Chapter 18.06
PRELIMINARY PLATS
Sections:
18.06.030 Application preparation and contents.
18.06.050 Preliminary plat approval critera.
18.06.060 Preliminary plat adjustments, modifications and revocations.
18.06.010 General provisions.
A. Process – Generally.
1. Preliminary Plat. Both short and long subdivisions are a two-step process, requiring a preliminary approval before application for a final plat can be made. Preliminary short plats, creating nine or fewer lots, are approved administratively, consistent with the provisions below. Preliminary long plats, creating 10 or more lots, are approved by the hearing examiner, consistent with the provisions below.
2. Improvements. Upon approval of a preliminary plat, the applicant shall install or bond for the improvements necessary to serve the platted lots.
3. Final Plat. Upon completion or bonding of the improvements and conformance with all other requirements and conditions of a preliminary plat approval the applicant may apply for a final plat approval.
B. Environmental Review.
1. Short Plat.
a. All actions by the city in approving a short plat shall be exempt from any environmental review unless the director determines that the short plat is located wholly or partially within a critical area as designated in FMC 17.05.015, or associated buffer.
b. If the proposed short plat is located wholly or partially within a critical area or associated buffer, as determined by the director, environmental review shall be in accordance with the SEPA and critical areas regulations set forth in FMC Title 17.
2. Long Plats. All preliminary long plats are subject to SEPA review and a SEPA checklist shall be submitted as part of the application.
C. Separate Short Plats Permitted When. Lots within a plat or contiguous unplatted parcels of land which are acquired by the developer or applicant independently of each other and which, when further divided into lots, collectively create no more than nine lots, may be short platted separately; provided, that when the applicant short plats the first parcel, the access, lot lines and drainage for the total tract are also approved by the city.
D. Contiguous parcels that have one or more common owners, one or more persons who have an interest in the entity that owns or has an ownership interest in contiguous parcels, or a developer who intends to develop contiguous properties, must comply with the subdivision requirements of this title if the total number of resultant lots will exceed four in number. The short subdivision code may not be used as a mechanism to avoid the requirements of the subdivision code where there are adjacent parcels under common ownership, as described herein, that, but for the property boundaries, would be required to comply with the subdivision requirements.
E. Preapplication Conference. Persons considering making application for a long subdivision for land lying within the city of Fife shall request that a preapplication conference be held with appropriate city staff. Such request shall be directed to the director, and upon its receipt the director shall schedule a conference between the prospective applicant and appropriate city staff. The purpose of a preapplication conference is for the prospective applicant and city staff to gain a common understanding of the nature of the contemplated subdivision and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated subdivision and subsequent development. Such information may include photographs, sketches and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section.
F. Phased Development. Preliminary plat approval must be granted for the entire subdivision. Where a plat is proposed to be developed in distinct phases, the plat map must delineate the separate divisions which are to be developed in increments. The preliminary plat approval is conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require council approval.
G. Transfer of Property Following Preliminary Plat Approval. No lot, tract or parcel of land within a subdivision shall be sold or transferred, or offered or advertised for sale or transfer, without having a final plat of such subdivision filed for record. Provided, if performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval but prior to final plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded.
H. Timing. Through December 31, 2014, a preliminary plat shall be valid for a seven-year period following approval of the preliminary plat. Starting January 1, 2015, a preliminary plat shall be valid for a five-year period following approval for the preliminary plat. An applicant who files a written request with the city at least 30 days before the expiration of the stated period shall be granted a one-year extension upon showing that a good faith effort has been attempted in applying for a final plat. A good faith effort is defined to be at minimum the submittal of a complete engineering construction drawing(s) to the city. Additional extensions of one year may be similarly requested by the applicant and granted, subject to a finding of good faith effort. A plat granted preliminary approval but not filed for final plat approval within the applicable time period or extended time period shall be null and void. (Ord. 2043 § 1 (Att. E), 2021).
18.06.020 Applicability.
The provisions of this title apply to both short and long plats. The provisions for a short plat apply to the creation of up to nine lots, and the provisions for a long plat apply to the creation of 10 lots or more. Where the provisions of this chapter do not distinguish between long and short plats, the provisions apply to both. (Ord. 2043 § 1 (Att. E), 2021).
18.06.030 Application preparation and contents.
A. Preparation.
1. The preliminary plat shall be prepared by a professional engineer or professional land surveyor registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC.
2. Scale and Format. All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the location sketch and typical street cross sections may be drawn to any other appropriate scale. A preliminary plat shall be 24 inches by 36 inches in size, and if more than one sheet is needed each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided.
3. All applications shall submit electronic documents of the application material in .pdf format or other version as determined by the director.
B. Contents.
1. A preliminary plat application shall contain the following items:
a. Current title report.
b. Preliminary plat drawing consistent with subsection (B)(2) of this section.
c. Utility availability letters.
d. Conceptual utilities plan showing how all lots will be served by both public and private utilities.
e. Conceptual grading plan showing existing and proposed grades with cross sections demonstrated, as applicable.
f. Conceptual access plan showing existing and proposed access points as well as any planned roads.
g. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be recorded simultaneously with the subdivision.
h. Narrative of compliance with applicable criteria for approval listed in this chapter.
i. Critical areas analysis consistent with FMC Title 17, as applicable.
j. Applicable fee as determined by the currently adopted fee schedule in accordance with Chapter 3.80 FMC.
2. Preliminary plat prints and approved electronic submission formats shall have dimensions that are multiples of nine inches along one side and multiples of 12 inches along the adjacent side. The drawing shall be to a scale of no greater than one inch equals 50 feet or smaller than one inch equals 100 feet. The preliminary plat drawing shall contain the following information:
a. General Information.
i. The name of the proposed subdivision, together with the words “preliminary plat”;
ii. The name and address of the applicant;
iii. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat;
iv. Numeric scale, graphic scale, true north point and date of preparation;
v. Legal description of preliminary plat;
vi. A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural features shall appear on the preliminary plat;
vii. A statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
b. Existing Geographic Features. Except as otherwise specified herein, the following existing geographic features shall be drawn lightly in relation to proposed geographic features:
i. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines;
ii. All existing property lines lying within the proposed subdivision which are to be vacated, and all existing property lines lying within 100 feet of the property to be subdivided or within 100 feet of property lying adjacent to and under the same ownership as the property to be subdivided;
iii. The location, right-of-way widths, pavement widths, and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the proposed subdivision;
iv. The location, widths and purposes of any existing easements, including recording numbers, lying within or adjacent to the proposed subdivision;
v. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision;
vi. The location of existing section and municipal corporation boundary lines lying within or adjacent to the proposed subdivision;
vii. The location of any well used for domestic water supply existing within the proposed subdivision or within 100 feet of the boundaries of the proposed subdivision;
viii. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of one foot for average slopes not exceeding five percent. Existing contour lines which will be altered through filling or excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by subsection (B)(2)(c) of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, and shall be based upon USGS or USC and GS datum, as determined by the city;
ix. The location of any existing structures lying within the proposed subdivision. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines;
x. A geotechnical report which includes hydrogeologic analysis may be required if deemed necessary by the director.
c. Proposed Geographic Features. The following proposed geographic features shall be shown:
i. The boundaries and approximate dimensions of all proposed lots, and the proposed identifying number or letter to be assigned to each lot and/or block;
ii. The right-of-way location and width, the proposed name of each street, alley or other public way to be created and adequate horizontal and vertical street geometries to ensure compliance with city standards;
iii. The location, width and purpose of each easement to be created;
iv. The boundaries, dimensions and area of public and common park and open space areas;
v. Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication;
vi. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of one foot for average slopes not exceeding five percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines, as provided by subsection (B)(2)(b)(viii) of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, shall be based upon USGS or USC and GS datum, and shall be indicated by lines drawn lightly relative to other proposed geographic features;
vii. The building envelope and setbacks shall be indicated for each lot. (Ord. 2043 § 1 (Att. E), 2021).
18.06.040 Process.
A. Timing.
1. Within 28 days after receiving a preliminary plat application, the director shall mail or provide in person a written determination to the applicant, stating either that the application is complete, or that the application is incomplete and what is necessary to make the application complete. An application is complete for purposes of this section when it meets the procedural submission requirements of FMC 18.06.030 and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The 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.
2. Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application, the director shall notify the applicant whether the application is complete or whether additional information is necessary.
3. An application for preliminary plat approval shall be approved, approved with conditions, or returned to the applicant for modifications or corrections or denied within 90 days from the date the application is determined to be complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement. Time spent by the applicant responding to a request for modification or correction by the city shall be excluded from the review clock.
4. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, SEPA, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
B. Notice.
1. Notice of Application. Each preliminary plat application shall provide public notice as required by FMC Title 14.
2. Notice of Hearing. For preliminary long plats, except as provided in RCW 36.70B.110, at a minimum the director shall cause notice of the hearing to be given in the following manner:
a. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county;
b. Notice shall be mailed to all property owners within 300 feet of the subject property. If the applicant owns property abutting the project site, all property owners within 300 feet of the abutting property shall also be notified;
c. Where any boundary of the proposed subdivision lies adjacent to or within one mile of the municipal boundaries of any city or town other than the city of Fife, notice shall be mailed to the appropriate city or town authorities;
d. Where the proposed subdivision adjoins the municipal boundaries of the city of Fife, notice shall be mailed to the appropriate county officials;
e. Where the proposed subdivision is located adjacent to the right-of-way of a state highway, notice shall be mailed to the Washington State Department of Transportation;
f. Where the proposed subdivision is located within two miles of a publicly owned airport, notice shall be mailed to the Washington State Secretary of Transportation.
C. Review and Decision.
1. Administrative Review. Upon receiving a complete application for preliminary plat approval, the director shall transmit a copy of the preliminary plat, together with copies of any accompanying documents as the director deems appropriate, to the following:
a. City engineer, who shall review the proposed subdivision with regard to its conformance to the general purposes of adopted traffic and utility plans; adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer; and conformance to any applicable improvement standards and specifications.
b. City fire marshal, who shall review the proposed subdivision with regard to adequate provisions for emergency access and response.
c. Any other city department, utility provider, school district or other public or private entity as the director deems appropriate.
2. Short Plats.
a. After completion of administrative review, and any required environmental review, the director shall determine the preliminary short plat’s conformance to the approval criteria for a preliminary short plat and either approve, approve with conditions or deny the preliminary short plat application.
3. Long Plats.
a. After having received the proposed subdivision plat and after completion of administrative review and any required environmental review, the community development director or designee shall set a date for an open record public hearing before the hearing examiner.
b. Every hearing held for the purposes of this chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection. A public hearing held under this chapter shall not be continued beyond the originally scheduled date of public hearing unless the applicant consents, in writing, to an extension of the time period allowed for a decision under subsection (A)(3) of this section.
c. Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.
d. After considering the matter at a public hearing, the hearing examiner shall review and either approve, approve with conditions, or deny subdivision. The hearing examiner’s decision shall include findings and conclusions to support the decision and the preliminary plat’s conformance with the approval criteria. (Ord. 2043 § 1 (Att. E), 2021).
18.06.050 Preliminary plat approval criteria.
A. A proposed subdivision and dedication shall not be approved unless the hearing examiner or director makes written findings that:
1. The proposed subdivision is in conformity with all applicable zoning and other land use regulations;
2. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, 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;
3. The public use and interest will be served by the platting of such subdivision and dedication.
B. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city council shall adopt the designated name.
C. The hearing examiner or director shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved by the city covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology of the state of Washington. (Ord. 2043 § 1 (Att. E), 2021).
18.06.060 Preliminary plat adjustments, modifications and revocations.
A. Adjustments.
1. Minor Adjustments. Minor adjustments may be made and approved by the director. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. Such dimensional requirements shall not vary more than 10 percent from the original. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, FMC Title 19, any other applicable city land use control, Chapter 58.17 RCW, or any other applicable state law or regulation.
2. Major Adjustments. Major adjustments are those that, when determined by the director, substantially change the basic design, layout, open space or other requirements of the plat. When the director determines a change constitutes a major adjustment, the application shall be processed in the same manner as a new preliminary plat application.
B. Modification or Revocation of Preliminary Plat. The hearing examiner (or director for preliminary short plats) may modify a preliminary plat or revoke approval of a preliminary plat if, after notice and a public hearing, the hearing examiner or director finds:
1. That a change in conditions creates a serious threat to the public health or safety;
2. Preliminary plat approval was made under a mistake of material fact and in violation of law; or
3. The conditions of preliminary plat approval are impossible to satisfy because of a knowing and deliberate violation of a condition of approval. (Ord. 2043 § 1 (Att. E), 2021).