ORD 2011-21 RELATING TO PROCESSING LAND USE APPLICATIONSORDINANCE NO. 2011-21
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to processing of land use applications for long subdivisions to appoint the
City's Hearing Examiner as the decision-maker on preliminary long
subdivisions and amending BIMC Sections 2.14.010, 2.16.010, 2.16.1.00,
2.16.160, and adding BIMC Section 2.16.125.
WHEREAS, the City of Bainbridge Island has the authority to adopt subdivision
provisions pursuant to RCW 36.70A.390; and
WHEREAS, review of preliminary long subdivisions includes consideration of
complex land use and regulatory compliance issues related to road standards, utilities,
drainage and other state and local requirements, and the City's Hearing Examiner has a
great deal of expertise in these areas; and
WHEREAS, the City Council desires to have the Hearing Examiner serve as
decision-maker on preliminary long- subdivisions pursuant to RCW 35.63.130, RCW
35A.63.170 and RCW 58.1.7.330; and
WHEREAS, pursuant to RCW 36.70A.106, a 60-day notice was sent to the
Washington State Department of Commerce on November 8, 2011; now therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. BIMC Section 2.14.010 is hereby amended as follows:
2.14.010 CITY COUNCIL
The city council of Bainbridge Island serves as the legislative body for the municipality and the decision-
maker on some types of quasi judicial land use decisions. More specifically, city council makes final
decisions on:
a. °•-°'~•~•~^°~•~• ~^~' Final long subdivisions; and
b. Site-specific rezones; and
c. Consolidated project reviews where any element requires city council approval.
In addition, city council exercises its legislative authority regarding land use by making final decisions on:
a. Adoption or amendment of development regulations in this BIMC; and
b. Adoption of comprehensive plan amendments; and
c. Adoption of special at•ea plans; and
d. Area-wide rezones.
Section 2. BIMC Section 2.16.010 is hereby amended as follows:
2.16.01 O LAND USE PROCEDURES SUMMARY TABLE
- - -.. - .. •. - - a ®- ~..- -
•. .
DRB Planning Director Hearing City Courts
Comm. Examiner Council ~
/~ciministrative Approvals
Clearing Permit D A
Conversion Option Harvest Plan Permit D A
Minor Conditional Use (R) (R) D A
Minor Variance (R) D A
Agricultural Conditional Use D A
Large Lot Subdivisions (Prelim) D A
(Final) D A
Minor Shoreline Variance. (R) D A A[2]
(See BIMC 16.12.360)[1 ]
Public Works Administrative Decisions D A
SEPA Determinations D A
Shoreline Substantial Development Exemption (See
BIMC 16.12.360 and BIMC Table 16.12.150) D A
Shoreline Substantial Development Permit
(See BIMC16.12.360) [1] (R) D A A[2]
Short Subdivisions (Prelim) D A
(Final) D A A
Sign Permits D A
Minor Site Plan & Design Review (R) (R) D A
Major Site Plan & Design Review (any SPR in the R R D A
BSI District must be processed through a Major SPR)
All other administrative decisions: This includes agricu ltural retail plans, boundary line adjustments (See BIMC 2.16.090) ,
building and other construction permits, building admi nistrative decisions, clearing permits, BIMC interpretations, habitat
management plans (See BIMC 16.20.060), wetlands special use review (See BIMC 16.20.160.G), buffer averaging (See
BIMC 1 6.20.050.8), wetlands exemption (See BIMC 1 6.20.040.C),vegetation management permit (see BIMC 16.22.070),
extension of construction noise hours (see BIMC 1 6.16. 0.25), and any other administrativ e land use decision authorized by
this code to be made by the director.
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_ _ ~ __ _~ o-__ I
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___~_______________
Quasi-Judiciai Decisions by the Hearing Examiner
__ __
Conditional Use Permits
_.__ __
__
(R) (R) R
_-
D ~P A
•. -
DRB Planning Director Hearing City Courts
Comm. Examiner Council
- -
Variances - -
(R)
R
D/P
A
Reasonable Use Exception (R) R D /P A
(See section 16.20.080)
Shoreline Variances (R) R D /P A[3]
(See BIMC 16.12) [1]
Shoreline Conditional Use Permits [1 ] R D/P A[3]
Long Subdivisions Prelim R D A
Quasi-Judicial Decisions by City Council
Long Subdivisions }
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----------- ~
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----------- A
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(Final) R D A
Site-specific Rezones (R) R R/P D A
Consolidated Project Review
See section 2.16.170
Legislative Approvals
Adoption or Amendment of Development R/P R D (P) A
Regulations
Comprehensive Plan Amendments R/P R D (P) A
Legislative Area-wide Rezones R/P R D (P) A
Special Area Plans R/P R D (P) A
[1] City decisions on Shoreline Variances, Shoreline Substantial Development Permits, and Shoreline Conditional Use Permits
must be reviewed by the Washington Department of Ecology pursuant to WAC 173-27-130 and RCW 90.58.140(10).
The Department of Ecology may approve, approve with conditions, or deny the application.
[2] The Hearing Examiner's decision is forwarded to the Department of Ecology (DOE) for decision. The DOE decision is
then appealable to the Shoreline Hearings Board. (See BIMC 16.1 2)
[3] The Hearing Examiner's decision is forwarded to the Department of Ecology (DOE) for decision. The DOE decision is
then appealable to the Shoreline Hearings Board. (See BIMC 16.1 2)
Section 3. BIMC Section 2.16.070.E is hereby amended as follows:
L. FURTHER SUBDIVISION
Land in a short subdivision may not be further divided through a short subdivision within a
period of five years after the recording of the final short subdivision without the approval of a
long subdivision pursuant to BIMC 2.16.125 and 2.16.160. Nothing in this section shall
prevent the owner from filing an amendment within the five-year period to create up to a total
of four lots within the original short subdivision boundaries.
3
Section 4. BIMC Section 2.16..100 is hereby amended as follows:
2.16.100 QUASI-JUDICIAL REVIEW BY HEARING EXAIIIIINER -1N wENEItAL
A. PURPOSE
The purpose. of this section is to describe those general procedures that apply whenever state
law or BIMC require a public hearing before a hearing examiner and a recommendation or
decision by the hearing examiner.
B. APPLICABILITY
This section applies each time a provision of this code authorizes a recommendation or a final
decision by the hearing examiner. The specific types of applications subject to review by the
hearingexaminer are listed in the Table in section 2.16.010. The provisions of this section are
supplemented by more detailed provisions in BIMC 2.16.110, BIMC 2.16.120, BIMC
2.16.160, BIMC 16.12.380, and/or BIMC 16.20.080.
C. PROCEDURES
~I . SEPA ENVIRONMENTAL REVIEW
For a land use application subject to Chapter 43.21C RCW and BIMC 16.04, the SEPA
threshold determination shall be issued and any required public comment period sh_ all be
completed prior to a public hearing.
Z. PLANNING COMMISSION REVIEW AND RECOMMENDATION
When written public comments are received during the public comment period
concerning the effect of the land use application on the comprehensive plan, the shoreline
master program, or matters not addressed by specific provisions of this code, the director
or the hearing examiner may request planning commission review and recommendation
pursuant to the procedures in BIMC 2.14.020.G prior to the final decision.
S. SINGLE REPORT
a. The director shall prepare a single consolidated report setting forth all the
recommendations and decisions made on the application as of the date of the
report.
b. The report shall state any mitigation required or proposed under the
development regulations or as required by SEPA, Chapter 43.21C RCW, and
shall include the SEPA determination if a determination has not previously been
issued.
c. If a shoreline master program permit is required for the project pursuant to
BIMC 16.12, the report shall address the requirements of that section.
d. The director's report shall be presented to the hearing examiner at the public
hearing.
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4. PUBLIC HEARING
The hearing examiner shall hold a public hearing prior to issuing a decision. The purpose
of the public hearing is to review a proposed project for consistency with BIMC,
appropriate elements of the comprehensive plan and all other applicable law, and to
provide an opportunity for the public to comment on the project and its compliance with
the municipal code, the comprehensive plan and. all other applicable law. The hearing
examiner shall maintain a record of the exhibits presented and a recording of the
testimony and arguments presented, which shall be kept by the city clerk. Any rules of
procedure for hearings adopted by the hearing examiner shall be kept un file wilh the
office of the city clerk. A hearing may be continued to a date certain without additional
notice.
S. PARTICIPATION IN THE PUBLIC HEARING
Any person may participate in the public hearing. The hearing examiner has discretion to
limit testimony to relevant, non-repetitive comments and to set time limits.
6. HEARING EXAMINER ACTION
a. The hearing examiner may approve, approve with conditions, deny or remand an
application.
b. In making a decision, the hearing examiner shall consider the applicable decision
criteria of this code, all other applicable laws, recommendations of the planning
commission and design review board, testimony presented at the hearing, and any
necessary documents and approvals. In the case of decisions involving properties
subject to the shoreline jurisdiction of BIMC 16.12 the hearing examiner shall also
consider consistency with the requirements of the shoreline master program.
c. The hearing examiner shall issue a written decision in accordance with BIMC
2.16.020.x.7, within ~8 10 working days of the public hearing, unless a longer
period is agreed upon by the hearing examiner and the applicant or appellant. If the
hearing examiner and the applicant or appellant agree on a longer period for issuance
of the written decision, the examiner shall provide notice of the extension to the
applicant or appellant, the city, and any person who testified at the hearing or
submitted written testimony for consideration at the hearing.
d. The hearing examiner shall file the decision with the city clerk's office.
~. MOTION FOR RECONSIDERATION
A motion for reconsideration may be filed to correct substantive errors. Such motion shall
be filed in writing 10 days from the date the hearing examiner's decision was filed. The
motion shall be decided on the record unless, at the hearing examiner's discretion; fm-ther
public hearing is necessary. If a timely and appropriate request for reconsideration is
filed, the appeal period shall begin from the date the decision on the reconsideration is
issued.
$. CORRECTIONS OR CLARIFICATION
The hearing examiner at any time may amend the decision to correct clerical errors
clearly identifiable from the public record. Such correction does not affect any time limit
provided for in this chapter. The hearing examiner may clarify a statement in the written
decision as long as the clarification does not materially alter the decision.
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9. EFFECT OF DECISION
a. On matters that do not involve shoreline conditional uses or shoreline variances, the
decision of the hearing examiner is the final decision of the city, subject to the
appeal provisions in BIMC 2.16.020.P.
b. Pursuant to RCW 90.58.140(10) and WAC 173-27-130, final decisions involving
shoreline conditional use permits and shoreline variances are made by the
Washington state department of ecology. For these types of applications, the
hearing examiner's decision is a recommendation subject to approval, approval with
conditions, or denial by that department.
1 O. REVOCATION OF QUASI-JUDICIAL APPROVALS
An approval or permit granted by the hearing examiner may be revoked by the hearing
examiner following the procedures inthis section 2.16.100 upon the finding of any one or
more of the following:
a. That the approval was obtained by deception, fraud or other intentional or misleading
representation; or
b. That the use for which approval was granted has been changed; or
c. In the. case of major conditional use permits, that the use has at any time been
discontinued for a year or more; or
d. That the permit granted is being exercised contrary to the terms or conditions of such
approval or in violation of BIMC; or
e. That the use for which the appi•ovai was granted was so exercised as to be
detrimental to the public health or safety.
Section 5. A new BIMC Section 2.16.125 is hereby added as follows:
2.16.125 PRELIMINARY LONG SUBDIVISIONS
A. PURPOSE
This section provides a procedure for hearing examiner approval of preliminary long
subdivision applications in compliance with the provisions of RCW Title 58 Chapter 17 and
other applicable provisions of Washington state law.
B. APPLICABILITY
This procedure applies to all applications for preliminary long subdivisions as the term "long
subdivisions" is defined in BIMC 17.28, and that definition shall prevail over the following
summary. Long subdivisions enerally involve the division or redivision of land into more
than four lots where some of the lots are smaller than five acres in size.
6
C. PROCEDURE
Lone subdivisions shall be approved through
the quasi-judicial hearing examiner approval
procedures described in Section 2.16.100
except as described below.
a. .The provisions of this section 2.16.125
shall supplement those of sections
2.16.020. and 2.16.030 when the
application is for a long su bdivision. In
the event of a conflict between the
provisions of sections 2.16.020 or
2.16.030 and 2.16.125, the provisions of
this section shall og vern•
D. VESTING
A proposed long subdivision shall be reviewed
under all applicable city ordinances and the State
Environmental Policy Act in effect at the time of
complete application, unless a different result is
required by provisions of RCW 58.17. A later
request for additional information shall not chance
the date on which the application is considered
vested.
E. PREAPPLICATION CONFERENCE
Preliminary L.on~ Subdivision
Preapplication
Conference
Application Submittal
Project Review SEPA Review
by Staff by Staff ~-
SEPA Official's
Determination
...............
SEPA
Appeal
.............................:
Appeal to Court
=Opportunity for public
participation or comment
The applicant shall provide copies of one or more OC =Notice and 14 day
proposed or "first draft" composite site plans public comment period
prepared in accordance with flexible lot design
methodology as described in the Flexible Lot
Design Handbook for the preapplication
conference. Applicants are required to participate
in a community meetin throueh the City's .Public Participation Proeram outlined in
Resolution No. 2010-32. The meetine will be held dw•ine the preapplication conference
hase of the project.
F. OPTIONAL ADDITIONAL APPLICATION MATERIALS
In addition to the submittal requirements listed in the Administrative Manual. the applicant
may submit any additional studies, analysis or other information reeardine the cit~pen
space area requirement contained in BIMC 17.12.030.A that the applicant desires the cites
consider in connection with imposing the open space requirement on the applicant's proposed
lone subdivision. The studies, reports or other information shall indicate the basis on which
they are made, and may include a demonstration that the open space designation required
under BIMC 17.12.030.A is not reasonably necessary as a direct result of the proposed long
subdivision, and that an alternative open space designation is in an amomrt that is reasonably
necessary as a direct result of the proposed long subdivision. The city shall consider the
applicant's open space studies. analysis or other information as a part of processine and
reviewing the lone subdivision application
G. REVIEW OF PRELIMINARY LONG SUBDIVISION APPLICATION
~ . TIMELINE FOR_REVIEW
The city has 90 calendar days from the filing of a complete application in which to
approve, disapprove, or return the application to the applicant for modification. 'Phis time
period may be extended only with the~proval of the applicant. If no action can be taken
to approve or disapprove the application within the 90 calendar days the director must
notify the applicant and surveyor, if applicable, of the reasons for the delay and steams
necessary to complete the application for preliminary long subdivision.
a. REVIEW BY THE KITSAP COUNTY HEALTH DISTRICT
a. Upon receipt of the application and determination of completeness the director
shall transmit a copy of the application to the health district.
The health district shall review the application to ascertain whether (1) the proposal
conforms to current standards re ag_rdin~ domestic water supply and sewage
disposal; and (2) if the proposal is not to be served by public sewers if each lot has
sufficient area and soil, topographic and drainage characteristics to permit an on-
site sewage disposal s- sum.
c. The health district shall recommend approval, approval with conditions, or
disapproval of an application based on those criteria in subsection b in a timely
manner sufficient to allow the city to comply with the review time reduirements of
BIMC 2.16.125.G.1. If at any time durin tg_he application process it appears that the
review time cannot be met, it shall be the responsibility of the health district to
advise the director of the reasons for the delay.
3. REVIEW BY THE CITY ENGINEER
a. Upon receipt of the application and determination of completeness the director
shall transmit a copy of the application to the cif en ineer.
b. The city engineer shall provide written recommendation of approval approval with
conditions, or disapproval of the preliminarylong subdivision application based on
the decision criteria in subsection H.
4. REVIEW BY THE DIRECTOR
The director shall review the application materials and information provided by the health
district and city engineer and shall prepare a report recommending approval approval
with conditions, or disapproval of the application.
3. PUBLIC HEARING WITH HEARING EXAMINER
The hearing examiner will consider the application materials and the director's
recommendation regarding the proposed long subdivision application at a public hearing
following the procedures of BIMC 2.16.IOO.C and applicable provisions of BIMC
2.16.020.
H. DECISION CRITERIA FOR PRELIMINARY LONG SUBDIVISIONS
The hearing examiner's decision shall include findings of fact that the application meets all
the requirements of the following subsections:
1. The preliminary long subdivision made approved or approved with modification if:
a. The applicable subdivision development standards of BIMC Titles 17 and l8 are
satisfied; and
b. The preliminar~g subdivision makes appropriate provisions for the public
health, safety and Qeneral and public use and interest, including those items listed in
RCW 58.17.110; and
c. The preliminary lon~T subdivision has been prepared consistent with the
requirements of the flexible lot design process, unless a flexible lot standard has
been modified as part of a housing design demonstration project pursuant to BIMC
2.16.020.Q; and
d. Andportion of a long subdivision that contains a critical area, as defined in BIMC
16.20 conforms to all requirements of that chapter; and
e. Andportion of a long subdivision within shoreline jurisdiction, as defined in BIMC
16.12 conforms to all requirements of that chanter; and
f. The cit~gineer's recommendation contains determinations that the following
decision criteria are met and such determinations are supported by substantial
evidence within the record.
i. The long subdivision conforms to regulations concernin d~ raina~e in BIMC
15.20 and 15.21; and
ii. The long subdivision will not cause an undue burden on the drainage basin or
water quality and will not unreasonably interfere with the use and enjoyment of
properties downstream; and
iii.. The streets and pedestrian ways as proposed align with and are otherwise
coordinated with streets serving adjacent properties; and
iv. The streets and pedestrian wadproposed are adequate to accommodate
anticipated traffic; and
v. If the long subdivision will rely on public water or sewer services, there is
capacity in the water or sewer system (as applicable) to serve the long
subdivision, and the applicable service(s) can be made available at the site; and
vi. The long subdivision conforms to the "City of Bainbridge Island En ineering
Design and Development Standards Manual," unless the cit~~ineer has
approved a variation to the road standards in that document based on his or her
determination that the variation meets the purposes of Title 17.
f. The subdivision conforms to the requirements of this chapter and the standards in
the "City of Bainbridge Island Design and Construction Standards and
Specifications " unless the city engineer has approved a variation to the road
standards in that document based on his or her determination that the variation-
meets the purposes of Title. ] 7; and
g. The proposal complies with al] applicable provisions of this code, unless the
provisions have been modified as part of a housing design demonstration pf~o
pursuant to 2.16.020.Q; Chapters 58.17 and 36.70A RCW, and all other applicable
nrovisions of state and federal laws and regulations: and
The proposal is in accord with the city's comprehensive plan.
2. A proposed subdivision shall not be approved unless written findings are made that the
public use and interest will be served b~plattin~ of such subdivision.
I. CIVIL PLAN REVIEW
The applicant shall submit civil en ing Bering-,plans and
desiens to the city for review by city staff and
acceptance by the city engineers before submitting an
application for final long subdivision approval.
2. No construction on or to the site ma ty ake place until
civil en ing eering_plans have been received and
approved by the cites
3. After the preliminary long subdivision and civil
engineering plans have been approved the subdivider
is authorized to develop the subdivision's facilities
and improvements in strict accordance with the
standards established by this Title 2, related standards
in Titles 17 and 18, and any conditions imposed.
,1. PHASED DEVELOPMENT OF i.ONG SUBDIVISION
Civil Plan Review
:..............................
Submit Civil Plan
~ Review by Staff
Approval by City
Engineer
..., - !nclicates step i~
"'~" "if applicable"
Portions of an approved preliminary long subdivision
may be processed separately for recordine in phases: provided, that (al the phases were
identified in the preliminary long subdivision; and (b) recording of phases is consistent
with the conditions of preliminary approval and will meet all the requirements for final
approval if subsequent phases are not recorded.
2. Prior to the approval of a phase of a final subdivision, the city engineer or the director
may require assurance devices submitted for construction of improvements in subsequent
phases if such improvements are necessary for the phases being approved to meet
requirements of the subdivision and other applicable ordinances.
K. MODIFICATION OF PRELIMINARY LONG SUBDIVISION
An alteration of an approved preliminary lone subdivision that does not chance the
e~al plat layout, increase off site impacts of the subdivision, or modify a provision or
condition that was a matter of dispute b~~part during the preliminar~pproval
process may be made by the director after notice and opportunity to comment is provided
to the applicant and all parties of record. The director shall review and approve or
disapprove the request for modification following the process set forth in BIMC
2.16.03 0.
2. Other modifications to an approved long subdivision must be reviewed in accordance
with the process for a new subdivision application and shall be approved consistent with
the procedures and requirements of this chapter.
3. The following exemptions shall not constitute changes in the preliminar~o~
subdivision approval and do not require further review as provided for under subsections
1 or 2:
10
En ineerina detail unless the proposed detail modifies or eliminates
featw•es specifically required as an element of the preliminary long
subdivision approval. For purposes of this section, engineering detail shall
mean minor char eg s to proposed road or lot rg aging or drainage deli ng that
does not significantly affect the location of those facilities, and minor
changes to locates of utilitypipes, swales, or wires that do not signifcantly
affect their visibility from adjacent roads or properties; and similar minor
changes.
b. Minor changes in lot lines or lot dimensions; or
c. Minor alterations re ag ~'ding_homesite location and/or open space usage.
Section 6. BIMC Section 2.16.160 is hereby amended as follows:
2.16.160 FINAL LONG SUBDIVISIONS
A. PURPOSE
This section provides a procedure for city council approval of final long subdivision
applications in compliance with the provisions of RCW Title 58, Chapter 17, and other
applicable provisions of Washington state law.
B. APPLICABILITY
This procedure app]ies to all applications for final long subdivisions, as ihatthe term "long
subdivisions" is defined in BIMC 17.28, and that definition shall prevail over the following
summary. Long subdivisions generally involve the division or redivision of land into more
than four lots, where some of the lots are smaller than five acres in size.
C. PROCEDURE
Final Tong subdivisions shall be approved tlu-ough the quasi judicial city council
approval procedures described in Section 2.16.130 except as described below.
2. The provisions of this section 2.16.160 shall supplement those of sections 2.16.020 and
2.16.030 when the application is for a final long. subdivision. In the event of a conflict
between the provisions of sections 2.16.020 or 2.16.030 and 2.16.160, the provisions of
this section shall govern.
D. VESTING
A proposed final long subdivision shall be reviewed under all applicable city ordinances and
the State Environmental Policy Act in effect at the time of complete application, unless a
different result is required by provisions of RCW 58.17. A later request for additional
information shall not change the date on which the application is considered vested.
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~E.TIMELINE FOR REVIEW OF FINAL PLAT
A final long subdivision shall be approved, disapproved or Final Plat Submittal
returned to the applicant within 30 working days from the date of
a complete application, unless the applicant provides written
consent to an extension of such time period. Review by Staff
~F. SUBMITTAL OF FINAL PLAT
Recommendation by
A final plat shall be submitted containing all of the submittal Director
requirements listed in the Administrative Manual
A4G. REVIEW OF FINAL LONG SUBDIVISION
1. The city engineer shall review the final subdivision to \\\\\\\\\\\ .•7(~)y) ~(j},(~JYUI \\\\\\\\\\\
determine compliance with the requirements of RCW \\..\..\\...\\\\..\\\\.••\~,.•\\\\\.\\\\\~.
58.17.160 and forward recommendations for approval or
disapproval to the department. ••••••••••••••~•••••••••••••-
Appeal to Court
2. The health district, when appropriate, shall review the final
subdivision and forward recommendations for approval or """""""" """""'
disapproval to the department. ,,,,,,,,,,,,,, ~,•••„••,•...,~
3. The director shall forward its recommendation for approval ~ Acceptance of Dedication
or disapproval to the city council, evaluating compliance by City Council
with any conditions imposed on the preliminary subdivision
and other applicable ordinances.
4. 1n accordance with RCW 58.17.140, final subdivisions shall Record Plat
be approved, disapproved or returned to the applicant within
30 days from the date of filing of a complete application, "':- Indicates step is
unless the applicant consents to an extension of the time "•'••' °°if applicable"
period. The director and the city engineer shall have
authority to return the application for con•ection or
modification with a request for additional information before city council review, and
city council shall have authority to return the application for col•rection o,• modification
with a request for additional information during its review.
~H. CITY COUNCIL REVIEW AND APPROVAL OF FINAL SONG SUBDIVISION
1. The city council shall approve the final long subdivision if it determines:
a. That the conditions imposed through the preliminary subdivision have been
met; and
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b. Bonds or other assurance devices, if any, by their essential terms assure
completion of all plat improvements; and
c. The requirements of state law, BIMC, the comprehensive plan, and any
other applicable ordinances in effect at the time of preliminary plat approval
have been satisfied by the subdivider.
2. The city council can approve the final subdivision with minor modifications
recommended by the department and the applicant.
3. If the city council approves the final subdivision, the council chair shall sign the face of
the final plat to indicate the council's approval; provided, that upon approval of the final
plat the city council may direct and authorize the mayor or another council member to
sign the face of the final plat to indicate the council's approval.
4. If an applicant voluntarily sets aside more than 25 percent of the site as designated open
space, that fact will be noted on the plat.
5. The original mylar of the final subdivision shall be recorded with the county auditor, and
one copy with the auditor's recording number shall be filed with the city.
~I. MODIFICATION OF PRELIMINARY LONG SUBDIVISION BEFORE FILING
An alteration of an approved preliminary long subdivision that does not change the
general plat layout, increase off=site impacts of the subdivision, or modify a provision or
condition that was a matter of dispute by any party during the preliminary approval
process may be made by the director after notice and opportunity to comment is provided
to the applicant and all parties of record. The director shall review and approve or
disapprove the request for modification following the process set forth in BIMC
2.16.030.
2. Other modifications to an approved long subdivision must be reviewed in accordance
with the process for a new subdivision application and shall be approved consistent with
the procedures and requirements of this chapter.
3. The following exemptions shall not constitute changes in the preliminary long
subdivision approval and do not require further review as provided for under subsections
1 or 2:
a. Engineering detail, unless the proposed detail modifies or eliminates
features specifically required as an element of the preliminary long
subdivision approval. For purposes of this section, engineering detail shall
mean minor changes to proposed road or lot grading or drainage design that
does not significantly affect the location of those facilities, and minor
changes to locates of utility pipes, swales, or -wires that do not significantly
affect their visibility from adjacent roads or properties; and similar minor
changes.
b. Minor changes in lot lines or lot dimensions; or
c. Minor alterations regarding homesite location and/or open space usage.
RJ. REQUIREMENT FOR FILING PLAT
Approved long subdivisions shall be subject to the same requirements for filing plats that
apply to short subdivisions as described in 2.16.070.x.
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~K. AMENDMENT OF DISAPPROVED APPLICATION
When an application for approval of a final long subdivision is disapproved, an applicant shall
have ] 80 working days following the decision in which to file an amended application to
remedy the matters that led to the disapproval. Upon receipt of such an amended application,
the application shall be reviewed as set forth in this section 2.16.160. If an applicant files no
such amended application within the period allowed, the application shall be considered
denied.
~L.ASSURANCE OF IMPROVEMENTS
Approved final long subdivisions shall be subject to the same provisions regarding assurance
of improvements that are applicable to short subdivisions as described in section 2.16.070.N.
SM. AMENDMENT TO APPROVED LONG SUBDIVISION
1. Proposals for alteration of a subdivision shall follow the provisions of RCW 58.17.215.
Alterations of a subdivision are also subject to the provisions of RCW 64.04.175, except
as described in subsection 2.
2. The contents and procedures for minor alterations of open space and/or open space usage
in an approved final long subdivision shall be administratively reviewed consistent with
the procedures and requirements of BIMC 2.16.030.
~N. EXPIRATION OF FINAL LONG SUBDIVISION
Any lot in a final long subdivision plat filed for record shall be a valid land use for a period of
five years from the date of filing the final subdivision, notwithstanding any change in zoning
laws. Any lot in a final plat shall be governed by the terms of approval of the final long
subdivision at the time of vested application, unless a change in conditions creates a serious
threat to the publichealth or safety.
Section 7. This ordinance shall take effect and be in force January 1, 2012 and after its
passage, approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 14`" day of December, 2011.
APPROVED BY THE MAYOR this 14`x' day of December, 2011.
Kirsten Hytopoulos, Mayor
ATTEST/AUTHENTICATE:
. -i~®
Rosalind D. Lassoff, City Jerk
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FILED WITH THE CITY CLERK: December 2, 2011
PASSED BY THE CITY COUNCIL: December 14, 2011
PUBLISHED: December 16, 2011
EFFECTIVE DATE: January 1, 2012
ORDINANCE NUMBER: 2011-21
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