Chapter 17.50
SHORT SUBDIVISION

Sections:

17.50.010    Purpose.

17.50.020    Applicability.

17.50.030    Administration.

17.50.035    Low impact development (LID).

17.50.040    General limitations.

17.50.050    Complete application.

17.50.060    Additional requirements.

17.50.070    Material errors.

17.50.080    Requirements for noticing.

17.50.090    Preliminary decision.

17.50.100    Appeals.

17.50.110    Preliminary short subdivision time limitation.

17.50.120    Final short plat to conform to preliminary short plat.

17.50.130    Final short plat approval.

17.50.140    Recording.

17.50.150    Changes to proposed or approved short plats.

17.50.010 Purpose.

The purpose of this chapter is to regulate the division of land into nine or fewer lots in accordance with applicable Washington State and city laws, rules, and regulations; to provide the public with clear administrative procedures for the short 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 § 9; Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.010), 1994; Ord. 20 § 1, 1994. Formerly 17.35.010).

17.50.020 Applicability.

This chapter applies to each application for a subdivision of land into two to nine lots, except as provided in RCW 58.17.040. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-455 § 10; Ord. 2005-305 § 1).

17.50.030 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. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.160), 1994; Ord. 20 § 1, 1994. Formerly 17.35.160).

17.50.035 Low impact development (LID).

The use of LID best management practices (BMPs) is encouraged in short 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. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

17.50.040 General limitations.

The following general limitations shall apply to all short subdivision applications:

A. Only a separate lot, as defined in Chapter 17.10 NMC, or a combination of two or more contiguous separate lots, may be short subdivided;

B. A maximum of nine lots may be created by any single application;

C. All contiguous parcels of land, regardless of date of acquisition or location in different lots, tracts, parcels, tax lots or separate government lots, that are to be subdivided or short subdivided shall constitute a single subdivision or short subdivision action; and

D. Except as provided in this chapter, if the lot to be subdivided was created through a prior short subdivision, at least five years must have passed since the recording of such prior short subdivision and shall be consistent with RCW 58.17.060. (Ord. 2012-455 § 11; Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.060), 1994; Ord. 20 § 1, 1994. Formerly 17.35.060).

17.50.050 Complete application.

A proposed short subdivision application shall be considered under the zoning and other land use control ordinances in effect at the time a fully complete application, pursuant to RCW 58.17.033, is filed with the department.

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 short 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 identification and description of the properties involved in the site plan.

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

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

5. 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.

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

7. 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 are in the name of the applicant, or in the name of the owner whom the applicant represents.

8. Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property.

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

10. A complete environmental checklist, if required by the city’s SEPA policies.

11. A statement confirming adjacency to state right-of-way.

12. A statement as to whether the site is located within a designated floodplain.

13. 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.

14. Preliminary Grading Plan. Based upon information provided in subsection (C)(13) of this section, a preliminary grading plan is required. Include the following in the preliminary grading plan:

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.

15. Site Plan. A scaled site plan of the property proposed to be divided (of a scale clearly legible) including the following information:

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

e. 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.

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

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

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

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

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

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

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

16. Tree retention plan as defined and required in NMC 18.16.140.

17. Preliminary Plat Map. A separate drawing of the proposed plat of survey, 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 information:

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

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 (medium line weight).

c. Location of monuments or evidence used as ties to establish the boundaries (medium line weight).

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 (fine line weight).

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

g. The width and location of access to all short-subdivided lots proposed (medium line weight).

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

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

j. A statement on the face of the short plat that land in 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 nine 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 nine lots within the original short plat boundaries.

k. Easements and appropriate language.

l. Road dedicated to the public and appropriate language.

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.

n. Certificate of consent and dedication.

18. Corner staking and survey.

19. 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.

20. 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).

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

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

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2020-611 § 10; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-305 § 1; Ord. 2000-209 § 5; Ord. 25 Exh. A (.26.020), 1994; Ord. 20 § 1, 1994. Formerly 17.35.020).

17.50.060 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).

17.50.070 Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.050), 1994; Ord. 20 § 1, 1994. Formerly 17.35.050).

17.50.080 Requirements for noticing.

The notice requirements of Chapter 19.11 NMC shall be applicable to review this chapter as a Type II permit. (Ord. 2005-305 § 1; Ord. 97-153 § 44. Formerly 17.35.070).

17.50.090 Preliminary decision.

A. A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. Pursuant to Chapter 19.07 NMC the director’s decisions shall include any conditions to ensure consistency with the city’s development regulations based on the following but not limited to:

1. Conformance with adopted city, county and state rules and regulations in effect on the date the complete application was received.

2. A finding that the preliminary short subdivision makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of right-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, and water supply and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

3. A finding that proposed preliminary short subdivision complies with all applicable provisions of Chapter 17.15 NMC, NMC Title 18, Zoning, and other adopted regulations and administrative rules. (Ord. 2005-305 § 1).

17.50.100 Appeals.

The director’s decision regarding short subdivisions may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2005-305 § 1; Ord. 97-153 § 47; Ord. 25 Exh. A (.26.130), 1994; Ord. 20 § 1, 1994. Formerly 17.35.130).

17.50.110 Preliminary short subdivision time limitation.

A. The director’s decision shall become final and effective 10 calendar days after the decision has been mailed, or upon completion of appeals filed pursuant to NMC 17.50.100.

B. Short subdivision preliminary approvals shall be valid for 72 months (six years) if preliminary approval was granted on or before December 31, 2007; 60 months (five years) for those short plats receiving preliminary short plat approval between January 1, 2008, and December 31, 2014, after which date preliminary short plat approval shall be valid for 36 months (three years). If any condition is not satisfied and the final short plat is not recorded within the approval period, the short subdivision approval 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 or for the processing and recording of final short plat documents. Applicants will have a maximum of 30 days to comply with requests for additional information made within the extension period.

C. All construction and site development activities related to the short subdivision are prohibited until the preliminary decision becomes effective or until authorized by any plan approval required as a condition of preliminary short subdivision approval. (Ord. 2012-455 § 3; Ord. 2010-430 § 5; Ord. 2010-421 § 6; Ord. 2005-305 § 1; Ord. 97-153 § 46; Ord. 25 Exh. A (.26.120), 1994; Ord. 20 § 1, 1994. Formerly 17.35.120).

17.50.120 Final short plat to conform to preliminary short plat.

A. After the approval of the preliminary short plat the developer is in the position to go ahead with the improvements 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 interests 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).

17.50.130 Final short plat approval.

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

1. All final short 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 short 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 short subdivision 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 of the subdivision.

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

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

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

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

6. Confirmation of corner staking and survey being consistent with the proposed plat of survey.

7. 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 are in the name of the applicant, or in the name of the owner whom the applicant represents.

8. Certificate of consent and dedication stating that the short subdivisions have been made with the free consent and in accordance with the desires of the owners.

9. Information regarding any dedications of streets, roads or other areas to the public, religious societies or to any corporation, public or private, as applicable.

10. Final Plat Map (Plat of Survey). A final plat of survey, 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, including the following information:

a. 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.

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

c. 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.

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

e. 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.

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

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

h. The width and location of access to all short-subdivided lots proposed.

i. The number assigned to each lot.

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

k. A statement on the face of the short plat that land in 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 nine 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 nine lots within the original short plat boundaries.

l. Easements, if any, including easement language.

m. Roads dedicated to the public with appropriate language.

n. Other Certificates on Plat Map. Include certificate blocks for (i) the surveyor, (ii) the city engineer, (iii) the city community development director, (iv) the county treasurer, and (v) the county auditor.

o. Lot closure calculations. (Ord. 2020-611 § 11; Ord. 2019-598 § 11; Ord. 2005-305 § 1; Ord. 25 Exh. A (.26.140), 1994; Ord. 20 § 1, 1994. Formerly 17.35.140).

17.50.140 Recording.

The director shall examine and sign the final short plat if it and the short subdivision it represents conform to all conditions of preliminary and final approval. Short plats shall be forwarded to the King County department of assessments and recorded with the King County department of records and elections. Upon recording, the final plat shall permit the division of land within the site and constitute acceptance of any dedication shown on the plat. (Ord. 2005-305 § 1).

17.50.150 Changes to proposed or approved short plats.

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