Chapter 17.24
FINAL LAND DIVISIONS
Sections:
17.24.010 Final plats, short plats, binding site plans, and large lot subdivisions.
17.24.020 Submission of application.
17.24.030 Format and content of application.
17.24.040 Distribution of copies.
17.24.080 Final land division/short plat/binding site plan/large lot subdivision/staff action.
17.24.090 Filing for record – Copies.
17.24.100 Filing for record – Time limit.
17.24.010 Final plats, short plats, binding site plans, and large lot subdivisions.
Recommendations, decision-making authority and appeal authority shall be as provided in TMC 14.08.030.
(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)
17.24.020 Submission of application.
The land divider shall submit ten dark line prints and one stable base polyester film or other approved material to the community development department. When available, a computer disk containing the land division shall also be submitted.
(Ord. O2011-002, Amended, 03/01/2011; Ord. 1308, Amended, 10/15/1991; Ord. 320, Added, 04/21/1953)
17.24.030 Format and content of application.
A. Survey of Land Division and Preparation of Final Land Division Plan. The survey of the proposed land division and preparation of the final land division plan shall be made by or under the supervision of a registered land surveyor who shall certify on the plan that it is a true and correct representation of the lands actually surveyed.
B. Drafting Standards. All final land division plans shall be drawn in accordance with the following:
1. The final plans shall be clearly and legibly drawn in black ink on a medium that is acceptable to the county auditor.
2. The scale of the plans shall be not less than one inch equals two hundred feet. Lettering shall be at least three-thirty-seconds of an inch high. All property lines of all parcels involved in the land division being recorded shall be depicted with heavier lines wider than the regular lines.
3. The size of each sheet shall be eighteen inches by twenty-four inches.
4. A margin line shall be drawn completely around each sheet, leaving a margin of two inches on the left, and one-half inch on each of the other three sides.
5. If more than two sheets are used, an index of the entire land division showing the arrangement of all sheets shall be included. Each shall be appropriately numbered.
6. All signatures placed on the final land division shall be original signatures written in permanent black ink.
C. Street Monuments. The surveyor preparing the land division shall submit a street monumentation plan to the public works department for approval prior to setting any permanent street monuments. The public works department shall determine the number and location of permanent control monuments in streets within and leading into the land division, if any. All street monuments shall conform to the standard specifications of the American Public Works Association.
D. Content.
1. The following information is required on the final land division map:
a. The plat, binding site plan or large lot subdivision title or short plat number, date, scale, north arrow, legend, controlling topography and existing features such as highways and railroads;
b. Legal description of the land division boundaries;
c. Reference points and lines of existing surveys identified, related to the land division as follows:
i. Adjoining corners of adjoining land divisions,
ii. City or county boundary lines when crossing or adjacent to the division,
iii. Section and donation land claim lines within and adjacent to the division,
iv. Whenever any city or Thurston County has established the centerline of a street adjacent to or within the proposed division, the location of this line and monuments found or reset,
v. All other monuments found or established in making the survey or required to be installed by provisions of this title,
vi. The basis of bearing shall be shown and shall be the Tumwater coordinate system;
d. The exact location and width of streets and easements intersecting the boundary of the tract;
e. Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings or deflection angles, radii, arcs, points of curvature, and tangent bearings. Tract boundaries, lot boundaries, and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one-hundredth foot;
f. The width of the portion of streets being dedicated, the width of any existing right-of-way, and the width of each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;
g. Easements denoted by fine dashed lines, clearly identified and, if already of record, their recorded reference. The width of the easement, its length and bearings, and sufficient ties to locate the easement with respect to the land division must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication;
h. Lot numbers beginning with number “1” and numbered consecutively without omission or duplication throughout the division. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Lot numbers in an addition to a land division of the same name shall, where practical, be a continuation of the numbering of the original land division;
i. Lot addresses shall be shown near the lot number and be enclosed in a distinct shape;
j. Accurate outlines and designations of any areas to be dedicated or reserved for public use or to be committed for the common use of all property owners with the purpose of dedication, reservation and commitment to be clearly set forth on the land division document together with accurate references to appropriate recorded documents;
k. All required dedications, endorsements, covenants, affidavits, and certificates shall show on the face of the final land division;
l. The land division plan shall show the land division of the section or sections involved and show the township(s) and range(s); provided, that if the land being divided is not described by section subdivision, the final land division map shall show a vicinity map showing monuments and land corners sufficient to properly orient the new land division;
m. Specific wording as may be required by the preliminary land division approval;
n. A land division contiguous to, or representing a portion of or all of the frontage of, a body of water, river or stream shall indicate the location of monuments, which shall be located at such distance above high-water mark as to reasonably ensure against damage and destruction by flooding or erosion;
o. Lots containing one acre or more shall show net acreage to nearest hundredth, whenever possible;
p. Designation of lots to be used for other than single-family residential purposes;
q. If the land division constitutes a replat of all or portions of an existing division, this shall be clearly indicated just below the division name. All original plat lines shall be shown in half-tone around the perimeter of the new land division.
2. Acknowledgments and Certificates. Acknowledgments and certificates required by this title shall be in language substantially indicated in the following subsections:
a. Dedications. The intention of the owner shall be evidenced by his/her presentation for filing of a final land division clearly showing the dedication thereof and bearing the following certificate signed by all real parties of interest:
Dedication Certificate:
Known to all persons present that _______________, the undersigned owner, in fee simple of the land hereby divided, and ________________, the mortgagee thereof, hereby declare this land division and dedicate to the use of the public forever all streets, avenues, places and sewer easements or whatever public property there is shown on the division and the use for any and all public purposes not inconsistent with the use thereof for public highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, etc. shown on this plat in the reasonable original grading of all the streets, avenues, places, etc. shown hereon. Also the right to drain all streets over and across any lot or lots where water might take a natural course after the street or streets are graded. Also, all claims for damage against any governmental authority are waived which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said roads.
IN WITNESS WHEREOF we set our hands and seals this _____ day of ________, 20____
In the event that a waiver of right of direct access is included, then the certificate shall contain substantially the following additional language:
Access to _______________ street from lots numbered _____________ is hereby waived, and dedication to the public shall in no way be construed to permit a right of direct access to _____________ street from lots numbered __________, nor shall the City of Tumwater or any other local governmental agency within which the property is or may become located ever be required to grant a permit to build or construct an access of approach to said street from said lots.
b. Acknowledgment.
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON )
This is to certify that on this _____ day of ____________, 20____, before me, the undersigned, a notary public, personally appeared ______________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned.
Witness my hand and official seal the day and year first above-written.
(Seal)
__________________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at ___________.
My commission expires: _________________.
c. Restrictions. The following restrictions shall show on the face of the final land division:
i. All landscaped areas in public rights-of-way and common areas shall be maintained by the adjacent property owner(s) or a homeowner association where the property is held in common, and their successor(s). The city, at its discretion, may assume responsibility for maintenance of such landscaped areas for arterial and collector streets when necessary for city road purposes or for local commercial industrial and residential streets when the adjacent owner or homeowner association reimburses the city for maintenance expenses.
ii. Any additional conditions as approved by the staff.
iii. The following shall be required when the division contains a private street:
(A) The cost of construction and maintaining all streets not herein dedicated as public streets shall be the permanent obligation of all of the owners and any corporation in which title of the streets may be held.
iv. The following shall be required when the division contains commonly owned tracts:
(A) Community tracts, including stormwater facilities, shall be permanently owned and maintained in common for the benefit of all lot owners. All lots have an undivided interest in the ownership and maintenance of community areas. The ownership interest in each community tract shall be stated in the deed to each lot.
(B) A Stormwater Maintenance Agreement has been recorded for this property under Auditor’s File #______________.
d. Certificate from Land Surveyor. The completed division must show a certificate from the land surveyor who platted the property, in substantially the following form:
I hereby certify that the Plat of _________, Binding Site Plan ___________, Large Lot Subdivision of __________, or Short Plat #_______, of Section _________, Township ______, Range _______, W.M.; that the distances and courses shown thereon are correct; that the monuments have been set and lot and block corners staked on the ground.
e. Certificates of City Officers. The division shall also show the following certificates:
i. Certificate – Public Works Director.
Examined and approved this __________ day of __________ 20___.
_________________________________________
TUMWATER PUBLIC WORKS DIRECTOR
ii. Certificate – Health Officer. If the land division includes one or more lots which require the use of on-site sewage disposal systems, the certificate of the health officer is required.
Examined and approved this _______ day of _________ 20____.
_________________________________________
HEALTH OFFICER
iii. Certificate – Assessor.
Examined and approved this ______ day of _______ 20______.
__________________________________________
THURSTON COUNTY ASSESSOR
iv. Certificate – Treasurer.
I hereby certify that all taxes on the land described hereon have been fully paid to and including the year _____.
_________________________________________
THURSTON COUNTY TREASURER
v. Certificate – Community Development Director.
Examined and approved this ______ day of _____ 20_____.
________________________________________
TUMWATER DIRECTOR OF COMMUNITY DEVELOPMENT
vi. Certificate – Finance Director.
I hereby certify that all Local Improvement District Assessments on the land described hereon have been fully paid to and including the year ______.
__________________________________________
FINANCE DIRECTOR
CITY OF TUMWATER
vii. Certificate – County Auditor.
Filed for record at the request of __________ this _____day of __________, 20_____, at _____ minutes past _____.m., and recorded in Volume _____ of Plats/short plats/Binding Site Plans/Large Lot Subdivisions on page _______, records of Thurston County, Washington.
__________________________________________
THURSTON COUNTY AUDITOR
_________________________________________
DEPUTY AUDITOR
3. The following supplemental information must be submitted with the final land division map:
a. Mathematical boundary closures of the division showing the error of closure, if any. Calculations may be referenced to the Tumwater coordinate system;
b. The mathematical lot closures and street centerline closures and square footage of each parcel. Calculations may be referenced to the Tumwater coordinate system;
c. A certificate of title by a recognized title insurance company, dated not to exceed thirty days prior to submitting a land division for final approval, showing the names of all persons with a real or possessory interest in the property whose consent is necessary to dedicate streets and other easements shown upon said land division map;
d. Names, addresses and phone numbers of the owner, subdivider, engineer, planner, and/or surveyor;
e. A copy of any deed restrictions applicable to the division;
f. A copy of any dedication requiring separate documents;
g. A certificate by the public works department that the subdivider has complied with one of the following:
i. All improvements have been completed, inspected and approved by city staff; or
ii. An agreement and bond have been executed as provided for in TMC Chapter 17.18 to assure completion of required improvements;
h. A copy of any survey, deed or other document referenced on the face of the final land division map.
(Ord. O2022-013, Amended, 10/04/2022; Ord. O2020-003, Amended, 09/15/2020; Ord. O2018-007, Amended, 10/16/2018; Ord. O2017-022, Amended, 12/05/2017; Ord. O2011-002, Amended, 03/01/2011; Ord. O96-027, Amended, 10/15/1996; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 320, Added, 04/21/1953)
17.24.040 Distribution of copies.
The department of community development shall forward a dark line print to the public works department, county assessor, county health department, county treasurer, fire department, and any other agency responsible for the provision of services or ensuring compliance with conditions of preliminary land division approval. Said agencies shall examine the division for compliance with the provisions of this title.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)
17.24.050 Time to act.
Final land divisions shall be approved, disapproved or returned to the applicant within thirty days from the date of filing unless the applicant consents to an extension of such time period.
(Ord. 1308, Added, 10/15/1991)
17.24.060 Review criteria.
A. The public works and/or community development departments shall examine the map as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations, and such other matters as require checking to ensure compliance with the provisions of state laws pertaining to divisions of land, with this title and with the conditions of approval. Sheets showing the closure of the exterior boundaries and of each irregular lot and the calculation of each lot size shall be furnished. If the final land division is found to be in correct form and the matters shown thereof are sufficient, the public works department shall certify the mylar of the division to the community development department.
B. In addition to a statement of approval from the public works department, the following approvals must be submitted in writing to the community development department prior to its certification of the final land division:
1. Department of Ecology Approval. In those cases where the division is located in a flood control zone as established by Chapter 86.16 RCW, the Department of Ecology shall indicate approval of the division and shall state any special conditions or restrictions deemed by it to be necessary for effective flood protection;
2. Other approvals as may be required in the conditions of preliminary land division approval.
C. If each department/agency determines that the final land division conforms fully with all applicable regulations and standards, they shall then affix their signatures to the final land division map.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)
17.24.080 Final land division/short plat/binding site plan/large lot subdivision/staff action.
In the case of final land divisions, short plats, binding site plans and large lot subdivisions, after being approved as required in TMC 17.24.060, the final land division shall not require city council approval and shall be retained by the staff for filing for record with the county auditor.
(Ord. O2018-007, Amended, 10/16/2018; Ord. 1308, Added, 10/15/1991)
17.24.090 Filing for record – Copies.
The original of all final land divisions shall be filed for record with the county auditor by city staff. Prior to recording one reproducible stable based polyester film copy shall be furnished to the public works department. One paper copy shall be filed by the auditor with the assessor, community development department, health department, and the fire chief. All required paper copies shall bear the auditor’s recording date.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)
17.24.100 Filing for record – Time limit.
Approval of the final land division shall be null and void if the land division is not recorded within thirty days after the date the last required signature has been obtained.
(Ord. 1308, Added, 10/15/1991)