Loading...
Ordinance 20-024 Amending Title 20 SVMC & Section 17.80.030CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 20-024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING TITLE 20 OF THE SPOKANE VALLEY MUNICIPAL CODE, AND SPOKANE VALLEY MUNICIPAL CODE SECTION 17.80.030 RELATED TO SUBDIVISIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) previously adopted Title 20 of the Spokane Valley Municipal Code (SVMC) relating to permitting and processing the subdivision of land as allowed pursuant to chapter 58.17 RCW, and has made subsequent amendments from time -to -time as appropriate; and WHEREAS, such regulations are authorized pursuant to chapter 36.70A RCW and chapter 58.17 RCW; and WHEREAS, City staff have proposed amendments to amend Title 20 SVMC and SVMC 17.80.030 to ensure consistency with chapter 58.17 SVMC and to align the subdivision permitting and processing requirements with current processes and procedures and the City's organizational structure; and WHEREAS, on December 17, 2019, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on September 4 and 11, 2020, notice of the Commission's public hearing was published in the Valley News Herald; and WHEREAS, on September 10, 2020, the Planning Commission (Commission) held a study session; and WHEREAS, on September 24, 2020, the Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation, followed by deliberations; and WHEREAS, on October 8, 2020, the Commission approved the findings and recommended that City Council adopt the amendments with the modifications proposed by the Commission; and WHEREAS, on October 20, 2020, City Council reviewed the proposed amendments and Commission Findings and Recommendations; and WHEREAS, on November 10, 2020 City Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, chapter Title 20 SVMC and SVMC 17.80.030 as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Ordinance 20-024 Page 1 of 25 Section 1. Purpose. The purpose of this Ordinance is to amend Title 20 SVMC and SVMC 17.80.030 to ensure consistency with chapter 58.17 RCW and to align the subdivision permitting and processing requirements with current processes and procedures and the City's organizational structure. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments. and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. Conclusion: The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety, welfare, and protection of the environment. Section 3. Amendment. Title 20 SVMC is hereby amended as follows: Chapter 20.10 AUTHORITY 20.10.010 Purpose This title is established in accordance with Chapter 58.17 RCW which authorizes cities to administer the process for the division of land. Chapter 20.20 GENERAL PROVISIONS Sections: 20.20.010 Purpose. 20.20.020 Exemptions. 20.20.030 Legal lot. 20.20.040 Approval required prior to recordation. 20.20.050 Prohibition against sale, lease or transfer of property. 20.20.060 Vertical datum. Ordinance 20-024 Page 2 of 25 20.20.070 Monumentation. 20.20.080 Professional land surveyor. 20.20.090 General design. 20.20.100 Findings. 20.20.110 Attached single-family subdivisions. 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, these regulations are necessary to: A. Promote the health, safety, and general welfare in accordance with standards established by the state and the City; B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisions with existing and planned streets in the surrounding community; D. Provide for adequate light and air; E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for housing and commercial needs of the community; H. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; I. Protect environmentally sensitive areas; J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; K. Ensure consistency with and further the goals and policies of the Comprehensive Plan; and L. Provide a process for the division of land for the following: 1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; 2. Subdivision. The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area; and 3. Binding Site Plan. An alternative method of dividing property interests for nonresidential development and applying to the phased division of any land for sale or lease which is zoned for commercial, business, office, mixed -use, or industrial development, or which is to be developed as condominiums or a manufactured home park. M. Except as otherwise specifically provided in this subsection, all processes of land division set forth in Title 20 SVMC shall be consistent with and subject to state law requirements, including but not limited to chapter 58.17 RCW. The provisions of chapter 58.17 RCW shall supplement the provisions of Title 20 Ordinance 20-024 Page 3 of 25 SVMC related to subdivisions and short subdivisions and may be relied on for that purpose; provided that any provisions of Title 20 SVMC relating to short subdivisions that conflict with chapter 58.17 RCW shall be construed and interpreted so as to be consistent with Title 20 SVMC. Any provision of Title 20 SVMC relating to subdivisions that conflicts with the requirements of chapter 58.17 RCW, as now adopted or hereafter amended, shall be construed and interpreted in a manner so as to be consistent with chapter 58.17 RCW. 20.20.020 Exemptions. A. The provisions of Title 20 SVMC shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); 2. Divisions made by testamentary provisions or laws of descent (RCW 58.17.040(3)); 3. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose (RCW 58.17.040(8)). B. The provisions of Title 20 SVMC shall not apply to the following; provided, that an application for exemption and drawing consistent with SVMC 20.20.020(C) is provided to the City: 1. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040(7)); 2. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; 3. Division or acquisition of land for public right-of-way; 4. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer- or investor -owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). C. An application for exemption for any of the purposes set forth in SVMC 20.20.020(B) shall be processed to determine whether the division is exempt with a minimum review for compliance with applicable adopted City regulations. The application shall be determined to be complete upon the submittal of the following materials: 1. An application; and 2. Maps, plans, and/or exhibits containing all applicable information as required by SVMC 20.30.020(B). 20.20.030 Legal lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: A. Lots created through subdivision, on a plat approved by the City or Spokane County separately describing the lot in question; or Ordinance 20-024 Page 4 of 25 B. Lots created through short subdivision, on a short plat approved by the City or Spokane County separately describing the lot in question; or C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was approved by the City or Spokane County; or D. A division of land prior to March 13, 1978; provided, that: 1. A tax segregation request was received by the Spokane County assessor's office prior to said date; or 2. A legal instrument(s) pertaining to said division was filed on record prior to said date; and 3. All state and local land development regulations were met at the time the lot was created or can be met prior to the issuance of a building permit; or E. Development shall be allowed on a lot owned by an innocent purchaser. For purposes of SVMC 20.20.030(E), an "innocent purchaser" is an owner of the property, other than the original owner that created the lot, and who did not have actual notice that the lot was created by a means other than specified in SVMC 20.20.030(A) through (D); or F. In the event a lot was created by a means other than as specified in SVMC 20.20.030(A) through (D), development shall be allowed on such lot if the development does not adversely affect the public interest. When determining the impact on the public interest, the City shall consider the following criteria: 1. Whether the proposed development is consistent with the public health, safety, and general welfare; 2. Whether the use meets the underlying zoning requirements and is consistent with the use of at least one adjoining property; and 3. Whether the lot was created on or before December 31, 2016. In the event an illegally created lot does not meet the criteria of SVMC 20.20.030(A) through (F), a development permit shall not be issued until such time that a legal lot is created. 20.20.040 Approval required prior to recordation. Any map, plat or plan, unless previously exempt, hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by Title 20 SVMC. 20.20.050 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of Title 20 SVMC without first receiving approval hereunder by the City and recording the approved division with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of Title 20 SVMC. 20.20.060 Vertical datum. Where topography is required to be shown, the land survey data shall be based on the North American Vertical Datum (NAVD-88). Ordinance 20-024 Page 5 of 25 20.20.070 Monumentation. Right-of-way, street centerline and street intersection monumentation shall be established as described by City -adopted street standards. In addition, for short subdivision, subdivision or binding site plans, every lot corner shall be marked or referenced in a permanent manner with the registration number of the professional land surveyor in charge of the survey in accordance with state law. 20.20.080 Professional land surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the state of Washington. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW and Chapter 332-130 WAC. 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans shall comply with the requirements of all applicable City plans, regulations, and design and development standards. In addition: A. The design, shape, size, and orientation of the lots shall be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in which they are located. B. Lot Arrangement. 1. Side lot lines shall generally be perpendicular to public street rights -of -way, but may be within 20 degrees of perpendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. 2. Corner Lots. a. The lot lines at the intersection of two public streets shall be located a minimum of two feet behind the back of curb. b. At the intersection of two arterial streets (collector, minor or principal), the applicant may be required to provide a widened border easement or right-of-way area behind the pedestrian ramp landing for the placement of traffic control devices and street lights and their related appurtenances (see Figure 20.20.01). The limits of the border easement and right-of-way area shall be determined by the City at the time of application. This area shall not extend more than 15 feet behind the landing. The boundary of this area may be defined by an arc that is tangent at each end to the standard border easement, typically located behind the back of sidewalk, or right-of-way if there is no border easement in the vicinity. If this area is already fully contained within right-of-way then no additional border easement width shall be required. The only utilities allowed within this area are those necessary for the function of the proposed lights, signals, et cetera. Ordinance 20-024 Page 6 of 25 15'. ;.r.r,LNT Lt,14D111(1_� SI[iE,./At '. RIf9I r- VAY_, rCSTI_RIN_ Figure 20.20.01 3. Lot Dimensions. -2' PIN. a. Lot dimensions shall comply with the minimum standards established in Chapter 19.70 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be permitted only where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, screening shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with SVMC 22.70.070; c. No building, except buildings designed and constructed as two-family dwellings or one -family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensions shall reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 1. Block Length. Block length shall comply with the adopted street standards. 2. Block and Lot Labeling. Blocks and lots shall be identified in sequential numerical order. 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted street standards, Comprehensive Plan and the proposed use of the land so divided. D. Lots shall not be divided by the City boundary or public right-of-way, and shall not be divided by any zoning designation unless exceptional circumstances exist. E. Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway. Ordinance 20-024 Page 7 of 25 F. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets, alleys or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with applicable City -adopted standards. G. Wastewater design shall comply with all applicable City regulations and other jurisdictional agency regulations. H. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City regulations and other jurisdictional agency regulations. I. All road designs shall comply with Chapter 22.130 SVMC and adopted street standards. J. Provisions for stormwater runoff shall comply with City regulations for stormwater management as set forth in Chapter 22.150 SVMC. K. Existing and proposed easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the short plat, plat, or binding site plan. The utility purveyors shall indicate to the department in writing that the easements are adequate for their service needs. L. The short subdivision, subdivision, or binding site plan shall provide for the location of underground utilities within public rights -of -way, border easements, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the city manager may waive the requirement for underground utilities. 20.20.100 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the department in the case of short subdivisions and binding site plans or the hearing examiner in the case of subdivisions shall determine and make written findings of fact that appropriate provisions are made for the following: A. The public health, safety, and general welfare; B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewalks, and other public ways; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreation; I. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; K. Whether the public interest is served by the short subdivision, subdivision, and binding site plan; L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and Ordinance 20-024 Page 8 of 25 M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. 20.20.110 Attached single-family subdivisions. Applications for an attached single-family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in Chapters 20.30 through 20.40 SVMC. Application for an attached single-family subdivision consisting of 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in Chapters 20.30 through 20.40 SVMC. Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.50 SVMC. Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.60 SVMC. Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. Chapter 20.30 PRELIMINARY SHORT SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS Sections: 20.30.010 Application. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. 20.30.010 Application. Prior to filing an application for a preliminary subdivision, short subdivision, or binding site plan, a pre - application conference pursuant to the provisions of Chapter 17.80 SVMC is required unless this requirement is waived by the city manager or designee. 20.30.020 Contents of application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: A. Maps and Exhibits. 1. Five copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used; 2. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; 4. A written narrative describing the proposal including, but not limited to, the number of proposed lots, nature of surrounding properties, proposed access, zoning, utility providers, method of sewerage, and timing of phasing of the development (if any). The narrative shall also address compliance to applicable sections of the Spokane Valley Municipal Code and other applicable regulations; Ordinance 20-024 Page 9 of 25 5. Public Notice Packet. One copy of a parcel map indicating properties immediately adjacent to the subject site and a title company search of current ownership of immediately adjacent properties. If the applicant owns adjacent property, the map should indicate parcels located immediately adjacent to the applicant's ownership. The title company search shall be current within 60 days of issuing the notice of application. If the information is more than 60 days old at the time the notice of application is issued, the applicant shall provide current information; 6. SEPA environmental checklist as applicable pursuant to State and local laws. 7. A plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or binding site plan is in the name of the owners signing. B. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). 1. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; 2. Title of the proposed division; 3. Location of subject property by quarter-quarter(s) of the section, township and range; 4. Legal description of the subject property with the source of the legal description clearly indicated; 5. A vicinity map at a scale of not more than 400 feet to the inch, except that the city manager or designee may approve an alternative scale if requested. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property; 6. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan, and the date map is prepared; 7. Boundaries of all blocks, lot numbers, lot lines along with their dimensions and areas in square feet; 8. Location and identification of existing utilities; 9. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest City street if there is no City street within 100 feet of the subject property. Streets shall be clearly identified as public or private as applicable; 10. All easements, including border easements, or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; 11. All existing easements that affect the subject property; 12. Location of any natural features such as wooded areas, streams, drainage ways, special flood hazard areas identified on the Flood Insurance Rate Map, or critical areas as defined in SVMC Title 21; 13. Location of existing buildings, septic tanks, drainfields, wells or other improvements, and a note indicating if they will remain or be removed; Ordinance 20-024 Page 10 of 25 14. Whether adjacent property is platted or unplatted. If platted, give the name of the subdivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with the recording numbers of any recorded covenants and easements; 15. Topographic information at five-foot maximum contour intervals, or at two -foot intervals where overall site topography is too flat to be depicted by five-foot intervals. Delineate areas with any slopes that are greater than 30 percent; and 16. Site data table showing number of proposed lots, existing zoning, water supplier, and method of sewerage. 20.30.030 Processing applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. 20.30.040 Distribution of plans. When the department determines that the application is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.30.050 Expiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. 20.30.060 Time extensions. An application form and supporting data for time extension requests shall be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The department may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or general welfare. The department may grant an initial three-year time extension. Additional one-year extensions may be granted by the department beyond the initial three-year extension. Prior to granting time extensions, the department shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by the department or affected agencies may be required as a condition of this extension. This may include new or updated City regulations deemed necessary to protect the public health, safety, or general welfare. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90 SVMC. Ordinance 20-024 Page 11 of 25 Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat or binding site plan. 20.40.035 Recordation. 20.40.040 Surety in lieu of construction limitations. 20.40.050 Phasing. 20.40.010 Final submittal. A. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of five copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; and 3. Two copies of a plat certificate dated within 30 days of the application filing date confirming that the title of the lands as described and shown on the short plat, subdivision, or binding site plan is in the name of the owners signing. C. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed and not replaced, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map with graphic bar scale and north arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown; 4. Reference and show adjoining surveys of record and plats; 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in 80,000 feet or 0.04 foot, whichever is greater; 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used; 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist; 8. Plat boundary and street center lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non -tangent line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; Ordinance 20-024 Page 12 of 25 9. Lots along curves shall show arc length and radius. For lot corners that are on non -tangent or non - perpendicular curves, the radial bearing shall be shown. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius; 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds. All partial measurements shown shall equal the total overall measurements shown; 11. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of dedicated or private road right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest square foot; and 12. Boundary points for corners shall be located and referenced to the current control network as established by the Spokane County GPS control project and that coordinate system. The controlling points used by this subdivision shall be indicated on the map. 20.40.020 Contents of final plat. All surveys shall comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standards for survey and land descriptions (Chapter 332-130 WAC), and any applicable City standards. The contents of a final short subdivision, subdivision or binding site plan shall include the following: A. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one -half -inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. B. The file number of the short plat, plat or binding site plan, location by quarter -quarter of a section, township and range shall be shown. C. The scale shall be 50 or 100 feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed 200 feet to the inch, provided a 400 feet to the inch reduced copy is also submitted. The scale shall be shown in a text form as well as a graphic bar scale. D. A bold boundary line shall delineate the existing perimeter boundary of the short plat, plat or binding site plan prior to any dedication to the public. E. The location and widths of streets, alleys, rights -of -way, and easements serving the property, parks and open spaces proposed within the division and those platted easements existing immediately adjacent to the division shall be shown and or identified. Areas to be dedicated to the public must be labeled. F. Layout and names of adjoining subdivisions, subdivision lots or portions thereof shall be shown within and adjacent to the subdivision boundary. G. The layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. I. Street addresses for each lot shall be shown. J. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. Ordinance 20-024 Page 13 of 25 K. Existing easements and utility easements shall be identified, shown and labeled. Recording information for the easement(s) shall be provided on the survey. Any easement and/or utility easement being created by this division shall be so identified, shown and labeled. L. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. M. A notarized certification and acknowledgements by the owner(s) and beneficiary, if other than the City, as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by him/her, or under his/her supervision; that the plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. Certification must be consistent with Chapter 58.09 RCW. O. The city council authorizes the City Manager or designee to approve and execute such final approval of any final plat, short plat, or binding site plan. If the plat contains multiple sheets, the first sheet shall contain the required signatures. The plat shall not be considered final unless it is reviewed by the following: 1. Spokane Valley Community and Public Works Senior Engineer; 2. Spokane Valley City Manager or designee; 3. Spokane County Environmental Services Director; 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County Treasurer; 6. Spokane County Assessor; and 7. Hearing Examiner for final subdivision plats only. 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval and applicable Spokane Valley Municipal Code and Revised Code of Washington requirements. Once all reviewing departments and agencies are satisfied all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of receipt thereof, unless the applicant consents to an extension of such time period (RCW 58.17.140). 20.40.035 Recordation. The completed final short plat, plat, or binding site plan shall be recorded with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. 20.40.040 Surety in lieu of construction limitations. A. Street Improvements. Pursuant to SVMC 22.130.040, street improvements include sidewalks, drainage, and approaches. Ordinance 20-024 Page 14 of 25 B. Non -Street Improvements. In lieu of the completion of the actual construction of any required non -street improvements prior to the approval of the final plat, short plat or binding site plan, the Community and Public Works department may accept a surety in an amount and with conditions satisfactory to the department consistent with the provision of RCW 58.17.130, and the criteria listed below. Non -street improvements may include, but are not limited to, fencing, landscaping, and trails. 1. The improvements will be completed within one year of the date of final approval; 2. The applicant for the surety does not have any outstanding improvements that have completed within other plats, short plats, or binding site plans within the City; 3. The surety is in the form of a cash savings assignment or irrevocable letter of credit at least 125 percent of the City -estimated value of the outstanding improvements. not been timely in an amount of 20.40.050 Phasing. Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions is not permitted. A master phasing plan shall be submitted with the preliminary subdivision or binding site plan for approval by the department. A phasing plan shall not require the City to allow phased mitigation. The phasing plan may be approved by the city manager or designee provided: A. The phasing plan includes all land identified within the legal notice; B. The sequence of phased development is identified by a map; C. Each phase has reasonable public or private infrastructure to support the number of dwelling units or proposed commercial or industrial development contained in that phase; D. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision or binding site plan; and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use; and E. The Community and Public Works Senior Engineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. Chapter 20.50 SUBDIVISION ALTERATIONS Sections: 20.50.010 Applications. 20.50.020 Preliminary plat alterations —Notice, decision, filing plan. 20.50.030 Final plat alterations —Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary or final plat. The application shall contain the signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites, or divisions in the subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all Ordinance 20-024 Page 15 of 25 parties to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration. Any alteration proposed under this chapter shall be subject to the requirements of Chapters 20.30 and 20.40 SVMC and RCW 58.17.215, as adopted or may be amended. 20.50.020 Preliminary plat alterations — Notice, decision, filing plan. A. Alterations of preliminary plats shall be classified as minor alterations and substantial alterations. A preliminary plat alteration for a minor alteration shall be classified as a Type II permit, provided the decision -making authority on the preliminary plat, or other law, allows for the administrative review of a minor alteration. Any preliminary plat alteration that constitutes a substantial alteration shall be classified as a Type 111 permit. Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215 subject to any specific requirements of this section. B. For alterations that constitute a substantial alteration, the City shall provide notice of the application to all owners of property within the subdivision in an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the subdivision proposed for alteration consistent with SVMC 17.80.110 and 17.80.120. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. C. Proposed alterations may be circulated to all agencies which were provided notice of the original preliminary plat proposal for review and comment. Proposed alterations shall be provided to any affected agency for review and comment. D. Alterations to subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws, other applicable approved conditions, and the public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the city manager or designee and filed with the City. 20.50.030 Final plat alterations — Notice, decision, filing plan. A. A final plat alteration shall be classified as a Type III permit if a public hearing is requested, or a Ty II it' no hearing is required. B. Upon issuing a Completeness Determination for a final subdivision alteration, the department shall provide notice of the application to all owners of property within the subdivision and in an appropriate regional publication or neighborhood newspaper or trade journal consistent with SVMC 17.80.110 and 17.80.120. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice. C. Proposed alterations shall be circulated to all agencies which were provided notice of the original preliminary plat proposal for review and comment. D. Alterations to final subdivisions may be approved if such alteration will be consistent with and conforms to all applicable State and local laws, other applicable approved conditions, and the public use and interest will be served by the alteration. Ordinance 20-024 Page 16 of 25 E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the city manager or designee and filed with the City and the Spokane County Auditor. Chapter 20.60 SHORT SUBDIVISION AND BINDING SITE PLAN ALTERATIONS Sections: 20.60.005 Purpose. 20.60.010 Application. 20.60.020 Final plat alterations — Notice, public hearing, decision, filing requirements. 20.60.030 Final short plat and binding site plan alterations — Notice, decision, filing requirements. 20.60.040 Record of survey to establish lots within a binding site plan. 20.60.005 Purpose. The purpose of this chapter is to provide for alterations of preliminary and final short subdivisions and binding site plans. All references to "short plat" and "binding site plan" shall include both preliminary and final short plats and binding site plans, respectively. 20.60.010 Application. An application may be submitted for any proposed alteration to a short plat or binding site plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or binding site plan, or portion thereof. A short plat or binding site plan alteration is classified as a Type II permit, except when the alteration proposes to alter a public dedication, in which case the alteration shall be classified as a Type III permit subject to a public hearing as described below. Both permit types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.215 subject to any specific requirements of this section. Any short plat or binding site plan alteration proposed under this section shall be subject to the requirements in Chapters 20.30 and 20.40 SVMC. 20.60.020 Short plat and binding site plan alterations — Notice, decision, filing requirements. A. Upon issuing a Completeness Determination for a short plat or binding site plan alteration, the department shall provide notice of the application to all owners of property within the subdivision, in an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of the short plat or binding site plan proposed for alteration in the same Ordinance 20-024 Page 17 of 25 manner and same type as was originally provided for the preliminary or final short plat or preliminary or final binding site plan proposed to be altered. B. Alterations proposing to alter a public dedication shall be processed consistent with the application procedures for Type III applications in SVMC 17.80.070 and RCW 58.17.215. For alterations that proposing to alter a public dedication, the City shall provide notice of the application to all owners of property within the short subdivision or binding site plan in an appropriate regional publication or neighborhood newspaper or trade journal, and to those owners of property within 400 feet of that portion of the short subdivision or binding site plan proposed for alteration consistent with SVMC 17.80.110 and 17.80.120. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as set forth in SVMC 17.80.120. C. Proposed alterations may be circulated to all agencies which were provided notice of the original short plat or binding site plan proposal for review and comment. Proposed alterations shall be provided to any affected agency for review and comment. D. Alterations to short plats or binding site plans may be approved by the city manager or designee, if the city manager or designee determines such alteration will be consistent with and conform to all applicable State and local laws, other applicable approved conditions, and that the public use and interest will be served by the alteration. E. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the short plat or binding site plan, which shall be signed by the city manager or designee and, for final short plats and final binding site plans, filed with the Spokane County auditor's office to become the lawful short plat or binding site plan of the property. 20.60.030 Record of survey to establish lots within a binding site plan. A record of survey may be filed subsequent to the recording of a final binding site plan to establish lots within the boundaries of the final binding site plan. The record of survey shall be classified as a Type I application and shall be reviewed pursuant to Chapter 17.80 SVMC and approved by the city manager or designee. The following information shall be provided on the record of survey: A. The binding site plan file number shall be referenced. B. The scale shall be 50 or 100 feet to the inch. If approved by the city manager or designee, an appropriate scale may be used which does not exceed one inch equals 200 feet, provided a one inch equals 400 feet reduced eight -and -one -half -inch by 11-inch copy is provided. C. A distinct wide boundary line shall delineate the boundary of the lot(s) being created. The boundary of the binding site plan shall be indicated and any lot(s) that have been created by filing of the final binding site plan and/or record of survey. D. Each lot shall be numbered consecutively, and the size of each lot shall be indicated on the record of survey. E. The location and widths of streets, alleys, rights -of -way, and easements within the binding site plan and those existing immediately adjacent to the lot being created shall be shown. Ordinance 20-024 Page 18 of 25 F. Street names shall be shown. G. Street addresses shall be shown. H. Restrictions required as conditions of preliminary approval shall be shown. I. Appropriate utility easements shall be shown. J. Certification of the professional land surveyor licensed in the state of Washington. K. The following signatures are required on the record of survey: 1. City of Spokane Valley City Manager or designee; 2. City of Spokane Valley Community and Public Works Senior Engineer; 3. Property owner. L. Illustrate any existing buildings located on the lot which is being created or altered. The department shall record approved record of surveys with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. Chapter 20.70 SUBDIVISION, SHORT SUBDIVISION, AND BINDING SITE PLAN VACATION Sections: 20.70.010 Vacation Application. 20.70.020 Subdivision vacation Process. 20.70.030 Short subdivision and binding site plan vacation — Application. 20.70.040 Short subdivision and binding site plan vacation — Process. 20.70.010 Vacation — Application. An application may be submitted for the proposed vacation of part or all of a subdivision, short subdivision, or binding site plan. The application shall contain the signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision, short subdivision, or binding site plan is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision, short subdivision, or binding site plan, or portion thereof. 20.70.020 Subdivision vacation — Process. A. Except as provided in subsection B below, vacation of a subdivision or portion thereof is classified as a Type III application. Upon submittal of a complete application for vacation of a subdivision or portion thereof, the department shall process the subdivision vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. Ordinance 20-024 Page 19 of 25 B. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC, RCW 35A.47.020, and chapter 35.79 RCW. 20.70.030 Short Subdivision and binding site plan vacation — Process. A. Except as provided in subsections B and C below, vacation of a short subdivision, binding site plan, or portion thereof is classified as a Type II application. Upon submittal of a complete application for vacation of a short subdivision, binding site plan, or portion thereof, the department shall process the vacation request pursuant to Chapter 17.80 SVMC. B. Vacation of any area designated or dedicated for public use within a short subdivision or binding site plan is classified as a Type III application. Upon submittal of a complete application for vacation of an area designated or dedicated for public use within a short subdivision or binding site plan, the department shall process the vacation request pursuant to Chapter 17.80 SVMC and in a manner consistent with RCW 58.17.212. C. Vacation of city streets shall utilize the procedures for street vacations set forth in chapter 22.140 SVMC, RCW 35A.47.020, and chapter 35.79 RCW. Chapter 20.80 BOUNDARY LINE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review process. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot or parcel boundaries on existing lots or parcels. In this section "lot" shall mean a parcel of land having fixed boundaries described by reference to a recorded plat, a recorded binding site plan, by metes and bounds, or by section, township, and range, and be of sufficient area to meet minimum zoning requirements. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments; B. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations; C. Such alteration shall not result in a building setback violation or site coverage to less than prescribed by the zoning regulations; and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. Ordinance 20-024 Page 20 of 25 DRAFT 20.80.020 Review process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to Chapter 17.80 SVMC. 20.80.030 Application and drawing requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the department and shall provide the following information: A. Existing Conditions Site Plan. Produce a to -scale site plan on an eight -and -one -half -inch by 11-inch sheet with one -inch margins on all sides showing the following information: 1. The existing dimensions and square footage of the existing property(ies) involved; 2. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) from all property lines; 3. The identification, location and dimension of all access and utility easements; 4. The location, dimensions and names of public and/or private streets abutting the property(ies); and 5. North arrow and scale shall be noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to -scale plan on an eight -and -one -half -inch by 11-inch sheet with one -inch margins on all sides showing the following information: 1. The location and setbacks of any permanent improvements (i.e., structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; 2. The identification, location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; 4. Indicate the existing property lines to be revised with a dashed line and the proposed property lines with a solid line if applicable; and 5. North arrow and scale shall be noted. C. On a separate sheet of paper (eight and one-half by 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one -inch margins on all sides. D. One copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). E. If available, submit a copy of an original plat for the subject property. A copy of the general land office plat is not required. F. A record of survey of the property may be required by the city manager or designee. The need for a survey will be determined based on an evaluation of the number of parcels, legal descriptions, appurtenances, disputed or apparent lines of ownership, and setbacks. If required, the survey must be completed by a professional land surveyor licensed in the state of Washington. 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spokane County auditor's office and submit copies of the recorded documents to the Spokane County assessor's office. All fees for such recording shall be paid by the applicant prior to recording. Ordinance 20-024 — Subdivision Regulations Page 21 of 25 DRAFT Section 4. Amendment. SVMC 17.80.030 is hereby amended as follows: 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Ordinance 20-024 — Subdivision Regulations Page 22 of 25 DRAFT Table 17.80-1— Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross -Reference Type I Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121, 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Type II Alterations —preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) 20.60 Binding site plan — preliminary and final 20.50 Minor alterations — preliminary subdivisions 20.50 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision — preliminary and final 20.30, 20.40 Vacation — short subdivisions and binding site plans where there is no vacation of an area designated or dedicated for public use 20.70 Wireless communication facilities 22.120 Ordinance 20-024 — Subdivision Regulations Page 23 of 25 DRAFT Type Land Use and Development Application SVMC Cross -Reference Type III Alterations — final subdivisions (where a public hearing is requested) 20.50 Alterations - preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) 20.60 Conditional use permits 19.150 Planned residential developments 19.50 Subdivisions - preliminary 20.30 Substantial alterations — preliminary subdivisions 20.30 Vacation — subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use 20.70 Variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Type N Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. (Ord. 18-007 § 4 (Exh. A), 2018; Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016). Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Ordinance 20-024 — Subdivision Regulations Page 24 of 25 DRAFT unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 24'1day of November, 2020. ATTEST: kt-LL4,_ Christine Bainbridge, City Clerk Approved, o Form: Office of the City Attorney Date of Publication: Effective Date: I 24)2.c, a, up Ben Wick, Mayor Ordinance 20-024 — Subdivision Regulations Page 25 of 25