Chapter 17.35
SHORT SUBDIVISIONS
Sections:
17.35.020 Application – Contents.
17.35.030 Changes to proposed or approved short plats.
17.35.040 Application – Agency review.
17.35.060 General limitations.
17.35.070 Application – Notice posting.
17.35.110 Existing nonbuilding lots.
17.35.120 Preliminary decision.
17.35.130 Final approval and recording.
17.35.140 Short plat alterations and vacations.
17.35.010 Purpose.
The purpose of this chapter is to regulate the division of land into four or fewer lots in accordance with applicable Washington State and the city of Burien laws, rules, and regulations; to provide the public with clear administrative procedures for the short subdivision of land; to assure the orderly conveyance of land; and to protect the health, safety and welfare of the general public. [Ord. 29 § 1(41), 1993]
17.35.020 Application – Contents.
(1) Applications shall be on forms prescribed by the city, and shall include such information as deemed necessary by the city to establish compliance with subsection (2) of this section.
(2) Applications for preliminary short subdivision approval shall be considered fully complete as of the date of application pursuant to RCW 58.17.033 once the city determines that the application contains the following materials and information:
(a) A completed short subdivision application form which contains sufficient information to determine compliance with the rules and regulations set forth in BMC 17.35.120 (2);
(b) Verification of pre-application approval of proposed water supply and sewage disposal by the city of Burien and Seattle-King County department of public health;
(c) Fire district receipt;
(d) Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;
(e) Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;
(f) A completed environmental checklist, if required;
(g) Payment of any application fees; and
(h) Completed applications for other applicable permits if the permits are to be processed with the short subdivision, or copies of issued permits if they have been previously approved. [Ord. 29 § 1(42), 1993]
17.35.030 Changes to proposed or approved short plats.
(1) Applicant-generated modifications or requests for revision(s) which are not made in response to staff review or public appeal which result in substantial changes as determined by the city that may include creation of additional lots or elimination of open space requirements shall be treated as new applications for purposes of vesting.
(2) Applicant-generated proposals to create additional lots, eliminate open space or change conditions of approval on an approved preliminary short plat shall also be treated as a new application for purposes of vesting.
(3) Proposals to amend an approved final short plat shall be treated as an alteration pursuant to the provisions of this chapter regarding alterations. [Ord. 29 § 1(43), 1993]
17.35.040 Application – Agency review.
(1) Upon receipt of a completed application for short subdivision approval, the city shall distribute copies to public agencies having pertinent expertise or jurisdiction, for their review and comment.
(2) Non-city agencies receiving short subdivision applications for review shall have 21 calendar days to respond in writing with findings or recommendations. If an agency does not respond, the city may extend the deadline or conclude that the reviewing agency has no interest in the application. [Ord. 29 § 1(44), 1993]
17.35.050 Material errors.
Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. [Ord. 29 § 1(45), 1993]
17.35.060 General limitations.
The following general limitations shall apply to all short subdivision applications:
(1) Only a separate lot, as defined in this code, or a combination of two or more contiguous separate lots may be short subdivided;
(2) A maximum of four lots may be created by any single application;
(3) A maximum of eight lots may be created from two or more contiguous parcels with any common ownership interest; and
(4) Except as provided in BMC 17.35.150, if the lot to be subdivided was created through a prior short subdivision, at least five years must have passed since the recording of such prior short subdivision. [Ord. 29 § 1(46), 1993]
17.35.070 Application – Notice posting.
(1) Upon acceptance of a complete short subdivision application the city shall cause notice of such application to be given within 20 days of the filing of such application.
(2) Notice required pursuant to this section shall be as follows:
(a) By posting a notice board on or adjacent to the subject property at a place conspicuous and likely to be seen by persons passing the property. The city may require additional notice boards when a site does not abut a public road or in another instance when the city deems additional boards to be necessary. Posting shall occur for at least 30 days. Notice shall include but not be limited to:
(i) The file number of the short plat, the total area of the short plat, the number of lots, the typical lot size, the proposed use, and the name of the applicant;
(ii) A vicinity map or general location description in non-legal language;
(iii) A statement indicating that written material may be submitted to the city within 30 days after notice is posted;
(iv) A form to request the preliminary and final short subdivisions as approved by the city;
(v) Identification of the responsible city official; and
(vi) A description of the appeal procedure.
Posting of the required notice, including the expenses thereof, shall be the responsibility of the applicant and an affidavit of posting shall be submitted by the applicant to the city prior to the final date in a form approved by the city.
(b) By first class mail to owners of property within 500 feet of any boundary of the subject property. The area within which mailed notice is required shall be expanded to include at least 20 different property owners in rural or lightly inhabited areas or in other appropriate cases to the extent the city determines is necessary. Notice shall contain:
(i) The file number of the short plat, the total area of the short plat, the number and typical lot size, the proposed use and the name of the applicant;
(ii) A vicinity map or general location description in non-legal language;
(iii) A statement that written materials may be submitted to the city within 30 days after notice is sent;
(iv) A form to request the preliminary and final short subdivisions as approved by the city; and
(v) A statement of city appeal procedures.
(c) By first class mail sent to:
(i) Any city located within one-half mile of any boundary of the subject property (and the county if unincorporated land is within one-half mile);
(ii) Any city which has a utility which is proposed to serve the short subdivision; and
(iii) The State Department of Transportation where the short plat or part thereof adjoins a state right-of-way.
The content of notice shall be as approved in subsection (2)(a) of this section.
(d) By any other method if the city deems it appropriate for the purposed of giving notice to interested parties, including but not limited to providing notification of the proposed action to local or community newspapers. [Ord. 29 § 1(47), 1993]
17.35.080 Access.
(1) Each lot within the short subdivision or short subdivision alteration shall have acceptable access to a street conforming to city road standards or to a lower level of improvement acceptable to the road engineer. Individual lots may be served by access panhandles, established either by fee ownership or easement, subject to approval of the city. In order to assure safe and adequate access, the city:
(a) May approve private streets, provided the private street requirements contained in Chapter 17.30 BMC, Private Streets, of the city street standards, as adopted, are met;
(b) May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways or access panhandles, in accordance with the city street standards;
(c) Shall require off-site improvements to public or private streets needed to provide access from the short subdivision to a street acceptable to the road engineer; and
(d) Shall assure that the number of lots to be served by the street system complies with the street standards.
(2) Right-of-Way Use Permits. Short subdivisions involving construction within city right-of-way shall obtain a right-of-way use permit pursuant to the codes, rules, laws and regulations of the city of Burien. [Ord. 29 § 1(48), 1993]
17.35.090 Water supply.
All lots must have an adequate water supply as set forth in this section before the short 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 plans; 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 city or county approved comprehensive plan of the water purveyor; and
(b) The water system improvements proposed to be constructed to serve the short 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; or
(c) The new water supply system proposed to be constructed to serve the short subdivision has 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 will 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 short 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 short 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 short subdivision may receive preliminary and final approval if the Seattle-King County department of public health and city of Burien has approved this proposed method of water supply in accordance with the applicable King County department of public 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 short subdivision where information is insufficient to show an adequate water supply can be made available. [Ord. 29 § 1(49), 1993]
17.35.100 Sewage disposal.
All lots must be served by or provisions made for an adequate public sewage disposal system 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 short plat may be recorded:
(1) A public sewage disposal system is adequate and the short subdivision may receive preliminary 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 as being consistent with applicable state and local design and operating guidelines.
(2) Prior to recording the final short 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 short 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 the Seattle-King County department of public health has approved the lot size, soils and proposed type of disposal system in accordance with the King County board of health rules and regulations. Installation of the on-site sewage disposal system is not required for final approval unless otherwise required by Seattle-King County department of public health and the city of Burien. [Ord. 29 § 1(50), 1993]
17.35.110 Existing nonbuilding lots.
An owner of an existing nonbuilding lot may seek to have that lot recognized by the city of Burien as a legal building site by either of the following procedures:
(1) Short subdivision or alteration as provided in this chapter; or
(2) Subdivision as provided in Chapter 17.55 BMC, Subdivision Procedure. [Ord. 29 § 1(51), 1993]
17.35.120 Preliminary decision.
(1) Following the acceptance of a complete application, or following the conclusion of any applicable SEPA review and appeal period. The city shall:
(a) Approve the application with conditions;
(b) Deny the application; or
(c) Return the application to the applicant if additional information or modifications are necessary to further process the application.
The city shall make written findings regarding compliance with subsection (2) of this section and notify applicants of any such decision in writing within five days of the decision being made. For applications returned to the applicant for additional information or modifications, the city shall specify a deadline for the submittal of such information or modifications. Applications shall be deemed withdrawn or cancelled if requested information or modifications are not submitted within the time period specified in the written findings. Unexpended portions of application review fees shall be returned with the notice of cancellation. The city shall not approve any short subdivision unless the city makes written findings that appropriate provision are made for the factors set forth in RCW 58.17.110.
(2) The preliminary decision shall be based on the following factors:
(a) Conformance with adopted city and state rules and regulations in effect on the date the complete application was received. Such rules and regulations include, but are not limited to: Chapter 58.17 RCW; SEPA (Chapter 43.21C RCW); the city of Burien zoning code; Chapter 14.42 KCC, Road Standards; Chapter 9.04 KCC, Surface Water Runoff; KCC Title 25, Shoreline Management; Fire Code; the Seattle-King County board of health rules and regulations; and city approved utility comprehensive plans; and conformance with applicable private restrictions and covenants;
(b) Consideration of the recommendations or comments of those agencies having pertinent expertise or jurisdiction.
(3) The preliminary decision shall become effective 10 calendar days after the decision has been mailed, or upon completion of appeals filed pursuant to city of Burien laws, rules, codes, or regulations.
(4) Short subdivision preliminary approvals shall be valid for 36 months. If any condition is not satisfied and the final short plat is not recorded within the approval period the short subdivision approval shall be null and void. If all conditions have been satisfied and all required documents have been submitted within the approval period, the city may grant a single extension of up to 90 days to obtain additional information or for the processing and recording of final short plat documents. Applicants will have a maximum of 30 days to comply with requests for additional information made within the extension period.
(5) All construction and site development activities related to the short subdivision are prohibited until the preliminary decision becomes effective or until authorized by any required plan approval required as a condition of preliminary short subdivision approval. [Ord. 29 § 1(52), 1993]
17.35.130 Final approval and recording.
(1) All short subdivisions shall meet the following provisions prior to recording:
(a) All final short subdivisions shall be surveyed and the final recording forms shall be prepared by a licensed land surveyor;
(b) Surveys shall include those items prescribed by RCW 58.09.060, Records of Survey, Contents – Record of Corner, Information;
(c) Plat certificates or owner’s duplicate certificates for land registered pursuant to Chapter 65.12 RCW, Registration of Land Titles, shall be obtained and provided by the owners of any approved short subdivision;
(d) A supplemental plat certificate shall be provided if the final short plat is not recorded within 30 days of the original certificate or supplemental certificate date;
(e) All required improvements must be installed and approved, or bonded as specified for plats in Chapter 17.55 BMC, Subdivision Procedure, and in BMC 17.35.090(2) and 17.35.100(2);
(f) The requirements for a deposit to cover anticipated taxes as required for plats in Chapter 58.08 RCW, Plats – Recording, is waived for the filing of short plats. However, the applicant shall be required to provide certification from the city of Burien office of the city clerk and King County office of finance that property taxes for the subject property are not delinquent prior to issuance of a final approval; and
(g) All applicable final approval fees, and any civil penalties assessed, have been paid.
(2) Final short plat recording forms shall contain the following signatures, approvals or information in the format prescribed by the manager:
(a) Lots shall be designated by number on the short plat within the area of the lot. Tracts shall be similarly designated by letter and each tract shall be clearly identified with the ownership and purpose;
(b) Signature and stamp of the land surveyor who prepared the final short plat;
(c) All required dedications;
(d) Reference to the recording number of the completed survey as required by this section if the boundaries have been previously surveyed;
(e) Reference to all agreements or covenants required as a condition of approval;
(f) Notarized signatures of all persons having an ownership or security interest in the land being subdivided;
(g) Approval of the city of Burien development engineer;
(h) Approval of the county assessor; and
(i) Approval of the director of the department of community development.
(3) The city shall examine and sign the final short plat if it and the short subdivision it represents conform to all conditions of preliminary and final approval. Short plats shall be recorded with the city of Burien and the King County division of records and elections. A copy of the documents stamped with the recording number shall be provided to the office of the city clerk and to the applicant by the department of community development. Final short plats shall become effective upon recording. [Ord. 29 § 1(54), 1993]
17.35.140 Short plat alterations and vacations.
(1) Within five years of the recording date, any recorded short plat may be altered provided no more than a total of four lots result within the boundaries of the original short plat. After five years from the recording date, the short plat may be altered or the land may be subdivided further in accordance with this chapter. An alteration may include adjacent separate lots provided no more than four lots result within the boundaries of the original short plat together with such additional property. The following requirements apply to all short plat alterations:
(a) All persons having any ownership or security interest in the lots or tracts of the original recorded short plat being altered must sign the final altered short plat forms.
(b) Any features contained on the original short plat which have been relied upon in subsequent land development or city planning decisions shall be incorporated on the short plat alteration.
(c) Lot lines of lots which are non-conforming only by reason of insufficient square footage may be altered without regard to current square footage requirements as long as they are not made more non-conforming and as long as no additional lots are created, and the proposed lots are consistent with the other dimensional requirements of the zoning in effect at the time of the original short plat approval. Any newly created additional lots must meet original short plat approval. Any newly created additional lots must meet current zoning requirements and the County board of health rules and regulations regarding minimum lot size.
(d) The criteria cited in BMC 17.35.120 shall be used as the basis to approve or deny any proposed alteration. Seattle-King County department of public health approval shall be required.
(2) Any short plat alteration which deleted all interior boundaries shall constitute a vacation of the original short plat, effective at the time the altered short plat is recorded.
(3) Short plat alterations or vacations involving public dedications shall be processed in the manner provided by law for alteration or vacation of subdivisions. All other short plat alternations or vacations shall be processed as set forth in BMC 17.35.030 and 17.35.140.
(4) Approved alterations and vacations shall be recorded with the city of Burien city clerk and the King County division of records and elections. [Ord. 29 § 1(55), 1993]
17.35.150 Administration.
The department of community development is authorized to develop and adopt administrative rules and policies for the purpose of implementing and enforcing the provisions of this chapter. Rules adopted under this section are subject to council approval. [Ord. 29 § 1(56), 1993]