The ordinance codified in this division shall be known as “the Subdivision Ordinance of the City of Sumas, Washington.” (Ord. 1032 (Attachment A) (part), 1991)

The purpose of this division is to implement the goals and policies established in the city comprehensive plan; regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with the standards established by the state to prevent the overcrowding of land; provide for orderly growth and development; conserve, protect and enhance property values; to lessen congestion in the streets and on the highways; to provide adequate provisions for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper traffic circulation; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. Further, these regulations are established to effectuate the policy of the prescribed state law referring to the platting and dedication of lands and shall not preclude full compliance thereto. (Ord. 1686 § 21, 2016: Ord. 1032 (Attachment A) (part), 1991)

The provisions of this division shall apply to all division of land within the corporate limits of the city; provided, however, the following are exempt from the provisions of this division:

(1)    Divisions made in connection with acquisition of land by the city, including divisions made by deed for road widening purposes; provided, that such land may be accept ed on behalf of the city only by action of the city council;

(2)    Divisions made upon court order;

(3)    Divisions of land made by leases for purposes other than building developments or establishment of sites for mobile homes, temporary dwellings or camping occupancy;

(4)    The combination of portions of previously platted lots, where the total number of development sites is not increased and their size is not decreased below applicable requirements for width and area, provided the resultant sites join on and are accessible to publicly maintained roads. Existing structures at the time of lot split will meet required setbacks of applicable zone;

(5)    Cemeteries and burial plots while used for that purpose. (Ord. 1032 (Attachment A) (part), 1991)

(a)    After the passage of the ordinance codified in this division, all division, subdivision or resubdivision of land within the corporate limits of the city into lots, tracts, parcels, sites or divisions for any purpose whatsoever shall be in full compliance to the provisions and specifications of this division.

(b)    Division of land into four or less lots shall be in compliance with the regulations and standards of this title governing “short subdivisions” (Chapter 20.88). Division of land into five or more lots shall comply with regulations and standards dealing with subdivision and must follow the preliminary and final platting procedures. (Ord. 1176 § 31, 1996; Ord. 1032 (Attachment A) (part), 1991)

Sale of land is prohibited unless it is a duly platted parcel of land or lot, or is a tract of record at time of passage of the ordinance codified in this chapter. (Ord. 1176 § 32, 1996: Ord. 1032 (Attachment A) (part), 1991)

(a)    No building permit shall be issued for construction of any kind unless:

(1)    Such lot was of record prior to adoption of the ordinance codified in this division;

(2)    Such lot is a division of a recorded subdivision; or

(3)    Such lot was created in compliance with the provisions of this division.

(b)    It shall be the responsibility of the property owner to establish the status of the lots as it pertains to subsection (a) of this section. (Ord. 1176 § 40, 1996; Ord. 1032 (Attachment A) (part), 1991)

For the purpose of this division, unless it is clearly evident from the context that a different meaning is intend ed, certain words and terms are defined in this chapter. (Ord. 1032 (Attachment A) (part), 1991)

The planning commission shall review and determine any questions involving the proper interpretation of any terms, words or phrases not mentioned in this chapter. (Ord. 1032 (Attachment A) (part), 1991)

“Abutting” means adjoining with a common boundary line of eight feet or more in a singular direction. (Ord. 1032 (Attachment A) (part), 1991)

“Adjacent” means adjoining with a common boundary line of eight feet or more in a singular direction. (Ord. 1032 (Attachment A) (part), 1991)

“Alley” means a public right-of-way, not greater than thirty feet in width, which affords a secondary access to abutting property. (Ord. 1032 (Attachment A) (part), 1991)

“Arterial street” means a public street, the primary purpose of which is to provide for through traffic movement between areas and/or across the city with direct access to abutting property. It is subject to required control of entrances, exits and curb cuts. (Ord. 1032 (Attachment A) (part), 1991)

“Binding site plan” means the combined documents of general and specific binding site plans, and processes and requirements thereof. Where appropriate to the context, the term may also refer to the land to be divided. (Ord. 1052 § 1(A), 1991)

“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries. (Ord. 1032 (Attachment A) (part), 1991)

“Board” means the board of public works as defined by the City Charter. (Ord. 1032 (Attachment) (part), 1991)

“Boundary line adjustment” means the relocation of a boundary line between adjoining lots, tracts, parcels or sites of land (separate legal land units) which does not create a new or greater number of legal land units, does not leave any building on an affected legal land unit in violation of the city zoning or subdivision ordinances after the boundary line adjustment is made; does not create a lot size which would violate the city zoning regulations regarding minimum lot sizes and is approved in writing by the Sumas city utility superintendent. (Ord. 1033 § 2, 1991)

“Building” includes “structure.” (Ord. 1032 (Attachment A) (part), 1991)

“Building setback line” means a line on a plat or map indicating limit behind which buildings or structures may be erected. (Ord. 1032 (Attachment A) (part), 1991)

“City manager” means the mayor of the city of Sumas, or such person as he may designate or appoint as city manager. (Ord. 1032 (Attachment A) (part), 1991)

“City engineer” means the city manager or his appointed representative responsible for the design and construction of streets and utilities for the city. (Ord. 1032 (Attachment A) (part), 1991)

“Cluster subdivision” means a subdivision in which minimum-lot-size requirements may be diminished so as to provide desirable open space without increasing the overall density of dwelling units above one unit per seven thousand five hundred square feet of land area. (Ord. 1032 (Attachment A) (part), 1991)

“Collector street” means a roadway designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic, from the intersecting minor streets. (Ord. 1032 (Attachment A) (part), 1991)

“Commission” means the city planning commission. (Ord. 1032 (Attachment A) (part), 1991)

“Comprehensive plan” means the comprehensive plan for the city, as amended. (Ord. 1032 (Attachment A) (part), 1991)

“Controlling corner” means all angle points of the perimeter of a subdivision or separate divisions of a subdivision. (Ord. 1032 (Attachment A) (part), 1991)

“Corner lot” means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such street or parts of the same street forming an interior angle of less than one hundred thirty-five degrees within the lot lines. (Ord. 1032 (Attachment A) (part), 1991)

“Council” means the city council of the city of Sumas. (Ord. 1032 (Attachment A) (part), 1991)

“Covenant” means a binding and solemn agreement made by two or more individuals, parties, etc., to do or keep from doing a specified thing or things. (Ord. 1032 (Attachment A) (part), 1991)

“Cul-de-sac” means a street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other end. (Ord. 1032 (Attachment A) (part), 1991)

“Curbline” means the line separating the street curb from the planting strip or sidewalk. (Ord. 1032 (Attachment A) (part), 1991)

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use 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 a 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. (Ord. 1032 (Attachment A) (part), 1991)

“Easement” means a grant by the property owner for use by the public, a corporation or person(s) of a parcel of land for specific purpose. (Ord. 1032 (Attachment A) (part), 1991)

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this division. (Ord. 1032 (Attachment A) (part), 1991)

“Fire marshal” means the fire chief for the city of Sumas as designated by Whatcom County fire protection district No. 14. (Ord. 1032 (Attachment A) (part), 1991)

“Flag lot” means a parcel of land created by subdivision and which includes a narrow projection or “flagpole” to the public right-of-way. (Ord. 1032 (Attachment A) (part), 1991)

“Flagpole” means a narrow projection of land used as access to a flag lot. (Ord. 1032 (Attachment A) (part), 1991)

“Full standard street” means a street complete with full width surfacing, with curbs, gutters, drainage and sidewalks on both sides equal to the class of street required. (Ord. 1032 (Attachment A) (part), 1991)

“General binding site plan” means a a scaled drawing and appropriate attachments containing information, as specified by this title, which pertains to the development and use of the entire site, subject to the binding site plan application. (Ord. 1052 § 1(B), 1991)

“Greenbelt” means a parcel of land, usually of strip or ribbon shape, left in a natural or artificially landscaped state, excluding all development except recreation. The primary purpose of a greenbelt is to buffer and separate areas of development and/or interconnect larger recreation sites. (Ord. 1032 (Attachment A) (part), 1991)

“Health department” means the Bellingham-Whatcom County department of health. (Ord. 1032 (Attachment A) (part), 1991)

“Interior lot” means a lot which has frontage on one street only. (Ord. 1032 (Attachment A) (part), 1991)

“Local or minor access street” means a street providing vehicular access to abutting properties. (Ord. 1032 (Attachment A) (part), 1991)

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum requirements of this division. “Lot” includes the words “tracts” and “parcel.” (Ord. 1032 (Attachment A) (part), 1991)

“Marginal access street” means a street which is parallel to and adjacent to a major arterial, which provides access to the properties abutting it and which separates the abutting properties from high-speed vehicular traffic. (Ord. 1032 (Attachment A) (part), 1991)

“Metes and bounds” means a description of real property which starts at a known point and describes the bearings and distances of the line forming the boundaries of the property and is completed when the description returns to the point of beginning. (Ord. 1032 (Attachment A) (part), 1991)

“Monument” means a concrete mass from twelve to eighteen inches in length with a diameter of six inches.

The top of the monument shall contain a readily definable point such as (A) a punched brass cap, (B) a copper rod extending the full length of the monument, or (C) some other point which meets the specifications of the city engineer. It must also contain one-half-inch reinforcing steel or other magnetic material, except where enclosed in an iron monument case. (Ord. 1032 (Attachment A) (part), 1991)

“Open space” means a parcel of land, excluding building sites, parking area and access routes, which is designated and maintained as an area for leisure, recreation and other activities normally carried on outdoors. “Open space” includes greenbelt and recreational areas. (Ord. 1032 (Attachment A) (part), 1991)

“Owner” means an individual, firm, association, syndicate, partnership or corporation having any proprietary interest in land sought to be subdivided under these regulations or other applicable law. (Ord. 1032 (Attachment A) (part), 1991)

“Pavement width” means the actual paved surface, measured between faces of curbs of streets or from edge to edge of alley road surface. (Ord. 1032 (Attachment A) (part), 1991)

“Planned zone” means a zoning district in which an overall master plan is required before development can occur. As part of the provisions of a planned zone, the minimum lot size and dimensional requirements may be modified according to the provisions of the approved plan. (Ord. 1032 (Attachment A) (part), 1991)

“Planning commission” means the city planning commission. (Ord. 1032 (Attachment A) (part), 1991)

“Plat” means 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. (Ord. 1032 (Attachment A) (part), 1991)

“Plat certificate” means a title report by a title insurance company certifying ownership, deed restrictions, covenants, etc., of the land being subdivided. (Ord. 1032 (Attachment A) (part), 1991)

“Preliminary plat” 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, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1032 (Attachment A) (part), 1991)

“Public health official” means the district health officer, Bellingham-Whatcom County department of health. (Ord. 1032 (Attachment A) (part), 1991)

“Right-of-way” or “R/W” means a strip of land dedicated to and maintained by the city for street and utility purposes and on a portion of which a street is built. (Ord. 1032 (Attachment A) (part), 1991)

“Short plat” means the map or representation of a short subdivision. (Ord. 1032 (Attachment A) (part), 1991)

“Short subdivision” means the division of land into four or less legal land units (i.e., lots, tracts, parcels sites or divisions of land for the purpose of sale or lease), including resubdivision of previously platted land, and parcels of real property divided for the purpose of sale or townhouse units; provided, however, that an approved boundary line adjustment shall not be construed a short subdivision. (Ord. 1033 § 1, 1991; Ord. 1032 (Attachment A) (part), 1991)

“Specific binding site plan” means a scaled drawing and appropriate attachments containing information, as specified by this title, which pertains to the creation, development and use of one or more subdivisions of land being created from the general binding site plan. (Ord. 1052 § 1(C), 1991)

“Street” means a dedicated and accepted public right-of way for vehicular traffic. “Street” includes “road,” “drive” or “boulevard.” (Ord. 1032 (Attachment A) (part), 1991)

“Subdivider” means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as defined in this chapter. (Ord. 1032 (Attachment A) (part), 1991)

“Three-quarter standard street” means the one-half of the full standard street, defined in Section 20.86.200, abutting on the developers property plus a ten foot surfaced driving lane. (Ord. 1032 (Attachment A) (part), 1991)

“Through lot” means a lot, other than a corner lot, abutting more than one street. (Ord. 1032 (Attachment A) (part), 1991)

Any action which will result in a short subdivision of any lot, tract, parcel or plot of land for any reasons whatsoever shall be subject to approval by the utilities superintendent and shall be processed as a class ii action pursuant to Chapter 20.08. Approval shall be based on standards and conditions set forth in this chapter. (Ord. 1176 § 33, 1996: Ord. 1032 (Attachment A) (part), 1991)

All short subdivisions shall be submitted to the utilities superintendent for review and approval. Approving, with specified alterations, or disapproving action will be taken within thirty days of the date of issuance of a determination of completeness under Section 20.08.090, unless the applicant consents to a time extension. (Ord. 1176 § 34, 1996: Ord. 1032 (Attachment A) (part), 1991)

(a)    An application for approval of a short subdivision shall be accompanied by an accurately scaled and dimensioned drawing of the proposed subdivision prepared by a registered land surveyor at a minimum scale of one inch equals fifty feet.

(b)    The application shall contain an accurate legal description of the area involved in the subdivision. In the event the boundaries are described by metes and bounds the accuracy of the description shall be attested to and signed by a registered land surveyor. The basis of bearings shall be stated.

(c)    The total property owned by the applicant which is contiguous to the parcel being subdivided shall be accurately indicated on the drawing. In addition, all adjacent property and owners within a distance of three hundred feet of the proposed subdivision shall be accurately indicated on the drawing. (Ord. 1032 (Attachment A) (part), 1991)

In the event the proposed subdivision is not sewered, a recommendation for approval from the health department shall be obtained prior to approval of the subdivision. (Ord. 1176 § 35, 1996: Ord. 1032 (Attachment A) (part), 1991)

(a)    All lots created by a short subdivision shall abut upon a dedicated or deeded street and such street is to have no less than sixty feet of width if a through street, or fifty feet of width if a cul-de-sac. In the event the abutting street does not meet these minimum width requirements, additional right-of-way shall be required prior to approval of a short subdivision.

(b)    In multiple lot subdivisions the minimum ground area for each lot shall be deemed to have been met if the average lot area is not less than the minimum lot area of the zoning district in which the property is located as identified on the zoning map. In computing the average lot area, not more than ten percent of the number of lots may contain an area less than the prescribed minimum for the zoning district. In no case shall any lots be created which contain an area less than ninety percent of the prescribed minimum for the zoning district. However, a division of land containing less that the above required area may be approved if such division of property results in substantially larger lots than previously existed. (Ord. 1176 § 36, 1996; Ord. 1032 (Attachment A) (part), 1991)

Regardless of whether or not there is a dedication of land to the public for streets, utility easements or any other purpose, the short subdivision shall be prepared by a registered land surveyor. All short subdivisions shall be surveyed, monumented and recorded with the county auditor. Proof of recording shall be recorded on the final plat map along with the signature of the utilities superintendent. Maps of the final plat shall be provided by the applicant to the building official and the utilities superintendent. (Ord. 1176 § 37, 1996: Ord. 1032 (Attachment A) (part), 1991)

Where the extension of a public street is not identified on the official street map, or where improved lot design would be achieved, flaglotting may be permitted subject to the following standards:

(1)    The flagpole shall not exceed in length twice the width of the flag lot at the building line or twice the length of the flag lot, whichever dimension is lesser.

(2)    The flagpole shall maintain a constant minimum width of fifteen feet in a rural or residential low-density zone and a minimum width of twenty feet in a residential medium-density or residential high-density zone.

(3)    Flag lots creating more than two adjoining flagpoles are prohibited.

(4)    The flagpole shall not encroach upon or cross a live stream, ravine, storm drainage or similar topographic feature without provision of an adequate structure or fill and culvert to carry the resident’s traffic.

(5)    Flaglotting is prohibited in zones. (Ord. 1176 § 38, 1996; Ord. 1032 (Attachment A) (part), 1991)

(a)    Prior to approval for any short subdivision, the following improvements shall have been made or installed for each parcel created by the division of land:

(1)    City water;

(2)    Sanitary sewer or health department approval of septic systems;

(3)    Appropriate dedications or easements made if required;

(4)    Storm sewers, streets, curbs, sidewalks, street lights, gas lines, telephone and/or T.V. cable, if required by the planning commission or city council.

(b)    Performance bonds may be accepted in lieu of installation of the above improvements subject to approval of the city council. (Ord. 1176 § 39, 1996: Ord. 1032 (Attachment A) (part), 1991)

Any short subdivision, or land involved in a short subdivision, shall not be resubdivided for a period of five years from the date of approval of the short plat without the submission and approval of a final plat done in accordance with Chapter 20.102. (Ord. 1032 (Attachment A) (part), 1991)

An inspection fee will be required for each and every short subdivision applied for after the adoption of the ordinance codified in this division. The fee is as established in Chapter 20.108. (Ord. 1176 § 60, 1996: Ord. 1032 (Attachment A) (part), 1991)

If a short subdivision application is disapproved, the applicant may appeal such disapproval pursuant to the provisions of Section 20.08.160. (Ord. 1176 § 42, 1996: Ord. 1032 (Attachment A) (part), 1991)

Any application for a short subdivision which is not completed by filing with the Whatcom County auditor within one year of the date of application shall be considered abandoned unless the time limit is extended by the utilities superintendent for good cause, then it shall be considered abandoned if not so approved and filed by the extended deadline. No action shall be taken on any abandoned short subdivision application. (Ord. 1176 § 43, 1996: Ord. 1032 (Attachment A) (part), 1991)

Any property owner wishing to divide his land into five or more lots shall conform to the regulations set out in this division as they pertain to preliminary plat, subdivision design, improvements and final plats. A preliminary plat shall be processed as a Class III action pursuant to Chapter 20.08, and the applicant is encouraged to elect the consolidated permit process under Section 20.08.070. (Ord. 1176 § 44, 1996: Ord. 1032 (Attachment A) (part), 1991)

A proposed preliminary plat shall be submitted to the city clerk and shall contain the following items and information:

(1)    Name of plat;

(2)    Name, address and phone number of the subdividers (owner) and the land surveyor;

(3)    The plat shall clearly show all lots, rights-of-way, open space, existing easements and other features affecting the design of the plat;

(4)    Topography lines shall be required at an interval of five feet;

(5)    All parcels of land intended to be dedicated or temporarily reserved for public use and the conditions attached thereto shall be accurately indicated;

(6)    There shall be a vicinity sketch at a scale of not more than eight hundred feet to the inch showing the proposed plat in relation to surrounding lands. All platted rights-of-way for a distance of at least one-fourth of a mile shall be shown, and additional area shall be illustrated, if necessary to show connecting streets or arterials;

(7)    The plat shall be prepared, drawn and certified by a land surveyor registered by the state;

(8)    The plat shall contain an accurate and complete legal description of the area being platted;

(9)    The horizontal scale shall be no less than one hundred feet to the inch;

(10)    The plat shall conform with the design standards governing plats as required by this division;

(11)    A sufficient number of copies of the plat shall accompany the application for plat approval to permit distribution to the necessary persons, agencies and organizations;

(12)    A filing fee, as established in Chapter 20.108, shall be paid to the city clerk-treasurer, upon submission of a preliminary plat for approval;

(13)    All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public ways, railroads and utility rights-of way, parks and other public open spaces, permanent buildings and structures and section and municipal corporation lines within or adjacent to the tract shall be shown. In the case of a replat, the lots, blocks, streets, alleys, easements and parks of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity. Existing sewers and water lines, culverts or other underground facilities within the tract, indicating pipe sizes, Grades and exact locations as obtained from public record, shall be shown.

Boundary lines of adjacent tracts of unsubdivided and subdivided land, showing owners, shall be indicated by dotted lines for a distance of three hundred feet. Existing zoning of the proposed subdivision and adjacent tracts shall be shown;

(14)    Source of water supply, method of sewage disposal and method of surface-water disposal;

(15)    The land use classification, both present and pro posed.

(16)    A complete SEPA checklist. (Ord. 1176 §§ 45, 58, 1996; Ord. 1032 (Attachment A) (part), 1991)

Upon receipt of a preliminary plat for approval, the following agencies and organizations shall be notified of the date, place and hour of the public hearing, and such notification shall be accompanied by a copy of the proposed plat:

(1)    City utility superintendent;

(2)    City fire marshal;

(3)    The telephone company;

(4)    The county council, if the proposed plat adjoins the city limits;

(5)    The State Highway Department, if the proposed plat adjoins the city limits;

(6)    The television cable company. (Ord. 1032 (Attachment A) (part), 1991)

At least five days prior to issuing notice of the preliminary plat application under Section 20.08. 100, the utilities superintendent shall conduct an informal meeting with the applicant(s) for the purpose of reviewing and pointing out what, if any, corrections, additions, deletions, etc., should be made to the preliminary plat prior to the public comment period. The applicant may submit a revised preliminary plat within five days of the meeting, and said revised plat, if provided, shall replace the originally submitted plat in all subsequent processing of the application. (Ord. 1176 § 47, 1996: Ord. 1032 (Attachment A) (part), 1991)

(a)    The planning commission shall review each preliminary plat to assure conformance with the policies as reflect ed by the comprehensive plan and with the planning standards and specifications of the city. The commission shall make a written recommendation to the city council as to their findings and recommendations on each plat or subdivision.

(b)    The recommendation of the planning commission on a preliminary plat shall be submitted prior to the close of the public comment period under Section 20.08.100(E)(5). (Ord. 1176 § 48, 1996: Ord. 1032 (Attachment A) (part), 1991)

(a)    Upon conclusion of the public hearing related to the preliminary plat, the council shall determine if appropriate provisions have been made 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 schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. They shall determine that the plat makes adequate provisions for the public health, safety and general welfare and that the public interest will be served by the platting of the subdivision. After making these determinations, the council may then approve the preliminary plat. The council shall make written findings and conclusions to support its decision.

(b)    Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of issuance of a determination of completeness under Section 20.08.090 unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement. (Ord. 1176 § 49, 1996: Ord. 1032 (Attachment A) (part), 1991)

A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within five years of the date of preliminary plat approval. (Ord. 1176 § 50, 1996: Ord. 1032 (Attachment A) (part), 1991)

Prior to submission of a final plat for approval, the plat shall conform in all respects to the design standards and improvement requirements specified in this division. (Ord. 1032 (Attachment A) (part), 1991)

The final plat shall conform to the preliminary plat design; however, slight deviations may be allowed by the building inspector/fire marshal if he determines such are necessary because of unforeseen technical problems and that the changes will result in a better plat. (Ord. 1032 (Attachment A) (part), 1991)

(a)    Legal Description. A complete legal description shall be shown in its entirety on the face of the plat. The plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of them 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 ten thousand feet. The basis of bearing shall be shown.

(b)    Covenants. A copy of any covenants which were drafted in conjunction with, or as a result of, a plat shall accompany the final plat and shall become a part of it. The covenants shall be recorded with the final plat.

(c)    Plat Certificate. A current plat certificate by a recognized title company shall accompany the final plat upon submission to the city for approval.

(d)    Dedication of Public Lands. The face of the plat shall contain a dedication of all lands to be conveyed to the public, which shall be signed by the legal property owners. The signatures of the owners shall be acknowledged by a notary public.

(e)    Land Surveyor Seal. 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 land actually surveyed.

(f)    Health Department Approval. The plat shall be accompanied by a recommendation from the local health department and/or department of public services as to the adequacy of the proposed means of sewage disposal and water supply.

(g)    Approval by the City Manager or His Appointed Representative and Building Inspector/Fire Marshal. Each final plat shall be checked by the city manager or his appointed representative and the building inspector/fire marshal. Their approval of the final plat shall be contingent, in part, upon their acceptance and approval of all required improvement plans. Each final plat must contain the approval of the city manager or his appointed representative and the building inspector/fire marshal.

(h)    Filing Fees. A fee as established in Chapter 20.108 shall be paid to the city treasurer prior to the approval of the city council of any final plat.

(i)    City Treasurer Approval. Each final plat shall contain the certification of the city treasurer that all filing fees, city taxes and assessments and other fees for which the property may be liable have been paid. (Ord. 1176 § 59, 1996; Ord. 1032 (Attachment A) (part), 1991)

The city council shall review the final plat and, if the council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that the plat meets the requirements of this division and any other state or local ordinances pertaining thereto, it shall suitably inscribe and execute its approval on the face of the plat. (Ord. 1032 (Attachment A) (part), 1991)

The final approved plat shall be filed for record with the county auditor in compliance with state and county laws and regulations. (Ord. 1032 (Attachment A) (part), 1991)

In accordance with the state law and with the regulations of this division, the subdivider shall, at his own expense, furnish the city engineer with one permanent reproducible copy of the final plat as filed. (Ord. 1032 (Attachment A) (part), 1991)

Any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The intent of this chapter is to establish a way to divide land for the following purposes:

(1)    Divisions for sale, lease or transfer of ownership for commercial and industrial uses;

(2)    Divisions for lease when no residential structures other than mobile homes or travel trailers are permitted; and

(3)    Divisions which are created by subjecting a portion of a parcel or tract of land to condominium ownership as provided in RCW 64.32.

(b)    A person seeking to divide land for any of these purposes may make application for approval of a binding site plan rather than a short or long subdivision. (Ord. 1052 § 2(B) (part), 1991)

(a)    The review and approval of a binding site plan is a two-step process: general and specific. The first step is the review and action by the city council of a general binding site plan for an entire site. Once the general binding site plan is recorded, a specific binding site plan establishing the division(s) on the subject site is submitted with the building permit, reviewed by staff and recorded.

(b)    Approval of a binding site plan shall require:

(1)    Approval and recordation of a general binding site plan; and

(2)    Approval and recordation of a specific binding site plan. (Ord. 1052 § 2(B) (part), 1991)

(a)    A general binding site plan shall be processed as a Class III action pursuant to the provisions of Chapter 20.08. The purpose of the general binding site plan is to establish necessary requirements for site development and use while providing an accurate record of the site and future improvements. The general binding site plan does not create individual lots or lease areas; and no building permit shall be issued for a site on which only a general binding site plan is recorded.

(b)    The applicant shall submit a general binding site plan to the building committee. An application shall not be accepted by the committee unless it contains all of the following items:

(1)    The site plan is shown to an adequate scale;

(2)    The site plan identifies and shows the areas and locations of all streets, roads, improvements, utilities and open spaces;

(3)    The site plan contains inscriptions or attachments setting forth all limitations and conditions for the use of land as established by city council;

(4)    The site plan contains a provision requiring that any development of the subject property be in conformance with the specific binding site plan; and

(5)    The site plan shall be filed for record with the county auditor to run with the subject property in compliance with state and county laws and regulations. (Ord. 1176 § 52, 1996; Ord. 1052 § 2(B) (part), 1991)

(a)    A specific binding site plan shall be processed as a Class I action pursuant to the provisions of Chapter 20.08. The purpose of the specific binding site plan is to provide an expeditious staff review of divisions; ensure appropriate conditions and requirements have been met; and provide proper recording of divisions for sale or transfer. No occupancy permit or use of the parcel or lease area(s) being created by a specific binding site plan shall be issued or allowed until all necessary improvements and requirements as specified by this title have been met. Unless modified by a time limit extension request or condition by previous permit or zone change approval, the first specific binding site plan shall be filed within five years after recordation of the general binding site plan or approval or previous permit or zone change. Subsequent specific binding site plans, unless otherwise provided, shall be filed within twelve months after the first specific site plan is recorded.

(b)    The applicant shall submit one reproducible and six copies of the specific binding site plan; a site plan illustrating the proposed development on the subject lot or lease area to the building committee. The specific binding site plan shall comply with the requirements of this chapter and shall be submitted prior to or concurrent with any building permit requested for the subject lot or lease area. If the proposed development is in conformance with a previously approved site plan, the applicant may make reference to the file (case) number of the permit or action containing the applicant site plan.

(c)    Upon compliance of all necessary requirements, the specific binding site plan shall be circulated for signatures and filed with the county auditor.

(d)    Each specific binding site plan shall include an accurate map of each parcel being created. Those specific binding site plans representing divisions for purposes of sale or transfer of ownership shall be based on a complete survey. Contents of the map shall include:

(1)    Each new lot or parcel identified as “Parcel” and numbered consecutively with the number of the final parcel being created on a tract circled;

(2)    All section, township, municipal and county lines lying within or adjacent to the subject specific binding site plan;

(3)    The location of all monuments or other evidence including data for all supplemental control points used to establish parcel boundaries;

(4)    The location of all permanent control monuments found and established at the controlling corners of each parcel;

(5)    The boundary of each parcel with complete bearings and lineal dimensions with all curves described by radii, arcs and semitangents;

(6)    The location, width, centerline and name of all existing and proposed roads and rights-of-way within and adjoining each specific binding site plan;

(7)    Unless a utility map is referenced, the location and dimension of all installed water and sewer lines and facilities, and other utilities adjacent and within the specific binding plan;

(8)    The location and dimension of all common areas within the specific binding site plan, and a description of the purposes thereof;

(9)    The location and width of all easements within and adjacent to the specific binding site plan shown with broken lines, and a description of the purpose thereof. The location of the easement shall include, where applicable, references to all permanent roads, structures and boundaries;

(10)    The boundaries of the subject general binding site plan shown with broken lines;

(11)    Names and numbers of any adjacent division;

(12)    The scale and the north point on each sheet containing a map;

(13)    Any roads not dedicated to the public shall be clearly marked;

(14)    For specific binding site plans to be recorded for the purpose of a sale or transfer of ownership, a certificate signed by the Whatcom County treasurer that all taxes and delinquent assessments for which the property is liable as of the date of certification have been duly paid, satisfied or discharged; and

(15)    A certificate for acknowledgment of the filing of the plat by the county/auditor and providing for the name of the person filing the plat.

In addition to the map and written data and the original copy of the specific binding site plan, there shall also be provided one reproducible and four paper copies. Two copies of any covenants and restrictions which differ from that recorded for the general binding site plan shall also be provided. (Ord. 1176 § 53, 1996; Ord. 1052 § 2(B) (part), 1991)

Monuments shall be placed at all street intersections, boundary angle points, points of curves in streets, and at such intermediate points as required by the city engineer. The monuments shall be of stone or concrete-filled pipe or tile, capped with standard markers. Street monuments shall be set between six inches and one foot below official finished street grades and in paved streets shall be enclosed in a standard monument case. All lot and block corners shall be set with an iron pipe, at least twenty-four inches in length and three-fourths inch in diameter. (Ord. 1032 (Attachment A) (part), 1991)

Through lots shall not normally be allowed; however, if the subdivision abuts an arterial street, the lots on such streets may be through lots provided the planning commission determines such a layout to be in the best interests of safety and General welfare. (Ord. 1032 (Attachment A) (part), 1991)

All residential lots not located in a cluster subdivision shall have an average lot area which is not less than the minimum lot area required in the zoning district in which the property is located as identified on the zoning map. In computing the average lot area, not more than ten percent of the number of lots may contain an area less than the prescribed minimum for the zoning district. In no case shall any lots be created which contain an area less than ninety percent of the prescribed minimum for the zoning district. Except in zoning districts with no minimum frontage requirements, each lot shall have no less than forty feet of frontage on a deed or dedicated right-of-way, or this distance may be reduced to thirty feet if the lots front on a cul-de-sac; however, if the frontage is so reduced, then the front yard setback line shall be increased to thirty feet from the front property line. The minimum lot width at the building setback line shall be no less than sixty feet. (Ord. 1032 (Attachment A) (part), 1991)

The maximum length of a block shall be one thousand three hundred twenty feet. The maximum width shall be five hundred feet. Where blocks exceed five hundred feet in length, pedestrian easements may be required if deemed necessary. (Ord. 1032 (Attachment A) (part), 1991)

(a)    Purpose. The purpose of this section is to provide for variation in lot sizes in residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements is maintained on an overall basis while desirable open space, tree cover, recreation areas or scenic vistas are preserved.

(b)    Number of Reduced-Size Lots. The developer of a subdivision may vary the lot sizes within the subdivision by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by subtracting thirty percent of the total area being subdivided, exclusive of existing easements and other undevelopable land, for public right-of way and for land reserved for parks, playgrounds, school sites and for other open space; and dividing the remaining land by the minimum lot area requirement of the districts in which the subdivision is to be located. This method shall apply regardless of the amount of land actually required for street right-of-way. Land taken by utilities for easements for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under this procedure.

(c)    Standard for Area Reduction. Under this procedure lots may be reduced in area below the standard minimum lot size required in the district in which the subdivision is located, provided that the average lot size of the lots created in the subdivision is not below the minimum lot size required in the district. In subdivisions containing twelve or more lots, common land for open space or recreational use may be set aside for use by the owners of residential lots and such common land may be included in determining the average size of the lots created in the subdivision.

(d)    Minimum Frontage. Under this procedure, no lot in a residential district shall contain a frontage less than the applicable frontage required by the subdivision regulations, except as otherwise provided in Division III of this title.

(e)    Common Open Space. The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the city council before the provisions of this section shall apply. A private recreational use, such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and lowland along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation. Land which is specifically required to be reserved for public parks, potential school sites, etc., as called for in another section of this division, shall not qualify as common land.

(f)    Maintenance of Common Land. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approved by the city council and shall be filed with the county auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of thirty-five years. (Ord. 1176 § 54, 1996; Ord. 1032 (Attachment A) (part), 1991)

(a)    Purpose. The purpose of this section is to provide for variation in lot sizes in planned residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements are able to be modified to provide desired open space, tree cover, recreation areas or scenic vistas according to an overall master plan.

(b)    The developer of a subdivision may vary the lot sizes and frontage and setback dimensions within the subdivision according to the provisions of the approved master plan for the planned zone developed under Division III of this title.

(c)    Common Open Space. The location, extent and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the city council as part of an overall master plan for the planned residential zone.

A private recreational use, such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses or sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and lowland along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation.

(d)    Maintenance of Common Land. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approved by the city council and shall be filed with the county auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of thirty-five years. (Ord. 1176 § 55, 1996; Ord. 1032 (Attachment A) (part), 1991)

The minimum rights-of-way required for the following street classifications are as follows:

(1)    Arterial streets, eighty feet;

(2)    Collector, local or minor access streets, sixty feet;

(3)    Cul-de-sac streets, fifty feet;

(4)    Marginal access streets, forty feet;

(5)    Alleys: Minimum, twenty feet; maximum, thirty feet;

(6)    Private streets: The minimum right-of-way required for private streets shall be determined by the planning commission. (Ord. 1032 (Attachment A) (part), 1991)

The minimum rights-of-way established in Section 20.96.060 may be reduced according to the standards of an approved master plan for the zone developed under the provisions of Division III of this title. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The maximum length of a cul-de-sac shall be six hundred feet, unless the planning commission approves a “T” or “Y” shaped paved space in lieu of a turning circle.

(b)    The minimum right-of-way radius of a cul-de-sac shall be fifty feet. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The maximum roadway grade on arterial streets shall be six percent.

(b)    The maximum roadway grade on other streets and alleys shall be fourteen percent; however, the optimum grade is no more than ten percent and shall not be exceeded unless in unusual cases.

(c)    The minimum grade on all streets or alleys shall be no less than five-tenths percent. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The minimum centerline radii for horizontal curves shall be one hundred feet.

(b)    The minimum radii for vertical curves shall be fifty feet. (Ord. 1032 (Attachment A) (part), 1991)

Alleys are not required but may be included in the subdivision at the subdivider’s option. (Ord. 1032 (Attachment A) (part), 1991)

Because of the wide variety of topographic conditions, distances between established parks, proximity to natural areas and similar situations, the provision of required open space, play areas, etc., will be determined in each individual subdivision. (Ord. 1032 (Attachment A) (part), 1991)

The developer shall submit to the city engineer profiles of the proposed streets, drainage plans and right-of-way section drawings, including utility line placement for approval before any groundwork is begun. All design drawings shall be prepared by a state registered professional engineer. (Ord. 1032 (Attachment A) (part), 1991)

Full standard streets shall be required where both sides or a major portion thereof are being developed and three quarter standard streets will be required where only one side is being developed. The improvement standards for streets and sidewalks may be reduced according to the standards established in the master plan for a planned zone developed under the provisions of Division III of this title. (Ord. 1032 (Attachment A) (part), 1991)

(a)    Prior to the submission of a final plat for approval, all streets, alleys, utilities, monumentation and other improvements specified in this chapter shall be installed and completed by the subdivider to the satisfaction of the city engineer. Such improvements shall meet the standards specified in this division.

(b)    A performance bond in the amount of one hundred fifty percent of the value of the incomplete required improvements or other security satisfactory to the city may be posted in lieu of installation of improvements; provided, that such bond or other security is recommended by the city engineer and approved by the city council. The performance bond or other security shall specify exactly what improvements are covered and a time schedule for completion. The performance bond or other security may be released upon completion of all improvements and the posting of a maintenance bond for one year at ten percent of the value of the performance bond or other security. (Ord. 1032 (Attachment A) (part), 1991)

(a)    If an existing or proposed primary or secondary arterial so designated on the officially adopted Circulation Plan of Sumas is located in or adjacent to a subdivision, the subdivider shall be required to provide arterial right-of way in conformance with the design standards in Section 20.96.060, if such right-of-way is needed. The cost of improving such a street shall be borne by the subdivider in the amount comparable to improving a local access street; the city will assume the additional expense involved to install a primary arterial.

(b)    The paving width and other improvement design features for each primary arterial shall be forty-four feet minimum, with fifty-four feet desirable. The paving width and other improvement design features for each secondary arterial shall be forty-four feet minimum. The improvement standards for public arterials may be reduced according to the standards established in the master plan for a planned zone developed under the provisions of Division III of this title. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The pavement width for all collector, industrial and commercial streets so designated on the officially adopted Circulation Plan for Sumas shall be: high density, forty-four feet; low density, forty feet.

(b)    The city may participate in the additional expense of providing such a street if the primary use of the street is by the general public and the need for the enlarged street is not the result of the subdivision or of a particular traffic generator. (Ord. 1032 (Attachment A) (part), 1991)

For minor local access streets, the pavement width shall not be less than thirty-six feet; however, pavement width on a cul-de-sac may be reduced to thirty-two feet with a turnaround radius of forty feet. (Ord. 1032 (Attachment A) (part), 1991)

The hard-surfaced width for an alley shall be determined according to its design and intended use; however, sixteen feet is the optimum width, which should be required wherever possible. (Ord. 1032 (Attachment A) (part), 1991)

(a)    Sidewalks shall be installed on both sides of each street, except where three-quarter standard street is required. The minimum sidewalk width is five feet. Sidewalks shall be required in dead-end cul-de-sacs.

(b)    Pedestrian ways may be required where blocks are exceptionally large or where there is a need for pedestrian access in areas other than along streets. Such ways shall be at least three feet in width and shall be surfaced with hard, dustfree, level material acceptable for walking.

(c)    Where a master pedestrian/bicycle circulation plan has or is being approved by the city in connection with P.U.D. approval or in connection with a planned zone, alter native methods of pedestrian/bicycle circulation rather than sidewalks may be approved. (Ord. 1032 (Attachment A) (part), 1991)

The subdivider shall reserve a strip of land five feet in width lying adjacent to each exterior side of all dedicated public rights-of-way included in any plat. Such lands shall be recorded as public easements and shall be used primarily for the installation of required service utilities. Any and all franchised utilities, including city utilities, shall rightfully have access to and may use the easements. Exclusive use rights cannot be granted to any single or combination of utilities. (Ord. 1032 (Attachment A) (part), 1991)

(a)    A complete water distribution system shall be in stalled. Such system shall be adequate to serve the area being platted. Each lot shall be connected to the water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed on the street side, five feet out from the property line. The connection to each lot shall be maintained by and kept within the exclusive control of the city.

(b)    All water lines, hydrant connections and services shall be placed prior to improvement of the streets and shall be constructed in accordance with the appropriate codes and standards of the city. (Ord. 1032 (Attachment A) (part), 1991)

A sanitary sewer system shall be installed in such a manner where each and every building in which people live, congregate or are employed has a separate connection to the public sewer. Each connection and each fixture emptying into and through the connection shall be installed in the manner prescribed in the plumbing code of the city. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The most recent edition of the “Stormwater Technical Manual for the Puget Sound Basin” published by the Washington State Department of Ecology is adopted by reference and is hereinafter referred to as the technical manual.

(b)    New development and redevelopment, as defined within the technical manual, shall be subject to the minimum requirements established in Chapter 1-2 of the technical manual. (Ord. 1207 § 1, 1997: Ord. 1032 (Attachment A) (part), 1991)

In all subdivisions, adequate and satisfactory installation of electric power and communication facilities shall be required. All such facilities shall be installed underground except for the following:

(1)    Electric utility substations, pad-mounted transformers and switching facilities and power pedestals;

(2)    Electric transmission systems of a voltage of fifty five kilovolts or more;

(3)    Television amplifier cables;

(4)    Telephone pedestals, cross-connect terminals, repeaters and cable warning signs;

(5)    Street lighting standards;

(6)    Traffic-control equipment;

(7)    Temporary services for construction. (Ord. 1032 (Attachment A) (part), 1991)

(a)    The subdivider shall install at his expense street lights, street signs, and traffic-control devices to the satisfaction of the city engineer, and such facilities shall conform with the standards of the city.

(b)    Where a master graphic and lighting plan has or is being approved by the city in connection with P.U.D. approval or in connection with a planned zone, alternative methods of lighting and signage may be approved. (Ord. 1032 (Attachment A) (part), 1991)

Crosswalks shall be installed when, in the opinion of the city engineer, they are necessary. (Ord. 1032 (Attachment A) (part), 1991)

All street names shall be subject to recommendation of the planning commission and approval of the city council. The commission reserves the right to name or rename any street in any subdivision. (Ord. 1032 (Attachment A) (part), 1991)

A modification of the terms of this division may be granted because of unusual shade, exceptional topographic conditions, geological problems or other extraordinary situation or condition in connection with a specific piece of property when the literal enforcement of this division would involve practical difficulties or result in an undesirable plat. (Ord. 1032 (Attachment A) (part), 1991)

The city council shall have the authority to grant variances from the provisions of this division, provided the subdivider proves that the literal enforcement of this division would involve practical difficulties or result in an undesirable plat, and that such variances will not impair the maintenance of public health and safety. (Ord. 1176 § 56, 1996: Ord. 1032 (Attachment A) (part), 1991)

The city council shall be the sole authority to adopt, amend or repeal any or all parts of the subdivision regulations and ordinances. (Ord. 1032 (Attachment A) (part), 1991)

The utilities superintendent is designated and assigned the administrative and coordinating responsibility for processing of subdivision applications within the city. (Ord. 1176 § 57, 1996: Ord. 1032 (Attachment A) (part), 1991)

Any person, firm or corporation or association violating any of the provisions of this division is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the city jail for a period not exceeding thirty days, or by both such fine and imprisonment. Each person, as principal, agent or otherwise, is guilty of a separate offense for each day during any portion comply with any provision of this division is committed, continued or permitted by such person. (Ord. 1032 (Attachment A) (part), 1991)

The following applications for development actions as contained in this title shall pay the full cost of city review or preparation for each development action requested, including city staff, consulting assistants, (engineering, planning, legal and like action) and other expenses for printing, advertising and like services which may be incurred:

(1)    Planned unit developments;

(2)    Subdivisions, not including short plats;

(3)    Planned zone master plans;

(4)    Petitions to amend the comprehensive plan;

(5)    Petitions to amend zoning, subdivision or shoreline master program ordinances;

(6)    Rezones;

(7)    Other actions or projects which involve multiple zones, multiple permits, major street/utility/drainage issues or have potential effect on significant areas within the city. (Ord. 1032 (Att. A) (part), 1991)

Costs to be charged shall include the following:

(1)    City staff: basic salary plus benefits and overhead;

(2)    Consultants: hourly fees, expenses incurred and ten percent for city administrative expense;

(3)    Other direct costs including advertisements, copying, travel, etc. (Ord. 1032 (Att. A) (part), 1991)

The expenses of the city to be paid by the applicant shall commence when an applicant has either filed an application, or the request for preliminary preconstruction information has been received and the accompanying forms completed by the city. (Ord. 1032 (Att. A) (part), 1991)

All costs incurred by the city must be paid by the applicant prior to final approval or before permits are granted. On projects for which the review may extend over two months, the city may require payment in advance based on the estimated cost of the work which will be performed by city staff and/or consultants. The city manager will make these determinations and enter into agreement with the applicant for payment. (Ord. 1032 (Att. A) (part), 1991)

The city council, upon recommendation from the city planning commission, may waive fees for requested changes to the comprehensive plan and zoning, subdivision or shoreline management master program ordinances by citizen or similar nonprofit groups or other government jurisdictions, if the council feels the best interest of the city will be served. (Ord. 1032 (Att. A) (part), 1991)

In addition to any other fees and charges, the city council of the city of Sumas may establish a fee schedule setting forth fees and charges for certain permits, applications, land use, development and other similar type processes. (Ord. 1570 § 3, 2011: Ord. 1569 § 1 (Att. A), 2011; Ord. 1407 § 1, 2004; Ord. 1283 § 1, 1999; Ord. 1176 § 65, 1996; Ord. 1032 (Att. A) (part), 1991)

The following establishes the agreement format for developer improvements on streets, water, sewer and electrical and any other as applicable. (Ord. 1155 § 2, 1995)

LATECOMERS AGREEMENT FOR DEVELOPER IMPROVEMENTS

(Streets, Water, Sewer, Electrical, Etc.)

THIS LATECOMERS AGREEMENT (“Agreement”) is made and entered into this ____ day of _______, 199_, by and between the CITY OF SUMAS, a Washington municipal corporation (“City”), and ___________, a _______________ (“Owner”).

A.    The Owner has agreed to make the improvements for and on behalf of the City, the details of which are set forth on Exhibit “A,” attached hereto and made a part hereof.

B.    There are no adjoining property owners presently available to share in the cost and expense of the construction of such improvements. The parties wish to enter into an agreement providing for the installation of such improvements and providing for partial reimbursement to the Owner of a portion of the costs of such improvements pursuant to Chapter 35.72 RCW.

C.    The City has determined that the construction and installation of the improvements are in the public interest and the Owner is willing to pay all the costs and expenses for the installation of such improvements.

NOW, THEREFORE, the parties agree as follows:

1.    Description of Property.

1.1    Owner’s Property. The Owner acknowledges that it is the owner of the certain real property located in Sumas, Washington, legally described on Exhibit “B,” attached hereto and incorporated herein by this reference (“Owner’s Property”).

1.2    Benefited Property. Certain real property which is adjacent to or near the Owner’s Property will receive a benefit from the proposed improvements, which properties are legally described on Exhibit “C,” attached hereto and incorporated herein by this reference (“Benefited Properties”).

2.    Improvements. The Owner agrees to install, at his or her expense, the improvements (“Improvements”) as set forth on Exhibit “A,” attached. The Owner agrees that all work performed in connection with the Improvements shall be in full compliance with all applicable federal, state and City laws, including without limitation all City codes, ordinances, resolutions, policies, standards and regulations.

3.    Cost of Improvements. The Owner agrees that all expenses and claims in connection with the construction and installation of the Improvements, whether for labor or materials, have been or will be paid in full by the Owner. The Owner further certifies that the total cost of construction of the Improvements is equal to ___________ Dollars ($____________ ) (“Total Cost”). If the actual cost of the Improvements is different than the amount certified above, the Owner shall provide documentation to the City establishing the basis of any increased amount. In the event the City approves the increase, this increased amount shall be the Total Cost, for purposes of calculating the Benefited Properties pro rata share.

4.    Reimbursement.

4.1    Latecomer’s Obligation to Reimburse. Any owner of the Benefited Properties (“Latecomer”) who did not contribute his full pro rata share as determined by the Method, as outlined in Section 4.2 below, to the original cost of the Improvements, and who subsequently elects to develop his or her respective property within ten (10) years from the date this Agreement is recorded with the Whatcom County Auditor’s Office and at the time of development is not required to install the Exhibit “A” Improvements as a result of the installation by the Owner of the Improvements, shall not be granted a permit for the development without first paying to the City, in addition to any and all other costs, fees and charges associated with its proposed development Improvements, his or her pro rata share of the Total Cost of the Improvements and all administration costs associated with this Agreement, as determined by Subsection 4.2 herein.

4.2    Pro Rata Share. The method for determining the pro rata share of the Total Cost to be paid by any Latecomer shall be one of the following methods, hereinafter referred to as the “Method,” at the City’s election:

______ a.    front foot method

______ b.    zone front foot method

______ c.    square footage method

______ d.    contract method

______ e.    trip generation (traffic) method

______ f.    other equitable method

______ g.    any combination of methods a. through f. as described on Exhibit “B”, attached hereto and made a part hereof.

(check the applicable method of assessment)

The decision of the City Utility Superintendent or his or her authorized representative as to the Method used in determining or computing the amount due from any Late comer shall be final and conclusive.

4.3    Cost of Method Determination. The determination of the Method may require the hiring of an outside consultant (engineer, urban planner, etc.), and if such outside consultant, in the sole discretion of the City, is required, the Owner agrees to pay for the reasonable cost thereof, which cost and expense shall be added to the cost of the Improvements, as set forth in Section 3 above.

5.    Payment to Owner. The City agrees to pay a “Latecomer’s Fee” equal to all amounts received from Latecomers to the Owner within thirty (30) days after receipt thereof, less a ten percent (10%) processing fee.

6.    Term/Extension of Agreement. The tern of this Agreement is for a period of ten (10) years commencing on the date this Agreement is recorded and terminating ten (10) years thereafter; provided, however, that in the event an extension is authorizer) by the Sumas City Council, this Agreement may be extended for one (1) additional term not exceeding a five (5) year period (“Term”). The extension may be granted at City’s option upon a written request by the Owner prior to the expiration of the initial ten (10) year period.

7.    [Improvement] System. The Owner agrees that the Improvements have been or are about to be connected with the (e.g., utility and/or street systems, etc., of the City) and, upon such connection and acceptance by the City through its legislative body, the Improvements shall become a part of the City’s system or

8.    Recordation. This Agreement, or a shortened notice thereof, shall be recorded with the Whatcom County Auditor’s Office within thirty (30) days of execution of this Agreement by the City and the Owner.

9.    We to Improvements. The Owner hereby transfers to the City all of the Owner’s right, title and interest in and to the Improvements. The City reserves the right, without affecting the validity or terms of this Agreement, to make or cause to be made extensions to or additions of the Improvements, without liability on the part of the City.

10.    Assignment of Fees. The Owner hereby assigns to the City all of the Owner’s right, title and interest in and to any Latecomer’s Fee in the event the City is unable to locate the Owner to tender the same. The Owner shall be responsible for informing the City of its current and correct mailing address. The City will make a good faith effort to locate the Owner and, in the event the City is unable to do so, the Latecomer’s Fee shall be placed in the Special Deposit Fund held by the City for a period of two (2) years. At any time within this two (2) year period, the Owner may receive the Latecomer’s Fee, without interest, by notifying the City of the Owner’s then current mailing address. After the expiration of the two (2) year period, all rights of the Owner to any Latecomer’s Fee shall terminate, and the City shall be deemed to be the owner of such funds.

11.    Enforcement. The City does not agree to assume any responsibility to enforce this Agreement. This Agreement will be a matter of public record and will serve as a notice to all potential Latecomers. The Owner shall be responsible to monitor those parties enjoying the Improvements. In the event the City becomes aware of a Latecomer, it will use its best efforts to collect the Latecomer’s Fee, but shall not incur any liability should it fail to collect such fee.

12.    Indemnification. The Owner agrees to indemnify and hold the City, its elected officials, officers, employees, agents and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees or representatives, arising from, resulting from or connected with this Agreement or the construction or installation of the Improvements.

13.    Equal Opportunity Employer. In all of the Owner’s activities, hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination against any person because of sex, sexual orientation, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification.

14.    General Provisions.

14.1    Entire Agreement. This Agreement contains all of the agreements of the parties and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose.

14.2    Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties.

14.3    Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect.

14.4    Successors in Interest. This Agreement shall inure and be for the benefit of and shall obligate all of the parties, respective successors in interest, heirs, beneficiaries or assigns.

14.5    Attorney Fees. In the event either party defaults on the performance of any terms in this Agreement, and this Agreement is placed in the hands of an attorney, or suit is filed, the prevailing party shall be entitled to an award of its reasonable attorney’s fees, costs and expenses. The venue for any dispute related to this Agreement shall be Whatcom County, Washington.

14.6    No Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City’s right to declare another breach or default.

14.7    Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington.

14.8    Authority. Each individual executing this Agreement on behalf of the City and the Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City.

14.9    Notices. Any notices required to be given by the City to the Owner or by the Owner to the City shall be delivered to the parties at the addresses set forth below. Any notices may be delivered personally to the addresses of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing.

14.10     Captions. The respective captions of the paragraphs of this Agreement are inserted for convenience or reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement.