Chapter 17.12
SUBDIVISIONS
Sections:
17.12.040 Preliminary plat map.
17.12.050 Departmental review.
17.12.060 Notification of public agencies.
17.12.070 Additional considerations.
17.12.080 Minimum improvements.
17.12.090 Development in stages.
17.12.010 Procedure.
EMC Title 15 establishes permit procedures, including those for preliminary plats (Type V permits) and final plats (Type I permits). Any procedures contained in this chapter are additional to those of EMC Title 15. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.020 Preapplication.
To facilitate the preapplication conference, the administrator may require conceptual layouts. These need not be prepared by a registered land surveyor or engineer, and the scale and information need not be precise. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.030 Application.
The applicant shall submit to the administrator a nonrefundable fee and 10 copies of the application and any required attachments, plus one reproducible version of the plat map. The application form shall determine the required information, including, but not limited to:
A. Vicinity sketch at a scale of not less than 800 feet to the inch, showing all adjacent subdivisions, streets, major structures, watercourses, drainage ways and other pertinent data;
B. Preliminary plat map;
C. Eight and one-half-inch by 11-inch or 11-inch by 17-inch reductions of the plat and vicinity maps. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.040 Preliminary plat map.
The preliminary plat shall be prepared by a professional engineer or professional land surveyor as defined in RCW 18.43.020, be 18 by 24 inches with a three-inch border on the left side, and contain:
A. The name of the preliminary plat;
B. The names, addresses and telephone numbers of the subdivider and surveyor or engineer;
C. The names and addresses of the owners of record of property within 300 feet of the proposed subdivision;
D. The boundary lines, accurate to scale, of the tract to be subdivided;
E. The location, width and names of all existing or platted streets or other public or private ways within or adjacent to the proposed development and other important features, such as permanent buildings, watercourses (manmade or natural), major power transmission lines, railroads and section lines;
F. Existing contours (shown solid) and proposed contours (shown dotted) at intervals of five feet or referenced to the United States Coast and Geodetic Survey datum. (King County aerial survey elevations may be shown as the datum plane.) Contours are to extend 100 feet beyond the plat;
G. The tentative profiles and grades of each proposed street;
H. All parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners of the plat, with the purpose, conditions or limitations of such reservations clearly indicated;
I. The date, scale and the north arrow and meridian;
J. The source of water supply;
K. The method of sewage disposal;
L. The land use zoning classification present and proposed;
M. All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public or private open spaces, permanent buildings and structures, and section and municipal corporation lines within or adjacent to the tract shall be shown. In the case of a replat, the lots, blocks, streets, alleys, easements, and parks of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity. Existing sewers and water lines, culverts, or other underground facilities within the tract indicating pipe sizes, grades and exact location as obtained from public records shall be shown. Boundary lines of adjacent tracts of unsubdivided and subdivided land showing owners shall be indicated by dotted lines for a distance of 300 feet;
N. Existing zoning of the proposed subdivision and adjacent tracts shall be shown;
O. All natural surface water drainageways and watercourses;
P. Proposed restrictive covenants, which shall not be in conflict with the zoning ordinance;
Q. Number of lots, the number of lots per acre, acreage and amount of land in public right-of-way;
R. Lots shall be numbered consecutively from one to the total number of lots in the proposed plat, and the total square feet in each lot shall be shown;
S. Proposed utility services shall be noted upon the face of the preliminary plat and/or shown upon the plat layout in such a manner that clearly indicates the distribution of each utility system and the connections to existing systems;
T. Legal description of the land in the proposed plat;
U. The identification of critical areas. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2400 § 1, 2008; Ord. 2316 § 2 (Exh. A), 2006).
17.12.050 Departmental review.
The administrator shall coordinate review by city departments, each of which shall review the preliminary plat for its areas of expertise. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.060 Notification of public agencies.
In addition to other required recipients, the administrator shall send copies of notices pertaining to the preliminary plat to:
A. King County when the plat is located contiguous to the city limits;
B. Any city within one mile of the plat; and
C. The Washington State Department of Transportation when the plat is located adjacent to a state highway or within two miles of a state or municipal airport. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.070 Additional considerations.
A. Public Use and Interest. The planning commission and city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision. It shall determine if appropriate provisions are made in the subdivision for, but not limited to, public health, safety and general welfare and for such open space, stormwater management, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, and shall consider all relevant facts to determine whether the public use and interest will be served by the subdivision and dedication. If the plat provides for the above-mentioned, and conforms to all these development regulations (EMC Titles 15 through 19), then it shall be approved. Dedication of land to any public agency shall be clearly shown on the final plat.
B. Storm Waters and Flood Control. The planning commission and city council shall consider the physical characteristics of a proposed subdivision site, and may disapprove a proposed plat because of flood inundation or swamp conditions.
C. Natural Element Retention. Due regard shall be shown for preservation of outstanding natural or cultural features such as scenic spots, watercourses, historic sites, etc.
D. Hazardous Geological Conditions. In areas with slopes equal to or greater than 15 percent, a detailed soils engineering report will be required prior to the approval of any preliminary plat. Special consideration for grading, fills or excavations shall be made by the planning commission and shall be in accordance with the International Building Code, Appendix J.
E. Tree Cutting Plan. Landscaping, planting or tree cutting plans shall be prepared by a landscape architect and submitted to the administrator prior to the approval on slopes 15 percent or steeper. In addition, tree cutting plans shall be required for developments in which trees over six inches in caliper are to be cut.
F. Water Retention Basins. The use of water retention basins to minimize surface runoff or erosion damage potential may be required.
G. Land Adjacent to Public Waters. When subdivisions are proposed in a shoreline area, open space may be provided to and along the water’s edge with provision for access from a public right-of-way or other adjoining public land, if necessary to mitigate adverse impacts caused by the subdivision.
H. School and Park Sites. Where a proposed school or park site lies within a proposed subdivision as indicated in the comprehensive plan, or other plans or policies, the site may be required to be reserved or dedicated by the subdivider. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2316 § 2 (Exh. A), 2006).
17.12.080 Minimum improvements.
After the city council has approved the preliminary plat the subdivider is authorized to install the minimum improvements with the assurance that the final plat will be approved; provided, that the final plat conforms with the approved preliminary plat; provided, further, that the minimum improvements have been installed in accordance with current city specifications for all required improvements as set forth in Chapter 17.16 EMC and under the supervision of and with the approval of the city engineer and any conditions have been complied with. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.090 Development in stages.
The subdivider may develop the subdivision in stages, completing one division of his development before undertaking another. Prior to the administrator officially accepting a final plat application for a division of a preliminary plat, the city engineer may require that improvements be extended beyond the division to assure the orderly and complete development of the plat or the development of contiguous property. (Ord. 2316 § 2 (Exh. A), 2006).
17.12.100 Final plat.
A. City Engineer Certification. After completion of all improvements, the city engineer will submit a certificate to the administrator stating the required improvements in accordance with the provisions contained in this title, and in accordance with city standards and specifications. The administrator shall transmit a copy of such certificate to the subdivider, together with a notice advising him to prepare a final plat.
B. Deferred Improvements. No final plat shall be submitted to the administrator or accepted by the city council until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a financial instrument has been satisfactorily posted for deferred improvements. Financial instruments shall include, but are not limited to, letters of credit from a reputable bank and certified or cashier checks made payable to the city.
1. Financial Instrument. If a subdivider wishes to defer certain on-site improvements, written application shall be made to the city engineer stating the reasons why the delay is necessary. Upon approval, the subdivider shall furnish a financial instrument to the city in the amount equal to a minimum of 150 percent of the estimated cost of the required improvements. The decision of the city engineer as to amount shall be conclusive.
2. Time Limit. The instrument shall list the exact work that shall be performed by the subdivider and shall specify that all of the deferred improvements be completed within the time established by the city engineer; and if no time is established, then not later than one year after approval of the final plat by the city council. The maximum time limit to defer improvements shall be two years after the approval of the final plat by the city council. The instrument shall be held by the city clerk.
3. Proceed Against Instrument. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such instrument without notice to the subdivider. In case of any suit or action to enforce any provisions of this title, the developer shall pay unto the city all costs incidental to such litigation including reasonable attorneys’ fees.
4. Binding Upon Subdivider. The requirement of the posting of any performance instrument or other security shall be binding on the subdivider, his heirs, successors and assigns.
5. Notification to Administrator. The city engineer shall notify the administrator in writing of the pertinent facts regarding deferred improvements.
C. Final Plat Submission. The map of the final plat consisting of the original and eight copies, on eight-and-one-half-inch by 11-inch reduction and transparency of the original, a nonrefundable fee, together with street profiles and other plans and documents as may be required by the administrator, shall be submitted to the administrator. All inspection and plan check fees shall be paid to the engineering department.
D. Plat Map Contents. The final plat shall be drawn to scale of not less than one inch representing 100 feet unless otherwise approved by the city engineer, 18 by 24 inches in size, and allowing a three-inch border on the left side. If more than one sheet is required, each sheet, including the index sheet, shall be the above specified size. The index sheet shall show the entire plat with street and highway names and blocks. The original shall contain the following:
1. Date, title, name and location of subdivision by section, township and range, graphic scale, and true north arrow;
2. The lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations;
3. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line, block line, plat meander lines, dedication and reservation;
4. All dimensions to the nearest one-hundredth of a foot and angles and bearings in degrees, minutes, and seconds;
5. Lambert coordinates, if provided by the engineering department, for permanent control monuments shall be shown on the final plat as determined by the city engineer’s office;
6. All monuments shall be located as determined by the city engineer’s office and shall be clearly shown on the final plat;
7. The final plat shall be mathematically correct;
8. The final plat shall be accompanied by an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries;
9. A legal description of the land to be subdivided shall be shown on both the title report and final plat. Legal description shall be metes-and-bounds description reflecting within the description ties to all subdivision lines, donation claim lines, and/or recorded plat lines;
10. Be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or re-established corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet.
E. Final Plat Certificates. In addition to other requirements as specified in this section, the final plat shall contain or be accompanied by the following:
1. Certification that the applicant is the land owner;
2. Certification showing that streets, rights-of-way and all sites for public use have been dedicated;
3. Certification by a licensed land surveyor that survey has been made and that monuments and stakes have been set, and the location and description of all monuments;
4. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable;
5. Certification by the engineering department that the subdivider has complied with either of the following:
a. All improvements have been installed in accordance with the requirements of these regulations, or
b. Certain improvements have been deferred according to subsection B of this section, Deferred Improvements;
6. The subdivider shall furnish the city a plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. The certificate shall be dated within 45 days prior to the granting of the final plat by the city council;
7. Certification by the King County finance department that taxes have been paid in accordance with Section 1, Chapter 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the King County finance department in sufficient amount to pay the taxes for the following year;
8. Certification by the city treasurer that there are no delinquent special assessments and that all special assessments certified to the city treasurer for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full;
9. Bills of sale, including costs, for all utilities installed in conjunction with the plat;
10. Certification of approval to be signed by the city engineer and the planning administrator;
11. Certification of approval to be signed by the mayor and attested by the city clerk;
12. Copies of any restrictive covenants as may be used in the subdivision.
F. Reserve Strips. The subdivider shall deed by separate reservation to the city appropriate reserve strips one foot or more in width which will not permit public access at the ends of platted streets which abut upon unplatted properties and reserve strips parallel to the centerline of border or boundary half and dead-end streets where such abut upon undeveloped or unsubdivided lands and for which no parallel dedicated public access is provided. The purpose of this provision is to discourage the construction of structures by not permitting access to public streets from unsubdivided land.
G. Performance Bonds. The city shall require a bond or equivalent instrument of assurance to guarantee that the subdivider shall correct any defect in a subdivision caused by faulty design or construction. The bond shall be for a minimum of one year and a minimum of 10 percent of the construction cost of the subdivision as determined by the city engineer.
H. As-Built Plans. Street profiles and cross-sections shall be prepared on standard plan and profile paper and shall indicate the location and sizes of all catch basins, culverts, stormwater facilities, water distribution system, sewage collection system, and shall be submitted for the approval of the city engineer.
I. Referral to Other Departments and Agencies. The administrator shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, utility agencies and other governmental agencies deemed necessary.
J. Approval and Filing. Before the final plat is submitted to the city council, it shall be signed by the city engineer and administrator. After the final plat is approved by the city council, it shall be signed by the mayor and the city clerk. The final plat shall be filed with the King County department of records and elections by the subdivider. The original of the plat shall be filed for record with the King County department of records and elections and returned for permanent filing with the city. Ten paper copies of the recorded original plat shall be furnished the city. One paper copy shall be filed with the King County assessor.
K. Plat Engineer Not to Act for City. An engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall not examine and approve such plats on behalf of the city. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2316 § 2 (Exh. A), 2006).