A. 
It is the purpose of the regulations set forth in this section to provide for the expeditious review for rendering a timely decision of applicable request for divisions of land, which conforms to the adopted zoning standards and adopted plans and policies of the city of Deer Park, specifically:
1. 
DPMC Title 18;
2. 
Deer Park comprehensive plan map and text;
3. 
Other adopted plans, policies, and regulations.
B. 
It is the purpose of these regulations to grant the planning commission and the city council, the authority to approve, approve with conditions, or deny any short subdivision, pursuant to RCW 43.21C.060 and Chapter 16.04 DPMC, on the basis of specific adverse environmental impacts as identified in the environmental documents and as so stated in writing by the commission or city council. The policies upon which approval, approval with conditions or denials may be made are as follows:
1. 
To protect the health, welfare and safety of human kind;
2. 
To implement plans, policies, and regulations adopted to protect said environment.
C. 
The regulations of this title are designed, in part, to establish a procedure for assuring proper division of land before the issuing of a building permit.
(Ord. 681 § 2, 1996)
A. 
This title shall apply to all two lot administrative divisions and all short subdivisions hereinafter established or occurring in the city limits of the city of Deer Park.
B. 
The provisions of this title shall not apply to:
1. 
Cemeteries and other burial plots while being used for that purpose;
2. 
Any division of land not containing a dedication, in which the smallest lot created by the division is 10 acres or larger;
3. 
A division made for the purpose of adjusting boundary lines 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 DPMC Title 18 requirements for width and area for a building site, commonly referred to as a "minor lot line adjustment".
(Ord. 681 § 2, 1996)
A. 
The city of Deer Park planning director shall have responsibility for the enforcement of this title under the administrative authority of the mayor.
B. 
The planning director shall be responsible for coordinating the review of applicable division of land under this title, shall be responsible for maintaining a public record of said applications and decisions, and shall be responsible for any conditions of approval and the final recording associated with any decision made by the planning commission and city council. It shall further be the duty of the planning director pursuant to Chapter 16.04 DPMC to act as the responsible official to fulfill any requirements of SEPA, the State Environmental Policy Act. Said director may establish administrative procedures and may prepare and require the use of such forms and procedures as he deems essential to fulfill his responsibilities.
C. 
The planning commission and/or city council shall have the duty to:
1. 
Review the proposed division(s) of land as appropriate and applicable for:
a. 
Adequacy of survey information and legal description;
b. 
General design in respect to surrounding development, topography, and road system configuration;
c. 
Access and need for public rights-of-way;
d. 
Sidewalks and other planning features that assure safe walking conditions for pedestrians;
e. 
Utility, drainage or road related easements;
f. 
Drainage and flood protection requirements;
g. 
Private and public road requirements;
h. 
Domestic water and wastewater utilities availability.
2. 
Furnish written recommendations in respect to these items to the city council with written reasons for recommended conditions.
3. 
Administer all development requirements for engineering, surveying, installation, bonding and inspection of public works related improvements.
4. 
Issue a "certificate of compliance" upon finding compliance with engineering requirements or satisfactory guarantees per DPMC § 17.28.060(D).
D. 
The city of Deer Park utilities department shall have the duty to:
1. 
Review proposed division(s) of land, as appropriate and applicable, and provide the planning director, planning commission or city council with written reasons for recommended conditions for:
a. 
Compliance with utility related plans, policies, and regulations;
b. 
Utility easements;
c. 
Sanitary sewer requirements.
2. 
Issue a "certificate of compliance" upon finding of compliance with utilities department requirements or satisfactory guarantees for the same; said certificate to be a conditional requirement per DPMC § 17.28.060(D).
E. 
The county health district shall, in its legal role as a public health agency for Spokane County, provide environmental health concern review services by providing the planning commission with written reasons for recommended conditions.
F. 
The Spokane County assessor shall have the responsibility of assigning tax parcel numbers to all short plats that have been filed for record with the county auditor.
G. 
The Spokane County auditor shall have the responsibility of filing for record all final short plats, final two lot plats, title notice, and restrictive covenants and/or "warning comments" that are presented by the actions of the city.
H. 
The Spokane County treasurer shall have the responsibility of collecting all taxes owing on final short plats prior to filing for record with the Spokane County auditor.
I. 
The city of Deer Park building and safety inspector shall have the duty to:
1. 
Review the proposed divisions of land, as appropriate and applicable, and provide the planning director and commission with written reasons for recommended conditions;
2. 
Issue a "certificate of compliance" upon finding of compliance with applicable Uniform Building Code and Fire Code requirements or satisfactory guarantees for the same; said certificate to be a conditional requirement as per DPMC § 17.28.060(D);
3. 
No building permit is to be issued unless the parcel of land has proper subdivision approval or is exempt from subdivision as required.
(Ord. 681 § 2, 1996)
A. 
Right of Appeal to the City Council. Pursuant to Chapter 17.48 DPMC and DPMC Title 19, any decision of the planning commission may be appealed to the city council by filing of a notice of appeal with the city clerk within the time frame prescribed in DPMC Title 19 after the notice of decision is issued, by the applicant or any other party of record who is aggrieved and has standing to appeal as set forth in Chapter 19.16 DPMC. All such appeals so filed shall be heard by the city council, and a determination made within the applicable time frame for the type of appeal sought from the date on which the notice of appeal is filed.
1. 
Where a notice of decision has been issued by the planning commission in an administrative capacity, the appeal before the city council shall be an open record appeal proceeding in accordance with Chapter 17.48 DPMC and DPMC Title 19.
2. 
Where a notice of decision has been issued by the planning commission in a quasi-judicial capacity, the appeal before the city council shall be a closed record appeal proceeding in accordance with Chapter 17.48 DPMC and DPMC Title 19.
B. 
Court Appeal. After the exhaustion of any and all administrative remedies provided for in this title, any party of record with standing to appeal pursuant to Chapter 17.48 DPMC and DPMC Title 19, may appeal the city's final decision to the superior court of Spokane County within the time frame set forth in DPMC § 19.16.110 and in accordance with Chapter 36.70C RCW, or said person shall be thereafter barred from challenging any notice of decision issued pursuant to this title.
1. 
The cost of transcription of all records certified by the court for such review shall be borne by the appellant.
(Ord. 681 § 2, 1996; Ord. 722 § 24, 1998)
Preliminary short subdivisions shall be processed as a Type III (quasi-judicial) application in accordance with all requirements of DPMC Title 19.
A. 
Preliminary Conference. Before making application for a short subdivision, any applicant may request that his/her proposal be reviewed informally by submitting three copies of same to the planning director. The purpose of the preliminary conference is to review the applicant's intent to subdivide and advise the applicant of various provisions of plans, policies and regulations, recommend ways to coordinate with various departments (if applicable), and provide the applicant with the appropriate application forms and procedures, as a short subdivision or a subdivision. The applicant may request or the planning director may call for a formal conference meeting including representatives from the Spokane County health district, city planning, building inspection, public works departments, and other agencies or departments as determined by the director in accordance with DPMC § 19.12.020.
B. 
Submittal of Applications. Applications for approval of short subdivisions shall be prepared in accordance with subsection D of this section and shall be submitted to the planning director. An application lacking sufficient information for review shall be rejected by the planning director prior to submittal to the planning commission, and a written statement, citing the basis for rejection, shall be supplied to the applicant in accordance with DPMC § 19.12.050.
C. 
Timing of Actions. Short subdivision should be either (1) approved, (2) approved with conditions, or (3) denied within 45 working days from the filing date thereof, unless the applicant gives his/her written consent to the extension of such time; provided, that in the event a SEPA review process or environmental impact statement may be necessary, the 45-working-day time period shall commence with the completion of and circulation of said final environmental declarations as required by law. The planning commission shall make written findings and conclusions of the action approval or disposition pursuant to DPMC § 19.16.070, copies of which shall be distributed as follows in accordance with DPMC § 19.16.080:
1. 
Sent or given to the applicant, affected agencies, and to other parties of record pursuant to DPMC Title 19;
2. 
Kept by the planning director for the public record; and
3. 
Be provided to the city council.
D. 
Required Short Subdivision Submissions. Each application for review shall consist of six copies of the proposed short subdivision together with written data in such form that, when they are considered together, they shall fully and clearly provide all information relevant to city review and approval, and all graphic data shall be prepared by a licensed land surveyor or civil engineer.
1. 
Information Requirements Applicable to All Short Plats.
a. 
Written Data.
i. 
The name, address and telephone number of the owner and the person with whom official contact should be made regarding the short subdivision;
ii. 
A legal description of the property prepared by a licensed land surveyor or registered civil engineer;
iii. 
A statement covering the number and size of proposed lots, proposed uses of lots, method of domestic water supply, sanitary disposal of sewage, and the total acreage of contiguous ownership;
iv. 
A draft of any restrictive covenants which the applicant intends to impose upon the land within the short subdivision;
v. 
The application shall be accompanied by a State Environmental Policy Act (SEPA) checklist, including a review and analysis of the comprehensive impacts of the proposed short subdivision, unless the application is categorically exempt under WAC 197-11-800 and Chapter 16.04 DPMC.
b. 
Graphic Data.
i. 
A north arrow and the scope of the proposed subdivision;
ii. 
The boundaries of all blocks, the designations of lots, lot line locations and dimensions, and all proposed lot areas in square feet;
iii. 
The location, names and widths of all existing and proposed streets, roads and easements within the proposed subdivision and within 100 feet thereof, or the nearest city and/or county roads;
iv. 
A layout of proposed easements, utility mains and lands proposed to be dedicated and preserved for any public purpose or for the common use of the property owners of the short subdivision;
v. 
The location of any natural features such as wooded areas, streams, drainage ways, ridgelines and hilltops;
vi. 
One copy of the Spokane County assessor's maps showing the location of the parcel or parcels to be subdivided and the existing tax parcel number of the parcel or parcels for division and the parcel numbers of all abutting properties, and all those properties within 100 feet thereof;
vii. 
Conditions of surrounding property, platted or unplatted, and if platted, giving the name of the subdivision, showing the relationship of lots, blocks, rights-of-way and easement abutting the proposed short plat. If the proposed short plat is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with any and all recorded covenants and terms and conditions of approval, shall be submitted.
c. 
Other Evidence.
i. 
The proposed source of water;
ii. 
Where ascertainable, logs, production data and location of all wells, water courses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, meander lines, and other important features existing upon, over or under the land proposed to be short subdivided and within a distance of 100 feet thereof.
2. 
Notice to Adjacent Property Owners by Proponent and to the Public. Notice shall be given to all property owners of record and taxpayers of record abutting the site of a short subdivision, by the proponent of any short plat proposal prior to the open record public hearing before the planning commission in accordance with DPMC § 19.16.010 and § 19.16.050. If any property abutting the short subdivision site is owned by the same person or entity as the short plat site, the owners of contiguous property to that owned by the short subdivision applicant shall also be notified. The proponent of any short plat proposal shall also post notice of the proposal in accordance with DPMC § 19.16.010 and § 19.16.050. Any interested persons will be given the opportunity to submit in writing, to the planning commission, their comments in accordance with DPMC Title 19. Adequate and legal proof of compliance with this notification provision shall be evidenced by the submittal of an affidavit of mailing by the applicant at the time of submittal of hearing before the planning commission.
a. 
The planning director or the city clerk shall insure that notice is duly published, mailed to interested agencies, and posted at public locations pursuant to the referenced sections of DPMC Title 19. The planning director shall have the authority to require additional notices where deemed appropriate.
b. 
The continuance of a public hearing through verbal motion at a regular or special meeting of the planning commission, and posting of the continuance at established posting places, shall be deemed as adequate notice thereof to the public.
3. 
Design.
a. 
The design of short subdivisions shall conform to the requirements of any official controls relating to land use which have been adopted to implement the Deer Park comprehensive plan or any element thereof, or any other applicable official plan of standards of design; provided, that in the event of a discrepancy among standards and requirements, the higher standard or requirement shall control, as determined by the planning commission.
b. 
The design, shape, size and orientation of lots shall be appropriate for the use for which the divisions are intended, and to the character of the area in which they are located. Lot sizes in excess of minimum standards may be required for reasons of sanitation, steep slopes, slide hazards, poor drainage, flood hazards, or other unique conditions or features which may warrant protection of the public interest.
c. 
Block dimensions shall reflect due regard for the needs of convenient access, public safety, eliminations and opportunities of topography, economies of land use and road maintenance, and the provisions of suitable sites for the land use planned.
d. 
Road alignments shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety and the proposed uses of the land served.
e. 
Where a tract is short subdivided into divisions, lots, or tracts of one acre or more, the planning commission may require an arrangement of divisions, lots, or tracts and roads, such as to permit a later resubdivision in conformity with roads, division, lot, or tract requirements or plans adopted by the city.
(Ord. 681 § 2, 1996; Ord. 722 § 25, 1998)
A. 
Streets. Minimum access to all lots within a short subdivision shall be provided by an opened, constructed and maintained city road or a private road as hereinafter provided and specified in DPMC § 17.28.050.
1. 
General Requirement. Prior to filing of the final short plat, the subdivider shall improve the public or private street consistent with the standards as adopted by the council or, in lieu of construction of public roads, the subdivider shall deposit a performance bond or other satisfactory security with the city, as specified in Chapter 17.32 DPMC.
2. 
Sewage Disposal. Provisions for adequate sewage disposal of short subdivisions shall be in compliance with current city and Spokane County health officer regulations and shall be guaranteed by the applicant by meeting the following requirements:
a. 
Evidence that the plat is located on soils designated by the United States Soil Conservation Service as having low limitations for septic tank development; or
b. 
Certification by the Spokane County health district that an adequate site for a septic tank drainfield site is located on each lot; or
c. 
That a public sewer system is available for connection at the time of issuing a building permit; or
d. 
An engineering feasibility report written by a registered engineer and prepared under the direction of the health officer which proposed a feasible sewage disposal alternative and generally lays out its design and meets all local and state regulations; and
e. 
Certification from the applicant that when city sewer service becomes available to the site, a connection to the system will occur within one year.
3. 
Water. Provisions for an adequate domestic water supply and/or fire protection of the short subdivision shall be in compliance with current city, city fire department and Spokane County health district regulations and shall be guaranteed by the applicant meeting one of the following requirements:
a. 
A letter from an existing public water supplier accepting responsibility to furnish water and that the plat lies within its service area; or
b. 
Written release from the Spokane County health district that the plat can be developed on individual wells; or
c. 
An engineering feasibility report written by a registered engineer which proposes a feasible water supply alternative which complies with all local and state regulations; and
d. 
Service mains and fire hydrants shall be, when required, designed to meet city fire flow requirements pursuant to the Critical Water Supply Services Act and be installed in conformance with standards prescribed by the fire department or county fire marshal.
4. 
Surveys. All surveys shall comply with the Survey Recording Act, Chapter 58.09 RCW and shall meet the accuracy standards specified by the Bureau of Surveys and Maps. Surveys shall be required for all plat actions and be completed by a land surveyor or engineer licensed to practice in the state of Washington.
(Ord. 681 § 2, 1996)
A. 
Submittal.
1. 
The original reproducible final short plat and one copy of the final short plat and other exhibits required for approval as specified below shall be submitted to the planning director.
2. 
An original, signed, dated and notarized plat certificate completed by a licensed title company within the state which includes the legal description of each lot or parcel and any applicable title notice, warning comments or restrictive covenants (all more precisely defined in the approved administrative procedure) shall be submitted to the planning director.
B. 
Requirements for Filing.
1. 
The final short plat to be filed shall incorporate any conditions imposed by the planning commission and shall be prepared and certified by a land surveyor.
2. 
Final plats are to be signed by all current owner(s) of record of the property in said plat, as identified by a plat certificate.
C. 
Prohibition upon construction before recording. No building permits shall be issued by the city building department on land for which an application for a short subdivision has been received until the plat is filed with the county auditor or the application is withdrawn.
D. 
Certificate of Compliance. Certification of compliance with the requirements of this title and other plans, policies and regulations may be required by the planning director of any short subdivision prior to the city council approval of the final short plat.
E. 
Filing. Upon final approval by the planning director, he shall file the short plat with the county auditor and shall so inform the applicant.
F. 
Recording Absent Approval. The auditor of Spokane County shall refuse to accept any short plat for filing and recording until approval of said final plat has been noted on said plat by the planning director. Should said plat or dedication be filed or recorded without such approval, the city attorney of the city of Deer Park may apply for a writ of mandate in the name of and on behalf of the city council of the city of Deer Park directing the auditor and assessor to remove from their files or records said plat or dedication of records.
G. 
Effect on Subsequent Filing. Land in short subdivisions shall not be further divided in any manner within a period of five years without the filing of a regular plat.
H. 
Plat Certificate or Title Report. A current plat certificate or title report shall be obtained and provided by the owner(s) of any preliminary approved short subdivision prior to filing with the planning director for final approval.
(Ord. 681 § 2, 1996)