Chapter 20.07
FINAL PLATS AND FINAL BINDING SITE PLANS
Sections:
20.07.040 Requirements for a complete application.
20.07.060 Review and approval process.
20.07.070 Time limitation for final decision.
20.07.010 Purpose.
The purpose of the provisions in this chapter is to regulate the process for final plat and final binding site plan approval. No building permits for development of a preliminary subdivision or preliminary binding site plan shall be issued until final plat or final binding site plan approval has been granted, pursuant to Chapter 20.05 NMC, and the plat has been recorded. (Ord. 2021-633 § 2).
20.07.020 Administration.
The director is authorized and directed to administer the provisions of this chapter. The city council has the authority to approve or deny final plats associated with subdivision improvement agreements (per NMC 20.06.050) during a public meeting. The director has the authority to administratively approve or deny final plats not associated with a subdivision improvement agreement and final binding site plans without a hearing. (Ord. 2022-639 § 6; Ord. 2021-633 § 2).
20.07.030 Procedure.
The following steps shall be followed in the processing of a final plat application:
A. NMC 19.09.030, determination of complete application;
B. NMC 20.07.060, staff review, recommendation and director action if the plat does not entail a subdivision improvement agreement under NMC 20.06.050, and city council action if the plat entails a subdivision improvement agreement;
C. NMC 20.07.060(C), city council public meeting;1
D. NMC 19.09.050, notice of decision. (Ord. 2022-639 § 7; Ord. 2021-633 § 2).
20.07.040 Requirements for a complete application.
The following materials, along with applicable fees as established by the city in a resolution for this purpose, shall be submitted to the city for a complete application for a final plat or final binding site plan:
A. Application Form. One digital copy of an application on a form provided by the city, completed and containing the following information:
1. Name, address and telephone number of applicant and owner(s) of the land proposed to be divided;
2. Signature of applicant;
3. Signature(s) of property owner(s) or owner’s authorized representative(s);
4. Other information specified and requested on the application form.
B. Final Plat Map. One digital final plat map meeting the requirements of preliminary plat approval, Chapter 20.04 NMC, and Chapter 58.17 RCW, in the form required by NMC 20.04.040(E) and including the certifications and dedications described in NMC 20.07.050. The plat must also reflect a final survey of all lots within the subdivision, including corner stakes on the corners of each lot, tract or parcel shown on the approved preliminary plat. The lots on the final plat must substantially reflect the size, location, and dimensions of lots shown on the approved preliminary plat, with an allowed tolerance/deviation of not more than two percent from the approved preliminary plat dimensions, and in no case less than minimum code dimensions/areas.
C. Title Report. Every plat containing a dedication filed for record must be accompanied by a title report dated by a title company within 30 days of the date the application was submitted confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
D. Recordable Survey and Signature Requirements. Every final plat or final binding site plan map must meet the recordable survey and surveyor’s signature requirements of Chapter 58.09 RCW and RCW 58.17.250.
E. Required Cost Information. If the public facilities required by the preliminary plat will not be constructed prior to final plat (as allowed by a bond or other security with a subdivision improvement agreement, pursuant to Chapter 20.06 NMC), the subdivider’s engineer shall provide cost information for construction and installation of all public facilities, including but not limited to the following:
1. Water mains and appurtenances. Total cost by number of feet and the cost of any other associated improvement by item, including water services;
2. Storm drains. Total cost by size and number of feet;
3. Sanitary sewer. Total cost by size and number of feet;
4. Road and street improvements;
5. Pedestrian/bike connections. Total cost by size and number of feet;
6. Landscaping, including street trees, total cost;
7. Other on- or off-site improvements as required.
F. Submittal Requirements. The application and the materials set forth above shall be submitted to the city signed by the owner and registered land surveyor.
G. For Binding Site Plan Approval. In addition to subsections (A) through (F) of this section, the applicant for a final binding site plan approval shall provide the following:
1. A final site plan, plat map, elevation drawings, landscape plans and other plans and documents as required under the preliminary binding site plan process that reflect and incorporate all conditions of approval specified in the preliminary binding site plan decision, each prepared and formatted for recording with the King County auditor. Each document shall be labeled with clear reference to the name and file number of the approved binding site plan. All documents shall be collated into a single recordable document, which shall include a cover page that identifies the title and all contents and documents associated with the approved binding site plan. The cover page shall include a signature block for the city of Newcastle community development director, as follows:
The documents specified on this title page and attached hereto reflect all necessary and associated documents pertaining to the ________________binding site plan approved by the City of Newcastle on ________ (date) under File Number ____________.
______________________________
Community Development Director, City of Newcastle
_________
Date
2. As-built drawings of all site improvements and landscaping in relation to lot lines approved for preliminary binding site plan.
3. As-built drawing of all site improvements and landscaping in relation to final lot lines. (Note: Lot dimensions, distances and bearing on final binding site plan plat may vary by no more than 0.25 percent from dimensions, distances, and bearings on approved preliminary binding site plan. Deviations exceeding 0.25 percent will require application to amend the preliminary binding site plan.) (Ord. 2022-645 § 20; Ord. 2021-633 § 2).
20.07.050 Prescribed form.
The final plat or final binding site plan shall be submitted to the city in the form and manner prescribed in this section.
A. Form.
1. The final plat or final binding site plan, containing all of the information specified in this chapter, shall be prepared in a neat and legible manner in permanent drawing ink or equivalent on mylar, vellum or black-line paper. The final plat shall meet the content and formatting requirements of the preliminary plat described in NMC 20.04.040(E). All documents, maps, survey calculations and notes shall contain the name of the subdivision, the name(s) of the applicant(s) and the name of the registered land surveyor responsible to the applicant(s); and
2. The final plat or final binding site plan map shall be 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.
3. The applicant shall also submit an electronic copy to the city of the approved final plat or binding site plan.
B. Specific Requirements. The final plat or final binding site plan shall clearly show the following information with the specified line weights, which are to ensure a hierarchy in information for legibility and ease of interpretation, i.e., to differentiate between primary, secondary, and background information. Other line weights or line types may be approved if it can be demonstrated that hierarchy of information and ease of legibility are achieved:
1. The lines and names of all streets and other public ways, pedestrian/bike path connections, parks, playgrounds, and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision (medium line weight);
2. The lines and names of all existing or platted streets or other public ways, pedestrian/bike connections, parks, playgrounds, and easements adjacent to the subdivision, including municipal boundaries, township lines and section lines (fine line weight);
3. The lengths and bearings of all straight lines, curve radii, curve delta, arcs, and semi-tangents (where appropriate) of all curves (medium line weight);
4. 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. All bearings shall be referenced to the Washington Coordinate System, WM zone (medium line weight);
5. All easements and associated restrictions and maintenance provisions (medium line weight);
6. Building setbacks (fine line weight);
7. Tracts or areas set aside for environmental protection, tree retention, community open space, common access or any other restricted use with associated restrictions and maintenance provisions clearly defined (heavy line weight for tract lines; medium weight for area lines and text);
8. The area of all lots and tracts expressed in square feet (medium line weight);
9. Suitable primary control points, approved by the city engineer, on descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plat shall be referred;
10. The location of all permanent monuments;
11. The names of all subdivisions immediately adjacent thereto (fine line weight);
12. The date, north arrow, scale, datum plane, and date of survey;
13. The boundary of the tract (heavy line weight) with the courses and distances marked thereon as determined by a field survey made by a registered land surveyor of the state (medium line weight);
14. A vicinity sketch map of approximately 800 feet to the inch;
15. Street names (fine line weight); and
16. The stamp and signature of a surveyor licensed in the state of Washington.
C. Dimensional Requirements. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
D. Required Scale of Plat. The preferable scale of the final plat shall be one inch equals 20 feet, but not less than one inch equal to 100 feet or as approved by the director.
E. Differentiating Old and New Plat Lines. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity.
F. Document Forms. All final plats, replats or final binding site plans shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision or binding site plan and easements, dedications, acknowledgments, and other statements, shall appear substantially in the form as follows:
1. Easements (Sample Utility Easement).
An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ___ (__) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted.
2. Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the said donees, grantee, or grantees, for his, her, or their use for the purpose intended by the grantors or donors.
We, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road.2 This subdivision has been made with our free consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ day of ________.
[Signature blocks and Notary Certificate to follow.]
3. Acknowledgments or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100.
4. Surveyor’s Certificate.
I hereby certify that the plat of ______ is based upon a complete and actual survey and subdivision of Section __, Township ___, Range ___, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations.
______________________________
Certificate: _________________________
Expiration: _________________________
Date: _________________________
5. City Engineer’s Approval.3
I hereby certify that this final plat is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary plat approval. I have approved this final plat as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other structures. Examined and approved by me this ____ day of _______, 202_.
____________________________
City Engineer, City of Newcastle
6. Community Development Director’s Approval.
This plat complies with all requirements of Title 20 of the Newcastle Municipal Code and all required improvements associated with this subdivision have been installed or otherwise secured through a bond or other security acceptable to the City through a Subdivision Improvement Agreement. Examined and approved by me this ____ day of _______, 202_.
______________________________
Community Development Director, City of Newcastle
7. City Council Approval (if applicable under NMC 20.06.050 – Subdivision Improvement Agreements).
Approved by the City Council of the City of Newcastle, this ____ day of ________.
ATTEST:
______________________________
City Clerk
______________________________
Mayor
8. County Treasurer Approval.
This is to certify that all taxes heretofore levied and which have become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year ____.
Executed this ___ day of ____________, 202_.
______________________________
County Treasurer, King County
9. County Auditor.
Filed at the request of _________________, this day of ___________, ______ 202_, and recorded in Volume ___ of Plats, page(s) ______, Records of __________ County, Washington.
______________________________
County Auditor, King County
(Ord. 2022-639 § 8; Ord. 2021-633 § 2).
20.07.060 Review and approval process.
A. Staff Review. Once the final plat or final binding site plan application has been received and determined complete, the staff will determine whether all of the public facilities required by the preliminary plat or preliminary binding site plan approval have been constructed. Such public facilities shall be completed to the satisfaction of the city engineer. In addition, the applicant shall submit an irrevocable offer to dedicate the improvements to the city, free and clear of all liens and encumbrances on the dedicated property and public facilities. No final plat or final binding site plan shall be approved unless all of the public facilities required by preliminary plat or preliminary binding site plan approval have been constructed, or the applicant has provided the city with a bond or a subdivision improvement agreement with the necessary security to guarantee completion of such improvements.
B. Staff Recommendation. The city engineer shall recommend approval of the final binding site plan to the director if:
1. The application is complete; and
2. The public facilities or other improvements are constructed in a satisfactory manner and approved by the city engineer, or, in the alternative, a bond or security with a subdivision improvement agreement has been provided pursuant to Chapter 20.06 NMC.
C. Action.
1. Final Plat – Approval by Director. If the director finds that the subdivision proposed for final plat approval conforms to all terms of preliminary plat approval and that said subdivision meets the requirements of this title, Chapter 58.17 RCW, other applicable city codes, state laws, and any local ordinances adopted under Chapter 58.17 RCW which were in effect at the time of preliminary plat approval, and if the subdivision is not subject to a subdivision improvement agreement, the director shall suitably inscribe and execute the city’s approval on the face of the plat.
2. Final Plat – Approval by City Council. If the subdivision proposed for final plat is subject to a subdivision improvement agreement, the director shall forward the proposed plat to the city council, which shall consider the final plat application at a public meeting. If the city council finds that the subdivision proposed for final plat approval conforms to all terms of preliminary plat approval and that said subdivision meets the requirements of this title, Chapter 58.17 RCW, other applicable city codes, state laws, and any local ordinances adopted under Chapter 58.17 RCW which were in effect at the time of preliminary plat approval, the council shall authorize the mayor to suitably inscribe and execute the city’s approval on the face of the plat.
3. Final Binding Site Plan. After receipt of the recommendation of the staff on the final binding site plan, the director shall consider the final binding site plan application and determine whether: (a) it meets all of the terms of preliminary binding site plan approval; and (b) all of the applicable requirements of this title, other city codes, state law and any local ordinances adopted under Chapter 58.17 RCW which were in effect at the time of preliminary binding site plan approval. If the application satisfies all of the criteria in this subsection, the director shall suitably inscribe and execute the city’s approval on the face of the binding site plan.
D. Submittal and Filing Requirements. The subdivider shall furnish the city with one permanent reproducible hard copy of the final plat on mylar, black-line paper or vellum, including all required signatures of the owner(s) and surveyor, recording data and covenants. Hard and electronic copies shall be supplied to the city within seven days of the council’s approval along with a deposit for recording fees. The city shall file the original approved final plat with the county auditor within 30 working days after approval by the city council at the subdivider’s cost. One paper copy shall be filed with the county assessor. (Ord. 2021-633 § 2).
20.07.070 Time limitation for final decision.
The decision to approve or deny a final plat shall be made within 30 days after the final plat application was determined complete, pursuant to NMC 20.07.060(C), unless the applicant consents to an extension of such time period. The director’s final decision to approve or deny a final binding site plan shall be made within 30 days after the final binding site plan application was determined complete unless the applicant consents to an extension of such time period. (Ord. 2021-633 § 2).
20.07.080 Effect of approval.
A. Any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws, for a period of 10 years from the date of filing if the final plat is within city limits, not subject to the requirements adopted under Chapter 90.58 RCW and the date of filing is on or before December 31, 2007.
B. Except as provided by subsection (A) of this section, any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015.
C. Except as provided by subsection (A) of this section, a subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and for a period of five years after final plat approval if the date of the final plat approval is on or after January 1, 2015, unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
D. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of 10 years after final plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW, and the date of final plat approval is on or before December 31, 2007, unless the city council body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 2021-633 § 2).
There is no public hearing or meeting for a final plat approval or final binding site plan approval.
This waiver may be required by the city pursuant to RCW 58.17.165 where the city accepts a street or avenue as part of short/final plat approval.
No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall examine and approve such plats on behalf of any city, town or county. RCW 58.17.160(4).