Chapter 16.28
SHORT SUBDIVISIONS
Sections:
16.28.020 Number of parcels permitted.
16.28.040 Further division unauthorized within five years.
16.28.050 Permit decision and approval processes.
16.28.070 Filing – Required contents.
16.28.110 Access requirements.
16.28.130 Future street reservations.
16.28.150 Access standards for short plats.
16.28.160 Lot shape – Avoidance of irregular lot shapes.
16.28.165 Easement requirements.
16.28.175 Buildable site required.
16.28.180 Deferral of short subdivision improvements.
16.28.200 Approval criteria for a short plat.
16.28.210 Report of decisions.
16.28.010 Scope.
Every short plat or short subdivision shall comply with the provisions of this chapter and the provisions of Chapter 16.04 MMC (General Provisions). (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.020 Number of parcels permitted.
Every short plat or short subdivision shall consist only of one to four parcels, lots or tracts of land which are divided from the original tract now proposed to be sold or leased. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.040 Further division unauthorized within five years.
The land within a short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.050 Permit decision and approval 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 short plat application. A preapplication conference is highly encouraged but not mandated.
The application for a short plat shall be decided by the land use administrator using a Process Type III decision (Chapter 17.71 MMC).
No short plat or a short subdivision of land within the city shall be filed or recorded by the auditor of Pierce/King County without the approval of the final short plat by the land use administrator as specified in this title. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.070 Filing – Required contents.
The applicant shall provide application materials as required in Chapter 17.70 MMC (Application Requirements). (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.110 Access requirements.
A. The proposed short plat shall be reviewed by the land use administrator for adequate ingress and egress to all proposed lots. Extension of streets or access rights from the property line to property line of the short subdivision land may be required in order that such street access may be extended in the future.
B. If there is other reasonable access available, the land use administrator may limit the location of direct access to city arterial or other city streets.
C. A right-of-way which is proposed to be dedicated to the city shall not be so dedicated unless it meets city standards, or city standards with an approved deviation.
D. When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the face of the short plat. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.130 Future street reservations.
Where a city street or arterial may be or is being planned for the short subdivision land area, the planning and land use administrator or his/her designee may require that a right-of-way up to 60 feet in width be reserved for a future street. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.140 Access required.
Each lot 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. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.150 Access standards for short plats.
Private streets, access corridors, tracts and panhandles may be approved by the land use administrator, upon concurrence by the city engineer and fire marshal.
A. The minimum width for a panhandle, an access tract or an access corridor serving one or two lots shall be 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 shall be 30 feet with a minimum pavement width of 20 feet. No parking shall be permitted within a panhandle, access tract, access corridor or fire lane.
B. Access corridors up to 150 feet in length do not require a turn-around. Access corridors 20 feet wide and more than 150 but less than 500 feet in length shall provide a dedicated turn-around as described in IFC Appendix D Table D103.4. Access corridors 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.
C. Greater width may be required at the discretion of the land use administrator, with the concurrence of the city engineer and/or fire marshal, to address the need for such items as parking, drainage, or emergency access. Lesser width may be allowed on 30-foot-wide access corridors at the discretion of the land use administrator, with the concurrence of the city engineer and/or fire marshal, to address constraints such as critical areas or existing parcel boundaries.
D. The access corridor shall not be included as part of a lot in determining the applicable bulk and dimensional regulations set forth in Chapters 17.15A and 17.15B MMC.
E. All short plats containing access corridors in private ownership shall record with the short plat such joint access easements, utility easements, emergency access easements, and covenants establishing a means for assessing maintenance costs and an organization for ensuring ongoing maintenance subject to approval of the land use administrator. Such covenants or documents shall obligate any seller to give written notice to any prospective purchaser of the annual cost and method of maintenance of the private access corridor.
F. Access corridors serving more than two lots shall have official city street designations and addresses; provided, that the private nature shall also be indicated by a street sign.
G. Access corridors shall be separated from other access corridors, or the access portion of a panhandle lot, or any combination thereof, by at least one required minimum lot width.
H. Panhandle lots are allowed in a short plat. 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 § 5, 2014; Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.160 Lot shape – Avoidance of irregular lot shapes.
All lots created by the short subdivision that have five or more corners shall require approval of the shape of the lot by the land use administrator prior to approval of the short plat. The land use 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 land use 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. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.165 Easement requirements.
A. Existing, legal easements less than the minimum required width may be allowed to remain; however, additional lots shall not be served by such existing easement unless widened to the minimum required width.
B. Easements shall be granted to assure that land within each short subdivision is adequately drained, and that all lots can be provided with water, fire protection, and utilities. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.170 Utility review.
A. Drainage. The proposed short plat shall be reviewed for adequate drainage facilities. Requirements for any future necessary facilities which may depend upon the use of the land shall be stated on the face of the short plat.
B. Sewers. The proposed short plat shall be reviewed for sewer. No construction shall occur on any lot unless it is connected to a public sewer system. If known local conditions exist which may affect future building sites, these conditions shall be stated on the face of the short plat.
C. Water Supply and Fire Protection. The proposed plat shall be reviewed for potential adequacy of water supply and fire protection.
D. Subsections A, B and C of this section shall not be considered as criteria for which a short plat may be denied, but may be considered as criteria for which a building permit may be denied. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.175 Buildable site required.
A. Feasibility for Building Sites. Areas which are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions, mud slides or avalanche shall be noted on the face of the short plat. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.180 Deferral of short subdivision improvements.
The land use administrator may authorize the deferral of the completion of any required short subdivision improvements up to the issuance of building permits to the extent that the deferral does not adversely affect the functionality of the improvements. The public works director may require a performance guarantee as authorized by MMC 16.04.050 as a condition of deferring any short subdivision improvements. If the completion of any improvements is deferred beyond the filing of the final short plat, a note shall be placed on the final short plat identifying the deferred improvements and the obligations of the property owner to complete them. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.200 Approval criteria for a short plat.
No short plat or subdivision of land within the city shall be filed or recorded by the auditor of Pierce/King County without the approval of the short plat by the land use administrator as specified in this title. The short plat shall comply with the following provisions:
A. Monuments. Monuments shall conform to American Public Works Association (APWA) Standards and the City of Milton Public Works Development Guidelines and Standards.
B. The granting of the proposed permit will not be injurious to the uses, planned uses, property, or improvements adjacent to, and in the vicinity of, the site upon which the proposed short plat is to be located.
C. The proposal is consistent and compatible with the intent of the goal, objectives, and policies of the city comprehensive plan.
D. The proposal meets the criteria of MMC 16.04.040.
E. Covenants. Any covenants required must be to the satisfaction of the land use administrator.
F. The applicant has recorded documents for the provision of any required deed, dedication, and/or easements with the recording number on the face of the plat.
G. 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.
H. 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.
I. Provisions of fire hydrants must conform to the requirements of all applicable public works development standards and regulations.
J. The proposed plat or subdivision 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 paid all applicable fees.
3. All applicable provisions of the Milton Municipal Code.
K. The land use administrator is authorized to impose conditions necessary to ensure compliance with the requirements of this section. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).
16.28.210 Report of decisions.
The land use administrator or his/her designee shall provide regular reports to the planning commission and the city council on decisions issued pursuant to this chapter. (Ord. 1842 § 2, 2014; Ord. 1741 § 17, 2009).