Chapter 17.14
PRELIMINARY LAND DIVISIONS

Sections:

17.14.010    Preliminary subdivisions, short subdivisions, binding site plans, and large lot subdivisions.

17.14.020    Preapplication/application procedures.

17.14.030    Submission.

17.14.040    Review criteria.

17.14.050    Administrative consideration.

17.14.060    Hearing examiner consideration.

17.14.070    Notification of action.

17.14.080    Duration of approval.

17.14.090    Phased development.

17.14.100    Responsibility of applicant.

17.14.110    Changes, alterations or deletions.

17.14.010 Preliminary subdivisions, short subdivisions, binding site plans, and large lot subdivisions.

Preliminary land divisions shall be reviewed as described below:

A.    Administrative Review. Short plats, binding site plans and large lot subdivisions shall be reviewed by the development review committee, the composition of said committee is defined in TMC 14.02.020. See also TMC 14.08.030 regarding jurisdictional authority.

B.    Hearing Examiner Review. Preliminary plats shall be reviewed by the development review committee which shall forward their recommendation to the hearing examiner for his/her decision.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.14.020 Preapplication/application procedures.

The land divider shall comply with procedures set forth in TMC 14.02.060 through 14.02.090 in processing project permit applications.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.14.030 Submission.

A.    Application. Each land division submitted to the city shall be accompanied by a completed application form as provided in TMC Chapter 14.02. Such blank form shall be provided by the community development department. The information requested on such form shall be revised and updated from time to time by the community development department.

B.    Environmental Checklist. With the exception of short plats not located on or adjacent to a water body or other environmentally sensitive areas such as wetlands, all other applications for divisions of land shall be accompanied by a completed environmental checklist. Such environmental checklist form shall be provided by the community development department.

C.    Title Report. A title report or plat certificate issued by a title company which shows property ownership and any easements or other encumbrances shall be submitted with the application package. Such title report or plat certificate shall be dated no more than thirty days prior to submittal.

D.    Format of Plan. All drawings of preliminary land divisions shall be prepared on sheet(s) not exceeding twenty-four by thirty-six inches.

A scale of fifty feet to the inch is preferred, although other engineering scales may be used at the discretion of the designer. Architectural scales shall not be used.

E.    Number of Copies. The number of copies of a proposed preliminary division of land required for submittal shall be set by the community development department in direct response to the needs of the review authorities. The number of copies shall be clearly indicated on the application form and may vary depending on the type of land division proposed.

F.    Content of Plan. Generally, the information required to be submitted with or on a proposed preliminary division of land plan shall be specified on the application form as provided by the community development department. The type and amount of information required may be changed from time to time by the department to respond to the needs of the reviewing authorities. Generally, such information shall be the minimum required to properly review the proposed division of land and determine its potential environmental impacts. While it is the intent of the city to standardize as much as possible the submittal requirements, it may be necessary from time to time for the staff or other reviewing authorities to request additional information from the applicant beyond that specified on the application forms, in order to adequately review plans for sites with unique characteristics or unique development plans.

G.    Adjacent Property Owners. Included with the application packet for any proposed preliminary division of land must be a list of properties located within three hundred feet of the subject property, its registered owner(s) and their mailing addresses as listed in the office of the county assessor. This list must be submitted on the form provided by the community development department for that purpose in order to facilitate the mailing of notices to the property owners. The director may extend the area of the required list beyond three hundred feet in cases where three hundred feet does not adequately identify neighbors affected by the pending action.

If the list is not prepared at the assessor’s office, or at an office having direct computer access to the assessor’s ownership records, the date of receipt of the master list from which the information was taken shall be indicated on the form when submitted to the city. In no case shall the information be based on a master list more than three months old at the time of filing the application.

H.    Public Notification. In the case of preliminary land divisions going before the hearing examiner, notification of the required public hearing shall be as provided by this code. Notification of administrative consideration of preliminary land divisions shall be by posting of the site in three conspicuous places.

I.    Time Limit for Action. As provided in TMC 14.02.080 and 14.02.090, when the community development department has received a complete application, it shall be approved or disapproved within one hundred twenty days or as soon as reasonably practicable; provided, that if an expanded environmental checklist, environmental assessment or environmental impact statement is required as provided in Chapter 43.21C RCW, the one-hundred-twenty-day period shall not include the time spent preparing and circulating the environmental documents.

J.    Specific Requirements.

1.    Phasing. If phasing of the land division is anticipated, such phasing must be indicated on the plan. When projects are phased, care must be taken to ensure that each phase or combination of phases can meet all applicable requirements on their own. Examples would include utility systems, emergency vehicle access, and adequate turnaround areas. When an applicant owns adjacent land, the phasing plan shall include preliminary draft layouts of the master plan for the total property. Special attention shall be given to the compatibility of layouts and the provision of transportation and pedestrian linkages.

2.    Distribution of Information. The staff of the department shall distribute copies of the preliminary land division plan and pertinent information to the members of the development review committee and other agencies and utilities as appropriate. A copy of the proposed land division shall also be sent to the State Department of Transportation and the Port of Olympia.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.14.040 Review criteria.

A.    Hearing Examiner and/or Community Development Department Inquiry into Public Use and Interest. The hearing examiner and/or community development department shall inquire into the public use and interest proposed to be served by the establishment of the proposed land division and dedication. The hearing examiner and/or staff shall determine: if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, other grounds, transit stops, potable water supplies, sanitary wastes, parks and recreation playgrounds, schools and school grounds, fire protection and other public facilities, and shall consider all other relevant facts, including the physical characteristics of the site, and determine whether the public interest will be served by the land division and dedication. Further, consideration shall be given for sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. If the hearing examiner and/or staff find that the proposed division of land makes appropriate provisions for the above, and makes written findings to that effect, then it shall be approved. If the hearing examiner and/or staff find that the proposed land division does not make such appropriate provisions or that the public use and interest will not be served, then the hearing examiner or staff shall disapprove the proposed division of land.

B.    Dedication. Dedication of land, provision of public improvements to serve the land division, and/or payment of impact fees allowed by state law, to any public body, may be required as a condition of land division approval. Evidence of such dedication and/or payment shall accompany final land division approval. No dedication, provision of public improvements, or impact fees imposed in conformance with state law shall be allowed that constitutes an unconstitutional taking of private property.

C.    Release from Damages from Other Property Owners. The hearing examiner and/or staff shall not, as a condition of approval, require an applicant to obtain a release from damages from other property owners.

D.    Flood Hazard Areas. The hearing examiner and/or staff shall consider the physical characteristics of a proposed land division site, and may disapprove a proposed division because of flood, inundation or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final land division. No division shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW, without the prior written approval of the State Department of Ecology.

E.    Health Department. As a condition of preliminary land division approval, the health department may require plan modifications in those instances where topography, soils, water table or other conditions are such that the changes are necessary in order to prevent possible health hazards due to ground or surface water contamination or sewage disposal system malfunction.

F.    School District. When a proposed division wholly or partially contains a school site proposed in the comprehensive plan or other officially adopted plans, as a mitigation measure in an environmental document or determination or when the school district finds a reasonable foreseeable need for such a site, the applicant may be required to dedicate a portion of the division or reserve it for future purchase by the school district. The city shall require evidence of need from the school district as a prerequisite to requiring dedication or reservation. The hearing examiner and/or staff may recommend a time limit on the effective period of any reservation.

G.    Fire Department. When the affected fire department finds a reasonably foreseeable need for a site wholly or partially contained within the preliminary land division, the applicant may be required to dedicate a portion of the site or reserve it for future dedication. Evidence of need from the fire department is a prerequisite to requiring dedication or reservation. The hearing examiner and/or staff may recommend a time limit on the effective period of any reservation.

H.    Parks. When a preliminary division includes the area of a trail or open space network which is indicated in the park plan element of the comprehensive plan or other officially adopted plan, an area encompassing such trail or open space network may be required to be set aside for its intended purpose. It may be provided by the granting of a trail or open space easement to the city, dedication or reservation for future purchase by the public. The hearing examiner and/or staff may determine a reasonable time or specify the event, limiting the effective period of the reservation. Where land is set aside in accordance with this provision, the area of such land may be counted toward satisfaction of open space/park requirements of TMC 17.12.210.

I.    Shoreline Management. Whenever a preliminary division of land is wholly or partially located within an area subject to the jurisdiction of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, the applicant shall comply with the Shoreline Master Program for the Thurston Region, Chapter 90.58 RCW, as amended.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-021, Amended, 12/02/1997; Ord. 1308, Added, 10/15/1991)

17.14.050 Administrative consideration.

All preliminary short plats, binding site plans and large lot subdivisions shall be reviewed by the development review committee based on the standards contained in this title and any other applicable ordinances or policies. If the proposed division is determined to meet the applicable standards and only if written findings that are appropriate, as provided in RCW 58.17.110, are made, it shall be approved.

(Ord. 1308, Added, 10/15/1991)

17.14.060 Hearing examiner consideration.

In the case of preliminary land divisions, upon receipt of the recommendation from the development review committee, a public hearing shall be set before the hearing examiner. At the conclusion of the public hearing, the hearing examiner may approve, approve with conditions, deny, or continue the matter. If the proposed land division is approved, it shall only be approved based on written findings as provided in RCW 58.17.110.

(Ord. 1308, Added, 10/15/1991)

17.14.070 Notification of action.

Upon final approval, disapproval or modification of the preliminary land division, the community development department shall send notice to the applicant and his/her authorized representative by mail within five days of said action. The action of the hearing examiner or staff shall be noted on two copies of the preliminary land division including reference to any attached documents describing conditions imposed. The community development department shall return one copy to the land divider and retain one copy for the permanent file. The notice shall state the duration of the approval.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.14.080 Duration of approval.

Approval of the preliminary land division shall be effective for seven years from the date of approval by the staff or hearing examiner as required, during which time a final land division(s) may be submitted. During this time the terms and conditions upon which the preliminary approval was given will not be changed, except as provided for in TMC 17.14.110. Land divisions that are not submitted as phased development under TMC 17.14.090 are eligible for time extensions in accordance with the criteria and procedures provided hereinafter.

A.    An initial one-year extension, which has been filed at least thirty days prior to the expiration of the seven-year period, may be granted by the community development director or his/her designee upon a finding that the applicant has attempted in good faith to submit the final plat within the seven-year period. Submittal of complete engineering plans for the plat prior to the expiration of the seven-year time limit shall constitute a good faith effort.

B.    Two additional one-year extensions may be administratively granted, which shall be reviewed for compliance with the following:

1.    The applicant has pursued submitting the final plat in good faith. Submittal of complete engineering plans for the plat prior to the expiration of the seven-year time limit shall constitute a good faith effort on the part of the applicant;

2.    There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes which are inconsistent with the approved preliminary plat, unless such changes can be incorporated into the existing plat without significantly altering the plat as originally approved by the hearing examiner; and

3.    There are no other significant changed conditions that would render filing of the preliminary plat contrary to the public health, safety or general welfare.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-004, Amended, 05/04/2010; Ord. O2000-004, Amended, 07/18/2000; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

*Code reviser’s note: Section 3 of Ord. O2010-004 reads, “Amendments made in sections 1 and 2 of this Ordinance shall expire on December 31, 2014, and the provisions therein shall revert to their prior form.”

17.14.090 Phased development.

A.    Residential developments containing more than one hundred dwelling units and commercial or industrial developments covering more than twenty acres are eligible to attain final plat approval in phases. Phased approval of final plat is limited to developments with at least two but not more than four phases.

Upon receipt of the recommendation from the development review committee, the hearing examiner shall hold a public hearing and shall review the phased land division in accordance with this title, the recommendations of the development review committee, reports of other agencies and officials, if any, and the hearing testimony. At the hearing, the hearing examiner shall consider and may alter any part of the proposed phased development. The hearing examiner may approve, approve with conditions, or disapprove the phasing plan.

The preliminary plat for a phased development shall show the number of phases, the area each phase encompasses, and the sequence for submission for recording of the various phases. The period of time between the date of the preliminary approval of the phased land division by the hearing examiner and the date of filing for final plat approval for the first phase may not exceed seven years; provided, however, that a time extension may be granted in accordance with TMC 17.14.080(A). Construction plans for each phase of a phased development shall include stormwater management facilities that comply with all state and local requirements in effect at the beginning of the time period allotted for that phase. Applications for final plat approval for each successive phase must be submitted within three years of the submittal for final plat approval on the previous phase.

B.    For phased preliminary plats, approved after August 1, 2006, the duration of approval for each phase set forth in subsection A of this section may be individually extended in one-year increments upon written request of the applicant and approval by the community development director; provided, that:

1.    The phased preliminary plat has not expired by limitation.

2.    The applicant submits a timetable with the request for extension demonstrating that the total duration of years for all phases of an approved phased preliminary plat will not exceed the total duration that would have occurred by following the timeline set forth in subsection A of this section. For example, additional time to attain final plat approval on any individual phase must be made up from time saved on one or more of the other phases of the phased preliminary plat.

3.    The applicant demonstrates to the satisfaction of the director that controls and practices are in place to maintain the property throughout the period of the extension to prevent erosion and overgrown vegetation, and to control site access, where applicable.

C.    Time extensions that are granted pursuant to these regulations shall continue to be subject to the conditions of approval and vested rights that applied to the approved phased preliminary plat prior to the extension, with the exception of storm water management regulations and building and fire codes. If time extensions are granted pursuant to these regulations, subsequent phases shall meet current storm water management regulations and building and fire codes. The director’s decision shall be a final decision of the city of Tumwater and not subject to administrative appeal.

(Ord. O2011-015, Amended, 12/20/2011; Ord. O2010-004, Amended, 05/04/2010; Ord. O2000-004, Added, 07/18/2000)

*Code reviser’s note: Section 3 of Ord. O2010-004 reads, “Amendments made in sections 1 and 2 of this Ordinance shall expire on December 31, 2014, and the provisions therein shall revert to their prior form.”

17.14.100 Responsibility of applicant.

Knowledge of the expiration date is the responsibility of the applicant. The city shall not be held accountable for notification of expiration.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.14.110 Changes, alterations or deletions.

Once the preliminary land division map has been approved, it shall not be altered unless approved by both the department of community development and public works department. If the alteration is felt to be of a substantial nature by the community development and public works departments, then the land division shall be resubmitted in accordance with the procedures for preliminary division approval.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)