Vancouver City Zoning Code

20.300 Land

Division

20.310.010 Purpose.

Purpose. The purpose of this chapter is to provide rules and criteria governing approval of minor boundary adjustments between or among two or more legal lots to ensure that the newly-reconfigured lots meet applicable dimensional standards, if so requested by a property owner. (Ord. M-3643, 01/26/2004)

20.310.020 Applicability.

Boundary Adjustments may be recorded without review and approval of the City. Property owners may, however, request that a Boundary Adjustment be reviewed and approved by the City of Vancouver prior to being recorded with the Clark County Auditor to determine compliance with applicable lot dimensions, setbacks and other lot standards. (Ord. M-3643, 01/26/2004)

20.310.030 Approval Process.

A. Decision-making process. Boundary Adjustments shall be reviewed by means of a Type I procedure.

B. Time limit for recording. A legal description of the newly-configured lots approved by the Planning Official shall be recorded with the Clark County Auditor within 90 days of the date of the written decision, unless a longer time period is specified in the decision.

C. Extension. By means of a Type I procedure, the applicant may request an extension of the recording date for a period not to exceed one year provided that no changes are made from the original approval. (Ord. M-3643, 01/26/2004)

20.310.040 Submittal Requirements.

Applicants shall submit the following documentation as part of a request for a Boundary Adjustment compliance check:

A. Completed application form including signatures of all property owners involved in boundary line adjustment.

B. Survey. The proposed boundary line adjustment shall be prepared by a surveyor in accordance with the provisions of the Survey Recording Act (Chapter 58.09 RCW), clearly showing the following:

1. The dimensions of the existing property/properties involved.

2. The location of any improvements (structures, septic system, etc.).

3. The location and dimension of any access or utility easements.

4. The dimensions of the proposed new lot lines.

5. North arrow.

6. Zoning of each involved property.

C. Recorded deed. Copy of all property owners’ recorded deeds, verifying current ownership.

D. Sales history. Complete sales history of all parcels since 1969. Sales history is comprised of copies of all deeds or real estate contracts showing previous owners or divisions for the properties involved. It is used to verify the legal creation of the parcel and is available from either a title company or the Clark County assessor’s office. This is not required if the request involves lots within a subdivision which have not been altered or further divided.

E. Letter of intent. Letter of intent explaining the purpose of the request. The letter should also include information that may be helpful in evaluating the request.

F. Existing conditions or related development restrictions. Copies of existing conditions of approval, covenants, restrictions and/or easements.

G. Application fee. Application fee as contained in Chapter 20.180 VMC. (Ord. M-3643, 01/26/2004)

20.310.050 Approval Criteria.

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A. Approval criteria. The Planning Official shall approve, approve with conditions or deny a request for a boundary adjustment in writing based on findings addressing all of the following criteria:

1. No additional parcel(s) shall be created by the boundary adjustment;

2. The lot and location of any structure(s) on the lots shall comply with the minimum density, dimensional and area requirements of the zoning district, unless a variance is sought in conjunction with the request per the requirements of Chapter 20.290. Per VMC 20.410.040 (C)(1)(a), lots developed or approved before March 11, 2004, are exempt from the requirement for minimum density/maximum lot size. However, if a site is completely redeveloped, the new development must comply with the minimum density requirements contained in Table 20.410.010-1.

3. Legal access shall be provided to each of the lots; and

B. Exemptions from dedications. A boundary adjustment is not considered a development action for purposes of determining whether a dedication or improvement is required. (Ord. M-3922 § 17, 07/06/2009; Ord. M-3643, 01/26/2004)

20.320.010 Purpose.

Purpose. The purpose of this Chapter is to implement the policies of the various applicable state statutes including, but not limited to, Chapter 58.17 RCW, Findings; Chapters 35.63 and 65.08 RCW, and the City of Vancouver Comprehensive Plan. The regulations contained herein are intended to:

A. Promote the effective utilization of land and infrastructure;

B. Make adequate provision for the housing, commercial and industrial needs of the City, the county and the region;

C. Prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies and standards, including the provisions of the Development Code (Title 20 VMC); and

D. Provide for the efficient processing of subdivision applications without undue delay. (Ord. M-3643, 01/26/2004)

20.320.015 Applicability.

All divisions of land except those listed in Subsection (D) below, shall be subject to the requirements of this Section.

A. Short subdivisions. A short subdivision is a land partition containing nine (9) or fewer lots.

B. Subdivisions. A subdivision is a land partition containing ten (10) or more lots.

C. Infill Subdivisions and Short Subdivisions, pursuant to additional requirements of Section 20.920 VMC.

D. Exemptions. The provisions of this Chapter shall not apply to the following:

1. Cemeteries and burial plots while used for that purpose.

2. Divisions of land into lots or tracts, each of which is 1/64 of a section of land or larger, or 10 acres or larger, if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this item which borders on a street or road, excluding limited-access streets or roads, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street, and the side lot lines of the lot running perpendicular to such centerline.

3. Divisions and/or acquisitions of land pursuant to condemnation or threat of condemnation by a government agency public purposes.

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

5. Divisions of land made by subjecting a portion of a parcel or tract of land to Chapter 64.34 RCW (Condominiums) if the Planning Official has approved a binding site plan in accordance with Chapter 20.330 VMC.

6. Divisions of land into lots or tracts classified for industrial or commercial use, when the Planning Official has approved a binding site plan for use of the land in accordance with Chapter 20.330 VMC.

7. A division made for the purpose of adjusting boundary lines which does not create any additional lots, tracts, parcels, sites or divisions, nor any lots, tracts, parcels, sites or divisions which contain insufficient area and/or dimensions to meet the minimum requirements for width, depth and/or area for a lot.

8. Divisions created by a court order that result in lots that conform to the requirements of this Title. (Ord. M-3643, 01/26/2004)

20.320.020 Approval Process.

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1. Short subdivisions. The planning official shall approve, approve with conditions or deny an application for a short subdivision preliminary plat by means of a Type II procedure, pursuant to VMC 20.210.050, using approval criteria contained in VMC 20.320.040, and additional requirements of Chapter 20.920 VMC if a qualifying infill development, and Chapter 20.927 VMC if a qualifying narrow lot development.

2. Subdivisions. The hearings examiner shall approve, approve with conditions or deny an application for a subdivision preliminary plat by means of a Type III procedure, pursuant to VMC 20.210.060, using approval criteria contained in VMC 20.320.040, and additional requirements of Chapter 20.920 VMC if a qualifying infill development or Chapter 20.927 VMC if a narrow lot development.

B. Term of preliminary plat approval. Approval of a preliminary short subdivision or subdivision shall be valid for a period of seven years, except as provided by RCW 58.17.140(3)(b), subject to verification of utility availability, during which time an application for final plat meeting all the requirements of this chapter and all conditions of preliminary plat approval shall be made; provided, that extensions of preliminary short subdivision or subdivision plat approval may be granted in accordance with the procedures and criteria set forth in subsection D of this section.

C. Phasing. The developer may develop the short subdivision or subdivision in phases. Any phasing proposal shall be submitted with application materials for the preliminary plat and approved by the review authority, except that the planning official may approve a phasing plan for an approved short subdivision or subdivision by means of a Type I procedure, governed by VMC 20.210.040, Type I Applications, upon finding that:

1. The phasing plan includes all land identified within the legal notice of the approval hearing;

2. The sequence of phased development is identified by map;

3. Each phase shall constitute an independent project meeting all of the requirements for density, open space, public and private infrastructure, landscaping, pedestrian and vehicle circulation, etc.; and

4. The director of public works and transportation manager have approved the necessary documents to determine that all streets, sanitary and storm sewers, water and other public improvements, including but not limited to drainage improvements, and erosion control measures are assured.

D. Extensions. Extension requests shall be reviewed in accordance with the following criteria:

1. An initial one-year extension request, which has been filed at least 30 days prior to the expiration of the seven-year period, shall be reviewed by the planning official by means of a Type I procedure, as governed by VMC 20.210.040, upon showing that the applicant has attempted in good faith to meet the conditions for the final plat within the seven-year period.

2. Two additional two-year extension requests may be granted by the planning official by means of a Type II procedure, as governed by VMC 20.210.050, providing the applicant demonstrates compliance with all of the following criteria:

a. The applicant has pursued compliance with all conditions of preliminary plat approval and submitting the final plat in good faith; and

b. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes that are inconsistent with the approved preliminary plat.

3. Short subdivisions or subdivisions that have been approved for phased development pursuant to subsection C of this section may receive subsequent two-year extensions in accordance with the criteria of subsection (D)(2) of this section so long as at least one phase received final plat approval and was properly recorded within four years prior to each such subsequent extension request.

E. Transportation concurrency. The approval of extensions notwithstanding, the applicant shall comply with the provisions of Chapter 11.70 VMC, Transportation Concurrency.

F. Land transfer agreements. Agreements to transfer land prior to final plat are authorized; provided, that the performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel and shall comply with the requirements of 58.17.205 RCW. (Ord. M-4034 § 8, 12/03/2012; Ord. M-3959 § 22, 07/19/2010; Ord. M-3643, 01/26/2004)

20.320.030 Preliminary Plat Application Requirements.

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A. Application – Fees. The applicant must submit a completed application form as prescribed by the planning official with applicable fee per Chapter 20.180 VMC.

B. Submittal Requirements. Applications for preliminary short subdivisions or subdivisions shall be on a scale legible for digital reproduction and shall include the following:

1. Existing conditions plan. The existing conditions plan shall include pertinent survey data compiled as a result of a survey made by or under the supervision of a licensed land surveyor in the state of Washington and shall include the following information:

a. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations within a 500-foot radius of the site;

b. The site size, dimensions and orientation relative to true north;

c. Remaining easements;

d. The location, name and dimensions of public and private streets adjoining the site, identifying whether the streets are public or private;

e. Location, dimension, and purpose of existing easements;

f. The location of existing structures and other improvements on the site, including buildings, driveways, parking, loading, pedestrian and bicycle paths, passive or active recreational facilities or open space and utilities;

g. Elevation of the site at two-foot contour intervals for grades zero percent to 10 percent and at five-foot contour intervals for grades more than 10 percent;

h. The location of natural conditions such as:

i. Water bodies, the 100-year floodplain, aquatic habitats, natural drainage courses, wetlands, springs, seeps, closed depression areas, groundwater elevations, aquifers, and wellhead protection areas;

ii. Geological hazard areas such as slopes in excess of 15 percent, unstable or weak soils, soils with high erosion potential, rock outcroppings, and areas of healthy native soils and hydraulic conductivity;

iii. Existing vegetation including stands of trees and individual trees, additional information necessary to comply with Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, and areas of wildlife habitat.

2. Preliminary plat. The proposed preliminary plat shall include the name of the subdivision or short subdivision which shall not be named the same as an existing plat recorded in Clark County, Washington, along with the following:

a. The proposed site and its dimensions and area.

b. Proposed lots, tracts and easements, including dimensions, individual lot areas and total acreage.

c. Abutting properties or, if abutting properties extend more than 100 feet from the site, the portion of abutting properties within 100 feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.

d. The location and dimensions of development, including but not limited to the following:

i. Streets and other rights-of-way and public or private access easements on and adjoining the site;

ii. Vehicle and bicycle parking and pedestrian bicycle and vehicular circulation areas;

iii. Loading and service areas;

iv. Active or passive recreational or open space features;

v. All utilities;

vi. Existing structures to be retained on the site and their distance from proposed property lines;

vii. Proposed structures on the site, including signs and fences, and their distance from property lines if known at time of land division;

viii. The location and type of proposed outdoor lighting and existing lighting to be retained if known at time of land division; and

ix. Boundary delineation of any wetlands including required buffers and shoreline setback lines if applicable.

3. Narrative. The narrative shall include the following:

a. A comprehensive narrative addressing how the development complies with preliminary plat approval criteria in VMC 20.320.040 and the technical standards in VMC 20.320.070; other applicable standards of this title and the policies of the comprehensive plan outlined by staff as being applicable to the proposed development;

b. Description of the uses proposed for the site;

c. Phasing plan, if applicable;

d. Any variances requested pursuant to the regulations in Chapter 20.290 VMC;

e. Existing covenants or restrictions and easements, if applicable; and

f. History of any previous subdivisions and short subdivisions of the property.

4. Supplementary information. The following supplemental information shall also be submitted unless otherwise indicated in parentheses:

a. Environmental checklist that complies with Chapter 20.790 VMC, SEPA Regulations (if applicable);

b. Legal description;

c. Geotechnical/soils survey, if applicable;

d. Tree, vegetation, and soil plan that complies with the requirements of Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation;

i. Grading plan indicating areas of soil protection and compaction prevention;

ii. Erosion prevention measures as required in Chapter 14.24 VMC; and

iii. Stormwater site plan as required in Chapter 14.25 VMC.

f. Archaeological predetermination report, if applicable, that complies with the requirements of Chapter 20.710 VMC, Archaeological Resource Protection;

g. Repealed by Ord. M-4402 .

h. Clark County public health development review evaluation form or copy of application to Clark County public health;

i. Certified mailing list. Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in VMC 20.210.050 and 20.210.060, decision-making procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within the 500-foot radius. Such list shall be certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available county assessor records;

j. Traffic study or trip generation and distribution report in compliance with VMC Title 11. (Ord. M-4496 § 3(D), 2025; Ord. M-4402 § 3(J), 2023; Ord. M-4289 § 4, 2019; Ord. M-4254 § 3(V), 2018; Ord. M-4179 § 72, 2016; Ord. M-3643, 2004)

20.320.040 Preliminary Plat Approval Criteria.

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Approval criteria. To grant approval of a preliminary short subdivision or subdivision, the applicant must demonstrate compliance with all of the following criteria:

A. Public facilities provision. Appropriate provisions to the extent necessary to mitigate an impact of the development have been made for transportation, water, storm drainage, erosion control and sanitary sewage disposal methods that are consistent with the City’s current ordinances, standards and plans;

B. Proposed improvements. Appropriate provisions have been made for proposed streets, alleys and public ways, utilities and other improvements that are consistent with the City’s current ordinances, standards and plans, and Department of Health and/or Washington State Department of Transportation standards and plans, where applicable;

C. Open space and dedications. Appropriate provisions to the extent necessary to mitigate an impact of the development have been made for open space, parks, schools, dedications, easements and reservations;

D. Physical characteristics. The design of the proposed short subdivision or subdivision site has taken into consideration the physical features of the site, including but not limited, to: topography, soil conditions, susceptibility to flooding, inundation or swamp conditions, steep slopes or unique natural features such as wildlife habitat or wetlands;

E. Re-platting of existing subdivisions. When re-platting an existing subdivision, the short subdivision or subdivision shall comply with all of the terms and conditions of the existing subdivision’s conditions of approval;

F. Compliance with all requirements of this title. The proposed short subdivision or subdivision complies with all applicable requirements of this title unless modified through the approval; and

G. Compliance with State requirements. That the proposed short subdivision or subdivision complies with the requirements of RCW 58.17.110.

H. Narrow Lot Additional Criteria. Land divisions which contain one or more residential lots having a width of less than 40 feet shall meet additional criteria of VMC 20.927.030 A, B and C. (Ord. M-4147 § 4, 12/07/2015; Ord. M-3778 § 3, 12/04/2006; Ord. M-3643, 01/26/2004)

20.320.050 Final Plat Application.

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A. Final plat application and fees. A complete application, including all supplemental documentation and correct number of copies, shall be filed with the planning official along with all associated fees per Chapter 20.180 VMC.

B. Proposed final plat. The proposed final plat shall be prepared by a surveyor in accordance with the provisions of the Survey Recording Act (Chapter 18.90 RCW) as it now exists or hereafter amended. The plat shall consist of one or more pages of a size acceptable to the recording authority, and drawn to a minimum scale of one inch equals 50 feet. The drawing shall contain the following:

1. Date, north arrow and scale;

2. Name of subdivision and applicable project numbers;

3. Letter height must not be less than 0.08 inches;

4. Heavy dashed line around the exterior boundary;

5. All section, township, municipal and county lines lying within or adjacent to the subdivision;

6. Legend;

7. The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries, and all permanent monuments with linear dimension, including dimensions to every curb screw;

8. The boundary of the subdivision with complete bearings and linear distances;

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

10. The length of all lot lines, together with bearings and other data necessary for the location of any lot line in the field;

11. Identification of areas to be dedicated or reserved clearly indicated with location, size and purpose. These may include rights-of-way width, public easements, private easements, specific utility easement and type, open space tracts, wetland, etc.;

12. Numbers assigned to all lots, indication of the acreage and/or square footage of each lot, and letters assigned to all blocks within the subdivision;

13. Surveyor’s certification on the face of the plat by a registered land surveyor:

I, [insert printed name of licensed surveyor], registered as a land surveyor by the state of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision. That the distances, courses, and angles are shown hereon correctly, and that the monuments, other than the monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.
Signature of Licensed Surveyor: _________________________ Date Signed:________________
Professional Land Surveyor No. _________________________ Sealed

14. Signature blocks for the following:

a. Director of public works;

b. Director of community development;

c. Clark County public health signature or a letter from public health is provided confirming completion of the public health’s development review process;

d. County assessor;

e. Auditor’s certification.

C. Additional final plat application requirements:

1. Final Performance and Maintenance Bond (if applicable);

2. Legal description of boundary which has been certified by the land surveyor with seal and signature as being an accurate description of the lands actually surveyed;

3. Mathematical closures;

4. Certification of platting from a title company;

5. Dedication of Plat. A plat certificate shall be provided, including dedications, if any (RCW 58.17.165). The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat, or modification showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing;

6. Treasurer’s certificate;

7. Conditions, covenants and restrictions, notes, and/or binding agreements as required by this code, SEPA, conditions of preliminary plat approval or other law, including but not limited to the following:

a. Private road maintenance agreement (if applicable);

b. Recorded conservation covenant (if applicable);

8. Final tree and landscaping plan, including street trees;

9. Other supporting documents required pursuant to the preliminary plat decision;

10. Mylar Submittal. Upon compliance of the final plat and the construction plans with all preliminary plat conditions and with all applicable adopted statues and local ordinances, the planning official shall request submittal of the final plat mylar(s) for signature. (Amended during 4/23 update; Ord. M-4354 § 3(D), 2021; Ord. M-4254 § 3(W), 2018; Ord. M-4179 § 73, 2016; Ord. M-3959 § 23, 2010; Ord. M-3922 § 18, 2009; Ord. M-3643, 2004)

20.320.060 Final Plat Approval.

1. An applicant requesting final approval of a plat shall submit to the planning official copies of the materials specified in VMC 20.320.050.

2. The planning official shall coordinate the final plat review among the appropriate city and/or county departments.

3. Upon consideration of the approval criteria below, the planning official shall forward the final plat to the public works director and community development director for signature.

a. The plat is in proper form for recording as established by the submittal requirements;

b. The final plat map and mathematical closures are in compliance with the survey standards set forth in Chapter 58.17 RCW;

c. All required improvements have been completed or security acceptable to the city in lieu of completion guaranteeing that all required improvements will be completed;

d. The final plat is in conformance with conditions of preliminary plat approval;

e. The final plat complies with the requirements of this chapter and all applicable adopted states and local ordinances.

4. The final plat shall be recorded with the Clark County auditor. It shall be the responsibility of the applicant to record the plat with the county auditor.

5. Upon recording of the final plat with the Clark County auditor, the applicant shall submit two full-size copies of the actual recorded mylar to the planning official.

1. In lieu of the completion and acceptance of any required public or private improvements prior to approval of a final plat, the director of public works may accept an escrow or other form of security acceptable to the city, in an amount and with conditions satisfactory to him. The security to the city shall be sufficient to ensure that the actual construction and installation of such improvements occur within a period specified in the agreement by the director of public works and completion of the improvements in accordance with the agreement shall be enforced by the director of public works and/or transportation division manager by appropriate legal and equitable remedies.

2. Construction of streets and utilities shall not start prior to the approval of the civil engineering construction plans by the director of public works. However, rough grading operations may proceed before the plans are approved by the director of public works under the following conditions:

a. The grading plan and erosion control plans, are submitted along with an application for the grading permit; including applicable fees;

b. The grading plan is in conformance with the approved preliminary plat;

c. The grading plan will not be in conflict with the street profiles and drainage structure plans;

d. A hold harmless agreement signed by the applicant in the case of mandated change to the engineering plans associated with the plat; and

e. These plans receive approval from the department of public works and/or transportation division. (Amended during 4/23 update; Ord. M-4254 § 3(X), 2018; Ord. M-3643, 2004)

20.320.070 Technical Standards.

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1. Principles of acceptability. The short subdivision or subdivision shall conform to the comprehensive plan. The short subdivision or subdivision shall conform to the requirements of the state law and to the standards established by this title.

a. Street improvement standards. All proposed streets and street improvements shall comply with the provisions of VMC Title 11 and approved transportation standards details on file with the public works department.

b. Blocks. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated; consideration of the needs for convenient access, circulation, control, safety of motor vehicular, bicycle and pedestrian traffic and recognition of limitations and opportunities of topography.

c. Blocks shall not exceed 1,300 feet in length between street lines, except blocks adjacent to arterial streets or unless a previous adjacent layout or topographical conditions justify variation. The recommended minimum distance between intersections of arterial streets is 1,800 feet. Minimum length of a block shall not be less than 180 feet.

1. Utility lines. Easements for sewers, drainage, water lines, electric lines or other public use utilities shall be provided. The size and location of the easement shall be reviewed and approved by the appropriate utility provider.

2. Watercourses. If a subdivision is traversed by a watercourse, such as a drainageway, channel or stream, there shall be provided a stormwater easement for the width of the watercourse plus 15 feet on each side of the watercourse. Streets or parkways parallel to a major watercourse may be required.

3. Pedestrian/bicycle ways in and through residential subdivisions. In blocks over 800 feet in length, a pedestrian/bicycle way with a minimum width of 16 feet shall be required through the middle of the block when required by the transportation manager for public convenience and safety; 12 feet of the 16-foot corridor shall be paved in a durable material. If unusual conditions require blocks longer than 1,200 feet in length, two pedestrian/bicycle ways shall be required. When required by the transportation manager for public convenience and safety, pedestrian ways shall be required to connect cul-de-sacs or to pass through unusually shaped lots.

e. Flag lots. Flag lots may be permitted; provided, that the minimum width of the flag stem be 15 feet for a single lot and 20 feet for a shared flag access, and it is in compliance with fire access standards contained in VMC 16.04.150. No more than four lots may be accessed from a single flag stem. A private maintenance agreement shall be recorded for driveways which serve more than one lot.

f. Lot side lines. Side lines, as far as practical, shall run at right angles to the street on which the lot faces.

g. Lot frontage. With the exception of flag lots, all lots shall abut on a public or private street with a minimum frontage of not less than 20 feet.

h. Parks and playgrounds. The review authority shall see that appropriate provision is made for parks and playgrounds to serve the proposed subdivision.

i. Narrow Lot Land Divisions. Land divisions which contain one or more residential lots having a width or less than 40 feet shall meet the development standards of VMC 20.927.040.

j. Existing trees. All subdivision developments shall comply with the tree and vegetation management provisions contained in Chapter 20.770 VMC, Tree, Vegetation and Soil Conservation.

2. Procedure for installation. In addition to other requirements, improvements installed by the developer of the short subdivision or subdivision, either as a requirement of these regulations or at his own option, shall conform to the requirements of this title and improvement standards, specifications, inspections and procedures as set forth by the city and administered by the department of public works and community development department, and shall be installed in accordance with the following procedures:

a. Public work shall not commence until civil engineering plans, prepared in accordance with the requirements of the city, have been approved by the city: all required permits have been obtained and a preconstruction conference has been conducted. Public work shall not be commenced until the city has been notified in advance.

b. If work has been discontinued for any reason, it shall not be resumed until the city has been notified.

c. Public improvements shall be constructed under the inspection and to the satisfaction of the director of public works or their designee. The city may require changes in typical sections and details in the public interest if unusual conditions arise during construction to warrant the change.

d. All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of the short subdivision or subdivision shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length precluding the necessity for disturbing the street improvements when surface connections are made.

e. A plan showing all improvements “as built” shall be filed with the development review services upon the completion of the improvements.

f. Public improvements required. Improvements to be installed at the expense of the owner of the short subdivision or subdivision are as follows:

i. All full-width streets, sidewalks, curbs and gutters, including alleys, within or adjacent to the subdivision or short subdivision; streets adjacent but only partially within the short subdivision or subdivision; and the extension of short subdivision or subdivision streets to the intercepting paving line of existing streets with which short subdivision or subdivision streets intersect shall be graded for the full right-of-way width and improved to the city’s improvement standards and specifications.

ii. Half-width roads. In situations where the property being developed does not permit full-width public streets, half roads having a minimum right-of-way or easement and roadway improvement width of one-half of the design width may be permitted when placed adjacent to adjoining property so long as there is no physical obstruction or development constraint prohibiting the completion of the street on such adjoining property; provided, that public street half-width shall be a minimum of 20 feet wide. Public half-width streets serving six or more parcels shall be required to dedicate additional right-of-way as necessary to provide for a minimum of one foot of right-of-way beyond the edge of the sidewalk. Further, additional right-of-way or easement may be required between the edge of the roadway and the property line for construction clearance, slopes or other features. Half-width public streets shall serve a maximum of 200 ADT. If the number of trips generated is greater than 200 ADT, the street shall be widened to full-width standards. Parking shall be prohibited along any half-width street and necessary signs and pavement markings shall be the responsibility of the developer.

iii. Benchmarks. When required, elevation benchmarks shall be established within the subdivision with elevations to U.S. Geological Survey datum.

iv. Drainage systems. Surface drainage systems shall be provided within the subdivision or short subdivision. The design of the drainage system within the short subdivision or subdivision shall be in accordance with the standards set forth by Chapter 14.25 VMC, as administered by the department of public works.

v. Erosion control and stormwater quality. Facilities shall be provided within the short subdivision or subdivision to enhance stormwater runoff and protect existing and future drainage facilities. The design of the erosion control and stormwater quality system shall be in accordance with the standards set forth by the city, pursuant to Chapters 14.24 and 14.25 VMC, as administered by the department of public works.

vi. Sanitary sewers. Sanitary sewers shall be installed to serve the short subdivision or subdivision and to connect the short subdivision or subdivision to existing mains.

vii. Water system. Water lines with valves and fire hydrants serving the short subdivision or subdivision and connecting the subdivision or short subdivision to the city mains shall be installed according to specifications of the city, pursuant to VMC Title 14, Water and Sewers, as administered by the department of public works.

viii. Sidewalks. Sidewalks shall be installed along both sides of each street within and/or adjacent to the short subdivision or subdivision, unless exempted by approval of a roadway modification, by the review authority and along pedestrian ways of the short subdivision or subdivision. Sidewalks shall be installed according to the specifications of the city, pursuant to VMC Title 11, Streets and Sidewalks, as administered by the department of public works.

ix. Street trees. Street trees shall be planted along both sides of each street within the short subdivision or subdivision and along any portion of the short subdivision or subdivision that fronts upon an existing street. Street trees shall be planted 30 feet on-center and be of a species approved by the city planning official.

x. Other. When special conditions are encountered in the plans for improvements such as fill section requiring the placement of guardrails, ditches requiring drainage appurtenances, or other protection against erosion such as slopes requiring use of sod and/or seeding, such improvements shall be considered as an integral part of the improvement construction. Such special improvements shall be approved by the director of public works or transportation manager prior to commencement of construction.

i. Short Subdivisions or Subdivisions. Before the public works and community development directors’ approval is certified on the plat of a subdivision, the developer shall either install required improvements and repair any damage to the existing streets or other facilities damaged due to the development of the subdivision, or at the city’s discretion execute and file with the city clerk an agreement between herself/himself and the city specifying a period not to exceed two years in which the required improvements and repairs shall be completed and providing that if work is not completed within the period specified, the city may complete the work and recover the full cost and expense from the subdivider.

ii. Escrow or other form of security acceptable to the city required – Public improvements. The city may accept from the developer of any short subdivision or subdivision, in lieu of completion and acceptance of certain approved required public improvements prior to approval of a final plat, an escrow agreement or other form of security acceptable to the city which secures and provides for the actual construction and installation of the improvements of the conditions of plat approval and subject to the following:

(A) The use of escrow in lieu of construction completion shall be limited to work items representing end-of-project issues that are generally outside the control of the developer. Examples may include: top layer of pavement, landscaping or sidewalk construction in unfavorable weather seasons, delayed delivery of long-lead-time items like street lighting or traffic signal equipment. The use of escrow shall not be approved for underground utility installation.

(B) The developer shall submit a written request and the appropriate forms to the director of public works, or designee, for review, which shall include the following information:

(1) A scheduled unit cost breakdown for project work to be completed presented as Exhibit “A”; an agreement will not be accepted without an approved unit cost breakdown for the project.

(2) A draft of the escrow agreement in a form approved by the city.

(3) Any other documents deemed necessary by the city.

(4) Applicable processing fee.

(C) Upon approval of an escrow or other form of security acceptable to the city, recording of the final plat is allowed, provided all other conditions to be met prior to final plat approval have been satisfied.

iii. Escrow or other form of security acceptable to the city required – Private improvements. The city may accept from the developer of any subdivision or short subdivision, in lieu of completion and acceptance of certain approved required private improvements prior to approval of a final plat, an escrow agreement or other form of security, acceptable to the city, which secures and provides for the actual construction and installation of the private improvements or the performance of the conditions of agreement for plat and subject to the following:

(A) Use of escrow or other form of security acceptable to the city in lieu of completion and acceptance of such required private improvements shall be limited to:

(1) Approved private transportation system improvements, including sidewalks and streetlights, provided emergency access improvements are constructed on site as needed;

(2) Approved private stormwater collection and management facilities;

(3) Approved landscaping and trees to meet minimum on-site tree density, including installation and maintenance costs.

(B) The developer shall submit a written request along with the appropriate forms to the planning official for review.

(1) A scheduled cost breakdown for project work to be completed presented as Exhibit “A”; an escrow agreement shall not be accepted without an approved unit cost breakdown for the remaining improvements.

(2) A draft escrow agreement in a form provided by the city.

(3) An irrevocable license signed by the owner of subject property to run with the property which provides the city with the right to allow the employees, agents, or contractors of the city to go on access the subject property for the purpose of inspecting and, if necessary, doing completing the work or making the improvements covered by the escrow or other form of security acceptable to the city.

(4) Any other documents deemed necessary by the city.

(5) Applicable processing fee.

(D) Upon approval of an escrow or other form of security acceptable by to the city, recording of the final plat is allowed, provided all other conditions required to be met prior to the final plat approval have been satisfied.

iv. Amount of escrow or other form of security acceptable to the city. Such assurance of full and faithful performance shall be for a sum approved by the planning official as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

v. Failure to carry out agreement. In the event the developer of the short subdivision or subdivision fails to carry out provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the escrow or other form of security acceptable to the city shall be forfeited and the money shall be paid to the city to defray its costs. If the amount of the escrow or other form of security acceptable to the city exceeds the cost and expense incurred by the city, the city shall release the remainder and if the amount of the escrow or other form of security acceptable to the city is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference.

vi. Guarantee of workmanship and materials. It shall be required that a 110 percent maintenance bond or bonds be posted to guarantee all workmanship and material for a period of one year from the date of the acceptance of the improvements by the city. This is provided that in the judgment of the director of public works any defects are not the result of public abuse, misuse or acts of God. City inspection does not give relief from the one-year guarantee on workmanship.

vii. Release of escrow or security. Upon completion of required improvements, the subdivider shall request in writing that the planning official or director of public works release all or a portion of the funds held in escrow. Such improvements shall be inspected and accepted as complete by the city prior to the release of any such escrow funds, or portion thereof.

B. Public improvements plan. Where public improvements are required, plans for such improvements shall be submitted to the director of public works. Public improvements shall be designed by or under the direct supervision of a licensed professional civil engineer as required by statute, pursuant to Chapters 18.08, 18.43, and 18.96 RCW, and shall meet, as a minimum, the requirements of this section. The engineer shall certify the plans by seal and signature. Such certification shall contain the following: (1) subdivision name; (2) name, mailing address, and telephone number of engineer preparing the plan; and (3) date, including month and year. All public improvement plans shall be submitted for review and approval by the director of public works.

C. Monument-setting. All monuments set in subdivisions shall be at least one-half-inch by 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument.

1. Centerline monument-setting. After paving, except as provided in subsection (C)(4) of this section, monuments shall be driven flush with the finished road surface at the following intersections:

a. Street centerline intersections;

b. Points of intersection of curves if placement falls within the paved area or otherwise, at the beginnings and endings of curves;

c. Intersections of the plat boundary extensions and street centerlines.

2. Property line monument-setting. All front corners, rear corners, and beginnings and endings of S curves shall be set with monuments, except as provided in subsection (C)(4) of this section. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property-line monuments may be provided by brass screws or concrete nails with the surveyor’s license number at the intersections of curb lines and the projections of side property lines. If curb monuments are used, it shall be noted on the plat, and also that such monuments are good for projection of line only and not for distance.

3. Post-monument-setting. All monuments for the exterior boundaries of the short subdivision or subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final short subdivision or subdivision construction inspection by the director of public works, and if the developer guarantees such interior monument-setting.

a. The developer shall sign the following certification, the existence of which shall be noted on the plat, if post-monument-setting of the interior monuments is chosen:

DEVELOPER’S CERTIFICATION FOR POSTMONUMENTATION
I, certify that the post-monument-setting of the interior monuments of this plat shall be accomplished within ninety (90) days of final acceptance of subdivision construction by the Director of Public Works for the City of Vancouver, Clark County and State of Washington.
(Signature)

b. The land surveyor who performs any post-monument-setting shall certify that the interior monuments have been set in compliance with the final plat, and shall record the following certification with the county auditor:

I, certify that I have set the interior monuments for (name of subdivision) a subdivision plat recorded in Book ( ___ ), page ( ___ ), Records of Clark County, and that said monuments are set in compliance with said final plat.
Dated this ( ___ ) day of ( ________ ), 20__.
(License number, seal, and signature of surveyor).

c. If the surveyor cannot certify that the monuments are in compliance with the final plat, the discrepancy shall be resolved by filing an amended final plat in accordance with the provisions of VMC 20.320.080(D)(1).

4. Post-monument-setting bonds. In lieu of setting interior monuments prior to final plat recording as provided in VMC 20.320.080(C)(2), the director of public works may accept a bond in an amount and with surety and conditions satisfactory to him/her, or other secure method as the director of public works may require, providing for and securing to the city the actual setting of the interior monuments as provided in VMC 20.320.080(C)(2) and to be enforced by the director of public works by appropriate legal and equitable remedies.

D. Survey standards. All surveys shall comply with standards set forth by state statutes, drafting standards of this title, and Chapter 332-130 WAC, except that linear closures after azimuth adjustment shall be at least a ratio of 1:10,000 for WAC 332-130-090. Where conflicts are identified, the most restrictive standard shall prevail.

1. Elevations of vertical information. Where required, any elevations or vertical information shall have an accuracy of third-order specifications as published by the U.S. Department of Commerce in a bulletin entitled “Classification, Standards of Accuracy, and General Specifications of Geodetic Control Surveys,” and bench marks with the datum used shall be shown on the plat.

1. Preferred scale proportions. The preferred scale proportions for preliminary and final plat are ratios as follows:

a. 1:600 or one inch equals 50 feet.

b. 1:1,200 or one inch equals 100 feet and 1:2,400 or one inch equals 200 feet; but in no case shall the proportion exceed 1:2,400.

2. Final plat drawing requirements. The final plat shall be drawn with ink upon three-mil mylar film, or equivalent; sheet size as required by recording agency with a one-inch border on each side.

3. Lettering. Lettering shall be at least 0.08 inches high, and the perimeter of the final plat shall be depicted with heavier lines (dashed) than the remaining portion of the plat.

4. Location. All data necessary for the location in the field of all points within the plat shall be shown. Straight lines shall be designated with bearing and distance; curves shall be designated by arc length, central angle and radius. All dimensions shall be in feet or meters, and decimals thereof to the nearest 1/100 of a foot, or 5/1,000 of a meter; except that angles shall be in degrees to the nearest second. (Ord. M-4402 § 3(K), 2023; Ord. M-4354 § 3(E), 2021; Ord. M-4254 § 3(Y), 2018; Ord. M-4179 § 74, 2016; Ord. M-4034 § 9, 2012; Ord. M-3847 § 5, 2007; Ord. M-3778 § 4, 2006; Ord. M-3701 § 11, 2005; Ord. M-3643, 2004)

20.320.080 Other Provisions.

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A. Variances. One or more variances may be requested relating to any of the design or development standards contained within VMC 20.320.070 except those for which variances are expressly prohibited, as listed in VMC 20.290.010. These shall be requested concurrently subject to the procedural requirements and approval criteria contained in VMC 20.290.040. No variances to procedural regulations are permitted.

1. All plats or development approvals under this title issued for residential development activities within one-quarter mile of lands zoned agricultural or from existing agricultural or mineral resource operations shall be accompanied by a notice provided by the planning official. Said notice shall include the following disclosure:

a. The subject property is within one-quarter mile of designated agricultural land or mineral resource land as applicable, on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. Potential discomforts or inconveniences may include, but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery, including aircraft, during any hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.

b. In the case of subdivision plats, short subdivision plats or recorded binding site plans, such notice shall also be recorded separately with the Clark County auditor.

2. All plats or development approvals under this title issued for residential development activities shall provide a barrier such as fencing or vegetation between the immediately-adjacent residential lots and agricultural and mineral resource activities. A natural buffer, such as a wetland, swale or berm, may substitute for the barrier upon approval of the planning official. Lots with street frontage are not required to provide a barrier between residential uses and an adjacent agricultural or mineral resource activity across the street.

1. Preliminary plats for commercial and industrial properties shall comply with all of the requirements of VMC 20.320.030 and 20.320.040.

2. Final plats for commercial and industrial properties shall comply with all of the requirements of VMC 20.320.060 except that the final plat shall be in substantial compliance with the preliminary plat if lot sizes are within the range of lots sizes proposed for the preliminary plat, if lot sizes were shown on the preliminary plat.

1. Any alteration or modification of a short subdivision or subdivision plat shall be undertaken pursuant to all applicable development standards including regulations established in Chapter 58.17 RCW by a Type II or Type III process, respectively. If approved, the subdivider shall obtain approval of a final plat application as required by this chapter.

2. Dedicated easements – (Alternative Process). To extinguish or alter a dedicated easement, an alternative process to the above may be used if such process was established on the recorded plat or other document creating the dedicated easement as authorized under RCW 64.04.175. (Ord. M-3701 § 12, 05/02/2005; Ord. M-3643, 01/26/2004)

20.320.090 Remedies and Penalties.

1. Rescinding of sale and recovery of costs. Any purchaser or transferee of property divided in violation of this chapter may rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fee occasioned thereby, or otherwise recover any damage resulting thereby from the person or agent who illegally subdivided or short subdivided the land.

a. Whenever any parcel of land is divided into two or more divisions, lots, tracts or parcels of land, and any person, firm or corporation or any agent of any of them sells or transfers any such division, lot, tract or parcel without either having a final plat or short plat filed and recorded as required in this chapter, the city attorney shall commence an action to restrain and enjoin further divisions or sales, or transfers, and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.

b. In the enforcement of this chapter, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to, the approval of the superior court of Clark County. The violation of such assurance shall constitute prima facie proof of violation of this title.

3. Penalty for violation. No land comprising any part of a proposed subdivision or short subdivision to be established henceforth in the city shall be sold or leased until such subdivision or short subdivision has been approved as provided by this chapter, and a plat or short plat, as appropriate, has been filed and recorded. In addition, any person, being the owner or agent of the owner of such land, or who acts in any capacity in effectuating a sale or lease, who sells or leases any division, lot, tract or portion thereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not to exceed $1,000. Each sale or lease shall constitute a separate and distinct offense for each separate land division, lot, tract or portion of said land. (Ord. M-3643, 01/26/2004)

20.330.010 Purpose.

The purpose of the binding site plan process is to provide an alternative to the standard subdivision process for specific types of development. The binding site plan shall only be applied for the purpose of dividing land for:

A. Sale or for lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);

B. A division for the purpose of lease as provided in applicable RCW sections when no other structure other than manufactured homes or travel trailers are permitted to be placed upon the land; provided, that the land use is in accordance with the requirements of this title; and

C. Condominiums as provided in applicable RCW sections consistent with RCW 58.17.040(7). (Ord. M-4438 § 4(H), 2023; Ord. M-3643, 2004)

20.330.020 Approval Process.

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A. Approval process. An application for a binding site plan review shall be processed by means of a Type II procedure pursuant to Section 20.210.050 using approval criteria in Section (B) below.

B. Conditions of approval. Planning Official shall have the authority to review and approve, deny or approve with conditions a proposed binding site plans for the purposes of land division as described in Section 20.330.010 VMC. To approve a binding site plan application, the Planning Official must determine that the binding site plan is in accordance with the following:

1. Applicable requirements of this title;

2. Technical standards contained in Section 20.320.070; and

3. Required mitigation measures imposed as a part of the SEPA review process. (Ord. M-3840 § 16, 08/06/2007; Ord. M-3643, 01/26/2004)

20.330.030 Application Submission Requirements.

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A. Submission requirements – New developments. Whenever an applicant desires to create legal lots by means of a binding site plan pursuant to this chapter in conjunction with a new development, the applicant shall be subject to the site plan review procedures of Chapter 20.270 VMC. In such event and in addition to all of the submission requirements for site plan review, the applicant shall clearly indicate on all of the plans required for site plan review the proposed lots to be created and how their size, dimensions and other features comply with the requirements of this title.

B. Submission requirements – Existing developments. In cases where an applicant desires to create legal lots by means of a binding site plan pursuant to this chapter in conjunction with an existing development or when no development is proposed, the applicant shall provide the following information in the application:

1. The binding site plan name, which must be other than the name of an existing subdivision, short subdivision or binding site plan addition or plat;

2. Name, mailing address, and telephone number of the owner and/or developer;

3. Name, mailing address, telephone number, and signature of person preparing the application;

4. Date;

5. Location, including ¼ of ¼ section, section, township, range and, as applicable, donation land claim and/or subdivision;

6. Number of acres;

7. Comprehensive Plan and zoning designations;

8. Existing and proposed land uses;

9. Number and size of all lots;

10. Names of all utility purveyors;

11. Signatures of all property owners; and

12. Fee as governed by Chapter 20.180 VMC.

C. Preliminary plat information. The applicant shall provide the following information:

1. Existing conditions plan. The following information shall be provided on one or more to-scale drawings:

a. A vicinity map showing streets and access points, pedestrian and bicycle pathways, transit stops and utility locations within a given radius of the site;

b. The site size, dimensions and orientation relative north;

c. The location, name and dimensions of public and private streets adjoining the site;

d. The location of existing structures and other improvements on the site, including structures, driveways, parking, loading, pedestrian and bicycle paths, passive or active recreational facilities or open space and utilities;

e. Elevation of the site at two-foot contour intervals for grades zero to 10 percent and at five-foot contour intervals for grades more than 10 percent;

f. The approximate location of significant natural conditions as available from the city’s and/or county’s GIS system such as:

i. The 100-year flood plain;

ii. The location of drainage patterns and drainage courses;

iii. Unstable ground (lands subject to slumping, slides or movement);

iv. High seasonal water table or impermeable soils;

v. Areas having severe soil erosion potential;

vi. Areas having severe weak foundation soils;

vii. Significant wildlife habitat or vegetation;

viii. Slopes in excess of 15 percent;

ix. Significant historic, cultural or archaeological resources, rock outcroppings;

x. Location, dimensions, and purpose of existing easements.

2. Preliminary Binding Site Plan. The proposed preliminary binding site plan shall include the following information presented on one or more drawings:

a. The proposed site and its dimensions and area.

b. Proposed lots, tracts and easements including dimensions and total acreage.

c. Abutting properties or, if abutting properties extend more than 100 feet from the site, the portion of abutting properties within about 100 feet of the site, and the approximate location of structures and uses on abutting property or portion of the abutting property.

d. The location and dimensions of development if proposed, including the following:

i. Streets and other rights-of-way and public or private access easements on and adjoining the site;

ii. All parking and circulation areas;

iii. Loading and service areas;

iv. Active or passive recreational or open space features;

v. All utilities;

vi. Existing structures to be retained on the site and their distance from property lines;

vii. Proposed structures on the site, including signs, fences, etc., and their distance from property lines if known at time of land division; and

viii. The location and type of proposed outdoor lighting and existing lighting to be retained if known at time of land division;

ix. Location, dimensions, and purpose of existing easements.

3. Narrative. A preliminary plat application shall include the following:

a. A comprehensive narrative addressing how the development complies with the technical standards in VMC 20.320.070; other applicable standards of this Title 20 and the applicable plan policies of the Comprehensive Plan outlined by staff as being applicable to the proposed development;

b. Description of the uses proposed for the site;

c. Phasing plan, if applicable;

d. Construction schedule;

e. Any variances requested pursuant to the regulations in Chapter 20.270 VMC;

f. Existing covenants or restrictions and easements, if applicable; and

g. History of any previous subdivisions and short subdivisions of the property.

4. Supplementary information. The following supplemental information shall also be submitted unless otherwise indicated in parenthesis:

a. Environmental checklist that complies with Chapter 20.790 VMC, SEPA Regulations, if applicable;

b. Geotechnical/soils survey, if applicable;

c. Tree plan that complies with the requirements of Chapter 20.770 VMC, Tree, Vegetation, and Soil Conservation, if applicable;

d. Preliminary stormwater and erosion control plans as governed by Chapter 14.25 VMC, Stormwater Control, and Chapter 14.24 VMC, Erosion Control, if applicable;

e. Landscape plan, if known at the time of land division, that complies with the requirements of Chapter 20.925 VMC, Landscaping. If applicable, the landscape plan shall be drawn at the same scale as the existing conditions plan, or a larger scale if necessary. Where proposed development affects only a portion of a site, the landscape plan need show only the areas where existing soil contours and vegetation will be disturbed by the construction or use, or other areas where landscaping is required. Note: many aspects of this plan, including street trees, may already be incorporated into the Tree Plan;

f. Archaeological Pre-Determination Report, if applicable, that complies with the requirements of Chapter 20.710 VMC, Archaeological Resource Protection (two copies);

g. Clark County Public Health Development Review Evaluation Form;

h. Certified mailing list. Current Clark County assessor map(s) showing the property(ies) within a 500-foot radius of the site, per the requirements in Chapter 20.210 VMC, Decision Making Procedures, and one set of stamped and addressed envelopes and one set of mailing labels with the names and addresses of owners of all properties within a 500-foot radius certified as accurate and complete by the Clark County assessor or a title company. For non-owner-occupied properties, provide one set of stamped and addressed envelopes and one set of mailing labels addressed to “occupant” as can be determined from available County assessor records. (Ord. M-4496 § 3(E), 2025; Ord. M-4438 § 4(H), 2023; Ord. M-4289 § 4, 2019; Ord. M-3840 § 17, 2007; Ord. M-3643, 2004)

20.330.040 Certification of Site Plan Compliance.

A. Certification process. Prior to recording any binding site plan approved under the provisions of Section 20.330.030 VMC shall be certified to comply with the requirements of this chapter by the Planning Official. Certification shall consist of the signature of the Planning Official and recording with the Clark County auditor’s office with a record of survey. The survey document shall include all required notes pertaining to development of the properties and a statement legally binding all current and future owners to comply with the conditions of approval. These may be provided as separate documents.

B. Revocation of certification. Certification may not be revoked unless the Planning Official finds that the plan, use or development project would violate the requirements of Vancouver Municipal Code or the Revised Code of Washington.

C. Criteria for creation of lots, parcels or tracts. Lots, parcels or tracts created through the binding site plan process shall be considered legal lots of record. The number of lots, tracts, parcels, sites or divisions shall not exceed the maximum number allowed by this title.

D. Legally responsible party. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. (Ord. M-3643, 01/26/2004)

20.330.050 Vacation or Alteration of Approved Binding Site Plan.

A. Alteration or vacation. A binding site plan may be altered or vacated if requested, in writing, by all owners of the properties directly affected. An application shall be submitted on a form prescribed by the Planning Official. In the instance of a revision the applicant shall submit all of the materials required for preliminary binding site plan review. In the instance of a vacation the burden of proof for justifying the vacation of the binding site plan shall be on the applicant. The applicant must prove that no property, either within the boundaries of the property to which the binding site plan is applied or adjacent property, will be adversely impacted; the vacation will not have an adverse impact on the provision of utilities in the area; no open spaces or recreational facilities will be adversely affected by the vacation.

B. Procedure for alteration or vacation. The decision on an alteration or vacation of a binding site plan shall be required to go through the same procedures as an original application, including notification and preparation of staff reports. The appeal procedures for binding site plan approval shall also be applicable to a requested alteration or vacation. (Ord. M-3643, 01/26/2004)