Chapter 16.04


16.04.005    Purpose.

16.04.010    Preliminary plats.

16.04.020    Information required for preliminary plats.

16.04.030    Preparation of final plat maps.

16.04.040    Information required for final plat submittal.

16.04.045    Public improvements and dedications.

16.04.050    Monuments.

16.04.055    Final plat applications.

16.04.060    Certificates required for final approval.

16.04.070    Approvals required for final plat.

16.04.075    Review and approval of preliminary and final plats.

16.04.080    Filing required for final plats.

16.04.085    Correction of platting errors.

16.04.090    Replats.

16.04.100    Time limits.

16.04.110    Model or display home permits.

Legislative history: Ord. 97-406.

16.04.005 Purpose.

The purpose of this chapter is to provide high-quality, well-designed neighborhoods that are considerate of the city’s natural features. This chapter implements the comprehensive plan, land use element, by supporting and encouraging new residential development that is compatible with surrounding land uses in height, scale, intensity and design, and in character with the high quality of development in the city. Design guidelines and strategies like those included in the “Residential Development Handbook for Snohomish County, 1992” should be incorporated into the design of new subdivisions. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

16.04.010 Preliminary plats.

Preliminary plats shall be prepared by a professional land surveyor registered in the state of Washington. The scale shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; however, other engineering scales may be used if necessary. Preliminary plats shall not exceed a size of 18 inches by 24 inches. (Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

16.04.020 Information required for preliminary plats.

A. The following information is required on all site plans submitted for preliminary plat review:

1. The name, if any, of the proposed development.

2. A formal, accurate legal and common description that precisely defines the location and boundaries of the proposed development.

3. The name, address, seal and signature of the land surveyor who prepared the preliminary plat map.

4. A vicinity sketch clearly showing the location of the property.

5. The date the preliminary plat map was prepared or revised, the scale, north arrow, and quarter section, section, township and range.

6. Total acreage and square feet of the land to be divided and the land area by acreage and in square feet of each of the proposed lots.

7. Existing zoning and zoning boundaries on the site and immediately adjacent property.

8. Dimensions and numbers or description for each lot and tract.

9. Setback lines for all proposed lots having unusual shape, steep topography, critical areas, wetlands or other environmental or unusual limitations on its building site.

10. All existing property lines within and adjacent to the proposed development, the names and mailing addresses in written and electronic format of the owners and residents of adjacent property within 500 feet or as specified in Chapter 14.07 MCMC, along with pre-stamped, addressed envelopes.

11. A current topographic survey. Contour lines in areas to be developed shall be at two-foot intervals, or as specified by the city engineer. Five-foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property at least 300 feet to show the topographical relationship of adjacent property to the proposed development.

12. The location, name and width of all existing and proposed street rights-of-way, all easements within or adjacent to the proposed development, the grade of the proposed streets and the pavement location of existing and proposed streets. Road profiles may be required as determined by the city engineer.

13. The location of all existing structures, drain fields, wells, storage tanks, and improvements within the proposed development and within 50 feet of the proposed development.

14. All areas proposed to be dedicated to the public, and all spaces or areas to be owned in common by the lot owners.

15. The location of all known or suspected soil or geological hazard areas, water bodies, streams, flood zones, lakes, ponds, creeks, wetlands, and other critical areas and their proposed buffers in accordance with Chapters 15.10, 15.12 and 18.06 MCMC.

16. The possible future lot lines if any lot is large enough to allow future division.

17. The location of existing and proposed utility lines and easements, sewer and water mains adjacent to or within the proposed subdivision, and the names of the purveyors of all utility services to be supplied to the plat.

18. The location of all existing and proposed easements.

19. A legend identifying all existing and proposed boundary lines, buffers, drainage facilities and utilities, roadway sections, erosion control facilities, grading and critical areas, landscape features, and other required items specified above.

B. The following additional information shall be submitted with the preliminary plat site plan in order for an application to be evaluated for a determination of complete application:

1. An accurate and thorough tree survey including accurate drip lines of all significant trees determined by the director to be retained or located in areas to be preserved, submitted in accordance with the applicable submittal requirements of MCMC 15.10.050.

2. A preliminary grading plan in accordance with Chapters 15.10 and 15.12 MCMC.

3. A preliminary stormwater management plan including runoff calculations, documentation that the minimum technical requirements of the 2012 Stormwater Management Manual for Western Washington as amended in December 2014 as adopted by the city have been met, upstream and downstream analysis, a maintenance plan for any new stormwater facilities and existing and proposed drainage facilities for the site and adjacent areas as specified by the city engineer, and feasibility analysis of using LID facilities, all consistent with Chapter 15.14 MCMC.

4. A letter of water and sewer availability from the purveyors.

5. A completed and signed environmental checklist and critical area identification forms pursuant to Chapter 18.06 MCMC.

6. Supplemental studies as determined necessary by the directors of community development and public works. Supplemental studies typically include but are not limited to traffic, drainage, critical areas, and geotechnical issues.

7. The name, address and telephone number of the developer and all owners of the property and a current certificate of ownership (i.e., dated within 30 days of submittal) from a title company authorized to do business in this state confirming ownership.

8. Other information that may be required by the director of community development or city engineer in order to properly review and evaluate the proposed subdivision.

9. Fees in accordance with Chapter 3.42 MCMC. (Ord. 2017-814 § 2; Ord. 2011-723 § 2 (Exh. B); Ord. 2009-702 § 2 (Exh. C); Ord. 2005-609 § 2)

16.04.030 Preparation of final plat maps.

Final plat maps shall be prepared in accordance with the following:

A. A land surveyor registered in the state of Washington shall prepare or supervise the preparation of the final plat, pursuant to RCW 58.04.003, and shall certify and sign the map.

B. A land surveyor registered in the state of Washington shall survey the land to be divided, and as much of the sections in which the land is located as is needed to properly orient the land within the sections. The survey shall comply with applicable state and city standards. (Ord. 2005-609 § 2)

16.04.040 Information required for final plat submittal.

The following information is required to be placed on all final plat maps:

A. The full and complete legal description of all land included in the plat.

B. Location and names, without abbreviation, of all streets, public areas, easements within and adjoining the plat.

C. The length and bearings of all straight lines, radii, arcs and semi-tangents of all curves.

D. Centerline data on streets and easements, including bearings and distances.

E. All dimensions along the lines of each lot and tract, in feet and decimals of a foot to the nearest hundredth, with the true bearings and any other data necessary for the location of any boundary line in the field.

F. Centerline data, width and sidelines of all easements, restrictions, and rights-of-way to which lots and tracts are subject.

G. Easements for storm drains, sewers, utilities and all other purposes shall be denoted by broken lines.

H. Provisions satisfactory to the city attorney, ensuring city access to storm drainage facilities and public access to trails or sidewalks if required as a condition of preliminary plat approval.

I. Contiguous plats, by name or if unplatted, so noted.

J. City and county boundaries crossing or adjoining the subdivision.

K. All lots shall be numbered in sequence.

L. Each lot shall be shown entirely on one sheet.

M. All points which were used as ties to establish the boundaries of the tract.

N. The location and type of all permanent monuments within the subdivision.

O. Accurate boundaries of all areas to be dedicated or reserved for public use or to be committed for the common use of property owners within the subdivision. All dedications and reservations shall be stated on the plat together with appropriate recording references as required by the director.

P. All required dedications, endorsements, covenants, affidavits and certificates shall be stated and shown on the face of the plat.

Q. The section, township and range.

R. Conditions of approval of the preliminary plat including but not limited to dedications, reservations, roadway buffer/cutting preserves, property buffers, open space tracts, critical areas and buffers, LID features, stormwater requirements and homeowners’ association obligations.

S. Homeowners’ association documents, condominium declarations, and other similar documents required or permitted by the preliminary plat. (Ord. 2017-814 § 2; Ord. 2005-609 § 2)

16.04.045 Public improvements and dedications.

Public improvements shall be designated, constructed, and approved as required in Chapter 16.16 MCMC. Dedications shall be made as required by Chapter 16.14 MCMC. (Ord. 2005-609 § 2)

16.04.050 Monuments.

The surveyor shall set monuments at street intersections, lot and block corners, boundary angle points, points of curves in streets, points of tangents in streets, points of intersection in streets, controlling corners on the boundaries of the land and at other points as required by the city engineer. The type of monument and the method of setting shall be specified by the city engineer pursuant to the current edition of the city of Mill Creek “Design and Construction Standard Plans.” (Ord. 2005-609 § 2)

16.04.055 Final plat applications.

Applications for final plat approval shall be accepted only when all of the following conditions have been satisfied:

A. All plans, specifications and documents relating to required public improvements have been approved and accepted in writing by the city engineer.

B. All deeds, conveyances, covenants, dedications, indemnities, restrictions, and agreements have been approved in writing by the city attorney.

C. All fees are paid and accepted, all voluntary contributions are accepted and approved, and all security devices are approved and effective.

D. All improvements and other conditions required by the preliminary plat approval have been installed and approved, or have been bonded in accordance with this title.

E. All sewage disposal, water supply and other utility systems are functioning properly and are determined adequate.

F. All required certifications by the owner, financial institutions, and surveyor are signed.

G. A title report, completed within 30 days preceding submittal of a complete final plat, is delivered to the city showing that ownership and all other interests in the land described and shown on the final plat is in the name of the person signing the owner’s certificate.

Upon completion of the review, written approvals and all required corrections, if any, the director of public works and development services shall sign the certification on the subdivision and submit it to the city manager for final approval. Signature of the city manager constitutes final approval of a subdivision. (Ord. 2018-829 § 2 (Exh. A); Ord. 2005-609 § 2)

16.04.060 Certificates required for final approval.

The following certificates shall be shown on the final plat. Certifications by the owner, financial institutions and surveyor shall be signed before the final plat is submitted for review.

A. Surveyor. The surveyor shall place his seal and signature on the plat along with a statement certifying that:

1. The plat was prepared by him, or under his supervision;

2. The plat is a true and correct representation of the land and has been thoroughly surveyed as required by this chapter;

3. The legal description is a full and correct description of the land to be divided; and

4. Monumentation and lot corner stakes as required by the city engineer and this chapter have been or will be set.

B. Owner. The owner of any interest in and the holder of any lien or encumbrance upon the land proposed for subdivision shall certify that the proposed final plat is submitted with their consent and there is no objection thereto.

C. Dedications. A statement and certificate of dedication by the owner, acknowledged by a notary, and acceptable to the city attorney, for all areas to be dedicated to or for the benefit of the public.

D. Owner’s Covenant. The owner shall grant to the city a covenant acceptable to the city and releasing, indemnifying and holding the city harmless from any and all claims for damages, liabilities, or injunctive relief of whatever nature arising from the design, construction, operation and maintenance of the plat and all associated improvements.

E. Waiver of Access. If required by the conditions of preliminary plat approval, a waiver by the owner of direct access to any street from any property.

F. Roads Not Dedicated. A statement by the owner and clear visual indication on the plat of every street, way, road, sidewalk or other similar facility that is not dedicated to the public, and specifying the maintenance and inspection responsibility therefor.

G. Owner’s Attorney in Fact. The owner shall designate the city as its attorney in fact for the limited purpose set forth in MCMC 16.04.085.

H. Director of Public Works and Development Services. Statements to be signed by the director of public works and development services:

1. Accepting the survey data, dedications and reservations, the layout of streets and other rights-of-way, design of bridges, sewage and water system, all other utilities, and all other public improvements;

2. That the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; and

3. Recommending approval of the final plat to the city manager. (Ord. 2018-829 § 2 (Exh. A); Ord. 2005-609 § 2)

16.04.070 Approvals required for final plat.

The following additional approvals shall be submitted with the final plat application:

A. Health Officer. A statement by the health officer certifying that the proposed means of sewage disposal and water supply are adequate.

B. Fire District. A statement from the fire district approving the fire protection methods and improvements.

C. Sewer District. A statement from the sewer district approving the sewer system improvements.

D. Water Purveyor. A statement from the water purveyor approving the water system improvements.

E. Other. Approvals by other agencies required or necessitated as a condition of the preliminary plat approval.

F. County Treasurer. A statement by the county treasurer that all taxes and assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid in full.

G. City Treasurer. A statement signed by the city treasurer that all assessments, fees and contributions have been paid in full or secured in accordance with this title. (Ord. 2005-609 § 2)

16.04.075 Review and approval of preliminary and final plats.

A. Preliminary and final plats shall be reviewed and final decisions made in accordance with the procedures in MCMC Title 14.

B. In the event the hearing examiner’s jurisdiction is invoked for review of a subdivision, including any major amendment or modification, and in addition to other findings required by the code, the examiner shall not approve the subdivision unless the examiner finds:

1. Appropriate provisions are made for (a) the public health, safety, and general welfare; (b) open spaces, drainage ways, streets and roads, alleys, public ways, transit stops, potable water supplies, and sanitary wastes; (c) parks and recreation facilities, playgrounds, schools and school grounds, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and (d) such other relevant attributes as are warranted by the specific facts applicable to the subdivision under consideration.

2. The public use and interest will be served by the platting of such subdivision and any dedications or exactions made in conjunction therewith.

3. The subdivision conforms with zoning standards and regulations.

4. The subdivision conforms with critical areas standards and regulations.

5. A prima facie case of adequacy as required by these criteria shall be established upon a written staff assessment and determination that the proposed site plan conforms to applicable development standards and regulations. (Ord. 2018-830 § 14; Ord. 2005-609 § 2)

16.04.080 Filing required for final plats.

All final plats shall be filed by the applicant with the Snohomish County auditor within 30 days of final plat approval. A copy of the final plat and related documents stamped with a recording number shall be delivered to the city within 14 days of recording. The city shall not process any permits related to the final plat until these requirements are satisfied. (Ord. 2013-762 § 4; Ord. 2005-609 § 2)

16.04.085 Correction of platting errors.

Errors discovered in a recorded plat may be corrected by the city by recording a correction or errata notice with the county auditor. The owner shall designate the city as its attorney in fact for such limited purposes as required by this chapter. Such corrections shall not constitute a replat as defined in MCMC 16.04.090. (Ord. 2005-609 § 2)

16.04.090 Replats.

Replats are required when there is a further division of lots or tracts or the creation or relocation of lot, tract, street or boundary lines within a subdivision previously approved and recorded, except as allowed by Chapter 16.10 MCMC.

A. Replats of recorded plats shall meet all requirements of this chapter for preliminary and final plats and shall be reviewed and processed in the same manner.

B. When lots and/or tracts within a recorded plat are proposed for a replat, the application for a replat shall contain the signatures of all owners of lots and tracts in the plat, together with approvals by all financial institutions holding liens or encumbrances on such property. (Ord. 2005-609 § 2)

16.04.100 Time limits.

A preliminary plat issued under this chapter shall expire and become void if the final plat is not submitted for approval in accordance with the time frames set forth in RCW 58.17.140, which is incorporated by this reference as it now exists or is hereafter amended. The applicant may request one and only one extension of time before the expiration date. Such request shall be in writing, shall be filed with the director not less than 30 days before the expiration date, and shall contain a concise explanation of the reason for the extension. If a timely request is made, the director shall grant one extension of time of up to one year past the original expiration date. (Ord. 2013-762 § 5; Ord. 2010-717 § 2 (Exh. B); Ord. 2005-609 § 2)

16.04.110 Model or display home permits.

Building permits for model or display homes may be granted prior to final plat approval subject to all of the following criteria:

A. The number of model home permits shall not exceed four per approved preliminary plat.

B. All model homes shall be accessible by ATB road surface.

C. All model homes shall have a functioning fire hydrant within 300 feet of the building and be connected to functional sewer and water service. A letter from the fire department, stating its ability to provide fire suppression services, may be required by the building official. (Ord. 2005-609 § 2)