HomeMy WebLinkAbout1978-2229 REGULATING SHORT SUBDIVISIONS, SUBDIVISIONS, PRELIMINARY PLATS, & FINAL PLATS. ORDINANCE NO.
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AN ORDINANCE relating to the division of land; regulating short sub-
divisions, subdivisions, preliminary plats and final
plats; prescribing general design standards and improve-
ment standards; prescribing powers and duties of public
officials, public bodies and others in relation thereto;
providing for enforcement thereof and providing penalties
for violations thereof; repealing existing Title 14,
"Subdivision," of the City of Yakima Municipal Code; and
enacting a new Title 14, "Subdivisions," and new chapters
and sections thereof, all of the City of Yakima Municipal
Code.
WHEREAS, R.C.W. 58.17.060 authorizes and requires cities within the
State of Washington to adopt regulations and procedures, and appoint
administrative personnel for the summary approval of short subdivisions
and short plats, and
WHEREAS, R.C.W. 58.17.030 requires that subdivisions comply with
the provisions of R.C.W. 58.17, now, therefore,
. BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The existing Title 14, "Subdivisions," of the City .
of Yakima MUnicipal Code, and each chapter and section of Title 14, is
hereby repealed in its entirety.
Section 2. ' There are hereby enacted new chapters and sections
to Title 14, "Subdivisions" of the City of Yakima Municipal Code, which
new chapters and sections shall be numbered and entitled and shall read
as follows:
"Chapter 14.05
General Provisions
14.05.010 Short Title. This Title 14, 'Subdivisons' of the
City of Yakima Municipal Code shall constitute the 'Subdivision
• Code' of the City of Yakima and may be cited as such.
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14.05.020 Purpose and Interpretation. This subdivision code
is enacted in the exercise of the police power of the City of
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Yakima, to protect and preserve the public health, safety and gen-
eral welfare; to provide standards in accordance with state law to
prevent the overcrowding of land; to lessen congestion on the
streets and highways; to provide for adequate light and air; to
facilitate adequate provision for water, sewerage, parks and recre- •
ation areas, sites schools and schoolgrounds and other public
requirements; to provide proper ingress and egress; and to require
uniform monumenting of land subdivisions and conveyancing by legal
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description; and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
14.05.030 Effect of Partial Invalidity. If any provision of
this title or its application to any person or circumstance is for
any reason held to be invalid, the remainder of this title, or the
application of the provisions to other persons or circumstances, is
not affected.
14.05.040 Effect on Existing Rights. The repeal by this title
of any existing ordinance shall not revive any former ordinances
heretofore repealed, nor affect any right existing or accrued, or
any action or proceeding already taken, except as in this title
provided.
14.05.050 Savings. The enactment of this title shall not have
the effect of terminating, or in any way modifying, any liability,
civil or criminal, which shall be in existence at the date.this
title becomes effective.
14.05.060 Effect of Heading and References. Chapter headings,
tables of contents, and section titles as used in this title do not
constitute any part of the law.
14.05.070 Existing Permits to Remain in Force. Except as
otherwise provided herein, all permits lawfully issued under the
provisions of any ordinance repealed by this title shall remain in
force and effect until the expiration thereof unless sooner sur-
rendered or revoked, subject however, to all other provisions of
this title.
14.05.080 False Representation Prohibited. No person shall
make a false statement or representation in any application, state-
ment or report required by this title to be made. •
14.05.090 Uniformity of Application. The provisions of this
title shall be applicable and uniform with regard to all divisions,
subdivisions or resubdivisions of land into lots, tracts, parcels,
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sites or divisions of any nature for the purpose of sale or lease
in the present or future within the corporate limits of the City of
Yakima. •
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14.05.100 Exemptions. The provisions of this title shall not
apply to:
Ank' A. . Cemeteries and other burial plots while used for •
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that purpose.'
B. Division of land into parcels in which the smallest
parcel created by the division is forty acres in area, or
more, or that which is defined in the instrument of division
as one-quarter of a quarter section of land; provided that for •
the purpose of computing the size of any lot under this item
which borders on a street or road, the lot size shall be
expanded to include that area which would be bounded by the
centerline of the road or Street and the side lot lines of the
lot running perpendicular to such centerline.
C. Division made by testamentary provisions, or the
laws of descent.
D. A division for the purpose of lease when no residen-,
tial structure other than mobile homes or travel trailers are,
permitted to be placed upon the property in accordance with
the provisions of Title 12 of the Yakima Municipal Code and a
binding site plan for the use of the property has been filed
for record with the Yakima County Auditor. The term "site
plan" means a drawing to scale which:
streets, Identifies
411 all improvoments, utilities, open spaces,
and other information specified by the Administrator; and
2. Contains inscriptions or attachments setting
forth such appropriate limitations and conditions for the
use of the land as established by the City of Yakima
pursuant to Title 12, Yakima Municipal Code.
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E. A division not for the purpose of sale or lease in
the present or future. For purposes of this exemption, the
following divisions shall be presumed, when considered by
themselves in the absence of surrounding circumstances to the
contrary, not to be for such purpose:
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1. Administrative segregations in the Yakima
County Assessor's Office made solely for the purpose of
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levy, assessment, collection, payment or exemption of .
real property taxes pursuant to applicable state statutes.
2. Annexations accomplished pursuant to and in
accordance with all pertinent statutory and local rules
and regulations governing same;
3. Acquisitions of fractional parts of land being
of insufficient area or dimension to meet minimum zoning
requirements for width or area, by public bodies for the
purpose of future use as public highways or public
utility ways.
4. The sale or lease of a condominium apartment
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subject to the provisions of Washington State Horizontal
Property Regimes Act (RCW 64.32).
14.05.110 Qualified Exemptions.
A. The Administrator may exempt the actions
from the requirements of this title as not constituting divi-
sions of land for the purpose of sale or lease:
1. A division of land by simultaneous merger of a
fractional part of land into land contiguous on more than
a single point so long as no lot or parcel is rendered
non-conforming or more non-conforming with the provisions
of Title 12, of the Yakima Muncipal Code.
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a. "By simultaneous merger" for purposes of
this section, means a specific declaration of merger
with the new description of said lands contained
within the correction deed or instrument of sale,
lease or transfer. The deed or instrument shall be
filed for record by the applicant in the Yakima
County Auditor's Office with a copy to the adminis-
trator. No such merged fractional part may thereaf-
ter be sold, leased, transferred or developed through
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building permit or other development permit as a
division separate or distinct from the land in which
it is merged.
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b. Said exemption shall become null and, void
• if the filing of the deed or instrument and transmit-
tal of the copy to the administrator is not accomp-
lished within ninety (90) days from the grant of the
exemption.
2. A division provided for by law not for the
purpose of sale or lease including, in the absence of the
administrator finding circumstances to the contrary, the
following:
a. Financial segregations which do not in-
volve a division of land through transfer of fee
simple title. This exemption is limited to mort-
gages or deeds of trust executed solely for the
III purpose of securing financial obligations that are
conducted in all respects in compliance with the
laws governing same.
b. A division by court order limited to the
following and not including voluntary transfers of
land in lieu of compliance with the applicable
judicial procedures governing them: mortgage or
deed of trust foreclosures, and property distri-
butions between spouses pursuant to separation or
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dissolution proceedings.
• 3. The sale or transfer of a "parcel" as defined
by Section 14.10.170 (B) of this title.
B. Applications for exemptions shall be submitted to
the Office of Environmental Planning on forms provided by the
Administrator and shall be accompanied by a nonrefundable
$10.00 application fee. The administrator may require sub-
mittal of pertinent instruments, court orders, affidavits and
the like sufficient to determine whether specific actions may
be exempt.
C. Exemption may be granted by the adminstrator for
• only those actions which do not contravene the spirit and
intent of this title and applicable state statutes.
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14.05.120 Time Periods -- Computation. Whenever a period of
time is specified in days in this title, such period shall commence
to run on the day following the date of the specified act and shall
include each consecutive calendar day thereafter, including the
last day of such period unless such last day is a Saturday, Sunday
or legal holiday, in which event the period shall end at the con-
411
clusion of the next regular business day.
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_ .
dhapter 14.10
Definitions
14.10.010 Scope and Construction of terms.
A. Words, phrases and terms used in this title shall
have the meaning given to them in this chapter except where
otherwise defined, and unless a different meaning clearly •
appears from the context.'
B. Reference in this subdivision code to any council,
commission, committee, body, group, agency, department, of-
fice, official or municipal employee shall mean such entity of
the City of Yakima except where otherwise stated or required
by context.
C. When consistent with the context, words and phrases
used herein shall include the past, present and future tenses;
the masculine, feminine and neuter genders; and the singular
and plural.
D. The word 'may as used herein is permissive as
indicating a use of discretion in making a decision; the word
'shall' as used herein is mandatory.
14.10.020 Administrator. 'Administrator' means the City
Director of Community Development or the designee of the Direc-
tor of Community Development.
14.10.030 Alley. 'Alley' means a public right-of-way used
primarily as a secondary means of access to residences and business
establishments.
14.10.040 Block. 'Block' means a group of lots, tracts, or
parcels within well defined and fixed boundaries.
14.10.050 Building Setback Line. 'Building setback line'
means a line parallel to the front property line in front of which
no structure shall be erected, the location of which shall be
determined from the regulations of Title 12, 'Zoning,' of the City
411 of Yakima Municipal Code.
14.10.060 City. 'City' means the City of Yakima, Yakima
County, Washington.
110.- • •
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14.10.070 Comprehensive Plan. 'Comprehensive plan' means the
General Plan of the City of Yakima adopted by Section 1.42.070 of
the City of Yakima Municipal Code, together with amendments and 411
supplements thereto which have been or hereafter may be adopted by
the Yakima City Council.
14.10.080 Dedication. 'Dedication' means the deliberate
appropriation of land by an owner for any general and public uses,
reserving to himself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to which
the property has been devoted. The intention to dedicate shall be
evidenced by the owner by the presentment for filing of a final
plat or short plat showing the dedication thereon; and, the accep-
tance by the public shall be evidenced by the approval of a short
plat by the Administrator or by approval of a final plat by the
Yakima City Council.
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14.10.090 Divide. 'Divide' means any transaction or action,
not otherwise exempt or provided for under the provisions of this
title, which alters or affects the shape, size, or legal descrip-
tion of any part of an owner's "land" as defined by Section'14.10
of this title. Sale of a condominium apartment and rental or lease
of a building, facility or structure which does not alter or affect
the legal description of an owner's "land" shall not constitute a
division.
14.10.100 Easement. 'Easement' is a grant by a property owner
to specific persons or the public to use land for a specific pur-
pose or purposes.
14.10.110 Final Plat. 'Final plat' means the final drawing of
• the subdivision and dedication prepared for filing for record with
the Yakima County Auditor which conforms to the requirements of
this title.
14.10.120 Greenbelt. 'Greenbelt' means a parcel of land,
usually a strip or ribbon of land, left in a natural or artifically
landscaped state, excluding all other development except for recre-
ation, maintained for the purpose of buffering and separating areas
of development or to connect larger recreation sites.
14.10.130 Land. 'Land' means a lot or parcel.
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14.10.140 Lot. 'Lot' means a division of land having defined
boundaries and shown on a final plat or short plat officially
recorded in the Yakima County Auditor's Office.
14.10.150 Double frontage lot. 'Double frontage lot' means a
lot having frontage on two parallel or approximately parallel
streets other than alleys.
14.10.160 Open space. 'Open space' means a parcel of land,
excluding sites, parking areas and access routes, designed and
maintained as an area for leisure, recreation and other activities
normally carried on outdoors, including greenbelt and recreational
areas.
14.10.170 Parcel. 'Parcel' means a division of land having
defined boundaries and not shown on an officially recorded final
plat or short plat and is limited to the following;
A. A division of land defined in a legally executed
deed prior to D ecemt3cw- q 197? •
A
B. A division of land created by sale, lease, or option
contract legally executed prior to D,_,,e,„ber ' /qv,
which presently remains a binding and enforcable commitment as
between the parties thereto, their successors and assigns.
C. The remaining division of land created as a result
of actions defined by Subsection A and B above.
D. A taxation parcel which was created prior to
De. C evv. b e 1r 9, 1 9 18) , for the purpose of
creating divisions of land which were exempt from platting
requirements. Taxation parcels which were administratively
created by the Yakima County Assessor's Office solely for tax
purposes are not parcels. Examples of taxation parcels
created solely for tax purposes include senior citizen segre-
gations; special district segregations; deed of trust or
mortgage segregations; and segregations for tax exemption
purposes.
• 14.10.180 Pavement Width. 'Pavement width' means the actual
paved surface as measured between faces of curbs of streets or
between the edges of other public highway, street alley or roadway
. surfaces.
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14.10.190 Pedestrian Way. 'Pedestrian way' means a right-Of-
way for pedestrian traffic.
14.10.200 Person. 'Person' means an individual, firm, partner-
ship, corporation, company, association, syndicate or any other
legal entity, including a trustee, receiver, assignee, or repre-
sentative thereof.
14.10.210 Preliminary Plat. 'Preliminary plat' means a draw-
ing of a proposed subdivision which conforms to the requirements of
this title.
14.10.220 Right-of-Way. 'Right-of-way' means land dedicated
and maintained for existing or future public access.
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14.10.230 Short Plat. 'Short plat' means the map or represen-
tation of a short subdivision which conforms to the requirements of AM&
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this title.
!14.10.240 Short Subdivision. 'Short subdivision' means the
division of land into four or less lots for the purpose of sale or
lease in the present or future.
14.10.250 Street. 'Street' means a public right-of-way
improved and maintained for vehicular use. Streets are
classified as follows:
A. Major Arterial Street. 'Major arterial street'
means a street designated as a major arterial by the City of
Yakima Arterial Street Plan.
B. Secondary Arterial Street. 'Secondary arterial
street' means a street designated as a secondary arterial by
the City of Yakima Arterial Street Plan.
C. Neighborhood Collector Street. 'Neighborhood collec-
tor street' means a street designated as a neighborhood collector
by the City of Yakima Arterial Street Plan.
D. Local Access Street. 'Local access street' means
all streets not designated as major arterials, secondary •
arterials, or neighborhood collectors by the City of Yakima
Arterial Street Plan.
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E. Minor Local Access Street. 'Minor local access
111 street' means a local access street which serves eight (8) or less
lots and is not a through street.
F. Frontage Street. 'Frontage street' means a street
• which is parallel to and adjacent to a major arterial, pro-
, viding access to the properties abutting and separating abut-
,
ting property from high speed vehicular traffic.
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G. Vehicle Turnaround. 'Vehicle turnaround' means a
cul-de-sac, an "L" or "T", or other means of turning vehicles
around at the end of a dead-end street.
14.10.260 Subdivider. 'Subdivider' means any person, as
defined by Section 14.10 of this, title who undertakes to create a
subdivision or short subdivision.
14.10.270 Subdivision. 'Subdivision' means the division of
land into five or more lots for the purpose of sale or lease in the
present or future.
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14.10.280 Survey Mbnument. 'Survey monument' means a physical
object marking, a survey corner which is constructed and installed
in compliance with the standards established by the City Engineer.
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Chapter 14.15
Short Subdivisions -- Procedure
14.15.010 Approval Required. It shall be unlawful for any
person to divide land so as to constitute a short subdivision
within the City of Yakima, or to enter into any contract for the
sale or lease of any part of such land, without first complying
with the provisions of this title applicable to such division of
land.
14.15.020 Administration.
A. The City of Yakima Director of the Department of
Community Development, referred to-in this title as the
Administrator, is vested with the duty of administering and
interpreting the short subdivision provisions of this title
and the authority to summarily approve, disapprove, or return
for modification proposed short subdivisions.
B. The Administrator may prepare and require the use of
such forms as deemed necessary to administer this title.
14.15.030 Application for a Short Subdivision--Requirements.
A. An application for a short subdivisionmay be made
by an owner or owners of land, or by an authorized agent of an
owner or owners, or by a representative of any governmental
agency if the short subdivision is sought for a governmental
purpose and such application shall be filed with the City
Office of Environmental Planning.
B. Each application for a short subdivision shall
include the following:
1. A written application on a form provided by the
Office of Environmental Planning and signed by the land
owner or his authorized agent.
2. A title certificate consisting of a report
listing all parties having any interest in the "land" to
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be divided and a legal description of the "land".
• 3. The proposed short plat prepared in accordance
with the provisions of this title and six (6) copies,
thereof.
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4. A reproducable scale drawing showing:
a. Lots, streets and easements;
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b. Size and location of water, sewer, and uti-
lity easements proposed to serve the lots to be
created and their point of connection with existing
services.
c. If requested by the Administrator, contour
lines at two (2) foot elevation intervals for slopes
less than 10% and five (5) foot intervals for slopes
more than 10%. Elevations shall be based on City of
Yakima datum if available.
6. A nonrefundable application fee of S50.00
Ai& payable to the Yakima City Treasurer,
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14.15.040 Land Survey Requirements.
A. A proposed short plat of land not previously platted
or short platted shall be prepared by or under the supervision
of a registered land surveyor of the State of Washington as a
result of a land survey.
B. A land survey by a registered land surveyor is not
required for proposed short plats of land previously platted
or short platted unless the Administrator determines that a a
survey is necessary to clearly establish property boundaries.
The Administrator shall establish and maintain a list of areas
within the City where the land surveys will be required in or-
111 der to clearly establish property boundaries. Proposed short
plats not requiring a land survey may be prepared by the
landowner or his authorized agent.
C. All proposed short plats requiring a land survey
shall be referenced from two (2) monumented section or quarter
section corners or to two (2) other suitable permanent control
monuments.
D. All lot corners determined as result of a land
survey shall be established by the placement of permanent
survey monuments.
411
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14.15.050 Short Plat Contents. A short plat shall be legibly
drawn, printed, or reproduced by a process guaranteeing a permanent
record in black on tracing cloth or equivalent and shall be eight-
een
(18) inches by twenty-four (24) inches in size. It shall show:
A. The entire lot or parcel constituting the appli-
cant's land.
B. The taxation parcel number or numbers as assigned to
the "land" proposed to be divided by the Yakima County Asses-
.
SOT.
C. The names or recording numbers of any contiguous
subdivisions or short subdivisions.
D. Lot corners and lines marking the division of the
land into four or less lots.
411
E. Location, size, purpose and nature of existing
roads, streets, rights-of-way,'and easements adjacent to, or
across, the land.
F. Location of any roads, rights-of-way, or easements
proposed to serve the lots within the short plat with a clear
designation of their size, purpose and nature.
G. North arrow and scale.
H. The acknowledged signatures of all fee simple owners
and other parties having interest in the lands being sub-
divided as enumerated in subsections (1) (b) and (2) (b) of
this section, as well as the acknowledged signatures of all
owners of property over which access or utility easements pass
unless such easements are previously or simultaneously re-
corded by separate instrument in the County Auditor's office,
certifying the following:
1. In the case of a short subdivision not con-
taining a dedication:
a. A full and correct legal description of
the land to be divided as it appears on the short
411
plat;
b. A statement of free consent in substan-
tially the following form, the reference to ease-
ments to be omitted where not applicable:
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"Know all men by these presents that
are the fee simple owners of
the land hereon described; have with their free
consent and in accordance with their desires caused
the same to be surveyed and short platted as shown
hereon; and do hereby grant and reserve the ease-
ments as shown hereon for the uses indicated hereon.
(Name)
(Name)
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• 2. In the case of a short subdivision containing a
dedication:
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. a. A full and correct legal description of
the land to be divided.as it appears on the short
plat;
b. A statement of free consent and waiver of
claims for damages in substantially the following
form:
"DEDICATION AND WAIVER OF CLAIMS
Know all men by these presents that
• are the owners and all
other parties having any interest in the land hereon
1 : . described; have with their free consent and in
accordance with their desires caused the same to be
surveyed and short platted as shown hereon; do
hereby dedicate those roads and/or rights-of-way •
shown as public dedications hereon to the use of the
public; do hereby waive on behalf of themselves and
their successors in interest all claims for damages
against the City of•Yakima and any other governmen-
tal authority which may be occasioned to the ad-
jacent land by the established construction, drain-
• age and maintenance of said dedicated roads and/or
• rights-of-way; and do hereby grant and reserve the
easements as shown hereon for the uses indicated.
III •
(Name) •
(Name)
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•
3. If an offer of dedication includes, or is
required to include, a waiver of direct access to any
• street from any property, the appropriate certificate 111
shall additionally recite said waiver;
I. In the case of a short plat requiring a land sur-
vey, a certificate by a surveyor certifying to the accuracy of 41,
the survey and short plat in substantially the following form:
"I, , Professional Land
Surveyor, do hereby certify that the short plat as shown is
based upon an actual in accordance with the require-
ments of the Survey Recording Act, that the distances, courses
and angles are shown hereon correctly, and that the monuments
and lot corners have been set on the ground as shown hereon.
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(Surveyor's Signature, seal and number)";
J. County Treasurer's Office certificate in substan-
tially the following form:
"I hereby certify that all chargeable regular and special
assessments collectible by this office that are due and owing
• on the property described hereon on the date of this certi-
fication have been paid. Dated this
day of , 19
BY:
Yakima County Treasurer's Office.";
.
K. If the short plat lies wholly or in part in an
irrigation district, a statement evidencing irrigation water
right-of-way in substantially the following form:
"The property described hereon is wholly or in part
within the boundaries of the
Irrigation District and all lots within the short plat are
subject to the terms, conditions, reservations and obligations
in the present and future concerning irrigation water rights-
of-way and easements as may be imposed by said district in
accordance with the law.";
L. Space for approval by the administrator;
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14.15.060 Allowance of Bond'in Lieu of Actual Construction
of Improvements Prior to Approval of Short Plat.
A. The subdivider may, as an alternative to actual
411 construction of required improvements, provide a surety bond
or other secure method providing for and securing to the City
the actual construction of required improvements within a
specified period of time and expressed in the bond or other
• method of security. Any bond or other method of security
shall specify the improvements covered and the schedule for
completion.
• B. The bond or other method of security shall be sub-
ject . •
to approval by the City Engineer prior to approval of the
short plat by the Administrator. In no case shall the amount
of the bond or other method of security be less than 110% of
the actual estimated cost of the improvements.
411 14.15.070'Administrators Approval/Disapproval -- Time Limita-
_ tion. The Administrator shall approve, disapprove, or return for
modification all short subdivision applications within thirty (30)
.
calendar days from the date of filing thereof, unless the applicant
consents to an extension of such time period. In reaching his
conclusion to approve or disapprove short subdivisions, the Ad-
ministrator shall determine whether the requirements of this title
have been satisfied.
14.15.080 Approval of Short Subdivisions--Filing.
A. The Administrator shall, after determining that the
requirements of this Title have been met and that the short
plat has been signed by all the proper individuals, approve
411 • the short plat by signing on the face of the short plat.
B. Each short plat approved by the Administrator shall
be filed for record by him'in the Office of the Yakima County
Auditor, and shall not be deemed 'approved' until so filed.
The subdivider shall be responsible for payment of all filing
fees.
14.15.090 Resubdivision Restricted. No lot within a recorded
short' plat shall be further divided within a period of five years
• from the date of recording of the short plat,-unless a final plat
has been approved and filed for record in accordance with the
requirements of this title.
14.15.100'Short Plat Amendment. An approved and recorded
short plat may be amended or vacated in whole or in part in a
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manner not involving a resubdivision by recording an amended short
plat in accordance with the following provisions:
A. The amended short plat must comply with procedures
and requirements of this chapter for original short plat
approval.
B. The title of the amended short plat shall be:
"Short Plat No.
"Amending Short Plat No.
C. The amended short plat shall show all of the land
shown on the original short plat; shall show all deleted
original lot lines as dashed lines; and shall bear the acknow-
ledged signatures of all current fee simple owners and con-
tract purchasers of the affected lots within the original
411
short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number
of lots included in the original short plat.
E. Minor errors not involving a change in lot lines may
be corrected by the surveyor upon approval of the Administra-
tor by recording an affidavit with the Yakima County Auditor
specifically referencing the short plat by number and the
correction.
14.15.110 Short Plat -- Decision Appeals.
A. In order that the majority of short plats may be
filed for record immediately after approval without third 111
parties being thereafter misled as to their validity, any
appeals from the Administrator's decision to approve a short
plat shall be limited to an aggrieved person who has filed
with the Office of Environmental Planning a written notice to
appeal the Administrator's decision in the event that the
determination may be to approve the short plat. Said notice
of intention to appeal must be filed prior to the Adminis-
trator's filing for record of the'short plat in order to
preserve a right to appeal. If the Administrator determines
to approve a short plat for which a notice of intention to
appeal has been filed, the Administrator shall issue said
decision by mailing notification thereof to any person who has
filed a notice of intention to appeal and shall refrain from
filing an approved short plat for ten (10) calendar days, or 1110
until a decision is affirmed in the event an appeal is perfected.
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B. An appeal to the City Planning Commission shall be
perfected by filing with the Office of Environmental Planning
a written notice of appeal stating the specific reasons for
the appeal within ten (10) calendar days following issuance of
the Administrator's decision. The City Planning Commission,
following a public hearing thereon held within twenty calendar
days of filing of the notice of appeal, of which the appealing
• party and the subdivider are mailed written notice at least
four days prior thereto and notice of which is published in
the official city newspaper not less than two days prior
thereto, may affirm or reverse the Administrator's decision,
or approve the same upon compliance with conditions, if any,
imposed by the Planning Commission. If the Administrator's
decision to approve a short plat is affirmed, the Adminis-
trator shall file the approved short plat for record. Following
the Planning Commission's decision to affirm, reverse or
remand the decision, appeal may be had to the City Council.
C. Any person aggrieved by the Administrator's decision
to disapprove a proposed short plat may perfect an appeal to
the Planning Commission by complying with Subsection B of this
section without the necessity of having first filed the notice
of intention required by Subsection A of this section.
•
•
111.
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Chapter 14.20
Short Subdivision Design and
• Improvement Requirements
14.20.010 Design Requirements.
A. All short subdivisions shall comply with the de-
sign requirements for subdivisions contained in Chapter 14.30
of this title with the following exceptions:
1. Upon application by the subdivider, the
Administrator may waive the requirements of Section
14.30.040 (A) (2) of this title and permit one (1)
lot within a short subdivision to gain access to a
public street by means of an access easement at least
twenty (20) feet in width.
2. The utility easement design requirements of
Section 14.30.060 of this title shall not constitute
strict requirements for each short subdivision but shall
be used as a guide by the Administrator in reviewing each
proposed short subdivision.
14.20.020 Improvement Requirements. •
A. Street, utility, lighting, and sidewalk improvements
are required for each short subdivision and shall be consistent
with the size, nature, and availability of existing im-
provements which serve adjacent lots and lots in the immediate
111
vicinity of the proposed short subdivision.
B. Improvement requirements for each short subdivision
shall be established by the Administrator in conformance with
subsection (A) of this section. If requested by the subdivider,
the Administrator shall provide a written determination of im-
provements which will be required pursuant to the provisions
of this chapter. Appeal of the Administrator's determination
of required improvements may be had in the same manner as pro-
vided for by Section 14.15.120 (B) of this title.
411
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C. In the event the required improvements for a short
411 subdivision are of a lesser size, quality, or availability
• than those improvements which would be required of a full
subdivision pursuant to Chapter 14.35 of this title, then each
lot in the short subdivision shall be committed on the face
110 of the short plat, as an obligation or covenant running with
the land, to participate in future local improvement districts
for the construction of improvements, in compliance with
Chapter 14.35 as it exists at the time the local improvement
district is formed.
I \/ •
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411
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•
•
Chapter 14.25
Subdivisions - Procedure
14.25.010 Approval Required. It shall be unlawful for any
person to divide land so as to constitute a subdivision within the
City of Yakima, or to enter into any contract for the sale or lease
of any part of such land, without first complying with the provi-
sions of this title applicable to such division of land. •
14.25.020 Administration.
A. The City of Yakima Director of the Office of Com-
munity Development, referred to in this title as the adminis-
trator, is vested with the duty of administering and inter-
preting the subdivision provisions of this title.
B. The Administrator may prepare and require the use of
such forms as deemed necessary to administer this title.
14.25.030 Preapplication Procedure. When any person desires
to make application for a subdivision, he shall first prepare a
preapplication drawing of the proposed subdivision showing the
proposed layout of the lots, streets, and utilities. The Ad-
ministrator shall then schedule an informal meeting with the
subdivider and the Design Review Team to review the proposal.
Based upon information acquired during this meeting, the subdivider
may then prepare a preliminary plat and submit an application for
the proposed subdivision.
14.25.040 Application for a Subdivision - Requirements.
411
A. An application for a subdivision may be made by an
owner or owners of land, or by an authorized agent of an owner
or owners, or by a representative of any governmental agency
if the subdivision is sought for a governmental purpose and
such application shall be filed with the City Office of En-
vironmental Planning.
B. Each application for a subdivision shall include the
following:
-22- 111
1. A written application on a form provided by the
Office of Environmental Planning and signed by the land
owner, owners, or authorized agent.
411
2. A current preliminary land title commitment.
•
3. Twenty (20) copies of the preliminary plat of
the property.
•
4. A nonrefundable application fee of $60.00 plus
$3.00 per lot within the proposed subdivision. The fee
shall be payable to the Yakima City Treasurer.
5. A completed Environmental Checklist pursuant to
the provisions of the State Environmental Policy Act
(SEPA).
14.25.050 Preliminary Plat Preparation. A preliminary plat
may be prepared by a land owner, owners, or by an authorized agent
of an owner or owners. A land surveyor registered in the State of
Washington is not required to prepare a preliminary plat.
14.25.060 Preliminary Plat Contents. A preliminary plat shall
be legibly drawn at a scale of one (1) inch equals one hundred
(100) feet or larger and shall be at least eighteen (18) inches by
twenty-four (24) inches in size. It shall show:
A. The entire lot or parcel constituting the appli-
cant's land.
B. Proposed name of the subdivision; this name shall
not duplicate any name used on a recorded plat or subdivision
in Yakima County, including the municipalities of Yakima
•
County.
C. Accurate and complete legal description of the pro-
posed subdivision.
D. Scale, north arrow, and date.
E. Boundary lines based upon a recent land survey of
the land proposed to be subdivided and boundary lines of all
proposed lots and streets.
-23-
_ _ .
F. Location and size of water and sewer lines; utility
easements; and drainage system proposed to serve the lots within
the proposed subdivision and their point of connection with
existing services.
G. Location, size, purpose, and nature of existing
roads, streets, rights-of-way, and easements adjacent to, or
across, the land.
H. Location of any streets, rights-of-way, or easements
proposed to serve the lots within the proposed subdivision
with a clear designation of their size, purpose, and nature.
I. Parcels of land intended or required to be dedicated
for streets or other public purposes.
J. Contour lines at two (2) foot elevation intervals
for slopes less than 10% and five (5) foot elevation intervals
for slopes more than 10%. Elevations shall be based upon City
of Yakima datum if available.
14.25.070 Hearing Date Established. Upon receiving an appli-
cation for a subdivision, the Administrator shall set a date for a
public hearing on the application before the City Planning Com-
mission. The Administrator may establish deadlines for submittal
of applications prior to regular monthly Planning Commission meet-
ings, however, the hearing date shall not be set more than sixty
(60) days from the date of filing of the application.
14.25.080 Notice of Public Hearing.
A. Notice of public hearing before the City Planning
Commission shall be given by the Secretary of the City Plan-
ning Commission in the following manner:
1. By publication of at least one notice not less
than ten (10) calendar days prior to the hearing in the
official City newspaper.
2. By notice given at least ten (10) calendar days
prior to the date of the hearing by mailing such notice
411
to the owners of all properties within three hundred
(300) feet of the exterior boundaries of the proposed
subdivision, as such owners are shown on the records of
the Yakima County Assessor.
-24-
3. Additional notice of such hearing shall be
given to the Board of Yakima County Commissioners and the
Yakima County Planning Department upon the filing of a
preliminary plat of a proposed subdivision adjoining the
municipal boundaries of the City of Yakima; and
4. Additional notice of such hearing shall be
given to the Washington State Department of Highways upon
II/ the filing of a preliminary plat of a proposed subdivi-
sion located adjacent to the right-of-way of a State
highway.
B. Each notice required by this section shall include
the date, hour, and location of the public hearing; a legal
description of the proposed subdivision; and a vicinity loca-
tion sketch and a location description in nonlegal language.
14.25.090 Notice to Affected Agencies and Departments. Upon
the filing of an application for a subdivision with the Office of
Environmental Planning, the Administrator shall supply notice of
the date, hour, and location of the public hearing, together with a
copy of the preliminary plat to the following agencies and depart-
ments if appropriate:
A. City Director of Public Works;
B. City Office of Code Enforcement;
C. City Office of Engineering;
D. Yakima County Clean Air Authority;
III E. Appropriate irrigation district or company;
F. Private water company;
H. City Fire Department;
I. City Police Department;
J. Yakima Health District;
K. Yakima County Department of Public Works;
L. Affected school district;
M. Local Office of the Washington State Department of
Ecology;
-25-
N. Local Office of the United States Soil Conservation
Service;
0. The office of any electrical distribution company
servicing the area;
P. The office of any telephone company servicing the
411
area;
Q. The office of any natural gas company servicing the
area.
R. Any other affected utility company or special dis-
trict.
14.25.100 Design Review Team -- Recommendations.
•
A. The City Design Review Team shall conduct an in-
formal meeting with the subdivider within thirty (30) days
of submission of the application for the purpose of reviewing
the proposed subdivision and making recommendations for
corrections, additions, deletions, or other changes. The
recommendations of the Design Review Team shall be submitted
to the Planning Commission for review during the public
hearing on the proposed subdivision.
B. The Design Review Team shall consist of the follow-
ing:
1. Principal Planner, Chairman
2. Chief Building Inspector
3. Director of Public Works
4. City Engineer
5. City Traffic Engineer
6. Fire Chief/Fire Marshal
111
7. Representatives of affected utilities
-26-
14.25.110 Review by Planning Commission -- Recommendation Re-
quired.
A. The City Planning Commission shall review the pro-
posed subdivision during a public hearing and dete/mine wheth-
er or not the following standards are satisfied by the pro-
posed subdivision:
411
1. Conformance with the provisions of the City
Zoning Ordinance;
2. Conformance with City of Yakima Comprehensive
Plan;
3. Conformance with the provisions of this title;
4. Appropriate provisions for:
a. Public health, safety, and welfare;
b. Open spaces;
c. Drainage systems;
d. Streets, alleys, and other public ways;
e. Water supplies;
f. Sanitary waste disposal;
g. Parks and playgrounds;
h. Sites for schools and school grounds.
5. Based upon standards 1 through 4 of this sec-
tion, that the public use and interest will be served.
B. The Planning Commission shall submit a recommenda-
tion for approval or disapproval with its findings regarding
all standards contained in Subsection A, of this Section to
the City Council no later than fourteen (14) days following
• its action.
14.25.120 Preliminary Plat -- Council Determination at Pub-
• lic Meeting -- Procedure for Change of Recommendation -- Time
Limitation for Approval or Disapproval.
A. Upon receipt of the recommendation of the City
Planning Commission on any preliminary plat of a proposed
-27-
subdivision, the City Council shall at its next public meeting
set the date for a public meeting where it may adopt or reject
the recommendations of the City Planning Commission.
Aft
B. If, after considering the matter at a public meet-
ing, the Council deems a change in the Planning Commission's
recommendation approving or disapproving any preliminary plat
to be necessary, the change of the recommendation shall not be
made until the Council shall conduct a public hearing and
thereupon adopt its own recommendations and approve or disap-
prove the preliminary plat; provided, that such public hearing
may be held before a committee consisting of a majority of the
Council members, in which event such committee shall report
its recommendations on the matter to the Council for final
action at a public meeting.
C. A record of all such meetings and hearings shall be
kept and shall be open to public inspection.
D. Each preliminary plat of a proposed subdivision and
dedication shall be approved, disapproved, or returned to the
applicant for modification or correction within ninety (90)
calendar days from the date of filing thereof with the City
Department of Community Development unless the applicant
consents to an extension of such time period; provided, that
if an environmental impact statement is required as provided
in Section 43.21C.030 of the Revised Code of Washington the
ninety (90) day period shall not include any of the time
devoted by the City to any preparation or circulation of such
• environmental impact statement.
14.25.130 Preliminary Plat -- Factors to be Considered by
City Council'-- Findings -- Conditions of Approval.
A. The City Council shall review the proposed sub-
division and the recommendations and findings of the Planning
Commission. If the Council determines that standards of
Section 14.25.110 of this title are satisfied, then it shall
approve the preliminary plat. If the Council determines that
the standards of Section 14.25.110 of this title have not been
satisfied, then it shall disapprove the preliminary plat or re-
turn it for modifications. In the event that a public hearing
is held by the Council to consider changing the Planning •
Commission's recommendation and findings, the Council shall
adopt its own findings regarding the standards of Section
14.25.110 of this title.
-28-
B. The Council shall, in making its determination
pursuant to Subsection A of this section, consider the physi-
cal characteristics of a proposed subdivision site and may
110 disapprove a proposed plat because of flood, inundation, or
swamp conditions. The Council may, as the alternative to
disapproval, require construction of a protective improvements
for flood, inundation or swamp conditions as a condition of
approval of the preliminary plat of a proposed subdivision.
No preliminary plat shall be approved by the Council covering
any land situated in a flood control zone as provided in
Chapter 86.16 of the Revised Code of Washington without the • .
prior written approval of the Washington State Department of
Ecology.
C. The Council may require dedication of land to any
public body as a condition of approval of the preliminary plat
of a proposed subdivision. If the proposed subdivision in-
. cludes a dedication, the Council may require a waiver of the
right of direct access to any street from any property.
D. The Council shall not require a release from damages
to be procured from other property owners as a condition of
approval of a proposed subdivision.
14.25.140 Preliminary Plat -- Allowance of Bond in Lieu
ofActual Improvements Prior to Approval of Final Plat.
A. As an alternative to construction of required
improvements prior to final plat approval, the subdivider may
provide a surety bond or other secure method acceptable to
the City Council which provides for and secures to the City
the actual construction of the improvements.
B. The value of the bond or security shall be 110% of
the estimated cost of the improvements. The estimated cost
shall be based upon the approved preliminary plat drawings.
C. An application for use of a surety bond or other
method of security shall be made to the City Engineer and
shall describe the method of security to be provided and the
estimated cost of the required improvements. The application,
110 including the estimated cost of improvements and the general
terms of the security agreement, shall be subject to review
and approval by the City Engineer who shall notify the sub-
divider of tentative approval or rejection of the application
110 within fourteen days after its filing.
-29-
D. After tentative approval of an application has been
given by the City Engineer as provided in Subsection C of this
section, the subdivider shall submit the bond or other method
111
of security to the City Engineer for final review and recom-
mendation thereon to the City Council. The City Council shall
take action to accept or reject the proposed bond or other
method of security prior to taking formal action on the final
plat. •
14.25.145 Preliminary Plat -- Creation of Local Improvement
District in Lieu of Actual Improvements Prior to Approval of Final
Plat. In lieu of the actual installation or construction of re-
required improvements prior to approval of the final plat, the City
Council may create a Local Improvement District pursuant to a
request therefore made by the owner, the creation of which district,
and the lapse of the time period for protests against the creation
thereof, shall be deemed by the City to be sufficient assurance
that improvements will be installed.
14.25.150 Maintenance Bond.
A. The subdivider shall file with the City Engineer or
propose some other method of security providing for and securing
to the City of Yakima the successful operation of required
improvements for one (1) year, and assuring the correction or
repair of any defects in workmanship or material appearing
within that one year period.
B. The amount and conditions of the maintenance bond or
other method of security shall be subject to tentative approval
by the City Council prior to approval of the final plat.
111
14.25.160 Preliminary Plat -- Expiration of Approval --
Extension -- Conditions.
A. Approval of preliminary plats of proposed subdivi-
sions shall expire one year from the date of City Council
approval thereof. The Council may, upon application of the
subdivider prior to such expiration, grant an extension for a
maximum period of one year from the expiration date.
B. The City Council in making its determination as to IP
whether to grant an extension of time shall consider the past
diligence and future plans of the subdivider, as well as the
recommendation made by the City Planning Commission.
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•
C. Any extension of time granted pursuant to this
section shall be conditioned upon the proposed subdivision's
meeting all subdivision requirements in effect on the date
•
that such extension is granted.
14.25.170 Final Plat -- Submission for Approval Required --
Copies . Fees.
A. A final plat of a proposed subdivision may be sub-
mitted for approval by the City Council by filing the proposed
final plat in the Office of Environmental Planning within one
year from the date of approval of the preliminary plat or
within the time prescribed by any extension granted by the
City Council.
B. Each final plat submitted for approval shall be
accompanied by an original reproducible drawing of the sub-
division, four (4) copies thereof, and a current title report.
C. Each final plat shall be subject to a fee to cover
the expense of plan review and inspection by the City Engineer.
The fee shall be paid in the following manner:
1. Payment of a deposit equivalent to five per-
cent (5%) of the estimated cost of required improvements
at the time of final plat submission.
2. Payment of costs incurred by the City Engineer
in excess of the amount of the deposit prior to accep-
tance of the improvements by the City Engineer.
• 3. Any portion of the deposit not expended by
the City Engineer in plan review and inspection shall
be returned to the subdivider.
14.25.180 Final Plat -- Preparation.
A. Each final plat shall be prepared by a land surveyor
registered in the State of Washington and certified by the
surveyor to be a true and correct representation of lands
actually surveyed by him. •
• .
B. The final plat shall be prepared by the surveyor in'
accordance with the provisions of the Survey Recording Act
(RCW 58.09) as it now exists or is hereafter amended.
•
-31-
C. The land survey of the final plat shall be referenced
from two (2) monumented section or quarter section corners or,
if the land lies within an existing subdivision, from two (2)
controlling monuments within the existing subdivision.
D. Permanent survey monuments shall be placed at all
lot corners and street intersections.
!II
14.25.190 Final Plat -- Conformance with Preliminary Plat
Approval. Each final plat submitted for approval shall be in con-
formance with the conditions of preliminary plat approval. Minor
deviations may be permitted by the City Council because of un-
foreseen technical or engineering problems.
14.25.200 Final Plat -- Requirements. Each final plat sub-
.
mitted for approval shall be drawn at a scale of one inch equals
one hundred (100) feet or larger; shall be eighteen (18) inches by
•
twenty-four (24) inches in size; and shall contain the following
information on the face of the plat or on additional sheets if
approved by the Administrator.
A. Date, north arrow and scale.
•
B. Name of the subdivision.
C. Accurate and complete legal description of the
subdivision on the face of the final plat.
D. 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 descriptions of the same and the
actual traverse showing error of closure and method of bal-
ancing. A sketch showing all distances, angles and calcula-
tions required to determine corners and distances of the plat
shall accompany this data. The allowable error of closure
shall not exceed one foot in five (5) thousand feet.
E. Boundary lines of the subdivision; of the proposed
•
lots therein; of the rights-of-way for any streets, highways,
roads, easements or other uses; and of dedications; all to be
indicated by accurate dimensions, bearing or deflection an-
gles, and radii, arcs, and central angles of all curves.
F. Notation and description of any protective improve-
ments or dedications required by the City Council or otherwise
provided for.
-32-
•
G. Reference to any recorded subdivision or short sub-
division adjoining the subdivision.
H. Name and right-of-way width of each street or other
right-of-way.
I. Location, dimensions, and purpose of any easements.
J. Number to identify each lot and block.
K. Purpose for which sites, other than residential
lots, are dedicated or reserved.
L. Certificate by the surveyor certifying to the accur-
acy of the survey and plat in substantially the following
form:
"I,
, a Professional Land
Surveyor, do hereby certify that the plat of
is based upon an actual survey and subdivision
of Section , Township , Range
; that the distances, courses, and angles are
shown thereon correctly and that monuments and lot corners
have been set on the ground as shown on the plat.
(Surveyor's Signature and Seal)
M. Acknowledged certificate of free consent executed by
all parties having any interest in the lands being subdivided
as shown by a current title report; and also, in the case of
111 plats containing a dedication of roads, streets, or other
areas, the dedication, waiver of claims for damages, and, if
required, a waiver of direct access, all pursuant to RCW
58.17.165 and in a form substantially the same as specified by
Section 14.15.050 (H) of this title.
N. A statement evidencing irrigation water rights-of-
way if the subdivision lies wholly or in part in an irrigation
district.
0. Dedication by the owner of streets, rights-of-way,
easements, and any sites for private, semi-private, or public
use.
P. The signature of the City Engineer or other licensed
engineer acting on behalf of the City. Signature by the City
Engineer shall certify that the subdivider has either:
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1. Completed all improvements in accordance with
these regulations and with the action of the City Coun-
cil, or
2. Submitted a bond or other method of security in
accordance with the provisions of Section 14.25.140 of
this Title sufficient to assure completion of all re-
111
quired improvements.
Q. The signature of the Administrator which shall
certify that the final plat conforms with the conditions of
approval for the preliminary plat of the subdivision.
R. A space for the signature of the Mayor whose sig-
nature shall evidence the approval of the final plat by the
Yakima City Council.
14.25.210 Final Plat Approval.
A. Upon receipt of a proposed final plat, the City
Council shall at their next public meeting set a date for
consideration of the final plat at a public meeting. Notice
of the date, time, and location of the public meeting shall be
given to the subdivider, surveyor, City Engineer, Office of
Environmental Planning, and the Yakima County Health Officer
at least four days prior to the date of the public meeting.
B. The City Council shall review the final plat during
the public meeting and shall approve the final plat if the
Council determines that the final plat conforms to the condi-
tions of preliminary plat approval, that the final plat meets
the requirements of this title, and that the public use and
interest will be served by the subdivision, provided, that no
plat shall be approved by the Council for any land situated in
a flood control zone as provided by Chapter 86.16 RCW without
prior written approval of the Washington State Department of
Ecology.
C. Upon approving any final plat, the City Council
shall authorize the Mayor to sign the final plat as evidence
of City Council approval. 4111
14.25.220 Final Plat -- Recording. All final plats approved
by the City Council shall be filed for record immediately, or as
soon as possible, by the subdivider in the Yakima County-Auditor's
-34-
Office. The subdivider shall be responsible for all filing fees.
Any final plat filed for record containing a dedication shall be
accompanied by a current title report.
14.25.230 Final Plat -- Alterations, Vacations.
A. The alteration or vacation of final plats filed for
record in the Office of the Yakima County Auditor shall comply
with the provisions of Chapter 58.12 Revised Code of Washing-
ton.
B. All petitions for plat alterations or vacations
shall be reviewed by the City Planning Commission and a recom-
mendation made thereon to the City Council prior to Council
action.
14.25.240 Final Plat -- Street Vacations.
111
A. The vacation of any street within a final plat filed
for record in the Office of the Yakima County Auditor shall
comply with the provisions of Chapter 35.79 Revised Code of
Washington.
B. All petitions for street vacations or resolutions of
the City Council initiating the same shall be reviewed by the
City Planning Commission and a recommendation made thereon to
the City Council prior to Council action.
C. The abutting property owners of any street, or
alley, or other public way to be vacated shall compensate the
City of Yakima in an amount equal to one-half the appraised
value of the area to be vacated.
411
-35-
Chapter 14.30
Subdivision
Design Requirements
14.30.010 Conformity With Provisions Required. In the plan-
ning of each subdivision regulated by the provisions of this title,
the subdivider shall prepare the subdivision in conformance with
the provisions of this chapter and shall thereafter adhere to the
requirements of this chapter in the actual physical development of
each subdivision.
14.30.020 Compliance With Comprehensive Plan Required. Each
subdivision shall comply with the goals, policies, and standards of
the City of Yakima Comprehensive Plan as it now exists or is
hereafter amended. 411
14.30.030 Compliance With Zoning Ordinance. Each lot within a
subdivision shall comply with the lot size and width requirements
of the City of Yakima Zoning Ordinance.
14.30.040 Lot Design.
A. Each lot within a subdivision shall comply with the
following design standards and requirements:
1. Double frontage lots are only permitted where
determined by the Council, or the Administrator in the
case of short subdivisions, to be essential to provide
separation of residential lots from major and secondary
arterial streets, high intensity land uses, or to over-
come specific disadvantages of topography or parcel
configuration. When double frontage lots are used,
access shall be limited to only one of the fronting
streets.
2. Each lot shall have direct access to and front-
age upon a dedicated public street except lots in ap-
proved Planned Developments pursuant to Chapter 12.50
Yakima Municipal Code. :Minimum street frontage shall be
twenty (20) feet. Lots intended for residential use
should not front upon a major or secondary arterial.
-36-
3. All lots not located in,a Planned Development
subdivision shall have a minimum lot width at the build-
ing setback line of sixty (60) feet.
14.30.050 Block Design. Blocks shall not be less than 250
feet nor more than 1,000 feet in length as measured along their
111 greatest dimension. Any block over 660 feet in length may be
required to provide for a pedestrian way connecting opposite sides
of the block. The pedestrian way shall be dedicated to public use
and shall be located as near as possible to the center of the
block.
14.30.060 Utility Easement Design.
A. Utility easements shall be continuous and aligned
from block to block within a subdivision and with adjoining
subdivisions as far as possible.
B. An eight (8) foot wide easement shall be provided
across the front and rear of each lot within a subdivision. Side
lot line easements shall be required where deemed necessary by
the Administrator to adequately provide lots with utility ser-
vices or to provide for continuous easements.
C. Drainage easements shall be provided where a sub-
.
division or short subdivision is traversed by a watercourse,
drainage way, or stream channel. Alignment and width of •
drainage easements shall be established by the City Engineer.
• D. Easements for unusual facilities such as high vol-
111 tage electric lines, irrigation canals, and high capacity gas
transmission lines shall be provided under the direction of
the City Engineer and Design Review Team.
14.30.070 Street Design.
A. Right-of-Way:
1. Right-of-way shall be dedicated for new or
existing streets, adjacent to or within a subdivision
to accommodate the following minimum right-of-way widths:
-37-
a. Major Arterial - 80 feet
b. Secondary Arterial - 70 feet
111
c. Neighborhood Collector - 60 feet
d. Local Access - 50 feet
e. Minor Local Access - 35 feet
2. Where an arterial or neighborhood collector
street intersects an equal or higher order street, the
right-of-way to be dedicated for that portion of the
street within five hundred (500) feet of the intersection
shall be as follows:
a. Major Arterial - 100 feet
b. Secondary Arterial - 80 feet
c. Neighborhood Collector - 70 feet
3. Right-of-way shall be dedicated for the future
projection of existing streets which, if constructed, would
lie adjacent to the subdivision.
4. Right-of-way for cul-de-sacs and other methods
of vehicle turn around shall be dedicated to meet the
following standards:
a. Cul-de-Sacs - 80 feet in diameter
111
b. "L" or "T" Right-of-way the same
as approach street. Turn
around shall have two legs,
one thirty (30) feet in
length and one twenty (20)
feet in length.
B. Pattern:
1. Street pattern should provide for the continu-
ation or appropriate projection of existing streets.
2. Local access streets shall be planned to dis-
courage their use by non-local traffic.
3. Property lines at intersections shall be rounded
with a radius of twenty (20) feet, or of a greater radius
where the City Engineer may deem it necessary.
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4. Streets shall be designed so as to intersect as
nearly as possible at right angles and in no case shall
streets intersect at an angle of less then eighty (80)
degrees.
5. Street jogs with centerline offsets of less
than one hundred twenty (120) feet shall not be allowed.
• 6. Dead-end streets, designed to be so permanent-
ly, shall not be longer than one thousand (1000) feet
and shall be provided at the closed end with a cul-de-
sac or other means of vehicle turn around approved by
•
the City Engineer.
7. Temporary dead-end streets shall be provided
with a temporary vehicle turn around at the closed end and
the design should additionally provide for continuation
of the full right-of-way width to the property boundary.
8. Alleys, if used, should be centered on the rear
lot lines and shall not serve as the only or major access
to lots. Minimum alley width shall be twenty (20) feet.
9. The Council may upon recommendation from the
Planning Commission, City Engineer, or Administrator require
such other design standards as deemed appropriate to
insure a safe and efficient street system.
D. Names:
1. Streets which are aligned with existing streets
• or are a continuation thereof shall bear the name of the
existing street.
2. Streets which are not aligned with existing
streets or a continuation thereof shall not bear a name
which will duplicate or be confused with the name of
existing streets.
3. All street names are subject to approval by the
Administrator.
• Sidewalk Design.
A. Sidewalks shall be provided along all new and
• existing streets in conformance with the following minimum
standards:
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1. Sidewalks shall be located in the right-of-way
in accordance with the direction of the City Engineer.
111
2. Sidewalks shall be placed along at least one
side of all local access and minor local access streets
and shall have a minimum width of four (4) feet.
•
3. Sidewalks shall be placed along both sides of
all arterial and neighborhood collector streets and shall
have a minimum width of seven (7) feet.
4. Sidewalks in commercial areas shall be twelve
(12) feet wide unless the City Council determines that a
lesser width is sufficient.
5. Where a proposed subdivision or short subdivi-
sion is located adjacent to an existing street, the sub-
divider is not required to provide a sidewalk on the
opposite side of the street.
14.80.090 Street Lighting.
A. Street lights shall be provided in conformance with
the following standards:
1. One (1) street light at each street inter-
section.
2. One (1) street light at mid-block if the block
is longer than five hundred (500) feet.
3. Placement of street lights along arterial
and neighborhood collector streets shall conform to
the street light design plans for the street.
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Chapter 14.35
Subdivision
Improvement Requirements
111
14.35.010 Conformity With Provisions Required. In the plan-
ning of each subdivision regulated by the provisions of this title,
the subdivider shall comply with the subdivision improvement re-
quirements of this chapter.
14.35.020 Design and Engineering Plans Required. The sub-
divider shall submit design and engineering plans to the City
Engineer for all improvements required pursuant to the provisions
of this Title. No construction of improvements shall begin
until the City Engineer has approved the plans.
14.35.030 Conformance With Design and Engineering Plans --
Inspection of Improvements.
A. The subdivider shall construct all required improve-
ments in conformance with the approved design and engineering
plans.
B. All required improvements shall be inspected by the
City Engineer and approved prior to submittal of the final
plat or the release of the bond or other method of security.
14.35.040 Submission of "As Built" Drawings. The subdivider
• shall submit to the City Engineer reproducible "as built" drawings
of all streets, alleys, and underground utility placements within
thirty (30) days of completion of such installations.
14.35.050 Street Improvements.
A. Existing or proposed streets, except major arterials,
in or adjacent to a proposed subdivision shall be improved at
the expense of the subdivider by the construction of curbs,
gutters, and pavement surface approved by the City Engineer.
Minimum pavement width from curb to curb shall be as follows:
411
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1. Secondary Arterial 50 feet
2. Neighborhood Collector 44 feet
3. Local Access 32 feet
4. Minor Local Access 27 feet .111
5. Cul-de-Sacs 65 feet
6. "1" or "T" Same as approach street
B. Where a secondary arterial or neighborhood collector
street intersects an equal or higher order street, the width •
of the street improvement for that portion of the street
within five hundred (500) feet of the intersection shall be as
follows:
1. Secondary Arterial 64 feet
2. Neighborhood Collector 50 feet
14.35.060 Utilities.
A. A sanitary sewer system shall be installed with a
separate connection to the City sewer system for each lot and
shall be constructed and installed in conformance with appli-
cable codes and standards of the City of Yakima. Where City
sewer service is not available or unfeasible, a method of •
sewage disposal approved by the Yakima County Health District
will be permitted.
B. A complete domestic water distribution and fire pro-
tection system shall be installed and connected to the City of
Yakima water system or an approved private water company
system. The water distribution system shall conform to
Chapter 10.10, 'Fire Hydrants', of the City of Yakima Muni-
cipal Code.
110
C. Each subdivision shall provide a drainage system for
the collection, control, and disposal of surface water runoff.
The drainage system shall be connected to an existing City of
Yakima, Yakima County, or private drain if reasonably feasible
as recommended by the City Engineer.
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•
D. All new utilities shall be installed underground ex-
,
cept the following:
1. Electric utility substations, pad-mounted
transformers and switching facilities;
2. Electric transmission systems of a voltage of
15 KV or more.
3. Service meters at structures.
4. TV cable amplifiers.
5. Telephone pedestals, cross connect terminals,
repeaters and cable warning signals.
6. Street lighting standards.
7. Temporary services necessary for construction.
E. All franchized utilities including City utilities
shall have access to and use of all utility easements except
special purpose easements such as those for high voltage
electrical lines.
F. No buildings or structures except fences shall be
permitted to be constructed on any utility easement.
14.35.070 Street Lights.
A. The subdivider *hall install at his expense street
lights in accordance with the adopted standards of the City
Engineer.
•
B. Such improvements shall become the property of the
•
City of Yakima upon installation and shall thereafter be main-
tained by the City.
14.35.080 Sidewalks. Sidewalks shall be constructed of con-
crete, three and five-eights (3-5/8) inches in thickness, on a
two (2) inch thick gravel base and shall be constructed with ramps
where they intersect streets.
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14.35.090 Improvements for Flood, Inundation, or Swamp Con-
ditions. Land which the City Council or City Planning Commission
has found to be unsuitable for development due to flood, inunda-
tion, insufficient drainage, swamp conditions, or any other condi-
tion likely to be harmful to the health, safety and welfare of
future residents, shall not be divided by subdivision or short
subdivision unless construction of protective improvements approved
by the City Engineer are accepted by the Council or the Adminis-
trator.
14.35.100 Improvements for Unstable Soil Conditions. Land
which has a slope or slopes of more than twenty (20) percent or has
unstable soil conditions shall not be subdivided unless the sub-
divider first furnishes soils data to the City Engineer, and
designs and installs corrective measures to control slides, ero-
sion, drainage, or other similar problems as required and approved
by the City Engineer. •
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Chapter 14.40
•
411 Planned Development
Subdivisions and Short Subdivisions
14.40.010 Subdivision or Short Subdivision Permitted When
Preliminary Subdivision Plan Approved. Subdivision or short sub-
.
division of land zoned Planned Development pursuant to Chapter
12.50 Yakima Municipal Code (City of Yakima Zoning Ordinance) is
permitted if the approved Final Development Plan and Program con-
tains a preliminary subdivision plan.
14.40.020 Conformance With Final Plan Required. Subdivision
or short subdivision of land zoned Planned Development shall con-
411 form to the Final Development Plan and Program for the lot or
parcel.
14.40.030 Procedural Requirements - Short Subdivision. Short
subdivision of land zoned Planned Development shall comply with the
procedural requirements of Chapter 14.15 of this title. •
14.40.040 Procedural Requirements - Subdivisions.
A. The review and approval of a Final Development Plan
and Program with a preliminary subdivision plan shall replace
the preliminary plat procedures of Chapter 14.25 of this
title. In the review of any Final Development Plan and Pro-
gram with a preliminary subdivision plan, the Planning Commis-
sion and Council shall apply the standards of Section 14.25.110
(A) of this title.
B. Upon approval of the Final Development Plan and
Program, the subdivider may submit a final plat for approval
in accordance with the procedures of Sections 14.25.160
through 14.25.210 of this title.
14.40.050 Design and Improvement Requirements. A subdivision
or short subdivision of land zoned Planned Development shall con-
form to the design and improvement requirements of Chapters 14.30
and 14.35 of this title unless otherwise specified by the Final
Development Plan and Program as approved by the City Council.
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Chapter 14.45
Subdivision and Short Subdivision
Enforcement Provisions
14.45.010 Administrative Officer. The City Director of Com-
munity Development shall be vested with the administrative duty of
interpreting, coordinating responsibilities and enforcing the
provisions of this title.
14.45.020 Variances.
A. Applications for variances from the literal enforce-
ment of the terms of this Title shall be made in writing and
filed by the landowner with the City Department of Community
Development, which application shall specifically state the
relief sought and the reasons therefore. The application for
variance shall demonstrate all of the following:
1. That special conditions and circumstances exist
which are peculiar to the land involved and which are not
applicable to other lands in the same area.
2. That literal interpretation of the provisions
of this Title would deprive the land owner of rights com-
monly enjoyed by other properties in the same area under
the terms of this Title.
3. That the special conditions and circumstances
do not result from the actions of the applicant. •
4. That the special hardship is not self-inflicted.
5. That granting the variance requested will not
confer on the applicant any special privilege that is
denied by provisions of this Title to other lands in the
same area.
6. That financial gain is not the ground or
grounds for the variance.
7. That the variance will not nullify the intent
and purpose of the General Plan nor the provisions of
this Title.
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B. Such an application shall be considered by the
Planning Commission at a public meeting, and the Planning
Commission shall make its recommendation to the City Council
regarding such application.
C. On receipt by the City Council of the Planning
Commission recommendation, the City Council shall consider the
application at a public meeting. The City Council may grant
such variance from the terms of this Title as will not be
contrary to the public interest where, owing to special condi-
tions, a literal enforcement of the provisions of this Title
would work a unique hardship on the applicant. In granting
such variance, the City Council may require such conditions as
will, in its judgment, substantially secure the objectives of
the standards or requirements concerning which a variance is
granted.
' II!
14.45.030 Building Permits Restricted.
A. No building permit, utility permit or other develop-
ment permit shall be issued for any lot, tract, or parcel of
land divided in violation of this Title.
B. The prohibition contained in this section shall.not'
apply to an innocent purchaser for value without actual notice
of the act or acts constituting the violation. All purchasers'
and transferees' property shall comply with the provisions of
this Title in accordance with Chapter 58.17 of the Revised
Code of Washington.
14.45.040 Penalty for Violation. Any person, as defined in
Section 14.10.200 of this Title, who violates any provision of this
Title shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than two hundred fifty
dollars ($250), or by imprisonment in the City jail facility for
not more than ninety (90) days, for each such violation.
14.45.050 Each Transfer Separate Offense. Each sale or
lease, offer for sale or lease, or transfer of each separate lot,
tract, or parcel of land in violation of any provision of this
Title shall be deemed a separate and distinct offense.
110
14.45.060 Violation as Nuisance. Any development or use of
property or any act relating to a sale or lease, offer for sale or
• -47-
1
lease, or transfer of any lot, tract or parcel of land contrary to
the provisions of this Title is a public nuisance, subject to
prevention or abatement by injunction or other appropriate legal
remedy in the Superior Court of the State of Washington in and for
411
Yakima County.
14.45.070 Remedies Preserved. Nothing in this chapter shall
be construed to supersede, impair or otherwise affect any private
411
or public rights and remedies authorized by Chapter 58.17 of the
Revised Code of Washington, as they now exist or are hereafter
amended."
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Section 3' This ordinance shall be in full force and effect
thirty (30) days after its passage, approval and publication as provided
by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this SO
day of Or...to 6 eor , 1978. 411
g ra- erdnymexiian.)
MAYOR
AMST:
CITY CLERK d
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