Chapter 16.08 SUBDIVISIONS

A. Official filing of an application for division with the director shall be preceded by a preliminary review of the proposed division by the director and the city engineer at a meeting attended by the applicant.

B. Following the review, the applicant shall submit an application to the planning director. A subdivider shall submit with the application ten copies of a preliminary plat showing preliminary plans for streets and other improvements including but not limited to water lines, sewer lines, and traffic, stormwater, and drainage improvements. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

C. Applications shall be processed according to the procedures set forth in Chapter 2.90, and the additional procedures established in this subchapter and state law.

D. Applications for the division of land shall be processed within the time limitations of Chapter 2.90, and Chapters 43.21C and 36.70B RCW. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.020 Content of plat.

A. Every preliminary plat shall consist of one or more maps, on both mylar and in digital format approved by the city engineer, together with written and digital data including the following:

1. The name of the proposed subdivision;

2. North point and scale; the location of existing property lines; streets, buildings, if any; watercourses and all general features;

3. The legal description of the land contained within the subdivision;

4. The names and addresses of all persons, firms and corporations holding interest in the lands, including easement rights and interest;

5. The proposed names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, lots, building lines, if any, and all other information necessary to interpret the plat, including the location of existing utility and access easements which are to remain;

6. The location of streets in adjoining plats and the approximate location of adjoining utilities and proposed extensions into the plat;

7. The names of adjoining plats;

8. The name, address and telephone number and seal of the registered land surveyor who made the survey or under whose supervision it was made;

9. The date of the survey;

10. All existing monuments and markers located by the survey;

11. The zoning classification applicable to the land within the subdivision;

12. The conditions of or the limitations on dedications, if any, including slope rights;

13. Contour intervals as required, based upon city datum.

B. Any plat submitted that covers only a part of the subdivider’s tract shall be accompanied by a sketch showing the proposed future street system in the remainder of the tract so that the street layout of the tract may be considered as a whole.

C. The plat shall comply with the technical requirements of Subchapters V and VI of this chapter. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.022 Distribution of preliminary plats.

If the director determines that the subdivider has met all the application requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the director shall affix a file number and date of receipt to the application and promptly forward three copies of the plat to the city engineer. The director shall also forward a copy of the preliminary plat to each of the following:

A. Skagit County Health;

B. Utility Providers;

C. Building Official;

D. Water District #1;

E. Chief, Fire Department;

F. Chief of Police;

G. City Clerk-Treasurer;

H. City Engineer;

I. Washington State Department of Transportation;

J. And others deemed appropriate on a case-by-case basis;

who shall review the preliminary plat and, within fourteen days, furnish the director with a report as to the effect of the proposed subdivision upon the public health, safety and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the city engineer and PUD District #1 shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.024 Review and approval.

A. Pursuant to Chapter 2.90, the hearing body shall conduct the public hearing; review the preliminary plat for conformance with the minimum standards of this chapter and Chapter 58.17 RCW; approve on condition, disapprove, or cause the public hearing to be continued.

B. If the preliminary plat requires other approvals outside the hearing body’s authority, the hearing body may approve the preliminary plat conditioned upon obtaining other approvals, or continue the hearing until such other approvals are obtained, as determined by the hearing body in its reasonable discretion. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.026 Appeal to city council.

Repealed by Ord. 2032-22. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.028 Effect of preliminary plat approval.

A. Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision facilities and improvements as required in the approved preliminary plat upon issuance of the final plat. Development shall be in strict accordance with the plans and specifications as prepared or approved by the city engineer and subject to any conditions imposed by the hearing body.

B. No subdivision requirements which become effective after the approval of a preliminary plat for a subdivision shall apply to such subdivision unless the hearing body determines that a change in conditions created a serious threat to the public health or safety.

C. Preliminary plat approval is valid for five years unless extended pursuant to Section 16.08.064.

Exception: Land use and development approvals shall be granted a one-time, three-year economic hardship extension from the original date of expiration if the approval was set to expire between January 1, 2008, and December 31, 2011. (Ord. 1685-10 § 1, 2010; Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.030 Final plat—Phased development.

A. Portions of an approved preliminary plat may be processed separately for recording in divisions; provided, that all divisions are approved within the prescribed time limits for the preliminary plat; and provided, that the division does not violate the intent of the preliminary plat.

B. Prior to the approval of a division of a final plat, the director may require an assurance device be submitted for construction of improvements in subsequent divisions if such improvements are necessary for the continuity of transportation, utility, or other systems.

C. Preliminary plat approval for separate phases may be extended in the same manner as provided in SWMC 16.08.028. (Ord. 1487-04 § 3 (part), 2004)

Subchapter II. Preliminary Plat Consideration

16.08.050 Topographical and surface hazards—Protective improvements.

Land having topographical or subsurface conditions hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is restricted to uses which will not expose persons or property to the hazard. Protective improvements consistent with the standards established in Subchapter VI of this chapter shall be constructed, prior to final plat approval unless a performance bond acceptable to the city engineer is filed in lieu of the improvements. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.052 Dedications required.

A. Every subdivision shall include adequate provision for dedication of drainage and stormwater ways, streets, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.

B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the city.

C. Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the city engineer determines that the following conditions exist, and permits access by a permanent private easement:

1. Access by easement would not compromise the goals of the Zoning Code to provide for adequate light, air and usable open space between structures; and

2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and

3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and

4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and

5. There is no potential for extending the street system; and

6. Access to a public street is not practical due to unique conditions beyond the control of the applicant.

D. If the hearing body concludes that the public interest will be served, the hearing body may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage and stormwater ways, streets, alleys, sidewalks, parks and other open space, allow the land to be conveyed to a homeowner’s nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The city attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The hearing body may impose other conditions as he or she deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.

E. 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 grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.

F. Dedicated streets and alleys shall meet the requirements of Chapter 15.40. Private streets and easements shall meet the design standards of Chapter 15.40. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.054 Public use and interest.

The hearing body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The hearing body shall consider all relevant facts to determine whether the public interest will be served by the subdivision and dedication, and if the hearing body finds that the proposed plat makes appropriate provision for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, sites for school and schoolgrounds and that the public use and interest will be served by the platting of subdivision, then it shall be approved. If the hearing body finds that the proposed plat does not provide the appropriate elements or that the public use and interest will not be served, then the hearing body may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The hearing body shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

Subchapter III. Review of Final Plat

16.08.064 Filing with city engineer.

A. Time of Filing.

1. A final plat meeting all the requirements of Chapter 58.17 RCW and of this chapter shall be filed with the city engineer within five years of the date of preliminary plat approval. As required by RCW 58.17.140, an applicant who files a written request at least thirty days before the expiration of the five-year period shall be granted one one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period. Approval of the extension may contain additional conditions and requirements for the preliminary plat.

2. Within twenty-eight days of the date of filing of the plat, unless the applicant consents to an extension of the time period, final plats shall be approved or disapproved by action of the city council, or returned to the applicant.

B. Submittal Requirements. The following shall be submitted for final plat review:

1. A final plat consistent with the technical requirements of Section 16.08.066 and Subchapters V and VI of this chapter;

2. A complete survey of the section or sections in which the plat or replat is located, or as many sections as may be necessary to properly orient the plat within the section or sections;

3. Complete field and computation notes as provided in Section 16.08.094;

4. A current subdivision guarantee from a title company licensed to do business in the state showing the ownership and title of all parties of interest in the subdivision and confirming that title of the lands as described and shown on the final plat is in the name of the owners signing the certificate required in Section 16.08.066;

5. A guarantee deposit in an amount established by the city engineer sufficient to cover the expense of the city in checking the plat, advertising the ordinance, posting notices. (Ord. 1685-10 § 2, 2010; Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.066 Technical standards for final plat.

A. The final plat shall be prepared upon the best grade of tracing medium and shall be eighteen inches by twenty-four inches in size. The accuracy and completeness of the map shall be the sole responsibility of a registered land surveyor whose seal shall appear on the plat and who shall make field surveys and investigations as necessary to ensure that the map is complete and accurate in every detail. The preparation of the tracing shall be by an experienced draftsman and work shall conform to established standards of workmanship. The final plat shall be presented at a scale not smaller than one hundred feet to one inch and shall contain and show the following:

1. The name of the subdivision;

2. The lines, widths and names of all streets, avenues, places, parks or other public property, and the location of monuments marking the same;

3. The length and direction of all lot lines, also the angles made by the lot lines with the street lines;

4. The location of control points and monuments together with all ties;

5. The names of all subdivisions immediately adjacent;

6. The scale and north point;

7. The boundary of the tract as covered by the plat showing courses and distance on the plat;

8. The initial point;

9. All protective improvements and restrictions on uses;

10. All dedications and all conveyances to a homeowner’s nonprofit maintenance corporation in lieu of dedication;

11. Any additional information necessary to meet the standards for mapping as set forth in Chapter 332-130 WAC.

B. In the case of a replat, the lots, blocks, streets, alleys, easements and parks appearing on the original plat shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, and the new plat shall be shown clearly in solid lines to avoid ambiguity.

C. The description, dedication, acknowledgment, certificates of city and county treasurers, certificates of approval by the city engineer, the city comptroller and the director, and recording certificate, shall be lettered with India ink and shall be substantially in the form set forth in the city engineer subdivision standards.

D. The information required in Sections 16.08.066 through 16.08.068 shall be provided in both paper or mylar and digital format, as specified by the city engineer. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.068 Certificates required.

Each and every final plat, or replat, of any property to be filed for record shall:

A. Contain a statement of approval from the city engineer as to the survey date, the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;

B. Be acknowledged by the person filing the plat before the Skagit County auditor or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of the acknowledgment shall be enclosed or annexed to the plat and recorded with it;

C. Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;

D. Contain 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 owners. If the plat is subject to a dedication, the certificate or a separate written instrument shall also contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private as shown on the 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 the road. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as part of the final plat. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.070 Director’s action on final plat.

A. The city engineer shall refer the final plat to the director who shall review the final plat for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the hearing body and/or city council, and to the standards established by Chapter 58.17 RCW and this chapter. The director shall within ten days furnish the city engineer with a report regarding the conformance of the plat. The city engineer shall review the final plat for the following:

1. That the proposed final plat bears the certificates and statements of approval required by state law and this chapter;

2. That a subdivision guarantee furnished by the subdivider confirms that title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

3. That the facilities and improvements required to be provided by the subdivider have been completed. Alternatively, if the director determines that public health, safety and general welfare will not be jeopardized, the subdivider may provide a bond in a form approved by the city attorney and in an amount commensurate with the cost of allowed improvements remaining to be completed, conditioned upon the construction and installation of said improvements within a fixed time set by the director, not to exceed one year after final approval of the plat;

4. That the map is technically correct and accurate as certified by the registered land surveyor responsible for the plat.

B. Upon final approval of a subdivision application by the director and the city engineer, the subdivision shall be approved on its face by the director, city engineer, and clerk-treasurer, and filed for record with the Skagit County auditor. No subdivision granted approval by the planning director shall be deemed to have final approval until filed. (Ord. 2032-22 § 7, 2023; Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.072 Submission to council.

Repealed by Ord. 2032-22. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.074 Council determination.

Repealed by Ord. 2032-22. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.078 Resubmission.

A. Any final plat disapproved by the decision maker or returned to the applicant may, at the subdivider’s option, be resubmitted for approval upon satisfaction of the following condition:

1. The subdivider has corrected those deficiencies of the final plat, attachments to it, or improvements, any or all of which caused the final plat to be returned or disapproved;

2. The final plat is resubmitted within the five-year period after the date of approval of the preliminary plat as provided in Section 16.08.064 or within six months from the date of city council disapproval whichever is later;

3. The final plat was not disapproved by city council with prejudice against resubmission;

4. The subdivider has not accepted any proffered refund of filing fees paid for individual lots.

B. Any subdivision, the final plat of which is disapproved for reasons of nonconformance with the approved preliminary plat and any requirements or conditions attached to it, may be submitted as a preliminary plat, and shall be considered a new and separate application for all intents and purposes. (Ord. 2032-22 § 10, 2023; Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

Subchapter IV. Reserved Land

16.08.082 Land reserved for public use.

A. Any public agency with the power to acquire land by condemnation or otherwise for public use may, at any time prior to final approval of a preliminary plat, notify the city council and the subdivider of its intention to acquire some or all of the land in the proposed subdivision for public use, and may request that the city council require its dedication for the use as a condition of approval.

B. The public agency may request that the city council require the reservation of the land for a stated period following the city council’s approval of the final plat, during which time the agency may acquire the land. If the city council finds that the public health, safety, or general welfare will be served, it may require as a conditional precedent to approval of the final plat that the land or that part of it as the city council deems appropriate be designated on the plat as reserved land and that for the period requested or a shorter period as the city council deems sufficient, the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice with the Skagit County auditor of its intention to abandon its right to acquire the reserved land. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.084 Reserved land to show on plat.

The subdivider may indicate on the plat that if the reserved land is not acquired for public use, it shall be subdivided and if the subdivider does so the plat shall show the configuration and dimensions of the proposed lots, blocks, streets, easements and like features in the reserved area. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.086 No development on reserved land.

No building permit or other development permit shall be issued for improvements on reserved land during the period of reservation unless the public agency has abandoned its rights and except as expressly authorized by the city council at the time the final plat is approved. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.088 Development if not acquired.

If the public agency has not acquired or commenced proceedings to acquire the reserved lands within the period set by the city council, the subdivider may proceed to develop land lying within the reserved area in conformity with the final plat. No improvements shall be made upon reserved land which is made available for development until adequate security for development of all required public and protective improvements has been provided. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.090 Nonexclusive procedure.

This Subchapter IV is not exclusive, is in addition to the right of the city to require dedications, and shall not limit the authority of the city or any public agency to require a dedication as a condition of subdivision approval. (Ord. 1487-04 § 3 (part), 2004)

Subchapter V. Survey Requirements

16.08.092 Registered land surveyor.

A survey of every proposed subdivision and the preparation of preliminary and final plats of the subdivision shall be prepared by a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.094 Computations—Notes.

A. The surveyor shall furnish the city engineer with a full set of survey notes which notes shall clearly show:

1. The ties to each permanent monument;

2. At least three durable, distinctive reference points or monuments;

3. Sufficient data to determine readily the bearing and length of each line;

4. The base meridian referred to.

B. A traverse of the boundaries of the subdivision and all lots and blocks shall close within one foot in five thousand feet, as required by Chapter 332-130 WAC.

C. Primary survey control points shall be referenced to section corners and monuments, and corners of adjoining subdivisions, or portions of subdivisions shall be identified and ties shown. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.096 Permanent control monuments.

A. Permanent control monuments shall be established at:

1. All controlling corners on the boundaries of the subdivision;

2. The intersections of centerlines of roads within the subdivisions;

3. The beginning and ends of curves on centerlines;

4. All block corners.

B. Permanent control monuments may be placed on the offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be of a type approved by the city engineer.

C. Permanent control monuments within the streets shall be set after the streets are graded. In the event a final plat is approved before streets are graded, the security deposit to provide for grading shall be sufficient to pay the costs of setting the monuments estimated by the city engineer.

D. Each lot corner shall be marked by a one-half-inch galvanized iron pipe, twenty-four inches in length, or approved equivalent, driven into the ground, set with C cap per the requirements of RCW 58.09.120. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.098 Property contiguous to water.

If any land in a subdivision is contiguous to a body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high water mark. Property lying below and beyond the meander line shall be defined by distance along the side property lines extended from the meander line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

Subchapter VI. Design and Construction Standards

16.08.100 Design standards.

The design of all subdivisions shall conform to the standards set forth in this section and SWMC Chapter 15.40:

A. Streets and Alleys.

1. All subdivisions shall be served by one or more streets providing adequate ingress and egress to and from the subdivision.

2. Major streets within each subdivision shall conform with the city’s arterial street plan and shall provide for the continuation of major streets which serve property contiguous to the subdivision. Unless otherwise allowed by the city engineer, public right of way for streets shall meet the standards established in SWMC 15.40.

3. Street networks shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants.

4. Dedicated streets and alley rights-of-way shall meet the standards established in SWMC Chapter 15.40.

B. Blocks. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation. Blocks shall be identified by letters or numbers.

C. Lots.

1. Every lot shall be provided with convenient vehicular access to a street or to a permanent appurtenant easement which satisfies the requirements of SWMC 15.40.

2. Lots shall be numbered with reference to blocks.

D. Sidewalks. Design of sidewalk or sidewalk easement in residential subdivisions shall be as required by the city engineer.

E. Drainage—Storm Sewer and Utility Easements.

1. Easements for drainage channels and ways shall be of sufficient width to assure that they may be maintained and improved, and shall conform to the design requirements established by the city engineer. Easements for storm sewers shall be provided and shall be of sufficient width and in proper location to permit future installation, and shall conform to the design requirements established by the city engineer. Utility easements shall be in accordance with plans and specifications prepared by the appropriate city department, and shall conform to the design requirements established by the city engineer.

2. Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure installation and maintenance, and shall conform to the design requirements established by the city engineer.

3. Design of storm water systems shall comply with the latest edition of the Department of Ecology Stormwater Management Manual for Western Washington as provided in SWMC 13.36.

F. Underground Utility Installation. Subdivisions shall provide for underground utility lines, including but not limited to those for electricity, telephone, CATV and street lighting, unless otherwise permitted by the city engineer. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.102 Improvements.

All improvements shall follow the latest edition of the Washington State Department of Transportation Standard Specifications and Chapter 15.40 SWMC.

A. Streets, Bridges, and Other Construction. All streets, bridges, drains, culverts and other structures and facilities in dedicated areas shall be constructed in accordance with plans and specifications prepared or approved by the city engineer.

B. Street Grading and Surfacing. All dedicated streets shall be graded to their full width with adequate drainage provided prior to acceptance for public use. Grades shall be established by the city engineer and all roadways shall be surfaced according to plans and specifications prepared or approved by the city engineer.

C. Water and Sewers. Water supply facilities adequate to provide potable water from a public supply to each lot within a subdivision shall be installed in conformity with standards adopted by the Skagit County PUD. Each lot shall be provided with a single connection to the Sedro-Woolley sanitary sewer system approved by the city engineer, unless a shared connection is approved by the city engineer. All connections shall conform to applicable city ordinances and regulations.

D. Service Mains and Fire Hydrants. Prior to the construction of any structure in the subdivision, service mains and fire hydrants shall be installed in accordance with plans and specifications prepared or adopted by the city engineer and in accordance with requirements and standards of the PUD and fire chief. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.106 Variances.

Variances from the design standards and improvement requirements set forth in this subchapter may be authorized by the hearing body as part of preliminary plat approval; provided that no variance to the sanitary sewer connection shall be allowed. All variances shall be expressly set forth in writing as part of the approval and be supported by findings and conclusions. No variance shall be granted unless the applicant shall demonstrate the following:

A. Strict compliance with the provisions of this Subchapter would cause unusual hardship for the subdivider;

B. The condition which justifies the variance is not created by, nor within the control of the subdivider;

C. The condition is unique to the subdivider’s property; and

D. The variance will not shift the impact or burden of development to the city or other property owners. (Ord. 1487-04 § 3 (part), 2004: Ord. 1450-03 § 2 (part), 2003)

16.08.108 Conditions—Burden of proof.

In approving or disapproving a variance under this chapter, the hearing body may impose such conditions as it finds necessary to maintain the intent and purpose of this title. The applicant shall have the burden of proving that the criteria for a variance have been satisfied. (Ord. 1487-04 § 3 (part), 2004)