
c.
Drainage systems for stormwater retention and detention,
d.
Streets, sidewalks, alleys and other public ways, transit stops, and other features that assure safe walking conditions for students,
e.
Potable water supplies,
f.
Sanitary waste disposal,
g.
Open spaces, parks and recreation, and playgrounds,
h.
Sites for schools and school grounds;
5.
Based upon subsections (A)(1) through (A)(4) of this section, that the public use and interest will be served and not burdened.
B.
The planning director shall provide a copy of the hearing examiner's decision to the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1232, § 2(Exh. A), 4-27-2017)
Editor's note— Ord. No. 1207, § 2(Exh. A), adopted May 26, 2016, amended the title of § 18.620.050 to read as set out herein. Former § 18.620.050 was titled, "Review by review authority—Recommendation required."
An appeal of a final decision is governed by Section 18.310.100(D).
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
As an alternative to construction of required public improvements prior to final plat approval, the subdivider shall provide a surety bond or other secure method acceptable to the finance director which provides for and secures the city the actual construction of the public improvements.
B.
The value of the bond or security shall be one hundred twenty percent of the estimated costs of the improvements. The estimated cost shall be based upon the approved preliminary plat drawings and shall contain a certification from the developer, contractor and/or engineer that the costs are a best approximation of the actual construction costs.
C.
An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application including the estimated cost of improvements and the general terms of the security agreement shall be subject to review and approval by the city engineer who shall notify the subdivider of approval or rejection of the application within fourteen days after its filing.
D.
Private improvements shall be completed prior to final plat approval.
E.
After tentative approval of an application has been given by the city engineer as provided in subsection C of this section, the subdivider shall submit the bond or other method of security to the finance director for final review and approval.
F.
The subdivider shall comply with the bonding requirements in RDC 18.401.120.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1370, § 2(Exh. A), 9-8-2022)
A.
Consistent with RCW 58.17.140, approval of preliminary plats of proposed subdivisions shall expire five years from the date of final approval thereof, with the following exceptions:
1.
Approval of preliminary plats of proposed subdivisions filed on or before December 31, 2014, shall expire seven years from the date of city council approval thereof, except as provided by (2) of this subsection.
2.
Approval of preliminary plats of proposed subdivision filed on or before December 31, 2007, shall expire ten years from the date of city council approval thereof, provided:
a.
The proposed subdivision is not subject to the Shoreline Management Act; and
b.
The preliminary plat did not otherwise expire prior to July 28, 2013.
B.
Extensions. A preliminary plat may be extended for a period of up to two years upon application. Approval of the extension shall be done by the city council through a development agreement. Extensions are subject to the following criteria and conditions:
1.
The applicant must make written requests for an extension at least sixty days prior to the expiration of the preliminary plat approval;
2.
There have not been any substantial changes in the laws governing the development of the plat with which lack of compliance would be contrary to public health, safety and welfare;
3.
The extension is conditioned upon compliance with current requirements in effect at the time of approval;
4.
The applicant shall demonstrate that the applicant has pursued final platting in good faith in light of surrounding circumstances but has been delayed:
a.
By extensive environmental permitting times;
b.
Extensive studies required by conditions of approval which took longer than anticipated; or
c.
There are specific verifiable extenuating circumstances or conditions beyond the control of the applicant as deemed appropriate by the city council.
C.
Phasing. Subdivisions, approved for multi-phased development, may apply for final plat approval by phase, in the following manner:
1.
The first phase of development shall apply for final plat approval within five years from the date of the issuance of the final order approving the phased development;
2.
The developer shall apply for final plat approval within five years after the city council approves the final plat of the first phase;
3.
Subsequent phases shall apply for final plat approval within five years after the city council approves the final plat for the preceding phase; and
4.
The sequence of final plat approval for each phase is discretionary, subject to approval by the city engineer, e.g., final plat approval of phase three does not have to follow final plat approval of phase two.
D.
Hearing. The city council shall hold a public hearing within sixty days of receipt of an extension request and proposed development agreement. The development agreement shall be reviewed consistent with the procedure outlined in RDC 18.310.150.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1406, § 2(Exh. A), 7-13-2023)
After approval of the preliminary plat for the proposed subdivision, the land owner or developer shall submit plans for inspection and approval by the city engineer, city planner and city attorney. No consultation with the foregoing consultants by the land owner or developer shall be permitted until a deposit is made for plat inspection and review in accordance with the fee schedule adopted in Chapter 18.060. The plans for review and inspection shall be filed with the city clerk or the city engineer and shall contain an electronic copy and two paper copies, both in a format prescribed by the city, of the following:
A.
An application form which shall include:
1.
Subdivision name,
2.
Name, mailing address and telephone number of owner and/or developer and a surveyor of the plat,
3.
Date,
4.
Acreage,
5.
Number of lots,
6.
Zoning designation.
B.
A Mylar, a sepia, and four paper copies of the map shall be provided, and shall include the following:
1.
Subdivision name,
2.
Legend,
3.
Location, including a quarter section, township, range, and as applicable donation land claim and/or subdivision,
4.
Boundary survey,
5.
Lot, block and street right-of-way and center line dimensions,
6.
Street names,
7.
Scale, including graphic scale, arrow north and paces of bearings,
8.
Identification of areas to be dedicated,
9.
Surveyor certificate, stamp, date and signature,
10.
Signature blocks for the city engineer, city clerk, planning director and mayor,
11.
Special setbacks, if any,
12.
Easements, if any,
13.
Utility easements,
14.
Sidewalks;
C.
A legal description of the boundary which has been certified by the land surveyor shall be provided, with seal and signatures, being an accurate description of the lands actually surveyed;
D.
Restrictions and covenants shall be provided if applicable;
E.
All plats within a transportation corridor combining district shall either indicate:
1.
The location of all curb cuts existing in the future consistent with the development plan of the transportation corridor. All lots to be created shall have direct access to the curb cuts, or
2.
The final plat application or the short plat application shall include copies of binding agreements to be conveyed with parcel ownership granting access from parcels with no curb cuts to adjacent parcels with approved curb cuts. Agreements may be easements or an access plan file with the county, subject to review and approval by the superintendent of public works and planning director.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1253, § 2(Exh. A), 12-7-2017; Ord. No. 1290, § 2(Exh. A), 4-25-2019)
A.
Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, three copies thereof, and a current title report, and required fees.
B.
Each final plat shall be prepared by a land surveyor registered in the state and certified by the surveyor to be a true and correct representation of lands actually surveyed by him.
C.
The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW 18.90) as it now exists or is hereafter amended.
D.
The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision.
E.
Permanent survey monuments shall be placed at all lot corners and street intersections.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1253, § 2(Exh. A), 12-7-2017)
Each final plat submitted for approval shall be in conformance with the conditions of preliminary plat and map of dedication approval. Minor deviations may be permitted by the city council because of unforeseen technical or engineering problems.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be twenty-two inches by thirty-four inches or twenty-four inches by thirty-six inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator:
A.
Date, north arrow and scale;
B.
Name of subdivision;
C.
Accurate and complete legal description of the subdivision on the face of the final plat;
D.
A complete survey of the section or sections in which the plat or re-plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in five thousand feet;
E.
Boundary lines of the subdivision of the proposed lots therein of the rights-of-way for any streets, highways, roads, easements or other uses and of dedications all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves;
F.
Notation and description of any protective improvements or dedications required by the city council or otherwise provided for;
G.
Reference to any recorded subdivision or short subdivision adjoining the subdivision;
H.
Name and right-of-way width of each street or other right-of-way;
I.
Location, dimensions and purpose of any easements;
J.
Number to identify each lot and block;
K.
Purpose for which sites, other than residential lots, are dedicated or reserved;
L.
Certificate by the surveyor certifying to the accuracy of the survey and plat in substantially the following form:
I, ___________, a Professional Land Surveyor, do hereby certify that the plat of _______ is based upon an actual survey and subdivision of Section _______, Township _______, Range _______; that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat.
___________
(Surveyor's Signature and Seal);
M.
Dedication by the owner of streets, rights-of-way, easements and any sites for private, semiprivate, or public use;
N.
The signature of the planning director, city engineer, or appointed representative acting on behalf of the city. Signature by the city representative shall certify that the subdivider has either:
1.
Completed all public and private improvements in accordance with these regulations and with the action of the city council, or
2.
Submitted a bond or other method of security, approved by the city engineer, that is sufficient to assure completion of required improvements, in accordance with the provisions of Section 18.620.070 and all approved plans. The city engineer may condition or deny the use of a bond or other security based on the following factors:
a.
The timeline for construction in light of the deadlines for the final plat and the applicant's progress toward the completion of the facilities to be bonded;
b.
Whether the improvements necessary for vehicular access, emergency access, stormwater management, and general safety are available to meet the impacts of any permitted construction;
c.
The potential consequences of any construction of homes or other development before the necessary public facilities are installed and approved;
d.
The ability of the city to enter the property to construct the improvements; and
e.
Any other factors that may affect public health and safety
O.
The signature of the administrator which shall certify that the final plat conforms with the conditions of approval for the preliminary plat of the subdivision;
P.
A space for the signature of the mayor whose signature shall evidence the approval of the final plat by the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
A.
Upon receipt of a proposed final plat, the city council shall at their next public meeting set a date for consideration of the final plat at a public meeting. Notice of the date, time and location of the public meeting shall be posted.
B.
The city council shall review the final plat during the public meeting and shall approve the final plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval, applicable state laws, and that the final plat meets the requirements of this title as it existed at the time of preliminary plat approval.
C.
Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evidence of city council approval.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
All final plats and maps of dedication approved by the city council shall be filed for record immediately, or as soon as possible, by the subdivider at the Clark County auditor's office. The subdivider is responsible for all filing fees. Any final plat filed record containing a dedication shall be accompanied by current title report.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
A.
Every subdivision shall have a homeowners' association and agreements to fund such an organization in order to secure appropriate provision of and ensure ongoing management of open space, recreation areas, infrastructure, and other common facilities as required by RDC 18.620.050.A.4.
1.
Before approval of the final plat may be granted, the developer shall submit to the city covenants, deeds and/or homeowners' association bylaws and other documents. These documents shall be reviewed and approved by the city attorney and planning director to insure that they comply with the requirements of this chapter prior to approval of the final plat by the city. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition of any final plat approval. These documents shall address:
a.
Maintenance of Lots, Buildings and Facilities. The covenants, declarations and restrictions shall provide that buildings, utilities and facilities on individual lots shall be maintained by the property owner in accordance with city codes and the requirements of such covenants, declarations and restrictions.
b.
Maintenance of Private Common Areas and Infrastructure. All common open space, community facilities, stormwater facilities, private roads and drives, and all other commonly owned and operated property located within the development shall be maintained in perpetuity by the homeowners' association. The covenants, declarations and restrictions shall provide for the maintenance of all common areas and infrastructure by the homeowners' association in accordance with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide authority for the city, after providing reasonable written notice to the homeowners' association and opportunity to perform required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the homeowners' association to adequately maintain privately owned improvements, including a lien on the property or other appropriate assurance device, as determined by the city.
2.
A homeowners' association bylaws, once reviewed and approved by the city, shall contain the following provisions:
a.
The following clause: "Changes in these documents must be approved by the city of Ridgefield through the city council or if the council designates an agency or department, by that agency or department." Any changes suggested shall be reviewed by the city attorney, who will make a written report to the city council concerning the effect of the proposed changes. The cost of review by the city attorney will be paid by the homeowners' association;
b.
A clause whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common;
c.
Subject to due process, the city may enforce the terms of the covenants, conditions and restrictions and place a lien on property if the city is compelled to correct a problem which threatens public health, safety or welfare, or is compelled to undertake construction, repairs or modifications necessary to protect or preserve public property or facilities.
(Ord. No. 1178, § 2(Exh. A), 2-12-2015; Ord. No. 1296, § 2(Exh. A), 10-10-2019; Ord. No. 1406, § 2(Exh. A), 7-13-2023; Ord. No. 1426, § 2(Exh.), 7-25-2024)
A.
The alteration or vacation of final plats filed for record in the office of the Clark County auditor shall comply with the provisions of Chapter 58.17 Revised Code of Washington.
B.
Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.
C.
Upon the request of a public hearing, the city clerk shall supply notice of public hearing in accordance with RDC 18.620.040.
D.
All petitions for plat alterations or vacations shall be reviewed by the city hearing examiner and a recommendation made thereon to the city council prior to city council action.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1406, § 2(Exh. A), 7-13-2023)
A.
The vacation of any street within a final plat filed for record in the office of the Clark County auditor shall comply with the provisions of Chapter 35.79, Revised Code of Washington.
B.
All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the city hearing examiner and a recommendation made thereon to the city council prior to city council action.
C.
The abutting property owners of any street, alley or other public way to be vacated shall compensate the city in an amount equal to the proportionate amount of value of the area to be vacated.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
620 - PROCEDURE FOR SUBDIVISION17
Editor's note— Ord. No. 1132, § 2(Exh. A), adopted July 11, 2013, amended Ch. 18.620 in its entirety to read as herein set out. Former Ch. 18.620, §§ 18.620.010—18.620.160, pertained to similar subject matter, and derived from Ord. No. 1108, § 2, 7-26-2012; Ord. No. 825, §§ 1, 2, 2003; Ord. No. 802, § 12(part), 2002; Ord. No. 774, §§ 20—23, 1999; Ord. No 691, §§ 16, 17, 1996; Ord. No. 676, § 1(part), 1995.
A.
It is unlawful for any person to divide land so as to constitute a subdivision within the city, or to enter into any contract for the sale or lease of any lot in a preliminary subdivision, without first complying with the provisions of this title applicable to such division of land.
B.
The city expressly requires plat approval of divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land.
C.
The planned unit development (PUD) process found in Chapter 18.401 is optional. When used, the PUD shall be completed in conjunction with a subdivision consistent with this chapter.
D.
Whenever a proposed PUD involves the creation of ten or more new lots, regardless of size, a separate subdivision application shall be filed and considered at the same time as the PUD application.
E.
Adjustments to the design and improvement standards of this chapter shall be made through the subdivision process, as specified in Chapter 18.350, as allowed through the PUD process, or as provided through the modification process provided by the Ridgefield Engineering Standards for Public Works.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1234, § 2(Exh. A), 6-22-2017)
A.
The purpose of a subdivision pre-application conference is to provide a potential subdivider with basic information concerning the following:
1.
The availability and location of services and facilities;
2.
The existing land use regulations, such as comprehensive plan and zoning designations;
3.
Other such public data which would be helpful in the decision to subdivide.
B.
The prospective subdivider will arrange for his proposal to be reviewed by the development review team in a pre-application conference by submitting one original and three paper copies of all application materials, as well as electronic copies of all materials that include graphic and text files to the city clerk.
C.
An applicant for pre-application shall submit the following:
1.
Subdivision name (if any);
2.
Name, mailing address and telephone number of owner and/or developer and preparer of the application;
3.
Date;
4.
Approximate acreage;
5.
Comprehensive plan and zoning designation;
6.
Existing and proposed land uses;
7.
Land being considered for park or open space if applicable;
8.
Legal description, assessor's map, topographic map and aerial photograph;
9.
Land controlled by applicant located within one thousand feet of the proposed subdivision;
10.
Environmental checklist/EIS if applicable;
11.
Drawing or a proposed subdivision plat (drawn to some indicated scale) with north arrow, date, lot configuration, park or open space area proposed, existing buildings and existing easements;
12.
Any other items or details the applicant believes would assist the development team in its review.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
An application for a subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a representative of any governmental agency if the subdivision is sought for a governmental purpose and such application shall be filed with the city.
1.
The prospective subdivider shall submit one original copy of application materials, as well as one electronic copy of all materials. The application shall contain the following:
a.
The entire lot or parcel constituting the applicants land;
b.
Proposed name of the subdivision this name shall not duplicate any name used on a recorded plat or subdivision in Clark County, including the municipalities of Clark County;
c.
Accurate and complete legal description of the proposed subdivision;
d.
Scale, north arrow and date;
e.
Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets;
f.
Location and size of water and sewer lines utility easements: and drainage system proposed to serve the lots within the proposed subdivision and their point of connections with existing services;
g.
Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;
h.
Location of any streets, rights-of-way or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose and nature;
i.
External cross circulation and/or joint access in compliance with applicable provisions of the Ridgefield Engineering Standards.
j.
Contour lines at two-foot elevation intervals for slopes less than twenty-five percent and five-foot elevation intervals for slopes equal to or more than twenty-five percent;
k.
Accurate mapping of sensitive lands, including wetlands, stream corridors, slopes of fifteen to twenty-four percent, slopes of twenty-five percent and greater, floodplains and slope hazard areas;
l.
If a subdivision is proposed concomitantly with a planned unit development, the application requirements of Chapter 18.401 must also be met;
m.
Name, mailing address and telephone number owner and/or developer and/or preparer of information;
n.
Environmental checklist;
o.
Names and addresses of adjacent land owners shown on the records of the Clark County assessor located within three hundred feet of any portion of the boundary the proposed subdivision;
p.
Modifications or variations requested, if any;
q.
Copy of the plat map reduced to fit on eight and one-half by eleven-inch paper;
r.
Map of dedication showing all land dedicated to the public for the purpose of roadway, drainage, flood control, utility line, emergency or service vehicle access, or other public use, and all easement rights dedicated for private purposes, including, but not limited to, trails, open space, parks, and storm ponds. If a covenant is required by the city, the verbiage including the timing for payment or construction of the proportional share of said amenities and facilities must be shown on said map. If the city requires a covenant that runs with the land to ensure the construction and maintenance of private improvements identified on the map of dedication, the map of dedication shall include a note describing the timing of payment or construction of the required public or private facilities or improvements and shall also include a note indicating the grantors proportionate share of the required public or private facilities or improvements; and
s.
Tree preservation and protection plan, meeting the submittal requirements of RDC 18.840.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1232, § 2(Exh. A), 4-27-2017; Ord. No. 1296, § 2(Exh. A), 10-10-2019; Ord. No. 1372, § 2(Exh. H), 10-13-2022; Ord. No. 1426, § 2(Exh.), 7-25-2024)
No subdivision application will be processed until the planning director finds the application to be technically complete. The standards in effect at the time an application is determined to be technically complete shall apply to the review of the subdivision proposal.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
Upon the filing of an application for a subdivision with the city clerk, the city clerk shall supply notice of the date, hour and location of the public hearing, together with a copy of the preliminary plat to the following agencies and departments, if appropriate:
A.
Department of public works;
B.
Clark County Fire and Rescue;
C.
City police department;
D.
Southwest Washington Health District;
E.
Ridgefield school district;
F.
Local office of the Washington State Department of Ecology;
G.
Local office of the United Natural Resource Conservation Service;
H.
Clark Public Utilities (CPU);
I.
The office of any telephone company servicing the area;
J.
The office of any natural gas company servicing the area;
K.
Any other affected utility company or any other pertinent agency;
L.
Copy to members of the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
The city hearing examiner shall review the proposed subdivision through a Type III process consistent with RDC 18.310.080 and determine whether the following standards are satisfied by the proposed subdivision:
1.
Conformance with the provisions of the city zoning ordinance;
2.
Conformance with RUACP;
3.
Conformance with the provisions of this title;
4.
Appropriate provisions for:
a.
Public health, safety and welfare,
b.
Open spaces,
c.
Drainage systems for stormwater retention and detention,
d.
Streets, sidewalks, alleys and other public ways, transit stops, and other features that assure safe walking conditions for students,
e.
Potable water supplies,
f.
Sanitary waste disposal,
g.
Open spaces, parks and recreation, and playgrounds,
h.
Sites for schools and school grounds;
5.
Based upon subsections (A)(1) through (A)(4) of this section, that the public use and interest will be served and not burdened.
B.
The planning director shall provide a copy of the hearing examiner's decision to the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1232, § 2(Exh. A), 4-27-2017)
Editor's note— Ord. No. 1207, § 2(Exh. A), adopted May 26, 2016, amended the title of § 18.620.050 to read as set out herein. Former § 18.620.050 was titled, "Review by review authority—Recommendation required."
An appeal of a final decision is governed by Section 18.310.100(D).
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
A.
As an alternative to construction of required public improvements prior to final plat approval, the subdivider shall provide a surety bond or other secure method acceptable to the finance director which provides for and secures the city the actual construction of the public improvements.
B.
The value of the bond or security shall be one hundred twenty percent of the estimated costs of the improvements. The estimated cost shall be based upon the approved preliminary plat drawings and shall contain a certification from the developer, contractor and/or engineer that the costs are a best approximation of the actual construction costs.
C.
An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application including the estimated cost of improvements and the general terms of the security agreement shall be subject to review and approval by the city engineer who shall notify the subdivider of approval or rejection of the application within fourteen days after its filing.
D.
Private improvements shall be completed prior to final plat approval.
E.
After tentative approval of an application has been given by the city engineer as provided in subsection C of this section, the subdivider shall submit the bond or other method of security to the finance director for final review and approval.
F.
The subdivider shall comply with the bonding requirements in RDC 18.401.120.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1370, § 2(Exh. A), 9-8-2022)
A.
Consistent with RCW 58.17.140, approval of preliminary plats of proposed subdivisions shall expire five years from the date of final approval thereof, with the following exceptions:
1.
Approval of preliminary plats of proposed subdivisions filed on or before December 31, 2014, shall expire seven years from the date of city council approval thereof, except as provided by (2) of this subsection.
2.
Approval of preliminary plats of proposed subdivision filed on or before December 31, 2007, shall expire ten years from the date of city council approval thereof, provided:
a.
The proposed subdivision is not subject to the Shoreline Management Act; and
b.
The preliminary plat did not otherwise expire prior to July 28, 2013.
B.
Extensions. A preliminary plat may be extended for a period of up to two years upon application. Approval of the extension shall be done by the city council through a development agreement. Extensions are subject to the following criteria and conditions:
1.
The applicant must make written requests for an extension at least sixty days prior to the expiration of the preliminary plat approval;
2.
There have not been any substantial changes in the laws governing the development of the plat with which lack of compliance would be contrary to public health, safety and welfare;
3.
The extension is conditioned upon compliance with current requirements in effect at the time of approval;
4.
The applicant shall demonstrate that the applicant has pursued final platting in good faith in light of surrounding circumstances but has been delayed:
a.
By extensive environmental permitting times;
b.
Extensive studies required by conditions of approval which took longer than anticipated; or
c.
There are specific verifiable extenuating circumstances or conditions beyond the control of the applicant as deemed appropriate by the city council.
C.
Phasing. Subdivisions, approved for multi-phased development, may apply for final plat approval by phase, in the following manner:
1.
The first phase of development shall apply for final plat approval within five years from the date of the issuance of the final order approving the phased development;
2.
The developer shall apply for final plat approval within five years after the city council approves the final plat of the first phase;
3.
Subsequent phases shall apply for final plat approval within five years after the city council approves the final plat for the preceding phase; and
4.
The sequence of final plat approval for each phase is discretionary, subject to approval by the city engineer, e.g., final plat approval of phase three does not have to follow final plat approval of phase two.
D.
Hearing. The city council shall hold a public hearing within sixty days of receipt of an extension request and proposed development agreement. The development agreement shall be reviewed consistent with the procedure outlined in RDC 18.310.150.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1207, § 2(Exh. A), 5-26-2016; Ord. No. 1406, § 2(Exh. A), 7-13-2023)
After approval of the preliminary plat for the proposed subdivision, the land owner or developer shall submit plans for inspection and approval by the city engineer, city planner and city attorney. No consultation with the foregoing consultants by the land owner or developer shall be permitted until a deposit is made for plat inspection and review in accordance with the fee schedule adopted in Chapter 18.060. The plans for review and inspection shall be filed with the city clerk or the city engineer and shall contain an electronic copy and two paper copies, both in a format prescribed by the city, of the following:
A.
An application form which shall include:
1.
Subdivision name,
2.
Name, mailing address and telephone number of owner and/or developer and a surveyor of the plat,
3.
Date,
4.
Acreage,
5.
Number of lots,
6.
Zoning designation.
B.
A Mylar, a sepia, and four paper copies of the map shall be provided, and shall include the following:
1.
Subdivision name,
2.
Legend,
3.
Location, including a quarter section, township, range, and as applicable donation land claim and/or subdivision,
4.
Boundary survey,
5.
Lot, block and street right-of-way and center line dimensions,
6.
Street names,
7.
Scale, including graphic scale, arrow north and paces of bearings,
8.
Identification of areas to be dedicated,
9.
Surveyor certificate, stamp, date and signature,
10.
Signature blocks for the city engineer, city clerk, planning director and mayor,
11.
Special setbacks, if any,
12.
Easements, if any,
13.
Utility easements,
14.
Sidewalks;
C.
A legal description of the boundary which has been certified by the land surveyor shall be provided, with seal and signatures, being an accurate description of the lands actually surveyed;
D.
Restrictions and covenants shall be provided if applicable;
E.
All plats within a transportation corridor combining district shall either indicate:
1.
The location of all curb cuts existing in the future consistent with the development plan of the transportation corridor. All lots to be created shall have direct access to the curb cuts, or
2.
The final plat application or the short plat application shall include copies of binding agreements to be conveyed with parcel ownership granting access from parcels with no curb cuts to adjacent parcels with approved curb cuts. Agreements may be easements or an access plan file with the county, subject to review and approval by the superintendent of public works and planning director.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1253, § 2(Exh. A), 12-7-2017; Ord. No. 1290, § 2(Exh. A), 4-25-2019)
A.
Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, three copies thereof, and a current title report, and required fees.
B.
Each final plat shall be prepared by a land surveyor registered in the state and certified by the surveyor to be a true and correct representation of lands actually surveyed by him.
C.
The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW 18.90) as it now exists or is hereafter amended.
D.
The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision.
E.
Permanent survey monuments shall be placed at all lot corners and street intersections.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1253, § 2(Exh. A), 12-7-2017)
Each final plat submitted for approval shall be in conformance with the conditions of preliminary plat and map of dedication approval. Minor deviations may be permitted by the city council because of unforeseen technical or engineering problems.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger, shall be twenty-two inches by thirty-four inches or twenty-four inches by thirty-six inches in size, and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator:
A.
Date, north arrow and scale;
B.
Name of subdivision;
C.
Accurate and complete legal description of the subdivision on the face of the final plat;
D.
A complete survey of the section or sections in which the plat or re-plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in five thousand feet;
E.
Boundary lines of the subdivision of the proposed lots therein of the rights-of-way for any streets, highways, roads, easements or other uses and of dedications all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves;
F.
Notation and description of any protective improvements or dedications required by the city council or otherwise provided for;
G.
Reference to any recorded subdivision or short subdivision adjoining the subdivision;
H.
Name and right-of-way width of each street or other right-of-way;
I.
Location, dimensions and purpose of any easements;
J.
Number to identify each lot and block;
K.
Purpose for which sites, other than residential lots, are dedicated or reserved;
L.
Certificate by the surveyor certifying to the accuracy of the survey and plat in substantially the following form:
I, ___________, a Professional Land Surveyor, do hereby certify that the plat of _______ is based upon an actual survey and subdivision of Section _______, Township _______, Range _______; that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat.
___________
(Surveyor's Signature and Seal);
M.
Dedication by the owner of streets, rights-of-way, easements and any sites for private, semiprivate, or public use;
N.
The signature of the planning director, city engineer, or appointed representative acting on behalf of the city. Signature by the city representative shall certify that the subdivider has either:
1.
Completed all public and private improvements in accordance with these regulations and with the action of the city council, or
2.
Submitted a bond or other method of security, approved by the city engineer, that is sufficient to assure completion of required improvements, in accordance with the provisions of Section 18.620.070 and all approved plans. The city engineer may condition or deny the use of a bond or other security based on the following factors:
a.
The timeline for construction in light of the deadlines for the final plat and the applicant's progress toward the completion of the facilities to be bonded;
b.
Whether the improvements necessary for vehicular access, emergency access, stormwater management, and general safety are available to meet the impacts of any permitted construction;
c.
The potential consequences of any construction of homes or other development before the necessary public facilities are installed and approved;
d.
The ability of the city to enter the property to construct the improvements; and
e.
Any other factors that may affect public health and safety
O.
The signature of the administrator which shall certify that the final plat conforms with the conditions of approval for the preliminary plat of the subdivision;
P.
A space for the signature of the mayor whose signature shall evidence the approval of the final plat by the city council.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
A.
Upon receipt of a proposed final plat, the city council shall at their next public meeting set a date for consideration of the final plat at a public meeting. Notice of the date, time and location of the public meeting shall be posted.
B.
The city council shall review the final plat during the public meeting and shall approve the final plat if the city council determines that the final plat conforms to the conditions of preliminary plat approval, applicable state laws, and that the final plat meets the requirements of this title as it existed at the time of preliminary plat approval.
C.
Upon approving any final plat, the city council shall authorize the mayor to sign the final plat as evidence of city council approval.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)
All final plats and maps of dedication approved by the city council shall be filed for record immediately, or as soon as possible, by the subdivider at the Clark County auditor's office. The subdivider is responsible for all filing fees. Any final plat filed record containing a dedication shall be accompanied by current title report.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1296, § 2(Exh. A), 10-10-2019)
A.
Every subdivision shall have a homeowners' association and agreements to fund such an organization in order to secure appropriate provision of and ensure ongoing management of open space, recreation areas, infrastructure, and other common facilities as required by RDC 18.620.050.A.4.
1.
Before approval of the final plat may be granted, the developer shall submit to the city covenants, deeds and/or homeowners' association bylaws and other documents. These documents shall be reviewed and approved by the city attorney and planning director to insure that they comply with the requirements of this chapter prior to approval of the final plat by the city. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition of any final plat approval. These documents shall address:
a.
Maintenance of Lots, Buildings and Facilities. The covenants, declarations and restrictions shall provide that buildings, utilities and facilities on individual lots shall be maintained by the property owner in accordance with city codes and the requirements of such covenants, declarations and restrictions.
b.
Maintenance of Private Common Areas and Infrastructure. All common open space, community facilities, stormwater facilities, private roads and drives, and all other commonly owned and operated property located within the development shall be maintained in perpetuity by the homeowners' association. The covenants, declarations and restrictions shall provide for the maintenance of all common areas and infrastructure by the homeowners' association in accordance with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide authority for the city, after providing reasonable written notice to the homeowners' association and opportunity to perform required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the homeowners' association to adequately maintain privately owned improvements, including a lien on the property or other appropriate assurance device, as determined by the city.
2.
A homeowners' association bylaws, once reviewed and approved by the city, shall contain the following provisions:
a.
The following clause: "Changes in these documents must be approved by the city of Ridgefield through the city council or if the council designates an agency or department, by that agency or department." Any changes suggested shall be reviewed by the city attorney, who will make a written report to the city council concerning the effect of the proposed changes. The cost of review by the city attorney will be paid by the homeowners' association;
b.
A clause whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common;
c.
Subject to due process, the city may enforce the terms of the covenants, conditions and restrictions and place a lien on property if the city is compelled to correct a problem which threatens public health, safety or welfare, or is compelled to undertake construction, repairs or modifications necessary to protect or preserve public property or facilities.
(Ord. No. 1178, § 2(Exh. A), 2-12-2015; Ord. No. 1296, § 2(Exh. A), 10-10-2019; Ord. No. 1406, § 2(Exh. A), 7-13-2023; Ord. No. 1426, § 2(Exh.), 7-25-2024)
A.
The alteration or vacation of final plats filed for record in the office of the Clark County auditor shall comply with the provisions of Chapter 58.17 Revised Code of Washington.
B.
Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.
C.
Upon the request of a public hearing, the city clerk shall supply notice of public hearing in accordance with RDC 18.620.040.
D.
All petitions for plat alterations or vacations shall be reviewed by the city hearing examiner and a recommendation made thereon to the city council prior to city council action.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013; Ord. No. 1406, § 2(Exh. A), 7-13-2023)
A.
The vacation of any street within a final plat filed for record in the office of the Clark County auditor shall comply with the provisions of Chapter 35.79, Revised Code of Washington.
B.
All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the city hearing examiner and a recommendation made thereon to the city council prior to city council action.
C.
The abutting property owners of any street, alley or other public way to be vacated shall compensate the city in an amount equal to the proportionate amount of value of the area to be vacated.
(Ord. No. 1132, § 2(Exh. A), 7-11-2013)