Chapter 19.08
MAJOR PLAT SUBDIVISION
Sections:
19.08.020 Preliminary consideration of application.
19.08.030 Qualifications governing approval.
19.08.040 Review and approval procedural steps.
19.08.050 Survey of subdivision and preparation of plat.
19.08.060 On-site identification posting.
19.08.080 Preliminary plat – Staff review.
19.08.090 Preliminary plat – Notice of application.
19.08.100 Preliminary plat – Approval period.
19.08.110 Preliminary plat – Notice of public hearing.
19.08.120 Preliminary plat – Hearing examiner review and approval.
19.08.130 Preliminary plat – Modification.
19.08.140 Preliminary plat – Expiration.
19.08.160 Minimum improvements.
19.08.010 Purpose.
The purpose of this chapter is to regulate the division of land into five or more lots, tracts, parcels, sites or subdivisions in accordance with the scope and purpose of this title set forth in PMC 19.02.030; establish regulations and procedures for review and approval of major subdivisions or revision thereof; and require filing of a major plat for record in the office of the county auditors. (Ord. 2591 § 2, 1999).
19.08.020 Preliminary consideration of application.
Any person considering the major plat of land is advised to discuss this matter with the appropriate city staff before plans are drawn. This shall be an informal review of the proposed plat where recommendations can be offered to the extent of advising the applicant of the criteria relative to conformance with the city’s comprehensive plan, and other matters such as site characteristics, proper arrangement of planned streets and roads, planned physical development and improvement of the city. The review should also consider adequate and convenient provisions for traffic, utilities, emergency access, open spaces, recreation, light and air, and improve the quality of life. (Ord. 2591 § 2, 1999).
19.08.030 Qualifications governing approval.
(1) The hearing examiner, before approval is given, shall inquire into the public use and interest proposed to be served by the establishment of a subdivision and dedication. The examiner shall determine if the design reflects existing site conditions and the city development standards, and if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and shall consider all other relevant facts and determine whether the public interest will be served by approval of the subdivision and corresponding dedications. If the examiner finds that the proposed plat is consistent with the city’s comprehensive plan and development standards, and makes appropriate provisions for the public health, safety, and general welfare as described above, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the examiner finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the examiner may disapprove the proposed plat. Dedication of land may be required as a condition of subdivision approval and shall be clearly shown on the final plat.
(2) A proposed subdivision site may be disapproved because of flood, inundation, or marshy conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
(3) No plat shall be approved 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. 2591 § 2, 1999).
19.08.040 Review and approval procedural steps.
The procedure for review and approval of major subdivision plats shall consist of three steps:
(1) The first step is the preparation and submission to the hearing examiner of a preliminary plat of the proposed subdivision.
(2) The second step is the installation of improvements pursuant to the approved preliminary plat.
(3) The third step is the preparation and submission to the city council of a final plat, together with the required certificates. The final plat is the instrument recorded in the office of the Pierce County auditor after being duly signed by the officials as set forth in this title. (Ord. 2591 § 2, 1999).
19.08.050 Survey of subdivision and preparation of plat.
Applications for major plats shall be submitted on forms provided by the city of Puyallup community development department. The completed application shall be submitted to the community development department, and shall include the information specified in PMC 19.02.100 and any other information as may be required by the Pierce County auditor as a condition of recording. (Ord. 2591 § 2, 1999).
19.08.060 On-site identification posting.
(1) Identification Marker Posting. The subdivider shall, for identification purposes only, cause markers of a type approved by the city to be placed upon each of the road frontage corners of the subject parcel and maintain them thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks of the proposed major plat.
(2) Posting of Other Data and Markers. Where other data or where identification markers are found necessary by any relevant agency to assist in making its determination, such data and markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies. (Ord. 2591 § 2, 1999).
19.08.070 Consent to access.
The subdivider shall permit free access to the land being subdivided to all agencies considering the major plat for the period of time extending from the time of application to the time of final action. (Ord. 2591 § 2, 1999).
19.08.080 Preliminary plat – Staff review.
Within 28 calendar days of filing a preliminary plat, the planning and community development director shall determine if the plat as filed, is in conformance with the provisions of this title, the city of Puyallup land use (zoning) code, and the city comprehensive general plan and is otherwise acceptable in form and substance. If so, the community development department shall determine that the application is complete and follow the procedures set forth in PMC 20.11.006. Copies of the preliminary plat shall be provided to the public works department, building inspection division and fire department and to other departments and agencies for their review and recommendations.
(1) The community development director, public works director and other department heads or their designees, within the scope of their municipal functions, shall make their respective recommendations regarding the proposed subdivision plat in report form to the community development department.
(2) The community development department shall transmit the application, the plat, and the respective recommendations of the city departments and other public agencies together with its recommendations and environmental impact statement to the hearing examiner for study prior to the hearing. (Ord. 2591 § 2, 1999).
19.08.090 Preliminary plat – Notice of application.
The community development director or designee shall give notice of the filing of a preliminary plat indicating the legal description, a small map showing location, subdivision acreage, number of homes or building lots, and the hour and location of the first hearing on the preliminary plat to the following:
(1) The Puyallup school district;
(2) The Washington State Department of Highways when a proposed subdivision is to be located adjacent to the right-of-way of a state highway;
(3) The Washington State Department of Ecology when the proposed subdivision lies within a designated flood control zone pursuant to Chapter 86.16 RCW;
(4) The public utility firms when the proposed subdivision proposes the use of any public utilities (e.g., power and light, natural gas, telephone, etc.). (Ord. 2591 § 2, 1999).
19.08.100 Preliminary plat – Approval period.
Preliminary plats shall be approved, disapproved or returned to the subdivider for modification within 90 days from the date the application is determined to be complete unless the subdivider consents to an extension of such time period; provided the preliminary plat is in proper form, including a final environmental impact statement, if one is necessary, or a negative declaration is prepared for the hearing examiner’s initial review. (Ord. 2591 § 2, 1999).
19.08.110 Preliminary plat – Notice of public hearing.
After having received the proposed subdivision plat and after completion of any required environmental review, the community development director or designee shall set a date for an open record public hearing before the hearing examiner and shall give notice by arranging publication of at least one notice not less than 10 calendar days prior to the hearing in the newspaper of general circulation in the city. Additional notices shall be mailed to the persons who own or are contract purchasers of land adjacent to and outside the proposed subdivision plat. All hearing notices shall include a legal description of the location of the proposed subdivision and either a vicinity location sketch or a location description in nonlegal language. All hearings shall be public pursuant to Chapter 42.32 RCW. (Ord. 2591 § 2, 1999).
19.08.120 Preliminary plat – Hearing examiner review and approval.
The hearing examiner shall review and either approve, approve with conditions, or deny all preliminary plats for subdivisions and dedications to assure conformance to the provisions of this title, the city comprehensive plan, and other planning standards and specifications as adopted by the city. Approval of a preliminary plat shall not be construed as approval of a final plat. (Ord. 2591 § 2, 1999).
19.08.130 Preliminary plat – Modification.
Any modifications must be approved by the city prior to implementation or installation of the modified improvement. Approval of requests for modification shall be as follow:
(1) Major modifications which result in a reduction of open space, increased disturbance of critical areas, an increase in the number of lots, changes in the plat boundaries or alteration of road alignments or connections shall only be allowed after public hearing, review and approval by the hearing examiner;
(2) Modifications determined to be minor in nature by the community development director or designee may be administratively approved by the city department(s) responsible for administering the corresponding requirements. (Ord. 2591 § 2, 1999).
19.08.140 Preliminary plat – Expiration.
For preliminary major plats approved on or after January 1, 2015, the approval of a preliminary plat shall lapse unless a final plat is submitted within five years from the date of such approval; provided, however, that upon application to the development services department at least 30 days prior to the expiration of the five-year period and upon satisfactory showing that a good faith effort, as evidenced by progress on final engineering and associated technical studies, submittal of civil plan drawings and/or permit issuance allowing the construction of civil improvements, has been made to submit the final plat within the five-year period, the development services director or designee shall grant the applicant an additional period of one year in which to submit the final plat for approval. The director may add conditions or requirements upon the granting of a one-year time extension which address public health, safety and welfare.
(1) No extension of time beyond six years from the date of final approval of the preliminary plat shall be granted unless the hearing examiner finds:
(a) There have been no substantial changes in the laws governing the development of the plat, with which lack of compliance would be contrary to the public health, safety and welfare, environmental protections, storm water treatment and control standards, or be substantially inconsistent with the goals, objectives or policies of the comprehensive plan. If the development was permitted under a previously adopted version of the state-mandated Department of Ecology storm water manual, or other city-mandated storm water controls/standards, no time extension will be granted; and
(b) A civil permit has been issued and substantial improvements have been installed, pursuant to completion of approved civil improvements; and
(c) That extraordinary circumstances have prevented the submittal of the final plat.
The hearing examiner may grant one additional year in which to submit the final plat for approval, for a total maximum of seven years, upon a finding of consistency with the above stated criteria. The hearing examiner may add conditions or requirements upon the granting of a one-year time extension which address public health, safety and welfare.
The following shall also apply to preliminary plat approvals under certain limited instances:
(2) Beginning on June 10, 2010, and ending on December 30, 2014, the five-year period specified in this section shall be extended to a period of seven years, consistent with RCW 58.17.140.
No extension of time beyond seven years from the date of final approval of the preliminary plat shall be granted unless the hearing examiner finds:
(a) There have been no substantial changes in the laws governing the development of the plat, with which lack of compliance would be contrary to public health, safety or welfare, environmental protections, storm water treatment and control standards, or be substantially inconsistent with the goals, objectives or policies of the comprehensive plan. If the development was permitted under a previously adopted version of the state-mandated Department of Ecology storm water manual, or other city-mandated storm water controls/standards, no time extension will be granted; and
(b) A civil permit has been issued and substantial improvements have been installed, pursuant to completion of approved civil improvements; and
(c) That extraordinary circumstances have prevented the submittal of the final plat.
The hearing examiner may grant one additional year in which to submit the final plat for approval, for a total maximum of eight years, upon a finding of consistency with the above stated criteria. The hearing examiner may add conditions or requirements upon the granting of a one-year time extension which address public health, safety and welfare.
(3) For preliminary plats approved on or before December 31, 2007, within the incorporated boundaries of the city limits at the time of preliminary plat approval and not subject to the Shoreline Management Act (Chapter 90.58 RCW) and local shoreline master program, the five-year period specified in this section shall be extended to a period of 10 years, consistent with RCW 58.17.140; and that during such time period, no extension of time beyond 10 years from the date of final approval of the preliminary plat shall be granted. (Ord. 3119 § 7, 2016; Ord. 3031 § 2, 2013; Ord. 2982 § 2, 2011; Ord. 2591 § 2, 1999).
19.08.150 Phased development.
After the preliminary plat approval has been given to a proposed subdivision, the subdivider may desire to develop the subdivision in stages, completing one division of his development before undertaking another. If the subdivider desires to develop the subdivision in stages, he shall submit a divisional preliminary plat for each successive stage as follows:
(1) The subdivider shall submit a request to the community development department, together with the divisional preliminary plat in the format as prescribed for the preliminary plat. The community development director or designee may waive the environmental checklist provided the divisional plat is submitted before the expiration period and there are no changes in environmental conditions, and that the divisional plat conforms to the approved preliminary plat of the total subdivision.
(2) As preliminary divisional plats for each stage are submitted, they will be checked for compliance with the approved preliminary plat for the subdivision, without taking into account any conflicting regulations which might have been enacted in the meantime, unless such regulation has set forth mandatory compliance to include the previously approved preliminary plat.
(3) If, in the opinion of the community development director and the public works director or their designees, the preliminary divisional plat for a given stage is in conformity with the approved plat for the total subdivision, they may approve the same subject to any installation of or extension of utilities, drainage of streets outside of the proposed preliminary divisional plat as they may deem necessary to assure the orderly and complete development of the previously approved preliminary plat or the development of any adjoining property or properties. (Ord. 2591 § 2, 1999).
19.08.160 Minimum improvements.
Upon preliminary plat approval, the subdivider may proceed with required improvements with the assurance that the final plat will be approved; provided, that the final plat conforms with the approved preliminary plat; provided further, the public works director or designee has reviewed and approved construction plans for the minimum improvements which have been designed in accordance with current city of Puyallup specifications for all required improvements as set forth in Chapter 19.10 PMC, and the minimum improvements are installed under the supervision of the public works director or designee. In lieu of the completion of the actual construction of any improvements prior to the approval of a final plat:
(1) The city council may accept an assignment of funds, in an amount and with surety and conditions satisfactory to it, providing for and securing to the city of Puyallup the actual construction and installation of such improvements (plus a 20 percent contingency) within a period of one year and expressed in the assignment; or
(2) The public works director or designee may require that certain minimum improvement be delayed in lieu of the completion of the actual construction (e.g., sidewalk installation, final lift of asphalt pavement on roads, etc.). In such cases, the applicant will be required to submit an assignment of funds to the city in an amount equal to the estimated cost (plus 20 percent contingency) of the delayed improvements, providing for and securing to the city of Puyallup the actual construction and installation of such improvements within a period of up to two years and expressed in the assignment; or
(3) Combination of those methods as stated above. (Ord. 2591 § 2, 1999).
19.08.170 Final plat.
(1) Preparation of Final Plat. The final plat shall conform to the preliminary plat as approved. A final plat may constitute a portion of an approved preliminary plat, which may be a divisional preliminary plat, reference PMC 19.08.070(11).
(2) Request for Final Plat Approval. After completion of all the improvements or the guarantee of the improvements as described in PMC 19.08.080, the subdivider may submit to the public works director or designee a request to review the final plat for final approval. The request shall include the following information:
(a) Final plat map prepared in accordance with PMC 19.08.100(3);
(b) Construction cost breakdown that will be used to determine surety requirements;
(3) Requirements for the Final Plat.
(a) The map of the final plat shall be drawn with India ink on the best grade of tracing cloth or mylar 18 inches by 24 inches in size, allowing one-half inch for border. If more than one sheet is required, each sheet including the index sheet shall be of the above-specified size. The index sheet must show the entire subdivision, with street and highway names and block numbers. The north point, scale and date shall be shown;
(b) All documents, maps and survey notes pertinent to the subdivision in which the plat is located shall be submitted to the city engineer and shall contain the name of the subdivision or be clearly referenced to it and the name and address of the subdivider and the surveyor or engineer;
(c) The boundary lines with accurate distances and bearings, location, and width of all existing previously recorded public highways approaching and intersecting the boundaries of the subdivision shall be shown on the map and referenced to the same system used to establish boundary lines and/or acceptable data prescribed by the city engineer;
(d) The necessary acknowledgments, dedications, descriptions, surveyor’s certificate and approvals for the mayor, public works director, Pierce County assessor, Pierce County treasurer and Pierce County auditor shall be on the plat. The general format of the final plat shall be approved by the public works director or designee. The final plat shall be certified by a registered land surveyor;
(e) The map shall accurately show the boundary lines of all parks and playgrounds and the rights-of-way of all public highways contained in the plat, subdivision or dedication, and shall contain thereon, suitably inscribed, and described, a statement of dedication of these rights-of-way, playgrounds, parks, and other necessary areas;
(f) The map shall show the length of all arcs and radii;
(g) The map shall show and indicate all turning angles, points of curvature, and length of tangents;
(h) The map shall show the location of all monuments in which their size, shape, and location are indicated;
(i) The error closure of any and all traverses shall not exceed one foot in 10,000 feet;
(j) The computer check of the boundaries, street centerlines, lots, blocks, and lot areas shall be submitted with the final plat as required by the public works director or designee; and
(k) A platting certificate shall be submitted with the final plat.
(4) Staff Review – Final Plat. The city of Puyallup public works department and community development department staff shall review the final plat to determine that the said plat meets all standards established by state law and this chapter. The final plat shall be reviewed for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the city council. If it is determined the requirements of this chapter have not been met, the final plat shall be returned to the applicant for modification, correction, or other action as required for approval. Upon determination of compliance, the community development director and public works director shall certify approval on the face of the plat. The final plat shall then be transmitted to the city council.
(5) Maintenance Bonds. The city shall require a bond or equivalent instrument of assurance to guarantee that the developer shall correct any defect in a subdivision caused by faulty design or construction. The bond shall be for a minimum of one year and a minimum of 10 percent of the construction cost of the subdivision or as determined by the public works director or designee. The public works director shall not sign the final plat document unless the required bond has been accepted by the city.
(6) Approval of Final Plat. Approval of the final plat shall be indicated by the signatures of the public works director, the community development director, the city treasurer, the city attorney, and the mayor and city clerk on the original tracing of the final plat. The approval of the final plat by the city council shall be deemed to constitute an acceptance by the public of the dedication of any street or other proposed public way or space, only after such final plat has been recorded by the county auditor of Pierce County. Approval of the final plat by the city council shall be null and void if the plat is not recorded within 90 days after the date of approval, unless application for an extension of time is made in writing during said 90-day period to the city council and granted. (Ord. 2614 § 1, 1999; Ord. 2591 § 2, 1999).