SUBTITLE V CHAPTER GENERAL PROVISIONS. (1) The ordinance codified in this subtitle shall be known as the City of Port Orchard subdivision code.

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1 SUBTITLE V CHAPTER GENERAL PROVISIONS Sections: Title Authority Purpose Definitions Applicability Exemptions Consent to access Limitation of liability Severability Title. (1) The ordinance codified in this subtitle shall be known as the City of Port Orchard subdivision code. (2) This chapter shall be entitled General Provisions. The provisions of this chapter shall apply to all chapters within this subtitle Authority. This subtitle is adopted pursuant to the provisions of chapter RCW and the general police powers granted to the City pursuant to chapters 35A.13 and 35A.63 RCW and other applicable laws Purpose. The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the subdivision of land, for obtaining binding site plans, and of the adjustment of existing lot lines within the City, ensuring: (1) That the highest feasible quality in subdivisions will be obtained; (2) That the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected, complying with the provisions of Chapter RCW; 1

2 (3) That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted; (4) That the proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made; (5) That maximum advantage of site characteristics shall be taken into consideration; (6) Avoid placing undue and unnecessary burdens on both the applicant and the City; and (7) That the process shall be in conformance with provisions set forth in Port Orchard Municipal Code; PMC Title 20, Land Use Code; and the Port Orchard Comprehensive Plan Applicability. (1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any land within the corporate limits of the City of Port Orchard for sale, lease, transfer, or building development into two (2) or more parcels, except as expressly stated in this subtitle. (2) Land use review procedures provided in chapter POMC, Land Use Review Procedures, shall apply in addition to applicable provisions within this subtitle. (3) No person, firm, or corporation proposing to make, or having made, any division of land as described above within the City limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short plat, subdivision plat, or binding site plan in accordance with this subtitle, unless such agreement for sale complies with RCW (4) All contiguous land shall be included in a plat application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this subtitle. The applicant shall certify that she/he has included all contiguous land in a plat application and that she/he does not own or otherwise have a legal interest in ownership of contiguous parcels. (5) Any land being divided into four (4) or fewer parcels, lots, tracts, or sites shall conform to the short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has shortplatted a parcel into fewer than four (4) lots from filing a short plat within a five (5) year period to create up to a total of four (4) lots within the boundary of the original short plat. Any land being divided into five (5) or more parcels, lots, tracts, or sites for any purpose, and any land which has been divided under the short plat process within five (5) years, shall conform to the provisions of the preliminary and final plat procedures of this subtitle. The only exception to this provision shall be those lands being subdivided through the binding site plan procedures of this subtitle Exemptions. 2

3 Pursuant to RCW , the following activities are not considered short plats or plats and the provisions of this subtitle shall not apply to them: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions made by testamentary provisions, or the laws of descent; (3) Divisions of land into lots or tracts classified for industrial or commercial use when the City has approved a binding site plan for the use of the land in accordance with this chapter; (4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with this subtitle; (5) Lot line adjustments made pursuant to this subtitle; (6) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. Personal wireless service means any federally license personal wireless service. Facilities means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters and support structures; (7) A division of land related to the acquisition or exchange of land by public agencies for public use, except human occupancy, including but not limited to subdivisions made for road construction purposes; (8) Portions of property deeded to the City for the limited purpose of providing a right-of-way and/or utility facilities, such as but not limited to the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; or a pumphouse, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the Planning Director is received. (9) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the County Auditor Consent to access. All persons applying for approvals under this subtitle shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action Limitation of liability. 3

4 It is the specific intent of this subtitle and procedures adopted under this subtitle to place the obligation of complying with the requirements of this subtitle upon the permittee, and no provision is intended to impose any duty upon the City, or any of its officers, employees, or agents. Nothing contained in this subtitle is intended to be or shall be construed to create or form the basis for liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this subtitle, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subtitle or any procedures adopted under this subtitle by the City, its officers, employees, or agents Severability. If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to other persons, property, structures, or circumstances shall not be affected. Whenever any condition or limitation is included in an order authorizing a planned development or any site plan approval, it shall be conclusively presumed that the authorizing officer or body consider such condition or limitation necessary to carry out the spirit and purpose of this subtitle or the requirement of some provision hereof, and to protect the public health, safety, and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. 4

5 CHAPTER ADMINISTRATION & ENFORCEMENT Sections: Interpretation; conflict Review and approval procedures Vesting Violations, enforcement, and penalties Appeals Interpretation; conflict. (1) In their interpretation and application, the provisions of this subtitle shall be considered the minimum requirements required. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety, and welfare. (2) Except as provided for otherwise in this subtitle, the community development director or designee shall have the authority for interpreting the meaning, words, phrases, and sentences set forth in this subtitle and the determination of how specific situations are regulated by this subtitle. (3) Whenever, in the course of administration and enforcement of this subtitle, it is necessary or desirable to make any administrative decision, unless other standards are provided for, the decision shall be made so that the result will not be contrary to the spirit and purpose of this subtitle or injurious to the surrounding neighborhood. When this subtitle imposes a greater restriction or higher standard on the development and uses of land or improvements thereon than is required by other codes, rules, or private covenants or agreements, the provisions of this subtitle shall prevail and shall be followed. Regardless of any other provision of this subtitle, no land shall be divided in violation of any local, state, or federal law or regulation. (4) Appeals of an administrative interpretation of this subtitle shall be processed in accordance with the provisions of Chapter POMC Review and approval procedures. (1) The procedures for approval of short and long plats, binding site plans, and all subdivisions not exempt from this subtitle, as well as the vesting of rights related to those types of approvals, are set forth in this subtitle. All such provisions require consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its successors, as applicable to the type of land division being proposed. (2) In addition to compliance with this Subtitle, all subdivisions, short subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations, and vacations 5

6 shall adhere to all applicable adopted City standards and regulations, including, but not limited to, the comprehensive plan, the Shoreline Master Program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the City s street and utility standards, the City s zoning and building codes, the City s concurrency ordinance, public works & street standards, storm water drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the City Clerk. (3) For purposes of compliance with RCW Title 58 or its successors, the City of Port Orchard subdivision regulations shall consist of this subtitle, as well as applicable substantive standards in POMC Subtitle X (Buildings and Construction), Subtitle VII (Environment), and Subtitle III (Zoning), applicable procedures set forth in POMC Subtitle II (Permit and Development Approval Procedures), and any related local regulations or ordinances adopted in accordance with state law. (4) For purposes of compliance with the City s design regulations and development standards, applications shall be reviewed for compliance with POMC Title 12 (Streets and Sidewalks) and POMC Subtitle X (Buildings and Construction). (5) The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW Vesting. A complete application for a short plat, preliminary plat or binding site plan, shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully completed application for the preliminary plat approval of the subdivision, short plat approval of the short subdivision, or a preliminary binding site plan has been submitted to the Department of Community Development Department. The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW (the State Environmental Policy Act) Violations, enforcement, and penalties. (1) General. It is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer to sell or transfer, real property in violation of this subtitle. It is a violation of this subtitle to do any other thing with respect to a lot, tract, parcel, or property in the City that violates this subtitle or violates a plat or short plat restriction imposed by the City. (2) Enforcement. The City shall use the applicable provisions of POMC in the investigation, enforcement, and prosecution of the violations of this subtitle. (3) Civil Infraction. Except as otherwise provided in this subtitle, no person shall violate or fail to comply with this subtitle. A violation of or failure to comply with this section is a civil infraction. (4) Criminal Penalty. Except as otherwise provided in this subtitle, in addition to or as an alternative to any other penalty provided in this subtitle or by law, a person convicted of a violation of this subtitle is guilty of a misdemeanor. Upon conviction a person may also be ordered to abate, discontinue, or 6

7 correct a violation of this subtitle. (5) Other Lawful Remedies. Nothing in this section shall limit the right of the City to pursue other lawful criminal, civil, or equitable remedies to abate, discontinue, or correct violations of this subtitle. (6) It is unlawful to violate or fail to comply with any provision of this Subtitle or any such rule or regulation. (7) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this Subtitle shall be guilty of a gross misdemeanor. Each violation involving a separate lot, tract, or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is not a violation of this Subtitle if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded. (8) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this Subtitle or any term or condition of plat approval prescribed for the plat, the City may commence an action to restrain and enjoin such use and compel compliance with the provision, terms, or conditions. The costs of such action may be taxed against the violator. (9) Any person who violates any court order or injunction issued pursuant to this Subtitle is guilty of a misdemeanor. (10) 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 Subtitle unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers or transferees property shall comply with provisions of this Subtitle and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this Subtitle, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this Subtitle as well as cost of investigation, suit, and reasonable attorneys fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming their property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit, and reasonable attorneys fees occasioned thereby. (11) The Director of the Department of Community Development has the authority to adopt rules and regulations to carry out the provisions of this Subtitle and has the authority to administer and enforce this Subtitle and any such rules and regulations. 7

8 (12) In addition to the remedies prescribed in this section, the City may pursue any other enforcement authorized by law Appeals Appeals of decisions made pursuant to this Subtitle shall be as set forth in the applicable chapter and pursuant to chapter POMC. 8

9 CHAPTER BOUNDARY LINE ADJUSTMENTS Sections: Purpose; scope Decision type Application requirements Review procedures and limitations Final approval and recording Purpose; scope. The purpose of this chapter is to provide procedures and criteria for the review and approval of adjustments to boundary lines of legal lots or tracts in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes Decision type. A boundary line adjustment is a Type I application and shall be processed in accordance with the procedures for such applications as set forth in chapter POMC Application requirements. The following materials shall be submitted to the City, pursuant to any additional application rules, policies, or procedures issued by the Department in order to constitute a complete application for a boundary line adjustment: (1) Completed master land use application form and payment of associated fees pursuant to chapter POMC; (2) A vicinity map that clearly marks the site in relation to the nearest major streets, roads, and waterways in the area; (3) A separate map that depicts the proposed property configuration, including all lot line dimensions and existing roads, structures and easements, with lines marking the original boundaries of the site; (4) A separate map that depicts the proposed property configuration, including all lot line dimensions, names and locations of existing or proposed roads and easements within or adjacent to the tract, the location(s) of existing structures within the tract, and the location(s) of all utilities; (5) A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor; and 9

10 (6) A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property Review procedures and limitations. (1) Optional pre-application meeting. Prior to submitting a boundary line adjustment application, an applicant may request an optional pre-application meeting, pursuant to chapter POMC. At that time the Department will perform a conceptual review based upon the information brought in by the applicant. (2) Applications for the adjustment of boundary lines between adjacent lots shall be reviewed pursuant to the following criteria and limitations: (a) Examination for consistency with: (i) (ii) POMC Title 20, Land Use and Development; and applicable county public health regulations; and (b) Any adjustment of boundary lines must be approved by the Department prior to the transfer of property ownership between adjacent legal lots; (c) Any adjustment of boundary lines may require modification or sharing of access, to be approved by the City engineer. (d) A boundary line adjustment proposal shall not: (i) (ii) (iii) (iv) (v) (vi) (vii) Result in the creation of an additional lot; Result in a lot that does not qualify as a building site pursuant to this title; Reduce conforming lot dimensions such as area or width to nonconforming dimensions; Reduce the overall area in a plat or short plat devoted to open space; Result in a lot that previously met sewer/water district standards for sewer/water service no longer meeting district standards; Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat; Involve lots that do not have a common boundary; or 10

11 (viii) (ix) Circumvent the subdivision or short subdivision procedures set forth in this subtitle. Create an unbuildable lot. (3) The elimination of lines between two (2) or more lots for the purpose of creating a single lot that meets requirements as a building site in all cases shall be considered a minor adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this subtitle. (4) Recognized lots in an approved site plan for a conditional use permit, special use permit, or binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development without additional conditional use permit, special use permit, or binding site plan review and approval. (5) Lots that have been subject to a boundary line adjustment process that resulted in the qualification of an additional building site shall not be permitted to utilize the boundary line adjustment process again for five (5) years to create an additional building site Final approval and recording. (1) Prior to final approval, documentation authorizing the transfer of property ownership shall be placed on the original boundary line map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment. (2) A title insurance certificate updated not more than thirty (30) days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the Department with boundary line adjustment final review documents. All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public. (3) The final record of survey document must be prepared by a land surveyor in accordance with chapter RCW. The document must include all of the elements set forth in RCW XX0(1) and contain a land surveyor s certificate as set forth in RCW , as well as approval blocks for the Public Works and Department of Community Development Directors, Treasurer, and County Auditor. (4) After approval, the applicant shall deposit a recording fee for the boundary line adjustment with the City, and the City shall cause it to be recorded with the County Auditor. 11

12 CHAPTER SHORT SUBDIVISIONS Sections: Purpose; scope Decision type Pre-application conference Concurrent review Burden of proof Application submittal requirements Additional notice Review criteria Findings Time limitation for final decision Construction of improvements Restriction on further division Submission of final short plat for signature Building permits will not issue until improvements are constructed or appropriate security is posted Purpose; scope. The purpose of the provisions in this chapter is to regulate the subdivision of land into four (4) or fewer lots Decision type. A short plat is a Type I decision and shall be processed in accordance with the procedures for such decision types as set forth in chapter POMC Pre-application conference. (1) For the purpose of expediting applications and reducing subdivision and site plan design and development costs, a developer may request a pre-application conference, pursuant to chapter POMC, to discuss land use, site design, required improvements, and conformance with this chapter and additional applicable provisions of POMC Title 20, Land Use and Development Regulations. (2) The pre-application conference is advisory only and neither the applicant nor City staff shall be bound by any determinations made therein Concurrent review. Short subdivision applications may be processed concurrently with other required applications for planning approval. Multiple applications will be processed according to the requirements of chapter POMC Burden of proof. 12

13 The burden of providing all information necessary to satisfy the requirements of this chapter shall be upon the applicant requesting the short subdivision. The decision of the Director as to the sufficiency of information provided by an applicant shall be considered a final decision for the purposes of this chapter Application submittal requirements. (1) At a minimum, a short subdivision application shall include the documents set forth below and any other document or information deemed necessary by the Director, upon notice to the applicant. All documents shall be in the form specified by the Director and shall contain such information as deemed necessary by the Director. (2) The following materials shall be submitted to the City for a complete application for a short subdivision: (a) Completed master permit form and payment of associated fees pursuant to chapter POMC; (b) All materials required pursuant to the Director, as well as an electronic version of the materials to be submitted to the City via an approved method for electronic submission of files. (3) The submittal requirements are not intended to determine if an application conforms to City of Port Orchard codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. (4) The Director may waive any sections of the submittal requirements of this section if certain requirements are determined by the Director to be not reasonably necessary for review and approval of a given short subdivision application Additional notice. In addition to the notice required for Type I applications pursuant to chapter POMC, upon receipt of a complete short subdivision application, the Department shall provide the following additional notice as applicable: (1) If the proposed short subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Transportation; and (2) If the proposed short subdivision is located in whole or in part in a flood control zone as provided in chapter RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology. 13

14 Review criteria. The applicant for a short subdivision must demonstrate that the application complies with all of the following: (1) All applicable state statutory provisions, including, but not limited to, RCW ; (2) All applicable provisions of chapter POMC, General Requirements for Subdivision Approval; and (3) Unless a short subdivision falls within the provision of chapter POMC, Critical Areas, or chapter POMC, Shoreline Master Program, no environmental checklist shall be required prior to approval of a short subdivision application Findings. A proposed short subdivision application shall not be approved unless the Director makes written findings and conclusions that: (1) All of the requirements in POMC XX, Review criteria, are satisfied; (2) Pursuant to RCW : (a) appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) The public use and interest will be served by the platting of the short subdivision and dedication Time limitation for final decision. A short subdivision application shall be approved, approved with conditions, or denied within thirty (30) days after determination that a complete application has been submitted pursuant to chapter , unless the applicant consents in writing to an extension of such time period or if the preparation of an EIS is required Construction of Improvements. After approval of a short plat, the subdivider shall have sixty (60) months to construct all required public facilities. In lieu of construction within this time period, the subdivider may submit a bond, pursuant to chapter POMC. City Council acceptance may be required for any dedications of land or improvements to the City Restriction on Further Division. The mylar submitted to the City as provided in below shall include a statement on the face of the short plat, pursuant to RCW , that land in a short subdivision may not be further divided in 14

15 any manner within a period of five (5) years without the filing of a final plat; except that when the short plat contains fewer than four (4) parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five (5) year period in order to create up to a total of four (4) lots within the original short plat boundaries Submission of Final Short Plat for Signature. Prior to the expiration of the sixty (60) month period for constructing improvements provided for in POMC , and as long as all public facilities required by the short subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar (and/or related materials) of the approved short plat to the Director. The mylar and final short plat materials shall include all of the elements described in POMC Within thirty (30) days of submission of these materials, the Director shall confirm that all improvements are complete, that the conditions have been performed, and that the mylar conforms to the requirements of this chapter. If the Director finds that all such requirements have been satisfied (or that the applicant has posted a bond pursuant to this chapter), the Director shall follow the procedure set forth in chapter for recording of the short plat Building permits will not issue until improvements are constructed or appropriate security is posted. If a short subdivision is approved subject to the construction of public facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the short plat until actual construction of the public facilities (and, in the case of public facilities that will be dedicated to the City, until after inspection and acceptance of the same by the City), or full performance of the conditions. This prohibition on the issuance of building permits under this section shall not apply if the City has allowed the subdivider to post a bond or provide other security to the City in lieu of construction of the public facilities. 15

16 CHAPTER SUBDIVISIONS PRELIMINARY PLATS Sections: Subdivisions Purpose; applicability Subdivisions Preliminary plat Application required Subdivisions Preliminary plat Submittal requirements Subdivisions Preliminary plat Criteria for approval Subdivisions Preliminary plat Dedications Subdivisions Preliminary plat Timeline for approval Subdivisions Preliminary plat Effect of approval; Expiration Subdivisions Preliminary plat Modifications Subdivisions Purpose; applicability. (1) The purpose of this chapter is to adopt the process and procedures for the review and approval of subdivisions in a manner consistent with chapter RCW. (2) The provisions of this chapter describe the procedure that the City shall use to review and approve, conditionally approve, or deny proposed subdivisions. (3) This chapter contains the substantive requirements that apply to subdivisions. For properties within jurisdiction of the Shoreline Management Act, also see Chapter POMC for applicable requirements. (4) Alterations and vacations of subdivisions shall follow the procedural requirements outlined in Chapter POMC Subdivisions Preliminary plat Application required. (1) Decision type; review procedure. A preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in chapter POMC. (2) Form. Applications for a preliminary plat shall be filed with the Department on and pursuant to forms provided by the Department. The Department is authorized to maintain by administrative rule a list of the application requirements, which at a minimum shall incorporate the requirements included in this chapter. (3) Environmental checklist. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as 16

17 amended, and POMC , State Environmental Policy Act. The information required is a part of and must accompany a preliminary plat application. (4) Accuracy of Information. Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as a new application and shall require a new application fee Subdivisions Preliminary plat Submittal requirements. The following, at a minimum, shall be submitted in the form and manner required by the Department; provided, that the Director may waive any requirements determined to be not reasonably necessary to review a preliminary plat application. (1) Name, address, and telephone number of the subdivider and of the owner(s) of the property to be subdivided; (2) A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; (3) Legal description of the property to be subdivided, including legal descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot; (4) A map using a scale of 100 feet to one inch or larger containing the following information: (a) The proposed name of the subdivision, if applicable, which shall not be the same as the name of any other subdivision or development in the City; (b) Scale, north arrow, and date; (c) Boundary lines including distance and bearing. The map shall be referenced to the state plane coordinate system; (d) (e) (f) Location of monuments or evidence used as ties to establish the boundaries; Zoning on and adjacent to the property; Proposed lot lines, dimensions, lot numbers, and block numbers; (g) A notation which shows the dimensioned setback of all existing structures, including those on adjoining properties, relative to existing property lines and to proposed lot lines, if such structures are proposed to remain and are within thirty (30) feet of existing or any proposed lot lines; 17

18 (h) Exact location and dimension of all rights-of-way, tracts, easements, driveways, parks, or other public spaces, structures, lots, blocks, etc. within or adjoining the subject property, shown in reference to and in scale with the proposed subdivision and with applicable city or county file numbers; (i) Existing and proposed water, sewer, power, communication, and stormwater drainage systems on, under, or over the property showing size, grades, points of connection, and location; (j) The lot lines and owners of adjacent properties for a distance of not less than 100 feet from the external boundaries of the subject property; (k) Existing topography of the subdivision indicated by contours at two-foot intervals. If the proposed subdivision has slopes that exceed fifteen (15) percent, five (5) foot contour intervals may be used in those areas; (l) Typical cross-sections of the proposed grading; roads showing proposed sidewalks; (m) A statement of soil type, drainage conditions, and present landscaping including a description of any natural or manmade land cover; wildlife present; the location of significant trees and proposed significant trees to be retained; all environmentally sensitive areas, their buffers, and minimum building setbacks; information required in accordance with Subtitle VII POMC, Environmental Regulations; and any other environmental factors which may be prescribed by the Community Development Department; (n) Tracts of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision, including the dimensions and square footage of such tracts; and (o) If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines. (5) All information required under the State Environmental Policy Act (chapter 43.21C RCW, as presently constituted or as may be subsequently amended), the SEPA administrative guidelines (chapter WAC, as presently constituted or as may be subsequently amended), and local ordinances adopted to implement such Act and guidelines. (6) A current title company certificate for the subject property that has been issued no more than thirty (30) calendar days prior to submitting the preliminary plat application to the City. The certificate shall include the name of all persons holding any ownership interest in the property. (7) Title and certificates, including legal description according to official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision 18

19 of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or licensed land surveyor, date of survey; (8) Any additional information required by the Director, including, but not limited to, dedications or conditions of development required by this Title. (9) A certification by the land surveyor stating that all requirements of this title have been complied with. (10) Draft of proposed covenants if any. (11) Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of this chapter and all other applicable City codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in POMC If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established pursuant to POMC , the applicant must enter into a development agreement with the city prior to the deadline pursuant to chapter POMC to govern such phased final plat approval. Phasing shall be shown on the face of the preliminary plat Subdivisions Preliminary plat Criteria for approval. An applicant for a preliminary subdivision must demonstrate, and a preliminary subdivision shall not be approved by the City unless the City makes written findings and conclusions, that the application complies with all of the following criteria: (1) All applicable statutory provisions, including but not limited to, RCW ; (2) The City s zoning code, and all other applicable laws of the appropriate jurisdictions, including but not limited to, the health department; (3) The City s comprehensive plan and all related elements, including, but not limited to the comprehensive plan s capital facilities, water, sewer, and transportation elements; (4) The City s shoreline master program, and any other City-adopted plans; (5) There are adequate and available water, storm drainage, erosion control and sanitary sewage disposal to support and service the area of the proposed preliminary subdivision and that are consistent with current standards and plans as adopted in City code or ordinance; 19

20 (6) All buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City s comprehensive water system plan and chapter 13 POMC, Public Utilities. (7) All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment, consistent with the City s comprehensive sewer plan and chapter 13 POMC, Public Utilities. (8) Stormwater drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with chapter , Stormwater Drainage. (9) If the preliminary subdivision is in a flood control zone as defined in chapter RCW, the preliminary subdivision cannot be approved without the written approval of the State Department of Ecology. (10) There are no flood, inundation, or swamp conditions that preclude approval under RCW ; (11) Proposed streets shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. All streets must be clearly shown on the face of the plat; public and private streets shall be designated. (12) Provisions have been made for streets, utilities, street lighting, street trees, and other improvements that are consistent with the City s zoning code and all applicable design, engineering, and construction standards; (13) Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW and all other legal requirements. (14) Provisions have been made for dedications, easements, and reservations; (15) The design, shape, and orientation of the proposed lots are appropriate to the proposed use. In addition to meeting the minimum lot size density requirement, each residential lot must provide a building envelope. (16) The subdivision complies with the relevant requirements of the City s zoning code, all other relevant provisions of the POMC, and all other relevant policies and administrative rules of the City; 20

21 (17) Appropriate provisions for maintenance and monitoring of privately owned common facilities have been made; (18) Appropriate provisions, in accordance with RCW , are made for: (a) (b) The public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and The public use and interest will be served by the platting of such subdivision and dedication. (19) The applicant agrees to install and dedicate all public facilities prior to the City s approval of the final plat, unless the applicant has provided the necessary security for the future construction of any public facilities not yet installed or dedicated at the time of final plat pursuant to POMC Subdivisions Preliminary plat Dedications. (1) Dedication of land to any public body, provision of public facilities to serve the subdivision, and/or impact fees pursuant to POMC Title 20 may be required as a condition of subdivision approval. Proposed dedications shall be clearly shown on the face of the preliminary plat. (2) Pursuant to RCW , if the preliminary plat includes a dedication of a public park with an area of less than two (2) acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city must adopt the designated name Subdivisions Preliminary plat Timeline for approval. A preliminary plat application shall be approved, approved with conditions, or denied within one hundred-twenty (120) days after an application has been determined to be complete pursuant to POMC , unless the applicant consents to an extension in writing of such time period; provided that if an environmental impact statement is required as provided in RCW 43.21C.030, the one hundredtwenty (120) day period shall not include the time spent preparing and circulating the environmental impact statement by the City or time during which the applicant has been asked to provide additional information to the City but has not yet responded Subdivisions Preliminary plat Effect of approval; Expiration. (1) Approval of the preliminary subdivision by the City shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the City, the 21

22 City s design and construction standards, and any special conditions imposed on the approval. (2) Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the City Engineer, pursuant to POMC Subdivisions Preliminary plat Modifications. An application for a modification to an approved preliminary plat may be submitted before a final plat application is submitted, as follows: (1) Major and Minor Modifications Defined. (a) Minor modifications. Minor modifications to an approved preliminary plat are those which do not change the exterior plat boundaries, the conditions of preliminary plat approval, and road alignments or connections; or do not increase the number of lots by more than five percent (5%) or five (5) lots, whichever is less. (b) Major modifications. A major preliminary plat modification is any application for a modification of a preliminary plat that does not meet the definition of a minor preliminary plat modification herein. (2) Decision types; review procedure. (a) Minor modifications. A minor modification to an approved preliminary plat is a Type I land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in chapter POMC. (b) Major modifications. A major modification to an approved preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in chapter POMC. (3) Application. A complete application for a preliminary plat modification shall consist of the following: (a) Minor modifications. A complete application for a preliminary plat minor modification shall consist of a site plan showing the proposed modification, using the same plan format as in the original approval; and explanation in narrative form of the requested minor modification. (b) Major modifications. An application for a major preliminary plat modification shall include all of the required elements of a complete preliminary plat application pursuant to POMC (4) Criteria for approval. An application for a plat modification, either minor or major, shall be approved, or approved with conditions, if the applicant demonstrates that all of the following criteria are satisfied: 22

23 (a) The modification meets all criteria in POMC ; and (b) The modification will not be inconsistent with, or cause the subdivision to be inconsistent with, the findings, conclusions, or decision made by the City in its approval of the preliminary plat. (5) Time Limitation for Decision. A preliminary subdivision modification application, either minor or major, shall be approved, approved with conditions, or denied within one hundred twenty days (120) after the application is determined to be complete pursuant to POMC , unless the applicant consents to an extension in writing of such time period; PROVIDED, that if an environmental impact statement is required as provided in RCW 43.21C.030, the one hundred-twenty day period shall not include the time spent preparing and circulating the environmental impact statement by the City. (6) Deadline for Submission of Final Plat Not Extended. Approval of a preliminary subdivision modification, either minor or major, shall not extend the deadline set forth in POMC for submission of a final plat application to the City; provided, that the decision-maker for an approved major preliminary plat modification may extend the deadline for submission of a final plat application if the decision-maker finds that the approved major modification is in the public interest Subdivisions Final plat Deadline for filing. (1) General. The applicant shall submit to the Department a final plat that meets the requirements of this chapter and the preliminary subdivision approval, together with required recording fees, within the time period as set forth in RCW following the date of preliminary plat approval or the preliminary subdivision approval shall be deemed void and any development rights that have vested in the applicant shall be considered abandoned. (2) Extension. The applicant may file a request to extend the preliminary subdivision approval for up to one (1) year. The request must be delivered in writing to the Department at least thirty (30) days prior to expiration of the preliminary plat. The Department shall forward the request to the City Council within 30 days of receipt. The City Council shall grant approval of the extension if it is shown that the applicant has attempted in good faith to submit the final plat within the five-year period. If the final plat has not been submitted to the City Council within any extended period, the preliminary subdivision approval shall terminate in accordance with subsection (1) of this section. 23

24 CHAPTER SUBDIVISIONS FINAL PLATS Sections: Decision type; review procedure Application Subdivisions Final plat Prescribed form Subdivisions Final plat Criteria for approval Subdivisions Final plat Time limitation for approval Subdivisions Final plat Recording; expiration Subdivisions Final plat Effect of approval Decision type; review procedure. A final plat is a Type IV land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in chapter POMC Application. A complete final plat application shall include all of the following: 1. The application form provided by the City, which shall include the name, address and telephone number of the subdivider, property owner, and the date of submission; 2. A final plat map meeting the requirements of preliminary plat approval, chapter 20.88, and chapter RCW, in the form required by and including the certifications and dedications described in chapter Every plat containing a dedication filed for record must be accompanied by a recent title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication; 3. A recordable survey and surveyor s signature meeting the requirements of Chapter RCW and RCW ; 4. If the public facilities and improvements required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a Development Agreement, pursuant to POMC 20.26), the subdivider s engineer shall provide cost information for the construction and installation of all public facilities not installed at time of final plat application, 24

25 including, but not limited to, the following: a. Water mains and appurtenances, including the costs of any other associated improvement by item, including water services; b. Storm drainage facilities; c. Sanitary sewer; d. Pedestrian/bike connections; e. Landscaping, including street trees; and f. Other on- or off-site improvements as required. 5. As-built drawings. 6. Final plat compliance matrix Subdivisions Final plat Prescribed form. The final plat shall be submitted to the City in the form and manner prescribed in this section. A. Form. 1. The final plat containing all of the information specified in this chapter shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar film or better. The applicant shall also submit an electronic copy to the City of the approved final plat. All documents, maps, survey calculations, and notes shall contain the name of the subdivision, the name(s) of the applicant(s), and the name of the registered land surveyor responsible to the applicant(s); and 2. The plat map shall be 18 inches by 24 inches or larger with a one-half inch border on the top, bottom, and right-hand margins and a two-and one-half inch border on the left-hand or binding margin. B. Specific Requirements. The final plat shall clearly show the following information: 25

26 1. The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds, and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision; 2. The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds, and easements adjacent to the subdivision, including municipal boundaries, township lines, and section lines; 3. The lengths and bearings of all straight lines, curve radii, curve delta, arcs, and semitangents (where appropriate) of all curves; 4. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone; 5. All easements and associated restrictions and maintenance provisions; 6. Building setbacks; 7. Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined; 8. The area of all lots and tracts expressed in square feet; 9. Suitable primary control points, approved by the City Engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred; 10. The location of all permanent monuments; 11. The names of all subdivisions immediately adjacent thereto; 26

27 12. The date, north arrow, scale, datum plane, and date of survey; 13. The boundary of the tract with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state; 14. A vicinity sketch map of approximately 800 feet to the inch; 15. Street names; and 16. The stamp and signature of a surveyor licensed in the State of Washington. 17. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth. 18. The scale of the plat will be 100 feet to the inch, or as approved by the Director. 19. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity. 20. Dedications statement. 21. Signature block Subdivisions Final plat Criteria for approval. A final plat application shall be approved if the subdivision proposed for approval: A. Meets all general requirements for plat approval as set forth in POMC ; and B. Substantially conforms to all terms of the preliminary plat approval; and C. Meets the requirements of Chapter RCW, other applicable state laws, this chapter, and any other applicable city ordinances which were in effect at the time of preliminary plat approval Subdivisions Final plat Time limitation for approval. The final decision to approve or deny a final plat shall be made within thirty (30) calendar days after the final plat application was determined complete, unless the applicant consents to an extension of such time period. 27

28 Subdivisions Final plat Recording; expiration. A. All final subdivisions shall be filed for record with the office of the Kitsap County Auditor. The applicant shall furnish one (1) copy of the recorded document to the Department and one (1) copy shall be filed with the office of the Kitsap County Assessor. B. Approvals of final subdivisions shall automatically expire if the plans are not recorded within one (1) year of the written approval date Subdivisions Final plat Effect of approval. A. Any lots in a final plat or filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of ten (10) years from the date of filing if the final plat is within City limits, not subject to the requirements adopted under chapter RCW, and the date of filing is on or before December 31, B. Except as provided by subsection (1) of this section, any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of seven (7) years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five (5) years from the date of filing if the date of filing is on or after January 1, C. Except as provided by subsection (4) of this section, a subdivisions shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW (1) and (3) for a period of seven (7) years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five (5) years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. D. A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval under RCW (1) and (3) for a period of ten (10) years after final plat approval if the final plat is not subject to requirements adopted under chapter RCW and the date of final plat approval is on or before December 31, 2007, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. 28

29 CHAPTER BINDING SITE PLANS Sections: Purpose Scope Application requirements Approval criteria Review process; preliminary approval Preliminary binding site plan expiration Final binding site plan approval; recording; legal effect Alterations Vacation Violation Purpose. This chapter provides for an optional method for the division of land for the lease or sale of commercial or industrial property, condominiums, and mobile home parks through the use of a binding site plan as provided for in Chapter RCW. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access; interior circulation; open space; landscaping and drainage; facility maintenance; and coordinated parking. This method may be employed as an alternative to the subdivision and short subdivision procedures in this subtitle, only when consistent with the provisions of this chapter Scope. (1) This chapter shall govern a subdivision of land through the optional binding site process provided for in RCW , or its successor. If approved under this chapter, a division of land authorized by a binding site plan is exempt from the short and long subdivision regulations and processes. (2) Any person seeking the use of a binding site plan to divide the person s property for the purpose of sale, lease, or transfer of ownership of commercially or industrially zoned property is required to apply for, complete, and have approved a binding site plan prior to any property division, as provided in Chapters 58.17, 64.32, or RCW and as required by this chapter. (3) The site that is subject to the binding site plan shall consist of one or more contiguous, legallycreated lots. 29

30 (4) A binding site plan for a condominium shall be based on a building permit, an as-built site plan for developed sites, a master land use permit issued for the entire site, or an approved site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of chapter POMC. (4) The site that is subject to the binding site plan may be reviewed independently for fully developed sites, or concurrently with a development permit application for undeveloped land. (5) The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon Application requirements. The following materials shall be submitted to the City, pursuant to any additional application rules, policies, or procedures issued by the department, in order to constitute a complete application for a binding site plan: (1) The application shall be submitted on forms to be provided by the Department along with the appropriate fees; (2) A completed master land use permit application form, including all materials required pursuant to chapter POMC; (3) Commercial, Mixed Use and Industrial Binding Site Plans. In addition to materials required pursuant to subsections (1) and (2) above, a binding site plan application for commercial, mixed use, or industrial proposals shall contain the same elements and information as a preliminary plat application, in accordance with chapter POMC; (4) Binding Site Plan for Residential Condominiums. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform with the requirements of Chapter RCW, The Condominium Act. The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW , as now adopted and hereafter amended, have been satisfied. The city shall not be responsible for verification that the proposal complies with Chapter RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered land surveyor licensed in the state of Washington. In addition to requirements of Chapter RCW, the binding site plan map must include the following: (a) The name of the condominium project; (b) Legal description of the entire parcel; (c) The date, scale, and north arrow; 30

31 (d) Boundary lines, rights-of-way for streets, easements, and property lines of lots, the location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions of angles and arcs, and of all curve data describing the location of all improvements; (e) Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets; (f) Number of each lot and each block or division; (g) Location, dimensions and purpose of any easements, noting if the easements are private or public; (h) Location and description of monuments, boundary corners set, and all lot corners set and found; (i) Datum elevations and primary control points approved by the public works department. Descriptions and ties to all control points will be shown with dimensions, angles, and bearings; (j) Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy intended to be preserved; and the location of the proposed access to the site for clearing and grading during site development and construction; (k) A dedicatory statement acknowledging public and private dedications and grants; and (l) Other restrictions, conditions, and requirements as deemed necessary by the city, including all applicable requirements of the engineering design standards Approval criteria. (1) Binding site plans shall be approved upon showing compliance with the following: (a) Applicable city, state, and federal zoning, land use, environmental, and health regulations, policies or plans, including but not limited to: (i) (ii) (iii) Port Orchard Comprehensive Plan; POMC Title 20, Land Use and Development Regulations; and City-adopted engineering design standards. (b) The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for students who walk to and from school; 31

32 (c) The probable significant adverse environmental impacts of the proposed binding site plan, together with any practical means of mitigating adverse impacts, shall be considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Title 20 POMC, Subtitle VI, Environmental Regulations, and chapter 43.21C RCW; (d) Approving the proposed binding site plan will serve the public use and interest and adequate provision shall be made for the public health, safety, and general welfare. (2) Notwithstanding conformance with the criteria provided in subsection (1) herein, a proposed binding site plan may be denied because of flood, inundation, or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter POMC and Chapter RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the binding site plan unless it imposes a condition requiring the applicant to comply with chapter POMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved Review process; preliminary approval. (1) Process Type. General and final binding site plans are Type II applications; such applications shall be processed in accordance with procedures set forth for said decision type in chapter POMC. (2) Additional Review. The Director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, and the Washington State Department of Transportation if the proposal is adjacent to a state highway. (3) Decision; Written Findings. Based upon comments from city departments and applicable agencies, and other information, the Director shall review the proposal subject to the criteria of POMC and either approve, approve with conditions, or deny a binding site plan. A proposed binding site plan shall only be approved when consistent with all provisions of POMC The director shall make written findings and conclusions documenting compliance with all approval criteria of POMC The decision of the director shall be final. (4) Preliminary Approval. A binding site plan shall be granted preliminary approval, only, until all improvements are installed, or the city has received adequate guarantees or assurances of future installation of improvements pursuant to the city s engineering design standards, prior to expiration of the preliminary plat pursuant to POMC Preliminary binding site plan expiration. (1) A preliminary binding site plan shall remain valid if construction is commenced within five (5) years from the date of preliminary approval (by securing a building permit and construction has commenced), or else the preliminary binding site plan shall become null and void, unless an extension has been granted by the city council pursuant to subsection (2) herein. Projects may be 32

33 built in phases if preapproved by the director. (2) The city council by motion may, upon a written request being filed at least thirty (30) calendar days prior to expiration and for good cause, grant a one-time extension of a preliminary binding site plan not to exceed one (1) year Final binding site plan approval; recording; legal effect. Upon satisfying all conditions of approval, if any, and satisfying all requirements of the city s engineering design standards for the installation of all improvements, the director shall administratively approve the final binding site plan for recording with the Kitsap County assessor, pursuant to the requirements of this section. (1) For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Kitsap County assessor of the condominium CC&Rs. (2) The final binding site plan shall: (a) conform with all requirements of POMC 20.90, Final Plat, as applicable; (b) set forth limitations and conditions, including irrevocable dedications of property, and contain a provision that any development of the site shall be in conformity with the final binding site plan; and (c) contain any and all additional information as set forth in an official submittal checklist signed by the director. (3) Prior to recording, the approved final binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor. (4) Lots, parcels, or tracts created and recorded through the binding site plan procedure of this chapter shall be legal lots of record. 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 final binding site plan. (5) No person shall sell, transfer, or lease any lot, tract, or parcel created pursuant to the final binding site plan that does not conform to the requirements of the final binding site plan Alterations. (1) Any alteration of an approved preliminary or final binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter. (2) Changes to a building permit, subdivision, short subdivision, or other applicable land use permit within an approved preliminary or final binding site plan area shall also require an alteration of the binding site plan to correspond with said changes, unless the director determines that such changes are consistent with the approved binding site plan. 33

34 Vacations. (1) Vacation of a final binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules, and conditions as required for a new binding site plan application as set forth in this chapter. If a portion of a final binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan. (2) If a building permit, or other applicable land use permit, within a final binding site plan area expires, then the final binding site plan shall be vacated unless the director determines that the expiration is consistent with the approved final binding site plan Violation. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to an approved binding site plan that does not conform to the requirements of the binding site plan or without receiving binding site plan approval shall be considered a violation of chapter RCW and shall be restrained by injunctive action and be illegal as provided in chapter RCW. 34

35 CHAPTER VACATION AND ALTERATION OF FINAL PLATS Sections: Purpose Applicability Decision type Plat alteration Application requirements Application requirements Additional notice of public hearing Criteria for Approval Time Limitation for Final Decision Recording Purpose. The purpose of this chapter is to regulate and allow vacation or alteration of approved final plats and approved final binding site plans. It does not allow modification or revision of preliminary plats or preliminary binding site plans. The procedure for vacation of plats does not apply to the vacation or alteration of any plat of state-granted tide or shore lands Applicability. This chapter shall apply to all requests to alter or vacate subdivisions, short subdivisions, or binding site plans. When an application under this chapter is submitted for the vacation of a plat or binding site plan together with a roads/streets, the procedure for vacation in this chapter shall be used, except that vacations of streets subject to RCW may not be made under this procedure Decision type. A plat vacation or plat alteration is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in chapter POMC Application requirements Plat alteration. The following materials shall be submitted to the City for a complete application for the alteration of a final short subdivision, long subdivision, or binding site plan: (1) Date, name, address and telephone number of the applicant and/or property owner; (2) The reason(s) for the proposed alteration; (3) Signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions in the subdivision proposed to be altered; 35

36 (4) If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision or binding site plan, and the application for the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or binding site plan; (5) A copy of the proposed plat sought to be altered, together with all plat amendments recorded; (6) Mailing labels for all owners of property within the plat boundaries; (7) A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the name of the owner(s) signing the application; and (8) If the alteration is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the alteration will not violate the terms of subdivision or binding site plan approval or this chapter Application requirements Plat vacation. The following materials shall be submitted to the City for a complete subdivision vacation application: (1) Date, name, address and telephone number of the applicant and/or property owner; (2) The reason(s) for the proposed vacation; (3) Signatures of all parties having an ownership interest in the subdivision or that portion of the subdivision proposed to be vacated; (4) If the subdivision or binding site plan is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for the vacation would result in the violation of a covenant, the application shall include an agreement signed by all parties subject to the covenants, which provides that the parties agree to terminate or alter the restrictive covenants to accomplish the purpose of the vacation of the subdivision or portion thereof; (5) Acknowledgement that if any street is included in the application for a vacation, that the applicant shall be required to pay the amount contemplated in RCW , if the vacation is granted; (6) A copy of the approved plat or binding site plan sought to be vacated, together with all plat or binding site plan amendments recorded since the date of the original approval; (7) Mailing labels for all owners of property within the plat boundaries; (8) A recent title report (no more than 30 days old) for each property affected by the vacation, confirming that the title of the lands as described and shown in the proposed vacation area is in the 36

37 name of the owner(s) signing the application; and (9) If the vacation is for a portion of the subdivision or binding site plan, the applicant must demonstrate that the partial vacation will not violate the terms of subdivision or binding site plan approval or this chapter Additional notice of public hearing. In addition to the notice provided above, the City shall provide notice of an application for vacation or alteration to all owners of property within the subdivision (excluding the owners of property submitting the application), as provided for in Subtitle II of this Title, and as provided for in RCW and The notice shall establish the date of the public hearing Criteria for Approval. (1) Vacation Criteria. The plat or binding site plan vacation may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the vacation. (2) Dedications and Easements. If any portion of the land contained in the subdivision or binding site plan was dedicated to the public for public use and benefit, such land, if not already deeded to the City, shall be deeded to the City as a condition of approval, unless the City decision-maker shall make findings that the public use would not be served in retaining title to those lands. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat, binding site plan or other document creating the dedicated easement provides or an alternative method or methods to extinguish or alter the easement. (3) Street Vacations. When the vacation application is specifically for vacation of a City street, the City s street vacation procedures (and/or the procedures in chapter RCW) shall be utilized. When the procedure is for the vacation of a plat or binding site plan together with the streets, the vacation procedure in this chapter shall be used, but vacation of streets may not be made that are prohibited under RCW or the City s street vacation ordinance. (4) Title to Vacated Property. Title to the vacated property shall vest with the rightful owner as shown on the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person(s) owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated with contained wholly within the subdivision or binding site plan and is part of the boundary of the subdivision or binding site plan, title to the vacated road or street shall vest with the owner(s) of property contained within the vacated subdivision or binding site plan. (5) Alteration Criteria. The alteration may be approved, approved with conditions, or denied after a written determination, with findings and conclusions, is made whether the public use and interest will be served by the alteration. If any land within the alteration area is part of an assessment district, any 37

38 outstanding assessments shall be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties Time Limitation for Final Decision. A vacation or alteration application shall be approved, approved with conditions or denied within one hundred-twenty (120) days after the application has been determined to be complete pursuant to Chapter POMC, unless the applicant consents in writing to an extension of such time period Recording. After approval of the alteration or vacation, the City shall order the applicant to produce a revised drawing of the approved alteration or vacation of the short plat, final plat or binding site plan. The Council shall authorize the Mayor to sign the approved short plat or final plat, and then the City shall file it with the County auditor at the applicant s cost, to become the lawful plat of the property (or to vacate the previously approved plat). The Director shall sign the approved binding site plan and arrange for filing with the county auditor at the applicant s cost. 38

39 CHAPTER IMPROVEMENTS Sections: Purpose Completion of public facilities and improvements Bonds Temporary improvements Cost of improvements Inspection and acceptance of improvements Purpose. The purpose of this chapter is: (1) To require the subdivider s submission of construction plans for development of the subdivision to the City for review and approval of specific construction details for all Public Facilities; (2) To ensure that the Public Facilities required as part of approvals granted under this Subtitle are built according to City standards; (3) To address bonds between the City and property owners/subdividers, allowing a limited deferral for the construction of Public Facilities associated with the approval; and (4) To ensure that the required Public Facilities and public utilities are ready and available for use when needed by the users of the subdivision Completion of public facilities and improvements. No short plat can be recorded or a final plat of a subdivision or final binding site plan approved, until all of the Public Facilities and other improvements as specified in the short plat, preliminary plat, or preliminary binding site plan are constructed in a satisfactory manner and approved by the responsible departments. As an alternative to such construction, the applicant may post a bond, or execute a development agreement, with appropriate security in order to record the short plat or obtain approval of the final plat or binding site plan Bonds. (1) Performance Bond May Be Posted in Lieu of Construction. The City, in its sole discretion, may waive the requirement that the Public Facilities or other improvements and dedications required under this Chapter be completed/satisfied prior to the recording of the short plat or approval of the final plat or final binding site plan, as long as the applicant posts a bond in accordance with this Section. The City s decision to allow the applicant to post a bond allows the applicant to apply for building 39

40 permits for lots in the plat or binding site plan before the dedications have been made or the improvements constructed. (2) When Performance Bond is Appropriate. The City may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to: (a) The date of the applicant s request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat or final binding site plan applications, and the applicant s progress to date toward the completion of the Public Facilities; (b) The consequences that could result from the applicant s construction of the homes or other development contemplated by the proposed approval, before the necessary Public Facilities are completed/installed; and (c) Any other issues that may affect the public health and safety. (3) Acceptable Bonds. No bond shall be accepted by the City unless it is submitted on the form approved in advance by the City Attorney and from a bonding company licensed to do business in the State of Washington. The City Engineer shall determine the amount of the bond, which shall be no less than one hundred fifty percent (150%) of the estimated cost of the Public Facilities or improvements. The City Engineer shall make a recommendation as to the length of the bond, which shall be no longer than two (2) years after the final approval. (4) Warranty Bond. Once the Public Facilities have been constructed, the dedications made and City has inspected and approved the Public Facilities, the applicant shall provide the City with a Warranty Bond meeting all the requirements of this Section to ensure the successful operation of the Public Facilities, for a period of two years after such inspection and approval Temporary improvements. The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in an amount established by the City Engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained, and timely removed Cost of improvements. All required Public Facilities and improvements shall be constructed by the applicant/property owner, at their sole expense, without reimbursement by the City, unless otherwise specified in the project permit approval or development agreement with the City. To the extent allowed by law, the City may form or cause to be formed a local improvement district or latecomers agreement for the construction and financing of the required Public Facilities, excluding onsite improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set aside) to construct the Public Facilities until complete or the City is satisfied that a subsequent guarantee will cover performance. 40

41 Inspection and acceptance of improvements. (1) General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the City Engineer finds that one or more of the required Public Facilities or other improvements have not been satisfactorily constructed in accordance with the approved plans and specifications or other applicable standards or regulations, the subdivider/property owner shall be responsible for any corrections and completion of the improvements. (2) Release of Security. The City will not accept dedication of required Public Facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider, until the City Engineer has submitted a certificate stating: (a) that all required Public Facilities or other improvements have been satisfactorily completed; and (b) the subdivider s engineer or surveyor has certified to the City Engineer, through the submission of a detailed as built survey plat of the subdivision, indicating location, dimensions, materials and other information required by the City s public works standards, that the layout of the line and grade of all transportation facilities, Public Facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan. (3) City s Acceptance and Dedications. Upon the recommendation for approval of the City Engineer, the City Council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose; the approval of a final plat, absent such resolution or ordinance, shall not be deemed to constitute or imply acceptance by the City of any street, easement, park, or other improvement on the plat. (4) Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required Public Facilities until the dedication of same is formally accepted by the City. Following the acceptance of the Public Facilities, the subdivider shall provide a warranty bond or other security to the City as required by this Chapter. (5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by the City for the construction of Public Facilities or other improvements in a short plat, final plat, or final binding site plan, the City shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the City. The City Engineer may authorize the issuance of up to fifty (50) percent of the building permits for the lots in the subdivision if: (a) the applicant is not in default of the Subdivision Improvement Agreement; and 41

42 (b) the applicant has constructed and the City has inspected/accepted the Public Facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. 42

43 Chapter DEVELOPMENT STANDARDS DESIGN GUIDELINES Sections: Purpose Block and lot layouts Roadway elements Site plan elements Streetscape elements Commercial and mixed-use design guidelinesarchitectural elements Single-family and duplex design guidelines Residential wall and fence design guidelines Purpose. (1) The purpose of this sectionchapter is to ensure that developments are compact, pedestrian-friendly, provide necessary infrastructure and services, and contribute to the character of the town and surrounding neighborhoods, improve the quality of development by providing building and site design standards that: (a) Reduce the visual impact of large residential buildings from adjacent streets and properties; (b) Enhance the aesthetic character of large residential buildings; (c) Contain sufficient flexibility of standards to encourage creative and innovative site and building design; (d) Meet the on-site recreation needs of project residents; (e) Enhance aesthetics and environmental protection through site design; and (f) Allow for continued or adaptive re-use of historic resources while preserving their historic and architectural integrity. (2) These guidelines do not alter the land uses or densities allowed in the underlying zoning districts defined in this code. Projects shall comply with all relevant criteria set forth in this chapter Block and lot layouts. (1) Blocks should have sufficient width to provide for a maximum of two tiers of lots of appropriate depths. Exceptions should be permitted in blocks adjacent to major streets, railroads, waterways, or involving unique site conditions that make this requirement impractical. 43

44 (2) Lots to be created within a proposed site plan or subdivision should comply with the following requirements: (a) Every lot should have a minimum frontage of 25 feet on a public or privately dedicated right-of-way. A repair and maintenance access should be provided to all lots by site plan or plat easement and property deed. Required easements shall be shown on the face of the site plan or plat. (b) Lot lines should be at right angles to street lines or radial to curvilinear streets unless a variation will result in a better street or lot plan. (c) Dimensions of corner lots should be large enough to allow for front yard setbacks off both streets. (d) Corner lots should be graded to provide sufficient sight clearance at intersections Roadway elements. (1) Right-of-Way Dedications. (a) All site plans and subdivisions should provide direct access to at least one existing improved and publicly dedicated street. (b) When a proposed site plan or subdivision is abutting an existing street or streets with a right-of-way of lesser width than specified by city code, the applicant may be required as a condition of approval to deed additional right-of-way width and to improve said right-of-way to the design specifications of the city engineer. The city may require dedication of right-of-way in excess of standards in the following cases: (i) Where additional width is necessary to maintain continuity with the adjoining rights-of-way; and (ii) Where additional width is necessary to maintain alignment with adjoining streets and sidewalks improvements. (iii) Dead-end streets shall be used on access streets only and shall terminate in a cul-de-sac. Streets which dead-end and which would normally be continued if the adjacent property were developed should be shown as temporary turnarounds. The land beyond the normal right-of-way for such streets shall revert to the abutting property owners when the street is continued. (c) Half-streets shall not be allowed. (2) Street Layouts. (a) The street within and adjacent to a site plan or subdivision should be classified and designed to comply with the road standards as adopted by city resolution or ordinance, comprehensive plan and major street map of the city. Major streets should refer to designated arterial and collector streets and minor streets should refer to access streets and cul-de-sacs. 44

45 (b) Proposed streets should extend to the boundary lines of the proposed site plan or subdivision in order to provide for the future development of adjacent tracts unless prevented by natural or manmade conditions or unless such extension is determined to be unnecessary or undesirable by the planning commission or city council. (c) The street pattern for commercial site plans and subdivisions should be designed to expedite traffic movement, reduce conflicts between various types of land uses including pedestrian access, and coordinate the location of proposed buildings with vehicular loading and parking facilities. To the extent practical and feasible, commercial site plans should provide common driveways and integral access through or between the property and adjacent properties and surrounding residential neighborhoods. (d) The street pattern for industrial site plans and subdivisions should be designed to expedite traffic movement, reduce conflicts between various types of land uses including pedestrian access, and coordinate the location of proposed buildings with airport, railroad, waterfront, and vehicular loading and parking facilities. (3) Street Signage. Public street names shall conform to the city of Port Orchard system. Street signs shall be installed as designated by the city engineer before final site plan or plat approval Site plan elements. (1) Grading and Storm Drainage. (a) Structures, roadways, and other site improvements should be designed to blend with the natural topography with the minimum amount of site disturbance and grade changes. Large cuts and fills requiring tall or long retaining walls or rockeries are not appropriate. (b) Major drainage corridors and detention facilities should be graded and landscaped to blend with the natural landscape in accordance with the provisions of Chapter POMC. Where possible, stormwater facilities should be incorporated into the site s design as aesthetic amenities, enhanced portions of walkway or trail corridors, and/or special visual accents. (c) Where retention/detention ponds are highly visible or used as a design feature, water levels within the pond should be maintained during the dry season for visual accent purposes. (2) Landforms and View Sheds. (a) Buildings should be fit into the existing topography to appear to be an integral part of the natural landform. On sloping sites, buildings should be stepped into the slope to reflect the sloping grade. (b) Buildings should be placed to preserve and frame views of natural features including the waterfront and mountain ranges, and significant townscapes including the downtown and significant architectural landmarks from other properties within the surrounding view shed. (3) Parking Lots and Areas. 45

46 (a) Parking areas or lots should be located along the side, rear or in courtyard configurations to retain a building frontage along road corridors and control the scale of the streetscape. (b) Parking lot aisles should be aligned perpendicular to commercial, retail, and office building entries to provide protected walking spaces and visual focus on building entrances. (c) Where feasible, parking lots should be varied in grade, bermed, and/or differentiated with planting materials to reduce the visible extent of paved surfaces. (d) Parking structures should be integrated into surrounding buildings or streetscapes using facades, artworks, landscaping, or other means that visually filter the view of parked cars from pedestrian walkways and trails, adjacent building occupants, and the commercial roadway. (e) Downtown streets will be reserved for short-term, customer oriented parking spaces, particularly during off-peak traffic hours and prime retail hours and events. Where possible and practical, loading activities should be accomplished from a side street or back property location to reserve through access streets for customer parking use Streetscape elements. (1) Walkways and Trails. (a) Buildings should front onto walkways or trails to be developed within each district in accordance with the nonmotorized transportation element of the comprehensive plan. (b) The walkways or trails should be incorporated into the site development as the principal, publicly accessible pedestrian space and design focus of the development and between the development and adjacent properties and surrounding residential neighborhoods. (c) The walkways or trails should integrally connect each development, particularly retail and commercial projects, with adjacent properties and residential neighborhoods. (d) The walkways or trails should extend through parking lots and parking areas in separated medians or other placements that protect pedestrians from vehicular traffic. (2) Walkway and Trail Corridor Zones. A minimum width of five feet of any walkway or trail corridor will be clear of any temporary furnishings in order to accommodate pedestrians. The periphery sections of the corridors, which may be combined on one side, may be used to display advertising signage, flower pots or other moveable plantings, and/or outdoor seating areas on a temporary, special event basis. (3) Building Entry and Access. (a) Building entry and access shall be provided within the private property beyond the public walkway or trail corridor. 46

47 (b) Vestibules and other recessed areaways should be used to define and provide pedestrian access apart from the public walkway space. Vestibules and recessed areaways should visually alert pedestrians within the public walkway or trail corridor and be sufficiently attractive to invite visual interest. (4) Outdoor Activities. (a) As an amenity, ground floor outdoor spaces such as plazas, squares, eating, seating areas, and/or retail alcoves and inner courtyard spaces or greens should be provided as integral parts of the development. (b) The ground floor outdoor spaces should adjoin and be accessible from, and may occasionally spill over into, the public walkway or trail corridor space but may not include permanent improvements or uses of the public walkway or trail corridor space. (5) Streetscape Furnishings. (a) Improvements to the public walkway or trail corridor spaces may utilize the public streetscape furnishings palette selected for the corridor. (b) Improvements to the adjoining private spaces should incorporate or continue the materials, colors, and/or styles of the public furnishings palette in order to provide design continuity. (c) Where appropriate, project developments should provide pedestrian scaled lighting fixtures to illuminate walkways, trails, parking areas, and other people spaces. Lighting shields should direct illumination onto pedestrian spaces and away from adjacent properties or uses. Generally, freestanding fixtures should not exceed 14 feet in height. (6) Public Artworks. (a) Building and property developments should incorporate outdoor artwork. (b) Artwork may be permanently incorporated into functional areas that are accessible to the public including parking lots, accessory buildings and structures, as well as building entries. (c) Where the building or site is of historical or cultural interest, interpretive signage and other exhibits or monuments should be incorporated into building or site improvements that are physically and visually accessible to the public Commercial and Mixed-Use Design GuidelinesArchitectural elements. (1) Building Frontages. (a) Buildings that face onto commercial parking streets and/or public walkway and trail corridors should be built to front onto the pedestrian space or activity area to create continuous frontages of interest to the corridor. 47

48 (b) Buildings may abut or share common sidewalls subject to International Building Code (IBC), fire code and emergency access requirements. (2) Building Heights. Building elevations facing public areas should incorporate offsets, modulations, and additional setbacks above the second story to reduce massing at the pedestrian scale. The purpose of this is to prevent imposing or tunnel-like effects and to visually break up long, continuous facades. It also encourages more aesthetically pleasing architecture. (3) Modulation and Articulation. (a) Building elevations should be horizontally modulated in no larger than 40- to 60-foot increments to create architectural relief and interest. (b) Vestibules, entries, and other architectural adaptations should provide further visual definition and reduce the mass of larger commercial and industrial structures. (c) Residential buildings should provide architectural details that create pedestrian scale and interest, such as porches, stoops, bay windows and dormers, and window and siding trim. (4) Building Entries. (a) Building entrances should be visually defined from access walkways, fronting streets, and parking areas. Building designs may use columns, arches, porches, recesses, or other concepts to create architectural focus and interest. (b) The principal building entrance should be accessed from major walkways or trail corridors or other pedestrian ways, or otherwise address the street, opposed to the building s parking lots and access roads. (5) Ground Floor Activities Mixed Use Developments. (a) First or ground floors should be devoted to retail, commercial or a similar public use with pedestrian appeal where the building fronts onto a commercial street or the public pedestrian walkway or trail corridor. Activities that serve the elderly or handicapped may be located or accessed from the ground floor or street level of proposed developments. (b) Upper floors may be commercial or office where the building has a double frontage, but generally should be residential where the building is not publicly accessible. (c) The first or ground floor should be at least 12 feet and preferably 14 feet in height where the ground floor use is retail or commercial, and the building fronts onto a commercial street or the public pedestrian walkway or trail corridors. (d) Upper floors may be 10, 12 or 14 feet in height depending on occupant uses and exterior appearances. 48

49 (6) Upper Floor Balconies, Alcoves, Decks. Upper floors should incorporate balconies, alcoves, decks or other outdoor spaces to provide an amenity and increase visual definition to the building particularly of the building frontages that face onto commercial streets and the public pedestrian walkway or trail corridors. (7) Awnings and Canopies. (a) As an amenity, commercial or retail developments may provide permanent or retractable awnings, overhangs, arcades or skylights sheltering pedestrians and shoppers from the elements where the public walkway or trail corridor traverses through the site. (b) The design of awnings and canopies should provide natural lighting and openness and continuous protection from the elements but not overly obscure or shadow the walkway or trail corridor. (c) Awnings or canopies should be hung above the display window space at least 10 to 14 feet above the public walkway with a minimum eight-foot vertical clearance. (d) Structural supports for awnings or canopies will be provided from the building or adjacent private property. Such awnings or canopies may be supported by posts or columns within the public walkway or trail corridor with variance approval. (8) Display Windows. (a) Ground floor retail and commercial spaces along the public walkway or trail corridors should provide display window space to showcase commercial, retail or other public uses and wares in a storefront style typical of main street or marketplace architecture. Window space coverings should be translucent materials to provide pedestrians views into ground floor spaces and activities. (b) The corners of buildings that are located at the intersections on commercial streets and principal public walkway or trail corridors should provide some form of visual interest such as window displays, artwork or signage. (9) Signage. (a) Building advertising signs may be hung from below the awnings perpendicular to the building (but no lower than a height eight feet above the walkway at the bottom of the sign), or on the face of the awning or canopy, or in the window of the retail establishment in a style and scale common of main street or marketplace architecture. (b) Signs may be mounted on the face of the building, provided the advertising does not detract or overpower the building architecture and scale. (c) Signs should incorporate graphics, colors, logos, and other elements as much as possible to provide visual interest and reduce word clutter. 49

50 (d) Within mixed use districts outside of the downtown overlay district (DOD), signs may be mounted on the face of the building, provided the advertising does not detract or overpower the building architecture and scale, and reflects the building s elevational modulations. (10) Accessory Buildings. Independent parking structures, storage buildings or other accessory enclosures should be designed to complement the principal, adjacent buildings in form, detail, color, and material. Generally, accessory buildings and structures should be designed with similar or complementary roof slopes and building materials as the primary structure. (11) Rooftop Equipment. Roof-mounted mechanical equipment and other accessories that are not to be accessed or viewed from adjacent properties or public corridors should be screened and integrated into the building structure and shell. (12) Solar Orientations. Building designs, particularly within new developments, should be located to maximize the use of passive solar potentials. Where possible, major window areas and outdoor activities should be oriented along the south-facing facades and yards Single-family residential and duplex design guidelines. (1) Applicability. The standards in this chapter shall apply to detached single-family uses, accessory dwelling units, and duplexes in any zone they are built within. (2) Detached single-family uses. (a) Garage Placement and Design. 1. Where lots front on a public street and where vehicular access is from the street, garages or carports shall be set back at least five feet behind the front wall of the house or front edge of an unenclosed porch. Exceptions: a. Garages may project up to six feet closer to the street than the front wall of the house or front edge of an unenclosed porch provided it is set back at least 18 feet from the street and incorporates at least two of the design/detail features below. Garages placed flush with the front wall of the house shall incorporate at least one of the design/detail features below: i. A decorative trellis or arbor over the entire garage face, above and surrounding the garage door. ii. A balcony that extends out over the garage and includes columns. iii. Two separate doors for two car garages instead of one large door. iv. Decorative windows on the garage door. v. Decorative details on the garage door. Standard squares on a garage door will not qualify as a decorative detail. vi. A garage door color (other than white) that matches or complements the color of the house. 50

51 vii. Other design techniques that effectively deemphasize the garage, as determined by the director. b. Garages may be placed closer to the street than the front wall of the house or front edge of an unenclosed porch, provided the garage door faces an interior lot line and features a window facing the street, so that it appears to be habitable. 2. The garage face shall occupy no more than 50 percent of the ground-level facade facing the street. 32. Where lots abut an alley, the garage or off-street parking area shall take access from the alley, unless precluded by steep topography. This requirement shall not apply to unopened alleys. Figure 1. Garage placement/frontage standards and design. Figure 2. Garage design/detail examples. 51

52 (b) Vehicular Access and Driveway Standards. All lots with alleys shall take vehicular access from the alley. Standards for all other lots without alleys: 1. No more than one driveway per dwelling unit (not including accessory dwelling units) shall be permitted on each street or alley frontage. 2. Driveways for individual lots 50 feet or wider may be up to 20 feet in width. If a home will have a garage with three or more vehicle bays, the driveway may be up to 28 feet in width. 3. Driveways for individual lots less than 50 feet wide may be up to feet in width. Tandem parking configurations may be used to accommodate two-car garages. Garages with more than two vehicle bays are not permitted on lots less than 50 feet wide except in tandem configurations. 4. Shared driveways between two adjacent lots are permitted. No shared driveway shall exceed 24 feet in width for adjacent lots that are each less than 50 feet wide. When one or both lots are 50 feet or more in width, a shared driveway may be up to 30 feet wide. 5. Driveways shall be a minimum of 18 feet in length from the sidewalk (property line if no sidewalk is present) to the garage door or wall of the structure. (3) Building Design. (a) Covered Entry. 1. Front doors (excluding garage doors) should be protected by a deep recess, porch or other covered element. 2. The front doors shall be designed as a focal point on the front elevation. All houses shall provide a covered entry with a minimum dimension of four feet by six feet. Porches up to 200 square feet in size may project into the required front yard by up to six feet. See Figure 1 for an example. (b) Windows and Transparency. 1. Transparent windows and/or doors facing the street are required. To meet this requirement, at least 10 percent of the facade must be transparent. The facade is measured from the base of the house to the start of the roofline and any other vertical walls facing the street, except for gabled portions of the facade not containing livable floor area (see Figure 4 for clarification). Garages facing the street shall count as part of the facade. 52

53 Figure 3. Facade transparency. 2. Building facades visible from a public street shall employ techniques to recess or project individual windows above the ground floor at least two inches from the facade or incorporate window trim at least four inches in width that features color that contrasts with the base building color. Exceptions will be considered where buildings employ other distinctive window or facade treatment that adds depth and visual interest to the building. Figure 4. Acceptable (left and middle) and unacceptable (right) window design. (c) Architectural Details. Provide for architectural details that add visual interest to the neighborhood and are well proportioned to achieve good human scale. Specifically, incorporate at least three of the following detail elements into the facade of the house: 1. Decorative porch design, including decorative columns or railings. 2. Bay windows or balconies. 3. Decorative molding/framing details around all ground floor windows and doors. 53

54 4. Decorative door design including transom and/or side lights or other distinctive feature. 5. Decorative roofline elements including brackets, multiple dormers, and chimneys. 6. Decorative building materials, including decorative masonry, shingle, brick, tile, stone, or other materials with decorative or textural qualities. 7. Landscaped trellises or other decorative elements that incorporate landscaping near the building entry. 8. Distinctive paint schemes. 9. Exceptions: Other decorative facade elements or details that meet the intent and standards as determined by the director. Figure 5. Examples of how houses can meet architectural detail criteria. Image A includes decorative windows, building material treatment, and roofline elements. Image B includes decorative brick use, window treatments, entry design, and ventilation circles. Image C includes decorative building materials, door/entry feature, windows, and roofline elements. (d) Architectural Variety. Developments shall achieve architectural variety by accommodating a variety of architectural styles, variations of the same architectural style, and through the use of multiple design elements. Specifically: 1. Duplicative house designs adjacent to each other are prohibited. Simple reverse configurations of the same house design on adjacent lots are not sufficient to meet architectural variety goals. Exceptions may be granted by the director in special circumstances where similar architectural consistency provides a distinct character for a cluster of homes surrounding an open space or on a particular street (cottage homes around a common open space are an example). 2. Generally, the more houses in a subdivision, the greater the number of different facade elevations will be required. Specifically: a. Ten to 19 homes, a minimum of four different facade elevations shall be used. 54

55 b. Twenty to 39 homes, a minimum of five different facade elevations shall be used. c. Forty to 69 homes, a minimum of six different facade elevations shall be used. d. Seventy or more homes, a minimum of seven different facade elevations shall be used. Figure 6. Examples of homes featuring different facade elevations. Notice the different rooflines, entry features, window designs/locations, exterior materials, and colors. 3. In order to qualify as a different facade elevation, dwellings shall have different roofline configurations, different color palettes, and different porch/entry design. In addition, a minimum of two of the following alternatives shall be utilized: a. Different window openings (location and design). b. One and two story houses. c. Different exterior materials and finishes. d. Different garage location, configuration, and design. 4. Exceptions: Other different design element that helps to distinguish one facade elevation from another as determined by the planning director. (e) Exterior Materials. 1. Traditional materials consistent with local and regional architectural styles are encouraged (including, but not limited to, horizontal wood siding and brick). 2. Stucco and other troweled finishes should be trimmed in masonry or wood. 3. Mirrored glass and exposed concrete block (except for foundation/crawl space walls where not visible from the street) are prohibited. Board form concrete is acceptable. 4. T-111 siding and other plywood types of siding (board and batten is an exception) shall not be used for facades adjacent to or directly viewable from a street or public place. (f) Roof Design. 55

56 A variety of articulated roof forms shall be provided for each individual home that emphasize building form to create visual interest to the neighborhood and to avoid a monotonous series of rooflines. Roof should exhibit variety between different plans by using front-to-rear and side-to-side gabled and hipped roofs, and/or by the introduction of single-story elements. Roof materials, colors and treatments should correspond to the individual character or style of the home and should be compatible with the overall look of the neighborhood. Provide pitched or articulated roof line, or other roof element such as eyebrow roof forms or dormers that emphasize building form and help it to fit in with neighboring structures with prominent roofs. Simple hip, shed or gable configurations are preferred. The use of alternating dormers, stepped roofs, gables or other roof elements can be used to add visual relief and articulation to the overall building form. All buildings with pitched roofs shall have a minimum slope of four (4) feet vertical rise for every twelve (12) feet of horizontal run on the primary roof of the building. A continuous pitched roof shall extend no more than 35 linear feet unless it contains roof elements. Roof elements may include at least one of the following: Dormers Cupolas Gable or hip projection Hipped roofs or similar construction are encouraged alongside yards in neighborhoods with closelyadjacent homes to maximize solar access to neighboring homes and/or private open space, as shown below. Figure 7. Encourage rooflines along the side yard that maximize solar access to adjacent homes and/or private open space. (g) Accessory Buildings. 56

57 Accessory buildings (including detached garages) with more than 200 square feet of floor area shall be designed to be compatible with the house in scale, size, materials, detailing, and roofline, as determined by the director. Accessory buildings of any size that have more than one story (such as a loft, mezzanine or attic space), and accessory buildings that will be located within a required fire separation according to the IRC, may require a building permit. (3) Duplexes. Duplexes should be designed similar in nature to single-family homes and shall feature a visible entry and windows facing the street. The visibility of driveways and garages shall be minimized. Specifically, duplexes shall comply with all detached single-family design standards in this section with the following exceptions and additional provisions: (a) For sites without alleys, duplexes may include a 20-foot-wide shared driveway or two 12-foot driveways on opposite ends of the lot. (b) Separate covered entries for each unit are required with a minimum dimension of four feet by six feet. Porches up to 200 square feet may project into the required front yard by up to six feet. (c) Duplexes on corner lots shall place pedestrian entries on opposite streets. (d) At least 10 percent of the street-facing facade shall be windows or other glazing (e.g., door glazing). 57

58 Figure 8. Duplex design standards Residential Wall and Fence Design Guidelines. (1) General Standards. The following standards shall apply to all residential development: (a) Fences over 6 feet in height, retaining walls that that are greater than 4 feet in height, or retaining walls of any height that support a surcharge, require a building permit and must satisfy all engineering design requirements. (b) Fences and walls shall either be finished (i.e. without exposed supports or stringers) on both sides, or else shall be installed so that the finished side faces any street. (c) Fences and walls shall follow the contour of the ground as far as practicable. Adjustments for grade shall occur at the bottom of the fence to every extent possible. 58

59 (d) Permanent fencing and walls shall not be erected which restricts access by emergency equipment to any building. (e) Solid fencing or wall sections more than 200 feet long located along a street shall include architectural features, such as masonry, brick or wood-framed columns for every 50 feet of length. The minimum separation between those features shall be no less than 10 feet. (f) Approved columns or posts may exceed the height of the fence by 1 foot and must meet all permit and setback requirements. (2) Fence Height The following standards shall apply to all residential development: (a) All fence heights shall be measured from the lowest finished grade at the location of the fence, wall or structure. (b) If a minimum linear distance of 10 feet separates a fence and retaining wall, a fence may be erected to a height of 6 feet above the highest finished grade. (c) All fences in the primary front yard of single-family, duplex and attached residential uses not exceed 4 feet in height and a minimum 50 percent open area. shall (d) All fences in the rear yard, side yard, non-primary front of single-family, duplex, attached residential, and multifamily uses may be solid and shall not exceed 6 feet in height. (See Figure 11) (e) Fences in the front yard for multifamily uses may be 6 feet in height and shall be 50 percent open. Fence in the front yard for multifamily uses may be solid at the discretion of the Director. (f) A combination fence and retaining wall may be erected to a height of 6 feet above the highest finished grade or 8 feet above the lowest finished grade, at the location of the fence, except that at no time shall the fence portion exceed 6 feet above the highest finished grade at any point (See Figure 11). (g) A retaining wall may not elevate a fence to any height more than allowed by this section. (h) An entry feature or trellis may have a maximum height of 10 feet and maximum width of 10 feet. (3) Fence and Wall Placement 59

60 The following standards shall apply to all residential development: (a) No portion of a fence shall extend beyond the property line of the fenced property into the public right-of-way unless allowed by a right of-way use permit. Figure 10 (b) All fences and walls including fence support systems such as posts, pillars and columns shall be set back at least to the property line and a minimum of 2 feet from the back edge of the sidewalk to allow for safe passage by persons on a sidewalk or traveled walkway or where no sidewalk exists then 2 feet behind the edge of asphalt. (c) Vehicular gates must be setback at a minimum 20 feet from the travel surface of the street or back of curb in order to meet vehicle stacking requirements. (d) Gates adjacent to sidewalks, alleys and public rights-of-way shall open inward to the private property. (e) A fence along common property lines maybe be placed at the furthest point forward of the adjacent property if the adjacent property allows for fence placement that differs from the neighbors. (f) All fence locations on through lots shall be reviewed and approved on a case-by-case basis by the Director. (g) Solid fences and walls may be erected to a height of 8 feet to separate a property from an arterial street or a frontage road adjacent to a highway. The Director shall consider the aesthetic, visual, and noise reduction characteristics of the fence or wall. (h) Where a corner lot is permitted to have a solid fence along a non-primary front property line that coincides with an adjacent property s primary front yard, no fence will be permitted that creates a site distance hazard for vehicles exiting that property or for pedestrians walking along a sidewalk or traveled walkway. (4) Fence and Wall Materials The following standards shall apply to all residential development: 60