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HomeMy WebLinkAboutOrdinance No. 0854CITY OF MEDINA Ordinance No. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, REPEALING TITLE 16 MMC AND ADOPTING CHAPTERS 20.73 AND 20.90 MMC RELATING TO DIVISIONS OF LAND AND LOT LINE ADJUSTMENTS WHEREAS, the City of Medina is classified as a non -charter code City under title 35A RCW; and WHEREAS, the Washington State Legislature enacted new platting regulations in 1969, to provide for a uniform manner of subdividing land in cities and counties throughout the state, and replacing the 1937 platting statutes; and WHEREAS, the state platting regulations are codified in chapter 58.17 RCW; and WHEREAS, pursuant to RCW 35A.11.020, the City Council may adopt and enforce ordinances of all kinds relating to and regulating local and municipal affairs, including divisions made for the purpose of alteration by adjusting boundary lines; and WHEREAS, the City Council had previously adopted rules and procedures covering short subdivisions and subdivisions, with the regulations pertaining to subdivisions last amended in 1964, and the regulations pertaining to short subdivisions last amended in 1986; and WHEREAS, the City Council wishes to update it rules and procedures for short subdivisions and subdivisions, and to add lot line adjustments rules and procedures; and WHEREAS, the City is developing a Unified Development Code and wishes to incorporate the subdivision and lot line adjustment regulations into the Unified Development Code; and WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Commerce on May 7, 2010; and WHEREAS, after giving proper notice, the Planning Commission held a public hearing on May 25, 2010, and forwarded a recommendation to the City Council; and WHEREAS, the City Council held a public hearing on July 12, 2010, to receive testimony for and against the proposed code amendment and to consider the Planning Commission's recommendation; and WHEREAS, the City Council makes the following conclusions: A. Revisions to the subdivision regulations are necessary to provide consistency with chapter 58.17 RCW; and B. The adoption of regulations governing the between platted lots is necessary to ensur zoning regulations, the comprehensive plan, egress is maintained; and 1 of 23 e adjustment of boundary lines conformance with applicable and that proper ingress and C. The addition of notification requirements for short subdivisions will improve the permitting process by ensuring the City has a complete record before rendering a decision on short subdivision applications; and D. The proposed changes will benefit the public health, safety and welfare if adopted; and WHEREAS, pursuant to WAC 197-11-340(1), a Determination of Nonsignificance (DNS) was issued for this code amendment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 16 of the Medina Municipal Code is repealed. 2of23 •W— V .0 M. 1 1WE / / 1 / 1 1 1 I � � ! � • • 1 �MIN Fra.00-1 Section 2. A new chapter 20.73 of the Medina Municipal Code is adopted to read as follows: LAND DIVISIONS Chapter 20.73 Sections: 20.73.010 Purpose. 20.73.020 Applicability. 20.73.030 Exemptions. 20.73.040 Definitions applicable to this chapter. 20.73.050 Administration. 20.73.060 General provisions. 20.73.070 Survey requirements. 20.73.080 Further division of a short subdivision and accumulative short subdivisions. 10of23 20.73.085 Review procedures and approvals. 20.73.090 Review procedures and approvals. 20.73.100 Approval criteria— lot line adjustment, short subdivision, and subdivision. 20.73.110 Submittal requirements. 20.73.730 Approval criteria — final short subdivision and subdivision. 20.73.130 Submittal requirements — final short subdivision and subdivision. 20.73.140 Minor modifications to a preliminary subdivision approval. 20.73.150 Recording with County Auditor. 20.73.160 Expiration of final approval. 20.73.165 Subdivision vesting after approval. 20.73.170 Subdivision vesting after approval. 20.73.180 Violations. 20.73.010 Purpose. A. The purpose of this chapter is to regulate the division of land and adjustment of lot lines while protecting the public health, safety and general welfare of the community. B. This chapter establishes the procedures for the division, re -division of land, and the adjustment of property boundaries in accordance with the goals, objectives and policies of the Medina Comprehensive Plan, and to ensure compliance with the City's development and engineering requirements. 20.73.020 Applicability. A. This chapter shall apply to all divisions of lands including short subdivisions, subdivisions and lot line adjustments hereafter established within the incorporated areas of the City of Medina. B. This chapter is applied in conjunction with chapter 2.73 MMC, Hearing Examiner; title 17 MMC, Zoning; chapter 18.04 MMC, State Environmental Policy Act; the Medina Shoreline Master Program; chapter 18.12 MMC, Critical Areas; chapter 20.80 MMC, Project Permit Review Procedures, and other applicable codes referencing this chapter. 20.73.030 Exemptions. The provisions of this chapter shall not apply to: A. Cemeteries and other burial plots while used for that purpose. B. Divisions of land made by testamentary provisions, or the laws of descent. C. Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation. D. A division of land into lots or tracts of less than 3 acres that is recorded in accordance with Chapter 58.09 RCW (Survey Recording Act) and is used or to be used for the purpose of establishing a site for construction and operation of consumer -owned or investor -owned electric utility facilities. The exemption only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. "New customers" are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this section are planned and constructed. E. A division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. F. A division of land for the purpose of dedicating to the public such tracts of lands for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for 11 of 23 schools, school grounds, water supplies, sanitary wastes and other general purposes that may be required to protect the public health, safety and welfare. G. Condominiums as set forth in chapters 64.32 or 64.34 RCW. 20.73.040 Definitions applicable to this chapter. A. Words in this chapter used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary. B. The following definitions apply to this chapter and they should be used in conjunction with other definitions found in title 17 and title 20 MMC. However, these definitions are not intended to replace or alter similar definitions found elsewhere within the Medina Municipal Code except when specifically applied to the provisions of this chapter. 1. "Auditor, County" means the person defined in chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. 2. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. 3. "Bond" means a satisfactory security to insure performance and/or warranty. The form of the security shall be determined by the Director. 4. "Buildable lot" means a tract or parcel of land, legally created, which may be used for the placement of structures separate from other parcels. 5. "City" means the City of Medina. 6. "Comprehensive Plan" means the City of Medina Comprehensive Plan as adopted and amended. 7. "Day" means calendar days. 8. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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. 9. "Director" means the city manager or designee. 10. "Division of land" means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title that alters or affects the shape, size or legal description of any part of the owner's land. 11. "Electric utility facilities" means unstaffed facilities except for the presence of security personnel that are used for or in connection with, or to facilitate the transmission, distribution, sale, or furnishing of, electricity including, but not limited to, electric power substations. 12. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with the powers and duties prescribed in Chapter 2.78 MMC. 13. "Lot" means a fractional part of divided lands having fixed boundaries being of sufficient area and dimension to meet the minimum and maximum underlying zoning district requirements for width, area and street frontage. The term shall include tracts or parcels. 14. "Lot line adjustment" means a minor movement of a property line between two or more adjoining parcels. Lot line adjustments are used to correct minor trespasses (such as building a shed over a property line) or to add acreage to a parcel for the owner's convenience. 15. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not 12of23 necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures. 16. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. 17. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property. 18. "Plat, final" means the final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this chapter and Chapter 58.17 RCW. 19. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision. 20. "Plat, short" means the map or representation of a short subdivision. 21. "State Environmental Policy Act (SEPA)" means environmental review procedures required under chapter 43.21 C RCW, chapter 197-11 WAC and chapter 18.04 MMC. 22. "Subdivision" means the division or re -division of land into 5 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. 23. "Subdivision, accumulative short" means multiple short subdivisions of contiguous existing lots held under common ownership, which would result in the creation of five or more lots within a 5-year period of the initial short subdivision approval. "Ownership" for the purpose of this definition means ownership as established at the date of the initial short subdivision approval. 24. "Subdivision, short" means the division or re -division of land into 4 or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. 25. "Title report" means the written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due. 26. "Tract" means land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots nor considered as building sites. 27. "Treasure, County' means the person defined in chapter 36.40 RCW, or the office of the person assigned such duties under the King County Charter. 20.73.050 Administration. The Director is vested with the duty of administering and implementing the provisions of this chapter. 20.73.060 General provisions. A. The provisions set forth in this chapter shall constitute the minimum requirements necessary to promote the public health, safety, and general welfare. B. Any person who desires to subdivide land within the boundaries of the City should consult with the City at an early date to become familiar with the requirements of this 13 of 23 chapter and for assistance in understanding the engineering requirements and the construction standards of the City. C. Transfer of land prior to final approval. 1. Whenever any parcel of land is divided into 2 or more lots, no person, firm, corporation or agents of them shall sell, transfer or advertise for sale or transfer any such lot without having a short subdivision or subdivision recorded unless preliminary approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the recording of the final short plat or plat. 2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel, the offer or agreement shall not be subject to the penalties in RCW 58.17.200 or 58.17.300, or MMC 20.73.180. 3. All payment on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final short plat or plat is recorded. D. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards, geological hazards and wildlife habitat conservation areas shall not be divided nor have lot lines adjusted unless adequate safeguards are provided as prescribed in chapter 18.12 MMC, Critical Areas. E. The applicant shall pay a fee in accordance to the fee schedule adopted in chapter 3.64 and 17.44 MMC, which shall accompany the application. F. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final subdivision, the City may accept a bond providing for and securing the actual construction and installation of such improvements within a period specified by the City. In addition, the City may provide for methods of security, including the posting of a bond securing the successful operation of improvements for up to two (2) years after final approval.. G. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected. 20.73.070 Survey requirements. A. A Washington State licensed land surveyor registered pursuant to chapter 18.43 RCW shall prepare, stamp, and seal all proposed lot subdivisions. B. A survey is required for all final approvals of lot line adjustments, short subdivisions, and subdivisions and shall meet the survey standards of chapter 58.09 RCW and chapter 332-130 WAC. C. The surveyor shall certify on the final document to be recorded that it is a true and correct representation of the lands actually surveyed. D. Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the face of the subdivision. "Discrepancy" means: (1) a -boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. 20.73.080 Further division of a short subdivision and accumulative short subdivisions. 14 of 23 A. Land within a short subdivision may not be further divided in any manner within a period of 5 years without the filing of a final plat, except the original owner of the land at the time the short subdivision was approved by the City may file within the 5-year period an alteration to the short subdivision to create up to a total of 4 lots within the original short plat boundaries. B. Accumulative short subdivisions, and other proposed means of segregation used to avoid the requirements of a subdivision are prohibited and violate the provisions of this chapter. 20.73.085 Review procedures and approvals. Each lot line adjustment and division of land is processed as a different action "type" as described in MMC 20.80.060 and summarized as follows: A. Approval of a lot line adjustment application is a two step process, which includes final approval by the Director and recording with the King County Auditor. B. Approval of a division of land is a four step process including preliminary approval, installation or bonding of required improvements, final approval, and recording with King County Auditor. The process summarizes as follows: 1. Short Subdivision: a. A preliminary short subdivision is processed as a Type 2 decision pursuant to chapter 20.80 MMC. b. Installation of infrastructure improvements as determined by the City, or providing a form of security as determined by the City to ensure such improvements are installed. c. A final short subdivision is processed as a Type 1 decision pursuant to chapter 20.80 MMC. d. The final short subdivision shall be submitted to the Director within 5 years of the date that the preliminary approval became final or the short subdivision shall become null and void. e. The Director's signature is required on the final short plat. 2. Subdivision. a. A preliminary subdivision is processed as a Type 3 decision pursuant to chapter 20.80 MMC. b. Installation of infrastructure improvements as determined by the City, or providing a form of security as determined by the City to ensure such improvements are installed. c. A final subdivision is processed as a Type 2 decision pursuant to chapter 20.80 MMC. d. The final subdivision shall be submitted to the Director within 7 years of the date that the preliminary approval became final or the subdivision shall become null and void. e. The following signatures on the final plat are required before the Director can submit the final plat to the City Council for their action: i. Director: whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedication. ii. City Engineer: whose signature approves the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. iii. City of Bellevue Utilities: whose signature approves the adequacy of the proposed means of sewage disposal and water supply. 15 of 23 iv. King County Treasurer: whose signature confirms a statement 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. v. Property Owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner. The City Council may authorize the Mayor to sign an approved final plat. This section shall expire December 31, 2014 pursuant to SSB 6544; chapter 79, Laws of 2010. 20.73.090 Review procedures and approvals. Each lot line adjustment and division of land is processed as a different action "type" as described in MMC 20.80.060 and summarized as follows: C. Approval of a lot line adjustment application is a two step process, which includes final approval by the Director and recording with the King County Auditor. D. Approval of a division of land is a four step process including preliminary approval, installation or bonding of required improvements, final approval, and recording with King County Auditor. The process summarizes as follows: 3. Short Subdivision: a. A preliminary short subdivision is processed as a Type 2 decision pursuant to chapter 20.80 MMC. b. Installation of infrastructure improvements as determined by the City, or providing a form of security as determined by the City to ensure such improvements are installed. c. A final short subdivision is processed as a Type 1 decision pursuant to chapter 20.80 MMC. d. The final short subdivision shall be submitted to the Director within 5 years of the date that the preliminary approval became final or the short subdivision shall become null and void. e. The Director's signature is required on the final short plat. 4. Subdivision. a. A preliminary subdivision is processed as a Type 3 decision pursuant to chapter 20.80 MMC. b. Installation of infrastructure improvements as determined by the City, or providing a form of security as determined by the City to ensure such improvements are installed. c. A final subdivision is processed as a Type 2 decision pursuant to chapter 20.80 MMC. d. The final subdivision shall be submitted to the Director within 5 years of the date that the preliminary approval became final or the subdivision shall become null and void. e. The following signatures on the final plat are required before the Director can submit the final plat to the City Council for their action: vi. Director: whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedication. 16of23 vii. City Engineer: whose signature approves the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. viii. City of Bellevue Utilities: whose signature approves the adequacy of the proposed means of sewage disposal and water supply. ix. King County Treasurer: whose signature confirms a statement 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. x. Property Owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner. The City Council may authorize the Mayor to sign an approved final plat. This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws of 2010. 20.73.100 Approval criteria — lot line adjustment, short subdivision and subdivision. The following criteria shall be used to review and approve lot line adjustments, preliminary short subdivisions and subdivisions: A. Lot line adjustments: 1. Does not create any additional lot, tract, parcel, or division of land; 2. Does not create a lot, tract, parcel, site, or division of land, which contains insufficient area or dimension to meet the minimum requirements for area and dimensions as set forth in the Medina Municipal Code; 3. Does not create or diminish any easement or deprive any parcel of access or utilities; and 4. Does not create or increase the nonconformity of structures, lots, or other factors with respect to development standards. B. Preliminary short subdivisions and preliminary subdivisions: 1. The proposal is in conformance with the Comprehensive Plan, Shoreline Master Program, and any other City -adopted plans; 2. Provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans as adopted in City code or ordinance; 3. Provisions have been made for roads, utilities, street lighting, street trees and other improvements that are consistent with the zoning code, chapter 20.90 MMC, and engineering standards; 4. Provisions have been made for dedications, easements and reservations; 5. The proposal complies with the relevant requirements of the zoning code and all other relevant local regulations; 6. Appropriate provisions are made for: a. The public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and 17 of 23 b. The public use and interest will be served by the platting of such subdivision and dedication. 20.731.110 Submittal requirements. An applicant seeking approval of a lot line adjustment, preliminary short subdivision or preliminary subdivision must submit a complete application requesting approval. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with the appropriate fee, a complete application under this chapter shall include, but is not limited to, the following: A. Application shall be made on the appropriate forms prescribed by the City and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof they represent the legal interests of the property owner. B. The application shall contain each of the following: 1. The name, address and telephone number of the applicant and person to be contacted; 2. The King County Assessor's tax identification number; 3. The name, address and telephone number of the owner of the property; 4. Address or location of the property to be subdivided; 5. Legal description of the property (from the title report verbatim); 6. The existing zone classification of the property; 7. The existing shoreline environmental designation if any land is within 200 feet of the ordinary high water mark as defined by RCW 90.58.030(2)(b); 8. Approximate project site lot area in acres; 9. The range of lot sizes in square feet. C. Plan drawings: 1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple sheets may be used in order to provide clarity). 2. Lot line adjustment: In addition to the illustrations prescribed in MMC 20.73.110(C)(3), plan drawings for lot line adjustments shall include the following: a. The final lot boundaries shall be shown with a heavier line weight to clearly distinguish them from existing boundaries; b. A full and correct legal description of the revised lots; and c. Comply with the survey requirements set forth in MMC 20.73.070. 3. Preliminary short plat/ plat: Drawings shall include the following illustrations: a. Location of the site by section, township, range; b. North arrow and the boundary of the lands being divided or having the boundaries adjusted; c. Scale at not less than 1 inch = 100 feet (larger scales such as 1:50, 1:20, and 1:30 are preferred); d. Vicinity map showing the site clearly marked (smaller scale than 1:100 is acceptable); e. The proposed layout and dimensions of lots and tracts; f. The name of any adjacent subdivisions; g. The approximate location, names and width of all existing and proposed streets, roads, private lanes and access easements within the boundaries of the lands being effected; h. The location of existing and proposed improvements such as storm water facilities, sidewalks, utilities, power poles, etc., within the boundaries of the lands being effected and adjacent lots; 18 of 23 i. All existing and/or proposed easements or divisions proposed to be dedicated for any public purpose or for the common use of the property owners of the lands being subdivided; j. A full and correct description of the lands being divided or having the lot lines adjusted; k. Approximate location of existing structures and other improvements located on the site and whether such structures are Dr000sed to remain on the property; I. Shorelines, streams, wetlands, wildlife habitat conservation areas, and geologically hazardous areas as defined in chapter 18.12 MMC, Critical Areas, and the Shoreline Master Program; m. Topographical information showing existing contour lines at intervals of 2 feet elevation. D. Reduced plan drawing consisting of an 11-inch by 17-inch reproducible copy of the site plan containing the information prescribed in MMC 20.73.110(B), except this provision shall not apply to a lot line adjustment. E. Title report issued within 30 days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting the site. F. Public notice packet as required by the corresponding application. G. Environmental (SEPA) checklist for a subdivision application. H. Water and Sewer Availability from City of Bellevue Utilities (not applicable to a lot line adjustment). I. Perimeter lot closures for all lots, tracts, and the exterior boundary. J. Any related information and/or studies (including but not limited to storm drainage report and critical areas report) required by other provisions of the Medina Municipal Code, identified in the pre -application meeting, or deemed necessary by the Director. 20.73.120 Approval criteria — final short subdivision and subdivision. The following criteria shall be used to review and approve a final short subdivision and final subdivision: A. Conforms to all terms of the preliminary approval; B. Meets all zoning and engineering requirements; C. Meets all requirements of this chapter; D. Meets all applicable local and State laws that were in effect at the time of vesting; and E. Improvements have been constructed, or a bond or other security has been secured at 130 percent of the estimated construction value accepted by the City. 20.73.130 Submittal requirements — final short subdivision and subdivision. An applicant seeking final approval of a short subdivision or subdivision must submit a complete application requesting approval. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with the appropriate fee a complete application for a final subdivision approval shall contain, but is not limited to, the following: A. Application shall be made on the appropriate forms prescribed by the City and shall be signed and dated by the property owner or authorized agent. B. Final plan drawings: 1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple sheets may be used); 19 of 23 2. Contain the illustration and information set forth in MMC 20.73.110(C)(3), except the Director may approve a scale up to 1 inch = 200 feet in order to fit the layout of a plat on a single sheet; 3. Meet the survey requirements set forth in MMC 20.73.070; 4. Include addressing of individual lots assigned by the City; 5. Certificate for the approval signatures detailed in MMC 20.73.090; 6. Treasurer's certificate to ensure payment of taxes; and 7. Other information requested during the preliminary short plat or plat approval; C. If the short subdivision or subdivision includes a dedication, the following statements shall be included: 1. The dedication of all streets and other areas to the public, and individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat; 2. 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 said road; 3. Said statements shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; D. Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered alphabetically and in consecutive order. E. Plat Certificates. Three copies of a plat certificate for the subject property shall accompany a final subdivision application. F. Perimeter lot closures for all lots, tracts, and the exterior boundary. 20.73.140 Minor modifications to a preliminary subdivision approval. The Director may administratively approve minor amendments to a preliminary subdivision approval. City Council approval is required after a public hearing for major amendment to a preliminary subdivision approval. Notice of the hearing shall be sent in accordance with the notice requirements for a public hearing in chapter 20.80 MMC and to all parties of record. A major amendment includes, but is not limited to, any one of the following: A. Amendments that would result in an increase to the number of lots in the subdivision beyond the number previously approved; B. Amendments that would result in the relocation of any roadway access point to an exterior street from the plat; C. Amendments that propose phasing of plat development not previously approved; D. Amendments that, in the opinion of the Director, would significantly increase any adverse impacts or undesirable effects of the plat. 20.73.150 Recording with County Auditor. All lot line adjustments, final short subdivisions and final subdivisions shall be filed for record with the office of the King County Auditor. The applicant shall furnish 3 copies of the recorded document to the City and one copy shall be filed with King County Assessors. 20.73.160 Expiration of final approval. Approvals of lot line adjustments, final subdivisions and final subdivisions shall automatically expire if the plans are not recorded within one year of the written approval date. 20 of 23 20.73.165 Subdivision vesting after approval. Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of complete application for preliminary subdivision and will continue to be vested for a period of 7 years after the final subdivision approval. This section shall expire December 31, 2014, pursuant to SSB 6544; chapter 79, Laws of 201 a 20.73.170 Subdivision vesting after approval Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of complete application for preliminary subdivision and will continue to be vested for a period of 5 years after the final subdivision approval. This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws of 2010. 20.73.180 Violations. Violation of any provision of this chapter shall be subject to the provisions and penalties set forth in chapter 1.15 MMC. Section 3.. A new chapter 20.90 of the Medina Municipal Code is adopted to read as follows: Chapter 20.90 Subdivision Design and Improvement Standards Sections: 20.90.010 Lot requirements. 20.90.020 Maximum length of blocks. 20.90.030 Streets and pedestrian ways. 20.90.040 Utilities. 20.90.010 Lot requirements. Lots shall conform to the minimum size and frontage requirements of the land use zone. As to frontage only, when the overall optimum arrangement of lots requires lesser frontage, it may be permitted if not significantly below the minimum standard. Shape and orientation shall be appropriate for the location. Excessive length in relation to width, frontage on two streets, and side lines at other than approximate right angles to the front line, are to be avoided. Corner lots shall be wider to permit front yard setback from both streets and the corner at the intersection shall be an arc of 10 feet minimum radius. 20.90.020 Maximum length of blocks. Blocks shall not exceed 1,320 feet in length unless topography or other characteristics of the land require, and such longer block will not impede traffic flow. Where a block is over 660 feet long, a 10-foot pedestrian way shall be dedicated. Layout of blocks shall be such as to afford adequate lots for the type of land use and adequate streets for access, circulation, control and safety, and to make the best of the limitations and opportunities of the topography. 21 of 23 20.90.030 Streets and pedestrian ways. A. Right -of -Way. Minimum right-of-way widths shall be as follows: 1. Arterial and collector streets, 60 feet; 2. Local access streets, 50 feet; 3. Turnarounds shall be per the international fire code for emergency vehicle turnarounds; 4. Pedestrian ways, 10 feet. B. Layout. Streets shall be laid out: 1. To conform with the official circulation plan and be properly related to existing and planned streets and pedestrian ways and to conditions of topography, convenience and safety, and to the use of the land served; provided, that officially planned streets may be realigned where conducive to a better arrangement of lots and public facilities and improved circulation of traffic; 2. To generally follow contour lines, continuing to the boundaries of the plat so as to provide continuity of streets and pedestrian ways; 3. To intersect at right angles or approximately so; 4. To minimize access to major streets by provision of marginal access streets, reverse frontage with screen planting in a non -access reservation along the rear property line, or other means to separate through and local traffic; and 16.08.180 5. To give a minimum radius of curvature at the street centerline of 100 feet and a 100-foot tangent between reverse curves. C. Improvement. 1. Grading. The maximum grade of streets shall be seven percent, and the minimum, 0.25 percent; the maximum grade of pedestrian ways shall be 10 percent. Changes in grade shall be connected by approved vertical curves. Streets and pedestrian ways shall be graded to full width according to approved cross-section under city standards for private work on city street rights -of -way. 2. Paving. Streets shall be hard surfaced according to the specifications of the same standards in terms of the type of paving elected by the applicant. Sidewalks, if any, shall satisfy the minimum of the same standards. D. Lighting and Trees. If the applicant elects to provide lighting or trees, installation or planting shall conform to the official street lighting or tree plans. E. Names and Signs. Names shall be those of the streets extended or as approved by the planning commission. Street signs shall be provided at each intersection, constructed and installed to city standards. 20.90.040 Utilities. A. Water. A complete water system, with fire hydrants, shall be provided, designed, located and installed according to standards prescribed by the city engineer. B. Sanitary Sewers. If there is a public sewer main lying within 800 feet of the proposed plat, or if such is planned for installation by the sewer authority within one year of filing of the application, a complete sanitary sewer system to connect shall be provided, designed, located and installed to standards prescribed by the, city engineer. C. Utilities Easements. Easements for utilities shall be provided where necessary to supplement street or pedestrian rights -of -way, centered on rear or side lot lines if practical. D. Storm Sewers. Provision of storm sewers will be necessary as an incident of paving. The location and type of catch basins, culverts and other structures shall be 22 of 23 according to those established by the city engineer and the official drainage plan. Where such plan indicates, stormwater easements shall be provided. Section 4. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 5. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent or contents. PASSED BY THE CITY COUNCIL ON THIS 12th DAY qf JULY 201QAND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE J DAY OF ' 2010. Mayor Bret Jordan App ved as to r Bruce Disend, City Attorney ?wit SW : 04(S-(2-0 t 23 of 23 Attest: RateRatef Baker, City Clerk