Cashmere Municipal Code
Title 16
 

SUBDIVISIONS AND PLATS

Chapters:

16.04            Introduction    

16.08            Design Standards

16.12            Plats

16.16            Short Subdivisions and Short Plats

16.20            Lot Line Adjustments

16.24            Planned Unit Development

16.28            Dedication and Contributions

16.32            Public Improvements

16.36            Surety, Bonds, and Fees

16.50            Repealed

16.55            Repealed 

Chapter 16.04

INTRODUCTION

Sections:

16.04.010            Purpose.

16.04.015            Basic requirements.

16.04.020            Scope.

16.04.030            Definitions.

16.04.040            Penalties.

 

16.04.010            Purpose.

The purpose of this title includes but is not limited to regulating the subdivision of land and furthering the public health, safety and general welfare by:

A. Providing for the platting, subdivision, dedication and recording of land;

B. Providing for safe and adequate access;

C. Providing for safe and adequate streets, utilities, parks, and recreation facilities, schools, and other public facilities;

D. Providing for minimum levels of light, air, and open space;

E. Implementing the provision and intent of the zoning code in CMC Title 17;

F. Requiring uniform monumentation and description for subdivided land, and conveyancing by legal description;

G. Providing for binding site plans on land so regulated;

H. Providing expeditious procedures for short subdivisions and lot line adjustments;

I. Providing for the housing and commercial land needs of the city of Cashmere. (Ord. 888 § 1, 1996). 

16.04.015            Basic requirements.

For all divisions of land, binding site plans, manufactured home developments, plats or subdivisions authorized by CMC Title 16, the subdivider shall meet the following minimum requirements:

A. Provide adequate public streets to access each parcel of land created as required by CMC Title 16 and meeting the Standards of CMC Titles 13 and 15 and the Cashmere Design Standards Manual.

B. Provide water utility service to each lot created, adequate to serve future development at the density authorized by the applicable zoning designation of CMC Title 17 and meeting the standards of CMC Titles 13 and 15 and the Cashmere Design Standards Manual.

C. Provide wastewater utility service to each lot created adequate to serve future development at the density authorized by the applicable zoning designation of CMC Title 17 and meeting the standards of CMC Titles 13 and 15 and the Cashmere Design Standards Manual.

D. Provide adequate control of storm water runoff resulting from development at the density authorized by the applicable zoning designation of CMC Title 17 and meeting the standards of CMC Titles 13 and 15 and the Cashmere Design Standards Manual.

E. Provide adequate measures to mitigate for any adverse environmental impacts as identified by the city’s environmental policy and the State Environmental Policy Act. (Ord. 944 §§ 1, 47, 1999). 

16.04.020            Scope.

No land shall be divided for the purposes of sale, lease, or development; and no land so divided shall be sold, conveyed, transferred, leased or offered for sale or lease until the owner of the land has fully complied with the provisions of CMC Titles 14, 15, 16, and 17, except land divided for the purpose of adjusting boundary lines when such division does not create:

A. Any additional lot, tract, parcel, site or division; or

B. Any lot, tract, parcel, site or division containing insufficient area or dimensions to qualify as a building site. (Ord. 888 § 1, 1996). 

16.04.030            Definitions.

The definitions of terms used in this chapter are in CMC Title 17. (Ord. 888 § 1, 1996). 

16.04.040            Penalties.

Any person, partnership, association, firm or corporation who violates or fails to comply with this title is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in CMC 14.13.020 which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of CMC Title 16 is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the laws of the state of Washington. (Ord. 944 § 2, 1999; Ord. 903 § 6, 1997). 

Chapter 16.08
DESIGN STANDARDS

Sections:

16.08.010 Design standards required.

16.08.015 Design and construction standards.

16.08.020 City plans.

16.08.030 Future subdivisions and access.

16.08.040 Blocks.

16.08.050 Repealed.

16.08.055 Lot size.

16.08.060 Repealed.

16.08.065 Easements.

16.08.070 Lot access.

16.08.080 Repealed.

16.08.090 Natural vegetation and features.

16.08.100 Repealed.

16.08.110 Streams and natural drainage ways.

16.08.120 Natural hazards.

16.08.130 Repealed.

16.08.140 Repealed.

16.08.150 Repealed.

16.08.160 Roadway buffer/tree reserves.

16.08.170 Street signs.

16.08.180 Topography.

16.08.190 Repealed.

16.08.200 Repealed.

16.08.210 Street trees.

16.08.220 Repealed.

16.08.230 Repealed.

16.08.010        Design standards required.

All subdivisions of land and development subject to a binding site plan shall comply with the following standards. (Ord. 888 § 1, 1996).

16.08.015        Design and construction standards.

All streets, street surfaces, sidewalks, curbs and gutters, grading, rights-of-way, property line monuments, and utilities shall be constructed to meet or exceed the minimum specifications contained in CMC Title 15 and the most recent edition of the Cashmere Design Standards Manual. (Ord. 944 § 6, 1999).

16.08.020        City plans.

All subdivisions and site plans shall be in accordance with adopted plans of the city of Cashmere, including but not limited to the comprehensive land use, parks, and recreation plans. (Ord. 888 § 1, 1996).

16.08.030        Future subdivisions and access.

All subdivisions shall be designed to accommodate the future subdivision of adjoining lands by providing for adequate future access and utility service. Pedestrian and bicycle access to schools, parks, shorelines, recreation areas, and open spaces shall be provided by walkway where street access is unsafe or inadequate. (Ord. 888 § 1, 1996).

16.08.040        Blocks.

Blocks in nonresidential zones shall be dimensioned to accommodate the intended purpose of the land. All blocks shall be arranged so as to minimize the number of intersections and access points on collector arterial streets. (Ord. 888 § 1, 1996).

16.08.050        Minimum lot size.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.055        Lot size.

Lots size shall be not less than the minimum size required by the applicable zoning district of CMC Title 17 in which the property is located, except as allowed by Chapter 17.62 CMC, Planned Unit Developments. (Ord. 944 § 3, 1999).

16.08.060        Lot size averaging.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.065        Easements.

Easements for water, wastewater, storm sewers, electrical and communications utilities shall be dedicated whenever necessary to provide for access to service, repair and maintain the respective utilities.

A. Easements shall be of a minimum width necessary to assure access by personnel and equipment necessary to complete normal maintenance and repairs.

B. Easements shall be both recorded on the final plat map and dedicated on a city easement grant form and recorded at the Chelan County auditor’s office. (Ord. 944 § 5, 1999).

16.08.070        Lot access.

A. Each lot shall front a public or private street for a minimum of 20 feet.

B.  Any flag lot shall contain a minimum 20-foot wide unobstructed access route to the public street.

C. Private driveways shall not be constructed within city rights-of-way, except at the point they connect with the street.

D. Private driveways shall connect with a street at or near right angles to the street being connected with. (Ord. 944 § 4, 1999; Ord. 888 § 1, 1996).

16.08.080        Lot building sites.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.090        Natural vegetation and features.

Valuable natural features such as trees, streams, wetlands, and wildlife habitat shall be preserved to the greatest extent feasible. (Ord. 888 § 1, 1996).

16.08.100        Grading.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.110        Streams and natural drainage ways.

Streams and natural drainage ways shall not be obstructed or constricted as a result of development. Development along streams may be required to obtain additional local, state or federal permits including but not limited to: floodplain management, shorelines management permit, water quality variance, and/or wetlands. All structures shall be constructed so that the first habitable floor is at least one foot above the Flood Zone A (100-year) flood elevation at the construction site. Construction of permanent structures within the floodway portion of the floodplain or natural drainage way shall be prohibited. If a development is to take place near streams or natural drainage ways, the subdivider shall provide engineering proof that his development will not obstruct or cause changes in the stream or natural drainage way. (Ord. 944 §§ 7, 47, 1999; Ord. 888 § 1, 1996).

16.08.120        Natural hazards.

Where subdivision and development of land may pose a hazard to the subdivision or nearby properties because of steep slopes, unstable soils, excessive storm water runoff or soil erosion, the subdivider shall have the burden of presenting evidence satisfactory to the city that the hazard can be adequately mitigated. In the absence of such evidence, subdivision of such land shall be denied. (Ord. 944 §§ 8, 47, 1999; Ord. 888 § 1, 1996).

16.08.130        Streets.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.140        Driving surface and rights-of-way.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.150        Cul-de-sacs.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.160        Roadway buffer/tree reserves.

The city council may require a roadway buffer/tree reserve along streets having an average daily traffic count of 3,000 or more. A tree easement grant shall be both recorded on the final plat map and dedicated on a city easement grant form and recorded at the Chelan County auditor’s office. (Ord. 944 § 9, 1999; Ord. 888 § 1, 1996).

16.08.170        Street signs.

A. All street name and traffic control signs shall be installed by the subdivider, at no cost to the city of Cashmere, and in accordance with the most recent edition of the Cashmere Design Standards Manual and the Manual of Traffic Control Devices.

B. Street names shall be unique to a particular street, and to prevent confusion by emergency services along with others, similar names on future streets shall not be used.

C. Addresses to lots shall be assigned by the city at the time of preliminary plat acceptance by the city council. (Ord. 944 §§ 10, 47, 1999; Ord. 888 § 1, 1996).

16.08.180        Topography.

All streets should be designed to conform to the topography of the site. Contouring of streets shall be done on hillsides where practical. (Ord. 888 § 1, 1996).

16.08.190        Maximum street grades.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.200        Sidewalks.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.210        Street trees.

All approved plats, subdivisions and planned unit developments shall contain the following notice:

At the request of the lot owner the city may place and maintain a street tree within the front yard setback area of the lot. The lot owner shall provide basic maintenance and care (water and remove leaves and debris) for the tree and grant to the city permission to enter the property for purposes of pruning the tree or spraying insects or diseases. A tree easement grant shall be both recorded on the final plat map and dedicated on a city easement grant form and recorded at the Chelan County auditor’s office.

(Ord. 944 § 11, 1999; Ord. 888 § 1, 1996).

16.08.220        Subdivision monumentation.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

16.08.230        Utilities.

Repealed by Ord. 944. (Ord. 888 § 1, 1996).

Chapter 16.12

PLATS

Sections:

16.12.010            Preliminary plats.

16.12.020            Information required for preliminary plats.

16.12.030            Final plats – Surveyor and survey required.

16.12.040            Final plats – Required information.

16.12.050            Monuments.

16.12.060            Required certificates.

16.12.070            Supplemental information.

16.12.080            Replats – Submittal and review process.

16.12.090            Replats – Multiple ownership.

 

16.12.010            Preliminary plats.

A preliminary plat shall be prepared by a professional land surveyor registered in the state of Washington. The scale shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; however, other engineering scales may be used if necessary. Preliminary plats shall be of a size that will be acceptable to the Chelan County auditor for recording. The preliminary plat fee and 10 copies of the plat shall be submitted at the time of application. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.020            Information required for preliminary plats.

A. The name of the proposed subdivision;

B. A legal and common description sufficient to define the location and boundaries of the proposed subdivision;

C. The name, address, seal and signature of the land surveyor who prepared the map;

D. A vicinity sketch clearly showing the location of the property;

E. The date prepared or revised, scale, north arrow, quarter section, section, township, range, and Washington State coordinate system reference;

F. Total acreage of the land to be divided and the average land area in square feet of the proposed lots;

G. Existing zoning and zoning boundaries;

H. Lot dimensions and number designations;

I. Setback lines required by the existing or proposed zoning. If the proposed lot has unusual shape, steep topography, wetlands, or other unusual limitations on its building site, it should be indicated;

J. Contour lines in areas to be developed shall be at five-foot elevation intervals, or as specified by the city superintendent. All contour lines shall be extended into the adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision. The elevation datum used for contour elevations shall be approved by the city administrator. Assumed elevations shall not be used;

K. The location, name, and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade of the proposed streets and the pavement location of existing and proposed streets. Street profiles shall be submitted with the plat;

L. The location of all existing structures within the proposed subdivision and within 25 feet of the proposed subdivision;

M. The public space and spaces to be owned in common by the lot owners, or the city, if any;

N. The location of tree covered areas, groups of trees, or the location of individual trees over eight inches in diameter, measured four feet from the base of the tree;

O. A preliminary grading and reclamation plan if a significant amount of earth, as determined by the city administrator, is to be removed, imported or relocated on the site;

P. A preliminary drainage plan showing existing and proposed drainage facilities for the site and adjacent areas;

Q. A statement of the improvements to be installed;

R. The location of known or suspected soil or geological hazard areas, water bodies, creeks, wetlands, and areas subject to flooding, ponding, or unstable grounds;

S. The possible future lot lines if any lot is large enough to allow future division;

T. The location of existing and proposed utility lines, sewer and water mains adjacent to or within the proposed subdivision and the utility name providing services;

U. The location of all existing and proposed easements;

V. A completed environmental checklist;

W. The name, address, and telephone number of the subdivider and owner of the property and a certificate of ownership from a title company authorized to do business in the state of Washington;

X. Copies of any water rights that the proposed development properties have;

Y. Other information that may be required by the city administrator in order to properly review the proposed subdivision, including information required to determine the environmental impact of the proposal, such as a Shorelines Management Act permit. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.030            Final plats – Surveyor and survey required.

Final plats shall be prepared in accordance with the following:

A. A professional land surveyor registered in the state of Washington shall prepare or supervise the preparation of the final plat.

B. A registered land surveyor shall survey the land to be divided, and a copy of the survey submitted to the city administrator in accordance with CMC 15.09.160(C). (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.040            Final plats – Required information.

The following information is required on all final plats:

A. The full and complete legal description of all land included in the plat;

B. Location and names, without abbreviation, of all streets, public areas, easements and adjoining streets;

C. The length and bearings of all straight lines, radii, arcs, and semi-tangents of all curves;

D. Centerline data on streets and easements, including bearings and distances;

E. All dimensions along the lines of each lot in feet and decimals of a foot to the nearest hundredth, with the true bearings and any other data necessary for the location of any lot line in the field;

F. Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which the lots are subject. If the easement is not definitely located, a statement as to the easement or restriction shall appear on the title sheet;

G. Easements for storm drains, sewers and other purposes shall be denoted by broken lines;

H. Contiguous plats by name, or, if unplatted, so noted;

I. City boundaries crossing or adjoining the subdivision;

J. All lots shall be numbered in sequence;

K. Every lot shall be shown entirely on one sheet;

L. All points which were used as ties to establish the boundaries of the tract;

M. Location of all permanent monuments within the subdivision;

N. Accurate outlines of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners, with the purpose of the dedication or reservation to be stated on the plat together with appropriate recording references;

O. All required dedications, endorsements, covenants, affidavits and certificates shall be shown on the face of the plat;

P. The section, township and range;

Q. State coordinates of at least two points; and

R. Conditions of approval of the preliminary plat as required. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.050            Monuments.

The surveyor shall set monuments in accordance with CMC 15.09.160. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.060            Required certificates.

The following certificates shall be shown on the final plat:

A. Surveyor. The surveyor shall place his seal and signature on the plat along with a statement certifying that:

1. The plat was prepared by him, or under his supervision;

2. The plat is a true and correct representation of the land surveyed;

3. The legal description is a full and correct description of the land to be divided; and

4. Monumentation and lot corner stakes as required by CMC 15.09.060 have been set;

B. Owner. The owner of any interest in and holder of any lien or encumbrance upon land proposed for subdivision shall certify that the proposed plat is submitted with his consent and he has no objection thereto;

C. Dedications. A notarized certificate of dedication by the owner for all areas to be dedicated to the public;

D. Owners Covenant. The owner shall grant the city a covenant releasing and indemnifying and holding the city harmless from any and all claims for damages or injunctive relief of whatever nature from the construction, operation and maintenance of the improvements;

E. Waiver of Access. If required by the conditions of preliminary approval, a waiver, by the owner, of direct access to any street from any property;

F. Roads and Streets Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public and specifying the maintenance responsibility;

G. City Administrator. Statements to be signed by the city administrator:

1. Approving the survey data, the layout of streets and other rights-of-way, design of bridges, sewage systems, water systems, electrical power systems, street lighting systems, storm sewer systems, and other public improvements; and

2. Recommending approval of the final plat of a subdivision to the city council;

H. City Approval. A statement to be signed by the mayor and attested to by the city clerk-treasurer that the city council has approved the final plat of a subdivision or a short subdivision with a dedication. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.070            Supplemental information.

The following approval shall be submitted with the final plat:

A. Taxes. A statement signed by the Chelan County treasurer that all taxes and delinquent assessments, for which the land to be divided may be liable as of the date of the signing of the statement, have been paid.

B. Fees and Contributions. A statement signed by the city clerk-treasurer that all subdivision fees, all utility departments’ fees and construction billings, and contributions have been paid or secured. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.080            Replats – Submittal and review process.

Replats of recorded plats shall meet the requirements of the preliminary and final plats and be reviewed in the same manner. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.12.090            Replats – Multiple ownership.

When lots within a recorded plat are held by more than one owner, the application for a replat shall be accompanied by the signatures of all owners of lots in the plat which are adjacent to or within the area of the plat to be replatted. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

Chapter 16.16

SHORT SUBDIVISIONS AND SHORT PLATS

Sections:

16.16.010            Purpose.

16.16.020            Design standards.

16.16.030            Public improvements.

16.16.040            Preliminary short plat requirements.

16.16.050            Required review information.

16.16.060            Survey and monumentation.

16.16.070            Final short plats – Surveyor required.

16.16.080            Final short plats – Required information.

16.16.090            Required certificates and submittals.

16.16.100            Supplemental information.

16.16.110            City review.

16.16.120            Recording and re-subdivision.

16.16.130            Required findings.

 

16.16.010            Purpose.

The purpose of the short subdivision procedure includes but is not limited to the following:

A. Provide an expeditious method of processing subdivisions of four or fewer lots;

B. Provide adequate information for city review and evaluation;

C. Provide for adequate surveying, monumentation and recording; and

D. Provide for expeditious processing of minor property boundary changes. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.020            Design standards.

All short subdivisions shall comply with the design standard of this title and CMC Titles 15 and 17. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.030            Public improvements.

A. All required public improvements necessary for the short subdivision shall be installed before recording the short subdivision.

B. In short subdivisions not requiring a dedication, the subdivider shall submit for review all easements, covenants, deeds and other documents providing for the future construction and maintenance of required public or private improvements. Such documents shall clearly specify responsibility for construction and maintenance of the public and private improvements and shall hold the city harmless from any action arising from the provision, construction, maintenance, or operation of all private improvements.

C. The subdivider shall submit a waiver of protest, binding of heirs, executors, and assigns of future local improvement districts which may be established to provide off-site improvements abutting the short subdivisions. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.040            Preliminary short plat requirements.

A preliminary short plat shall be prepared by a professional land surveyor registered in the state of Washington. The scale shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; however, other engineering scales may be used if necessary. Preliminary plats shall be of a size that will be acceptable to the Chelan County auditor for recording. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.050            Required review information.

The following information shall be submitted with all preliminary short plats:

A. The name of the proposed subdivision;

B. A legal and common description sufficient to define the location and boundaries of the proposed short subdivision;

C. The name, address, seal and signature of the land surveyor who prepared the map;

D. A vicinity sketch clearly showing the location of the property;

E. The date prepared or revised, scale, north arrow, quarter section, section, township, range, and Washington State coordinate system reference;

F. Total acreage of the land to be divided and the average land area in square feet of the proposed lots;

G. Existing zoning and zoning boundaries;

H. Lot dimensions and number designations;

I. Setback lines required by the existing or proposed zoning. If the proposed lot has unusual shape, steep topography, wetlands, or other unusual limitations on its building site, it should be indicated;

J. Contour lines in areas to be developed shall be at five-foot elevation intervals, or as specified by the city. All contour lines shall be extended into the adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision. The elevation datum used for contour elevations shall be approved by the city. Assumed elevations shall not be used;

K. The location, name, and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed short subdivision, the grade of the proposed streets and the pavement location of existing and proposed streets. Street profiles shall be submitted with the plat;

L. The location of all existing structures within the proposed short subdivision and within 25 feet of the proposed short subdivision;

M. The public space and spaces to be owned in common by the lot owners, or the city, if any;

N. The location of tree covered areas, groups of trees, or the location of individual trees over eight inches in diameter, measured four feet from the base of the tree;

O. A preliminary grading and reclamation plan if a significant amount of earth, as determined by the city, is to be removed, imported or relocated on the site;

P. A preliminary drainage plan showing existing and proposed drainage facilities for the site and adjacent areas;

Q. A statement of the improvements to be installed;

R. The location of known or suspected soil or geological hazard areas, water bodies, creeks, wetlands, and areas subject to flooding, ponding, or unstable grounds;

S. The possible future lot lines if any lot is large enough to allow future division;

T. The location of existing and proposed utility lines, sewer and water mains adjacent to or within the proposed subdivision and the utility name providing services;

U. The location of all existing and proposed easements;

V. The name, address, and telephone number of the subdivider and owner of the property and a certificate of ownership from a title company authorized to do business in the state of Washington;

W. Copies of any water rights that the proposed development properties have;

X. Other information that may be required by the city in order to properly review the proposed subdivision including information required to determine the environmental impact of the proposal. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.060            Survey and monumentation.

A survey may be waived by the city if the lot to be subdivided has sufficient monumentation to define the proposed lot lines. If the city requires a survey of a short subdivision, the survey shall be completed and filed with the short subdivision application. (Ord. 973 § 3, 2000; Ord. 903 § 2, 1997; Ord. 888 § 1, 1996). 

16.16.070            Final short plats – Surveyor required.

A professional land surveyor registered in the state of Washington shall prepare or supervise the preparation of the final short plat. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.080            Final short plats – Required information.

The following information is required on all final short plats:

A. The full and complete legal description of all land included in the short subdivision;

B. Location and names, without abbreviation, of all streets, public areas, easements and adjoining streets;

C. The length and bearings of all straight lines, radii, arcs, and semi-tangents of all curves;

D. Centerline data on streets and easements, including bearings and distances;

E. All dimensions along the lines of each lot, in feet and decimals of a foot to the nearest hundredth, with true bearings and any other data necessary for the location of any lot line in the field;

F. Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which the lots are subject. If the easement is not definitely located, a statement as to the easement or restriction shall appear on the title sheet;

G. Easements for storm drains, sewers and other purposes shall be denoted by broken lines;

H. Contiguous plats by name, or, if unplatted, so noted;

I. City boundaries crossing or adjoining the subdivision;

J. All lots shall be numbered in sequence;

K. Every lot shall be shown entirely on one sheet;

L. All points which were used as ties to establish the boundaries of the tract;

M. Location of all permanent monuments within the subdivision;

N. Accurate outlines of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners, with the purpose of the dedication or reservation to be stated on the plat together with appropriate recording references;

O. All required dedications, endorsements, covenants, affidavits and certificates shall be shown on the face of the plat;

P. The section, township and range;

Q. State coordinates of at least two points;

R. Conditions of approval of the preliminary plat as required. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.090            Required certificates and submittals.

The following certificates shall be shown on the final short plat. Certifications by the owner and surveyor shall be signed before the final short plat is submitted for review.

A. Surveyor. The surveyor shall place his seal and signature on the short plat along with a statement certifying that:

1. The plat was prepared by him, or under his supervision;

2. The plat is a true and correct representation of the land surveyed;

3. The legal description is a full and correct description of the land to be divided;

4. Monumentation and lot corner stakes as required by CMC 15.09.060 have been set;

B. Owner. The owner of any interest in and holder of any lien or encumbrance upon land proposed for subdivision shall certify that the proposed plat is submitted with his consent and he has no objection thereto;

C. Dedications. A notarized certificate of dedication by the owner for all areas to be dedicated to the public;

D. Owner’s Covenant. The owner shall grant the city a covenant releasing and indemnifying and holding the city harmless from any and all claims for damages or injunctive relief of whatever nature from the construction, operation and maintenance of the improvements;

E. Waiver of Access. If required by the conditions of preliminary approval, a waiver by the owner of direct access to any street from any property;

F. Roads and Streets Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public and specifying the maintenance responsibility;

G. City Administrator. Statements to be signed by the city administrator:

1. Approving the survey data, the layout of streets and other rights-of-way, design of bridges, sewage systems, water systems, electrical power systems, street lighting systems, storm sewer systems, and other public improvements; and

2. A statement shall be signed by the city administrator and attested by the city clerk-treasurer that the city administrator has approved  the short subdivision. (Ord. 973 § 3, 2000; Ord. 903 § 3, 1997; Ord. 888 § 1, 1996). 

16.16.100            Supplemental information.

The following approval shall be submitted with the final plat:

A. Taxes. A statement signed by the Chelan County treasurer that all taxes and delinquent assessments, for which the land to be divided may be liable as of the date of the signing of the statement, have been paid.

B. Fees and Contributions. A statement signed by the city clerk-treasurer that all subdivision fees, all utility departments’ fees and construction billings, and contributions have been paid or secured. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.110            City review.

The short plat shall be submitted to the city administrator for review. The fee shall be submitted for each review of the short subdivision. The city administrator shall submit the short plat and accompanying information, deeds and documents to other appropriate city officials for review. Upon completion of the review and corrections, if any, the city administrator shall sign the certification on the short plat. Signature of the city administrator constitutes final approval of a short subdivision. (Ord. 973 § 3, 2000; Ord. 903 § 5, 1997; Ord. 888 § 1, 1996). 

16.16.120            Recording and re-subdivision.

A. All approved short plats will be filed with the Chelan County auditor for recording.

B. No lot with a short subdivision may be further subdivided within five years from the date of recording. (Ord. 973 § 3, 2000; Ord. 888 § 1, 1996). 

16.16.130            Required findings.

No short plat or short subdivision shall be approved unless written findings, that are appropriate as provided in RCW 58.17.110, are made by the city administrator. (Ord. 973 § 3, 2000; Ord. 903 § 1, 1997). 

Chapter 16.20

LOT LINE ADJUSTMENTS

Sections:

16.20.010            Requirements.

16.20.020            Review criteria.

16.20.030            Process.

16.20.040            Filing required.

 

16.20.010            Requirements.

Lot line adjustments shall be prepared by a land surveyor who is licensed in the state of Washington. The city superintendent may waive the requirement for a land surveyor if in his opinion there are adequate monuments available for the lot line adjustment. The requirements for application for a lot line adjustment shall be the following:

A. The application form shall be provided by the city superintendent. No other form shall be acceptable to the city of Cashmere;

B. The application fee shall be submitted with the application;

C. Two copies of the lot line adjustment plan shall be submitted with the application and shall contain the following:

1. The proposed lot lines for all affected lots, indicated in heavy solid lines,

2. The existing lot lines proposed to be changed indicated by heavy broken lines,

3. The location of structures existing upon the affected lots,

4. The location and dimensions of any easement or right-of-way existing within or adjacent to any affected lot,

5. The area and dimensions of each lot following the proposed adjustment,

6. The existing and, if applicable, proposed utilities for each affected lot;

D. The following additional information shall be submitted with the application:

1. The existing legal description of each lot affected by the lot line adjustment,

2. The proposed legal description of each lot affected by the lot line adjustment,

3. The existing parcel numbers of the affected lots. (Ord. 888 § 1, 1996). 

16.20.020            Review criteria.

Lot line adjustments shall be reviewed and approved by the city superintendent in accordance with the following criteria:

A. The lot line adjustment will not result in the creation of any additional lot, tract, parcel, site, or division;

B. The lot line adjustment will not create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to the requirement of CMC Title 17;

C. Will not adversely affect access or easements;

D. Will be consistent with any applicable health, building or similar regulations;

E. Will not increase the nonconforming aspects of an existing nonconforming lot;

F. The lot line adjustment will not violate the covenants or conditions required on the final plat or conditions of preliminary plat approval. (Ord. 888 § 1, 1996). 

16.20.030            Process.

A. An application for a lot line adjustment shall be approved, approved with conditions, returned to the applicant for modifications, or denied within 15 days, excluding weekend days and holidays, of its receipt by the city superintendent. The city shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements of CMC 16.24.010.

B. The city superintendent shall forward one copy of the lot line adjustment to the fire chief who shall review the plan and submit comments to the city superintendent within 10 days, excluding weekend days and holidays, of receipt.

C. Following receipt of comments from those consulted, the city superintendent shall approve or deny the requested lot line adjustment. In making the decision, the city superintendent shall make appropriate findings of fact in writing.

D. Following the decision, the city superintendent shall give written notice to the applicant, along with the findings of fact. (Ord. 888 § 1, 1996). 

16.20.040            Filing required.

The applicant of approved lot line adjustments shall record them with the Chelan County auditor within 30 days from the date of approval. A copy of the recorded lot line adjustment shall be returned to the city superintendent. (Ord. 888 § 1, 1996). 

Chapter 16.24

PLANNED UNIT DEVELOPMENT

Sections:

16.24.010            Purpose of a planned unit development.

16.24.020            Density and land coverage.

16.24.025            Dedicated lands.

16.24.030            Repealed.

16.24.035            Density credits.

16.24.040            Binding site plan.

16.24.050            Project description.

16.24.060            Association documents.

16.24.070            Phased developments.

16.24.080            Required certificates and approval.

16.24.090            Recording required.

16.24.100            Expiration.

 

16.24.010            Purpose of a planned unit development.

The purpose of the planned unit development is to allow a more flexible use of land development in all zones. The planned unit development can also be used to protect wetlands, floodways, and other critical areas from development. A planned unit development is one that: permits diversity in the location and type of structures; promotes the efficient use of land by facilitating a more economical arrangement of buildings, streets, utilities, and land use; preserves as much as possible critical areas and natural landscape features; reduces development impacts to adjacent neighborhoods through design and mitigation. (Ord. 944 § 12, 1999; Ord. 888 § 1, 1996). 

16.24.020            Density and land coverage.

Lot sizes may be reduced in one portion of a development in exchange for a dedicated protection of another portion of the property containing critical areas; provided that:

A. The critical areas to be protected are dedicated in perpetuity, and all future rights for development are traded in exchange for the rights to create smaller lot sizes.

B. In no case shall total density of the development site exceed the density of the applicable zoning district. Total density shall be calculated by dividing the total land area, not including areas for streets, within the development by the minimum lot area required in CMC Title 17.

C. Land protected by trading development density shall be protected from encroachment and maintained free of fill material, building and construction wastes, yard wastes and other debris that would diminish the property characteristics that the dedication was intended to protect. (Ord. 944 § 13, 1999; Ord. 888 § 1, 1996). 

16.24.025            Dedicated lands.

All lands dedicated for the preservation of critical areas, creation of open space or establishment of recreation facilities shall be held in common interest by all of the property owners within the planned unit development. Perpetual restrictions shall be placed upon the title to all dedicated areas and on the face of the binding site plan indicating that:

A. All land uses and development shall be limited to the stated purpose of the dedicated property.

B. All property owners within the planned unit development shall be mutually responsible for the maintenance and preservation of the dedicated lands.

C. That dedicated lands shall be maintained free of any liens or encumbrances that could interfere with the stated purpose of the dedication. (Ord. 944 § 14, 1999). 

16.24.030            Required open space and recreation facilities.

Repealed by Ord. 944. (Ord. 888 § 1, 1996). 

16.24.035            Density credits.

Land dedicated to protection of critical areas, providing open space or recreation facilities shall be credited to the subdivider for the purpose of reducing the minimum lot sizes elsewhere within the development to achieve at least the equivalent housing density as would occur without any land being dedicated.

A. For critical areas, the total area of land dedicated to protection of critical areas shall be divided by the total developable area calculated in CMC 16.24.020(B). The minimum lot size shall then be credited by 100 percent of the corresponding percentage to result in a new minimum lot size for this development.

B. For open space and recreation facilities, the total area of land dedicated to open space or recreation facilities shall be divided by the total developable area, calculated in CMC 16.24.020(B). The minimum lot size shall then be credited by 100 percent of the corresponding percentage to result in a reduced lot size. (Ord. 944 §§ 16, 47, 1999). 

16.24.040            Binding site plan.

A binding site plan is required for all planned unit developments and shall include the following:

A. All information required on a preliminary plat;

B. The location of all proposed structures;

C. A detailed landscape plan indicating the location of existing vegetation to be retained, location of vegetation landscaping structures to be installed, the type of vegetation by common name and taxonomic designation, the installed and mature height of all vegetation;

D. Schematic plans and elevations of proposed building(s) with samples of all exterior finish material and colors, the type and location of all exterior lighting, signs and accessory structures;

E. Inscriptions or attachments setting forth the limitations and conditions of development; and

F. The provisions ensuring the development will be in conformance with the site plan. (Ord. 888 § 1, 1996). 

16.24.050            Project description.

A written explanation of the design concept, planned features of the development, measures taken to meet the purposes of the planned unit development, the proposed sequence and timing of development, the provisions of ownership and management when developed, and covenants or other controls which might influence the development, operation or maintenance of the planned unit development shall be submitted with the binding site plan. (Ord. 888 § 1, 1996). 

16.24.060            Association documents.

An outline of the documents of the owners association, by-laws, deeds, covenants and agreements governing ownership, maintenance and operation of the planned unit development shall be submitted with the binding site plan if applicable to the development. Planned unit development covenants shall include a provision whereby unpaid taxes on all property owned in common shall constitute a proportioned lien on all property of each owner in common. The city may require that it be a third party beneficiary of certain covenants with the right but not obligation to enforce the same. (Ord. 888 § 1, 1996). 

16.24.070            Phased developments.

If a planned unit development is planned to be completed in more than two years from the date of site plan approval, the planned unit development will be divided into phases or divisions of development, numbered sequentially in the order construction is to occur. The binding site plan for each phase shall be approved separately. Each individual division of development in a multi-phase planned unit development shall meet all of the requirements of a planned unit development. (Ord. 888 § 1, 1996). 

16.24.080            Required certificates and approval.

Recording a binding site plan shall include all of the certificates required for a final plat. (Ord. 888 § 1, 1996). 

16.24.090            Recording required.

A binding site plan of a planned unit development and accompanying documents, together with covenants running with the land, binding the site to development in accordance with all the terms and conditions of approval shall be recorded by the Chelan County auditor. (Ord. 888 § 1, 1996). 

16.24.100            Expiration.

A binding site plan expires unless recorded by the Chelan County auditor within three years from the date of approval. An applicant who files a written request with the city superintendent within 30 days before the expiration date shall be granted a one year extension upon a showing of a good faith effort to file the site plan. (Ord. 888 § 1, 1996). 

Chapter 16.28

DEDICATION AND CONTRIBUTIONS

Sections:

16.28.010            Purpose.

16.28.015            Requirements.

16.28.020            Review.

16.28.030            Contribution in lieu of dedication or public improvements.

16.28.040            Property owners associations.

 

16.28.010            Purpose.

To assure that no preliminary or final plat, short plat or planned unit development binding site plan shall be approved unless all necessary easements and rights-of-way have been properly dedicated to a property owners association or the appropriate governmental jurisdiction. (Ord. 944 § 17, 1999; Ord. 888 § 1, 1996). 

16.28.015            Requirements.

Dedication of areas may be required by CMC Title 16 for open spaces, drainage ways, streets, and other public ways, water systems, wastewater systems, storm water systems, parks, playgrounds, mitigation of adverse environmental impacts, protection of environmentally significant features and such other public requirements as may promote public health, safety and welfare.

A. Dedications or contributions in lieu thereof, shall be limited to the minimum necessary to mitigate the development and its impacts.

B. The subdivider may offer a voluntary dedication or contribution in excess of the needs and impacts for the development. The city of Cashmere may accept a voluntary dedication after notice to the subdivider of his right to compensation for those additional dedications and contributions. (Ord. 944 §§ 18, 47, 1999). 

16.28.020            Review.

Review of all developments shall be done in accordance with CMC Title 14. (Ord. 888 § 1, 1996). 

16.28.030            Contribution in lieu of dedication or public improvements.

With the consent of the applicant and the city council, the city may accept a contribution in lieu of dedication of land or construction of public improvements needed for the development or as a result of impacts due to the development. Any such contributions shall be paid into a special reserve fund before final plat or site plan approval. The funds contributed shall be expended within six years from the date of deposit for such capital improvements as the applicant and city council have agreed upon. If the funds are not expended, they shall be returned to the applicant along with interest earned on investment of the funds. (Ord. 888 § 1, 1996). 

16.28.040            Property owners associations.

Title to any dedicated lands to be held by existing or subsequent property owners shall be included in a contract binding all the owners of the properties within the development to the perpetual maintenance and preservation of the dedicated area for its stated purpose. Any contract that establishes a property owners association shall be reviewed by the city of Cashmere to assure that provision and legal requirements provide for the perpetual maintenance and preservation of the dedicated areas for the stated purposes. (Ord. 944 § 19, 1999). 

Chapter 16.32

PUBLIC IMPROVEMENTS

Sections:

16.32.010            Installment requirements.

16.32.020            Design and review.

16.32.030            Construction or surety/bond approval.

16.32.040            Off-site improvements and unimproved abutting streets.

16.32.050            Exceptions.

16.32.060            Inspection certification.

16.32.070            As-built drawings.

16.32.080            Maintenance.

16.32.090            Acceptance.

16.32.100            Maintenance agreement.

16.32.110            Required maintenance.

16.32.120            Maintenance surety.

16.32.130            Reinspection.

 

16.32.010            Installment requirements.

The subdivider shall be financially responsible for installation of all public facilities required for approvals of land divisions in CMC Title 16 and for certain maintenance and warranting all work and materials for a period of two years following installation and acceptance by the city of Cashmere.

A. Before approval of a final plat, final binding site plan, final subdivision, or final short plat the subdivider shall either fully construct all required improvements or provide assurances and guarantees that all required improvements are installed and operating as designed.

1. Installation shall be completed within one year after approval of the preliminary plat, binding site plan, subdivision or short plat and before any building permits are issued to any lot within the development area.

2. The subdivider may propose a phased installation so long as each phase can be constructed as a complete operational unit without interfering with the operations of earlier phases. Any proposal to phase shall be made prior to the start of any work and must be accepted by the city.

B. Guarantees by the subdivider may include a surety bond, cash deposit or other approved contract as specified by CMC 16.32.030 and 16.32.120. (Ord. 944 §§ 20, 47, 1999; Ord. 888 § 1, 1996). 

16.32.020            Design and review.

All required public improvements and private streets shall be designed by a licensed civil engineer to meet or exceed the minimum specification of the Cashmere Design Standards Manual and shall be approved by the city administrator. Review of public improvements will be done along with development review in accordance with CMC Title 14. (Ord. 944 § 21, 1999; Ord. 888 § 1, 1996). 

16.32.030            Construction or surety/bond approval.

Preliminary plat or binding site plan approval or approval of final plans of public improvement by the city administrator, whichever occurs last, shall constitute approval to start construction of required public improvements. In lieu of construction of improvements, a subdivider may provide a surety equal in value to not less than 125 percent of the contract cost of the deferred improvements or as estimated by a licensed professional engineer and approved by the city administrator. The surety shall cover all improvements required as a condition of approval, including but not limited to streets, utilities, drainage facilities, landscaping, walkways, paths and recreation facilities. The surety shall be in a form approved by the city attorney. (Ord. 944 §§ 22, 47, 1999; Ord. 888 § 1, 1996). 

16.32.040            Off-site improvements and unimproved abutting streets.

All off-site improvements and unimproved abutting streets necessary to the development shall be constructed except as noted below. Latecomers agreements, in accordance with Chapter 35.91 RCW, may be drawn for those portions of off-site improvements and abutting streets built by the subdivider which benefit other properties. (Ord. 888 § 1, 1996).

16.32.050            Exceptions.

A. Off-site improvements not immediately required to support the development may be deferred with an approved surety and/or waiver of protest of a future local improvement district established for construction of the improvement or other such agreement.

B. A waiver of protest shall be required for all abutting unimproved streets not constructed by the subdivider. (Ord. 888 § 1, 1996). 

16.32.060            Inspection certification.

The subdivider shall provide certification to the city of the methods of construction, workmanship, materials and test of improvements. Certification shall be by a licensed professional engineer. The city administrator or his designee shall make periodic and final inspections of all constructed public improvements and may reject uncertified workmanship or materials. (Ord. 944 §§ 23, 47, 1999; Ord. 888 § 1, 1996). 

16.32.070            As-built drawings.

Within 30 days of certification, the subdivider shall provide the city administrator with as-built drawings prepared by a licensed professional engineer, warranties, and other documents of the improvements and materials used therein. (Ord. 944 §§ 24, 47, 1999; Ord. 888 § 1, 1996). 

16.32.080            Maintenance period.

The subdivider shall be responsible for the maintenance and repair of all public improvement for a 24-month warranty period following final inspection and certification. (Ord. 944 §§ 25, 47, 1999; Ord. 888 § 1, 1996). 

16.32.090            Acceptance.

Public improvements shall be deemed accepted by the city of Cashmere two years from the date of final inspection and certification. In the event that flaws in workmanship or materials occurs during the 24-month warranty period final acceptance may be extended by city council action on recommendation by a licensed professional engineer. (Ord. 944 § 26, 1999; Ord. 888 § 1, 1996). 

16.32.100            Maintenance agreement.

The subdivider shall submit a maintenance agreement covering all required new public improvements and existing public improvements located within the development area which may be damaged, disturbed, or modified during construction of the subdivision or private improvements therein. The city may perform maintenance on any public improvement if the subdivider fails to complete the work within the specified time or if timely completion is necessary for public health, safety or welfare. Maintenance performed by the city during the required maintenance period does not waive the subdivider’s responsibility for required maintenance. (Ord. 944 §§ 27, 47, 1999; Ord. 888 § 1, 1996). 

16.32.110            Required maintenance.

Maintenance and repair shall be inclusive of any work and materials necessary to correct all deficiencies resulting from improper construction or faulty materials used in construction and for any damages that may occur during construction of subsequent phases. The subdivider shall complete any required maintenance within a reasonable time as determined by the city administrator or reimburse the city of Cashmere for maintenance it might perform. (Ord. 944 §§ 28, 47, 1999; Ord. 888 § 1, 1996). 

16.32.120            Maintenance surety.

The subdivider shall submit a surety to cover maintenance of all public improvements during the 24-month warranty and maintenance period. The surety shall be equal in value to 15 percent of the total value of the required public improvements as determined by a licensed professional engineer. (Ord. 944 §§ 29, 47, 1999; Ord. 888 § 1, 1996). 

16.32.130            Reinspection.

The subdivider shall have all public improvements inspected by a licensed professional engineer one month prior to the end of the warranty and maintenance period and document the inspection in a report. (Ord. 944 §§ 30, 47, 1999; Ord. 888 § 1, 1996). 

Chapter 16.36

SURETY, BONDS, AND FEES

Sections:

16.36.010            Fees.

16.36.020            Sureties and bonds.

16.36.030            Release of sureties.

 

16.36.010            Fees.

Application fees for preliminary plats, final plats, preliminary short plats, final short plats, lot line adjustments shall be set by resolution by the Cashmere city council. (Ord. 944 § 31, 1999). 

16.36.020            Sureties and bonds.

All sureties shall be approved as to form by the city attorney and approved by the city superintendent as to amount and adequacy. (Ord. 888 § 1, 1996). 

16.36.030            Release of sureties.

The city superintendent shall not release sureties for completed or partially completed required improvement except under the following conditions:

A. The subdivider has submitted a schedule of improvements, the sequence for completion and the value of each part of the improvement for which a release of surety may be sought.

B. Each segment of a required improvement shall be usable by itself without completion of the remainder of the improvement.

C. Each segment shall receive final inspection and approval by the city superintendent before release of the surety for that part of the improvement.

D. All partial releases on each improvement shall constitute no more than 100 percent of the estimated value of the entire completed improvement.

E. All releases of sureties shall be approved by the city council. (Ord. 888 § 1, 1996). 

Chapter 16.50

MANUFACTURED HOME DEVELOPMENT*

(Repealed by Ord. 973)

*Code reviser’s note: For manufactured home development provisions, see Chapter 17.50 CMC.

 

Chapter 16.55

RECREATIONAL VEHICLE PARK*

(Repealed by Ord. 973)

*Code reviser’s note: For recreational vehicle park provisions, see Chapter 17.52 CMC.

 

 

 
 
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