Chapter 17.12
PROCEDURE

Sections:

17.12.010    Approval required.

17.12.020    General requirements.

17.12.030    Specific requirements.

17.12.010 Approval required.

Persons proposing to make a subdivision of land shall not proceed with any construction work on said subdivision until they have obtained preliminary plat approval of the subdivision, or in the case of a short plat, approval by the administrator in accordance with the provisions of this code. (Ord. 1061, 1995)

17.12.020 General requirements.

A.    Preliminary approval of a proposed plat shall be effective for a period not to exceed seven years.* Preliminary subdivision approval shall be valid for seven years, rather than five years, and the vesting period for approved final plats will be extended from five to seven years until December 31, 2014. The subdivision administrator may extend such tentative approval for not more than two additional years; provided, the subdivider shows evidence of satisfactory progress toward completion of the final plat. A final plat may be presented for final approval of any portion of a subdivision for which the proposed plat has received preliminary approval.

B.    Upon review and approval by the city engineer of the installation of the required infrastructure and upon finding by the subdivision administrator that the final plat is in substantial conformance with the preliminary plat and the conditions of approval of said plat shall be as recommended by the hearing authority and approved by the city council, the final plat shall be submitted to the city council for approval at a regularly scheduled meeting. If the city council finds that the final plat is in conformance with the preliminary plat and the conditions of approval, the city council shall approve the final plat. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city council may accept a bond or other surety providing for and securing to the city the actual construction and installation of such improvements within a period specified by the city council and expressed in the bonds or other surety.

C.    Upon obtaining all required signatures, the final plat shall be presented to the auditor of Snohomish County for filing for record. After the plat has been filed for record it shall be known as an authorized plat and the subdivision or dedication shall be known as an authorized subdivision or dedication.

D.    If the proposed final plat is not in substantial conformance with the preliminary plat, the subdivision administrator shall notify the subdivider within twenty-eight days of the date of submittal, and shall schedule a review of the proposed final plat before the hearing authority within thirty days of the date of said notification of subdivider. The administrator shall prepare a report to the hearing authority which describes the differences between the preliminary plat and the proposed final plat, describes the circumstances that have created the change, and the impact of the change on the local area and on the subdivision. The administrator shall also make a determination of any additional mitigation necessary resulting from any additional impacts. The hearing authority and the city council shall follow the same review and action procedure as described for a preliminary plat in MMC 17.12.030. (Ord. 008/2011 § 1; Ord. 018/2010 § 1; Ord. 033/2008 § 5; Ord. 1271, 2002; Ord. 1203, 2000; Ord. 1061, 1995)

*    Code reviser’s note: Ordinance 008/2011, Section 1, effective until December 31, 2014, provides, “MMC 17.12.020(A) is amended to be consistent with state law and provide that the preliminary subdivision approval shall be valid for seven years, rather than five years and the vesting period for approved final plats will be extended from five to seven years until December 31, 2014.”

17.12.030 Specific requirements.

A.    Any person desiring to subdivide land in the city shall submit a complete application for preliminary plat approval to the administrator, on forms authorized by the city. All permits required in conjunction with a subdivision application such as rezones, variances, planned residential developments, SEPA, site plan approvals, and similar quasi-judicial or administrative actions shall be processed concurrently with the preliminary plat application.

B.    The administrator shall determine if an application is complete within twenty-eight days of the date the application is filed with the city. If an application is incomplete, the administrator shall notify the applicant as to the information needed by the city to be considered a complete application.

C.    Upon acceptance of the subdivision application as complete, the administrator shall affix a file number and the date of acceptance of the application and promptly forward copies of the preliminary plat to the city engineer and other departments and agencies having jurisdiction for their review and recommendations.

D.    Each of the departments, districts, public officials, utility companies, or public agencies to which the application has been submitted shall have twenty days from the date the preliminary plat was mailed within which to forward to the administrator written reports of its findings and recommendations thereon.

E.    The administrator shall make a report and recommendations to the hearing authority and obtain and transmit recommendations to the hearing authority from other departments and agencies to which the application was referred.

1.    City Planner. The city planner shall submit a report to the administrator which shall include, but not be limited to:

a.    Whether the proposed subdivision follows all zoning regulations, development standards, and ordinances;

b.    If the proposed subdivision is in compliance with the comprehensive plan; and

c.    Complete documents have been submitted pursuant to the State Environmental Policy Act (SEPA).

2.    City Engineer. The city engineer shall submit a preliminary report to the administrator as to any required initial engineering for the proposed subdivision including, but not limited to:

a.    The proposed street system, sewage disposal system, storm sewer system, and water supply system;

b.    Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to ensure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the hearing authority’s report and for transmittal to the city council;

c.    Improvements required pursuant to this title;

d.    Any easements required to be replaced, to be relocated or to be abandoned;

e.    Effects of the proposed subdivision on other public works under the engineer’s jurisdiction.

3.    Public Safety Officials. The city’s chief public safety officials shall submit a report on:

a.    The adequacy of access for emergency vehicles;

b.    Recommendations on improving public safety and protection;

c.    Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.

F.    To assist in determining the public interest to be served by the proposed subdivision or dedication, the city shall hold one consolidated public hearing. Public notice procedures shall be in conformance with Chapter 21.40 MMC.

Such notice shall clearly indicate the purpose, time, and place of the proposed hearing and if the subdivider seeks any modification of the provisions of this code.

G.    Subsequent to such public hearing, but no more than ninety days from the date the application was determined to be complete, the hearing authority shall inform the subdivider, in written findings of fact, of its decision.

H.    If the hearing authority finds the criteria set forth herein is not met, it may recommend approval with conditions or it may recommend denial of the proposed preliminary plat. The hearing authority shall inquire into how the public interest of future residents of the preliminary plat are to be served by the subdivision and its dedications. It shall determine if provisions are made to protect the public health, safety and general welfare by the provision of open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds and shall consider all other relevant facts and determine whether the public interest of the future residents of the subdivision will be served by the dedications therein:

1.    The hearing authority shall consider if the proposed subdivision conforms to the comprehensive plan and the Shoreline Master Program;

2.    The hearing authority shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of a proposed plat because of improper protection from floods, inundation or wetland conditions;

3.    All identified direct impacts must be mitigated or meet concurrency as set forth in MMC Title 20.

I.    If the hearing authority finds the items set forth in this section are met, a recommendation of approval of the preliminary plat shall be forwarded to the city council.

J.    Conditions or recommendation shall be precisely recited in the hearing authority’s report to the council. Every recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the recommendation, including findings that the proposed subdivision is in conformity with MMC Title 18 and all other existing land use controls.

K.    Preliminary plats for any proposed subdivision including any dedications shall be approved, approved with conditions, disapproved, or returned to the applicant by the city for modification or correction within ninety days from date the application was deemed complete unless the applicant consents to an extension of such time period; provided, that if an Environmental Impact Statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent in preparing and circulating the Environmental Impact Statement. If preliminary approval is withheld, the city shall clearly indicate what changes or additional material is necessary to obtain preliminary approval.

L.    Upon receipt of the hearing authority’s recommendation, and at a scheduled meeting for considering the preliminary plat, the council shall:

1.    Adopt, reject or amend the recommendations of the hearing authority or return the preliminary plat to the hearing authority for further consideration. The council shall consider the same factors and criteria as reviewed by the hearing authority in making its decision on the proposed preliminary plat.

2.    The council may adopt all or part of the hearing authority’s findings or make separate findings to support its decision. Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and the public hearing shall be kept by the city and shall be open to public inspection.

3.    Dedication of land and/or the construction of improvements may be required as a condition of subdivision approval. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any waiver is effective. Such waiver may be required by the city as a condition of approval. The council shall not, as a condition of the approval of any plat, require a release from damages to be procured from other property owners.

M.    If preliminary approval is given, the subdivider shall provide assurance that, before they request final approval, installation of improvements will be carried out under the supervision of the city engineer in accordance with the following provisions:

1.    Furnishing a subdivision improvement financial security, in an amount approved by the city engineer;

2.    Actual installation of the improvements in accordance with provisions of Chapter 17.24 MMC;

3.    A combination of the above, satisfactory to the city engineer.

N.    On completion of installation of improvement as set forth above, the city engineer shall make an inspection, and, if satisfied the work is in accordance with the approved specification, shall notify the subdivider that they may prepare a final plat for approval. Prior to submitting a final plat, the subdivider shall furnish the city with a maintenance financial security for a period not to exceed two years in an amount set by the city engineer.

O.    The subdivider shall submit a final plat to the administrator, in accordance with the provisions of Chapter 17.28 MMC, Final Plats. The administrator shall submit copies of the final plat to the city engineer for final review and recommendation. The application shall be accompanied by a filing fee in an amount established by the city council by periodic resolution. The administrator shall determine if the application is sufficiently complete and contains sufficient information to support review by the appropriate departments. If an application is determined to be incomplete or unclear as to its intent or design, the final plat shall be returned to the applicant for completion and clarification. Notification of the completeness of the final plat application shall be made within twenty-eight days of submission of the final plat.

P.    Interested public agencies shall return their comments to the administrator within twenty days of the date the application was determined to be complete.

Q.    The administrator shall review these comments and make a determination of completeness within sixty days of the date the application was determined to be complete.

R.    The administrator’s decision shall clearly indicate to the subdivider what changes will be necessary to obtain approval.

S.    After the administrator has given final approval, and before recording, the subdivider shall pay the balance of any fees owed the city.

T.    When the administrator has given approval to the final plat, the subdivider shall have the final plat recorded, at his expense, by the auditor of Snohomish County and it shall then be known as an authorized plat, subdivision or dedication of the land as provided in RCW 58.16.060. (Ord. 033/2008 § 5; Ord. 1203, 2000; Ord. 1177, 1999; Ord. 1061, 1995)