Chapter 17.12
ADMINISTRATION
AND ENFORCEMENT
Sections:
17.12.015 Preapplication conference.
17.12.020 Procedure – Application.
17.12.040 Procedure – Distribution of applications.
17.12.050 Procedure – Notice of hearing.
17.12.060 Development of illegally divided land.
17.12.070 Penalties for violation.
17.12.080 Optional code election.
17.12.010 Administration.
The planning department shall administer the subdivision and platting regulations of this title. The planning department may prepare and require the use of such forms as are essential to such administration. The planning department, where applicable, shall review all proposed subdivisions for the purpose of determining conformance with state law, the general purposes of the comprehensive plan, and the design standards and engineering specifications found in this title. Final authority to approve plats and subdivisions resides with the planning director and/or city council, as applicable. Notwithstanding this precept, it is the intent that the planning director has the authority to make advisory determinations in accordance with the provisions of this title. (Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.015 Preapplication conference.
A preapplication conference may be required; refer to SMC 20.01.110. (Ord. 2021-026 § 2 (Exh. B); Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.020 Procedure – Application.
An application for subdivision, or subdivision exemption, as defined by SMC 17.04.020, includes, as applicable, the items specified in Table 17.12.020(A).
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Table 17.12.020(A) |
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|---|---|---|---|---|---|
|
Application Type |
Boundary Line Adjustment (BLAs) |
Minor Subdivisions |
Major Subdivisions |
Binding Site Plans Major and Minor |
|
|
Required Submittal Item |
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|
Subdivision or plan name |
|
X |
X |
X |
|
|
Completed application form |
X |
X |
X |
X |
|
|
Legal description (township, section and range, tax parcel number) |
X |
X |
X |
X |
|
|
Preliminary sketch (drawn at 1" = 100') |
X |
X |
X |
X |
|
|
North arrow |
X |
X |
X |
X |
|
|
Bar scale |
X |
X |
X |
X |
|
|
Acreage of proposed lots or tracts |
X |
X |
X |
X |
|
|
Dimensions of proposed lots or structures |
X |
X |
X |
X |
|
|
Size and location of existing structures |
X |
X |
X |
X |
|
|
Size and location of existing and proposed streets, alleys, and rights-of-way, including proposed ownership |
X |
X |
X |
X |
|
|
Proposed open spaces or public or private dedications for lands, trails, parks, or passive and active recreation |
|
X |
X |
X |
|
|
Location of streams, irrigation ditches, drainage ditches, wetlands, ponds, floodways, or other water courses on or within 200' of the proposed project |
X |
X |
X |
X |
|
|
Location, extent, and type of wooded areas and all trees greater than eight inches in diameter, or identified as species of local significance |
X |
X |
X |
X |
|
|
Location and extent of existing and proposed landscaping |
|
X |
X |
X |
|
|
Location and extent of steep slopes (more than 15%) and other significant physical features |
X |
X |
X |
X |
|
|
Proposed and existing easements for ingress, egress, utility corridors, irrigation ditch access, and other easements |
X |
X |
X |
X |
|
|
Adjacent property owners’ list for all properties located within a 300' radius obtained from Clallam County assessor’s office |
|
X |
X |
X |
|
|
Two separate illustrations or plan maps or diagrams, drawn to a common scale, depicting the “before” and “after” conditions of the proposed adjustment |
X |
|
|
|
|
|
A title report, subdivision certificate, or other proof of ownership which documents any previous land use approvals |
|
X |
X |
X |
|
|
A scaled vicinity map showing the subject property in reference to surrounding properties, streets, subdivisions, municipal boundaries, and identified critical areas within 500' of the subject property, including a north arrow |
|
X |
X |
X |
|
|
Copies of any existing and/or proposed deed restrictions or covenants |
X |
X |
X |
X |
|
|
Draft maintenance agreements and proposed management entities responsible for tax payments and maintenance of common facilities (such as roads, stormwater facilities, open spaces, trails, parks, etc.) |
|
X |
X |
X |
|
|
Preliminary phasing plan, if proposed |
|
|
X |
X |
|
|
Preliminary stormwater drainage plans, prepared consistent with the requirements of SMC Title 13 |
|
X |
X |
X |
|
|
Preliminary utility plans, including provisions for water, sewer, underground power where appropriate, telecommunications, and solid waste disposal |
|
X |
X |
X |
|
|
Preliminary road plans including plan, sections, and profiles |
|
X1 |
X |
X |
|
|
Preliminary clearing and grading plans, including cut and fill amounts |
|
X |
X |
X |
|
|
Environmental information worksheet and SEPA checklist |
|
X2 |
X |
X2 |
|
|
Preliminary landscaping plans |
|
|
X |
X |
|
|
A description of how parking requirements will be met |
|
|
X |
X |
|
|
Any additional materials determined by the department during the preapplication conference to be necessary to fully evaluate the application |
X |
X |
X |
X |
|
|
For proposed replatting of existing subdivisions: the lots, blocks, streets, etc. of the original plat shown with dotted lines in the proper positions in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines to avoid ambiguity |
|
X |
X |
X |
|
|
Number of copies required of application materials to be submitted |
3 |
3 |
3 |
3 |
|
|
Number of copies of any plats, plans, or maps greater than 11" x 17" |
30 |
30 |
30 |
30 |
|
|
Notes |
1. Sections and profiles may not be required for minor subdivisions or short plats, with permission of the community development director. 2. Minor subdivisions or short plats of four or fewer lots and minor binding site plans may be exempt from SEPA, consistent with the requirements of SMC Title 16 and WAC 197-11-800. |
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(Ord. 2021-026 § 2 (Exh. B); Ord. 2010-016 § 1 (Exh. A); Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.030 Procedure – Fees.
Application fees are paid consistent with Chapter 3.68 SMC, Rates and Fees. (Ord. 2021-026 § 2 (Exh. B); Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.040 Procedure – Distribution of applications.
Applications that have been determined to be complete consistent with the requirements of SMC 20.01.130 will be distributed among the appropriate agencies and officials, and the application will be noticed consistent with the requirements of SMC Title 20, Land Use and Development. (Ord. 2021-020 § 1 (Exh. B); Ord. 2011-017 § 2; Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.050 Procedure – Notice of hearing.
When required, the department of community development shall provide notice of a public hearing consistent with the requirements of SMC Title 20, Land Use and Development. (Ord. 2011-017 § 1; Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.060 Development of illegally divided land.
An application for a building permit, septic tank installation or other development permit for any lot, tract or parcel of land divided in violation of state law or this title shall not be granted without prior approval of the city council, consistent with the provisions of Chapter 58.17 RCW. (Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.070 Penalties for violation.
A. In the event subdivision occurs in violation of the provisions of this title, the city has the authority to enjoin any transfer, sale, agreement, lease or option concerning the property involved; or to bring an appropriate action for damages, abatement, specific performance or any other remedy allowed by law; provided, that the failure of the city to so enjoin any transfer, etc., does not prejudice the city’s other rights under this title.
B. The costs of such action will be assessed against the person, firm, corporation or agent selling or transferring the property, including reasonable attorneys’ fees.
C. Any person, agent, firm or developer who violates any provision of this title is subject to the penalties and provisions as set forth in Chapter 1.13 SMC, Code Enforcement, and/or RCW 58.17.300 as applicable. (Ord. 2019-013 (Exh. B); Ord. 2007-014 § 1; Ord. 98-005 § 4)
17.12.080 Optional code election.
A landowner or developer of property in the city of Sequim whose property has been approved for development in conformance with Chapter 17.20 SMC (Subdivisions) and Chapter 17.24 SMC (Binding Site Plans) may elect to have the SMC existing at the time of the election apply to the property and waive the right to have the SMC in existence at the time of the determination of completeness as defined in SMC 20.01.130 apply to the property with respect to current bulk and dimensional standards and/or building codes; provided, that the use of such new regulations does not require changes to recorded documents.
Such election and waiver shall be in writing, acknowledged and filed with the department of community development of the city of Sequim and shall be submitted by the owner or owners of all lots, units or divisions in the development or approved separate phase of the development, as the case may be. (Ord. 2011-017 § 1; Ord. 2007-014 § 1)