Chapter 24.06
Short Subdivisions--Large Lot Subdivision1
Sections:
24.06.020 Short plat procedure and fees.
24.06.040 Owner’s free consent.
24.06.060 Departmental review.
24.06.110 Large lot divisions.
24.06.010 Applicability.
Every short plat and short subdivision shall comply with the provisions of this chapter.
(a) Exemptions. The provisions of this chapter do not apply to the following:
(1) Deed releases, for the purpose of obtaining building financing; provided, that a short plat is required if said parcel is separately sold or if all land specified by the contract is not acquired.
(2) Divisions which were surveyed in accordance with the Survey Recording Act and are recorded with the auditor.
(3) Up to six model homes may be established on a single tract of land without short platting; provided, the City has approved a preliminary subdivision which includes the specific lots upon which the model homes are to be located.
(4) Divisions made by court order; provided, that this exemption shall not apply to land divided pursuant to dissolution or any partition proceedings.
(5) Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.
(6) Any division or divisions of land for the sole purpose of enabling the City of DuPont or other public agency to acquire land, either by outright purchase or exchange, for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.
(b) The entire original tract (except adjacent platted or short platted land) shall be included within one short plat application.
(c) Five-Year Restriction. Short plats and large lot divisions, or any portion thereof, shall not be further divided by short subdivision within five years of the date of the short plat or large lot division approval pursuant to RCW 58.17.060(1). This requirement shall be stated on the face of the short plat. (Ord. 07-835 § 1).
24.06.020 Short plat procedure and fees.
Except as provided by this chapter, a short plat shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing. (Ord. 07-835 § 1).
24.06.030 Filing.
(a) The Department shall prescribe the form and content for complete applications made pursuant to this section. In addition to the contents of a complete application prescribed by the Department, a complete application for a short plat must contain the information and documents required by the following:
(1) A completed general application form and if applicable an environmental checklist. Said forms and checklist to be obtained from the Department.
(2) The filing fee set by separate ordinance. Said fee shall be paid at time of filing.
(3) Names and addresses of all property owners within 300 feet of the subject property, available from the county assessor’s office.
(4) One set of prestamped envelopes addressed to all property owners within 300 feet of the subject property.
(5) Such additional information as the Director deems necessary.
(6) Seven paper prints of a proposed short plat shall be filed with the Department.
(b) A short plat shall meet the following standards:
(1) Drawn in ink to a scale not smaller than one inch equals 50 feet or other approved scale or mylar, a sheet size of 18-inch by 24-inch.
(2) The plat shall show the boundary and dimensions of the “original tract” including its assessor’s parcel number, section, township and range, and all adjoining public or private streets and identifying names as such.
(3) A vicinity map drawn to a scale of four inches equals one mile or other approved scale of sufficient detail to orient the location of the original tract.
(4) Name and address of the owner of record of the “original tract,” scale of the drawing, and north directional arrow.
(5) All lots shall be identified by numerical designation. The dimensions of each lot shall be shown.
(6) Width and location of access to all short platted lots.
(7) The location and use of all buildings on the original tract.
(8) Space or a second 18-inch by 24-inch mylar sheet shall be reserved for comments and appropriate City signatures.
(9) Where a survey is required, the form of the plat shall be as required by the Survey Recording Act. (Chapter 50 Washington Laws of 1973, or as amended.) (Ord. 07-835 § 1).
24.06.040 Owner’s free consent.
The contract purchasers shall sign a statement prescribed by the Department signifying that the short plat is made with their free consent and in accordance with the desires of the owners. (Ord. 07-835 § 1).
24.06.050 Survey.
Recordable surveys shall be required. All surveys shall be accomplished as required by Chapter 332-130 WAC and the “Survey Recording Act” (Chapter 58.09 RCW), except an additional recording will not be required for the “Survey Recording Act.”
All lot staking shall be completed by the certifying professional land surveyor prior to the recording of the short plat.
All short plat corners, including interior lot corners, shall be staked with steel rebar or metal pipe with a cap which permanently bears the land surveyor’s registration number. When the plat corner(s) or lot corner(s) falls in a body of water, over the edge of a steep slope or other inaccessible area, an offset corner will be permitted. When the boundary line of a short plat follows a meandering line, corners shall be set as directed by the City. A meeting with City staff to discuss corner locations is recommended.
When the legal description of the short plat utilizes a partial or complete section subdivisional breakdown to establish the short plat boundaries, section subdivision survey information in accordance with the requirements of WAC 332-130-030 shall be shown on the short plat mylar.
All reference monuments used in the establishment of the short plat corners shall be identified, described, and noted as set or found on the short plat mylar. When appropriate, the short plat survey shall reference the recorded or previous survey that was the basis for the short plat survey.
When the short plat is adjacent to a constructed City street and the short plat corner(s) or its offset represents a one-sixteenth corner, quarter corner, section corner, or donation land claim corner that is not of record or is lost or obliterated, a City standard monument(s) shall be placed in the City street. In cases where a monument of record is found, the existing corner does not have to be replaced.
Whenever a short plat is adjacent to an existing City street and/or right-of-way, the centerline of that street shall be located on the short plat drawing. If the existing constructed City street or maintained street section falls outside of the documented right-of-way, the surveyor shall identify the existing edge of pavement and limits of the maintained street section on the short plat drawing and show its relationship to said centerline. (Ord. 07-835 § 1).
24.06.060 Departmental review.
(a) The City Engineer shall review the short plat for adequacy of access, storm water drainage facilities, water supply, survey accuracy, feasibility for building sites and for compliance with the public works standards.
(b) The Department shall review the short plat for conformance with zoning laws, the comprehensive plan and subdivision code, DMC Title 23, Environment, DMC Title 25, Land Use Code, and shoreline management use regulations, and review comments provided by other governmental agencies and/or interested parties.
(c) Pierce County shall review the short plat for adequacy of the sewer system.
(d) The Fire Department shall review the short plat for adequacy of the fire protection water system and access for fire-fighting equipment. (Ord. 07-835 § 1).
24.06.070 Review criteria.
Short plat applications shall be reviewed and may be conditioned to conform to the following items:
(a) Access.
(1) General. The short plat shall be reviewed for compliance with the public works standards including adequate ingress and egress to all proposed lots. Extension of streets or access rights from property line to property line of the short subdivision land may be required so that the street may be extended in the future. If there is other reasonable access available, the City Engineer may limit the location of direct access to City arterials or other City streets. When an adjoining landowner will be obligated to construct or maintain a future street, a note to this effect shall be stated on the face of the short plat.
(2) Private Streets. Unless the City has existing plans, maps, sketches or studies for a City arterial on the properties in issue, the City Engineer may approve private streets if all persons and their successors, who own the land adjoining the street within the short plat, have equal legal rights to use said private street area, and a note indicating such is placed on the short plat drawings. Said developer and/or adjoining landowners and their successors shall bear the expenses of constructing and maintaining said street and a note to this effect shall be made on the face of the short plat mylar. Where the short plat or land beyond the short plat is being divided into more than four lots, private streets shall not be allowed.
(b) Drainage. The short plat shall be reviewed for compliance with the public works standards including but not limited to adequate drainage facilities. Requirements for any necessary facilities may be required to be on the face of the short plat.
(c) Sewer. The short plat shall be reviewed for potential sewer adequacy. If known local conditions exist which may affect future building sites, these conditions may be stated on the face of the short plat.
(d) Feasibility for Building Sites. Areas which are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions, mud slides or avalanche may be noted on the face of the short plat.
(e) Water Supply and Fire Protection. The short plat shall be reviewed for potential adequacy of water supply and fire protection.
Subsections (a) through (e) of this section may be considered as criteria for which a short plat may be denied. Existing City standards shall be used during the review process.
(f) DuPont Comprehensive Plan, DuPont Municipal Code and Any Other City Plan, Policy or Requirement. The short plat shall be reviewed and may be conditioned to insure compliance with applicable policies of the DuPont Comprehensive Plan, applicable requirements of the DuPont Municipal Code and any other applicable City plans, policies or requirements. (Ord. 07-835 § 1).
24.06.080 Summary approval.
(a) Procedure.
(1) The Department shall forward two paper prints to the City Engineer, other City departments, any affected public utility agencies, the Fire Department, and Pierce County.
(2) Each department or official shall either recommend approval, disapproval, or return of the short plat for change. The Director shall have the final authority to approve, approve with conditions or deny a short plat application.
(b) Required Written Findings for Short Plat. The Director or designee shall inquire into the public use and interest proposed to be served by the establishment of the short plat and dedication. The Director or designee shall determine:
(1) If appropriate provisions are made for but not limited to the public health, safety, and general welfare for open spaces, drainageways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
(2) Whether the public interest will be served by the short plat and dedication.
(c) A short plat and dedication shall not be approved unless the Director or designee makes written findings that:
(1) Appropriate provisions are made for the public health, safety, and general welfare, for open spaces, drainageways, streets or streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
(2) The public use and interest will be served by the platting of such subdivision and dedication. If the Director or designee finds that the proposed short plat make such appropriate provisions and that the public use and interest will be served, then the Director or designee shall approve the proposed short plat and dedication.
(d) Effect of Approval. The approval of a short plat shall not be a guarantee that future permits will be granted for any structures or development within said area and a notation to this effect shall be stated on the face of the short plat. (Ord. 07-835 § 1).
24.06.090 Appeals.
Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060. (Ord. 07-835 § 1).
24.06.100 Alterations.
(a) Alterations to an approved short plat shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing. Alterations shall comply with RCW 58.17.215.
(b) This section shall not apply to boundary line adjustments or the alteration or any plat of State-granted tide or shore lands.
(c) If the short plat is subject to restrictive covenants that were filed at the time of the approval of the short plat, and an alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short plat or portion thereof.
(d) Preparation. The application shall be drawn and shall meet the drafting standards as herein specified for short plats. Drawings shall contain the signatures of the majority of those persons having an ownership interest in the lots, tracts, parcels, sites or divisions within the short plat or in that portion of the short plat to be altered.
(e) Hearing – Optional. Pursuant to RCW 58.17.215, a notice of application shall be issued with a 14-day comment period. The notice shall contain the following statement, “Any property owner within the proposed alteration may request a public hearing. Said request shall be submitted in writing to the Director prior to close of the 14-day notice of application comment period consistent with RCW 58.17.215.”
(f) Approval Standards. Alterations shall be subject to the same review criteria as herein specified for short plats. Approvals shall comply with RCW 58.17.060 and 58.17.110.
The City shall determine the public use and interest in the proposed alteration and may deny or approve the application. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the short plat, such land may be altered and divided equitably between adjacent properties.
(g) Recording. After City approval, the applicant shall produce a recordable drawing of the approved short plat alteration, which signature of the Mayor, City Engineer and Director shall be obtained and filed with the county auditor to become the lawful plat of the property.
(h) Appeals. Any part of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060. (Ord. 07-835 § 1).
24.06.110 Large lot divisions.
(a) Large lot divisions shall be processed with a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing.
(b) Approval Standards. Large lot divisions shall be subject to the same review criteria as herein specified for short plats. Approvals shall comply with RCW 58.17.060 and 58.17.110.
(c) Preparation. Large lot divisions shall be drawn and shall meet the drafting standards as herein specified for short plats.
(d) Recording of Surveyed Divisions. After City approval, the applicant shall produce a recordable drawing of the approved short plat alteration, which signature of the Mayor, City Engineer and Director shall be obtained and filed with the county auditor to become the lawful plat of the property.
(e) Appeals. Any party of record may appeal the Director’s final decision to the Examiner in accordance with DMC 25.175.060.
(f) Amendments to an approved large lot division shall be processed as a Type I procedure pursuant to DMC 25.175.010.
(g) Five-Year Restriction. Short plats and large lot divisions, or any portion thereof, shall not be further divided by short subdivision within five years of the date of the short plat or large lot division approval pursuant to RCW 58.17.060(1). This requirement shall be stated on the face of the short plat. (Ord. 07-835 § 1).
Prior legislation: Ords. 378 and 05-789.Statutory references: Chapter 58.09 RCW, Chapter 332-130 WAC.