Chapter 16.10
LAND DIVISIONS AND PLATTING
Subchapters
16.10.000 General
16.10.100 Preliminary Subdivisions
16.10.200 Final Subdivisions
16.10.300 Alterations and Vacations
16.10.400 Binding Site Plans
16.10.500 Boundary Line Adjustments
16.10.600 Subdivision Variances
Prior legislation: Ord. 566A.
Sections:
16.10.015 Applicability/exemptions.
16.10.025 Review for conformity with other codes.
16.10.030 General requirements.
16.10.040 No development permits if violation.
16.10.050 Modifications or variances.
16.10.010 Purpose.
This chapter governs the division and re-division of land into lots for the purpose of sale, lease or other transfer by utilizing one of the following processes: Short Subdivision, Long Subdivision, and Binding Site Plan. This chapter also governs the minor adjustment of boundary lines through the Boundary Line Adjustment process. The intent of this chapter is to carry out the policies of the comprehensive plan, the city-wide Planning Policies and the laws of the State of Washington relating to land division. (Ord. 812 §1 (part), 2005).
16.10.015 Applicability/exemptions.
This chapter shall apply to all divisions and re-divisions of land for the purposes of sale, lease or other transfer except the following per RCW 58.17.040:
A. Cemeteries and other burial plots while used for that purpose.
B. Divisions of land into lots each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres of larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size under this subsection exemption of any lot that borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center line.
C. Divisions made by testamentary provisions, or the laws of descent; provided, that newly created parcels are subject to all zoning and building code regulations in effect at the time of the filing of a complete development permit application for such parcel.
D. A division for the purpose of leasing land for facilities providing personal wireless services as defined by RCW 58.17.040 while used for that purpose.
E. A division of land into lots or tracts for electric utility facilities as defined and permitted by RCW 58.17.040. (Ord. 812 §1 (part), 2005).
16.10.017 Definitions.
As used in this subchapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
“Binding site plan” means a drawing which:
1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and
3. Contains provisions making any development be in conformity with the site plan.
Binding site plans are often used in the event of business sites or condominiums in which there is shared ownership in common areas or binding conditions upon property owners.
“Block” is a group of lots, tracts, or parcels within well defined and fixed boundaries.
“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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 final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.
“Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.
“Legal lot” includes tracts, parcels, sites or other divisions with legally defined boundaries.
“Lot” is 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 include tracts or parcels.
“Planning commission” means that body as defined in Chapter 35A.63 RCW as designated by the city council.
“Plat” is a map or representation of a 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” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
“Short plat” is the map or representation of a short subdivision.
“Short subdivision” is 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. However, in some situations the maximum can be increased to eight.
“Subdivision” or “long subdivision” is 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, except as provided in PMC 16.10.115. (Ord. 812 §1 (part), 2005).
16.10.020 General provisions.
A. Only a legal lot may be divided.
B. For the purpose of determining the gross acreage of a proposed land division, the acreage shall include that area which would be bounded by the centerline of any existing public road or street, which is adjacent to the land division, and the side lot lines of the lot running perpendicular to such centerline.
C. For the purposes of determining whether proposed lots within a proposed land division meet the minimum lot size of the zone, the proposed lot acreage shall include:
1. That area which would be bounded by the center line of any existing public road or street which is adjacent to the lot and the side lot lines of the lot running perpendicular to such center line; and
2. That area which would be bounded by the centerline of any proposed public or private road or street, which is adjacent to the lot and internal to the land division, and the side lot lines of the lot running perpendicular to such center line. (Ord. 812 §1 (part), 2005).
16.10.025 Review for conformity with other codes.
The Approving Authority’s decision may be to grant or deny any application or to require of the applicant such conditions, modifications, and restrictions as are found necessary to make the application compatible with its environment and carry out the objectives and goals of this chapter, RCW 58.17.110, the comprehensive plan, and other codes and ordinances of the city of Pomeroy. (Ord. 812 §1 (part), 2005).
16.10.030 General requirements.
The following requirements shall be met for any land division under this chapter to be approved, as appropriate for the particular lot or lots. In addition to these general requirements, any specific requirements relevant to each individual type of land division are found in their respective sections of this chapter.
A. The proposed land division shall comply with the applicable provisions of the comprehensive plan of Garfield County and the city of Pomeroy.
B. Adequacy of Access. Each lot within a land division shall have approved access to a street conforming to city street standards, unless an alternative standard has been approved by the director of public works in a preapplication meeting and documentation of such approval is submitted with the development application. To assure safe and adequate access, the director of public works:
1. May approve private streets, provided the private street requirements contained in the city Street Standards as adopted are met, and provided adequate provision should be made for access to the private street by future land divisions; and may approve easements as alternates to streets.
2. May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways, in accordance with the city Street Standards.
3. Shall be satisfied that the applicant has demonstrated sufficient access right, where access to the land division is gained via a private road or street.
4. May require off-site improvements to public or private streets needed to provide access from the subdivision to a road or street acceptable to the director of public works.
5. May assure that the number of lots to be served by the street system complies with the Street Standards.
C. Safe Walking Conditions for School Children. In cases where a school is located within a mile of a long subdivision, where it is likely the children will walk to school, information regarding pedestrian needs generated by the project will be required and reviewed. Where deemed necessary, safe walkways between the land division and the school may be required.
D. Public Street Rights-of-Way. Dedication or deeding to the city of right-of-way or a portion thereof for public streets shall be required within or along the boundaries of all land divisions or of any lot(s) within them where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development and where one or more of the following circumstances are met:
1. The city’s Transportation Plan indicates the necessity of a new or additional right-of-way or portion thereof for street purposes.
2. The dedication is necessary to extend or to complete the existing or future neighborhood street pattern to provide a public transportation system that supports future development of abutting property consistent with the comprehensive plan or city zoning code.
3. Where necessary to provide additions of right-of-way to existing city right-of-way to meet city street standards.
4. Minimum street frontage of each lot shall be as specified by the Pomeroy Public Works Standards. Panhandled or flag lots will only be allowed if there is no other feasible access, as determined by the director of public works in a preapplication meeting and documentation is submitted with the development application. Newly constructed contiguous or adjoining easements for access purposes are not permitted.
E. Water and Sewer. For lots intended to be developed for uses other than agricultural use, evidence must be supplied from the director of public works of the availability of water to serve the projects, or, if individual wells are to be utilized, county health department and/or State DOH documentation approving the well sites and water right certificates must be provided. For lots intended to be developed for uses other than agricultural use, the method of sewage disposal and approval shall also be provided. If using city sewer servers, evidence of availability must be provided by the director of public works, and if individual and community septic disposal is to be used, county heath district approval of the site(s) including percolation tests must be provided.
If sewer and water services are to be supplied by the city, information shall be provided by the applicant as to specifications and locations of those utilities that will be provided by the applicant following city and state standards.
F. If any portion of a proposed land division is located within a flood control zone as provided in Chapter 86.16 RCW, written approval must be obtained from the director of public works and the application shall indicate the methods by which development will met Federal Emergency Management Agency (FEMA) requirements as indicated in Chapter 16.18 PMC.
G. Proposed land divisions bordering upon waters of the State may be required to provide public access to and along such waters.
H. All construction and site development activities related to the land division are prohibited until (a) the preliminary land division is approved, and (b) engineering plans for utilities, (water, sewer, power, communications), transportation, dedications, floodplains, and critical areas are approved which are based on the proposed preliminary land division. (Ord. 812 §1 (part), 2005).
16.10.035 Phased development.
An Applicant who chooses to develop a site in phases or divisions shall submit to the city a phasing plan in conjunction with the specific land division application for concurrent review. Site improvements designed to relate to, benefit, or be used by the entire development shall be noted on the phasing plan. The phasing plan shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a phasing plan has been approved, the information contained therein shall be shown on, or the phasing plan shall be attached to and made a part of, the specific land division application. Approval of a phasing plan does not constitute approval of the land division. (Ord. 812 §1 (part), 2005).
16.10.040 No development permits if violation.
No building permit or other development permit shall be issued for any lot divided in violation of this chapter, unless the permit is sought by an innocent purchaser. The innocent purchaser shall be entitled to recover their costs for determining compliance with this chapter from any person, firm, corporation, or agent that sold or transferred the lot in violation of this chapter, pursuant to the provisions of RCW 58.17.210. (Ord. 812 §1 (part), 2005).
16.10.045 Innocent purchaser.
A. An innocent purchaser shall not previously have been granted innocent purchaser status by the city of Pomeroy or Garfield County. All contiguous lots created in violation of this title which are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot and combined through a boundary line adjustment.
B. An innocent purchaser of a lot created in violation of this chapter who files a notarized affidavit of innocent purchase with the director of public works on forms satisfactory to the city shall be treated as follows for purposes of determining zoning compliance, and for establishing eligibility for building permits and future subdivisions:
1. A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area lot width, and lot area.
2. Innocent purchaser lots which do not meet current zoning requirements, but which did meet development requirements in effect at the time that they were created, will be treated the same as legally created lots.
3. Innocent purchaser lots which do not meet current zoning requirements and which did not meet the development requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits.
C. Any innocent purchaser may, alternatively, rescind the sale or transfer of the subject property and recover the costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby as provided in RCW 58.17.210. (Ord. 812 §1 (part), 2005).
16.10.050 Modifications or variances.
Any request for a variance from or modification to any of the requirements of this chapter other than to density or land use changes shall be processed as a development code variance, pursuant to the variance requirements of Chapter 16.22 PMC (Zoning and Land Use) or Chapter 16.30 PMC (Public Works Standards). Variances to density and land use would constitute a rezone and shall follow procedures for a rezone in Chapter 16.22 PMC. Applications for variances shall be heard concurrent with the land division proposal. Applications for density or land use changes shall be heard prior to or concurrent with the land division proposal. (Ord. 812 §1 (part), 2005).
Subchapter 116.10.100
Preliminary Subdivisions
Sections:
16.10.120 Application requirements for preliminary subdivisions.
16.10.125 Additional application requirements for long subdivisions.
16.10.135 Preliminary short subdivision – Approval.
16.10.140 Preliminary long subdivision public hearing – Notice.
16.10.145 City council approval/disapproval.
16.10.150 Preliminary subdivision approval duration.
16.10.155 Revisions to approved preliminary subdivisions.
16.10.110 Purpose.
The purpose of this chapter is to specify requirements for the segregation of land into short subdivisions (normally four or fewer lots) and long subdivisions (normally five or more lots) in accordance with applicable state and city laws, rules and regulations, including permit processing procedures. See PMC 16.10.015 for applicability/exemptions. (Ord. 812 §1 (part), 2005).
16.10.115 Limitations.
All preliminary subdivisions must be finalized per PMC 16.10.200 (Final Subdivision) for lots to be created. The following general limitations shall apply to all short subdivision applications:
A. A maximum of four lots may be created by any single application.
B. A maximum of eight lots may be created from two or more contiguous parcels with any common ownership interest.
C. Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, or eight in the case of subdivision of two or more contiguous parcels in subsection (B) of this section, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots, or eight in the case of subdivision of two or more original contiguous parcels in two within the original plat boundaries. (Ord. 812 §1 (part), 2005).
16.10.120 Application requirements for preliminary subdivisions.
A. The Applicant shall prepare a neat and approximate drawing of a proposed subdivision, showing thereon the division of a legal lot into lots, blocks, streets and alleys, or other divisions and dedications. The following information is required on the preliminary plat map:
1. The date, scale, and a north arrow.
2. Total area of the portion to be platted, and adjacent tracts when under the same ownership.
3. The layout and names of existing and proposed streets and utilities, including existing and proposed easements; the location of municipal boundaries, township lines, and section lines; and additional right-of-way required for substandard roads or streets. Proposed streets shall be differentiated as such.
4. The locations, dimensions, and square footage of all proposed lots and tracts. Lots and tracts shall be sequentially numbered.
5. Floodway and floodplain lines, notation of flood hazard zone and map panel reference number if located in a floodway and/or floodplain area.
6. The location and identification of critical areas and protected critical area buffers pursuant to Chapter 16.16 PMC (critical areas ordinance), if needed.
7. If the subdivision is to be served by a well or wells, the area reserved for the well and the protection of same shall be shown on the plat.
8. The location of any wellhead protection areas that fall on the subject property from any adjacent off-site wells.
9. A phasing plan, acreage of phases, and time schedules, if the site is intended to be developed in phases.
10. Legal description of the boundaries of the land. It is recommended that the applicant establish the boundaries of the land before making application so that adjustments do not need to be made after actual property survey for the final plat.
11. A vicinity sketch of the location with the scale suitable to the size of the project.
12. Section subdivision showing the boundary of the plat in relation to the section, with notation of Section, Township, and Range. This information may be done as an insert drawn to a convenient scale or included within the boundary of the parcel as approved by the director of public works.
B. A complete application form provided by the director of public works shall be provided, with supporting documents from those listed below, as required by the director of public works, that contain sufficient information to determine compliance with adopted rules and regulations:
1. The name and address of all owners of record.
2. All restrictions proposed to be imposed on the use of the land.
3. A completed environmental checklist, if required by Chapter 16.14 PMC (SEPA), and WAC 197-11.
4. If critical areas are present on the site or within two hundred feet, a critical areas assessment pursuant to Chapter 16.16 PMC (Critical Areas).
5. A drainage plan in conformance with the requirements contained in Chapter 16.20 PMC (Drainage).
6. Proposed articles of incorporation, bylaws, and Covenants, Conditions and Restrictions (CC&Rs), if any.
7. Documentation of the date and method of original segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
8. If appropriate, the method of sewage disposal. If city sewer is used, indication from the director of public works that such service can be provided. If individual sewage disposal is used then Garfield County health department approval and percolation test.
9. If appropriate, the method of water supply. If city water is used, indication from the director of public works that such service can be provided. If private water systems or individual wells, then applications shall include compliance with any applicable State regulations regarding water use and/or water wells.
10. If a subdivision of three or more lots, a preliminary plan for transportation, utilities (communication, water, sewer), and drainage meeting city public works standards, Chapter 16.30 PMC.
11. A list of any other permit applications having been filed for the same site by the applicant.
12. Payment of any required fees.
13. Any additional information determined to be necessary to demonstrate compliance with other portions of the Pomeroy Municipal Code as specified by the director of public works.
C. Waiver. The director of public works may waive specific submittal requirements determined to be unnecessary for review of the application. (Ord. 812 §1 (part), 2005).
16.10.125 Additional application requirements for long subdivisions.
A. Ground contours with intervals of five feet or less, unless otherwise determined by the director of public works.
B. Assessor’s list of property owners within three hundred feet.
C. Location, number and description of types of any existing and proposed community recreational facilities on site.
D. A conceptual grading plan showing proposed topography detailed to 5-foot contours.
E. A title report issued within ninety days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting said site. (Ord. 812 §1 (part), 2005).
16.10.130 Review process.
Whenever the city receives a preliminary application of a proposed short or long subdivision that is located adjacent to the right-of-way of a state highway, the director of public works shall give written notice of the application, including a legal description of the short or long subdivision and a location map, to the Department of Transportation to gather information from the DOT regarding the effect of the subdivision upon the impact upon the state highway system per RCW 58.17.080 and RCW 58.17.155.
Preliminary short subdivisions shall be processed as a Level I application or Level II when with SEPA or Critical Area review, per Chapter 16.06 PMC.
Preliminary long subdivisions with fewer than nine lots shall be processed as a Level I application or Level II when with SEPA or Critical Area review, per Chapter 16.06 PMC.
Preliminary long subdivisions with nine or more lots shall be processed as a Level IVA application, Chapter 16.06 PMC.
The review process shall determine conformity with the applicable approval requirements of PMC 16.10.000E and any additional applicable approval requirements in Chapter 13.04 PMC (Water), Chapter 13.08 PMC (Sewer), Chapter 16.14 PMC (SEPA), Chapter 16.22 PMC (Zoning and Land Use), Chapter 16.16 PMC (Critical Areas), Chapter 16.12 PMC (Concurrency), and Chapter 16.20 PMC (Drainage).
The review process shall determine conformity with requirements for transportation, communication and utilities per Chapter 16.30 PMC (Public Works Standards). (Ord. 812 §1 (part), 2005).
16.10.135 Preliminary short subdivision – Approval.
A. Preliminary plats of any proposed short subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction by the director of public works within thirty days from date of filing thereof unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the thirty day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.
B. A proposed subdivision and dedication shall not be approved unless the director of public works makes written findings that:
1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks, and planning features that safe walking conditions for students within one mile who only walk to and from school;
2. The public use and interest will be served by the platting of such subdivision and dedication; and,
3. Appropriate provisions are made for zoning regulations, drainage, critical areas, flood plains, and utilities. (Ord. 812 §1 (part), 2005).
16.10.140 Preliminary long subdivision public hearing – Notice.
A. Upon receipt of an application for preliminary long subdivision and plat approval the director of public works shall, in cooperation with the planning commission, provide public notice and set a date for a public hearing to be conducted by the planning commission. Notice of the hearing shall be given in the following manner:
1. Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the city; and
2. Special notice of the hearing shall be given to adjacent landowners by mail. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice shall be given to owners of real property located within three hundred 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.
B. All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form including, but not limited to, identification by legal description, an address, written description, vicinity sketch, or other reasonable means.
C. The planning commission review the preliminary subdivision application and preliminary plat, conduct a hearing, and shall make recommendations for approval or disapproval of the proposed subdivision and plat to the city council. The recommendation shall be provided to the city council within fourteen days of the hearing. (Ord. 812 §1 (part), 2005).
16.10.145 City council approval/disapproval.
A. Upon receipt of the recommendation on a preliminary long subdivision and long plat, the city council shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the planning commission and may adopt or reject the recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the planning commission’s recommendation approving or disapproving any preliminary long subdivision and long plat is necessary, the city council shall adopt it’s own recommendations and approve or disapprove the preliminary long subdivision and long plat.
B. A proposed subdivision and dedication shall not be approved unless the city council makes written findings that:
1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks, and planning features that safe walking conditions for students within one mile who only walk to and from school; and
2. The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 812 §1 (part), 2005).
16.10.150 Preliminary subdivision approval duration.
A. Preliminary short subdivision approvals shall be valid for thirty-six months.
B. Preliminary long subdivision approvals shall be valid for sixty months.
C. If any condition is not satisfied and the final short or long subdivision is not recorded within the approval period, the preliminary short or long plat approval shall be null and void.
D. If the final subdivision is being developed in phases, the initial phase must be recorded within the approval period, or the subdivision is null and void. Additional phases may continue to have validity, based on a phasing schedule established by the preliminary approval. (Ord. 812 §1 (part), 2005).
16.10.155 Revisions to approved preliminary subdivisions.
Applications to revise short or long subdivisions that have received preliminary approval, but not final approval, shall comply with the following:
A. Revisions that result in any substantial changes as determined by the director of public works, shall be treated as a new application for purposes of vesting and shall be reviewed under the same process required for the preliminary subdivision, pursuant to Chapter 16.06 PMC (Administration of Permits and Development Regulations). For the purpose of this section, substantial change includes:
1. The creation of additional lots;
2. Changes in access points that are inconsistent with the Street Standards; or
3. Change in the proposal that leads to built or natural environmental impacts that were not addressed in the original approval.
B. Approval of the following modifications by the city shall not be considered substantial revisions:
1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval.
2. Changes in lot dimensions that are consistent with Chapter 16.22 (Zoning and Land Use).
3. A decrease in the number of lots to be created. (Ord. 812 §1 (part), 2005).
Subchapter 116.10.200
Final Subdivisions
Sections:
16.10.215 Improvements required for final short or long subdivisions.
16.10.220 Maintenance of private streets, utilities, and community property – easements.
16.10.225 Final long subdivision approval requirements.
16.10.230 Application requirements for short or long final subdivisions.
16.10.235 Review for approval process.
16.10.240 Filing of the final plat.
16.10.210 Purpose.
The purpose of this subchapter is to specify provisions that must be satisfied prior to the final approval and recording of final subdivision plat maps for those preliminarily approved long and short subdivisions. Issuance of building permits or sale or lease of lots within a subdivision is not permitted until the final subdivision is recorded with one exception. In recognition of the original building right, one building permit on the original parcel may be pursued during the subdivision process, so long as it conforms to the approved preliminary subdivision.
Final short plats and long plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of submission complete with all documents and recommendations, unless the applicant consents to an extension of such time period. A final long plat meeting all requirements of this chapter shall be submitted to the legislative body of the city for approval within five years of the date of preliminary long subdivision and long plat approval. (Ord. 812 §1 (part), 2005).
16.10.215 Improvements required for final short or long subdivisions.
Before obtaining final subdivision approval, the applicant shall complete the required improvements or provide bond in lieu of actual construction of streets, sewer, water, and drainage as provided by RCW 58.17.130. The city council shall determine requirements and methods of security upon written request of the applicant.
Any request for bonding in lieu of actual construction must be made and approved before application for final approval of the subdivision and plat. (Ord. 812 §1 (part), 2005).
16.10.220 Maintenance of private streets, utilities, and community property – easements.
All private streets, easements, community utilities and properties shall be owned and maintained by separate corporate entity or the owners of property served by the facility and kept in good repair and adequate provisions shall be made for appropriate pro-rata contributions for such maintenance by any future land divisions that will also use the same private street.
In no case shall the city accept a dedication or any obligation as to any such utility developments, road, street, and/or alley until the same and all utility developments, roads, streets, and/or alleys connecting the same to the full, current city systems have been brought to full, current city and state standards.
Required easements for utility installation and maintenance shall be provided on all private streets. (Ord. 812 §1 (part), 2005).
16.10.225 Final long subdivision approval requirements.
Prior to submission for approval of the final subdivision and plat, the following requirements shall be met:
A. All final subdivisions shall conform to the conditions in the preliminary subdivision approval.
B. Each long preliminary plat submitted for final approval of the city council shall be accompanied by the following department and agency written recommendations for approval or disapproval:
1. City water and sewer department or other agency or district furnishing or approving sewage disposal and supplying water as to the adequacy and approval of the proposed means of sewage disposal and water supply.
2. City of Pomeroy planning commission as to compliance with all terms and conditions of the preliminary approval of the proposed plat subdivision and/or dedication.
3. director of public works as to preliminary plans for layout of streets, alleys and other rights-of-way, drainage controls, water, sewer and other proposed or conditioned improvements and structures which shall be prepared and submitted by the applicant and reviewed and approved by the director of public works prior to the commencement of on-site clearing or construction activities and approval of the final subdivision and plat. In the case of long subdivisions and plats, there shall include a statement of approval from an engineer acting on behalf of the city with regard to such items. (Ord. 812 §1 (part), 2005).
16.10.230 Application requirements for short or long final subdivisions.
A. Survey. A survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands surveyed. The survey, monumentation, and plat drawings shall be made following the recommendations of the Department of Natural Resources and adopted as WAC 332-130.
The director of public works may make exception shall for short subdivisions of three or less lots in which the lots have been divided for agriculture uses only and can be described by legal description referenced to known established monumentation and the legal description is in exact bearings and distances.
B. Plat. A final subdivision neatly drawn on tracing cloth or equivalent material and two dark line prints thereof shall be submitted to the city.
C. Contents of Final Plat. In addition to the mapping specifications required in WAC 332-130, the final subdivision shall show:
1. All existing monuments of record, courses and distance necessary to restake any portion of said plat from said map. All other surrounding property shall be labeled in dotted lines whether platted or otherwise.
2. Bearings of all lots, tracts, and centerlines of public and private roads or streets within the project boundary.
3. Individual lot accesses, distance of accesses to property lines, and street names.
4. Street names as previously determined by the city or provided by the applicant and approved by the director of public works.
5. Building addresses as provided by the director of public works per PMC 14.16.
6. A certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
7. Official seals of attesting officers and of the registered land surveyor who platted said property shall be on the final tracing, if surveyed.
8. The final plat shall show acknowledgments, dedications, approvals by the director of public works and the county health officer or their designees, and, if surveyed, the certificate of the registered land surveyor who platted said property. Any conditions of approval will be noted on the face of the plat, or reference shall be made to any recorded documents containing conditions of approval or any pertinent covenants and restrictions. The subdivision shall contain all other notes or certifications that the administrative official determines are necessary to satisfy the conditions of plat approval.
9. All proposed lots less than five acres in size will require any well-protection zone(s) and approved on-site sewage system area(s) to be shown on all preliminary and final plat maps. If the well protection zone exercises the right to provide this sanitary control of the land through other legal provisions, such as recorded covenants or easements, these must be depicted on or recorded references must be shown on the plat.
10. When a private road or street is included in the land division the following note shall be included on the final plat: “In no case shall the city accept a dedication or any obligation as to any such road, street, and/or alley until the same and all roads, streets, and/or alleys connecting the same to the full, current city street system have been brought to full, current City Street Standards.”
D. For surveyed lots, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided per RCW 58.17.240.
E. For surveyed lots, 1-inch diameter iron pipes or 1/2-inch rebar with identifying plastic cap shall be set at all lot corners (pipe length determined by soil conditions); cased monuments shall be set in asphalt street or roads. Temporary staking may be substituted prior to and during construction. Final staking shall be completed after utilities have been installed and roads constructed to sub grade standards. The director of public works may allow other acceptable monuments.
F. Plat supporting documents shall be as follows:
1. The Applicant shall also provide certification from the Garfield County treasurer’s office that property taxes for the subject property are not delinquent prior to the issuance of a final approval.
2. All fees shall be provided, including required bonding, and fees in lieu.
3. A typewritten or otherwise printed copy of protective deed covenants shall accompany the final subdivision, if applicable.
4. A certificate giving a full and correct description of the lands divided as they appear on the short plat or long plat, including a statement that the short subdivision or long subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
5. If the short plat or long plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the short plat or long plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said street or road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
6. Every short plat and long plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
7. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the city as a condition of approval. Streets not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. (Ord. 812 §1 (part), 2005).
16.10.235 Review for approval process.
Final short subdivisions shall be reviewed as a Level IIB application, per Chapter 16.06 PMC.
Final long subdivisions shall be reviewed as a Level IVB application, per Chapter 16.06 PMC.
No short plat or long plat may be approved unless the approving authority makes a formal written finding of fact that he proposed short subdivision or long subdivision is in conformity with any applicable ordinance or other land use controls which may exist. (Ord. 812 §1 (part), 2005).
16.10.240 Filing of the final plat.
All final short and long plats shall be recorded in the county auditor’s office only after approval by the approving authority. The director of public works shall be responsible for recording of the final short and long plat within thirty days of approval. All required fees shall be paid by the applicant prior to recording. After the plat tracing and required accompanying documents have been filed for record with the county auditor, they shall become the property of the city of Pomeroy.
No short or long division and short or long plat are approved and final and complete until they have been recorded with the Garfield County auditor’s office.
Prior to signature and final approval of a subdivision, the director of public works shall return the plat tracing to the engineer or land surveyor of record, and no other party, for necessary corrections. (Ord. 812 §1 (part), 2005).
Subchapter 116.10.300
Alterations and Vacations
Sections:
16.10.310 Alterations of final subdivisions and plats.
16.10.320 Vacations of a final subdivision and plat.
16.10.310 Alterations of final subdivisions and plats.
Alterations or revisions after a final subdivision has been approved and recorded shall be processed in accordance with RCW 58.17.215 through RCW 58.17.218 and shall comply with regulations in effect at the time the alteration application was submitted. Alteration applications and recording documents shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision to be altered or any portion to be altered.
If the final subdivision is subject to restrictive covenants that were filed at the time of the approval of the final subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement based on the terms and conditions of the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
An application for an alteration of an approved final subdivision shall be processed as a Type IVA permit per Chapter 16.06 PMC. The application may be approved if the proposed alteration is consistent with the requirements of the PMC.
After approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final subdivision, to be processed in the same manner as set forth for final subdivisions in this chapter.
Any features contained on the original subdivision that has been relied upon in subsequent land development or city planning decisions shall be incorporated into the alteration. (Ord. 812 §1 (part), 2005).
16.10.320 Vacations of a final subdivision and plat.
Subdivision vacations shall be processed as follows and in accordance with the provisions of RCW 58.17.212.
Subdivision vacation applications shall be reviewed as a Type IVA permit per Chapter 16.06 PMC.
Applications for vacations of city streets may be processed pursuant to this chapter only when such street vacations are proposed in conjunction with the vacation of the plat. Vacations limited to city roads shall be processed in accordance with Chapter 35.79 RCW and Chapter 12.08 PMC (Streets). (Ord. 812 §1 (part), 2005).
Subchapter 116.10.400
Binding Site Plans
Sections:
16.10.420 Complete application.
16.10.430 Approval requirements.
16.10.440 Recording and binding effect.
16.10.445 Site Improvements required prior to approval of building permit.
16.10.450 Alterations of approved binding site plan.
16.10.455 Vacations of recorded binding site plans.
16.10.410 Purpose.
The purposes of this section are:
A. To provide an alternative administrative method for division of land for commercial and industrial zoned property or for condominiums;
B. To allow the director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar uniform codes adopted by the city;
C. To allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and
D. To specify administrative requirements for binding site plans in accordance with applicable Washington State and city of Pomeroy laws, rules and regulations. (Ord. 812 §1 (part), 2005).
16.10.415 General provisions.
Any person seeking the use of a binding site plan to divide his or her property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property, or creation of condominium units, is required to apply for, complete and have approved a binding site plan, as provided in Chapter 58.17 RCW and as required by this chapter.
The site that is subject to the binding site plan may be reviewed independently, based on as-built plans, for fully developed sites.
Binding site plans shall be required for any commercial or industrial development that involves two or more leases or transfers of ownership which do not undergo a short plat or subdivision procedure.
The site that is subject to the binding site plan shall consist of one or more contiguous legal lots of record. (Ord. 812 §1 (part), 2005).
16.10.420 Complete application.
A. Prior to submitting an application, the applicant is advised to meet with the director of public works to discuss the application and permitting process. A completed application form and submittal of all required information shall ensure a timely review process.
B. A proposed binding site plan shall be considered under the zoning and other city codes in effect on the land at the time a fully completed application is filed with the director of public works.
C. A complete application for binding site plan application shall consist of:
1. A completed application form provided by the director of public works, signed by all property owners or their authorized agents, with supporting documents as required below and which contains sufficient information to determine compliance with adopted rules and regulations, as outlined in PMC 16.30.30 (General Requirements) and elsewhere in this title.
2. A site plan in a form prescribed by the administrative official. At a minimum, the site plan shall include those items required for a subdivision application and,
a. Proposed and existing structures including building envelopes and building setback lines;
b. All proposed or existing uses;
c. The location of proposed or existing open space including any required landscaped areas;
d. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and street widths, and additional right-of-way if required on substandard streets;
e. The number and location of proposed or existing parking spaces on and off the site;
f. The location and size of utility trunk lines serving the site;
g. The location and size of water bodies and drainage features, both natural and man made; and
h. A layout of sewers, water, power, telephone, cable, and other utilities.
3. All existing or proposed covenants, easements, maintenance agreements or other documents applicable to use or maintenance of the site.
4. For new construction, a grading plan showing proposed clearing and tree retention and the existing and proposed topography, detailed to 5-foot contours, unless smaller contour intervals are otherwise required by State law or rules and regulations promulgated thereunder.
5. A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases.
6. Copy of any restrictive covenants.
7. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
8. The payment of fees.
The Administrative Official may waive in writing specific submittal requirements determined to be unnecessary for review of the application. (Ord. 812 §1 (part), 2005).
16.10.425 Review process.
A. Binding site plans for the creation of lots in existing developments, or for eight or fewer lots, tracts, parcels, or units on a new development, shall be processed as a Level I permit, or Level II when with SEPA or Critical Area review.
B. Binding site plans for the creation of nine or more lots, tracts, parcels, or units shall be processed as a Level IVA permit. (Ord. 812 §1 (part), 2005).
16.10.430 Approval requirements.
The application shall be reviewed and approved, approved with conditions, or denied, based on the following requirements:
A. The binding site plan shall ensure that the collective proposal functions as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.
B. The binding site plan shall meet the requirements outlined in Chapter 16.22 (Zoning and Land Use) and PMC 16.10.030, for new development. Any condominium proposal shall be in conformance with zoning density requirements.
C. If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the administrative official may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of submittal of the binding site plan review and expressly depicted on the binding site plan.
D. When a binding site plan is being considered concurrently with another land development application, the administrative official will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site development permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of vesting of the application, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.
E. The binding site plan shall contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site shall be in conformity with the approved site plan.
F. The Administrative Official may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.
G. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. (Ord. 812 §1 (part), 2005).
16.10.435 Approval.
The process for preliminary and final approval is the same as that for short and long divisions and plats, including necessary hearings and approval by the appropriate authority. All limitations, permissions, durations, filing, vacation, and alteration codes and procedures are the same as those for short and long subdivisions and plat except as specifically set out for binding sites. (Ord. 812 §1 (part), 2005).
16.10.440 Recording and binding effect.
After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of Chapter 64.32 RCW or Chapter 64.34 RCW (Condominiums) the applicant shall record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as one recording document complying with the requirements of PMC 16.10.400 labeled as “Binding Site Plan.” Before recording, the applicant shall complete the required improvements. In lieu of completion, all improvements except drainage-related facilities may be bonded.
When a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the administrative official, shall be shown on the binding site plan to be recorded.
Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the state of Washington. The survey, monumentation, and plat drawings shall be made following the recommendations of the Department of Natural Resources and adopted as Chapter 332-130 WAC and shall include those items prescribed by RCW 58.09.060, records of survey, contents record of corner, information.
The Administrative Official shall examine and sign the approved binding site plan and record of survey if it conforms to the commercial site development permit or the approved site plan and all conditions of approval. Binding site plans with the record of survey shall be recorded with the Garfield County auditor’s office. A copy of the documents stamped with the recording number shall be sent to the Garfield County assessor’s office, the Garfield County treasurer’s office, city of Pomeroy public works’ office, and to the applicant.
Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.
Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW. (Ord. 812 §1 (part), 2005).
16.10.445 Site Improvements required prior to approval of building permit.
All public and private site improvements required by the approved binding site plan must be completed and accepted by the city or subjected to a performance security approved by the administrative official prior to issuing the first building permit for the site. Alternatively, the administrative official may condition the completion of such improvements pursuant to an approved phasing plan. (Ord. 812 §1 (part), 2005).
16.10.450 Alterations of approved binding site plan.
The Applicant may propose alteration of an approved binding site plan.
The proposed alteration must be clearly shown on a new site plan and be accompanied by a letter of explanation.
Binding site plans may be altered if the original intent of the recorded binding site plan has not been altered, and impacts to health and safety, environment, or the delivery of services are adequately mitigated. Conditions of approval beyond those originally applied to the project may be applied to the altered binding site plan. If an alteration to a previously recorded binding site plan or record of survey is approved, the applicant must record the revised binding site plan or record of survey.
Application and approval shall be under the procedures specified in PMC 16.10.300. (Ord. 812 §1 (part), 2005).
16.10.455 Vacations of recorded binding site plans.
Vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application, as set forth in this chapter. A binding site plan shall be vacated as a whole only.
If a building permit or commercial site development permit which accompanies a binding site plan expires without construction, then the binding site plan shall be considered vacated unless the director of public works determines that the expiration is consistent with the approved binding site plan.
Application and approval shall be under the procedures specified in PMC 16.10.300. (Ord. 812 §1 (part), 2005).
Subchapter 116.10.500
Boundary Line Adjustments
Sections:
16.10.515 Procedures and limitations of the boundary line adjustment process.
16.10.535 Filing of the final plat adjustment.
16.10.510 Purpose.
The purpose of this section is to provide procedures and criteria for the review and approval of minor adjustments to boundary lines of legal lots or building sites in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes. (Ord. 812 §1 (part), 2005).
16.10.515 Procedures and limitations of the boundary line adjustment process.
Adjustment of boundary lines between adjacent lots shall be consistent with the following review procedures and limitations:
A. Applications for boundary line adjustments shall be reviewed as a Type I permit as provided in Chapter 16.06 PMC. The review shall include examination for consistency with Chapter 16.30 PMC (Public Works Standards), Chapter 16.22 PMC (Zoning and Land Use) applicable Board of Health regulations, and, for developed lots, uniform fire, building codes.
B. Applications shall include a map of the properties to have the boundary line adjustment along with revisions for the new boundary line(s). The map may be a modified copy of the original recorded plat
C. Evidence of monumentation of the lots to be a part of the boundary line adjustment must be provided. If monumentation cannot be identified, the lots must be surveyed and monumented as required for a subdivision and plat.
D. A boundary line adjustment proposal shall not:
1. Result in the creation of an additional lot or substandard lot;
2. Result in a lot in violation of current zoning codes, Chapter 16.22 PMC (Zoning and Land Use);
3. Reduce the overall area in a land division devoted to open space; or
4. Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat.
E. Any adjustment of boundary lines must be approved by the director of public works prior to the transfer of property ownership between adjacent legal lots. (Ord. 812 §1 (part), 2005).
16.10.520 Final approval.
Boundary Line Adjustments shall be based on legal descriptions, certified by a licensed surveyor or title company, of the revised lots, tracts, or parcels.
A title insurance certificate updated not more than thirty days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the director of public works with other boundary line adjustment final review documents. All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public.
Prior to final approval, documentation authorizing the transfer of property ownership shall be placed on the original boundary line map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment.
All required fees shall be paid by the applicant prior to recording. (Ord. 812 §1 (part), 2005).
16.10.535 Filing of the final plat adjustment.
All final plats shall be recorded in the county auditor’s office only after approval by the director of public works. The director of public works shall be responsible for recording of the final plat within thirty days of approval. After the boundary adjustment map and required accompanying documents have been filed for record with the county auditor, they shall become the property of Garfield County. (Ord. 812 §1 (part), 2005).
Subchapter 116.10.600
Subdivision Variances
Sections:
16.10.610 Authorization to grant or deny variances.
16.10.620 Application for a variance.
16.10.625 Approval procedures.
16.10.060 Findings of variance.
16.10.635 Notification of decision.
16.10.650 Conditions of approval.
16.10.700 Violations – Penalties.
16.10.610 Authorization to grant or deny variances.
The director of public works or city council may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this tile would cause an undue or unnecessary hardship. Normally, no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.
16.10.615 Types of variances.
Variances shall generally be one of two types:
A. Alternatives to the public works standards of Chapter 16.36 PMC. These shall be processed as a Type I application administratively by the director of public works. Appeals of administrative variances shall be to city council as provided in Chapter 16.06 PMC.
B. All other requests for variances to any of the provisions of Title 16 PMC shall be processed as a Type III application in which applications are to the city council and require a public hearing. (Ord. 812 §1 (part), 2005).
16.10.620 Application for a variance.
A. A property owner may initiate a request for a variance by filing an application with the director of public works. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The director of public works or city council may request other drawings or information necessary to an understanding of the request.
B. The application shall include a narrative statement demonstrating that the requested variance conforms to the following standards, all of which must be met for the application to receive approval:
1. Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;
2. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity;
3. The authorization of the variance will not be materially detrimental to the purposes of this title, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of city development plans or policies;
4. The variance requested is the minimum variance which will alleviate the hardship;
5. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the zone;
6. The special conditions requiring a variance do not result from the actions of the applicant; and,
7. An explanation of how the requested variance meets any other specific criteria required for the type of variance requested, where applicable, including, but not limited, to the following:
a. Explanation of compliance with the criteria for a critical areas ordinance variance under PMC 16.16.
b. Explanation of compliance with the criteria for a flood hazard ordinance variance found in PMC 16.18. (Ord. 812 §1 (part), 2005).
16.10.625 Approval procedures.
Type I applications will be approved or disapproved within thirty days of the application, following procedures in Chapter 16.06 PMC. If denied, the applicant may appeal to the city council
Type II applications will require a public hearing. At the council meeting at which the application presented, the city council shall set a date for a public hearing in accordance with the provisions of Chapter 16.06 PMC. (Ord. 812 §1 (part), 2005).
16.10.060 Findings of variance.
The Approving Authority shall make written findings whether:
A. The reasons set forth in the application justify the granting of the variance, including findings relating to compliance with any relevant variance criteria found in other sections of Pomeroy Municipal Code.
B. The variance is the minimum variance that will make possible the reasonable use of land, building or structure.
C. The granting of the variance will be in harmony with the general purpose and intent of this title and other applicable provisions of the Pomeroy Municipal Code, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare. (Ord. 812 §1 (part), 2005).
16.10.635 Notification of decision.
For Type I applications, the director of public works will provide a decision within thirty days.
For Type II applications, within ten days after the city council has reached a decision on a request for a variance, the city shall provide the applicant with a copy of the council’s findings, decision, and council’s written report giving the decision. (Ord. 812 §1 (part), 2005).
16.10.650 Conditions of approval.
In granting any variance, the approving authority may prescribe such conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted. (Ord. 812 §1 (part), 2005).
16.10.700 Violations – Penalties.
Any person, firm, corporations, or association or any agent of any person, firm corporation, or association who violates any provision of this ordinance or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this ordinance of any city regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. (Ord. 812 §1 (part), 2005).
16.10.800 Adoption of codes.
Pursuant to the provisions of RCW 35A.12.140, Adoption of codes by reference, the following sections of the Revised Code of Washington and the Washington Administrative Code as now or hereafter amended are hereby adopted by reference as a part of this code in all respects as though such sections were set forth in full:
A. RCW 58.17 Plats – Subdivisions – Dedications.
B. WAC 332-130 Minimum Standards for Land Boundary Surveys and Geodetic Control Surveys and Guidelines for the Preparation of Land Descriptions. (Ord. 812 §1 (part), 2005).