In addition to the criteria for approval applicable to an individual application, all subdivisions must meet the following general requirements in order to be approved: (Ord. 792, 7-29-2004)
A. Land Use Controls: No subdivision may be approved unless written findings of fact are made that the proposed subdivision or short subdivision is in conformity with any applicable zoning ordinance, comprehensive plan or other existing land use controls.
1. Flag (Pipestem) Lots: Generally, flag lots are discouraged. In cases where there are no alternatives, flag lots may be allowed under the following conditions:
a. The driveway portion of the lot shall be wide enough to meet city access and public safety standards;
b. The area of the driveway portion of the lot shall not be used to meet the minimum required lot size per zoning;
c. All utilities serving the flag lot shall be underground;
d. All property lines of the flag lot abutting adjoining lots shall be screened with fencing or landscaping;
e. Where multiple adjacent flag lots are proposed, shared driveways shall be required.
2. Flag Lots In The RU Zone: In addition to the provisions of subsection A1 of this section, the creation of new flag lots in the RU zone shall meet the following criteria:
a. The size and configuration of the flag lot shall meet the density and dimension standards of the zone as provided in section 13-5-1 of this code.
b. The siting and design of all buildings on the flag lot shall be subject to site plan review and approval as provided in title 15, chapter 4 of this code. (Ord. 812, 10-26-2005)
B. Dedications; Generally:
1. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. The city may require such waiver as a condition of approval.
2. Roads not dedicated to the public must be clearly marked "private" on the face of the plat.
3. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee(s) or grantee(s) for his/her/their use for the purpose intended by the donor(s) or grantor(s).
4. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual(s), religious society(ies) or to any corporation, public or private, as shown on the plat or short plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
5. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
6. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under Revised Code of Washington 82.02.050 through 82.02.090 shall be required as a condition of subdivision approval. No dedication, provision of public improvements or impact fees imposed under Revised Code of Washington 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property.
C. Dedication Of Public Park: The planning commission shall recommend naming of streets and parks within proposed subdivisions. If preliminary plats include dedication of land for public parks with areas greater than required for subdivision approval and the proponents request commemorative names, the planning commission shall consider such requests. The city council shall adopt the names as part of final plat approval.
D. Release From Damages: The city shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.
E. Flood, Inundation Or Swamp Conditions: A proposed subdivision may be disapproved because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved covering any land situated in a floodway as provided in Revised Code of Washington chapter 86.16 without the prior written approval of the state department of ecology.
F. Bonds: In lieu of the completion of the actual construction of any required improvements prior to the approval of a short or final plat, the planning commission or city council may accept a bond, approved as to form by the city attorney, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the city and expressed in the bonds. In addition, the city may require the posting of a bond securing to the city the successful operation of improvements for up to two (2) years after final approval. All bonded improvements shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements. (Ord. 792, 7-29-2004)