Chapter 17.15
GENERAL

Sections:

17.15.010    Scope of chapter.

17.15.020    Adverse possession lawsuit – Consent or judgment required.

17.15.030    Transfer of land or granting of an easement to a public agency.

17.15.040    Exemptions – Subdivision and short subdivision.

17.15.050    Recording map and legal descriptions.

17.15.060    Review for conformity with other codes, plans and policies.

17.15.070    Determining and maintaining legal status of a lot.

17.15.080    Removing limitations on nonbuilding lots.

17.15.090    Determining innocent purchaser status.

17.15.120    Affidavit of correction.

17.15.130    Vertical and horizontal survey controls.

17.15.140    Financial guarantees.

17.15.150    Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans.

17.15.170    Violations and enforcement.

17.15.190    Rules.

17.15.010 Scope of chapter.

This chapter contains provisions general to the administration of land segregation. Any segregation of land is subject to the provisions of this title except as stated herein. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.020 Adverse possession lawsuit – Consent or judgment required.

Applications for segregation allowed by this title concerning lands on which there is a pending lawsuit for adverse possession will not receive final approval without the consent of the adverse possession claimant or until a trial court judgment settling the lawsuit is entered. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.030 Transfer of land or granting of an easement to a public agency.

The transfer of land or granting of an easement to a public agency for street and utility purposes shall not be considered a segregation of land. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.040 Exemptions – Subdivision and short subdivision.

The subdivision and short subdivision provisions of this title shall not apply to:

A. Divisions of lands for cemeteries and other burial plots while used for that purpose.

B. Divisions of land into lots or tracts that are one-one-hundred-twenty-eighth of a section, or five acres or larger only for the purpose of allowing fee simple purchase or deeding of such lots or tracts to public agencies.

C. Divisions of land made by testamentary provisions or laws of descent.

D. Divisions of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title.

E. An adjustment of boundary lines in accordance with the provisions of this title.

F. Divisions of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the city manager.

G. Divisions of land by binding site plan into lots or tracts classified for industrial or commercial use consistent with the binding site plan provisions of this title.

H. Divisions of land by a public roadway or freeway, as defined by the adopted roadway functional classification system, that is planned, established, financed and constructed by a State or City agency after January 1, 2000.

I. A division for purposes of leasing land for facilities providing personal wireless services while used for that purpose as described in RCW 58.17.040(8).

J. A division of land into lots or tracts of less than three acres to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities as defined in RCW 58.17.040(9). [Ord. 11-0329 § 3 (Exh. 1).]

17.15.050 Recording map and legal descriptions.

The final recording map and legal description of a plat, short plat, boundary line adjustment or binding site plan shall be prepared by a land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC, Surveys and Recording, and be recorded with the King County office of records and elections as required by this title. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.060 Review for conformity with other codes, plans and policies.

Applications for approvals pursuant to this title shall be reviewed in accordance with the applicable procedures of any combination of this title and Chapters 19.25 and 19.30 KMC. Furthermore, applications for subdivisions, short subdivisions and binding site plans may be approved, approved with conditions or denied in accordance with the following adopted rules, regulations, plans and policies including, but not limited to:

A. Chapter 43.21C RCW (SEPA);

B. Chapter 58.17 RCW (Subdivisions);

C. Chapters 36.70A and 36.70B RCW (Growth Management and Project Review);

D. Chapter 1.20 KMC (Code Enforcement);

E. KMC Title 12 (Streets and Bridges);

F. KMC Title 13, Division I (Water and Sewer Systems);

G. KMC Title 13, Division II (Surface and Stormwater Utility);

H. KMC Title 15 (Buildings and Construction);

I. KMC Title 16 (Environment);

J. KMC Title 18 (Zoning);

K. Chapter 19.35 KMC (Environmental Procedures);

L. Administrative rules adopted;

M. Seattle/King County public health rules and regulations;

N. City comprehensive plan;

O. County-wide planning policies;

P. This title. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.070 Determining and maintaining legal status of a lot.

A. A property owner may request that the department determine whether a lot was legally segregated. The property owner shall demonstrate to the satisfaction of the department that a lot was created in compliance with applicable State and local land segregation statutes or codes in effect at the time the lot was created, including, but not limited to, demonstrating that the lot was created:

1. Prior to June 9, 1937, and the lot has been:

a. Provided with approved sewage disposal or water systems or streets; or

b. Conveyed as an individually described parcel to separate, noncontiguous ownerships through a fee simple transfer or purchase prior to October 1, 1972;

c. Recognized prior to October 1, 1972, as a separate tax lot by the county assessor;

2. Through a review and approval process recognized by the City for the creation of four lots or less from June 9, 1937, to October 1, 1972, or the subdivision process on or after June 9, 1937;

3. Through the short subdivision process on or after October 1, 1972; or

4. Through the following alternative means allowed by the State statute or City code:

a. For the raising of agricultural crops or livestock, in parcels greater than 10 acres, between September 3, 1948, and August 11, 1969;

b. For cemeteries or other burial plots, while used for that purpose, on or after August 11, 1969;

c. At a size five acres or greater, recorded between August 11, 1969, and October 1, 1972, and did not contain a dedication;

d. At a size 20 acres or greater, recognized prior to the effective date of this title; provided, however, for remnant lots not less than 17 acres and no more than one per quarter section;

e. Upon a court order entered between August 11, 1969, and July 1, 1974;

f. Through testamentary provisions or the laws of descent after August 10, 1969;

g. Through an assessor’s plat made in accordance with RCW 58.18.010 after August 10, 1969;

h. As a result of deeding land to a public body after April 3, 1977, and that is consistent with the City zoning code, access and Seattle/King County public health requirements so as to qualify as a building site pursuant to KMC 17.10.060; or

i. By a partial fulfillment deed pursuant to a real estate contract recorded prior to October 1, 1972, and no more than four lots were created per the deed.

B. In requesting a determination, the property owner shall submit evidence, deemed acceptable to the department, such as:

1. Recorded subdivisions or division of land into four lots or less;

2. King County or City documents indicating approval of a short subdivision;

3. Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g., Lot 1 and Lot 2); or

4. Historic tax records or other similar evidence, describing the lot as an individual parcel. The department shall give great weight to the existence of historic tax records or tax parcels in making its determination.

C. Once the department has determined that the lot was legally created, the department shall continue to acknowledge the lot as such, unless the property owner re-aggregates or merges the lot with another lot or lots in order to:

1. Create a parcel of land that would qualify as a building site; or

2. Implement a deed restriction or condition, a covenant or court decision.

D. The department’s determination shall not be construed as a guarantee that the lot constitutes a building site as defined in KMC 17.10.060.

E. Re-aggregation of lots after January 1, 2000, shall only be the result of a deliberate action by a property owner expressly requesting a permanent merger of two or more lots. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.080 Removing limitations on nonbuilding lots.

Limitations placed on a nonbuilding lot may be removed and the lot recognized by the City as a building lot by approval of a subdivision, short subdivision, binding site plan or alteration of a plat, short plat or binding site plan. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.090 Determining innocent purchaser status.

A. An innocent purchaser of a parcel divided in violation of City subdivision requirements who files a notarized affidavit of innocent purchase with the department on forms approved by the city manager may seek to establish the parcel’s eligibility for City development approvals and for lawful future conveyance; provided, that nothing herein is intended to exempt development on innocent purchaser lots from compliance with development standards of the City’s zoning code.

B. All contiguous parcels divided in violation of this title that are under common ownership at the time of application for innocent purchaser status shall be recognized only as a single lot.

C. Innocent purchaser status shall not be granted to any individual or group more than once. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.120 Affidavit of correction.

A. Any map page or document on file with the records and elections division under the provisions of this title that contains an error in fact or omission may be amended by an affidavit of correction. The following types of errors may be corrected by affidavit:

1. Any courses, distances or elevations omitted from the recorded document;

2. An error in any courses, distances or elevations shown on the recorded document;

3. An error in the description of the real property shown on the recorded document;

4. An error in the field location of any shown easement; or

5. Any other error or omission where the error or omission is ascertainable from the data shown on the recorded document.

B. Nothing in this section shall be construed to permit changes in courses, distances or elevations for the purpose of redesigning lot or tract configurations.

C. The affidavit of correction shall contain the seal and signature of the land surveyor making the correction.

D. The affidavit of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The notarized signatures of the owners shall be required, if deemed necessary by the department.

E. The affidavit of correction form, as provided by the department, shall be submitted to the department for review and approval and shall include signatures of the development engineer, the city manager, and the King County assessor. After department approval, the affidavit shall be recorded with the records and elections division. Submittals shall include payment of fees as authorized by KMC Title 20. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.130 Vertical and horizontal survey controls.

A. Vertical Requirements. The vertical datum on all engineering plans, plats, binding site plans and short plats shall be the North American Vertical Datum of 1988 (NAVD 88) and shall be tied to at least one City survey control network benchmark. The benchmark will be shown on the plans. If a City survey control network benchmark does not exist within one-half mile of the subject property, or 250 feet or greater of total vertical difference exist between the starting benchmark and the project, an alternate vertical datum may be used.

B. Horizontal Requirements. The horizontal component of all plats, binding site plans and short plats shall have the North American Datum of 1983 (2007) as its coordinate base and basis for bearings. All horizontal control for these projects shall be referenced to a minimum of two City survey horizontal control monuments. If two horizontal control monuments do not exist within one mile of these projects, an alternate coordinate base and basis of bearings may be used. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.140 Financial guarantees.

Notwithstanding any other provision of this title, the city manager is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of KMC Title 21. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.150 Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans.

The applicant shall file the following information with the department in addition to those application requirements described in KMC 19.25.040:

A. A complete permit application, with supporting affidavits, on forms provided by the department;

B. Information requested on the application checklist provided by the department; and

C. Any additional information or materials that the department specifies at the pre-application meeting. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.170 Violations and enforcement.

Any person or entity that violates any provision of this title shall, in addition to any remedies and sanctions provided for under State law, be subject to the enforcement provisions of Chapter 1.20 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

17.15.190 Rules.

The city manager is authorized to adopt rules to implement the provisions of this title. [Ord. 11-0329 § 3 (Exh. 1).]