A. Dedications.
1. General.
a. No subdivision shall be approved unless adequate provisions are provided for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastewater, parks, playgrounds, sites for schools and schoolgrounds; and shall consider other relevant facts and determine whether the public interest will be served by the subdivision and dedication.
b. All dedication of land shall be clearly and precisely indicated on the face of preliminary and final plats.
2. Protective improvements, such as dikes, drainage systems or storm and sanitary sewers, public water systems and easements to maintain such improvements shall be dedicated for public ownership and maintenance, except as provided in subsection (A)(5) of this section.
3. Access to Public Waters. Subdivisions containing land adjacent to publicly owned or controlled bodies of water shall contain dedications of access (acceptable for public use) to such bodies of water unless the planning commission or the city council determines the public use and interest will not be served thereby and/or unless there is an existing publicly owned or controlled public access within one-half mile. Such dedications shall be to the mean low-water mark, as it now exists or may hereafter occur.
4. Direct access to every lot shall be provided by a public street improved to standards established by the city.
5. Exemptions – Conveyance to Corporation.
a. If the planning commission concludes that the public interest will be served thereby, the commission may recommend to the city council that in lieu of requiring the dedication of land to the city in a subdivision for protective improvements, drainage ways, walkways, parks, playgrounds, recreational, community or other general purposes, allow the said land and/or protective improvements or easements to be conveyed to a homeowners association or similar nonprofit corporation or other approved corporation.
b. A subdivider who is required to make a conveyance as permitted above shall, at or prior to the time of submitting a final plat for approval, supply the planning director with copies of documents which demonstrate to the satisfaction of the director that adequate provisions have been made for maintenance and perpetuity of the dedication.
6. Public Intention to Acquire.
a. Any public agency with power to acquire land by condemnation or otherwise for public uses may, at any time prior to approval of a preliminary plat, notify the city council, the planning director and the subdivider of its intention to acquire land in a proposed subdivision for public uses.
b. If the planning commission finds that the subdivision necessitates acquisition of land by a public agency within the subdivision to insure public health, safety and welfare, the commission may require, as a condition of approval of the preliminary subdivision, that the said land, or such part of it as the commission deems appropriate, be designated on the preliminary plat as reserved land.
c. In the event the land is not dedicated for said uses, any public agency may request that the planning commission require the reservation of such land. Said dedication shall appear on the face of the final plat prior to the council's approval of the final plat.
d. No building permit, sewage disposal permit or other permit for development shall be issued for improvement on lands that have been reserved for acquisition by a public agency except by the public agency for whom the land was reserved.
7. Reserved Land.
a. If any public agency requires reserved land for future public uses to insure the public health, safety or general welfare, the subdivider shall indicate on the final plat such reserved lands. The subdivider shall show the configuration and dimensions of proposed lots, blocks, roads, easements and like features in the reserved area.
b. If the public agency has not acquired or commenced proceedings to acquire reserved land within the time period set by the planning commission, the subdivider and subdivider's successors may proceed to develop land lying within the reserved area in conformity with the final plat of the subdivision. No improvements shall be made upon reserve land that has become available for development through nonacquisition by a public agency until adequate commitments for development thereon have been provided by the subdivider.
8. When development within the jurisdiction of the Shorelines Management Act occurs, such use regulations as restricting or prohibiting improvements, vegetation clearing and restricting or prohibiting structures shall be recognized.
B. Design Standards.
1. All subdivisions shall conform to the comprehensive plan of the city, all zoning regulations and all other applicable local and state regulations in effect at the time any preliminary subdivision is submitted for approval or at the time an extension of time is granted.
2. Topographic, Hydrologic and Geologic Hazards – Protective Improvements. Land on which exist any topographical, hydrologic or geological conditions which are hazardous to the health, safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazard or unless land subject to the hazard is reserved for uses that will not expose persons or property to the hazard. Design criteria for subdivision of land with these hazards may follow the criteria as specified or approved by the city engineer, health district, or other pertinent regulatory agencies. These protective improvements shall be constructed prior to final plat approval or a bond provided to cover the cost, and restrictions of such uses shall be clearly noted on the final plat.
a. Lands with these hazards are also subject to the provisions of Chapter
18.70 DPMC. Therefore, where any applicable portion of any section of this chapter or of Chapter
18.70 DPMC imposes a greater restriction or regulation upon buildings, structures, platting, and/or uses than are imposed by other applicable chapters of this DPMC, the most restrictive provisions shall apply.
3. Generally, the arrangement, character, extent, width, grade and location of all streets shall conform to the DPMC Titles 17 and 18 and shall be considered in their relation to existing and planned streets, topographic conditions, public convenience and safety, in their appropriate relation to adjoining subdivisions, and their compatibility with the city. The arrangement and other design standards of streets will conform to all provisions of this title. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed streets and related transportation components. The commission shall approve the subdivision only after a finding that appropriate provisions are made for the transportation system pursuant to the level of service standards stipulated in the transportation and capital facilities elements of the comprehensive plan.
a. Improvements. Streets shall be paved and essential utilities improved to conform to applicable standards and specifications adopted by the city and shall be approved as to design and specifications by the city engineer and or superintendent of public works in accordance with the approved construction plans.
b. Street Arrangement.
i. The arrangement of streets in new subdivisions shall make provisions for the continuation of existing streets in adjoining areas.
ii. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topographic or other physical conditions.
iii. A gridiron street pattern need not necessarily be adhered to and the use of curvilinear streets, cul-de-sacs, and loop streets may be utilized where such use may result in a more desirable layout. The street shall be laid out in such a way as to make the best use of the topography of the land consistent with the type of development.
iv. Where a half-street is adjacent to the subdivision, the other half of the street must be dedicated by the adjacent subdivider.
v. Collector streets shall be property related to the public street system, to special traffic generating facilities such as schools, churches, and shopping centers, to population densities and to arterial streets into which they feed. Collector and arterial street designs and locations shall also be designed and located in accordance with the transportation element of the comprehensive plan.
vi. Local access streets shall be laid out to conform as much as possible to topography, to discourage use by through traffic, and to permit efficient drainage and sewer systems.
4. Access to Arterial Streets. Where a subdivision borders on or contains a limited access highway right-of-way or easement or an existing or proposed arterial street, the planning commission may require that access to such streets be limited by one of the following means:
a. Subdivision of lots so that back yards border on the arterial street and front on a parallel local access street, with no access provided from the arterial, and screening and/or a corridor of land provided along the rear property line of such lots;
b. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel local access street, with the rear lines of their terminal lots backing onto the arterial, and separated with screening and/or a corridor of land provided along the rear property line of such lots;
c. A marginal access or service road separated from the arterial by a corridor of land and having access thereto at suitable points.
d. Direct access to State Highway 395 is not permitted by the State Department of Transportation, except in accordance with Chapter
47.52 RCW, Limited Access Facilities.
5. Street Names and House Numbers. Names of new streets shall not duplicate existing street names unless a new street is a continuation of or in alignment with the existing street. In major subdivisions, street names shall be approved by the planning commission and shall use the street name list as approved and prepared by the city council. House numbers shall be assigned by the planning department in accordance with the house numbering system in effect in the city.
6. Street Design Standards.
a. Cul-De-Sacs. Streets designed to have one end permanently closed shall not be longer than 400 feet in length measured from the curb line of the intersecting street to the closed end of the cul-de-sac. The closed end of the cul-de-sac shall be provided with a circular turnaround having a driving surface radius not less than 50 feet. Offset or T-shaped turnarounds providing equivalent radius may be substituted.
b. Grade. The grade of any street shall not exceed 10 percent without the approval of the engineering and public works departments.
c. Grade Changes. All changes in street grades shall be connected by vertical curves.
7. Intersections.
a. Streets shall be laid out so as to intersect as nearly as possible at right angles. The intersection of two new streets at an angle of less than 70 degrees shall not be permitted without the approval of the engineering and public works departments. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point without prior approval of the planning commission.
b. Adequate stopping sight distance to traffic control devices will be provided at each intersection. Sight distance must be equal to or exceed the stopping sight distance required for the speed limit of the intersecting street. In no case will sight distance be less than 150 feet.
c. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street.
d. Intersections shall be designed with a minimum grade. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided to conform to applicable standards and specifications adopted by the city, and to ensure adequate traffic safety.
e. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way or easement, and shall comply with the provisions of Chapter
18.94 DPMC. An easement shall be required on the plat for required cut slopes.
f. The cross-slopes on all streets, including intersections, shall be three percent or less.
8. Alleys. Alleys may be required to the rear of lots used for business purposes.
9. Curves. Curves on public streets shall not be less than 100-foot radius.
10. Guidelines and acceptable criteria for all streets, unless necessitated by unusual topographic, physical or design features as determined by the planning commission:
Feature | Arterial Streets | Collector Streets | Local Access Streets |
|---|
Right-of-Way** | 60 ft. | 50 ft. | 46 ft. |
Surface | Asphalt | Asphalt | Asphalt |
Number of Lanes | 2 | 2 | 2 |
Lane Width | 12 ft. | 12 ft. | 11 ft. |
Parking Strip | Asphalt | Asphalt | Asphalt |
Shoulder Width | 10 ft. | 8 ft. | 8 ft. |
Roadway Width | 44 ft. | 40 ft. | 38 ft. |
Sidewalk Width* | 5 ft. | 5 ft. | 5 ft. |
Notes: |
|---|
*Pedestrian sidewalks required both sides of street. Sidewalk width may be reduced to three feet where five-foot by five-foot sidewalk clear passing spaces exist at a minimum interval of 200 feet. |
**Right-of-way widths in excess of the standards designated in this title shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. |
11. Drainage Plans.
a. Drainage plans shall be designed by a professional engineer and meet the minimum drainage design standards and construction standards as adopted by the city and administered by the public works department which are in effect at the time the planning director accepts a preliminary subdivision application or a new action occurs pursuant to a public hearing.
b. The subdivider of a proposed subdivision shall, upon request, present a stormwater drainage and flood control plan to the city for approval. The stormwater drainage and flood control plan shall be compatible with the approved stormwater disposal standards as adopted by the council and administered by the public works department and county health officer.
c. Drainage control and stormwater easements shall be provided in proper location and of sufficient width in accordance with drainage design standards as adopted by the city and administered by the public works department.
12. Blocks and Lots.
a. Blocks shall be so designed as to assure traffic safety and ease of traffic control and circulation. Blocks shall be wide enough to allow for two tiers of lots unless the topography or other factors dictate the use of one tier or reverse frontage lots.
b. Blocks designed for business and industrial use shall be designed specifically for such purposes with adequate space set aside for limited access off-street parking and delivery facilities as provided in DPMC Title 18.
c. Every lot shall be provided with access to an approved private and/or public road; however, access shall be provided other than directly with a arterial as designated by the council.
d. Minimum frontage widths, except for curvilinear and cul-de-sac streets, for the appropriate frontage required for the zone classification will be measured at the edge of the right-of-way. Frontage requirements for curvilinear or cul-de-sac streets shall be as provided in the policy on cul-de-sac development adopted by the commission and council.
13. Utilities.
a. Easements for electric, telephone, water, sewer, gas and similar utilities shall be approved in writing by the utility of jurisdiction prior to final plat approval.
b. Electrical Utility. When the density of a proposed subdivision meets or exceeds three lots per gross acre within the exterior boundaries, said subdivision shall provide underground utility lines within public rights-of-way, alleys or utility easements, including, but not limited to, those for electricity, communications and street lighting. Where topography, soil, or other conditions make underground installation impracticable and the planning commission so finds upon written evidence presented by the supplier of such utilities, it may waive requirements for underground utilities provided the above ground utilities are provided from the rear of the parcels through improved alley rights-of-way.
c. Water Systems. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed water service provisions. The commission shall approve the subdivision only after a finding that appropriate provisions are made for water service pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan.
i. Water sources and facilities adequate for the proposed uses shall be provided in conformance with, and as deemed necessary by, the county health district, State Department of Health, the fire district and the city pursuant to their adopted standards. Plans for such facilities shall meet the minimum design requirements and construction standards which are in effect at the time the planning director accepts a preliminary plat application or a new action occurs pursuant to public hearing.
ii. Approval of the plan for domestic water and fire flow meeting the adopted water comprehensive plan guidelines, design requirements and construction standards shall be obtained by the subdivider from the city water department, the Spokane County fire district No. 4 chief, the county health officer and/or the Department of Health for the state of Washington.
d. Sewage Systems. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed sewage disposal provisions. The commission shall approve the subdivision only after a finding that appropriate provisions are made for sewage disposal pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan.
i. The subdivider of a proposed subdivision shall present a concept for disposal of sewage anticipated to be generated from the development of the proposed subdivision.
ii. Such concept shall be in conformance with adopted applicable local and state regulations and approved by the county health officer and city utilities department. If the proposed subdivision lies within an area serviced by the sanitary sewer system, the subdivider shall present to the city utilities director a sanitary sewer concept plan in conformance with the general sewer plan for the area and standards of the operating city utility, the county health officer, state and federal regulations.
14. Public Parks. In review of the preliminary plat, the commission shall consider the adequacy of existing and proposed recreational and park lands. The commission shall approve the subdivision only after a finding that appropriate provisions are made for recreational and park lands pursuant to the level of service standards stipulated in the capital facilities element of the comprehensive plan for mini-parks, neighborhood parks and playgrounds and/or community park facilities, in terms of both the population to be served and the projected service area radius. Provisions for park lands shall be determined using either subsection (B)(14)(a) or (b) of this section, as deemed appropriate by the planning commission.
a. Ratio of park space to overall plat area shall be:
i. Plats less than five acres in gross area: no public park space required unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for mini-park or neighborhood park land.
ii. Plats five acres but less than 15 acres in gross area: one acre of recreational and park area unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for additional mini-park or neighborhood park lands.
iii. Plats 15 acres but less than 25 acres in gross area: three acres of recreational and park area unless the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan demonstrate a need for additional mini-park, neighborhood park or community park lands.
iv. Plats 25 acres or larger in gross area: recreational and park area as determined by the commission in consideration of the proposed project density and the service area radius considerations specified in the capital facilities element of the comprehensive plan for mini-park, neighborhood park, and community park lands.
v. Where previous land has been dedicated to the city for recreational and park use within the mini-park, neighborhood park, and/or community park service radius of the proposed subdivision, but such land remains unimproved for recreational and park use, the commission, in lieu of additional recreational and park area dedication, may require the subdivider of the proposed subdivision to improve such previously dedicated land with irrigation systems, turf and landscaping, playfields, rest rooms, community buildings, and/or other related recreational and park use amenities as deemed appropriate by the commission, taking into consideration the cost of such improvements versus the market value of the land that would otherwise be required to be dedicated.
b. To finance recreational and public park space as required within the proposed plat, and to assure that all parties required to provide park areas shall assume the costs, in lieu of providing recreational and park areas required above, or improvement of existing lands as optionally required above, the planning commission may elect to allow the subdivider of lands to:
i. Sign a covenant agreeing to join an assessment district to pay for land for a public recreational and park facility at another location; or
ii. Pay into a trust fund established by the city for future purchase of recreational and park land and/or improvement of existing but not yet improved recreational and park land, a sum equivalent to the ratio of land required per subsections (B)(14)(a)(i) through (v) of this section at the estimated market value of the property being developed. In addition, the amount paid to the city will be refunded to the owner or developer of the subdivision after a period of 15 years if not utilized in the development of a new recreational and park facility or in the revitalization, redevelopment or expansion of an existing recreational and park facility serving the same portion of the city in accordance with the service radius parameters set forth in the capital facilities element of the comprehensive plan.
15. Shorelines Management Act. Design of plats will conform to all the appropriate goals, policies and use regulations of the Shorelines Management Act and the local rules and regulations promulgated thereto.
(Ord. 681 § 2, 1996; Ord. 722 § 27, 1998)