Chapter 18.13 SUBDIVISIONS

The purpose of this chapter is to provide rules, regulations, requirements and standards for the subdivision of land within the City, ensuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space and services shall be made; and that the goals and policies of the Comprehensive Plan are furthered through the subdivision of land. (Ord. 2108 § 13.1.1, 1996; Ord. 1326, 1978).

18.13.020 Scope.

A. This chapter shall apply to the division of any land for sale, lease, transfer, or building development into two (2) or more parcels.

B. No person, firm or corporation proposing to make, or having made, any division of land as described above within the City limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short subdivision or subdivision in accordance with this Code. City Building Permits shall not be issued concerning construction on any lot or lots created by short subdivisions or subdivisions within the City without evidence that the necessary City approval has been obtained and required improvements have been completed or necessary bonds have been posted for the completion of improvements.

C. Exceptions: The provisions of this chapter shall not apply to:

1. Cemeteries and other burial plots while used for that purpose;

2. Divisions made by testamentary provisions, or the laws of descent;

3. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the City has approved a binding site plan for the use of the land in accordance with City regulations;

4. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

5. Portions of property deeded to the City for the limited purpose of providing a right-of-way and/or utility facilities, such as but not limited to a pumphouse, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the Planning Director/Manager is received;

6. Divisions of land into lots or tracts classified for industrial or commercial use when the City has approved a binding site plan for the use of the land in accordance with local regulations; and

7. Divisions of land into lots or tracts if:

a. The improvements constructed or to be constructed thereon will be included in one (1) or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have membership or other legal or beneficial interest;

b. The City has approved a binding site plan for all such land; and

c. The binding site plan contains thereon the following statement: “All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one (1) or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ association have a membership or other legal or beneficial interest.” (Ord. 2108 § 13.1.2, 1996; Ord. 1326, 1978).

18.13.030 State enabling legislation as it applies to this chapter.

This chapter is adopted pursuant to Chapter 58.17 RCW. (Ord. 2108 § 13.1.5, 1996; Ord. 1326, 1978).

18.13.040 Administering authority.

A. The Planning Department is responsible for the administration and coordination of this Code.

B. Short (Plat) Subdivision: The Planning Director/Manager shall review the short subdivision through the Level 2 Review process and make the decision whether to approve, approve with conditions or deny a proposed short subdivision. The decision of the Planning Director/Manager is appealable to the Hearing Examiner.

C. Preliminary Plats: Through a Level 4 Review process, the Planning Director/Manager shall ensure the review of all preliminary plats by appropriate City departments. Based upon the review, the Hearing Examiner shall hold a public hearing on all preliminary plats.

D. Final Plats: Through a Level 4 Review process, the Planning Director/Manager shall ensure the review of all final plats by appropriate City departments. Based upon the review, the Planning Director/Manager shall prepare a recommendation to the Hearing Examiner. The Hearing Examiner shall hold a public meeting on all final plats. The Hearing Examiner shall have sole authority to approve all final plats. The decision of the Hearing Examiner is appealable to the City Council. (Ord. 2283 § 4, 2000; Ord. 2108 § 13.1.6, 1996).

18.13.050 Notification of other agencies.

Notice of the filing of a preliminary plat which is within one thousand (1,000) feet of the municipal boundaries, or which contemplates the use of special use districts or other city’s or town’s utilities, shall be given to the appropriate special districts, County, or City authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a state highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location and purpose of the hearing and a description of the property to be platted. (Ord. 2108 § 13.1.7, 1996; Ord. 1326, 1978).

General Use Provisions – Preliminary and Final Plats

18.13.060 Purpose.

The procedures regulating preliminary and final plats are established to:

A. Promote the orderly and efficient division and redivision of land within the City;

B. Avoid placing undue and unnecessary burdens on both the applicant and the City; and

C. Promote the public health and general welfare, complying with the provisions of Chapter 58.17 RCW. (Ord. 2108 § 13.2.1, 1996; Ord. 1326, 1978).

18.13.070 Scope.

A. Any land being divided into five (5) or more parcels, lots, tracts or sites for any purpose, except any land which has been divided under the short subdivision procedures within five (5) years and those divisions listed under IMC 18.13.020(C), shall conform to the procedures and requirements of the preliminary and final plat section of this chapter.

B. The subdivision process for preliminary and final plats is governed by the Level 4 Review process, involving four (4) basic steps:

1. The applicant shall contact the City staff on an informal basis to discuss the possibility of subdividing the subject area and to acquaint himself with any City regulations or policies with which he may not be familiar.

2. The applicant shall then schedule a pre-application meeting with City staff to obtain feedback on the initial layout of the subdivision and clarify Code requirements affecting layout of lots. is then urged to utilize the tentative plat procedures.

3. The third step is the formal submission and review of the properly prepared preliminary subdivision application.

4. The fourth step is the formal submission and the review of the final subdivision application. (Ord. 2108 § 13.2.2, 1996; Ord. 2032 § 3, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

Preliminary Plats

18.13.080 Application.

A. Application for a preliminary plat shall be filed with the Permit Center on forms provided by the Planning Department.

B. Application fees shall be paid in accordance with the City’s Fee Schedule at the time of submittal.

C. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and this Code (Chapter 18.10 IMC) on environmental policy. The information is a part of and must accompany the preliminary plat application.

D. Copies of the preliminary plat shall be submitted, as required by the Permit Center, which shall be prepared by a land surveyor registered in accordance with the requirements of RCW 18.43.010. (Ord. 2108 § 13.3.2, 1996; Ord. 2032 § 7, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.090 Submittal requirements.

The following shall be part of the preliminary plat:

A. Vicinity Map: Adequate to readily identify the location of the plat in relation to its surrounding vicinity.

B. Preliminary Plat: The preliminary plat shall include all of the following:

1. The subdivision name and number, and the name and address of the land surveyor;

2. The date of preparation, the true north point, a graphic scale and legal description of the property proposed for subdivision. Plats shall be drawn to an appropriate engineering (decimal) scale;

3. All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public open spaces, permanent buildings and structures, and section and municipal corporation lines within or adjacent to the property proposed for subdivision shall be shown. In the case of a resubdivision, the lots, blocks, streets, alleys, easements and parks of the original subdivision being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the subdivision; the new subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and water lines, culverts, or other underground facilities within the property proposed for subdivision indicating pipe sizes, grades and exact location as obtained from public records shall be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be indicated by dotted lines for a distance of three hundred (300) feet from the external boundary of the property proposed for subdivision and shall include the existing land use classification;

4. Mineral Resource Notification: All plats, short plats, development permits and building permits issued for development activities on, or within five hundred (500) feet of, lands designated as mineral resource lands shall contain a notice that the subject property is within or near designated mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development, and that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. The notice shall also state that processing of off-site mineral materials, including recyclables, may continue after all mineral extraction from the site ends;

5. Existing contours (solid) and proposed contours (dotted) at intervals of five (5) feet or less and references to the United States Coast and Geodetic Survey (U.S.C. and G.S.) datum. All contour lines shall be extended at least one hundred (100) feet beyond the external boundaries of the property proposed for subdivision;

6. The names, location, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations and utilities, together with the purpose and any conditions or limitations of such reservations clearly indicated;

7. Clearly indicate the source of water supply, method of sewage disposal, and manner of surface runoff control;

8. Indicate the approximate dimensions of each lot and all lot and block numbers;

9. Indicate the acreage of land to be subdivided, the number of lots and the area of the smallest lot. (Ord. 2405 § 6, 2004; Ord. 2108 § 13.3.3, 1996; Ord. 1326, 1978).

18.13.100 Referral to other offices.

A preliminary plat application, that has been deemed complete, shall be circulated by the Permit Center to pertinent City departments and public agencies including each public utility agency serving the area in which the property proposed for subdivision is located. Each official or agency may file written recommendations with the Planning Department within twenty-one (21) days of the date of receipt of a complete application. (Ord. 2108 § 13.3.4, 1996; Ord. 1452 § 10(a), 1980; Ord. 1326, 1978).

18.13.110 Planning Department action.

A. The Planning Department may determine that a meeting be conducted to attempt to resolve major issues identified as a result of departmental agency recommendations. Such meeting shall be attended by those departments or agencies responsible for the recommendations and must include the applicant and the Planning Department.

B. The preliminary plat decision is made through the Level 4 Review process. The Planning Department shall assemble and transmit to the Hearing Examiner all pertinent information and departmental recommendations within thirty (30) calendar days from the date of receipt of a complete application, unless the applicant has agreed to an extension of this time. A copy of the material given to the Hearing Examiner shall be provided to the applicant, and an additional copy shall be provided for public review in the Planning Department offices. (Ord. 2108 § 13.3.5, 1996; Ord. 2032 § 8, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.120 Hearing Examiner public hearing.

Repealed by Ord. 2491. (Ord. 2108 § 13.3.6, 1996; Ord. 2032 § 9, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.130 Notice of public hearing.

The Planning Department shall give notice of the time, location, and purpose of the public hearing as established in IMC 18.04.180, Public notification. (Ord. 2491 § 10, 2007; Ord. 2108 § 13.3.7, 1996; Ord. 1326, 1978).

18.13.140 Hearing Examiner action.

A. The Hearing Examiner shall, after review of the preliminary plat, Planning Department recommendation, testimony, and exhibits submitted at the public hearing, approve, conditionally approve, or disapprove the preliminary plat.

B. Prior to any approval of the preliminary plat, all minimum street and utility improvements or reasonable conditions deemed necessary to fulfill the purpose of the subdivision code shall be specified by the Hearing Examiner and the applicant shall be advised of such.

C. Approval of a preliminary plat shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, as required, in strict conformance to the approved preliminary plat, design standards, and any special conditions required by the Hearing Examiner, and to prepare a final plat. (Ord. 2108 § 13.3.8, 1996; Ord. 2032 § 11, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.150 Time limitation.

The City shall issue notice of final decision on a preliminary plat within one hundred twenty (120) days after the applicant is notified of a complete application, unless the applicant consents to an extension of such time period, in accordance with Chapter 36.70B RCW. (Ord. 2108 § 13.3.10, 1996).

18.13.160 Expiration.

A. Approval of any preliminary plat shall expire and the preliminary plat shall be considered withdrawn five (5) years from the date of such preliminary plat approval unless an extension of the approval period is granted by the Hearing Examiner pursuant to this section (RCW 36.70A.065).

B. Extensions shall be granted only in one (1) year increments. However, the Hearing Examiner may grant any number of extensions as long as each extension is considered individually.

C. Upon expiration of preliminary plat approval, or any extension of preliminary plat approval, the applicant shall be required to resubmit for preliminary plat approval notwithstanding any improvements completed under the prior approval.

D. The timely and proper submittal of a request for extension of a preliminary plat is the responsibility of the applicant.

E. Requests for extension of preliminary plat approval must be submitted to the Planning Department a minimum of thirty (30) days prior to the expiration date and shall set forth any reasons for justifying the requested extension.

F. A properly submitted request for extension will stay the expiration of the preliminary plat until the Hearing Examiner decision on the extension takes place.

G. Factors to be considered in the Hearing Examiner’s determination shall include, but not be limited to:

1. Evidence of intention on the part of the applicant to complete the plat;

2. Unusual engineering problems, weather, or factors beyond the applicant’s control;

3. Changes in City construction standards and/or land use regulations that might make additional review on the proposed subdivision advisable.

H. If the Hearing Examiner determines that it may be desirable to amend the original approval conditions of the preliminary subdivision, the Hearing Examiner may hold a public hearing on the proposed amendments. (Ord. 2108 § 13.3.11, 1996; Ord. 2032 § 12, 1994; Ord. 2014 § 4, 1993; Ord. 1785 § 1, 1988; Ord. 1439 § 2, 1980).

Final Plats

18.13.170 Application.

A. Application for the final plat shall be filed with the Permit Center on forms supplied by the Planning Department.

B. Application fees shall be paid in accordance with the City’s Fee Schedule at the time of application.

C. The application shall include twelve (12) copies and the reproducible original of the final plat and shall be prepared by a land surveyor in strict conformance with the preliminary plat approval. (Ord. 2108 § 13.4.1, 1996; Ord. 1326, 1978).

18.13.180 General requirements.

A. The final plat, containing all the information specified in this chapter, should be submitted in a neat and legible manner to a scale of one (1) inch representing one hundred (100) feet unless otherwise approved by the Planning Department, on eighteen (18) inch by twenty-two (22) inch drafting sheets.

B. All documents, maps, survey calculations, and notes shall contain the name of the subdivision, the name of the applicant and the name of the land surveyor responsible to the applicant. (Ord. 2108 § 13.4.2, 1996; Ord. 1326, 1978).

18.13.190 Specific requirements.

A. The final plat shall clearly depict the following information:

1. Date, title, name and location of the subdivision, graphic scale, datum plane and true north point;

2. The lines and names of all streets or other public ways, parks, playgrounds, easements, reservations and any area to be dedicated to public use, with notes stating their purpose and any limitations;

3. The lines and names of all existing or platted streets or other public ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines and section lines;

4. All dimensions along the lines of each lot, with the true bearings and sufficient data necessary to readily determine and reproduce on the ground the location, bearing and length of every street line, easement line, lot line, block line and the boundary of the subdivided tract;

5. The lengths and bearings of all straight lines, curve radii, arcs and semitangents of all curves;

6. The location of all permanent control monuments based on Lambert coordinates;

7. Suitable primary control points, approved by the City Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred.

B. All dimensions shall be given in feet and decimals of a foot to the nearest 1/100. All angles and bearings shall be accurately measured in degrees, minutes and seconds.

C. The final plat shall be accompanied by an approved printed computer plat closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries. The maximum allowable surveyed error of closure shall be two hundredths (0.02) feet.

D. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.

E. The final plat shall contain a complete legal description of the land to be subdivided.

F. The final plat shall be accompanied by a letter of certification by the Public Works Director indicating that the subdivision has complied with either of the following alternatives:

1. All improvements have been installed in accordance with the conditions of the preliminary plat and the City’s improvement standards.

2. Certain improvements have been deferred accordance with this chapter (IMC 18.13.260, Deferred Improvements). (Ord. 2108 § 13.4.3, 1996; Ord. 1326, 1978).

18.13.200 Dedications – Certifications.

In addition to other requirements specified in this chapter, the final plat shall contain or be accompanied by the following:

A. Dedication of all streets, rights-of-way, parks, playgrounds, easements, reservations, and any areas to be dedicated to public use, together with any restrictions or limitations thereon;

B. Certification by the land surveyor that a survey has been made and all required monuments and stakes have been or will be properly set;

C. Certification by the responsible agencies that the methods of sewage disposal and water service are acceptable;

D. Certification by the King County Finance Department that taxes have been paid in accordance with RCW 58.08.030 and 58.08.040, and that a deposit has been made with the King County Finance Department in sufficient amount to pay the taxes for the following year;

E. Certification by the City Treasurer (Finance Director) that there are no delinquent special assessments and that all special assessments certified to the City Treasurer (Finance Director) for collection on any property herein contained and dedicated for streets, alleys, or other public uses are paid in full;

F. Certification of approval by the Public Works Department to be signed by the Public Works Director;

G. Certification of approval by the Planning Department to be signed by the Director thereof;

H. The applicant shall furnish the City a Plat Certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances, the certificate dated or updated within ten (10) calendar days prior to the date of Hearing Examiner approval of the final plat. (Ord. 2108 § 13.4.4, 1996; Ord. 2032 § 13, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.210 Required improvements.

Each applicant may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, street lights and name signs, together with all appurtenances thereto, in accordance with specifications and standards of this Code, approved by the Public Works Department, and in accordance with other standards of the City. (Ord. 2108 § 13.4.5, 1996; Ord. 1326, 1978).

18.13.220 Design and review of improvements.

All required improvements shall be designed by a licensed engineer or engineering firm and submitted to the City for review and approval before any construction is started. Improvement designs shall be submitted for review in plan and profile form showing street lines, sanitary sewers, storm sewers, water lines and any similar improvements drawn to a vertical to horizontal ratio of ten (10) to one (1) with any variations to be approved by the City Engineer. (Ord. 2108 § 13.4.6, 1996; Ord. 1326, 1978).

18.13.230 Permits.

Prior to proceeding with any subdivision improvements, the applicant shall obtain those permits from the City as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other federal, state and local agencies. (Ord. 2108 § 13.4.7, 1996; Ord. 1326, 1978).

18.13.240 Supervision and inspection.

A licensed engineer or engineering firm, unless found to be unacceptable to the Public Works Department, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Public Works Department. (Ord. 2108 § 13.4.8, 1996; Ord. 1326, 1978).

18.13.250 As-built plans.

As-built plans shall be turned over to the Public Works Department and shall be on reproducible material acceptable to that department. (Ord. 2108 § 13.4.9, 1996; Ord. 1326, 1978).

18.13.260 Deferred improvements.

A. Written Notice: A final plat shall not be approved by the Hearing Examiner until all required improvements are constructed in a satisfactory manner and approved by the responsible City Departments, or sufficient bond has been satisfactorily posted in lieu of completion. In the event a applicant wishes to defer certain on-site improvements, written notice shall be made to the Planning Department.

B. The applicant shall furnish a performance bond to the City in an amount equal to one hundred fifty (150) percent of the estimated cost of the deferred improvements. The decision of the Public Works Director, regarding the amount of the performance bond, shall be final and conclusive.

C. Time Limit: Such bond, to be filed with and held by the City Clerk, shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within one (1) year from the Notice of Decision of the final plat by the Hearing Examiner. Extensions of this time period may be authorized by the Public Works Director. In the event an extension is authorized, the bond shall be revised to reflect the new completion date.

D. Check in Lieu of Bond: The applicant may substitute a certified or cashier’s check, assignment of funds, or any other method of security acceptable to the City in lieu of a performance bond. Such substitution shall be made payable to the City Treasurer (Finance Director) and shall be in the same amount and carry with it the same restrictions as the bond for which it is substituting.

E. Proceed Against Bond or Other Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other security in lieu thereof.

F. Binding Upon Applicant: The requirement of the posting of any performance bond or other security shall be binding upon the applicant, his heirs, successors and assigns.

G. Notification to Planning Department: The Public Works Director shall notify the Planning Department in writing of the following: the improvements deferred, amount of bond or other security and time limit of such, and any other pertinent information. (Ord. 2108 § 13.4.10, 1996; Ord. 1326, 1978).

18.13.270 Certificate of completion.

The Public Works Director shall inform the Planning Department, in writing, verifying that the applicant has completed the required installations and/or bonding in accordance with the provisions of this Code and the specifications and standards of the departments. (Ord. 2108 § 13.4.11, 1996; Ord. 1326, 1978).

18.13.280 Review – Referral to other departments and agencies.

The Planning Department may distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. (Ord. 2108 § 13.4.12, 1996; Ord. 1326, 1978).

18.13.290 Review – Departmental approval.

Within fifteen (15) calendar days of the date of receipt of a complete final plat application, the Public Works Department shall review the final plat and submit to the Planning Department a written report addressing the following conditions:

A. The proposed final plat bears the required certificates and statements of approval;

B. A title insurance report furnished by the applicant confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the Plat Certificate;

C. The facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final plat a performance bond or other security in conformance with this Code (IMC 18.13.260);

D. The plat is technically correct and accurate as certified by the land surveyor responsible for the plat. (Ord. 2108 § 13.4.13, 1996; Ord. 1326, 1978).

18.13.300 Review – Submission to Hearing Examiner.

The final plat decision is made through the Level 4 Review process. The Planning Department, upon receipt of the Public Works Department report and any other pertinent written comments, shall forward the proposed final plat and written recommendation to the Hearing Examiner within thirty (30) calendar days from the date of receipt of a complete final plat application, unless the applicant has agreed to an extension of this time. (Ord. 2108 § 13.4.14, 1996).

18.13.310 Hearing Examiner.

The Hearing Examiner shall, within one hundred twenty (120) calendar days from the date of receipt of a complete final plat application, approve or disapprove the proposed final plat unless the applicant consents to an extension of such time period. If the Hearing Examiner finds that the proposed plat makes appropriate provisions for the public health, safety, general welfare, and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the Hearing Examiner finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the Hearing Examiner may disapprove the proposed subdivision. (Ord. 2108 § 13.4.15, 1996).

18.13.320 Review – Time limitation.

The City shall issue notice of final decision on a final plat within one hundred twenty (120) days after the applicant is notified of a complete application, unless the applicant consents to an extension of such time period, in accordance with RCW 36.70A.065. (Ord. 2108 § 13.4.16, 1996).

18.13.330 Review – Filing.

Before the final plat is submitted to the Hearing Examiner, it shall be signed by the City Treasurer (Finance Director), Public Works Director and the Planning Director. Upon approval by the Hearing Examiner, it shall be signed by the Mayor and attested by the City Clerk. The filing of the final plat with the King County Department of Records and Elections shall be the responsibility of the applicant. A copy of the recorded plat shall be returned to the Permit Center within ten (10) days of recording. (Ord. 2108 § 13.4.17, 1996).

18.13.340 Review – Extension of approval date.

Final approval by the Hearing Examiner of a portion of the final plat will constitute an automatic extension of one (1) year for the remainder of the final plat from the Notice of Decision approval date. Additional extensions of six (6) months may be granted by the Hearing Examiner. (Ord. 2108 § 13.4.18, 1996; Ord. 1326, 1978).

Short Subdivisions

18.13.350 Purpose.

The procedures regulating short subdivisions are established to promote orderly and efficient division of lots on a small scale, to avoid placing undue and unnecessary burdens on both the applicant and the City, while promoting the public health and general welfare and complying with provisions of Chapter 58.17 RCW. (Ord. 2108 § 13.5.1, 1996; Ord. 1326, 1978).

18.13.360 Scope.

Any land being divided into four (4) or fewer parcels, lots, tracts, or sites for the purpose of sale, lease, transfer or building development, and which has not been divided as part of a short subdivision within a period of five (5) years, shall meet the requirements of the short subdivision section of this chapter. (Ord. 2108 § 13.5.2, 1996; Ord. 1326, 1978).

18.13.370 Principles of acceptability.

The following conditions shall determine the acceptability of short subdivisions:

A. Create legal building sites with respect to zoning and health regulations. Nonbuildable lots may be approved for specific purposes. Such lots shall be marked nonbuildable on the plat;

B. Establish access to a public road for each segregated parcel;

C. Contain suitable physical characteristics; a proposed short plat may be denied because of flood, inundation, swamp conditions or steep slopes; or construction of protective improvements may be required as a condition of approval;

D. Consider adjacent municipal and King County subdivision standards, if applicable, in addition to the requirements of this Code;

E. Provide for adequate drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed necessary. (Ord. 2108 § 13.5.3, 1996; Ord. 1326, 1978).

18.13.380 Application requirements.

A. Application for a short subdivision shall be made with the Permit Center on forms supplied by the Planning Department. The application shall be accompanied by fifteen (15) copies of the short subdivision plat.

B. The short subdivision shall conform to the following requirements:

1. Shall be neat and accurate drawing on the form provided by the Planning Department or on a good grade of paper eight and one-half (8-1/2) inches by eleven (11) inches or eight and one-half (8-1/2) inches by fourteen (14) inches;

2. Shall show how the proposed subdivision will be served by streets and utilities;

3. If required by the City Engineer, the short subdivision submitted shall be accompanied by a perimeter survey;

4. If located in an area subject to flood hazard review, or is judged to be in an area of steep slope, the short subdivision shall be accompanied by a contour map of sufficient accuracy to accomplish that review;

5. If located in a critical area defined as a flood hazard area, shoreline management area, steep slopes area or other area specified by the City, an environmental assessment form shall be filled out and submitted together with the application;

6. If the proposal is not to be sewered, the applicant shall consult with the King County Health Department regarding septic tanks in that vicinity. Perk tests will be required for each lot, except those specifically noted as nonbuildable lots, prior to recording of the approved short subdivision.

C. The application fee shall be paid at the time of application in accordance with the City’s Fee Schedule. (Ord. 2501 § 23, 2007; Ord. 2108 § 13.5.4, 1996; Ord. 1326, 1978).

18.13.390 Review procedures.

The proposed short plats (subdivision) will be reviewed through a Level 2 process (Chapter 18.04 IMC). (Ord. 2552 § 4, 2009; Ord. 2301 § 5, 2001; Ord. 2108 § 13.5.5, 1996; Ord. 2032 § 15, 1994; Ord. 2014 § 4, 1993; Ord. 1645 § 5, 1984; Ord. 1452 § 10(d), 1980; Ord. 1439 § 1, 1980; Ord. 1326, 1978).

18.13.400 Design standards.

A. Lands which the Planning Director/Manager has found to be unsuitable due to flood, inundation, or swamp conditions likely to be harmful to the safety, welfare and general health of the future residents, and the Planning Director/Manager considers inappropriate for development, shall not be subdivided unless adequate means of control have been formulated by the applicant and approved by the Public Works Director.

B. The applicant shall furnish a soil test if required by the Public Works Director. The Public Works Director shall determine whether control measures are warranted. The applicant shall be responsible for the design, installation and expense of any device or corrective measures subject to the approval of the Public Works Director.

C. All lots shall abut upon or have adequate access, by easement or private road, to a dedicated or deeded public right-of-way. In the event that an existing abutting public right-of-way does not meet the minimum width standards, additional right-of-way may be required prior to approval of a short subdivision.

D. The minimum land area for each lot shall be no less than the minimum allowed by this Code (District Standards Table, IMC 18.07.360) for the specific zone in which the proposed short subdivision is planned to be located, plus any additional area to be used for access easement and/or private roadway. (Ord. 2108 § 13.5.6, 1996; Ord. 2032 § 16, 1994; Ord. 2014 § 4, 1993; Ord. 1386 § 1, 1979; Ord. 1326, 1978).

18.13.410 Required improvements.

A. Prior to recommending approval for any short subdivision, the Planning Director/Manager shall determine that the following improvements are available for each parcel created by the division of land:

1. Adequate water supply when necessary;

2. Adequate method of sewage disposal;

3. Provision for appropriate deed, dedications and easements;

4. Storm drainage improvements and storm sewers when necessary;

5. Fire hydrants when necessary;

6. Street and alley paving, and concrete curbs, gutters and sidewalks when necessary;

7. Street lights when necessary;

8. Adequate provisions for sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

B. All improvements shall be constructed in accordance with Chapter 12.04 IMC. All required improvements shall be bonded prior to recording of the short plat.

C. Telephone lines and electric power lines and other similar utility services should be placed underground unless such action would be highly unfeasible as based upon a cost comparison analysis for providing the same services above the surface. The City reserves the right to require undergrounding of such utilities.

D. Other improvements not specifically mentioned in this chapter, but found necessary due to conditions found on the site by the Public Works Director, shall be required.

E. Finished plans of all public improvements as installed shall be required before the City will accept the improvements.

F. Based on the recommendation of the Public Works Director, the Planning Director/Manager may require survey and monumentation of any short plat. (Ord. 2108 § 13.5.7, 1996; Ord. 2032 § 17, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).

18.13.420 Filing of short plats.

All short plats shall be filed with the King County Department of Records and Elections and shall not be deemed formally approved until so filed. The filing of the short plat shall be the responsibility of the applicant. Every short plat filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the short plat is in the name of the applicant. A copy of the recorded plat shall be returned to the Permit Center within ten (10) days of recording. (Ord. 2108 § 13.5.8, 1996).

18.13.430 Limitations on further subdivision.

Any lot created under the requirements of this chapter shall not be further divided for a period of five (5) years without following the procedures for subdivision as set forth in this Code, except that when the short plat contains fewer than four (4) parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five (5) year period to create up to a total of four (4) lots within the original short plat boundaries, in accordance with RCW 58.17.060 (IMC 18.13.060 through 18.13.340). (Ord. 2388 § 16, 2004; Ord. 2108 § 13.5.9, 1996; Ord. 1326, 1978).

Definitions

18.13.440 Definitions.

City Treasurer: City Finance Director.

Development Commission: The Issaquah Development Commission.

Improvements: Streets, curbs, gutters, sidewalks, utility lines, drainage structures, street trees and plantings, and includes other amenities that add to the value, appearance, safety and general welfare of the subdivision or short subdivision, and includes provisions to preserve these conditions.

Lease: A contract or agreement whereby one party grants to another party general or limited rights, title, or interest in real property. This definition is intended to apply to those agreements which are ordinarily considered “ground leases” and shall not apply to those which are ordinarily considered “space leases.”

Lot: A fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term includes tracts or parcels.

Lot, corner: A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines.

Lot frontage: The front of a lot shall be that portion nearest the street except on a corner lot, in which case the front yard shall be considered the narrowest part of the lot that abuts a street.

Lot lines: The property lines bounding the lot.

Lot of record: A lot which is part of a subdivision recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot, through: A lot that has both ends fronting on a street, and either end may be considered front.

Meander line: A line along a body of water intended to be used solely as a reference for surveying.

Metes and bounds: A series of lines around the perimeter of an area known as a metes and bounds description; “metes” mean bearings and distances, and “bounds” mean and refer to monuments both physical and legal.

Official map: The official map of the City, adopted by ordinance, showing existing and future streets.

Performance bond or guarantee: That security which may be accepted in lieu of a requirement that certain improvements be made before the Hearing Examiner approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.

Plat: A map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

Preliminary approval: The official favorable action taken on the preliminary plat of a proposed subdivision, metes and bounds description, or dedication by the Hearing Examiner following a duly advertised public hearing.

Preliminary plat: A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which furnishes a basis for the approval or disapproval of the general layout of a subdivision.

Principal building: The principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

Right-of way: A City-owned strip of land to be used for public roads, bikeways, sidewalks, mass transit, utilities, or similar related public uses.

Segregation: The division of land into two (2) or more “tax parcels” for tax purposes only.

Short plat: A document consisting of a map of a short subdivision together with written certificates, dedications and data.

Short subdivision: The division of land into four (4) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, transfer, or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of dividing or to the land divided.

Subdivision: The division or redivision of land into five (5) or more lots, tracts, parcels, sites or divisions.

Tract: A parcel of land proposed for subdivision or subdividing. (Ord. 2283 § 2, 2000; Ord. 2108 § 13.6, 1996; Ord. 2032 § 2, 1994; Ord. 2014 § 4, 1993; Ord. 1326, 1978).