Chapter 19.08 SUBDIVISION

Any land being divided into five or more lots within a period of five years shall, if any such lot is less than 20 acres in size, conform to the requirements of this chapter. (Ord. 1505 § 10, 2001; Ord. 951, 1984).

19.08.040 Preliminary plat procedures – Fees.

A. Data and supplementary materials required for the preliminary plat application shall be as follows:

1. A completed application form;

2. Ten copies of the plat map, 18 inches by 24 inches in size, plus an 11-inch by 17-inch reduction of the plat map, showing the following information:

a. Proposed lot boundary lines, with appropriate dimensions and bearings;

b. Topographic contours at one-foot intervals in the valley and west plateau and five-foot contours for escarpments;

c. Existing and proposed easements;

d. Existing structures with assigned addresses;

e. Ownership and consent statement/declaration. If different from the owner, the applicant must submit a statement from all owners of the property approving submittal of the application;

f. Vicinity map;

g. Existing zoning;

h. Assessor’s parcel number(s);

i. Certification of registered civil engineer or land surveyor;

j. Legal description of the original parcel;

k. Map scale and north arrow;

l. Recorded names of subdivision(s) adjacent to the site;

m. Purpose for which sites or tracts, other than residential lots, are reserved or dedicated;

n. Minimum building setback line, indicated by a dashed line, from all proposed lot boundaries;

3. Conceptual utilities plan on one or more sheets, showing the location and size of existing and proposed utilities, including stormwater facilities, and easements;

4. Completed and signed environmental checklist;

5. Title report or plat certificate;

6. Stamped envelopes with the names and addresses of owners as shown on the records of the division of records of King County or the Pierce County assessor for all properties within 300 feet from the boundaries of property (not including adjacent street rights-of-way) under the applicant’s contiguous ownership, and a copy of the property listing; and

7. Fees as established by resolution.

B. The city may require submittal of additional data, on a case-by-case basis, in accordance with site-specific conditions. Examples of such data may include, but are not limited to:

1. Wetland or other sensitive area report, prepared by a specialist qualified as provided under the city’s critical areas management regulations; and

2. Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision and typical cross-sections of the proposed grading, roadway and sidewalk.

C. Preliminary plats are quasi-judicial actions. See PMC 16.10.060. (Ord. 1505 § 10, 2001; Ord. 1375 § 43, 1998; Ord. 1363 § 3, 1998; Ord. 1196 § 2, 1992; Ord. 1180 §§ 8, 9, 10, 11, 1992; Ord. 1173 § 7, 1992; Ord. 1124 §§ 1, 2, 1990; Ord. 951, 1984).

19.08.045 Criteria and requirements.

A. Criteria. The criteria by which preliminary plats are judged shall be as follows:

1. Whether the subdivision will be in the interest of public health, safety and welfare;

2. Whether appropriate provisions are made for, but not limited to, 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;

3. Whether appropriate provisions are made for sidewalks and other planning features that assure safe walking conditions for students who walk to or from school.

B. Dedication of Land. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or payment of impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. Following the city council’s decision, a notice of decision shall be issued to the applicant within 120 days after issuance of the notice of completeness. In determining the number of days that have elapsed, the city shall be guided by the procedures for land use permits in PMC Title 16.

C. Conformance to Plans. If a proposed street and/or lot pattern for any district in the city has been identified by the city council, the street layout of any new plan submitted shall be in general conformance to the pattern or plan. Otherwise, proposed streets in new subdivisions shall conform to the comprehensive plan, or to the existing pattern of roads in the city and the adopted six-year street plan.

D. Final Plat Submittal. The final plat application shall be submitted to the city within seven years after city council approval of the preliminary plat or the preliminary approval shall become void.

E. Dedication of New Right-of-Way. Where the comprehensive plan or the city’s adopted six-year street plan indicates the necessity of new right-of-way of a required width or a portion thereof for street purposes whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right-of-way or portion thereof shall be dedicated to the city by the filing of a plat.

F. Cemetery Area. The area of a proposed cemetery in one unit shall be not more than 80 acres, which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or platted streets, the areas on opposite sides of the streets shall form and be considered separate units.

G. Restrictive Covenants May Be Shown on Plats. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat.

H. Conformance to Zoning, Land Use and Environmental Regulations. No final plat within the force and effect of existing zoning, land use and environmental regulations shall be approved unless it conforms to such regulations. Whenever there is a discrepancy between minimum standards of dimension noted in this chapter and those contained in zoning regulations, building codes or other official regulations, the highest standard shall apply.

I. Notice to Secretary of Transportation. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the Washington State Secretary of Transportation. The Secretary shall respond to the city within 15 days of such notice as to the effect the proposed subdivision will have on the state highway or airport.

J. Tree Planting. The planting of all street trees shall conform with a street tree plan formulated by the director in accordance with the guidelines under Chapter 20.70 PMC.

K. Required Improvements. The city engineer shall prepare minimum development standards for infrastructure improvements in regard to materials, design and construction. These standards shall be appropriate to the locality, topography, soil conditions and geology of the area in which the proposed subdivision is to be developed and improved and shall be basic requirements to be met by all developers. These standards shall be made available to all applicants/developers, or their surveyors and engineers, at the preapplication meeting. The minimum development standards shall be the city’s public work standards as adopted by the city council.

L. Modification for Planned Unit Development. The standards and requirements of this title may be modified by the city council in the case of a planned residential development, in accordance with Chapter 20.69 PMC. (Ord. 2056 § 3, 2022; Ord. 1783 § 2, 2010¹; Ord. 1505 § 10, 2001; Ord. 1363 § 4, 1998; Ord. 1124 § 3, 1991).

19.08.046 Revisions to an approved preliminary plat.

An application for a revision to an approved preliminary plat may be submitted before a final plat application is submitted, as follows:

A. Minor Revisions to an Approved Preliminary Plat. The director is authorized to make the determination on a minor revision to an approved preliminary plat without a public hearing.

1. Defined. Minor revisions to an approved preliminary plat are those which do not change: (a) the plat boundaries; (b) the conditions of preliminary plat approval; (c) road alignments or connections and/or do not increase the number of lots by more than five percent or five lots, whichever is less; (d) a SEPA EIS is not required.

2. Application. A complete application for a preliminary plat revision shall consist of the following:

a. Application form and filing fee;

b. Site plan showing the proposed modification, using the same plan format as in the original approval;

c. Explanation in narrative form of the requested modification.

3. Processing. The following steps shall be followed in the processing of an application for a minor revision:

a. PMC 16.20.040 (determination of complete application);

b. PMC 16.30.010 (notice of application);

c. Chapter 16.70 PMC (SEPA (unless exempt under WAC 197-11-800));

d. PMC 16.40.020 and 19.08.045 (determination of consistency);

e. PMC 16.50.100 (notice of decision); and

f. PMC 16.60.010 (administrative appeal (if any)).

4. Criteria for Approval. The director shall approve, approve with conditions or deny a proposed minor preliminary subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied:

a. The proposed revision meets the criteria in PMC 19.08.045;

b. The revision will not be inconsistent with or cause the subdivision to be inconsistent with the findings, conclusions or decision made by the city in its approval of the preliminary plat.

5. Time Limitation for Final Decision. The minor revision to a preliminary plat application shall be approved, approved with conditions or denied within 90 days after a complete application is submitted, unless the applicant consents to an extension in writing of such time period.

6. Deadline for Submission of Final Plat Not Extended. Approval of a minor preliminary subdivision revision shall not extend the deadline set forth in PMC 19.08.048 for submission of a final plat application to the city.

B. Major Preliminary Plat Revisions.

1. Defined. A major preliminary plat revision is any application for a revision of a preliminary plat that does not meet the definition of a minor preliminary plat revision in subsection A of this section.

2. Application. An application for a major preliminary plat revision shall include all of the elements of a complete preliminary plat application. (Ord. 1911 § 1, 2015).

19.08.047 Alteration of subdivision.

The process for altering subdivisions shall be the same as the process of approving a new subdivision except that:

A. The application shall contain the signatures of the majority of those persons having an ownership interest of lots or parcels that will be affected by the alteration.

B. If the alteration would nullify or alter a covenant, the application shall contain an agreement to so nullify or alter the covenant, signed by all parties subject to the covenant.

C. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided among the remaining or resulting lots or parcels.

D. The preliminary and final plat procedures shall be amalgamated in a single alteration procedure. (Ord. 1505 § 10, 2001).

19.08.048 Expiration of preliminary plat approval.

A. An approved preliminary plat shall expire if the final plat is not recorded as provided below:

1. The preliminary plat shall expire after five years if the date the preliminary plat was approved was on or after January 1, 2015.

2. The preliminary plat shall expire after seven years if the date the preliminary plat was approved was on or before December 31, 2014.

3. The preliminary plat shall expire after 10 years if the date the preliminary plat was approved was on or before December 31, 2007.

B. A complete “final plat” application as provided for under PMC 19.08.100 shall be submitted to the city prior to the expiration dates cited under subsection A of this section. (Ord. 1911 § 2, 2015).

19.08.049 Utility/site development plan review – Fees and deposit.

Repealed by Ord. 1505. (Ord. 1375 § 66, 1998).

19.08.050 Minimum improvements following approval of preliminary plat.

If the proposed plat is approved by the city council, the developer, before requesting final approval, shall elect, by a written statement, to carry out minimum improvements in accordance with the provisions of Chapters 19.16, 19.20 and 24.08 PMC by any of the following methods:

A. By furnishing, at the election of the city, a plat or subdivision bond, letter of credit, or account set-aside, in a form approved by the city and in which assurance is given to the city the minimum improvements will be carried out as provided in Chapters 19.16, 19.20 and 24.08 PMC, and in accordance with the installation requirements. The amount of the performance assurance shall be 150 percent of the improvement cost and shall be for a period not to exceed two years;

B. By installing the minimum improvements in accordance with the provisions of Chapters 19.16, 19.20 and 24.08 PMC and city standards and specifications, under the supervision of the director;

C. By furnishing the city with a copy of the contract signed by a contractor and the developer of the proposed subdivision, under which the contractor has agreed to install the minimum improvements in accordance with the provisions of Chapters 19.16, 19.20 and 24.08 PMC and city standards and specifications. The developer shall furnish the city with a copy of the executed performance bond for installation of the minimum improvements, under which assurance is given that the contractor will install the minimum improvements in accordance with the provisions of Chapters 19.16, 19.20 and 24.08 PMC and city standards and specifications. The amount of the performance bond shall be 150 percent of the improvement cost and shall be for a period not to exceed two years; and

D. By a combination of these methods. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such bond. In case of any suit or action to enforce any provisions of this chapter, the developer shall pay unto the city all costs incidental to such litigation including reasonable attorneys’ fees. (Ord. 1816 § 1, 2012; Ord. 1505 § 10, 2001; Ord. 1363 § 7, 1998; Ord. 951, 1984).

19.08.060 Method of assuring performance.

After the director has approved the final improvement plans for the approved preliminary plat, subdivision, or dedication, the developer shall advise the director of the method of assuring performance. (Ord. 1505 § 10, 2001; Ord. 951, 1984).

19.08.070 Permit applications.

The developer may then make application for such permits from the local officers, officials, and authorities as are necessary to proceed with the installation of the improvements. (Ord. 951, 1984).

19.08.080 Inspection, approval and fees.

The director shall be responsible for the inspection and acceptance of all subdivision improvements. There shall be a fee for inspection and approval of all subdivision improvements as established by city resolution. (Ord. 1505 § 10, 2001; Ord. 1375 § 44, 1998; Ord. 1363 § 8, 1998; Ord. 951, 1984).

19.08.085 Consultant services – Fee and deposit.

Repealed by Ord. 1505. (Ord. 1375 § 45, 1998; Ord. 1173 § 8, 1992; Ord. 1129 § 3, 1991).

19.08.090 Completion of improvements – Letters of approval.

After satisfactory completion of all improvements or guarantee of completion of all improvements pursuant to PMC 19.08.050, the director shall verify that the developer has satisfactorily completed the required installation in accordance with the provisions of Chapters 19.16, 19.20 and 24.08 PMC, and in accordance with city public works standards and specifications. The director shall transmit one copy of such letter to the developer, together with a notice advising the developer to prepare a final plat for that portion of the area contained in the proposed subdivision in which minimum improvements have been installed or are guaranteed to be installed and covered by the letter of approval issued by the director. (Ord. 2056 § 4, 2022; Ord. 1816 § 1, 2012; Ord. 1505 § 10, 2001; Ord. 1363 § 9, 1998; Ord. 1180 § 12, 1992; Ord. 951, 1984).

19.08.100 Final plat application.

A. Application.

1. Application for final plat shall be filed with the director on forms prescribed by the city.

2. Ten copies of the final plat plus the original shall be submitted; said plat shall be prepared by a land surveyor registered in accordance with the requirements of Chapter 18.43 RCW, and shall conform to the preliminary plat.

B. Final Plat Requirements.

1. The final plat shall be drawn to a scale of not less than one inch representing 100 feet unless otherwise approved by the director on sheets 18 inches by 24 inches. If more than one sheet is required each sheet shall be of the above specified size. When two or more sheets are required, an index sheet shall be required showing the entire subdivision, with street and highway names and block numbers. The index sheet may be of a scale smaller than one inch representing 100 feet. The original drawing shall be in black ink on stabilized mylar with a two-inch left side border and half-inch border on the other three sides, and shall contain the following information:

a. Date, title, name and location of subdivision, graphic scale, north point, and datum of north point. The datum of north point shall be an acceptable datum as prescribed by the city engineer;

b. The lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations;

c. Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary lines and block line;

d. All dimensions to the nearest one hundredth of a foot and angles and bearings in degrees, minutes, and seconds;

e. Lambert coordinates, if provided by the public works department, for permanent control monuments shall be shown on the final plat as determined by the city engineer’s office;

f. All interior permanent control monuments shall be located as determined by the director and shall be clearly shown on the final plat;

g. All interior monuments shall be installed prior to the release of any bond;

h. The final plat shall be mathematically correct;

i. The final plat shall be accompanied by an approved printed computer plot closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries;

j. A legal description of the land to be subdivided shall be shown on both the title report and final mylar;

k. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey may be required to be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and the actual traverse showing error of closure and method of balancing. The error of closure of any and all traverses shall not exceed one foot in 10,000 feet. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data.

2. Final Plat Certificates. In addition to other requirements as specified herein, the final plat shall contain or be accompanied by the following:

a. Certification showing that streets, rights-of-way and all sites for public use have been dedicated;

b. Certification by a licensed land surveyor that a survey has been made and that monuments and stakes will be set;

c. Certification by the agencies responsible for sewage disposal and water service that the methods of sewage disposal and water service are adequate;

d. Certification by the city engineer that the developer has complied with either of the following alternatives:

i. All improvements have been installed in accordance with the requirements of these regulations, or

ii. Certain improvements have been deferred according to PMC 19.08.050;

e. The developer shall furnish the city a plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. The certificate shall be dated within 45 days prior to the granting of the final plat by the city council;

f. Certification by the county finance department that taxes have been paid in accordance with Section 1, Chapter No. 188, Laws of 1927 (RCW 58.08.030 and 58.08.040) and that a deposit has been made with the county finance department in sufficient amount to pay the taxes for the following year;

g. Certification by the finance director that there are no delinquent special assessments and that all special assessments certified to the finance director for collection on any property herein contained dedicated for streets, alleys or other public uses are paid in full;

h. Certification of approval to be signed by the city engineer;

i. Certification of approval to be signed by the director;

j. Copies of any restrictive covenants as may be used in the subdivision.

3. Whenever a survey of a proposed subdivision reveals a discrepancy, the discrepancy shall be resolved before the filing of the final plat. As used in this subsection, “discrepancy” means: a boundary hiatus; an overlapping boundary; or a physical appurtenance, which indicates encroachment, lines of possession or conflict of title. (Ord. 1604 § 1, 2005; Ord. 1505 § 10, 2001; Ord. 1180 § 13, 1992; Ord. 1124 § 6, 1991; Ord. 951, 1984).

19.08.110 Final plat procedure.

Final plats are Type I permits. See PMC 16.10.060. If desired by the developer, the final plat may constitute only that portion of the preliminary plat which is proposed to be recorded and developed at the time. (Ord. 1505 § 10, 2001; Ord. 1363 § 10, 1998; Ord. 951, 1984).

19.08.120 Criteria.

A. When the city finds that the final plat conforms to all terms of the preliminary plat approval, and that the subdivision meets the requirements of this chapter, applicable state laws, and any ordinances adopted under this chapter at the time of preliminary plat vesting, the city council shall approve the final plat, where after the developer shall obtain the required signatures on the final plat map, and record the plat in accordance with RCW 58.17.160.

B. A subdivision shall be governed by the terms and conditions of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval, for a period of seven years after final plat approval unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1783 § 3, 2010²; Ord. 1505 § 10, 2001; Ord. 1363 § 11, 1998; Ord. 951, 1984).

19.08.130 Extension of the final plat approval date.

Repealed by Ord. 1363. (Ord. 951, 1984).

19.08.140 Expiration.

If a final plat has not been recorded within six months after approval by the city council, the map shall expire and be null and void. One extension to the six-month period may be granted by the city council if the appropriate fee is paid and if the applicant’s reasons for granting the extension satisfy the council. To revitalize the expired map, the map shall be resubmitted as a preliminary map. (Ord. 1505 § 10, 2001; Ord. 951, 1984).

19.08.150 Appeals.

Appeals shall be filed within 21 days of the issuance of the decision being appealed in accordance with Chapter 36.70C RCW. (Ord. 1363 § 12, 1998).

Code reviser’s note: Section 4 of Ordinance No. 1783 provides, “This suspension of the PMC provided for by this Ordinance shall expire December 31, 2014.”