Chapter 13.12
PRELIMINARY PLATS
Sections:
13.12.010 Application--Forms--Processing.
13.12.015 Preapplication--Conference required.
13.12.020 Application--Content.
13.12.050 Review--Criteria generally.
13.12.060 Environmental considerations.
13.12.110 Approval prerequisites.
13.12.120 Approval--Time limits.
13.12.130 Approval--Extension of time.
13.12.010 Application--Forms--Processing.
Applications for formal subdivisions shall be made to the Town Planning Commission on forms provided by the Town Clerk. A subdivision application will be processed concurrently with any applications for rezones, variances, site plan approvals and other similar approvals, that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. Each application shall be accompanied with the appropriate fee as specified in the Town fee schedule (Chapter 3.32 of this code), at the time the application is submitted. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 203 § 4(part), 1987)
13.12.015 Preapplication conference required.
A preapplication conference shall be required for all applications for subdivision, consistent with the requirements of Section 13.04.025. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 01-410 § 3 (part), 2001: Ord. 01-404 § 3 (part), 2001: Ord. 00-396 § 3(part), 2000: Ord. 99-372 § 4(part), 1999)
13.12.020 Application--Content.
The application shall contain the following items:
A. A copy of the preliminary plat and the number of prints required by the Town. A preliminary plat is a neat and approximate drawing to scale of a proposed division of land, showing the existing conditions and the general proposed layouts of streets, lots, and other information needed to properly review the proposal. A preliminary plat shall be prepared by a professional land surveyor registered in the state. All documents anticipated to be recorded shall comply with county requirements. The scale used shall be sufficient to show clearly all details of the proposal. A scale of fifty feet to the inch is preferred. other engineering scales may be used, if necessary, but not smaller than one hundred feet to the inch. Preliminary plats for formal subdivisions shall not exceed a size of twenty-four inches by thirty-six inches;
B. A current title report or plat certificate dated within thirty days of the date of submittal;
C. A survey map of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state. This map can be combined with the preliminary plat at the applicant’s option;
D. The base application fee as set forth in the Town’s fee schedule (Chapter 3.32 of this code), at the time the application is submitted;
E. Source of water supply and name of supplier;
F. Method of sewage disposal, and name of municipal system if applicable. Connections to public sewer system are required where the distance from the nearest boundary of the land to be subdivided to the nearest public sewer main is less than two hundred feet multiplied by the number of lots in the proposed subdivision. Provided, however, the Mayor or his/her designee may waive this condition if she/he finds that all the following conditions are met:
1. The proposed lots in the subdivision meet state health requirements for on-site sewage disposal;
2. The county health district determines that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met;
3. The plat provides easements that are acceptable to the Town and the local sanitary service purveyor to enable future public sewer service to the subdivision; and
4. Connection to the public sewer system would be impractical, or construction of the extension would have environmentally detrimental consequences;
G. A SEPA checklist and other information that may be required by the Town in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal; and
H. The names of the owners of all properties within a distance of three hundred feet from the boundaries of the proposed subdivision. (Ord. 11-530 § 1, 2012; Ord. 08-491 § 1(part), 2008; Ord. 01-412 § 1 (Exh. 1(part)), 2001; Ord. 203 § 4(A), 1987)
13.12.030 Content.
The following information shall be shown on the plat:
A. The name, if any, of the proposed subdivision;
B. Sufficient description to define the location and boundaries of the proposed subdivision;
C. Name, address, seal and signature of the land surveyor who prepared the map;
D. A vicinity sketch;
E. Date prepared or revised, scale, northpoint, quarter section, section, township and range number;
F. Total acreage of the land to be divided, and area in square feet of each proposed lot;
G. Existing zoning, and zoning boundaries, if any;
H. Lot dimensions and numbers;
I. Building setback lines required by the existing or proposed zoning and streetscape setback lines required by Section 13.36.030(B);
J. Any existing property lines within, or immediately adjacent to, the proposed subdivision;
K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by the Town Engineer. Ten-foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision;
L. The location, name, and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade of proposed streets and the pavement location of existing and proposed streets;
M. The location of all existing structures within the proposed subdivision and within fifty feet of the proposed subdivision. Public area or areas to be owned in common by the lot owners, if any;
N. The location of tree-covered areas, with the location of individual and/or groups of trees over eight inches in diameter, measured four and one-half feet above the ground;
O. A preliminary grading plan or profile of proposed subdivision if more than five hundred cubic yards of earth is to be moved, removed or added;
P. A preliminary drainage proposal consistent with the provisions of Section 13.40.120 of this title, its amendments or any other drainage standards adopted by the town, showing existing and proposed drainage facilities for the site and the adjacent areas;
Q. A statement of improvements to be installed along with a proposed location for new monuments;
R. The location of known or suspected-soil or geological hazard areas, water bodies, creeks and areas subject to flooding;
S. Possible future lot lines if any is large enough to allow future division; and
T. Location of existing underground utility lines, sewer and water mains adjacent to or within the proposed subdivision. (Ord. 06-469 § 2, 2006; Ord. 01-412 § 1 (Exh. 1(part)), 2001; Ord. 203 § 4(B), 1987)
13.12.040 Review--Authority.
The Town Engineer and/or Town Planner is in charge of administering the preliminary review of all subdivisions. The Director of Public Works, the fire department, the Snohomish Health District Sanitation Department, the appropriate water district, and other departments, if needed, as determined by the Town Engineer, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. (Ord. 01-412 § 1 (Exh. 1(part)), 2001: Ord. 203 § 5 (A), 1987)
13.12.050 Review--Criteria generally.
The criteria set out in Sections 13.12.060, 13.12.090, 13.12.110 and 13.12.115 of this chapter shall be used to review proposed subdivisions. (Ord. 01-412 § 1 (Exh. 1(part)), 2001: Ord. 203 § 7(part), 1987)
13.12.060 Environmental considerations.
A. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impacts and to preserve environmental resources.
B. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsection A of this section.
C. The proposal shall be designed to minimize off-site impacts on drainage. (Ord. 06-469 § 3, 2006; Ord. 203 § 7(A), 1987)
13.12.080 Dedications.
A. The Planning Commission may require dedication of land in the proposed subdivision for public use.
B. An approval of a subdivision shall be conditioned on appropriate dedication of land for streets, or other purposes. (Ord. 01-412 § 1 (Exh. 1(part)), 2001: Ord. 203 § 7(C), 1987)
13.12.090 Improvements.
A. Required Improvements. Improvements which may be required include, but are not limited to, streets, curbs, pedestrian walks and bicycles paths, sidewalks, street landscaping, waterlines, sewage systems, drainage systems and underground utilities.
B. Determination of Improvements. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this title and the document entitled "Public Works Standards" as adopted by the Town Council. This determination shall be based on the recommendations of the Town Engineer, the Public Works Superintendent, the Fire Chief, the Water Department or other departments who have reviewed the preliminary or other departments who have reviewed the preliminary subdivision.
C. Scheduling of Time for Submitting Improvement Plans. If improvements are required as a condition of preliminary approval of a subdivision, the applicant shall submit the improvement plan to the Town Engineer for review and approval, allowing sufficient time for proper review before expiration of the preliminary plat approval.
D. Engineered Design. All improvement plans shall be prepared, dated, signed, and sealed by a licensed engineer registered in the state, unless the Town Engineer determines that engineered plans are not necessary.
E. Time Schedule for Installation. The applicant shall not begin installation of improvements until the Town Engineer has approved the improvement plans, the Town Engineer and the applicant have agreed in writing on a time schedule for installation of the improvements.
F. Completion of Improvements-Bonding. The applicant shall either complete the improvements before the final plat is submitted for the Town Council approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the Town Engineer and shall be processed.
G. Acceptance of Improvements-Maintenance Bond. The Town Engineer shall not accept the improvements for the Town until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for fifteen percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. (Ord. 203 § 8, 1987)
13.12.100 Notice of hearing.
Notice of all hearings shall be consistent with the procedural requirements of WMC 14A.04. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 203 § 5(B), 1987)
13.12.110 Approval prerequisites.
A proposed subdivision may be approved only if all of the following findings can be made for the proposal, as approved or as conditionally approved:
A. Compliance. The proposal is consistent with the purposes of this title, as listed in Section 13.04.010, and meets all requirements of this title;
B. Comprehensive Plan. The proposal is consistent with the provisions of the comprehensive plan (of this code), or other adopted Town policy, and is in the public interest;
C. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance (Title 14 of this code), or a modification has been approved as provided for in Chapter 13.20 of this title;
D. Shoreline Master Plan. The proposal meets all requirements of the Snohomish County Shoreline Master Program and the Town of Woodway Shoreline Master Plan;
E. Shoreline Management. All subdivision proposals shall comply with the State of Washington Shoreline Management Act. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001; Ord. 203 § 11, 1987)
13.12.115 Approval criteria.
The Town Council shall not approve applications for subdivisions unless it is demonstrated by the subdivider that each of the following criteria has been met or will be met:
A. Each lot shall adjoin a public or private street and adequate access for vehicles, utilities and fire protection and will be provided;
B. Curb, gutter, walkway, trail connections, transit stops, streets, storm drainage, sanitary sewer lines, water lines and other utilities as required shall be installed at the expense of the applicant and meet Town specifications and applicable ordinances and the Town Engineer has certified or approved the proposed plans;
C. The subdivider has provided an easement for utilities transmission services, if necessary;
D. Private property necessary for public use for streets will be dedicated by a deed of dedication acceptable to the Town or by preparing a plat to be recorded;
E. A sufficient bond will be posted to insure completion of those improvements required under these criteria but not yet installed or provided;
F. Adequate public facilities will be provided, as required by the Town Engineer or Director of Public Works. These facilities may include, but not necessarily limited to, parks, playgrounds, schools, open spaces, transit stops, and trails and trail connections;
G. All requirements of the State Environmental Policy Act (SEPA) have been met;
H. No development shall occur which causes a flooding hazard, or until any development occurring within an identified floodplain has been properly mitigated;
I. The public interest will be served by the proposal; and
J. All the requirements of RCW Chapter 58.17 have been met.
K. The application is consistent with the development standards listed in Chapters 13.36, 13.40, 13.44 and 13.48. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 01-410 § 3 (part), 2001: Ord. 01-404 § 3 (part), 2001: Ord. 00-396 § 3(part), 2000: Ord. 99-372 § 4(part), 1999)
13.12.120 Approval--Time limits.
A. The review of a proposed preliminary plat application shall be completed consistent with the procedural requirement of WMC Chapter 14A.04.
B. The Planning Commission shall submit its recommendation to the Town Council after taking action on the preliminary subdivision.
C. The Council shall then set a public meeting date where it may adopt, modify or reject the Planning Commission’s recommendation. If, after the public meeting, the Town Council wishes to make material changes, it must then hold a public hearing. All decisions are to be in writing and include findings of fact (see Section 13.12.110 of this chapter) and conclusions to support the decision or recommendations.
D. The preliminary plat shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of filing (not including the time spent preparing an environmental impact statement, if needed) unless the applicant agrees to extend the time. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 226 § l, 1989: Ord. 203 § 6(A), 1987)
13.12.130 Approval--Extension of time.
Applications for extensions of time on any final approval shall be filed in writing with the Town Clerk at least thirty days before the expiration of five years from the date of preliminary plat approval. The Town Council may grant one one-year extension, by making written findings that there is not substantial change in the proposal, that the findings and conclusions of the original approval still apply, and that the applicant has made a good-faith attempt to submit the final plat within the five-year period. A properly filed application for an extension of time extends the time limit until the Town has acted on the application, but the subdivision may not be filed for record during the period between the original expiration date and the date the Town acts on the extension request, and until final approval is granted by the Town Council. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 203 § 6(C), 1987)