Chapter 18.16
GENERAL REQUIREMENTS

Sections:

18.16.010    General requirements.

18.16.020    Lot and block design.

18.16.025    Lot-averaged subdivision.

18.16.027    Lot-averaged subdivision – Residential-7500 subzone.

18.16.030    Cluster subdivision.

18.16.040    Street and alley design.

18.16.050    Parks, open space, public areas.

18.16.010 General requirements.

A. Flood Conditions. Land which the City Council has found to be unsuitable due to flooding, bad drainage of swamp conditions likely to be harmful to the safety, welfare and general health of future residents, and the City Council considers inappropriate for development, shall not be subdivided unless adequate means of control have been formulated by the subdivider and approved by the City Utility Superintendent.

B. Slope or Unbuildable Lands. In the event the land to be subdivided has a slope or slopes of more than 20 percent and/or has rock or unstable soil conditions, the subdivider shall furnish soil data to the City Engineer. If conditions warrant control measures to correct slide, erosion or other similar problems, the subdivider shall be responsible for the design, installation and expense of any device or corrective measure subject to approval of the City Engineer.

C. Monumentation. Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided, and in the centers of all intersecting streets. Permanent monuments shall also be established at the corners of all newly created lots. Additional monuments shall be installed if requested by the City Utility Superintendent.

D. Connection to Accepted Street. All subdivisions shall be required to be connected to an accepted City street.

E. Street Trees. Street trees shall be provided by the subdivider in all subdivisions within the dedicated public utility easements adjacent to the street. There shall be a minimum of two trees per lot and street trees shall be selected, installed and maintained in accordance with the standard engineering specifications.

F. On-Site Preparation. The subdivision shall be so designed as to preserve the greatest amount of existing on-site vegetation, including trees with trunk diameter of six inches or greater, and other natural ground cover. Tree removal shall be replaced where practical. [Ord. 783 § 9, 2017; Ord. 501 § 43, 1996; Ord. 204 § 18.20.000, 1974.]

18.16.020 Lot and block design.

A. Through Lots. Through lots shall not be allowed; however, if the subdivision abuts an arterial street, the lots on such streets may be through lots provided the City Council determines such a layout to be in the best interests of safety and general welfare.

B. Lot Design. All residential lots shall be of sufficient size to meet the site area requirements of the zoning ordinance for the district in which the lot is located. Except as allowed under subsections (D) and (E) of this section, each lot shall have no less than 25 feet of frontage on a deeded or dedicated right-of-way, or this distance may be reduced to 20 feet if the lots front on a cul-de-sac; however, if the frontage is so reduced, then the front yard setback line shall be increased to 30 feet from the front property line. The minimum lot width at the building setback line shall be as established in EMC Title 19 for the applicable zoning district.

C. Block Design. The maximum length of a block shall be 660 feet. The maximum width shall be 500 feet. Where blocks exceed 500 feet in length, pedestrian easements may be required if deemed necessary.

D. Pipe Stem Lots. Pipe stem lots shall not be approved unless the proposed lots have a minimum of 20 feet of frontage onto a dedicated City right-of-way and the minimum lot width standards are met at the building setback line.

E. Lots With No Frontage Onto a City Street. Where determined to be acceptable by the City Council based on unusual site conditions, up to a maximum of two residential lots may be approved that do not abut a City street; provided, that such lots shall be accessed by way of a private driveway constructed within a private access and utility easement.

F. A private driveway serving two or fewer lots shall be located within a private easement having a minimum width of 20 feet, and said driveway shall have a minimum paved width of 16 feet. A private driveway serving three or more lots shall be located within a private easement having a minimum width of 25 feet, and said driveway shall have a minimum paved width of 20 feet. The City Council may require increased easement and paving widths to meet emergency turnaround standards and ensure safe ingress and egress. All driveways shall be constructed per City development standards. [Ord. 847 § 8, 2023; Ord. 783 § 10, 2017; Ord. 501 § 44, 1996; Ord. 204 § 18.20.010, 1974.]

18.16.025 Lot-averaged subdivision.

A. The purpose of this section is to provide for a variation in lot sizes in single-family residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements is maintained on an overall basis, while ensuring that all other requirements of a standard subdivision are met.

B. The developer of a subdivision in a single-family district may vary the lot sizes within the subdivision by use of the procedures contained in this section. Under this procedure, lots may be reduced in area below the standard minimum lot size required in the district in which the subdivision is located; provided, that the average lot size of the lots created in the subdivision is not below the minimum lot size required in the district.

C. Under this procedure, no lot shall contain less than 7,500 square feet, and no more than 50 percent of newly created lots shall be below the standard minimum lot size.

D. To calculate the average lot size, the lot area of newly created residential lots shall be summed and the total shall then be divided by the number of newly created residential lots. Area contained in lots or tracts not intended for residential development (such as tracts intended for open space, parks, recreation or utilities) shall not be included in the calculation of average lot size under this procedure.

E. A developer choosing to develop a single-family residential subdivision under this procedure may not use this procedure in combination with the cluster subdivision procedure established under EMC 18.16.030; however, the lot-averaged subdivision and cluster subdivision procedures may each be utilized in conjunction with separate phases of the same development. [Ord. 847 § 9, 2023; Ord. 783 § 11, 2017; Ord. 668 § 3, 2007; Ord. 635 § 1(A), 2005.]

18.16.027 Lot-averaged subdivision – Residential-7500 subzone.

A. The purpose of this section is to provide for a variation in lot sizes and configuration within the residential-7500 subzone so that the standard permitted density of dwelling units allowed by the minimum lot size requirements in the residential zoning district is increased on an overall basis while desirable open space, tree cover, recreation areas or scenic vistas are preserved.

B. The developer of a subdivision within the residential-7500 subzone may vary the lot sizes within the subdivision by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by dividing the gross project area by the minimum lot size of the residential zone, rounded up to the nearest whole number.

C. Under this procedure, lots may be reduced in area below the standard minimum lot size required in the residential district; provided, that the average lot size of the lots created in the subdivision is not below 7,500 square feet. Under this procedure, no lot thus created shall contain less than 6,500 square feet, and no more than 50 percent of all lots in the subdivision may be less than 7,500 square feet. In subdivisions containing 12 or more lots, common land for open space or recreational use may be set aside for use by the owners of residential lots, and such common land may be included in determining the average lot size of the lots created in the subdivision.

D. Under this procedure, no lot thus created shall contain a frontage less than the applicable frontage required by the subdivision regulations set forth in this title.

E. Subdivisions developed under this procedure may be required to include land set aside as common land for open space or for recreational use as determined by the City Council. Recognizing that differing areas of the City have differing recreational opportunities, in lieu of land set aside the developer may donate additional land, improvement or other tangible asset to the City’s overall park/open space system, where deemed appropriate by the City Council. The City Council retains full authority to approve an in-lieu donation if proposed. The location, extent, and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the City Council before the provisions of this subsection shall apply. A minimum of 200 square feet of land area per newly created lot shall be set aside as common land under this procedure. A private recreational use, such as golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses of sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation. Land which is specifically required to be reserved for public parks, potential school sites, etc., as called for in another section of this title, shall not qualify as common land under this section.

F. The maintenance of common land provided within the limits of the project for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approval by the City Council and shall be filed with the Whatcom County Auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of 35 years. [Ord. 804 § 3, 2019.]

18.16.030 Cluster subdivision.

A. The purpose of this section is to provide for a variation in lot sizes in single-family residential districts so that the standard permitted density of dwelling units allowed by the minimum lot size requirements is maintained on an overall basis while desirable open space, tree cover, recreation areas or scenic vistas are preserved.

B. The developer of a subdivision in a single-family district may vary the lot sizes within the subdivision by use of the procedures contained in this section. The maximum number of lots that may be created under this procedure shall be computed by subtracting any undevelopable land, such as undevelopable critical areas and existing easements that preclude development, from the total land area being subdivided. Thirty percent of the developable land area shall then be subtracted for the public right-of-way and utilities and for land reserved for public parks, playgrounds, school sites, and for other open spaces. The remaining land shall then be divided by the minimum lot area requirement of the single-family district or districts in which the subdivision is to be located to determine the maximum number of lots that may be created through use of this procedure. This method shall apply regardless of the amount of land actually required for street right-of-way. Land taken by utilities for easements for major facilities such as electric transmission lines and water mains, where such land is not available to the owner for development because of the easements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under this procedure.

C. Under this procedure, lots may be reduced in area below the standard minimum lot size required in the district in which the subdivision is located; provided, that the average lot size of the lots created in the subdivision is not below the minimum lot size required in the district. Under this procedure, no lot thus created shall contain less than 8,500 square feet, except as allowed pursuant to subsection D of this section. In subdivisions containing 12 or more lots, common land for open space or recreational use may be set aside for use by the owners of residential lots and such common land may be included in determining the average lot size of the lots created in the subdivision.

D. Where the proposed cluster subdivision includes area within the one-year time of travel located adjacent to the City wellfield, no lot created through use of the cluster subdivision procedure shall contain less than 7,500 square feet; provided, that development restrictions shall be placed on the portions of lots located within the one-year time of travel and the developable portion of any lots thus created shall be located outside of the one-year time of travel, which shall be reserved entirely for open space or recreation.

E. Under this procedure, no lot in a single-family residential district shall contain a frontage less than the applicable frontage required by the subdivision regulations except as otherwise provided in the City zoning ordinance.

F. Subdivisions developed under the cluster subdivision procedure must include land set aside as common land for open space or for recreational use. The City Council retains full authority to approve use of the cluster subdivision procedure. The location, extent, and purpose of common land proposed to be set aside for open space or for recreational use within any subdivision must be reviewed and approved by the City Council before the provisions of this section shall apply. A minimum of 200 square feet of land area per newly created lot shall be set aside as common land under this procedure. A private recreational use, such as golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision, may be approved as common land. Other uses of sites which may qualify as common land include historic buildings or sites, parkway areas, ornamental parks, extensive areas with tree cover, and low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation. Land which is specifically required to be reserved for public parks, potential school sites, etc., as called for in another section of this chapter shall not qualify as common land.

G. The maintenance of common land for open space or recreational use shall be guaranteed by trust indenture or a similar means of contract approval by the City Council and shall be filed with the Whatcom County Auditor simultaneously with the recording of the final plat of the subdivision. Such common land shall be set aside by deed restrictions for a minimum period of 35 years. [Ord. 783 § 12, 2017; Ord. 635 § 1(B), 2004; Ord. 501 § 45, 1996; Ord. 204 § 18.20.020, 1974.]

18.16.040 Street and alley design.

A. The minimum street right-of-way width shall be 60 feet, except for cul-de-sac roads where the minimum right-of-way width shall be 50 feet.

B. Cul-De-Sac.

1. The maximum length shall be 600 feet.

2. The minimum right-of-way radius shall be 50 feet.

C. Grades.

1. Maximum roadway grade of arterial streets shall be six percent.

2. Maximum roadway grade on other streets and alleys shall be 14 percent; however, the optimum grade is no more than 10 percent and shall not be exceeded unless in unusual cases.

3. The minimum grade on all streets or alleys shall be no less than one-half percent.

D. Curves.

1. The minimum centerline radii for horizontal curves shall be 100 feet.

2. The minimum vertical curves shall be 50 feet.

E. Alleys. Alleys are not required but may be included in the subdivision at the subdivider’s option. Where alleys are proposed, the minimum right-of-way width for an alley shall be 16 feet. [Ord. 783 § 13, 2017; Ord. 298 § 9, 1984; Ord. 204 § 18.20.030, 1974.]

18.16.050 Parks, open space, public areas.

In each subdivision hereafter approved, appropriate provisions shall be made for neighborhood parks, playgrounds, open space and other public areas. Provision of such areas may be made in one of the two following ways:

A. A minimum of 200 square feet of ground area per lot shall be provided in a location predetermined by the City parks plan.

B. In the event no proposed park or planned expansion of an existing park is located within the boundaries of a subdivision, then the developer shall pay into a special park site acquisition fund the sum of $500.00 per lot. Such fund is to be used to acquire land for parks, playgrounds, open space or greenbelts in areas deemed appropriate by the City Council.

The developer may substitute open space or greenbelts for the above-required park lands, if, in the opinion of the City Council, such areas are necessary for public welfare or safety. Open spaces or greenbelts need not be dedicated to and maintained by the public and any substituted in lieu of park lands shall be continuous obligation upon the owners of the subdivision. [Ord. 783 § 14, 2017; Ord. 298 § 10, 1984; Ord. 204 § 18.20.040, 1974.]