Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Application requirements.
16.04.030 Permit decision and appeal process.
16.04.040 General review and approval criteria.
16.04.050 Performance guarantees.
16.04.060 Permit revision and modification.
16.04.070 Violation – Penalty.
16.04.010 Purpose.
Land subdivision is the first step in the process of community development. Once land has been divided into streets, lots and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the public, the developer and the future owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. (Ord. 1741 § 15, 2009).
16.04.015 Exemptions.
Pursuant to RCW 58.17.040, the provisions of this chapter shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
C. Divisions made by testamentary provisions or the laws of descent;
D. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan governed by Chapter 16.30 MMC;
E. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is 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 local regulations;
F. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and
G. Divisions of land into lots or tracts if:
1. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
2. The improvements constructed or to be constructed thereon are required by the pro-visions of the binding site plan to be included in one or more condominiums, or owned by an association or other legal entity in which the owners of the units therein, or the owners’ associations have a membership or other legal or beneficial interest;
3. A city has approved the binding site plan for all such land;
4. Such approved binding site plan is recorded in the county or counties in which such land is located;
5. The binding site plan contains thereon the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.
The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW;
6. Chapter 17.62 MMC shall govern the review and approval process for binding site plans subject to this exemption;
7. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. 1741 § 15, 2009).
16.04.020 Application requirements.
The applicant must provide application materials as required in Chapter 17.70 MMC (Application Requirements) and any additional information required in the applicable code section for plats (Chapter 16.12 MMC), subdivisions (Chapter 16.12 MMC), binding site plans (Chapter 16.30 MMC), boundary line adjustments (Chapter 16.29 MMC) or short subdivisions (Chapter 16.28 MMC). (Ord. 1741 § 15, 2009).
16.04.030 Permit decision and appeal process.
The review process for MMC Title 16 decisions and appeals is governed by Chapter 17.71 MMC. (Ord. 1741 § 15, 2009).
16.04.040 General review and approval criteria.
A. The city shall consider the following review requirements as part of the approval of a preliminary plat, short subdivision (preliminary or final if the applicant only applies for final), boundary line adjustment or binding site plan application:
1. The review and approval criteria outlined in MMC 17.72.020 (Performance guarantees);
2. The provisions of the particular type of proposed preliminary plat (Chapter 16.12 MMC), short plat (Chapter 16.28 MMC), boundary line adjustment (Chapter 16.29 MMC) or binding site plan (Chapter 16.30 MMC);
3. The city’s comprehensive plan; and
4. The policies set forth in the state’s Growth Management Act.
B. For preliminary plats and short subdivisions (preliminary or final if the applicant only applies for final), the decision-maker, before approval is given, shall inquire into the public use and interest proposed to be served by the establishment of a subdivision and dedication. The decision-maker shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and schoolgrounds, 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 determine whether the public interest will be served by the subdivision and dedication. Dedication of land, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. If the decision-maker finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare, for open spaces, drainage ways, streets, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the decision-maker finds that the proposed plat does not make such provisions or that the public use and interest will not be served, then the decision-maker may disapprove the proposed plat. Dedication of land may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The city may not require the procurement of a release from damages from other property owners as a condition of subdivision approval.
C. A proposed subdivision site may be disapproved because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
D. No plat shall be approved covering any land situated in a flood control zone, as provided in Chapter 86.16 RCW, without prior written approval of the Department of Ecology of the State of Washington. (Ord. 1741 § 15, 2009).
16.04.050 Performance guarantees.
This section applies to the required performance guarantees for all plat or subdivision decisions. The public works director may prescribe the form of the performance guarantee and establish the amount, format and terms of any required maintenance security.
A. Installation Security. The public works director or the director of planning and community development may require the applicant to enter into a security for the performance of installation of street, utilities or other improvements within the plat and associated work. Installation security is required if the applicant wishes to receive a final plat approval ahead of completion and acceptance of any required work and the public works director determines that the deferral of the improvements will not jeopardize public health, safety or welfare.
B. Maintenance Security and Agreement. A separate maintenance security guaranteeing the work will be maintained for a specified period and shall be executed prior to or concurrent with the approval of a final plat or final short plat. These securities are applicable to all work and capital improvements including, but not limited to, utilities, public and private streets and storm water facilities. An agreement specifying the type of maintenance and the period of the maintenance is also required.
C. Covenants. To implement any condition of approval requiring ongoing maintenance, the public works director can specify a homeowners’ association or other specific group of landowners implement a covenant or covenants to assure the maintenance of the utility, roads, or other improvement not dedicated to the city to assure maintenance of said facilities. The written covenant(s) shall be submitted in draft form, reviewed by staff, revised if necessary and recorded. The covenant(s) must ensure the development remains in accordance with the proposed design and conditions of project approval. Covenants must bind all future purchasers, tenants and occupants of the proposal and those portions required by the city may not be amended without the consent of the city. The covenants must also provide that the city may conduct any required maintenance or repair at the expense of the homeowners if the homeowners fail to do the required maintenance or repair after reasonable notice from the city. The applicant must record the covenant prior to or concurrent with final permit approval. The maintenance agreement may include as applicable, and without limitation, all of the following provisions:
1. Open Space Preservation.
a. An adequate guarantee providing for the ownership, permanent preservation, retention and maintenance of all open space and landscaped areas including payment of taxes.
b. An adequate method of assuring the ongoing maintenance of all open spaces and landscaped areas, including structures and appurtenances.
2. Storm Water Facilities. The covenant must provide for the care and maintenance of private storm water facilities.
3. Streets and Driveways. The covenant must provide for the care and maintenance of private streets, access roads and driveways. (Ord. 1741 § 15, 2009).
16.04.060 Permit revision and modification.
Revisions to an approved subdivision, short subdivision, boundary line adjustment or binding site plan shall follow the procedure as set forth in Chapter 17.74 MMC (Permit Revision and Modification) and RCW 58.17.212, 58.17.215, 58.17.217 and 58.17.218. (Ord. 1741 § 15, 2009).
16.04.070 Violation – Penalty.
A. The enforcement of this title and the penalties for the unapproved recordation or transfer of land are provided by state law and Chapters 17.76 through 17.79 MMC; provided, that any state criminal provisions shall supersede any conflicting penalties and procedures in the MMC.
B. Any person, firm, corporation, or association or any agent of any person, firm, corporation or association who violates any provision of this chapter adopted pursuant to state law, relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, or who transfers or sells, or agrees to sell or option any land by reference to, or exhibition of, or by any other use of, a plat or map of a subdivision before it has been approved and filed, shall be guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter shall be deemed a separate and distinct offense. The description of the lot by metes and bounds in the instrument of transfer, agreeing or optioning, shall not exempt the transaction from the penalty, nor from the remedies herein provided. (Ord. 1741 § 15, 2009).
16.04.080 Sale limitations.
The sale of proposed lots prior to preliminary plat approval is prohibited as specified in RCW 58.17.200 and 58.17.205, as now or hereafter amended. (Ord. 1741 § 15, 2009).
16.04.090 Recording.
The document must be certified for filing by the land use administrator. The land use administrator will cause a record of the document to be made with the county auditor of Pierce County or the office of records in King County. The applicant shall pay all costs associated with this recording. (Ord. 1741 § 15, 2009).