Chapter 16.04


16.04.010    Purpose.

16.04.020    Scope.

16.04.030    Review procedures.

16.04.040    Neighborhood meeting.

16.04.050    Preliminary plat – Preparation.

16.04.060    Preliminary plat – Contents.

16.04.070    Application submittal and review process.

16.04.080    Approval criteria.

16.04.090    Preliminary full subdivision approval – Phasing.

16.04.100    Improvement method report.

16.04.110    City engineer’s certificate of improvements.

16.04.120    Modifications to an approved preliminary full subdivision.

16.04.130    Preparation of a final plat.

16.04.140    Accompanying documents for a final full subdivision.

16.04.150    Final full subdivision application.

16.04.160    Final plat approval.

16.04.170    Time limitation on final full subdivision submittal.

16.04.180    Effect of an approved final full subdivision.

16.04.190    Distribution of copies and filing of final full subdivision.

16.04.010 Purpose.

The procedures regulating full subdivisions are established to promote orderly and efficient division of land into seven or more lots and to comply with the provisions of Chapter 58.17 RCW and all applicable ordinances, as adopted by the city of Edgewood. (Ord. 06-269 § 2 (Exh. A)).

16.04.020 Scope.

Full subdivisions include all divisions of land into seven or more lots, and may require improvements so that any development will be in compliance with city of Edgewood zoning, environmental and health codes, and any other codes or ordinances that may apply. (Ord. 06-269 § 2 (Exh. A)).

16.04.030 Review procedures.

Full subdivision applications shall be reviewed in accordance with the following procedures:

A. A preliminary full subdivision application is reviewed as a Process III hearing examiner action pursuant to EMC 18.40.100.

B. A final plat application is reviewed as a Process IV quasi-judicial rezone pursuant to EMC 18.40.110.

C. Prior to submission of a preliminary full subdivision application, a preapplication conference as prescribed in EMC 18.40.130 is required. The applicant is responsible for submitting the required information and paying the appropriate fee as set forth in Chapter 3.35 EMC. (Ord. 06-269 § 2 (Exh. A)).

16.04.040 Neighborhood meeting.

Following the preapplication conference and prior to submission of a full subdivision application, the applicant shall conduct a neighborhood meeting. The meeting shall be open to the public and conducted during the evening on a weekday that is not a holiday. A city staff member is required to be present at the meeting and take written minutes. The applicant shall mail notices to property owners consistent with the requirement set forth in EMC 16.01.080 and provide to the city an affidavit confirming the mailing. (Ord. 06-269 § 2 (Exh. A)).

16.04.050 Preliminary plat – Preparation.

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

A. A Washington State licensed engineer or land surveyor shall prepare the preliminary plat.

B. All geographic information portrayed on the preliminary plat shall be accurate, legible and drawn to an engineering (decimal) scale.

C. An electronic copy of the preliminary plat in a format approved by the public works director is required.

D. The preliminary plat shall contain the contents prescribed in EMC 16.04.060. (Ord. 06-269 § 2 (Exh. A)).

16.04.060 Preliminary plat – Contents.

The drawing of the preliminary plat shall contain the following information:

A. Drawn to scale with accurate dimensions at no less than one inch equals 100 feet and the scale shall be shown on the drawing;

B. A numeric scale, graphic scale, true north point, and date of preparation;

C. All existing property lines lying within the proposed plat including those to be vacated, those within 100 feet of the subject property and those within 100 feet of adjacent lots under the same ownership as the property being subdivided;

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

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

F. The approximate location of any critical areas as prescribed in EMC Title 14 and critical area tracts;

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

H. The location of existing sections and municipal corporation boundary lines and tribal boundaries (if applicable) lying within, or adjacent to, the proposed full subdivision;

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

J. Existing contour lines at intervals of two feet elevation when average slopes exceed 10 percent;

K. The location of any existing structures lying within the proposed full subdivisions;

L. The boundaries and 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;

M. The square footage of land contained in access easements, access panhandles or pipestem configurations shall not be included in the lot size computations;

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

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

P. The building envelope shall be indicated for each lot. (Ord. 06-269 § 2 (Exh. A)).

16.04.070 Application submittal and review process.

Applications for preliminary full subdivision applications shall be considered for review upon payment of fees as set forth in Chapter 3.35 EMC, and in accordance with the procedures established in Chapter 18.40 EMC and supplemental procedures in this chapter. The application shall contain the following information:

A. One original, eight copies and at least one eight-and-one-half-inch by 11-inch copy of the preliminary plat containing the information prescribed in EMC 16.04.050 and 16.04.060.

B. Evidence of the neighborhood meeting as prescribed in EMC 16.04.040.

C. Evidence regarding availability of adequate sanitary sewer disposal. Approval from the Tacoma-Pierce County health department as prescribed in EMC 16.01.120 is required if septic systems are utilized.

D. Evidence of water availability from the water purveyor providing service to the property.

E. Other information requested pursuant to EMC 18.40.140, Project permit applications.

F. A vicinity map sufficient to define the location and boundaries of the proposed full subdivision with respect to surrounding property, streets, and other major manmade and natural features. This may be included on the drawing of the preliminary plat. (Ord. 06-269 § 2 (Exh. A)).

16.04.080 Approval criteria.

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

A. The proposed full subdivision conforms to:

1. The Edgewood comprehensive plan;

2. Development standards in EMC Title 18;

3. Critical areas regulations in EMC Title 14; and

4. Any other applicable codes, ordinances, standards, policies or plans adopted by the city.

B. Adequate provisions have been made for utilities and other public services necessary to serve the needs of the proposed full subdivision including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers (where required), parks, playgrounds, schools, sidewalks, trails and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds.

C. Identified environmental impacts of the proposed full subdivision, together with any practical means mitigating adverse impacts, have been considered so that the proposal will not have an unacceptable adverse effect upon the quality of the environment.

D. Approval of the full subdivision will serve the public use and interest.

E. Adequate provision has been made for the public health, safety, and general welfare. (Ord. 06-269 § 2 (Exh. A)).

16.04.090 Preliminary full subdivision approval – Phasing.

Preliminary full subdivision approval must include the entire full subdivision. When a full subdivision is proposed to be developed in phases, the preliminary plat must delineate the separate divisions, which are to be developed in increments. The preliminary full subdivision approval is conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final approval of each phase of the subdivision may occur according to the approved phasing schedule, provided the last phase is finalized and recorded within five years of the preliminary approval. Modifications to the phasing schedule may be approved in writing by the director upon the receiving of such a request in writing from the applicant. (Ord. 06-269 § 2 (Exh. A)).

16.04.100 Improvement method report.

It is the intent of this section that a substantial portion of required improvements set forth in the Edgewood Municipal Code, conditions of plat approval and as determined by the public works director be actually constructed prior to final plat approval.

A. Following preliminary plat approval, but prior to submission of an application for final full subdivision approval, the applicant shall submit two copies of an improvement method report to the city describing the method by which the applicant proposes to carry out the improvements required and the time period within which such improvements will be completed.

B. The applicant shall sign the report. If improvements are not to be installed prior to final plat approval, the report shall be accompanied by any applicable performance guarantees.

C. Improvements may be made or guaranteed by any of the following methods:

1. By furnishing the city with a security bond satisfactory to the city, in which assurance is given to the city that the installation of the minimum improvements will be carried out as provided by plans submitted, approved, and in accordance with city standards and specifications, and under the supervision of the city engineer. The amount of the bond or other security shall be at least 130 percent of the estimated cost of improvements, and shall be of a duration as determined by the city engineer; or

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

3. By a combination of installation and bonding of the improvement. (Ord. 06-269 § 2 (Exh. A)).

16.04.110 City engineer’s certificate of improvements.

No permit for the construction of improvements required for final approval of a full subdivision shall be issued by the public works department until the improvement method report has been received and approved. 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 that the required improvements are in accordance with city standards and specifications and in accordance with the conditions for approving the final plat. The director shall transmit a copy of the certification to the applicant, together with a notice advising the applicant to prepare a final full subdivision for that portion of the area contained in the proposed full subdivision in which improvements have been installed or are guaranteed to be installed and covered by the certificate issued by the city engineer. A copy of the certificate shall be retained in the application file. (Ord. 06-269 § 2 (Exh. A)).

16.04.120 Modifications to an approved preliminary full subdivision.

A. Minor modifications to an approved preliminary full subdivision, not involving the location or relocation of a lot, tract or parcel boundary line and not involving the location or relocation of a street or public way, may be requested by the applicant and approved by the director subject to the provisions for Process I administrative approval prescribed in EMC 18.40.080. The director must find that the following criteria are met before approving such amendment:

1. No additional lots for sale or lease will be created by the modification;

2. The modification will not be inconsistent or cause the full subdivision to be inconsistent with the findings, conclusions, or decision of the preliminary approval;

3. The modification will not cause the full subdivision to violate any applicable city policy, ordinance, or regulation; and

4. The intent of the full subdivision’s original conditions is not altered.

B. Modifications that exceed the criteria above shall be processed as a new preliminary full subdivision application. (Ord. 06-269 § 2 (Exh. A)).

16.04.130 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 as prescribed in EMC 16.01.150.

B. The final plat for recording shall be drawn 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 full 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 plat;

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 Pierce County datum and based on an accurate traverse, with angular and linear dimensions and bearings;

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

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 full subdivision;

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

9. The approximate location of any critical areas as prescribed in EMC Title 14 and critical area tracts;

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

11. Addresses of the individual lots;

12. Existing contour lines at intervals of two feet elevation when average slopes exceed 10 percent;

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

14. 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 within a full subdivision boundary;

15. 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;

16. Accurate outlines and legal descriptions of any area 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;

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

18. Any restrictions or conditions on the lots or tracts within the full subdivision, as required by the preliminary approval, local and state regulations, or at the discretion of the property owner;

19. 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 or engineer 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;

20. A signed certification on the face of the plat stating that the full subdivision has been made with the free consent and in accordance with the desires of the owner or owners;

21. If the full subdivision includes a dedication, the plat or a separate written instrument shall contain:

a. 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.

b. 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.

c. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided.

d. An offer of dedication may include a waiver of right of direct access to any street from any property. The city engineer as a condition of approval may require such waiver.

e. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quitclaim deed to the said donor or grantee for use for the purpose intended by the donation or grant.

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

22. Forms for the appropriate certifications of the owners, surveyor, city engineer, director, Tacoma-Pierce County health department, assessor-treasurer and Pierce County auditor and the mayor as prescribed in EMC 16.01.160;

23. Any additional pertinent information as required at the discretion of the public works director and the director. (Ord. 06-269 § 2 (Exh. A)).

16.04.140 Accompanying documents for a final full subdivision.

A. In cases where any protective deed covenants or homeowners’ association contracts or agreements will apply to lots or parcels within a full subdivision, a typewritten or printed copy of such covenants and contracts or agreements shall be submitted along with the final plat and recorded against all lots in the full subdivision.

B. The final full subdivision shall be accompanied by a complete survey of the section or sections in which the full subdivision or resubdivision is located, or as much thereof as may be necessary to properly orient the full subdivision within such section or sections. The full subdivision 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 full subdivision shall be accompanied by a plat certification dated within 30 days of the submission of the final plat containing:

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 full subdivision, the public works director may require an American Land Title Association (ALTA) title policy.

D. The final full subdivision shall be accompanied by lot closures.

E. All documents submitted under this section shall contain the name of the full subdivision and the name and address of the applicant.

F. Homeowners’ associations contracts/agreements regarding privately maintained utilities must be approved by the city of Edgewood and, following recordation, a copy of the recorded document must be sent to the city. (Ord. 06-269 § 2 (Exh. A)).

16.04.150 Final full subdivision application.

Applications for final full subdivision approval shall be made on forms provided by the city along with the required fee as prescribed in Chapter 3.35 EMC and include the following:

A. Six non-Mylar copies of the final plat prepared in accordance with EMC 16.04.130, Chapter 58.09 RCW, Chapter 332-130 WAC and any applicable conditions granting preliminary approval of the final plat; and

B. Accompanying documents as prescribed in EMC 16.04.140. (Ord. 06-269 § 2 (Exh. A)).

16.04.160 Final plat approval.

After the city has reviewed the application for a final full subdivision and found the final plat to be in compliance with all applicable codes and conditions of approval, the applicant shall have a Mylar copy prepared of the final plat and submit it to the city. The applicant shall be responsible for obtaining the required signatures prior to submitting the Mylar to the city for city council approval. (Ord. 06-269 § 2 (Exh. A)).

16.04.170 Time limitation on final full subdivision submittal.

The final full subdivision meeting all conditions of approval and local and state requirements shall be submitted to the city council within five years of the date of the preliminary full subdivision approval, or the preliminary approval shall expire and become null and void except as specifically provided for in accordance with RCW 58.17.140 and 58.17.170. (Ord. 16-462 § 3; Ord. 06-269 § 2 (Exh. A)).

16.04.180 Effect of an approved final full subdivision.

A full subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of final approval for a period of five years after final plat approval, unless the city council finds that a change of conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 06-269 § 2 (Exh. A)).

16.04.190 Distribution of copies and filing of final full subdivision.

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

A. The original Mylar with signatures shall be returned to the applicant to be recorded with the auditor;

B. The applicant shall transmit two paper copies to the Pierce County assessor;

C. The applicant shall transmit two paper copies of the recorded plat to the city; and

D. The Mylar drawing with the recording number shall also be submitted to the city in an electronic format approved by the city engineer. (Ord. 06-269 § 2 (Exh. A)).