Chapter 17.12
FINAL SUBDIVISIONS
Sections:
17.12.005 Purpose.
17.12.010 Application submittal and contents.
17.12.015 Review process.
17.12.020 Administrative review.
17.12.030 City council action.
17.12.040 Terms of approval.
17.12.050 Distribution and filing.
17.12.060 Transfer of ownership.
17.12.070 Building, occupancy and model home permits.
17.12.080 Release of improvement guarantee.
17.12.090 Survey requirements.
17.12.005 Purpose.
This chapter establishes specific application materials, review processes and requirements, and terms of approval for final subdivisions. (Ord. 6239 § 1, 2009.)
17.12.010 Application submittal and contents.
A. Application. An application for final subdivision approval meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the planning department, accompanied by the following:
1. Application materials consistent with the requirements of ACC 17.02.065;
2. A copy of the approved preliminary plat;
3. A final plat meeting the requirements of Chapter 58.17 RCW, including certifications, dedications, and title reports;
4. Agency recommendations pursuant to RCW 58.17.150;
5. A recordable survey and surveyor’s signature meeting the requirements of Chapter 58.09 RCW and RCW 58.17.250;
6. Proposed list of public improvements that will be incomplete at the time of final plat approval and the associated cost to complete the work. The list shall be used to determine the financial security required as part of the final plat review process. The engineer’s certification is required prior to setting the date for consideration by the city council for final plat approval. The engineer’s certification will not be issued until the requirements of ACC 17.14.010 have been met.
B. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct.
C. Scale and Format. The final plat shall be drawn with reproducible ink on Mylar measuring 18 inches by 24 inches in size, with a one-inch border on one edge and a one-half-inch border for the other three edges for projects in King County and measuring 18 inches by 24 inches with a two-inch border on the left edge and a one-half-inch border for the other three edges for projects in Pierce County. 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. All signatures or certifications appearing on a final plat shall be in reproducible black ink.
D. Final Plat Contents. 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 datum in accordance with the city design and construction standards and based on an accurate traverse, with angular and linear dimensions and bearings;
5. The exact location, width and assigned name of all streets, alleys and other public ways within and adjacent to the subdivision;
6. A table depicting the assigned address for each lot within the subdivision;
7. The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and utilities;
8. True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accurately locate the subdivision;
9. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses;
10. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;
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 above, but not farther than 20 feet from, the high water line of such body;
14. Accurate outlines and legal descriptions of any areas 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 areas 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 hearing examiner, or at the discretion of the property owner;
17. The name and seal of the licensed land surveyor 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 lands 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. Roads not dedicated to the public must be clearly marked on the face of the plat. 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 may be required to be by statutory warranty deed. The acceptance 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 finance director, city engineer and planning director, as follows:
FINANCE DIRECTOR’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___.
______________________________
Auburn Director of Finance
CITY ENGINEER’S CERTIFICATE
I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to ACC 17.14.015, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this ______ day of _____________, 20___.
______________________________
Auburn City Engineer
PLANNING DIRECTOR’S CERTIFICATE
I hereby certify 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 Resolution Number ______ of the Auburn City Council on the _______ day of ___________, 20____, or by the Decision of the Hearing Examiner for the City of Auburn dated the _______ day of ___________, 20____.
______________________________
Auburn Planning Director
20. A form for the approval of the mayor, pursuant to ACC 17.12.030, as follows:
APPROVAL
Examined and approved this _____ day of ____________, 20___, pursuant to City Ordinance Number _____, adopted by the Auburn City Council on the ______ day of ____________, 20___.
______________________________
Mayor
ATTEST:
______________________________
Auburn City Clerk
21. A form for the certificate of the applicable (King/Pierce) county finance division, as follows, or as required by the applicable county, if different:
FINANCE DIVISION 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___.
______________________________
Manager
______________________________
Deputy
22. A form for the approval of the applicable (King/Pierce) county assessor, as follows, or as required by the applicable county, if different:
ASSESSOR’S APPROVAL
Examined and approved this ______ day of _________, 20___.
______________________________
County Assessor
______________________________
Deputy County Assessor
____________________________
Account number
23. A form for the certificate of the applicable (King/Pierce) county recorder, as follows, or as required by the applicable county, if different:
RECORDING CERTIFICATE
Filed for record at the request of the City of Auburn this ______ day of __________, 20___ at _____ minutes past ______ __.M., and recorded in Volume _____ of Plats, page ________ Records of (King or Pierce) County, Washington.
County Recording Number _____.
______________________________
Manager
______________________________
Superintendent of Records
24. Any additional pertinent information as required at the discretion of the city engineer or planning director. (Ord. 6239 § 1, 2009; Ord. 6186 § 7, 2008; Ord. 6061 § 1, 2006; Ord. 5170 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.010)
17.12.015 Review process.
A final plat shall be reviewed in accordance with ACC Title 14 as a Type V decision. (Ord. 6239 § 1, 2009.)
17.12.020 Administrative review.
A. Upon receipt of a final plat for council approval, the director shall place the final plat on the next council agenda that allows for at least 10 working days of staff review prior to the council meeting.
B. The director shall forward the plat to the city engineer and to other city departments for review. The city engineer shall review the final plat and determine if it is in compliance with the certificate of improvements issued under ACC 17.14.015, is consistent with all applicable city improvement standards and requirements in effect on the date of preliminary plat approval.
C. Prior to the date at which the council will consider the final plat, the director shall forward to the council the original of the final plat, along with the planning agency’s report which discusses the conformity or nonconformity of the final plat with: the terms and conditions of the preliminary plat approval; the requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of preliminary plat approval; and the requirements of this title in effect at the time of preliminary plat approval. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.020.)
17.12.030 City council action.
The city council shall have sole authority to approve final plats. The council shall approve, disapprove, or return to the applicant for modification or correction, a proposed final plat, on the date of the meeting set for consideration of the final plat under ACC 17.12.020(A), unless the applicant agrees, in writing, to an extension of the time period provided by RCW 58.17.140. If the council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, and this title, which requirements were in effect on the date of preliminary plat approval, it shall direct and authorize the mayor to suitably inscribe and execute its written approval on the face of the final plat. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.030.)
17.12.040 Terms of approval.
A subdivision shall be governed by the terms of approval of the final plat, and the zoning ordinance and regulations in effect on the date of preliminary plat approval for a period of five years after final plat approval unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision; provided, that for any final plat approval in effect on June 10, 2010, through December 31, 2014, the terms of approval shall be for a period of seven years following the date of the notice. (Ord. 6317 § 4, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 8, 2008; Ord. 4296 § 2, 1988. Formerly 17.10.040.)
17.12.050 Distribution and filing.
The director shall distribute the original and copies of the approved final plat as follows:
A. The original shall be forwarded to the appropriate county office for recording. The plat must be recorded within 30 days or the plat shall become null and void. A recorded Mylar shall be returned to the city and kept with the city’s records;
B. Two paper copies shall be transmitted to the county assessor;
C. One reproducible copy shall be retained in the files of the department;
D. One reproducible copy shall be provided to the applicant. (Ord. 6239 § 1, 2009; Ord. 6061 § 2, 2006; Ord. 4296 § 2, 1988. Formerly 17.10.050.)
17.12.060 Transfer of ownership.
Whenever any parcel of land lying within the city is divided under the provisions of this title, 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 of such subdivision filed for record, except as provided by ACC 17.10.090. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.10.060.)
17.12.070 Building, occupancy and model home permits.
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 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:
1. The minimum required improvements which will serve the subject lot or parcel have been constructed in accordance with ACC 17.14.070; and
2. All remaining improvements have been financially guaranteed under the requirements of ACC 17.14.010.
C. Prior to final plat approval of an approved preliminary plat, building permits for model homes may be granted by the building official subject to the following conditions:
1. Model homes are single-family dwellings as defined by ACC 18.04.340(A). The purpose of a model home is for sales promotion and display of homes that will be typically built within a subdivision and are open to the public for viewing.
2. Up to two model homes may be allowed for preliminary plats up to 20 lots. Up to four model homes may be allowed for preliminary plats in excess of 20 lots.
3. All model homes shall be served by an all weather surface access as approved by the city engineer and fire marshal.
4. All model homes shall be located within 300 feet of an operating fire hydrant as determined and approved by the fire marshal.
5. Prior to the public being allowed to access a model home, written permission must be received from the building official.
6. Information must be submitted with the final plat application that indicates the model home meets all applicable zoning code standards of the lot on which it is located.
D. Where a plat is approved subject to conditions, no building permit shall be issued for property subject to the subdivision prior to the conditions either being fulfilled or guarantees provided to ensure the conditions are met. (Ord. 6239 § 1, 2009; Ord. 5094 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.070)
17.12.080 Release of improvement guarantee.
A. If a financial security for the improvements has been submitted under ACC 17.12.070 or 17.14.010, such guarantee shall only be released upon acceptance by the city of a properly executed bill of sale for such improvements and submittal of adequate record drawings for which the guarantee was submitted.
B. A portion of the guarantee equivalent to 10 percent of the value of the public improvements guaranteed shall be retained as a maintenance guarantee by the city for a minimum period of one year from the date the city engineer certifies the completion of the plat improvements have been satisfied, to ensure the adequate operation of such improvements, following which any unused portion of such guarantee shall be released. This shall be consistent with the facility extension provisions of ACC Title 13 (Water, Sewers and Public Utilities). (Ord. 6239 § 1, 2009; Ord. 5094 § 1, 1998; Ord. 4296 § 2, 1988. Formerly 17.10.080.)
17.12.090 Survey requirements.
A. A licensed professional land surveyor shall complete all lot staking prior to the recording of the final subdivision.
B. All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor’s registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city of Auburn.
C. When the legal description of the final subdivision utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the final subdivision corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey.
E. When the final subdivision is adjacent to a constructed public right-of-way and the plat corners or its offset represent a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed.
F. Whenever a final subdivision is adjacent to existing right-of-way, the centerline of the right-of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.
H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb. (Ord. 6239 § 1, 2009.)