Chapter 18.22
UNIT LOT SUBDIVISIONS
Sections:
18.22.030 Preliminary unit lot plat – Preparation.
18.22.040 Preliminary unit lot plat – Contents.
18.22.060 Unit lot plat review process.
18.22.070 Preliminary approval.
18.22.080 Modifications to an approved preliminary unit lot plat.
18.22.090 Improvement method report.
18.22.100 Public works director’s certificate of improvements.
18.22.110 Preparation of final unit lot plat.
18.22.120 Accompanying documents – Final unit lot plat.
18.22.130 Final unit lot plat application.
18.22.140 Time limitation on final unit lot plat submittal.
18.22.150 Effect of an approved final unit lot plat – Valid land use.
18.22.160 Distribution of copies and filing of final unit lot plat.
18.22.170 Transfer of ownership following final unit lot plat approval.
18.22.180 Building and occupancy permits – Issuance after final unit lot plat approval.
18.22.010 Purpose.
This chapter is established to provide an alternative to the traditional method of land division for creating sellable lots for townhouse, tiny house on wheels communities and cottage housing developments. The unit lot subdivision (ULS) process provides opportunities for fee-simple ownership of land. Unit lot subdivisions allow development on individual unit lots to avoid complying with typical dimensional standards if the parent lot conforms to all such development standards. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.015 Scope.
A. The provisions of this chapter apply exclusively to the unit lot subdivision of land for townhouse, cottage housing or tiny house on wheels community developments in zones where such uses are allowed.
B. As allowed by this chapter, development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area or dimensional standards of PTMC Title 17, Zoning; provided, that overall development of the parent parcel meets the development and design standards of the underlying zone and the requirements of this chapter. There shall be no minimum required lot area for individual lots within a unit lot subdivision; provided, that the area of the unit lot shall be large enough to contain the dwelling unit and any accessory structures, decks, fences, garages, driveways, private yard areas, parking, landscaping or other improvements that are accessory to the dwelling unit; provided further, so long as conforming to the approved site development plan, such accessory improvements may encroach upon or be located in an adjoining unit lot or common area pursuant to an appropriate easement.
C. Overall development of the parent lot shall meet the development and design standards of the underlying land use district.
D. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association must be executed for use and maintenance of common garage, parking and vehicle access areas, underground utilities, stormwater treatment and/or detention facilities, common open space, exterior building facades and roofs, and other similar features, and must be recorded with the Jefferson County auditor.
E. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the Jefferson County auditor. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.020 Application.
To be considered complete, the application for a unit lot subdivision shall include the following:
A. The application for approval of a unit lot subdivision shall be submitted on forms to be provided by the department along with the appropriate fees;
B. A completed land use permit application form, including all materials required pursuant to PTMC 20.01.100, and including any application submittal requirements under Chapter 19.05 PTMC, Critical Areas;
C. The area and dimensions of each proposed lot or parcel;
D. Five paper copies of a preliminary unit lot plat meeting the standards and requirements of PTMC 18.22.030 and 18.22.040;
E. The applicant shall submit a stormwater drainage plan in conformance with the requirements of Chapter 13.32 PTMC, including any soil test information as may be deemed necessary by the public works director; and
F. The applicant shall state the estimated quantities of any fill to be exported from the site and imported to the site. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.030 Preliminary unit lot plat – Preparation.
The preliminary unit lot plat shall be prepared in accordance with the following requirements:
A. The preliminary unit lot plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW, and Chapter 332-130 WAC as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable the city to locate and appraise features of the unit lot plat in the field. The datum to be used for all surveying and mapping shall be as follows: the projection name is the state plane; the projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone; and the horizontal datum is NAD 83.
B. All geographic information portrayed by the preliminary unit lot plat shall be accurate, legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale.
C. A preliminary unit lot plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to eight and one-half inches by 11.5 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size.
D. The area of each proposed lot or parcel depicted on the preliminary unit lot plat map shall accurately show the location and dimension of each proposed lot or parcel. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.040 Preliminary unit lot plat – Contents.
A. A preliminary unit lot plat shall be submitted on one or more sheets and shall provide the following information. All specifications for public improvements shall conform with the engineering design standards:
1. The name of the proposed unit lot subdivision together with the words “Preliminary Unit Lot Plat”;
2. The name and address of the applicant;
3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary unit lot plat;
4. Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of preparation;
5. Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy intended to be preserved per PTMC 19.06.120, Tree conservation standards; and the location of the proposed access to the site for clearing and grading during site development and construction; and
6. A form for the endorsement of the director of PCDD, as follows:
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APPROVED BY CITY OF PORT TOWNSEND |
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Planning and Community Development Department Director |
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Date |
B. The preliminary unit lot plat shall contain a vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural features.
C. Except as otherwise specified in this chapter, the preliminary unit lot plat shall contain the following existing geographic features, drawn lightly in relation to proposed geographic features:
1. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines;
2. The names of all adjoining property owners, or names of adjoining developers;
3. All existing property lines lying within the proposed unit lot subdivision, including lot lines for lots of record which are to be vacated, and all existing property lines for any property lying within 200 feet of the subject property which is under the same ownership as the property to be subdivided (as described in PTMC 18.12.030(C)) shall be shown in broken lines;
4. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within 200 feet of the property to be subdivided;
5. The location, widths and purposes of any existing easements lying within or adjacent to the proposed unit lot subdivision;
6. The location, size and invert elevations of sanitary sewer lines and stormwater management facilities lying within or adjacent to the proposed unit lot subdivision or those which will be connected to as part of the proposed unit lot subdivision;
7. The location and size of existing water system facilities, including all fire hydrants lying within or adjacent to the proposed subdivision or those which will be connected to as part of the proposed unit lot subdivision;
8. The location, size and description of any other underground and overhead facilities lying within or adjacent to the proposed unit lot subdivision;
9. The location of any environmentally sensitive areas as described in Chapter 19.05 PTMC, including all floodplains, lying within or adjacent to the proposed unit lot subdivision;
10. The location, size and description of all significant trees as defined in PTMC 18.04.060 lying within existing public rights-of-way to be improved within or adjacent to the proposed unit lot subdivision;
11. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed unit lot subdivision;
12. The location of any well existing within the proposed unit lot subdivision;
13. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Existing contour lines shall be labeled at intervals not to exceed 20 feet. If applicable, indicate slopes equal to or greater than 15 to 25 percent, equal to or greater than 26 to 39 percent, and equal to or greater than 40 percent, by shading or color;
14. The location of any existing structures lying within the proposed unit lot subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines.
D. The preliminary unit lot plat shall show the following proposed geographic features:
1. The boundaries in bold solid lines of all proposed lots, the area and dimensions of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block;
2. The right-of-way location and width, the proposed name of each street, alley, or other public way to be created and the estimated tentative grades of such streets. Where roadways may exceed the maximum allowable grade or alignment, the public works director may require sufficient data, including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway;
3. The location, width and purpose of each easement to be created;
4. The boundaries, dimensions and area of public and common park and open space areas;
5. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication;
6. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines. Contour lines shall be labeled in intervals not to exceed 20 feet;
7. The building envelopes, as defined in PTMC 18.04.060, shall be indicated for each lot;
8. Proposed monumentation;
9. Proposed location and description of all water system improvements, including all proposed fire hydrants;
10. Proposed location and description of all sewer system improvements, including profiles, and, if needed, all pump stations and their connections to the existing system;
11. Proposed location and description of all stormwater management system improvements;
12. Proposed street cross-sections, showing proposed bicycle and pedestrian pathways and sidewalks (if applicable);
13. Proposed type and location of street lighting (if applicable);
14. Proposed type and location of landscaping (if applicable);
15. Proposed location and typical cross-section of trails (if applicable);
16. Proposed location and description of transit stops and shelters (if applicable);
17. Proposed restrictions or conditions on development (if applicable).
E. Upon review of an application, the director and/or public works director may require additional pertinent information as needed to satisfy any regulatory requirements. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.050 Approval criteria.
In addition to the review criteria provided in Chapter 20.01 PTMC, the following criteria are the minimum measures by which each proposed unit lot subdivision will be considered:
A. Unit lot subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the city that all the following have been satisfied:
1. The proposed unit lot subdivision conforms to all applicable city, state and federal zoning, land use, environmental and health regulations and plans, including, but not limited to, the following:
a. Port Townsend comprehensive plan;
b. Port Townsend zoning code;
c. Engineering design standards;
d. Critical areas ordinance (Chapter 19.05 PTMC);
2. Utilities and other public services necessary to serve the needs of the proposed unit lot subdivision shall be made available, including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other improvements that assure safe walking conditions for students who walk to and from school;
3. Conservation of existing trees, and/or the planting of new trees, shall be provided consistent with Chapter 19.06 PTMC, Article III, Standards for Tree Conservation;
4. The probable significant adverse environmental impacts of the proposed unit lot subdivision, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW;
5. Approving the proposed unit lot subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.
B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed unit lot subdivision may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed unit lot subdivision lies within both a flood control zone, as specified by Chapter 19.05 PTMC and Chapter 86.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the city shall not approve the preliminary unit lot plat unless it imposes a condition requiring the applicant to comply with Chapter 19.05 PTMC and any written recommendations of the Washington Department of Ecology. In such cases, no development permit associated with the proposed unit lot subdivision shall be issued by the city until flood control problems have been resolved. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.060 Unit lot plat review process.
A. An application for a unit lot subdivision smaller than one acre in area shall be processed according to the procedures for Type II land use decisions established in Chapter 20.01 PTMC, Land Development Administrative Procedures. An application for a unit lot subdivision of one acre or greater shall be processed according to the Type III procedures.
B. The director shall solicit comments from the public works director, fire chief or designee, local utility providers, police chief, building official, school district, adjacent jurisdictions if the proposal is within one mile of another city or jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
C. Based on comments from city departments and applicable agencies and other information, the city shall review the application subject to the criteria of PTMC 18.22.050. A proposed unit lot subdivision shall only be approved when consistent with all the provisions of PTMC 18.22.050.
D. An applicant for a unit lot subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 20.01 PTMC, and shall satisfy the criteria of Chapter 17.86 PTMC, Variances. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.070 Preliminary approval.
A. The director or hearing examiner, as appropriate, shall approve, approve with conditions, or deny the preliminary unit lot subdivision within the applicable time requirements. This preliminary decision shall be in writing and shall set forth findings of fact supporting the decision.
B. Preliminary approval or approval with conditions shall authorize the applicant to proceed with preparation of the final unit lot subdivision. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.080 Modifications to an approved preliminary unit lot plat.
A. Minor modifications to a previously approved preliminary unit lot plat, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the director subject to the provisions for Type I decisions in Chapter 20.01 PTMC. Before approving such amendment, the director shall make written findings and conclusions that the following exist:
1. The modification will not be inconsistent or cause the subdivision to be inconsistent with the findings, conclusions, and decision of the city approving the subdivision;
2. The modification will not cause the subdivision to violate any applicable city policy or regulation;
3. A subdivision may be modified only if the intent of its original conditions is not altered.
B. Modifications which exceed the criteria above shall be processed as a new preliminary unit lot plat application. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.090 Improvement method report.
Following preliminary unit lot plat approval and approval of all plans and prior to submission of a final plat for the director’s approval, the applicant shall submit to the director three copies of a report describing the method by which the applicant proposes to carry out the minimum improvements required and the time within which such improvements will be completed. The applicant shall submit all design and construction drawings required in conformance with the engineering design standards. This improvement method report shall be signed by the applicant and be accompanied by any applicable proposed performance guarantees. The director shall transmit two copies of the improvement method report with all drawings and other submittals to the public works director. Improvements may be made or guaranteed by either of the following methods, subject to the discretion and approval of the director:
A. By actual installation and approval of all improvements in accordance with the preliminary plat, city engineering design standards, and approved construction drawings;
B. By the formation of a local improvement district consistent with the provisions of applicable requirements of the city and the state and by requiring the imposition of covenants as a condition of final plat approval requiring that purchasers of any lots waive any protest to the formation and implementation of a local improvement district;
C. By actually installing the minimum improvements as provided by the local improvement district laws of the state and the city, and in accordance with city standards and specifications and under the supervision of the public works director;
D. By furnishing to the city a plat or subdivision bond or cash deposit in escrow for the full cost of the improvements, or other security satisfactory to the director, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided by plans submitted and approved and in accordance with city engineering design standards, and under the supervision of the public works director. The amount of the performance bond or other security shall be 120 percent of the estimated cost for the city to contract for construction of the improvements as determined by the public works director, and shall be of a duration in accordance with the engineering design standards. If the phased installation of improvements is proposed, the improvement method report shall describe the proposed phasing, the timing for construction, and proposed methods of guaranteeing and assuring the city that adequate installation of improvements will occur in conformance with the phasing schedule; or
E. By a combination of these methods. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.100 Public works director’s certificate of improvements.
No permit for the construction of improvements within an approved unit lot subdivision shall be issued by the city until the improvement method report, all construction drawings, proposed performance guarantees, and other submittals in conformance with the engineering design standards have been received and approved by the public works director. All construction of improvements shall be inspected and approved in conformance with the engineering design standards. After completion of all required improvements or the guarantee of the construction of all required improvements, the public works director shall submit a certificate in triplicate to the director stating the required improvements or guarantees are in accordance with the provisions of this chapter, the preliminary unit lot plat, including the city’s decision approving the plat, and in accordance with city’s engineering design standards. The director shall transmit one copy of the certification to the subdivider, together with a notice advising the subdivider to prepare a final unit lot plat for the proposed subdivision. One copy of the certificate shall be retained by the director. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.110 Preparation of final unit lot plat.
The final unit lot plat shall be prepared in accordance with the requirements of PTMC 18.22.120. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.120 Accompanying documents – Final unit lot plat.
A. In cases where any deed covenants or restrictions, including any CC&Rs, will apply to lots or parcels within a subdivision, a typewritten copy of such covenants bearing all necessary signatures shall be submitted along with the final unit lot plat.
B. The final unit lot plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or reestablished corners, with the descriptions of the same, and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
C. The final plat shall be accompanied by a current (within 30 days) title company certification of:
1. The legal description of the total parcel sought to be subdivided;
2. Those individuals or corporations holding an ownership interest or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plat prior to final approval;
3. Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate;
4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor’s file number and/or recording number; and
5. If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the public works director.
D. The applicant shall provide the public works director with a computer disk containing a complete set of the final plat maps and as-built drawings on CADD© or other GIS-compatible software as acceptable to the public works director.
E. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider.
F. All maintenance, performance and guarantee bonds or other guarantees as may be required by the public works director in accordance with PTMC Titles 12 and 13 and the improvement method report to guarantee the acceptability and/or performance of all public improvements. For all improvements constructed after final plat approval, reproducible as-built drawings and CADD© files shall be submitted within 15 days of completion of construction. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.130 Final unit lot plat application.
Application for a final unit lot plat shall be prepared and processed in accordance with PTMC 18.16.140. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.140 Time limitation on final unit lot plat submittal.
Time limitations on final unit lot plats shall be in accordance with PTMC 18.16.150. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.150 Effect of an approved final unit lot plat – Valid land use.
Any lots in a final unit lot plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing. A unit lot subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect on the date of preliminary unit lot plat approval for a period of seven years after final unit lot plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside the unit lot subdivision. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.160 Distribution of copies and filing of final unit lot plat.
The director shall distribute the original and copies of the approved plat in accordance with PTMC 18.16.170. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.170 Transfer of ownership following final unit lot plat approval.
Whenever any parcel of land lying within the city is divided under the provisions of this chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or transfer, any such lot, tract or parcel without having first had an approved final plat for such subdivision filed for record. It is the responsibility of the applicant to ensure that a final plat is fully certified and filed for record with the Jefferson County auditor prior to transferring ownership of any land. (Ord. 3306 § 1 (Exh. DD), 2023).
18.22.180 Building and occupancy permits – Issuance after final unit lot plat approval.
A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exists.
B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until the applicant complies with the improvement method report, all requirements of the public works department’s certificate of improvements, and all requirements of the final plat approval.
C. No occupancy permit for a structure other than a temporary contractor’s office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the public works director and city building official. (Ord. 3306 § 1 (Exh. DD), 2023).