Chapter 17.45
SUBDIVISIONS

Sections:

17.45.010    Purpose.

17.45.020    Applicability.

17.45.030    Administration.

17.45.035    Low impact development (LID).

17.45.045    Complete application.

17.45.050    Additional requirements.

17.45.060    Material errors.

17.45.070    Requirements for noticing.

17.45.080    Requirements for public hearings.

17.45.090    Hearing examiner review and decision.

17.45.100    City council review and decision.

17.45.110    Appeals.

17.45.120    Preliminary plat time limitation.

17.45.130    Final plat to conform to preliminary plat.

17.45.140    Final plat approval.

17.45.150    Recording.

17.45.160    Changes to proposed or approved plats.

17.45.010 Purpose.

The purpose of this chapter is to create a permit process for dividing residential property into 10 or more lots, as authorized by Chapter 58.17 RCW in accordance with Washington State law and city laws, rules and regulations; to provide the public with a clear procedure for the subdivision of land; to assure the orderly conveyance of land; and to protect the health, safety, and welfare of the general public. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-455 § 7; Ord. 2005-305 § 1).

17.45.020 Applicability.

This chapter applies to each application for the division of land into 10 or more lots, except as provided in RCW 58.17.040. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-455 § 8; Ord. 2005-305 § 1).

17.45.030 Administration.

The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.45.035 Low impact development (LID).

The use of LID best management practices (BMPs) is encouraged in subdivisions where site and soil conditions make LID feasible and where approved by the city based on review of material prepared and submitted by the applicant. In addition, the use of clustering and other LID techniques to reduce block lengths is encouraged; and applicants shall consider alternatives to hammerhead turnarounds or cul-de-sacs to minimize impervious surfaces, where emergency vehicle access can be maintained. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

17.45.045 Complete application.

A proposed subdivision application shall be considered under the subdivision, zoning and other land use control ordinances in effect on the land at the time a fully complete application for a subdivision has been submitted to the city, pursuant to RCW 58.17.033.

A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.

B. Applications for a subdivision shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; Chapter 14.15 NMC, Property Grading Regulations; NMC Title 15; Chapter 17.15 NMC; NMC Title 18, Zoning; city comprehensive plan; city stormwater comprehensive plan; utility comprehensive plans; the downtown strategic plan; the Lake Boren master plan; and administrative rules adopted to implement any such code or ordinance provisions.

C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall be considered fully complete once the department determines that the application contains the following materials:

1. The name and address of the developer.

2. The name, address and seal of the registered engineer or land surveyor.

3. The identification and description of the properties involved in the site plan.

4. The location by section, township and range or by other legal description.

5. A layout of streets, their names and widths of easements. The names of the streets shall conform to the names of the corresponding streets and to the general system of naming used by the city of Newcastle.

6. Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.

7. Lists of any other development permits or permit applications having been filed for the site.

8. Payment of any application fees and development deposits imposed by the city.

9. A completed SEPA checklist.

10. Identify if the proposed subdivision is located in whole or in part within a designated floodplain.

11. Identify if the proposed subdivision is located adjacent to state right-of-way.

12. Title Report. A title report dated by the title company within 30 days of the date of submitting this application, confirming that the title of the lands as described and shown on the proposed plat is in the name of the applicant, or in the name of the owner whom the applicant represents.

13. Existing Encumbrance Documents. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.

14. Phasing plan of plat improvements.

15. A topographic survey.

16. Site Plan. A scaled site plan of the property proposed to be divided (of a scale clearly legible) is required which includes:

a. The scale, datum and northpoint.

b. Existing and proposed property lines of the site.

c. Proposed access to each proposed lot on the site, including vehicular, emergency and utility access.

d. The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site.

e. Existing easement and rights-of-way across the site.

f. The location of all property lines abutting or connecting to the site, and the owners of adjacent land and the names of any adjacent subdivisions.

g. Location of all public and/or private utility service lines, including underground telephone or cable service lines.

h. Identification of the source of water supply for each lot, including water line and fire hydrant locations.

i. Identification of the method of sanitary sewage disposal, including sewer lines and (if applicable) septic tank and drainfield locations.

j. Location of existing and proposed stormwater control/conveyance on or across the site.

k. All critical areas and their buffers on and within 300 feet of the site as defined in NMC 18.06.135 and as regulated in Chapter 18.24 NMC.

l. Existing structures and improvements on the site including those to be retained and those proposed to be removed as part of the plat proposal.

m. Existing significant trees as defined in NMC 18.06.598, and locations of significant trees identified to be retained per NMC 18.16.130.

17. A significant tree retention plan per the requirements of NMC 18.16.140.

18. Preliminary Plat Map. Submit the proposed plat of survey (preliminary plat map), drawn on one or more sheets, drawn to a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet, on sheet size(s) of 18 inches by 24 inches with a one-half-inch border on the top, bottom and right-hand margins and a two-inch border on the left-hand or binding margin, with north indicated. Include the following:

a. The boundary lines of the tract to be platted and the proposed interior lot lines, and relationship to adjacent properties.

b. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field, referenced to the Washington Coordinate System, WM Zone.

c. Location of monuments or evidence used as ties to establish the boundaries.

d. The boundary and dimensions of the “original tract,” including its bearings and length of all boundary lines, assessor’s parcel number, section, township and range.

e. Any necessary easements for improvements to be retained on the site including, but not limited to, structures, utilities, stormwater systems, and underground storage tanks.

f. Location and dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the subdivision plat, and applicable city or county file numbers.

g. The width and location of access to all lots proposed within the subdivision.

h. The number assigned to each lot.

i. The boundaries of all lands reserved in the deed for common use of the property owners of the subdivision or dedicated to the public (heavy line weight).

j. Easements and appropriate descriptors.

k. Roads dedicated to the public.

l. Dedication certificate.

m. Other Certificates on Plat Map. Include certificate blocks for (i) the surveyor, (ii) the city mayor, (iii) the city engineer, (iv) the city community development director, (v) the county finance division, and (vi) the county recorder.

19. Corner Staking and Survey. A registered land surveyor must stake the corners of the lot or tract to be platted, and the proposed subdivision plat must reflect those corner markers.

20. A drainage analysis or other requirement as specified in Chapter 13.10 NMC and the latest adopted version of the city’s Surface Water Design Manual.

21. Preliminary stormwater plan.

22. Preliminary grading plan including:

a. A scaled drawing of the lot or lots and any public right-of-way that depicts existing topography in no less than five-foot contour increments.

b. A scaled drawing of the lot or lots and any public right-of-way that depicts proposed topography in no less than five-foot contour increments, including proposed finished slopes and retaining walls.

23. Preliminary Utilities Plan. A minimum 18-inch-by-24-inch drawing of a utilities plan showing the location and size of utility trunk lines, lateral lines, sewer, water, electric, gas, and telecommunication lines, utility vaults and transformers both existing and proposed to serve the site.

24. Common Areas and Maintenance (CC&Rs). Submit with this application draft covenants, conditions and restrictions (CC&Rs) that establish an owner’s association, including its bylaws, that define the maintenance responsibilities of the owner’s association for all common tracts, structures and/or improvements, and that permit the collection of fees (dues) for the purpose of funding the activities of the owner’s association relating to the maintenance and/or replacement of all common landscaping, structures and improvements.

25. School Access Analysis. Provide an analysis to determine the safety of walking conditions for students who walk to and from school (RCW 58.17.110).

26. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek Utility District.

27. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2020-611 § 8; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1).

17.45.050 Additional requirements.

The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a land use application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the preliminary application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2005-305 § 1).

17.45.060 Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent submittal shall be treated as new applications. (Ord. 2005-305 § 1).

17.45.070 Requirements for noticing.

The noticing requirements of Chapter 19.11 NMC shall be applicable to review of this chapter as a Type IV permit. (Ord. 2005-305 § 1).

17.45.080 Requirements for public hearings.

Public hearings shall be conducted pursuant to the procedures established in NMC Title 19. (Ord. 2005-305 § 1).

17.45.090 Hearing examiner review and decision.

A. A written report shall be prepared in each case. The record may be in the form of a staff report or written document and shall indicate whether the preliminary plat applicant shall be approved, approved with conditions or denied.

B. The hearing examiner shall review the preliminary plat and make recommendation to the city council to ensure conformance with the general purpose of the provisions of this chapter, Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted administrative rules and regulations. The hearing examiner’s recommendation shall include findings of facts and conclusions to support the recommendation. (Ord. 2005-305 § 1).

17.45.100 City council review and decision.

A. The hearing examiner’s recommendation shall be submitted to the city council no later than 14 days following the public hearing. After the city council receives the hearing examiner’s recommendation, the city council shall consider the adoption or rejection of the recommendation. If the city council deems that a change in the hearing examiner’s recommendation is necessary, the change in the recommendation shall not be made until the city council has adopted its own findings of facts and conclusions, and approved or disapproved the preliminary plat in regards to the desired change.

B. City council approval of the preliminary plat shall establish the basis upon which the applicant may proceed with development of the subdivision and preparation of the final plat subject only to all the conditions of preliminary approval imposed on the preliminary plat. (Ord. 2005-305 § 1).

17.45.110 Appeals.

The city council’s decision regarding preliminary plat for subdivision may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19. (Ord. 2005-305 § 1).

17.45.120 Preliminary plat time limitation.

A. Preliminary plat approval shall be valid for 108 months (nine years) if preliminary plat approval was granted on or before December 31, 2007; 84 months (seven years) for those plats receiving preliminary plat approval between January 1, 2008, and December 31, 2014, after which date preliminary plat approval shall be valid for 60 months (five years). If any condition is not satisfied and the final plat is not recorded within the approval period, the preliminary plat shall be null and void, except for as follows:

1. If all conditions have been satisfied and all required documents have been submitted within the approval period, the department may grant a single extension of up to 90 days to obtain additional information for the processing and recording of the final plat documents.

B. If the final plat is being developed in phases and the final plats for all the phases have not been recorded within the time limits provided in this section, preliminary plat approval for unrecorded phases shall become void. A preliminary plat for any unrecorded divisions must again be submitted to the director with a new application.

C. In granting administrative extensions authorized pursuant to subsection (A) of this section, the city may administratively impose additional conditions for final approval, consistent with current city-adopted ordinances and standards. (Ord. 2012-455 § 2; Ord. 2010-430 § 4; Ord. 2010-421 § 5; Ord. 2005-305 § 1).

17.45.130 Final plat to conform to preliminary plat.

A. Following preliminary plat approval, the developer is in position to go ahead with the improvement with the assurance that the final plat will be approved pursuant to the requirements in Chapter 17.65 NMC.

B. The department may approve minor changes or revisions as are deemed necessary to the interest and needs of the public, consistent with the adopted policies and standards of the city.

C. Subsequent approval of the engineering details of the proposed streets, storm drainage, sanitary sewer and water systems, and other proposed public facilities by the department and city engineer shall be required prior to approval of the final plat. (Ord. 2005-305 § 1).

17.45.140 Final plat approval.

A. All subdivisions shall meet the following provisions prior to recording:

1. All final subdivisions shall be surveyed and the final recording forms shall be prepared by a licensed land surveyor.

2. Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information.

3. Plat certificates or owner’s duplicate certificates for land registered pursuant to Chapter 65.12 RCW, Registration of Land Titles, shall be obtained and provided by the owners of any approved subdivision.

4. A supplemental plat certificate shall be provided if the final short plat is not recorded within 30 days of the original certificate or supplemental certificate date.

5. All required improvements must be constructed, installed and approved, or adequate security given for the proper construction and installation of the improvements as specified for site improvements in Chapter 17.65 NMC.

B. Complete Application. Applications for final plat approval shall be considered fully complete once the department determines that the application contains the following materials, signatures, approvals, or information in the format prescribed by the director:

1. Name and address of developer.

2. Payment of any application fees and deposits imposed by the city.

3. Notarized signatures of all persons having an ownership or security interest in the land being subdivided.

4. Phasing of plat improvements.

5. Final Plat Map. Submit the final plat of survey (final plat map), drawn on one or more sheets, drawn to a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet, on sheet size(s) of 18 inches by 24 inches with a one-half-inch border on the top, bottom and right-hand margins and a two-and-one-half-inch border on the left-hand or binding margin, with north indicated, and the following information:

a. Name of the subdivision.

b. Location by section, township and range, or by other legal description.

c. The name and seal of the registered engineer or the registered land surveyor.

d. Scale shown graphically, datum and northpoint. The scale of the final site plan shall be such that all distances and bearings can be clearly and legibly shown thereon in their proper proportions. Site plans unduly cramped and whose essential data cannot be clearly read will not be approved.

e. The boundary lines of the tract to be platted and the proposed interior lot lines, and relationship to adjacent properties.

f. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field, referenced to the Washington Coordinate System, WM Zone.

g. Location of monuments or evidence used as ties to establish the boundaries.

h. The boundary and dimensions of the “original tract,” including its bearings and length of all boundary lines, assessor’s parcel number, section, township and range.

i. Any necessary easements for improvements to be retained on the site including, but not limited to, structures, utilities, stormwater systems, and underground storage tanks.

j. Location and dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the subdivision plat, and applicable city or county file numbers.

k. The width and location of access to all lots proposed within the subdivision.

l. The number assigned to each lot.

m. The boundaries of all lands reserved in the deed for common use of the property owners of the subdivision or dedicated to the public.

n. Certificates on Plat Map. Include certificate blocks for (i) the surveyor, (ii) the city mayor, (iii) the city engineer, (iv) the city community development director, (v) the county finance division, and (vi) the county recorder.

6. Lot closure calculations.

7. Final covenants, conditions and restrictions (CC&Rs). (Ord. 2020-611 § 9; Ord. 2019-598 § 10; Ord. 2005-305 § 1).

17.45.150 Recording.

After the final plat is approved by the city council and signed by the mayor and city clerk, the plat is forwarded to the department of assessments for signatures and recorded with the King County department of records and elections. Upon recording, the final plat shall permit the division of the land within the site and constitute acceptance of any dedications shown on the plat. (Ord. 2005-305 § 1).

17.45.160 Changes to proposed or approved plats.

The applicant shall meet the requirements in Chapter 17.70 NMC for alteration or vacation of a subdivision. (Ord. 2005-305 § 1).