Chapter 18.150
SUBDIVISIONS
Sections:
18.150.070 Subdivision vacation.
18.150.080 Subdivision alteration.
18.150.090 Final subdivision and short plat corrections.
18.150.130 Lot line adjustments.
18.150.140 Binding site plans.
18.150.010 Purpose.
A. The purpose of this chapter is to establish the standards and procedures for the creation of new lots and alterations to existing lots. No division of land shall be made within the city, except in full compliance with the provisions of this chapter.
B. Consistent with the definitions in Chapter 18.20 RMC for the purposes of this chapter:
1. Short plat is the division or redivision of land into four or fewer lots. Short plats require only one approval, per RMC 18.150.030.
2. Subdivision is the division or redivision of land into five or more lots. Subdivisions require both a preliminary and final approval, per RMC 18.150.030. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.010)), 2010.]
18.150.020 Applicability.
A. The provisions of this chapter shall apply to all subdivisions of land unless specifically noted.
B. Exceptions. This chapter shall not apply to land divisions or activities deemed inapplicable pursuant to RCW 58.17.040. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1180 § 1, 2021; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.020)), 2010.]
18.150.030 Procedures.
A. Lot line adjustments shall be processed as a Class 1 permit.
B. Short plats involving four lots or less shall be processed as a Class 1 permit and subject to the requirements for preliminary plats consistent with RMC 18.150.050.
C. Preliminary plat approval for subdivisions involving five or more lots shall be processed as a Class 2 permit.
D. Final approval for subdivisions shall be processed as a Class 3 decision. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1180 § 2, 2021; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.030)), 2010.]
18.150.040 Standards.
All newly created lots and alterations to existing lots shall conform to the following standards:
A. The minimum size of lots in the residential zone shall be 6,500 square feet. [Ord. 1205 § 2 (Exh. A), 2023; Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.040)), 2010.]
18.150.050 Preliminary plats.
A. Each proposed subdivision or short plat shall be reviewed to ensure that:
1. The proposal conforms to the goals, policies, and plans set forth in the Roslyn comprehensive plan and any other adopted plans;
2. The proposal conforms to the requirements set forth in the Roslyn Municipal Code and other applicable local regulations;
3. Appropriate provisions have been made for roads, utilities, and other improvements which are consistent with current standards and plans and are laid out in such a manner as to provide for the safe, orderly, and efficient circulation of vehicular and pedestrian traffic;
4. The proposed subdivision or short plat will be adequately served with city-approved water and sewer, and other utilities appropriate to the nature of the subdivision or short plat;
The city may require as a condition of approval that any existing lots or structures currently served by a septic system connect to the city sewer system;
5. The layout of lots, and their size and dimensions, takes into account topography and vegetation on the site in order that buildings may be reasonably sited, and that the least disruption of the site, topography, and vegetation will result from development of the lots;
6. Identified hazards and limitations to development have been considered in the design of streets and lot layout to assure street and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected;
7. Appropriate provisions for the maintenance of commonly owned private facilities have been made.
B. The planning and historic preservation commission shall review all preliminary subdivisions (five or more lots) and make recommendations to the decision-maker to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to the city’s planning standards and specification. The planning and historic preservation commission shall include findings of fact and conclusions to support their recommendation. Reports of the planning and historic preservation commission shall be advisory only.
C. The decision-maker shall consider agency reports, public testimony and all other relevant facts and consider whether the proposed subdivision (five or more lots) makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and whether the public use and interest will be served by the platting of such subdivision.
D. Recommended conditions to be fulfilled, if any, after approval of the preliminary subdivision or short plat shall be written on the face of the plat.
E. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of subdivision or short plat approval and shall be clearly shown on the final plat. A record of the public meeting/public hearing, if applicable, shall be kept by the city and shall be open to public inspection.
F. Preliminary plats (short plats and subdivisions) must be approved, disapproved, or returned to the applicant for modification within 90 days of the filing of the preliminary plat application, unless the applicant consents to an extension. For subdivisions, approval of a preliminary plat shall not constitute approval of the final plat for record.
G. Once property is subdivided in accordance with the short plat regulations of this chapter, no further division creating more than nine lots, tracts, parcels, sites or divisions from the original short plat shall be made for a period of five years from the date of recording of the short plat. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1180 § 3, 2021; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.050)), 2010.]
18.150.060 Final plats.
The final plat shall conform substantially to the preliminary plat and shall incorporate any conditions or recommendations imposed by the city.
A. The final plat shall be submitted within five years of the date of preliminary plat approval. An applicant who files a written request with the city at least 30 days before the expiration of this five-year period may be granted a three-year extension with two one-year extensions following a showing that the applicant has attempted in good faith to submit the final plat within the five-year period.
B. The city shall review the final plat for conformance to conditions imposed on the approved preliminary plat.
C. The final plat shall be recorded within 30 days following the date of approval of the final plat. If the applicant fails to file the final plat prior to the expiration of the above time period, the applicant shall resubmit the plat in accordance with the provisions of this chapter.
D. Once a plat has been filed with the county auditor, it shall remain as the official plat covering the land. If a person proposes to alter or vacate the plat in whole or in part, the procedures set forth in Chapter 58.17 RCW shall be followed.
E. No building permit shall be issued or approved until such time as the city approves and accepts the final plat for the subdivision and the final plat is recorded with the Kittitas County auditor.
F. Inspection of improvements shall be made during construction and after completion of required improvements. Scheduling of inspections shall be the responsibility of the applicant and shall be coordinated with the appropriate city staff.
G. Repealed by Ord. 1192.
H. In the case of a proposed redivision of land within a short plat or a subdivision, either the short plat or subdivision provisions of this chapter and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the land as defined by this chapter and/or the period of time that has elapsed since the recording of a prior short plat. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1180 § 4, 2021; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.060)), 2010.]
18.150.070 Subdivision vacation.
A. Any person interested in the vacation of any subdivision or part of a subdivision, or area dedicated for public use shall file an application for subdivision vacation with the city. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion to be vacated. If the subdivision is subject to restrictive covenants which are filed at the time of approval of the subdivision, and the vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation.
B. Applications for subdivision vacation shall be processed as a Class 3 permit. The decision maker shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the approval authority adopts written findings that the public use would not be served in retaining title to those lands. Title to vacated property shall be governed by Chapter 58.17 RCW, Plats – Subdivision – Dedications. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.070)), 2010.]
18.150.080 Subdivision alteration.
A. Any person interested in the alteration of any short plat or subdivision, except as provided in RMC 18.150.090, shall submit a Class 1 application for the alteration to the city. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered and other application submittal materials as required. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration. A new survey shall not be required except for new lines created by the amended short plat.
B. Alterations shall be reviewed for consistency with this chapter and the regulations of this title.
C. If an alteration is approved, the applicant shall submit to the city a revised drawing of the approved alteration of the subdivision which, after signature of the decision maker, shall be filed by the applicant with Kittitas County. The revised drawing shall be surveyed and prepared by a Washington State licensed land surveyor. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.080)), 2010.]
18.150.090 Final subdivision and short plat corrections.
A. Public Dedication – Not Involved. Amendments, alterations, modifications, and changes to recorded final subdivisions and short plats not involving a public dedication shall be accomplished only by one of the following methods:
1. File a new subdivision for the lots in question by following the full subdivision procedures of this chapter; or
2. File a short plat for lots in question by following the procedures of this chapter; provided, that short plats occurring in final subdivisions approved under the provisions of the Roslyn Municipal Code do not exceed the density allowed under the zoning existing at the time the original subdivision was approved, or are not inconsistent with other provisions of the subdivisions; or
3. File a minor modification or lot line adjustment. This method may be used to correct or adjust short plats or final subdivisions, provided the proposed changes are minor and do not create buildable lots. This method may be used to consolidate two or more existing lots. A final subdivision or short plat mylar shall be filed with the normal and required signature attachments and a cross-reference to the original final or short plat and fees as set out by resolution. Normal and required signatures shall mean only the signatures of owners of lots affected by a minor modification or lot line adjustment.
Minor errors not involving a change in lines may be corrected by the surveyor upon approval of the planning and historic preservation commission by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction.
B. Public Dedication – Involved. Amendments, alterations, modifications and changes to recorded final subdivisions and short plats involving a public dedication shall be accomplished by following the procedures of RMC 18.150.070, Subdivision vacation, or RMC 18.150.080, Subdivision alteration. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.090)), 2010.]
18.150.100 Improvements.
The city may require the formation of a maintenance corporation charged with the responsibility of construction and maintenance of the streets and other common facilities in the proposed subdivision. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.100)), 2010.]
18.150.110 Surety.
In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city may accept a bond in an amount and with surety and conditions satisfactory to the city council, or other secure method, providing for and securing to the city the actual construction and installation of all improvements within a time period specified by the city expressed in said surety. In addition, an agreement, bonds, or other security may be required by the city securing to the city the successful operation and maintenance of the improvements for up to two years after final plat approval. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.110)), 2010.]
18.150.120 Enforcement.
The following actions are violations of this chapter and shall be subject to enforcement actions which may include civil and criminal penalties:
A. No building permit, septic tank permit, access/approach permit, or other development permit shall be issued for, or physical development or change be undertaken or permitted on, divisions subject to this title and/or Chapter 58.17 RCW without compliance with the respective provision thereof.
B. No person, firm, corporation, association or agent thereof shall transfer, sell or lease, either by deed or contract, any land subject to the requirements of short plat approval until a short plat has been approved and filed. Any person who violates any of the short plat provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine in accordance with the provisions of the city fee schedule. Each day such violation continues shall be considered a separate offense. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.50.120)), 2010.]
18.150.130 Lot line adjustments.
A. A lot line adjustment is a mechanism by which the city may approve the alteration of lot lines between legally created lots, where such an adjustment does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.
B. Application for lot line adjustments shall be submitted to the planning official. The application shall consist of all of the following:
1. A declaration of the lot line adjustment;
2. The legal description of the current parcels;
3. The legal description of the proposed parcels;
4. A sketch of the before and after configuration of the parcels drawn to scale indicating easements, any existing buildings, structures, utilities or drain fields at no smaller than one inch to 50 feet;
5. A notarized acknowledgment of the affected property owners and all easement holders;
6. A survey performed and certified by a registered land surveyor that conforms to professional standards and practices consistent with Chapter 58.09 RCW;
7. Certification by the city treasurer that there are no delinquent special assessments and that all special assessments certified to the city treasurer for collection on any property herein contained or dedicated for streets, alleys or other public uses are paid in full; and
8. Payment of a nonrefundable application fee as set forth on the city’s fee schedule.
C. The planning official may approve an application for a lot line adjustment, provided the following criteria are met:
1. The proposed adjustment shall meet the exemption requirements provided in RCW 58.17.040(6);
2. The lot line adjustment shall not result in the creation of any additional tract, lot, parcel, site or division;
3. The property being transferred within the lot line adjustment shall be combined with the benefiting parcel and shall not be a separate parcel, which could be mistaken as a separate and distinct, conveyable tract without proper research;
4. The lots, tracts, or parcels resulting after the lot line adjustment shall meet all dimensional requirements specified for the applicable zone as outlined in this title;
5. All lots modified by the lot line adjustment procedures shall have legal access meeting the standards of the city of Roslyn;
6. The lot line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, short plat or binding site plan;
7. All lot line adjustments shall be recorded surveys consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC. All lot lines being adjusted shall be surveyed, and newly established lot corners shall be staked;
8. Existing easements and/or drain fields shall not be jeopardized, or rendered impractical, to serve their purpose;
9. The lot line adjustment shall not adversely affect access.
D. Upon approval of the lot line adjustment, the applicant shall record the lot line adjustment and covenants with the Kittitas County auditor. Recording fees are paid by the applicant. The applicant shall provide the city with a copy of the recorded lot line adjustment. [Ord. 1192 § 1 (Exh. A), 2022; Ord. 1097 § 2, 2013; Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.130)), 2010.]
18.150.140 Binding site plans.
A. Applicability. The following proposed divisions of land shall be governed by the provisions of this section:
1. A division of land for the purpose of lease or sale of lots or tracts for industrial or commercial purposes upon which more than one principal building is to be constructed upon one lot of record; and
2. A division of land which is to be developed for residential condominiums, both single-family attached and single-family detached, pursuant to Chapter 64.32 RCW.
B. Review and Decision.
1. Binding site plan applications shall be reviewed in accordance with the process set out for Class 3 permit applications.
2. The proposed binding site plan shall be reviewed according to the site plan criteria set forth in Chapter 18.50 RMC, Architectural Design Review, and applicable codes and regulations set forth in this title. The decision shall be consistent with the zoning, subdivision, building or other applicable city ordinances, state and federal law, and the criteria set forth in this section.
3. All development shall be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document shall reference the requirement for compliance with any existing or subsequent permit approval.
4. Final approval must be acquired within five years of preliminary approval, after which time the preliminary binding site plan approval is void. The decision maker may grant an extension for one year if the applicant has attempted in good faith to submit the final binding site plan within the five-year time period; provided, however, the applicant must file a written request with the original decision maker requesting the extension at least 30 days before expiration of the five-year period.
C. After preliminary approval of the binding site plan, the project sponsor shall submit construction drawings and documentation that all conditions of approval have been met. Requests for final binding site plan approval shall be processed as a Class 1 permit.
D. The final binding site plan shall be recorded with the county department of records and elections within 90 days of approval. Upon recording, the site plan shall be binding on the owner and the owner’s heirs, successors and assigns.
E. Prior to the issuance of any building permit for construction upon land subject to an approved final binding site plan, that portion of the land for which the building permit is sought must be legally described.
F. 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.
G. 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.
H. Amendment of a recorded binding site improvement plan shall be accomplished by following the same process as required for a new application, as set forth in this section.
I. Alterations to recorded binding site plans shall be accomplished by following the same process and criteria as RMC 18.150.080.
J. Modifications to approved preliminary binding site plans shall be accomplished by following the same process and criteria as RMC 18.150.090. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.150.140)), 2010.]