Chapter 18.30 SHORT SUBDIVISION PLATS

(1) An optional preapplication conference between the proponent and city staff to discuss land use, site design, transportation, and environmental issues.

(2) Review of the short subdivision application to determine whether or not the application is complete and acceptable for filing.

(3) Review of the application by the department of community development services, public works department, Lakehaven utility district, city of Tacoma public works department, and county department of public health, if septic systems are to be utilized.

(4) Approval, approval with conditions, or denial of the short subdivision by the director of the department of community development services.

(5) Review of engineering drawings for required public improvements.

(6) Approval of engineering plans by public works director.

(7) Substantial completion of required improvements.

(8) Recording of short subdivision in the office of the county division of elections and records.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.130.10 – 16.130.70), 2-27-90. Code 2001 § 20-81.)

18.30.020 Preapplication conference.

(1) For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a preapplication conference with the director of the department of community development services to discuss land use, site design, required improvements, and conformance with the comprehensive plan and zoning ordinance. The director may request the attendance of other staff members at the preapplication conference.

(2) The preapplication conference is advisory only and neither the applicant nor technical staff shall be bound by any determinations made therein.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.140.10, 16.140.20), 2-27-90. Code 2001 § 20-82.)

18.30.030 Content and form of application.

All short subdivision applications must at the minimum provide the information contained within City of Federal Way Department of Community Development Services Bulletin No. 010, Short Subdivision Submittal Requirements. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary.

(Ord. No. 10-672, § 3, 10-19-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.150.10 – 16.150.30), 2-27-90. Code 2001 § 20-83.)

18.30.040 Routing.

(1) Upon submittal of an application for a short subdivision, the director of community development services shall distribute a copy of the application to the public works department, the Lakehaven utility district, and/or city of Tacoma public utilities department, depending on who the water and sewer purveyor will be, and the county department of public health, if the project is to be served by septic tanks.

(2) The department of transportation shall be notified in writing whenever a proposed short plat is located adjacent to a state right-of-way. The city shall prepare a notice, which includes a location map and legal description of property, requesting relevant information regarding, but not limited to, the effect of the proposed short plat upon access to the state right-of-way, traffic-carrying capacity and safety.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.160.10, 16.160.20), 2-27-90. Code 2001 § 20-84.)

18.30.050 Determination of completeness.

(1) Completeness.

(a) Within 28 calendar days of receiving an application, the city must determine whether the application is complete. The city will apply FWRC 18.30.030 to determine whether the proposed short subdivision is in conformance with the zoning code and official zoning map to determine completeness. If the city deems the application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this subsection.

(b) Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or whether additional information is necessary.

(2) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-85.)

18.30.060 Time limitation for approval or disapproval of plats – Extension.

An application for short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of submittal of a complete application, unless the applicant consents to the extension of such time period. The 30-day period shall not include the time spent preparing and circulating any environmental documents. When returning an application due to incompleteness or because of denial, the city shall specify what item(s) are needed for a complete application; or the basis for denial.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-86.)

18.30.070 Compliance with State Environmental Policy Act.

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director of community development services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environmental Policy Act.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-87.)

Cross reference: Environmental policy, FWRC Title 14.

18.30.080 Notice.

(1) Content. The director of community development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information:

(a) The name of the applicant and, if applicable, the project name. The date of application, date of the notice of completion for the application and the date of the notice of application.

(b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.

(c) The citation of the provision of this title describing the requested decision and, to the extent known by the city, any other permits which are not included in the application.

(d) A brief description of the requested decision, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440.

(e) A statement of the availability of the official file.

(f) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice.

(g) A statement that only persons who submit written comments to the director of community development services, or specifically request a copy of the original decision, may appeal the director’s decision.

(h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.

(i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040.

(2) Distribution. Within 14 days of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of community development services shall distribute this notice as follows:

(a) A copy of the notice will be published in a newspaper of general circulation of the city.

(b) A copy of the notice will be conspicuously posted upon the property adjoining each public right-of-way.

(d) A copy will be sent to persons receiving the property tax statement for all property within 300 feet of each boundary of the subject property.

(e) If the owner of the property which is proposed to be subdivided also owns another parcel, or parcels, of property which lie adjacent to the property proposed to be subdivided, notice of application shall be given to owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels of property owned by the owner of the property proposed to be subdivided.

(Ord. No. 20-898, § 6, 10-20-20; Ord. No. 10-653, § 3, 4-6-10; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07. Code 2001 § 20-88.)

Cross reference: Hearing examiner, Chapter 2.95 FWRC.

18.30.090 Burden of proof.

The applicant has the responsibility of convincing the director of community development services that, under the provisions of this chapter, the applicant is entitled to the requested decision.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07. Code 2001 § 20-89.)

18.30.100 Written comments.

The director of community development services shall consider all written comments and information regarding the requested decision that are received by the department of community development services before the deadline contained within the notice regarding the application.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07. Code 2001 § 20-90.)

18.30.110 Director’s decision.

(1) General. After the deadline for submitting comments and after considering all of the information and comments submitted on the matter, the director of community development services shall issue a written decision within the time lines set out in FWRC 18.30.060.

(2) Decisional criteria. The director of community development services shall use the following criteria in deciding upon the application and may approve the application only if:

(a) It is consistent with the comprehensive plan;

(b) It is consistent with all applicable provisions of this title;

(d) It is consistent with design criteria listed in FWRC 18.05.020; and

(e) It is consistent with the development standards listed in Chapter 18.55 FWRC, and FWRC 18.60.030 through 18.60.120, other applicable ordinances or regulations of the city, and Chapter 58.17 RCW.

(3) Conditions and restrictions. The director of community development services shall include in the written decision any conditions and restrictions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are included become part of the decision.

(4) Contents. The director of community development services shall include the following in the written decision:

(a) A statement granting, modifying and granting, or denying the application.

(b) Any conditions and restrictions that are imposed.

(c) A statement of facts presented to the director of community development services that support the decision, including any conditions and restrictions that are imposed.

(d) A statement of the director’s conclusions based on those facts.

(e) A statement of the criteria used by the director of community development services in making the decision.

(f) The date of the decision.

(g) A summary of the rights, as established in this chapter, of the applicant and others to request consideration and to appeal the decision of the director of community development services.

(h) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW.

(i) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(5) Distribution of written decision. Within two working days after the written decision of the director of community development services is issued, it shall be distributed as follows:

(a) A copy will be mailed to the applicant.

(b) A copy will be mailed to each person who submitted written comments or information to the director of community development services.

(d) A copy will be mailed to the King County assessor.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07. Code 2001 § 20-91.)

18.30.120 Process for review.

The director of community development services will make the initial decision on the short plat application based on written comments and information, according to FWRC 18.30.110. Appeals will be decided by the hearing examiner after a public hearing, pursuant to FWRC 18.30.140 et seq. The short subdivision application shall be processed as set out in FWRC 18.30.130 et seq.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.05), 2-27-90. Formerly 20-88. Code 2001 § 20-92.)

18.30.130 Official file.

(1) Contents. The director of community development services shall compile an official file on the application containing the following:

(a) All application material submitted by the applicant.

(b) All written comments received on the matter.

(d) If the decision of the director of community development services is appealed, the following will be included in the file:

(i) The letter of appeal.

(ii) All written comments submitted regarding the appeal.

(iii) The staff report on the appeal.

(iv) The electronic sound recording of the hearing on the appeal.

(v) The decision of the hearing examiner on the appeal.

(e) Any other information relevant to the matter.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Formerly 20-89. Code 2001 § 20-93.)

18.30.140 Appeals.

(1) Who may appeal. The decision of the director of community development services may be appealed by any person who is to be mailed a copy of that decision under FWRC 18.30.110.

(2) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director of community development services. The letter of appeal must contain:

(a) A statement identifying the decision being appealed, along with a copy of the decision;

(b) A statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director of community development services disputed by the person filing the appeal; and

(c) The appellant’s name, address, telephone number, and fax number, and any other information to facilitate communications with the appellant.

(3) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by the city. The appeal will not be accepted unless it is accompanied by the required fee.

(4) Jurisdiction. Appeals from the decision of the director of community development services will be heard by the hearing examiner.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-94.)

18.30.150 Notice of appeal hearing.

(1) Content. The director of community development services shall prepare a notice of the appeal containing the following:

(a) The file number and a brief description of the matter being appealed.

(b) A statement of the scope of the appeal, including a summary of the specific factual findings and conclusions disputed in the letter of appeal.

(d) A statement of who may participate in the appeal.

(e) A statement of how to participate in the appeal.

(2) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community development services shall mail a copy of this notice to each person entitled to appeal the decision under FWRC 18.30.140.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-95.)

18.30.160 Participation in the appeal.

Only those persons entitled to appeal the decision under FWRC 18.30.140 may participate in the appeal. These persons may participate in either or both of the following ways:

(1) By submitting written comments or information to the department of community development services prior to the hearing or to the hearing examiner during the hearing.

(2) By appearing in person, or through a representative, at the hearing and submitting oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-96.)

18.30.170 Scope of the appeal.

The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions disputed in the letter of appeal. The hearing examiner may only consider evidence, testimony or comments relating to errors raised or the disputed findings and conclusions. The hearing examiner also may not consider any request for modification or waiver of applicable requirements of this title or any other law.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-97.)

18.30.180 Staff report on appeal.

(1) Content. The director of community development services shall prepare a staff report on the appeal containing the following:

(a) The written decision of the director of community development services.

(b) All written comments submitted to the director of community development services.

(d) All written comments on the appeal received by the department of community development services from persons entitled to participate in the appeal and within the scope of the appeal.

(e) An analysis of the alleged errors in the director’s decision and any specific factual findings and conclusions disputed in the letter of appeal.

(2) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute copies of the staff report on the appeal as follows:

(a) A copy will be sent to the hearing examiner.

(b) A copy will be sent to the applicant.

(d) A copy will be sent to each person who received a copy of the director’s decision.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-98.)

18.30.190 Public hearing on appeal.

(1) Generally. The hearing examiner shall hold an open record hearing on the appeal.

(2) Open to public. The hearings of the hearing examiner are open to the public.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-99.)

18.30.200 Electronic sound recordings.

The hearing examiner shall make a complete electronic sound recording of each hearing.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-100.)

18.30.210 Burden of proof.

The person filing the appeal has the responsibility of convincing the hearing examiner by a preponderance of the evidence that the director of community development services’ decision contains an error of law or that its findings of fact or conclusions are incorrect.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-101.)

18.30.220 Continuation of the hearing.

The hearing examiner may continue the hearing if, for any reason, the examiner is unable to hear all of the public comments on the appeal or if the hearing examiner determines that the examiner needs more information within the scope of the appeal. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-102.)

18.30.230 Decision on appeal.

(1) General. The hearing examiner shall consider all information and comments within the scope of the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either affirm or change the findings and conclusions of the director of community development services that were appealed. Based on the hearing examiner’s findings and conclusions, the examiner shall either affirm, reverse, or modify the decision being appealed.

(2) Issuance of written decision. Within 10 working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within two working days after it is issued, the hearing examiner shall distribute the decision as follows:

(a) A copy will be mailed to the applicant.

(b) A copy will be mailed to the person who filed the appeal.

(d) A copy will be mailed to each person that specifically requested it.

(e) A copy will be mailed to the King County assessor.

(3) Effect. The decision by the hearing examiner is the final decision of the city.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-103.)

18.30.240 Judicial review.

The action of the city in granting or denying an application under this chapter may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after issuance of the final land use decision of the city.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-104.)

18.30.250 Departmental action.

(1) The application for a short subdivision shall be reviewed for compliance with FWRC 18.05.020, and design criteria and development standards set forth in Chapter 18.55 FWRC and FWRC 18.60.030 through 18.60.120, other applicable ordinances or regulations of the city, and Chapter 58.17 RCW.

(2) Any action by the department of community development services relative to the application shall contain the following information, where applicable:

(a) Improvements required as conditions of approval of the short subdivision.

(b) Review comments and requirements of reviewing agencies.

(3) A short plat may not be recorded until it has been certified by the director of public works that all improvements required as a condition of approval have been substantially completed in accordance with FWRC 18.30.280. Such certification shall appear on the face of the short plat.

(4) No final short plat shall be approved until the department of community development services has made a formal written finding that the proposed short subdivision is in conformity with applicable zoning ordinances or other land use controls and that the plat encompasses good planning features and provisions for safe walking conditions such as sidewalks for students who walk to and from school.

(5) Every short plat of a subdivision or short subdivision to be recorded must contain a certificate giving full and correct description of the lands divided as they appear on the plat, along with a statement that the subdivision has been made with the consent of the owner and all affected owners.

(a) For those short plats subject to dedication, a notarized written instrument containing subject dedication to the public must be signed by all parties having ownership interest in the land subdivided. This notarized dedication must be placed on the face of the recorded short plat or the written instrument along with a title report confirming title of lands described shall be recorded as part of the short plat.

(b) An offer of dedication may include a waiver of right of direct access to any street from any property if acceptable by the city. Roads not dedicated to the public must clearly be marked on the face of the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered for all intents and purposes as a quitclaim deed.

(6) A drainage release shall be provided releasing the city for claims for injury or damage resulting from the storm drainage system to be installed, if any, and indemnify the city from any claims brought by downstream owners based on the operation, failure to operate, improper design, or improper construction.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 00-375, § 7, 10-3-00; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.180.10 – 16.180.50), 2-27-90. Code 2001 § 20-105.)

Cross reference: Procedure for requirements for bonds, Chapter 19.25 FWRC.

18.30.260 Effect – Short plat duration approval.

(1) Short plat approval shall expire five years from the date of the director of community development services approval. Said approval shall constitute acceptance of short subdivision layout and design and shall include all conditions, restrictions, and other requirements required by the director of community development services as part of short subdivision approval. City approval of a short subdivision shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the city.

(2) Prior to construction of improvements pursuant to short plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works, Lakehaven utility district, and city of Tacoma public utilities department. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage; the payment of all pertinent fees; and the submittal of performance securities as may be required.

(Ord. No. 09-624, § 6, 9-15-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-106.)

18.30.280 Improvements – Completion or guarantee.

(1) Prior to recording of the short plat, all surveying and monumentation must be complete. In addition, all other required improvements must be substantially completed with remaining uncompleted improvements consisting only of sidewalks, street lighting, landscaping where applicable, or similar improvements, as determined solely by the departments of community development services and public works.

(2) In lieu of the completion of the remaining construction of required improvements, prior to recording of the short plat, the applicant may file a performance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works sufficient to guarantee actual construction and installation of such improvements within six months of recording. The amount of the security for completion shall not be less than 120 percent of the estimated cost of such improvements as approved by the public works director.

(3) An agreement must be entered into between the developer and the city whereby all remaining improvements shall be completed within six months of entering into the agreement, or the city will have the option of calling the performance security and completing the improvements.

(4) The restoration bond, assignment of funds, or cash deposit accepted by the city at the preconstruction stage shall be no less than 120 percent of the cost of temporary erosion control, and those facilities necessary to stabilize the site.

(5) Prior to the acceptance by the city of the constructed improvements, the applicant shall file a maintenance bond or other suitable security in a form approved by the city attorney and in an amount to be determined by the director of public works guaranteeing the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping. Said maintenance bond shall be no less than 30 percent of the estimated cost of all improvements.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-108.)

18.30.290 Alteration and vacation of short plats.

(1) Alteration of an approved short plat shall follow the same review process used to create a short plat as set forth in FWRC 18.30.010; except that when an alteration involves a public dedication, the alteration shall be processed as provided in Chapter 18.50 FWRC.

(2) Vacation of an approved short plat shall follow the process established as follows; except that when a vacation involves a public dedication, the vacation shall be processed as provided in Chapter 18.50 FWRC.

(a) A preapplication conference between the proponent and city staff to discuss the circumstances and reasons for the vacation as set forth in FWRC 18.30.020.

(b) Review of the short subdivision vacation application to determine whether or not the application is complete and acceptable for filing. An application for vacation shall include the following:

(i) An application for approval of a short subdivision vacation shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent. The owner or owners of all parcels to be included must join in or be represented in the application.

(ii) The application shall include seven prints of the approved short subdivision and be accompanied by a statement setting forth the reasons for vacation.

(c) Approval, approval with conditions, or denial of the short subdivision vacation by the director of the department of community development services.

(d) Filing of the short subdivision vacation in the office of the county division of elections and records.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98. Code 2001 § 20-108.5)

18.30.300 Recording of short plat.

(1) All short plats approved in accordance with this chapter shall be recorded with the county division of elections and records by the city. All fees for recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county department of assessments for assessment purposes.

(2) Short plats shall be recorded in the same manner as a survey, consistent with Chapter 58.09 RCW, the Survey Recording Act.

(3) All lots, blocks, and streets within a short plat shall be named and/or numbered by the city’s building official.

(4) Lots within a short plat may not be offered for sale or lease, or title transferred until the short plat has been recorded.

(5) No land in a short plat can be divided to create 10 lots in any manner within a five-year period without receiving preliminary and final plat approval.

(6) Whenever a survey discrepancy exists (such as a boundary hiatus, an overlapping boundary, or a physical appurtenance) which indicates encroachment, lines of possession, or conflict of title, the discrepancy shall be noted on the face of the short plat and shall also be disclosed in a title report prepared by a title insurer and issued after the filing of the short plat.

(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.190.10, 16.190.20), 2-27-90. Code 2001 § 20-109.)