Chapter 16.10
PRELIMINARY PLAT REVIEW
Sections:
16.10.060 Application requirements.
16.10.070 Distribution of applications.
16.10.090 Critical areas and natural hazards.
16.10.110 Effect of preliminary plat approval.
16.10.010 Title.
This chapter shall be called “Preliminary Plat Review.” (Ord. 1856 § 2 (Exh. B), 2018).
16.10.020 Application.
This chapter shall apply to all applications for preliminary plat approval and shall apply to both subdivisions and short subdivisions. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.030 Purpose.
A. Provide a coordinated interdepartmental process for reviewing proposed land divisions and ensuring that subdivisions and short subdivisions comply with all applicable Burlington Municipal Code requirements and Washington State platting laws;
B. Identify the services, facilities, dedications, and improvements necessary to serve proposed subdivisions or short subdivisions;
C. Establish appropriate conditions, restrictions, and requirements for the use and development of the land within the boundaries of a subdivision or short subdivision. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 36.70, 36.70A, 36.70B, and 58.17 RCW and other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.050 Review process.
A. Preliminary short subdivision applications shall be processed as Type II decisions in accordance with the provisions of BMC Title 14A.
B. Preliminary subdivision applications shall be processed as Type III decisions in accordance with the provisions of BMC Title 14A.
C. Unless the applicant requests otherwise, applications for preliminary subdivision or short subdivision approval shall be combined and processed together with any other applications associated with the proposed land division, such as zoning amendments, variances, or critical area approvals. In accordance with chapter 14A.05 BMC, combined applications shall be processed using the procedures applicable to the permit with the highest classification.
D. A preliminary plat shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing unless the applicant consents to an extension of the time period. If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time required for environmental review. This period of time shall be extended by any period after the city has requested information and the applicant has not provided the same. For the purpose of interpreting this provision, “date of filing” shall mean the date the city determines the application is complete in accordance with BMC Title 14A. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.060 Application requirements.
Applications for preliminary subdivision or short subdivision approval shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications including all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
A. Any applicable fees in accordance with the fee schedule established by the city council;
B. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy;
C. A soils report;
D. A preliminary drainage report showing how storm water will be managed and identifying areas suitable for storm water infiltration, treatment, and low impact development features;
E. A SEPA checklist or other SEPA documentation and reports if required;
F. Critical areas information or reports, if required, in accordance with the requirements of chapter 14.15 BMC;
G. Written verification from the Skagit Public Utility District indicating they are able and willing to provide water service to the proposed subdivision or short subdivision;
H. A preliminary plat prepared by a land surveyor licensed in the state of Washington. The preliminary plat shall be consistent with the applicable standards and requirements identified in chapter 16.40 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.070 Distribution of applications.
Applications which have been deemed complete in accordance with the requirements of BMC Title 14A and BMC 16.10.060 shall be distributed and reviewed as follows:
A. The building official shall review the application for compliance with requirements of chapter 15.04 BMC and the flood development regulations identified in chapter 14.15 BMC;
B. The fire marshal shall review the application for compliance with the requirements of chapter 15.08 BMC;
C. The city engineer shall review the application for compliance with BMC Titles 12 and 13, and chapter 14.05 BMC.
D. Each official identified above shall review the preliminary plat application and, within 30 days, provide the director with a report; each report shall:
1. Document whether or not the application complies with the municipal code requirements, laws, and other regulations the official is charged with administering; and
2. Recommended conditions of approval. If the official concludes that conditions are necessary in order to ensure the proposal complies with applicable regulatory requirements, recommended conditions of approval shall be included in the report; and
3. Specify the extent and type of improvements, infrastructure, utilities, roads, and dedications necessary to serve the subdivision or short subdivision; and
4. Identify any permits or other regulatory approvals, such as grading permits, flood development permits, and right-of-way permits that will be required prior to beginning the construction phase. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.080 Approval process.
A. Short Subdivisions. Following the review process specified in BMC 16.10.070, the director shall prepare a report documenting, through written findings of fact, whether or not the proposed short subdivision complies with applicable municipal code requirements. If the director finds that the application complies with all applicable municipal code requirements, it shall be approved. If director finds that the application does not comply, or cannot comply, through the application of reasonable conditions of approval, it shall either be denied or returned to the applicant for corrections.
B. Subdivisions. Following the review process specified in BMC 16.10.070, the director shall schedule a public hearing before the hearing examiner. The director shall forward a report outlining the proposed subdivision’s compliance with applicable municipal code requirements to the hearing examiner. Following the receipt of the director’s report and recommendation, and a public hearing, the hearing examiner shall approve, approve with conditions, or deny the proposed subdivision as follows:
1. If the proposed subdivision complies with all applicable municipal code requirements it shall be approved; or
2. If, in the hearing examiner’s opinion, the proposed subdivision can be made to comply with all applicable municipal code requirements through the application of reasonable conditions of approval, it shall be approved; or
3. If the proposed subdivision does not comply with all applicable municipal code requirements, or if in the hearing examiner’s opinion, it cannot be made to comply through the application of reasonable conditions of approval, it shall be denied.
4. The hearing examiner’s decision shall be in writing and shall be supported by written findings of fact.
C. Conditions of Approval. Preliminary subdivision or short subdivision applications may be approved with conditions if the conditions are necessary to ensure compliance with applicable municipal code requirements, chapter 58.17 RCW, or to identify specific improvements or actions which must be completed prior to final plat approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.090 Critical areas and natural hazards.
The following standards shall apply to all preliminary plat applications when critical areas, critical area buffers, or natural hazards are present within, or adjacent to, the proposed plat:
A. No lot shall be created through a subdivision or short subdivision which lacks an adequate building site outside of critical areas and critical area buffers, unless restrictive notes are included on the face of the plat permanently prohibiting development of the lot;
B. No lot shall be created through a subdivision or short subdivision which lacks an adequate building site outside the floodway or special flood risk area, unless restrictive notes are included on the face of the plat permanently prohibiting development of the lot, or restricting the use of the lot to flood control structures and improvements;
C. No lot shall be created through a subdivision or short subdivision which lacks an adequate building site unencumbered by natural hazards or natural hazard buffers unless the hazards can be mitigated to an acceptable level through the construction of protective improvements or other means consistent with provisions of chapter 14.15 BMC;
D. Under no circumstances shall a lot be created through a subdivision or short subdivision that necessitates subsequent critical area variances or reasonable use determinations. Restrictive notes shall be included on the face of all plats containing critical areas, critical area buffers, or natural hazards identifying the applicable development regulations and stating that no critical area variances or reasonable use determinations will be granted within the plat boundaries;
E. Critical areas and critical area buffers shall be identified on the face of the plat and placed within protective tracts or easements as required by chapter 14.15 BMC;
F. Natural hazards and any associated setbacks, restrictions, or buffers required by chapter 14.15 BMC shall be shown on the face of the plat;
G. Land within a floodway or special flood risk zone shall be placed within a separate tract or easement if required by chapter 14.15 BMC;
H. Plats shall be subject to any other applicable requirements identified in chapter 14.15 BMC shall be addressed. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.100 Dedications.
Dedications shall be shown on the preliminary plat in accordance with the requirements identified in chapter 16.40 BMC. Dedications proposed by the applicant that are not required by Burlington Municipal Code shall also be shown. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.110 Effect of preliminary plat approval.
A. Following preliminary approval, all improvements and infrastructure required as conditions of the preliminary approval shall be constructed or installed. No application for final plat approval shall be accepted until all of the required improvements and infrastructure have been completed.
B. All work done during the construction phase shall be consistent with the approved preliminary plat and any conditions of approval.
C. All required permits and approvals must be obtained prior to beginning the construction phase, and all subsequent work shall be in strict accordance with the approved permits.
D. A final plat meeting all of the requirements of this chapter shall be submitted to the city for approval within the following time periods:
1. Subdivisions. A final plat shall be submitted to the city for approval and recorded within the period of time specified in chapter 58.17 RCW.
2. Short Subdivisions. Preliminary short plat approvals shall be valid for a period of two years. A final short plat shall be submitted to the city for approval and recorded prior to the expiration of the preliminary approval.
E. If a final plat meeting the requirements of this title is not submitted to the city and recorded within the allowable period the preliminary approval shall be null and void and any subsequent application shall be subject to the regulatory requirements in effect at the time of reapplication. (Ord. 1856 § 2 (Exh. B), 2018).
16.10.120 Amendments.
Approved preliminary plats may be modified or amended subject to the following requirements:
A. Applications to amend an approved preliminary plat must be submitted before a final plat is recorded. Once a final plat has been recorded all subsequent modifications shall be subject to the plat alteration requirements identified in chapter 16.50 BMC.
B. Applications for plat amendments shall be processed as Type I decisions in accordance with the procedures identified in BMC Title 14A.
C. Applications for plat amendments shall be subject to the following approval criteria. No plat amendment shall be approved unless it is consistent with all of the following:
1. Except as explicitly authorized below, the conditions of preliminary approval shall not be eliminated or modified except to correct simple nonsubstantive spelling, grammatical, or mathematical errors;
2. The plat boundaries shall not be expanded and no additional parcels or land area shall be included except to address survey errors;
3. The number of lots in a short plat shall not be increased if the effect of the amendment would result in the creation of 10 or more lots;
4. The overall density permitted within the plat boundaries shall not be increased by more than 10 percent;
5. The amount of open space provided within the plat boundaries shall not be decreased by more than 10 percent;
6. The proposal shall not increase the amount of impervious surface coverage within the plat boundaries by more than 10 percent;
7. The amendment shall be consistent with this title and all other applicable Burlington Municipal Code requirements;
8. The amendments shall be consistent with any studies, reports, or environmental documents prepared in support of the original application.
D. Proposed changes which are not consistent with the criteria identified above shall require a new application for preliminary plat approval.
E. The approval of a plat amendment shall not affect or extend the timelines and expiration dates identified in BMC 16.10.110. Timelines and expiration dates shall be calculated from the date of preliminary plat approval even if a plat amendment is subsequently approved.
F. If multiple plat amendment applications are submitted, the cumulative effect of such amendments shall not violate the requirements of this section. (Ord. 1856 § 2 (Exh. B), 2018).