Loading...
Ordinance 1751ORDINANCE NO. 1751 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 1703 OF SAID CITY, AND CHAPTER 12.10 OF THE EDMONDS CITY CODE ENTITLED SUBDIVISION CODE TO INCORPORATE CERTAIN CHANGES INTO SAID CODE RELATING TO THE MANNER, METHOD AND PROCEDURE FOR DIVISION OF LAND INTO LOTS, TRACTS AND PARCELS WITHIN THE CITY LIMITS OF SAID CITY, PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 459. WHEREAS, pursuant to public hearing and notice thereof, and pursuant to the recommendations of the Planning Commission of the City of Edmonds, Washington, to adopt amendments to the Subdivision Code of said City, and WHEREAS, the City Council having determined that the recom- mended amendments to the Subdivision Code would be the most advan- tageous for the development and appropriate use of property within said City, pursuant to Planning Commission Resolution No. 459, and further would be in the best interest of the health, safety, morals and general welfare of the public, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 12.10.030 (2) (b), (c) and (d) of the Edmonds City Code is hereby amended to read as follows: "12.10.030 (2) (b) Divisions of land into lots or tracts, each of which is one -one hundred twenty-eighth of a section of land or larger, or five (5) acres or larger if the land is not capable of description as a fraction of a section of land. (c) Divisions made by testamentary provisions or the laws of descent. Provided, however, divisions of land occurring under this subsection must still comply with all applicable requirements of this chapter prior to the issuance of any building permit or other action which in effect constitutes a sub- division or short subdivision of the land affected. (d) A division for purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land provided there is compliance with Chapter 12.13 of the Edmonds City Code. Section 2. Section 12.10.050 (1) (c) of the Edmonds City Code is hereby amended to read as follows: "12.10.050 (1) (c) Assure that appropriate provisions are made for, but not limited to, the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and all other relevant facts, including but not limited to consider- ation of the physical characteristics of the proposed site." Section 3. Section 12.10.050 (2) (b) (1) (c) and (d) of the Edmonds City Code is hereby amended to read as follows: "12.10.050 (2) (b) (1) (c) Underground utilities shall be provided as required by Chapter 6.30 of the Edmonds City Code. (Underground Electrical and Communication Facilities)." (d) Monuments shall be placed at all street intersections, boundary angle points, points of curbs in streets, and at such intermediate points as required by the City Engineer. Monuments shall be of a type specified by the City Engineer and set as specified by the City Engineer. All lot and block corners shall be set with an iron pipe or pin at least eighteen inches in length. Section 4. Section 12.10.050 (2) (b) (2) of the Edmonds City Code is hereby amended to read as follows: "12.10.050 (2) (b) (2) The subdivider shall make available, for public acquisition, such lands in the area to be subdivided as are designated by official planning for parks, playgrounds, and public buildings." Section 5. Section 12.10.050 (2) (c) (1) (d) of the Edmonds City Code is hereby amended to read as follows: "12.10.050 (2) (c) (1) (d) No plat shall be approved which is situated in a flood control zone as provided in RCW Chapter 86.16, without approval of the Department of Ecology, State of Washington." Section 6. Section 12.10.080 (1) of the Edmonds City Code is hereby amended to read as follows: "12.10.080 (1) Notice of Hearing - Upon receipt of an application for preliminary approval of a plat for a subdivision, the City Planner shall set a date for a public hearing by the Planning Commission. Notice of the public hearing shall include the date, time and -2- place of the public hearing and the legal description of the property together with either a vicinity sketch or a worded location description calculated to advise the general public of the location of the subject property and shall be given in the following manner." Section 7. Section 12.10.110 of the Edmonds City Code is hereby amended to read as follows: "12.10.110 NOTIFICATION OF PRELIMINARY APPROVAL OR DISAPPROVAL - The City Council shall either approve, disapprove or return the proposed subdivision to the applicant for modification or correction within a period of ninety (90) days from the date of the filing of the application with the City Planner, unless the applicant consents to an extension of such time. If an environmental impact statement is required, the ninety day period shall not include the time spent preparing and circulating the said statement." Section 8. Section 12.10.120 (2) (3) and (4) of the Edmonds City Code are hereby amended to read as follows: "12.10.120 (2) Design and Certification of Improvements - If the City Engineer and/or the City Planner determine that it is necessary, they may require the subdivider to provide that improvements such as streets, sewers and water systems be designed and certified by or under the supervision of a civil engineer licensed by the State of Washington. (3) Financial Guarantee and Time Limit - Improvements shall be installed before the proposed plat receives final approval unless the subdivider shall financially guarantee installation of the same within one year by posting an adequate bond or other suitable security in the amount equivalent to the estimated construction cost of the public improvements plus 10%. If the subdivider does not meet this requirement, preliminary approval of the subdivision shall be deemed expired. (4) Acceptance and Guarantee - The public improvements shall not be finally accepted by the City Engineer for the City of Edmonds until the City has been furnished a bond in the amount of 15% of the cost of said improvements to guarantee against defects of workmanship and materials for a period of two (2) years from the date of such final acceptance. Section 9. Section 12.10.130 (3)(c) of the Edmonds City Code is hereby amended to read as follows: "12.10.130 (3) (c) Permanent control monuments shall be established at each and every controlling corner -3- on the boundaries of the parcel of land being sub- divided and such other points as the City Engineer shall determine are necessary." Section 10. Section 12.10.130 (8) of the Edmonds City Code is hereby amended to read as follows: "12.10.130 (8) Filing Statement - The final plat shall be acknowledged by the person filing the plat before the Snohomish County Auditor, or a notary public, and a certificate of the acknowledgment shall be enclosed or annexed to the plat and recorded therewith." Section 11. Section 12.10.140 of the Edmonds City Code is hereby amended to read as follows: "12.10.140 EFFECT OF REZONES. Any lots in a final plat filed for record shall be a valid land use notwithstand- ing any change in zoning laws for a period of five years from the date of filing." Section 12. Section 12.10.150 (2) (b) of the Edmonds City Code is hereby amended to read as follows: "12.10.150 (2) (b) Hearing Procedure - Within fifteen (15) working days after the completion of the staff review, the City Planner shall hold a review hearing and approve or disapprove the application. Prior to said hearing, notice shall be sent to the applicant and to the adjacent property owners as defined in Section 12.10.040 (1) whose names and addresses shall be provided by the applicant and such notice shall be mailed and posted as provided in Section 12.10.080 (1) (b) and (c). The notice shall contain a statement of the nature of the application and the date, time and place of said hearing and invite all interested persons to submit their comments concerning said applica- tion to the City Planner, either prior to or at the hearing. After reviewing the file and following the hearing, the City Planner shall within three (3) working days of the completion of said hearing, prepare a written report of his decision, which written report shall include a statement of reasons for his decision. A copy of the final decision shall be mailed to the applicant and all other persons who have made written request for a copy of the same. Short plats shall be returned to the applicant within thirty days from the filing of the short plat unless the applicant consents to an extension of such time period." Section 13. Section 12.10.150 (3) (a) of the Edmonds City Code is hereby amended to read as follows: -A- "12.10.150 (3) (a) Recording Requirement - Short subdivisions shall be recorded as a short plat with the Snohomish County Auditor, shall not be deemed approved until so filed and shall contain a certifi- cation setting forth the following: (1) A full and correct description of the lands divided as they appear on the short plat; (2) A statement that the short sub- division has been made with the free consent and in accordance with the desires of the owner or owners; (3) The dedication of all streets and other areas to the public, and others as shown on the short plat; (4) A waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by any established construction, drainage or maintenance; (5) Shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; (6) Shall be accompanied by a title report confirming that the title of the lands as described and shown on said short plat is in the name of the owners signing the certificate; (7) A waiver of right of direct access to any street from any property, if required. (8) All dedications, including access roads, utilities or other easements, shall be shown on the face of said short plat, which shall thereupon be considered as a quit claim deed to the donee or donees, grantee or grantees for his, her or their use for the purposes intended; and (9) As a condition for approval, said short plats requiring a dedication shall be required to be surveyed by a licensed professional land surveyor and monuments placed on the site. As a further condition of approval the City may require a survey and/or monumentation of the lots created by the short subdivision if deemed necessary by the City Planner and/or City Engineer." Section 14. Section 12.10.160 (3) of the Edmonds City Code is hereby amended to read as follows: 12.10.160 (3) Recording Requirement - A plat accurately depicting the approved lot line adjustment shall be recorded with the Snohomish County Auditor in accordance with 12.10.150 (3) (a) of this ordinance." -5- Section 15. Section 12.10.180 of the Edmonds City Code is hereby amended to read as follows: "12.10.180 PERMITS. No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chapter unless the applicant for such a permit has applied to the Board of Adjustment and obtained a ruling from said Board that the public interest will not be adversely affected thereby. Provided, however, the prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice." Section 16. Section 12.10.200 of the Edmonds City Code is hereby amended to read as follows: "12.10.200 PENALTIES. Any person, firm, corporation, or association who violates any provision of this chapter relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter shall be deemed a separate and distinct offense, upon the conviction of which shall subject the violator to the penalties set forth in Section 5.12.170 of the Edmonds City Code; Provided, however., that in addition to the criminal sanctions provided herein for the violations of this chapter the City shall have the right to commence an action to restrain and enjoin any subdivision, sale or transfer or offers of sale or transfer, compel compliance with the provisions of this chapter, and such other injunctive relief as may be granted by a court sitting in equity jurisdiction that the costs of such action shall be taxed against the violator and shall include a reasonable sum as and for attorneys' fees." APPROVED: MAYOR ATTEST: CITY CLERK Filed with the City Clerk: December 31, 1974 Passed by the City Council: January 7, 1975 Published: January 15, 1975 IT:fl