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HomeMy WebLinkAbout2026 + y I ORDINANCE NO. AN ORDINANCE of the City of Kent, P � ) Washington, establishing a fee schedule for applications filed with the Kent Planning ' Department and repealing Ordinance 2016 . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS : Section 1. There is hereby established the following schedule of fees to be paid for applications filed with the City of Kent Planning Department: Rezones, General Variances, Conditional Uses, Combining Districts, Planned Unit De- velopments $ 75 .00 Sign Variances 75 .00 Short Plats 25 .00 Subdivisions A. Preliminary 150 .00 Final (1) Residential - $50 .00 plus $5 .00 per lot but not less than $100 . c07 e c i►4 C-- (2) Industrial/ r - $15.00 per acre but not less than $75 .00 nor more than $400 . Shoreline Permits 25 .00 Environmental Impact Statements 300 .00 Section 2. Ordinance 2016 of the City of Kent be and the same hereby is repealed in its entirety. Section 3 . This Ordinance shall take effect and be in force five days from and after its passage, approval and pub- lication as provided by law. F I M ISABEL HOGAN, MVOR it ATTEST: MARIE JEN P;�; CITY/CLERK AP ROVED AS TO FORM: DONALD E. MIRK, CITY ATTORNEY PASSED the day of April, 1977 . APPROVED the day of April, 1977 . PUBLISHED the day of April, 1977 . I hereby certify that this is a true copy of Ordi- nance No. '��, passed by the City Council of the City of Kent, Washington and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE 4ENS N, CIT CLERK 2 - KENT SUBDIVISION CODE KENT, WPSHINGTON CITY OF KENT APPLICATION FEES FOR SUBDIVISIONS (PER .CITY OF KENT ORDINANCE *2026) SHORT PLATS : $25. 00 PRELIMINARY PLATS : $150 . 00 FINAL PLATS: 1) Residential: $50. 00 plus $5 . 00 per lot, but not less than $100 . 00 . 2) Industrial and Commercial. : $15„ 00 per acre, but not less than $7 5 . 00 nor more than $400 . 00. KENT PLANNING DEPARTMENT JUNE, 1977 THIS SUBDIVISION CODE WAS APPROVED BY THE KENT CITY COUNCIL ON SEPTEMBER 17 , 1973 , BY ORDINANCE 1840 AND BECAME EFFECTIVE ON OCTOBER 5 , 1973. REVISED PRINTING - JUNE, 1977 AMENDED SECTIONS TO DATE ARE: - Section 2.3.4 2) Final Plat Requirements, (12/3/73) . - Section 1.3 SCOPE, (3/17/75) . - Section 1.4 DEFINITIONS, (3/17/75) . - Section 1.8 EXCEPTIONS, (3/17/75) . - Section 2.2.8 Filing Short Plat, (3/17/75) . - Section 2.2.11 Administrative Guidelines, (3/17/75) . - Section 2.3.2 5)b) (3) Planning Commission Hearing, (3/17/75) . - Section 2.3.2 8) Approval Period, (3/17/75) . - Section 3. 3 GENERAL REQUIREMENTS AND STANDARDS FOR MOBILE HOME PARK DESIGN, (3/17/75) . - Section 4.2 PENALTIES, (3/17/75) . - Section 2.2.4 Application Requirements, (12/15/75) . - Section 2.2.6 Short Subdivision Committee Meeting, (12/15/75) . - Section 2.3.2 1) Preliminary Plat Procedures, (4/18/77) . - Section 2.3.4 1) Final Plat Procedures, (4/18/77) . Sect,Q� 3,�. _3 J.!Of i,1;41_Iv5 (L/5178) f / .H (3,D) - GN COAArl/I.T7r-_fa- TABLE OF CONTENTS Page SECTION I 1. 1 Title------------------------------------------ 1 1. 2 Purpose---------------------------------------- 1 1 . 3 Scope------------------------------------------ 2 1. 4 Definitions------------------------------------ 2 1. 5 State Enabling Legislation as it Applies to This Code-------------------------------------- 6 1. 6 Administering Authority------------------------ 6 2. 7 Notification of Other Agencies------- ------ 6 1. 8 Exceptions------------------------------------- 7 SECTION II - PROCEDURES 2 . 1 Outline of Subdivision Procedures--------------- 8 2 . 2 Detailed Procedures for Short Subdivisions----- 8 2 . 3 Detailed Procedures for Subdivision------------ 11 SECTION III - REQUIREMENTS AND STANDARDS FOR THE SUBDIVISION OF LAND 3. 1 General Requirements and Minimum Standards of Residential Design-------------------------- 21 3. 2 General Requirements and Minimum Standards of Industrial and Commercial Design------------ 28 3. 3 General Requirements and Standards for Mobile Home Park Design---------- ------ 30 I, SECTION IV - EXCEPTIONS, PENALTIES , LIABILITY.,. SEVERABILITY 4 . 1 Exceptions------------------------------------- 31 4. 2 Penalties-------------------------------------- 31 4 . 3 Liability-------------------------------------- 32 4 . 4 Severability------------------------------------ 32 J - ii - SUBDIVISION CODE CITY OF KENT, WASHINGTON A CODE OF THE CITY OF KENT , WASHINGTON PROVIDING FOR THE MUNICIPAL ADOPTION OF RULES, REGULATIONS, REQUIREMENTS , STANDARDS, AND PROCEDURES FOR THE APPROVAL OR DISAPPROVAL OF THE SUBDIVISION OF LAND INTO TWO (2) OR MORE PARCELS, INCLUDING, BUT NOT LIMITED TO THE APPROVAL OF SUBDIVISION METES AND BOUNDS DESCRIPTIONS OR DEDICATIONS, ACQUISITIONS, IMPROVEMENTS, AND RESERVATION OF SITES FOR PUBLIC USE; PROVIDING FOR THE VARIATION AND EXCEPTION THERETO IN HARDSHIP CASES; PROVIDING PENALTIES FOR THE VIOLATION OF SUCH ADOPTED RULES, REQUIREMENTS, REGULATIONS AND STANDARDS; PROVIDING FOR THE EFFECTUATION OF THE EXPRESSED AND IMPLIED AUTHOR- ITY OF THE CITY OF KENT IN ACCORDANCE WITH THE INTENTS OF' STATE STATUTES. THIS CODE IS TO BE KNOWN AS THE CITY OF KENT SUBDIVISION CODE. SECTION I SECTION Ll TITLE This code shall be hereinafter known as the City of Kent Subdivision Code® SECTION .1.2 PURPOSE The purpose of this code is to provide rules , regulations, requirements, and standards for subdividing land in the City of Kent, insuring -that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare , and aesthetics of the City Of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured.; that proper provisions for all public facilities (including circulation, utilities , and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City Of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Section 1. 2 . 1 Planned Unit Development in addition to the standard subdivision of land as outlined in this code , the City provides for the subdivision of land _ under the Planned Unit Development regulations of the Kent Zoning Code. That Code should be consulted concerning the special procedures concerning P.U.D. s. SECT 10f1 1, L-KOPE This code shall apply to the division of land for sale or lease into two (2 ) or more parcels . rAmendment a per City Council action, 3/17/75) Where this code imposes greater restrictions or higher standards upon the development of land than other laws,, ordinances or restrictive covenants, the provisions of this code shall prevail . SECTI0 .1 IA _DEiEiNIT.I()fJS l) Alley. A public thoLoughfare or way having a width of not more thari thirty (30) feet which affords only a secondary means of access to abutting property. 2) Block. A group of lots, tracts, or parcels which have been subdivided and are entirely surrounded by highways or streets or in part by a well defined and fixed boundary. 3) City Council , The City Council of the City of Kent, Washingtcn. 4) Common Open Space. A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of residents of a subdivision. Common open space may contain such compli- mentary structures and .improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision. 5) Comprehensive Plan, The plans, maps and reports which comprise the official development plan as adopted by the City Council in accordance with RCW 35. 63 or RCW 35A. 6) County Auditor_ . As defined in Chapter 36 , 22 RCW or the office of the person assigned such duties under the King County charter . -2- 7) Cul-de-Sac. A short street having one end open to traffic and being^terminated at the other end by a vehicular turn-around. 8) Dedication. A deliberate appropriation of land by -its owner for any general and public uses, reserving to himself no other rights than such as 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 by the presentment for filing of a final- plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for fi.liIng by the City of Kent. 9) Division of Land. The subdivision of any parcel of land into two (2) or more parcels. 10) Fina proval. The final official action taken- by the . City Council on the proposed play:, subdivision, dedication or portion thereof that has previously received preliminary approval. 11 ) Final Plat. The final drawing of -the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this code. 1.2) Hillside Subdivision. A subdivision in which any lot in the subdivision has average slopes greater than fifteen (15) percent and in which any street in the subdivision has grades greater than seven (7) percent at any point. 13) Home Owners Association. An incorporated nonprofit organi- zation operatJ_ng under recorded land agreements through which, a) each lot owner is automatically a member, b) each lot is automatically subject to a proportionate share of the expenses for the organization° s activities, such as maintaining common property, and c) a charge if unpaid becomes a lien against the property. i 14 ) Lot. A fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. 15) Lot , corner . A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines. J - 3 m J 16) Lot Frontage. The front of a lot shall be that portion nearest the street except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that fronts on a street. 17 ) Lot Lines. The property lines bounding the lot. 18) Lot Measurements. (a) Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rear-most points of the side lot lines in the rear. (b) Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where eighty (80) percent requirement shall not apply. 19) Lot of Record. A lot which is part of a subdivision r � cordeil in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. 20) Lot Splits. The division of land into four (4) or less lots, tracts, parcels, sites, or divisions for the purpose of sale or lease. 21) Lot, through. A lot that has both ends fronting on a street. Either end may be considered front. 22) Meander Line. A line along a body of water intended to be used solely as a reference for surveying. 23) Official Plans. Those maps, development plans, or portions thereof, adopted by the City Council of the City of Kent as provided in Chapter 44 , Section 6 , Laws of 1935, as amended. Such plans or maps shall be deemed to be conclu- sive with respect to the location and width of streets, public parks, and playgrounds and drainage rights-of-way as may be shown thereon. 24) Performance Bond or Guarantee. That security which may be accepted in lieu of a requirement that certain improvements be made before the City Council approves the Final Plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. - 4 - 25 ) Planning Commission, That body as defined in ordinance 1-674 -,- city of Kent . 26 ) Plat , A map or representation of a subdivision , showing there:�n the division of a tract or parcel of land into lots , blocks , streets, and alleys or other divisions and dedications , 27 ) pteliminar ALLtoval , The official favorable action taken on the pLeliminary Plat of a proposed subdivision, metes- and-.bounds description , or dedication, by the city Council following a duly advertised public hearing. 28) Prelj-111111--ILY L'I--It, A neat: and approximate drawing of a proposed SUJAIVISIOD showing the general layout of streets and alLe�, S, lutes, biucks, and restrictive covenants to be applicable to the subdivision , and other elements of a plat Qr subdiviSIOn which shall furnish a basis for the approval or disapproval of the general layout of a sub- division . 291 Roadway . I'llat port-ion of a street intended for the a_6`comlmodeatj,.-.--n ot . vehicular traffic, generally within curb lines . 30) Sj-IQ_Ct P.L,At - The map or representation of a short sub- I_VI S' 31 Short Subdi . The division of land into four (4) ox sites, or divisions for e_S S-1—o't S rcels f tracts , pa the, purpose of sale or lease . 1 32, Short Subdivision Committee. The Short Subdivision Committee shall consist 01 one—(I) Planning commissioner; the Parks and Recreation Director; the Planning Director, who shall be chairman; the Public Works Director who may designate the City Engineer to sit in his absence with full voting power; and the Fire Chief who may designate the Chief of the Fire Pre- vention Bureau to sit in his absen.ce with full voting power. - per City Council action, 3117175 and 5115178) (Amended _vv,, k4) U.L MULU sions for the purpose I.ots" t-racts., parcels, sites or divi ot ,. sale uLlease ; provided that subdivisions of less than five (5) parcels may be defined as lot splits. 34 ) , .'Tentative P1.6t. A map similar to the Preliminary Plat, but - : ,in sketch form. J A parcel of land proposed for subdivision or ''_s_ubd iv i ding SECTION 1, 5 STATE ENABLING LEGISLATION AS IT APPLIES TO THIS CODE This code is in conformance with Chapter 58 . 17 of the Revised Code of the State of Washington regulating platting, sub- division, and the dedication of land. SECTION 1, 6 ADMINISTERING AUTHORITY 1) Kent Planning Agency The Kent Planning Agency is designated as the official agency of the City for making a review of and a recommen- dation on all proposed subdivisions in the City as prescribed as follows: a) Planning Commission The Planning Commission is authorized to hold a public hearing on all preliminary plats and to make recommendations to the City Council . b) Planning Department The Planning Department is responsible for the administration and coordination of this ordinance unless another department is authorized to administer and enforce a specific section or sections. 2) Kent Engineering Department The Engineering Department is responsible for reviewing all engineering and technical requirements of this ordinance. 3) City Council The Kent City Council shall hold a public meeting or hearing on all Preliminary Plats; further, the City Council shall have sole authority to approve final plats. SECTION 1, 7 NOTIFICATION OF OTHER AGENCIES Notice of the filing of a preliminary plat of a proposed subdivision in the City of Kent, which subdivision is adjacent to or within one mile of the City of Kent' s municipal boundaries or which contemplates the use of King County ' s or any other city' s or town' s utilities shall be given to the appropriate county, city, or town authorities . Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a State Highway shall be given to the State Department of Highways. Such notice shall include the hour and location of the hear- ing and a description of the property to be platted. 6 _ SECTION 1- 0 LXCEPTIONS The provisions of this code do not apply to : 1) cemeteries and burial plots while used for that purpose. 2) Divisions made by testamentary provisions , or the laws of descent. (Amended - per City council action, 3117175) 3) Boundary J Line adjustments where no new lot is created thereby or where no lot is reduced in size below the minimum square footage requirements required by the applicable zoning control . 4) Division of land due to condemnation or sale under threat thereof , by an agency or division of government vested with the power of condemnation. -7- SECTION II e PROCEDURES SECTION 2 . 1OUTLINE OF SUBDIVISION PROCEDURES Section 2 . 1. 1 PreliminarxNieetiag Any person who desires to subdivide land in the City of Kent should consult with the Planning Department at an early date on an informal basis in order to become familiar with the requirements of this code. The Engineering Department should also be consulted at this time for advice and assistance in understanding the engineering requirements of this code. Section 2 . 1 . 2 -Application for Subdivision -- General Overview of Procedures 1) Short Subdivision.P The general procedures for processing appla-cations- fox a short subdivision are as follows: The application is filed with the Planning Department; reviewed by the Short Subdivision Committee; said Committee may approve, modify, or deny the short subdivision; appeal of the decision of the Short Subdivision Committee shall be to the City Council. 2) Subdivision. The general procedures for processing an application for a subdivision consists of four (4) separate steps as follows: (1) Preparation and submission to the Planning Department of a Tentative Map of the proposed subdivision; (2) Submission of a Preliminary Plat of the proposed subdivision to the. Planning Commission and City Council for public hearing; (3) Installation or bonding of improvements according to the approved Preliminary Plat; (4 ) Submission of the Final Plat to the City Council for approval. The approved Final Plat is recorded in the office of the King County Department of Records and Elections. SECTION 2 ,2�DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Section 2. 2 . 1 Purpose The procedures regulating short subdivisions are established to promote orderly and efficient division of lots on a small scale, avoiding placing undue burdens on the subdivider and to comply with provisions of RCW 58 . 17 . P 8 Section 2 . 2 .2 Principles of- Acceptability 1) Create legal building sites with respect to zoning and health regulations . 2) Establish access to a public .road for each segregated parcel . 3) Have suitable physical characteristics; a proposed short plat may be denied because of flood, inundation, or swamp conditions or construction of protective improvements may be required as a condition of approval . 4) If adjacent to another municipality or King County , take into consideration the subdivision standards of that jurisdiction, as well as the requirements of this code. 5) Make adequate provision for: drainage ways , streets , alleys , other public ways , water supplies and sanitary wastes , as deemed necessary . Section 2 .2 . 3 Scope Any land being divided into four (4) or less parcels , lots , tracts , sites , or subdivisions , any one of which is less than twenty (20) acres in size, and which has not been divided in a short subdivision within a period of five (5) years , shall meet _. the requirements of this Section. Section 2 . 2 . 4 Application Requirements 1) Application. Application for a short subdivision shall be made with the Planning Department on forms prescribed by that Department. Said application shall be accompanied by ten (10) copies of the Short Subdivision Plat. 2) The Short Subdivision Plat shall conform to the following requirements : a) Shall. be a neat and approximate drawing on reproducible material at a decimal scale. The Plat map shall measure between 8-1/2" x 11" and 18" x 24" . b) Shall show how the proposed subdivision will be served by streets and utilities . c) Shall be accompanied by a certificate of approval to be signed by the Chairman of the Short Subdivision Committee . d) Each application for a Short Subdivision shall be accompanied by a title report. The report shall be dated within thirty (30) days of the acceptance of the application by the Planning Department. (Amendment - per city Council action, 12115175) Section 2 . 2 . 5 Referral to Other Departments Upon receipt of an application for a Short Subdivision, the Planning Department shall transmit one (1) copy of the application to each member of -the Short Subdivision Committee, - 9 - and one (1) copy to any department or agency deemed necessary. The application shall be transmitted at least five (5) working days prior to the Short Subdivision Committee meeting. Section 2 . 2 . 6 Short Subdivision Committee Meeting 1) A meeting attended by the applicant at his option and the Short Subdivision Committee members shall be held no earlier than six (6) days and no later than fifteen (15) days of receipt of the application. Said meeting shall be open to the public . 2) Quorum. Three (3) of -the five (5) members of the Short Subdivision Committee must be present in order for the Committee -to take any action. 3) Action. The Short Subdivision Committee may approve , approve with modifications , or deny the application for a Short Subdivision. The decision of the Short Subdivision Committee shall be made at the Subdivision Committee meeting . An additional meeting may be called if no decision is reached at the first meeting. The second meeting shall be no later than seven (7) days after the first meeting . An applicant may request to have an application, on which -the Short Subdivision Committee has taken affirmative action, reopened by the Committee if it is found by the Planning Director and the applicant -that new information has come to light that might affect the action taken by the Short Plat Subdivision Committee . In case of a denial by the Short Subdivision Committee aj.-iy appeal shall be made to the City Council , as per Section 2 . 2 .7 ; new information can be presented during City Council consideration of the appeal. (Amended - per City Council action, 12115175) a) Approval . If Approved, the Short Plat shall be marked "Approved" and signed by the Chairman of the Short Subdivision Committee, and the applicant shall be notified .in writing of the decision. b) Approval with Modifications . If modifications are deemed necessary by the Short Subdivision Committee , they may be added to the original Short Subdivision Plat or a new Short Subdivision Plat may be required. c) Denial . If denied, the Short Plat shall be marked "Denied" and the applicant shall be notified in writing of the decision, giving the reasons therefore . J Section 2 .2 .7 Appeal The decision of the Short Subdivision Committee shall be final , unless an appeal by any aggrieved party is made to the City Council within fourteen (14) days after the Short Subdivision Committee ' s decision. Said appeal shall be in writing to the City Council and filed with the City Clerk and Planning Department. The City Council shall act on said appeal within twenty-one days (21) days unless an extension thereto is agreed to , in writing, by the applicant. IJ - 10 -- Section 2 . 2 . 8 Filing Short Plat 1) A plat must be signed by the Chairman of the Short Sub- division Committee before it is filed. 2) An approved short plat shall be filed for record in the office of the King County Auditor and shall not be deemed approved until so f 11ed. 'Amendment - per City Counc:.1 action, 3i 17/7.5) 3) In 6ddition to number 2 , short plats shall be filed with the Kent Planning Department, the Kent City Clerk and the Kent Engineering Department. tAmendment - per City Council action, 3/17/75) Section 2 - 2 . 9 Expi.cation Period If the Short Plat is not filed within six (6) months of the date of appr:,val , the Short Plat shah, be null and void. Upon proper application by the subdivider , the Planning Department may 3Lant one (1) extension of not more than six (6) months. Section 2 . 2 . 10 Lj.mztati. ,ns on Further Subdivision Any land subdivided under the requirements of this Section shall not be furthex divided for a period of five (5) years without following the procedures for subdivision (Section 2 . 3) . Section 2 . 2 .11 Administrative guidelines There shall be on file with the Kent Planning Department and made avai.la.b:� w t.h ea,:h appl.ic:Ation issued, a set of Admin ' strative guic]elknes for drawing short plat maps , filling out the application and recording the plat. Au-endmeW- e per City Council action, 3/17/75) SECTION 2 ,3 DETAILED PROCEDURES FOR SUBDIVISION Any land being divided .into five (5) or more parcels , lots, tracts, sites , c.,r subdivision, any one of which is less than twenty (20) a.ctes in ;size, or any land which has been divided under the Short Subdivision procedures within five (5) years, shall conform to the procedures and requirements of this Section . Section 2 . 3 . 1 Tentative Plat Procedures 1) Applzcatiin . Applications for a tentative plat meeting and review shall be filed with the Planning Department. Twelve (12) copies of the tentative plat shall be filed. 2 ) M� Scale and Documentation. The scale and information required for a tentative plat shall be in accordance with the requirements of Section 2 . 3 . 2 2) , except that the scale and information do not need to be precise and the map does not need to be prepared by a registered land surveyor . 3) Referral to Other Departments. The Planning Department shall transmit copies of the tentative plat to the following departments: four (4) copies to the Engineering _.11-- Department; one (1). copy to the Building Department; one (1) copy to the Health Agency; one (1) to the Fire Department; and one (1) each to the public utilities agencies serving the area. 4) Tentative Plat Meeting. A meeting may be held- attended by the departments which received copies of the tenta- tive plat, the Planning Department, and the subdivider. Any recommendations of the various departments for revision of the tentative plat should be discussed at such meeting as well as recorded in writing. 5) General Requirements or Findings for Tentative Plat. Following the aforesaid tentative plat meeting, and receipt of the recommendations of the City departments, the Planning Department shall find that the tentative plat: a) Is in general conformance with the regulations of this- code; b) Streets conform to the circulation pattern estab- lished or proposed for• the area the subdivision will be developed in; c) Is in conformance with sewer, water and other utility plans for the area; d) Not detrimental to its surroundings. 6) Further Action. If the tentative plat is approved as presented, or as modified as per the suggestions presented in writing at the tentative plat meeting, the applicant should proceed to the preliminary plat stage. If not approved, a preliminary plat may still be submitted to the Planning Commission. However, it is likely that the same objections and problems will arise at that stage. Section 2. 3. 2 Preliminary Plat Procedures 1) Application. a) Application for a preliminary plat shall be filed with the Planning Department on forms prescribed by the Planning Department at least twenty-five (25) days prior to the Planning Commission hearing at which it is to be considered. b) Twelve (12) copies of the preliminary plat shall be submitted, which shall be prepared by a land surveyor registered in accordance with the require- ments of RCW 18. 43. 010. _. 1 (Application fees are contained in City of Kent Ordinance #2026) (Amendment - per City Council action, 4118177) - 12 - 2) Preliminary Plat Requirements. The following shall be part of the preliminary plat. a) Vicinity Map. Adequate to show the location of the plat. b) Preliminary Plat. Shall include or conform to the following: (1) The subdivision name and number, the name and address of the owner or owners , and the name and address of the licensed land surveyor and subdivision engineer. (2) The date of preparation, the true north point, a graphic scale and legal description of the property to be subdivided. (3) Preliminary plats shall be drawn to an appro- priate engineering (decimal) scale. (4) Show the location of existing and proposed platted property lines , and existing section lines , streets , buildings, water courses, railroads , bridges , and any recorded public or private utility or roadway easements, both on the land to be subdivided and on the adjoining lands (land that abutts the proposed subdivision) , to a distance of one-hundred (100) feet from the edge of the subject property. (5) Contours and/or elevations (at five foot inter- vals minimum) shall be shown to that extent necessary to accurately predict drainage characteristics of the property. Contour lines shall be extended at least one-hundred (100) feet beyond the boundaries of the proposed plat. (6) Give the names , locations , widths, and other dimensions of proposed streets , alleys, ease- men.Ls, parks and other open spaces , reservations , and utilities. (7) Indicate the acreage of land to be subdivided; the number of lots; the area of the smallest lot and the approximate square footage and approximate percent of total acreage in open space. -13- (8) Indicate the approximate dimensions of each lot. (9) Include a statement of soil type, drainage con- ditions , present landscaping (describe any natural or man-made land cover) , wildlife present, and any other environmental factors which may be prescribed by the Planning Department. 3) Referral to other City Dew tments and Agencies. The Planning Department shall distribute four k4l copies of the preliminary map to the Engineering Department, one (1) copy to the Building Department; one (1) copy to the Health Agency; one (1) copy to the Fire Department, and one (1) copy to each of the Public Utility Agencies serving the area in which the subdivision is to be con- structed. Each department or agency may file recommenda- tions with the Planning Department within ten (10) days of receipt of the preliminary plat; or in the event that a preliminary plat meeting should be called by the Planning Department, may present their recommendation at that time . 4) Prelim LLna. The Planning Department shall compare the applicant' s -tentative and preliminary plat and shall reach a decision within three (3) working days after the applicant' s submission, as to whether a pre- liminary plat meeting is necessary. A preliminary plat meeting may be deemed necessary when there are signifi- cant differences between the .tentative and preliminary plats. The determination of the necessity of a prelimi- nary plat meeting shall be based on the following considerations : a) The degree of commonality between the two plans (i.e. , is the preliminary plat a refinement of the tentative plat, or is it a completely new plat for the same property?) . b) The presence or absence of revisions present in the preliminary plat resulting from objections raised at the tentative plat meeting. J 5) Planning Public Hearin a) The Planning Commission shall hold a public hearing on any preliminary plat and forward its -recommenda- tions to the Kent city Council. Said public hearing shall be held no later than the second regular J meeting of the Planning commission after submission of the application, and the recommendations shall be forwarded to the city Council within fourteen (14) days of the Planning Commission' s action. 4 1.4 b) The Planning Department shall give notice in the following manner ; (1) Three (3) notices of the public hearing shall be posted on - t adjacent to the land to be subdivided at least ten (10) days prior to the public hearing. (2) One (1) notice of the public hearing shall be given in a newspaper of general circulation at least ten ( 10 ; days prior to the public hearing. ( 3) All hearing notices shall include a legal description of the location of the proposed subdivision and either a vicinity location sketch or a location description in nonlegal language. 2AmendnFrr _. per Ct ty Counc-z l action, 6) Health Agency Recommendation. The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the City Council , prior to the Council ' s consideration of the preliminary plat, written statements ati to the general adequacy of the proposed means of sewage disposal and water supply. 7 ) City Council. Act.lon , After receiving the Planning Commission ' s recommendation, the City Council shall , at its next public meeting , set a date for a public meeting to consider the adoption (... r_ rejecticn of the recommendation. If at this meeting the City Council. deems that a change in the Planning Commrssion ` s recommendation is necessary, the change of the recommendation shall not be made until the City Council has conducted a. public hearing and thereupon adopted its own recommendatiL,ns and approved or disapproved the preliminary plat. 8) Approval Period. .Preliminary plats of any proposed subdivision shall be approved, disapproved, or returned to the applicant for modification or correction within ninety (90) days from the date of submission, unless the applicant consents to an extension of such time period. (Amendment _ per City Council action, '1,7/75) 9) Expiration Date. Approval of the preliminary plat shall lapse withincane (1)pyear from the date of approval unless the City Courc.tl grants an extension of time for a period of not greater than one (1) year unless a final plat based on the px eliminary plat is submitted prior to the one (1) year limit . Section 2 . 3 . 3 Installation of Improvements or Bonding in Lieu of Improvements. 1 ) Required improvements . The following tangible improvements may be required before a final plat is submitted; every subdivider may be required to grade and pave -15- streets and alleys, install curbs and gutters, sidewalks, monuments , sanitary and storm sewers, street lights, water mains and street name signs, together with all appurtenances thereto in accordance with specifications and standards of this code, approved by the Engineering .Department and in accordance with other standards of the City. 2) Inspection, Approval and Fees . The Engineering Depart- ment shall be responsible for the supervision, inspec- tion and acceptance of all subdivision improvements and shall make a charge therefore to the subdivider in the amount of the hourly cost to the City of Kent. The hourly cost shall include the wages of the inspector and the City' s cost for fringe benefits calculated on an hourly basis . 3) Permits . Prior to proceeding with subdivision improve- ments, the subdivider shall make application for such permits from the City as are necessary. The applicant is also responsible for complying with all permit requirements of other federal, state and local agencies. 4) Deferred Improvements . No final plat shall be submitted to the City Council until all improvements are con- structed in a satisfactory manner and approved by the responsible departments or a bond has been satisfactorily posted for deferred improvements . a) Bonds. If a developer wishes to defer certain on- site improvements, written application shall be made to the Engineering and Planning Departments stating the reasons why such delay is necessary. If the deferment is approved, the developer shall furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty (150) percent of the estimated cost of the required improvements. The decision of the City Engineer and Planning Director as to amount of such bond shall be con- clusive. b) Time Limit. Such bond shall list the exact work } that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within the time established by the Department of Engineering; and if no time is estab- lished, then not later than one (1) year after approval of the final plat by the City Council. The _) bond shall be held by the City Clerk. 16 - c) Check in Lieu of Bond. The developer may substi- tute a certified or ashier' s check or assignment of funds in lieu of a performance bond. Such check or assignment shall be made payable to the City Treasurer and shall be in the same amount as the bond it is substituting. d) Proceed Against Bond or Other Security. The City reserves the right, in addition to all other remedies available to it by law, to proceed, against such bond or other payment in lieu thereof. In case of any suit or action to' enforce any' provi- sions of this code, the developer shall pay unto the City all costs incidental to such litigation including reasonable attorney ' s fees. The appli- cant shall enter into an agreement with the City requiring payment of such attorney' s fees. e) Binding Upon Applicant. The requirement of the posting of any performance bond or other security shall be binding on the applicant, his hears, successors and assigns. f) Notification to Planning Department. The City Engineer shall notify the Planning Department in writing of the following: the improvements deferred, amount of bond or check deposited, time limit of bond or check, name of bonding company, and any other pertinent information. 5) Certificates of Completion. The Engineering Department s all submit' 'a certificate in duplicate to the Planning Department verifying that the subdivider has completed the required installations and/or bonding in accordance with the provisions of this code and the specifications and standards of the departments. One (1) copy of the completed certificate shall be furnished to the sub- divider by. the Planning Department together with a notice advising him to proceed with preparation of a final plat. for that portion of the area in which mini- mum improvements have been installed and approved or adequate security has been posted as provided in Section 2 . 3. 3 4) . Certificate originals shall be retained by the Planning 'Department. Section 2 : 3. 4 Final Plat Procedures 1) Application. a) Application for final map shall be filed with the Planning Department on forms prescribed by the Planning Department. 17 - b) Eleven (11) copies of the final plat plus the original shall be submitted; said plat shall be prepared by a land surveyor registered in accordance with the requirements of RCW 18. 43, and shall conform to the preliminary plat. (Application fees are contained in City of Kent Ordinance #2026) . (Amendment - per City Council action 4118177) 2) Final Plat Requirements (Amended - per City Council action, 1213173) a) The final plat shall be drawn to a scale of not less than one (1) inch representing one hundred (100) feet unless otherwise approved by the Engineering Department on sheets eighteen by twenty-two (18 x 22) inches . The original drawing shall be in black ink on linen trading cloth or on stabilized drafting film, and shall contain the following information: (1) Date , title , name and location of subdivision, graphic scale, and true north point. (2) The lines of all streets and roads , alley lines , lot lines, lot and blocks numbered in numerical order, reservations , easements , and any areas to be dedicated to public use , with notes stating their purpose and any limitations. (3) Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line , lot line , boundary lines and block line . (4) All dimensions to the nearest one-hundredth (1/100) of a foot and angles and bearings in degrees , minutes, and seconds. (5) Lambert Coordinates, if provided by the Public Works Depart- ment , for permanent control monuments shall be shown on the final plaC. as determined by the City Engineer' s office . (6) All interior permanent control monuments shall be located as determined by the City Engineer' s office and shall be clearly shown on the final plat. All interior monuments shall be installed prior to the release of any bond. ,3 (7) The final plat shall be mathematically correct. (8) The final plat shall be accompanied by an approved printed computer plot closure or demonstrated mathematical plot closure on all lots , streets, alleys and'boundaries. (9) A legal description of the land to be subdivided shall be shown on both the title report and final linen. -18- (10) Be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections . The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of -the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances , angles and calculations required to determine corners and distances of -the plat shall accompany this data. The allowable error of closure shall not exceed one (1) foot in five thousand (5000) feet. b) Final plat certificates . In addition to other requirements as spec—d herein , the final plat shall contain or be accompanied by the following: (1) Certification showing that streets , rights-of-way and all sites for public use have been dedicated. (2) Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set. (3) Certification by the responsible Health Agencies that the methods of sewage disposal and water service are acceptable . (4) Clertification by the Enga_neering Department -that the subdivi- der has complied with either of the following alternatives : (a) All improvements have been installed in accordance with the requirements of these regulations , or (b) Certain improvements have been deferred according to to Section 2 . 3 . 3 4) , Deferred Improvements. (5 ) The subdivider shall furnish the City a plat certificate from a title in:�uran.ce company documenting the ownership and title of all interested parties in -the plat , subdivision, or dedication and listing all encumbrances . The certificate shall be dated witnin forty-five (45) days prior to the granting of the final plat by the City Council. (6) Certification by the King County Finance Department that taxes have been paid in accordance with Section 1 , Chapter No. 188 , Laws of 1927 (RCW 58 . 08 . 030 & . 040) and that a deposit has been made with the King County .Finance Department in sufficient amount to pay the taxes for the following year. (7) Certification by the City Treasurer that there are no delin- quent special assessments and that all special assessments certified to the City Treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full. (8) Certification of approval to be signed by the City Engineer and. the Planning Director. -19- (9) Certification of. approval to be signed by the Mayor and the City Clerk. (10) Copies of any restrictive covenants as may be used in the subdivision . 3) Referral to Other Departments and Agencies. The Planning Department shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, utility agencies and other governmental agencies deemed necessary. 4) City Council Public Hearings . At its first public meeting following the date the final plat application has been officially accepted by the Planning Department, the City Council shall set a date for a public hearing or meeting to consider the final map. The final plat shall be approved, disapproved or returned to the applicant for modification or correction within thirty (30) days of the date of application thereof , unless the applicant consents to an extension of such time period. 5) Filing Final Plat. Before the final plat is submitted to the City Council, it shall be signed by the City Engineer and Planning Director. After the final plat is approved by the City Council , it shall be signed by the Mayor and the City Clerk. The final plat shall be filed with the King County Department of Records and Elections by the City. 6) Extension of the Final .Map Approval Date . Final approval by the City Council of a portion of the final map will constitute an auto- matic extension of one (1) year from said approval date for the remainder of the final map. One (1) additional extension of six (6) months may be granted at the discretion of the City Council. 7) Expiration of Plat After Council Approval. If a final plat has not been recorded within six (6) months after approval by the City Council , the map shall expire and be null and void. To revitalize the expired map, the map shall be resubmitted as a preliminary map. One (1) extension to the six (6) month period may be granted by the City Council. r -20- SECTION III - REQUIREMENTS AND STANDARDS FOR THE SUBDIVISION OF LAND SECTION 3, 1 GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF RESIDENTIAL DESIGN A plat , subdivision or dedication shall be ,prepared in con- formance with the following provisions. Section 3. 1. 1 Environmental Considerations 1) Purpose. It is 'the purpose of this section to provide for t17e protection of valuable, irreplaceable environ- mental amenities and to make urban development as compatible as possible with the ecological balance of the area. Goals are to preserve drainage patterns , protect ground water supply, prevent erosion and to preserve trees and natural vegetation. This is benefi- cial to the City in lessening the costs of the development to the City as a whole, and to the subdi- vider in creating an attractive and quality environment. 2) Unsuitable Land. Land which is found to be unsuitable or subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, bad drainage, steep slopes, rock formations) . Land which the City Council considers inappropriate for sub- division shall not be subdivided unless adequate methods are provided as safeguards against these adverse con- ditions. If any portion of the land within the boundary of a preliminary plat or approved record of survey is subject to flood, or innundation, or is in a flood control zone, according to RCW 86 . 16 , that portion of the subdivision shall have the written approval of the Department of Ecology before the City Council shall hear the final plat. 3) Trees. Every reasonable effort shall be made to pre- serve existing trees. 4) Streams. -� a) Every effort shall be made to preserve existing . streams , bodies of water, marshes and bogs. - 21 - b) If a stream passes through any of the subject pro- perty , a plan shall be presented which indicates _ how the stream will be preserved; methodology. should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c) The piping or tunneling of water shall be discouraged and allowed only when going under streets. d) Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. Section 3. 1. 2 Compatibility with Existing Land Use and Plans. 1) Buffer Between Uses . Where residential subdivisions are to be developed adjacent to business, commercial or industrial land use districts, buffer strips may be provided. 2) Continuity with Improved Additions . No plan for the replatting, subdivision, or dedication of any areas shall be approved by the City Council unless the streets shown therein. are connected by surfaced road or street (accord- ing to City of Kent specifications) to an existing street or highway. 3) Conformity with Existing Plans. The location of all streets shall conform to any adopted plans for streets in the City of Kent . 4) Trails Plan. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for ease- ments to the City for trail purposes. Section 3 1 3 Grading Permit A Grading Permit shall be required as per Chapter 70 of the Uniform Building Code as adopted by City of Kent, prior to any grading. Section 3. 1. 4 Streets 1) Relationship to Adjoining Street System. The proposed street system shall extend existing streets at the same or greater width, unless otherwise approved by the Engineering Department. 2) Street Names. All proposed street names shall be approved by the City of Kent. 22 - 3) Arterials, Intersections. Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 4) Dedicated Rights-of-Way. a) Street Alignment. The alignment of all streets shall be reviewed and approved by the City of Kent Engineer- ing Department. The following standards shall apply; unless otherwise approved by the Engineering Department. (1) Street Intersection Offsets . Where street inter- sections must be offset, such offsets shall not measure less than two hundred (200) feet from the centerline to centerline. (2) Cul-de-Sacs . Residential cul-de-sacs shall not exceed a length of six hundred (600) feet. (3) Street Grades . No street grades shall exceed fifteen (15) percent. (4) Tangents. A tangent of at least two hundred (200) feet in length shall be provided between reverse curves for community or major arterials , one- hundred-fifty (150) feet for neighborhood collector streets, and one hundred (100) feet for residential access streets . (5) Horizontal Curves. Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty (60) feet or more in width, the centerline radius of curva- ture shall be not less than three hundred (300) feet; on other streets , not less than one hundred (100) feet. (6) Vertical Curves. All changes in grade shall be connected by vertical curves of a minimum length of two hundred (200) feet unless specified other- wise by the Engineering Department. (7) Full Width Streets . All streets shall be platted at full width. i -23- b) Full Width Improvement. All street improvements shall be of full width improvement. Full width improve- ment shall consist of the following: (1) All streets, roads, and alleys shall be graded to their full width and the pavement and side- ' walks shall be constructed to standard cross sections . (2) All street and alley surfaces shall be of asphalt concrete according to City of Kent specifications. (3) All streets may have permanent concrete curbs and gutters according to City of Kent specifi- cations. (4) All streets shall have storm drains consisting of the proper size pipe and catch basins or open ditch - this to be determined at the time of the public hearing for the preliminary plat. Whenever open ditch is allowed no closed drains may be installed except across an authorized driveway. (5) All primary/major arterials, secondary arterials and collector streets shall have sidewalks, with a minimum of five (5) feet width, on at least one side. (6) All streets shall have street lighting located and installed in accordance with the determinations and standards of the Engineering Department. Street light spacing shall consider the dimensions of adjacent full-grown trees . (7) Adjacent to Unplatted Acreage. Streets which may be extended in the event of future adjacent platting may be required to be dedicated to the boundary line. Extensions of greater depth than an average lot shall be improved with temporary turn-a-rounds. Dedication of a full width boundary street may be required in certain instances to facilitate future development. (8) Planting Strips. Any planting strips in resi- dential subdivisions shall be not less than four (4 ) feet in width. -24- f0 1. width roadway and required slopes. The size openings t he provided shall be determined by Talbot' s formula, h,,)f in no case shall be less than twelve (12) inches . 3) WateK System. The water distribution system including t.fie- l.ocations of fire hydrants shall be designed and installed in accordance with City standards as defined by Engineering and Eire Department ordinances and re- qu i.r ement.s . Section-, 1 . 1 . 6 Public Use and Service Areas Due c;()n�sideration shall be given by the subdivider to the allc), +t.ion on adequately sized areas for public service usage . 1) Easements for Utilities . Easements may be required for the maintenance and operation of utilities as specified by the Engineering Department. 2) O.ttutunnity_ Assets . Due regard shall be shown for all natural features such as large trees , water courses , historical spots and similar community assets which, if preserved, will add attractiveness and value to the property. Section 3 . 1 . 7 Blocks 1.) RE,'.:;01nmended Length. Blocks should not be less than Uiree hundred 300) feet nor more than one thousand five hundred (1500) feet in length. Where circum- stances warrant, the Planning Commission may require one (1) or more public cross walks of not less than s.i.x (6) feet in width dedicated to the City to extend enirely across the width of the block at locations deemed necessary. Such cross walks shall be paved for their entire width and length with a permanent surface and shall be adequately lighted. 2 ) Width. Blocks shall be wide enough to allow two (2) tiers of lots , except where fronting on major streets cr prevented by topographical conditions or size of t.h(--� property, in which case the Planning Commission may approve a single tier. Sectio>> 3 . 1 . 0 Lots .1) Alrari eg ment. Insofar as practical , side lot lines shall be—a--t right angles to street lines or radial to curved st:r-,=cat lines . Each lot must front upon a public street n, road . i -26- 2) Minimum Size . The size , shape , and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appro- priate for the type of development and use contemplated. 3) Corner lots may be required to be platted with additional width to allow for the additional side yard requirements . 4) Lots which are bordered by two more or less parallel streets shall be permitted access to only one of those streets . 5) Property Corners at Intersections . All lot corners at intersections of dedicated public rights-of-way shall have a minimum radii of fifteen (15) feet. Section 3.1. 9 Other Improvements 1) Monuments . a) Concrete permanent control monuments shall be es- tablished at each and every controlling corner of the subdivision. Interior monuments shall be lo- cated as determined by the Engineering Department. All surveys shall be of second degree accuracy. The use of state plane coordinates is encouraged. b) All other lot corners shall be marked with suitable metal or wood markers. 2) Street Signs . The subdivider shall reimburse the City on the cost of the street name signs and installation necessary in the subdivision. Section 3. 1.10 Hillside Subdivisions 1) Hillside Subdivision Defined. A subdivision in which any lot in the subdivision has average slopes greater than fifteen (15) percent and in which any street in the sub- division has grades greater than seven (7) percent at any point. 2) Purpose. Additional regulations shall be placed on Hillside Subdivisions in order to protect the unique environment and to deal with additional drainage and erosion problems present in such areas. i -27- 3) The following standards shall apply to Hillside Sub- divisions. In addition, the regulations of Section 3. 1. 1 _ through 3. 1. 10 shall apply unless specifically excepted. a) Information concerning the soils, geology, drainage patterns, vegetation shall be presented in order to determine if the subdivision can be safely developed. b) Detailed plans for any proposed cut and fill opera- tions shall be submitted. These plans shall include the angle of slope, contours, compaction, and re- taining walls. c) Streets. (1) Streets may have a grade exceeding fifteen (15) percent. (2) Street widths may be less than those required in Section 3. 1. 4 6) b) (9) if it is found that traffic generated will be less than in a non- hillside subdivision. d) Lots. Lots may be required to be larger than mini- mum lot sizes required by the Kent Zoning Code. Generally, lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision. e) Clearing and Grading and Ground Coverage Requirements. Any clearing or grading shall be accompanied by erosion control measures as deemed necessary by the Engineering Department. The division of land for industrial and commercial purposes shall conform to the requirements and minimum standards of residential design except as provided in this section. Section 3. 2 . 1 Street Widths Pavement Right-of-Way Width Width INDUSTRIAL ARTERIAL 90 60 INDUSTRIAL COLLECTOR 80 44 INDUSTRIAL ACCESS 60 36 COMMERCIAL STREETS 60 36 ALLEYS 20 -28- Section 3 . 2 . 2 Increased Right-of-Way Requirements in Commer- cial Subdivisions The C:it;y may require that street widths in commercial sub- divisions be increased to provide for traffic movement and to reduce or eliminate traffic congestion . Sec 3.2. 3 $idewalk4 T1 dustrial arterial (90 ' right-of-way) , industrial :ors (80 ' right-of-way) , and commercial streets Sect ght-of-way) shall have sidewalks a minimum of five width, on both sides. All industrial and commer- Al -ess streets which are also 'through' streets shall _ of ewalks a minimum of five feet in width, on one (Amended - per City Council action, 915178) Sectiuii J.` . .j rcua..L.cvctu5 if railroad tracks are to be installed in a subdivision, such trac)cs and their route shall be shown on the face of the Vreliminary Plat. Section 3. 2 . 6 Blocks .1 ) Recommended Length. Blocks shall not be less than six H-6E—dred (6 0) feet or more than two thousand (2000) feet in Length. 2) Recoirunended Width. Blocks should be not less than three hsndred (300) feet in width, except where fronting on major streets or prevented by topographical conditions or. size of the property, in which case the Planning Commission may approve a lesser width . Blocks should not be greater than one thousand (1000) feet in width. Section .3 . 2 . 7 Lots 1.) (..)pt,ional . Lots are optional in industrial and commercial subdivisions . The size , shape and orientation of lots shall meet the minimum area and width requirements of the a})Pl.icable zoning classification and shall be appropriate tor the type of development and use contemplated. How- ever, if lots for individual sale or lease are created, they shall conform to the following criteria. a ) Arrangement. Insofar as practical , side lot lines shall be at right angles to street lines or radial to curved street lines . -29- b) Corner pots . Corner lots may be required to be platted wider than interior lots as determined by the Planning Department . SECTION 3. 3 GENERAL REQUIRE 1Ef1TS_ AfJD STA�JDARDS FOR �1OB_ILE HOf9E PARK DESIGN! The standards of Section 3 . 1 for Residential Subdivisions shall also apply to Mobile Home Park subdivision when Lots in such subdivisions are to be sold, unless other standards are speci- fically approved by the City . Amendment_ - per City Council action, 31 1 7175) -30- SECTION IV - EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY SECTION 4 . 1 EXCEPTIONS 1) Exception Requirements. The Planning Commission may recommend to the City Council an exception from the requirements of this code when, in its opinion, undue hardship may be created as a result of strict compliance with the provisions of this code. In recommending any exception, the Planning Commis- sion may prescribe conditions that it deems necessary to or desirable for the public interest. No exceptions shall be recommended unless the Planning Commission finds : a) That there are special physical circumstances or con- ditions affecting said property such that the strict application of the provisions of this code would de- prive the applicant of the reasonable use or develop- ment of his land; b) That the exception is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances. c) That the granting of the exception will not be detri- mental to the public welfare or injurious to other property in the vicinity. 2) Ap2lications Required. Application for any exception shall be submitted in writing by the subdivider at the time the pre- liminary plat is submitted to the Planning Department. The application shall state fully all substantiating facts and evidence pertinent to the request. SE.LT I MA1L-EEMMES 1) Any person, firm, corporation or association, or any agent of any person, firm, corporation or association who violates the provisions of this code shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed five hundred (500) dollars for each such violation, or imprisonment for a period not to exceed thirty (30) days, or both such fine and imprisonment . 2) In addition to the above, any person or firm who transfers, sells , or options any land which is undergoing platting pro- cedures before such plat or map has been approved by the City of Kent , and before the same has been filed for record in the office of the King County Department of Records and Elections -31- or the City Clerk shall, upon conviction, be subject to a fine not to exceed three hilnrlrpd (.300) dollars for each such violation, or imprisonment for a period not to exceed thirty (30) days , or both such fine and imprisonment. This provision does not apply when the original subdivider sells the entire parcel to another subdivider. 3) The King COu.nty Prosecuting Attorney may initiate an actin to enoin the transfer, sale, agreement, or option by making application for an injunction in the Superior Court . The Planning Commission , Planning or Engineering Departments may recover said penalty for the City of Kent by civil action in any court of competent jurisdiction. 9 4) Wheneve.r land within a subdivision granted final approval is used .in a manner or for a purpose which violates any provision of the state subdivision law (Chapter 134 Laws of 19 ?4 1st Extraordinary Session) or any provisions of the Kent Subdivision Code, or any term or condition of plat approval presciibed for a plat by the Kent City Council. , then the pros-_ cuting attorney, or the attorney general if the piosecut.Lng attorney shall fail to act, may commence an action tc_- restrain and enjoin such use and compel compliance with the provisions of the State subdivision law or the Kent Subdivision Code, or with such terms or conditicn.� . The costs of such action may be taxed against the vlolat:ax iArrf�ndment - per City Council action, 3/17;75) SECTIO u , 3 LIL,BI_E1TY City Not Liable . This code shall not be construed to relieve l from or essen the responsibility of any person owning any land or building , constructing _r mc:difying any subdivisions in the City for damages to any�)ne injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. SECTION 4. cJ SEVE_P,II LI TY If any part or lrartion if this code is determined to be uncon- stitutional by a court of competent jurisdiction, such deter- mination shall not affect the remainder of this code. _32-