Chapter 17.55
SUBDIVISION PROCEDURE
Sections:
17.55.010 Discussion with department.
17.55.020 Plat – Preparation by surveyor.
17.55.030 Plat – Discussion and submission.
17.55.040 Plat – Review, approval, changes.
17.55.050 Complete application.
17.55.060 Notice of public hearing.
17.55.070 Final plat to conform to preliminary plat – Improvements – Bond.
17.55.080 Status of current bonds.
17.55.090 Submission to final plat – Fees – Certificates of title, tax payment.
17.55.100 Filing plat for record.
17.55.110 Changes to proposed or approved plats.
17.55.130 Errors, omissions, corrections to final plats – Council proceedings.
17.55.010 Discussion with department.
The proposed layout shall first be discussed with the department of community development before subdivision can begin. [Ord. 29 § 1(75), 1993]
17.55.020 Plat – Preparation by surveyor.
The preliminary plat shall be prepared by a registered surveyor or engineer. [Ord. 29 § 1(76), 1993]
17.55.030 Plat – Discussion and submission.
The surveyors should discuss the preliminary plat with the department of community development staff to eliminate features which do not conform to the regulations, and submit the preliminary plat for approval by the planning commission. [Ord. 29 § 1(77), 1993]
17.55.040 Plat – Review, approval, changes.
(1) Upon receipt of the preliminary plat, the department of community development shall submit copies to the department of public works and the King County health department for review and comment concerning the acceptability of the plat and conformance with the regulations.
(2) The hearing examiner shall receive and examine available information, conduct a public hearing, prepare a record thereof and enter findings of fact and conclusions, based upon those facts together with a recommendation to the city council for preliminary plat applications.
(3) The examiner’s recommendation may be to grant or deny the application, or the examiner may recommend or require of the applicant such conditions, modifications and restrictions as the examiner finds necessary to make the application consistent with the objectives and goals of the comprehensive plan, zoning code, subdivision code and other codes and ordinances of the city of Burien.
(4) The examiner’s findings, conclusions and recommendations shall be submitted to the city council, which shall have the final authority. The hearing by the examiner shall constitute the public hearing by the city council unless the council chooses to hold one or more additional public hearings.
(5) Any matter requiring action by the city council shall be taken by the adoption of a resolution or ordinance by the council. When taking any such final action, the council shall make and enter findings of fact from the record and conclusions which support its action. The city council may adopt all or portions of the examiner’s findings and conclusions. The city council is expressly authorized to condition its approval of any matter, including but not limited to conditions requiring the dedications of land, public improvements, and payment of impact fees authorized by Chapter 82.020 RCW or any other law or agreement.
(6) The department director will indicate the city council’s approval on the print of the preliminary plat which will be returned to the surveyor. Any changes required by the city will be marked on this print. [Ord. 61, 1993; Ord. 29 § 1(78), 1993]
17.55.050 Complete application.
Applications for preliminary subdivision approval shall be considered fully complete as of date of application pursuant to RCW 58.17.033 once the city determines that the application contains the following materials and information:
(1) A completed subdivision application form with supporting documents as required by BMC 17.40.020, and which contains sufficient information to determine compliance with adopted rules and regulations including, but not limited to RCW 58.17.110, Chapter 43.21C RCW, SEPA; the city of Burien zoning code; Chapter 14.42 KCC, Road Standards; Chapter 9.04 KCC, Surface Water Runoff; KCC Title 25, Shoreline Management; the city of Burien subdivision regulations; the Fire Code; King County board of health rules and regulations; county or city approved utility comprehensive plans; and conformance with applicable private restrictions and covenants which are in effect at the time of application;
(2) Verification of pre-application approval of proposed water supply and sewage disposal by the Seattle-King County department of public health;
(3) Fire district receipt;
(4) Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;
(5) Documentation of the date and method of segregation for the subject property certifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;
(6) A completed environmental checklist;
(7) Payment of any application fees; and
(8) Completed applications for other required permits if the permits are to be processed with the subdivision, or copies of issued permits if they have been previously approved. [Ord. 29 § 1(79), 1993]
17.55.060 Notice of public hearing.
The department of community development shall cause notice to be given of the time and place of the public hearing on a proposed preliminary plat as follows:
(1) By first class mail sent 30 days prior to the date of hearing, to owners, including applicant, of property located 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 of in other appropriate cases to the extent the city determines is necessary. Notice shall contain:
(a) The name and total area of the proposed plat, the number of proposed lots and typical lot sizes, the proposed use and the name of the plat applicant;
(b) A legal description of the subject location description in non-legal language;
(c) The time and place of hearing at which interested parties may be heard;
(d) A form to request a copy of the city report; and
(e) Identification of the responsible city official. Mailed notice as provided in this subsection is supplementary to official hearing notification by publication and posting and the failures of one or more owners to receive mailed notice shall not affect the scheduling or validity of the hearing if notice was given pursuant to subsections (3) and (4) of this section.
(2) By first class mail sent 30 days prior to the date of the hearing to:
(a) Any city located within one-half mile, or the county if unincorporated land is within one-half mile, of any boundary of the subject property;
(b) Any city which has a utility which is proposed to serve the plat; and
(c) The State Department of Transportation where the plat or part thereof adjoins a state right-of-way. The content of the notice shall be as provided in subsection (1) of this section.
(3) By publication at least 20 days prior to the date of hearing in the official city newspaper and another newspaper of general circulation in the affected community.
(4) 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, when a large site abuts more than one public road or in any other instance when the city deems additional boards to be necessary. Posting shall occur for at least 30 days prior to the date of the hearing. Notice shall include but not be limited to:
(a) The name and total area of the proposed plat, the number of proposed lots and typical lot sizes, the proposed use, the name of the plat applicant and the file number;
(b) A legal description of the subject location in non-legal language;
(c) The time and place of the hearing at which interested parties may testify;
(d) A form to request a copy of the city report;
(e) Identification of the responsible city official; and
(f) A description of the appeal procedure.
The form and content of the notice shall be approved by the city. Posting, including the expenses thereof, shall be the responsibility of the applicant and an affidavit of posting shall be submitted prior to the hearing by the applicant to the city in a form approved by the city.
(5) By any other method, if the city determines it appropriate for the purpose of proposed preliminary plat, including but not limited to providing notification of the proposed action and hearing to local or community newspapers. [Ord. 29 § 1(80), 1993]
17.55.070 Final plat to conform to preliminary plat – Improvements – Bond.
(1) After the return of the approved print of the preliminary plat to the surveyor, the developer is in position to go ahead with the improvement with the assurance that the final plat will be approved, provided that:
(a) The final plat strictly conforms with the approved preliminary plat;
(b) The improvements have been installed in accordance with the current city of Burien specifications for private work on city rights-of-way with the approval of the development engineer or that the plattor has deposited a performance bond with the manager in an amount equal to the city’s estimate for such improvements, based on current city bonding schedules, as a guarantee that the plattor will, within one year from date of acceptance of the final plat, complete the improvements in accordance with the requirements and to the satisfaction of the development engineer or in the alternative to the above required bond, the city may accept other secure methods providing for and securing to the city the actual construction and installation of such improvements within a one-year period on the terms identical to the herein described bond.
(2) A bond or other satisfactory security to secure the successful operation of improvements for a period of 12 months in an amount and form satisfactory to the city. Such bond or security shall cover workmanship and materials, damage from reasonable expected usage and damage due to construction activities.
(a) The bond shall be deposited by the plattor with the department of community development either:
(i) Prior to the recording of the final plat when the plattor constructed improvements in accordance with the city of Burien specifications and with the approval of the development engineer; or
(ii) Prior to release of the performance bond or the acceptance by the city of Burien of streets and street drainage facilities for maintenance following final construction inspection.
(b) The bond shall be in effect for a period of not less than 12 months commencing upon the date of:
(i) Final plat recording; or
(ii) Release of performance bond; or
(iii) Acceptance by the city of Burien of streets and street drainage facilities for maintenance following final construction inspection, whichever occurs last. [Ord. 29 § 1(81), 1993]
17.55.080 Status of current bonds.
(1) The city council recognizes the longstanding policy and administrative practice by the city of Burien of requiring bonds for subdivision improvements to ensure their successful operation.
(2) All bonds or other satisfactory security required by the city and posted by the plattor prior to the effective date of this section shall continue to be in force until released by the city following satisfactory inspection. [Ord. 29 § 1(82), 1993]
17.55.090 Submission to final plat – Fees – Certificates of title, tax payment.
On completion of the improvements required by the city engineer, or upon the receipt of the bond guaranteeing the completion of the improvement, the final plat shall be submitted to the department of community development accompanied by the following:
(1) The plattor shall deposit a check payable to the city clerk in an amount to be determined by the city clerk according to the legal requirement, which is $0.25 for every enclosure; $7.00 for description; one dedication, one acknowledgment, etc.; $1.00 for each additional dedication or acknowledgment made upon such plat; $5.00 for each additional sheet if plat is to be recorded on more than one sheet; $0.25 for every enclosure on both original plat and replat, in case of replat; $0.10 for each lot or cemetery plat. If the property is registered under the Torrens Act, an additional charge of $1.50 shall be charged for each numeral entered on this register. Title shall be obtained from the registrar of the Torrens Act;
(2) The plattor shall be prepared to make a deposit equal to the estimated cost (to be determined by the city engineer) of checking the plat. The deposit shall be made with the city clerk to be credited to the road district fund. All work done by the city engineer in connection with checking, computing and correcting such plat, either in the field or in the office, shall be charged to such deposit.
If, during the process of checking, the city engineer finds that the cost of checking will exceed the estimated cost, the city engineer shall notify the plattor to deposit an additional amount to cover the cost of the checking. After the city engineer has completed the checking of the plat, he shall forward to the city clerk a statement of the checking charges incurred. The city clerk, upon receipt of the statement, shall refund to the plattors the difference between the checking charges and amount deposited or shall require the plattor to pay the difference if the checking charges are greater than the amount deposited;
(3) A certificate of title from a reputable abstractor, showing the ownership and title of all the interested parties in the plat, subdivision or dedication. The certificate shall be dated not to exceed 30 days prior to the time of submitting the plat for final approval;
(4) A certificate by the city clerk and county comptroller showing that taxes have been paid in accordance with RCW 58.08.030 and 58.08.040, and that deposit has been made to the city clerk and/or county comptroller for the taxes for the following year. Also, a certificate by the city clerk and county comptroller showing that all taxes and assessments levied and chargeable against the property in the plat, replat or subdivision have been paid in accordance with RCW 58.08.030. [Ord. 29 § 1(83), 1993]
17.55.100 Filing plat for record.
(1) Approval. After the city engineer has completed the checking of the plat, he shall affix his signature into the space provided and send the plat to the director of the department of community development with a letter stating that all requirements of this resolution have been fully complied with, with the exception of the certification by the city clerk and county office of finance.
The department of community development shall, following planning commission approval of the plat, forward the tracing to the city of Burien clerk for certification which is required by law. The the city of Burien clerk immediately following certification shall forward the tracing to the council for its approval.
(2) Filing. All plats shall be filed for record at the request of the city council. After the plat has been recorded, the one original tracing shall be returned to the city engineer and filed for record as the property of city of Burien and one tracing shall be sent to King County, Washington. [Ord. 29 § 1(84), 1993]
17.55.110 Changes to proposed or approved plats.
(1) Applicant-generated modifications or requests for revision(s) which are not made in response to technical staff review throughout the public process or from the planning commission conditions which result in any substantial changes as determined by the department of community development including the creation of additional lots or elimination of open space requirements shall be treated as a new application for purposes of vesting.
(2) Applicant-generated proposals to create additional lots, elimination of open space or changed conditions of approval on an approved preliminary plat shall also be treated as new application for purposes of vesting.
(3) Proposals to amend an approved final plat shall be treated as an alteration pursuant to the provisions of this chapter regarding alterations. [Ord. 29 § 1(85), 1993]
17.55.120 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(85), 1993]
17.55.130 Errors, omissions, corrections to final plats – Council proceedings.
Final plats approved, signed and submitted to the city clerk for adoption by the city council shall be placed on the council agenda and acted upon no later than 10 days after receipt by the clerk. Upon signature of the mayor and city clerk accompanied by a recommendation for approval, said final plat shall be approved. Errors found during the review process that are considered willful and deliberate misrepresentations shall result in the plat being withdrawn and subsequent resubmittals shall be treated as new final plat applications. [Ord. 29 § 1(86), 1993]