Chapter 18.26
SHORT SUBDIVISIONS AND SHORT PLATS
Sections:
18.26.020 Filing procedure and fee.
18.26.030 Departmental review.
18.26.050 Preliminary approval.
18.26.070 Public utility service.
18.26.080 Revisions to short subdivisions.
18.26.010 Applicability.
(1) Every short plat and/or short subdivision shall comply with the provisions of this section and this chapter. The short subdivision area shall consist only of two to six lots with related tracts of land (stormwater, trails, etc.), which are divided from the original parcel, lot or tract and are proposed to be sold or leased.
(2) Further Divisions. Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains six or fewer parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of six lots within the original short plat boundaries. (Ord. 09-20 § 1, 2020).
18.26.020 Filing procedure and fee.
(1) The number of copies prescribed by the planning department of a proposed short plat shall be filed with the city.
(2) 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 short plat application is filed therewith.
(3) At the time the application for short plat is submitted to the city, the applicant shall also submit proof of date of segregation, showing the date that the total parcel, as it is now legally described, was originally created;
(4) Additional preliminary short plat procedures shall follow the required review, notice and approval processes specified in BMC Title 20. (Ord. 09-20 § 1, 2020).
18.26.030 Departmental review.
(1) The city engineer shall review the short plat for adequacy of access, storm drainage facilities, water supply, sanitary sewer system, other related utility systems, survey accuracy, and feasibility for building sites.
(2) The planning director shall review the short plat for compliance with the subdivision regulations and the zoning code and the State Environmental Policy Act, and consistency with the comprehensive plan. (Ord. 09-20 § 1, 2020).
18.26.040 Review criteria.
(1) In compliance with review criteria listed in RCW 58.17.110, reflected in BMC 18.22.010, the review authority shall inquire into the public use and interest proposed to be served by establishment of the proposed short 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; or
(l) Whether the public use and interest will be served by the platting of such short subdivision and dedication.
All of these listed short plat review criteria are required to be considered for preliminary short plat approval. Additional review criteria most applicable to short plats are described further below:
(2) Access.
(a) The proposed short plat may be reviewed for adequate ingress and egress to all proposed lots. Extension of roads or access rights from property line to property line of the short plat subdivision land may be required so that the road may be extended in the future, as consistent with constitutional requirements and the planned and/or anticipated transportation needs of the city. If there is other reasonable access available, the city engineer may limit the location of direct access to city arterials or other city roads. When an adjoining landowner will be obligated to construct or maintain a future road connection, a note to this effect shall be stated on the face of the short plat.
(b) Road Reserved Areas. Where a city collector or arterial street is proposed as per adopted plan, the planning director or city engineer shall require the adopted right-of-way area section to be reserved as a street for future development, unless the city engineer makes written findings that unique circumstances and undue hardship justify a narrower width.
(c) Private Streets. Unless the city has adopted plans for a city collector or arterial street on or adjacent to the properties in issue, the city engineer may approve a private street, if all persons and their successors who own the land adjoining the private street within the short plat and adjacent properties have equal legal rights to use the private street. The developer shall bear the expense of constructing the private street. Where the short plat or land beyond the short plat has the potential of being further subdivided, then the private street shall be required to have a right-of-way width equivalent to city standards as per the adopted street plan.
(d) All owners of property taking access from the private street shall share equally in the maintenance of the private street.
(e) Private streets shall only be permitted to be constructed in short plats or to serve unplatted lots of record.
(3) Drainage. The proposed short plat shall be reviewed for existing and proposed drainage facilities.
(4) Sewers or Septic Tanks. The proposed short plat shall be reviewed for provision of sanitary sewage facilities serving the development per adopted sanitary sewage requirements. If known local conditions exist which may affect future building sites, these conditions shall be stated on the face of the short plat.
(5) Feasibility for Building Sites. All critical areas, setbacks, and any building restrictions that affect the feasibility of the building site shall be noted on the face of the short plat.
(6) Water Supply and Fire Protection. The proposed short plat shall be reviewed for potential adequacy of water supply and fire protection and necessary fire flow and required fire hydrant(s) shall be installed as required by the fire chief or his/her designee.
(7) Denial of Short Plat. Failure to comply with subsections (3), (4) or (6) of this section shall be criteria for which a short plat can be denied. Existing city standards shall be used during the review process. (Ord. 09-20 § 1, 2020).
18.26.050 Preliminary approval.
(1) Review. The city shall complete its review and issue either preliminary approval or disapproval of the proposed short plat or short subdivision, or return the application for modification or correction according to review timelines specified in BMC Title 20, unless an environmental analysis is required as stated in this chapter. Upon receipt of a short plat in proper form by the city, the planning director shall forward one copy of the application to the public works director, the city engineer, fire chief and other departments and agencies, who shall review and make recommendations on the proposed plat.
A proposed short plat shall not be approved unless the planning director issues a notice of decision to the applicant which contains the following written findings:
(a) Appropriate provisions are made for the public health, safety, convenience, quality of life and general welfare, in accordance with city of Buckley codes and standards.
(b) The public use and interest will be served by the platting of such subdivision.
(2) Improvements Required. The city engineer shall provide minimum installation standards in regard to materials, design and construction. Said standards shall be appropriate to the locality, topography, soil conditions and geology of the area in which the proposed subdivision is to be developed and improved and shall be basic requirements to be met by all developers. Said standards shall be made available to all developers, and their surveyors and engineers. All improvements shall be constructed in accordance with the city of Buckley development guidelines and public works standards. (Ord. 09-20 § 1, 2020).
18.26.060 Final approval.
(1) The final short plat shall receive final approval according to the review process, decision authority, and timelines specified in BMC Title 20, after all required improvements have been constructed and the construction approved by the city engineer, or after the owner or developer of the short plat has entered into a contract and posted a 150 percent performance bond with the city guaranteeing that all required construction of improvements will be completed within one year. For final approval the short plat shall be submitted in a format prescribed by the planning department and then recorded with the county auditor upon approval.
(2) A complete final short plat application shall be submitted to the planning department within five years after preliminary approval. The planning director may extend the time for submission of a final short 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 approval shall lapse.
(3) For short plats preliminarily approved but not finalized prior to the effective date of the ordinance codified in this section, the expiration date shall be five years from the date that notice is mailed to the property owner.
(4) Short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing of final plat, unless the applicant consents to an extension of such time period. (Ord. 09-20 § 1, 2020).
18.26.070 Public utility service.
No public utility service will be provided to any buildings or improvements constructed within a short plat until the construction of all required improvements has been completed and approved by the city engineer or unless the requirements set out in BMC 18.26.060 have met with compliance. These public utility services shall include water supply, sanitary sewer service, and natural gas. (Ord. 09-20 § 1, 2020).
18.26.080 Revisions to short subdivisions.
Minor revisions to short subdivisions may be approved by the planning director if they do not qualify as lot line adjustments, do not create any additional lots, do not alter a dedication and do not alter or increase adverse impacts on adjoining properties and are consistent with the public interest and the comprehensive plan. All alterations and vacations involving increased impacts or dedications shall be subject to RCW 58.17.212 and 58.17.215, as now or hereafter amended. All minor revisions shall be recorded with the county auditor as an amendment to the short subdivision. (Ord. 09-20 § 1, 2020).