Chapter 19.02
GENERAL PROVISIONS
Sections:
19.02.040 Statutory provision.
19.02.050 Provisions inapplicable.
19.02.060 Administrative responsibilities.
19.02.080 Modifications or variations.
19.02.100 Application requirements.
19.02.120 Public meetings and hearings.
19.02.130 Development permit prohibition.
19.02.010 Short title.
This title shall be known and may be cited as the “subdivision ordinance of the city of Puyallup”. (Ord. 2591 § 2, 1999).
19.02.020 Intent.
The intent of this title is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the city of Puyallup; to further the goals and development policies of the city’s general comprehensive plan; to prevent significant impacts on the quality of the environment; to provide a consistent land use policy that prevents needless, undesirable and costly conflicts between public and private activities; and to provide the maximum freedom and opportunity, consistent with sound and equitable land use planning and management standards, related to the division of land. (Ord. 2591 § 2, 1999).
19.02.030 Scope and purpose.
The provisions of this title and subsequent amendments shall govern the platting and subdivision of land, dedication, modification and vacation of plats or portions of the same, filing and recording of plats. These regulations are adopted for the following purposes:
(1) To protect and provide for the public health, safety and general welfare of the community;
(2) To guide the future growth and development of the community in accordance with the goals, objectives and policies of the comprehensive plan;
(3) To provide for adequate light, air and privacy, to secure safety from fire, flood and other dangers, and to prevent overcrowding of the land and undue congestion of population;
(4) To protect the character and the social and economic stability of all parts of the community and to encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development, promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas, to protect environmentally critical areas and areas premature for urban development;
(5) To protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
(6) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewer, schools, parks, playgrounds, recreation, open space and other public requirements and facilities;
(7) To provide the most beneficial relationship between uses of land and buildings and the circulation of traffic throughout the community, with particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to various uses of land and buildings, and to provide for the proper location and width of streets and building lines;
(8) To establish reasonable standards of design and procedures for subdivision and resubdivision in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumentation of subdivided land;
(9) To ensure that public facilities and services are available concurrent with development and will have a sufficient capacity to serve the proposed subdivision and that the community will be required to bear no more than its fair share of the cost of providing facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development;
(10) To prevent the pollution of air, streams, ponds and wetlands, to assure the adequacy of drainage facilities, to safeguard the water table, and to encourage the wise use and management of natural resources throughout the community in order to preserve the integrity, stability, and beauty of the community and value of the land;
(11) To preserve the natural beauty and topography of the community and to ensure appropriate development with regard to these natural features;
(12) To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the city’s comprehensive plan and zoning ordinance;
(13) To ensure that land is subdivided only when subdivision is necessary to provide for uses of land for which market demand exists and which are in the public interest; and
(14) To remedy the problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision. (Ord. 2591 § 2, 1999).
19.02.040 Statutory provision.
The provisions of this title are adopted pursuant to the state of Washington laws, Chapter 58.17 RCW, as amended, relating to the platting, subdivision and dedication of land. The regulations contained herein shall apply to all subdivisions of land wholly or partially within the city of Puyallup. (Ord. 2591 § 2, 1999).
19.02.050 Provisions inapplicable.
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plats while used for that purpose;
(2) Division of land into lots or tracts, each of which is one-one hundred twenty-eighth of a section of land or five acres or larger; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road, or street, and the side lot lines of the lot running perpendicular to such centerline;
(3) Divisions made by testamentary provisions, or the laws of descent;
(4) Boundary line adjustments of parcels not in a plat or short plat, except as regulated under Chapter 19.05 PMC, where access is not affected and where no new lot is created thereby, or where no lot is reduced in size below the minimum square footage required by the applicable zoning control;
(5) Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;
(6) Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans. (Ord. 2591 § 2, 1999).
19.02.060 Administrative responsibilities.
The responsibilities for amendment, administration and enforcement of the provision contained in this title, pursuant to the laws of the state of Washington, are assigned as follow:
(1) The hearing examiner is designated as the official agency of the city for the conduct of public hearings and other matters as specified in PMC 2.54.070;
(2) The community development director shall be responsible for the general administration, coordination and enforcement of this title. The director may adopt administrative policies and procedures addressing interpretation or implementation of the provisions contained in this title;
(3) The binding site plan committee shall be responsible for conducting public meetings and approval of binding site plans as specified in Chapter 19.12 PMC;
(4) The planning commission, as established by Chapter 2.28 PMC, shall be responsible for hearing and making recommendations to the city council for amendments to this title; and
(5) The city council shall be responsible for hearing and adopting amendments to this title, and any other matter under this title requiring final action by the council. (Ord. 2591 § 2, 1999).
19.02.070 Interpretation.
Except as provided for in this title, the community development director or designee shall have the authority for interpreting the meaning, words, phrases and sentences set forth in this title and the determination of how specific situations are regulated by this title. Whenever, in the course of administration and enforcement of this title, it is necessary or desirable to make any administrative decision, then, unless other standards are in this title provided, the decision shall be made so that the result will not be contrary to the spirit and purpose of this title, or injurious to the surrounding neighborhood. Whenever regulations imposed by this title are either more or less restrictive than regulations imposed by any governmental authority through legislation, rule or regulation, the regulations, which are more restrictive shall apply. Regardless of any other provision of this title, no land shall be divided in violation of any city, state or federal law or regulation. Appeals of an administrative interpretation shall be processed in accordance with the provisions of Chapter 20.87 PMC. (Ord. 2591 § 2, 1999).
19.02.080 Modifications or variations.
Whenever, in the opinion of the hearing examiner, the land involved in a subdivision is of such size or shape, or is subject to such title limitations or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the subdivider to conform fully to the regulations herein, the hearing examiner may recommend such modification thereof as, in his/her opinion, is reasonably necessary or expedient; provided, that in the case of such modification, the hearing examiner shall first find that a special, individual reason makes the strict letter of this title impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of this title; provided further, that every subdivision shall comply with the provision of the state of Washington laws, Chapter 58.17 RCW; provided further, that modifications or variations shall be considered in three classifications: variation in lot size, variation in a required improvement, or waiver of a required improvement. (Ord. 2591 § 2, 1999).
19.02.090 Amendments.
Amendments to this title shall be considered by the planning commission and approved by the city council in accordance with the provisions of Chapter 20.91 PMC. (Ord. 2591 § 2, 1999).
19.02.100 Application requirements.
A complete application shall be submitted for any platting, subdivision of land, dedication, modification, and vacation of plats or portions thereof regulated under this title. The complete application shall contain the minimum submittal requirements noted in Table 19.02.100 for the corresponding type of application as clarified below, and any supportive material deemed necessary for a full and fair review by the responsible reviewing bodies:
(1) Completed Application Form. Application shall be made on forms provided by the development services department, and completed by the applicant or authorized agent;
(2) Complete Survey of the Plat. A complete survey is required to be compiled on an 18-inch by 24-inch mylar sheet containing the following information:
(a) The names and addresses of the owners of said tract;
(b) The legal description of the original tract proposed for subdivision;
(c) County assessor parcel numbers for all affected tracts;
(d) North arrow, scale and date of the drawing. The scale shall be one inch equals 50 feet for sites two acres in size or less, and one inch equals 100 feet for sites greater than two acres in size;
(e) Vicinity map, containing the outline of the affected tract(s), the nearest public streets to the north, south, east and west, and the quarter/quarter section in which the site is located;
(f) Boundary lines of the tract(s) to be subdivided, and corresponding bearings and dimensions;
(g) Existing and proposed lot lines. The existing lot lines shall be shown using a heavy dashed line, and the proposed lot lines shown using a heavy solid line;
(h) Square footage of all proposed lots and tracts;
(i) Location, material and size of all monuments. Monuments shall meet the specifications of the public works director or designee;
(j) Registered land surveyor certification that the drawing is a true and correct representation of the land surveyed, and that all monumentation location, size and materials are correctly shown;
(k) Lot size and numbering. The square feet in each lot shall be shown, and all lots shall be numbered consecutively from one to the total number of lots. All tracts shall be assigned a consecutive letter designation beginning with the letter A;
(l) Accurate location and dimensions of all existing structures, septic systems and utility services, and the distance between structures, improvements and utilities to the adjoining proposed lot lines;
(m) Topography showing existing and proposed contours at five-foot contour intervals except for any portion of the site containing slopes of 15 percent or greater which shall be shown at two-foot contour intervals. The contour intervals shall extend at least 100 feet beyond the boundaries of the site;
(n) The layout, names, location, purpose, width and other dimensions of proposed streets, alleys, easements, parks and other open space, property reservations, lot lines, yard requirements and utilities;
(o) Boundaries and associated buffers, development envelopes, or other information for any critical areas as defined or required by Chapter 21.06 PMC;
(p) Notarized acknowledgments and signatures of the property owner(s);
(3) Plat Certificate. A plat certificate confirming ownership and any easements or other encumbrances of record affecting the subject parcel. The plat certificate shall have been prepared within two weeks of the date of application;
(4) SEPA Checklist. A completed SEPA checklist shall be prepared on forms provided by the community development department when determined to be required by the community development director or designee pursuant to state or local statutes;
(5) Other Information. Additional information may be determined to be needed due to site conditions, setting or the proposed improvements, in order for the city to review and approve the proposed development. Other required information may include but not be limited to critical area assessments, flood hazard assessments, traffic impact assessments, preliminary engineering designs, etc.
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Application Type |
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|---|---|---|---|---|---|---|
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Submittal Requirements |
Boundary Line Revision |
Lot Consolidation |
Major Plat – Preliminary |
Major Plat – Final |
Binding Site Plan –Preliminary |
Binding Site Plan –Final |
|
Completed Application Form – PMC 19.02.100(1) |
X |
X |
X |
X |
X |
X |
|
|
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Complete Survey of the Plat (18" by 24"), showing the following: |
X |
|
X |
X |
X |
X |
|
Name and address of owners – PMC 19.02.100(2)(a) |
X |
X |
X |
X |
X |
X |
|
Legal description – existing and proposed – PMC 19.02.100(2)(b) |
X |
X |
|
|
|
|
|
Assessor’s parcel numbers for all affected lots – PMC 19.02.100(2)(c) |
X |
X |
X |
X |
X |
X |
|
North arrow, scale and date – PMC 19.02.100(2)(d) |
X |
X |
X |
X |
X |
X |
|
Boundary lines of tracts to be subdivided and their dimensions, bearings and square footage – PMC 19.02.100(2)(f), (g), (h) |
X |
X |
X |
X |
X |
X |
|
Layout, names and width of proposed streets, alleys and easements – PMC 19.02.100(2)(o) |
|
|
X |
X |
X |
X |
|
Accurate location of existing structures, wells and septic systems – PMC 19.02.100(2)(l) |
X |
|
X |
X |
X |
X |
|
Topography, slopes in excess of 15 percent – 2 contours – PMC 19.02.100(2)(m) |
X |
|
X |
X |
X |
X |
|
Accurate location, material and size of all monuments – PMC 19.02.100(2)(i) |
X |
|
X |
X |
X |
X |
|
Certificate of a registered land surveyor – PMC 19.02.100(2)(j) |
X |
|
X |
X |
X |
X |
|
Vicinity map – PMC 19.02.100(2)(e) |
|
|
X |
X |
X |
X |
|
|
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Plat Certificate, within two weeks – PMC 19.02.100(3) |
X |
|
X |
X |
X |
X |
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|
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SEPA Checklist, when required – PMC 19.02.100(4) |
|
|
X |
|
X |
|
|
|
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Other Information, as required – PMC 19.02.100(5) |
X |
X |
X |
X |
X |
X |
|
|
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Filing Fees – PMC 19.02.110 |
X |
X |
X |
X |
X |
X |
(Ord. 3119 § 4, 2016; Ord. 2954 § 6, 2010; Ord. 2748 § 1, 2003; Ord. 2678 §§ 1, 2, 2001; Ord. 2614 § 1, 1999; Ord. 2591 § 2, 1999).
19.02.110 Filing fees.
Fees shall be paid to the city upon the filing of applications and appeals in accordance with the city council to cover the costs of processing such application or appeal. (Ord. 2591 § 2, 1999).
19.02.120 Public meetings and hearings.
When required by this title, public meetings and hearings shall be noticed and conducted in accordance with the following provisions:
(1) The community development director or designee shall be responsible for setting public meeting and hearing dates, and providing the public with notice thereof as specified in PMC 20.12.005;
(2) Notice of all public meetings and hearings is required, and shall be issued in accordance with the provisions set forth in PMC 20.12.010. Required minimum public noticing distances shall be as follows:
(a) Binding site plans: 300 feet;
(b) Major plats: 300 feet;
(c) Major revisions to binding site plans and major plats: 300 feet;
(3) In addition to notifying owners of all property within the distance specified above, notice shall also be issued to:
(a) Other cities and towns within one mile of the project boundaries;
(b) Washington Department of Transportation, for binding site plans and plats located adjacent to right-of-way for state highways or within two miles of a state or municipal airport;
(c) Puyallup Indian Tribe for properties located within or adjacent to the “1873 Survey Area” for the Puyallup Indian Reservation; and
(d) Washington Department of Ecology for any property located within a flood control zone as provided in Chapter 86.16 RCW;
(4) All public meeting and public hearings required to be performed by the hearing examiner shall be conducted in accordance with the provisions of Chapter 20.12 PMC;
(5) All public meetings required to be performed by the binding site plan committee shall be conducted in accordance with the provisions of Chapter 19.12 PMC. (Ord. 2591 § 2, 1999).
19.02.130 Development permit prohibition.
No building permit, septic tank permit or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title or any part thereof, unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. All purchasers’ or transferees’ property shall comply with provisions of this title and each purchaser or transferee may recover his damages from any person, firm, corporation, or agent selling or transferring land in violation of this title, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this title as well as cost of investigation, suit, and reasonable attorneys’ fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby. (Ord. 2591 § 2, 1999).
19.02.140 Injunctive remedy.
Whenever any parcel of land is divided in violation of this title or any person, firm or corporation and any agent of any of them sells or transfers any such lot, tract, or parcel without having subdivision approval or when land within a subdivision granted final approval is used in a manner, or for a purpose which violates any provision of this title and the laws of the state of Washington, the city attorney shall commence action as set forth in the provisions of Chapter 58.17 RCW. All violations and penalties shall be governed through the provisions of said state of Washington laws, Chapter 58.17 RCW. (Ord. 2591 § 2, 1999).
19.02.150 Enforcement.
Any person, firm, corporation, or association or any agent of a person, firm, corporation, or association who violates any provision of this title or any permit or written order or decision issued pursuant to this title shall be subject to a Class I civil infraction citation as defined in Chapter 1.02 PMC. (Ord. 2591 § 2, 1999).
19.02.160 Severability.
If any part, sentence, paragraph, subsection, section or clause of this title is adjudged unconstitutional or held invalid, the remainder of the title or the application of the provisions to other persons, property, structures or circumstances shall not be affected. Whenever any condition or limitation is included in an order authorizing a planned development or any site plan approval, it shall be conclusively presumed that the authorizing officer or body consider such condition or limitation necessary to carry out the spirit and purpose of this title or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or body would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. (Ord. 2591 § 2, 1999).