Chapter 15.08


15.08.010    Type of application.

15.08.020    Requirements for a complete application.

15.08.030    Criteria for approval.

15.08.040    Decision.

15.08.050    Modifications to preliminary subdivisions.

15.08.010 Type of application.

A preliminary plat is a Type III application and shall be processed in accordance with the procedures for such applications as set forth in BMC Title 11. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.08.020 Requirements for a complete application.

These requirements are in addition to the minimum application requirements in BMC 11.06.002.

A.    Number of copies: as directed by the city.

B.    Application Contents.

1.    A map or sketch using a scale of 100 feet to one inch or larger, showing:

a.    Boundary lines including bearing and distance;

b.    Easements, including location, width and purpose;

c.    Topographical and other data depicting:

(1)    Proposed plat name, scale, north arrow and date;

(2)    Proposed lot lines, dimensions, lot numbers and block numbers;

(3)    Streets on and adjacent to the tract, including name and right-of-way width and location; type, width and elevation of surfacing; walks, curbs, gutters, culverts, etc.;

(4)    Ground elevations on the tract, based on a datum plane approved by the city engineer; for land that slopes less than approximately two percent, show spot elevations at all breaks in grade, along all drainage channels or swales, and all selected points not more than 100 feet apart in all directions; for land that slopes more than approximately two percent, either show contours with an interval of not more than five feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if necessary because of irregular land or need for more detailed data for preparing plans and construction drawings;

(5)    Other conditions on adjacent land, including approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nonresidential land uses or platted land within 300 feet of the subject property. Refer to subdivision plat by name, recording date, volume and page number, and show lot dimensions and area, and dwelling units;

d.    Utilities on and adjacent to the tract, including location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to and size of nearest pipes, showing invert elevation of sewers;

e.    Other conditions on the tract including watercourses, marshes, rock outcrop, location, site, species and driplines of all existing healthy trees over eight inches in caliper measured four feet above grade, houses, barns, shacks, and other significant features;

f.    Zoning, on and adjacent to the tract;

g.    Proposed public improvements, including highways or other major improvements planned by public authorities for future construction on or near the tract;

h.    Key plan showing location of the tract;

i.    Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses;

j.    Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings;

k.    Minimum building setback lines;

l.    Site data, including total site area, number of residential lots, lot dimensions and area, and acres in parks, etc.;

m.    Plat name, scale, north arrow and date;

n.    Typical cross-sections of the proposed grading; roads showing proposed sidewalks;

o.    Proposed sanitary, storm water and water systems plan(s) with points of connection, grades and sizes indicated;

2.    Title and certificates, including legal description according to official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or licensed land surveyor, date of survey;

3.    Draft of proposed covenants if any;

4.    Information on soil types and their feasibility, as determined by city of Bothell design and construction standards, for LID storm water purposes.

C.    In addition to the application submittal requirements of subsection A of this section, the following application submittal items shall be submitted for subdivisions of parent sites comprising existing detached condominium developments or existing attached townhouse developments:

1.    A copy of the site plan for the parent site as approved by the city through the grading or building permit, planned unit development or other development application process;

2.    A copy of any existing, recorded or proposed covenants, conditions and restrictions, property owners’ association bylaws and incorporation documents, and all other private restrictions or provisions currently applicable or which may become applicable to the subject property;

3.    Evidence of the vote or applicable association/community approval authorizing the submittal of the application; and

4.    A copy of a title company certification (current within 60 days from filing of the preliminary plat) confirming that the title of the lands as described and shown on the binding site plan are in the name of the owner(s) signing the application or plat map. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2123 § 2 (Exh. B), 2013; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.08.030 Criteria for approval.

The hearing body shall make an inquiry into the public use and interest proposed to be served by the establishment of the subdivision and/or dedication, and shall consider:

A.    Whether the preliminary plat conforms to Chapter 15.16 BMC, General Requirements for Subdivision Approval;

B.    Whether appropriate provisions are made for, but not limited to, the public health, safety and general welfare, open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

C.    Whether the public interest will be served by the subdivision and dedication (if applicable). (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996).

15.08.040 Decision.

A.    Each application submitted for final preliminary plat approval shall be accompanied by the following agencies’ recommendations for approval or disapproval:

1.    Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

2.    The appropriate department’s recommendation as to compliance with all criteria of the preliminary approval of the proposed plat subdivision or dedication;

3.    City engineer.

Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (A)(1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.

B.    Time Frame for Decision. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 calendar days from the date of filing of a complete application, unless the applicant agrees to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1871 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1632 § 1, 1996. Formerly 15.08.060).

15.08.050 Modifications to preliminary subdivisions.

Applications to modify subdivisions that have received preliminary approval shall comply with the following:

A.    The following minor modifications shall require approval by the director:

1.    Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval;

2.    Changes in lot dimensions that are consistent with BMC Title 12;

3.    A decrease in the number of lots to be created.

B.    Major modifications shall be reviewed as a Type III or Type II land use decision, as applicable. Major modifications include:

1.    The creation of additional lots;

2.    The reduction of open space; or

3.    Changes to conditions of approval.

C.    Projects shall vest only to those provisions of the preliminary subdivision not requested to be modified. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 2046 § 2 (Exh. B), 2010; Ord. 1871 § 1, 2002).