Resolution 459PLANNING COMMISSION
RESOLUTION NO. 459
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING
ADOPTION OF AMENDMENT TO OFFICIAL ZONING ORDINANCE OF SAID CITY,
CHAPTER 12.10 ENTITLED SUBDIVISION CODE, AS SET FORTH IN PLANNING
COMMISSION FILE NO. ZO-18-74
WHEREAS, the Planning Commission of the City of
Edmonds, pursuant to proper notice and publication, held a public
hearing on the proposed amendments to the Official Zoning Ordinance
Chapter 12.10 entitled Subdivision Code, relating to platting and
subdivision of land within said City, and
WHEREAS, the Planning Commission determined that
proposed amendments set forth in "Exhibit A" attached, should be
adopted to conform to amended and revised State statutes and is
needed to accommodate the subdivision of land more effectively,
now, therefore,
BE IT RESOLVED, that the Planning Commission
recommends and forwards to the City Council of the City of Edmonds,
that amendments to Chapter 12.10 of Subdivision Code, as set forth
in Exhibit A, attached, be adopted and become part of the Official
Zoning Ordinance.
DATED as of the 20th day of November, 1974.
Chair Edmonds Planning Commission
File No. ZO-18-74
Initiated by: City Planner
Hearing Date: 11-20-74
P.C. P.es . #459
"EXHIBIT A"
PLEASE NOTE: Underlined wording indicates addition to original ordinance.
------Dashes through wording indicates portions to be deleted.
Changes appear on the following pages and sections:
Page 1
12.10.030
(2) (b,c,d)
3
12.10.050
(1) (c)
4
12.10.050
(2) (b) (1) (c) (d)
12.10.050
(2) (b) (2)
12.10.050
(2) (c) (1) (d)
7
12.10.080
f-1)
8
12.10.110
9
12.10.120
(2,3, & 4)
12.10.130
(3) (c)
10
12.10.130
(8)
12.10.140
12
12.10.150
(2) (b)
12.10.150
(3) (a)
12.10.150
(3)(a)(7)(8) & (9)
13
12.10.160
(3)
14
12.10.180
12.10.200
ORDINANCE NO.
L
AN ORDINANCE OF THE CITY OF Ero-I%MS, WASHINGTON,
ADOPTING REGULATIONS RELATING TO PLATTING AND
SUBDIVISI0N OF LAND WITHIN SAID CITY, AND PROVID-
ING PENALTIES FOR VIOLATIONS THEREOF; CREATING A
NEW CHAPTER, CHAPTER 12.10 IN THE EDMO NDS CITY
CODE ENTITLED SUBDIVISION CODE AND REPEALING
CHAPTER 12.08 OF THE EDMONDS CITY CODE IN ?1ODIFI-
CATION OF PLANNING COMMISSION RESOLUTION NO. 431.
WHEREAS, pursuant to public hearing and notice thereof and
pursuant to the recommendations of the Plannin4 Commission of the City
of Edmonds, Washington to adopt a certain Subdivision Cude for the City
of Edmonds, Washington, and
WHEREAS, said City Council having determined that the
recommended Subdivision Code would be the most advantageous for the
development and appropriate use of property within said City as modified
and 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 E MONDS, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 12.10.010 - TITLE. CREATION OF CHAPTER -
TITLE. There is hereby created a new Chapter in the Edmonds City code;
CF—apter 12.10 entitled "Subdivision Code."
Section 2. Section 12.10.020 PURPOSE. The purpose of this chap-
ter is to regulate the subdivision of land and to Dromote the public health,
safety, and general welfare; to prevent the overcrowding of land; to pro-
vide for orderly development of land; to lessen congestion in the streets
and highways; to provide adequate light and air; and to facilitate adequate
provisions for water, utilities, sewerage, parks and recreational areas,
storm drainage, sites for schools, and other public requirements; to provide
for ingress and egress; and to require uniform monumenting of land subdivisions
and conveyancing by accurate legal descriptions.
Section 3. Section 12.10.030 SCOPE.
(1) Applicability_ - This ordinance shall regulate all divi-
sions of land for any purpose except as provided in subparagraph 2 herein
below.
(2) Excentions - The provisions of this ordinance shall not
apply to:
(a) Cemeteries and other burial plots while used for
that purpose.
(b) Divisions of land into lots or tracts,-where-the-smallest-
let-ls-€wenty-E29}-aewes-ew-a+ewe;-awd-pet-eentain*Rg-a-dedleat len-a€-pub Iie-rioht-e€--
way:- each of which is one -one hundred twenty-eight of a section of land or larger,
or five 5 acres or lar er if the land is not capable of description as a fraction
(c) Divisions made by testamentary provisions or the laws of
descent.-er-upen-Geurt-erder. Provided however, divisions of land occurring under this
subsection must still com l with all applicable requirements of this chapter prior
to the issuanre of anv bui1 ino permit or other action which in effect constitutes a
r snort suDGIvision
(d) A division for purpose of lease when no residential s
Sl' io1,. 4 Seci � ��. 10 .'.0`rR y,^i r�.r T-Q 1 �!nen? P w
_= _ _ ,.._ _ ts5. r..,_,,..v..r the following
wor;is and
chr�_,_s appear i .nis chapter, _ SE1d1 be Ov_n the meaning de-
fined below. t,'here not inconsistent with h Vccntext, tte r:ords used in the
present LCanse shall include the future; the singular shall include the plural,
and the pl-,ral the singular; the masculine shall include the feminine; the
word "shall" is always mandatory, and the ward "may" indicates a use of dis-
cretion in making a decision.
(1) Adjacent Proyerty !?, ners - Any property owner of record,
according to the records of the County .ssr:ssor, ;,those property adjoins or
abutts property proposed for division, or any portion thiereof, or whose pro -
perry is w" thin 30 feet of the property proposed for division, or anyportion
is directly across a street or public right-of-way which is contiguous to
both properties.
(2) 8uildind Envelope - The three dirwnsiona.l allowable
building space defined by Oe yard setbacks and height restrictions.
(3) Citv P;aTner - The City Planner is charged with the re-
sponsibility of adminisi� ring tFis chapter. he shall exercise the administra-
tive powers, functions and duties necessary to carry out the purpose of this
ordinance and recommend approval or disapproval of proposed subdivisions and
short subdivisions. The City Planner as used 'herein shall mean the head of
the City Planning Department or such assistant as he shall designate.
(4) Dedication - The deliberate appropriation of land by an
owner for any genera and :=uolic uses, reserving to hinmpl f no other rights
than such as are compatible with the full exercise and enjoyment of the pub-
lic uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a final plat
or short plat showing the dedication thereun, and, the acceptance by the pub-
lic shall be evidenced by approval of such plat for filing by the city.
(5) Final Plat - A final, precise drawing of the proposed sub-
division or short su division with dedication which contains all requirements
of this chapter and has been approved by the City Council. The format of the
drawing shall meet standards defined by the City Engineer.
(6) Lot - A fractional part of subdivided land having fixed
boundaries being of sufficient area and dimension to meet minimum zoning re-
quirements for width and area. The term shall include tracts or parcels and
any other requirements defined by this ordinance.
(7) Plat - Is a map or representation of a subdivision show-
ing thereon the division of a tract or parcel of land into lots, blocks,
streets and alleys or other subdivision requirements, conditions or dedica-
tions.
(8) Preliminary Plat - The neat and approximate drawing of
a proposed subdivision or s,o—rt suodivisidn, showing the general layout of
streets, and alleys, lots, blocks, and restrictive covenants, to be appli-
cable 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. The plat will be so designated until inprovements shown
on the approved drawings are installed or a sufficient bond or other suit-
able security is posted to ensure and assure installation.
(9) Records-d Plat - A final, approved drawing of proposed
subdivision, or short subdivision with dedication, that has been filed for
record with the County Auditor.
division.
(10) Short Plat - Is a map or representation of a short sub-
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(11) Sho-_-_S!indi 0 S—;,oh_ - 'he di'I-:s!o,� of ' ind into four or
less lots, tracts, parceis, or sl tas for any p:r:l l ;' oLn.er ha!1 as excepted
in 12.10.030 (2).
(12) Subdivider - Any person, firm, or other
entity undertaking, or having an interest in tit"- `;o the land 5eing divided
into lots, tracts, or parcels.
(13) Subdivision - A division of land i:,:o ;'ve or ire lots
tracts, parcels, sites, or divisions for the purp;Js? C,;7 sale, ;ease, gift,
or development, or other purpose other than as exce?-ed in i?.10.030 42)
and shall include all resubdivisions of land.
Section 5. Section 12.10.050 DESIGN A.lD C4I--R;IA. When-
ever in this chapter a review is made by any agen r., o; t,,r r;it_ (including
the City Planner, City Engineer, or other city depart,:_nts or ,'ersonnel, the
Planning Commission and/or the City Council) of an s biiv;son, short sub-
division, lot line adjustment or dedication, said agency shall 'squire into
the following matters:
(1) General Criteria
(a) The purposes set forth in Section 12.10,020 are
satisfied.
(b) Assure there is conformance to the general pruposes
of the comprehensive plan and planning standards and specifications set forth
in Title 12 of the Edmonds City Code, and all other applicable building, im-
provement and planning codes and resolutions adopted by the City of Edmonds
and its various boards and commissions.
(0 Assure that appropriate provisions are made for, but not
limited to, the. blic health, safety and feral wel#are, and fcr roen spaces,
drainage ways, streets, alleys, public ways, water supplies l;.in:tart' wastes,
parks, playgrounds, sites for schools and school grounds, and all other relevant
facts, including but not limited to consideration of the physical characertistics
of the proposed site.
(d) The procedure for subdividing tidelands and shore-
lines shall be the same as governed by this chapter and any additional re-
quirements im osed by the Shorelines Management Act (Chapter 265, Laws of 1971,
1st Ex. Sess.) Laws of the State of Washington and as it shall be amended from
time to time.
The reviewing agency shall recommend approval, or shall approve, any applica-
tion governed by this Chapter only after determining and finding that the pub-
lic use, interest, health, safety and general welfare are satisfied and pro-
vided for as set forth herein and any approval or recommended approval shall
be deemed to include such finding and determination without the necessity of
so stating on each occasion.
(2) Design Criteria
(a) Environmental_ Impact - The City Planner may require
additional information from the applicant to determine whether the project.
must be reviewed under the provisions of the State of Washington Environmental
Protection Act of 1971 (RCW 43.21C) and as the same may be amended and supple-
mented from time to time. Preliminary approval of the subdivision shall not
be given until all requrements of the Act are fulfilled. If a stream or
natural drainage way exists in the proposed subdivision, it shall not be
altered until an assessment is made of potential environmental effects.
(b) Improvements and Dedications
(1) The City Planner and/or the City Engineer shall
define and specify the improvements necessary to meet the require:;ients of this
section. Required improvements may include, but are not limited to, streets,
curbs, sidewalks, water connections, sewers or other approved sanitary faci-
-3-
lities, drainage systems, and undergrou,iding of utilities. The subdivision
shall also meet the following ccnditions:
(a) in order to provide the most advantageous
development of the proposed subdivision and adjacent areas, the subdivision
shall provide for the continuity of streets and utilities and shall conform to
the Standard Drawings and Specifications for Streets and Utilities Construc-
tion, Section 7.01 of the Edmonds City Code.
(b) If a public sewer main is not located with-
in eight hundred feet of the proposed subdivision, the following shall be con-
sidered reasonable in lieu of a distrib::tio'ns system: Where the zoned lot size
is 20,000 square feet or more and where the soil conditions have been found
satisfactory by the City Engineer and Health Officer, septic tanks, or other
methods of handling wastes shall be installed in accordance with the standards
and under the supervision of the City Engineer. Where septic tanks are pro-
vided on lots facing or abutting a body of water, the developer, in addition
to the provisions herein contained, shall install the septic tank in the upland
one hundred feet from the mean high?r high water line. Where septic tanks are
provided, the minimum lot area for each septic tank system shall be specified
in the deed of each lot, and said died provisions shall be acceptable to and
approved by the City Engineer.
(c) Underground utilities shall be provided as
required by See. 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 eight-
een inches in length.--(Oa-d�-�94-Gr-as-aaegde�-blr-9�.-Fi7; �iay-Zr-1g63�}_
(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.-(o-4,49041i
October-29;-19.39-+
(c) Protection of Physical Characteristics of the Site.
(1) floodina and Other Hazardous Conditions- Where
the Planning Commission has determined that the land is unsuitable cr inappro-
priate for subdivision due to flooding, inundation, swamp conditions, steep
slopes, rock formations, hazardous soil conditions or other features likely to
be harmful to the safety, welfare and general health of the future residents or
adjoining residents, the land shall not be subdivided until the following con-
ditions are satisfied:
(a) Provision is made for construction of
protective improvements by the developer and the improvements are approved
by the City Engineer.
(b) Where topographical slopes are 15% or
more the Planning Commission may impose additional requirements which will
afford protection to future and adjoining residents.
(c) The effect of alteration of the site has
been assessed under the provisions of Sec. 12.10.050 (2) (a). (Environmental
Impact).
(d) No plat shall be approved which is sit-
uated in a flood control zone as provided in RCW Chapter 86.16, without
approval of the Department Ecology, State of Washington.
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(2) Tree D;ti? - if ;. rvatien of t e;istina
trees would enhance the appearance of Gee subdivision, or reduce erosion and
other negative environmental effects, 1-he City Planner may impose tree-cut`ing
restrictions on trees eight (8) inches in diameter or larger. Such restric-
tions shall remain in effect on each lot in the subdivision until the build-
ing permit is issued for construction.
(3) To oaraoh - Placement of streets and lots in
relation to topography shall be considered in order to minimize filling,
grading or other alterations of existing conditions.
(4) Notation of Special Restrictions - Any special
restrictions, conditions or improvements required for approval of the subdivi-
sion shall be noted on.the final plat.
(d) Subdivision Desicm - The configuration of streets
and lots shall be designed in a way which will best serve the public health,
safety and welfare. Consideration shall be given, but not limited to the
following:
(1) Lot Dimensions - The lot shall be designed to
the dimensions prescribed by a Ed._o_nds oning Ordinance, Chapter 12.13,
for the zone in which the property is situated.
(a) In the event of any lot being situated in
-more than one zone, the dimensions prescribed for the most restrictive zone
shall apply to that lot.
(b) Where residential subdivisions are per-
mitted in non-residential zones, the lots shall meet the requirements of the
RS-6 zone as defined in Section 12.13.050.
(c) Lot dimension ratio: The ratio of the
lesser dimension divided by the greater dimension shall not be less than A.
The dimensions shall be measured as defined by lot depth and width in Sec.
12.12.130 of the Zoning Ordinance.
(d) Corner Lots: The building envelope area
shall not be less than 35% of the lot area specified in the zoning ordinance.
(2) Lot Frontage - Lots shall not front on highways,
arterials, collector streets, railways, developed businesses or industrial
areas.
(3) Protection of Natural Features and Environmental
Amenities - Lots shall be designed in a manner that will preserve desira le
natural features and protect views, open spaces and other environmental amen-
ities.
(4) Walks or pedestrian ways shall be required
when the Planning Commission determines they are necessary to provide acc-
ess to schools, parks and playgrounds, public facilities, water bodies or
tidelands.
(5) Computation of minimum lot areas or dimensions
shall not include any area used as access to any lot regardless of whether
the rights of access are by easement or fee ownership. This exclusion shall
include but not be limited to access easements and/or access panhandles.
Section 6. Section 12.10.060 APPLICATION AND FEES.
(1) Appli� cation
(a) An application form to be supplied by the City
Planning Department shall be completed and submitted to the City Planner.
The application shall be accompanied by five (5) prints of the preliminary
plat. _
-5-
(b) The Subdivider shall provide a list of names, add-
resses and zip codes of all adjacent property owners, as defined in Sec.
12.10.040 (1), or their representatives.
(c) Upon receipt of the application, proposed plat,
and fee, the City Planner shall assign a file number and record the filing
date.
(2) Fees - Applications shall be accompanied by the appropri-
ate fee as follows:
(a) Preliminary Subdivision Fee 5 or more lots)_ -
A service and administrative fee of Five Dollars 5.00per lot, or one -
twentieth (1/20) of one cent ($.01) per square foot of lot area included in
the proposed subdivision, whichever is greater, provided, however that the
minimum fee for such application shall be Fifty Dollars ($50.00).
(b) Preliminary Short Subdivision Fee (4 lots or less)
A service and administrative fee of Ten Dollars (.$10.00) per lot shall be
made for each lot included in the short subdivision.
(c) Lot Line Adjustments Fee - A service and adminis-
trative fee of $10.00 shall accompany the application.
(d) Public Improvement Inspection Fee - An inspection
fee in the amount of 2.211. of the estimated construction cost for the public
improvements shall be provided subsequent to the approval of the development
and engineering plans by the Engineering Department.
(e) Final Plat and Plat Checking Fee - The City Engineer
shall have a field and office check made of the plat before final approval is
granted. The amount of the plat checking fee shall be $5.00 per lot, or one -
twentieth of one cent ($.01) per square foot of lot area included in the sub-
division, whichever amount is greater. The minimum fee for subdivision is
$50.00, and includes one plat check. If the plat is rechecked the applicant
shall pay for each additional plat check.
Section 7. Section 12.10.070 REQUIREMENTS FOR PRELIMINARY PLATS
The City Planner and the City Engineer may require any information on the pre-
liminary plat which is necessary to determine if the proposed subdivision
makes appropriate provision for the public health, safety and welfare. Plats
of subdivisions must be prepared by a Licensed Professional Land Surveyor lic-
ensed in the State of Washington. The preliminary plat shall include, but
not be limited to the following information:
(1) Identification and Map
(a) The name of the preliminary plat
(b) Legal description of the preliminary plat
(c) Existing zoning classifation
(d) Name, address, telephone number and official seal
of the Licensed Professional Land Surveyor.
(e) A vicinity sketch.
(f) Date, scale and north point. The scale shall be one
of the following: 100 feet to the inch, 60, 50, 40, 30, or 20 feet to the
inch.
(g) The boundary lines of the tract to be subdivided and
acreage of the tract.
(h) Zoning boundary lines, if any.
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(i) Lot dimensions, lot area (in squiire feet) and number
of lots. Lots should be numbered consecutively from one (1) to total number
of lots.
(j) Setback lines on each lot as required by the zoning
ordinance.
(k) If there is a previous plat all existing property
lines shall be shown by dotted lines.
(1) Contour lines at five (5) foot intervals or less
if necessary.
(m) The location, width and name, where applicable, of
all streets, public ways, easements, or other rights -of -way, and water courses
within 200 feet of the proposed subdivision.
(n) All existing structures in their location.
(o) Layout and width of proposed rights -of -way or
easements within the plat.
(p) All parcels of land intended to be dedicated or
reserved for public use or reserved in the deed for common use of the owners
with the purpose clearly indicated.
(q) The approximate location of each area covered by
trees and general identification of trees within the plat.
(r) Source of water supply and name of supplier.
(s) Method of sewage disposal and name of municipal
system if sanitary sewer used.
(2) Ownership
(a) Names, addresses and telephone numbers of all per-
sons who have an interest by reason of ownership, contract of sale, earnest
money agreement, or option in the land in the proposed subdivision and any
identified land contiguous to the subdivision where such persons have an in-
terest in the format of a title report.
(b) Names of adjacent plats and the name of owners of
adjacent non -platted property.
Section 8. Section 12.10.080 PRELIMINARY HEARING
(1) Notice of Hearing - Upon receipt of an application for pre-
liminary approval of a plat of a subdivision, the City Planner shall set a date
for a public hearing by the Planning Commission. -Net4€ eatieR-of-the-date s-t#FRe
and-p}aee-ef-tbe-pdbl#e-heap#Rg-sf�a��-be-QiveR-bye Notice of the ublic hearing
shall include the date time and Place of the public hearing and e e a
descri tion of the Property to ether with eit er a vicinity sketch or a worded
location descriotion calculated to advise.the genmlrxialic ❑f the location of the
subject property and shall be given in the following manner:
(a) Publication of at least one notice not less than ten
(10) days prior to the hearing in the official newspaper of the City; and
(b) At least three (3) copies of the notice of public
hearing shall be posted in conspicuous places on or adjacent to the subject
property not less than ten (10) days prior to the hearing; and
(c) Notices shall be sent to adjacent property owners at
the addresses provided by the subdivider and shall be posted in the U.S. bails
not less than ten (10) days before the hearing.
(2) Upon the filing of a preliminary plat, the City Planner shall
also notify the following organizations or officials as to the description of
the property to be subdivided and the date, time and location of the public hear-
ing, when;
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(a) The pr"un.zed subuivis On is ad�acen`3 the Corp-
orate limits or ^e City, notice shall be given to the apprcpriate county or
adjacent City officials.
(b) The proposed subdivision contemplates the use if
another municipality's utilities, notice sf;all be given to said municipality.
(c) The proposed subdivision is adjacent to the r'cht-
of-Vay of a State Highway, notice shall be 5iven to the State Department of
Highways.
(3) Staff Review - The City Planner shall distribute copies
of the proposed subdivision to the City Engineer and other appropriate city
departments and staff..
(a) Criteria for Recc~_ndation - The City Planner's
recommendation to the Planning Co",Assior. r:f oily Coun ii for approval or
disapproval and the Planning Commmission and Cite Council's approval or disap-
proval shall be based on the criteria defined in Section 12.10.050.
(b) Completion of Staff Review - Staff review shall be
completed within ten (10) wor�ivS days of n a;e cf filing of the applica-
tion for preliminary approval. The City Pldnne r shall prepare a report tv
be foniarded to the Planning Cori -mission setting forth the findings of the
staff, together with a listing of all required improvements or dedications,
cooclusions of the staff and the staff's reconaendation of approval, disa-
pproval or referral back to the applicant for further revision. A copy of
this report shall be mailed to the applicant at the address set forth in the
application.
(4) Public Hearin cl - The Planning Commission shall hold a
public hearing to review propcsed subdivisions. The Planning Coimnission's
recommendation to the City Council of approval or disapproval of the subdivi-
sion at the preliminary hearing shall be advisory only. The preliminary hear-
ing by the Planning Commission shall be held within thirty (30) days of the
date of the filing of the application for preliminary approval.
Section 9. Section 12.10.090 RE1.1TE1.I BY CITY COUNCIL - HEARING OF
CHANGES - i thl�in fourteen 1 + days after the preliminary Loa ri n+g by the
banning Commission, a recommendation for approval or denial shall be su5-
mitted to the City Council. upon receipt of the recommendations of the Mann-
ing Commission, the City Council shall at its next public meeting, 'set a date
for a public hearing where it may adopt or reject the recommendations. If a
decision is made to change the recommendations, the City Council shall open
the hearing to the public prior to adopting any changes and approving or dis-
approving the preliminary plat. Preliminary approval by the City Council shall
be valid for one year unless a time extension is granted by the Planning
Commission. The Planning Commission may grant one extension not to exceed a
one year period.
Section 10. Section 12.10.100 RECORD OF HEARINGS - A record of all
public hearings o Te Planning ComTrTssion an ity CoundJ shall be kept and
minutes of each such meeting in summary foam shall be deemed compliant with
this requirement.
Section 11. Section 12.10.110 NOTIFICATION OF PRELIMINARY APPROVAL
OR DISAPPROVAL - The City Council shall either approve, disapprove or return t a
propose su !vision to the applicant for modification or correction within a
period of-Sixty-496 ninet 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 nine da eriod shall not
Include the time spent nre arin and F—ircUlating the said statement.
Section 12. Section 12.10.120 INSTALLATION OF IMPROVEMENTS
(1) Written Anree,7ent - The subdivider and the City Engineer
shall agree in writing on scuedu a e for installation of required improvements
in accordance with Sections 12.10.050. The subdivider may then rnake application
for such permits from local officials as are necessary to procede with the in-
provements. -
= 8 -
2 Cesi-n and Certificat'or, 7t Ir�;r.�.e _s - If the Cite
engineer and/or 'the City ?.one:' determie that it is nec�larty, they may require
the subdivider to provide t.at improvements such as streets, sewers and wal'Cer
systems be desioned and certified by or under the supe•rv4:si3n of a-lieeHsed-
civil enginez_r licensed by the State of W"ashington.
(3) Finai;cial-GaraaLez- Guarantee and 7Ma Limit - improvements
shall be installed before the proposed plat receives final approval unless the
subdivider small financially guarantee installation of tie same within one year
by posting an adequate bond or other suitabje-security in the amount equivalent
to the estimated construction cost of the public improvements plus 10%.' If the
subdivider does not meet tr,is requirement, preliminary approval of the subdivision
shall be deemed expired.
(4) Ace-2ptarce 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`6 of the cost of said improvements
to guarantee against defects-eF- of workmanship and materials for a period of
two (2) years from the date of such final acceptance.
Section 13. Section 12.10.130 FINAL PLAT APPROVAL
(1) Tim fc- A-uroyal - The final plat shall be approved, dis-
approved or returned to the applicant within thirty (30) days from the date of
filing thereof, unless the applicant consents to an extension of such time
period.
(2) General neouirements - The final plat shall meet the re-
quirements of the preliminary plat and shall incorporate any modifications re-
quired as a condition of approval of the preliminary plat. The final plat shall
be submitted with required fees.
(3) Survey and Monuments
(a) The final plat shall be accompanied by a complete sur-
vey of the section or sections- in which the plat or reolat is relocated, 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 des-
criptions of the same and the actual traverse showing error of closure and
method of balancing. A sketch showing all distances, angles and calculations
required to determine corners and distances of the plat shall accompany this
data. The allowable error of closure shall not exceed one foot in five thousand
feet.
(b) In addition, the survey of the proposed subdivision and
preparation of the plat shall be made by or under the supervision of a licensed
professional land surveyor who shall certify on the plat that it is a true and
correct representation of the lands actually surveyed.
(c) Permanent control monuments shall be established at
each and every controlling corner on the boundaries of the parcel of land being
subdivided and such other points as the City Engineer shall determine are nec-
essary.
( &tet---App'ri-eable- state- qar ,--RC;F�B: ��.-16(1-(2}-arrd-REld-58:3�:�3fl-,-1^es�ecti�eely.-}
(4) Description and Owner's Statement - The plat shall contain a
certificate giving a full and correct description of the lands divided as they
appear on the plat including a statement that the subdivision has been made with
the free consent and in accordance with the owner's desires.
(5) iledicction - The plat shall also contain a certificate of
dedication for all areas �'.�_—ed to the public for street, utility or other pur-
poses required by this chapter. Such certificate of dedication shall be pro-
perly notarized and shall be considered, to all intents and purposes, a quit-
claim deed to the City. Every plat containing a dedication must be accompanied
9
by a title report: containing t1he legal descricti ,n of the property, and con-
firming that the title of said subdivision does belc,�q to the
stated owner or owmers. Final approval of the plat by the City shall' be evi-
dence of acceptance of the dedications. 9edications shall include waiver of
right of direct access to any street from any property if required as a con-
dition of approval. All roadways not dedicated to the public must be clearly
marked on the face of the plat.
(6) Additional Requirements - Each plat or replat of any pro-
perty filed for recording shall contain:
(a) A statement of approval by the Citv Engineer as to
the survey data, the layout of streets, alleys and other rights -of -way, de-
sign of bridges, seviage and water systems and other structures.
(b) Contain a certification from a prop?r officer in
charge of tax collections that all taxes and delinquent assessments for whch
the property may be liable as of date of certification have been duly paid,
satisfied or discharged.
(c) Shall contain a waiver of all claims for damages
against any governmental authority which may be occasioned to the adjacent
land by the established construction, drainage and maintenance of improve-
ments required to be installed in said plat.
(7) Statement of Examination and Aoorcval - Each and every pre-
liminary plat submittel for final approval shall be accompanied by reports
recomm,ending approval or disapproval from the following City departments or
other agencies:
(a) The City Planner and the City Engineer shall certify
that the plat has been examined and approved as complying with all terms of
the preliminary approval of the proposed plat, subdivision or dedication.
(b) A letter shall be submitted with the final plat stat-
ing that the plat has been reviewed by the Snohomish County Public Health
Department as to the adequacy of the proposed means of sewage disposal and
water supply.
(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.
-(Notee--Appl4cab-le--s#,a�-s-t-a-t-utter -R--4_58.-17-160-{G,):�---
(9) City Council Acceptance - When the City Council finds that
the public use and interest will he served by the proposed subdivision and that
the subdivision meets the requirements of the City the written approval of the
City shall be placed upon the face of the plat.
Section 14. Section 12.10.140 EFFECT DF REZONES. Any lots in a
final plat filed for record snail be e —valid iand use notwiFhstanding any change
in zoning laws for a period of five years from the date of filing.
-(Note:--App-la,oaM-e--sta�-l-a%t; -RC-1#-58.-17.-}7e)-
MENTS.
Section 15. Section 12.10.150 SHORT SUBDIVISION AND PLAT REQUIRE-
' —
(1) Requirements for Short PlL,'_s - The following materials
shall be supplied with E e application for a s art plat together with such addi-
tional information as may be required by the City Planner and/or the City Engi-
neer.
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(a) I— o and : dent ification
(1) Date, scale and North point
(2) Boundary lines, accurate and to scale, of the
tract to be subdivided and each iot in the short subdivision.
(3) Tile location and nar:;es, where applicable, of
all existing or platted streets within or adjacent to the proposed short sub-
division.
(4) Location and width of any rights -of -way or
easements within the proposed short subdivision.
(5) Boundaries of all land reserved in the deed for
common use of the property owners of the short subdivision.
(o) Approximate•location of existing structures.
(7) Location and width of proposed access drives and
easements with ownership clearly indicated.
use of the ]and. (8) Any existing or proposed restrictions on the
(b) Legal pe criptiun - A legal description shall be sub-
mitted with the application. Tito Ci.y Planner may require that the legal des-
cription be prepared by a licensed professional lard surveyor or certified by
a title insurance company doing business in Snohomish County, Washington.
(c) Short Pint .•ri-h �iedicatp;,n - When land dedication is
required, the short plat shall b4 - -prp,�ared by a icensed professional land
surveyor.
(d) Deyelcoment Plan - When a short subdivision is de-
signed with lot sizes large enoug`"i to be capable of further subdivision, the
subdivider will be required to submit a future development plan depicting that
adequate provision has been made in the proposed short subdivision for the
future needs for access, utilities, compliance with the appropriate plans of
the City and the other criteria as set forth in. Section 12.10.050, of this
Chapter.
(2) Staff Review - Nearing Proce7ure --Appeal
(a) Staff ReviE!w - Upon receipt of the application, the
City Planner shall conduct a staf- review of the proposed subdivision to deter-
mine if the proposed short plat cen;or;ns to the general and design criteria set
forth in Section 12.10.050 and based thiereon, if�in the opinion of the City
Planner and City Engineer, it is not n the public interest to require installa-
tion of complete improvements as etilerwise required by Section 12.10.050 of
this Chapter, they shall specify wnat improvements shall be required to be made
as a condition of approval in order to accomplish t€le purpose of this section.
1t is the intent of this section, to parrit 'latitu;e in the determination of
necessity of installation of impr�ve;1ents ,there the requirement of full im-
provements would be excessive for the proposed snort subdivision.
The staff review shall be completed within ten (10) working days after receipt
of the application.
(b) ,`iear;nq-;_u,,:r?u;e - Within fifteen (15) working days
after the completion of the. sta ' r:,;:,r, the City Planner shall hold a review
hearing and approve or disapprove zii-2 application. Prior to said hearing,
notice shall be sent to the apPlican-r, a::d to the adjacent property owners as
defined in Section 12.10.C40 (1) vi':ose rames'and addresses shall be provided
by the applicant and such notice shall oe mailed and posted as provided in
- Section 12.10.080 (1) (b) and (.c). Ire notice snail contain a statement of
the nature of the application and thy_ Date, ti,"e and place of said hearing
a. _ .1vftte all interested persons to s;:bmit ,-:ieir cor:aents concerning said
�n �.,
applica��o the : t; Planner, el t�.cr prior to or at the hearing.
After raviawing t-,e fji e aerd fc#lerrir: ;.:ie hearti!rg, t"e City planner shall
within Oree (3) wirkiraa eiys or � ,i eor^:letion of said hearing, prepare a
written report of his decision, which written report shall include a state-
ment of reasons for his recision. A copy or the fi^al decision shall be
mailed to the anpl i cant and all other persons nave Trade written reouest
for a copy of the sarro_-.
Short plats shall be returned to the a�)Dlicant within thirty d-Zs :'rom'the filing of the
shot plat unless U-6 ano scant consents to an c—O sion of su.l time o?riQ
® (c) Apneal to Pianninn Commission - The applicant or any
interested party may appeal the c=cision of t„e L-iiy Planner by requesting
that the matter be set for public hearing before the Planning Commission.
Said request shall be in writing and must be filed with the City Planner
within fifteen (15) days from the date of completion of said hearing.
The appeal shall be set for hearing before the Planning Commission at the
earliest possible date provided, however, in no event shall the hearing be
held prior to ten (10) days after the mailing of notices of the date, time
and place of said hearing to all parties who have previously requested in
writing either a copy of the City Planners' written decision or to be noti-
fied of the appeal haaring. No other notice of the appeal hearing shall be
required to be given.
(d) Any appeal from the Planning Commission decision
shall be as provided in Section 12.10.190.
(3) Conditions of Ao proval
(a) Recordinq-Eedieat}e9- Requirement - Short subdivisions
wegairing-dedieat}ens-a€-tar;dz-�>ae_a+3�eg-aeeess;-e`-xt;-er-ether-easeraents3 shall
be recorded as a short plat with the Snohomish County Auditor and, shall eentain
not be deemed a rover until so filed and shall contain a certification setting
ortth t e fo_l owing:
(1) A full and correct description of the lands div-
ided as they appear on the short plat;
(2) A statement that the short subdivision 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 s awn on the face of said short pat, which shall
et_reatori 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 e;ad-be shall be required to be surveyed by a licensed
professional land surveyor and monume!;ts placed on the site., As a further
conditior, of City require a survey and/or monumentation of
the lots created the short subdiv7s7on if deeme necessary y tyre CiZ+
Planner and/or City Engineer.
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(b) Instali��.ion of imp-o, ^eats - Installation of site
improvements may Le required in order to ensure improved access and adequate
utilities. If site improvements are required to be installed, the subdivider
shall meet the requirements set forth in Section 12.10.120 of this chapter.
(c) Compliance with Conditions of Aooroval - All condi-
tions for approval shall Fe by tine applicant within ninety (90) days, or
the short subdivision shall be deemed expired. Sale, lease or transfer of
land within the subdivision shall not be completed until all conditions of
approval have been met.
(d) Other Conditions of Aooroval - Any other conditions
of approval shall be set forth in writing as a covenant running with the land
and shall be granted by the owners of the property as grantors to the City of
Edmonds as grantee, and shall be recoded by the City at the applicant's ex-
pense within ten (10) days of approval of the short subdivision.
(4) Aanroval of Dedication - When a dedication is required in
a short subdivision, acceptance o, said dedication, by the City Council, shall
be obtained prior to the recording of the final short plat. The City Planner
shall place the short subdivision dedication on the next public hearing agenda
of the City Council and shall notify the applicant and -all other persons who
leave their name and address with the City Planner of the date of the hearing
before the City Council.
(5) Further Subdivision - Every short subdivision further div-
ided in any manner within a period of five (5) years from the date of approval
of the short subdivision, shall comply with all the provisions relating to
subdivisions and plats in this chapter.
(6) Record of Proceedings - A record of proceedings shall be
kept in the manner provided in Seceion 12.10.100.
Section 16. Section 12.10.160 LOT LINE ADJUSTMENTS
(1) A olicabilit - When an exchange of property is made be-
tween two adjoining Tots, it shall be defined as a lot -line adjustment if it
satisfies the following criteria:
(a) Neither of the two lots affected is made substandard
with respect to the requirements for lot dimensions specified by Edmonds City
Code, Chapter 12.16.
(b) No existing building or structure is made substandard
or nonconforming in any respect.
(c) Existing easements in favor of the public are not
rendered impractical to serve their purpose.
(d) There is no dedication of land for public purposes.
(2) Application Procedure
(a) Pre1jrnir1:.r, 'ao - A preliminary map shall be filed
with the application and fee. The ap shall contain a legal description which
has been prepared by a licensed professional land surveyor or a Title Company,
and any other information required by the City Planner or City Engineer.
(b) Staff Review - Hearing Procedure - Ap2eal - Staff re-
view, hearing and appeals to the Planning Commission shall be conducted in the
same manner as set forth in Section 12.10.150 (2) of this Chapter.
(c) Record of Proceedings_ - A record of proceedings shall
be kept in the manner provided in Section 12.10.100.
A�lat accurately depicting the apgrov+
the Snohomish County Auditor in accordancl
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erection 17. l' 'O.l; - DT-TC',T' `iS
(1) Prccadur `o- Srbd vr, s ions
(a) Where application of the requirements of this chapter
may result in undue hardship due to spec al co,i-.itiens or circumstances pecu-
liar to the land suc� as size, Sr.a;L. aq_i-C_Dogru'?3}y, alld 54Ch C�!ridiLllnS were
not ,5*ots7at upon the as,licant by his c:rn zctio s cr the actions of his pre-
decessur in interest subsequent to tr:e c!—ELct'i':e 1dte of this ordinance, the
appli;antgray submit a request to the Plcnnin0 C.;,mission for rodification of
the requirements.
(d) When a su.`,^ivider requests a modification of the pro-
visions of this ordinance, the Planning aS ission shall hear the modifications
at the preliminary hearing and make r cow-endat ons to the City Council.
(c) The Plarning Co:-nission shall make their firdings on,
the basis ofF criteria de -Fired in Secticn 12. LIN of the Edmonds City Code.
(d) The City Council shall apnrov2 or disapprove the re-
quested -modifications when it revie,-,s the prelirrirary plat as provided in
Section 12._0.090 and shall base such approval or disapproval en the criteria
set forth in (c) above.
(2) Procedure for Sh^rt Peauests for modifica-
tion of the requirements of this crap-er as to any short subdivision shall be
heard by the Board of Adjustment as an application for a variance as provided
by Chapter 12.16 of the Edmonds Cizy Code.
Section 18. Section 12.10.Mi PERMITS - huilding permit, septic
tank permi-, or other develcTnent pe, ;;k, ShaT o issued for any lot, tract, or
parcel of land divided in violation of t"is chapter unless the ape ey-at;tkepieeE
te-issue-sheh-pewit-rinds-tbat-tqe-9h!�'--e_i-pteres.-wil-net-be-a�',2rsely-of€eeted
thereby.- a olicant for suc�h_ _a_ �ermit has aonliad r_) the Poard of Aj !:stment and ohtair;ed
a ruling from sal $oard tf3aL L!e ub!"`c i„t6'rps~ lilt to ady2rse!y affect-d ii:ere y.
Provided, iia:rever, the prohibition cr_n}ai nrd in t,i; ci on shall ziot apply to
an innocent purchaser for value wiihou acrua na_ c
Section 19. Section 12.10.190 APPEALS - Any final decision for
which no other -direct appeal is specifically provi+d'ed in this chapter approv-
ing or disapproving any subdivision, plat, short sl;5div`sion, short plat or lot
p
Tine adjustment, and for which all other appeals secifically authorized have
been timely exhausted, shall be reviewable for rlaw;ul, arbitrary, capricious
or corrupt action or nonaction by writ of review before the Superior Court of
Snohomish County. The action may be brought by any property owner in the City,
who deems himself aggrieved thereby: Provided, Tnat application for a writ of
review shall be made to the Court within thirty days from any decision so to
be reviewed. The cost of transcription of all records ordered certified by
the Court for such review shall be borne by the appellant.
Section 20. Section 12.10.200 PENALTIES. Any person, firm, corpo-
ration, or association w-o 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 prevision 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, ho.rever, 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. End SLICK other injunctive re-
lief as may be granted by a court sitting in egOry jurisdiction flat the costs
Of such action shall be taxed against the, violator bA shall include a reasonable
sum as and for attnrn.evs' .BP[_
- 14 -
t
section 21. Se_t;on I?_1^.2 ..1_ ?=pEALEp _ Chaoter 12.08. the
-;
prior SUbaiJls'�era !'ode, .y Code is herebv repealed.
Section 22. Section 12.!1.InO SEu£R.L.31[ iTY - If any section, sub-
section, Clause or phrase of this C-epter is for any reason held to be in-
valid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
chapter, it being expressly declared that this chapter, and each section,
subsection. sentence, clause and phrase hereof would have been prepared,
proposed, adopted, approved and ratified irrespective of the fact that any
one or more section, subsection, -sentence, clause or phrase be declared in-
valid or unconstitutional.
APPROVED:
MAYOR
ATTEST:
CITY Y CLERK
PASSED BY THE COUNCIL:
FILED WITH THE CITY CLERK:
PUBLISHED:
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