Final 2024 0819 Special Meeting Packet Moses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Monday, August 19, 2024
Moses Lake Civic Center – 401 S. Balsam
Joint Meeting with Planning Commission
Special Meeting Agenda
Call to Order – 5:30 p.m.
Development Code Update Study Session
Attached draft dated August 6: 15.300 Land Division – binding sight plans
Adjournment
Next UDC Workshop is scheduled for Thursday, August 22, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Part 15.300 LAND DIVISION
Chapter 15.305 GENERAL PROVISIONS
Chapter 15.310 SUBDIVISIONS
Chapter 15.315 BOUNDARY LINE ADJUSTMENT
Chapter 15.320 BINDING SITE PLAN
Chapter 15.325 IMPROVEMENTS
Chapter 15.330 OPEN AND RECREATION SPACE
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Chapter 15.305
GENERAL PROVISIONS
Sections:
15.305.010 Purpose.
15.305.020 Lot of Record Determination.
15.305.030 Land Division Categories.
15.305.040 Exemptions.
15.305.050 Water Rights.
15.305.010 Purpose. Regulations related to the municipal approval or disapproval of land divisions or
dedications are established by this Part. The Director is designated and assigned the
administrative and coordinating responsibilities contained in this Part, pursuant to the laws
of the State as amended. Subdivision is a mechanism by which to divide land into lots, parcels,
sites, units, plots, condominiums, tracts, or interests for the purpose of sale. The purpose of
this Part is to:
A. Establish the authority and procedures for segregating land in the City of Moses Lake.
B. Define and regulate divisions of land that are exempt from the short subdivision or
subdivision requirements.
C. Ensure consistency with and implement the Moses Lake Comprehensive Plan as amended
in accordance with the Washington State Growth Management Act, Chapter 36.70A RCW.
D. Require uniform monumenting of land subdivisions and conveyance by accurate legal
description.
E. Protect and preserve the public health, safety, and general welfare in accordance with
the standards established by the City and the State of Washington.
F. Ensure consistency with Chapter 58.17 RCW.
15.305.020 Lot of Record Determination. A lot of record determination is a Type I process. No
development is allowed outside of a lot of record.
A. Determination. An Applicant may request that the Director determine whether a lot was
created consistent with applicable state and local law. The Applicant shall demonstrate
to the satisfaction of the Director that a lot was created in compliance with applicable
state and local land segregation statutes or codes in effect at the time the lot was created
and may be required to submit a title report including chain of title evidence. Once the
Director has determined that the lot is a lot of record, the Department shall continue to
acknowledge the lot as such.
B. Lot of Record. “Lot of record” means any lot, tract, or parcel that meets one of the
following criteria:
1. A tax parcel that existed as of October 19, 1976; except for those tax parcels which
are identified as being created for tax purposes such as senior exemptions, mortgage
segregations, and partial interests;
2. A lot created by a major subdivision, short subdivision, or binding site plan;
3. A lot which has been amended but not eliminated via a recorded boundary line
adjustment application approved by the City of Moses Lake;
4. A lot or parcel created by intervening ownership, i.e., public right-of-way or Moses
Lake water body;
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5. An exempt lot or parcel established in conformance with the requirements of RCW
58.17.040, and the rules and regulations in place at the time of creation. In general,
these provisions include: divisions of land by testamentary provisions or the laws of
descent; cemetery or burial plot while used for that purpose; exempt parcel transfers;
and exempt divisions for electric utility facilities when used as such;
6. An improved parcel that has previously transferred ownership prior to October 19,
1976;
7. A lot created by court order; or
8. A tax parcel may contain multiple lots of record if any of the following provisions
apply:
a. The tax parcel contains multiple tax parcels identified under subsection A of this
section;
b. Lots of record combined by the Grant County assessor’s office under one tax
parcel number are considered separate lots of record;
c. The tax parcel contains lots that were created in conformance with the provisions
of Code and platting regulations in effect on October 20, 1976, or as amended
thereafter;
d. The tax parcel contains multiple platted lots;
e. The tax parcel contains portions of platted lots, as shown on the last recorded
deed prior to October 20, 1976;
f. That the last recorded deed or deeds, filed prior to October 20, 1976, each
describe separate portions of the tax parcel; or
g. The legal description contains noncontiguous parcels.
C. Building Site. A determination of a lot of record shall not be construed as a guarantee
that the lot constitutes a building site as defined by the MLUDC.
15.305.030 Land Division Categories.
A. Short Subdivision. A subdivision of nine or fewer lots. See MLUDC Chapter 15.310.
B. Major Subdivision. A subdivision of ten or more lots. See MLUDC Chapter 15.310.
C. Boundary Line Adjustment. A minor reorientation of a lot line between existing lots to
correct an encroachment by a structure or improvement to more logically follow
topography or other natural features, or for other good cause, which results in no more
lots than existed before the boundary line adjustment. A boundary line adjustment may
also include an extinguishment of an existing lot line resulting in the merger of two (2) or
more lots into a single lot of record. See MLUDC Chapter 15.315.
D. Binding Site Plan. A land division for commercial, industrial, and condominium
ownership. See MLUDC Chapter 15.320.
15.305.040 Exemptions. This Part shall not apply to the divisions listed in RCW 58.17.040, except
boundary line adjustments shall be approved in accordance with MLUDC Chapter 15.315. The
exemptions provided herein shall not be construed as exemptions from compliance with all
other applicable standards required by the City and State.
15.305.050 Water Rights. As a condition for the approval of the division of real property under MLUDC
Chapters 15.310 or 15.320 utilizing City provided water for residential consumption,
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irrigation, fire suppression, or commercial application, the Applicant shall pay to the City a
water rights acquisition fee as established by City Council resolution.
A. Exemptions. The following sources and applications are exempt:
1. Irrigation water used from a perfected water right from a City approved irrigation-
water-service provider.
2. City-provided water that is used for industrial-use applications.
3. Water obtained from an approved existing Group A water provider.
The water right requirements shall be reduced to an amount equal to the amount of
exempted water usage.
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Chapter 15.310
SUBDIVISIONS
Sections:
15.310.010 Preliminary Subdivision Application
15.310.020 Preliminary Subdivision Approval Process.
15.310.030 Preliminary Subdivision Approval Criteria.
15.310.040 Term of Preliminary Subdivision Approval – Extensions.
15.310.050 Alteration of Preliminary Subdivision.
15.310.060 Final Subdivision Application.
15.310.070 Final Subdivision Approval Process.
15.310.080 Subdivision Design and Development Standards.
15.310.090 Phasing of Subdivision.
15.310.100 Subdivision and Block Structure Standards.
15.310.110 Flag Lots.
15.310.120 Cluster Subdivisions.
15.310.130 Lot Size Averaging.
15.310.140 Surety In Lieu of Construction.
15.310.150 Final Short Subdivision – Prohibition on Further Division.
15.310.160 Vacation or Alteration of Approved Subdivision.
15.310.010 Preliminary Subdivision Application. Applications for a preliminary short or major subdivision
shall contain the following:
A. A completed application form signed by the property owners or authorized
representative of all parcels in the subdivision.
B. Application Fee in accordance with the Adopted Fee Schedule.
C. Environmental Checklist, if applicable.
D. A completed critical area information form or critical area report, if applicable.
E. A title report dated not later than thirty (30) days prior to the date of the application
showing the name of anyone with an interest in all parcels in the preliminary subdivision.
F. Preliminary subdivision plat drawing prepared by a licensed land surveyor meeting the
Department standards and including the following elements:
1. The name of the proposed preliminary subdivision; the legal description of the
property for which subdivision approval is sought; the date on which the plans were
prepared; the graphic scale and north point of the plan.
2. All existing and proposed easements and public or private roads, including adjacent
streets; all existing structures; elevations shown by contour lines at intervals of five
feet or less for ground slopes exceeding three percent; approximate location of all
natural features including but not limited to critical areas.
3. The location and dimensions of all existing and proposed USBR irrigation water rights-
of-way on and adjacent to the proposed subdivision.
4. The location, description, and proposed phasing of all facilities proposed to serve the
development:
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a. Interior and exterior roadway network;
b. Water and sewerage facilities;
c. Stormwater drainage facilities;
d. Sidewalks and streetlights;
e. Open/recreational space plan;
f. Fire protection devices with sufficient water storage and flows;
g. Landscaping plan including buffers where required by MLUDC Chapter 15.720;
h. Irrigation water rights of way required by state law; and
i. Location of any proposed building envelopes on the lots smaller than four
thousand (4,000) square feet being created.
G. Preliminary engineering plans meeting Public Works Department standards including, but
not limited to, water, sewer, streetlights, roads, stormwater facilities, and sidewalks, and
a schedule of construction and proposed phasing of improvements if the Applicant
intends to develop the subdivision in phases.
H. Concurrency certificate.
I. Any other information in the opinion of the Director which is necessary to determine if
the proposed major subdivision makes appropriate provisions for physical problems or
hazards involving public health, safety, or welfare.
15.310.020 Preliminary Subdivision Approval Process.
A. Short Subdivisions.
1. Upon receiving a complete application for a preliminary short subdivision approval,
the Director shall transmit a copy of the preliminary short subdivision, together with
copies of any accompanying documents as the Director deems appropriate, to other
appropriate City Departments, as well as any interested outside agencies, to
determine the project’s conformance with City policies, codes, and development
standards.
2. If the short subdivision is not exempt, the City’s SEPA and critical areas review shall
generally occur concurrently with departmental review of the preliminary short
subdivision, unless circumstances warrant other procedures.
3. The Director shall approve, approve with conditions, or deny an application for a
preliminary short subdivision by means of a Type II decision, pursuant to MLUDC
15.205.050, using approval criteria contained in MLUDC 15.310.030.
B. Major Subdivisions.
1. Upon receiving a complete application for preliminary major subdivision approval,
the Director shall transmit a copy of the preliminary major subdivision, together with
copies of any accompanying documents as the Director deems appropriate, to other
appropriate City Departments, as well as any interested outside agencies, to
determine the project’s conformance with City policies, codes, and development
standards. The Director shall prepare a staff report with the recommendations of
reviewing departments and outside agencies and supporting materials for review by
the Hearing Examiner.
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2. The City’s SEPA and critical areas review shall generally occur concurrently with
departmental review of the preliminary major subdivision, unless circumstances
warrant other procedures.
3. The Hearings Examiner shall approve, approve with conditions, or deny an application
for a preliminary major subdivision by means of a Type III decision, pursuant to
MLUDC 15.205.060, using approval criteria contained in MLUDC 15.310.030.
C. Timing. The application for a preliminary subdivision shall be approved, disapproved, or
returned to the Applicant for modification or correction within ninety (90) days of the
date of filing of a complete application, or within ninety (90) days after the issuance of a
final environmental impact statement, if required, whichever is later, unless the Applicant
consents to an extension of such time period in accordance with RCW 58.17.140.
15.310.030 Preliminary Subdivision Approval Criteria. The decision maker shall consider the application
materials, the recommendations of reviewing departments and outside agencies, and any
comments submitted upon the proposal, and determine whether the proposal meets the
following standards:
A. Consistent with the comprehensive plan and compliant with the municipal code, including
but not limited to the standards contained in this Chapter;
B. Includes appropriate provisions for the public health, safety and general welfare; open
space; stormwater; streets or roads, curbs, gutters; alleys; sidewalks and trails; transit
stops; irrigation water rights-of-ways; and other public ways; potable water supplies; fire
protection; and sanitary and solid waste disposal and as otherwise set forth in RCW
58.17.110, Community Street and Utility Standards, MLUDC Chapter 15.32, and other
codes and regulations that are applicable; and
C. Provides required mitigation measures imposed as a part of the SEPA review and critical
areas review.
15.310.040 Term of Preliminary Subdivision Approval – Extensions.
A. Term of Preliminary Subdivision Approval. Approval of a preliminary short subdivision or
major subdivision shall be valid for the period set forth in RCW 58.17.140, subject to
verification of utility availability, during which time an application for final plat meeting
all the requirements of this chapter and all conditions of preliminary subdivision approval
shall be made; provided, that extensions of preliminary short subdivision or subdivision
plat approval may be granted in accordance with the procedures and criteria set forth in
subsection D of this section.
B. Extension of Preliminary Subdivision Approval Term. Extension requests shall be
reviewed in accordance with the following criteria:
1. An initial one-year extension request, which has been filed at least thirty (30) days
prior to the expiration date, shall be reviewed by the Director by means of a Type I
decision, pursuant to MLUDC 15.205.040, upon showing that the Applicant has
attempted in good faith to meet the conditions for the final plat within the term of
the preliminary subdivision approval.
2. Two (2) additional one-year extension requests may be granted by the Director by
means of a Type II decision, pursuant to MLUDC 15.205.050, provided the Applicant
demonstrates compliance with all of the following criteria:
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a. The Applicant has pursued compliance with all conditions of preliminary
subdivision approval and submitting the final plat in good faith; and
b. There have been no changes to the comprehensive plan, MLUDC, development
standards, or other applicable codes that are inconsistent with the approved
preliminary subdivision.
15.310.050 Alteration of Preliminary Subdivision.
A. Application. The Director may approve minor changes to an approved unexpired
preliminary subdivision, or its conditions of approval, upon written request of the
Applicant, subject to the Type I review process, with exceptions as provided herein.
B. Decision Criteria. The proposed changes shall not conflict with the preliminary approval
conditions, will not increase the number of lots, will not remove or add a street, and will
not conflict with any applicable provision of the MLUDC or the Community Street and
Utility Standards. If the proposal involves additional lots, rearrangements of lots or roads,
additional impacts to surrounding property, or other major changes, the proposal shall
be reviewed in the same manner as a new preliminary subdivision application.
15.310.060 Final Subdivision Application. Applications for a final short or major subdivision shall contain
the following:
A. Application Form. A completed application form signed by the property owners or
authorized representative of all parcels in the subdivision.
B. Application Fee. In accordance with the Adopted Fee Schedule.
C. Final Plat Map. Copies of the final subdivision plat map prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, and showing
the same information as required under MLUDC 15.310.040, modified to include:
1. All changes made pursuant to the conditions of the preliminary subdivision review
and approval;
2. A certificate from the County Treasurer indicating that all taxes on the property
included in the final subdivision or dedication have been paid;
3. A certificate from the City Finance Director indicating that all assessments on the
property included in the final subdivision or dedication have been paid;
4. Signature blocks for approval by the Director, City Engineer, the City Manager, and
irrigation district representative, where applicable, and date thereof, when the
development complies with all conditions; and
5. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of
the approval of the final subdivision plat and the dedication of streets and other
public places.
D. Surveyor’s Declaration. A declaration by a licensed land surveyor shall be placed on the
above final subdivision plat map and shall certify that the subdivision plat map as shown
on the maps is based on an actual field survey of the land described and that all corners
and dimensions are correctly shown and that said record survey is staked on the ground
as indicated hereon.
E. Title Report. If the final subdivision application is not submitted for review within one
hundred twenty (120) calendar days of the approval of the preliminary subdivision
application, the Applicant shall provide a new title report, dated not later than thirty (30)
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days prior to the date of the application, showing the name of anyone with an interest in
all parcels in the final subdivision.
F. Uninstalled Improvements. If required improvements have not been completed, security
shall be provided as per MLUDC 15.310.140, and such condition shall be stated on the
final subdivision plat map.
Upon approval of the final subdivision, the Department shall record the final subdivision plat
with the Grant County Auditor’s Office. All fees for such recording shall be paid by the
Applicant.
15.310.070 Final Subdivision Approval Process.
A. Department/Agency Comment. Upon receiving a complete application for a final
subdivision approval, the Director shall transmit a copy, together with copies of any
accompanying documents as the Director deems appropriate, to other appropriate City
Departments, as well as any interested outside agencies, to determine the final
subdivision’s conformance with the preliminary subdivision approval and City policies,
codes, and development standards.
B. Decision Type. The Director shall review an application for a final plat by means of a Type
I decision, pursuant to MLUDC 15.205.040. Final subdivision approval conditions shall not
modify the terms of preliminary subdivision approval conditions without the written
consent from the Applicant.
C. Decision Criteria. The Director shall consider the application materials, the
recommendations of reviewing departments and outside agencies, and determine
whether the final subdivision meets the following standards:
1. Conforms to all of the preliminary subdivision terms and conditions of approval;
2. Appropriate provisions are made for the public health, safety and general welfare;
open space; stormwater; streets or roads, curbs, gutters; alleys; sidewalks and trails;
transit stops; irrigation water rights-of-ways; and other public ways; potable water
supplies; fire protection; and sanitary and solid waste disposal and as otherwise set
forth in RCW 58.17.110, Community Street and Utility Standards, MLUDC Chapter
15.32, and other codes and regulations that are applicable;
3. The public use and interest will be served by the approval of such subdivision and
dedication; and
4. Meets all other applicable final major subdivision requirements as set forth in Chapter
58.17 RCW, other applicable state laws, this Chapter, the MLUDC, and any other
applicable City ordinances which were in effect at the time of preliminary major
subdivision approval.
D. Timing. The application for a final subdivision shall be approved, disapproved, or returned
to the Applicant for modification or correction within thirty (30) days of the date of filing
of a complete application unless the Applicant consents to an extension of such time
period in accordance with RCW 58.17.140.
15.310.080 Subdivision Design and Development Standards.
A. Monuments. Installation of reinforcing rods with land surveyor license identification at
the corners of all lots, plots, or tracts in accordance with Washington State law. This item
is required for plat recording and cannot be bonded under MLUDC 15.310.140.
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B. Streets. The subdivision shall provide for adequate streets, curbs, gutters, and sidewalks
meeting the requirements of MLUDC Chapter 15.325 and the Community Street and
Utility Standards.
C. Landscaping. All subdivisions shall meet the requirements set forth in MLUDC Chapter
15.720.
D. Parking. The subdivisions shall provide for parking in compliance with the requirements
set forth in MLUDC Chapter 15.715.
E. Fire Protection. Hydrants shall be installed as required by the City Fire Chief. Water
pressure and flow shall be adequate to provide for fire protection to all areas of the site.
F. Pipe Utilities. Provision shall be made for adequate stormwater facilities, sanitary sewer
improvements, water improvements, and associated easements. Easements and cross-
easements for utilities shall be provided as necessary. Provision for utility line extension
beyond the boundary of the project may be required, along with any necessary
easements for maintenance, or dedications. All public improvements shall meet the
requirements set forth in MLUDC Chapter 15.325.
G. Wire Utilities. All projects shall have all power lines, telephone wires, television cables,
fire alarm systems, and other communication wires, cables, or lines placed underground.
All such underground installations or systems shall be approved by the appropriate utility
company. If the appropriate utility company determines that an underground system, as
required above, cannot reasonably be installed according to accepted engineering
practices, this requirement may be waived upon receipt of a written notice from such
utility to the Director. Utility easements shall be provided within a proposed subdivision
and shall be approved by the appropriate utility company before final acceptance of the
subdivision and shall be shown in their exact location on the final drawing of such
subdivision. All public improvements shall meet the requirements set forth in MLUDC
Chapter 15.325.
H. Subdivision Fencing. The Applicant shall record a covenant with the final plat designating
a uniform standard for fencing along the outer boundary of the subdivision. The
subdivision fence standard shall comply with the standards set forth in MLUDC Chapter
15.725.
15.310.090 Phasing of Subdivision. A major subdivision may be developed and recorded as final in
phases. Short subdivisions shall not be phased. Any phasing proposal shall be submitted with
the preliminary subdivision application. Approval of the phasing plan shall be based on making
the following findings:
A. The phasing plan includes all land contained within the preliminary major subdivision,
including areas where off-site improvements are being made;
B. The sequence and timing of development is identified on a phasing map;
C. Each phase shall consist of a contiguous group of lots that meets all pertinent
development standards on its own. The phase cannot rely on future phases for meeting
any City codes;
D. Each phase provides adequate circulation and utilities;
E. Specific public improvements that are necessary for the entire development may be
required to be completed with the first phase, regardless of phase design or completion
schedule of future phases, such as, but not limited to, stormwater facilities and parks
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which may be designed to be located in a subsequent phase but that are necessary to be
developed in the first phase in order to ensure the facility essential to all of the major
subdivision is developed even if subsequent phases are never completed; and
F. Any approved phase of a preliminary major subdivision that has not been completed and
recorded as final by the City prior to the lapse of the preliminary major subdivision
approval as set forth in the effective period set forth in RCW 58.17.140 will be deemed to
have lapsed with that preliminary major subdivision.
15.310.100 Subdivision and Block Structure Standards.
A. Connectivity.
1. Connectivity to Abutting Lands. The street system of proposed subdivisions shall be
designed to connect with existing, proposed, and planned streets outside of the
subdivision. Wherever a proposed development abuts unplatted land or other land
with the capability of being further subdivided, street stubs shall be provided to allow
access to future abutting subdivisions and to logically extend the street system into
the surrounding area. All street stubs shall be provided with a temporary turnaround
unless specifically exempted by the Fire Marshal, and the restoration and extension
of the street shall be the responsibility of any future developer of the abutting land.
2. Continuation of Streets. Planned streets shall connect with surrounding streets to
permit the convenient movement of traffic between residential neighborhoods and
to facilitate emergency access and evacuation.
B. Street Access. Every lot shall be provided with satisfactory access to a public street. Lot
and Blocks shall not cause land locked property (except unbuildable tracts – such tracts
shall state the form and function and shall be clearly annotated to remain in perpetuity
the function of the tract and not for the purpose of development).
C. Lot Line Angles. Side lot lines shall be straight lines running within 20 degrees of
perpendicular to the road upon which the lots front. Side lot lines on curved roads should
run at or near radially to the curve. Lot lines that are common between two (2) lots shall
be composed of straight line segments except irregular lot (irregular lot standards). A
narrower lot width or irregular lot line may be permitted; and the Applicant shall submit
a building envelope for each irregular lot demonstrating area to accommodate a
residential unit.
D. Shoreline Master Plan. When a subdivision is within two hundred (200) feet of the
ordinary high water mark, the subdivision shall comply with the City of Moses Lake
Shoreline Master Program.
E. Block Design.
1. Residential. Residential blocks shall be designed to provide pedestrian and vehicular
connections at intervals no greater than six hundred sixty (660) feet. Blocks shall have
sufficient width to provide for two (2) tiers of lots, except on primary and secondary
streets that have restricted or limited access.
2. Commercial. Commercial blocks shall have connections no greater than one thousand
three hundred (1,300) feet.
3. Industrial. Industrial blocks shall have connections no greater than one thousand
three hundred (1,300) feet.
4. Alleys.
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a. Alley access may be allowed where street access is established. At no time shall
an alley replace a street.
b. Dead-end alleys and alleys with sharp changes in direction are prohibited.
c. Alleys provided at the rear of lots shall have a minimum width of twenty (20) feet,
shall be paved, make necessary stormwater improvements, and shall comply with
the Community Street and Utilities Standards.
5. Private Drives or Access.
a. Up to four (4) residential lots may be served by a private driveway. Easements
shall be created with maintenance agreements for each lot.
b. When serving more than one (1) residential lot, the minimum and maximum
driveway widths for single-dwelling unit houses facing a public street as measured
at the property or right-of-way line shall be developed in accordance with the
Community Street and Utility Standards. Dwellings adjacent to a street are
subject to applicable driveway and garage standards for single-dwelling unit.
c. Parking and garages for individual dwellings shall be configured separately on
each lot or dwelling site (attached or detached) or clustered in shared parking
areas.
d. Garages (individual or shared) shall not be sited adjacent to common open
spaces.
e. Shared driveways shall be paved and include easements in accordance with the
Community Street and Utility Standards.
f. Where parking areas are clustered in shared arrangements, such parking areas
and access lanes are subject to citywide fire-safety and emergency access
standards.
15.310.110 Flag Lots. Flag lots may be approved in residential zones where one (1) or two (2) lots would
otherwise be inaccessible to a dedicated street because of prior subdivision of land, property
segregation, or difficult terrain. The Director shall determine whether or not such a situation
exists for a proposed subdivision and the following shall apply:
A. The buildable portion of the flag lot shall not be set further than one (1) lot back from a
dedicated street.
B. The flagpole portion of a flag lot shall be twenty feet (20') wide or greater.
C. Flag lots shall have a minimum frontage on a dedicated right-of-way of twenty feet (20').
D. The flag pole portion of the lot shall not be considered in determining lot area, width, or
depth.
E. Shared private driveways shall be maintained and clear of obstruction to allow for access
by emergency vehicles.
15.310.120 Cluster Subdivisions.
A. Purpose. The purpose of this section is to provide for an innovative land division
technique that allows development to occupy that portion of a project site that is most
conducive to development while providing the opportunity to protect critical areas
consistent with the provisions of the Growth Management Act and the goals and policies
of the comprehensive plan.
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B. Process.
1. Cluster divisions are processed as either a major or a short subdivision in accordance
with the established procedures for those land divisions under Chapter 58.17 RCW
and in conformance with the applicable standards of the MLUDC.
2. Cluster divisions create two (2) types of lots:
a. Individual lots that meet minimum dimensional standards; and
b. The reserve lot that is the portion of a proposed cluster division that is for critical
area. The reserve lot is included as a lot for the purpose of determining the
applicable land division process in accordance with Chapter 58.17 RCW and the
MLUDC.
3. Lands previously involved in a clustering are not eligible to be included in a cluster
division.
C. Where Permitted. Cluster divisions are allowed in residential zoned district; except, that
clustering shall be prohibited within Airport Protection Zones 1—3 and 5 of the National
Transportation Safety Board (NTSB) when underlying a Federal Aviation Parts 77
Transitional and Horizontal Surfaces of an Airport Overlay.
D. Density. The maximum density permitted for cluster divisions is the same as specified for
the zoning district. Cluster divisions shall not transfer density/clustered residential lots
from another property nor another zoning district. Density is calculated for all of the
original parcel(s) of record, with calculations listed individually for the area within each
zoning district that falls within the development boundaries. Traditional mathematical
conventions for rounding shall be used for determining allowed densities and numbers of
lots. Calculations ending in decimal numbers .50 and greater shall be rounded to the next
higher whole number. Calculations ending in decimal numbers less than .50 shall be
rounded to the next lower whole number.
E. Lot Size.
1. Individual lots must identify an adequate building envelope that accommodates
minimum setback requirements of the zoning district.
2. Reserve lots shall remain at least equal in size to the critical area and its associated
buffer.
F. Development Standards.
1. Lot Configuration.
a. The individual lots shall be arranged in a clustered/ concentrated pattern to be
compatible with physical site features. The arrangement of individual lots is
intended to discourage development forms commonly known as linear, straight-
line or highway strip patterns.
b. Clustered lots may be located in different areas of the original parcel provided
the number of lots in each cluster is four or more and all other criteria within this
section are met.
2. Street Access. Individual lots should be created in close proximity to existing streets
to minimize the need for construction of new streets.
3. Reserve Lots.
a. The reserve lot shall be contiguous. Fragmentation of the lot by streets,
easements, or building sites or lots shall not occur unless no other reasonable
alternative exists.
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b. The reserve lot shall be owned by a homeowner’s association, divided interest of
the lots of the subdivision, or land trust (conservation district).
c. A note shall be placed on the plat and a restrictive covenant shall be recorded
that clearly states that the reserve lot will only be used for the protection of
critical areas and no development shall be allowed.
d. Structures or buildings shall not be allowed within reserve lots.
3. Infrastructure. All development facilities and infrastructure required pursuant to the
MLUDC or other City requirements shall be located within the interior boundaries of
the lots or as otherwise allowed by this section.
15.310.130 Lot Size Averaging. In approved subdivisions within the R-1, R-2, and R-3 zoning designations,
the individual lots shall be considered in compliance with the minimum site area requirements
if the average of all of the lots within the proposed application are equal to or above the
established minimum of the underlying zoning district. In addition, the following conditions
must also be met:
A. Maximum Reduction. No individual lot shall be reduced by more than twenty percent
(20%) from the minimum required lot size.
B. Maximum Increase. No more than a forty percent (40%) increase over the minimum lot
area for any individual lot shall be approved when the provisions of this section for lot
size averaging are used, except where any such lot, due to unique topography, or
geological or other physical features, would either be impractical or noncompliant with
the minimum lot dimensions, such lot or lots may vary by up to ten percent (10%) from
the required frontage, width, and depth requirements as based upon any relevant
information provided by Applicant for review and acceptance by the City.
C. Maximum Reduced Lots. No more than seventy-five percent (75%) of the total number
of lots in a proposed subdivision may contain an area less than the prescribed minimum
for the underlying zoning district.
D. Restriction on Further Division. The site area of any lot in excess of the required minimum
lot size shall not be used to increase the overall density of further divisions of land, unless
consistent with existing zoning or as may be amended. When recording any subdivision
subject to lot size averaging, the Applicant must include a restrictive covenant in
substantially the following form on the face of the plat:
NOTE: This subdivision includes lots created utilizing the lot size averaging under
MLUDC 15.310.130 The site area of any lot in excess of the required minimum lot size
shall not be used to increase the overall density of further divisions of land, unless
consistent with existing zoning or as may be amended.
15.310.140 Surety In Lieu of Construction.
A. Surety. In lieu of completing and installing all required improvements, the Applicant shall
file a performance bond in an amount deemed sufficient by the City Engineer to cover
one hundred fifty percent (150%) of the estimated costs of such improvements with the
Public Works Department. The estimated cost shall be provided by the Applicant’s
engineer and shall be approved by the City Engineer. Such bond shall be by a security
company authorized to transact a security business in the state and shall be on a form
approved by the City Attorney. In lieu of a performance bond, the Applicant may deposit
[2024.08.06] Part 15.300 LAND DIVISION Page 15 of 32
with the City Finance Director, cash bonds, savings deposit books, certificates of deposit,
or other security, all in forms acceptable to the City Attorney and in an amount approved
by the City Engineer. Bonds or alternate security for subdivisions shall be in effect for two
(2) years, and shall be on forms approved by the City Attorney.
B. Conditions of Security; Extension. All improvements listed in the bond or approved
security shall be installed by the Applicant and acceptable by the City within two (2) years
of accepting the bond or approved security. The City Engineer may approve one (1)
extension of the bond or approved security for a period not to exceed two (2) years,
provided that said request for an extension is filed with the City Engineer at least sixty
(60) calendar days prior to expiration of the existing bond or approved security. If a time
extension is approved, new security documents shall be submitted by the Applicant. The
new security shall be adjusted to accommodate increased costs for completing all
required improvements. A new security shall not include additional construction
requirements beyond the original scope of work. If the increased costs are not accepted
by the surety, or if the City Engineer denies the request for extension, and the required
improvements are not complete, the City shall foreclose on the existing security, and the
subdivision will be held in abeyance.
C. Forfeiture of Security. In the event the Applicant fails to complete all improvement work
in accordance with the provisions of this Chapter and the City shall have to complete the
same, the City shall call upon the security for reimbursement or shall appropriate, from
any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit
shall exceed all costs and expenses incurred by the City it shall release the remainder of
such bond or cash deposit and if the amount of the security bond or cash deposit is less
than the cost and expense incurred by the City the Applicant shall be liable to the City for
such difference.
D. Certificate of Occupancy. A Certificate of Occupancy shall not be issued for buildings that
are permitted on final plats that have a bond or alternate security attachment until any
required public improvements serving the building has been constructed to Community
Street and Utility Standards and accepted by the City Council.
E. Exception – Park Improvements. Open space or park improvements required to be made
under MLUDC Chapter 15.330 shall not be eligible for bonding in lieu of construction.
15.310.150 Final Short Subdivision – Prohibition on Further Division. Property in approved short
subdivisions that have been filed for record may not be further divided in any manner within
a period of five (5) years without the filing of a new subdivision (major subdivision), except
that when the approved short subdivision contains less than four (4) parcels, nothing in this
section shall prevent the Applicant who filed the short subdivision from filing an alteration
within the five-year period to create up to a total of nine (9) lots within the original approved
short subdivision boundaries. This requirement shall be stated on the face of the recorded
short subdivision plat drawing.
15.310.160 Vacation or Alteration of Approved Subdivision.
A. Application. An application may be submitted for any proposed vacation or alteration to
a final plat. The application shall contain the signatures of the majority of those persons
having an ownership interest in the lots, tracts, parcels, sites, or divisions in the
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subdivision or portion to be altered. If the subdivision is subject to restrictive covenants
which were filed at the time of the approval of the subdivision, and the application for
alteration would result in a violation of a covenant, the application shall contain an
agreement signed by all parties to the covenants providing that the parties agree to
terminate or alter the relevant covenants to accomplish the purpose of the alteration.
B. Street Vacations. A request to vacate a street within a subdivision shall follow the
procedures for street vacation in Chapter 35.79 RCW.
C. Alteration Procedure. Any alteration or modification of a short subdivision or major
subdivision shall be undertaken pursuant to all applicable development standards
including regulations established in Chapter 58.17 RCW by a Type II or Type III decision,
respectively. If approved, the Applicant shall obtain approval of a final plat application as
required by this Chapter.
D. Vacation Procedure. Any vacation of a short subdivision or major subdivision shall be
undertaken pursuant to the standards set forth in RCW 58.17.212 by a Type II or Type III
decision, respectively.
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Chapter 15.315
BOUNDARY LINE ADJUSTMENT
Sections:
15.315.010 Boundary Line Adjustment Application.
15.315.020 Boundary Line Adjustment Approval Process.
15.315.030 Boundary Line Adjustment Approval Criteria.
15.315.040 Boundary Line Adjustment Final Approval.
15.315.010 Boundary Line Adjustment Application. Applications for a boundary line adjustment shall
contain the following:
A. A completed application form signed by the property owners or authorized
representative of all parcels in the boundary line adjustment.
B. Application Fee in accordance with the Adopted Fee Schedule.
C. A Record of Survey meeting the requirements of WAC 332-130 and Chapter 58.09 RCW.
D. A separate site plan map of both the existing and proposed property line configuration
that meet Department standards and contains the following:
1. A vicinity map that clearly marks the site in relation to the nearest major streets,
roads, and waterways in the area;
2. A map at scale which depicts the existing property configuration, including all lot lines,
dimensions, and lot area.
3. The location and dimensions of all structures or improvements existing upon the
affected lots and the distance between such structures or improvements and the
existing and proposed boundary lines.
4. The location and dimensions of any easements within or adjacent to the affected
lot(s).
5. The location, dimensions, and names of all existing or platted street rights-of-way,
whether public or private, within or adjacent to the affected lots.
6. The location of all existing and proposed water, sewer and stormwater facilities, on-
site wastewater disposal systems, drainfields, and wells.
7. The location of access to all affected lots.
8. A north arrow and bar scale.
E. The original legal descriptions of all affected properties, together with new separate legal
descriptions for each parcel resulting from the adjustment on the Record of Survey
prepared by a licensed land surveyor.
F. If an existing on-site sewage (septic tank) disposal system or well will continue to be used
on an affected property after the boundary line adjustment, where City code does not
require connection to the City’s municipal sewer or water system, the Applicant shall
provide written verification from the Grant Public Health District that the proposed lot is
adequate to accommodate an on-site sewage disposal system or well.
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15.315.020 Boundary Line Adjustment Approval Process. The Director shall approve or deny an
application for a boundary line adjustment by means of a Type I decision, pursuant to MLUDC
15.205.040, using approval criteria contained in MLUDC 15.315.030.
15.315.030 Boundary Line Adjustment Approval Criteria. The following criteria shall be used to review
and approve boundary line adjustments:
A. The boundary line adjustment shall not result in the creation of any additional lot, tract,
parcel, site, or division.
B. The boundary line adjustment shall not create a lot or unplatted tract that does not meet
the requirements of the MLUDC, including but not limited to dimensional requirements.
C. The boundary line adjustment shall not increase the nonconforming aspects of an existing
nonconforming lot or structure.
D. The boundary line adjustment will not diminish or impair existing or future drainage,
water supply, sanitary sewage disposal (including on-site sewage disposal), or legal
access.
E. The boundary line adjustment shall not violate or be inconsistent with any conditions of
approval for a previously filed land use action, subdivision, short plat, or binding site plan.
F. The boundary line adjustment shall not result in a lot having more than one land use
designation or zoning or result in being bisected by any special overlay.
G. The boundary line adjustment shall not result in a lot, or lots, not wholly located within
the City limits.
H. Shall not result in a lot which would be so constrained by topography, critical areas or
buffers, unusual shape, or other site conditions that a reasonable building site cannot be
obtained except through a variance, reasonable use exemption from a critical areas
permit, or other special exemption from the MLUDC.
15.315.040 Boundary Line Adjustment Final Approval and Recording. The Director will provide a decision
in writing to the Applicant. The Applicant must submit the deeds reflecting the new legal
descriptions, excise tax affidavit, and recording fees to the Department within thirty (30)
calendar days of the decision for recording with the Grant County Auditor’s Office by the
Department.
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Chapter 15.320
BINDING SITE PLAN
Sections:
15.320.010 Authority.
15.320.020 Binding Site Plan Application.
15.320.030 Binding Site Plan Approval Process.
15.320.040 Binding Site Plan Approval Criteria.
15.320.050 Binding Site Plan Final Approval.
15.320.060 Binding Site Plan Design and Development Standards.
15.320.070 Surety In Lieu of Construction.
15.320.080 Binding Site Plan Compliance.
15.320.090 Administrative Approval of Individual Lots.
15.320.100 Alteration of Approved Binding Site Plan.
15.320.010 Authority. A Binding Site Plan provides an alternative method of dividing land for specific
types of development. The binding site plan shall only be applied for the purpose of dividing
land for:
A. Commercial or Industrial Zoned Property. Sale or for lease of commercially or industrially
zoned property as provided in RCW 58.17.040(4).
B. Leases of Mobile Homes, Tiny Houses, Recreational Vehicles, or Travel Trailers. A
division for the purpose of lease as provided in RCW 58.17.040(5) when no other structure
other than manufactured homes, tiny houses, recreational vehicles, or travel trailers are
permitted to be placed upon the land, so long as the site plan complies with the
requirements of the MLUDC.
C. Condominiums. Condominiums as provided in RCW 58.17.040(7).
15.320.020 Binding Site Plan Application. Applications for a binding site plan shall contain the following:
A. A completed application form signed by the property owners or authorized
representative of all parcels in the binding site plan.
B. Application Fee in accordance with the Adopted Fee Schedule.
C. Environmental Checklist, if applicable.
D. A completed critical area information form or critical area report, if applicable.
E. Preliminary binding site plan prepared by a licensed land surveyor, meeting Department
standards, and including the following elements:
1. The name of the proposed binding site plan; the legal description of the property for
which binding site plan approval is sought; the date on which the plans were
prepared; the graphic scale and north point of the plan.
2. All existing and proposed easements and public or private roads, including adjacent
streets; all existing structures; elevations shown by contour lines at intervals of five
feet or less for ground slopes exceeding three percent; approximate location of all
natural features including but not limited to critical areas.
3. The location, description, and proposed phasing of all facilities proposed to serve the
development:
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a. Interior and exterior roadway network;
b. Water and sewerage facilities;
c. Stormwater drainage facilities;
d. Sidewalks and streetlights;
e. Fire protection devices with sufficient water storage and flows;
f. Landscaping plan including buffers where required by MLUDC Chapter 15.720;
and
g. Any lot(s) to be created as a part of the original binding site plan.
F. A title report dated not later than thirty (30) days prior to the date of the application
showing the name of anyone with an interest in all parcels in the binding site plan.
G. Preliminary engineering plans including, but not limited to, water, sewer, streetlights,
roads, stormwater facilities, and sidewalks, and a schedule of construction and proposed
phasing of improvements if the Applicant intends to develop the site in phases.
H. Draft covenants and restrictions for the development including provisions for long-term
maintenance for areas and facilities under common ownership.
I. Concurrency certificate.
15.320.030 Binding Site Plan Approval Process.
A. Decision Type. The Director shall approve, approve with conditions, or deny an
application for a binding site plan by means of a Type II decision, pursuant to MLUDC
15.205.050, using approval criteria contained in MLUDC 15.320.040.
B. Department Review. Upon receiving a complete application for binding site plan
approval, the Director shall transmit a copy of the binding site plan, together with copies
of any accompanying documents as the Director deems appropriate, to other appropriate
City Departments, as well as any interested outside agencies, to determine the project’s
conformance with City policies, codes, and development standards. The City’s SEPA
review shall generally occur concurrently with departmental review of the binding site
plan, unless circumstances warrant other procedures.
C. Final Binding Site Plan Approval. No sale, lease, or transfer of any lot proposed by the
binding site plan shall occur until a final binding site plan is approved and recorded with
the Grant County Auditor’s Office in accordance with MLUDC 15.320.050. The final site
plan shall be submitted within one (1) year of the date of approval or the binding site plan
shall be expired.
15.320.040 Binding Site Plan Approval Criteria. The Director shall consider the application materials, the
recommendations of reviewing departments and outside agencies, and any comments
submitted upon the proposal, and determine whether the proposal meets the following
standards:
A. Consistent with the comprehensive plan and compliant with the municipal code, including
but not limited to the standards contained in MLUDC 15.320.060;
B. Includes appropriate provisions for the public health, safety and general welfare; open
space; stormwater; streets or roads; alleys; sidewalks and trails; transit stops; and other
public ways; open space; potable water supplies; fire protection; and sanitary and solid
waste disposal and as otherwise set forth in RCW 58.17. 110, Community Street and
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Utility Standards, MLUDC Chapter 15.32, and other codes and regulations that are
applicable; and
C. Provides required mitigation measures imposed as a part of the SEPA review and critical
areas review.
15.320.050 Binding Site Plan Final Approval. When all conditions of the binding site plan approval are
met, including but not limited to the installation of all required improvements, the Applicant
shall submit the final binding site plan together with the fee set forth in the adopted fee
schedule to the Department for processing and recording. The final binding site plan shall
include the following:
A. Binding Site Plan Maps. Copies of the final binding site plan prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, showing the
same information as required under MLUDC 15.320.040, modified to include:
1. All changes made pursuant to the conditions of binding site plan review and approval;
2. A certificate from the County Treasurer indicating that all taxes on the property
included in the binding site plan or dedication have been paid;
3. A certificate from the City Finance Director indicating that all assessments on the
property included in the binding site plan or dedication have been paid;
4. Signature blocks for approval by the Director, City Engineer, and the City Manager,
and date thereof, when the development complies with all conditions; and
5. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of
the approval of the final binding site plan and the dedication of public streets and
other public places.
B. Surveyor’s Declaration. A declaration by a licensed land surveyor shall be placed on the
above binding site plan map and shall certify that the binding site plan as shown on the
maps is based on an actual field survey of the land described and that all corners and
dimensions are correctly shown and that said record survey is staked on the ground as
indicated hereon.
C. Uninstalled Improvements. If required improvements have not been completed, security
shall be provided as per MLUDC 15.320.070, and such condition shall be stated on the
final binding site plan map.
D. Condominium Declaration. All binding site plans for condominiums shall include the
declaration required by RCW 58.17.040(7).
E. Covenants. The binding site plan shall include the covenants required under MLUDC
15.320.060(F).
Upon approval of the final binding site plan, the Department shall record the final binding site
plan with the Grant County Auditor’s Office. All fees for such recording shall be paid by the
Applicant.
15.320.060 Binding Site Plan Design and Development Standards.
A. Streets—Realignment, Dedication, or Widening. If the City concludes that street right-
of-way adjacent to and within a proposed binding site plan is inadequate, as determined
by the Comprehensive Plan, traffic impact study, or the Community Street and Utility
Standards, then the City shall require a dedication of necessary right-of-way and
improvement of that right-of-way and provision of attendant traffic control devices. All
[2024.08.06] Part 15.300 LAND DIVISION Page 22 of 32
public streets shall meet the requirements set forth in MLUDC Chapter 15.325. All other
internal roads within the proposed binding site plan shall be privately held and
maintained by the property owners.
B. Landscaping. All binding site plans shall meet the requirements set forth in MLUDC
Chapter 15.720.
C. Parking. The binding site plan shall provide for parking in compliance with the
requirements set forth in MLUDC Chapter 15.715.
B. Fire Protection. Hydrants shall be installed as required by the City Fire Chief. Water
pressure and flow shall be adequate to provide for fire protection to all areas of the site.
C. Access. The site design shall provide for joint access easements and lot configurations
which will reduce the number of ingress/egress points from existing City, County, or State
roads or street. Adequate access for emergency services shall be included to each lot.
D. Pipe Utilities. Provision shall be made for adequate stormwater improvements, sanitary
sewer improvements, water improvements, and associated easements. Easements and
cross-easements for utilities shall be provided as necessary. Provision for utility line
extension beyond the boundary of the project may be required, along with any necessary
easements for maintenance, or dedications. All public improvements shall meet the
requirements set forth in MLUDC Chapter 15.325.
E. Wire Utilities. All projects shall have all power lines, telephone wires, television cables,
fire alarm systems, and other communication wires, cables, or lines placed underground.
All such underground installations or systems shall be approved by the appropriate utility
company. If the appropriate utility company determines that an underground system, as
required above, cannot reasonably be installed according to accepted engineering
practices, this requirement may be waived upon receipt of a written notice from such
utility to the Director. Utility easements shall be provided within a proposed binding site
plan and shall be approved by the appropriate utility company before final acceptance of
the binding site plan and shall be shown in their exact location on the final drawing of
such plan. All public improvements shall meet the requirements set forth in MLUDC
Chapter 15.325.
F. Covenants and Restrictions. All development within a binding site plan shall be governed
by covenants and restrictions, reviewed and approved by the Director and City Attorney
prior to final approval. At a minimum, the covenants and restrictions shall: specify
standards for construction and design; control operational standards and impacts of
various uses; specify maintenance and easement of responsibilities and obligations; and
provide a mechanism for enforcement of the covenants and restrictions. These covenants
and restrictions shall be recorded and referenced on the face of the final binding site plan
and attached as a permanent deed restriction to each lot within the binding site area.
15.320.070 Surety In Lieu of Construction.
A. Surety. In lieu of completing and installing all required improvements, the Applicant shall
file a performance bond in an amount deemed sufficient by the City Engineer to cover
one hundred fifty percent (150%) of the estimated costs of such improvements with the
Public Works Department. The estimated cost shall be provided by the Applicant’s
engineer and shall be approved by the City Engineer. Such bond shall be by a security
company authorized to transact a security business in the state and shall be on a form
[2024.08.06] Part 15.300 LAND DIVISION Page 23 of 32
approved by the City Attorney. In lieu of a performance bond, the Applicant may deposit
with the City Finance Director, cash bonds, savings deposit books, certificates of deposit,
or other security, all in forms acceptable to the City Attorney and in an amount approved
by the City Engineer. Bonds or alternate security for subdivisions shall be in effect for two
(2) years and shall be on forms approved by the City Attorney.
B. Conditions of Security; Extension. All improvements listed in the bond or approved
security shall be installed by the Applicant and acceptable by the City within two (2) years
of accepting the bond or approved security. The City Engineer may approve one (1)
extension of the bond or approved security for a period not to exceed two (2) years,
provided that said request for an extension is filed with the City Engineer at least sixty
(60) calendar days prior to expiration of the existing bond or approved security. If a time
extension is approved, new security documents shall be submitted by the Applicant. The
new security shall be adjusted to accommodate increased costs for completing all
required improvements. A new security shall not include additional construction
requirements beyond the original scope of work. If the increased costs are not accepted
by the surety, or if the City Engineer denies the request for extension, and the required
improvements are not complete, the City shall foreclose on the existing security, and the
subdivision will be held in abeyance.
C. Forfeiture of Security. In the event the Applicant fails to complete all improvement work
in accordance with the provisions of this Chapter and the City shall have to complete the
same, the City shall call upon the security for reimbursement or shall appropriate, from
any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit
shall exceed all costs and expenses incurred by the City it shall release the remainder of
such bond or cash deposit and if the amount of the security bond or cash deposit is less
than the cost and expense incurred by the City the Applicant shall be liable to the City for
such difference.
D. Certificate of Occupancy. A Certificate of Occupancy shall not be issued for buildings that
are permitted on binding site plans that have a bond or alternate security attachment
until any required public improvements serving the building has been constructed to
Community Street and Utility Standards and accepted by the City Council and any
required private improvements have been constructed to the standards set forth in the
final binding site plan.
15.320.080 Binding Site Plan Compliance. A commercial or industrial binding site plan authorizes a sale
or transfer of a parcel. The binding site plan and all of its requirements shall be legally
enforceable on the purchaser or other person acquiring ownership of the parcel. Mobile
home, tiny house, recreational vehicle, or travel trailer park binding site plans do not
authorize the sale or transfer of ownership of a parcel of the binding site plan. The sale or
transfer of such parcel in violation of the binding site plan, or without obtaining a binding site
plan approval, is an illegal act in violation of state law and may be restrained by injunctive
action.
15.320.090 Administrative Approval of Individual Lots. Once the final binding site plan is recorded, the
creation of individual lot(s) other than lots established by the recorded binding site plan may
be administratively approved as a Type I decision. The Applicant shall submit a completed
[2024.08.06] Part 15.300 LAND DIVISION Page 24 of 32
application form and the required application fee to the Department. The application must
include the following:
A. Survey Required. The proposed lot(s) created must be surveyed by a licensed land
surveyor and the legal description for the lot must be prepared by the surveyor in
accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an
ownership interest in the property shall sign the exemption application and the survey.
B. Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set
forth in the recorded final binding site plan.
C. Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district.
The City will provide a decision in writing to the Applicant. The Department shall record the
approved survey containing the above information with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any created
lot shall be completed prior to the recording of the approved survey.
15.320.100 Alteration of Approved Binding Site Plan.
A. Alteration. Alteration of a recorded binding site plan shall be accomplished by submitting
a new binding site plan application to the Director. The amended binding site plan shall
comprise the entire original binding site plan, with the revised parcels shown clearly on
the survey for the altered binding site plan. The altered binding site plan shall be
processed subject to all the procedures and requirements of this Chapter.
B. Minor Modifications. Minor modifications to the approved binding site plan may be
allowed if the Director determines such modifications are necessary because of
unforeseen technical problems and such modifications comply with the spirit and intent
of the approval and will not be detrimental to the public health, safety, or welfare, or
injurious to other properties in the area. Examples of minor modifications are, but are not
limited to:
a. Modification of lot lines which do not violate any development codes or regulations
of the City or this Chapter;
b. Reconfiguration of parking lots or landscape areas that are approved by the Director;
c. Relocation of fire protection improvements that would conform to City regulations
and are approved by the Fire Department; or
d. Relocation of utilities that would conform to City regulations as approved by the City
Engineer.
The City will provide a decision in writing to the Applicant. The Department shall record
the approved minor modification in a written statement and illustrated on appropriate
maps and mylars prepared by the Applicant with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant.
C. Vacation. The City may rescind all or a portion of a final binding site plan upon the request
of the owner or owners of a lot or lots subject to a recorded binding site plan; provided,
that any portion of a binding site plan which is rescinded shall be considered to be one lot
unless divided by an approved subdivision or short division.
D. Owner Signatures. Signatures of the owners of those portions of a binding site plan which
are not proposed to be altered by an amendment or rescission are not required on the
amended binding site plan or application for rescission.
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Chapter 15.325
IMPROVEMENTS
Sections:
15.325.010 Application.
15.325.020 Procedure for Installing Improvements.
15.325.030 City Participation.
15.325.040 Street Design Standards.
15.325.050 Water Mains.
15.325.060 Sewer Mains.
15.325.070 Stormwater Facilities.
15.325.080 Pedestrian Paths and Activity Trails.
15.325.090 Street Lighting.
15.325.100 Improvement Construction Plans.
15.325.110 Maintenance Bond.
15.325.010 Application. This Chapter shall apply to all improvements required to be installed by the
Applicant as part of any land division set forth in this Part.
15.325.020 Procedure for Installing Improvements. All improvements shall be installed per Community
Street and Utility Standards that are current at the time of application. Street and utility
construction permits are required in accordance with Chapter 12.16 MLMC.
15.325.030 City Participation. The City may participate in the cost of street and over-sizing municipal
utility improvements that are not required of the Applicant. Examples of these types of
improvements include one-half street improvements, over sizing municipal utility mains and
lift stations, street extensions, activity trails, stormwater improvements, and extensions of
municipal utilities. The City will reimburse the Applicant for the agreed cost for the additional
street and municipal utility improvements after the construction is complete and accepted by
the City Council. No approval is authorized by the City unless a written approval for the
reimbursement by the City Engineer is sent to the Applicant prior to construction. This Section
shall not be construed to establish an affirmative obligation upon the City to participate in
any project. The City’s participation is limited by the funds available, priority of projects
throughout the City, and the desirability of a particular project.
15.325.040 Street Design Standards.
A. Sidewalks and Street Trees. The following standards are applicable:
1. Width: Unless otherwise specified in the referenced guidelines or standards the
minimum sidewalk width shall be five feet plus accommodations for applicable
stormwater and curb. Multi-use pathways, designed per Community Street and Utility
Standards, shall be used in place of a standard sidewalk for all streets.
2. Street Trees and Plantings.
a. The Applicant may install street trees and plantings, in addition to any required
buffer landscaping. Drought tolerant tree species shall be required and no
prohibited trees set forth in MLUDC Chapter 15.720 shall be used.
[2024.08.06] Part 15.300 LAND DIVISION Page 26 of 32
b. The area in which street plantings are installed must be located between the
street and the sidewalk, unless precluded by existing utilities which cannot
reasonably be relocated, or meandered to accommodate equivalent tree canopy
coverage. Street trees together with shrubbery, groundcover, and other
approved plantings must be placed in a planter strip along the length of the
frontage, or in an alternative location as approved by the Director subject to
demonstration of design of equivalent tree canopy coverage. Turf or lawn grass
shall not be accepted as groundcover. Native grasses or alternative forms of
water smart ground cover may be installed.
B. Street Design.
1. Streets, sidewalks, water, wastewater, stormwater, and miscellaneous utility
infrastructure shall be laid out in a manner which allows for accessibility, further
development of all parcels within the region, and well-designed networks and
circulation.
2. The Applicant is responsible for constructing all the streets within the subdivision full
width, and all the streets adjacent to the subdivision half width. Except, the Applicant
shall be responsible for constructing the adjacent streets full width if the City
determines that the use within the subdivision requires full width streets.
3. The Applicant shall be required to design easements and dedications in a manner
which facilitates the future development of the region as determined by the Director.
This shall be accomplished by establishing easements and dedications to the furthest
lot line, as well as other similar methods. Cul-de-sacs are prohibited unless authorized
by the Director upon consultation with the City Engineer.
4. All easements and dedications shall be designed in a manner which provides the
necessary dimensional specifications required for future development.
5. Street gradients shall comply with the standards and provisions of the Community
Street and Utilities Standards as amendments.
6. All lots shall be provided with adequate access to an improved public street meeting
the specifications contained the MLUDC and as designated in the City Comprehensive
Plan. Streets shall be improved to the standards as outlined in the MLUDC and as a
condition of development approval. All streets shall be dedicated to the City.
7. Development standards shall be reviewed concurrently with the related application
for a building permit, utility connection permit, land use permit, subdivision permit,
or other associated type of activity or permit.
8. Those public facilities and utilities required to be provided as a condition of approval
shall be fully operational or bonded for concurrency with the use and occupancy of
the development, except that concurrency for transportation facilities may be fully
operational within six (6) years of project approval at the discretion of the Director
working in consultation with the Public Works Director.
9. Development shall be prohibited if the development does not meet the concurrency
standards set forth in MLUDC Chapter 15.250.
10. Street design shall meet the street functional classification. All streets not classified
as Primary, Secondary, or Tertiary are classified as Residential streets; and shall
adhere to the Community Street and Utilities Standards.
[2024.08.06] Part 15.300 LAND DIVISION Page 27 of 32
15.325.050 Water Mains. The Applicant shall install water main improvements for the full length of all
streets within and adjacent to the development, unless the Public Works Director determines
that the additional water main provides no additional benefit.
15.325.060 Sewer Mains. The Applicant shall install sewer main improvements for the full length of
streets within and adjacent to the development, unless the Public Works Director determines
that the additional sewer main provides no additional benefit.
15.325.070 Stormwater Facilities.
A. Stormwater facilities that are a part of street improvements shall be installed in
accordance with MLUDC 15.325.040.
B. The City Engineer may approve plans submitted by the Applicant’s engineer to divert or
enclose natural drainage in and through the development. The Applicant shall bear all
costs associated with diverting or enclosing natural drainage.
C. All stormwater in City streets shall drain from the asphalt to concrete gutters, then to
approved stormwater structures such as catch basins. All stormwater between
stormwater structures shall be in underground pipes.
D. All stormwater facilities must be constructed in accordance with the most current version
of the Stormwater Management Manual for Eastern Washington adopted by the City.
E. Any private underground injection control well shall be registered with the Washington
Department of Ecology in accordance with Chapter 173-218 WAC.
15.325.080 Pedestrian Paths and Activity Trails.
A. Right-of-way Required. Right-of-way for pedestrian paths and activity trails at locations
other than within the right-of-way for streets and utilities may be required as a condition
of development approval. Activity trails shall be provided for as shown on the Activity
Trail Master Plan that was adopted by City Council. Pedestrian paths may be required
where pedestrian routes would otherwise be more than one-quarter (1/4) of a mile
longer if the pedestrian path were not provided.
B. Standards. All right-of-way for pedestrian paths shall be at least ten feet (10') in width. All
right-of-way for activity trails shall be at least fourteen feet (14') in width. Right-of-way
for pedestrian paths and activity trails shall be dedicated by one (1) of the adjacent lots,
and shall be required to be maintained and serviced by the adjacent lot that provided the
dedication for the pedestrian path or activity trail. The plat or site plan shall specifically
designate the lot that provided the dedicated right-of-way and shall designate said lot
owner to provide service and maintenance for the pedestrian path or activity trail.
15.325.090 Street Lighting. Street lighting is required for all streets, per plans that are approved by Grant
County PUD and the City Engineer.
15.325.100 Improvement Construction Plans.
A. Construction plans shall be submitted by the Applicant and approved by the City Engineer
prior to construction.
B. Preliminary construction plan sets shall meet Department standards.
[2024.08.06] Part 15.300 LAND DIVISION Page 28 of 32
C. All construction plans shall be stamped by a professional engineer. The plans shall show
all required improvements.
D. A plan check fee shall be due when the preliminary construction plans are submitted to
the Public Works Department, in accordance the Adopted Fee Schedule.
E. Approved construction plans will be returned to the Applicant after the plans are
acceptable by the City Engineer, and after the Applicant provides acceptable construction
plans meeting Department standards.
F. The City Engineer may approve deviations to the requirements for construction plans.
15.325.110 Maintenance Bond. A two (2) year maintenance bond or alternative security is required to be
submitted to the City in the amount of fifty percent (50%) of the cost of the municipal
improvements to be accepted; which bond or alternative security shall be as approved by the
City Attorney prior to acceptance of municipal improvements. If the cost of the municipal
improvements is less than the amount of a street and utility construction bond or
performance bond that has been provided for the municipal improvements, and that street
and utility construction bond or performance bond provides for two (2) year maintenance of
the improvements being accepted, an additional two (2) year maintenance bond or
alternative security will not be required prior to acceptance of the project.
[2024.08.06] Part 15.300 LAND DIVISION Page 29 of 32
Chapter 15.330
OPEN AND RECREATION SPACE
Sections:
15.330.010 Open and Recreation Space.
15.330.010 Open and Recreation Space.
A. Applicability.
1. Subdivision. This Chapter applies to every subdivision of contiguous land or binding
site plan regulated by this Part where any one of the following conditions is met:
a. The land to be divided is located wholly or in part in the residential zoning
districts;
b. If a rezone to a residential zoning district is sought in connection with subdivision
approval, and granted, the subdivision is subject to this Chapter; or
c. All residential subdivisions of any size.
B. Open and Recreation Space Standards for Dedication.
1. An area greater than or equal to nine and eight-tenths (9.8) acres of parkland per one
thousand (1,000) residents of the gross land area to be divided which shall be
dedicated for the open space and recreational needs of its residents including
requiring the installation of recreational facilities. Each dwelling unit is equal to two
and seventy-two hundredths (2.72) (or as amended by the Comprehensive Plan or
OFM) residents per unit. Land proposed for dedication shall meet the Dedication
Criteria.
2. Minimum Standards. Required open space area shall at a minimum meet the
following standards:
a. Open space areas must be designed to be attractive and usable for active as well
as passive recreation opportunities. No use shall be allowed within open space
that adversely affects the aesthetic appeal or usability of the open space for
recreational purposes.
b. The open space area shall be separate and distinct from required yards, setbacks,
and other undeveloped portions of the site.
c. Up to twenty-five percent (25%) of the open space requirement may be satisfied
by wetlands, wetland buffers, and other critical areas. The wetland or other
critical area and associated buffer may be applied as credit to the total amount
of required open space at a rate not exceeding fifty percent (50%).
d. Shoreline area may be applied as credit to the total amount of required open
space at a rate of two hundred percent (200%) for every linear foot compliant
with the City of Moses Lake Shoreline Master Program (SMP) section 6-70 Public
Access and other applicable SMP standards and specifications for the use and
enjoyment of the public. The area for calculation shall be linear shoreline and
Shoreline Jurisdiction.
e. The open space shall not be incumbered by deed restrictions, easements, or other
limitations that otherwise compromise or limit the use of the open space.
f. The open space area shall have convenient access for residences of the
development and shall be consolidated to provide maximum access, visibility,
usability, minimization of impacts to residential uses, and ease of maintenance
[2024.08.06] Part 15.300 LAND DIVISION Page 30 of 32
unless another configuration, due to unique topographic conditions, would be of
a greater benefit to the development.
g. Open space areas shall be designed and placed in consideration of existing and
potential open space on adjacent parcels to consolidate or provide opportunities
for future consolidation of neighborhood open space areas.
h. Except where removal is required to meet active recreation requirements in this
Chapter, existing trees and significant vegetation shall be retained in open space
and park areas unless an alternate landscaping plan for such areas is required or
approved by the Parks, Recreation and Cultural Services Director.
i. The minimum usable open space and park area dedicated for residential
subdivisions shall be nine and eight-tenths (9.8) acres of parkland per one
thousand (1,000) residents of the gross land area to be divided which shall be
dedicated for the open space and recreational needs of its residents including the
require the installation of recreational facilities. Each dwelling unit is equal to two
and seventy-two hundredths (2.72) (or as amended by the Comprehensive Plan
or OFM) residents per unit.
3. Review. The Parks Recreation and Cultural Services Board shall review Community
Parks and make recommendations to the Hearing Examiner; excepting that Mini-
Parks and Neighborhood Parks shall be reviewed and approved by the Parks,
Recreation and Cultural Services Director.
Table 15.340.010-1 Park Standards for Level of Service
Category General Description Location Criteria
Mini-Park Used to address limited, isolated, or unique
recreational needs.
1/4-mile radius in
residential setting.
Neighborhood
Park
Remains the basic unit of the park system and serves
as the recreational and social focus of the
neighborhood. Focus is on informal active and passive
recreation.
1/2-mile radius and
uninterrupted by non-
residential streets or
other physical barriers.
Community
Park
Serves a broader purpose than a neighborhood park.
Focus is on meeting community-based needs as well
as preserving unique landscapes and open spaces.
Determined by the
quality and suitability of
the site.
Note: Table definitions are for the purposes of applicability threshold for decision authority.
C. Fee-In-Lieu of Dedication. The City may require a fee-in-lieu of dedication and a
dedication of open space at the sole discretion of the Parks, Recreation and Cultural
Services Director after review of the Dedication Criteria. Fee-in-lieu of dedication value of
land area and improvements, shall be remitted to the City to fulfill the requirements of
this section. The amount of fee-in-lieu of dedication required will be determined using
the area required, Table 15.340.010-2, Residential Development Park Requirements, and
the adopted costs within the Parks and Recreation Design Standards These are based on
the cost of meeting the adopted level of service for neighborhood parks in the Parks,
Recreation & Open Space Plan (PROS), Moses Lake Parks & Recreation Design Manual,
Policies and Programs. Fees collected shall be allocated to a neighborhood park, open
space, cultural or recreation project and shall be expended within five (5) years of fee
acceptance.
[2024.08.06] Part 15.300 LAND DIVISION Page 31 of 32
Table 15.340.010-2 Residential Development Park Requirement
Required Items
Items 0-3 acres 3-5 acres 5 acres or larger
Garbage Cans 2 per acre 2 per acre 2 per acre
Benches 1 per acre 1 per acre 1 per acre
Picnic Tables 1 per acre 1 per acre 1 per acre
Dog bag Stations 1 per park 2 per park 4 per park
Restrooms 0 1- 2 unit Restroom 1- 4 unit Bathroom
Parking 0 See parking
standards
See parking
standers
Active Recreation
Items 0-3 acres 3-5 acres 5 acres or larger
Sports Field
One item per acre One item per acre One item per acre
Baseball/Softball Field
Pickleball Court
Tennis Court
Sport Court (may include, but
is not limited to: Basketball,
futsal, or similar courts)
Workout stations
Play Equipment 3 features per acre
for single age group
3 features per acre
for two age groups
3 features per acre
for three age groups
Passive Recreation
Items 0-3 acres 3-5 acres 5 acres or larger
Trails/Pathways
One item per acre One item per acre One item per acre Open space/turf area
Off leash dog park
Community Garden plots
Other passive or active recreation facilities if approved by the Parks, Recreation and
Cultural Services Director.
D. Dedication Criteria.
1. Prohibition. The required minimum open space dedication shall not include lands
reserved for street rights-of-way.
2. Open Space Dedication Location.
a. The City of Moses Lake maintains a walkable parks map detailing actual half-mile
or 10-minute walking distance on safe routes (sidewalks, trails, or crosswalks) to
public parks, open space, or greenspace. This map includes school properties that
have fields/playgrounds as open space components.
b. Any identified gaps in service for the half-mile distance or 10-minute walk will be
identified on the map and opportunities to fill in those gaps will be considered as
they arise.
c. Any new development in the City that is required to provide open space or pay
in-lieu fees will be evaluated by the Parks, Recreation and Cultural Services
Director based on a half-mile walking distance to a park or open space standard
[2024.08.06] Part 15.300 LAND DIVISION Page 32 of 32
and the National Recreation and Parks Association reported median 9.8 acres of
parkland per 1,000 residents for population centers 20,000 to 49,999 people. The
Parks, Recreation and Cultural Services Director will decide based on these
standards whether a park is required or if a fee in lieu of a park is required.
d. The area proposed for dedication shall be within the subject development.
e. The designated open space shall be contiguous. Where practical, the proposed
dedicated property shall be located adjacent to other established or planned
park, open space, critical area buffers, or recreational areas in adjacent parcels or
developments, schools, or public parks; provided, that such dedication would
increase the overall benefit to the residents of the subject development and
conform to other criteria in this section.
f. Open space shall be designated to minimize conflicts with existing and planned
utilities and road rights-of-way.
3. Open Space Dedication Access.
a. All residences within the subject development must have access to the proposed
area for dedication at the time of approval. Access shall not be blocked by major
obstacles such as arterials or collectors.
b. Areas dedicated for active recreational open space shall have reasonable access
from street frontage at a minimum of one hundred (100) feet of street frontage.
Design measures shall accomplish the purposes of access and security.
4. Open Space Uses. The designated open space shall be used for any of the following
permitted uses:
a. Active or passive recreational activities;
b. Protection of critical areas and their required buffers;
c. Park landscaping requirements and other park improvements;
5. Open Space Dedication Recreation. The dedicated open space area shall be suitable
for recreation. The topography, soils, hydrology, and other physical characteristics of
the area proposed for active recreation shall be of such quality as to provide a dry
obstacle-free space in a configuration which is suitable for active recreation.