Title 17
SUBDIVISIONS¹

Chapters:

17.04 General Provisions

17.08 Lot Line Adjustments

17.12 Short Subdivisions

17.16 Full Subdivisions

17.26 Binding Site Plans

17.28 Subdivision Development Standards

Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010 Short title.

17.04.020 General authority.

17.04.030 Purpose.

17.04.040 Scope.

17.04.050 Undefined words and phrases.

17.04.060 Definitions.

17.04.065 Application of chapter 15.06 SMC.

17.04.070 Violation – Penalty.

17.04.010 Short title.

The ordinance codified in this title, together with any amendments, shall be known as the “Sumner land division ordinance.” (Ord. 1763 § 1 (part), 1996)

17.04.020 General authority.

The ordinance codified in this title is adopted under the authority of chapters 35A.58 and 58.17 RCW. (Ord. 1763 § 1 (part), 1996)

17.04.030 Purpose.

The purpose of this title is to regulate the division of land lying within the corporate limits of the city of Sumner, and to promote the public health, safety, and general welfare in accordance with the standards established by the state and the city, and to:

A. Prevent the overcrowding of land;

B. Lessen congestion and promote safe and convenient travel by the public on streets and highways;

C. Promote the effective use of land;

D. Facilitate adequate provision for water, sewage, drainage, streets, schools, parks, recreational areas, and other public requirements;

E. Require uniform monumenting of land divisions and conveyance by accurate legal description; and

F. Implement the goals, objectives and policies of the Sumner comprehensive plan. (Ord. 1763 § 1 (part), 1996)

17.04.040 Scope.

A. This title applies to the division of land of up to four parcels for short subdivisions, and of five or more for full subdivisions.

B. Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions as set forth in this title.

C. Where this title imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this title shall prevail.

D. This title does not apply to the division of lots which result in tracts of 20 or more acres.

E. This title does not apply to cemeteries and other burial plots while used for that purpose, divisions made by testamentary provisions, or the laws of descent, 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, a division for the purpose of lease when no residential structure other than manufactured 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 local regulations, or a division subject to the conditions of a binding site plan as approved by the city. (Ord. 1763 § 1 (part), 1996)

17.04.050 Undefined words and phrases.

The definition of any word or phrase not listed in the definitions which is in question when administering this title shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number 1, but if it is not available there, then source number 2 may be used and so on. The sources are as follows:

1. Any city of Sumner resolution, ordinance, code or regulation;

2. Any statute or regulation of the state of Washington;

3. Legal definitions from Washington common law or a law dictionary;

4. The common dictionary. (Ord. 1763 § 1 (part), 1996)

17.04.060 Definitions.

For the purpose of this title, certain words and terms used in this title are defined as follows:

“Alley” means a public thoroughfare through a block giving only a secondary means of access to the rear of abutting property. Access is usually limited to on-site vehicular parking and utility service.

“Applicant” means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or authorized representative of such owner or owners.

“Application” means all of the application forms, plans and accompanying documents required for any particular land division or lot line adjustment request.

“Binding site plan” means a drawing to appropriate scale which:

1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;

2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city of Sumner; and

3. Contains provisions making any development be in conformity with the site plan.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Building envelope” refers to the buildable area of a lot after applicable setbacks, easements and other restrictions on the lot are taken into account.

“City engineer” means the city of Sumner engineer or designee.

“Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of residents of a subdivision. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision.

“Cul-de-sac” means a short street having one end open to traffic and being terminated at the other end by an approved vehicular turn-around.

“Dedication” means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

“Development permit” means any permit issued by the city of Sumner allowing the physical alteration of real property including, but not limited to, building construction, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, short subdivision, or lot line adjustment is not considered a “development permit” for the purposes of this title.

“Director”, unless otherwise specified, means the director of the city’s community development department or the director’s designee.

“Division of land” means the subdivision of any parcel of land into two or more parcels.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title, and all other applicable codes and ordinances.

“Homeowners association” means an incorporated nonprofit organization operating under recorded land agreements through which:

1. Each lot owner is automatically a member;

2. Each lot is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining common property; and

3. A charge if unpaid becomes a lien against the property.

“Improvements” means the approval of the necessary departments for the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this title to be constructed in conjunction with any particular land division.

“Land division” means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by full subdivision or short subdivision.

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term includes tracts of parcels.

“Lot, corner” means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees.

“Lot frontage” means the boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a private street, easement or accessway. On an interior lot, it is the lot line abutting a street; or, on a pipestem (flag) lot, it is the interior lot line most parallel to and nearest the public street from which access is obtained. On a corner lot the front yard shall be determined by the director to be the yard which best conforms to the pattern of the adjacent block faces. On a “through lot”, both street lines shall be deemed front lot lines.

“Lot line adjustment” means the relocation of the boundaries of a lot, in which the relocation does not result in the creation of any additional lot or lots.

“Lot of record” means a lot as shown on an officially recorded plat or short plat or a parcel of land officially recorded or registered as a unit of property and is described by metes and bounds, and lawfully established on the date of recording of the instrument first referencing the lot.

“Lot splits” means the division of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale or lease.

“Lot, through” means a lot that has both ends fronting on a street; both ends will be considered front.

“Meander line” means a line along a body of water intended to be used solely as a reference for surveying.

“Panhandle” means an irregular extension or protrusion of a lot created for the purpose of providing such lot with frontage on a public or private street or accessway.

“Piggyback or accumulative short subdivision” means multiple short subdivision of contiguous land under common ownership. Ownership for purposes of this section means ownership as established at the date of the initial short subdivision approval.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, lots, blocks and other elements of a subdivision consistent with the provisions of this title.

“Private street” means a street that is not deeded to the city and is used for access to lots which do not border on a public street. This includes, but is not limited to, access easements, pipestems, and panhandles accessing short subdivisions.

“Public way” means any publicly owned land set aside for surface transportation purposes, including vehicular, bicycle and pedestrian transportation, whether improved or not improved.

“Roadway” means that portion of an approved street intended for the accommodation of vehicular traffic, generally between curb lines on an improved surface.

“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county assessor, and containing all elements and requirements as set forth by this title.

“Street” means a public or private thoroughfare or easement which affords primary means of access. For the purposes of this title, the definition of street includes all public and private utilities such as communication lines, cable television lines, electrical lines and equipment, natural gas distribution lines, storm water, water and sewer facilities, and other similar facilities commonly found in street rights-of-way.

“Street, public” means an approved street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel.

“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Subdivision, full” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Subdivision, phased” means a subdivision which is developed in increments over a period of time.

“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 2253 § 1, 2008; Ord. 1886 § 1, 1999; Ord. 1763 § 1 (part), 1996)

17.04.065 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this title. (Ord. 1782 § 36 (part), 1996: Ord. 1763 § 1(B), 1996)

17.04.070 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this title shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 36 (part), 1996: Ord. 1763 § 1(C), 1996)

Chapter 17.08
LOT LINE ADJUSTMENTS

Sections:

17.08.005 Purpose.

17.08.010 Scope.

17.08.015 Approval criteria.

17.08.020 Additional information where future on-site sewage disposal is anticipated.

17.08.030 Application.

17.08.040 Review procedures.

17.08.005 Purpose.

The purpose of this chapter is to clearly delineate the criteria used by the city of Sumner to review boundary line adjustments. Boundary line adjustments provide a procedure for minor or insignificant changes in property lines. A boundary line adjustment is intended to apply to minor boundary changes, to correct a controversy regarding the location of a boundary line, to remedy adverse topographical features, or to consolidate previously platted lots into a single parcel for purposes of development. A boundary line adjustment does not apply to boundary changes that would result in increased development or density otherwise regulated by applicable city of Sumner land use codes and regulations, or to actions requiring replat, amendment, alteration, or vacation of a plat or short subdivision. The adjustment will be consistent with any applicable health, building, or similar regulations. This chapter is also intended to insure compliance with the Survey Recording Act, chapter 58.09 RCW and chapter 332-130 WAC. (Ord. 1763 § 1 (part), 1996)

17.08.010 Scope.

The boundary lines separating two lots of record may only be adjusted under the provisions of this chapter except as provided under RCW 58.17.040. Actions which change or impair conditions or requirements imposed by previous platting decisions must be accomplished pursuant to the subdivision regulations. (Ord. 1763 § 1 (part), 1996)

17.08.015 Approval criteria.

Boundary line adjustments shall not:

A. Create any additional lot, tract, parcel, site, or division;

B. Result in a lot, tract, parcel, site, or division which contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in the land use and health codes and regulations. This provision shall not be construed to require correction or remedy of pre-existing nonconformities or substandard conditions;

C. Diminish or impair drainage, water supply, existing sanitary sewage disposal, and access or easement for vehicles, utilities, and fire protection for any lot, tract, parcel, site, or division;

D. Create or diminish any easement or deprive any parcel of access or utilities;

E. Increase the nonconforming aspects of an existing nonconforming lot relative to the city’s zoning and land use regulations;

F. Replat, amend, alter, or vacate a plat or short subdivision; or

G. Amend the conditions of approval for previously platted property. (Ord. 1763 § 1 (part), 1996)

17.08.020 Additional information where future on-site sewage disposal is anticipated.

Where any lot affected by a proposed lot line adjustment is served or is likely to be served in the future by an on-site sewage disposal system, a percolation test for each such lot may be required by the city when the city finds that the proposed adjustment could adversely affect the ability of such lot to be adequately served by such on-site system. (Ord. 1763 § 1 (part), 1996)

17.08.030 Application.

A. Applications for boundary line adjustments shall be made on forms provided by the city of Sumner department of community development and shall be submitted to the department of community development.

B. The application shall include:

1. A clean and legible drawing suitable for recording showing the following:

2. The proposed lines for all affected lots, indicated by heavy solid lines;

3. The existing lot lines proposed to be changed, indicated by heavy broken lines;

4. The location and dimensions of all structures/improvements existing upon the affected lots and the distance between structure/improvements and the proposed lot/ boundary lines;

5. The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as Parcel A, Parcel B, etc.;

6. All parcel numbers of affected lots;

7. The location of the property as to quarter/quarter section;

8. The location and dimensions of any drain field, easement, or right-of-way existing within or adjacent to any affected lots;

9. The area and dimensions of each lot following the proposed adjustment;

10. The existing, and if applicable, proposed future method of sewage disposal for each affected lot.

C. For proposals including complex drawings or property descriptions, the director may require the preparation be done by a licensed surveyor.

D. The drawing shall be attached to or include on the face a formal legal declaration of boundary line adjustment, signed and notarized by all legal owners of the subject properties. (Ord. 1763 § 1 (part), 1996)

17.08.040 Review procedures.

A. Prior to approval, a proposed lot line adjustment shall be reviewed by the Pierce County assessor. The applicant shall pay all applicable fees for such review.

B. Based on comments from the city engineer, public health official, and other applicable agencies, the director shall approve the proposed lot line adjustment only upon finding that the standards of SMC 17.08.015 have been satisfied.

C. An application for a lot line adjustment shall be processed according to the procedures for Type I land use decisions established in chapter 18.56 SMC, Procedures for land use permits. (Ord. 1763 § 1 (part), 1996)

Chapter 17.12
SHORT SUBDIVISIONS

Sections:

17.12.010 Purpose.

17.12.020 Approval criteria.

17.12.030 Scope.

17.12.035 Large lots.

17.12.040 Application submittal and contents.

17.12.050 Short plat review.

17.12.060 Performance under conditional approval.

17.12.070 Distribution of copies and filing of short plat.

17.12.080 Transfer of ownership following short plat approval.

17.12.090 Accumulative short plats.

17.12.010 Purpose.

The procedures regulating short subdivisions are established to promote orderly and efficient division of lots on a small scale and to comply with the provisions of chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Sumner. (Ord. 1763 § 1 (part), 1996)

17.12.020 Approval criteria.

The following criteria are the minimum measures by which each proposed short subdivision will be considered:

A. Creation of sites which are consistent with all applicable zoning and health regulations;

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

C. A proposed short plat may be denied because of flood, inundation or regulated wetlands. Construction of protective improvements may be required as a condition of approval;

D. If adjacent to another municipality or Pierce County, consideration shall be given to the subdivision standards of that jurisdiction as well as the requirements of this code;

E. Adequate provision shall be made for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed necessary; and

F. The proposal is consistent with the Sumner comprehensive plan. (Ord. 1763 § 1 (part), 1996)

17.12.030 Scope.

Any land being divided into four or fewer parcels, lots, tracts, or sites, any one of which is less than 20 acres in size, and which land has not been divided in short subdivision within the previous five years, shall meet the requirement of this chapter; provided, that the land in the short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, at which the owner of the short plat may file an alteration within a five-year period to create up to four lots within the boundaries of the original short plat and the parcel is not held in common ownership with a contiguous parcel which has been subdivided within the preceding five years. (Ord. 1763 § 1 (part), 1996)

17.12.035 Large lots.

Any land being divided into four or fewer parcels, lots, tracts, or sites, all of which are 20 acres or greater in area, shall not be subject to the requirements of this chapter, but shall meet all other applicable regulations or ordinances of the city of Sumner. (Ord. 1763 § 1 (part), 1996)

17.12.040 Application submittal and contents.

A. The application for approval of a short subdivision shall be submitted to the department of community development on forms to be provided by the department along with the appropriate fees established by SMC 18.56.060.

B. A complete application shall include the following:

1. The name, address and telephone number of the applicant;

2. A certification by the applicant showing the entire contiguous land in which there is any interest by reason of ownership, contract for purchase by agreement or option by any person, firm or corporation in any manner connected with the development;

3. The existing zoning classification;

4. The square footage of each lot or parcel to accurately show that each lot or parcel contains sufficient footage to satisfy minimum zoning or health requirements. The square footage of land contained in access easements, access panhandles or pipe stem configurations shall not be included in the lot size computations;

5. The source of water supply for each lot, including fire hydrant locations;

6. The method of sanitary sewage disposal and, if septic tanks are to be used, the preliminary percolation test must be submitted. The percolation test shall be conducted in accordance with the Tacoma-Pierce County health department’s regulations. A separate percolation test must be performed on each lot of the proposed short subdivision;

7. The short plat drawing shall be submitted on a reproducible mylar having minimum dimensions of 18 inches by 24 inches and containing the following information:

a. A legal description of the short subdivision and of all the lots, tracts, and parcels therein, together with the legal description of private roads and easements;

b. The date, scale, and north arrow;

c. The boundary lines to scale of the tract to be subdivided and of each lot contained therein. All boundary lines are to be properly dimensioned;

d. The number assigned to each lot;

e. The location and widths of any easement for public services and utilities within the area contained within the short subdivision;

f. The location and size of the closest utilities considered for service to the site;

g. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision.

h. The map and legal descriptions included in the face of the plat shall be prepared and certified by a registered land surveyor; and

i. Indication of the building envelope as defined in SMC 17.04.060.

8. Any additional pertinent information required by the director and/or city engineer. (Ord. 1763 § 1 (part), 1996)

17.12.050 Short plat review.

A. Short subdivisions shall be subject to the procedures established in chapter 18.56 SMC, Procedures for land use permits.

B. Based on comments from city departments and applicable agencies, the director shall review the proposal relative to the criteria of SMC 17.12.020. A proposed short plat shall only be approved when consistent with all the provisions of SMC 17.12.020.

C. Appeals of the director’s decision shall be as provided in chapter 18.56 SMC, Procedures for land use permits.

D. An applicant for a short subdivision may request that certain requirements established or referenced by this section be modified. Such requests shall be processed according to the procedures for variances in chapter 18.56 SMC, and shall satisfy the criteria of chapter 18.54 SMC, Variances and special exceptions. (Ord. 1763 § 1 (part), 1996)

17.12.060 Performance under conditional approval.

Where a short plat is approved subject to conditions, no building permit shall be issued for property subject to the short subdivision prior to final inspection and approval of any required improvements, or until required conditions have been met. (Ord. 1763 § 1 (part), 1996)

17.12.070 Distribution of copies and filing of short plat.

The director shall return the original to the applicant for recording. The applicant must submit a recorded mylar copy to the director, which shall be part of the permanent recorded plats of the city of Sumner. The mylar copy of the approved final short plat will contain the elements as described in SMC 17.12.040. (Ord. 1763 § 1 (part), 1996)

17.12.080 Transfer of ownership following short plat approval.

Whenever any parcel of land lying within the city is divided under the provisions of this chapter relating to short plat, no person, firm, or corporation shall sell or transfer any such lot, tract, or parcel without having first had and recorded the final short plat. (Ord. 1763 § 1 (part), 1996)

17.12.090 Accumulative short plats.

Accumulative short plats are not permitted. (Ord. 1763 § 1 (part), 1996)

Chapter 17.16
FULL SUBDIVISIONS

Sections:

17.16.010 Purpose.

17.16.020 Scope.

17.16.030 Application submittal.

17.16.040 Preliminary plat review process.

17.16.050 Review criteria.

17.16.060 Preliminary plat approval.

17.16.070 Modifications to an approved preliminary plat.

17.16.080 Transfer of property following preliminary plat approval.

17.16.090 Improvement method report.

17.16.100 City engineer’s certificate of improvements.

17.16.110 Preliminary plat – Preparation.

17.16.120 Preliminary plat – Contents.

17.16.130 Preparation of a final plat.

17.16.140 Accompanying documents, final plat.

17.16.150 Final plat application.

17.16.160 Time limitation on final plat submittal.

17.16.170 Effect of an approved final plat.

17.16.180 Distribution of copies and filing of final plat.

17.16.190 Transfer of ownership following final plat approval.

17.16.200 Building and occupancy permit.

17.16.010 Purpose.

The procedures regulating full subdivisions are established to promote orderly and efficient division of land into five or more lots and to comply with the provisions of chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Sumner. (Ord. 1763 § 1 (part), 1996)

17.16.020 Scope.

Full subdivisions, as processed under this chapter, shall include all divisions of land into five or more lots, and may require, on the part of the subdivider, improvements so that any development will be in compliance with city of Sumner zoning and health codes, and any other codes or ordinances which may apply. (Ord. 1763 § 1 (part), 1996)

17.16.030 Application submittal.

A. Preliminary plats shall be considered for review upon payment of fees and according to the procedures established in chapter 18.56 SMC, and any supplemental procedures in this chapter.

B. To be considered complete, the application shall include the following:

1. A completed land use permit application form;

2. One sepia or photo velum reproducible copy and six paper copies of a preliminary plat meeting the standards of SMC 17.16.110 and 17.16.120;

3. Where any lot is proposed to be served by an on-site sewage disposal system, results of preliminary percolation tests for each such proposed lot, conducted under the Tacoma-Pierce County board of health rules and regulations. The city engineer may require the tests be conducted under high ground water (winter) conditions. (Ord. 1763 § 1 (part), 1996)

17.16.040 Preliminary plat review process.

A. Preliminary plats shall be considered according to the procedures established in chapter 18.56 SMC and any supplemental procedures in this chapter.

B. Additional notice of a preliminary plat hearing shall be provided according to RCW 58.17.080.

C. The director shall solicit comments from the city engineer, fire marshal, parks director, local utility providers, police chief, building official, school district, adjacent jurisdictions, if the proposal is within one mile of another city or jurisdiction, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and Washington State Secretary of Transportation, if the proposal is within two miles of a publicly owned airport. (Ord. 1763 § 1 (part), 1996)

17.16.050 Review criteria.

A. Full subdivisions shall be given preliminary approval upon finding by the hearing examiner or city council that all of the following have been satisfied:

1. The proposed subdivision conforms to:

a. Sumner comprehensive plan;

b. Sumner zoning code;

c. Engineering standards;

d. Resource, wildlife, and hazard area regulations; and

e. Any other applicable policies or plans adopted by the city;

2. The availability of the utilities and other public services necessary to serve the needs of the proposed subdivision (including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds;

3. The potential environmental impacts of the proposed subdivision, together with any practical means mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment;

4. Approving the proposed subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.

B. A proposed subdivision may be denied because of flood, inundation or swamp condition. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by chapter 18.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the hearing examiner shall not approve the preliminary plat unless it imposes a condition requiring the applicant to comply with the flood control ordinance. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until flood control has been resolved. (Ord. 1763 § 1 (part), 1996)

17.16.060 Preliminary plat approval.

Preliminary plat approval must be granted for the entire subdivision where a plat is proposed to be developed in distinct phases, the plat map must delineate the separate divisions which are to be developed in increments. The preliminary plat approval is conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require council approval per SMC 17.16.035. (Ord. 1763 § 1 (part), 1996)

17.16.070 Modifications to an approved preliminary plat.

A. Minor modifications to a previously approved preliminary plat, not involving the location or relocation of a lot, tract or parcel boundary line and not involving the location or relocation of a street, may be requested by the applicant and approved by the director subject to the provisions for Type I decisions in chapter 18.56 SMC. The director shall find that the following exist before approving such amendment:

1. The modification will not be inconsistent or cause the subdivision to be inconsistent with the findings, conclusions, or decision of the hearing examiner or city council;

2. The modification will not cause the subdivision to violate any applicable city policy or regulation;

3. A subdivision may be developed if the intent of its original conditions are not altered.

B. Modifications which exceed the criteria above shall be processed as a new preliminary plat application. (Ord. 1763 § 1 (part), 1996)

17.16.080 Transfer of property following preliminary plat approval.

If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval, but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited in an escrow account and no disbursement to sellers is permitted until the final plat is recorded. (Ord. 1763 § 1 (part), 1996)

17.16.090 Improvement method report.

Following preliminary plat approval and approval of all plans and prior to submission of an application for final plat approval, the applicant shall submit to the director, in duplicate, a report describing the method by which the applicant proposes to carry out the minimum improvements required and the time period within which such improvements will be completed. This improvement method report shall be signed by the applicant and be accompanied by any applicable performance guarantees. It is the intent of this section that a substantial portion of required improvements, as determined by the city engineer, be actually constructed prior to final plat approval. Improvements may be made or guaranteed by any of the following methods:

A. By furnishing to the city a plat or subdivision bond or other security satisfactory to the director, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided by plans submitted and approved and in accordance with city standards and specifications, and under the supervision of the city engineer. The amount of the performance bond or other security shall be 120 percent of the estimated cost of improvements, and shall be of a duration as determined by the city engineer; or

B. By the formation of a local improvement district consistent with the provisions of applicable requirements of the city and the state; or

C. By actually installing the minimum improvements as provided by the local improvement district laws of the state and the city council, and in accordance with city standards and specifications and under the supervision of the city engineer; or

D. By actual installation of improvements in accordance with city standards and specifications and under the supervision of the city engineer; or

E. By a combination of these methods. (Ord. 1763 § 1 (part), 1996)

17.16.100 City engineer’s certificate of improvements.

The director shall transmit two copies of the improvement method report to the city engineer. No permit for the construction of improvements within an approved subdivision shall be issued by the public works department until such copy has been received. After completion of all required improvements or the guarantee of the construction of all required improvements, the city engineer shall submit a certificate in duplicate to the director stating the required improvements are in accordance with the provision of this chapter and in accordance with city standards and specifications. The director shall transmit one copy of the certification to the subdivider, together with a notice advising the subdivider to prepare a final plat for that portion of the area contained in the proposed subdivision in which improvements have been installed or are guaranteed to be installed and covered by the certificate issued by the city engineer. One copy of the certificate shall be retained by the director. (Ord. 1763 § 1 (part), 1996)

17.16.110 Preliminary plat – Preparation.

The preliminary plat shall be prepared in accordance with the following requirements:

A. The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, chapter 58.09 RCW and chapter 332-130 WAC.

B. The preliminary plat shall be drawn with India ink or other reproducible black ink on mylar.

C. All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to an engineering (decimal) scale. The horizontal scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the location sketch and typical street cross-sections may be drawn to any other appropriate scale.

D. A preliminary plat shall be 18 inches by 24 inches in size or as approved by the city engineer, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. (Ord. 1763 § 1 (part), 1996)

17.16.120 Preliminary plat – Contents.

A. A preliminary plat shall provide the following information:

1. The name of the proposed subdivision together with the words “Preliminary Plat”;

2. The name and address of the applicant;

3. The name, address, stamp and signature of the professional engineer or professional land surveyor who prepared the preliminary plat;

4. Numeric scale, graphic scale, true north point, and date of preparation; and

5. A form for the endorsement of the director of community development, as follows:

APPROVED BY CITY OF SUMNER

________________
Date

_____________________________
Community Development Director

________________
Date

B. A vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, streets, and other major manmade and natural features shall appear on the preliminary plat.

C. Except as otherwise specified in this chapter, the following existing geographic features shall be drawn lightly in relation to proposed geographic features:

1. The boundaries of the property to be subdivided, and the boundaries of any adjacent property under the same ownership as the land to be subdivided, to be indicated by bold lines;

2. All existing property lines lying within the proposed subdivision which are to be vacated, and all existing property lines lying within 100 feet of the property to be subdivided or within 100 feet of the property lying adjacent to and under the same ownership as the property to be subdivided;

3. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the proposed subdivision;

4. The location, widths and purposes of any existing easements lying within or adjacent to the proposed subdivision;

5. The location and size of existing sanitary sewer, storm sewer and water lines lying within or adjacent to the proposed subdivision;

6. The location of existing sections and municipal corporation boundary lines lying within or adjacent to the proposed subdivision;

7. The location of any well used for domestic water supply existing within the proposed subdivision or within 100 feet of the boundaries of the proposed subdivision;

8. Existing contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Existing contour lines which will be altered through filling or excavation shall be indicated by broken lines (final contour lines shall be indicated by solid lines, as provided by subsection D of this section). Contour lines shall be labeled at intervals not to exceed 20 feet, and shall be based upon USGS or USC & GS datum;

9. The location of any existing structures lying within the proposed subdivisions. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines; and

10. A geotechnical report may be required if deemed necessary by the building official.

D. The following proposed geographic features shall be shown:

1. The boundaries and approximate dimensions of all proposed lots, the area of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block. The square footage of land contained in access easements, access panhandles or pipestem configurations shall not be included in the lot size computations;

2. The right-of-way location and width, the proposed name of each street, alley or other public way to be created and where final street grades are likely to exceed 10 percent, the estimated tentative grades of such streets. Where roadways may exceed the maximum grade or alignment, the city engineer may require sufficient data, including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway;

3. The location, width and purpose of each easement to be created;

4. The boundaries, dimensions and area of public and common park and open space areas;

5. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication;

6. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines, as provided by subsection C8 of this section). Contour lines shall be labeled in intervals not to exceed 20 feet, shall be based upon USGS & GS datum, and shall be indicated by lines drawn lightly relative to other proposed geographic features; and

7. The building envelope, as defined in SMC 17.04.060, shall be indicated for each lot.

E. The following additional information shall be shown on the surface of the preliminary plat:

1. For proposed subdivisions involving residential land uses, a table providing the following information for each distinct residential area:

a. Proposed land use (e.g. single-family, duplexes, multifamily,

b. Number of dwelling units,

c. Gross acreage,

d. Existing zoning designation,

e. Proposed zoning designation,

f. Approximate area of smallest lot;

2. Proposed source of domestic water supply;

3. Proposed sewage disposal system; and

4. Typical street cross-section(s). (Ord. 1886 § 2, 1999; Ord. 1763 § 1 (part), 1996)

17.16.130 Preparation of a final plat.

The final plat shall be prepared in accordance with the following requirements:

A. The final plat shall be prepared by a land surveyor licensed by the state of Washington or a Washington State licensed engineer.

B. The final plat shall be drawn with India ink on mylar measuring 18 inches by 24 inches in size, allowing one-half inch for border.

C. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size.

D. All signatures or certifications appearing on a final plat shall be in reproducible black ink.

E. A final plat shall contain the following information:

1. The name of the subdivision;

2. Legal description of the property being subdivided;

3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;

4. The boundary line of the plat, referenced to city (USC & GS) datum and based on an accurate traverse, with angular and linear dimensions and bearings;

5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision;

6. The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and utilities;

7. True courses and distances to the nearest established street lines, or sections or quarter section corner monuments which shall accurately locate the subdivision;

8. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses;

9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;

10. Delineation of the building envelope of each lot;

11. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;

12. The accurate location of each permanent control monument. One such monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided, at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC), and at each intersection of a street centerline with a plat boundary;

13. All plat meander lines or reference lines along bodies of water shall be established as above, but not farther than 20 feet from the high water line of such body;

14. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication;

15. Accurate outlines of any area to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation;

16. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city council or at the discretion of the property owner;

17. The name and seal of the Washington State licensed land surveyor or Washington State licensed engineer responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct;

18. A signed certification stating that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided.

An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer as a condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant.

At the discretion of the city engineer, conveyances of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-of-way;

19. Forms for the appropriate certifications of the finance director, city engineer, and director of community development, as follows:

FINANCE DIRECTOR’S CERTIFICATE

I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use, have been duly paid, satisfied or discharged, this __ day of __________, 19__.

__________________________
Sumner Director of Finance

CITY ENGINEER’S CERTIFICATE

I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to SMC 17.16.130, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this _____ day of ___________, 19__.

__________________________
Sumner City Engineer

COMMUNITY DEVELOPMENT DIRECTOR’S CERTIFICATE

I hereby certify that on this ___ day of __________, 19__, that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by the City of Sumner Hearing Examiner on the ____ day of ______________, 19__.

__________________________
Sumner Community
Development Director

20. A form for the certificate of the county comptroller, as follows:

COMPTROLLER’S CERTIFICATE

I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collection, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this ___ day of ____________, 19__.

_________________________
Pierce County Comptroller

Attest:
_________________________
Deputy Pierce County Comptroller

21. A form of the approval of the county assessor, as follows:

ASSESSOR’S APPROVAL

Examined and approved this ____ day of _______________, 19__.

__________________________
Pierce County Assessor

Attest:
___________________________
Deputy Pierce County Assessor

22. A form for the certificate of the Pierce County Recorder, as follows:

RECORDING CERTIFICATE

Filed for record at the request of the City of Sumner this ___ day of ___________, 19__, at ____ minutes past ___ M., and recorded in Volume ____ of Plats, page ___ Records of Pierce County, Washington.

Pierce County Recording Number __.

__________________________
Manager

___________________________
Superintendent of Records

23. Any additional pertinent information as required at the discretion of the city engineer or director. (Ord. 1763 § 1 (part), 1996)

17.16.140 Accompanying documents, final plat.

A. In cases where any protective deed covenants will apply to lots or parcels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat.

B. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or re-established corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.

C. The final plat shall be accompanied by a current (within 30 days) title company certification of:

1. The legal description of the total parcel sought to be subdivided;

2. Those individuals or corporations holding an ownership interest in said parcel;

3. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; and

4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor’s file number and/or recording number.

If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the city engineer.

D. The final plat shall be accompanied by a computer check of the boundaries, street centerlines, lots, blocks and lot area.

E. The final plat shall be accompanied by a copy of the approved preliminary plat for the property in question.

F. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. (Ord. 1763 § 1 (part), 1996)

17.16.150 Final plat application.

A. Applications for final plat approval shall be made on forms provided by the department along with the fee established in chapter 18.56 SMC, Procedure for land use permits.

B. Applications for final plat approval shall be processed according to the procedures established in chapter 18.56 SMC, Procedures for land use permits.

C. Applications for final plat approval shall be submitted within five years of the date of the preliminary plat approval.

D. The final plat map shall be prepared in accordance with SMC 17.16.130. (Ord. 1763 § 1 (part), 1996)

17.16.160 Time limitation on final plat submittal.

The original and two copies of a final plat meeting all requirements of chapter 58.17 RCW shall be transmitted by the director to the council within five years of the date of the preliminary plat approval. The plat granted preliminary approval but not filed for final plat approval within the applicable time period shall be null and void. (Ord. 1763 § 1 (part), 1996)

17.16.170 Effect of an approved final plat.

A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect on the date of preliminary plat approval after final plat approval unless the council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1763 § 1 (part), 1996)

17.16.180 Distribution of copies and filing of final plat.

The director shall distribute the original and copies of the approved final plat as follows:

A. The original shall be returned to the applicant to be forwarded to the county auditor for filing;

B. Two paper copies shall be transmitted to the county assessor;

C. One recorded reproducible mylar copy shall be transmitted to the city engineer;

D. One recorded paper copy shall be retained in the files of the planning department; and

E. One recorded paper copy shall be provided to the building official for assignment of addresses. (Ord. 1763 § 1 (part), 1996)

17.16.190 Transfer of ownership following final plat approval.

Whenever any parcel of land lying within the city is divided under the provision of this chapter, no person, firm, or corporation shall sell or transfer, or offer or advertise for sale or transfer, any such lot, tract or parcel without having first had an approved final plat for such subdivision filed for record. (Ord. 1763 § 1 (part), 1996)

17.16.200 Building and occupancy permit.

A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision prior to a determination by the fire marshal that adequate fire protection and access for construction needs exists.

B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved subdivision until either:

1. All required improvements which will serve the subject lot or parcel have been constructed and the city has accepted a properly executed bill of sale for such improvements; or

2. All required improvements have been bonded or otherwise guaranteed; or

3. An improvement bond in an amount adequate, in the determination of the city engineer, to guarantee construction of those required public improvements necessary to serve the lot or parcel for which a building permit is sought has been accepted by the city.

C. No occupancy permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements, which will serve such lot or parcel, to the satisfaction of the building official. (Ord. 1763 § 1 (part), 1996)

Chapter 17.26
BINDING SITE PLANS

Sections:

17.26.010 Purpose.

17.26.020 Scope.

17.26.030 Approval criteria.

17.26.040 Binding site plans – Condominiums.

17.26.050 Application submittal.

17.26.060 Development standards.

17.26.070 Alterations and vacations.

17.26.080 Distribution of copies and filing of a binding site plan.

17.26.090 Time limit on binding site plans.

17.26.010 Purpose.

The purpose of this chapter is to clearly delineate the criteria used by the city of Sumner to review and approve binding site plans. A binding site plan is intended to provide an alternative means of dividing land. Binding site plans tie a future development to an approved set of conditions and site layout. (Ord. 1763 § 1 (part), 1996)

17.26.020 Scope.

This chapter shall be limited and only apply to one or more of the following:

A. The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property;

B. Divisions of property for lease where no residential structures other than manufactured homes and travel trailers are permitted to be placed on the land;

C. Divisions of property as provided for in SMC 17.26.040. (Ord. 1763 § 1 (part), 1996)

17.26.030 Approval criteria.

A. Binding site plans shall be given preliminary approval upon showing substantial compliance with the following:

1. The proposed binding site plan shall conform to:

a. Sumner comprehensive plan;

b. Sumner zoning code;

c. Engineering standards;

d. Resource, wildlife, and hazard area regulations;

e. Any other applicable policies or plans adopted by the city;

2. The availability of the utilities and other public services necessary to serve the needs of the proposed binding site plan shall be demonstrated including, but not limited to, open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds;

3. The potential environmental impacts of the proposed binding site plan, together with any practical means mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment;

4. Approving the proposed binding site plan will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare.

B. A proposed binding site plan may be denied because of flood, inundation or regulated wetlands. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by chapter 18.16 RCW, and either the one percent flood hazard area or the regulatory floodway, the binding site plan shall not be approved unless it imposes a condition requiring the applicant to comply with the flood control ordinance. In such cases, no development permit associated with the proposed binding site plan shall be issued by the city until flood control has been resolved. (Ord. 1763 § 1 (part), 1996)

17.26.040 Binding site plans – Condominiums.

The provisions of this title shall not apply if:

A. Such division subjects a portion of a lot, tract, or parcel to chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;

B. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;

C. The city of Sumner has approved a binding site plan for all such land;

D. The binding site plan contains thereon the following statement:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City of Sumner, and in accordance with such other government permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

(Ord. 1763 § 1 (part), 1996)

17.26.050 Application submittal.

A. A binding site plan application shall contain the same elements as a preliminary site plan, SMC 17.16.110 and 17.16.120.

B. A binding site plan shall be submitted along with an application form provided by the community development department along with applicable application fees as indicated in chapter 18.56 SMC. (Ord. 1763 § 1 (part), 1996)

17.26.060 Development standards.

Binding site plans shall conform to the development standards of chapters 17.28, 18.34, and 18.56 SMC. (Ord. 1763 § 1 (part), 1996)

17.26.070 Alterations and vacations.

Binding site plans may be altered or vacated subject to the following:

A. Binding site plans may be altered if the original intent of the recorded binding site plan has not been altered, impacts health and safety, environment, or the delivery of services to the plat. The proposed alterations must be clearly shown and be accompanied by a letter of explanation. Upon administrative approval of such alterations, the alterations become part of the binding site plan.

B. A binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to the community development department of a letter of intent to vacate. The letter shall become binding upon its acceptance by the community development department. (Ord. 1763 § 1 (part), 1996)

17.26.080 Distribution of copies and filing of a binding site plan.

A. Upon approval, a binding site plan shall follow the procedures of SMC 17.16.180 SMC, Distribution of copies and filing of a final plat.

B. After approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual commercial or industrial lots shall be done by administrative approval.

C. The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by other provisions of this chapter.

D. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

E. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW. (Ord. 1763 § 1 (part), 1996)

17.26.090 Time limit on binding site plans.

Permits for the development of a site subject to a binding site plan must be applied for within five years of its recording under SMC 17.26.080. (Ord. 1763 § 1 (part), 1996)

Chapter 17.28
SUBDIVISION DEVELOPMENT STANDARDS

Sections:

17.28.010 Requirements for improvements.

17.28.020 Preparation of construction drawings.

17.28.030 Standards and specifications.

17.28.040 Plan review, inspection and fees.

17.28.050 Required improvements – Full subdivisions.

17.28.060 Required improvements – Short subdivisions.

17.28.070 Release of improvement guarantee.

17.28.080 Clearing and grading.

17.28.090 Monuments.

17.28.100 Street and block layout.

17.28.110 Block requirements.

17.28.120 Street design criteria – Street grades.

17.28.130 Access for short subdivisions.

17.28.140 Principal arterials.

17.28.150 Major arterials.

17.28.160 Residential arterials.

17.28.170 Local residential streets.

17.28.180 Neighborhood streets.

17.28.190 Alleys.

17.28.195 Private streets.

17.28.200 Dead-end streets.

17.28.210 Street lighting.

17.28.220 Street trees.

17.28.230 Underground utilities.

17.28.240 Street signs and channelization.

17.28.250 Sidewalks.

17.28.260 Curbs and gutters.

17.28.270 Sanitary sewers.

17.28.280 Water.

17.28.290 Storm drainage.

17.28.300 Floods and flood control.

17.28.310 Additional requirements.

17.28.320 Phased subdivision.

17.28.010 Requirements for improvements.

Prior to the construction of any minimum improvements, as approved upon the preliminary plat or binding site plan, the subdivider shall furnish certain construction plans. These plans must be prepared, signed, dated and stamped by a Washington State licensed civil engineer and shall be in accordance with the city of Sumner standards and specifications. (Ord. 1763 § 1 (part), 1996)

17.28.020 Preparation of construction drawings.

The construction plans shall be as follows:

A. Plan/profile maps shall be prepared for all proposed streets, sanitary sewer systems and water systems. The construction drawings shall be drawn with India ink on mylar measuring 24 inches by 36 inches in size allowing one-half inch for border. The horizontal scale of such plans shall be one inch equals 20 feet and the vertical scale shall be one inch equals two feet or as approved by the city engineer. The plans shall show all existing and proposed topography (contours), utilities, grades, lot lines with appropriate numbers, right-of-way and all other features or additional information required by the city engineer.

B. A drainage/site grading plan shall be prepared in conformance with the requirements of the Sumner Municipal Code.

C. The plan maps, plan profile maps and specifications shall be submitted to and approved and signed thereon by the city engineer prior to proceeding with the proposed improvements. No construction permit or approval shall be issued, and no construction activity shall commence relating to subdivision improvements until the plans have been approved and signed by the city engineer.

D. A complete set of as-built mylar reproducible construction drawings must be submitted after the final approval of the plat. (Ord. 1763 § 1 (part), 1996)

17.28.030 Standards and specifications.

The adopted standard specifications for municipal public works construction prepared by the Washington State Chapter of the American Public Works Association are the “standards” together with the laws of the state of Washington and in accordance with the city of Sumner standards and specifications as set forth by the city engineer under the direction of the city council. (Ord. 1763 § 1 (part), 1996)

17.28.040 Plan review, inspection and fees.

The public works and fire departments are responsible for reviewing all engineering drawings and for the supervision, inspection and acceptance of all subdivision improvements and shall make a charge therefor to the subdivider in the amount of the hourly cost to the city. The hourly cost includes wages and the city’s cost for fringe benefits calculated on an hourly basis. (Ord. 1763 § 1 (part), 1996)

17.28.050 Required improvements – Full subdivisions.

Minimum improvements within each major plat or binding site plan and along contiguous arterials shall consist of paved streets, installed curbs and gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains, street trees, street name signs and all appurtenances thereto in accordance with specifications and standards approved by the city engineer and adopted by the city council. (Ord. 1763 § 1 (part), 1996)

17.28.060 Required improvements – Short subdivisions.

Street, water, sewer and storm drainage facilities adjacent to or within a short subdivision shall be in conformance with the adopted city traffic and utility plans. Easements for utilities recommended by such plans shall be provided to the city, the exact location of such easements to be determined by the city engineer.

A. Whenever certain improvements, such as street, water, sewer or storm drainage, are required to be extended to service a short subdivision or within the short subdivision, the subdivider shall furnish construction plans for these improvements. These plans must be prepared, signed, dated and stamped by a professional civil engineer registered in the state of Washington. These plans shall be in accordance with the city of Sumner’s standard plans and specifications as outlined in the formal subdivision requirements.

B. The city engineer has the authority in determining whether these plans must be submitted and approved prior to the acceptance of the short subdivision.

C. Requirements for street dedications within the plat are the same as those of formal subdivisions. (Ord. 1763 § 1 (part), 1996)

17.28.070 Release of improvement guarantee.

If an improvement bond or other guarantee has been submitted, such guarantee shall be released upon acceptance by the city of a properly executed bill of sale for such improvements within the period specified by such guarantee. The guarantee, or a portion thereof, may be retained by the city for a period of time up to two years to ensure the adequate operation of such improvements, following which any unused portion of such guarantee shall be released. (Ord. 1763 § 1 (part), 1996)

17.28.080 Clearing and grading.

All streets, roads and alleys shall be graded to their full width so that pavement and sidewalks can be constructed on the same plane. Before grading is started, the entire right-of-way area shall be cleared of all stumps, roots, brush and other objectionable materials, and all trees not intended for preservation. Documentation will be kept by the permit holder of the location and type of fill on private property. (Ord. 1763 § 1 (part), 1996)

17.28.090 Monuments.

Concrete monuments shall be set at all corners of the subdivision, at all points where the street lines intersect the exterior boundaries of the subdivision, at angle points and points of curvature in each street, and at all street intersections. All surveys shall be of second degree accuracy. The use of state plan coordinates is encouraged. All other lot corners shall be marked with a permanent suitable metal marker not less than three-eighths inch in diameter and 24 inches long and driven flush with the finished grade. (Ord. 1763 § 1 (part), 1996)

17.28.100 Street and block layout.

The subdivision shall abut on and/or be served by an open, maintained public street(s) and the street and block layout shall conform to the most advantageous development of adjoining areas of the entire neighborhood, and shall provide for the following:

A. Continuity of appropriate streets and arterials;

B. Streets generally following contour lines where practicable;

C. Offset intersections shall be avoided;

D. Streets intersecting at right angles, or as nearly as possible, are subject to approval by the city engineer; and

E. Streets meeting the minimum right-of-way and pavement width standards. (Ord. 1763 § 1 (part), 1996)

17.28.110 Block requirements.

A block shall consist of any two or more contiguous lots which are not separated by a street. Blocks shall meet the following requirements:

A. Wherever appropriate, blocks shall provide for two tiers of lots, except that one tier of lots is encouraged between a residential street and an arterial, which lots shall front on and be accessed from the residential street or from any alley constructed between the two tiers of lots; and

B. Where the average area of lots does not exceed two acres, the distance between intersections along a street or arterial shall not exceed 1,320 feet; and

C. Where the average area of lots does not exceed two acres, and where there are two tiers of lots lying between approximately parallel streets or arterials, and where the distance between intersections along a street or arterial exceeds 660 feet, a walk or pedestrian right-of-way running between lots and lying roughly perpendicular to the street or arterial shall be provided at approximately mid-block point, the right-of-way of which shall be at least 10 feet in width and fully paved as approved by the city engineer; and

D. The number of streets intersecting with existing or proposed arterials shall be held to a minimum consistent with the provision of this section and consistent with adequate local circulation. (Ord. 1763 § 1 (part), 1996)

17.28.120 Street design criteria – Street grades.

A. The minimum grade on any street shall be one-half of one percent for purposes of drainage.

B. Maximum grades shall not exceed the following grades unless specifically approved by the city engineer:

1. Residential streets, 10 percent;

2. Collector streets, 10 percent;

3. Secondary arterials, eight percent;

4. Major arterials, five percent.

C. Horizontal Curves. On streets 60 feet or more in width, the center line radius or curvature shall be not less than 300 feet; on other streets, not less than 100 feet, except where necessary on local streets, this minimum may be reduced, but not less than 75 feet.

D. Vertical Curves. All changes in grade shall be connected by vertical curves of a minimum length of 200 feet unless otherwise specified by the engineering department. (Ord. 1763 § 1 (part), 1996)

17.28.130 Access for short subdivisions.

A. All short subdivisions shall border on an opened, constructed and maintained public street. All lots within a short subdivision shall either border on an opened, constructed and maintained public street, or shall be served by a private street having direct access to a public street.

B. Dedication of a public street or streets shall be required, and a proposed short subdivision shall be processed as a formal subdivision whenever the city engineer finds that one or more of the following conditions applies:

1. The general alignment of a proposed private street follows the general alignment of a future arterial recommended by the comprehensive plan.

2. The general alignment of a proposed private street can be reasonably modified to provide a desirable through connection between two or more existing or planned public streets.

3. A public street would be necessary to provide adequate access to adjacent property not subject to the proposed short subdivision.

C. All private streets shall meet the standards as set forth in SMC 17.28.195.

D. When any approved public street lying adjacent to the property being short subdivided has insufficient width or for any other reason does not conform to minimum street standards, sufficient additional right-of-way shall be dedicated to the city and appropriate improvements shall be made by the subdivider to conform the abutting street to such standards in order to provide street and traffic infrastructure to support the development. Such improvements may be delayed if guaranteed to the satisfaction of the city engineer. Any such guarantee shall be recorded with the plat and shall be binding upon the property owner and the owner’s heirs, successors and assigns. In deciding whether any delays should be allowed, the city engineer shall consider the present and future need for such improvement, the improved or unimproved nature of adjacent right-of-way, and whether or not street grades have been established. (Ord. 1886 § 3, 1999: Ord. 1763 § 1 (part), 1996)

17.28.140 Principal arterials.

Proposed and existing principal arterials located within or adjacent to the subdivision as designated by the Sumner comprehensive plan shall be dedicated to the city and constructed or improved to meet all city standards and specifications by the subdivider or their agent, and shall include, but not be limited to, the following:

A. Right-of-way width shall be a minimum of 72 feet;

B. Pavement width (curb to curb) shall be a minimum of 56 feet;

C. Sidewalks shall be provided on both sides of the arterial and shall be a minimum of five feet wide each in an area designated for industrial or residential uses, and shall be a minimum of seven and one-half feet wide each in an area designated for commercial uses;

D. The radii of curvature on the centerline shall be no less than 300 feet;

E. A tangent of at least 200 feet in length shall be provided between reverse curves; and

F. At intersections the street right-of-way shall be rounded by a minimum radii of 35 feet with the curb radii a minimum of 40 feet. (Ord. 1763 § 1 (part), 1996)

17.28.150 Major arterials.

Proposed and existing arterials located within or adjacent to a subdivision, as designated by the city engineer in consultation with the Sumner comprehensive plan, shall be dedicated to the city and constructed or improved to meet all city standards and specifications including, but not limited to, the following:

A. Right-of-way width shall be a minimum of 60 feet;

B. Pavement width (curb to curb) shall be a minimum of 44 feet;

C. Sidewalks shall be provided on both sides of the arterial and shall be a minimum of five feet wide each in an area designated for industrial or residential uses, and shall be a minimum of seven and one-half feet wide each in an area designated for commercial uses;

D. The radii of curvature on the centerline shall be no less than 300 feet;

E. A tangent of at least 200 feet in length shall be provided between reverse curves; and

F. At intersections the street right-of-way shall be rounded by a minimum radii of 35 feet with the curb radii a minimum of 40 feet. (Ord. 1763 § 1 (part), 1996)

17.28.160 Residential arterials.

Proposed and existing arterials located within or adjacent to the subdivision, as designated by the city engineer in consultation with the Sumner transportation comprehensive plan, shall be dedicated to the city and constructed or improved to meet all city standards and specifications including, but not limited to, the following:

A. Right-of-way width shall be a minimum of 60 feet;

B. Pavement width (curb to curb) shall be a minimum of 44 feet;

C. Sidewalks shall be provided on both sides of the arterial and shall be a minimum of five feet wide each;

D. The radii of curvature on the centerline shall be no less than 200 feet;

E. A tangent of at least 150 feet in length shall be provided between reverse curves; and

F. At intersections the street right-of-way shall be rounded by a minimum radii of 30 feet with the curve radii a minimum of 35 feet. (Ord. 1763 § 1 (part), 1996)

17.28.170 Local residential streets.

Proposed and existing streets, other than designated arterials, which are located within or adjacent to the subdivision, and which are to serve property primarily designated for residential uses, shall be constructed or improved to meet all city standards and specifications including, but not limited to, the following; provided, that where the city council finds it necessary for the provision of safe and efficient circulation, the council may require any such streets to be developed or improved to residential arterial standards:

A. Right-of-way width shall be a minimum of 60 feet (55 when the street is a dead-end);

B. Pavement width (curb to curb) shall be a minimum of 34 feet;

C. Sidewalks shall be provided on both sides of the street, and shall be a minimum of five feet wide each;

D. The radii of curvature on the centerline shall be no less than 100 feet;

E. A tangent of at least 100 feet in length shall be provided between reverse curves; and

F. At intersections the street right-of-way shall be rounded by a minimum radii of 25 feet with the curb radii a minimum of 30 feet.

Local residential streets shall be designated in those areas where local internal residential neighborhood streets are not appropriate for the amount of through traffic and the adjacent land uses. Local residential streets are appropriate where adjacent land uses such as schools, parks, and commercial activities result in use of the street for extraordinary parking and circulation. (Ord. 1763 § 1 (part), 1996)

17.28.180 Neighborhood streets.

Proposed and existing streets which are located within or adjacent to the subdivision, and which are to serve property primarily designated for residential uses shall be designated neighborhood streets. Such a street shall generally not be longer than 300 feet, should have limited through traffic, should function as part of a grid of similar streets providing access to an area, and may be in conjunction with alleys which provide secondary access to lots. Neighborhood streets shall be constructed or improved to meet all city standards and specifications including, but not limited to, the following; provided, that where the city council finds it necessary for the provision of safe and efficient circulation, the council may require any such streets to be developed or improved to local residential street standards:

A. Right-of-way width shall be a minimum of 50 feet;

B. Pavement width (curb to curb) shall be a minimum of 28 feet;

C. Sidewalks shall be provided on both sides of the street and shall be a minimum of five feet wide each;

D. The radii of curvature on the centerline shall be no less than 100 feet;

E. A tangent of at least 100 feet in length shall be provided between reverse curves; and

F. At intersections the street right-of-way shall be rounded by a minimum radii of 25 feet with the turn radii a minimum of 30 feet; provided, that the city engineer may modify the radii in situations which shall not create a traffic hazard. (Ord. 1763 § 1 (part), 1996)

17.28.190 Alleys.

Alleys may be provided to the rear of lots zoned for commercial or residential purposes. Alleys shall be at least 14 feet wide in residential zones and 20 feet in commercial and industrial zones. Alleys shall be paved to their full right-of-way width with asphalt concrete or cement concrete. Alleys shall be aligned as near as practicable with the existing pattern of alley development on adjacent blocks. Adequate storm drainage shall be provided as approved by the city engineer. (Ord. 2253 § 2, 2008: Ord. 1786 § 1, 1997: Ord. 1763 § 1 (part), 1996)

17.28.195 Private streets.

A. Private streets shall serve no more than two lots; provided, that one of those lots also has access from a fronting public street.

B. Private streets shall be improved or guaranteed to the standards considered appropriate to the situation by the city engineer and fire marshal, but in all cases shall be paved to a minimum depth of two inches.

C. A private street providing access to one or more commercial or industrial lots shall be a minimum of 30 feet wide; provided, that the city engineer may require such access to be up to 60 feet wide upon finding that such greater width is necessary to provide for adequate access and circulation. (Ord. 1886 § 4, 1999)

17.28.200 Dead-end streets.

A. All dead-end streets shall terminate in a circular turnaround having a minimum right-of-way diameter of 110 feet and a minimum pavement diameter of 90 feet;

B. Dead-end streets or cul-de-sacs shall not be more than 500 feet in length;

C. Existing dead-end streets that are greater than 800 feet in length should be lined to other streets whenever the opportunity arises, unless it can be demonstrated that such connections would lead to a substantial rerouting of through traffic onto the street. Existing dead-end streets longer than 800 feet shall not be allowed to serve substantial new development unless linked to other streets;

D. Right-of-way width for a dead-end street shall be a minimum of 50 feet for neighborhood streets and 55 feet for other streets; and

E. Street ends, when providing street access to adjoining property, shall be extended at full right-of-way width to the boundary of such property and shall be provided with a temporary cul-de-sac. Such cul-de-sac streets shall be paved with a temporary turn-around having a roadway radius of at least 35 feet on a temporary easement. Such temporary easement shall be automatically released upon the extension and construction of said street beyond the boundary of the original subdivision. (Ord. 1763 § 1 (part), 1996)

17.28.210 Street lighting.

Street lighting shall conform to the standards of the city of Sumner and shall be provided and installed by the subdivider. (Ord. 1763 § 1 (part), 1996)

17.28.220 Street trees.

Street tree planting shall conform to the city of Sumner standards and must be approved by the city engineer prior to planting. (Ord. 1763 § 1 (part), 1996)

17.28.230 Underground utilities.

The following standards and specifications apply to underground utilities:

A. All utility lines serving the subdivisions including, but not limited to, power, telephone and television cables shall be installed underground. Easements shall be provided for all such utility lines which will not be located within the public right-of-way;

B. Whenever an intersection of an arterial and any other street is constructed or improved under the requirements of this chapter, and when the city engineer has determined that traffic signalization of such intersection will be needed in the future, the city engineer may require the installation, at the subdivider’s expense, of underground conduit which will be necessary for and will facilitate such future signalization;

C. A 10-foot utility easement is required along the frontage of each lot adjacent to the street right-of-way for the installation of the aforesaid utilities; and

D. All lots are subject to an easement two and one-half feet in width, parallel with and adjacent to all interior lot lines and five feet in width parallel with and adjacent to all rear lot lines for the purpose of utilities and private drainage. (Ord. 1763 § 1 (part), 1996)

17.28.240 Street signs and channelization.

The subdivider shall provide and install all required traffic regulatory signs, street name signs and street striping and channelization as directed by the city engineer and in compliance with all applicable standards and regulations. (Ord. 1763 § 1 (part), 1996)

17.28.250 Sidewalks.

Concrete sidewalks shall be installed by the developer on both sides of the street to city of Sumner specifications. (Ord. 1763 § 1 (part), 1996)

17.28.260 Curbs and gutters.

The developer shall provide permanent concrete curbs and gutters according to city of Sumner standards. (Ord. 1763 § 1 (part), 1996)

17.28.270 Sanitary sewers.

Each lot in a subdivision shall be served by the Sumner sanitary sewer system, designed and installed subject to the review and approval of the city engineer, unless the city finds that:

A. City sanitary sewer service is not practical due to topography, distance from city sanitary sewer facilities of adequate capacity, extreme low proposed development density, or similar factors;

B. On-site sewage disposal systems will not be detrimental to the implementation of the adopted comprehensive sewerage plan;

C. On-site sewage disposal systems will not pose a threat to the public health, safety or welfare;

D. On-site sewage disposal systems are necessary to accomplish the purposes of this chapter;

E. The city engineer has reported favorably on the use of on-site sewage disposal systems; and

F. Each lot to be served by an on-site sewage disposal system shall meet the minimum lot area requirements of the Tacoma-Pierce County board of health rules and regulations, or be not less than 15,000 square feet in area. Land contained in access easements or access panhandles shall not be included in lot area calculations for the purposes of this section. (Ord. 1763 § 1 (part), 1996)

17.28.280 Water.

The water distribution system, including fire hydrants, shall be designed and installed in accordance with city standards and the requirements of the engineering and fire departments. Each lot in a subdivision shall be served by the city of Sumner unless the city finds that:

A. City water service is not practical due to topography, distance from city water facilities of adequate capacity, extreme low proposed developmental density, or similar factors, or legal constraints;

B. Private water service will not be detrimental to the implementation of the adopted comprehensive water plan;

C. Private water service will not pose a threat to the public health, safety or welfare; and

D. Private water service is necessary to accomplish the purposes of the chapter. If private water service is approved, preliminary plat approval shall be conditioned on the ability of the subdivider to obtain all necessary approvals for the private water system or systems, and the final plat shall not be approved until the subdivider demonstrates, to the satisfaction of the city engineer, that the proposed water system or systems will adequately serve the domestic water and fire flow needs of future owners or property within the subdivision. (Ord. 1763 § 1 (part), 1996)

17.28.290 Storm drainage.

An adequate drainage system, including on-site storage systems, necessary pipes, culverts, intersectional drains, drop inlets, bridges, drainage releases where necessary, and similar devices, shall be provided for the proper drainage of all surface water. The hearing examiner may condition the approval of any subdivision plat upon the developer’s installation of storm drainage system. The hearing examiner shall make his/her recommendations based upon a written report prepared by the city engineer. (Ord. 1763 § 1 (part), 1996)

17.28.300 Floods and flood control.

The city may disapprove a proposed subdivision because of flood, inundation or regulated wetlands if the city finds that such condition poses a threat to the public health, safety or general welfare. Where any portion of the proposed subdivision lies within one percent flood hazard area or the regulatory

floodway, the city shall impose a condition on the preliminary plat requiring the subdivider to conform to the Federal Emergency Management Agency (FEMA) flood hazard requirements. In such cases, no development permit associated with the proposed subdivision shall be issued by the city until said FEMA requirements have been met. The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. (Ord. 1763 § 1 (part), 1996)

17.28.310 Additional requirements.

The standards and requirements established or referenced by this chapter are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified adverse environmental impacts pursuant to the State Environmental Policy Act of 1971 as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. (Ord. 1763 § 1 (part), 1996)

17.28.320 Phased subdivision.

Preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments. The preliminary plat approval is conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval is granted for each separate phase of the preliminary plat and any changes at the preliminary plat stage would require approval per SMC 17.16.035. (Ord. 1763 § 1 (part), 1996)

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Footnotes

¹Prior legislation: Ords. 1481, 1484, 1511, 1519, 1528, 1548, 1695 and 1750, repealed by Ord. 1763.