Chapter 16.12
SUBDIVISION APPROVAL PROCEDURE
Sections:
16.12.020 Permit decision and appeal processes.
16.12.040 Access standards for subdivisions.
16.12.050 General review criteria for preliminary plats.
16.12.070 Engineering approval for a subdivision.
16.12.080 Approval criteria for a final plat.
16.12.100 Preliminary plat – Final plat submission time limits.
16.12.110 Report of decisions.
16.12.010 Scope.
Every subdivision shall comply with the provisions of this chapter and the sections hereof. The subdivision shall consist of greater than four lots or tracts of land which are divided from the original tract. (Ord. 1741 § 16, 2009).
16.12.020 Permit decision and appeal processes.
The subdivider should consult early and informally with the land use administrator and his/her technical staff for advice and assistance before preparation of a preliminary plat and its formal application for approval. A preapplication conference is recommended.
The procedure for review and approval of a subdivision plat consists of two steps and an optional third step. The initial step is the preparation and submission of an application for a preliminary plat of the proposed subdivision. This application shall be decided by the hearing examiner using Process Type IV (Chapter 17.71 MMC).
The optional step is preparation and submittal of civil engineering drawings for the construction of the plat. This step may be combined with the preliminary plat thus making it optional. The application for civil engineering is decided upon by the public works director. The improvements must be constructed or securities must be established prior to issuance of final plat.
The final step is the preparation and submission of an application for a final plat. The final plat is decided upon by the hearing examiner as a Process Type II decision (Chapter 17.71 MMC). This final plat becomes the instrument to be recorded in the office of the county auditor when duly signed by the officials as set forth in this title.
No plat of a subdivision of land within the city shall be filed or recorded by the auditor of Pierce/King County without the approval of the final plat by the hearing examiner as specified in this title. (Ord. 1741 § 16, 2009).
16.12.040 Access standards for subdivisions.
A. Future Street Reservations. The public works director may require the applicant to reserve or dedicate right-of-way up to 60 feet in width for any future transportation system improvements as identified in the most recently adopted version of the city of Milton transportation improvement plan. When land is subdivided into larger parcels than ordinary building lots, the plat shall arrange such parcels to allow for the opening of future streets and further subdivision.
B. Access Required. Each lot in a plat shall have direct access to a public street or shall be served by an access corridor such as a private street, tract, access easement or panhandle having direct access to a public street.
C. Access Requirements.
1. The land use administrator shall review the proposed permit for adequate ingress and egress to all proposed lots. The administrator may require the extension of streets or access rights from the property line to property line of the plat to ensure the feasibility of future extension of streets.
2. The land use administrator may limit the location of direct access to city arterial or other city streets if there is other reasonable access available.
3. The public works director will deny any right-of-way dedication not meeting city standards.
4. The face of the recorded plat shall include a notification of any obligation by an adjoining landowner to construct or maintain a future road.
D. Access Standards. Private streets, access corridors, tracts and panhandles may be approved by the land use administrator, in consultation with the public works director and fire marshal.
1. The minimum width for a panhandle, an access tract or an access corridor serving one or two lots is 20 feet with a minimum pavement width of 14 feet unless the access is needed for a fire lane. If the access is needed for a fire lane, a minimum width of 30 feet with a minimum pavement width of 20 feet is required. The minimum width of an access tract or corridor that serves three or four lots is 30 feet with a minimum pavement width of 20 feet. Parking is prohibited within a panhandle, access tract, access corridor or fire lane.
2. Access corridors up to 150 feet in length do not require a turn-around. Access corridors that are 20 feet wide and greater and less than 500 feet in length shall provide a dedicated turn-around as described in IFC Appendix D Table D103.4. Access corridors that are more than 500 feet in length up to 750 feet in length shall be 30 feet in width, and shall provide a dedicated turn-around as described in IFC Appendix D Table D103.4. Access corridors more than 750 feet in length shall be subject to approval of the fire marshal. The length of the access corridor shall be measured along the center line of the access from the edge of the public right-of-way to the nearest lot line of the most distant lot.
3. The land use administrator may require greater width to address the need for such items as parking, drainage, or emergency access. The administrator may also permit a lesser width for 30-foot-wide access corridors to address constraints such as critical areas or existing parcel boundaries.
4. When determining if the proposed lot meets the applicable bulk and dimensional regulations set forth in Chapters 17.15A and 17.15B MMC, the land use administrator shall not include the corridor as part of a lot.
5. Access corridors serving more than two lots shall have official city street designations and addresses. Signage for private streets must indicate the street is private, for example “25th Avenue Court (Private).” The public works director may prescribe the form and placement of street signs.
6. At least one required minimum lot width must separate two adjacent access corridors or the access portions of two panhandle lots, or any combination of an access corridor and access portion of a panhandle lot.
7. Panhandle lots are allowed in subdivisions. The access portion of a panhandle lot shall be excluded from the density calculation and shall not be included as part of a lot in determining the minimum lot size. (Ord. 1853 § 6, 2014; Ord. 1741 § 16, 2009).
16.12.050 General review criteria for preliminary plats.
The city will grant approval to permit applications only if the application meets all of the following conditions:
A. Avoidance of Irregular Lot Shapes. The land use administrator may prohibit proposed lots having five or more corners. The administrator shall base the approval on whether the lot shape is necessary or desirable due to factors including, but not limited to, critical areas, topography, natural features, street layouts, access, or existing parcel boundaries. The administrator may deny the creation of lots with five or more corners if the primary purpose of the lot shape is to meet minimum lot size or dimension requirements.
B. Natural Features. The proposal for any subdivisions must demonstrate due regard for all natural features, such as large trees, watercourses, historical spots and similar community assets, which, if preserved, will add attractiveness and value to the property. (Ord. 1741 § 16, 2009).
16.12.060 Requirements.
In addition to satisfying the criteria identified in MMC 16.04.040, the preliminary plat shall comply with the following:
A. The city may impose conditions to ensure the use does not adversely affect public facilities or services.
1. The applicant must demonstrate how on-site drainage will conform to Chapter
13.26 MMC, Storm Drainage of Surface Water – Utility, Management and Maintenance, and the applicable public works development standards and regulations.
2. The public works director shall consider factors including, but not limited to, sight distance at points of access/egress, safe walking routes to schools and any improvements identified in the most recently adopted city of Milton transportation improvement plan.
B. Provision of fire hydrants must conform to the requirements of any applicable public works development standards and regulations.
C. The applicant has provided all required SEPA environmental documentation pursuant to MMC Title 18. The SEPA responsible official (MMC 18.04.060) may adopt any existing environmental documents or incorporate those documents by reference.
D. The preliminary plat must comply with noise levels set forth in Chapter 173-60 WAC and Chapter 9.37 MMC (Noise Regulations) for both construction noise and for the proposed lots.
E. The preliminary plat must, at a minimum, meet the following requirements, as applicable:
1. The site conforms to Chapters 17.15A, 17.15B and 17.15C MMC for all lots;
2. The applicant has designed all external illumination to face inward, to minimize impact to adjacent properties;
3. Parking area design shall conform to Chapter 17.48 MMC (Off-Street Parking and Loading). Additionally, the design shall minimize impact of headlight glare from internal traffic on adjoining streets or residential uses;
4. For applications containing possible nonresidential uses, if the site abuts an existing residential use, the applicant must construct, and the city approve, a solid visual and noise barrier composed of fencing and landscaping as needed to shield nonresidential from abutting residential uses prior to occupancy;
5. The applicant must mitigate the generation of noxious or offensive emissions or odors, or other nuisances, which may be injurious or detrimental to the community; and
6. The applicant has paid all applicable fees. (Ord. 1741 § 16, 2009).
16.12.070 Engineering approval for a subdivision.
The procedure for review and approval of a subdivision includes an optional step for submission of civil engineering drawings for approval by the city. This step may be combined with the preliminary plat thus making it optional. The application for civil engineering is decided upon by the public works director through Process Type I (Chapter 17.71 MMC).
A. Adequate public facilities and services must support the use.
1. On-site drainage shall conform to Chapter 13.26 MMC (Storm Drainage of Surface Water – Utility, Management and Maintenance) and the applicable public works development standards and regulations – and all best management practices for grading erosion control.
2. The proposal meets all adopted city standards for: water connection and distribution including fire standards conditioned on the preliminary plat; streets including frontage, drainage gutters, drainage improvements, curbs, planting strips, and sidewalk; sewers to applicable standards; dry utilities; and planting and landscaping including irrigation.
3. The proposal meets all requirements imposed through conditions on the preliminary plat necessary for the support of the proposed plat. These may include off-site improvements to the utilities, transportation systems (including vehicular, pedestrian and public transportation systems), education, and police and fire facilities. The public works director shall review all utilities design and installation against the applicable development regulations and the public works development standards and regulations.
B. The city is able to monitor and enforce all conditions of approval and all inspections necessary to lessen any impacts of the proposed construction. The applicant may propose privately funded special inspectors from the city’s approved list for this purpose. (Ord. 1741 § 16, 2009).
16.12.080 Approval criteria for a final plat.
The final step is the preparation and submission of an application for a final plat. The final plat is also decided upon by the hearing examiner as a Process Type II decision (Chapter 17.71 MMC). This final plat becomes the instrument to be recorded in the office of the county auditor when duly signed by the officials as set forth in this title. No plat of a subdivision of land within the city shall be filed or recorded by the auditor of Pierce/King County without the approval of the final plat by the hearing examiner as specified in this title. The city will not issue a land use recommendation to the hearing examiner before the proposal’s final plan set accurately reflects all required improvements. The plan set must also include all applicable inscriptions required by the city in setting forth appropriate limitations and conditions for the use of the land.
A. All the conditions of approval are met as determined by the hearing examiner.
B. Monuments. Monuments shall conform to American Public Works Association (APWA) Standards. The applicant must set monuments at all street corners, at all points where the street lines intersect the exterior boundaries of the subdivision, and at angle points and points of curve in each street. The applicant shall install all monuments with the finished grade. All surveys shall have an accuracy such that no error of closure exceeds one foot in 5,000 feet. The city encourages the use of state plan coordinates.
C. Covenants. The covenants must meet all code requirements and conditions of approval as determined by hearing examiner.
D. The applicant has recorded documents for the provision of any required deed, dedication, and/or easements or such recording is made a condition of approval.
E. When the hearing examiner finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat.
F. The applicant shall record a native growth protection area per MMC 18.16.170 and 18.16.180 for all critical areas the city has required the applicant to reserve on the plat.
G. The land use administrator must certify the plan for filing before it is filed with the county auditor. The applicant must return a copy of the recorded instrument to the planning and community development department prior to the issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. (Ord. 1741 § 16, 2009).
16.12.100 Preliminary plat – Final plat submission time limits.
The approval of the preliminary plat shall lapse if a final plat based thereon is not submitted within five years from the date of such approval, unless an extension of time is applied for and granted by the land use administrator. The land use administrator may grant successive extensions up to one year each for good cause if the requested extension continues to satisfy the standards of approval. (Ord. 1741 § 16, 2009).
16.12.110 Report of decisions.
The planning and community development director or his/her designee shall provide regular reports to the planning commission and the city council on decisions issued pursuant to this chapter. (Ord. 1741 § 16, 2009).