Chapter 18.13
SUBDIVISIONS*

Sections:

General Provisions

18.13.010    Purpose.

18.13.020    Scope.

18.13.030    Definitions.

18.13.040    State enabling legislation as it applies to this chapter.

18.13.050    Notification of other agencies.

Preliminary Plats

18.13.060    Pre-application meeting.

18.13.070    Neighborhood meeting.

18.13.080    Application.

18.13.090    Submittal requirements.

18.13.100    Determination of completeness and sufficiency.

18.13.110    Referral to other offices.

18.13.120    Planning Department actions.

18.13.130    Notice of public hearing.

18.13.140    Hearing Examiner action.

18.13.150    Time limitation.

18.13.160    Modification of an approved preliminary plat.

18.13.170    Expiration and extension of time.

Final Plats

18.13.180    Pre-submittal meeting.

18.13.185    Application.

18.13.190    Submittal requirements.

18.13.200    Administrative review of final plats.

18.13.210    Appeals of final plats.

18.13.220    Dedications.

18.13.230    Completion of improvements.

18.13.240    Design and review of improvements.

18.13.250    Permits.

18.13.260    Supervision and inspection.

18.13.270    As-built plans.

18.13.280    Deferred improvements.

18.13.290    Certificate of completion.

18.13.300    Review – Referral to other departments and agencies.

18.13.310    Review – Departmental approval.

18.13.320    Review – Time limitations.

18.13.330    Recording of the final plat.

18.13.340    Review – Extension of approval date.

Short Plats

18.13.350    Application.

18.13.360    Submittal requirements.

18.13.370    Review procedures.

18.13.380    Design standards.

18.13.390    Required improvements.

18.13.400    Recordation of short plats.

18.13.410    Modifications.

Lot Line Adjustments

18.13.420    Application.

18.13.430    Criteria.

18.13.440    Recordation of the lot line adjustment.

Binding Site Plans

18.13.450    Eligible developments.

18.13.460    Approval criteria.

18.13.470    Recordation of the binding site plan.

18.13.480    Alterations and vacations.

*Prior legislation: Ords. 1326, 1386, 1439, 1452, 1645, 1785, 2014, 2032, 2108, 2283, 2301, 2388, 2405, 2491, 2501 and 2552.

General Provisions

18.13.010 Purpose.

The purpose of this chapter is to provide rules, regulations, requirements and standards for the subdivision of land, for obtaining binding site plans, and of the adjustment of existing lot lines within the City, ensuring:

A.    That the highest feasible quality in subdivisions will be obtained;

B.    That the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected, complying with the provisions of Chapter 58.17 RCW;

C.    That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted;

D.    That the proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made;

E.    That maximum advantage of site characteristics shall be taken into consideration;

F.    Avoid placing undue and unnecessary burdens on both the applicant and the City; and

G.    That the process shall be in conformance with provisions set forth in Issaquah Municipal Code; IMC Title 18, Land Use Code; and the Issaquah Comprehensive Plan. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.020 Scope.

A.    This chapter shall apply to lot line adjustments and the division of any land for sale, lease, transfer, or building development into two (2) or more parcels.

B.    No person, firm or corporation proposing to make, or having made, any division of land as described above within the City limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short plat, subdivision, or binding site plan in accordance with this Code.

C.    Exceptions: The provisions of this chapter shall not apply to:

1.    Cemeteries and other burial plots while used for that purpose;

2.    Divisions made by testamentary provisions, or the laws of descent;

3.    A division for the purpose of lease when no residential structure other than mobile 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 City regulations;

4.    Portions of property deeded to the City for the limited purpose of providing a right-of-way and/or utility facilities, such as but not limited to a pumphouse, reservoir or well site, provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the Planning Director/Manager is received.

D.    All contiguous land shall be included in a plat application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this section. The applicant shall certify that she/he has included all contiguous land in a plat application and that she/he does not own or otherwise have a legal interest in ownership of contiguous parcels.

E.    Any land being divided into four (4) or fewer parcels, lots, tracts, or sites shall conform to the short plat provisions of this chapter. Nothing in this chapter shall prevent a landowner who has short-platted a parcel into fewer than four (4) lots from filing a short plat within a five (5) year period to create up to a total of four (4) lots within the boundary of the original short plat. Any land being divided into five (5) or more parcels, lots, tracts or sites for any purpose, and any land which has been divided under the short plat process within five (5) years shall conform to the provisions of the preliminary and final plat procedures of this chapter. The only exception to this provision shall be those lands being subdivided through the binding site plan procedures of this chapter. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.030 Definitions.

Block: A group of lots, tracts or parcels within defined and fixed boundaries.

Bond or performance bond: A written certificate or a security guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the City has recourse to an identified fund from which to secure performance of specified work.

City Treasurer: City Finance Director.

Dedication: The deliberate appropriation of land by an owner for any general and public uses, reserving to themselves 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. Dedication shall be evidenced by the filing or recording with the King County Department of Records and Elections of a document of conveyance or a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the written approval of such plat or conveyance for filing by the appropriate governmental unit.

Final plat: The final drawing of the subdivision and dedication prepared for filing for record with the County Department of Records and Elections and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title.

Flag lot: A lot which has a very narrow frontage along the right-of-way in order to accommodate the driveway which accesses the wider, buildable portion of the lot.

Lot of record: A lot which is part of a subdivision recorded in the office of the County Department of Records and Elections, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Meander line: A line along a body of water intended to be used solely as a reference for surveying.

Metes and bounds: A series of lines around the perimeter of an area known as a metes and bounds description; “metes” means bearings and distances, and “bounds” means and refers to monuments both physical and legal.

Owner: All persons, partnerships, corporations and other entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.

Performance bond or guarantee: See Bond.

Plat: A map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

Preliminary approval: The official favorable action taken on the preliminary plat of a proposed subdivision metes and bounds description or dedication by the Hearing Examiner following a duly advertised public hearing.

Preliminary plat: A neat drawing of a proposed subdivision showing the proposed layout of streets and alleys, lots, blocks, utilities and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which furnish a basis for the approval or disapproval of the layout of a subdivision.

Segregation: The division of land into two (2) or more “tax parcels” for tax purposes only.

Servient lot: Any lot which has the burden of providing an access easement for use by other lots.

Short plat: A document consisting of a map together with written certificates, dedications and data showing the division of land into four (4) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, transfer, or building development.

Site: A lot or combination of lots improved with a single residence, structure, or similar use.

Standard record of survey: A record of survey form approved and provided by the City.

Subdivision: The division of land into five (5) or more lots, tracts, parcels, sites or divisions for the purposes of sale, lease, or transfer of ownership, except as provided for within the short plat section of this chapter.

Vehicular-access easement or tract: A privately owned right-of-way. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.040 State enabling legislation as it applies to this chapter.

This chapter is adopted pursuant to Chapter 58.17 RCW. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.050 Notification of other agencies.

Notice of the preliminary plat shall be provided in accordance with IMC 18.04.180, Public notification. In addition a notice of the filing of a preliminary plat which is within one thousand (1,000) feet of the municipal boundaries, or which contemplates the use of special use districts or other City’s or town’s utilities, shall be given to the appropriate special districts, County, or City authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a state highway shall be given to the State Department of Transportation. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location and purpose of the hearing and a description of the property to be platted. (Ord. 2596 § 3 (Exh. B2), 2010).

Preliminary Plats

18.13.060 Pre-application meeting.

Prior to the submittal of a preliminary plat application, the applicant shall complete the pre-application meeting process identified in IMC 18.04.130, Pre-application meeting. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.070 Neighborhood meeting.

A.    The intent of the neighborhood meeting is to allow the community to participate in the pre-application process to raise potential issues and concerns regarding a proposed subdivision.

B.    Planning staff shall facilitate the neighborhood meeting where the applicant shall present the pre-application submittal to the neighbors.

C.    A record of the meeting shall be kept by planning staff which shall become a part of the complete application for a preliminary plat.

D.    The meeting shall be held on a weekday in the evening unless a different day and time is mutually agreed upon by the applicant and neighbors adjacent to the proposed development, subject to the approval of the Planning Director/Manager.

E.    The applicant will be provided adequate time to present the proposed subdivision to the community.

F.    Notice of the meeting shall be mailed out in accordance with IMC 18.04.170, Notice of application. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.080 Application.

A.    Application for a preliminary plat shall be filed with the Permit Center on forms provided by the Planning Department.

B.    Application fees shall be paid in accordance with the City’s Land Use Fee Schedule, IMC 3.64.010, Fees imposed, at the time of submittal.

C.    Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Chapter 18.10 IMC, Environmental Protection. The information required is a part of and must accompany the preliminary plat application. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.090 Submittal requirements.

A.    The following shall be part of the preliminary plat:

1.    A vicinity map adequate to readily identify the location of the plat in relationship to its surrounding vicinity. A second vicinity map that identifies development projects in the surrounding area may be required;

2.    The subdivision name and number, name and address of the owner, and the name and address of the land surveyor and the subdivision engineer;

3.    The date of preparation, the true north point, a graphic scale and drawn to an appropriate decimal scale;

4.    The legal description of the property to be subdivided;

5.    The location of existing and proposed platted property lines, and existing section lines, streets, buildings, watercourses, railroads, bridges, and any recorded public or private utility or roadway easements, both on the land to be subdivided and on the adjoining lands that abut the proposed subdivision, for a distance of one hundred (100) feet from the edge of the subject property;

6.    Contours (solid), proposed contours (dotted) and elevation (at minimum five (5) foot intervals) to the extent necessary to accurately predict drainage characteristics of the property. Contours shall be extended at least one hundred (100) feet beyond the boundaries of the proposed plat and references to the United States Coast and Geodetic Survey (U.S.C. and G.S.) datum;

7.    The names, location, widths and other dimensions of proposed streets, alleys, easements, parks and other open spaces, reservations and utilities;

8.    How the proposed subdivision will be served by utilities and the location of water and sewer lines;

9.    The acreage of land to be subdivided; the number of lots, the area and dimensions of all lots; and the approximate square footage and approximate percentage of total acreage in open space;

10.    The square footage of all dedicated rights-of-way, utility easements and tracts;

11.    A statement of soil type, drainage conditions, present landscaping including a description of any natural or manmade land cover, wildlife present, the location of significant trees and information required in accordance with Chapter 18.12 IMC, and any other environmental factors which may be prescribed by the Planning Department;

12.    All existing structures and distances from any existing and proposed lot lines within or abutting the subdivision within a distance of fifty (50) feet;

13.    Monumentation of all exterior corners and streets and be surveyed by a land surveyor licensed in the state;

14.    Provisions for sidewalks, placement or construction of traffic calming features and devices, and other planning features that assure safe walking conditions for students who walk to and from school, users of public transit and other pedestrians; and

15.    All of the information requested on the application form by the Planning Director/Manager. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.100 Determination of completeness and sufficiency.

See IMC 18.04.150, Complete application – Sufficiency review. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.110 Referral to other offices.

See IMC 18.04.190, Project assessment. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.120 Planning Department actions.

A.    The Planning Department may determine that a meeting be conducted to resolve major issues identified as a result of departmental agency recommendations. Such meeting shall be attended by those departments or agencies responsible for the recommendations and must include the applicant and the Planning Department.

B.    The Planning Department shall assemble and transmit to the Hearing Examiner all pertinent information and the administration recommendations and an additional copy shall be provided for public review in the Planning Department offices. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.130 Notice of public hearing.

The Planning Department shall give notice of the time, location, and purpose of the public hearing as established in IMC 18.04.180, Public notification. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.140 Hearing Examiner action.

A.    The Hearing Examiner shall, after review of the preliminary plat, the administration’s recommendation, testimony, and exhibits submitted at the public hearing, approve, conditionally approve, or disapprove the preliminary plat.

B.    Prior to any approval of the preliminary plat, all minimum street and utility improvements, in compliance with Chapter 12.04 IMC, Street Standards, or reasonable conditions deemed necessary to fulfill the purpose of the subdivision code shall be specified by the Hearing Examiner and the applicant shall be advised of such.

C.    Approval of a preliminary plat shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, as required, in strict conformance to the approved preliminary plat, design standards, and any special conditions required by the Hearing Examiner, and to prepare a final plat. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.150 Time limitation.

Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety (90) days from the date on which a determination of sufficiency is issued unless the applicant consents to an extension of such time period or the ninety (90) day limitation is extended to include up to twenty-one (21) days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety (90) day period shall not include the time spent preparing and circulating the environmental impact statement by the City. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.160 Modification of an approved preliminary plat.

Modifications of an approved preliminary plat shall be reviewed as a new application unless the modifications meet all of the criteria under either subsection A of this section, Exceptions, or subsection B of this section, Administrative Amendment:

A.    Exceptions: The following modifications of preliminary plat approval may be reviewed through plat engineering:

1.    Engineering detail, unless the proposed detail modifies or eliminates features specifically required as an element of the preliminary plat approval;

2.    Minor changes in lot line or dimensions;

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

B.    Administrative Amendment: A proposed amendment which the Planning Director/Manager determines meets the criteria of this section will be processed as an administrative amendment (Level 2) unless the applicant has chosen to have the amendment reviewed as a new application.

1.    The Planning Director/Manager may approve or approve with modifications a proposed amendment to an approved preliminary plat if:

a.    The amendment maintains the design intent or purpose of the original approval; and

b.    The amendment maintains the design quality established by the original approval; and

c.    The amendment does not cause a significant environmental or land use impact on or beyond the site; and

d.    Circumstances render it unfeasible or detrimental to the public interest to accomplish the subject condition or requirement of preliminary plat approval.

2.    The Planning Director/Manager may include conditions as part of an approval or approval with modifications to ensure conformance with the decision criteria above.

3.    The Planning Director/Manager shall issue a written decision on the administrative amendment which contains the following:

a.    A description of the original preliminary plat approval and the proposed amendment; and

b.    An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and

c.    A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section.

4.    In accordance with IMC 18.04.100(B), Levels of Review Matrix, the Planning Director/Manager may return the preliminary plat application and amendment request to the Hearing Examiner for a public hearing on the requested amendment and issue a decision. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.170 Expiration and extension of time.

A.    Approval of any preliminary plat shall expire and the preliminary plat shall be considered withdrawn seven (7) years from the date of such preliminary plat approval unless an extension of the approval period is granted by the Planning Director/Manager pursuant to this section (RCW 36.70A.065). The timely and proper submittal of a request for extension of a preliminary plat is the responsibility of the applicant.

B.    Extensions shall be granted only in one (1) year increments. However, the Planning Director/Manager may grant any number of extensions as long as each extension is considered individually.

C.    Upon expiration of preliminary plat approval, or the expiration of any extension of the preliminary plat approval, the applicant shall be required to resubmit for preliminary plat approval notwithstanding any improvements completed under the prior approval.

D.    Requests for extension of preliminary plat approval must be submitted to the Planning Department a minimum of thirty (30) days prior to the expiration date and shall set forth any reasons for justifying the requested extension.

E.    A properly submitted request for extension that is determined to be sufficient will stay the expiration of the preliminary plat until the Planning Director/Manager’s decision on the extension takes place.

F.    Factors to be considered in the Planning Director/Manager’s determination shall include, but not be limited to:

1.    Evidence of intention on the part of the applicant to complete the plat;

2.    Unusual engineering problems, weather, or factors beyond the applicant’s control;

3.    Changes in City construction standards and/or land use regulations that might make additional review on the proposed subdivision advisable. (Ord. 2596 § 3 (Exh. B2), 2010).

Final Plats

18.13.180 Pre-submittal meeting.

Prior to submitting an application for a final plat, the applicant shall request an informal meeting through the Planning Department. The purpose of this meeting is to allow City staff and the applicant to review all code requirements and the conditions of approval to ensure that all requirements have been met or bonds have been received by the City for those requirements that are being delayed. No application for final plat shall be deemed sufficient unless the list is included. The intent of the meeting is to save the applicant time and resources in the preparation of a final plat.

A.    The applicant is responsible for providing the following items:

1.    One (1) copy of the final plat for discussion purposes; and

2.    A list of items for which the applicant proposes to submit a bond; and

3.    The cost estimate for any items for which bonds may be required.

B.    City staff will provide the following:

1.    A list of items that their department has full or partial responsibility for inspection prior to accepting the final plat; and

2.    A list of the items still needed to be completed before the final plat application can be accepted. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.185 Application.

A.    Application for the final plat shall be filed with the Permit Center on forms supplied by the Planning Department.

B.    Application fees shall be paid in accordance with the City’s Land Use Fee Schedule, IMC 3.64.010, Fees imposed, at the time of application. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.190 Submittal requirements.

The applicant shall submit a final plat containing the information specified by the Planning Department. The Planning Department is hereby authorized to maintain a list of the content requirements. The list shall incorporate, at a minimum:

A.    The requirements of state law regarding subdivisions (Chapter 58.17 RCW);

B.    The filing fee as established by ordinance;

C.    Any additional pertinent information necessary for adequate review of the application. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.200 Administrative review of final plats.

A.    Upon receipt of a final plat and all required information, it shall be reviewed by the Planning staff. Once a determination of completeness and sufficiency has been determined the application shall be forwarded to all City departments for review. Notice of the application shall be mailed out to all parties-of-record for the preliminary plat. The Planning Director/Manager shall prepare a report, including an appropriate recommendation, and transmit the documents to the Hearing Examiner.

B.    The Hearing Examiner shall review the final plat and all documents including any public comments and approve the final plat if the final plat:

1.    Except for minor modifications under IMC 18.13.160, Modification of an approved final plat, is consistent with the approved preliminary plat; and

2.    Is consistent with the provisions of this title and Chapter 58.17 RCW.

C.    Minor Deviations from Preliminary Plat: Unless a final plat meets the requirements for minor deviations as outlined below, the proposed final plat will be processed as a new preliminary plat application:

1.    The Hearing Examiner may approve a final plat that is different from the preliminary plat if the change:

a.    Does not increase the number of lots; and

b.    Does not decrease any lot size by more than ten (10) percent; and

c.    Does not substantially alter the location or nature of any improvements or any other element of the subdivision; and

d.    Does not significantly alter the subdivision.

2.    Final plats with changes that do not meet the criteria for minor deviations must be processed as new preliminary plats. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.210 Appeals of final plats.

See IMC Table 18.04.250-2: Table of Level 0 through 6 Review Appeals. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.220 Dedications.

The City’s written approval on the plat documents constitutes acceptance of all dedications shown on the plat. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.230 Completion of improvements.

The owner shall complete, or bond, all required rights-of-way, easements, utility and all other improvements before the City will sign the plat documents. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.240 Design and review of improvements.

All required improvements shall be designed by a professional engineer licensed in the state of Washington and submitted to the City for review and approval before any construction is started. Improvement designs shall be submitted for review in plan and profile form showing street lines, sanitary sewers, storm sewers, water lines and any similar improvements drawn to a vertical to horizontal ratio of ten (10) to one (1) with any variations to be approved by the Public Works Director. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.250 Permits.

Prior to proceeding with any subdivision improvements, the applicant shall obtain those permits from the City as are necessary. The applicant is also responsible for complying with all applicable permit requirements of other federal, state and local agencies. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.260 Supervision and inspection.

A licensed engineer or a construction inspector supervised by the licensed engineer shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing by the licensed engineer as completed in accordance with plans and specifications as approved by the Public Works Department. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.270 As-built plans.

As-built plans shall be turned over to the Public Works Department and shall be on reproducible material acceptable to that department. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.280 Deferred improvements.

A.    Written Notice: A final plat shall not be approved by the Hearing Examiner until all required improvements are constructed in a satisfactory manner and approved by the responsible City departments, or sufficient bond has been satisfactorily posted in lieu of completion. In the event an applicant wishes to defer certain on-site improvements, written notice shall be made to the Planning Department.

B.    The applicant shall furnish a performance bond to the City in an amount equal to one hundred fifty (150) percent of the estimated cost of the deferred improvements. The decision of the Public Works Director, regarding the amount of the performance bond, shall be final and conclusive.

C.    Time Limit: Such bond, to be filed with and held by the City Clerk, shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within one (1) year from the Notice of Decision of the final plat by the Hearing Examiner. Extensions of this time period may be authorized by the Public Works Director. In the event an extension is authorized, the bond shall be revised to reflect the new completion date.

D.    Check in Lieu of Bond: The applicant may substitute a certified or cashier’s check, assignment of funds, or any other method of security acceptable to the City in lieu of a performance bond. Such substitution shall be made payable to the City Treasurer (Finance Director) and shall be in the same amount and carry with it the same restrictions as the bond for which it is substituting.

E.    Proceed Against Bond or Other Security: The City reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other security in lieu thereof.

F.    Binding Upon Applicant: The requirement of the posting of any performance bond or other security shall be binding upon the applicant, his heirs, successors and assigns.

G.    Notification to Planning Department: The Public Works Director shall notify the Planning Department in writing of the following: the improvements deferred, amount of bond or other security and time limit of such, and any other pertinent information. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.290 Certificate of completion.

The Public Works Director shall inform the Planning Department, in writing, verifying that the applicant has completed the required installations and/or bonding in accordance with the provisions of this Code and the specifications and standards of the departments. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.300 Review – Referral to other departments and agencies.

The Planning Department may distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.310 Review – Departmental approval.

Within ten (10) days of the date of receipt of a complete final plat application, the Public Works Department shall review the final plat and submit to the Planning Department a written report addressing the following conditions:

A.    The proposed final plat bears the required certificates and statements of approval;

B.    A title insurance report furnished by the applicant confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the Plat Certificate;

C.    The facilities and improvements required to be provided by the applicant have been completed or, alternatively, that the applicant has submitted with the proposed final plat a performance bond or other security in conformance with this Code (IMC 18.13.230, Completion of improvements);

D.    The plat is technically correct and accurate as certified by the land surveyor responsible for the plat. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.320 Review – Time limitations.

The City shall issue a Notice of Decision on a final plat within thirty (30) days after the applicant is notified of a complete application, unless the applicant consents to an extension of time period, in accordance with RCW 36.70B.080. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.330 Recording of the final plat.

Upon approval by the Hearing Examiner, the final plat shall be signed by the City Treasurer (Finance Director), Public Works Director, Planning Director/Manger, and Mayor and attested to by the City Clerk. The filing of the final plat shall be the responsibility of the applicant. Three (3) copies of the recorded plat along with an electronic copy formatted in a manner acceptable to the Public Works Department shall be returned to the Permit Center within ten (10) days of recording. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.340 Review – Extension of approval date.

Final approval by the Hearing Examiner of a portion or phase of the final plat will constitute an automatic extension of one (1) year for the remainder of the final plat from the Notice of Decision approval date. Additional extensions of six (6) months may be granted by the Planning Director/Manager. (Ord. 2596 § 3 (Exh. B2), 2010).

Short Plats

18.13.350 Application.

The following conditions shall determine the acceptability of short plats:

A.    Create legal building sites with respect to zoning and health regulations. Nonbuildable lots may be approved for specific purposes. Such lots shall be marked nonbuildable on the plat;

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

C.    Contain suitable physical characteristics; a proposed short plat may be denied because of critical areas (flood, inundation, wetland (swamp) conditions or steep slopes); or construction of protective improvements may be required as a condition of approval;

D.    Consider adjacent municipal and King County subdivision standards, if applicable, in addition to the requirements of this Code; and

E.    Provide for adequate drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed necessary. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.360 Submittal requirements.

The applicant may apply for a short plat by submitting information to the Permit Center on the forms provided by the Planning Department. The Planning Department is hereby authorized to maintain a list of the application requirements. The list shall incorporate, at a minimum:

A.    The requirements of state law regarding short plats;

B.    The filing fee as established by the City’s Land Use Fee Schedule, IMC 3.64.010, Fees imposed;

C.    All information required under the State Environmental Policy Act, Chapter 43.21C RCW, and the administrative guidelines and local ordinance adopted to implement it;

D.    The square footage of dedicated rights-of-way, utility easements, and tracts;

E.    Any additional pertinent information necessary for adequate review of the application. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.370 Review procedures.

A.    The proposed short plat will be reviewed through a Level 2 process (see IMC 18.04.370, Level 2 Review).

B.    Copies of the application shall be submitted to the Permit Center.

C.    The proposed short plat shall have public notification in accordance with IMC 18.04.180, Public notification.

D.    The Planning Director/Manager is authorized to approve, approve with modifications, or deny the application for short plat. The applicant will be notified in writing by the Planning Director/Manager as to the requirements for the filing of the short plat or its denial.

E.    The decision of the Planning Director/Manager shall be final unless an appeal is filed in accordance with IMC 18.04.250, Administrative appeals. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.380 Design standards.

A.    Lands which the Planning Director/Manager has found to be unsuitable due to flood, inundation, or swamp conditions likely to be harmful to the safety, welfare and general health of the future residents, and the Planning Director/Manager considers inappropriate for development, shall not be subdivided unless adequate means of control have been formulated by the applicant and approved by the Public Works Director.

B.    The applicant shall furnish a soil test if required by the Public Works Director. The Public Works Director shall determine whether control measures are warranted. The applicant shall be responsible for the design, installation and expense of any device or corrective measures subject to the approval of the Public Works Director.

C.    All lots shall abut upon or have adequate access, by easement or private road, to a dedicated or deeded public right-of-way. In the event that an existing abutting public rights-of-way does not meet the minimum width standards, additional right-of-way may be required prior to approval of a short plat.

D.    The minimum land area for each lot shall be no less than the minimum allowed by IMC 18.07.360, District standards table, for the specific zone in which the proposed short plat is planned to be located, plus any additional area to be used for access easement and/or private roadway. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.390 Required improvements.

A.    Prior to approving any short plat, the Planning Director/Manager shall determine that the following improvements are available for each parcel created by the division of land:

1.    Adequate water supply when necessary;

2.    Adequate method of sewage disposal;

3.    Provision for appropriate deed, dedications and easements;

4.    Storm drainage improvements and storm sewers when necessary;

5.    Fire hydrants when necessary;

6.    Street and alley paving, and concrete curbs, gutters and sidewalks when necessary;

7.    Street lights when necessary;

8.    Adequate provisions for sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

B.    All improvements shall be constructed in accordance with Chapter 12.04 IMC, Street Standards. All required improvements shall be bonded prior to recording of the short plat.

C.    Improvements not specifically mentioned in this chapter, but found necessary due to conditions found on the site by the Public Works Director, shall be required.

D.    As-built plans of all public improvements as installed shall be required before the City will accept the improvements.

E.    Based on the recommendation of the Public Works Director, the Planning Director/Manager may require survey and monumentation of any short plat. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.400 Recordation of short plats.

All short plats shall be filed with the King County Department of Records and Elections and shall not be deemed formally approved until so filed. The filing of the short plat shall be the responsibility of the applicant. Every short plat filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the short plat is in the name of the applicant. A copy of the recorded plat shall be returned to the Permit Center within ten (10) days of recording along with an electronic copy in a format acceptable to the Public Works Department. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.410 Modifications.

A.    Modifications to short plats after approval shall require a new short plat application pursuant to this chapter unless such modifications constitute minor modifications meeting all of the following criteria:

1.    The modification complies with all of the requirements of this chapter; and

2.    The modification does not involve the alteration or vacation of City easements, roads, or City-owned lands; and

3.    The Planning Director/Manager determines that there will not be substantial changes in the impacts on the neighborhood or the City as a result of the change; and

4.    The modification will not increase the number of lots; and

5.    The modification will not significantly alter any condition of approval.

B.    The consideration of the minor modification shall be made upon written request to the Planning Department. The Planning Director/Manager’s decision will be the final decision of the City unless appealed in accordance with IMC Table 18.04.250-2: Table of Level 0 through 6 Review Appeals.

C.    If a minor modification is approved after recording, the revised plat map shall meet the standards specified in WAC 332-130-050 regarding survey maps. (Ord. 2596 § 3 (Exh. B2), 2010).

Lot Line Adjustments

18.13.420 Application.

Any person proposing to make a lot line alteration for the purpose of adjusting boundary lines between platted or unplatted lots, or both, shall file with the Permit Center, on a form provided by the City, information concerning such proposal sufficient to show that the proposed alteration is in compliance with the criteria listed in IMC 18.13.430, Criteria. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.430 Criteria.

The Planning Director/Manager may approve the proposed lot line adjustment if it meets the following criteria:

A.    Compliance with all requirements of the zoning code for the zoning district, in which the property is located as identified on the zoning map, such as lot size and required yards; and

B.    All lots shall be adjacent to, or have a legally created means of access to, a City street; and

C.    The applicant shall provide a current title report identifying all persons and entities having any interest in the real property which is the subject of the proposed lot line alteration. The approval of the proposed lot line adjustment by signature of the persons or entities having an interest in the real property shall be provided as required by the Planning Director/Manager. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.440 Recordation of the lot line adjustment.

All lot line adjustments shall be filed with the King County Department of Records and Elections and shall not be deemed formally approved until so filed. The filing of the lot line adjustment shall be the responsibility of the applicant. Every lot line adjustment filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the lot line adjustments is in the name of the applicant. A copy of the recorded lot line adjustment shall be returned to the Permit Center within ten (10) days of recording along with an electronic copy in a format acceptable to the Public Works Department. (Ord. 2596 § 3 (Exh. B2), 2010).

Binding Site Plans

18.13.450 Eligible developments.

The following types of development are subject to the provisions of this section:

A.    A division for the purpose of lease when nonresidential structures other than mobile homes or travel trailers are permitted to be placed upon the land;

B.    A division of land into lots or parcels located within industrial, commercial or office zones as defined in the zoning code;

C.    A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, Horizontal Property Regimes Act (Condominiums). (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.460 Approval criteria.

A binding site plan may be approved through the Level 2 process (see IMC 18.04.370, Purpose, through 18.04.400, Thresholds – Level 2) unless linked to a higher level of review permit if it meets all of the following criteria:

A.    The division is consistent with the state binding site plan regulations outlined in RCW 58.17.035; and

B.    The City approves the binding site plan as part of a development permit; and

C.    The binding site plan is shown to a scale acceptable to the Planning Department; and

D.    The binding site plan identifies and shows the areas and locations of all streets, roads, improvements, utilities and open spaces; and

E.    The binding site plan contains inscriptions or attachments setting forth all limitations and conditions for the use of land as established by the City; and

F.    The binding site plan contains a provision requiring that any development of the subject property be in conformance with the binding site plan; and

G.    The binding site plan contains thereon the following statement: “All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one (1) or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ association has a membership or other legal or beneficial interest.” (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.470 Recordation of the binding site plan.

All binding site plans shall be filed with the King County Department of Records and Elections and shall not be deemed formally approved until so filed. The filing of the binding site plan shall be the responsibility of the applicant. Every binding site plan filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the binding site plan is in the name of the applicant. Lots, parcels, or tracts created with the binding site plan procedure shall be legal lots of record. The applicant shall within ten (10) days of recording the binding site plan return one (1) copy of the recorded document along with an electronic copy, in a format acceptable to the Public Works – Engineering Department, to the Permit Center. (Ord. 2596 § 3 (Exh. B2), 2010).

18.13.480 Alterations and vacations.

Proposals for alterations and vacations of binding site plans shall be reviewed by the Planning Director/Manager using the criteria in IMC 18.13.160, Modification of an approved preliminary plat. (Ord. 2596 § 3 (Exh. B2), 2010).