Chapter 17.09
SHORT SUBDIVISIONS
Sections:
17.09.010 General provisions.
17.09.020 Preapplication conference.
17.09.030 Preliminary application.
17.09.035 Survey requirements.
17.09.040 Reserved.
17.09.050 Development requirements.
17.09.060 Preliminary short subdivision approval.
17.09.070 Final short subdivision approval.
17.09.080 Distribution and filing.
17.09.090 Conditional approval requirements.
17.09.100 Release of improvement guarantee.
17.09.110 Time limitations.
17.09.120 Terms of approval.
17.09.010 General provisions.
Every short subdivision shall comply with the provisions of this chapter. Land shall be divided by the short subdivision method according to the provisions of this title, if the three following criteria are met:
A. The division will not result in the creation of more than four lots.
B. The original tract being divided has not been created by a short subdivision within the previous five years, except that when the short subdivision contains fewer than four parcels, a revised short subdivision may be filed within the five-year period to create up to a total of four lots within the original short subdivision boundaries.
C. The entire original tract (except adjacent platted or short subdivided land) shall be included within one short subdivision application; provided, that a pre-existing, unplatted adjacent parcel may also be excluded if it is 20 acres or greater in size. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.010)
17.09.020 Preapplication conference.
Persons considering making application to short subdivide land are encouraged to request a preapplication conference with appropriate city staff. Preapplication conferences may be requested by filing necessary materials as required by the planning director. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.020)
17.09.030 Preliminary application.
In addition to the requirements for submitting applications as set forth in ACC 14.05.020 and 17.02.065, application materials for preliminary short subdivision shall include all information specified by the planning director in the preliminary short subdivision application and accompanying checklist. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.030)
17.09.035 Survey requirements.
A. A licensed professional land surveyor licensed in the state of Washington shall complete all lot staking prior to the recording of the short 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 short 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 short 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 short 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 short 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; Ord. 6006 § 3, 2006. Formerly 17.14.035)
17.09.040 Reserved.
Reserved. (Ord. 6239 § 1, 2009.)
17.09.050 Development requirements.
A. Lot Area and Dimensions. Each lot created by short subdivision shall contain sufficient square footage and lot dimensions to meet the requirements of ACC Title 18. Each lot to be served by an on-site sewage disposal system shall be a minimum of 15,000 square feet in area and shall also meet the minimum lot area requirements of the county department of health rules and regulations. Land contained in access easements, tracts or panhandles shall not be included in lot area or lot dimension calculations for the purposes of this section.
B. Every lot within a short subdivision shall be capable of being reasonably served by public or private sewage disposal, water, storm drainage facilities and streets. The city will not approve a short subdivision for which a building permit cannot be issued because of insufficient infrastructure.
C. Conformance with Adopted Plans. Street, water, sewer and storm drainage facilities adjacent to or within the short subdivision shall be in conformance with adopted city ordinances, standards and policies. Easements for utilities recommended by such plans shall be provided to the city, with the exact location of such easements to be determined by the city engineer.
D. Floods, Flood Control and Storm Drainage.
1. Where any portion of the proposed short subdivision lies within an area of special flood hazard or regulatory floodway, conformance with adopted city flood hazard area ordinances, standards and policies shall be required.
2. A conceptual storm drainage/site grading plan shall be required to be submitted, as part of the short subdivision application, unless waived by the city engineer.
3. The proposed subdivision should have one or more new lots in the regulatory floodplain set aside for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency. The density of the development in the portion of the development outside the regulatory floodplain may be increased in accordance with applicable land use and subdivision regulations.
4. If a parcel has a buildable site outside the regulatory floodplain, it shall not be subdivided to create a new lot, tract, or parcel within a binding site plan that does not have a buildable site outside the regulatory floodplain. This provision does not apply to lots set aside from development and preserved as open space.
E. Adjacent Streets. When any public street lying adjacent to the property being short subdivided has insufficient width or for any other reason does not conform to minimum street standards, in accordance with the city design and construction standards, sufficient additional right-of-way shall be dedicated to the city and appropriate improvements shall be made by the subdivider to conform the abutting half of the street to such standards consistent with Chapter 12.64A ACC. Deferral of such improvement requirements shall be in conformance with the city of Auburn design and construction standards.
F. Access.
1. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street or shall be served by a private street, access easement, tract or panhandle having direct access to such a public street. Where private streets and access easements are provided, they shall be improved or guaranteed to the city of Auburn and be in conformance with the city of Auburn design and construction standards.
2. All private streets, access easements and panhandles shall be capable of meeting the fire access requirements of Chapter 15.36A ACC and the development standards of Chapters 17.14 and 18.31 ACC, in addition to any other requirements of this title, including, but not limited to, an adequate surface for access and minimum turnaround requirements on dead-end streets or access easements as specified by the fire department.
3. All proposals shall ensure that all buildable lots shall have at least one access road connected to land outside the regulatory floodplain with the surface of the road at or above the FPE.
G. Dedication of Streets. Dedication of a public street or streets may be required, whenever the city engineer finds that one or more of the following conditions applies:
1. The general alignment of a proposed private street, access easement or panhandle follows the general alignment of a future arterial as shown in the comprehensive plan; or
2. The general alignment of a proposed private street, access easement or panhandle can be reasonably modified to provide a desirable through-connection between two or more existing or planned public streets or arterials; or
3. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision.
H. Fire Hydrants. All lots within a short subdivision shall be capable of being served by a fire hydrant as required by Chapter 13.16 ACC. Property zoned RC, residential conservancy, may be exempt, provided the requirements of ACC 13.16.030 are met.
I. The final recorded subdivision plat shall include a notice that part of the property is in the SFHA, riparian habitat zone and/or channel migration area, as appropriate. (Ord. 6295 § 6, 2010; Ord. 6239 § 1, 2009; Ord. 6186 § 12, 2008; Ord. 6006 § 3, 2006. Formerly 17.14.055)
17.09.060 Preliminary short subdivision approval.
A. Preliminary Short Subdivision Approval. The director or designee shall issue a written decision approving, approving with conditions or denying a preliminary short subdivision. In making a decision, the director or designee shall use the following criteria in deciding on an application:
1. Consistency with Chapter 58.17 RCW (Plats – Subdivisions – Dedications);
2. Consistency with applicable provisions of the city of Auburn comprehensive plan;
3. Consistency with the city of Auburn capital facilities plan;
4. Consistency with the city of Auburn engineering design and construction standards;
5. Consistency with applicable provisions of ACC Title 12 (Streets, Sidewalks and Public Works);
6. Consistency with applicable provisions of ACC Title 13 (Water, Sewers and Public Utilities);
7. Consistency with applicable provisions of ACC Title 15 (Buildings and Construction);
8. Consistency with applicable provisions of ACC Title 16 (Environment);
9. Consistency with applicable provisions of ACC Title 18 (Zoning);
10. Consistency with applicable provisions of ACC Title 19 (Impact Fees).
B. Upon receiving a complete application for short subdivision approval, the planning director shall transmit a copy of the short subdivision, together with copies of any accompanying documents as the director deems appropriate, to the following:
1. City engineer, who shall review the proposed short subdivision with regard to its conformance to the general purposes of adopted traffic and utility plans; adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer; and conformance to any applicable improvement standards and specifications and compliance with Chapter 58.09 RCW and Chapter 332-130 WAC;
2. Fire marshal, who shall review the proposed short subdivision with regard to adequate provisions for emergency access and fire suppression requirements;
3. City building official, who shall assess building code compliance issues, as applicable, addressing requirements for each lot within the proposed short subdivision;
4. Any other city department, utility provider, school district or other public or private entity as the director deems appropriate.
C. Conditions and Restrictions. The director or designee shall include in the written decision any conditions and restrictions that he or she determines are reasonably necessary to mitigate any undesirable impacts of granting approval. Any conditions and restrictions that are included by the director or designee become part of the decision and are enforceable.
D. Contents of Written Decision. The director or designee shall include the following in the written decision:
1. A statement granting, modifying and granting with conditions or denying the short subdivision application.
2. Any conditions or restrictions imposed as part of the approval of the short subdivision application.
3. A statement of facts presented to the director that support the decision, including any conditions and restrictions that are imposed.
4. A statement of the director’s conclusions based on those facts.
5. A statement of the criteria used by the director in making the decision.
6. A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW, if applicable.
7. The date of the decision.
8. A summary of the rights, as established in this chapter, of the applicant and others to request consideration and to appeal the decision of the director. (Ord. 6239 § 1, 2009.)
17.09.070 Final short subdivision approval.
A. Timeframe for Final Short Subdivision Approval. A final short subdivision meeting all requirements of this title and the conditions and requirements of the written decision granting preliminary short subdivision approval shall be submitted to the Auburn planning and development department within five years of the date of preliminary short subdivision approval, unless otherwise extended by the director or designee.
B. Procedures. Final short subdivision applications shall be processed as a Type II land use action.
C. Application. An application for final short subdivision approval meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the department of planning and development accompanied by the following:
1. Application materials consistent with the requirements of ACC 17.02.065.
2. A copy of the approved preliminary short subdivision.
3. A final short subdivision drawing 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. The map and legal descriptions included in the application for final short subdivision shall be prepared and certified by a professional land surveyor licensed in the state of Washington in a format acceptable to the city of Auburn and the Survey Recording Act.
6. A title insurance report, not older than 30 days prior to the date of application, confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final short subdivision’s certificate.
7. Computation data for all lots, streets and easements located within the plat.
8. Failure of an applicant to submit all required application materials shall be considered a lack of compliance with this section, and the director or designee may withhold the application from further consideration until such time as the application is complete.
9. Declaration blocks shall be provided for the original tract owner, surveyor, approving governmental agencies, and recording certification, in a manner as prescribed by the director.
10. Proof of the date of last legal segregation of the parcel of land to be short subdivided, if deemed necessary by the planning director.
11. Copy of restrictions, if any, to be imposed upon the use of the land. Such restrictions must be recorded simultaneously with the short subdivision.
12. In any short subdivision where lots are served or to be served by a private road, the subdivider shall furnish a copy of such further covenants or documents that will result in:
a. Each lot owner having access thereto and having responsibility for maintenance of any private road contained within the short subdivision in such a condition as to allow free access for emergency vehicles;
b. Such covenants or documents shall obligate any seller to give actual notice to any prospective purchaser of the method of maintenance of the private road, which notice shall be caused to be included in any deeds or contracts relating to such sale and such covenants or documents shall be recorded simultaneously with the short subdivision.
D. Preparation. The final short subdivision 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 final short subdivision, certify that the final short subdivision 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.
E. 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 short subdivision 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 short subdivision shall be in reproducible black ink.
F. Final Short Subdivision Contents. A final short subdivision drawing shall contain the following information:
1. The name of the short subdivision, if applicable;
2. Legal description of the property being subdivided;
3. Numeric scale, graphic scale, basis of bearings and date of preparation of the final short subdivision;
4. The boundary line of the short subdivision, referenced to city datum in accordance with 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 short subdivision;
6. A table depicting the assigned address for each lot within the short 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 short 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 short subdivision, as required by the director, or at the discretion of the property owner;
17. A signed certification stating that the short subdivision has been made with the free consent, and in accordance with the desires, of the owner or owners. If the short subdivision 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;
18. Forms for the appropriate certifications of the city engineer and planning director, as follows:
CITY ENGINEER’S CERTIFICATE
I hereby certify that this short 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 short 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 short plat was approved on the ______ day of ______________, 20____,
20. A form for the approval of the applicable county (King/Pierce) 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
21. A form for the certificate of the applicable county recorder (King/Pierce), 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
22. Any additional pertinent information as required at the discretion of the city engineer or planning director.
G. Decision-Making Criteria for Final Short Subdivision Approval. The following criteria shall be used by the director or designee in consideration of final short subdivision approval:
1. Whether conditions imposed when the preliminary short subdivision was approved have been met;
2. The completion of the required improvements or their financial guarantee in conformance with Chapter 17.14 ACC;
3. Whether the final short subdivision is in conformance with the city’s zoning regulations and all other applicable land use regulations;
4. The director or designee shall not approve a final short subdivision until he or she determines that it conforms to the approved preliminary short subdivision and any conditions and restrictions imposed at time of preliminary approval. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.)
17.09.080 Distribution and filing.
The Mylar original of the approved final short subdivision shall be forwarded to the appropriate county office for recording. The final short subdivision must be recorded within 30 days or the final short subdivision shall become null and void. A recorded Mylar copy shall be provided to the city and applicant. (Ord. 6239 § 1, 2009; Ord. 6061 § 4, 2006; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.070)
17.09.090 Conditional approval requirements.
Where a short subdivision is approved subject to conditions, no building permit shall be issued for property subject to the short subdivision prior to the conditions either being fulfilled or guarantees provided to ensure the conditions are met. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.080)
17.09.100 Release of improvement guarantee.
If the required public improvements have been financially secured as provided in ACC 17.14.010, such guarantee will be released in conformance with the applicable facility extension agreement as required in Chapter 13.40 ACC. (Ord. 6239 § 1, 2009; Ord. 6006 § 3, 2006; Ord. 5164 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988. Formerly 17.14.090)
17.09.110 Time limitations.
A. Preliminary approvals for short subdivisions shall be valid for a period of five years following the date of the notice of final decision; provided, that for any preliminary approval in effect on June 10, 2010, through December 31, 2014, the approvals shall be for a period of seven years following the date of the notice.
B. Extensions. The director or designee may administratively authorize through a Type I land use action extensions to preliminary short subdivision approvals. For purposes of this section, the authority to issue extensions shall apply to preliminary short subdivision approvals previously issued by the city. Extensions shall be issued in one-year increments up to a maximum of three years, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a minimum of 30 calendar days prior to expiration of the preliminary short subdivision approval.
2. The director or designee shall in consideration of granting an extension find:
a. There have not been any substantial changes in the laws governing the development of the short subdivision, with which lack of compliance would be contrary to the public health, safety and welfare; or
b. The applicant has pursued final platting in good faith. Good faith shall be evidenced by progress on final surveying, engineering, construction or bonding of improvements; or
c. There have been substantial changes in economic conditions and market forces that have substantively limited the ability of the applicant to pursue final platting.
3. A condition of any extension approval shall be that the subject short subdivision shall comply with state or federal mandates required of the city and/or life, health and safety requirements of the city in effect at the time of any extension approval.
C. At the same time the director or designee is considering the extension, he or she may add conditions or requirements upon factual determination that the addition of conditions or requirements will benefit the public health, safety and welfare.
D. A short subdivision granted preliminary approval, but not filed for final plat approval within the applicable time period or extended time period, shall be void. (Ord. 6317 § 1, 2010; Ord. 6239 § 1, 2009.)
17.09.120 Terms of approval.
A short subdivision shall be governed by the terms of approval of the final short subdivision and the zoning ordinance and regulations in effect on the date of preliminary short subdivision approval for a period of five years after final short subdivision approval; provided, that for any final short subdivision 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 § 2, 2010.)