Chapter 17.07
FINAL PLATS AND FINAL BINDING SITE PLANS
Sections:
17.07.040 Requirements for a complete application.
17.07.060 Review and approval process.
17.07.070 Time limitation for final decision.
17.07.010 Purpose.
The purpose of the provisions in this chapter is to regulate the process for final plat (including fee simple unit lot subdivisions) and final binding site plan approval, and recording. (Ord. 2716 § 2, 2017).
17.07.020 Administration.
The Director is authorized and directed to administer the provisions of this chapter. The Director has the authority to approve or deny final plats administratively. The Director has the authority to administratively approve or deny final binding site plans. (Ord. 2716 § 2, 2017).
17.07.030 Procedure.
The following steps shall be followed in the processing of a final plat application and a final binding site plan application:
A. MTMC 17.07.040, consistency with requirements for a complete application;
B. MTMC 18.05.110, determination of completeness and requests for additional information;
C. MTMC 18.05.120, public notices of application;
D. MTMC 17.07.050, determination of consistency with prescribed form of recording document;
E. MTMC 17.07.060, staff review for consistency, recommendation and Director action;
F. MTMC 18.05.128, notice of decision; and
G. MTMC 18.05.230, filing administrative appeals. (Ord. 2811 § 20, 2022; Ord. 2716 § 2, 2017).
17.07.040 Requirements for a complete application.
The following materials, along with applicable fees as established by the City in a resolution for this purpose, shall be submitted to the City for a complete application for a final plat or final binding site plan:
A. Application Form. One original and seven copies of an application on a form provided by the City, completed and containing the following information:
1. Name, address and telephone number of applicant and owner(s) of the land proposed to be divided;
2. Signature of applicant;
3. Signature(s) of property owner(s) or owner’s authorized representative(s);
4. Other information specified and requested on the application form.
B. Final Plat Map. One black-line paper or vellum original and seven copies of the final plat map meeting the requirements of preliminary plat approval, Chapter 17.04 MTMC, and Chapter 58.17 RCW, in the form required by MTMC 17.04.040(E) and including the certifications and dedications described in MTMC 17.07.050. The plat must also reflect a final survey of all lots within the subdivision, including corner stakes on the corners of each lot, tract or parcel shown on the approved preliminary plat. The lots on the final plat must substantially reflect the size, location and dimensions of lots shown on the approved preliminary plat, with an allowed tolerance/deviation of not more than two percent from the approved preliminary plat dimensions, and in no case less than minimum code dimensions/areas.
C. A written response to all applicable preliminary plat, preliminary fee simple unit lot, or binding site plan conditions of approval.
D. Title Report. Every plat containing a dedication filed for record must be accompanied by a title report dated by a title company within 30 days of the date the application was submitted confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
E. Recordable Survey and Signature Requirements. Every final plat or final binding site plan map must meet the recordable survey and surveyor’s signature requirements of Chapter 58.09 RCW and RCW 58.17.250.
F. Required Cost Information. If the public facilities required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a subdivision improvement agreement, pursuant to Chapter 17.06 MTMC), the subdivider’s engineer shall provide cost information for construction and installation of all public facilities, including but not limited to the following:
1. Water mains and appurtenances. Total cost by number of feet and the cost of any other associated improvement by item, including water services;
2. Storm drains. Total cost by size and number of feet;
3. Sanitary sewer. Total cost by size and number of feet;
4. Road and street improvements;
5. Pedestrian/bike connections. Total cost by size and number of feet;
6. Landscaping, including street trees. Total cost;
7. Other on- or off-site improvements as required.
G. Submittal Requirements. The application and seven copies of the materials set forth above shall be submitted to the City along with the original signed by the owner and registered land surveyor.
H. For Binding Site Plan Approval. In addition to subsections A through F of this section, the applicant for a final binding site plan approval shall provide the following:
1. A final site plan, plat map, elevation drawings, landscape plans and other plans and documents as required under the preliminary binding site plan process that reflect and incorporate all conditions of approval specified in the preliminary binding site plan decision, each prepared and formatted for recording with the Snohomish County Auditor. Each document shall be labeled with clear reference to the name and file number of the approved binding site plan. All documents shall be collated into a single recordable document, which shall include a cover page that identifies the title and all contents and documents associated with the approved binding site plan. The cover page shall include a signature block for the City of Mountlake Terrace Community and Economic Development Director, as follows:
The documents specified on this title page and attached hereto reflect all necessary and associated documents pertaining to the ________________ binding site plan approved by the City of Mountlake Terrace on __________ (date) under File Number ____________.
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________________________ |
___________ |
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Community and Economic Development Director |
Date |
2. As-built drawings of all site improvements and landscaping in relation to lot lines approved for preliminary binding site plan.
3. As-built drawing of all site improvements and landscaping in relation to final lot lines (note: Lot dimensions, distances and bearing on final binding site plan plat may vary by no more than one-quarter percent from dimensions, distances and bearings on approved preliminary binding site plan. Deviations exceeding one-quarter percent will require application to amend the preliminary binding site plan).
I. For Fee Simple Unit Lot Subdivision Approval. In addition to subsections A through F of this section, the applicant for final plat approval for a fee simple unit lot subdivision shall provide the following:
1. A final site plan, plat map, and other plans and documents as required under the preliminary plat approval process that reflect all conditions of approval specified in the preliminary plat decision, each prepared and formatted for recording with the Snohomish County Auditor. Each document shall be labeled with clear reference to the name and file number of the approved fee simple unit lot subdivision. All documents shall be collated into a single recordable document, which shall include a cover page that identifies the title and all contents and documents associated with the approved fee simple unit lot subdivision. The cover page shall include a signature block for the City of Mountlake Terrace Community and Economic Development Director, as follows:
The documents specified on this title page and attached hereto reflect all necessary and associated documents pertaining to the ________________fee simple unit lot subdivision approved by the City of Mountlake Terrace on _____________(date) under File Number ____________.
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________________________ |
___________ |
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Community and Economic Development Director |
Date |
2. As-built drawings of all site improvements in relation to lot lines approved for preliminary plat.
3. As-built drawing of all site improvements in relation to final lot lines (note: Lot dimensions, distances and bearing on final binding site plan plat may vary by no more than one-quarter percent from dimensions, distances and bearings on approved preliminary plat. Deviations exceeding one-quarter percent will require application to amend the preliminary plat). (Ord. 2716 § 2, 2017).
17.07.050 Prescribed form.
The final plat or final binding site plan shall be submitted to the City in the form and manner prescribed in this section.
A. Form.
1. The final plat or final binding site plan, containing all of the information specified in this chapter, shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar, vellum or black-line paper. The final plat shall meet the applicable content and formatting requirements of the preliminary plat described in MTMC 17.04.040(E). All documents, maps, survey calculations and notes shall contain the name of the subdivision, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s).
2. The final plat or final binding site plan map shall be 18 inches by 24 inches with a one-half-inch border on the top, bottom and right-hand margins and a two-and-one-half-inch border on the left-hand or binding margin.
3. The applicant shall also submit an electronic copy to the City of the approved final plat or binding site plan.
B. Specific Requirements. The final plat or final binding site plan shall clearly show the following information with the specified line weights, which are to ensure a hierarchy in information for legibility and ease of interpretation, i.e., to differentiate between primary, secondary, and background information. Other line weights or line types may be approved if it can be demonstrated that hierarchy of information and ease of legibility is achieved:
1. The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision (medium line weight);
2. The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds and easements adjacent to the subdivision, including municipal boundaries, township lines and section lines (fine line weight);
3. The lengths and bearings of all straight lines, curve radii, curve delta, arcs and semi-tangents (where appropriate) of all curves (medium line weight);
4. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone (medium line weight);
5. All easements and associated restrictions and maintenance provisions (medium line weight);
6. Building setbacks (fine line weight);
7. Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined (heavy line weight for tract lines; medium weight for area lines and text);
8. The area of all lots and tracts expressed in square feet (medium line weight);
9. Suitable primary control points, approved by the City Engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred;
10. The location of all permanent monuments;
11. The names of all subdivisions immediately adjacent thereto (fine line weight);
12. The date, north arrow, scale, datum plane, and date of survey;
13. The boundary of the tract (heavy line weight) with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state (medium line weight);
14. A vicinity sketch map of approximately 800 feet to the inch;
15. Street names (fine line weight); and
16. The stamp and signature of a surveyor licensed in the state of Washington.
C. Dimensional Requirements. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
D. Required Scale of Plat. The preferable scale of the final plat shall be one inch equal to 20 feet, but not less than one inch equal to 100 feet or as approved by the Director.
E. Differentiating Old and New Plat Lines. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity.
F. Document Forms. All final plats, replats or final binding site plans shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision or binding site plan and easements, dedications, acknowledgments, and other statements shall appear substantially in the form as follows:
1. Easements (Sample Utility Easement).
An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted.
2. Dedication. Roads 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 donees, grantee or grantees, for his, her or their use for the purpose intended by the grantors or donors.
Know All Men by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. This subdivision has been made with our free consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ day of ________, 20____.
[Signature blocks and Notary Certificate to follow.]
3. Acknowledgments or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100.
4. Surveyor’s Certificate.
I hereby certify that the plat of ______ is based upon a complete and actual survey and subdivision of Section __, Township ___, Range ___, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations.
___________________________________
Certificate: __________________________
Expiration: __________________________
Date: ______________________________
5. City Engineer’s Approval.
I hereby certify that this final plat is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary plat approval. I have approved this final plat as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other structures. Examined and approved by me this ____ day of _______, 20___.
______________________________
City Engineer
6. Community and Economic Development Director’s Approval.
This plat complies with all requirements of Title 17 of the Mountlake Terrace Municipal Code and all required improvements associated with this subdivision have been installed or otherwise secured through a bond or other security acceptable to the City through a Subdivision Improvement Agreement. Examined and approved by me this ____ day of _______, 20____.
_____________________________________
Community and Economic Development Director
7. City Finance Director Approval.
I hereby certify 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.
Executed this ____ day of __________, 201____.
________________________________
Finance Director
8. County Treasurer Approval.
This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year ____.
Executed this ___ day of ____________, 20_____.
__________________________________
County Treasurer
9. County Auditor.
Filed at the request of _________________, this day of ___________, ______ 20_, and recorded in Volume ___ of Plats, page(s) ______, Records of __________ County, Washington.
_________________________________
County Auditor
(Ord. 2716 § 2, 2017).
17.07.060 Review and approval process.
A. Staff Review. Once the final plat or final binding site plan application has been received and determined complete, the staff will determine whether all of the public facilities required by the preliminary plat or preliminary binding site plan approval have been constructed. Such public facilities shall be completed to the satisfaction of the City Engineer. In addition, the applicant shall submit an irrevocable offer to dedicate the improvements to the City, free and clear of all liens and encumbrances on the dedicated property and public facilities. No final plat or final binding site plan shall be approved unless all of the public facilities required by preliminary plat or preliminary binding site plan approval have been constructed, or the applicant has provided the City with a bond or both a subdivision improvement agreement and the necessary security to guarantee completion of such improvements.
B. Staff Recommendation.
1. The City Engineer and City Community and Economic Development review staff shall forward the final plat application, or final binding site plan application, to the Director and recommend approval of the final binding site plan to the Director if:
a. The application is complete;
b. The public facilities or other improvements are constructed in a satisfactory manner and approved by the City Engineer, or, in the alternative, a bond, or security, or a subdivision improvement agreement with securities has been provided, pursuant to Chapter 17.06 MTMC;
c. The application is consistent with applicable conditions of the preliminary approval decision.
2. The City Engineer and Community and Economic Development review staff shall forward a recommendation to deny if subsections (B)(1)(a) through (c) of this section are not met.
C. Action.
1. Final Plat. After receipt of the recommendation of the staff for approval on the final plat, the Director shall approve the final plat application. When the Director finds that the subdivision proposed for final plat approval conforms to all terms of preliminary plat approval and that said subdivision meets the requirements of this title, Chapter 58.17 RCW, other applicable City codes, state laws, and any local ordinances adopted under Chapter 58.17 RCW which were in effect at the time of preliminary plat approval, the Director shall suitably inscribe and execute the City’s approval on the face of the plat.
2. Final Binding Site Plan. After receipt of the recommendation of the staff on the final binding site plan, the Director shall consider the final binding site plan application and determine whether: (a) it meets all of the terms of preliminary binding site plan approval; and (b) all of the applicable requirements of this title, other City codes, state law and any local ordinances adopted under Chapter 58.17 RCW which were in effect at the time of preliminary binding site plan approval. If the application satisfies all of the criteria in this subsection, the Director shall suitably inscribe and execute the City’s approval on the face of the binding site plan.
D. Submittal and Filing Requirements. The subdivider shall furnish the City with one permanent reproducible hard copy of the final plat on mylar, black-line paper or vellum, including all recording data and covenants. Hard and electronic copies shall be supplied to the City within five days of the Director’s approval along with a deposit for recording fees. The City shall file the original approved final plat with the County Auditor within 30 working days after approval by the Director at the subdivider’s cost. One paper copy shall be filed with the County Assessor. (Ord. 2716 § 2, 2017).
17.07.070 Time limitation for final decision.
The final decision to approve or deny or return to the applicant for modification or correction a final plat shall be made by the Director within 30 days after the final plat application was determined complete. The Director’s final decision to approve or deny or return to the applicant for modification or correction a final binding site plan shall be made within 30 days after the final binding site plan application was determined complete. (Ord. 2716 § 2, 2017).
17.07.080 Effect of approval.
A. Any lots in a final plat or final binding site plan filed for record shall be a valid land use, notwithstanding any change in zoning laws for a period of 10 years from the date of filing if the final plat is within City limits, not subject to the requirements adopted under Chapter 90.58 RCW and the date of filing is on or before December 31, 2007.
B. Except as provided by subsection A of this section, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015.
C. Except as provided by subsection A of this section, 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 under RCW 58.17.150(1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the Director finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
D. 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 under RCW 58.17.150(1) and (3) for a period of 10 years after final plat approval if the final plat is within City limits, not subject to requirements adopted under Chapter 90.58 RCW, and the date of final plat approval is on or before December 31, 2007, unless the Director finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 2716 § 2, 2017).