Chapter 21.35
SHORT SUBDIVISIONS*
Sections:
21.35.020 Filing procedures and fee.
21.35.030 Owner’s free consent.
*Statutory references: Chapter 58.09 RCW, Chapter 332-130 WAC.
21.35.010 Applicability.
Every short plat and short subdivision shall comply with the provisions of this chapter.
A. Exemptions. The provisions of this chapter are not applicable to the following:
1. All exemptions listed in UPMC 21.05.060.
2. Deed releases, for the purpose of obtaining building financing; provided, that a short plat is required if said parcel is separately sold or if all land specified by the contract is not acquired.
3. Divisions that were surveyed in accordance with the Survey Recording Act and are recorded with the auditor prior to August 13, 1974.
4. Up to four model homes may be established on a single tract of land without short platting; provided, the City has approved a preliminary subdivision that includes the specific lots upon which the model homes are to be located.
5. Divisions made by court order; provided, that this exemption shall not apply to land divided pursuant to dissolution or any partition proceedings.
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.
7. Any division or divisions of land for the sole purpose of enabling the City of University Place or other public agency to acquire land, either by outright purchase or exchange, for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.
B. The entire original tract (except adjacent platted or short platted land) shall be included within one short plat application.
C. Further Divisions. Land within a short subdivision shall not be further divided in any manner for a period of five years from the date said approved short plat is recorded with the auditor without the filing of a final plat on the land that is proposed to be further divided, except that when the short plat contains fewer than nine residential building lots, the owner who filed the short plat may file an alteration within the five-year period to create a total of up to nine lots within the original short plat boundary. This requirement shall be stated on the face of the short plat.
(Ord. 769 § 4 (Exh. D), 2023; Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.12.010).
21.35.020 Filing procedures and fee.
See Appendices A and B for short subdivision application submittal requirements. A complete application shall be submitted to the Department using forms provided by the Department together with a filing fee.
(Ord. 500 § 1, 2007; Ord. 423 § 87, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.12.020).
21.35.030 Owner’s free consent.
The contract purchasers shall sign a statement prescribed by the Department signifying that the plat is made with their free consent and in accordance with the desires of the owners.
(Ord. 500 § 1, 2007; Ord. 423 § 88, 2004; Ord. 61 § 1, 1995. Formerly 21.12.030).
21.35.040 Survey.
Recordable surveys shall be required for all short plats and short subdivisions. All surveys shall be accomplished as required by Chapter 332-130 WAC and the “Survey Recording Act” (Chapter 58.09 RCW), except an additional recording will not be required for the “Survey Recording Act.”
All lot staking shall be completed by the certifying professional land surveyor prior to the recording of the short plat.
All short plat corners, including interior lot corners, shall be staked with steel rebar or metal pipe with a cap that permanently bears the land surveyor’s registration number. When the plat corner(s) or lot corner(s) falls in a body of water, over the edge of a steep slope, or other inaccessible area, an offset corner will be permitted. When the boundary line of a short plat follows a meandering line, corners shall be set as directed by the City.
A meeting with City staff to discuss corner locations is recommended.
When the legal description of the short plat utilizes a partial or complete section subdivisional breakdown to establish the short plat boundaries, section subdivision survey information in accordance with the requirements of WAC 332-130-030 shall be shown on the short plat Mylar.
All reference monuments used in the establishment of the short plat corners shall be identified, described, and noted as set or found on the short plat Mylar. When appropriate, the short plat survey shall reference the recorded or previous survey that was the basis for the short plat survey.
When the short plat is adjacent to a constructed City street and the short plat corner(s) or its offset represents a one-sixteenth corner, quarter corner, section corner, or donation land claim corner that is not of record or is lost or obliterated, a City standard monument(s) shall be placed in the City street. In cases where a monument of record is found, the existing corner does not have to be replaced.
Whenever a short plat is adjacent to an existing city street and/or right-of-way, the centerline of that street shall be located on the short plat drawing. If the existing constructed City street or maintained street section falls outside of the documented right-of-way, the surveyor shall identify the existing edge of pavement and limits of the maintained street section on the short plat drawing and show its relationship to said centerline.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.12.040).
21.35.050 Review criteria.
A. The Department shall review the application for consistency with the Comprehensive Plan, City development regulations, Chapter 58.17 RCW, and review comments provided by other governmental agencies, utilities, and interested parties, and require appropriate modifications or conditions.
B. If applicable the Department shall review the environmental checklist and other available information and issue an appropriate threshold decision. The threshold decision may require mitigation measures to mitigate any significant adverse environmental impact.
C. The Department shall contact the Tacoma-Pierce County Health Department or the appropriate sewer purveyor to review the short subdivision for potential septic or sewer adequacy.
D. The Department shall review proposed lot sites that are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions, mud slides or avalanche, and such may be noted on the face of the short plat.
E. The City Engineer shall review the short subdivision for compliance with the public works code, including but not limited to the adequacy of the proposed street and storm drainage systems.
F. The Fire Code Official shall review the proposed short subdivision for fire protection issues, including but not limited to fire hydrant location and emergency vehicle access.
G. In addition to other standards required by this title, the Department may require such additional standards and conditions or it may modify the standards and conditions in such a manner as is necessary to:
1. Maintain the intent and purpose of this title;
2. Assure that a degree of compatibility shall be maintained with respect to properties and existing or potential uses within the general area; and
3. Preserve the public health, safety, morals, and general welfare.
The recommendations of the Department, City Engineer, and the Fire Code Official shall become part of the record.
(Ord. 662 § 1 (Exh. A), 2015; Ord. 500 § 1, 2007; Ord. 423 §§ 89, 90, 2004; Ord. 150 §§ 5, 6, 1997; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.12.050, 21.12.060).
21.35.060 Decisions.
A. The Director may approve, approve with conditions, or deny a short subdivision.
B. If the short subdivision meets the requirements of UPMC 21.35.050(A) through (G), the Director shall approve the short subdivision by signing the Department certificate on the face of the short plat and issuing a written decision in accordance with RCW 58.17.060.
C. If the short subdivision meets the requirements of UPMC 21.35.050(A) through (G), subject to conditions, those conditions shall be noted on the face of the short subdivision prior to approval.
D. If the short subdivision is unable to comply with the requirements of UPMC 21.35.050(A) through (G), the short subdivision shall be denied.
E. Effect of Approval. The approval of a short subdivision shall not be a guarantee that future permits will be granted for any structures or development within said area, and a notation to this effect shall be stated on the face of the short plat.
(Ord. 500 § 1, 2007; Ord. 423 § 91, 2004; Ord. 61 § 1, 1995. Formerly 21.12.070).
21.35.070 Notice.
Prior to the sale, lease, or contract to sell of any lot, parcel, or tract within a short subdivision, a copy of the approved short plat shall be given to the prospective purchaser or lessee by the owner, owner’s agent, or any person, firm, or corporation who closes or escrows the transaction.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.12.080).