Chapter 17.12
SHORT SUBDIVISIONS – FOUR OR FEWER LOTS
Sections:
17.12.020 General limitations.
17.12.040 Application – Notice posting.
17.12.080 Changes to proposed or approved short plats.
17.12.090 Limitation and extension.
17.12.140 Completion and bonding requirements.
17.12.150 Approval and recording.
17.12.160 Short plat alterations and vacations.
17.12.010 Requirements.
Where a tract of land is to be subdivided into no more than four lots, approval of such subdivision shall be obtained from the planning manager. Chapter 17.16 NPMC and NPMC 17.44.020 shall not apply when all of the following requirements are met; however, all requirements of plats may be followed at the option of the applicant if desired:
(1) The resulting lots shall meet all the requirements of Chapter 17.40 NPMC.
(2) The physical division of the tract, or specification by deed covenant, shall preclude a further division of the tract which would result in a total of five lots or more including those lots formed by the initial partition.
(3) Any division of land previously short platted, after a period of five years since the short platting thereof, shall constitute a resubdivision and shall be subject to the provisions of this title.
(4) Each lot shall abut a public street by a minimum of 25 feet, or have access to a public street by means of a private lane easement meeting all the requirements of Chapter 17.36 NPMC.
(5) Application for the partition of land under the provisions of this section shall be made to the city manager or designee and shall be considered complete when accompanied by the following:
(a) Completed application form;
(b) A plat map drawn to scale and certified by a licensed surveyor or engineer, including the following information:
(i) Existing and proposed parcels;
(ii) Existing structures and their setbacks;
(iii) Square footage of each parcel;
(iv) Lot line measurements and bearings;
(v) Existing and/or proposed access;
(vi) Existing and proposed easements;
(vii) All creeks, streams, wetlands, steep slopes and any other sensitive areas including buffers and setbacks;
(viii) Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent and five-foot intervals for slopes of 20 percent or greater. Contours must be shown 25 feet past the property line when possible;
(ix) Appropriate approval and signature blocks;
(c) A conceptual road, drainage and utility plan;
(d) A letter from the appropriate water supplier serving the area of the subdivision certifying connections;
(e) Certificate of sewer availability or alternate sewage disposal plan approved by the Seattle-King County department of public health;
(f) Certificate of fire hydrant availability;
(g) Preliminary drainage report appropriate to the site;
(h) Names and addresses of all property owners within 300 feet of any portion of the proposed short subdivision;
(i) A statement from the applicant that, if a bond is posted in lieu of completion of required improvements before recording the plat, the applicant grants a right of entry to the bonding company and to the city to complete any work subject to the performance bond;
(j) A fee in such amount as shall be adopted by resolution of the city council.
(6) When site improvements, as required by Chapters 13.08 NPMC and NPMC 17.20.030, 17.20.040, 17.20.050 and Chapter 17.36 NPMC, are not completed prior to final approval, a letter is required from each utility indicating that its respective services will be available. In addition, the applicant shall post a bond in an amount equal to the city engineer’s estimate of the total construction cost plus 75 percent if that estimated cost is less than $100,000 and 30 percent if the estimated construction cost is greater than $100,000 and drawn on a financial institution of national reputation and satisfactory to the city, in which assurance is given that the installation of the improvements required by the above-referenced sections and chapters will be made within 24 months from the date of final approval.
(7) The State Department of Transportation must be notified of an application for approval of a short plat or short subdivision that is adjacent to the right-of-way of a state highway.
(8) Upon completion of all public improvements satisfactory to the city, the applicant shall provide the city with a maintenance bond in an amount equal to 20 percent of the construction cost of the public improvements. This bond shall remain in effect for two years beyond the satisfactory completion of all improvements and the recording of the short plat, whichever is later. This bond shall be to guarantee or warranty the correct functioning of all public improvements. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.020 General limitations.
The following general limitations shall apply to all short subdivision applications:
(1) Only a separate lot or a combination of two or more contiguous separate lots may be short subdivided;
(2) No more than four lots may result from any single application; and
(3) 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 the prior short subdivision. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.030 Plat certificate.
Applications as required by NPMC 17.12.010(5) shall be accompanied by a plat certificate issued within 10 days of filing the application. Upon the tentative approval of such application, as communicated by the city to the applicant in writing, a supplemental report of the plat certificate shall be provided by the applicant or his successors showing that taxes are current and that required easements for private roads have been established of public record and that the applicant has an ownership interest in the land at the time of granting approval. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.040 Application – Notice posting.
(1) Upon acceptance of a complete short subdivision application, the city shall cause notice of the application to be given within 28 days of the acceptance of the application.
(2) Notice required pursuant to this section shall be as follows:
(a) By posting a notice board on or adjacent to the subject property at a place conspicuous and likely to be seen by persons passing the property. The city may require additional notice boards when a site does not abut a public road or when the city deems additional boards necessary to ensure appropriate public notice. Posting shall occur for at least 30 days. Posting of the required notice, including any expenses of posting, shall be the responsibility of the applicant. An affidavit of posting in a form approved by the city shall be submitted by the applicant to the city prior to the final date for written comments.
(b) By first class mail to owners of property within 300 feet but not less than two parcels from any boundary of the subject property.
(c) By first class mail sent to:
(i) Any city located within one-half mile of any boundary of the subject property (and the county if unincorporated land is within one-half mile);
(ii) The State Department of Transportation where any part of the short plat adjoins a state right-of-way.
(d) By any other method if the city deems it appropriate for the purpose of giving notice to interested parties, including but not limited to providing notification of the proposed action to local or community newspapers.
(3) Notices required under subsection (2) of this section shall include but not be limited to:
(a) The file number of the short plat, the total area of the short plat, the number of lots, the minimum lot size, the proposed use, and the name of the applicant;
(b) A vicinity map or general location description in non-legal language;
(c) A statement indicating that written material may be submitted to the city within 30 days after notice is posted;
(d) Identification of the responsible city official; and
(e) A description of the city appeal procedure. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.050 Public meeting.
At the discretion of the planning manager, or at the request of the applicant, a public meeting, as defined in Chapter 17.16 NPMC, may be called. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.060 Decision.
(1) Following the acceptance of a complete application, or following the conclusion of any applicable SEPA review and appeal period, and following the 30-day comment period, the planning manager shall:
(a) Approve the application with conditions; or
(b) Deny the application; or
(c) Return the application to the applicant if additional information or modification is necessary to further process the application. Applications returned to the applicant for additional information or modification must be resubmitted within 120 days, or the application shall be deemed withdrawn or cancelled. Unexpended portions of application review fees shall be returned with the notice of cancellation.
The planning manager shall make written findings regarding compliance with subsection (2) of this section and notify applicants of the decision in writing.
(2) The decision shall be based on the following factors:
(a) Conformance with adopted city and state rules and regulations in effect on the date the application was deemed complete. Such rules and regulations include, but are not limited to: Chapter 58.17 RCW (Division of Land); Chapter 43.21C RCW (SEPA); NPMC Title 10 (Streets and Sidewalks), NPMC Title 13 (Environment), NPMC Title 16 (Shoreline Management), NPMC Title 17 (Subdivisions and Plats) and NPMC Title 18 (Zoning); the Seattle-King County department of public health rules and regulations; city-approved utility comprehensive plans; and the city of Normandy Park comprehensive plan; and
(b) Where appropriate, provision of adequate walkways and other planning features that assure safe walking conditions for students who walk to and from school.
(3) The decision shall become effective 10 calendar days after the decision has been mailed, or upon completion of appeals filed pursuant to city of Normandy Park laws, rules, codes, or regulations.
(4) Short subdivision approvals shall be valid for 24 months. If any condition is not satisfied and the short plat is not recorded within the approval period, the short subdivision approval shall be null and void. If all conditions have been satisfied and all required documents have been submitted within the approval period, the city may grant a single extension of up to 12 months to obtain additional information or for the processing and recording of short plat documents. Applicants will have a maximum of 30 days to comply with requests for additional information made within the extension period. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.070 Appeals.
Appeals of short subdivision approvals or denials shall be to the hearing examiner. Any appeal must be filed as provided in Chapter 18.150 NPMC. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 924 § 2(G), 2015; Ord. 780 § 8, 2006).
17.12.080 Changes to proposed or approved short plats.
(1) Applicant-generated modifications or requests for revision(s), which may include creation of additional lots or elimination of open space requirements, that result in substantial changes as determined by the city, and which are not made in response to staff review or public appeals, shall be treated as new applications for purposes of vesting in the applicant the legal right to proceed with the application under the regulations currently in effect at the time of application.
(2) Applicant-generated proposals to create additional lots, eliminate open space or change conditions of approval on an approved short plat shall also be treated as a new application for purposes of vesting.
(3) Proposals to amend an approved short plat shall be treated as an alteration pursuant to the provisions of this chapter regarding alterations. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.090 Limitation and extension.
Approval of a short subdivision of land, subject to requirements imposed by the planning manager under this title, shall be null and void at the end of 24 months from the date of such approval if requirements are not met and filed with the city clerk within the 24-month limit. One extension of the 24-month limit may be granted by the city manager or designee upon letter of request stating unusual circumstances or circumstances beyond the developer’s control. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.100 Administration.
(1) The city manager or designee is authorized to develop administrative rules and policies for the purpose of implementing and enforcing the provisions of this chapter, subject to city council approval.
(2) Applicant is responsible for costs of city engineering and other consultant review and testing, any application fees, and/or attorney fees incurred by the city in enforcing the requirements of this chapter. All costs and fees shall be payable within 30 days of the billing date, but in all cases prior to recording and approval of the short subdivision.
(3) City council shall provide no less than 10 days’ advance notice of any public hearing to consider proposals to adopt, amend, or repeal any part of this chapter. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.110 Access.
(1) Each lot within the short subdivision or short subdivision alteration shall have acceptable access to a street conforming to city road standards. To assure safe and adequate access, the city:
(a) May approve private lanes, provided the private lane requirements contained in Chapter 17.36 NPMC, Private Lanes, are met;
(b) May limit direct access to certain streets and require on-site public streets or private lanes in lieu of individual driveways, in accordance with the city road standards;
(c) Shall require off-site improvements to public or private streets needed to provide access from the short subdivision to a street acceptable to the city engineer;
(d) Shall assure that the number of lots to be served by the street system complies with the road standards; and
(e) Shall require completion of improvements or posting of a bond pursuant to NPMC 17.12.140.
(2) Short subdivisions involving construction within a city right-of-way shall obtain a right-of-way use permit pursuant to the codes, rules, laws and regulations of the city. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.120 Water supply.
All lots must have an adequate water supply before the short plat may be recorded. Prior to recording the final short plat, the approved public water system shall be installed to serve each lot unless a bond has been deposited with the city pursuant to NPMC 17.12.140. The city may assign rights to enforce the bond to the purveyor. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.130 Sewage disposal.
All lots must be served by or provisions made for an adequate public sewage disposal system or an on-site sewage disposal system before the short plat may be recorded. Prior to recording the final short plat, either the approved public sewage shall be installed to serve each lot, or a bond has been deposited with the city pursuant to NPMC 17.12.140. The city may assign rights to enforce the bond to the purveyor. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.140 Completion and bonding requirements.
All improvements required as a condition of short subdivision approval shall be completed within 24 months from the date of approval. If the required improvements have not been completed prior to recording the final short plat, the city may accept a payment and performance bond to ensure completion by the owner or contractor. The bond shall be deposited with the city with the following conditions:
(1) The bond shall:
(a) Be issued by a surety company licensed to do business in Washington State;
(b) Name the contractor or owner as the principal;
(c) Name the city as beneficiary;
(d) Be conditioned upon the principal’s satisfactory completion of the short subdivision conditions; and
(e) Remain in effect for one year following the recording of the plat or until the work has been certified as complete by the city engineer and a maintenance bond has been supplied to the city.
(2) If the required improvements are not completed within the time specified in this section, the city shall tender the claim to the bonding company to complete the work. If the tender is rejected, the bond shall be forfeited in favor of the city, and the city shall use the bond to construct the improvements serving the new subdivision.
(3) All legal costs incurred by the city to enforce completion or call the bond shall be borne by the principal of the bond.
(4) The city shall also require a bond to warrant performance of all construction, equipment and landscaping for a period of 24 months following installation. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.150 Approval and recording.
(1) All short subdivisions shall meet the following provisions prior to recording:
(a) All short subdivisions shall be surveyed and the final recording forms shall be prepared by a licensed land surveyor;
(b) Surveys shall include those items prescribed by RCW 58.09.060, Records of survey, contents – Record of corner, information;
(c) 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;
(d) A supplemental plat certificate shall be provided if the final short plat is not recorded within 10 days of the original certificate or supplemental certificate date;
(e) All required improvements must be installed and approved, or bonded as specified in NPMC 17.12.140;
(f) Applicant shall be required to provide certification from the city of Normandy Park city clerk and King County office of finance that property taxes for the subject property are not delinquent prior to issuance of the approval; and
(g) All applicable fees, and any civil penalties assessed, have been paid.
(2) The short plat for recording shall contain the following signatures, approvals or information in the format prescribed by the planning manager:
(a) Lots shall be designated by number on the short plat within the area of the lot. Tracts shall be similarly designated by letter and each tract shall be clearly identified with the ownership and purpose;
(b) Signature and stamp of the land surveyor who prepared the short plat;
(c) All required dedications;
(d) Reference to the recording number of the completed survey as required by this section if the boundaries have been previously surveyed;
(e) Reference to all agreements or covenants required as a condition of approval;
(f) Notarized signatures of all persons having an ownership or security interest in the land being subdivided;
(g) Approval of the city engineer;
(h) Approval of the King County assessor; and
(i) Approval of the planning manager.
(3) The planning manager shall examine and approve the short plat if it and the short subdivision it represents conform to all conditions of approval. The planning manager shall record the short plat with the King County division of records and elections, and shall provide a copy of the documents, stamped with the recording number, to the office of the city clerk and to the applicant. Short plats shall become effective upon recording. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.160 Short plat alterations and vacations.
(1) Within five years of the recording date, any recorded short plat may be altered provided no more than a total of four lots result within the boundaries of the original short plat. An alteration may include adjacent separate lots provided no more than four lots result within the boundaries of the original short plat together with such additional property. After five years from the recording date, the short plat may be altered or the land may be subdivided further in accordance with this chapter. The following requirements apply to all short plat alterations:
(a) All persons having any ownership or security interest in the lots or tracts of the original recorded short plat being altered must sign the final altered short plat forms.
(b) Any features contained on the original short plat which have been relied upon in subsequent land development or city planning decisions shall be incorporated on the short plat alteration.
(c) Lot lines of lots which are nonconforming only by reason of insufficient square footage may be altered without regard to current square footage requirements as long as they are not made more nonconforming and as long as no additional lots are created, and the proposed lots are consistent with the other dimensional requirements of the zoning in effect at the time of the original short plat approval. Any newly created additional lots must meet original short plat approval and current zoning requirements.
(d) The criteria cited in NPMC 17.12.060 shall be used as the basis to approve or deny any proposed alteration. Seattle-King County department of public health approval shall be required, where applicable.
(2) Any short plat alteration that deleted all interior boundaries shall constitute a vacation of the original short plat, effective at the time the altered short plat is recorded.
(3) Short plat alterations or vacations involving public dedications shall be processed in the manner provided by law for alteration or vacation of subdivisions. All other short plat alterations or vacations shall be processed as set forth in NPMC 17.12.060 and 17.12.150.
(4) Approved alterations and vacations shall be recorded with the city of Normandy Park city clerk and the King County division of records and elections. (Ord. 955 § 4 (Exh. 4), 2017; Ord. 780 § 8, 2006).
17.12.170 LID site analysis.
(1) Applicability. All short subdivision projects, as defined by this chapter, shall conduct an LID site analysis in accordance with NPMC 13.08.050. Site assessment finding shall be a component of the project submittal. (Ord. 955 § 4 (Exh. 4), 2017).
17.12.180 LID standards.
The LID standards set forth in Chapter 13.08 NPMC apply to all subdivisions defined in this chapter. (Ord. 955 § 4 (Exh. 4), 2017).