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In addition to the criteria for approval applicable to an individual application, all subdivisions, short subdivisions, plat alterations and plat vacations must meet the following general requirements in order to be approved:

A. Zoning. No subdivision may be approved unless written findings of fact are made that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance, comprehensive plan or other existing land use controls.

B. Concurrency. No subdivision shall be approved without compliance with Chapter 17.03 BMC, Concurrency; provided, that applications for subdivisions that propose to create offspring, fee simple lots within a parent site comprising existing detached condominiums or attached townhouses for which a grading or building permit has been issued, where no increase in the number of dwelling units is proposed and where concurrency has previously been satisfied for the existing detached condominium or attached townhouse development, shall not be required to comply with concurrency as part of the subdivision.

C. Dedications, Generally.

1. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. The city may require such waiver as a condition of approval.

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

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

4. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, individual(s), religious society(ies) or to any corporation, public or private, as shown on the plat or short plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.

5. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.

6. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. No dedication, provision of public improvements or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property.

D. Dedication of Public Park. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city council shall adopt the designated name.

E. Release from Damages. The city council shall not, as a condition to the approval of any subdivision, require a release from damages to be procured from other property owners.

F. 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. If the proposed subdivision is in the jurisdiction of the city’s shoreline master program, then the program shall also apply.

G. Bonds. In lieu of the completion of the actual construction of any required improvements prior to the approval of a short or final plat, the public works director or city council may accept a bond, approved as to form by the city attorney, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the city and expressed in the bonds. In addition, the city may require the posting of a maintenance bond securing to the city the successful operation of improvements for up to two years after final approval. All bonded improvements shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements.

H. Homeowners’ Associations. Where a proposed subdivision contains common areas and/or facilities including but not limited to critical area tracts (including any perimeter fencing, signage or other appurtenances), noncritical open space tracts, private recreational area tracts, private street tracts, and storm water facilities, protective covenants (CC&Rs) shall provide for the establishment of a homeowners’ association which shall be responsible for maintenance of all such common areas and facilities. Such protective covenants shall be submitted to the department of community development for review and approval prior to the issuance of any certificate of occupancy or approval of the final plat. The CC&Rs shall be written to prohibit changes that would allow removal of these requirements, or discontinuance of the homeowners’ association.

The CC&Rs shall be recorded along with the necessary documents establishing the homeowners’ association as a nonprofit corporation, registered and incorporated with the state of Washington. The homeowners’ association shall be incorporated prior to final certificate of occupancy. The covenants shall make special provisions for the maintenance of all common areas, drive aisles, recreation space and play structures, lighting fixtures, fencing, native vegetation areas, and landscaping. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).