Chapter 17.16
FULL SUBDIVISIONS
Sections:
17.16.030 Application submittal.
17.16.040 Preliminary plat review process.
17.16.060 Preliminary plat approval.
17.16.070 Modifications to an approved preliminary plat.
17.16.080 Transfer of property following preliminary plat approval.
17.16.090 Improvement method report.
17.16.100 City engineer’s certificate of improvements.
17.16.110 Preliminary plat – Preparation.
17.16.120 Preliminary plat – Contents.
17.16.130 Preparation of a final plat.
17.16.140 Accompanying documents, final plat.
17.16.150 Final plat application.
17.16.160 Time limitation on final plat submittal.
17.16.170 Effect of an approved final plat.
17.16.180 Distribution of copies and filing of final plat.
17.16.190 Transfer of ownership following final plat approval.
17.16.200 Building and occupancy permit.
17.16.010 Purpose.
The procedures regulating full subdivisions are established to promote orderly and efficient division of land into five or more lots and to comply with the provisions of chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Sumner. (Ord. 1763 § 1 (part), 1996)
17.16.020 Scope.
Full subdivisions, as processed under this chapter, shall include all divisions of land into five or more lots, and may require, on the part of the subdivider, improvements so that any development will be in compliance with city of Sumner zoning and health codes, and any other codes or ordinances which may apply. (Ord. 1763 § 1 (part), 1996)
17.16.030 Application submittal.
A. Preliminary plats shall be considered for review upon payment of fees and according to the procedures established in chapter 18.56 SMC, and any supplemental procedures in this chapter.
B. To be considered complete, the application shall include the following:
1. A completed land use permit application form;
2. One sepia or photo velum reproducible copy and six paper copies of a preliminary plat meeting the standards of SMC 17.16.110 and 17.16.120;
3. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under the Tacoma-Pierce County board of health rules and regulations. The city engineer may require the tests be conducted under high ground water (winter) conditions. (Ord. 1763 § 1 (part), 1996)
17.16.040 Preliminary plat review process.
A. Preliminary plats shall be considered according to the procedures established in chapter 18.56 SMC and any supplemental procedures in this chapter.
B. Additional notice of a preliminary plat hearing shall be provided according to RCW 58.17.080.
C. The director shall solicit comments from the city engineer, fire marshal, parks director, local utility providers, police chief, building official, school district, adjacent jurisdictions, if the proposal is within one mile of another city or jurisdiction, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and Washington State Secretary of Transportation, if the proposal is within two miles of a publicly owned airport. (Ord. 1763 § 1 (part), 1996)
17.16.050 Review criteria.
A. Full subdivisions shall be given preliminary approval upon finding by the hearing examiner or city council that all of the following have been satisfied:
1. The proposed subdivision conforms to:
a. Sumner comprehensive plan;
b. Sumner zoning code;
c. Engineering standards;
d. Resource, wildlife, and hazard area regulations; and
e. Any other applicable policies or plans adopted by the city;
2. The availability of the utilities and other public services necessary to serve the needs of the proposed subdivision (including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds;
3. The potential environmental impacts of the proposed subdivision, together with any practical means mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment;
4. Approving the proposed subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.
B. A proposed subdivision may be denied because of flood, inundation or swamp condition. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by chapter 18.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the hearing examiner shall not approve the preliminary plat unless it imposes a condition requiring the applicant to comply with the flood control ordinance. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until flood control has been resolved. (Ord. 1763 § 1 (part), 1996)
17.16.060 Preliminary plat approval.
Preliminary plat approval must be granted for the entire subdivision where a plat is proposed to be developed in distinct phases, the plat map must delineate the separate divisions which are to be developed in increments. The preliminary plat approval is conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require council approval per SMC 17.16.035. (Ord. 1763 § 1 (part), 1996)
17.16.070 Modifications to an approved preliminary plat.
A. Minor modifications to a previously approved preliminary plat, not involving the location or relocation of a lot, tract or parcel boundary line and not involving the location or relocation of a street, may be requested by the applicant and approved by the director subject to the provisions for Type I decisions in chapter 18.56 SMC. The director shall find that the following exist before approving such amendment:
1. The modification will not be inconsistent or cause the subdivision to be inconsistent with the findings, conclusions, or decision of the hearing examiner or city council;
2. The modification will not cause the subdivision to violate any applicable city policy or regulation;
3. A subdivision may be developed if the intent of its original conditions are not altered.
B. Modifications which exceed the criteria above shall be processed as a new preliminary plat application. (Ord. 1763 § 1 (part), 1996)
17.16.080 Transfer of property following preliminary plat approval.
If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval, but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited in an escrow account and no disbursement to sellers is permitted until the final plat is recorded. (Ord. 1763 § 1 (part), 1996)
17.16.090 Improvement method report.
Following preliminary plat approval and approval of all plans and prior to submission of an application for final plat approval, the applicant shall submit to the director, in duplicate, a report describing the method by which the applicant proposes to carry out the minimum improvements required and the time period within which such improvements will be completed. This improvement method report shall be signed by the applicant and be accompanied by any applicable performance guarantees. It is the intent of this section that a substantial portion of required improvements, as determined by the city engineer, be actually constructed prior to final plat approval. Improvements may be made or guaranteed by any of the following methods:
A. By furnishing to the city a plat or subdivision bond or other security satisfactory to the director, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided by plans submitted and approved and in accordance with city standards and specifications, and under the supervision of the city engineer. The amount of the performance bond or other security shall be 120 percent of the estimated cost of improvements, and shall be of a duration as determined by the city engineer; or
B. By the formation of a local improvement district consistent with the provisions of applicable requirements of the city and the state; or
C. By actually installing the minimum improvements as provided by the local improvement district laws of the state and the city council, and in accordance with city standards and specifications and under the supervision of the city engineer; or
D. By actual installation of improvements in accordance with city standards and specifications and under the supervision of the city engineer; or
E. By a combination of these methods. (Ord. 1763 § 1 (part), 1996)
17.16.100 City engineer’s certificate of improvements.
The director shall transmit two copies of the improvement method report to the city engineer. No permit for the construction of improvements within an approved subdivision shall be issued by the public works department until such copy has been received. After completion of all required improvements or the guarantee of the construction of all required improvements, the city engineer shall submit a certificate in duplicate to the director stating the required improvements are in accordance with the provision of this chapter and in accordance with city standards and specifications. The director shall transmit one copy of the certification to the subdivider, together with a notice advising the subdivider to prepare a final plat for that portion of the area contained in the proposed subdivision in which improvements have been installed or are guaranteed to be installed and covered by the certificate issued by the city engineer. One copy of the certificate shall be retained by the director. (Ord. 1763 § 1 (part), 1996)
17.16.110 Preliminary plat – Preparation.
The preliminary plat shall be prepared in accordance with the following requirements:
A. The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, chapter 58.09 RCW and chapter 332-130 WAC.
B. The preliminary plat shall be drawn with India ink or other reproducible black ink on mylar.
C. All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale.
D. A preliminary plat shall be 18 inches by 24 inches in size or as approved by the city engineer, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. (Ord. 1763 § 1 (part), 1996)
17.16.120 Preliminary plat – Contents.
A. A preliminary plat shall provide the following information:
1. The name of the proposed subdivision together with the words “Preliminary Plat”;
2. The name and address of the applicant;
3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat;
4. Numeric scale, graphic scale, true north point, and date of preparation; and
5. A form for the endorsement of the director of development services, as follows:
APPROVED BY CITY OF SUMNER
________________
Date
_____________________________
Development Services Director
________________
Date
B. A vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural features shall appear on the preliminary plat.
C. Except as otherwise specified in this chapter, the following existing geographic features shall be drawn lightly in relation to proposed geographic features:
1. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines;
2. All existing property lines lying within the proposed subdivision which are to be vacated, and all existing property lines lying within 100 feet of the property to be subdivided or within 100 feet of the property lying adjacent to and under the same ownership as the property to be subdivided;
3. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the proposed subdivision;
4. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision;
5. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision;
6. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed subdivision;
7. The location of any well used for domestic water supply existing within the proposed subdivision or within 100 feet of the boundaries of the proposed subdivision;
8. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Existing contour lines which will be altered through filling or excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by subsection D of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, and shall be based upon USGS or USC & GS datum;
9. The location of any existing structures lying within the proposed subdivisions. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines; and
10. A geotechnical report may be required if deemed necessary by the building official.
D. The following proposed geographic features shall be shown:
1. The boundaries and approximate dimensions of all proposed lots, the area of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block. The square footage of land contained in access easements, access panhandles or pipestem configurations shall not be included in the lot size computations;
2. The right-of-way location and width, the proposed name of each street, alley or other public way to be created and where final street grades are likely to exceed 10 percent, the estimated tentative grades of such streets. Where roadways may exceed the maximum grade or alignment, the city engineer may require sufficient data, including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway;
3. The location, width and purpose of each easement to be created;
4. The boundaries, dimensions and area of public and common park and open space tracts;
5. Identification of all tracts and areas proposed to be dedicated for public use, together with the purpose and any condition of dedication;
6. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines, as provided by subsection (C)(8) of this section). Contour lines shall be labeled in intervals not to exceed 20 feet, shall be based upon USGS & GS datum, and shall be indicated by lines drawn lightly relative to other proposed geographic features; and
7. The building envelope, as defined in SMC 17.04.060, shall be indicated for each lot.
E. The following additional information shall be shown on the surface of the preliminary plat:
1. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area:
a. Proposed land use (e.g. single-family, duplexes, multifamily,
b. Number of dwelling units,
c. Gross acreage,
d. Existing zoning designation,
e. Proposed zoning designation,
f. Approximate area of smallest lot;
2. Proposed source of domestic water supply;
3. Proposed sewage disposal system; and
4. Typical street cross-section(s). (Ord. 2788 § 17, 2021; Ord. 2544 § 2, 2015; Ord. 1886 § 2, 1999; Ord. 1763 § 1 (part), 1996)
17.16.130 Preparation of a final plat.
The final plat shall be prepared in accordance with the following requirements:
A. The final plat shall be prepared by a land surveyor licensed by the state of Washington or a Washington State licensed engineer.
B. The final plat shall be drawn with India ink on mylar measuring 18 inches by 24 inches in size, allowing one-half inch for border.
C. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size.
D. All signatures or certifications appearing on a final plat shall be in reproducible black ink.
E. A final plat shall contain the following information:
1. The name of the subdivision;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;
4. The boundary line of the plat, referenced to city (USC & GS) datum and based on an accurate traverse, with angular and linear dimensions and bearings;
5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision;
6. The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and utilities;
7. True courses and distances to the nearest established street lines, or sections or quarter section corner monuments which shall accurately locate the subdivision;
8. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses;
9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;
10. Delineation of the building envelope of each lot;
11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
12. The accurate location of each permanent control monument. One such monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided, at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC), and at each intersection of a street centerline with a plat boundary;
13. All plat meander lines or reference lines along bodies of water shall be established as above, but not farther than 20 feet from the high water line of such body;
14. Accurate outlines and legal descriptions of any areas or tracts to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication;
15. Accurate outlines of any area or tract to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation;
16. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city council or at the discretion of the property owner;
17. The name and seal of the Washington State licensed land surveyor or Washington State licensed engineer responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct;
18. A signed certification stating that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided.
An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer as a condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant.
At the discretion of the city engineer, conveyances of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-of-way;
19. Forms for the appropriate certifications of the administrative services director or designee, city engineer, and director of development services, as follows:
ADMINISTRATIVE DIRECTOR or DESIGNEE’S CERTIFICATE
I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use, have been duly paid, satisfied or discharged, this __ day of __________, 20__.
__________________________
Sumner Administrative Services Director or Designee
CITY ENGINEER’S CERTIFICATE
I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to SMC 17.16.130, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this _____ day of ___________, 20__.
__________________________
Sumner City Engineer
DEVELOPMENT SERVICES DIRECTOR’S CERTIFICATE
I hereby certify that on this ___ day of __________, 20__, that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by the City of Sumner Hearing Examiner on the ____ day of ______________, 20__.
__________________________
Sumner Development
Services Director
20. A form for the certificate of the county comptroller, as follows:
COMPTROLLER’S CERTIFICATE
I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collection, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this ___ day of ____________, 20__.
_________________________
Pierce County Comptroller
Attest:
_________________________
Deputy Pierce County Comptroller
21. A form of the approval of the county assessor, as follows:
ASSESSOR’S APPROVAL
Examined and approved this ____ day of _______________, 20__.
__________________________
Pierce County Assessor
Attest:
___________________________
Deputy Pierce County Assessor
22. A form for the certificate of the Pierce County recorder, as follows:
RECORDING CERTIFICATE
Filed for record at the request of the City of Sumner this ___ day of ___________, 20__, at ____ minutes past ___ M., and recorded in Volume ____ of Plats, page ___ Records of Pierce County, Washington.
Pierce County Recording Number __.
__________________________
Manager
___________________________
Superintendent of Records
23. Any additional pertinent information as required at the discretion of the city engineer or director. (Ord. 2788 § 18, 2021; Ord. 2544 § 3, 2015; Ord. 2479 § 1 (part), 2014; Ord. 1763 § 1 (part), 1996)
17.16.140 Accompanying documents, final plat.
A. In cases where any protective deed covenants will apply to lots or parcels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat.
B. 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 shall be submitted with complete field and computation notes, showing the original or re-established corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
C. The final plat shall be accompanied by a current (within 30 days) title company certification of:
1. The legal description of the total parcel sought to be subdivided;
2. Those individuals or corporations holding an ownership interest in said parcel;
3. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; and
4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor’s file number and/or recording number.
If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the city engineer.
D. The final plat shall be accompanied by a computer check of the boundaries, street centerlines, lots, blocks and lot area.
E. The final plat shall be accompanied by a copy of the approved preliminary plat for the property in question.
F. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. (Ord. 1763 § 1 (part), 1996)
17.16.150 Final plat application.
A. Applications for final plat approval shall be made on forms provided by the department along with the fee established in chapter 18.56 SMC, Procedure for land use permits.
B. Applications for final plat approval shall be processed according to the procedures established in chapter 18.56 SMC, Procedures for land use permits.
C. Applications for final plat approval shall be submitted within five years of the date of the preliminary plat approval.
D. The final plat map shall be prepared in accordance with SMC 17.16.130. (Ord. 1763 § 1 (part), 1996)
17.16.160 Time limitation on final plat submittal.
The original and two copies of a final plat meeting all requirements of chapter 58.17 RCW shall be transmitted by the director to the council within five years of the date of the preliminary plat approval. The plat granted preliminary approval but not filed for final plat approval within the applicable time period shall be null and void. (Ord. 1763 § 1 (part), 1996)
17.16.170 Effect of an approved final plat.
A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect on the date of preliminary plat approval after final plat approval unless the council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1763 § 1 (part), 1996)
17.16.180 Distribution of copies and filing of final plat.
The director shall distribute the original and copies of the approved final plat as follows:
A. The original shall be returned to the applicant to be forwarded to the county auditor for filing;
B. Two paper copies shall be transmitted to the county assessor;
C. One recorded reproducible mylar copy shall be transmitted to the city engineer;
D. One recorded paper copy shall be retained in the files of the planning department; and
E. One recorded paper copy shall be provided to the building official for assignment of addresses. (Ord. 1763 § 1 (part), 1996)
17.16.190 Transfer of ownership following final plat approval.
Whenever any parcel of land lying within the city is divided under the provision of this chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or transfer, any such lot, tract or parcel without having first had an approved final plat for such subdivision filed for record. (Ord. 1763 § 1 (part), 1996)
17.16.200 Building and occupancy permit.
A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire marshal that adequate fire protection and access for construction needs exists.
B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until either:
1. All required improvements which will serve the subject lot or parcel have been constructed and the city has accepted a properly executed bill of sale for such improvements; or
2. All required improvements have been bonded or otherwise guaranteed; or
3. An improvement bond in an amount adequate, in the determination of the city engineer, to guarantee construction of those required public improvements necessary to serve the lot or parcel for which a building permit is sought has been accepted by the city.
C. No occupancy permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements, which will serve such lot or parcel, to the satisfaction of the building official. (Ord. 1763 § 1 (part), 1996)