Chapter 17.04
PRELIMINARY SUBDIVISION PLATS

Sections:

17.04.010    Purpose.

17.04.020    Administration.

17.04.030    Procedure and additional notice.

17.04.040    Requirements for a complete application.

17.04.050    Criteria for approval.

17.04.060    Dedications.

17.04.070    Time limitation for final decision.

17.04.080    Effect of preliminary subdivision approval – Expiration.

17.04.090    Deadline for submission of final plat application.

17.04.100    Revisions to an approved preliminary plat.

17.04.010 Purpose.

The purpose of the provisions in this chapter is to regulate the subdivision of land into 10 or more lots for residential, commercial or industrial use. (Ord. 2658 § 2, 2015).

17.04.020 Administration.

The Director is authorized and directed to administer the provisions of this chapter. The authority to hold a public hearing and provide a recommendation on preliminary subdivision applications is granted to the Planning Commission and the final authority to approve or disapprove a preliminary subdivision is granted to the City Council after a closed record public hearing. (Ord. 2658 § 2, 2015).

17.04.030 Procedure and additional notice.

A. Procedure. The following steps shall be followed in the processing of preliminary plat applications:

1. MTMC 18.05.370, determination of complete application;

2. MTMC 18.05.400, notice of application;

3. Chapter 16.05 MTMC, SEPA;1

4. MTMC 17.04.050, determination of consistency with approval criteria;

5. MTMC 18.05.420, notice of public hearing;

6. MTMC 18.05.500, public hearing;

7. MTMC 18.05.440, notice of decision; and

8. MTMC 18.05.570, judicial appeal.

B. Additional Notice. In addition to the notice provided in the sections referenced in subsection A of this section, the City shall also provide the following notice, as applicable:

1. If the proposed preliminary subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Transportation; and

2. If the proposed preliminary subdivision is located in whole or in part in a designated floodplain as provided in Chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Ecology. (Ord. 2658 § 2, 2015).

17.04.040 Requirements for a complete application.

The following materials shall be submitted to the City for a complete preliminary subdivision application:

A. General. One original and seven copies of the application on a form provided by the City along with the applicable fee as established by the City in a resolution for this purpose. The application form shall be completed and contain the following information:

1. The proposed name of the proposed subdivision, which shall not be the same as the name of any other subdivision or development in the City;

2. Name, address and telephone number of the subdivider and of the owner(s) of the property to be subdivided;

3. Signature of the applicant;

4. Signature(s) of property owner(s) or owner’s authorized representative(s);

5. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property;

6. Legal description of the property to be subdivided;

7. Other information specified and requested on the application form.

B. Title Report. A title report, dated by the title company within 30 days of the submission of the application to the City, confirming that the title of the lands as described and shown in the application is in the name of the applicant.

C. Certificate of Consent and Dedication. A certificate or separate written instrument, giving full and complete descriptions of the lands divided as they appear on the preliminary plat, including a statement that the preliminary subdivision has been made with free consent and in accordance with the desires of the owner(s). If the preliminary plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies or to any corporation, public or private, as shown on the preliminary plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.

D. Existing Conditions Map. One original and seven copies of an existing conditions map, drawn to a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet, containing the following information:

1. The owners of adjacent land and the names of any adjacent subdivisions;

2. All environmentally sensitive areas and their buffers;

3. Topographic lines at two-foot intervals;

4. Approximate location and horizontal dimensions of existing buildings, structures, utilities, underground storage tanks, septic systems and associated drainfields, dimensions of all easements and/or streets within or adjoining the proposed plat, and applicable City or County file numbers shall be shown;

5. Location of existing stormwater control/conveyance on or across the site;

6. Proposed lot lines, rights-of-way lines, easements (shown in relation to existing conditions).

E. Survey and Preliminary Plat Map. One original and seven copies of the preliminary plat map. A registered land surveyor shall stake the corners of the lot to be subdivided and prepare a survey and map of the property drawn in ink on one or more sheets of 18-inch by 24-inch paper, of a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet. A larger size sheet may be submitted in addition to the 18 by 24 sheet size to facilitate preliminary review, but the 18 by 24 size is required to show that required information can be legibly formatted and fitted to the sheet size required for recording. The plat shall include the following information:

1. An arrow indicating north;

2. The boundary lines of the tract to be platted and the interior lot lines, and relationship to adjacent properties (heavy line weight);

3. Length and bearing of the boundary lines and proposed lot lines. All bearings shall be referenced to the Washington Coordinate System, WM Zone (medium line weight);

4. Descriptions of all proposed lots, boundaries and approximate dimensions, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot;

5. Identification of the source of water supply for each lot, including water line and fire hydrant locations, generalized plans of proposed water distribution systems, storm sewers, sewerage systems and shoreline modifications, if any, including locations and sizing;

6. If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines;

7. All environmentally sensitive areas, their buffers and minimum building setbacks (medium line weight);

8. Proposed final grading plan with topographical lines at two-foot intervals (fine line weight). Topographic lines are only required on preliminary plat; not final plat;

9. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight);

10. Approximate location and horizontal dimensions of existing buildings, structures and improvements to be retained, utilities, underground storage tanks, dimensions of all easements and/or streets within or adjoining the plat, and applicable City or County file numbers (fine line weight);

11. Location of proposed stormwater control/conveyance on or across the site (medium line weight);

12. The location of the nearest public street and utilities (medium line weight);

13. The number assigned to each lot (heavy line weight);

14. The boundaries of all lands reserved in the deed for common use of the property owners of the subdivision (heavy line weight);

15. The survey and all of the materials required by this subsection shall be filed with the application for approval of the preliminary subdivision; and

16. A certification by the land surveyor stating that all surveying and platting requirements of this subsection (E) have been complied with.

F. SEPA Checklist. A completed environmental checklist as provided by the City shall be included.

G. Development Agreement. If the subdivision is proposed to occur in two or more phases, the applicant shall provide a development agreement on a form approved by the City Attorney, which meets the requirements of MTMC 17.06.050 and all of the information required by that section, as well as a map clearly showing the proposed phases and providing the proposed phasing schedule.

H. Phasing Plan. Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of MTMC 17.04.050 and all other applicable City codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in MTMC 17.04.100. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established in MTMC 17.04.090, a subdivision improvement agreement under MTMC 17.06.050 must be approved. (Ord. 2658 § 2, 2015).

17.04.050 Criteria for approval.

A. Required Findings for Applicant. The applicant for a preliminary subdivision must demonstrate that the application complies with all of the following:

1. All applicable statutory provisions, including but not limited to RCW 58.17.195.

2. The City’s Zoning and Building Codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the Health Department.

3. The City’s Comprehensive Plan and all related elements, including but not limited to the Comprehensive Plan’s capital facilities, water, sewer and transportation elements.

4. Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available public facilities to support and service the area of the proposed preliminary subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed preliminary subdivision to demonstrate the expected impact upon and use of public facilities by the possible uses and users of the proposed preliminary subdivision. Public facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sidewalks for children who only walk to and from school, sewerage and water service, and fire and emergency response service.

5. Water and Sewer. All habitable buildings and buildable lots in the preliminary subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City’s comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City’s comprehensive sewer plan. The City shall consider the recommendation of the Public Works Director, City Engineer, the local Health Department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply.

6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with the City’s stormwater drainage regulations. The City may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.

7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the Comprehensive Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat.

8. Extension Policies. All public improvements and required easements for streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed and extended through the parcel in the proposed subdivision or along its frontage to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements.

9. Flooding. If the proposed preliminary subdivision is in a designated floodplain as defined in Chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology.

10. Model Homes. For the purpose of allowing the early construction of model homes in a preliminary subdivision, the City Council may permit a portion of a preliminary subdivision involving no more than two lots to be created in accordance with the procedures for short subdivisions in Chapter 17.03 MTMC, as long as the portion derives access from an existing City, County or state highway, and provided no future road or other improvement is anticipated where the lots are proposed. The short subdivision application for the model homes shall be submitted to the City simultaneously with the preliminary plat application for the preliminary subdivision. The City shall not approve the short subdivision application for the model homes unless and until the City approves the associated preliminary plat application. This procedure requires the applicant for the short subdivision to waive any deadline in MTMC 17.03.070 for issuance of a final decision on the short subdivision.

B. Required Findings and Conclusions for City Approval. A proposed preliminary subdivision application shall not be approved unless the City makes written findings and conclusions that:

1. All of the requirements in subsection A of this section are satisfied;

2. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

3. The public use and interest will be served by the platting of the preliminary subdivision and dedication;

4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120. If the property is in a designated floodplain as defined in Chapter 86.16 RCW, the plat shall not be approved without the prior written approval of the Washington State Department of Ecology;

5. The applicant agrees to install and dedicate all public facilities prior to the City’s approval of the final plat, unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement. (Ord. 2658 § 2, 2015).

17.04.060 Dedications.

Dedication of land to any public body, provision of public facilities to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the recorded plat. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the City must adopt the designated name. (Ord. 2658 § 2, 2015).

17.04.070 Time limitation for final decision.

A preliminary plat application shall be approved, approved with conditions or denied within 90 days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the City. (Ord. 2658 § 2, 2015).

17.04.080 Effect of preliminary subdivision approval – Expiration.

A. Approval of the preliminary subdivision by the City shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the City and any special conditions imposed on the approval.

B. Permission shall not be granted for installation of required public facilities until all construction plans, specifications and necessary permits have been approved in writing by the City Engineer, pursuant to MTMC 17.06.020.

C. Preliminary subdivision approval shall expire if a final subdivision plat application has not been submitted pursuant to the deadlines established in MTMC 17.04.090. (Ord. 2658 § 2, 2015).

17.04.090 Deadline for submission of final plat application.

A final plat application meeting all of the requirements of the preliminary subdivision approval and this title shall be submitted to the City for approval:

A. Within 10 years of the date of preliminary plat approval if the project is within City limits, not subject to requirements adopted under Chapter 90.58 RCW, and the date of preliminary plat approval is on or before December 31, 2007; or

B. Within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014; or

C. Within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (Ord. 2658 § 2, 2015).

17.04.100 Revisions to an approved preliminary plat.

An application for a revision to an approved preliminary plat may be submitted before a final plat application is submitted, as follows:

A. Minor Revisions to an Approved Preliminary Plat. The Director is authorized to make the determination on a minor revision to an approved preliminary plat without a public hearing.

1. Defined. Minor revisions to an approved preliminary plat are those which do not change: (a) the plat boundaries (other than for survey discrepancies); (b) the conditions of preliminary plat approval; (c) road alignments or connections (except for minor indiscernible shifts) and/or do not increase the number of lots by more than five percent or five lots, whichever is less.

2. Application. A complete application for a preliminary plat revision shall consist of the following:

a. Application form and filing fee;

b. Site plan showing the proposed modification, using the same plan format as in the original approval;

c. Explanation in narrative form of the requested modification.

3. Processing. The following steps shall be followed in the processing of an application for a minor revision:

a. MTMC 18.05.370, determination of complete application;

b. MTMC 18.05.400, notice of application;

c. Chapter 16.05 MTMC, SEPA (unless exempt under WAC 197-11-800);

d. MTMC 17.04.100(A)(4), determination of consistency with approval criteria;

e. MTMC 18.05.440, notice of decision; and

d. MTMC 18.05.550, administrative appeal (if any).

4. Criteria for Approval. The Director shall approve, approve with conditions or deny a proposed minor preliminary subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied:

a. The proposed revision meets the criteria in MTMC 17.04.050(A);

b. The revision will not be inconsistent with, or cause the subdivision to be inconsistent with, the findings, conclusions or decision made by the City in its approval of the preliminary plat.

5. Time Limitation for Final Decision. The minor subdivision revision application shall be approved, approved with conditions or denied within 90 days after a complete application is submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the City.

6. Deadline for Submission of Final Plat Not Extended. Approval of a minor preliminary subdivision revision shall not extend the deadline set forth in MTMC 17.04.090 for submission of a final plat application to the City.

B. Major Preliminary Plat Revisions.

1. Defined. A major preliminary plat revision is any application for a revision of a preliminary plat that does not meet the definition of a minor preliminary plat revision.

2. Application. An application for a major preliminary plat revision shall include all of the elements of a complete preliminary plat application.

3. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary plat revision shall be the same as those for a preliminary plat application.

4. Deadline for Submission of Final Plat Not Extended. The deadline for submission of the final plat application in MTMC 17.04.090 shall not be extended. (Ord. 2658 § 2, 2015).


1

If an EIS issues, there may be an appeal of the EIS, with a public hearing. See MTMC 16.05.140.