Chapter 17.15 GENERAL PRINCIPLES OF ACCEPTABILITY

This title shall apply to all divisions of land into two or more lots or tracts, for the purpose of sale, lease or transfer of ownership. Except as provided herein the provisions of this title shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose.

(2) Any division of land into lots or tracts each one of which is 20 acres or larger, or in the case of zone classifications requiring a minimum lot area greater than 20 acres, each of which complies with the lot area requirements of that classification.

(3) Any division of land made by testamentary provisions or the laws of descent. Lots created by this means which do not meet current zoning will be treated the same as legal substandard lots as provided in the bulk regulations of the city of Burien zoning code.

(4) Any division of land into lots or tracts consistent with RCW 58.17.040(7) for which a residential condominium binding site plan has been recorded in accordance with the provisions set forth in Chapter 17.50 BMC, Residential Condominium Binding Site Plan.

(5) Any transfer of land to a public body, or any division of land solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, that no more than four lots are created; and provided further, that any remaining lot or lots which are not consistent with the city of Burien zoning, access, or health requirements shall not be considered as building sites by the city of Burien.

(6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site, provided the adjustment is reviewed and approved as set forth in BMC 17.15.120.

(7) Any conveyance of land by a partial fulfillment deed pursuant to a real estate contract; provided that the entire lot within the original real estate contract shall be recognized as a single legal building site until the property is subdivided in compliance with this title, and that there shall be no retransfer of any lot created by partial fulfillment deed without compliance with this title.

(8) Any division of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding plan for the use of the land as a mobile home part has been approved by the city of Burien in accordance with applicable codes, regulations and ordinances. [Ord. 29 § 1(4), 1993]

17.15.020 Conformance to code.

The subdivision shall conform to this chapter and Chapter 17.20 BMC. [Ord. 29 § 1(5), 1993]

17.15.030 Streets – Conformance to master plan.

Streets shall conform in effect to the master plan as adopted and/or to the general pattern of the highway system of the city of Burien. [Ord. 29 §1(6), 1993]

17.15.040 Streets – Conformance to suggested plan.

If a preliminary or suggested plan or plat for the area has been made by the city of Burien, the street layout shall be in general conformance thereto. [Ord. 29 § 1(7), 1993]

17.15.050 Public welfare interest.

The proposed subdivision and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area and the subdivider shall present evidence to this effort when requested by the city of Burien. [Ord. 29 § 1(8), 1993]

17.15.060 Encroachment on future public areas.

The tract to be subdivided should not be a part of or encroach upon an area or areas designated in the master plan for future public facilities. [Ord. 29 § 1(9), 1993]

17.15.070 Frontage on high volume trafficways.

Frontage on high volume trafficways shall be provided with parallel service streets or such other medium of access as may be appropriate to the conditions. [Ord. 29 § 1(10), 1993]

17.15.080 Buffer strips – Railroads.

Where railroads are involved, provision of grade separations, buffer strips and other protective treatment shall be required to the extent and type as may be practicable. [Ord. 29 § 1(11), 1993]

17.15.090 Buffer strips – Residential and commercial areas.

Where residential subdivisions are to be developed adjacent to the business, commercial or industrial land use districts, buffer strips or other protective treatment should be provided to the extent and type as may be practicable. [Ord. 29 § 1(12), 1993]

17.15.100 Subdivisions bordering municipalities.

Subdivisions adjacent to municipalities shall be considered with respect to the special subdivision standards of the municipality as well as the requirements of the planning commission. [Ord. 29 § 1(13), 1993]

17.15.110 Large subdivisions.

Where a tract is subdivided into lots of an acre or more, the Burien department of community development may require an arrangement of lots and streets such as to permit a later resubdivision in conformity with the street and lot requirements specified in these regulations. [Ord. 29 § 1(14), 1993]

17.15.120 Boundary line adjustments.

(1) Any proposed adjustment of boundary lines must be reviewed and approved by the manager prior to the transfer of property ownership of land between adjacent separate lots. The purpose of the manager’s review is to determine if the proposed division meets the exemption requirements of BMC 17.15.010. In order to determine if the boundary line adjustment is exempt, the manager shall examine the city of Burien zoning code, shoreline management program, applicable board of health rules and regulations, and, in addition for developed lots, International Fire and Building Codes.

(2) Initial adjustment approvals shall expire if the authorized deeds transferring property ownership, together with a copy of the approved boundary adjustment, are not recorded within one year of adjustment approval.

(3) Revisions of approved boundary line adjustments may be permitted within the one-year approval period without a new application only if the authorized adjustment and the deeds transferring ownership have not been recorded. Modifications of recorded adjustments will require the review and approval of a new application package. [Ord. 652 § 1 (Exh. A), 2017; Ord. 29 § 1(15), 1993]

17.15.130 Lots created in violation of this title.

(1) For purposes of this title, an innocent purchaser shall mean an individual who has purchased real property for value, has not received actual notice that the lot has not been legally created as provided in this code, and has not previously been granted innocent purchaser status by the city of Burien. All contiguous lots created in violation of this title and which are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot.

(2) An innocent purchaser of a lot created in violation of the city of Burien subdivision requirements, who files a notarized affidavit of innocent purchase with the department on forms satisfactory to the manager shall be treated as follows for purposes of determining zoning compliance, and for establishing eligibility for building permits and future subdivisions:

(a) A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area and lot width;

(b) Innocent purchaser lots which do not meet current zoning requirements, but which did meet zoning requirements in effect at the time that they were created, will be treated the same as legally created substandard lots as provided in the bulk regulations section of the Burien zoning code; and

(c) Innocent purchaser lots which do not meet current zoning requirements and which did not meet the zoning requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits. [Ord. 29 § 1(16), 1993]

17.15.140 Street/highway connections.

No plan for the replatting, subdivision or dedication of any area shall be approved by the city of Burien unless the streets shown therein are connected by a surfaced road or street (according to city specifications) to an existing dedicated highway of the city. [Ord. 29 § 1(17), 1993]

17.15.150 Ditches – Drainage.

Proper facilities, as required by the city engineer, shall be provided for the drainage of road ditches on steep grades in order to minimize the damage of erosion. [Ord. 29 § 1(18), 1993]

17.15.160 Trees – Placement.

If street trees are to be used, it is preferred to have them planted outside the right-of-way. [Ord. 29 § 1(19), 1993]

17.15.170 Sidewalks, walkways.

Sidewalks or walkways shall be required for all existing and proposed streets including perimeter streets in business and residential subdivisions as specified in Chapter 17.20 BMC. [Ord. 29 § 1(20), 1993]

17.15.180 New streets, rights-of-way.

Where the master plan and/or the city street plan indicates the necessity of a new right-of-way of a required width or portion thereof for street purposes, in order to complete the articulation of the city street pattern, whether within a new plat, new subdivision, or along the boundaries of a new plat, new subdivision of new lot, such required right-of-way or portion thereof shall be dedicated to the city of Burien by the filing of a plat. [Ord. 29 § 1(21), 1993]

17.15.190 Cemeteries.

The area of a cemetery in one unit shall be not more than 80 acres which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or platted streets or highways, the areas on opposite sides of said streets or highways shall form and be considered separate units. In the matter of marginal streets, cemeteries shall be governed by the general platting regulations. [Ord. 29 § 1(22), 1993]

17.15.200 Parks, playgrounds, open public spaces.

If required by the department of community development, all plats must provide by dedication, areas for park, playground, or open public spaces to the extent determined as required on the basis of density of population. [Ord. 29 § 1(23), 1993]

17.15.210 Waterfront plats.

Plats contiguous to lakes, streams or bodies of water must have lots or tracts larger than minimum if necessary, in order to allow for septic tanks, with their drainage fields to be built not closer than 100 feet to such lake, stream, or body of water, unless connection can be had to an approved sewerage system or unless a different arrangement is approved by the Seattle-King County department of health and the city of Burien. [Ord. 29 § 1(24), 1993]

17.15.220 Dedication for recreational purposes.

Unless topography and ground conditions prevent, the department of community development may require the dedication of a reasonable amount of property to the state of Washington for recreational and fishing purposes forever, and may also require such dedication of the approaches to such areas as may be required by the State Department of Game. [Ord. 29 § 1(25), 1993]

17.15.230 Conformance to zoning code.

No lot or portion of a lot in this plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use (zone) district in which located.

(1) All final plats shall have their areas divided into use (zone) districts in accordance with and to become governed by the restrictions, rules and regulations of the zoning code, which said restrictions are applicable in that they govern the use (zoning) of the plat.

(2) Covenants, as to use and resale binding all future owners of lots, more severe than the requirements of the zoning code, may be shown on the plat. [Ord. 29 § 1(26), 1993]

17.15.240 Variances and exceptions.

Variations and exceptions from the dimensional standards and improvement requirements, as set forth in this title, may be made by the hearing examiner in those instances where it is deemed that hardship, topography or other factual deterrent conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of these regulations and requirements. [Ord. 61, 1993; Ord. 29 § 1(27), 1993]

17.15.250 Future use of streets – Intersection angles and grades.

Due regard should be given in every case to the topography of the area, the use of the street for utility purposes and its future use for rapid traffic purposes.

(1) When any streets or alleys intersect with high volume traffic routes or at angles that may prove dangerous, the grades shall be given special approval requirements.

(2) Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. [Ord. 29 § 1(28), 1993]

17.15.260 Playfields, parks, etc. – Preservation of features.

(1) The department of community development shall specify to the extent required, the allocation of playfields, parks and other open public spaces that may be essential to a proper development of the areas or neighborhood.

(2) Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses and historic sites. [Ord. 29 § 1(29), 1993]

17.15.270 Public sewer, water supply systems – Prior approval.

(1) For preliminary plats approved by the council prior to the effective date of the ordinance codified in this title, public sewer or water to serve such plats are adequate and such plats are eligible for final plat approval if:

(a) The plat is within a local service area identified in the sewerage general plan or served by existing installed facilities as described in subsection (3) of this section; or within an area identified in a community plan approved by the Burien city council as an area to be served by public sewer or water systems; and

(b) The plat is served by a district, municipality or water purveyor which has certified its ability and intent to serve the proposed plat; and

(c) Public sewer and/or water facilities to serve the plat have been installed or a bond, contract or other secure method provides for and assures the construction of such facilities.

(2) The Burien department of community development and the Seattle/King County department of public health shall review all such plats previously approved and recommend to the council for disposition of such plats consistent with the criteria of this section.

(3) A plat is deemed to be served by existing installed sewer or water facilities when the plat:

(a) Can be served by connection to a public sewer facility or connection to a water facility and such facilities were installed or under construction prior to December 1, 1977; or

(b) Is contained within a utility local improvement district formed with facilities funded under contract prior to the effective date of the ordinance codified in this title. [Ord. 29 § 1(30), 1993]

17.15.280 Sewage disposal.

All lots must be served by or provision made for an adequate public sewage disposal system either as set forth in subsections (1) and (2) of this section or an on-site sewage disposal system as set forth in subsection (3) of this section, before the plat may be recorded.

(1) A public sewage disposal system is adequate for the purpose of preliminary subdivision approval if:

(a) The disposal system is consistent with the sewerage general plan and any subsequent amendments; and

(b) The disposal system has been approved by the city of Burien as being consistent with applicable state and local design and operating guidelines.

(2) Prior to recording the final plat, either the approved public sewage system set forth in subsection (1) of this section shall be installed to serve each lot, or a bond or similar security shall be deposited with the city of Burien and may be assigned to a purveyor to assure the construction of such facilities within two years of the date of plat recording.

(3) On-site sewage disposal systems to serve individual lots are adequate for the purpose of preliminary and final approval if the city of Burien and Seattle-King County department of public health has approved the lot size, soils, and proposed type of disposal system in accordance with the Seattle-King County board of health rules and regulations. Installation of the on-site sewage disposal system is not required for final approval. [Ord. 29 § 1(31), 1993]

17.15.290 Water supply.

All lots must have an adequate water supply as set forth in this section before the plat may be recorded.

(1) A water supply system shall be deemed adequate for the purpose of preliminary approval if the applicant has demonstrated to the satisfaction of the city that:

(a) The existing water supply system complies with the applicable planning, operating and design requirements of Chapter 248-54 WAC; Chapters 14.42 and 14.44 KCC and KCC Title 17; Coordinated Water System Plan; Title 12, Title 13 and other applicable provisions of the codes of the King County board of health; and any limitation or condition imposed by the county approved comprehensive plan of the water purveyor; and

(b) The water system improvements proposed to be constructed to serve the subdivision have been reviewed by the city and determined to comply with the design standards and conditions specified in subsection (1)(a) of this section.

(2) Where applicable, the city shall incorporate the requirements of the Seattle-King County department of public health and the Washington State Department of Health in determining compliance with subsections (1)(a), (b) and (c) of this section.

(3) Prior to recording the final plat, the approved public water system authorized pursuant to subsection (1) of this section shall be installed to serve each lot unless a bond or similar security has been deposited with the city of Burien in a form and amount, and with conditions satisfactory to the city of Burien to provide for the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of the date of plat recording. The city may assign rights to enforce the bond to the purveyor.

(4) The proposed use of on-site private individual water systems to serve individual lots is adequate and the subdivision may receive preliminary and final approval if the city of Burien and Seattle-King County department of public health has approved this proposed method of water supply in accordance with the applicable Seattle-King County board of health rules and regulations and this section. The applicant shall provide appropriate information to demonstrate to the city of Burien and Seattle-King County department of public health that adequate water can be made available. The Seattle-King County department of public health may require installation of private individual water systems prior to final approval of the subdivision where information is insufficient to show an adequate water supply can be made available. [Ord. 29 § 1(32), 1993]