Chapter 17.80 SUBDIVISIONS

Chapter 17.80
SUBDIVISIONS

Sections:

17.80.010 General provisions.

17.80.020 Construction and definitions.

17.80.030 Subdivisions.

17.80.040 Short plats.

17.80.050 Boundary line adjustment.

17.80.060 Binding site plan.

17.80.070 Design and improvement standards.

17.80.080 Public facility requirements.

17.80.090 Public facilities standard plans.

17.80.100 Public facilities development procedures.

17.80.110 Table of required information.

17.80.120 Variances – Generally.

17.80.130 Violations and enforcement.

17.80.140 Development filing fees.

17.80.150 Amendments.

17.80.010 General provisions.

(1) Title Reference. This chapter shall be known as the “subdivision ordinance.”

(2) Authority. This chapter is adopted pursuant to Chapter 58.17 RCW of subdivisions and short subdivisions and includes regulations for binding site plans and boundary line adjustments.

(3) Compliance Required. No division of land shall be made within the incorporated limits of the city of Clarkston, Washington, except in full compliance with the provisions of this chapter and Chapter 58.17 RCW as it now exists or is hereafter amended.

(4) Purpose. The controls as set forth in this chapter are enacted in the exercise of the police power of the city of Clarkston and are deemed necessary in order to:

(a) Accomplish the orderly development of land within the city through regulations and standards governing subdivisions, short subdivisions, boundary line adjustments, and binding site plans which include condominium developments;

(b) Promote the public health, safety and general welfare;

(d) Facilitate adequate provision for potable water supplies, sanitary wastes (sewerage), drainage ways, roads, streets, alleys and other public ways, transit stops, open spaces, parks and recreation areas, playgrounds, schools and school grounds, and other features that assure safe walking conditions for students who walk to and from school;

(e) Coordinate development with public facilities and services and provide standards for construction of new services;

(f) Provide for adequate and safe ingress and egress to and from property;

(g) Promote the conservation of energy and resources through energy efficient land use and design;

(h) Ensure that the general taxpaying public is not burdened with those developments that are more appropriately the responsibility of the original developer and safeguard the interests of the public, the developer and future property owners;

(i) Prevent overcrowding of land by providing adequate open spaces and balanced, attractive communities;

(j) Improve land records and boundary monumentation by requiring uniform monumenting of land subdivisions and conveyances by accurate legal description;

(k) Further the goals and objectives of the city of Clarkston Comprehensive Plan and all its elements; and

(l) Define requirements for short plats, subdivisions, and the layout and design requirements for each, provide for appeals, filing fees, variances, and processing plats, and establishing penalties for violations of this chapter.

(5) Scope. The provisions of this chapter shall be minimum requirements. Whenever any of these provisions are at variance with any of the requirements of any other lawfully adopted rules, regulations and ordinances, the most restrictive, or that imposing the higher standards shall apply.

(6) Exemptions. The provisions of this chapter shall not apply to:

(a) Cemeteries and other burial plots when used for that purpose;

(b) Division of land into lots or tracts not containing a dedication, in which the smallest lot created by the division is 40 acres in area, or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided, that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such centerline;

(d) A division made for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land in accordance with the city zoning ordinance, and when a binding site plan for the use of the land has been approved;

(e) A division not for the purpose of sale or lease in the present or future. For the purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose:

(i) Administrative segregations in the Asotin County assessor’s office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes;

(ii) Annexations and land vacations accomplished pursuant to and in accordance with all pertinent state and local rules and regulations governing the same;

(iii) Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area by public bodies for the purpose of future use as public highways or public utility ways; and

(iv) The sale or lease of a condominium apartment subject to the provisions of the Washington State Horizontal Regimes Act (Chapter 64.32 RCW).

(7) Administration – Interpretation. The administrative official shall have the responsibility of administering and interpreting all terms and provisions of this chapter. Formal interpretations shall be requested in writing on forms provided by the city clerk. Issuance of a formal interpretation shall be considered an administrative decision, with appeals to be made to the hearing examiner. If the appellant is still aggrieved then the hearing examiner’s decision may be appealed to the superior court. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.010.]

17.80.020 Construction and definitions.

(1) Construction of Terms. The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision:

(a) Tense. Words used in the present tense shall include the future tense.

(b) Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

(d) Gender. Terms in masculine, feminine and neuter gender shall be interchangeable. Use of genders shall not affect the intent of any provision.

(e) Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section, or paragraph of this chapter, and the content thereof, the said heading shall not affect the scope, meaning or intent of the content.

(f) The definition of any word or phrase not listed in this chapter shall be as defined from one of the following sources, which are incorporated herein by reference. Said sources shall be utilized by finding the desired definition from source one but if it is not available there, then source two may be used in descending order. The sources are as follows:

(i) Any city of Clarkston resolution, ordinance, code, or regulation; or

(ii) Any chapter of RCW Title 58, Boundaries and Plats (where applicable); or

(iii) The dictionary definition.

(2) Definitions. As used in this chapter, the following words and phrases shall mean:

“Access” means the right to cross between public and private property, allowing pedestrians and vehicles to enter and leave the property.

“Administrative official” means the city mayor or his designee.

“Alley” means a public right-of-way primarily designed to serve as a secondary means of access to the side or rear of those properties whose principal frontage is on some other street.

“Arterial” means a highway connecting centers and facilities within the city and providing some access to abutting properties. Mobility and circulation needs are stressed over providing specific access to properties.

“Arterial, principal” means a highway connecting major community centers and facilities, often constructed with partial limitations on access through intersections and common driveways. Principal arterials generally carry the highest volume of traffic and provide the best mobility in the roadway network.

“As-built drawings or plans” means revised construction plans in accordance with all approved field changes reflecting the improvements on the site as they actually exist.

“Binding site plan” as defined in RCW 58.17.020 means a drawing to a scale specified by local ordinance which: (a) identifies and shows the areas and location of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the Clarkston city council; (c) contains provisions making any development be in conformity with the site plan. For the purposes of this chapter, a “binding site plan” also means a survey together with a developer agreement which, when approved and recorded as required by this chapter, provides a method of land division for the purpose of sale or lease of property including condominiums.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

“Boundary line adjustment” means modification of the size or alignment of adjacent parcels through relocation of their common boundary where an additional lot is not created, and where the existing parcel, which is being reduced in size, is not reduced below the minimum lot size established by the zone that applies to the property.

“City” means the city of Clarkston, Asotin County, Washington.

“City engineer” means the public works director employed by the city and/or an engineering firm hired by the city.

“Comprehensive plan” means the city of Clarkston Comprehensive Plan Update adopted on June 28, 1999, together with all future amendments and supplements hereafter adopted by the Clarkston city council.

“Condominium” means a building or group of buildings, in which dwelling units are owned individually, and common areas and facilities are owned in common as provided by state statute.

“Contiguous land” means two or more parcels or units of land under a single ownership that are not separated by an intervening parcel of land under separate ownership, including limited access right-of-way which would deny access between two parcels under single ownership.

“Covenant” means a clause in a contract; a promise; an agreement contained in a deed for the performance or nonperformance of certain acts or the use or non-use of property.

“Cul-de-sac” means a street closed at one end by a circular area of sufficient size for convenient reversal of traffic movement.

“Dedication” means the deliberate appropriation of land by an owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a short plat or final plat showing the dedication thereon; and the acceptance of such plat for filing by the city council. “Dedication” means the appropriation of land by its owner for public use which has been accepted for such use by authorized officials on behalf of the public.

“Division of land” means a transaction or action, not otherwise exempt or provided for under the provisions of this chapter, which alters or affects the size, shape or legal description of any part of a parcel as defined in this chapter.

Double Frontage Lot. See definition of “Lot, through.”

“Easement” is a grant of one or more of the property rights by the property owner for use by the public, a corporation, or another person, government agency, public utility company or other entity.

“Easement, access” is any private easement for the purpose of ingress and egress (pedestrian or vehicular access) that is not dedicated to the public and is owned by the underlying owner of land over which it crosses. Access easements shall be limited to providing access to a street from no more than three existing or potential lots.

“Final plat” is a precise final drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all conditions of the preliminary approval and meets the requirements of the Asotin County auditor for recording.

“Improvements” means street grading or graveling, permanent street and corner monuments, street pavement, curbs and sidewalks, pedestrian ways, water mains, storm and sanitary sewers, and other required or necessary facilities.

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall also include tracts or parcels.

“Lot area” means the total horizontal area within the boundary lines of a lot, excluding any street right-of-way or access easement.

“Lot, corner” means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

“Lot coverage” means that portion of the lot that is covered by structures, and all other impervious surfaces on that parcel.

“Lot depth” means the mean horizontal distance between the front and rear lot lines.

“Lot, exterior” means any lot located outside the boundaries of a proposed plat or short plat.

“Lot, flag” means lots or parcels that the city has approved with less frontage on a public street then is required by ordinance. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Flag lots are only allowed as a means of encouraging infill development, preserving natural areas, or to allow the development of land-locked areas.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means any line enclosing the lot area and dividing one lot from another lot or from a street or alley.

“Lot line, front” is, on an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a flag lot, the interior lot line most parallel to and nearest the street from which the access is obtained.

“Lot line, rear” means a lot line opposite and most distant from the front lot line, and, in the case of a triangular or odd-shaped lot, a line at least 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.

“Lot line, side” means any lot boundary line which is not a front or rear lot line.

“Lot of record” means an area or parcel of land as shown on an officially recorded plat or subdivision; or an area or parcel of land to which a deed or contract is officially recorded as a unit of property; or which is described by metes and bounds as a fraction of a section.

“Lot, through” means a lot having frontage on two parallel or approximately parallel streets. Also known as double frontage lot.

“Lot width” is the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width.

“Manufactured home” means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction Safety Standards Act, which is a national preemptive building code. They are also built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

“Mobile home” is a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Homes Construction and Safety Standards Act.

“Modular home” is a prefabricated building that is not a “mobile home” under state law. It must be certified as meeting state building code standards (receiving a “gold seal”). Any factory built housing bearing the proper state insignia is deemed to comply with any local construction standards.

“Monument” means an object used to permanently mark a surveyed location. The size, shape and design of the monument are to be in accordance with standards specified in Chapter 58.09 RCW.

“Open space” means that portion of a site which is left in its natural state or specifically designated to be used for recreation, resource protection, agriculture, greenbelt or amenity. Open space does not include land occupied by structures, roads, road rights-of-way or parking areas. Open space does not include the yards or lots of residential units. Open space recreational uses may contain impervious surfaces.

“Pavement width” means the actual paved surface as measured between faces of curbs of streets or between the edges of other public highway, street, alley, or roadway surfaces.

“Person” means an individual, firm, partnership, corporation, company association, syndicate, or any other legal entity, including a trustee, receiver, assignee, or representative thereof.

“Plat” means a map or representation of a subdivision or short subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision or short subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision, which shall be the basis for the approval, or disapproval of the general layout of a subdivision.

“Prior division of land” means a division of land having defined boundaries and not shown on an officially recorded short plat or final plat, and is limited to the following: (a) a division of land defined in a legally executed deed prior to the effective date of this chapter; (b) a division of land created by sale, lease, or option contract legally executed prior to the effective date of Chapter 58.17 RCW which presently remains a binding and enforceable commitment as between parties thereto, their successors and assigns; (c) the remaining division of land created as a result of actions defined above; or (d) a taxation parcel which was created prior to the effective date of Chapter 58.17 RCW for the purpose of creating a division of land which was exempt from platting requirements. Taxation parcels which were administratively created by the Asotin County assessor’s office solely for tax purposes include: senior citizen segregations; special district segregations; deed of trust or mortgage segregations; and segregations for tax exemption purposes.

“Private road or lane” means any privately owned and maintained access to property from a public right-of-way.

“Right-of-way” means a strip of land occupied or intended to be occupied by a street, alley, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, alleys, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

“Short plat” means the map of representation of a short subdivision, which conforms to the requirements of this chapter.

“Solar access” means an unobstructed exposure to available solar radiation during daytime hours for the purpose of allowing solar radiation to be used to meet a portion of a building’s energy requirements.

“Street” means a public or private thoroughfare providing a principal means of access to abutting property.

“Street, arterial” means a street primarily for fast through and heavy traffic, minimizing intersecting streets and direct access to abutting properties and primarily for the purpose of accommodating general traffic circulation of the community. See “Arterial” and “Arterial, principal” for more specific classifications.

“Street, collector” means a highway connecting two or more neighborhoods as well as carrying traffic within neighborhoods. Collectors also channel traffic onto minor and principal arterials. They carry moderate traffic volumes, have relatively shorter trips than arterials, and carry very little through traffic.

“Street, half” means a portion of the width of a street, usually along the edge or boundary of a development, where the remaining portion of the street is to be provided by the development of adjacent property.

“Street, local access” means all roadways and streets not otherwise classified. Local access streets provide direct access to abutting properties, sometimes at the expense of traffic movement. Traffic generally moves slowly on these streets and delays are caused by turning vehicles. A residential street would be considered to be a local access street.

“Street, side” means a street which bounds a corner lot and which extends in the same general direction of the line determining the depth of the lot.

“Subdivider” means any person, firm or corporation who subdivides or develops any land deemed to be either a subdivision or short subdivision as herein defined.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purposes of sale, lease, or transfer of ownership.

“Subdivision administration committee” means the mayor and his appointees.

“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

“Title certificate” means a title report issued by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.

“Turnaround” is the circular area of a cul-de-sac having sufficient size for convenient reversal of traffic movement. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.020.]

17.80.030 Subdivisions.

(1) General Provisions.

(a) Applicability of Provisions. Every division of land for the purpose of sale, lease or transfer into five or more lots, parcels or tracts within the city shall proceed in compliance with CMC 17.80.010 through 17.80.130.

(b) Resubdivision of Platted Lots.

(i) The division of any lot within a recorded subdivision plat shall be replatted in accordance with the procedures for subdivisions as provided in this chapter.

(ii) Lot lines within an existing subdivision may be adjusted in accordance with the procedures of CMC 17.80.050, Boundary line adjustment, without replatting providing that no new or substandard lots are created.

(2) Preliminary Plat Procedures.

(a) Application Requirements.

(i) Preapplication Meeting. Prior to filing a preliminary plat application, the developer shall confer with the administrative official and submit a sketch of the proposed subdivision. The administrative official shall advise the developer as to procedure, conformity to ordinances and comprehensive plan policies applicable to the proposed development.

(ii) Application for Subdivision. Application for a preliminary plat approval shall consist of the following:

(A) A general application form, completed and signed by the property owner or his authorized agent;

(B) Five copies of the preliminary plat (as prepared by or under the supervision of a registered professional engineer or registered land surveyor), one reproducible copy and any supplemental material prepared in accordance with CMC 17.80.110, Table of required information;

(C) A title report verifying ownership of and encumbrances on the property as required by RCW 58.17.165 and including the names and addresses of all affected property owners within 300 feet of the subject property and all contiguous property under the ownership or control of the applicant;

(D) The application shall be accompanied by a nonrefundable application fee provided for preliminary plats as provided by resolution of the city council; and

(E) A completed SEPA environmental checklist if required, and prepared in accordance with Chapter 43.21C RCW (SEPA). A fee as provided by resolution of the city council shall accompany the checklist.

(3) Administrative Review.

(a) Review Procedure. The administrative official, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the preliminary plat application, shall distribute copies to the following affected agencies, such as, but not limited to the: Asotin County health district, Asotin County public utility district, Clarkston School District, Asotin County assessor, city engineer, etc., for review and comment.

(b) Technical Review. The administrative official, with the assistance of reviewing agencies, shall determine if the proposal conforms to the policies, standards and accepted design principles for the following:

(i) The comprehensive plan and zoning code;

(ii) Public facilities, including, but not limited to, adequate transportation facilities, stormwater, drainage, water supply, sewage disposal, streets, sidewalks, bicycle, pedestrian and non-motorized transportation, street lights, fire protection facilities, easements and utilities within and around the proposed subdivision;

(iii) The proposed lots have adequate means of ingress and egress in accordance with the provisions of this chapter; and

(iv) The public interest will be served by the subdivision and/or dedication.

(c) Staff Report and Recommendations. Based on the information provided by the applicant for the proposed preliminary plat and the technical and design analysis of the proposed subdivision provided by affected agencies, the administrative official may compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the preliminary plat.

(4) Hearing Notice.

(a) When a preliminary plat has been submitted to the city, the city clerk shall establish the date and time for a public hearing before the planning commission.

(b) The costs of publishing the hearing notice and/or notice of application, generating mailing labels and mailing of notices shall be provided for by the applicant.

(c) The notice of the public hearing, stating the time, place and purpose for which the hearing is held, shall be published not less than 15 days prior to the hearing, in a newspaper of general circulation within the city. The notice of public hearing shall also be mailed by the city, at least 15 days prior to the date of the hearing, to the owners of all properties located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the State Department of Transportation (DOT) in accordance with RCW 58.17.080, as it now exists or is hereafter amended, when the proposed subdivision is located adjacent to the right-of-way of a U.S. (federal) highway as DOT regulates access and maintenance on federal highways.

(d) All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or written description other than a legal description. Additional notice of application shall be given as provided in RCW 36.70B.110.

(5) Planning Commission Public Hearing.

(a) The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant facts, and consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare, 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 whether the public use and interest will be served by the platting of such subdivision. If the planning commission finds the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning commission shall recommend approval of the preliminary plat to the city council. If the planning commission finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, then the planning commission shall recommend disapproval of the preliminary plat.

(b) The planning commission shall, not later than 20 business days following the conclusion of the public hearing, express a recommendation for approval and may state conditions, if any, for such approval, or recommend disapproval. The recommendation of approval or disapproval shall be based upon the factors specified in subsection (7) of this section, and RCW 58.17.110. Every such recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation.

(c) Recommended conditions to be fulfilled, if any, after approval of the preliminary plat shall be written on the face of the plat or incorporated in the planning commission’s written recommendation.

(d) The city clerk shall, upon receipt of the recommendation of the planning commission, immediately transmit a copy of the recommendation to the city council, the city engineer, the subdivider and the subdivider’s surveyor. A record of the public hearing shall be kept by the city and shall be open to public inspection.

(6) City Council Public Hearing. The city council upon receipt of a recommendation on any preliminary plat shall, at its next public meeting, set the date for a closed record hearing to consider the matter in accordance with the procedures and standards for conducting a closed record hearing. A record of the closed record public hearing shall be kept by the city and shall be open to public inspection.

(7) Disapproval Due to Flood, Inundation or Swamp Conditions. Pursuant to Chapter 58.17 RCW as it now exists or is or is hereafter amended, the planning commission shall consider the physical characteristics of the proposed subdivision site and may recommend disapproval of a proposed plat because of flood inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted in the final plat or in the planning commission’s recommendation.

(8) Preliminary Plat – Expiration of Approval – Extension – Conditions.

(a) Approval of preliminary plats of proposed subdivisions shall expire three years from the day of city council approval thereof. The council shall, upon written application of the subdivision applicant at least 30 days prior to such expirations, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period.

(b) The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the planning commission’s oral recommendation.

(c) Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision’s compliance with all subdivision requirements in effect on the date that such extension is granted.

(9) Decision – Review of. The decision of the city council on a preliminary plat is final and conclusive unless appealed to the superior court pursuant to the provisions of the Land Use Petition Act (Chapter 36.70C RCW).

(10) Final Plat Procedure.

(a) Filing Period – Submission of Plans. At any time within 12 months following the council’s approval of a preliminary plat, the subdivider shall submit the original tracing and four copies of the proposed final plat design and other exhibits to the administrative official along with four copies of the improvement plans, profiles and specifications for streets, utilities and other required improvements to be constructed in the proposed subdivision.

(b) Review by Administrative Official – Compliance with Preliminary Plat Approval. The administrative official shall review the proposed final plat for conformance to the preliminary plat as approved by the city council and the required information contained within CMC 17.80.110, Table of required information. The administrative official shall then distribute a copy of the proposed final plat and required improvement plans to the city engineer.

(c) Review by City Engineer – Authorization to Construct Improvements. The city engineer shall check the final plat and improvement plans for compliance with subsection (13) of this section and CMC 17.80.070, Design and improvement standards. Upon approval of the plans by the city engineer, the administrative official may authorize the developer to construct the required improvements within the 18-month period of the council’s preliminary approval. No construction of public improvements may begin without written approval from the administrative official.

(d) Completion of Improvements – Surety. As provided in RCW 58.17.130, required improvements not completed prior to council approval of the final plat shall be secured in favor of the city by a surety in an amount acceptable to the city. The surety shall equal 150 percent of the estimated cost of completion as determined by the city engineer. The surety shall be acceptable to the city council upon approval of the final plat. In addition, bonds or other security may be required by the council securing to the city of Clarkston the successful operation of the improvements for up to two years after final plat approval. Sureties to guarantee required improvements are as follows:

(i) Street improvements including the pavement section, sidewalks, sewer, water and street lights. The developer may complete all required improvements prior to council approval of the final plat; provided, that such completed improvements shall be acceptable to the city prior to submission of the final plat to the council.

(ii) Sidewalks. For sidewalk improvements as specified in CMC 17.80.080(2)(c), the developer agreement with accompanying surety shall include that the developer will install all remaining sidewalk improvements following the sale of 50 percent of the lots.

(11) Final Plat – Dedications. No plat shall be approved unless adequate provision is made in the subdivision for the dedication or reservation of drainage ways, streets, alleys, easements, parks, playgrounds and other general purposes as may be required by the SEPA process.

(12) Final Plat Survey and Improvement Plan Standards.

(a) Survey – Certification. The final plat shall be prepared by a land surveyor registered in the state of Washington, who shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. The surveyor’s certificate shall include that all required monuments, other than those approved and bonded for setting at a later date, have been set and all lot corners have been staked on the ground as depicted on the plat. All surveys shall conform to standard practices and principles for land surveying, including the Survey Recording Act, Chapter 58.09 RCW.

(b) Survey Data and Control Monumentation. (See CMC 17.80.110, Table of required information.)

(c) Permanent Control Monuments – Settings. Permanent control monuments within the streets shall be set after the streets are paved. In the event a final plat is approved before streets are paved, the surety deposited to secure street completion shall include 150 percent of the cost estimated by the city engineer for setting such monuments.

(d) Detailed Construction Plan Standards. Final plans, profiles and specifications for streets, utilities and other required improvements shall be provided to the administrative official in a manner and form acceptable to the city engineer. Improvement plans shall conform to CMC 17.80.090, Public facilities standard plans, and shall be made by or under the supervision of a Washington State registered professional engineer who shall stamp and sign all plans, profiles and specifications.

(13) Final Plat Acceptance – Recording.

(a) Prior to filing the final plat for council action, the administrative official shall make a determination that:

(i) The proposed final plat meets all standards established by state law and this chapter;

(ii) The proposed final plat bears the certificates and statements of approval required by law. (See CMC 17.80.110(36), Table of required information);

(iii) A title insurance report furnished by the developer confirms that the title of the land in the proposed subdivision is vested in the name of the owners having a title interest and whose signatures appear on the plat’s certificate;

(iv) The developer has provided any required surety in a form commensurate with improvements required to be completed as described in subsection (10)(d) of this section.

(b) Filing for Council Action. RCW 58.17.140 provides that the council shall act on the final plat within 30 days from the date of filing thereof. For this purpose, the date of filing shall be construed to be the date the administrative official has submitted the final plat to the council after all administrative requirements of this chapter have been met.

(c) Council Determination. The council shall determine that the conditions imposed on the approved preliminary plat have been met and that any required surety is adequate to assure completion of the required improvements not already completed.

(d) Certification and Recording. If approved, the council shall certify its acceptance by authorizing the mayor to sign a statement to that effect on the face of the plat. One Mylar base or reproducible copy and three paper copies shall be furnished to the city of Clarkston. The city clerk shall then forward one Mylar base or reproducible copy thereof to the city engineer and one paper copy to the county assessor. The applicant shall submit the required recording fee to the city clerk who shall record the final plat with the county auditor. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.030.]

17.80.040 Short plats.

(1) General Provisions.

(a) Applicability of Provisions. Every division or redivision of land for the purpose of sale, lease or transfer of ownership into four or fewer lots, parcels or tracts within the city shall proceed in compliance with this section from the date of filing.

(b) Redivision of Platted Lots. As provided in RCW 58.17.060, a lot that is created by a short plat shall not be further divided by short platting for a period of five years; provided, however, that when the short plat contains fewer than four lots, nothing in this section shall prevent the filing of an alteration or amendment within a five-year period to create up to four lots, within the original short plat boundaries. The amended short plat shall be recorded in accordance with the following provisions:

(i) The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat.

(ii) The title of the amended short plat shall be: “Short Plat No. _____ Amending Short Plat No. _____.” The second blank above shall be completed by the applicant prior to submission of the amended short plat.

(iii) The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate. Any further divisions within said five-year period must be processed as a subdivision under the provisions of CMC 17.80.030.

(iv) Minor clerical errors may be corrected by the surveyor upon approval of the administrative official by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction.

(c) Placing Lots or Parcels on Assessment Rolls. No lot or parcel of land subject to the provisions of this section shall be placed on the county assessor’s tax rolls until an approved short plat has been filed for record with the county auditor.

(d) Administrative Authority. The administrative official or his designee is responsible for processing and approving proposed short plats.

(2) Short Plat Procedures.

(a) Application Requirements.

(i) Preapplication Meeting. Prior to filing a short plat application, the developer shall submit a sketch of the proposed division. The administrative official or his designee shall advise the developer as to procedure, conformity to applicable ordinances and comprehensive plan policies.

(ii) Application for Short Plat. Application for a short plat shall consist of the following:

(A) A general application form, completed and signed by the developer;

(B) A short plat map prepared in accordance with CMC 17.80.110, Table of required information, a reproducible copy, and five paper copies of each;

(D) The application shall be accompanied by a fee provided for short plats as indicated in this section.

(b) Administrative Review.

(i) Review Procedure. The administrative official, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the short plat application, shall distribute copies to other affected agencies for review and comment.

(ii) Technical Review. The administrative official, with the assistance of reviewing agencies, shall determine if the proposal conforms to the policies, standards and accepted design principles for the following:

(A) The comprehensive plan and zoning code;

(B) Public facilities, including, but not limited to, transportation facilities, stormwater, drainage, water supply, sewage disposal, streets, sidewalks, nonmotorized transportation, street lights, fire protection facilities, easements and utilities within and around the proposed short plat;

(D) The public interest will be served by the subdivision and/or dedication.

(iii) Subdivision Administrative Official’s Decision. Upon completion of technical review, the administrative official shall notify the applicant in writing of the decision to approve, conditionally approve, or disapprove the proposed short plat. The administrative official may waive certain improvement requirements of CMC 17.80.080 where the short plat consists of parcels large enough to be redivided or subdivided by appropriate application into more standard size lots allowed by the particular zoning district.

(3) Short Plat Improvements – Surety – Time Limit.

(a) Roads, sidewalks and other improvements which may be required in short plats shall be completed prior to the final short plat certification and recording unless engineered improvement plans with adequate surety are provided in the same manner and standards as required for subdivisions in CMC 17.80.030(10)(d); except that, all improvements covered by surety shall be completed within one year of recording the short plat.

(b) Improvement plans along with the completed short plat map shall be submitted to the administrative official not later than six months following the date of conditional approval granted under subsection (1)(b)(iii) of this section.

(4) Short Plat Final Approval – Recording. Upon receipt of the completed short plat which meets all requirements of this section, the administrative official shall certify approval of the short plat. The city clerk shall then record the original with the county auditor and forward a copy to the county assessor, unless an appeal has been filed with the city.

(5) Short Plat – Preliminary Application Appeals.

(a) The decision of the administrative official on a preliminary short plat application shall be final and conclusive unless appealed to the hearing examiner in accordance with the procedures and standards for open record appeals.

(b) The final decision of the hearing examiner on the appeal of a preliminary short plat application decision shall be final and conclusive unless appealed the superior court. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.040.]

17.80.050 Boundary line adjustment.

(1) Application Requirements. Boundary line adjustment, as defined in CMC 17.80.020, shall comply with the following:

(a) Preapplication Meeting. Prior to filing a boundary line adjustment application, the applicant shall confer with the administrative official or his designee and submit a sketch or description of the proposed boundary change.

(b) General Application. A general application form must be completed including the existing legal description of the properties involved.

(2) Boundary Line Adjustment Requirements.

(a) Boundary line adjustments require a property survey prepared by a licensed land surveyor unless it is determined by the administrative official that a survey is not necessary because the adjustment involves only the minor shifting of a single common property line between parcels which are part of a recorded survey or platted subdivision. A copy of such survey or plat shall be submitted with the application.

(b) When a survey is not required under subsection (2)(a) of this section, the proposed boundary line adjustment shall be shown on a copy of a recorded survey or recorded plat for the parcels or lots involved.

(c) The boundary line adjustment drawing shall identify the exterior boundaries of all properties involved in the adjustment and shall identify the receiving parcel as a single parcel which includes the conveyed portion of the grantor’s property. Revised legal descriptions of the parcels involved shall accompany the drawing except as provided in subsection (2)(f) of this section.

(d) The boundary line adjustment drawing and conveyance document shall contain a binding covenant that the land being conveyed is for the sole purpose of adjusting the boundary line between parcels and shall not result in the creation of additional parcel and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns.

(e) Except as provided in subsection (2)(f) of this section, the boundary line adjustment drawing shall contain a title of “Boundary Line Adjustment Survey” when a survey is required or “Boundary Line Adjustment” where a survey is not required and shall contain a certificate for approval by the administrative official.

(f) If the boundary line adjustment is to adjust boundary lines between lots within a recorded plat and the owners wish to retain the lot and block legal description of the original plat, an “Amended Plat of (name of original plat)” shall be submitted by a licensed land surveyor along with a plat certificate. The amended plat shall contain an acknowledgment certificate signed by all owners having title interest in the boundary line adjustment. The acknowledgment shall include the following statement that the “purpose of the amended plat is for adjusting boundary lines between the lots as shown.” The amended plat shall contain a surveyor’s certificate and a certificate for approval by the administrative official.

(3) Boundary Line Adjustment – Recording.

(a) When the requirements of this chapter are met, the administrative official shall certify approval of the boundary line adjustment.

(b) When a survey is required, the surveyor shall set the necessary monuments, record the survey with the county auditor and submit a copy to the administrative official.

(c) When a survey is not required, the applicant shall submit the recording fee to the city clerk or his designee who shall record the boundary line adjustment drawing and revised legal descriptions with the county auditor.

(d) A boundary line adjustment must be recorded within 180 days of approval by the administrative official. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.050.]

17.80.060 Binding site plan.

(1) Purpose. The purpose of a binding site plan is to provide an alternative method of land division as provided for in RCW 58.17.035 for the sale or lease of commercial and industrial properties and condominiums. A binding site plan includes a survey together with a developer agreement.

(2) Applicability of Provisions. This chapter applies to the following:

(a) The sale or lease of property zoned: S-C: service commercial, D-C: downtown commercial, P-C: port commercial and H-I: heavy industrial.

(b) Condominiums authorized under Chapter 64.34 RCW and where allowed in the zoning code.

(3) Binding Site Plan Components.

(a) A binding site plan means a record of survey and a developer agreement. A developer agreement includes a written narrative together with a scaled drawing (commonly known as a site plan) which together address the development details required by this chapter.

(b) The developer agreement shall incorporate the requirements of the planning commission, after consideration of the comments received during the public hearing on the binding site plan.

(4) Application Requirements.

(a) Preapplication Meeting. Prior to filing a binding site plan application, the applicant shall confer with the administrative official or his designee. The administrative official shall advise the applicant of the required procedures and applicable ordinances.

(b) Application Contents. An application for a binding site plan shall include a written narrative and five copies of a scaled drawing which together address the following:

(i) The information listed in CMC 17.80.110, Table of required information;

(ii) The purpose for which the property and/or buildings will be used;

(iii) Schedule for completion of improvements;

(iv) Surety provisions for future improvements as provided in CMC 17.80.030(10)(d);

(v) Off-street parking plans;

(vi) Landscaping plans;

(vii) Dimensional information where applicable for lots, buildings, fences, etc.;

(viii) Maintenance plans; and

(ix) Application fees, including the SEPA environmental checklist fee when applicable.

(5) Administrative Review.

(a) Review Procedure. Binding site plan applications including developer agreements shall be reviewed by the administrative official prior to the open record public hearing before the planning commission. The administrative official, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the binding site plan application, shall distribute copies to the following affected agencies, to include, but not limited to, the following: Asotin County health district, Asotin County public utility district, Clarkston fire department, Clarkston School District, Asotin county assessor, city engineer, etc., for review and comment.

(b) Design and Development Requirements. Design and development standards of this chapter will be used as a basis for the design and development of the binding site plan. Certain standards may be modified or deleted where appropriate to address the concept of the development while still meeting the intent of this chapter. To the greatest extent possible, design and development standards will be addressed in the developer agreement and record of survey. When phasing is involved, specific issues related to future development within the binding site plan shall be reviewed and approved as part of the overall development prior to issuance of any construction, right-of-way, sign or any other permit for the initial phase.

(c) Subdivision Administrative Official’s Recommendation and Staff Report. Based on the information provided by the applicant for the binding site plan and the technical and design analysis of the binding site plan provided by affected agencies, the administrative official shall compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the binding site plan.

(6) Hearing Notice.

(a) When a binding site plan, including written narrative, has been submitted to the city, the city clerk shall establish the date and time for a public hearing before the planning commission.

(b) The costs of publishing the notice of public hearing and/or notice of application, generating mailing labels and mailing of notices shall be provided for by the applicant.

(c) The notice of the public hearing, stating the time, place and purpose for which the hearing is held, shall be published not less than 15 days prior to the hearing, in a newspaper of general circulation within the city. The notice of public hearing shall also be mailed by the city at least 15 days prior to the date of the hearing, to the owners of all properties located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the State Department of Transportation (DOT) in accordance with RCW 58.17.080, as it now exists or is hereafter amended, when the proposed binding site plan is located adjacent to the right-of-way of a U.S. (federal) highway, as DOT regulates access and maintenance on federal highways.

(d) All hearing notices shall include a description of the location of the proposed binding site plan. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. Additional notice of application shall be given as provided in RCW 36.70B.110.

(7) Public Hearing. An open record public hearing shall be held before the planning commission on the binding site plan including developer agreement. The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant facts before developing its findings of fact and making a recommendation to the city council for approval, approval with conditions or disapproval of the binding site plan and developer agreement.

(8) City Council Hearing. The city council upon receipt of a recommendation on any binding site plan including developer agreement shall, at its next public meeting, set the date for a closed record public hearing to consider the matter in accordance with the procedures and standards for conducting a closed record public hearing. A record of the closed record public hearing shall be kept by the city and shall be open to public inspection.

(9) Survey and Plat Standards. Surveys and monumentation must be in conformance with CMC 17.80.110, Table of required information, RCW Title 58 and all other applicable state standards.

(10) Recording and Enforcement. The survey and approved developer agreement shall become effective only upon recording with the Asotin County auditor. The lots, parcels or tracts created through this procedure are legal lots of record. The face of the survey and the developer agreement shall indicate that the documents are dependent upon one another and together constitute the binding site plan.

(11) Amendment. The recorded binding site plan may be amended at the city’s discretion. Amendments to a binding site plan shall be processed pursuant to this chapter and must be recorded.

(12) Vacation. The city council may authorize the vacation of a recorded binding site plan after approval of a new binding site plan. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.060.]

17.80.070 Design and improvement standards.

(1) General Provisions – Conformance to the Comprehensive Plan and Zoning Code. The design of subdivisions, short plats and binding site plan developments, including, but not limited to, layout of streets, lots and blocks shall be consistent with the city of Clarkston Comprehensive Plan Update. Dimensional lot standards shall be as required by this title.

(2) Lot and Block Design Standards.

(a) Block Dimensions. The lengths, widths and shapes of blocks shall be determined with regard given to: (1) provision of adequate building sites suitable to the special needs of the type of use contemplated; (2) needs for convenient access, circulation, control and safety of street traffic; and (3) limitations and opportunities of topography.

(i) Block lengths shall not exceed 1,000 feet.

(ii) Pedestrian crosswalks, not less than 10 feet wide, may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Such crosswalks may be required to be marked and maintained annually.

(b) Lot Dimensions. Lot size, width, depth, shape and orientation shall conform to the zoning standards applicable to the area within which the property is located. Sufficient area for the proposed use, setbacks and other area requirements shall be accommodated.

(i) Through Lot, Also Known as Double Frontage Lot.

(A) No residential lots shall have road frontage along two opposite boundaries unless justified by topographical features or the need to provide separation of the lots from arterials, railways, commercial activities or similar uses.

(B) An easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting the arterial or other area of disadvantageous use.

(ii) Flag Lots. Flag lots, as defined in CMC 17.80.020, may be permitted to accommodate a buildable area which does not have standard frontage on a public street and where access to the buildable area is not feasible by any other standard land division method or lot design. In general, flag lots are only allowed to encourage infill development, preserve natural areas or to allow development of land-locked (buildable) areas. The narrow (access) portion of the flag lot shall not be used to grant access to other property not having frontage on a public street.

(iii) Lot Access/Frontage.

(A) Every lot shall be provided with frontage on a public street or approved private lane as provided in subsection (6) of this section, connecting to an existing public street.

(B) The lot frontage of a “flag lot,” as provided in subsection (2)(b)(ii) of this section, shall be at least 20 feet in width. The building site portion of the flag lot shall meet the dimensional standards of the applicable zone. The length, width and improvement of the access to the building site shall comply with the requirements of the Clarkston fire department.

(C) Developments abutting principal arterial streets shall be designed to provide access from interior streets. Access to arterial streets by individual lots shall only be permitted with specific findings demonstrating compelling need based on lot size, shape, topography or other property characteristics and addressing public safety.

(D) Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

(iv) Cul-de-Sac (Turnaround) Lots.

(A) No more than four lots may be located exclusively on the turnaround of a cul-de-sac.

(B) The minimum lot width for lots on cul-de-sac turnarounds shall be 50 feet measured at the required setback line.

(c) Parks and Recreation Areas. Pursuant to RCW 58.17.110 and related statutes, the city council may require subdivisions to designate up to five percent of their land area, exclusive of streets, as either private or public parks and recreational areas, the nature of which shall be clearly indicated on the plat; provided, not less than a contiguous minimum of 10,000 square feet shall be so allocated. The acquisition of land required by the city for public parks or recreational areas, other than streets and alleys, shall be obtained by deed from the developer prior to final approval of the plat.

As an alternative to dedication of public parks and recreational areas, the developer may be required to contribute to the city for park purposes to benefit the area up to five percent of the developed value of the lots to be sold in the plat. Payment of cash in lieu of land for park purposes in the area shall be made by the developer to the city before final approval is given. The monies to be exclusively used for park development purposes shall be deposited in a special park fund to be dedicated by the city to benefit the area platted.

(3) Street Design Standards.

(a) Street Right-of-Way and Improvement Width. Street right-of-way and improvement width for residential, collector and principal arterial streets shall comply with CMC 17.80.090.

(b) Subdivision Street Access. Subdivisions shall be served by one or more improved streets providing ingress and egress to and from the subdivision as follows:

(i) A subdivision of 14 or fewer lots on a cul-de-sac which does not exceed 400 feet, or on an approved stub street which does not exceed 400 feet in length may have one access point.

(ii) A subdivision of 15 or more lots shall have a minimum of two access points. More may be required based on factors in subsection (3)(c)(ii) of this section.

(i) Subdivisions and short plats shall provide for the location and necessary right-of-way to conform to the city street plan.

(ii) Subdivisions and short plats shall provide for the continuation or appropriate projection of local access (residential), collector and principal arterial streets.

(d) Cul-de-Sac Streets. A cul-de-sac street shall have a maximum length of 400 feet measured from its centerline intersection with the public access street right-of-way to the turnaround. The turnaround at the end of a cul-de-sac street shall have a minimum right-of-way radius of 43 feet if parking is disallowed and 50 feet if parking is allowed.

(e) Street Intersections. Street intersections shall be as nearly as possible at right angles as is practicable but shall not intersect at less than 80 degrees. Offset street intersections of less than 200 feet for collector and arterial streets or 100 feet for residential or local access streets will not be permitted unless otherwise approved by the city engineer. Property lines at street intersections shall be rounded with a 20 feet or greater radius where the city engineer may deem it necessary.

(f) Stub Streets. Stub streets shall be allowed only to provide for the planned continuation of streets on adjacent property. A standard turnaround shall be required at the end of a stub street.

(g) Half Streets. Half width streets shall be prohibited.

(h) Street Grades. Street grades shall be kept to minimum city standards depending upon topographic conditions and whether the street is designated as an arterial, collector or local access street. No street grade shall be less than two-tenths percent nor more than seven percent.

(i) Street Designations.

(i) Streets that are in general alignment with others already existing and named shall bear the names of the existing streets. Other streets shall not bear names that duplicate or phonetically approximate the names of existing streets. Street names shall be subject to approval of the city council.

(ii) Streets with a general north-south alignment shall be numbered; streets with a general east-west alignment shall be named; a cul-de-sac shall be designated “court” or “place.”

(iii) The designations “drive” or “way” shall be reserved for long continuous curved streets with thoroughfare characteristics.

(iv) Insofar as possible, new streets shall preserve and continue any alphabetical or numerical sequence and type of name already established in nearby subdivisions.

(4) Sidewalks and Street Trees.

(a) Sidewalks. Sidewalks shall be provided on both sides of all streets in conformance with city sidewalk standards in CMC 17.80.090(3).

(b) Street Trees. Street trees may be provided in new developments in conformance with CMC 17.80.080(2)(e).

(5) Alley Design Standards.

(a) Alleys are not required in any zoning district, except that the city may require alley access in commercial or industrial districts where provisions have not been made for service access, such as for off-street loading, unloading and parking consistent with and adequate for the uses proposed. If an alley is required by the city in commercial or industrial districts or the developer at his option includes alleys within a subdivision, the following standards must be met:

(i) Alleys shall be paved with a two-inch mat;

(ii) Alleys shall have a minimum width of 15 feet;

(iii) Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movement; and

(iv) Dead end alleys shall be avoided where possible, but, if unavoidable, shall be provided with adequate turnaround facilities at the dead end as determined by the city engineer.

(6) Private Lane Standards and Restrictions.

(a) Private Lanes – Prohibited. Private lanes shall only be permitted in short plats with four lots or less.

(b) Private Lanes – Permitted. The following minimum standards apply to permitted private lanes:

(i) Right-of-way width of a private lane shall be 35 feet. The right-of-way radius at the turnaround shall be 50 feet.

(ii) The length of a private lane shall not exceed 400 feet. A turnaround shall be provided at the end of a private lane exceeding 150 feet in length and improved with a turnaround radius of 50 feet to adequately provide for emergency services.

(iii) Private lanes shall be improved with 20 feet width of pavement consisting of four-inch crushed rock compacted base with three-inch asphalt concrete pavement surface. Compacted two-foot gravel shoulders shall be provided. Adequate roadside drainage shall be provided for driveway and culvert installation.

(iv) Private lanes shall be named and identified as private by means of a suitable permanent marker.

(v) A utility easement shall be dedicated to the city for the total width of the lane right-of-way, unless easements are provided in other locations for residences being served.

(vi) A recorded binding covenant shall be prepared for maintenance of the lane, drainage structures, curb and gutter, and associated parking areas by owners in the development. In addition, the following notation shall be placed on the plat map face:

The City of Clarkston has no responsibility to build, improve, maintain or otherwise serve any private lanes in this short plat.

(vii) An approved driveway approach from the street to the lane shall be provided.

(7) Drainage Storm Sewer Easements. Easements shall be provided for drainage of channels, streams and surface runoff with sufficient additional width to allow adequate improvement and maintenance.

(8) Utility Easements.

(a) Utility easements for electric, telephone, television, water, gas and similar public utilities shall have a minimum width of 10 feet or sufficient additional width to assure future maintenance as determined by the serving utility.

(b) Utility easements shall be provided to permit future installation of underground utilities.

(c) Utility easements shall be located adjacent to the lot line and entirely on one lot. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.070.]

17.80.080 Public facility requirements.

(1) Compliance with Standards.

(a) All improvements required under this chapter shall be constructed in accordance with CMC 17.80.090, Public facilities standard plans. All improvements required under this chapter shall be the minimum required improvements for all plats; however, higher development standards may be imposed for the protection of public health, safety or general welfare.

(b) All required improvements shall be made by the developer at his expense.

(2) Street Improvements.

(a) Streets. All public streets shall be constructed with paving, curbs and gutters, storm drainage system, sidewalks, and street lighting.

(b) Alleys. Alleys when installed shall be improved as described in subsection (5) of this section.

(c) Sidewalks. Sidewalks shall be included in the street improvement plans and shall be installed on both sides of the street after completion of the curb and gutter improvements. Sidewalks shall be constructed when homes are constructed on the lots and shall be completed prior to occupancy; provided, that an agreement with adequate surety is submitted to guarantee sidewalk improvements in accordance with CMC 17.80.030(10)(d)(ii).

(d) Street Lighting System. Street lights shall be installed at all intersections (street corners), all cul-de-sac turnarounds and all substantial curves of streets. The developer shall make the necessary arrangements with the serving electric utility for installation of underground service for the street lighting system. When required, street lighting conduit poles and pole boxes shall be provided at the time of construction in accordance with the requirements of the city engineer. Street lighting systems intended for dedication to the city shall be assemblies approved by the city engineer. Alternative assemblies are subject to the requirements of CMC 17.80.100.

(e) Street Trees. Street trees may be installed within one year of when new homes are first occupied; provided, that such trees are from the city of Clarkston street tree list and are spaced and installed in accordance with standards set forth in the list. If street trees are to be installed, an agreement with adequate surety shall be submitted to guarantee the street tree planting. The developer shall be responsible for the continued health and vigor of street trees abutting undeveloped lots until said lots are sold.

(3) Water Distribution System.

(a) A complete domestic water distribution system shall be installed to provide potable water to each lot within a development (including homes, businesses, and industry) under this chapter. The domestic water system shall be installed at the expense of the developer in conformance with standards as established by the Asotin County public utilities district (PUD) and approved by the city. All water lines and services shall be inspected and approved by the PUD and installed prior to street improvements.

(b) The water distribution system shall be designed and constructed in accordance with the State Department of Health regulations and with the standard practices of the PUD. Fire hydrants shall be installed at the expense of the developer, at locations determined necessary by the city and the city engineer. Water mains and sewer lines shall be extended to the far edge of any subdivisions for future extensions.

(4) Sanitary Sewer System/Storm Sewers.

(a) A complete sanitary sewer collection system with a separate connection to the city sewer system shall be provided to each lot or unit within a development (including homes, business and industry) and shall be inspected and approved by the city engineer prior to construction of street improvements. Such sanitary sewer collection system shall be installed at the expense of the developer.

(b) The sanitary sewer system shall be designed and constructed in accordance with the State Department of Ecology regulations and the standards of the city. Sewer mains shall be extended to the far side of any lot within a plat.

(c) The city may, at its discretion, direct that sewer main diameters in excess of that needed for service for the plat be installed. If the city directs such oversizing, the city shall pay the difference in cost, if there are additional costs, between the pipe diameter required for the subdivision and the city-directed oversized pipe.

(d) As required by the engineer, storm drainage shall be disposed on site through facilities designed by a professional engineer in conformance with Department of Ecology requirements and as approved by the city engineer. Storm drainage shall be designed such that drainage from new development does not conflict with present drainage patterns, create a drainage problem within itself or for its neighbors or cause environmental degradation of surface and groundwater.

(e) All required sanitary sewer lines and storm sewers located within the street improvement section shall be completed in accordance with CMC 17.80.090, Public facilities standard plans, and shall be inspected and approved by the city engineer prior to construction of street surface improvements.

(5) Fire Protection.

(a) Water sources and facilities adequate for fire protection purposes shall be provided in every subdivision by the developer.

(b) Fire protection facilities, including fire hydrants and appurtenances, shall be provided in accordance with the Uniform Fire Code under the direction and approval of the fire chief. Such facilities shall be included in the improvement plans as approved by the city engineer.

(6) Underground Utilities.

(a) Except as provided in subsection (6)(b) of this section, all utility facilities shall be placed underground.

(b) Facilities Excepted from Underground Utility Installation. Underground installation of utility facilities shall not include the following:

(i) Electric, pad-mounted transformers;

(ii) Electric transmission systems of a voltage of 15 KV or more;

(iii) Service meters at structures;

(iv) TV cable amplifiers, distribution taps;

(v) Telephone pedestals and cross-connection terminals; and

(vi) Temporary services necessary for construction.

(c) No buildings or structures, except fences, shall be permitted to be constructed on any utility easements, or over any utility facilities. Masonry fences will be considered as structures rather than fences. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.080.]

17.80.090 Public facilities standard plans.

(1) Compliance with Standard Plans. All public facilities shall be designed and constructed in accordance with the “City of Clarkston Standard Plans” as outlined below. The standard plans are administered by the city engineer.

(2) Street Improvements.

(a) Street Right-of-Way, Driving Lane and Parking Widths. The following are the minimum widths permitted for street rights-of-way, driving lanes and parking:


Street Type Right-of-Way Driving Lane Parking
Principal Arterial:	60 feet, 12 feet, 11 feet, 10 feet
Minor Arterial:	60 feet, 12 feet, 11 feet, 10 feet
Collector:	50 feet, 12 feet, 11 feet, 8 feet
Local Access:	50 feet, 11 feet, 10 feet, 8 feet

(i) A reduction of the right-of-way width to not less than 50 feet, where topography permits, or when the proposed street connects to or is the extension of an existing street having a right-of-way width less than the required minimum, when approved by the city council, may be permitted.

(ii) The shoulder width on all streets shall be increased by two feet when guardrails are required by the city engineer.

(iii) A 10-foot utility easement shall be provided on both sides of the right-of-way, unless reduced to one side by the city engineer and approved by the city.

(iv) Traffic control signs and pavement marking shall be provided according to the Manual on Uniform Traffic Control Devices, as amended, at the developer’s expense.

(v) The slope of the right-of-way outside of the driving and parking lanes shall not feature cuts or fill with slopes steeper than 2:1.

(b) Surfacing. Surfacing for all city streets shall be as follows:

(i) Street Type Surface. Three-inch asphalt concrete pavement, six-inch ballast, or as designated by city of Clarkston construction standards as determined by the city engineer.

(i) All present and future through streets shall be constructed with barrier curbs.

(ii) Interior and dead end residential streets may be constructed with rolled mountable curbs.

(iii) The curb radii at all intersections and interior corners shall be constructed with barrier curbs from the property lines of the corner lots.

(iv) Additional requirements for street design are also listed in CMC 17.80.080 and 17.80.100.

(3) Sidewalk Improvements. Sidewalks are required for all public streets within Clarkston as follows:


Street Type	Sidewalks Required
Principal Arterial	Both sides of street
Minor Arterial and Collector	Both sides of street
Local Access (Residential)	Both sides of street
Cul-de-Sac	On one side of street

(a) Sidewalk Width. All sidewalks in residential areas shall be a minimum of five feet in width, four and one-half-foot sidewalk with a six-inch curb. All sidewalks in commercial areas shall be a minimum of six feet in width.

(b) Sidewalk Surface. All sidewalks shall be constructed of cement concrete to a minimum depth of four inches, except at driveways and where rolled curbs are present, then the depth shall be six inches.

(c) Property owners and developers shall be responsible for replacing all cracked or damaged sidewalks in a timely fashion at no cost to the public.

(4) Domestic Water Distribution System.

(a) As stated in CMC 17.80.080(3), a complete domestic water distribution system shall be installed to provide potable water to each lot within a development. This water distribution system shall be designed and constructed in accordance with the State Department of Health regulations and standard practices of the Asotin County public utility district.

(b) Water lines and mains should be located within the utility easement of the street right-of-way, the size of which shall be determined based on the estimated water usage (demand) and required fire flows.

(5) Sanitary Sewer System.

(a) As stated in CMC 17.80.080(4), a complete sanitary sewer collection system with a separate connection to the city sewer system shall be provided to each lot or unit within a development. The sewer collection system must be designed and constructed in accordance with the State Department of Ecology regulations and the standards of the city.

(b) Sewer lines should be located within the utility easement of the street right-of-way; side sewers must be four-inch minimum lines (for residential development). Sewer mains shall be a minimum of eight inches in diameter.

(c) A city approved backflow device will be required to be installed at the expense of the developer on the side sewer extension for each lot within the development.

(6) Storm Drainage/Storm Sewers.

(a) All subdivisions, commercial and industrial developments shall provide for drainage such that their development does not conflict with present drainage patterns, or create a drainage problem within itself or for its neighbors. Most common short subdivisions (short plats) or smaller commercial and industrial developments are not anticipated to cause such conflicts; therefore they will be subject to the requirements of this section only when review of the proposed development by the city engineer reveals, in his opinion, that such conflicts exist or potentially exist. When the city engineer makes such determination, the developer shall conform to this section. Subdivisions shall comply with this section in all cases.

(b) A drainage plan, where required, shall be prepared by a professional engineer registered in the state and submitted to the city engineer for review and approval for any proposed land development that will increase the quantity of or in any way alter the drainage runoff occurring prior to development.

(c) Design calculations for peak flow and peak volume storage requirements shall be based on a design storm frequency of 10 years, unless it is determined by the city engineer that the development is located in a drainage problem area whereby the design storm frequency may be raised accordingly.

(d) The plan shall provide for the on-site detention and/or retention of the total water intercepted and collected by the development and the areas (improved and unimproved) lying and draining presently to and through the proposed development for the design storm, unless other natural or manmade systems are available for use.

(e) Detention and/or retention of stormwater runoff from any proposed land development shall be accomplished by stormwater holding facilities, either open or closed, or by introduction, on site, of stormwater into the permeable soils via an infiltration system.

(f) The drainage plan shall incorporate all calculations of the determination of the required size of the systems.

(g) The overflow of runoff in excess of the design storm quantities must be situated or directed to where it would have overflowed under the conditions existing prior to the proposed development. The capacity of the drainage course downstream of the development may be required to be evaluated. The submitted drainage plan shall incorporate, among other data, a topographical map to clearly define:

(i) The proposed development;

(ii) All areas, improved and unimproved, lying upstream and draining to and across the proposed development; and

(iii) Drainage courses, natural or otherwise, to which the proposed development will drain.

Said plans shall include a plan profile of the systems including cross-sections of all open ditches and channels. Hydraulic and physical data such as grades, bottom elevation of ditches and channels, inverts of pipes at all structures such as manholes and catch basins, size and length of all pipes, lengths of ditches and channels, and top elevation of all catch basin covers shall be called out. This includes the invert elevations of the existing or other proposed storm drainage systems that the subject drainage plan proposes to tie into.

(7) Underground Utilities. All underground utilities in all new residential areas shall be installed and maintained at a depth of not less than three feet below the graded surface of said way or street; provided, existing installations may be maintained at the present level until replaced.

(8) Improvement Plans. Improvement plans shall comply with city standard plans. The plans shall be done under the direction of a professional engineer (design engineer) registered in the state of Washington and shall bear the engineer’s stamp and signature. All improvement plans shall be reviewed and approved by the city engineer or the city engineer’s representative and shall be stamped “approved” prior to issuance of a construction permit. Any changes to approved plans that result during construction shall be shown on as-constructed or as-built plans provided by the developer and marked “As Built” or “As Constructed” by the design engineer. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.090.]

17.80.100 Public facilities development procedures.

(1) Underground Utilities.

(a) Financing of Installations. The developer shall make all arrangements for the installation of underground utilities with the appropriate agency or utility. The costs of constructing the new facilities shall be the responsibility of the developer.

(b) Covenant for Future Installations. Development covenants and final plats shall contain a provision that all future utility facilities shall be placed underground. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.100.]

17.80.110 Table of required information.

The following table of required information includes items to be submitted with development plans submitted under this chapter. Where an X mark appears next to an item, that item shall be shown on the map or plat of a development. Where a W mark appears next to an item, that item shall be submitted as written material or drawings accompanying the plat or map of a development, but need not be shown on the plat or map itself.

Disclaimer: The checklist is provided for convenience of the developer and staff to assist in tracking progress on a development. Controlling language for required information is found in previous sections of this chapter.

TABLE OF REQUIRED INFORMATION
	SUBDIVISION		SHORT PLAT		BINDING SITE PLANS
	Preliminary	Final	Preliminary	Final	Preliminary	Final
1. Scale. All pertinent information shall be shown normally at a scale of 1 inch to 100 feet; however, the scale may be increased or decreased to fit standard size sheets of 18 inches by 24 inches. In all cases, the scale shall be a standard drafting scale, being 10, 20, 30, 40, 50, or 60 feet to the inch or multiples of 10 for any one of these scales.	X	X	X	X	X	X
2. Appropriate identification of the drawing as a short plat, subdivision, preliminary, final, or binding site plan and the name of the development. The name shall not duplicate or resemble the name of any other subdivision or short plat in the county unless the subject subdivision is contiguous to an existing subdivision under the same subdivision of the same last name filed.	X	X	X	X	X	X
3. Plat certificate verifying ownership and encumbrances.		X		X		X
4. The names and addresses of the owner(s) and surveyor or engineer.	X	X	X	X	X	X
5. The date, north point and scale of the drawing.	X	X	X	X	X	X
6. A full legal description and location of the entire proposed development property.	W	X	W	X	W	X
7. The locations, widths, lengths and names of both improved and unimproved streets and alleys within or adjacent to the proposed development together with all existing easements and other important features such as section lines, section corners, city and urban growth area boundary lines, and monuments.	X	X	X	X	X	X
8. The name and location of adjacent subdivisions and the location and layout of existing streets which are adjacent to or across contiguous rights-of-way from the proposed development.	X		X		X
9. The location and approximate dimensions of lots, proposed lot and block numbers.	X		X		X
10. The location, approximate acreage and dimension of areas proposed for public use.	X		X		X
11. The location, approximate acreage and dimension of areas proposed for “open space” and/or common ownership.	X				X
12. The land use zone applicable to the subject property.	W		W		W
13. Existing contour lines at sufficient intervals for slopes of 5% or more. Show existing evaluations related to some established benchmark or datum approved by the public works director. Contour lines may be required for preliminary short plats.	X		X		X
14. The locations and sizes of existing public and private sanitary sewers, water mains, and public storm drains, culverts, fire hydrants and electrical lines within and adjacent to the proposed development.	W		W		W
15. The approximate curve radii of any existing public street or road within the proposed development.	X		X		X
16. Existing uses of property and locations of all existing buildings, and designating which existing buildings are to remain after completion of the proposed development.	X	X	X	X	X	X
17. The location of areas subject to inundation, stormwater overflow, and/or within a designated 100-year floodplain, all areas covered by water, and the location, width and direction of flow of all watercourses.	X	X	X	X	X	X
18. Locations of existing natural features such as rock outcroppings, which would affect the design of the development.	X				X
19. A vicinity map showing the location of the proposed development in relation to the rest of the city.	X		X		X
20. The approximate locations, widths, lengths, names and curve radii for all proposed streets.	X		X		X
21. The locations and dimensions of proposed lots and the proposed lot and block numbers. Numbers shall be used to designate each such block and lot. Where a plat is an addition to a plat previously recorded, numbers of blocks and lots or parcels shall be in consecutive continuation from a previous plat.	X	X	X	X	X	X
22. A preliminary public facilities plan for the location and construction of proposed water service facilities to serve the development.	W		W		W
23. A preliminary public facilities plan and profile, for the location and construction of proposed sanitary sewer facilities to serve the development.	W		W		W
24. A preliminary plan for storm drainage, erosion and sedimentation control.	X		X		X
25. Locations, widths, and lengths of streets and roads to be held for private use and all reservations or restrictions relating to such private roads.	X	X	X	X	X	X
26. Designation of any land the council may require held for public reserve and configuration of projected lots, blocks, streets and utility easements should the reserved land not be acquired.		X				X
27. All areas and the proposed uses thereof to be dedicated by the owner.	X		X		X
28. The following survey data:
(a) Track, block and lot boundary lines with dimensions;		X		X		X
(b) Street rights-of-way widths with centerline;		X		X		X
(c) Radius, length, central angle of all tangent curves; radius, length, centered angle, long chord distance and bearing of all nontangent curves;		X		X		X
(d) Ties to boundary lines and section or 1/4 section corners immediately surrounding the development;		X		X		X
(e) The location and type of all permanent monuments within the development including initial point, boundary monuments and lot corners.		X		X		X
29. Reference points of existing surveys identified, related to the plat by distance and bearings, and referenced to a field block or map as follows:
(a) Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the development;		X		X		X
(b) Adjoining corners of adjoining subdivisions;		X		X		X
(c) Monuments to be established marking all street intersections and the centerlines of all streets at every point of curvature and the point of tangent;		X		X		X
(d) Other monuments as found or established in making of the survey required to be installed by the provisions of this chapter and state law.		X		X		X
30. The lot area in square feet identified on each lot on the plat.		X		X
31. Designation of proposed portions of subdivisions to be developed in phases, if any, indicated proposed sequence of platting.	X	X
32. All flood control features and references to easements or deeds for drainage land.		X		X		X
33. Deed restrictions or covenants, if any, in outline form.	W	W	W	W	W	W
34. Existing and proposed easements clearly identified and denoted by dashed lines and, if already of record, their recorded reference. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the development shall be shown.		X		X		X
35. Identification of any land or improvements to be dedicated or donated for any public purpose or private use in common.		X		X		X
36. The following certificates:
(a) A certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the plat;		X		X		X
(b) A certificate signed and acknowledged as above, dedicating to the public all land intended for public use;		X		X		X
(c) A certificate for execution by the administrative official;		X		X		X
(d) A certificate for execution by the city engineer;		X		X		X
(e) A certificate for execution by the county auditor;		X		X		X
(f) A certificate for execution by the county treasurer;		X		X		X
(g) A surveyor’s certificate certifying that he is registered as a professional land surveyor in the state of Washington and certifying that the plat is based on an actual survey of the land as described and that all monuments have been set and lot corners staked on the ground as shown on the plat.		X		X		X
37. A statement of approval signed by the director of the State Department of Ecology, or its successor, for any portion of development which lies within a flood control zone.		W		W		W
38. An executed surety (developer agreement and bond) when required.		W		W		W
39. Appropriate architectural and site development plans which show the proposed building location, specific landscaping, prominent existing trees, ground treatment, sign-obscuring fences and hedges, off-street parking, vehicular and pedestrian circulation, major exterior elevations of building(s).					X	X
40. Such additional information pertaining to the subdivision, short plat or development site and the immediate vicinity as may be required by the administrative official for review of the proposal.	X	X	X	X	X	X

[Ord. 1365 § 1, 2003. Code 1966 § 17.19.110.]

17.80.120 Variances – Generally.

The hearing examiner may authorize such a variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the terms of this chapter will work a special hardship upon the applicant; however, such variance shall not be granted by the hearing examiner unless and until:

(1) A written application, accompanied by an application fee as specified in CMC 17.80.140 for a variance hearing, duly advertised, is submitted demonstrating all of the following:

(a) That the variance is necessary because of special conditions and circumstances relating to the size, shape, topography, location or surroundings of the subject property (land involved), and such variance will provide use rights and privileges permitted to other properties in the vicinity, located in the same zone as the subject property, and developed under the same land use regulations as the subject property requesting the variance;

(b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same area under the terms of this chapter;

(d) That the special hardship is not self-inflicted;

(e) That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands in the same area;

(f) That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity and zone in which the subject property (land) is located;

(g) That financial gain is not the ground or grounds for this variance;

(h) That the variance is in harmony with the intent and purpose of the comprehensive plan, other relevant city ordinances or this chapter; and

(i) The variance granted is the minimum amount necessary to comply with the approval criteria listed above, and the minimum necessary to accommodate the permitted uses proposed by the application; in addition, the scale of the use shall be reduced as necessary to meet this requirement;

(2) The hearing examiner shall hold an open record public hearing to consider the matter in accordance with the procedures and standards for conducting an open record public hearing. The variance request shall be considered concurrently with the preliminary plat or binding site plan during the open record public hearing. If the variance requested is from short plat provisions, then the variance shall be decided before the planning commission issues its decision on the short plat. An open record public hearing shall be held before the hearing examiner in this situation as well;

(3) The city council after receipt of the hearing examiner’s decision for approval or disapproval of the variance and the planning commission’s approval or disapproval of the preliminary plat or binding site plan shall at its next regularly scheduled meeting schedule a closed record public hearing to consider the planning commission’s recommendations and make its decision whether to approve, approve with conditions or deny the preliminary plat or binding site plan. In the case of a variance from short plat provisions, the city council shall also schedule and conduct a closed record hearing;

(4) In granting variances and modifications, the hearing examiner and/or city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified; and

(5) A final determination by the hearing examiner on a variance application may be appealed to superior court. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.120.]

17.80.130 Violations and enforcement.

(1) Violations Unlawful. Violations of, or failure to comply with, the provisions of this chapter are declared to be unlawful.

(2) Civil Penalty. In addition to any other penalty or remedy provided by this chapter or by law, a civil penalty in the amount of $100.00 per day is imposed upon any person, firm, or corporation that violates the provisions of this chapter. The civil penalty shall occur from the date set for correction established by the administrative official, and until violation is corrected. The civil penalty is a personal obligation of the person or persons to whom the notice of violation is directed. The city attorney, on behalf of the city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional civil penalties, as long as the violation continues.

(3) Continued Violations – Remedies and Penalties. An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects.

(a) In addition to the civil proceedings authorized to enforce this chapter and in addition to any fine or penalty provided, continuing violations of this chapter may be enjoined, ordered or abated in civil proceedings for injunction, abatement or other relief.

(b) The city attorney, on behalf of the city, may pursue civil remedies to enforce compliance with the provisions of this chapter. A private person directly affected by a violation of this chapter may pursue civil remedies as provided by this chapter or as otherwise provided by law to enforce compliance and to recover damages for violations; provided, that a private person may not pursue or enforce the civil penalties in subsection (2) of this section.

(c) Any person, firm, or corporation violating any of the provisions of this chapter shall be liable in any private or public action brought to enforce the provisions of this chapter for all costs of proceedings, expenses of abatement, and for reasonable attorney’s fees. These expenses are accumulative and in addition to any penalties or other remedy available.

(4) Persons Liable. Any person who participates in the transfer, sale, agreement to sell, or lease of land in violation of the requirements of this chapter; and any person who files or records a short plat or final plat in violation with this chapter; and any person who fails to comply with any condition of approval of a short plat, final plat, binding site plan or boundary line adjustment; and any person who maintains, after notice, a violation of this chapter may be held jointly liable in any civil action brought to enforce the provisions of this chapter.

(5) Enforcement and Administration.

(a) General Provisions. The administrative official or its designee is authorized and directed to enforce the provisions of this chapter. The administrative official shall, either upon complaint or initiative, investigate potential violations of this chapter. It shall be the duty of members of the city council to assist the administrative official in performance of this duty. It shall also be the duty of the sheriff’s department and all officers charged with the enforcement of the law to assist in the enforcement of this chapter and its provisions.

(b) Entrance onto Private Property. Whenever necessary to make an inspection, to enforce any of the provisions of this chapter, or whenever the administrative official has reasonable cause to believe that a violation of this chapter exists or is occurring on any property, the administrative official and/or his designee may, at reasonable hours, enter onto such property to inspect the same or to perform any duty imposed by this chapter. The right of entry authorized by this section extends to any employee, officer, or person in the company of the administrative official and/or his designee.

(c) Stop Orders. The administrative official may issue an order to stop activity for any activity being established or any improvement being erected or altered which does not conform to this chapter.

(i) The administrative official shall prominently post this order on the subject property and make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property, or the person causing the activity to be established or conducted or the improvement to be erected or altered.

(ii) When any order to stop activity has been posted on the subject property, it is unlawful for any person with active or constructive knowledge of the order to conduct the activity covered by the order until the administrative official has removed the posted copy of the order and issued a written authorization for the activity to be continued.

(iii) The issuance of an order to stop activity may be appealed to the city council, but such orders shall remain in force and effective during the pendency of such appeal, unless the administrative official issues an interim or final order staying or lifting the order to stop activity.

(6) Notice of Violation.

(a) If the administrative official determines that an activity or condition exists that does not conform to the provisions of this chapter, then a notice of violation may be issued. The notice shall be directed to the owner of the property and/or to such other persons as are causing or contributing to such violation. A notice of violation shall contain:

(i) The name and address of the property owner or other person to whom the notice of violation is directed;

(ii) The street address, when available, or a legal description sufficient for identification of the land upon which the violation is occurring;

(iii) A statement of the action required to be taken as determined by the administrative official and a date for correction which shall not be less than 10 working days from the date of service of the notice of violation to be immediately hazardous;

(iv) A statement that a cumulative civil penalty in the amount of $100.00 per day shall be assessed against the person or persons to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and

(v) A statement that the administrative official’s determination of violation may be appealed to the city council upon written notice of appeal together with the payment of filing fee in accordance with CMC 17.80.140. The appeal shall be filed with the city clerk within 10 working days of service of the notice of violation, and the daily civil penalty shall continue to accrue during the pendency of the administrative official appeal, but is dependent on the outcome of the appeal.

(b) The notice of violation shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of violation by certified mail, return receipt requested, to such person at his last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made.

(c) A notice of violation issued pursuant to this section may be appealed to the city council. The cumulative civil penalty provided for in subsection (2) of this section shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal.

(d) For good cause shown, the administrative official may extend the date set for correction of the notice of violation; provided, that such an extension shall not affect or extend the time in which the administrative official appeal must be commenced nor shall such extension be for a period of time in excess of 180 calendar days.

(7) Disposition of Civil Penalties Collected. Any civil penalties assessed herein and collected shall be paid into the general fund of the city. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.130.]

17.80.140 Development filing fees.

(1) Development Filing Fees. Any person developing land under this chapter shall pay fees for the processing and handling of applications for binding site plans, boundary line adjustments, final plat, preliminary plats, SEPA environmental checklists, and short plats as set by resolution of the city council.

(2) Schedule of Engineering and Inspection Fees and Charges. Any person constructing public improvements in a development under this chapter shall obtain the required permits, obtain approval from the subdivision administration committee as provided in this chapter, and shall pay standard fees for engineering services and inspection in connection with those improvements as set by resolution of the city council.

(3) Outside Agency Fees. If an outside agency or agencies need to be consulted regarding any development within the city limits, the developer will incur any and all cost charged by the outside agency or agencies. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.140.]

17.80.150 Amendments.

The city council shall be the sole authority to adopt, amend or repeal any or all parts of the regulations contained within this chapter. [Ord. 1365 § 1, 2003. Code 1966 § 17.19.150.]