Chapter 16.10
SUBDIVISIONS
Sections:
16.10.020 Preliminary subdivision application.
16.10.030 Environmental assessment and impact statements.
16.10.040 Hearing examiner hearing.
16.10.050 Hearing examiner decision.
16.10.080 Time limits on action.
16.10.090 Notification of action.
16.10.100 Duration of approval.
16.10.120 Submission and approval of final plat.
16.10.010 Applicability.
Every division of contiguous land into any number of lots for the purpose of sale, lease or transfer shall proceed in compliance with this chapter, unless the applicant is authorized and elects to proceed under Chapter 16.08 SMC. (Ord. 1215 § 8, 2019; Ord. 669 § 2, 1991).
16.10.020 Preliminary subdivision application.
A. Preliminary subdivision approval consists of conceptual approval and establishment of the conditions of final subdivision and final plat approval by the hearing examiner.
B. The applicant shall submit a completed preliminary subdivision application on a form prescribed by the planning official, together with an environmental checklist. The application shall include the following information:
1. A site plan certified by a licensed land surveyor pursuant to Chapter 58.09 RCW which includes one or more drawings at a scale of not less than one inch equaling 100 feet or to a scale prescribed by the planning official showing the following:
a. The proposed name of the plat;
b. A vicinity map showing the location of the site and its relationship to surrounding areas, including current land use, and zoning of both the site and surrounding areas;
c. The scale of the plat, date and north arrow;
d. The existing site conditions, including contours at intervals of between two and five feet, water bodies, the limits of all critical areas, as defined in Chapter 19.12 SMC, including streams, wetlands, steep slopes and seismic hazard areas, unique natural features, and forest cover;
e. Location by section, township, range, and/or other legal description;
f. Approximate lot dimensions and lot numbers;
g. Depiction of proposed phases, if any;
h. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public or semipublic uses;
i. The existing and proposed circulation system of roads and alleys, including general location of off-street parking areas, and points of access to public rights-of-way;
j. Notations of proposed ownership, private or public, where appropriate;
k. Road right-of-way widths and typical cross section of such;
l. The location of existing and proposed pedestrian circulation system, including bicycle lanes and trails;
m. The location of existing and proposed water, sewer, power, and drainage systems on, under, or over the property showing size and location;
n. The location of existing and proposed fire hydrants;
o. The location and extent of the 100-year floodplain, as it affects the property;
p. The general location of all existing structures to remain on the property after platting;
q. The location of all easements of record;
r. Encroachments, if any, disclosed by survey; and
s. Existing zoning, and proposed changes in zoning, if the applicant will be proposing a zone change concurrent with the subdivision application.
2. Information in a form as required by the planning official disclosing:
a. The name, address, and telephone number of each owner of the property being subdivided and of the official representative of the subdivision, if different;
b. A legal description of the subject property;
c. The names and addresses of adjacent property owners within 500 feet of the subdivision boundary or within 500 feet of the outside boundary of the applicant’s adjoining land, whichever is greater;
d. A description of the total acreage in the subdivision, number of lots proposed, lot sizes (maximum, average, and minimum), and the overall density for the proposed plat;
e. The number of lots per gross acre;
f. The acreage allocated to lots, roads and open space, and percent of the total acreage for each;
g. A description of source of water supply and proposed connection to sanitary sewer;
h. A description of anticipated phasing of the proposal, if any, and the anticipated project completion date;
i. A plat certificate issued within 30 days of the filing of the application from a title company authorized to do business within the state; and
j. The signature of the applicant or agent authorized to act on behalf of the applicant.
C. The preliminary subdivision application shall be accompanied by five copies of the preliminary plat map, together with other required materials; provided, the applicant shall provide such additional copies as the planning official may require for efficient administration of this title.
D. The application shall be scheduled for public hearing before the hearing examiner after reviews have been completed by appropriate city departments and other agencies. (Ord. 1215 § 9, 2019; Ord. 1131 § 3, 2014; Ord. 769 § 15, 1996; Ord. 669 § 2, 1991).
16.10.030 Environmental assessment and impact statements.
Each preliminary subdivision application submitted to the planning official shall be accompanied by an environmental checklist in accordance with Chapter 19.04 SMC. If it is determined that an environmental impact statement is required to be completed, time limitations for processing the application shall be tolled and no public hearing on the subdivision shall be held until the final environmental impact statement has been completed; provided, the public hearing on the subdivision may be combined with the hearing on draft environmental impact statement. (Ord. 669 § 2, 1991).
16.10.040 Hearing examiner hearing.
A. Upon receipt of a preliminary subdivision application and all required data, and after issuance of any required draft environmental impact statement, the planning official shall set a date for public hearing before the hearing examiner. Notice of the date, time, and place of the public hearing, and a description of the location of the proposed subdivision in the form of a vicinity sketch or a description in nonlegal language, and including a statement that the application and all supporting materials are available for public inspection at the planning department shall be given by mail not less than 10 days prior to the date of the hearing as follows:
1. To all of the owners of land within 500 feet of the exterior boundary of the proposed subdivision. If the applicant owns adjoining land, the distance of notification shall be measured from the outside of the applicant’s ownership. Names and addresses for such property owners shall be as shown on the latest records of the county assessor, and shall be supplied to the planning official by the applicant pursuant to SMC 16.04.090. Failure of any person to receive the notice shall not invalidate the hearing or decision;
2. To any town, city or county whose boundaries are adjacent to or within one mile of the proposed subdivision;
3. To the State Department of Transportation of every proposed subdivision located within 500 feet of the right-of-way of a state highway;
4. To the State Department of Ecology, if the land is situated in a floodplain; and
5. To any other federal, state or local agency as may be deemed relevant by the planning official.
B. Notice of such hearing shall also be given by publication at least once in a newspaper of general circulation within the city.
C. The planning official shall make a written staff report for the hearing examiner, summarizing all pertinent information and containing staff recommendations regarding all matters specified in SMC 16.10.050(A) and (B).
D. At the public hearing, the hearing examiner shall accept testimony from all interested persons or agencies regarding the proposed subdivision. An audio recording or stenographic record of the public hearing shall be kept by the hearing examiner or planning official and made available for public inspection. (Ord. 1215 § 10, 2019; Ord. 769 § 16, 1996; Ord. 669 § 2, 1991).
16.10.050 Hearing examiner decision.
A. The hearing examiner shall determine if appropriate provisions are made for the public health, safety and welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and sidewalks and safe walking conditions for students who walk to and from school, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. Such determinations shall be reduced to written findings.
B. If the hearing examiner finds that the proposal complies with the provisions of this title, and other applicable city codes, regulations, plans and policies, it shall approve the proposal with or without conditions. If it finds that the proposal does not comply with such provisions, the hearing examiner may deny the proposal, or approve the proposal subject to modifications necessary for the proposal to comply.
C. The hearing examiner shall issue a written decision, including findings and conclusions pursuant to subsections A and B of this section, within 14 days of the hearing. (Ord. 1215 § 11, 2019; Ord. 769 § 17, 1996; Ord. 669 § 2, 1991).
16.10.060 City council hearing.
Repealed by Ord. 1215. (Ord. 769 § 18, 1996; Ord. 669 § 2, 1991).
16.10.070 City council decision.
Repealed by Ord. 1215. (Ord. 769 § 19, 1996; Ord. 669 § 2, 1991).
16.10.080 Time limits on action.
When the planning official has received a complete application, the preliminary plat of any proposed subdivision and dedication shall be approved with or without conditions, disapproved or returned to the applicant for modification or correction within 90 days; provided, that if an environmental impact statement is required, or if a determination of nonsignificance or mitigated determination of nonsignificance is appealed, or the issuance of a shoreline substantial development permit is appealed, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement or the pendency of any appeal. (Ord. 669 § 2, 1991).
16.10.090 Notification of action.
Upon approval, disapproval, or modification of the preliminary plat by the hearing examiner, the planning official shall so notify the applicant by mail within 10 days of the action. The action of the hearing examiner shall be noted on two copies of the preliminary plat, including reference to any attached documents describing conditions imposed by the hearing examiner. The planning official shall return one copy to the applicant and retain one copy for the permanent file. (Ord. 1215 § 14, 2019; Ord. 669 § 2, 1991).
16.10.100 Duration of approval.
A. Approval of the preliminary plat shall be effective for five years from the date of approval by the hearing examiner, during which time a final plat must be prepared and submitted with a final subdivision application; provided, the terms and conditions upon which the preliminary approval was given will not be changed without the applicant’s consent.
B. An applicant who files a written request with the planning official at least 30 days before the expiration of this five-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period.
C. If a final plat has not been filed prior to the expiration of the one-year extension, an applicant may file a written request for, and the planning official may grant, up to two additional one-year extensions of the approval period; provided, that if the planning official determines that the preliminary plat does not continue to serve the public use and interest or comply with existing zoning or other applicable laws or plans, he or she shall schedule such extension request for a public hearing before the hearing examiner, upon notice as required in SMC 16.10.040.
D. Knowledge of this expiration date and initiation of a request for extension is the responsibility of the applicant. The city is not required to provide notification of expirations of preliminary plat approvals. (Ord. 1215 § 15, 2019; Ord. 669 § 2, 1991).
16.10.110 Alterations.
Once the preliminary subdivision and plat have been approved, they shall not be altered unless such alterations are approved by the planning official. Substantial alterations shall not be approved by the planning official and shall require resubmittal of the preliminary plat in compliance with the procedural regulations of this chapter. (Ord. 669 § 2, 1991).
16.10.120 Submission and approval of final plat.
A. A final plat, or phased portion thereof, shall be prepared by the applicant within five years after approval of the preliminary plat, or within any approved extension period in accordance with the requirements of this section, and submitted to the planning official with an application for final plat approval, together with accompanying data as required by the planning official, including but not limited to:
1. An updated plat certificate;
2. Computer-generated calculations showing closure of all created lots and tracts;
3. Evidence that all required sureties have been approved and are in effect; and
4. Evidence that any required covenants, conditions and restrictions applicable to the subdivision have been duly executed and recorded.
B. The application for final plat approval shall comply with all of the requirements of SMC 16.08.070(B) through (E) for approval of final short plats.
C. Upon receipt of the final plat and accompanying data specified in subsection A of this section, the planning official shall review the final map and documents to determine whether the plat conforms with the approved preliminary plat, that all required improvements have been completed or that arrangements or contracts have been entered into to guarantee that such required improvements will be completed, that the interests of the city are fully protected, and that the plat complies with provisions of this title and other applicable laws. City staff may enter the property to verify the information on the map.
D. The planning official shall affix his or her signature to the plat upon determination that the final plat meets the requirements of subsection C of this section.
E. After being approved by the planning official, the final plat shall be presented to the mayor. Upon confirming the planning official’s determination that the final plat has been submitted in accordance with the provisions of this title, and all other applicable laws, and that all required improvements have been completed or that arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that the interests of the city are fully protected, the mayor shall sign the final plat, accepting such dedications and easements as may be included thereon, and the final plat shall be returned to the applicant for filing.
F. Final plats shall be approved, disapproved or returned to the applicant within 30 days from the date of filing with the planning official, unless the applicant consents to an extension of such time period. (Ord. 1215 § 16, 2019; Ord. 669 § 2, 1991).
16.10.130 Recording.
The original of the final plat shall be filed for record with the county department of records and elections within 30 days of approval. The applicant shall furnish one reproducible copy of stable base material, bearing the county’s recording number, to the planning official. (Ord. 669 § 2, 1991).
16.10.140 Effect of approval.
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), sewage disposal and water supply requirements, and public works department requirements, for a period of five years after final plat approval, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety. (Ord. 669 § 2, 1991).