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This title shall be known as and may be cited as the "Kalama Subdivision Ordinance."

The purpose of this code is to provide rules, regulations, requirements, and standards for development of land in the city, ensuring that the public health, safety, general welfare, and design standards of the city are promoted and protected; that planned growth, development, and the conservation, protection and proper use of land are ensured; that proper provisions for all public facilities including circulation, utilities, open space, parks, and services comply with adopted regulations and standards; and that the goals and policies of the city of Kalama comprehensive plan is furthered through the development of land.

Every division or redivision of land shall comply with the provisions of Chapter 58.17, Revised Code of Washington, this title and all future amendments or applicable federal, state or local laws. After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions, shall be allowed only if the procedures of this title are followed, and these requirements shall be applicable to all plats approved prior to the effective date of this title. Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, manuals or restrictive covenants, the provisions of this code shall prevail.

3. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. Requests for adjustments of lot lines between properties (boundary line adjustments) shall be processed in the manner prescribed for boundary line adjustments under this title.

No person shall sell, lease or transfer the ownership of or offer for sale, lease or transfer of ownership any real property that is subject to this chapter without full compliance with this chapter. Any plat, replat, plan or map hereafter made of any subdivision or part thereof lying within the Kalama city limits shall be presented for approval, reviewed and if approved, recorded as prescribed by this chapter. No subdivision plat, short subdivision (short plat), replat, plan, or map hereafter made shall have any validity until it shall have the approval of the Kalama city council or administrator and otherwise be found by the city to comply with this title.

Unless otherwise specified, the public works director ("director"), their designee, and/or the city planner are responsible for administering this title and may prepare and require the use of such additional forms and requirements which are necessary to effectuate the provisions thereof.

A. Application fees and reimbursable costs related to short plat, preliminary subdivision, final subdivision and planned unit development applications and all other applicable activities shall be as established by resolution of city council.

B. Reimbursable costs shall include, but are not limited to, engineering fees, geological fees, traffic consultant fees, and other professional consultant fees actually incurred by the city, plus the hourly fee of the city planner which shall be equal to the number of hours expended on review of the subdivision multiplied at the rate as charged to the city.

C. The application fee and per lot fee shall be payable at the time preliminary plat application is made. Reimbursable costs incurred during the processing of the preliminary plat application will be invoiced upon completion of the preliminary process. Reimbursable costs incurred for review and approval of the construction drawings are due at the time of construction drawing approval and prior to issuing of any construction permits. All final reimbursable costs incurred by the city, including all inspection fees, and additional charges for items such as street signs, shall be payable along with the final plat application fee at the time of application for final plat approval.

D. All fees and reimbursable costs outstanding must be paid in full at the time of application for any extension of the preliminary plat approval.

E. Reimbursable costs are due thirty days after the first invoice from the city at each stage of the plat process. The city will not take action on additional submittals if outstanding charges are owed. If at any point, the charges related to the plat become over one hundred twenty days past due the city will take the necessary action to collect such charges which will include placing a lien upon the property.

The land dividers shall permit free access to the land being divided to all agencies considering the plat for the period of time extending from the time of application to the time of final action, including final plat approval.

A. No building permit, septic tank permit, or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or this title, unless the city finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice.

B. Violations of this title shall be enforced as set forth in Title 17 KMC, unless otherwise noted in this title. The city shall have such injunctive powers as provided by the law for enforcement of this chapter.

C. The director, or their designee, may revoke all building permits or parcels divided, transferred or leased which do not comply with this title. The county treasurer shall refuse to accept any property tax payment for any parcel of real property that has not been approved by the administrator pursuant to this title.

For the purpose of this title, certain terms and words are defined in this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular tense shall include the plural, and the plural the singular; the word "shall" is always mandatory, and the word "may" denotes a use of discretion.

"Access" means a means of approaching, entering and leaving a property, providing for the vested rights of an owner or lessee of land ingress and egress to and from the property to and from a public street or road.

"Access road" means a privately held and maintained unobstructed way of specified width containing a drive or round way which provides vehicular access within a manufactured home park.

"Active solar energy systems" means a system which collects the sun's radiation in a specially designed structure or device for heating air, water or another liquid medium which is hydraulically/mechanically delivered to the point of use for space and/or water heating or is stored for future use. Pumps, piping, thermostats, fans and other devices characterize an active system. See "solar energy system."

"Actual cost of inspection" means the cost, including overhead, to the department of public works supervisor or his designee of inspecting subdivision improvements.

"Alley" means a passage or way, open to public travel and dedicated to public use, affording a secondary access to lots at their side or rear lot lines and not intended for general traffic circulation.

"APWA specifications" means the current edition of the "Standard Specifications for Municipal Public Works Construction" of the Washington Chapter of the American Public Works Association, as may be amended and except as superseded by standards adopted by the city.

"As-built drawings or plans" means revised construction plans in accordance with all approved field changes reflecting the improvements on the site as they actually exist.

"Block" means a well-defined parcel of land bounded on all sides by streets, railroad right-of-way, physical barriers such as watercourses, public or common parks or open space, unsubdivided acreage, or a combination thereof and not traversed by a through street.

"Boundary line adjustment" means a change in the location of lot lines which does not result in an increase in the number of lots contained therein and conforms to the standards set forth in Chapter 16.14 KMC.

"Buffer strip" means a landscaped strip of land at least ten feet in width providing visual separation.

"Building site" means a parcel of land occupied or intended to be occupied by one main building and its accessory buildings, together with all of the required yards, open space and setbacks.

"Clearing" means removal of trees, snags, brush, rubbish and any structures not intended for use in a subdivision.

"Collector street" means a street that collects and distributes traffic within an area or neighborhood to the arterial system. It may supply access to abutting property but access should be minimized and may be restricted if other access from local streets is available. Collector streets are given priority over local streets in any traffic control installations. Streets providing egress from a subdivision to connecting streets outside are generally collectors.

"Common land" means a parcel or parcels or land reserved primarily for the leisure and recreational use of subdivision residents and owned and maintained in common by them, generally through a property owners' association.

"Complete application" means the elements required in Section 16.32.020(A) of this title to be submitted before the planning commission will consider a preliminary plat. "Comprehensive plan" means a coordinated plan for the physical development of the city, designating among other things, elements and programs to encourage the most appropriate use of land and to lessen congestion throughout the city in the interest of the public health, safety and welfare and promote efficiency and economy. For purposes of this chapter, the "comprehensive plan" is the text and map as adopted by the council and thereafter amended.

"Condominium subdivision" means a subdivision with co-ownership or cooperative ownership of common property as defined in Chapter 64.32 of the Revised Code of Washington.

"Contiguous common parcels" means land adjoining or touching other land at a common point and having a common owner, regardless of whether or not portions of the parcels have separate tax lot numbers, or were purchased in different sections, different government lots or are separated from each other by roads or rights-of-way, unless such roads and rights-of-way are improved and maintained by the city.

"Covenant" means a private legal restriction on the use of land, contained in the deed to a property or otherwise formally recorded.

"Cul-de-sac" means a local street closed at one end. Cul-de-sacs are required by this chapter to terminate in a turning circle for the safe and convenient reversal of traffic movement.

"Day" means the days that the office of the administrator is open for business, unless otherwise specified.

"Dedication" means the deliberate appropriation of land or improvements by the owner thereof for any general or public use. In making a dedication, the owner reserves to himself no other rights than are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner on the final plat, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city council.

"Difficult development land" means land which the administrator has found to be environmentally sensitive or unsuitable for division due to flooding, bad drainage, steep slopes, slide areas and potential slide areas, rock formations, or other features likely to be harmful to the safety and general health of the future residents and adjacent land owners.

"Division of land" means any conveyance, not otherwise exempt or provided for in this chapter, which alters the legal description of any lot or parcel that was segregated and recorded prior to the effective date of the ordinance codified in this chapter and shall include development of two or more building sites on an existing parcel.

"Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family.

"Easement" means a written grant by a land owner to another person, the public or the public's agencies authorizing use of a portion of land for a specified purpose or purposes.

"Environmental checklist" means the form required by WAC Chapter 197-10 to be filled out by the proponent of an action, as defined in WAC 197-10, before a threshold determination is made on the action's environmental significance.

"Environmental impact statement (EIS)" means an environmental impact statement prepared pursuant to RCW Chapter 43.21C (the State Environmental Policy Act) and WAC Chapter 197-10 (Guidelines implementing the act).

"Final plat" means the final drawing and accurate representation of a subdivision showing lots, blocks, street and crosswalk rights-of-way, alleys, common areas, easements, dedications, distances, monuments, certificates of approval, and other matters specified in Chapter 16.48 of this title, prepared for filing for record with the county auditor.

"Final short plat" means the final drawing of the short subdivision, including dedication, prepared for filing for record with the Cowlitz county auditor and containing all the elements and requirements that are set forth in this chapter and regulations adopted pursuant to this chapter.

"Flag lot" means a lot which has access to a public right-of-way by means of a narrow strip of land, which is part of the lot.

"Flag stem" means that portion of a flag lot which connects a lot or a grouping of continuous small lots to a developed city street. A flag stem shall be a minimum of twelve and one-half feet wide, for a single-family residence and twenty feet wide for multiple-family dwellings.

"Grade" means the slope of a street or other public way, specified in percentage terms.

"Gross acreage" means the total acreage lying within the boundaries of the plat.

"Grubbing" means removal of stumps, roots, rocks and other material in the ground.

"Hearing examiner" means an individual that is appointed to hear and decide land use matters in accordance with the provisions set forth in Chapter 2.34 KMC.

"Homeowners' association" means an incorporated organization operating under recorded agreement through which: (1) each lot owner is automatically a member; and (2) each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property.

"Improvements" means any structures, works or components thereof, including, but not limited to, streets, curbs, sidewalks, crosswalks, water and sanitary sewer lines and connections, drainage ditches, storm sewer systems, streetlight systems, landscaping, and electrical, gas, telephone and television lines, cables and appurtenant equipment.

"Integral curb and sidewalk" means an approach to construction and installation of curbs, sidewalks and underground utilities by which the sidewalk abuts the curb and the underground utilities are located outside the sidewalk abutting the lots.

"Kalama urban area" means the area within the urban sphere of influence as specified by the city under its adopted "urban services area program."

"Land surveyor" means a surveyor registered or licensed in the state of Washington.

"Loading" means the weight, as from structures, that a soil can hold before it shears or fails.

"Local street" means a street that serves primarily to provide access to abutting property, that offers the lowest level of traffic mobility of city street classes, and on which through-traffic is deliberately discouraged.

"Lot" means a fractional part of subdivided land having fixed boundaries, being of sufficient area and dimensions to meet minimum requirements of the zoning ordinance, and intended as a unit for transfer of ownership and occupancy by one principal use or structure. The term shall include tracts, parcels or building sites.

"Lot of record" means a lot legally existing as of the date on which this title is adopted, which does not meet the applicable area, frontage, width or depth requirements of the subdivision and zoning ordinances.

"Major (primary) arterial" means a street for moving large volumes of intra-traffic, including traffic to and from the freeway-expressway system. Major arterials connect areas of high traffic generation within and around the city and provide links with important rural routes. Major arterials shall be as indicated on the street classification map maintained by the city.

"Manufactured home park" means a tract of land under single ownership upon which multiple manufactured homes occupied as dwellings may be situated.

"Manufactured home space" means a plot of ground within a park designed for the accommodation of one manufactured home.

"Master plan" means the map showing the ultimate, intended development pattern of a parcel to be developed in successive phases of subdivision, prepared in conformance with Title 16.

"Minor (secondary) arterials" means a street that carries primarily through-traffic but has a secondary function of providing access to abutting property. Minor arterials offer less mobility and carry a lesser volume of traffic than major arterials as well as between major arterials. Minor arterials shall be as indicated on the street classification map maintained by the city.

"Off-site" means and refers to premises not located within the boundary of the property to be subdivided, regardless of whether it is owned by the applicant for subdivision approval.

"Open space" means improved or unimproved area that is (1) designated and maintained for active or passive recreation, other activities normally carried on outdoors, visual buffering, or for preservation in a natural state because of natural assets or unsuitability for development, and (2) not covered by buildings, accessory structures, parking structures, parking lots, except that structures appropriate for the authorized recreational use of the open space used to conserve or enhance the amenities of the open space may be sited on the open space. Open space does not include street right-of-way, parking lots or yards in platted lots. Depending upon authorization by the city, open space may be owned either in common by and for the use of the subdivision residents or by a public agency through dedication to the public.

"Original tract" means a unit of land which the owner holds under single or unified ownership, or which the owner holds controlling interest on the effective date of the short subdivision ordinance codified in this chapter, as hereafter amended, configuration of which may be determined by the fact that all land abutting a tract is separately owned by others, not related to or associated by business partnership with the owner.

"Other security" means one of the methods or instruments other than a plat performance bond assuring completion of improvements and including a personal bond, letter of credit from a bank, certified or cashier's check, and assignment of funds. Provision of such methods or instruments shall conform to Title 16.

"Owner" means the person or group of persons having legal title to the land sought to be subdivided or the contract purchaser, mortgagee or person or group of persons who controls a deed of trust as beneficiary or grantor if such interest controls disposition of the property to be subdivided.

"Parking space" means an area not less than nine feet by eighteen feet long designed to accommodate one vehicle.

"Passive solar energy system or design" means a system or design for space heating and cooling which uses the building itself for collection and storage of solar energy and relies primarily upon natural paths of warm and cool air flow for distribution. Collection is through south-facing windows and storage is in an interior inanimate mass such as a concrete and tile floor, concrete and brick wall or water containers. See "Solar energy system."

"Person" means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture, municipality, county or state agency.

"Planned unit development" means a type of subdivision characterized by a unified site design, clustering of buildings, provision of common open space, density increases, and a mix of building types and land uses and subject to Title 16.

"Plat" means the map or representation of the subdivision showing thereon the division of a tract or parcel of land into more than four lots if any one of the divisions is less than five acres in size with blocks, streets, alleys and other divisions and dedications.

"Plat performance bond" means a form of security executed by a surety company authorized to transact business in the state of Washington, securing to the city the satisfactory completion of required improvements and fulfilling the requirements of Chapter 16.36 of this title.

"Preliminary plat" means a neat and approximate drawing of a proposed subdivision furnishing a basis for the approval, conditional approval, or disapproval of the proposed subdivision, showing lots, blocks, street and crosswalk rights-of-way, alleys, common open space, easements, dedications, and distances and conforming in detail to Title 16.

"Private road" means a particular ingress and egress in private ownership and used by the owner or those having an express or implied permission from the owner, but not other persons.

"Public hearing" means a duly advertised proceeding of the planning commission or city council, acting fairly and impartially and in accordance with law and adopted rules of procedure, at which persons affected by a proposed action have opportunity to appear to be heard, to present evidence or testimony, and to challenge opponents' evidence or testimony.

"Public meeting" means a proceeding of the planning commission or city council, open to the public and held in conformance with state law, at which action is taken. Action means the transaction of official business, including but not limited to a collective decision made by a majority of the members of the body, a collective commitment or promise by a majority of the members of the body to make a positive or negative decision, or an actual vote by a majority of the members of the body when sitting as a body or entity.

"Public works standards" means the current edition of the adopted city of Kalama development guidelines and public works standards.

"Radius of curvature" means a term referring to the sharpness of a horizontal curve. For a street, the centerline radius of a simple curve is measured from the point of intersection of city lines drawn to the two points on the centerline where the curve begins and ends. The centerline radius or curvature is the length of either line so drawn.

"Resubdivision" means within an existing subdivision established under RCW Chapter 58.16 or 58.17, the division of an individual lot or parcel into any number of smaller lots or parcels for the purpose of sale or lease, the combining of lots, or the creation or extension of a street. Resubdivisions as herein defined do not require compliance with RCW Chapter 58.11 or 58.12.

"Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, pipeline, power line, water main, sanitary or storm sewer main, shade trees, or for another special use. Rights-of-way are separate and distinct from the lots or parcels adjoining such right-of-way and are not included in the dimensions or areas of lots or parcels.

"Road" means the improved and maintained portion of a right-of-way which provides vehicular circulation, or principal means of access to abutting property.

"SEPA" means the State Environmental Policy Act, as amended (RCW Chapter 43.21C).

"SEPA guidelines" means the state regulations interpreting and implementing the State Environmental Policy Act (WAC Chapter 197-10).

"Service building" means a structure housing toilet, lavatory, shower and such other facilities as may be required by these rules and regulations.

"Shear strength" means the maximum resistance of soil to shearing stresses. A shear test indicates the ability of a soil to hold after cutting.

"Short subdivision" means the division or redivision of land into four of fewer lots, tracts, sites, parcels or division, each of which is less than five acres in size.

"Significant tree" means an existing healthy tree which, when measured four feet above grade, has a minimum diameter of eight inches for evergreen trees, or twelve inches for deciduous trees.

1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and other matters specified by local regulations;

2. Contains inscriptions or attachment setting forth such appropriate limitations and conditions for the use of the land.

"Sketch plan" means a generalized map preparatory to a preliminary plat, prepared for review at a pre-application conference and showing the general layout of a prospective subdivision in conformance with this title.

"Slope" means a term referring to the steepness of terrain, expressed in percentage terms, and determined by dividing the vertical raise in elevation by the distance over which the rise occurs.

"Soil survey" means the "Soil Survey for the Cowlitz Area, Washington," 1974, with 1979 update, prepared by the Soil Conservation Service of the U.S. Department of Agriculture.

"Solar easement" means a right expressed as an easement, restriction, covenant or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems (RCW 64.04.150(1)(b)). A solar easement allows a solar system owner to use the airspace above the southern neighbor's property in order to receive uninterrupted sunlight for agreed upon times during the year.

"Stand" means that part of a manufactured home space reserved for the placement of the home.

"Street" means for the purposes of this title, a public way that provides vehicular circulation or primary access to abutting properties, inclusive of arterials, collector streets and local streets and exclusive of alleys. Physically, a street is the improved and maintained portion of a right-of-way that is designed for vehicular use.

"Street classification system" means the categorization of street and alleys by the following classes: freeway or expressway, major (primary) arterial, minor (secondary) arterial, collector street, local street in multifamily housing areas, local street in single-family housing areas and alleys. Classification of any given street is based upon its location, present and prospective traffic volume, and relative importance and function. Additional guidelines on street classification are provided in the public works standards. Authority for determination of the class of a street shall rest with the public works director.

"Subdivider" means any person who files for approval of or who has undertaken a subdivision or resubdivision of land or one who has an interest in title to the land.

"Subdivision" means a division of or the act of dividing land into five or more lots, parcels, tracts or sites for the purpose of sale, lease or transfer of ownership and including resubdivision.

"Subdivision agent" means any person who represents or acts on behalf of a subdivider in selling, leasing or developing or offering to sell, lease or develop any interest, lot or parcel in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal service.

"The State Environmental Policy Act (SEPA)" means the State Environmental Policy Act as defined by RCW Chapter 43.21C as it now exists or is hereafter amended.

"Zero lot line development" means for the purposes of this title, a development approach permitted in single-family detached dwellings in planned unit developments, in which a single-family detached dwelling is sited on one side lot line with no side yard provided. The intent is to allow for a housing design benefiting small lots and to increase the amount of usable space on a lot. The approach is subject to standards specified in this title.

The pre-application conference is an informal forum at which the tentative concepts and design of any prospective subdivision or short subdivision are discussed. The conference is intended to be a means of screening subdivision proposals in their earliest stages of design, taking place before proponents are committed to a particular design and before they have drawn a preliminary plat. It is also a means for staff and other public officials to convey information needed by the prospective subdivider, to make suggestions, to identify problems and information needs, to determine a proposal's feasibility, to acquaint the prospective applicant with the procedural steps for plat reviews, and to initiate the process for compliance with the State Environmental Policy Act. By providing for such a conference, the city intends to improve the quality of information presented in the subdivision review process; to minimize unproductive debate at public hearings; to discourage premature, unsafe or inadequately prepared proposals; and to add certainty to and expedite the subdivision review process.

The pre-application conference is optional, but highly encouraged, for short subdivisions and mandatory for subdivisions of five or more lots. Prospective applicants who do not arrange for a conference or provide minimal information at the conference are likely to encounter delay or denial. If at a public hearing on a preliminary plat the planning commission finds that necessary information is lacking or that the plat raises significant problems or questions, the commission shall have authority to close the hearing immediately and forward a recommendation for disapproval to the city council, or continue the hearing to another date to provide the applicant with additional time to comply with their requests for additional information. If the plat is denied under the above circumstances and the prospective subdivider desires to have the plat considered again, they shall reapply to the city and pay new application fees.

The pre-application conference is intended to be an informal meeting between the prospective subdivider or his agents; city staff; planning staff; and representatives of other public agencies and utilities at their option. Therefore, no public notice of the conference shall be given or fee charged. The service need not include field inspections or extensive correspondence, and the conference may be repeated as necessary. Responsibilities of participants shall be as follows:

A. The clerk-treasurer shall refer prospective subdivision applicants to the director and shall not accept applications, proposed preliminary plats, or application fees until the prospective subdivider has met with city staff and the pre-application conference has been held. The city clerk-treasurer need not participate in pre-application conferences, but may at their discretion.

B. In the early concept stage of subdivision design and prior to designing a preliminary plat, a prospective subdivider should contact city hall to arrange for a pre-application conference. Prospective subdividers participating in a conference shall provide the following at the conference:

1. At least six copies of a sketch plan, conforming to the specifications listed in Section 16.06.050;

6. A description of existing uses of the subject property and of uses of adjacent properties.

If a prospective subdivider prepares a plan more typifying a preliminary plat than a sketch plan, said plan nonetheless shall be the basis for the pre-application conference discussion and shall have the status of a sketch plan.

C. The director shall perform the following duties in connection with the pre-application conference:

1. Inform prospective subdividers of the purpose and desirability of a pre-application conference;

2. Arrange, coordinate and notify participants of pre-application conferences. In establishing a date and location for pre-application conferences, the director shall strive to determine the date of earliest convenience for the participants. The dates ordinarily shall be within two weeks of the request for a pre-application conference;

4. Provide a determination of possible critical areas and information on requirements per Chapter 15.02, Critical Areas Protection;

6. Inform prospective subdividers about procedures, fees, specifications for plats and plans, design and improvement standards and options, and assurances for completion and maintenance of improvements;

7. Review the sketch plan's relationship to the city's shoreline master program, floodplain damage prevention ordinance.

D. The city fire marshal or fire district representative is an optional participant but shall be encouraged to attend by the director. The city fire marshal or fire district representative may review sketch plans on the basis of fire flow requirements, need for on-site water storage, emergency vehicle access, road grades, hydrant locations, and may make recommendations regarding emergency response impacts.

E. The city planner shall coordinate and assist in performance of the above-listed responsibilities and shall also review the sketch plan for adequacy and design of recreational and open space provisions, and shall recommend sites or systems for public dedicated or private in-common parks, playgrounds, trails and other open space pursuant to this title.

F. Participation by the PUD, special districts, and private utilities is optional but shall be encouraged by the director.

G. The city shall seek attendance by the staff from the Cowlitz County planning department when the subject property is adjacent to an unincorporated area.

If after the pre-application conference the prospective subdivider desires to proceed with an application for preliminary plat approval, they should utilize information gained from the conference in preparing the preliminary plat and accompanying materials. Participation in a pre-application conference and agreement by a prospective subdivider to conclusions reached at such conference shall in no way guarantee preliminary plat approval, prohibit changes of opinion by public agency participants, or prohibit identification and discussion of such additional problems or issues as may arise in the plat review process. A pre-application conference is nonbinding and advisory in intent and effect.

A. Sketch plans submitted for review at pre-application conference should be drawn in a neat and legible manner at a convenient scale and should include the following information:

1. If the proposed subdivision lies within an existing subdivision, the name of the existing subdivision; or the proposed name of the subdivision or name by which the property is commonly known if no name has been chosen, together with the words "sketch plan";

d. Citation of last recorded legal instrument conveying title to each parcel of property involved in the proposed subdivision, such citation giving grantor, grantee, date and volume and page number, if recorded,

e. Citation of any existing legal rights-of-way or easements affecting the property;

3. Location of property by lot numbers, section, township, range, donation land claim; graphic scale; north-pointing arrow; and date of sketch;

a. Location of existing property lines, easements, railroad and utility rights-of-way, watercourses and wooded areas,

b. Location and names of all existing or platted streets and other public ways within or immediately adjacent to the tract,

c. Approximate lot sizes and uses of property adjoining the proposed subdivision,

d. Location and sizes of existing sewers, water mains and culverts within the tract and immediately adjacent thereto,

e. Location of existing buildings and utility poles within the tract and immediately adjacent thereto,

f. Approximate topography, with arrows showing direction of incline or rough contour lines;

b. Approximate lot lines and approximate dimensions and area (square footage) of the smallest, largest, and typical lots,

c. Approximate location, dimensions, area and proposed use of parcels to be set aside for public or common parks and other open space,

d. The location of temporary stakes to enable the finding and appraisal of features on field inspection,

e. Whenever development of only a portion of contiguous property under the same ownership is immediately intended, the probable future street layout of the remaining portion of the ownership,

f. In the case of planned unit developments, the following information in addition to the above: approximate locations and types of buildings and an indication of the number of dwelling units.

16.08.090 Deadline for final decision on preliminary plats--Expiration of preliminary plat approval.

A complete application for preliminary plat approval shall be submitted to city hall and shall consist of the following:

C. A critical area determination report, per the determination provided by the city at the pre-application conference or thereafter in compliance with Chapter 15.02, Critical Areas Protection Code, or proof that an application for a critical area determination has been filed with the city as required by Chapter 15.02;

D. If critical areas exist on the subject site, the permit and report requirements of KMC Chapter 15.02 shall be adhered to and submitted with the preliminary plat application;

E. Precise drawings showing sanitary and storm sewer cross-sections and grade profiles of the existing ground and proposed streets;

F. Twenty-five copies of the preliminary plat, conforming to the specifications of this chapter, including eleven- by seventeen-inch copies of all large plans so that copies can be made;

G. If the property is to be developed in phases, each phase shall be clearly labeled and demarcated on the preliminary plat;

J. Copy of a recent title report for the property issues within the last sixty days, including a legal description according to the official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or surveyor, date of survey; and

K. A verified statement with original signatures that the property affected by the applicant is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;

N. If it has been determined that a zoning map amendment or variance is required for approval of the preliminary plat, completed applications for the same if not previously submitted and reviewed;

O. A tree survey and preservation plan, report or drawing that complies with Section 16.10.140(C);

Preliminary plats for distribution to the parties listed in Section 16.08.050 of this title shall be presented on a sheet or sheets having dimensions no larger than eighteen by twenty-four inches and shall be drawn at a convenient scale. The following information shall be shown on the preliminary plat in one or more sheets:

1. The proposed name of the subdivision, together with the words "preliminary plat,"

2. The tract designation(s) of the proposed subdivision as shown in the records of the Cowlitz County assessor, including lot numbers, section, township and range,

4. Name and address of the owner(s) of the property to be subdivided, of the subdivider or subdivision agent, if other than the owner, and of the surveyor and engineer,

5. A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property and streets;

2. Location, pavement and right-of-way widths, and names of existing public or private streets, roads or alleys within or abutting the tract,

4. Location of existing property lines, easements, railroads, monuments, property markers, section lines and city boundary lines within or abutting the tract,

5. Watercourses, ditches, areas of flooding or ponding, rock outcroppings, wooded areas, and isolated trees eight inches or more in diameter measured four feet above the ground,

6. The names and addresses of adjoining property owners from the latest assessment rolls within five hundred feet of all boundaries of the proposed subdivision, shown on the plat in relationship to the property to be subdivided,

7. Contour lines illustrating topography at two-foot intervals for slopes less than ten percent and at five-foot intervals for slopes over ten percent. Contour lines shall extend at least one hundred feet beyond the boundaries of the proposed subdivision. Contours shall be relative to sea level and based on USGS or USC&GS datum,

8. All critical areas shall be shown including streams, wetlands, geological hazard areas and all associated buffers,

9. For subdivisions proposed in the one-hundred-year floodplain, base flood elevation benchmarks;

2. Locations and dimensions of proposed streets, alleys, other public and private ways, easements, lot lines and utilities, with the purpose of easements stated,

3. Locations, dimensions and area of public and common park and other open space areas,

4. Proposed number assigned to each lot and block, with lots numbered consecutively in a block; proposed names of all streets,

5. Identification of all areas proposed to be dedicated for public use, with designation of the purpose thereof and any conditions,

6. When more than one type of use is proposed, the location, dimensions and area for each type of use (such as single-family, two-family, or multifamily residential uses),

7. If the subdivision borders a river or stream, the approximate mean high and mean low water elevation and the distances and bearings of a meander line established not less than twenty feet back from the ordinary high-water mark of the waterway.

Within twenty-eight days after the applicant submits all of the elements of a complete application, including the necessary application fee(s), the city shall determine whether the application is complete. If the city determines that the application is not complete, the city shall notify the applicant that the application is incomplete in writing. Such notification shall describe what is necessary to make the application complete. If the applicant does not submit the information requested by the city within ninety days after notification by the city that the application is incomplete, the city may determine that the application has lapsed for lack of information. If the city determines that the application has lapsed for lack of information, the applicant may request a refund of the application fee. Applications shall not be processed until a determination of completeness is made.

A. Integrated Notice of SEPA Decision and Public Hearing. The city shall provide notice of the threshold determination as set forth in KMC Chapter 15.04, and attempt to integrate such notice in the notice for the planning commission's public hearing on the application. The planning commission's public hearing shall be held after expiration of any SEPA comment or administrative appeal period, but in general, should not be held more than forty-five days after the city's SEPA determination.

B. Publication of Notice of Public Hearing. The city shall publish at least one public notice of the public hearing of the application before the planning commission in the city's official newspaper, which notice shall be published at least ten days prior to the hearing date. Notice of such hearing shall also be mailed to the applicant and to all adjacent landowners. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, to be located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. The records of the Cowlitz County assessor shall be used in notifying owners of adjacent property. Persons requesting notice of the city's action on an application shall also be notified.

1. A legal description locating the outer boundaries of the proposed subdivision;

2. Either a vicinity location map or a location description in nonlegal language;

4. An identification of the application(s) submitted and the SEPA threshold decision;

5. A statement that the hearing may be continued without further published notice if the date, time and place of the continued hearing are announced at the hearing for which notice has been published;

6. A statement of the purpose of the hearing and brief description of the proposal;

7. A statement that interested persons may appear and be heard, but are encouraged to submit comments in writing at least three days prior to the hearing date, directed to the planning commission secretary.

The city should distribute the pertinent preliminary plat application materials to the following:

J. State Department of Ecology, when a proposed subdivision adjoins a river or stream, or is located in a flood control zone, or requires a stormwater permit;

K. State Department of Transportation, when a proposed subdivision is located adjacent to a state highway right-of-way;

N. Cowlitz County department of community development, when a plat adjoins an unincorporated area;

Distribution of application materials to outside agencies may be combined with the SEPA notice.

A. Required Recommendations. Before any preliminary plat is scheduled for a public meeting before the city council, the following recommendations for disapproval or approval shall be filed with the planning commission secretary:

1. Local health department or other agency approving septic sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply, if applicable;

2. Kalama planning commission recommendation as to compliance with all terms of preliminary approval as set forth in KMC, including those design standards and improvements set forth in KMC Chapter 16.10;

4. Director of public works' recommendation as to compliance with all applicable public works standards, and sewer and water concurrency and facilities construction;

B. Written Findings Required. During the public hearing on the preliminary plat, the city shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and any dedications proposed. The proposed subdivision and/or dedications shall not be approved/accepted or recommended for approval/acceptance unless the planning commission and/or city council makes written findings that:

1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

2. The public use and interest will be served by the platting of such subdivision and dedication; and

3. That the proposed subdivision is in conformity with any applicable zoning ordinance, comprehensive plan or other existing land use controls including RCW 58.17.

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.

2. Roads not dedicated to the public must be clearly marked on the face of the plat.

3. Any dedication, donation or grant as shown on the face of the plat shall be considered for all intents and purposes as a quitclaim deed to the said donee(s) grantee(s) for his/her/their use for the purpose intended by the grantor(s) or donor(s).

4. If the plat is subject to a dedication, a certificate or separate written instrument shall contain the dedication of all streets and other areas to the public, any individuals, religious societies or corporation (public or private), as shown on the 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. Dedication of land to any public body, provision of public improvements to serve the subdivision may be required as a condition of subdivision approval.

D. 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 flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the State Department of Ecology.

E. Conditions of Approval. The commission and council may attach those conditions to an approval or recommendation for approval as deemed necessary to promote the public interest, safety, health and welfare, except as prohibited in this chapter or other law. The commission may recommend and the council may require that conditions of approval be listed on the face of the final plat.

The planning commission shall conduct an open record public hearing on the preliminary plat application, and shall review all materials, take public testimony and deliberate and vote. The planning commission's recommendation shall be based on the criteria for approval set forth in KMC Section 16.08.060, and shall include written findings of fact and conclusions. The planning commission's written recommendation shall be forwarded to the city council within fourteen days after the planning commission's vote to either recommend approval, denial or approval with conditions of the preliminary plat. A tape recording shall be kept of the public hearing by the city.

Upon receipt of the planning commission recommendation, the city council shall at a regular meeting review the information and make a decision to accept or reject the planning commission recommendation on the subdivision. After consideration of the record, the council shall act on the preliminary plat application by approving, denying or approving it with conditions and shall approve written findings of fact and conclusions, which shall become the city's final decision on the preliminary plat. Any judicial appeals of the city council's final decision on a preliminary plat may be filed as set forth in Chapter 36.70C RCW.

16.08.090 Deadline for final decision on preliminary plats--Expiration of preliminary plat approval.

A. Deadline for Final Decision. Preliminary plats for any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of filing a complete application is accepted by the city, unless the applicant agrees to an extension of such time period in writing. Provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the city.

B. Expiration of Preliminary Plat Approval. A final plat meeting all of the requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within five years of the date of preliminary plat approval; provided, however, that the applicant may submit an application to the city at least thirty days prior to the expiration of the preliminary plat approval for a one time extension of two years. The city may review extension applications upon notice and hearing before either the planning commission or city council, with the city council making the final decision if: (1) the applicant agrees to construct the development in conformance with the zoning, subdivision, environmental, public works standards and other development standards in place at the time an application for an extension is submitted, unless otherwise agreed upon by the city; and (2) the applicant provides their consent to allow any agency that has provided a recommendation under KMC Section 16.08.050 to reconsider and modify its recommendation; (3) all applicable fees have been paid to the city. Notice shall include publication of a legal notice in paper and site posting.

1. If the city has approved a preliminary plat with the condition that the city agrees to provide the necessary public services to the development in the preliminary plat, and the city has enacted a moratorium during the five-year period after preliminary plat approval, an application may be made for an exception. An extension of time greater than two years may be granted under this exception. In order to obtain an exception under this subsection, the applicant must demonstrate: (1) that the preliminary plat approval has not expired under subsection A of this section; (2) that the request for an extension of preliminary plat approval has been made necessary because of the city's imposition of a moratorium and for no other reason attributable to the applicant's delay.

2. The city may approve an extension of time greater than two years or in addition to any other extension granted based upon the facts and circumstances including: (1) the totality of investment made in the preliminary plat after the preliminary plat was granted; (2) the applicant has shown due diligence in proceeding toward final plat approval; (3) circumstances which create an undue hardship to the applicant; (4) all applicable fees have been paid to the city; and (5) the needs and best interest of the citizens of Kalama are met as determined by the city council.

Approval of a preliminary plat by the city council shall not guarantee approval or constitute acceptance of the final plat.

After approval of the preliminary plat and prior to the beginning of construction and installation of improvements or performance bonding or other assurance in lieu thereof, the subdivider's engineer shall submit to the city detailed construction plans for all required improvements and applications for necessary permits set forth in this title. Required improvements are detailed in KMC Chapter 16.10. Upon approval of the construction plans and prior to submission of the final plat, the subdivider shall proceed to construct and install required improvements to completions, unless the performance bonding or other option set forth in Chapter 16.10 of this title is accepted. Construction plans shall be drawn at a scale of no more than fifty feet to the inch with the following information shown:

1. Profiles showing original ground elevation and proposed elevations along centerlines of all streets,

2. Radii of curves, lengths of tangents, angles, bearings on street centerlines, right-of-way and pavement widths,

B. Grading and Drainage. Lot grading plans including approximate quantities of fill and excavation, drainage easements, drainage retention proposals, catchbasin size and location, and storm sewer pipe size, type, location, depth and connections;

C. Water Mains. Location, size, type, depth and connections for lines, valves and fire hydrants;

D. Sanitary Sewers. Locations, grades, connection elevations, pipe sizes and types, depths, lateral locations and manhole locations;

E. All other information required in the city of Kalama development guidelines and public works standards.

A. Preparation. After approval of the preliminary plat and the detailed construction plans and within the time limits set forth in this chapter, the subdivider shall cause to be prepared a final plat and the supplementary materials required by this section. The final plat shall:

1. Be drawn to the specifications and contain the information required by Section 16.08.130 of this title;

2. Conform to the preliminary plat approved by the city council and to any conditions that may have been part of the approval. Slight deviation from the approved preliminary plat may be allowed if the director determines such deviations are necessary because of unforeseen technical problems or to protect the public interest in accordance with KMC Section 16.08.140;

3. Include, in the manner specified by Section 16.08.130 of this title, all formal, irrevocable offers of dedication to the public and space for the acknowledgments, endorsements, and certifications required by Section 16.08.130 of this title.

B. Supplementary Materials. The original hard copy drawing of the final plat shall be accompanied by:

2. A minimum of ten additional paper copies of the final plat, one an eleven by seventeen copy;

3. A copy of any deed restrictions and restrictive covenants proposed by the subdivider;

4. A title report issued by a title insurance company showing all parties whose consent is necessary and their interest in the premises and listing all encumbrances;

5. "As-built" plans of such required improvements as have been completed, unless other arrangements are made to guarantee that "as-built" plans will be submitted;

7. If required improvements have not been completed, plat performance bond or other security conforming to Chapter 16.10 of this title;

8. If a local improvement district is proposed, a petition for creation of the district, unless the city council in approving the preliminary plat indicated it would create a district by resolution;

9. Payment of the inspection fee required by Chapter 16.10 of this title for such improvements as have been completed;

10. Payment of a fee in the amount of one hundred dollars for each street sign required by the director, which are to be installed by the city. In lieu of payment, the city may also elect to require installation by the developer;

15. Three copies of operations and maintenance manuals for all mechanical components installed;

16. A statement from the Cowlitz County assessor verifying that all lot descriptions are accurate; and

17. Other items required by the director deemed necessary to ensure compliance with the city of Kalama public works standards.

C. Sequence for Obtaining Signatures. Signatures required by Section 16.08.130 of this title for dedications, acknowledgments and endorsements normally shall be obtained in the following sequence:

1. The subdivider shall submit the original drawing of the proposed final plat and supplementary materials to the city. The director shall:

a. Inspect the detail and computations of the final plat for conformance with the specifications and standards of this chapter; the director's determinations shall be conclusive;

b. Inspect the final plat for conformance with the preliminary plat approved by the city council and the conditions made a part of such approval;

c. Determine either that all required improvements have been installed in accordance with these regulations or that certain improvements may properly be deferred under Chapter 16.10 of this title.

2. When the director is satisfied with the details and computations of the plat, determines that the plat conforms to the approved preliminary plat and conditions set thereon, and determines that improvements either are complete or may properly be deferred, he shall signify his approval of the subdivision by signing the original and mylar copies of the final plat. Thereafter, he shall forward the plats and the supplementary material to the clerk-treasurer, who shall arrange for planning commission review.

3. If the director is not satisfied with the detail and computations of the final plat, finds that the plat does not conform with the approved preliminary plat and conditions, determines that improvements were installed incorrectly, or is not satisfied with the extent or manner in which completion of improvements would be deferred, he shall withhold his signature until the matter is corrected or resolved by the subdivider to the satisfaction of the director.

E. Review by the Planning Commission. After the inspection by the director, the planning commission shall review the proposed final plat for conformance with the preliminary plat and conditions approved by the council. Such review shall take place at a regular public meeting.

1. If the planning commission finds a final plat to be conforming, the commission chairman shall signify the commission's approval by signing the original drawing and mylar copies, then shall forward them to the city clerk-treasurer for consideration by the council.

2. If the commission finds that a final plat contains significant divergences from the approved preliminary plat, it shall withhold its approval, return the plat sheets to the applicant, and provide a statement indicating the reasons for the withholding of approval and the changes necessary. If the applicant does not modify the proposed final plat to the commission's satisfaction, the city's approval of the preliminary plat shall become null and void. To be reactivated, the plat must be resubmitted as a new preliminary plat subject to the provisions of this chapter, including payment of preliminary plat review fees.

F. Review by the City Council. The city council shall review final plats at a public meeting considering the factors set forth below. The council review shall occur after the director and planning commission have completed review. The council shall determine whether:

1. The final plat conforms to the approved preliminary plat and conditions set thereon;

2. The public uses and interest will be served by the subdivision and the final plat meets the requirements of RCW 58.17 and of this chapter;

3. Improvements have been completed or properly guaranteed to be completed in accordance with Chapter 16.10 of this title;

4. The dedications, certifications and acknowledgments and signatures required by Section 16.08.130 of this title have been duly stated and obtained;

6. Proposed covenants are in satisfactory form and ready for recording with the final plat;

7. Any other supplementary materials required by this chapter or by the council have been satisfactorily completed. If the council affirmatively makes the above determinations, the mayor shall inscribe and execute the council's will on the face of the original drawing and mylar copies of the final plat. If the council withholds approval, it shall return the plat sheets and supplementary material to the applicant and provide a statement of reasons for its decision and of the changes necessary to permit granting approval.

G. The director shall file the original drawing of the final plat for recording with the Cowlitz County auditor. One reproduced full copy on mylar material shall be retained by the city. One paper copy shall be filed with the Cowlitz County assessor. At least six paper copies shall be retained by the city clerk-treasurer. The subdivider shall be responsible for all fees associated with filing.

The final plat shall be drawn in indelible ink on a sheet of mylar having dimensions of eighteen by twenty-four inches, or approved substitute, and on a standard recorder's plat sheet eighteen by twenty-five inches, with a three-inch-wide hinged binding on the left border. If more than one sheet is required, the sheets shall be numbered and indexed. The scale may range from fifty feet to the inch to two hundred feet to the inch. All signatures on the mylar and recorder's plat sheet shall be originals. The final plat shall show the following information:

B. Boundary lines of the subdivision tract, with courses and distances marked thereon, as determined by field survey made by an engineer or land surveyor registered in the state of Washington, and determined by them to close with an error of not more than one foot in five thousand feet;

C. Lines, including centerlines, and names for all street rights-of-way, other ways, easements and areas intended for public use or granted for use of inhabitants of the subdivision;

D. The length and bearing of all straight lines, curves, radii, arcs and tangents of curves;

E. Exact width and purposes of rights-of-way, street pavement width and easements;

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

G. Primary control points and all permanent monuments found or established in accordance with this chapter, with descriptions and ties to such control points and to which all dimensions, angles, bearings and similar data given on the plat shall be referred;

H. Section and donation land claim lines within and adjacent to the subdivision;

I. The front yard setback line for every lot in accordance with the zoning ordinance;

M. All open space, facilities and improvements reserved for use of the subdivision residents and restrictions on their use shown clearly and precisely on the face of the final plat;

N. The parcel numbers written along the left border of the mylar parallel to the left border;

O. The street address of each lot and lot numbers as correspond with those on the construction drawing;

P. Statement of the covenants restricting use of subdivision property or reference to the volume and page where recorded separately;

Q. Reference points to base flood elevations with the base flood elevations listed;

R. Dedication, Acknowledgment and Endorsement. The following information shall appear on the final plat, mylar and recorder's plat sheet, lettered and signed in ink:

Know all men by these presents that, the undersigned, as the owner(s) in fee simple of the land hereby subdivided, hereby declare(s) this subdivision and dedicate(s) to the use of the public forever, all streets and easements or whatever public property there is shown on the plat and the use thereof for any and all public purposes; also the right to make all necessary slopes for cuts or fills upon the lots, blocks, tracts, etc., shown on this plat in the reasonable original grading of all streets, shown hereon.

IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this ________ day of ________, 20________.

STATE OF WASHINGTON	)
	) ss
COUNTY OF COWLITZ	)

THIS IS TO CERTIFY THAT on the ________ day of ________, 20________, before me, the undersigned, a Notary Public, personally appeared ________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that ________ (he/she/they) signed and sealed the same as ________ (his/her/their) free and voluntary act and deed for the uses and purposes therein mentioned.


	____
	NOTARY PUBLIC in and for the State of Washington, residing at
	____

I HEREBY CERTIFY THAT the subdivision of ________ is based on actual survey and subdivision of Section ________, Township ________ North, Range ________, W.M., that the distances and courses and angles are shown thereon correctly; that proper monuments have been set and lot and block corners staked on the ground.


	(Seal)
Licensed Land Surveyor

I HEREBY CERTIFY THAT the taxes on the land described hereon have been paid to date, including the year ________.

EXAMINED AND APPROVED this ________ day of ________, 20________, Kalama Planning Commission.

Secretary

Chairman

Filed for record at the request of this ________ day of ________, 20________, at ________ minutes past ________ o'clock ________.M., and recorded in Volume ________, of Plats, on page ________, Records of Cowlitz County, Washington.

Modifications to an approved preliminary plat prior to final plat approval and recording may be approved consistent with this section. For the purposes of this section, "modification" shall mean any change to an approved preliminary plat and associated conditions required by the city.

A. Modifications that result in an increase in density or a change in design that has the potential to substantially impact abutting properties or result in a substantial departure from the approved preliminary plat as determined by the city, shall be referred to the planning commission for recommendation, with final decision issued by the city council and shall require public notice and hearing in accordance with the preliminary plat process outlined in this chapter. At the city's discretion, modification requests that are considered minor in scope will be processed administratively by the city, upon review by city staff.

B. A modification granted by the city council or administratively approved by the city for individual cases applicable to specific properties shall be subject to the following:

1. Any decision granting or denying a modification request shall be in writing and supported by findings of fact and conclusions which address the criteria for modification as follows:

a. There will be no significant adverse impact to neighboring property or the general public as a result of the modification.

b. The modification is not contrary to the purpose section of this title or to any policy or provision of the Kalama comprehensive plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.

d. The modification protects the public interest and will result in a preferred design as determined by the city.

C. Conditions may be required to protect the public interest, achieve compliance with the comprehensive plan, and to mitigate any adverse impacts resulting from approval of the modification.

Alterations or vacations of approved, recorded subdivisions shall be processed pursuant to RCW 58.17.215 and all applicable portions of this title, including Chapter 16.12.

A. The principles and requirements within this chapter shall be followed in the development of all subdivisions and shall be considered minimum standards. Any proposed plat shall be in harmony with the city's comprehensive plan. Insofar as the comprehensive plan does not indicate the size, location, direction and extent of a street, the arrangement of streets in a plat shall provide for the continuation of the principal streets existing in adjoining properties, or of the projection of existing streets where adjoining property has not been developed. Where a tract of land is platted into lots of an acre or more, the commission may require an arrangement of lots and streets which will permit a later replat in conformity with the street requirements of this chapter and the comprehensive plan.

B. Applicability. The requirements and standards of this chapter shall be followed in the development of all subdivisions, except as indicated in this title, and shall be considered minimum standards.

C. Conformance to Applicable Plans, Laws, Ordinances and Regulations. In addition to standards contained in this title, all subdivision plats shall comply with the following:

1. APWA specifications and or city of Kalama public works standards as referenced in Section 16.10.020 below;

2. The current edition of the International Fire Code (IFC), as may be amended by the city;

The "City of Kalama Development Guidelines and Public Works Standards" (hereafter referred to as "public works standards") are adopted herein by reference and the design and layout of streets, sanitary sewer, water and storm drainage systems and such other construction regulated or reviewed pursuant to this title shall be done in accordance with said standards. Where a conflict exists between this chapter and the public works standards, the more stringent standard shall apply unless otherwise approved by the public works director. The public works standards are on file with the city clerk-treasurer and may be reviewed upon request or purchased.

1. Subdivision names shall not duplicate or too closely approximate phonetically the name of any other subdivision within the Kalama area, except that in the case of successive subdivisions of a phased development, plats may be differentiated in name by sequential numbering or by direction (north, south, etc.).

2. Street names shall not duplicate or too closely approximate phonetically the name of any other street within the Kalama area, except in the case of new streets serving as a continuation of existing streets. Streets having the same name except for "court," "lane" or other suffix shall be deemed duplicative and not permitted. Names of new streets running on a line with an existing street but separated by a park or barrier may duplicate the name of the existing street, provided that a prefix indicating direction from the park or barrier is attached to the new street's name.

A. Each lot shall be provided direct access by means of minimum frontage on a dedicated and improved public street.

B. The minimum size of any lot or parcel of property within a subdivision shall conform to the standards of Title 17 unless otherwise approved pursuant to this title.

C. Residential lots which have street frontage along two opposite boundaries shall be discouraged, except for reverse-frontage lots which are essential to provide separation to residential development from primary traffic arterials or collectors or to overcome specific disadvantages of topography and orientation. For such lots, there shall be an easement in favor of the appropriate governmental entity at least ten feet wide along the lot lines abutting said primary arterial across which there shall be no right of access may be required. Arterial and collector streets are as defined in Chapter 16.04.

D. Insofar as practicable, side lot lines shall be at right angles to straight street lines and radial to corner street lines. Placing adjacent lots at right angles to one another shall be avoided where possible.

E. Individual lot access to primary arterial and collectors. Residential subdivisions should be designed so that individual lots or parcels do not require direct vehicular access to arterial streets and that direct access to collector streets is minimized.

F. Flag Lots. Flag lots are discouraged, but may be approved in accordance with Section 16.10.180, where topography makes standard design or more frontage impossible or impractical. Where such flag lots are allowed, the flag stem should generally not be more than one hundred fifty feet long. Not more than two flag lots shall abut each other. When allowed, the flag stem on a flag lot shall have a minimum all-weather surface driveway of twelve and one-half feet in width for single flag lots and eighteen feet in width for double flag lots. In approving a flag lot, the city may require a landscape screen and/or fence be installed along property line(s) of the flag lot, for privacy of adjoining residents. The city may require a flag stem to be wider than the above standard where screening is necessary. A flag lot screen shall not be required if the abutting property owner(s) indicate in writing that they do not want a screen or fence.

G. Where lots are more than double the minimum lot size required for the zone, the city council may require that the subdivision be designed to accommodate future subdivision and the opening of future streets and expansion of existing streets. The city may also require that a subdivision's street network be designed to accommodate future growth on adjacent properties in support of greater connectivity and a more efficient transportation network.

A. Length. In general, blocks shall be as long as is reasonable and consistent with the topography and the needs for convenient access, circulation, control and safety of street traffic and the type of land use proposed. The block length shall not ordinarily exceed one thousand three hundred twenty feet or be less than five hundred feet.

B. Width. Except for reverse-frontage parcels or when topographic conditions do not permit, the width of blocks shall ordinarily be sufficient to allow for two tiers of lots of depths consistent with the type of land use proposed. This width shall normally be not less than two hundred feet for the sum of two lot depths.

C. Intersecting streets shall be so laid out that blocks shall not be more than one thousand three hundred twenty feet in length between rights-of-way. In the case of long blocks or oddly shaped blocks and to facilitate pedestrian access to parks, playgrounds, open space or schools, the subdivider may be required to construct pedestrian crosswalks of not less than five feet in width on a dedicated right-of-way or perpetual unobstructed easement of not less than ten feet in width, to extend through the block(s) at location(s) deemed necessary. Widths of blocks shall be such as to allow two rows of lots, except that blocks along the perimeters of a plat may have one row of lots.

D. Blocks intended for commercial and industrial use shall be designed specifically for such purposes, with adequate space provided for off-street parking, loading and delivery.

A. The minimum street right-of-way and roadbed widths shall be as indicated by the public works standards. The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions or for their proper projection when adjoining property is not subdivided.

B. Local access streets will be designed primarily to provide access to abutting properties only and should be designed to discourage through traffic.

C. All streets within the subdivision shall be dedicated to the city. Private street subdivision shall not be allowed.

D. Street intersections shall be as nearly at right angles as is practicable and should not have an acute angle of less than sixty degrees. Street jogs with offsets of less than one hundred twenty-five feet between centerlines should be avoided. The number of intersections of local and collector streets with minor and major arterials shall be minimized. Intersections of local and collector streets shall be offset from one another a distance of at least one hundred twenty-five feet from centerline to centerline but preferably two hundred feet. Intersections of local or collector streets with arterials shall be no closer than one thousand feet apart from centerline to centerline. Proposed new intersections along one side of an existing street shall coincide, whenever possible, with any existing intersection on the opposite side of such street.

E. Streets, curbs and sidewalks shall be constructed by the subdivider, all in accordance with the city's public works standards and all conditions of approval.

F. Streets designed to have one end permanently closed or in the form of a cul-de-sac, shall be provided with a cul-de-sac turnaround having a minimum right-of-way radius as specified in the public works standards. If site constraints or topography make construction of a cul-de-sac infeasible, the city council may allow a "Y" or "T" turnaround permitting comparable ease of turning. Such streets in excess of five hundred feet should be avoided whenever possible.

1. All intersection curb ramps shall be constructed with roadway infrastructure required for the subdivision.

2. Sidewalks shall be constructed with roadway infrastructure required for the subdivision on all open space tracts, non-building lots, and on the major street frontage of double frontage lots.

3. On buildable lots, construction of the sidewalk shall be done on a lot-by-lot basis, prior to issuance of a certificate of occupancy for the lot.

4. No later than three years after final plat approval or expiration of the plat performance bond or other security if one has been posted, the subdivider shall cause continuous sidewalks to be completed, including sidewalks in front of undeveloped lots or the subdivider shall be liable to the city for the cost of completing the sidewalk construction as estimated by the public works director.

H. Streets shall be related appropriately to the topography and shall follow the more gradual natural contours of the land.

I. Streets shall be designed so as to provide for continuation of principal streets in adjoining subdivisions and, where appropriate, allow for future opening of streets to possible adjoining subdivisions. In no case shall proposed streets extend existing streets at less than the width of the existing street.

J. Where existing streets adjacent to or within a subdivision are of inadequate width or where the city's capital improvements plan or comprehensive plan indicate a need for a new street or additional right-of-way or realignment for an existing street, the subdivider shall dedicate necessary right-of-way to the city in the filing of the final plat. Where property adjacent to a subdivision is undeveloped and where the planning commission and city council determine that it is desirable to allow for future continuation of a street into the adjacent property, the street and right-of-way shall extend to the subdivision boundary. All temporary dead-end streets longer than one hundred fifty feet or serving more than four lots shall be provided an interim turning circle meeting the requirements for a permanent turnaround.

K. Permanent dead-end streets shall terminate with a turning circle, and shall meet the right-of-way and pavement width requirements set forth in the public works standards.

M. The slope of cuts and fills for street construction shall not exceed two feet horizontal to one foot vertical, unless otherwise approved by the public works director.

A. Alleys should be provided at the rear of all lots intended for commercial or industrial uses.

B. Dead-end alleys shall be avoided wherever possible, but if unavoidable, shall be provided with turnaround facilities. Alley intersections and sharp changes in direction shall be avoided, but where they are necessary, corners shall be rounded sufficiently to permit safe vehicular movement. Except as otherwise provided in this title, alleys shall follow the general development standards governing streets.

A. All distribution laterals and primary and secondary lines and wires serving the subdivision, including those providing electric, street lighting, telephone, and cable television service, shall be placed underground. All utilities shall be installed to the property line of each and every lot prior to acceptance of improvements. The subdivider shall make necessary arrangements with utility providers or other appropriate persons for underground installations. This requirement does not apply to surface-mounted transformers, switching facilities, connection boxes, meter cabinets, temporary utility facilities used during construction, high-capacity transmission lines, electric utility substations, cable television amplifiers, telephone pedestals, cross-connect terminals, repeaters, warning signs or traffic control equipment.

B. Sanitary sewers and water system improvements shall be installed at the developer's expense, to serve all subdivisions, by extension of the existing city sewer and water lines and improvements necessary to ensure reservoir capacities. Such facilities shall be designed and sized in accordance with the city's public works standards and shall be of sufficient capacity to accommodate the ultimate development density of all intended phases in adjacent areas.

C. Timing for installation of lines, pipes, cables, hydrants and service connections for sanitary sewer, storm sewer, water, electric, gas, telephone, television, shall be completed after grading in the rights-of-way is complete and before any street base material is applied.

D. Utility installations shall be in accordance with the city's public works standards, APWA specifications and the International Building Code unless otherwise approved by the city.

E. A complete street lighting system, including conduits, wiring, concrete bases, poles, junction boxes, meter base, service cabinets and luminaries, shall be installed by the subdivider throughout the subdivision in accordance with the public works standards unless otherwise directed by KMC. Street lighting shall be aesthetically compatible with adjacent neighborhoods, hooded and oriented to the ground to preserve the night sky. Up-lighting for landscaping, entrance signs and recreational facilities shall be prohibited, unless otherwise approved by the public works director when needed to protect the public interest. The city may make exception to this rule to protect public health, welfare and safety. The city will ensure compliance with this requirement prior to final plat approval. The subdivider's contractor shall submit plans and manufacturer's technical information to the public works director and public utility district for approval of all specifications and materials used in the system.

A. Where alleys are not provided or as otherwise deemed necessary, easements for public utilities shall be provided on each side of all rear lot lines and side lines where necessary. Such utilities may include sewer, water, gas, electric, telephone, and television lines and cables. Easement width shall be as required per the public works standards or as approved by the public works director. Where practical and possible, the width of rear and side lot line easements shall be equally shared by abutting lots. When the utility easements are needed at corners, the size of the easement should be at least five feet by five feet. Additional easements for major distribution and transmission lines or unusual electric or communication facilities may be required. Insofar as possible, easements shall be continuous and aligned from block to block within the subdivision and with adjoining subdivisions. Easements which do not lie along rear or side lot lines shall be at least ten feet wide unless otherwise approved by the city.

B. Easements for unusual facilities such as high-voltage electric transmission lines, drainage canals or pondage areas shall be of such width as is determined to be necessary by the public works director for the purpose, including any necessary maintenance roads.

C. If a subdivision is traversed by a watercourse, such as a drainageway, channel or stream, there shall be provided a perpetual stormwater easement or drainage right-of-way conforming substantially to the seasonal high-water line of the watercourse and of such further width as will ensure protection of water-carrying capacity and access to the watercourse for maintenance of capacity. Such recorded easement or right-of-way shall be measured from the centerline of the watercourse and shall give to the appropriate authority access for purpose of maintenance of water-carrying capacity. Such easement may not be necessary where buffers are required by Chapter 15.02 KMC.

D. A pedestrian walk right-of-way not less than ten feet wide shall be provided through approximately the midpoint of any block exceeding one thousand feet in length where such a walk is deemed essential to provide circulation or pedestrian access to schools, playgrounds, shopping centers and other community facilities.

A. A drainage system satisfactory to the public works director shall be required in all subdivisions. Such system shall conform to specifications of the public works standards. Underground storm sewers or drainage ways connecting or intended to connect in the future to storm sewers or drainage ways outside the subdivision may be required by the director.

B. The drainage conveyance system shall be installed in the street rights-of-way. Storm sewer location shall conform with the public works standards.

C. The developer may be required to replace or make improvements to storm sewers and other drainage systems off the subdivision site.

A. All subdivisions shall be designed and constructed to follow natural contours to the extent feasible. Where extensive grading involving a majority of the site is unavoidable and necessary to create home sites and install required infrastructure, such admission shall be clearly indicated to the planning commission and city council during the preliminary plat application process. The applicant shall mitigate for extensive grading by incorporating landscaping, recreational amenities and other design elements into the project.

B. Prior to the city's acceptance of improvements, all land to be dedicated in the subdivision outside of open space and buffer areas, shall be cleared and grubbed of downed trees, snags, brush, rocks, roots, rubbish and other debris and holes created by grubbing suitably filled with other than the debris, to the satisfaction of the director.

C. All street rights-of-way shall be graded to their full width so that streets and sidewalks are constructed on the same plane. Where a street intersection involves cut embankments or vegetation inside a lot corner that may create a traffic hazard by limiting visibility, the subdivider may be required to cut such ground or vegetation in connection with the grading of the right-of-way to provide an adequate sight distance.

A. Lot size averaging is permitted in the low-density residential R-1 zone subject to the following standards:

1. Under the average density option, lots may be reduced in size below the minimum R-1 lot size standard; provided, that the average lot size of the total number of lots created is not below the minimum lot size standard, and the smallest lot is not less than five thousand square feet in area. Under this option, up to thirty percent of the proposed lots may be reduced in size in support of open space preservation, greater environmental protection and increased recreational opportunities. At the option of the city, up to sixty percent of the proposed lots may be reduced in size accordance with the above standards, when significant open space, landscaping, increased stream and/or wetland buffers, voluntary design standards, view protection, minimization of light pollution, inclusion of wildlife corridors and minimization of mass grading and clearing are included in the proposal. The minimum lot width and lot depth standards of KMC Title 17 may be reduced to accommodate the provisions of this section for the applicable lots utilizing the average density option. Common open space, including parks and recreational areas, may be set aside for use by the residential lot owners and such common land may be included in determining the average lot size of the lots to be created. Street rights-of-way, utility tracts and stormwater tracts shall not be used in determining the average lot size. Open space is as defined in Title 17. All fractional units pertaining to the percentage of lots eligible for lot size averaging shall be rounded upward.

2. The location, size and use of common land proposed to be set aside for open space shall be reviewed and approved by the planning commission and city council as part of the plat review process. Open space shall be protected in perpetuity.

3. Maintenance of common open space shall be guaranteed by trust indenture or a similar means of contract approval by the city council. Such instrument shall be filed with the Cowlitz County auditor simultaneously with the recording of the final plat. In the case of subdivisions proposing large tracts of or intensive use of common open space, the council may require a property owners association to be established and operated. If the council deems proposed common open space necessary and appropriate for a public park to address needs created by the subdivision, it may require that the open space be dedicated to the public.

The planning commission and city council shall review the need for park development when reviewing preliminary subdivision plats and may require the developer to dedicate land for park development and construct improvements thereon as a condition of approval in accordance with this title. Applicant-paid park improvements shall be constructed prior to final plat approval, unless otherwise approved by the city. As agreed to by the city, a fee in lieu of park land dedication proposal may be considered in accordance with RCW 82.02.020 and such fee shall be paid prior to final plat approval, unless otherwise authorized by the city. The developer should meet with the Kalama park board prior to final park design to review preliminary recreation proposals.

A. Plats shall be designed to preserve and enhance significant natural features and resources, including but not limited to natural contours, watercourses, marshes, scenic points and views, large trees, natural groves, rock formations, and sensitive areas; to be compatible with aesthetic values of the area; and to reflect natural limitations inherent in the property. Mass grading shall be limited to the minimum necessary to construct site infrastructure and provide a typical home site.

B. Plats shall be designed to minimize impacts on adjacent properties and on off-site or citywide public facilities and services, such as streets, drainage ways and storm sewers.

C. Plats shall be designed to preserve to the extent possible significant trees as defined by Section 16.04 KMC and as more specifically set forth in this section. When the preservation of at least twenty percent of significant trees, inclusive of those found in preserved critical area buffers and open space or recreation tracts, is deemed not feasible, the subdivider shall mitigate for the loss of tree canopy by incorporating additional landscaping, tree plantings and/or buffer enhancements (if applicable) or through other means as approved by the city. Significant trees that will remain on-site shall be protected during construction through the use of fencing, rock wells and other means that provide protection corresponding to the drip line of the tree(s), which is the vertical projection of the foliage at its greatest circumference. Assurances shall be provided to ensure the long-term protection of significant trees, or trees planted as mitigation, via notations on the final plat and within recorded covenants. Exemptions may be included to allow removal of those trees deemed dangerous or hazardous to public health, safety and welfare by a professional arborist.

D. Cut-and-fill embankments for streets shall be seeded to provide a soil-holding vegetative cover or otherwise protected against erosion.

E. Utility/Planting Strip Required. The developer shall be responsible for ensuring that, prior to issuance of an occupancy permit for a lot, the utility/planting strip abutting the curb adjacent to the lot is planted in grass or other approved landscaping and with street trees. Unless otherwise approved, all subdivisions shall include a planting strip between the sidewalk and curb. The planting strip should be a minimum of three and one-half feet in width for local access streets or as approved by the director. The plantings shall include street trees per the following standards:

1. Shall be at least five feet in height at time of planting and be spaced at approximately thirty-foot intervals on center;

4. Shall be at least thirty feet from any corner where curb lines intersect; and shall be planted and maintained in accordance with the APWA specifications.

1. Fences, hedges or landscaping buffer strips shall be installed to separate residential zoning districts from commercial or industrial zoning districts or uses in conformance with the zoning ordinance standards.

2. In the case of residential subdivisions abutting major arterials, the subdivider shall provide a buffer strip a minimum of ten feet wide along the property line abutting the arterial. Hedges or trees shall be planted in the buffer strip of a height that will become a solid, effective sight screen within three years, unless existing vegetation provides substantial screening.

3. Fencing may be required to limit access to areas that may be hazardous to the public, including stormwater detention ponds and facilities. Landscaping shall be required along the perimeter of the fence and may include a mix of trees and shrubs.

A. If the preliminary plat was approved as a phased subdivision, then the final plat may be submitted in corresponding phases.

B. The city council may attach conditions to the approval of a phased subdivision to ensure the timely and orderly completion of the entire subdivision.

C. A preliminary plat approved by the city council which was not submitted for phased development, shall not be broken into phases at the time final approval is sought unless the approved preliminary plat is modified in accordance with this title.

A. Agreement on the city's part to invoke the process set out in either RCW 35.72 or RCW 35.91 is declared to be strictly discretionary with the city and the city's denial of such a request shall establish no rights of action on the part of any potentially benefiting developer whatsoever. Further, the process for latecomer reimbursement for any type of improvement shall not be deemed commenced until the city council, by majority vote, has accepted the application of a developer.

B. As a condition to applying for a latecomer reimbursement contract, the applicant shall be required to execute a disclaimer acknowledging that the city shall not be liable for contribution or damages in the event the developer does not recoup contribution from latecomers due to lack of development or neglect by the city in collecting the contribution. Such disclaimer shall not be construed, however, to imply that the city is not obligated to distribute actual amounts collected from latecomers to the developer.

1. A nonrefundable application fee as established by resolution of the city council shall accompany any such application. Water and sewer facilities to be installed simultaneously may be combined in one application. Application for street projects must be separate and shall require a separate application fee.

2. In the event the city council accepts the application, a processing fee shall be established for each application which shall be no less than two hundred fifty dollars. Such fee shall be established by the city council.

D. The processing of latecomer contract requests shall be in compliance with the policies and procedures prepared by the public works director and approved by the city council.

1. It shall be the responsibility of the subdivider to construct and install permanent and interim improvements required by this chapter or otherwise required by the city council within the boundaries of the approved preliminary plat, with the expense of making such improvements to be borne solely by the applicant. However, the city council may form a local improvement district when an improvement will serve a wider area than the subdivision alone. Work performed within current or future public right-of-way shall comply with the bonding requirements of this section and the public works standards and this section. For improvements located outside of current or future public right-of-way, the director may require the developer to submit quarterly or less frequent status reports indicating construction progress (drawings may also be required), when deemed necessary to protect the public health, safety and welfare.

2. Construction, repair, expansion, improvements or other provision of off-site improvements required by the city council as part of preliminary plat approval shall be the responsibility of the applicant, unless the city council resolves to share the responsibility and cost with the applicant or to create a local improvement district to bear the entire cost or a portion thereof.

3. The city council may defer construction or installation of any improvement required by this chapter when in its judgment future planning considerations, lack of connecting facilities, or other circumstances make the improvement inappropriate at the time. In such event, the council may require one or more of the following prior to final plat approval:

a. That the applicant dedicate land for future construction or installation of the improvement;

b. That the applicant pay to the city their share of the cost, as estimated by the public works director, of constructing or installing the improvement at a later date; said payment shall be held in an account reserved for future improvement, and any unused portion shall be returned to the subdivider; and/or

c. That the applicant post a bond or other security in conformance with this chapter assuring completion of said improvement by the applicant at the demand of the city.

1. Permanent Improvements. No final plat shall be approved by the city council unless one or a combination of the following methods assuring completion and maintenance of permanent improvements required of the subdivider is satisfied:

a. All improvements of the subdivider have been completed by the subdivider to the satisfaction of the public works director; or

b. The subdivider posts a plat performance bond, in an amount and with surety and conditions satisfactory to the city, in a form approved by the city attorney, 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 bond. All bonds must be consistent with the standards of this chapter and the public works standards; or

c. The subdivider submits a letter of credit from a bank, on a form approved by the city attorney, authorizing a draft from the bank for an amount sufficient to assure satisfactory completion of improvements; said letter shall be accompanied by an agreement between the subdivider and the city as set forth in this section; or

d. The subdivider submits a certified or cashier's check or assignment of funds, on a form approved by the city attorney, securing to the city the satisfactory completion of the incomplete portion(s) of the improvements required of the subdivider. Such check or assignment shall be made payable to the city, and shall be accompanied by an agreement between the city and subdivider as set forth in this section.

2. Maintenance Bonds. In addition to the above, the city shall require the posting of a maintenance bond, in a form approved by the city attorney, securing to the city the successful operation of improvements for two years after final plat approval or acceptance of the improvements by the city council for ownership and maintenance, whichever is later. The maintenance bond shall be for fifteen percent of the cost of the improvements.

3. Interim Improvements. In any case when a subdivider is required to construct an interim improvement, one or a combination of the forms of security set forth in this section shall be required to assure maintenance of the interim improvements until the permanent improvements are constructed, and, at the appropriate time as determined by the public works director, removal of the interim improvement.

1. Any plat performance bond or other security posted in conformance with this chapter shall be subject to the conditions of this section. In the event of personal bonds, letters of credit, checks or assignments of funds, there shall be executed a formal agreement between the city and the subdivider prior to final plat approval fulfilling the conditions of this section.

2. The improvements to be completed and maintained, and in the case of interim improvements, the improvements to be maintained and removed by the subdivider shall be specified in the bond or agreement.

3. The amount of any bond or other security posted or submitted shall be at least one hundred fifty percent of the cost of completion of improvements as estimated by the director. In the event of interim improvements, the amount shall include the cost of their completion, maintenance and removal as estimated by the public works director. The subdivider may provide cost estimates to the director.

4. The period in which improvements must be completed shall be specified in the plat performance bond or agreement, which period shall not exceed eighteen months from date of final plat approval. Requests for extension shall be made to the planning commission for consideration at a public meeting and shall require a recommendation from the public works director. The commission shall determine whether sufficient progress has been made and good faith indicated to warrant an extension. The commission shall forward a recommendation to the city council, which shall have sole authority to grant extensions.

5. Any plat performance bond or agreement shall provide that in the event the specified improvements are not completed within the time limit, the city may declare the bond or agreement to be in default, may complete the work to city specifications, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner of the security. If the amount of the plat performance bond or other security is less than the cost incurred by the city, the subdivider shall be liable to the city for the difference. If the amount is greater than the cost incurred by the city, the city shall release the remainder. In the case of any suit or action to enforce provisions of this chapter, the subdivider shall pay to the city all costs incidental to litigation, including reasonable attorney fees.

6. Any plat performance bond or agreement posted or secured under this chapter shall be binding upon the subdivider, their heirs, successors and assigns.

7. Inspection, Maintenance and Removal. Any plat performance bond and any agreement accompanying other secure methods shall include inspection costs.

1. Improvements shall be inspected by the public works director or designee at the start, during, and at completion of construction and installation. The person, firm or contractor actually performing the work shall notify the director at least twenty-four hours in advance of commencing operations or commencing any construction phase.

2. After completion of improvements, the subdivider shall reimburse the city for the actual cost of the inspections. The city shall have authority to invoke any bond or other security posted by the subdivider to recover actual inspection costs from the subdivider, surety company, bank or cosigner or to seek other remedy.

3. As assurance against defective workmanship or materials employed in the construction or installation of permanent improvements dedicated to the public, the subdivider at his expense shall be responsible for maintenance of and correction of any defects in said improvements for a period of two years following certification of completion by the public works director. If improvements are not maintained or if defects are not corrected as requested by the director, the city may invoke any bond or other security posted by the subdivider, may cause the work to be done, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner, or may seek other remedy.

4. The subdivider shall be responsible for maintenance of interim improvements, and, at the time deemed appropriate by the public works director, for their removal. If interim improvements are not adequately maintained, and at the appropriate time removed, the city may invoke any bond or other security posted by the subdivider, may cause the work to be done, and may recover the full cost thereof from the subdivider, surety company, bank or cosigner, or may seek other remedy.

E. Issuance of Building Permits. No building permit shall be issued prior to final plat approval and until site improvements and infrastructure is deemed adequate by the city. No occupancy permit shall be issued prior to satisfactory completion of required improvements unless otherwise bonded for and approved by the city.

F. As-Built Plans. After completion of all required improvements but prior to acceptance of completed work by the public works director, the developer shall furnish the director with an acceptable set of reproducible plans indicating the as-built condition of the work. Such plans shall show all changes, additions and deletions in alignments, grades and other engineering detail from the original detailed construction plans, all of which shall be certified by an engineer registered in the state of Washington responsible for the work.

A. To provide opportunities for unique development designs and the ability to accommodate site constraints, the city council, upon recommendation from the planning commission, may consider modifications to the adopted standards of this title, including the public works standards, if the applicant demonstrates that all of the following criteria are met:

1. There are topographical or physical conditions such as steep slopes, wetlands, water area structures, streets, utilities, lot patterns, street patterns or other conditions that justify departure from strict adherence to the standard to be modified; and

2. That the modification is consistent with sound engineering principles and it will be safe, practical and efficient; and

3. That the proposed modification is consistent with the intent and purpose of the standard being modified; and

4. That the proposed modification is consistent with the goals and policies of the comprehensive plan.

B. Requested modifications shall be included in the preliminary plat application and will be reviewed concurrently with the preliminary plat application. An applicant proposing to vary from this title and/or the public works standards shall provide an analysis detailing probable impacts that would result if a modification was not approved. A visual representation and/or drawing shall be included, as applicable.

C. Variances to Title 17 (Zoning). Requested zoning variances that are submitted and processed in conjunction with a preliminary plat shall be reviewed and a decision issued concurrently by the city council utilizing the criteria above and KMC Chapter 17.52. A single combined public hearing notice and notice of application/SEPA notice should be utilized.

The provisions of this chapter shall apply to plat vacations and plat alterations pursuant to Chapter 58.17 RCW. These provisions are for those plats that have received final approval and have been recorded.

2. A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of original approval;

4. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

5. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

A. An application for a plat vacation will be considered by the hearing examiner as prescribed in Chapter 2.34 KMC.

B. The plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the hearing examiner sets forth findings that the public use would not be served in retaining title to those lands.

C. When the vacation application is specifically for a city street vacation, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under Chapter 35.70 RCW, Chapter 35.79 RCW, or the city's street vacation ordinance.

E. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

2. A copy of the approved plat sought to be altered together with all plat amendments recorded;

3. Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels sites or divisions in the subject subdivision or portion to be altered; and

4. 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 the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

A. An application for a plat alteration will be considered by the hearing examiner as prescribed in KMC Chapter 2.34. B. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

C. After approval of the alteration, the hearing examiner shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the mayor shall be filed with the county auditor to become the final plat of the property.

The purpose of this chapter is to establish procedures for the approval of boundary line adjustments in order to ensure that such divisions of land are accomplished in an orderly manner, with proper records established, and in compliance with applicable laws.

This chapter is adopted pursuant to the authority of RCW 35A.63.100, Chapter 58.17 RCW, and laws of the state of Washington.

An applicant for a boundary line adjustment shall submit an application including the following:

A. A map to scale of not less than one inch equal to one hundred feet which depicts the existing property configuration, including all lot line dimensions, lot sizes and showing the location of water and sewer connections and street access;

B. A map which depicts the proposed property configuration, including all lot line dimensions, and showing the location of water and sewer connections, street access, and existing buildings;

C. That map shall show property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line;

D. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor;

A boundary line adjustment is approved or denied administratively after review by the director of public works, building official, and city planner. Once a completed application has been submitted to the city and the fees paid, the city shall approve, deny or request additional information from the applicant within thirty days and shall notify the applicant in writing.

A. No additional lot, tract, parcel, site or division will be created by the proposed adjustment;

B. Except as provided in subsection F below, the proposed adjustment would not create a lot which contains insufficient area and dimensions to meet the minimum requirements of the zone in which the affected lots are situated per Title 17 KMC;

C. Except as provided in subsection F, the proposed adjustment would not cause an existing structure to fail to comply with required setbacks;

D. No lot is created or modified which does not have adequate access to or means to obtain drainage/stormwater control, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose;

E. The lots involved in the adjustments are contiguous legally created lots; and

F. For adjustments among two or more lots in which one or more of the lots involved in the adjustment is smaller than the current zoning classification, the adjustment would allow a lot to more nearly conform to the lot size of setback requirements of Title 17 KMC or create more feasible building lot configurations. For example, a smaller lot may be made larger by reducing the size of a larger lot so that, on balance, greater conformity is achieved. The degree of nonconformance on existing nonconforming lots with respect to zoning dimension and area standards and zoning setbacks may not be increased.

A. The applicant shall cause a survey map to be prepared and recorded with the Cowlitz County auditor's office on reproducible mylar material at least eighteen inches by twenty-two inches. At a minimum, the mylar shall contain the following information:

2. Old property lines and dimensions as dashed or broken lines, new property lines and dimensions as solid lines;

3. All property lines shall be fully dimensioned, with the area calculations for each lot noted on the face of the plat;

5. Names of all affected property owners, and addresses of affected parcels. If a parcel is vacant, an address will be assigned by the city;

6. Building locations, building setbacks (distance from existing structures to nearest property lines), location of easements, utility connection points and public and private streets;

B. Legal descriptions shall be prepared for each lot after the boundary has been relocated, and the legal description for each lot shall be placed on the face of the survey map.

C. Any previous short plat or boundary line adjustments shall be noted on the survey map in the title block or plat notes.

D. The survey map shall contain a surveyor's certificate consistent with RCW 58.09.080 and all other certificates and other information required by Chapter 58.09 RCW.

E. On the face of the survey map, the language of any and all covenants, deed restrictions, or other property use limitations on the property shall be set forth, together with the volume and page where such language is recorded.

G. The recording of a lot line adjustment does not constitute a transfer of title. The owners of the parcels affected by a boundary line adjustment must complete and record a deed of conveyance. A lot line adjustment does not become effective until it and the appropriate deeds are recorded with Cowlitz County. Copies of all recorded documents shall be forwarded to the city.

The boundary line adjustment application shall expire if it has not been recorded within two years from the date of approval. Upon written request from the applicant prior to the expiration date, the administrator is authorized to grant one extension, not to exceed one year.

Any person aggrieved by a decision of the city under this chapter, may appeal the decision to the city council in the manner described in KMC Section 17.12.050.

This chapter shall apply to "horizontal property regimes" (condominium subdivisions), including the conversion of rental apartment buildings with five or more units to condominiums. Establishment of a condominium subdivision is also subject to RCW Chapter 64.32, zoning ordinance standards, and the application procedure and approval/disapproval regulations set forth in this title unless exempted. However, applicants for conversion of rental apartment buildings need submit only a proposed final plat and meet all building code requirements as determined by the building official.

A. Vertical Plane Datum. Plats for condominium subdivisions shall show three dimensions with elevation related to USGS and USC&GS datum.

B. Dimensions. Dimensions shall be in feet and inches conforming with architect's drawing and shall be at a scale of not more than five feet to the inch.

C. Benchmarks. Two permanent benchmarks must be set on or near the building at ground level for future reference in locating units in the subdivision.

D. Elevations. The vertical position or positions of the plan of each floor or ceiling in any space unit shall be referenced to its elevation above USGS or USC&GS datum and shown on the face of the subdivision plat as floor elevation. A note should appear on the plat denoting reference plane for elevations.

E. Descriptions. Each floor plan of the permanent structure must be shown as well as basement and roof levels and area of subdivision plan. The dimensions and ties shown for each parcel must be definite enough with respect to both vertical and horizontal control so that the boundaries of each apartment may be accurately located by the use of standard survey methods.

F. Unit Lines. All units of apartment property lines shall be on the interior surfaces of the perimeter walls, floors, ceiling, windows and doors thereof.

G. Unit Numbers and Names. Apartment numbers and the subdivision unit numbers must be the same. The subdivision name and apartment building names must be the same.

H. Certificates. The condominium subdivision must contain all of the certifications and approvals required for any subdivision. Dedications of public areas and facilities and the grant to apartment owners of private easements in common areas and facilities shall be of sufficient quantity and quality to conform with minimum requirements and laws relating to fire, health and safety.

I. Percentage of Unit Interest. The percentage of undivided interest must be shown on the subdivision as well as in the declaration. The percentage should be expressed in decimal form. Any change of percentage interest shall be filed for record with the Cowlitz County auditor, and the auditor shall file a separate document of any such amendment with the date thereof.

J. Declaration. A declaration, the instrument by which the property is submitted to provision of the state law, must be filed at the time the plat is filed.

K. Notice of Bylaws. The bylaws under which the building, constituted as a condominium, is administered should not be a part of the subdivision. The current bylaws shall be recorded in the office of the Cowlitz County auditor. Reference to the general index or receiving number and to volume and page where the bylaws are recorded shall be included in any instrument of transfer of any or all units as a restriction on the title of such units.

The intent of this chapter is to promote greater flexibility and, consequently, more imaginative design for the development of residential areas than generally is possible under conventional zoning and subdivision regulations. It is further intended to promote more economical and efficient use of land while providing for a harmonious variety and grouping of housing types, a higher level of urban amenities, the use of solar energy and conservation design principles, and preservation of open spaces and areas identified or believed to be hazardous for development. The planned unit development (PUD) option offers the developer increased density, lower costs, permissive variation in zoning and subdivision standards, and opportunities to carry out architectural and energy conservation themes, in return for which the city realizes higher quality living environments with lower energy demands than normally obtained by traditional subdivision development.

These regulations may be invoked at the option of the developer and with the approval of the city in all residential use districts; provided, that in furtherance of the comprehensive plan, the city may require subdivisions in areas of geologic hazard or steep slope to comply with this chapter.

1. The combination of permitted and accessory uses listed in the zoning ordinance for residential use districts together and including condominiums, which shall also be subject to Chapter 16.16 of this title;

2. Recreational facilities, including but not limited to tennis courts, swimming pools, playgrounds, golf courses, trails and structures accessory to such facilities;

Subject to the limitations specified as minimum requirements below, the standards of the zoning ordinance concerning minimum lot size, width, depth, frontage, coverage, setbacks, building height, distance between buildings, and outdoor living areas shall not apply to PUDS, except as a guide. Use of the procedure provided in this chapter superimposes each approved PUD on the underlying zoning district regulations as an exception to such regulations to the extent that each approved PUD shall modify and supersede the regulations of the underlying zoning district. The city's public works standards may be modified in accordance with this title.

A. Parcel Size. There is no required minimum size for a parcel of land to qualify for application of this chapter. However, parcels generally should be at least one and one-half acres in size.

B. Site Coverage. The percentage of coverage of the gross acreage by buildings and structures, exclusive of streets, shall not exceed fifty percent.

C. Distance Between Buildings and Privacy. The distance between buildings designed for multifamily residential use shall be at least twenty feet. However, every PUD shall provide reasonable visual and acoustical privacy for dwelling units and surrounding properties. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of the property and surrounding properties, for the screening of objectionable views or uses, and for reduction of noise. Building spacing requirements may be increased when light to neighboring structures or property otherwise would be substantially reduced.

D. Building Height. Buildings shall not be more than three stories high or more than thirty-five feet in height, except that a greater height may be approved if surrounding open space is increased or other design features are used to avoid any adverse impact or loss of privacy due to the greater height.

E. Setback Along Perimeter of Development. The perimeter of the development shall be aesthetically compatible with the land uses of adjoining properties. Existing uses adjacent to a PUD shall be afforded reasonable privacy and protection. Structures located on the perimeter within the development must be set back at least the distance pertaining to the zone in which the development is located. Screening by means of fences, walls, buffer strips or greenbelts should be considered and may be required to afford protection to adjacent property comparable to that otherwise required by the zone. The method of screening, however, should not, if at all possible, shade south-facing walls and roofs of residences on adjacent properties.

Improvements of a public nature shall be dedicated or reserved to public uses and designed and constructed in accordance with this title. Improvements of a public nature include streets, sidewalks, water and sanitary sewer lines, storm sewers and other drainage devices or ways, street lights and electric, gas, telephone, and television lines and cables. However, the city council may permit streets to be built to a lesser standard if:

A. The proposed street design and construction is acceptable to the city fire chief or fire district representative, police chief and public works director;

B. The proposed circulation system provides for separation of vehicular and pedestrian circulation patterns and for adequate off-street parking facilities;

C. The street design will further the purposes of this chapter for design innovation and better living environments;

D. The design and construction are adequate to protect the public health, safety and welfare of the entire city.

A. Every PUD shall provide off-street parking spaces, which shall conform to the zoning ordinance with respect to number, size, location, surfacing and lighting. In addition, the following standards shall apply:

1. Parking areas shall be so arranged as to prevent through-traffic to other parking areas;

2. Parking area shall be screened from adjacent structures and streets with hedges, dense planting, earth berms, changes in grades, fences or walls;

3. No more than fifteen parking spaces shall be permitted in a continuous row without interruption by landscaping;

6. Area for storage of boats, recreational vehicles and other equipment shall be screened and fenced. These areas should be located in shaded areas and other locations which are not suitable for solar access to buildings;

7. Parking areas shall be located, if at all possible, on the northerly side of buildings, in shaded areas and in locations which are not suitable for or will not diminish solar access to buildings.

A. General. Open space is an essential component of the PUD. While no specific amount or percentage of open space is required, no PUD shall be approved without significant provision of usable open space. Provision of open space in PUDs shall be guided by and shall conform to the definitions and guidelines of this section.

B. Open Space Defined. For the purposes of this chapter, open space is improved or unimproved area that is: (1) designated and maintained for active or passive recreation, other activities normally carried on outdoors, visual buffering, or for preservation in a natural state because of natural assets or unsuitability for development, and (2) not covered by buildings, parking structures, parking lots or accessory buildings, except that structures appropriate for the authorized recreational use of the open space may be sited on the open space and used to conserve or enhance the amenities of the open space. Additionally, landscaped roof areas that are devoted to recreational or leisure-time activities, freely accessible to residents, structurally safe, and adequately surfaced shall be considered open space. Open space does not include street right-of-way, parking lots or yards in platted lots.

1. Most of the total area designed as open space should be contiguous rather than scattered around the development in small parcels and should be accessible to all residents.

2. The area of any parcel designed for active recreational use shall not be less than six thousand square feet nor less than thirty feet in width or length.

3. Areas documented in geologic reports prepared pursuant to Section 16.40.020 of this title as being hazardous or probably hazardous to develop shall be reserved as unimproved open space.

4. While it is the intent of this chapter that areas unsuitable for development because of identified or probable hazard or steep slope be included in the open space, it is also the intent that the PUD design be superior in the amount of usable space for recreational activity.

5. The amount, use and character of the open space shall be appropriate for the expected population and number and type of dwelling units.

6. If a PUD is to be developed in phases, the development schedule shall coordinate the provision and improvement of the open space with development of the area for residential buildings, so that no phase shall be without significant amount of open space. The council may require a certain amount or certain sites of open space to be provided with any development phase.

D. Open Space Ownership and Maintenance. All area shown as open space on the plats and site plans required herein shall be conveyed and maintained under the following options:

1. If open space is suitable for general public use and a public agency agrees to maintain it, the open space, including any buildings, structures or improvements thereon, may be dedicated to the public;

2. If open space is appropriately intended for use solely of the residents of the development, it shall be conveyed to an association of property owners created as a nonprofit corporation under the laws of the state, through which the property owners shall own undivided interest in the open space. In such case, the developer shall file with the city copies of the articles of incorporation and bylaws of the association. In addition, the developer shall present for recording with the final plat a declaration of covenants acceptable to the city council and city attorney, which covenants shall provide for the following:

a. The property owners association will be established by the developer before any properties in the PUD are sold,

b. Membership in the association will be automatic and mandatory for each property buyer and any successive buyer,

c. Use of the common open space will be restricted as shown on the approved final plat and final site plan, and the restrictions will be permanent, not just for a period of years. In lieu of a covenant permanently restricting use of the common open space, the developer may convey and the city may require conveyance of the development rights to the city,

d. The association will be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities,

e. Property owners will pay their pro rata share of the cost of the insurance, taxes and maintenance. The assessment levied by the association can become a lien on the property, and foreclosures can be instituted to collect defaulted payments,

A. Determining Permitted Density. The density of dwelling units in a PUD shall be in accordance with the gross density allowed in the zone or zones in which the PUD is proposed. However, where there is excellent project design and open space provision, an increase in gross density up to ten percent greater than the maximum allowed in the zone or zones may be allowed. Up to an additional twenty percent increase in gross density may be allowed if energy conservation and solar access criteria are met (subsection B of this section). This density bonus may be applied and granted independent of the other density bonus criteria. In determining whether a density bonus is appropriate, the commission and council shall evaluate the PUD proposal against the criteria listed below. For a proposal to qualify for a full ten percent bonus, it must be determined by the council that the criteria are met or can be met by observance of conditions. A lesser bonus to a degree deemed appropriate may be allowed if some of the criteria are satisfied.

a. Residential streets are oriented east-west with no greater deviation than twenty-five degrees therefrom;

b. Significant recreation areas are developed and equipped with such features as trails, landscaped open areas, ponds, pools, tennis courts, children's play areas, etc.;

c. A significant portion of the open space is well drained, of minimal slope, and easily accessible;

a. Provision is made for an internal bike and pedestrian system obviously separated from heavy auto traffic;

b. If multifamily dwellings are proposed, parking lots are covered or provided under buildings;

c. Parking lots are small (ten to twenty spaces in a group) and interspersed with landscaping.

a. A variety of housing types and architectural styles are provided allowing for a range of prices and rents;

b. Seventy percent of subdivided lots, if any, are oriented with north-south axes within twenty-five degrees of true south; or

c. Residential and community buildings are oriented primarily with the long axes running within twenty-five degrees of true south regardless of lot orientation or otherwise sited to enhance solar access; or

d. Sixty percent of the residential buildings and any community buildings in the ultimate development incorporate active or passive solar systems and passive solar design. These criteria shall be entitled to an automatic ten percent density bonus and shall be recorded on the final plat as a deed covenant for those lots best sited for these buildings. The applicant must submit proven design plans for such buildings;

e. Dwellings are grouped, attached or detached, in clusters around open space or in townhouse arrangements or zero lot line development is incorporated (Section 16.18.100 of this chapter);

f. Taller buildings are located north of shorter buildings and the overall location and bulk of buildings do not cast shadows on south-facing walls and roofs between ten a.m. and two p.m., on January 21st;

g. Areas of greater density than is otherwise permitted in the zone are adequately screened or set back from perimeters to assure compatibility with adjacent land uses.

a. Water and sewer lines lie within or adjacent to the site and the city's treatment systems can accommodate the projected load increase without stress. Fire flow standards can be met;

b. Traffic generated by the development will not have substantial impact on existing local streets in the surrounding area;

c. If off-site public facilities or services due to be affected by the project are inadequate, the developer in some manner deemed appropriate by the director of public works and council provides for off-site improvements.

5. A detailed landscaping plan is provide that provides for significant site improvements;

6. Covenants. The plat or other officially recorded map contains a deed covenant stating in effect that the city required that no buildings will be constructed or landscaping installed or managed which will block solar access to south-facing walls and roofs between, at least, ten a.m. and two p.m., PST, on January 21st. If active or passive solar systems and design are incorporated, deed covenants will be provided for each affected lot and shall state that solar access will be preserved to the system or design between, at least, ten a.m. and two p.m., PST, on January 21st.

A. Nature and Purpose. Zero lot line development is one siting approach consistent with the intent of this chapter. For the purpose of this chapter, zero lot line development is an approach whereby a single-family detached dwelling is sited on one side lot line with no side yard provided, and the dwelling on the lot abutting the zero lot line is sited on its side lot line farthest from the zero lot line. The approach is shown in Figure 16.18.100-1. The intent of this section is to provide for a housing design befitting small lots and higher density, to encourage increased usable yard on a lot, and to allow flexibility in housing development.

B. Standards. To ensure adequate light, air, privacy and maintenance, zero lot line development shall be subject to the standards herein. For single-family detached dwellings to be located on a side lot line with no setback, the following conditions shall apply:

1. The lot adjacent to the zero setback side yard shall be under the same ownership at the time of initial construction.

2. The side yard setback on the lot adjacent to the zero setback side yard shall be at least ten feet.

3. The side yard setback on the lot adjacent to the zero setback side yard shall be kept perpetually free of permanent obstructions such as a tool shed or a fence without a gate.

4. An easement of five feet in width shall be provided on the adjacent lot for maintenance of the exterior portion of the lot line wall.

5. A lot developed with a zero setback side yard may be as small as four thousand square feet in area and may be as little as forty feet in width at the building line.

6. A lot developed with a zero setback side yard must have no less than one thousand seven hundred square feet of total area unobstructed by buildings.

A. Preapplication Conference Required. Persons seeking approval of a PUD shall be required to participate in a pre-application conference in conformance with this title. In addition to their responsibilities listed therein, the city officials in attendance shall provide to the developer an indication of the feasibility and appropriateness of the project's development under the terms and purposes of this chapter.

B. Preliminary Site Plan and Other Application Materials. Persons desiring approval of a PUD shall submit the preliminary plat copies and supplementary materials required by Chapter 16.08 of this title, and, in addition, the following materials to the city clerk-treasurer:

1. Copies of a preliminary site plan, one copy accompanying each preliminary plat copy. Contents of the preliminary site plan shall be in accordance with Chapter 16.08 of this title;

2. If proposed landscaping cannot be accommodated on the preliminary site plan, a landscaping plan showing trees and ground cover to be retained and planted;

3. Elevation (side view) and perspective drawings of proposed structures, and such other schematic sections, sketches and study models needed to convey the architectural character;

c. How the public will benefit as a result of deviation from the city's underlying zoning regulations,

d. The basic content of covenants that will govern the use, maintenance and continued protection of the development and any common open space, if provided, and assurance of solar access,

e. Timing for the construction and installation of improvements, buildings, other structures and landscaping,

C. Public Review. The preliminary site plan, preliminary plat and supplementary application materials required by this chapter shall be reviewed together by, first, the planning commission and, after recommendation by the commission, the city council. Such review shall proceed in the manner and with the limitations provided in Chapter 16.08 of this title. Notices of public hearings shall include, in addition to the request for preliminary plat approval, the request for approval of a PUD preliminary site plan, and if applicable, requests for approval of landscaping plans and floor plans. Time limitations specified in Chapter 16.08 shall apply, except that, due to the greater complexity and amount of materials necessary for review of PUD proposals, it is hereby declared that by the act of application for approval, PUD applicants shall be deemed to have consented to a reasonable extension of the ninety-day time limitation provided in Chapter 16.08 of this title.

D. Action and Conditions. The commission shall prepare one set of recommendations and findings on the preliminary plat and one set on the preliminary site plan and any landscaping plan and floor plan, for forwarding to and action by the council. For approval of a preliminary plat and the preliminary plans, it must be concluded that the plat and plans are consistent with the purpose and requirements of this chapter and such other zoning and subdivision regulations not inconsistent with this chapter. In consideration of the latitude given to PUDS, the commission and council shall have wide discretionary authority in judging and approving or disapproving PUD plans. The commission may recommend and the council may impose conditions found necessary to prevent detrimental impacts, to otherwise protect the best interest of the surrounding area or the city as a whole, or to further the purpose of this chapter. In addition to conditions otherwise permitted by this title, such conditions may include but are not limited to the following:

1. Limiting the manner in which uses are conducted, including restricting the time an activity may take place;

4. Amending the layout of streets and lots in order to more fully meet the guidelines and requirements of this chapter;

5. Increasing the amount of street dedication, street pavement width or improvements in the street right-of-way;

6. Designating the size, location, screening, drainage system, surfacing or other improvement of a parking area;

7. Requiring greenbelts, buffer strips, landscaping, berms, fences or other means to protect adjacent or nearby property and designating standards for their installation;

8. Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or other resources.

E. Effect of Approval of Preliminary Site Plan and Preliminary Plat. After council approval of the preliminary plat, preliminary site plan, and accompanying material and after submission and director of public works approval of the detailed construction plans, the developer may proceed to install the agreed-upon improvements of a public nature, landscaping and recreational facilities, excluding buildings, or to pursue the other options assuring completion of such improvements, landscaping and recreational facilities set forth in Chapter 16.10 KMC. Such improvements shall conform to the approved preliminary site plan and accompanying materials, preliminary plat and the detailed construction plans.

1. Within the time limits for final plats set forth in Chapter 16.08 of this title, the applicant shall submit:

a. A final site plan containing in final form the information required in the preliminary site plan;

c. Articles of incorporation and bylaws for the property owners association established pursuant to this chapter;

d. Final floor plans of buildings for recreational use and/or passive solar systems and design as granted pursuant, to this chapter;

e. If not included in the final site plan, final landscaping plan showing trees and ground cover to be retained and planted;

2. The final plans and final plat shall conform to the approved preliminary plans and preliminary plat. They shall be submitted, reviewed, and in the case of the final plat and the covenants, recorded, in the manner and subject to the limitations and specifications set forth in Chapter 16.08. Copies of the approved final site plan, covenants, articles of incorporation, association bylaws, resolution of approval, final plat, applicant's written statement of purpose and intent, floor plans, landscaping plans and other supplementary materials shall be filed together in the office of the city clerk-treasurer for the city's permanent record.

1. No building permit may be issued until recording of the final plat and approval of the final site plan.

2. The construction and improvement, including landscaping, of open spaces and recreational facilities and the installation of improvements of a public nature must be complete or nearly complete before any certificate of occupancy for a dwelling will be issued, except that certificates may be issued for model buildings.

3. Applications for building permits shall be in accordance with the approved final site plan (as to location, dimension, height and bulk of buildings) and floor plans of recreational buildings and, if applicable, residential buildings with active and/or passive solar systems. Submission of a new final site plan or floor plan for review by the commission and council shall be required if any major change from the approved final site plan or floor plan is proposed, including any increase in floor space or number of dwelling units, decrease in amount of parking facilities, location closer to boundary lines, or change in points of ingress or egress.

1. The final site plan shall continue to control the PUD after its completion. The use of the land and the construction, modification or alteration of a building or structure within the PUD shall be governed by the approved final site plan.

2. After completion of the PUD, no change shall be made in development contrary to the approved final site plan without approval of an amendment to the plan, except as follows:

a. Minor modifications of existing buildings or structures may be authorized by the building inspector if the modifications are not inconsistent with the purposes and intent of the final plan.

b. A building or structure that is destroyed or substantially destroyed may be reconstructed without an amendment of the site plan if the reconstruction complies with the purposes and intent of the PUD.

3. An amendment to a final site plan may be approved if it is required for the continued success of the PUD, if it is appropriate because of changes in conditions that have occurred since the final site plan was approved, or if there have been changes in the development policy of the city as reflected by the comprehensive plan or related land use regulations.

4. No modification or amendment to a final site plan is to be considered as a waiver of the covenants limiting the use of the land, buildings, structures and improvements within the PUD; and all rights to enforce the covenants against any change permitted by this section are expressly reserved.

5. Application for amendment of final site plans shall be considered by the planning commission consistent with the procedural requirements of this chapter. The commission shall forward recommendations to the council, which shall have sole authority to approve or disapprove amendments.

1. If a developer sells the PUD parcel after preliminary plan and preliminary plat approval, such sale shall not prevent final plan and plat approval, providing that any succeeding owner agrees to comply with the conditions of preliminary approval and the requirements of this chapter.

2. In the event that approval of a preliminary plat and preliminary plans expires because of failure to meet the time limitations set forth in Chapter 16.08 of this title, uses allowed within the parcel shall be controlled by the zoning district designation and zoning regulations.

3. If work on a PUD is abandoned, meaning that the developer has failed to diligently pursue the project and construction and installation of improvements, buildings and other structures will not be completed, approval of the final site plan shall expire and the city shall so notify the owners and subdivision agents. Any uses or structures that have been completed and that are inconsistent with the zoning ordinance shall be deemed nonconforming uses. Any further construction shall be consistent with the underlying zoning designation and zoning regulations.

Construction and maintenance of a new manufactured home park or expansion of an existing manufactured home park shall be in accordance with the standards established by this chapter. Any expansion or modification to a pre-existing/nonconforming manufactured home park shall be completed in compliance with this chapter.

B. Access to any manufactured home park shall not require intensive use of any minor residential streets;

C. Any person or persons operating a manufactured home park must possess a valid permit to do so from the county health department and a valid city business license;

D. Every manufactured home park shall conform with Chapter 76 of the Rules and Regulations of the Washington State Department of Health;

E. Every manufactured home shall be situated on its individual manufactured home space, such space to have an area of not less than one thousand five hundred square feet;

F. Every owner or operator of a manufactured home park shall maintain such manufactured home park and all permanent equipment in connection therewith in a clean and sanitary condition, and shall maintain said equipment in a state of good repair;

G. All manufactured home parks or expansion of same, shall submit, along with accompanying site development plans, proof of compliance with provisions for flood hazard protection as set forth in Chapter 14.16 of this code if applicable.

No buildings or land within the boundaries of a manufactured home park shall be used for any purpose except for the uses permitted by this chapter.

At the time of application for a license for a new manufactured home park or the expansion of an existing park, the applicant shall submit twelve copies of the following required detailed plans and specifications drawn by a licensed engineer:

H. Before construction of any swimming pool, two copies of plans approved by the State Board of Health shall be filed with the city building inspector.

Before a plan is approved for construction of a new manufactured home park or to expand an existing park, the proposed location shall be approved for manufactured home park purposes in accordance with this chapter. The review shall proceed in the manner and with the limitations provided in Chapter 16.08.

The minimum site requirement for a new manufactured home park or expansion of an existing park is as follows:

A. Lot Size. The minimum site shall be three acres, however, this provision shall not apply to expansion of existing parks. The maximum number of acres shall be fifteen.

2. The minimum manufactured home park width adjacent to a street right-of-way shall be one hundred feet.

B. Maximum Height. The maximum height of any structure shall be twenty feet as measured from grade.

C. Buffering. A ten-foot buffer zone shall exist around the perimeter of the park. Buffering or screening with landscape planting, fencing, walls or any combination thereof is required in order to make the manufactured home park compatible with its adjacent surrounding residential or nonresidential area. All fencing or walls shall be a minimum height of six feet. Landscape plantings are required to reach the minimum height of six feet within five years of construction.

1. Each manufactured home space shall have a minimum area of not less than one thousand five hundred square feet. Each manufactured home space shall be a minimum of thirty feet in width and shall abut on a drive with unobstructed access to a street. Such spaces shall be clearly defined. Manufactured homes shall be located in such spaces with a minimum of ten feet between manufactured homes or between a home and any building except storage buildings.

2. Each manufactured home space shall be improved with one patio of concrete or other suitable impervious material having a minimum area of one hundred fifty square feet.

3. Each manufactured home space shall have a stand size equal to or greater than the dimensions of the manufactured home located on the stand.

4. Permanent structures located within any manufactured home space shall be used for storage purposes only, shall have a minimum area of thirty-two square feet, and shall be located not less than six feet from manufactured home. These structures shall be uniform and included in the plans submitted to and approved by the planning commission. Permanent structures shall comply with the International Building Code as adopted.

5. No permanent additions of any kind shall be built on or become a part of any manufactured home. Skirting of homes is permissible but such skirting shall not attach the home to the ground.

6. Any part of any manufactured or demountable manufactured home accessory structure such as cabanas, carports, storage cabinet, awnings or porches, shall be located not closer than five feet from the line of the manufactured home space boundary line.

7. Manufactured homes shall be located not closer than ten feet to any access road right-of-way.

A. Sewer Connections. Every manufactured home park within the city shall connect to city sanitary sewers. This standard applies to any expansion of existing parks.

B. Water. Every manufactured home park or expansion of the same within the city shall be connected to the city water supply system per Section 12.12.010(D) of this code. Each home in the park must have an individual water meter installed and maintained by the park owner. Each home in the park must have an individual pressure reducing valve installed as per the Uniform Plumbing Code, if the supply pressure is in excess of eighty psi.

C. Electric Power. Every manufactured home park or expansion of same within the city, shall supply the necessary public power utilities to each and every unit therein. Such utilities shall be placed underground.

D. Lighting. Access ways and walkways shall be well marked in the daytime and lighted at night with electric lamps of not less than one hundred watts each, spaced at intervals of not more than one hundred feet or a system which provides the same or better illumination.

A. Park service and utility buildings permitted in this district may include but are not limited to the following: swimming pool, tennis court, clubhouse, other type of recreational facility and utility buildings.

B. Where such uses are under a roof or includes a structure, such roof or structure shall not be located closer to any lot line than that required of the principal use.

C. Common areas for the parking and storage of recreation vehicles shall be allowed within the park. The occupation of any recreation vehicle within the park shall not be allowed.

A. Access roads shall be provided to each manufactured home space, shall be continuous and shall have a minimum width of twenty-five feet with a minimum total width of thirty-six feet for exterior street connections, which shall connect with a major arterial street. Access road design shall be approved by the city fire marshal or fire district representative and the director of public works.

B. No access road approach or curb cut providing entrance to or exit from a manufactured home park shall be located closer than fifty feet from any street intersection measured from the street right-of-way lines at the nearest side of the intersection unless otherwise approved by the public works director and city engineer.

C. Access roads and walkways within the park shall be hard surfaced, in conformance with the Kalama public works standards.

D. All public streets or planned dedicated roadways shall be developed in accordance with the Kalama public works standards.

Off-street parking shall be provided with the minimum of two parking spaces for each manufactured home space. In addition, there shall be provided two extra off-street parking spaces for each five manufactured home spaces.

Recreation areas which are provided under this chapter shall be restricted and appropriate for such use. Such areas shall be protected from streets, drives and parking areas. A minimum of one hundred square feet of recreational area for each manufactured home space shall be provided in one or more locations within the park. Each park shall have at least one recreational area that is a minimum of one thousand two hundred square feet.

The standards for fire protection in manufactured home parks of the National Fire Protection Association Code and the following enumerated chapters of the standards of the National Fire Protection Association NFPA, Chapters 5011-A, 501-B are adopted by reference and made a part of this chapter. An appendix for fire safety and regulations shall be conspicuously posted in all manufactured home park offices and in washrooms and on the park's bulletin board. Whenever a new tenant registers with the owner or operator of a park, the owner or operator shall require the tenant to sign an acknowledgment of receipt of a copy of these rules and regulations.

A. Regulate the subdivision of land into four or fewer lots in such a way as to promote the protection of the public's health, safety and general welfare;

B. To ensure the orderly development of the city consistent with the comprehensive plan, zoning ordinances, and state planning statutes;

C. Establish procedures which promote the timely review of short subdivisions in the city; and

D. Enable the conveyance of land, by accurate land description, by reference to an approved short subdivision.

Any division of land for the purpose of lease, rent, sale or transfer into four or fewer lots, tracts, or parcels any one or more of which is less than five acres in area within the city shall comply with this chapter and such subdivision shall be referred to as a short subdivision; provided, that the lots or parcels in short subdivisions approved pursuant to this chapter may not be further divided in any manner for a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. Contiguous common parcels shall be treated as contained in a short subdivision only for determining whether or not the division of land proposed is a subdivision, a short subdivision, or resubdivision. All permits for the development of segregated lots less than five acres in size shall be withheld until the provisions of this chapter are met.

The director of public works or their designee is the administrator of this chapter. The administrator is vested with the duty of administering the provisions of this regulation and is authorized to summarily approve or disapprove short subdivisions. The administrator may prepare and require the use of such application forms deemed essential to assure compliance with this title.

A. Any person desiring to subdivide land with the city into four or fewer parcels for the purpose of sale, rent transfer, or lease shall submit an application for short subdivision approval to the administrator. Applications for approval of short subdivision shall include a map to the scale of not less than two hundred feet but not more than fifty feet to the inch. The application shall include the following:

c. The signatures of the owner or owners and land surveyor of the land to be subdivided,

d. Locations and names of all public or private roads, utilities and community facilities;

2. A survey of the proposed short subdivision specifying all lot and road dimensions, the location of primary control points, the location of all permanent monuments, the length and bearing of all straight lines, curves, radii, arcs and semi-tangents of all curves. The survey shall be completed by a professional land surveyor registered in the state;

3. Critical area determination report, per the determination provided by the director of public works at the pre-application conference in compliance with Chapter 15.02, Critical Area Protection;

4. If the short subdivision constitutes a resubdivision, all lots, blocks, streets, and other divisions of the original subdivision shall be shown by dotted lines in the proper positions in relation to the new arrangement of the short subdivisions;

5. The short subdivisions shall be drawn in indelible ink on a sheet of mylar in accordance with the standards and specifications issued by the Cowlitz County auditor's office at the time of submission, in order that the mylar conforms with all recording requirements of the auditor;

6. The mylar prepared for recording with the Cowlitz County auditor's office shall contain the street address for each parcel of the short subdivision;

7. Short subdivisions including dedications shall include dedications pursuant to Chapter 16.10;

8. Short subdivisions including dedications shall be accompanied by a title report completed by a title insurance company attesting that the land to be dedicated is in fact owned by the signatories of the short subdivision; and

10. Any other requirements set forth in the Kalama public works standards deemed necessary by the public works director including, but not limited to the following a stormwater report, traffic impact study and erosion control plan.

Developers wishing to enter into a latecomer fee agreement with the city for reimbursement for construction of water and sewer facilities must follow the process and policies referenced in Chapter 16.10.

Within fourteen days of receiving a complete short subdivision application, the administrator shall give notice of the application as set forth in KMC Chapter 15.10.

Short subdivisions shall be reviewed by the public works director, city engineer and city planner to assure dedicated streets meet city street specifications and compliance with Chapter 15.02, Critical Area Protection; by the district health officer as applicable, to assure that adequate water and sewage disposal is provided for; by the appropriate public utility district to assure adequate provisions for power, the fire district to assure fire protection and emergency vehicle ingress and egress, and by any other agency or official that the administrator deems appropriate.

A. Short subdivisions which constitute a resubdivision may be considered and approved or denied under provisions contained in this chapter.

B. If, however, the administrator deems it to serve the public interest they may require a public hearing prior to their decision. Further, the administrator may require that such short subdivision be approved or denied by the city council upon recommendation of the planning commission pursuant.

The administrator shall approve, conditionally approve, or deny the short subdivision. The applicant shall be notified of the administrator's decision by regular mail within thirty days from the posting of notice as provided in this chapter. Such action shall be based on a determination that the proposed short subdivision does or does not satisfy the requirements of this chapter, and that the short subdivision will or will not serve the public interest, and that the short subdivision does or does not conform to the city's development regulations, and that the lots created by the short subdivision do or do not conform to the standards of the applicable zoning district. The administrator may require conditions, restrictions or dedications to be placed on the face of the final short subdivision as are deemed appropriate. The administrator's findings shall be in writing. The minimum standards set forth in Section 16.24.160 shall be met.

Upon notice of approval, construction of all required site improvements, and compliance will all conditions of approval, the applicant shall cause the final short subdivision plat to be drawn in indelible ink on a sheet of mylar having dimensions of eighteen inches by twenty-four inches, or approved substitute, and on a standard recorder's plat sheet eighteen inches by twenty-five inches, with a three-inch-wide hinged binding on the left border. The scale may range from fifty feet to the inch to two hundred feet to the inch. All signatures on the mylar and recorder's plat shall be originals. The final short subdivision plat shall show the following information:

B. Boundary lines of the short subdivision tract, with curves and distances marked thereon, as determined by a registered survey made by a professional land surveyor registered in the state, and determined by him to close with an error of not more than one foot in five thousand feet;

C. Lines, including centerlines, and names for all street rights-of-way, other ways, easements and areas intended for public use or granted for use of inhabitants of the short subdivision;

D. The length and bearing of all straight lines, curves, radii, arcs and tangents of curves;

E. Exact width and purpose of rights-of-way, street pavement widths and easements (utility, street, access, etc.);

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

G. The parcel numbers written along the left border of the mylar parallel to the left border;

H. Primary control points and all permanent monuments found or established in accordance with this chapter, with the descriptions and ties to such control points and to which all dimensions, angles, bearings and similar data given on the short plat shall be referred;

I. Section and donation land claim lines within and adjacent to the subdivision;

J. The front yard setback line for every lot in accordance with the zoning ordinance;

M. All dedications of land shown clearly and precisely on the face of the short plat;

N. All open space, facilities and improvements reserved for use of the short subdivision residents and restrictions on their use shown clearly and precisely on the face of the short plat;

O. Statement of the covenants restricting use of short subdivision property or reference to the volume and page where recorded separately;

P. If applicable, reference points to base flood elevations with the base flood elevation listed;

Q. The street address of each parcel lot and lot numbers as correspond with those on the construction drawings of the short subdivision;

R. Dedication, Acknowledgement and Endorsement. The following information shall appear on the final plat, mylar and recorder's plat sheet, lettered and signed in indelible ink:

1. Know all men by these presents ________, the undersigned, as the owner(s) in fee simple of the land hereby subdivided, hereby declare(s) this subdivision and dedicate(s) to the use of public forever, all streets and easements of whatever public property there is shown on the plat and the use thereof for any and all public purposes; also the right to make all necessary slopes for cuts or fills upon the lots, blocks, tracts, etc., shown on this short plat in the reasonable original grading of all streets, shown hereon.

IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this ________ day of ________, 20________.

2. STATE OF WASHINGTON	)
	) ss
COWLITZ COUNTY	)

THIS IS TO CERTIFY THAT on the ________ day of ________ 20________ before me, the undersigned, a Notary Public, personally appeared ________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that ________ (he/she/they) signed and sealed the same as ________ (his/her/their) free and voluntary act and deed for the uses and purposes therein mentioned.

3. I HEREBY CERTIFY THAT the short subdivision of ________ is based on actual survey and short subdivision of Section ________, Township ________ North, Range ________, W.M., that the distances and courses and angles are shown thereon correctly; that property monuments have been set and lot and block corners staked on the ground.

4. I HEREBY CERTIFY THAT the taxes on the land described hereon have been paid to date, including the year _____.

6. Filed for record at the request of ________ this ________ day of ________, 20________, at ________ minutes past ________, and recorded in Volume ________, of Plats on page ________, Records of Cowlitz County, Washington.

7. On short subdivisions only, the face of all short plats shall bear the following statement:

Land within this short subdivision shall not be further divided for a period of five years unless a final plat is filed pursuant to the city of Kalama subdivision code and RCW 58.17.

Signatures required by Section 16.10.110 above for dedications, acknowledgments and endorsements shall be in the following sequence:

Each short subdivision shall be filed by the director of public works with the county auditor and shall not be deemed approved until so filed. A copy of an approved short subdivision shall be submitted to the county assessor and the city. The applicant shall pay the filing and copying fee to the city clerk-treasurer prior to at the time of filing. If the short subdivision is not recorded within five years of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the developer prior to the expiration date, the administrator may grant one extension of not more than one year.

Monuments shall be located at all controlling corners on the boundaries of the short subdivision, and at each corner of each lot within the short subdivision, and shall be marked by three-quarter-inch galvanized iron, or approved equivalent, monument driven into the ground. If the short subdivision included a road dedication, monuments shall be placed as required by the director of public works.

A. No subdivision or short subdivision shall be approved unless the administrator makes written findings that adequate provision has been made for sanitary wastes, and stormwater drainage. On-site sewage systems are prohibited, with the exception of those alternative systems allowed under the exception process in Chapter 12.04 KMC.

B. No subdivision or short subdivision shall be approved unless the administrator makes a written finding that adequate provision has been made for potable water supplies.

C. Cul-de-sacs and dead-end streets shall be developed in accordance with Chapter 16.10 and the public works standards.

D. Streets, curbs and sidewalks shall be constructed as required pursuant to Section 16.10.060 and the public works standards. If the new road will be dedicated to the public, the dedication required shall appear on the face of the plat.

E. All lots shall abut an improved public street and meet minimum frontage requirements.

F. Where possible, all utilities shall be placed underground and all utility installation shall comply with Section 16.10.080.

G. The significant tree standards set forth in Section 16.10.140(C) shall apply to short subdivisions.

H. Sections 16.10.090, 16.10.100, 16.10.160 and 16.10.170 may be applied to short subdivisions, at the city's discretion.

Any lot of a proposed subdivision must be served by city water and sanitary sewer services, with the exception of those lots for which an exception has been granted under Chapter 12.04 KMC. No permanent electrical hook-up or permanent city water service shall be furnished to any dwelling and/or structure in any short subdivision which has not been approved pursuant to the terms of this chapter. Fire flow shall be achieved as outlined in the Kalama public works standards.

The procedure outlined in Chapter 16.10 for modifications to adopted standards may be used for short subdivisions, provided that any variances or modifications from Title 17 require a public hearing and approval by the hearing examiner in accordance with Title 17.

A. These regulations shall not be construed as affecting the liability of any person or as waiving the right of the city under any provisions existing at the time of adoption of these regulations, or as annulling any right obtained by any person by lawful action of the city under provisions existing at the time of adoption of these regulations.

B. If any part of these regulations or applications thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not impair the validity of the remainder of these regulations.