Chapter 18.40
FINAL PLAT
Sections:
18.40.030 Time limitation for approval or disapproval of final plats.
18.40.040 Improvements – Completion or guarantee.
18.40.050 Approval and filing.
18.40.060 Appeal of decision on final plat.
18.40.010 Submission.
(1) One set of reproducible Mylar drawings, and five sets of paper copies thereof, shall be submitted to the director of community development services together with additional information and documentation as required in FWRC 18.40.020.
(2) The director of community development services shall route the drawings to the appropriate departments and agencies for review.
(3) If the final plat is found to be incomplete or contain inaccurate information, the director of community development services shall return the Mylar to the owner or his or her representative for correction.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.380.10 – 16.380.30), 2-27-90. Code 2001 § 20-132.)
18.40.020 Contents.
(1) All final plats shall contain the following information:
(a) Name of plat.
(b) Location by section, township, range, and/or other legal description.
(c) The name and seal of the registered land surveyor responsible for preparation of the plat, and a certification on the plat by the surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct.
(d) The scale, shown numerically and graphically, meridian and north point. The scale of the final plat shall be determined by the department of public works in order that all distances, bearings and other data can be clearly shown.
(e) The boundary line of the plat, based on an accurate traverse, with angular and linear dimensions.
(f) Exact location, width, number, or name of all streets, alleys, and walks within and adjoining the plat and all easements and dedications for rights-of-way provided for public services or utilities.
(g) True courses and distances to the nearest established street lines or official monuments which shall accurately locate the plat.
(h) Building setback lines if in a cluster subdivision.
(i) Municipal, township, county, or section lines accurately tied to the lines of the plat by distances and courses.
(j) Radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs.
(k) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet. Blocks in numbered additions to subdivisions bearing the same name may be numbered or lettered consecutively through the several additions.
(l) Area of individual lots shown in square footage on the lot itself, or in a table on the face of the plat.
(m) All lots must be provided with mailing addresses by the building official. Said addresses must be provided on the face of the final plat.
(n) Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications.
(o) Acreage precluded from development due to the presence of critical areas, including wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations.
(p) Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easement created for the purpose of providing access to lots within subdivisions.
(q) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities.
(r) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands.
(s) Accurate locations of all monuments. One such monument shall be located at each street intersection, point of curvature, and at location to complete a continuous line of sight, and at such other locations as required by the provisions of RCW 58.17.240 and by the department of public works.
(t) All plat meander lines or reference lines along bodies of water shall be established above, but not farther than 20 feet from the high water line of such water.
(u) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners.
(v) If a plat is subject to a dedication, dedication language shall be included on the face of the plat. Said dedication shall be signed and acknowledged before a notary public by all parties having an ownership interest in the lands subdivided and recorded as part of the final plat. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the said donee or donees, grantee or grantees for his, her, or their use for the purpose intended by the donor or grantors as aforesaid.
(w) A full and correct legal description of the property platted.
(x) Restrictions or conditions on the lots or tracts in the plat required by the hearing examiner or city council.
(y) All signatures on the final plat Mylar shall be in reproducible black ink.
(z) Additional pertinent information as required by director of public works or the director of community development services.
(aa) A drainage release releasing the city for claims for injury or damage resulting from the storm drainage system to be installed and indemnify the city from claims brought by downstream owners based on the operation, failure to operate, improper design, or improper construction.
(2) In addition to the above requirements, the final plat shall be accompanied by the following information:
(a) A copy of any deeds, covenants, conditions, or restrictions together with a copy of the documents which establish and govern any homeowners’ association which may be required.
(b) A statement of approval from the director of public works as to the survey data, layout of streets, alleys, and other rights-of-way, bridges, and other structures.
(c) A statement of approval from the city of Tacoma public utilities department and Lakehaven utility district as to the water system.
(d) A statement of approval from the Lakehaven utility district as to the sanitary sewer system.
(e) Where appropriate, a statement of approval from the county department of public health as to the on-site sewage control system.
(f) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections.
(g) A certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.
(h) A notarized certificate stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners.
(i) A current (within 30 days) title company certification of:
(i) The legal description of the total parcel sought to be subdivided.
(ii) Those individuals or corporations holding an ownership interest in such parcel.
(iii) Any lands to be dedicated are in the names of the owners whose signatures appear on the dedication certificate.
(iv) Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by auditor’s file number and/or recording number.
(3) Whenever a survey of a proposed subdivision reveals a discrepancy (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 final plat and shall also be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat. The applicant for the plat shall file the title report with the department of community development services. The applicant shall be responsible for obtaining and paying for the title report.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.390.10, 16.390.20), 2-27-90. Code 2001 § 20-133.)
18.40.030 Time limitation for approval or disapproval of final plats.
Final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing a complete application unless the applicant consents to an extension of such time period.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-134.)
18.40.040 Improvements – Completion or guarantee.
(1) Prior to approval of the final 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 final plat approval, 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 final plat approval. 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; Ord. No. 90-41, § 1(16.400.10 – 16.400.30), 2-27-90. Code 2001 § 20-135.)
18.40.050 Approval and filing.
(1) Following approval of the construction of required improvements, and/or appropriate bonding pursuant to this section, the final plat shall be reviewed by the director of community development. After considering all the information and comments submitted on the matter, the director shall issue a written decision within the time limits provided in FWRC 18.40.030.
(2) The director’s decision shall make written findings that the final plat is in substantial conformance to the preliminary plat and is in conformity with applicable zoning ordinances or other land use controls; that all conditions of the hearing examiner have been satisfied; that the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open spaces, drainageways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that ensure safe walking conditions for students who walk to and from school; that all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted; that all taxes and assessments owing on the property being subdivided have been paid. If the director makes such findings, then the plat shall be approved for recording. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat.
(3) The approved and signed final plat, together with all legal instruments pertaining thereto as required herein, shall be recorded with the appropriate county office within 30 days of approval. A recorded and certified copy on any standard material acceptable to the city shall be returned to the city and kept with the city’s records. All fees for such 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. Final plats shall be recorded consistent with Chapter 58.09 RCW.
(4) Any lots within a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
(Ord. No. 22-933, § 3, 5-3-22; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.410.10 – 16.410.30), 2-27-90. Code 2001 § 20-136.)
18.40.060 Appeal of decision on final plat.
Any decision approving or disapproving any plat shall be reviewable pursuant to Chapter 36.70C RCW before the King County superior court. Standing to bring the action is limited to the following parties:
(1) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner within 300 feet of the proposal;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-137.)