Chapter 18.22
SUBDIVISION – SUBMITTAL AND REVIEW
Sections:
18.22.010 Preliminary application and approval.
18.22.020 Preliminary plat amendments.
18.22.030 Final application and approval.
18.22.010 Preliminary application and approval.
(1) The developer or their surveyor shall transmit the number of copies prescribed by the planning department of the preliminary plat application, together with the intake fee and deposit fee specified in BMC 18.32.010, to the planning department, which shall transmit copies of the plat application in accordance with the city’s permit procedures. The application fee, with related anticipated costs in the form of a deposit as specified in an adopted city resolution, shall be paid to the city at the same time the proposed plat application is filed.
(2) The proposed plat or subdivision shall be prepared by a licensed land surveyor.
(3) The applicant and planning department shall follow the required review, notice and approval processes specified in BMC Title 20.
(4) Following issuance of an environmental determination under SEPA and preparation of all appropriate environmental documents, the review authority shall review the preliminary plat at an open record public hearing to ensure conformance of the proposed plat to the general purposes of the comprehensive plan and to all relevant standards. The review authority shall inquire into the public use and interest proposed to be served by the establishment of the proposed plat, and shall determine if appropriate provisions are made for, but not limited to:
(a) Public health, safety, and general welfare;
(b) Open spaces;
(c) Drainage ways;
(d) Streets or roads, alleys, other public ways;
(e) Transit stops;
(f) Potable water supplies;
(g) Sanitary wastes;
(h) Parks and recreation;
(i) Playgrounds;
(j) Schools and schoolgrounds;
(k) Sidewalks, crosswalks, pathways and other planning features that ensure safe walking conditions for students who only walk to and from school, as well as in areas other than schools;
(l) Whether the public use and interest will be served by the platting of such subdivision and dedication; or
(m) Whether the preliminary plan complies with all applicable requirements in Chapter 18.16 BMC, Standards and Policies.
(5) Based upon the evidence presented and in consideration of all applicable criteria, the review authority shall approve or disapprove the preliminary plat. The review authority shall not, as a condition to the approval of any plat, require a release from damages to be procured from other property owners. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval, as allowed by law. Dedications shall be clearly shown on the final plat. Every decision made under this section shall be in writing and shall include findings of fact and conclusions to support the decision. Following the review authority’s decision, a notice of decision shall be issued to the applicant within 90 days from the date of filing unless the applicant consents to an extension of time; provided, that the 90-day period shall not include the time spent preparing and circulating an environmental impact statement.
(6) If the preliminary plat or subdivision is approved by the review authority, the applicant/developer before requesting final plat approval shall install the required improvements by either of the following methods:
(a) By actual installation of required improvements to the satisfaction of the city engineer and in accordance with the city’s adopted development guidelines and public works standards.
(b) By furnishing the city with a plat or subdivision bond, in which assurance is given the city that the installation of the required improvements will be carried out in accordance with the public works standards to the satisfaction of the city engineer, at the discretion of the city engineer. The amount of the plat or subdivision bond or other appropriate security shall be determined by the city engineer in accordance with the city’s adopted public works standards and shall be for a maximum time period of two years.
(7) After completion of all required improvements, upon submittal of a final plat application, the city engineer shall submit a written notice to the planning department stating that the developer has completed the required improvements in accordance with Chapter 18.20 BMC and the public works standards.
(8) Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway (SR 410 and SR 165) or within two miles of the boundary of a state or municipal airport shall be provided to the Washington State Secretary of Transportation. The Secretary shall respond to the city within 14 days of such notice as to the effect the proposed subdivision will have on the state highway or airport. (Ord. 09-20 § 1, 2020).
18.22.020 Preliminary plat amendments.
This section provides the criteria and limitations for amending an approved use permit or preliminary plat, including conditions of approval. Modifications of projects shall first be evaluated and then, depending on the extent of the modifications, a process as identified below will be followed:
(1) Administrative. The city will evaluate each modification and offer design solutions in a collaborative manner with the project proponent. Proposed changes that do not increase impacts to surrounding property owners or modify the intent of the original decision may be considered. In those instances where the modification increases adverse impacts, such as stormwater, traffic, reduced open space, or noise, in a manner that was not disclosed in this project approval, minor or major amendment procedures shall be followed.
(2) Minor Amendment, Purpose. Minor amendments address those changes to an approval that fall within the scope of the original approval and do not increase impacts to surrounding properties.
(a) Any additions or expansions proposed through minor amendments that individually or cumulatively exceed the requirements of subsection (2) of this section shall be reviewed as a major amendment and shall be subject to current development regulations.
(b) Required Written Findings and Determinations. The director’s written decision on a minor amendment shall include findings and conclusions, based on the record, to support the decision. A finding that addresses the applicability of any specific conditions of approval from the original permit shall be required. A proposed minor amendment shall not be approved unless the director makes written findings that:
(i) Any change of use, or modification of housing type, is permitted outright in the current zone classification and meets all requirements of the zoning code;
(ii) Proposed changes to conditions of approval fall within the scope of the original approval and comply with the intent of the original condition;
(iii) Proposed changes to conditions of approval or the proposal do not result in increased impacts to the surrounding property owners or modify the intent of the original decision. Impacts may include, but are not limited to, stormwater, traffic, open space, or noise;
(iv) The perimeter boundary of the original site is not being increased over five percent of the original area;
(v) The change does not increase the overall residential density of the project;
(vi) The proposal does not increase the overall hard surface on the site by more than 10 percent;
(vii) Access points are not reduced, increased or significantly altered;
(viii) The proposal does not reduce designated open space; and
(ix) The proposal does not increase the number of lots.
(c) Approvals. The director has the authority to approve or deny any proposed minor amendment and may impose additional or altered conditions and requirements as necessary. Minor amendment approvals shall follow the required review, notice and approval processes specified in BMC Title 20.
(3) Major Amendments. The following is required for all proposed amendments to a preliminary plat that exceed the minor amendment criteria:
(a) The planning department shall set a date for public hearing before the review authority after all requests for additional information or plan corrections have been provided, if applicable, and if either a determination of nonsignificance (DNS or MDNS) or EIS (FEIS or FSEIS), if required, has been issued.
(b) Any amendment that requires a permit other than those granted in conjunction with the original preliminary plat approval shall require the approval of such permit before or with the decision on the proposed major amendment.
(c) The review authority’s written decision on the major amendment shall include findings and conclusions, based on the record, to support the decision. The review authority shall inquire into the public use and interest proposed to be served by the amendment of the subdivision and dedication. A proposed major amendment shall not be approved unless the review authority makes written findings that:
(i) The proposed major amendment addresses all applicable conditions of approval for the original permit;
(ii) Appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, critical areas, drainage ways, streets, roads, alleys, and all other relevant facts, including other planning features that ensure safe conditions;
(iii) The public use and interest will be served;
(iv) The proposal does not increase the number of lots more than five percent of the original proposal.
(d) Approvals. The review authority has the authority to approve or deny any proposed major amendment and may impose additional or altered conditions and requirements as necessary to ensure that the proposal conforms with the intent of the comprehensive plan, and other applicable city codes and state laws.
(e) Amendments shall follow the required review, notice and approval processes specified in BMC Title 20. (Ord. 09-20 § 1, 2020).
18.22.030 Final application and approval.
(1) The final plat shall conform to the preliminary plat as approved by the review authority. If desired by the applicant/developer, the final plat may constitute only that portion of the preliminary plat which is proposed to be recorded and developed at the time. The developer shall submit a paper original and the number of copies prescribed by the planning department of the final plat and other required exhibits to the planning department. A complete final plat application shall be submitted to the planning department within five years after approval of the preliminary plat. The planning director may extend the time for submission of a final plat up to an additional 24 months for good cause shown. If no final plat is filed within five years or no extension given, the preliminary plat approval shall lapse.
(2) The planning department shall review the final plat to determine if the plat conforms with the conditions of the preliminary plat. Final plats shall be approved, disapproved, or returned to the applicant by the review authority within 30 days from the date of filing of final plat, unless the applicant consents to an extension of such time period. Upon approval of the final plat, the developer shall obtain the required signatures on the final plat, and record it in accordance with RCW 58.17.160.
(3) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the review authority finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Sales or agreements to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval shall be governed by the provisions of RCW 58.17.200 and 58.17.205. (Ord. 05-23 § 2, 2023; Ord. 09-20 § 1, 2020).
18.22.040 Expiration.
If a final plat has not been recorded with the Pierce County auditor’s office within 10 calendar days after approval by the city council, the map shall expire and be null and void. To revitalize the expired subdivision plat map, the map shall be resubmitted as a preliminary plat map. (Ord. 09-20 § 1, 2020).