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ORD 55-41 REGULATION FOR MUNICIPAL APPROVAL OF PLATS0RDINANC~ NO. ~1 AN 0RDI~IAI~C~ providing rules n-d regulations for the municipal approval of plats, subdivisions, or dedications; prescribing standards for the design, layout and develop- ment thereof; providing procedure for n~,~4cipal approval or disapproval thereof; providing for the granting of varia- tions and exceptions thereto; to be k~ou as the "Subdiv- ision Ordinance"; providing a penalty for the violation thereof; and repealing all other ordinances in conflict herewith and adopting such Subdivision Code by reference in accordance with R.O.W. 3~-21-180. · ~, IT 0RDAI~ by the Town Council of the Town of Winslow, Wash- ington, as follows= 1. There is hereby adopted by reference those rules and regula- tions for ~,-icipal approval of plats officially termed the "Subdivision Code", three copies of which code in book form have been filed for use and examination by the public in the office of the Town Clerk. 2. Any amendment or addition, when printed and filed with the Town Clerk and approved by majority vote of the Town Council at re,ruler meeting, shall be considered and accepted a~ amendments of and additions to such code without the necessity of amending this Ordinance. PASSED by the Town Council of the Town of Winslow, Washington, and approved by its Mayor this 21st day of June, 19~. Attest~ Clerk '. WINSLOW SUBDIVISION CODE Rules and regulations for the municipal approval of plats, subdivisions, or dedications| prescribing standards for the design, layout and development thereof; providing procedure for municipal epproval or disapproval thereof; providing for the grantiv~ of variations and. exceptions thereto; to be known as the "SUbdivision Code"; providing a penalty for the violation thereoft and repealing allordinances in conflict herewith. BE IT ORDAILr~Dby the Council of the Town of Winslow: S$0TXON 1, Definitions. a. Comurehensive Plan or portions thereof are those co-ordinated plans in preparation or v~ich have been prepared by the Planniv~ Commission for the phys- ical development of the municipality; or anyplans, being portions of the compre- hensive plan, prepared for the physical development of such municipality, that designate, among other things, plans and programs to encourage the meet appropriate use of land, and lessen congestion throughout the municipality, in the interest of public health and welfare. b. Dedication is the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no ether rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. c. Final Plat is the plan of the plat, subdivision, or dedication, or any portions thereof prepared for filing for record by the County Auditor, and contain- ing those elements and requirements set forth in Section 8 of this Code. After the County auditor has filed for record the Final Plat, it shall thereafter be known as an authorized plat, subdivision, or dedication~ d. Reserved e. First Class Tidelan~s shall mean the beds and shores of navigable tidal waters once or still belonging to the state, lying Within or in front of the corporate limits of any Tova, or within one mile thereof upon either side and between the line of ordinary high tide and the inner lmrbor line, and within two miles of the corporate limits on either side and between the line of ordin~.ry high tide and the line of extreme low tide, Reserved g. Official Plans are those official maps or map, or portions thereof, adopted by ordinance by the 0ouncil as provided in Oh. 44, Sec. 6, Laws, 1935, as hereafter amended (R C W 35,63.110). h. Planning Commission shall be that Commission established by the Council of the To~m of Winslow as provided in Oh. ~j., L~.ws. 1935, as hereafter amended (Oh. 35.63, R C W). i, A Proposed Plat or Subdivision is a preliminary plan of the plat, subdiv- ision, or dedication containing the elements and reouirements as set forth in Section 6 hereof. J. Public Hi~hWs includes everyway, l~r~, road, street, and boulevard, sad everyway or place in the state open as a matter of right to public veMcular trav- el both inside and outside the limits of cities and towns, and shall include com- munity arterial,, neighborhood streets and residential streets, some of which may or may not be portions of the primary or secondary highway system of the State of Washington. k, Subdivider is any person, firm or corporation proposing to make, or have made, a subdivision. 1. Subdivision or Plat is an area of land not previously 9lotted, whichb~__s been divided into two or more lots, plots, tracts, or other divisions of land, and may not include a map, or maps related thereto, for the purpose, whether immediate or future, of transfer of ownership, or for buildi~ developments, including all designations in street lines, public area boundaries, lot lines, easements, rights of way, pavement widths, curb lines, location and size of utilities, location and size of land areas to be dedicated; provided tlmt this definition of a subdivision shall not include those divisions of land for agricultural purposes, where each parcel is ten acres or more in area and which does not include any new streets, easements, rights of way, or other provisions for necessary public areas and facil- ities, provided, however, that nothing contained herein shall be construed to re- quire compliance herewith on the pert of any person who subdivides his property into t~o parcels, the smaller of whid~ is no wider than 15 feet. And provided further tlmt such subdivision does not contain a dedication as mentioned in Section 3, and tlmt the provisions of Section ~ K are complied with. m, Tentative Auuroval is the official action taken on the proposed plat, subdivision, or dedication by the Town Council, meeti~ in regular session. n. Final Aunroval is the final official action taken by the Town Council on the proposed plat, subdivision, or dedication or portion thereof that has previ- ously received tentative approval, ~CTION 2, ~orcin~ Authority. The Town Planning Commission is desi~.~nated and assigned the administrative and co-ordinating responsibilities contained herein, pursuant to the laws of the State of Washington, Ch. 186, Laws, 1937, as hereafter amended (Oh. 58.16 R C W) for the approval or disapproval of plats, subdivisions, or dedications subject to final approval by the Town Council, ~.CTION 3. Procedure. No person, firm, or corporation, proposing to make, or having made a plat 'or sub- division of land containing two or more lots, plots, or tracts, or proposing to make or having made a plat or subdivision containin~ a dedication of any part thereof as a public street or highway, shall enter into any contract for the sale of, or shall offer to sell, said subdivision or plat, or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading and excavation, relating thereto, until he or it has obtained both the tentative and final approval of the proposed plat, subdivision. or dedication in accordance with the prescribed xlales and regulations contained hereinx A. eenera 1. The subdivider, his engineer, or land surveyor, while the proposed plat, subdivision, or dedication is in sketch form, and before the proposed plats subdivision, or dedication is prepared, shall consult with the Planning Commission for the purpose of ascertaining the requirements of the Official Plan, or any por- tions thereof, and obtaini~ any explanation of the rules and regulations herein _contained as may be necessary and related to the proposed plat, subdivision, or ~dication. 2. The tentative approval of the proposed plat shall be effective for two years, unless extended by the Planning Commission for a period not to exceed two additional years, or until such time as the final plat has been approved for the entire area of land covered by the proposed plat, providi~lg the latter period of which is less tlmn the two year extension period. -3- 3o A final plat may be presented for final approval for any portion of ~ large subdivision when the proposed plat therefor has previously received tentative approval by the Planning Commission. ~. When the Planning Commission has ascertained that the public use and interest will be served and advanced by the proposed plat, subdivision or dedication in accordance with rules heroin contained, the Planning Commission shall execute its written approval which shall be suitably inscribed on the final plat, subdivision,. or dedication. Thereafter, the final plat, subdivision, or dedication my be presented for final approval by the Town Council and for filing for record to the County Auditor of the County of Kit sap, and after it has been filed for record, it shall be known as an authorized plat, subdivision, or dedication of land. B. Specific 1. The proposed plat, subdivision, or dedication, and application for "tentative approval" thereof shall be prepared by the developer, his enginegr, or land surveyor in a. ccordance with the requirements for the proposed plat, subdivision, or dedication as set forth in Section 6 hereof, and.the proposed plat, subdivision, or dedication, and the application shall be submitted to the Town Clerk, wh~ shall affix thereto, a file number and the date it is received; and the application sub- mitted by the developer, his engineer, or land surveyor shall be accompanies by a fee in the amount of 1/~ of one cent per square foot of lot area included in the proposed subdivision. The application, and the proposed plat, subdivision, or dedication shall be submitted to the Town Clerk two weeks prior to the regular meet- ing of the Planning Commission, during which time, the Town Clerk shall transmit the application and the proposed plat, subdivision, or dedication to the Town Mayor. 2. The Mayor shall transmit two copies of the proposed plat to the Town Engineer, one copy to the Town Health Officer, and one copy to the Building Committee for their respective recommendations regarding the proposed plat, sub- division, or dedication. The Mayor shall retain four copies for the members of the Planning Commission. (and other d par n h r i 1 make their respective reco~nendations regarding the proposed plat, subdivision, or dedication in report form to the Mayor within a period of ten days from the day the Town Clerk received the application for its approval. A. The Mayor shall transmit the application, the proposed plat, sub- division, or dedication, and the respective recommendations of the Town Engineer, Health Officer, Building Inspector, (and other department heads) to the SecretaFJ of the Planning Commission prior to its regular meeting. 5. The Planning Commission shall examine the proposed plat, subdivision, or dedication to ascertain whether it conforms to the requirements of the Official Plan or any portion thereof. 6. Notice of public hearing on the proposed plat, subdivision, or dedication shall consist of at least three copies of the notice of the hearing, posted in conspicuous places, on or adjacent to the land proposed to be platted or subdivided, in which the time and place of such hearing is ~ie~rly indicated~ all of which shall be posted not less than ten days prior to the hearing; and the announcement of public hearing shall be submitted by registered m~jl s.t least two !/~eeks prior to the time of the public hearing to the owners of all contiguous ~roperties within a distance of 300 feet from any line of the propelled plat, sub- dd-~ision, or dedication. Notice of each such public hearing shall 'De given in accordance with Ch. 216, Laws, 1953. 7. The Planning Commission will either tentatively approve or withhold tentative approval of the proposed plat, subdivision, or dedication, within a period of 60 days after the Town Clerk has received the application, and the proposed plat, subdivision, or dedication; and, if approval is withheld, a copy of the proposed plat, subdivision, or dedication, together with a list of suggested modifications, prepared in accordance with the provisions heroin contained, shall be retained in the files of the Planning Commission, and a copy thereof shall be returned to the subdivider. A certificate of approval, or withholding approval, shall be forwarded to each of the municipal officers that received a copy of the proposed plat, sub- division, or dedication. 8. If the proposed plat is approved by the Planning Commission, the subdivider, before requesting final approval, shall elect, by a written statement, to carry out minimum improvements in accordance with the provisions of Section 7 herein contained by any ~ the followi~ me~hb~i (a) By furnishing the Town o~ Winslow with a plat or subdivision b0ndt in which assbt~ance is given the Town that the installation of the ~inimhm improvement will be carried out as provided in Section 7, and in accordance with the installation requirements, and under the supervision of the Town Engineer. The amount of the plat or subdivision bond shall be determined by the Town Engineer, but in no event shall ~ $=:- ' . =:-=~ ~, ,"-~' ~n ,~'I~ ~ t~e e~f~t,,~'eY (b) By actually installing the minimum improvements in accordance with the provisions of Section 7 herein contained, as provided by the local improve- ment district laws of the state of Washington, and the Council of the Town of Winslow, and in accordance with the installation requirements and under the super- vision of the Town Engineer. (c) By actual installation of improvements in accordance with the provisions of Section 7 herein contained, and in accordance with the installation requirements and under the supervision of the Town Engineer. (d) By furnishing the Town of Winslow with a copy of the contract signed by a contractor, and the developer of the proposed plat, subdivision or dedication in which the contractor has agreed to install the minimum improvements in accordance with the provisions of plat, subdivision, or dedication in which the contractor has agreed to install the minimum improvements in accordance with the provisions of Section 7 herein contained, and in accordance with the installation requirements, and under the supervision of the Town Engineer; in addition the developer shall furnish the Town of Winslow with a copy of the performance bond signed by the contractor and provided by the contractor to the developer of the proposed plat, subdivision, or dedication, in which assurance is given that the contractor will install the minimum improvements, in accordance with the provisions of Section 7 herein contained. The amount of the performance bond shall be determ- ined by the Town Engineer. (e) Combination of these methods. 9. The Town Engineer shall be advised of the subdivider's method of assuring performance within five days after the proposed plat, subdivision, or dedication has received "Tentative approval" by the Planning Commission. lO. The subdivider my then make application for such permits from the local officers, officials, and authorities as are necessary to proceed with the installation of the improvements. II. After completion of all improvements, the Town Engineer and Health Officer will each submit a certificate in duplicate to the Planning Commission stating that the subdivider has completed the required installations in accordance with the provisions of Section 7 herein contained, and in accordance with installa- tion 'standards of their respective departments~ The Planning CoAr~nission shall have the Town Clerk transmit one copy of such certificate to the subdivider, together wit~ a notice advising himto prepare a final plat for that portion of the area cont~ine~ in the proposed plat, subdivision, or dedication in which minim~un improvements have been installed and covered by the certificate issued by the Town Engineer, and the original shall be retained by the Planning Commission. 12. The subdivider submits the final plat consisting of the original and five copies prepared in accordance with the provisions of Section 8 hereof, after improvements have been installed in accordance with the provisions of Section 7. The final plat shall be transmitted to the Mayor, who, in turn, shall transn~I it to the Planning Commission, and the Planning Commission shall either approve tk. plat or subdivision within 60 days of the date of filing said plat with the Town Clerk or return said plat or subdivision to the applicant for modification or correction, unless the applicant in the meantime shall have filed written consent for a longer period within which the Planning Commission is to act thereon. 13. After final approval, the Planruing Commission shall transmit to the Town Clerk a certificate of its final approval, and thereafter the Town Council shall at regular meeting either approve or disapprove the final plat. Such approval or disapproval shall be given within 60 days after receipt of the Planning Commission's certificate. After approval, the original and five copies of the final plat shall be transmitted to the following officials and officers by the Town Clerk: (a) The original the County Auditor of the County of Kitsap. (b) Two copies to the County Assessor of the County of Kitsap. (c) One copy to the Town Engineer. (d) One copy to the Town Health Officer. (e) One co~,~ shall be retained by the Planning Commission. l~ . After the County Auditor has received and filed for record the final plat, it shall be known as an authorized plat, subdivision, or dedication of the land as provided in Cho 186, Sec. 7, Laws, 1937, aS hereafter amended (R c w 5s.16.o6o). -6- SECTION ~. General Pries of Design and Minimum Requirements for the Layout of Subdivisions. In the planning of a plat, subdivision, or dedication, the subdivider shall prepare his proposed plat, in conformance with the following provisions: A. Provisions of the Comprehensive Plan. 1. Land, which the Planning Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations, or other features likely to be harmful to the safety, welfare, and general health of the future residents, the Planning Commission considers inappropriate for subdivision, shall not be subdivided, unless adequate methods are formulated by the developer and approved by the Town Engineer. 2. Those areas of the Town, where topographical slopes are 10 per cent or more, as pre-determined by the Town Engineer, shall be subdivided in conformance with any additional requirements, which the Planning Commission shall provide. to any subdivider witpin ten days after receipt of his request, which shall be accompanied by a sketch map showing location of proposed plat, subdivision, or dedication. Such additional requirements shall be secured from the appropriate departments by the Planning Commission. 3. The proposed subdivision shall provide for such requiremsnts contain- ed in the official plans or portions thereof and development plans for the Town of Winslow. ~. The subdivider shall make available, for public acquisition, such lands in-the area to be subdivided as are designated by the Official Plan for parks, playgrounds, and public buildings. B. Street and Blpck Layout: 1. Shall conform to the most advantageous development of adjoining areas, and the entire neighborhood, and shall provide for the following: (a) Street continuity of appropriate streets, and arterials. (b) Streets continuing to boundsTies of tract. (c) Streets generally following contour lines. (d) Streets intersecting at right angles, or as nearly as possible. (e) Street jogs shall be avoided. (f) Nothing less than full-width streets, and no boundar~J streets on the tract in which the plat is located, unless required to provide right of way for streets and arterials designated by the Official Plan or portions thereof. (g) Alleys in business district at least 20 feet wide. (h) For residential lots frontdang on major arterials only, either alleys in the rear, or service drives in front. 2. Blocks shall meet the following requirements: (a) The width of blocks shall provide for two tiers of lots, each of which shall have a minimum depth of 1OO feet. (b) The length of blocks shall not exceed 1,320 feet where the average size of lots does not exceed two acres in area. (c) In any block exceeding 660 feet in length, walks or pedestr~.nn ways at a mid-block point shall be required, when determined to be essential by the Planning Commission to provide circulation or access to schools, playgrounds, shopp-- ing centers, etc.; the right of way of which shall be at least ten feet in width, except as provided in Section 9. B. hereof. -7- (d) The number of streets intersecting with the existing or proposed public highways as shown on the plan, as set forth in Section ~.C and D. below shall be held to a minimum. Whenever the topography and general character- istics of the area to be platted require blocks of more than 1,320 feet, such reason shall be listed and supported by the design of the plat, subdivision, or dedication. C. Rights of Way of Public Highways. Roads. Streets. and Alleys: 1. Conm~ity Arterials: (a) Parkways, parkdrives, and boulevards shall be as specified by the Official Plan, but not less than 100 feet wide, in any case. (b) Whenever a limited access highway and approaches thereto are indicated by the Official Plan for future development, and the subdivider reserves or sets aside land for possible sale as the right of way for such limited access highway, such piece of land shall be in conformance therewith. Limited access high- ways shall be specified by the Official Plan but not less than 150 feet wide in any case. (c) Major streets as specified by the Official Plan shall be not less than 80 feet wide in any case, except as provided in Section 9,B. hereof. 2. ~eighborhood Streets: (a) Parkways, parkdrives, and boulevards shall be as specified by the Official Plan but not less than 80 feet wide in any case. (b) Minor streets shall be as specified by the Official Plan but not less than 60 feet wide in any case. 3. Residential Streets. Local Streets. A_l_leys. and Service Drives: (a) Local streets and de~d-end streets which are not over 500 feet long shall have a minimum of 60 feet. All dead-end streets shall terminate in a circular turn around, or an appropriate turn around design having a minimum right of way diameter of 80 feet, unless the Planning Commission approves a "T" or '~" shaped space in place of the required turning circle. Right of way for the "T" or'~[" shall not be less than 60 feet. (b) Alleys and service drives shall be a minimum of 20 feet. (c) Easements for utilities shall be provided along rear lot lises and when provided along side lot lines, such easements shall be at least lO feet wide except as provided in Section 9.B. hereof~ One half of the width of the ease- ment shall be added to the minimum lot width requirement. (See Section ~.K.) D. Minimum Pavement Widths for Public Highway: 1. Commaunity Arterials: (a) Parkways, parkdrives, and boulevards as shown on the Official Plan or portions thereof shall be a minimum of ~8 feet, not including curb or park- ing lane. (b) Major streets as shown on the Official Plan or portions there- of shall be a minimum of ~8 feet, not including curb or parking lane. 2. Neighborhood Streets: (a) Parkways, parkdrives, and boulevards as shown on the Official Plan or portions thereof shall be a minimum of ~8 feet, not including curb or parking lane. (b) Minor streets as shown on the Official Plan or portions thereof shall be a minimum of 2~ feet, not including curbs or parking lane. S. Residential Streets: (a) All local streets, and dead-end streets which are not over 500 feet in length shall be a minimum of 2~ feet, not including curb or parking lane. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of 60 feet and shall be at least 2~ feet wide except as provided in Section 9. B. hereof. (b) Alleys and service drives shall be a minimum of 20 feet. E. Grades and Curves ~- Streets and Pedestrian Ways: 1. ~r~des for Public HighWays and Pedestri__an.Ways: (a) Con~nunity Arterials. (1) Grades of parkWays, parkdrives, and boulevards as shown on the Official Plan or portions thereof shall be not more than 5 per cent. (2) Grades of major streets as shown on the Official Plan or portions thereof shall be not more than 5 per cent. (b) Neighborhood Streets. (1) Grades of parkways, parkdrives, and boulevards as shown on the Official Plan or portions thereof shall be not more than 5 per cent. (2) Grades of minor streets shall be not more than 5 per cent. (c) Residential streets and pedestrian ways. (1) Grades of local streets, service drives, and alleys shall be not more than 7 per cent. (2) Grades of pedestrian ways or crosswalks shall be not more than 10 per cent, unless steps designed in accords.nce with approved standards of the Town Engineer are provided in the planso (d) All changes in street grades shall be connected by vertical curves meeting the standards and requirements of the Town Engineer. The radii of curvature on the cep~er line .s~ll not be less than the following: (a) Community arterials: (1) Parkways, parkdrives, and boulevards shown as such on the Official Plan or portions thereof: 300 feet. (2) Major streets as shown on the Official Plan or portions thereof: 200 feet. (b) Neighborhood streets: (1) Parkways, parkdrives, and boulevards as shown on the Official Plan or portions thereof: 200 feet. (2) Minor streets as shown on the Official Plan or portions thereof: leo feet. (c) Residential streets: (l) Local streets, service drives, and alleys shown on the Official Plan or portions thereof: leo feet. (d) A tangent of at least 200 feet in length shall be provided between reverse curves for c6mmunity arterials, 150 feet for neighborhood streets and lO0 feet for residential streets. -9- F. Intersections. ~. At street and alley intersections, property line corners shall be rounded by an arc, the minimum radii of which shall be 10 and ~ feet, respectively. In business districts a chord may be substituted for such arc. 2. Street curbs at intersections shall be rounded by radii of at least 20 feet. G. Parkin,~ Strips. 1. Parking strips on both sides of cummunity afterisis: (a) Parkways, parkdrives, and boulevards: 12 feet. (b) Major streets: 12 feet. 2. Parking strips on both sides of neighborhood streets: (a) Parkways, parkdrives, and boulevards: 6 feet. (b) Minor streets: ~ feet. 3. Parking strips for residential streets: (a) Local streets, dead-end streets, "T" end "Y" dead-end streets: 5 feet. H. Reserved I. S._treet Lighting. 1. Street lights of appropriate design, as detc~nined by the City Engineer, may be located at each street intersection and on both sides of the street! 2. Street lighting installations shall be located in reference to the dimension of full grown trees and in accordance with the determinations and standards of the Town Engineer. J. Sidewalks. 1. Sidewalks serving proposed conunercial, shopping and retail land uses shall be at least lO feet wide. 2. Sidewalks serving proposed apartment houses, row housing, and garden apartments shall be at least 8 feet wide, and shall be located at least two feet from the property line and in the right of vmy. 3. Sidewalks serving areas proposed for single dwelling unit homes shall be at least four feet wide and shall be located at least two feet from the property line and in the right of way. K. 1. The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated. (See Section 7~A.5.) 2. Excessive depth in relation to width shall be avoided. A propor- tion of depth to width shall be, and this 2 1/2 to I shall be considered as desir- able depth for lots having widths of 60 feet or more, 3. Every lot shall abut on a street. ~. Lots for residence purposes not abutting on bodies of water shall be at least 60 feet wide at the building line~ in order to permit compliance w~th side yard requirements of the zoning ordinance and st!I! be adequate for a building of practicable width; lots for residence purposes abutting on bodies of water shall be at least 60 feet wide at the building line and shall be at least ~O feet wide at the meander line in order to permit compliance with side yard requirements of the zoning ordinance, and to provide adequate ingress and egress to the body of water. -lO- 5, Lots, except corner lots, having frontage on two streets shall be avoided. 6. Side lot lines shall be approximately at right angles to the right of way line of the street on which the lot faces. 7. Colmer lots for residential use shall be platted wider than interior lots, and shall conform to the front ~ard requirements on the side street as pre- scribed by the zoning ordinance. 8. Residential lots fronting on community arterials, shall have extra depth in accordance with the provisions of Section 9. B. 1. hereof. 9. Proposed plats, subdivisions, or dedications which include lot lay- out to be used for commercial or retail purposes, shall be designed to provide for a minimum of off-street parking based upon the rabio of one square foot of building area to two square feet of parking areat and the buildLng and parking areas shall be clearly indicated thereon.~ and upon approval by the Plannmng Cowmission, made a part of the final plato -ll- SECTIC~ 5~ Procedure for Subdivision of First Class Tidelands, General principles relating to the procedure for the approval of proposed plats, subdivisions, or dedications of first class tidelands, and lands lying between the line of ordinary high water and an established inner harbor line in navigable, tidal and non-tidal waters: A. Procedure: la Submit a statement ((original and five (5) copies)) to the City Planning Commission containing the following information: (a) A statement describing the location of the land as recorded in the county assessorts office, together with a vicinity sketch map showing the location of the land. (b) A statement relating to the proposed development of the sub- division indicating requirements for land fills if any~ waterways, moorage, wharves, or other proposed improvements~ together with a map showing ~he location of the tidelands proposed to be subdivided, the inner harbor line, line of navigability, and the line of ordinary high water. (c) A statement showing present ownership of the land to be sub- divided indicating the time and date of said ownership. (d) A statement indicating# and a map showing, the proposed method of providing ingress and egress to the uplands from the tidelands. 2. The Planning Commission shall retain the original and submit the copies of the statement required by Section 5.A.1. to the following officials: (a) One copy submitted to the State Land Commissioner to which is attached a statement suggesting that the Land Commissioner advise the Town Planning Commission~ if upon e.x~nation of the proposed subdi-~ision, the Land Commissioner finds it necessarj to report on his findingso (b) Two copies submitted to the Town Engineer to which is attach- ed the request that he prepare a report indicating the desirable standards for the development of this land. (c) One copy to the Health Officer to which is attached a request for a report in which the desirable standards for the development of this land a2~e indicated. (d) One copy to the Port Authority, if any, to which is attached a request for a report in which the desirable standards for the development of land are indicated. 3. The Town Planning Commission shall prepare a special report conrein ing a compilation of the desirable standards submitted by the afc,resaid officers and officials for the development of said lands, and such report shall be submitted ~o the subdivider of the proposed subdivision. ~. The subdivider shall submit the proposed plat to the Town Planning Commission in accordance with the desirable standards set forth in said report. The proposed plat will be approved or approval withheld as set ~r±h in Section 3 of this ~w~n~. ~d~. SECTION 6. Reauirements of ~he ~ro~osed Flat. a. The proposed plat and eight (8) blueprints thereof shall be prepared by a re2istered professional engineer or land surveyor, to which shall be attached a written application addressed to the Planning Comm~ssicn requesting tentative approval of the proposed plat. b. A vicinity sketch at the scale of ~00 feet and not more than 800 feet, to the inch shall accompany the proposed plat. The vicinity sketch map shall show all adjacent subdivisions, streets, tract lines of acreage parcels, with the names of owners of record of such parcels. It shall show how the streets and alleys in the proposed subdivision many connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce the most advantageous develo~nent of the entire neighborhood. c. Horizontal scale of the preliminary plat shall be 200 feet or less to the inch and the vertical scale of the streets and sewer profiles shall be 20 feet or less to the inch. d. The proposed plat As submitted to the Town Planning CommisSion shall contain a certificate fr~n the County Treasurer indicat~ that all taxes on said property included in the proposed plat, subdivision, or dedication, have been paid and a certificate from the County Assessor indicating that all. assessments on this property have been paid in accordance with Ch~ 200, Sec. 1, Laws, 1909, as here- after amended (R C W 58.08.0~0) s.nd Ch. 188, Sec~ 1, Laws, 1927, as hereafter amended (R C W 5S.oS.o3o). e. The proposed plat, subdivision, or dedication shall contain the following: (1) All maps shall indicate the name of the proposed plat, subdivision.? or dedication. engineer. (2) All maps shall show the names of the subdivider and surveyor or (3) A ~ap showing the tract designation of the proposed plat, sub- division, or dedication as shown in the files and records of the County Auditor of the County of Kitsap. (~) A map showing existing monuments of record. (5) A map showing the names ang addresses of the owners of record of proparty contiguous to the proposed subdivision and within 300 feet of the property lines of the land. covered by the proposed subdivisions. (6) A map showing the names and addresses of owners of unplatted land~ lying contiguous and adjacent to the proposed plat, subdivision or dedication. (7) A map showing the boundary lines, accurate and to scale, of the tract to be subdivided. (8) A map showing the location, width, and n~s of all existing or platted streets or other public ways within or adjacent to the proposed develop- ment and other important features, such as permanent buildings~ water courses, /x~er lines, telephone lines, railroad lines, municipal boundaries, township lines, and section lines. (9) A map showing location, pipe sizes, and grades of all existing sewers, water mains, culverts, electrical conduits, telephone conduits and other undePgPotmd installations within the tract and immediately adjacent thereto. (10) Amap shall be prepared showing contours with intervals of ~ feet or less referenced to either the United States Coast and Geodetic Survey datum, the plain co-ordinate system for the state of Washington, or such datum acceptable to the Town Engineer. (11) A map showing the layout of proposed utility mains, street right of way lines, lot lines, alley and easement lines, shall be prepared and referenced to the United States Coast and Geodetic Survey datum or the plain co-ordinate system for the state of '~Yashington or such datum acceptable to the Town Engineers (a) A layout shall be prepared showing the location and approxi- mate sizes of catch basins, culverts, and other drainage structures. (12) A map shall be prepared showing the plan of street lighting. (13) A map shall be prepared shopping the profile and tentative grades of each street. (1~) A drawing shall be prepared showing the cross sections of each proposed street, width of the pavement, the location and width of sidewalks, and the location and size of utility mains. (1~) Drawings shall be prepared showing the plans and profiles, grades and sizes of proposed sanitary sewers, the m~thod of sewage disposal, or a sewer plan in lieu of such a sewer system. (16) A plan shall be prepared showing the proposed water distribution system, pipe sizes and their grades and the location of w~lves and fire hydrants, or another plan in lieu of a water distribution system plan, (17) A map shall be prepared showing the zoning boundary lines, if any, indicating proposed uses of property, and including front yard, rear yard, and side yard requirements of the zoning ordinance. (18) A map shall be prepared showing all parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners of the subdivision with the purpose, condition, or limitations of such reservations clearly indicated. (19) All maps shall show the date, scale, and the north point. (20) The proposed subdivision shall have attached to it copies of any private restrictions proposed to be included in the deeds. The sUbdivider, his agent, or engineer are permitted to combine any of the above maps and drawings so as to show the proposed development clearly and to expedite the planning of the proposed plat, subdivision or dedication. f. The proposed plat, subdivision, or dedication of lands contiguous to, or representing a portion of, or all of the frontage of a body of water in which navigability, inner harbor lines, and outer harbor lines have not been determined shall cloarly show the following features and information in addition to the pro- visions herein contained in Section 6.e. hereof: (1) A map shall be prepared showing the proposed meander line, which line shall be located 20 horizontal feet inland from the line of ordinary high water and shall be referenced to meander lines heretofore located. (2) A map shall be prepared showing the names of the owners of all inundated l~nds, and all uplands lying adjacent or contiguous to the land proposed to be platted, subdivided, or dedicated. (3) A map shall be prepared showing the land use regulations of the zoning ordinance applicable to the land to be platted, subdivided, or dedicated, and the land lying adjacent and contiguous thereto. (~) A map shall be prepared showing the proposed wharf or dock line beyond which no structures may be erected, together with a statement containing a proposed dedication and the restriction of the use Of inundated lands and water lying beyond the wharf or dock line. (S) A map shall be prepared showing the location of all proposed monuments which shall be erected at the intersection of all lot lines and the meander line. (6) A map shall be prepared showing the building line for all structures, and the building line shall be established ~0 horizontal feet upland from a median line of the meander line. '14- SECTION 7. Procedure for Installi.nR Im_~.r_o_v_~m3__nt.s_~_n..d..Dev_e.l.o~.in_f~.St_a_nd~rds Thereto. A. The Town ~r~ngineer sh~,ll prepare minimum installation materials, designs, and construction standards appropriate to the locality, topography, soil conditions, and goolo~y of the area in which the proposed plat, subdivision, or dedics. tion is to be developed and improved. Said standards shall be ~de available to all sub- dividers, or their surveyors and engineers lO days after receipt of the proposed plat, subdivision, or dedication by the To~m Engineer from the Planning Commission. Minimum improvements shall include the following: 1. Streets shall be constructed to full width and surfaced in accord- ance to the standards and under the supervision of the Town Engineer. 2. Curbs shall be installed in accordance with the standards and under the supervision of the Town Engineer. 3. Sidewalks shall be constructed on both sides of the street in accordance with the standards and under the supervision of the Town Engineer. ~. The water distribution system including the loc~tions of fire hyrants shall be designed in accordance with the standards and installed under the supervision of the Town Engineer. Connections shall be provided for each lot. 5. The subdivision shall be provided with a complete sanitary sewer system providing a public sewer main is lying within 800 feet of the proposed sub- division. The sanitary system shall be designed and installed in accordance with the standards and under the supervision of the Town Engineer. If a public sewer main is not located within 800 feet of the proposed subdivision, the following shall be considered reasonable in lieu of a distribution system: (a) Proposed subdivisions, where the average size lot is one acre or more and where the soil conditions have been found satisfactory by the Town Engineer, and Health Officer, septic tanks, or other methods of handling wastes shall be installed in accordance with the standards and under the supervision of the Town Engineer except where septic ta~ks are provided on lots facing or abutting a body of water, the developer in addition to the provisions herein contained shall install the septic tank in the upland lO0 feet from the meander line. ~Aere septic tanks are provided, the minimum lot area for each septic tank system shall be specified in the deed of each of said lots, and said deed provisions shall be acceptable and approved by the Town Engineer. 6. Trees of a species indicatedby the street tree plan shall be planted on both sides of the street in accordance with, and under the supervision of, the Town Engineer. 7. Permanent monuments and other markers shall be erected and located and each lot shall be staked in accordance with the standards and under the supervision of the Town Engineer. -15- SECTION 8. ReQuirements for the Final Plat. The map of the final plat, subdivision, or dedication shall be submitted to the Planning Commission in the form herewith prescribed: a. All documents, maps, survey notes shall contain the name of the subdivision or be clearly referenced to it. b. All documents, maps, survey notes shall contain the name and address of the subdivider and his surveyors or engineer, Or be clearly referenced to it. c. The map shall show the north point, scale, and date. (True and magnetic North). d. The map shall provide suitable space for the inscription of the secretary of the Planning Commission indicating the approval of the final plat by the Planning Commission, in which the following shall appear: The Planning Commission of the Town of Winslow meeting in regular session did find that the (date) plat serves the public use and (name of plat) interest and has authorized its secretary to execute its written approval hereon. Signature of Secretary d-1. The map shall also provide space ...... Same as "d" above except Town Council shall be used in lieu of Planning Commission. e. The boundary lines with accurate distances and bearings, location, and width of all existing previously recorded public highways approach- ing and intersecting the boundaries of the subdivision shall be shown on the map and referenced to the United States Coast and Geodetic Survey datum or the plain co-ordinate system for the state of Washington, and/or acceptable data prescribed by the Town Engineer. f. The map shall accurately show the boundary lines of all parks and playgrounds and the rights of way of all public highways contained in the plat, subdivision, or dedication, and shall contain thereon, suitably inscribed and described, a statement of dedication of these rights of way, playgrounds, parks: and other necessary areas. g. The map shall show the length of all arcs and radii. h. The map shall show all turning angles, points of curvature, and length of tangents shall be so indicated. i. The map shall show the location of all monuments on which their sizes and shape, and location are indicated. j. The error of enclosure of any and all traverses shall not exceed one foot in four thousand feet. k. Complete field and computation notes showing original or re-established corners, with description of the same; showing true bearings and distances to established street lines and monuments, turning angles, points of curvature, length of tangents, and the actual traverse showing error of enclosure and method of balancing with sketches showing all distances, angles and calcula- tions required to determine corners and distances of the plat, subdivision or dedication. SECTION 9. Procedure and Authority__fqr_.GXa~n.t_i_n_g~M_qdifications and Exceptions. A. Modifications or Variat~_on_s~ The following procedure shall govern for modifying or varying the regulations herein contained: Any subdivider can make application to the Planning Commission in which a request is contained for a variation or modification of any provision herein contained due to pre-existing, topographic, or other physical conditions characteristic of the land the proposed plat, subdivision, or dedication includes. Such application shall include any and all details, as the subdivider deems necessary, to support his application properly and also shall include a request for modification or variation of the provisions herein contained. The Planning Cormmission shall prepare a tentative decision on each such request for a modification or variation provided the Conmission ascertains all of the facts regarding the request, which shall include a complete engineering statement prepared by the Town Engineer in reference to the request; provided the application and request are received concur- rentlywith the proposed plat, subdivision, or dedication; and provided the hearing held thereon shall be open to the public and notice of such hearing included with the notice prescribed in Section 3.B.6. The Planning Commission, therefore, shall postpone the time of approval of the proposed plat, subdivision, or dedication, ~r not less than 15 days, nor more than 30 dayst The Planning Commission, after the public hearing, shall submit its tentative decision, together with its findings of fact in each case, to the Tovm Co~mcil for its review of the findings of fact and tentative decision. The T~n Council, within lO days after receiving the facts and tentative decision from the Commission, shall conr~l~te its review, shall concur, modif3r, or reject the tontative decision of the Planning Commission, and shall issue an order to the Commission containing the standards and requirements, which, in accordance therewith, the Planning Co~nission shall approve those portions of the proposed plat, subdivision, or dedication in accordance ~ith the standards and requirements contained in the order. The Planning Co~dssion shall, upon receiving the order from the legislative body, advise the subdivider of the final decision of the Plarn~.ing Commission, and the Commission shall not take further action on the approval of the proposed plat, subdivision, or dedication until the subdivider requests further action in accordance with the provisions of the Commission~s final decision on the subdivider's request for a variation or modification of the regu- lation herein contained. B. Exceptions: 1. After the Planning Commission receives the proposed plat, subdivis- ion, or dedication from the subdivider, it may make exceptions to the provisions contained herein by requiring any or all of the following: (a) Greater park and playground space in addition to the area included in the Official Plan. However, in no case shall such additional areas represent more than twice the amount specified in the Official Plan, except when the official zoning ordinance and map, or proposed plat, subdivision, or dedication proposes higher residential land use densities of population than twice the exist- ing densities. (b) A realignment of a community arterial or neighborhood street, as shown on the Official Plan so as to permit the developer to prepare a better arrangement of lots, residential streets and other public ways, parks, and playgrounds. (c) In cases of excessive topographical grades of 15% or more, cross-walk requirements may be omitted. -17- (d) In cases where the viewwill be deterred by poles and wires, the easement requirements for utilities may be omitted, and in lieu thereof, the utilities shall be installed in the street right of way. (e) In case of a minor street along which the average size of lots is two acres or more, and the average street frontage of said lots is 200 feet or more, the subdivider ma,y be granted permission to provide a pavement v~dth less than that required for minor streets, not including curb, provided that such pavement width shall include at least two lO-foot lanes. (f) In cases where the total of the minimum requirements for sidewalk, parking strip and pavement widths exceeds the minimum right of way requirements, minimum rights of way required shall equal the total minimum requireraents of the sidewalk, parking strip and pavement widths. (g) In cases where the lots of a subdivision face a community arterial including such public highwa~rs as are provided in Section ~.C.1. hereof, the requirements for the depth of said lots maF be increased in an amount not to exceed twice the front yard requirements for that zone of the zoning ordinance; however, in no case shall such required increase in lo~ depth exceed 20 feet. SECTXON 10. Penalties. Whenever any person or persons, firm or firms, or one or more corporations at various and successive times, or at any one time, shall Imve platted, subdivided, or divided into smaller parts, an~. parcel of land or propert?. into two or more such lots, plots, tracts, or smaller parts, the area of each of which is 5 acres or less, for purp.~oses of providing building sites, now, or at any time hence, held in one ownership, either by contract for purcha!~.e, by deed or by both, and after the tithe of the adoption of this Code, and I~qve fe. iled to comply with the provi- sions of this Code, shall be subject to a fine in any sum not to exceed One Hundred Dollars ($100,0D), for e~..ch of said lots, plots, tracts, or smaller parts, or imprisonment in the city jail for a period not to exceed 30 days, or both such fine and imprisonment, in the discretion of the Court; and whoever, being the owner or agent of the owner, of any land located within a plat or subdivision containing two or more such lots, plots, tracts, or smaller parts, transfers or sells, or agrees to sell, or option any land by reference to, or exhibition of or by any other use of a plat or map of a subdivision, before such plat or map has been s. pproved by the Town, or county authority having jurisdiction thereof, and before the same Ims been filed for record in the office of the a~ropriate county auditor, slmll forfeit and pay a penalty of One Hundred Dollars 100, O0) for each lot, or parcel so transferred, or sold, or agreed or opticned to be sold, and the description of such lot by metes and bounds in the instrument of transfer, agree- ing or optionlog, shall not exempt the transaction from such penalty, The Town of Winslovr maZ~ initiate an action to enjoin such transfer, sale, agreement, or option by nmking application for an injLmction in the Superior CoLurt| or may recover said penalty by ~. civil action in any court of competent jurisdiction, ~CTION 11. Conflict, All ordinances or parts of ordinances in conflict here~.~ith are hereby repealed, 12. Validity. Should any section, subsection, paragraph, sentence, clause, or phrase of this Code be declared unconstitutional or invalid for mkv reason, such decision shall not affect the validity of the remaining portions of this Code, ~CTION 13. Effective Date, This Code shall take effect and be in force immediately upon, and from and. after passage of Ordin~mce No, 41~