Chapter 17.80
LAND DIVISION STANDARDS
Sections:
17.80.030 Water, sewer, and storm drainage systems.
17.80.040 Underground utilities.
17.80.060 Street connectivity.
17.80.090 Construction of subdivision improvements.
17.80.100 Improvements and maintenance.
17.80.010 Lot standards.
A. All lots shall meet the lot standards of the zoning district in which they are located or as otherwise allowed in the zoning ordinance, and shall be of sufficient size, dimension, design and configuration so as to permit development of the lot without variance from the applicable zoning requirements. Corner lots for residential use may require additional width to insure appropriate building setback requirements.
B. Building Setback Lines. Generally, building setback lines are not required to be shown. Where watercourses, topography, geology and soils, vegetation, utilities, lot configuration or other unique circumstances dictate a different building envelope than that set forth in the setback requirements for the zoning district in which the lot is located, the building setback lines may be required to be shown on the land division instrument and observed in the development of the lot.
C. Future Subdivision of Lots. When the subdivision or short subdivision in residential zoned districts will result in a lot fifteen thousand square feet or larger in size, it may be required that the location of lot lines and other details of layout be such that the future subdivision may readily be made without violating the requirements of this section and without interfering with orderly extension and connection of adjacent streets.
D. Lots for Building Pads. In commercial, industrial, business park, and multifamily residential development utilizing binding site plan, lots with boundaries coterminous or nearly so with building walls may be created. The standards that normally would apply to such lots shall apply instead to the project tract of which such lots are a part. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.020 Easements.
A. Public and private easements for the construction and maintenance of water, sewer, storm drainage, and other utilities and public and private facilities shall be granted to provide and maintain adequate utility service to each lot and adjacent lands. Width of easement requirement shall be as set forth in the city’s construction standards and specifications. Building setbacks from these easements may be required as a condition of approval when determined necessary by the review authority.
B. Easements required by this title shall be granted by the terms and conditions of such easements being shown on the face of the land division instrument approved for recording under this title or by separate recorded instrument for properties outside of the plat. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.030 Water, sewer, and storm drainage systems.
A. Water, sewer and storm drainage system alignment shall be designed and located consistent with the city’s comprehensive plan including water, sanitary sewer and storm drainage functional plans.
1. Where topography, property owner willingness, natural features or other conditions make achievement of the planned alignment in the functional plans impractical, the utility alignment and/or location shall be as approved by the city engineer consistent with the purpose and intent of the functional plan’s alignment.
2. That the required alignment/improvement must be related in nature and extent to the impact of the development, i.e., it must be roughly proportional to the impact of the development.
B. All lots shall be served by adequate public water, sanitary sewer, and storm drainage systems approved by the city engineer and meeting the design and construction requirements of the city’s adopted regulations and the city of Poulsbo construction standards and specifications manual.
C. All public water, sanitary sewer, and storm drainage systems shall be placed underground in appropriate public easements or tracts and dedicated to the city; provided, that those portions of stormwater systems that are required to be above ground in order to function (i.e., stormwater ponds, drainage swales, and similar facilities) may be installed above ground.
D. When a public street is to be dedicated or where a public street is widened or structurally altered by an applicant as a condition of land division approval, the applicant shall provide and dedicate any required storm drainage system. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.040 Underground utilities.
A. Developments shall be responsible for undergrounding utilities both existing and new, within the plat and along the frontage road.
1. New interior plat roads shall have underground utilities (cable television, electric, gas, telephone, fiber optic, etc.). An empty four-inch conduit shall be placed in the trench and dedicated to the city for future utilities.
2. Street lights shall be located on decorative concrete poles and shall match the style used in residential neighborhoods within the city. Cobra-head style street lights are not permitted in residential neighborhoods.
3. The frontage improvements of the plat shall include undergrounding of existing utility facilities unless exempt as outlined in subsection B of this section.
4. Short subdivisions which meet the infill provision of Section 18.70.070(P) are exempt from undergrounding requirements if fifty percent of the utilities in a five-hundred-foot radius are above ground.
B. The following are exempt from this section’s requirements:
1. Transformers, pedestal-mounted terminal boxes, meter cabinets, and concealed ducts may be placed above ground within the subdivision when used in connection with the underground utilities.
2. Existing poles on the frontage which do not require relocation to accommodate the proposed frontage improvements and which meet the following are exempt:
a. Carry thirty-three kVa electric lines or greater; or
b. Support street lights on an existing utility pole.
3. The city council may waive any requirement of this section upon review and recommendation by the city engineer.
4. All parallel lines on exempt power poles.
C. Payment for costs of undergrounding shall be as follows:
1. Arrangements, including payment of costs, shall be made by the developer directly with the serving utility company(ies). Undergrounding of utility structures may be done by the developer, with permission from the serving utility.
2. A developer with property frontage of any length may petition the city to establish an assessment district to fulfill the requirement for undergrounding utilities. Prior to the approval of a preliminary plat, developer shall have an assessment district in place or shall have made provision for undergrounding pursuant to subsection (D)(3) of this section.
3. Unless otherwise specified any other provision herein notwithstanding, the entire cost to underground street crossing utility lines shall be the responsibility of the developer of the property served by the utility lines. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.050 Street standards.
A. Each lot or unit within the subdivision shall have direct access to a public or private street. No new direct driveway access from individual residential lots onto divided major arterials, major arterials, minor arterials, neighborhood collectors shall be permitted, unless otherwise approved by the city engineer.
B. All street frontage improvements, new street design, grades, widths, street lighting and construction shall comply with the standards and specifications as set forth in the city’s construction standards and specifications, including current ADA standards. Additional right-of-way may be required where future conditions and development impacts warrant, or where topographical requirements necessitate cuts or fills for proper grading of the streets.
C. Preliminary plats shall provide for at least two different standard routes for ingress and egress.
1. The requirement for an existing or future street connection(s) in Section 17.80.060 shall contribute to meeting this requirement.
2. If, based upon existing development pattern, topography, adjacent property owner willingness, or street connectivity to adjacent property will occur in the future, and only one public street provides primary access to the entrance points of a new residential subdivision, the following shall apply:
a. A secondary emergency access road of a minimum of twenty feet unobstructed width shall be established within an access easement and connect to a different street than the primary access points. The emergency access road shall be constructed as an all-weather surface as approved by the city fire official and city engineer. When street connection to adjacent property or a second public street access is provided, the emergency access road may be abandoned, if approved by the city’s fire official and city engineer.
b. If a secondary emergency vehicle access easement cannot be provided, and the plat is greater than thirty lots, the following shall be required:
i. Sufficient evidence must be provided to the city that an emergency access road could not be acquired due to adjacent property owner willingness, topography, or other technically acceptable reason.
ii. Additional fire protection and emergency vehicle access measures, such as but not limited to sprinklering, widening the primary access street with turn-outs, building in phases, shall be proposed by the applicant of the preliminary plat and incorporated into the plat design and/or conditions of approval.
c. The city engineer may determine the secondary emergency access is not required, upon consultation and concurrence by the city fire official, based upon the size of plat, topography, existing land development pattern, access to public streets or other technical reasons that will be entered into as a finding for the preliminary plat. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.060 Street connectivity.
The purpose of street connectivity is threefold: (1) to implement the city’s comprehensive plan’s future street plan; (2) to provide redundant and efficient routes and connections within the city; and (3) provide superior emergency vehicle response time by providing multiple access to streets. Street connectivity shall be implemented as follows:
A. New streets shall be provided and located consistent with the city’s comprehensive plan transportation map series and new roadway segments map:
1. Where topography, adjacent property owner willingness, natural features or other conditions make achievement of a planned alignment impractical, the street alignment, connection and/or location shall be as approved by the city engineer consistent with the intent of planned alignment.
2. The required improvement must be related in nature and extent to the impact of the development.
3. When requiring a new street to be provided consistent with the city’s comprehensive plan new roadway segments map, the city shall provide a finding of fact with the subdivision decision, setting forth that the requirement of the new street is supported under the city’s Growth Management Act responsibility to provide for adequate streets and roads for its allocated population, and, based upon the city’s adopted comprehensive plan, there is a reasonable assurance the new street shall be completed.
B. New subdivisions shall connect to or provide a future connection to adjacent property.
1. New subdivisions shall use existing street connections, if provided, unless it is technically infeasible to do so as determined by the city engineer.
2. When providing for street connectivity, the public streets and utilities shall be extended to the property boundary.
3. When a street connection is required to undeveloped property zoned for residential development, a sign is required to be posted at the connection point indicating the intent of a future road connection.
4. When a street is required to undeveloped property, a preliminary engineering analysis of the feasibility of the future street connection shall be submitted with the development permit application.
5. Pedestrian and bicycle connection to adjacent subdivisions or property shall be provided as feasible and as consistent with the intent of the city’s comprehensive plan’s identified sidewalk and path connections.
6. The city engineer may exempt the requirement for street connectivity under the following circumstances:
a. There are existing and available connections to collector or arterial streets.
b. The existing development and ownership pattern, site and/or surrounding area’s topography make connectivity technically and physically unfeasible.
c. Temporary emergency vehicle access is provided, and street connectivity will occur in the future.
d. The street connection is not identified on the comprehensive plan transportation map series. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.070 Monuments.
A. Permanent survey control monuments shall be provided for all land divisions at:
1. All controlling corners on the boundaries of the land division.
2. The intersection of centerlines of roads within the land division.
3. The beginning and ends of curves on centerlines or points of intersections on tangents.
B. Permanent survey control monuments shall be set in two-inch pipes, twenty-four inches long, filled with concrete, or shall be constructed of an approved equivalent. Permanent survey control monuments within a street shall be set after the street is paved. Every lot corner shall be marked by a three-quarter-inch galvanized iron pipe, one-half-inch rebar or approved equivalent, driven into the ground. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.080 Survey required.
The survey shall be made by or under the supervision of a licensed land surveyor. All surveys shall conform to standard practices and principles of land surveying as set forth in the laws of the state of Washington. Primary survey control points shall be referenced to section corners and monuments. Lot corners shall be in place and visible prior to recording. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.090 Construction of subdivision improvements.
Construction of subdivision improvements shall be as follows:
A. Complete construction drawings and specifications shall be submitted to the city engineer for review and approval prior to the commencement of construction. The submitted drawings and specifications shall be designed and certified by a registered civil engineer. Construction drawings shall be in conformance with the conditions, applicable city standard, and the city’s construction standards and specifications manual.
B. Construction of the subdivision improvements shall proceed as approved on the construction drawings and specifications. Construction shall proceed under the supervision of a registered civil engineer. The city engineer will inspect construction progress to review compliance with construction plans and required standards. All costs of inspections by the city engineer shall be borne by the developer. Any changes to the construction drawings or specifications involving design of the subdivision improvements shall first be reviewed and approved by the city engineer. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.80.100 Improvements and maintenance.
A. All utilities, streets and other infrastructure shall be designed and constructed in accordance with the current city of Poulsbo construction standards and specifications manual or as required in conditions of approval. City capital improvement, utility or other projects performed on behalf of the city shall meet all standards outlined in the construction standards and specifications manual, except for otherwise allowed by approved deviations.
B. For all land divisions, the applicant shall complete the required improvements before the land division is approved to be recorded. The applicant may request, and the city council may accept at its discretion, a financial guarantee for the installation of the required improvements, pursuant to the provisions set forth below:
1. When approved by the city council, the applicant may file a completion bond or other suitable security in a form approved by the city attorney sufficient to guarantee actual construction and installation of such improvements within two years of recording.
a. Upon written request by the applicant/developer filed no less than thirty days prior to the due date of the improvement completion, the city engineer may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon the finding:
i. There has been no material change of circumstances applicable to the property since completion bond or other security approval.
ii. The applicant must provide good cause for the delay and demonstrate the likelihood that construction will be completed within the additional year.
iii. The city engineer shall not grant more than one extension.
2. The amount of the security for completion shall not be less than two hundred percent of the city engineer’s estimate of the cost of such improvements, but the city engineer may set a higher percentage based upon the complexity of the project.
C. After the completion of improvement construction, three sets of “as built” drawings and an electronic version showing the subdivision improvements as constructed shall be certified as true and complete by a registered civil engineer and one shall be on reproducible mylar, or approved equivalent. The certified “as built” drawings shall be submitted to the city prior to the acceptance of the improvements by the city.
D. After the completion of improvement construction and all required corrections, the city engineer shall accept the improvements. Acceptance of improvements shall mean the improvements are satisfactorily completed and suitable for public use.
E. Before recording, the applicant shall file maintenance bonds, as approved by the city engineer, or other suitable security in a form approved by the city attorney and in an amount to be determined by the city engineer guaranteeing the repair or replacement of any improvement that proves defective or fails to survive within two years after final acceptance of the improvements by the city.
F. The city shall enforce the performance or maintenance security required by this section.
1. In the event the improvements are not completed as required, or maintenance is not performed satisfactorily, the city engineer shall notify the property owner and the guarantor in writing which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.
2. In the event repairs or maintenance are not completed by the specified time as identified by the city engineer in subsection (F)(1) of this section, the city may proceed to repair the defect or perform the maintenance by either the city personnel or by private contractor. Upon completion of the repairs or maintenance, the cost thereof, plus interest at twelve percent per annum, shall be due and owing to the city from the owner and guarantor as a joint and several obligation. In the event the city is required to bring suit to enforce maintenance, the subdivider and guarantor shall be responsible for any costs and attorneys’ fees incurred by the city as a result of the action. In the event that the security is in the form of a cash deposit with the city, the city may deduct all costs set forth in this section from the cash on deposit and the subdivider shall be required to replenish the same for the duration of the guaranty period.
G. Release. A performance assurance shall not be released by the city unless and until the required performance has been completed and accepted by the city and the required maintenance security has been provided. The maintenance security shall not be released by the city unless and until the improvements have been inspected and accepted and the two-year period has been completed. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)