Chapter 18.04 SHORT PLATS AND SUBDIVISIONS

Chapter 18.04
SHORT PLATS AND SUBDIVISIONS

Sections:

18.04.010 Purpose.

18.04.020 Definitions.

18.04.030 Applicability.

18.04.040 Minimum standards for streets, sidewalks, curbs, and street lighting.

18.04.050 Minor subdivisions – Requirements and standards.

18.04.060 Major subdivisions – Requirements and standards.

18.04.070 Standards and requirements for subdivisions located wholly within a planned development.

18.04.080 Minor subdivision application process – Preliminary proposal – Review.

18.04.090 Minor subdivision – Final plat – Dedications and rights-of-way – Review.

18.04.100 Minor subdivisions – Restrictions on further subdivisions.

18.04.110 Major subdivision application process – Preliminary proposal – Review.

18.04.120 Major subdivision – Preliminary plat.

18.04.130 Major subdivision – Preliminary plat – Planning commission review – Hearing – Decision.

18.04.140 Major subdivision – Preliminary plat – City council review – Hearing – Decision.

18.04.150 Major subdivision – Final plat – Conditions for approval – City council review.

18.04.160 Review of decisions.

18.04.170 SEPA compliance periods excluded from time lines.

18.04.180 Fees and costs.

18.04.010 Purpose.

The purpose of this chapter shall be to regulate the division of land within the city of Palouse in conformance with the city’s comprehensive plan, and to promote the health, safety, and general welfare of the public, to facilitate adequate provision for public infrastructure, and to provide reasonable access to all property. [Ord. 676 §3, 1996].

18.04.020 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

A. “Alley” means a right-of-way that is 15 feet or more in width which is dedicated to public use for providing access to adjoining properties.

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

C. “City standards,” as used for streets, utilities, and other public improvements, includes standards adopted by the city, as well as any applicable county or state standards.

D. “Dedication” means the deliberate appropriation of land by an owner for any general or public uses, reserving unto the owner no special rights. The intention to dedicate shall be evidenced by the filing of a final plat, and the acceptance of the dedication by the city shall be evidenced by the approval of the final plat by the city council.

E. “Developable lot” means a lot providing a building site appropriate for the intended use when all physical characteristics (e.g., steep slopes, floodplains, wetlands, natural areas, etc.) and all zoning requirements (e.g., minimum area, building setbacks, lot coverage, etc.) are considered. The term “buildable lot” shall be interchangeable with the term “developable lot.”

F. “Easement” means a grant of the right to use a designated portion of land for a specific use.

G. “Final plat” means the final drawing of a subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and any applicable requirements set forth in Chapter 58.17 RCW.

H. “Lot” means the fractional part of subdivided lands having fixed boundaries and of sufficient area to meet minimum zoning requirements. The term shall include tracts or parcels.

I. “Minor subdivision” means the division or redivision of four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

The term shall be used interchangeably with the term “short subdivision” as defined in RCW 58.17.020(6).

J. “Major subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. The term shall be used interchangeably with the term “subdivision” as defined in RCW 58.17.020(1).

K. “Pedestrian walkway” means rights-of-way, easements, or other facilities dedicated to public use and designed for pedestrian circulation purposes.

L. “Plat” means a map of a subdivision sharing the division of a tract or parcel of land into lots, blocks, streets, or other divisions, dedications and easements.

M. “Right-of-way” means land dedicated for public use for utilities and travel.

N. “Roadway” means that portion of a right-of-way that has been improved for vehicular traffic.

O. “Subdivider” means any person, partnership, corporation or other entity who is subdividing land.

P. “Subdivision” means the division or redivision of land into two or more lots, tracts, or parcels for the purpose of sale, lease, or transfer of ownership. [Ord. 676 §4, 1996].

18.04.030 Applicability.

This chapter shall apply to all subdivisions except the following divisions of land, which shall be exempt from the provisions of this chapter:

A. Cemeteries and burial plats;

B. Subdivisions made by testamentary devise, or under the laws of descent;

C. Divisions made for the purpose of adjusting boundary lines which do not create additional lots, tracts, parcels, sites, or divisions, nor create any parcel which contains insufficient area to meet the minimum requirements for a building site under any provision of the Palouse Municipal Code;

D. Subdivisions due to condemnation by government agencies; and

E. A division of land into lots in conformance with the requirements set forth in RCW 58.17.040(7), where the city has approved a binding site plan (i.e., divisions of land for condominium purposes). [Ord. 676 §5, 1996].

18.04.040 Minimum standards for streets, sidewalks, curbs, and street lighting.

The following, minimum standards shall apply to all streets, sidewalks, and street lighting included in any subdivision:

Street type	Minimum right-of-way width	Minimum pavement width	Curbs required	Sidewalks required	Street lighting required
Minor	40'	24'	None	One side where appropriate	None
Local	50'	30'	No	One side	None
Collector	60'	36'	Yes	Both sides	At intersection
Arterial	80'	42'	Yes	Both sides	Intersection plus every 300'

where:

A. A minor street is a dead-end, cul-de-sac, or loop street that does not connect to other areas, whose sole function is to provide access to not more than 10 housing units;

B. A local street is a street whose sole function is to provide access to more than 10 and no more than 25 housing units;

C. A collector is a street that provides access to more than 25 housing units, or connects minor or local streets to an arterial; and

D. An arterial is a street that serves for circulation of traffic into, out of, or around the city. [Ord. 676 §6, 1996].

18.04.050 Minor subdivisions – Requirements and standards.

All minor subdivisions must meet the following minimum standards:

A. The proposed development and use to which the subdivided land shall be put must conform to the city’s comprehensive plan and to any applicable land use and zoning regulations set forth in the Palouse Municipal Code.

B. All resulting lots or parcels shall meet the requirements for developable lots as set forth in PMC Title 17, and must contain at least 7,000 square feet each.

C. Each resulting lot or parcel must provide a building site appropriate for the intended use of the lot or parcel when all physical characteristics (e.g., steep slopes, flood plains, wetlands, natural areas, etc.) are considered.

D. Each parcel or lot in the subdivision must have access to a public street, such access being sufficient to provide a reasonable means of ingress and egress for intended users and for emergency vehicles.

E. Each parcel or lot in the subdivision must be provided with access to the city’s public sanitary sewer mains and water mains. No individual sewerage disposal systems or treatment plants shall be permitted.

F. The subdivider shall install at his own expense such streets, sidewalks, curbs, and street lighting necessary to meet at least the minimum city standard set forth in PMC 18.04.040.

G. The subdivider shall install at his own expense all public utilities (e.g., sewer mains, water mains) that are needed within the minor subdivision. These utilities shall meet all applicable, minimum city standards for such utilities. The streets and utilities must be coordinated with existing and proposed adjoining or surrounding streets and utilities. The proposed minor subdivision may be rejected until such time as the subdivider has, at his own expense, made any modifications or arrangements acceptable to the city as may be necessary to provide access from the subdivision to the city’s nearest sewer, water, or storm drain mains capable of reasonably serving the subdivision.

H. Rights-of-way for streets and alleys abutting and within the subdivision shall be dedicated as public ways and conveyed as such to the city. [Ord. 923 §1, 2014; Ord. 676 §7, 1996].

18.04.060 Major subdivisions – Requirements and standards.

All major subdivisions must meet the following minimum standards:

B. All resulting lots or parcels shall meet the requirements for developable lots as set forth in PMC Title 17, and must contain at least 7,000 square feet each, or be in conformance with an approved planned unit development site.

F. The subdivider shall install at his own expense such streets, sidewalks, curbs, and street lighting necessary to meet at least the minimum city standard set forth in PMC 18.04.040.

G. The subdivider shall install at his own expense all public utilities (e.g., sewer mains, water mains) that are needed within the major subdivision. These utilities shall meet all applicable, minimum city standards for such utilities. The streets and utilities must be coordinated with existing and proposed adjoining or surrounding streets and utilities. The proposed major subdivision may be rejected until such time as the subdivider has, at his own expense, made any modifications or arrangements acceptable to the city as may be necessary to provide access from the subdivision to the city’s nearest sewer, water, or storm drain mains capable of reasonably serving the subdivision.

H. Rights-of-way for streets and alleys abutting and within the subdivision shall be dedicated as public ways and conveyed as such to the city.

I. All street intersections shall be as near at right angles as is practicable, and a 30-foot clear-sight triangle shall be provided at each corner. The subdivider shall install at his own expense such street and traffic signs as may be required under city standards, or as may be required by the city as a condition of approving the major subdivision.

J. The subdivider shall at his own expense install fire hydrants with water flows adequate to meet minimum state standards for fire protection for the proposed uses within the subdivision. Fire hydrants shall be installed within not more than 600 feet of each lot within the subdivision.

K. No subdivision shall be approved that will require more water supply or sanitary sewer treatment than is available through the city’s then-existing systems; provided, the subdivider may construct facilities acceptable to the city to provide such additional water supply or sewer treatment capacity as may be required to accommodate the demands the subdivision will place on the existing water supply and sewer treatment systems; provided further, the city may require the construction of such facilities before the subdivision is approved.

L. The subdivision shall provide for storm drainage facilities adequate to drain the subdivision, yet cause no impact to other property owners.

M. In subdivisions larger than five acres in area, at least five percent of the total land area in the subdivision shall be dedicated as permanent, usable public open space (e.g., pedestrian pathways, parks, conservation areas, or other similar space open to public use and enjoyment). This usable, public open space shall not include any street rights-of-way or alleys which may otherwise be required under the provisions of this chapter. [Ord. 923 §2, 2014; Ord. 676 §8, 1996].

18.04.070 Standards and requirements for subdivisions located wholly within a planned development.

The requirements and standards for minor and major subdivisions as set forth in PMC 18.04.050 and 18.04.060 shall apply to any subdivision located wholly within a planned development only to the extent such standards and requirements are not inconsistent with the requirements and standards for planned developments as set forth in PMC 17.15.040. [Ord. 676 §9, 1996].

18.04.080 Minor subdivision application process – Preliminary proposal – Review.

A. The review and approval process for minor subdivisions (or the alteration of an existing minor subdivision or short subdivision) shall involve a two-step process. The first step in the process shall include the review of a preliminary proposal, and the second step shall involve the consideration of a final plat. An application for a minor subdivision shall be initiated by the subdivider’s submission of a preliminary proposal to the city building inspector for review. The preliminary proposal shall consist of:

1. A map of the parcel to be subdivided at a scale of one inch equals 50 feet or less. The map shall include:

a. The boundaries of each proposed lot, public right-of-way, and easement;

b. Any special geographic or environmental conditions (e.g., steep slopes, wetlands, floodplains, etc.);

c. Existing utilities, roadways, improvements, and uses;

d. The proposed zoning, type of development, use, and estimated development schedule.

2. A vicinity map at a scale of one inch equals 200 feet that shows the location within the city of Palouse of the proposed minor subdivision, adjacent public streets, water mains, sewer mains, and storm drain mains.

B. The building inspector shall review the preliminary proposal and prepare for the subdivider written recommendation regarding the proposed minor subdivision. The recommendation shall be based upon: (1) the standards for minor subdivisions as set forth in PMC 18.04.050; (2) upon the public interest being served by the proposed minor subdivision; and (3) upon the adequacy of the provisions for public health, safety, and welfare in the proposed minor subdivision. [Ord. 676 §9, 1996].

18.04.090 Minor subdivision – Final plat – Dedications and rights-of-way – Review.

A. In addition to the preliminary proposal, a subdivider in a minor subdivision shall prepare and submit a final plat. The final plat may be submitted at the same time as the preliminary proposal, or any time after the building inspector has reviewed and made recommendations regarding the preliminary proposal as set forth in PMC 18.04.070. The final plat shall include:

1. The information required in the preliminary proposal.

2. A plat map with the information required in the map for the preliminary proposal plus:

a. The legal description of the property being subdivided;

b. The legal description of all lots, easements, and public rights-of-way;

c. Distances to the nearest established street lines or official monuments that can be used to accurately establish the location of the plat;

d. The name(s) of the owner(s) of the property to be subdivided.

3. The names and addresses of landowners within 300 feet of the boundaries of the proposed subdivision.

4. Such other information as may be required in a final plat under the provisions of this chapter or Chapter 58.17 RCW.

B. All proposed dedications or rights-of-way shall be reviewed by the city council. Approval of the final plat shall be subject to the city council’s acceptance of the dedications and rights-of-way.

C. Within 30 days after receipt from the subdivider all documents and fees required for the final plat for a proposed minor subdivision, the planning commission shall review and either approve, or approve subject to certain conditions, or reject the final plat. The planning commission shall issue written findings of fact to support their decision. If the findings support a decision approving the final plat, they shall include a statement that the proposed minor subdivision is in conformity with applicable zoning and land use controls. The planning commission shall base their decision on: (1) the preliminary proposal; (2) the standards for minor subdivisions as set forth in PMC 18.04.050; (3) upon the public interest being served by the proposed minor subdivision; and (4) upon the adequacy of the provisions for public health, safety, and welfare in the proposed minor subdivision. As a condition of approval of any final plat for a proposed minor subdivision, any public improvements must first be installed by the subdivider, or the subdivider must provide a bond, covenant, or security acceptable to the city that binds the subdivider to install, at the subdivider’s expense and within a time schedule acceptable to the planning commission, the required improvements. No lots shall be sold or building permits issued for private improvements until the final plat has been approved and recorded in the office of the Whitman County auditor in accordance with RCW 58.17.170. After recording, copies shall be distributed as provided in RCW 58.17.170. [Ord. 676 §10, 1996].

18.04.100 Minor subdivisions – Restrictions on further subdivisions.

Land included in a minor subdivision shall not be subdivided again for a period of five years after the final plat is approved and recorded, except that a minor subdivision that divides land into fewer than four lots can be altered to create a total of four lots within the original minor subdivision boundaries. [Ord. 676 §11, 1996].

18.04.110 Major subdivision application process – Preliminary proposal – Review.

A. The review and approval process for a major subdivision shall involve a three-step process. The first step shall include the review of a preliminary proposal, the second step shall include the review of a preliminary plat, and the final step shall involve consideration of a final plat. An application for a major subdivision shall be initiated by the subdivider’s submission of a preliminary proposal to the city building inspector for review. The preliminary proposal shall consist of:

1. A map of the parcel to be subdivided at a scale of one inch equals 100 feet or less. The map shall include:

a. The boundaries of each proposed lot, public right-of-way, and easement;

b. Any special geographic or environmental conditions (e.g., steep slopes, wetlands, floodplains, etc.);

c. Existing utilities, improvements and uses;

d. The proposed zoning, type of development, use, and estimated development schedule.

2. A vicinity map at a scale of one inch equals 200 feet or less that shows the location of the proposed major subdivision and proposed public infrastructure; existing, adjacent public streets; existing water, sewer, and storm drain mains; and existing buildings and uses within the proposed major subdivision.

3. A completed environmental checklist.

B. The building inspector shall review the preliminary proposal and prepare for the subdivider written recommendations regarding the proposed major subdivision. The building inspector shall also deliver a copy of the recommendation to the Palouse planning commission. The recommendations shall be based upon: (1) the standards for major subdivisions as set forth in PMC 18.04.060; (2) upon the public interest being served by the proposed subdivision; (3) the adequacy of the provisions for public health, safety, and welfare in the proposed major subdivision; and (4) upon the ability of the city to provide the services (e.g., water, sewer, police, fire, etc.) needed by the proposed uses to be accommodated in the proposed major subdivision. [Ord. 676 §12, 1996].

18.04.120 Major subdivision – Preliminary plat.

A subdivider shall submit a preliminary plat for a proposed major subdivision to the Palouse city planning commission. The preliminary plat may be submitted at the same time the preliminary proposal is submitted to the building inspector, or any time after the building inspector has reviewed and made recommendation regarding the preliminary proposal as set forth in PMC 18.04.100. The preliminary plat shall include:

1. The information required for the preliminary proposal.

2. A plat map, at a scale of one inch equals 100 feet or less, of the parcel to be subdivided that shows, in addition to the information required for the map in the preliminary proposal, the following information:

a. The location, widths, and names of existing and proposed streets, public rights-of-way, easements, pedestrian paths, parks and other public areas;

b. Elevation contours at five-foot intervals;

c. The size and location of existing and proposed water, sewer, and storm drain lines;

d. Distances to the nearest established streets or official monuments that can be used to accurately establish the location of the proposed plat;

e. The name of the subdivision;

f. The name and address of the registered land surveyor who prepared the plat map and who shall locate property line markers;

g. The name(s) and address(es) of the property owner(s) of the property to be subdivided.

3. A vicinity map at a scale of one inch equals 200 feet or less that shows, in addition to the information required for the map in the preliminary proposal, the existing, adjacent public streets, water mains, sewer mains, and buildings and uses within 600 feet of the proposed major subdivision.

4. The names and addresses of landowners within 300 feet of the boundaries of the proposed major subdivision.

5. The legal description of the property being subdivided, existing lots, proposed lots, easements, and public rights-of-way.

6. The proposed schedule for completing any required public improvements.

7. Such other information as may be required in a preliminary plat under the provisions of this chapter or Chapter 58.17 RCW.

Additionally, if a complete environmental review for the proposed major subdivision is required under state law or this code, the subdivider shall prepare and submit as part of the preliminary plat a preliminary draft environmental impact statement. [Ord. 676 §13, 1996].

18.04.130 Major subdivision – Preliminary plat – Planning commission review – Hearing – Decision.

A. Within 30 days after receipt from the subdivider of all documents, information, environmental impact statements, and fees required for the preliminary plat for a proposed major subdivision, the planning commission shall hold a public hearing to obtain comments on the preliminary plat. Notice of the hearing shall be as provided in RCW 58.17.090, and as specified in PMC 17.16.040.

B. Prior to the public hearing on the proposed major subdivision, the planning commission shall cause the preliminary plat for the proposed major subdivision to be circulated for review and comment to the following:

1. School District No. 301;

2. Whitman County health department;

3. Whitman County board of commissioners, if the proposed major subdivision is adjacent to lands included in unincorporated Whitman County; and

4. To the Washington State Department of Transportation, if the proposed major subdivision includes lands adjacent to a state highway.

C. At a regular public meeting of the planning commission within 30 days after the public hearing, the planning commission shall decide on their recommendation to the city council for the approval, or approval subject to conditions, or rejection of the proposed preliminary plat. The commission shall issue written findings of fact to support its recommendations. The commission shall base its recommendations on: (1) any recommendations of the building inspector regarding the subdivider’s preliminary proposal; (2) the standards for major subdivisions as set forth in PMC 18.04.060; (3) the adequacy of the provisions for public health, safety, and welfare in the proposed subdivision; and (4) the ability of the city to provide the services (e.g., water, sewer, police, fire, etc.) needed by the proposed uses to be accommodated in the proposed subdivision. The recommendations of the planning commission shall be submitted to the city council within 14 days after the date of the commission’s decisions. [Ord. 676 §14, 1996].

18.04.140 Major subdivision – Preliminary plat – City council review – Hearing – Decision.

A. Within 60 days after receipt of the planning commission’s recommendations regarding the preliminary plat for a proposed major subdivision, the city council shall consider and decide whether to approve the preliminary plat (including any dedications included in it), approve it subject to certain conditions, or reject it; provided, the city council shall not make a decision different from that recommended by the planning commission without first holding a public hearing to obtain comments on the preliminary plat. Notice of any such hearing shall be given as provided in PMC 18.04.120(A). The decision of the city council shall be based upon written findings of fact. If the city council adopts the recommendation of the planning commission, the city council may adopt as its written findings the written findings of fact issued by the planning commission.

B. Approval of a preliminary plat by the city council shall not constitute approval of any construction standards for any public improvements that may be required. All plans and specifications for construction of improvements shall be completed through the city’s standard plan review and construction permit process, and shall be subject to review and certification by the city public works supervisor that the plans and specifications meet all applicable standards and specifications required by the city for such improvements. [Ord. 676 §15, 1996].

18.04.150 Major subdivision – Final plat – Conditions for approval – City council review.

A. A final plat for a major subdivision shall be submitted to the city council within 24 months after the date of the city council’s approval of a preliminary plat for the subdivision; provided, at the request of the subdivider, the city council may grant an extension of up to 24 additional months before the final plat must be submitted. If the final plat is not submitted within the designated period (or within the period of any extension of the designated period), the application for the proposed major subdivision shall lapse and become null and void.

B. The final plat for a major subdivision shall include:

1. The information required for the preliminary plat;

2. As-built drawings for all public improvements;

3. A final plat map prepared under the supervision of a registered land surveyor with a certification that the plat map is true and correct and that permanent control monuments have been correctly installed at each corner of the boundaries of the parcel of land being subdivided; and

4. Such other information as may be required for final plats under Chapter 58.17 RCW, or any applicable provisions of the Palouse Municipal Code.

C. As a condition to approval of any final plat for a major subdivision, all public improvements shall be installed or the subdivider shall provide a performance bond or alternative security acceptable to the city to ensure that all such improvements will be installed within a schedule acceptable to the city council. For the purposes of this section, no public improvement shall be considered “installed” until the city public works supervisor or his or her designee has inspected the improvement and certified that it conforms to all standards and specifications required by the city for such improvements. Too, as a condition of approval of any final plat, the city shall require the subdivider to reimburse the city for its actual costs for publishing legal notices, postage, document preparation, or engineering or consultant fees incurred in conjunction with the review of the preliminary proposal or final plat. The final plat must be approved by the city council before any lots within the subdivision are sold, and before any buildings are constructed within the subdivision.

D. Within 30 days after the city council has received all documents required for review and approval of the final plat, the council shall review the final plat to determine whether it complies with the requirements of any state laws or provisions of the Palouse Municipal Code which may be applicable, and whether all conditions imposed by the city council as a condition of approval of the preliminary plat at have been met. If all such requirements and conditions have been met, the city council shall approve the final plat and make written findings of fact that the major subdivision conforms to applicable zoning and land use controls. Otherwise, the city council may either reject the final plat, or return it to the subdivider for corrective action. If the final plat is returned to the subdivider for corrective action, such action shall be completed within a reasonable time period specified by the city council.

E. Within 60 days after approval of the final plat for a major subdivision, the plat shall be recorded in the office of the Whitman County auditor and copies shall be distributed in accordance with RCW 58.17.170. The major subdivision shall not be effective for any purpose until the final plat has been recorded. [Ord. 676 §16, 1996].

18.04.160 Review of decisions.

A. Decisions of the planning commission on applications for minor subdivisions shall be subject to appeal to the city council. Such appeals shall be initiated by a written notice of appeal filed with the city clerk-treasurer not later than 30 days after the date of the building inspector’s final decision is issued.

B. The decision of the city council upon appeal of a decision of the planning commission approving or disapproving any minor subdivision plat, and any decision of the city council approving or disapproving any plat, shall be reviewable by the Whitman County superior court as provided in (and subject to the requirements of) RCW 58.17.180. [Ord. 676 §17, 1996].

18.04.170 SEPA compliance periods excluded from time lines.

All time periods specified in this chapter for hearings, reviews, and decisions shall be exclusive of any time delays reasonably resulting from compliance with any of the provisions of the State Environmental Policy Act as codified under Chapter 11.02 PMC. [Ord. 676 §18, 1996].

18.04.180 Fees and costs.

A. An application fee shall be assessed for all preliminary proposals for subdivisions submitted to the city for consideration, and a processing fee shall be assessed for all major subdivision final plats submitted. The fee shall be due from the subdivider at the time the proposal or plat is submitted; No such proposal or plat shall be considered until the applicable fee has been received by the city clerk-treasurer. The amount of these fees shall be fixed from time to time upon resolution of the city council. In absence of any such resolution, the fees shall be as follows:

1. Minor subdivision, preliminary proposal, $75.00;

2. Major subdivision, preliminary proposal, $250.00;

3. Major subdivision, final plat, $125.00, plus $5.00 for each lot in the subdivision.

B. A filing fee shall be assessed for any notice of appeal filed pursuant to PMC 18.04.160(A). The fee shall be due from the appellant, and shall be paid at the time the notice is filed; no appeal shall be accepted for filing until the city clerk-treasurer has received the fee. The amount of the fee shall be fixed from time to time by resolution of the city council. In absence of such resolution, the filing fee shall be fixed at that amount which is equal to 75 percent of the application fee assessed for the preliminary proposal for the subdivision that is the subject of the appeal. [Ord. 676 §19, 1996].