Chapter 20.88
SUBDIVISIONS – PRELIMINARY PLATS

Sections:

20.88.010    Purpose – Applicability.

20.88.020    Preliminary plat – Application required.

20.88.030    Preliminary plat – Submittal requirements.

20.88.040    Preliminary plat – Criteria for approval.

20.88.050    Preliminary plat – Dedications.

20.88.060    Preliminary plat – Timeline for approval.

20.88.070    Preliminary plat – Effect of approval.

20.88.080    Preliminary plat – Modifications.

20.88.090    Final plat – Deadline for filing.

20.88.010 Purpose – Applicability.

(1) The purpose of this chapter is to adopt the process and procedures for the review and approval of subdivisions in a manner consistent with Chapter 58.17 RCW.

(2) The provisions of this chapter describe the procedure that the city shall use to review and approve, conditionally approve, or deny proposed subdivisions.

(3) This chapter contains the substantive requirements that apply to subdivisions. For properties within jurisdiction of the Shoreline Management Act, also see Chapter 20.164 POMC for applicable requirements.

(4) Alterations and vacations of subdivisions shall follow the procedural requirements outlined in Chapter 20.96 POMC. (Ord. 019-17 § 18 (Exh. 1)).

20.88.020 Preliminary plat – Application required.

(1) Decision Type – Review Procedure. A preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.

(2) Form. Applications for a preliminary plat shall be filed with the department on and pursuant to forms provided by the department. The department is authorized to maintain by administrative rule a list of the application requirements, which at a minimum shall incorporate the requirements included in this chapter.

(3) Environmental Checklist. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and Chapter 20.160 POMC, State Environmental Policy Act (SEPA). The information required is a part of and must accompany a preliminary plat application.

(4) Accuracy of Information. Applications found to contain and be based on material errors may be deemed withdrawn and subsequent resubmittals shall be treated as a new application and shall require a new application fee. (Ord. 019-17 § 18 (Exh. 1)).

20.88.030 Preliminary plat – Submittal requirements.

The following, at a minimum, shall be submitted in the form and manner required by the department; provided, that the director may waive any requirements determined to be not reasonably necessary to review a preliminary plat application:

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

(2) 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;

(3) Legal description of the property to be subdivided, including legal 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;

(4) A map using a scale of 100 feet to one inch or larger containing the following information:

(a) The proposed name of the subdivision, if applicable, which shall not be the same as the name of any other subdivision or development in the city;

(b) Scale, north arrow, and date;

(c) Boundary lines including distance and bearing. The map shall be referenced to the state plane coordinate system;

(d) Location of monuments or evidence used as ties to establish the boundaries;

(e) Zoning on and adjacent to the property;

(f) Proposed lot lines, dimensions, lot numbers, and block numbers;

(g) A notation which shows the dimensioned setback of all existing structures, including those on adjoining properties, relative to existing property lines and to proposed lot lines, if such structures are proposed to remain and are within 30 feet of existing or any proposed lot lines;

(h) Exact location and dimension of all rights-of-way, tracts, easements, driveways, parks, or other public spaces, structures, lots, blocks, etc., within or adjoining the subject property, shown in reference to and in scale with the proposed subdivision and with applicable city or county file numbers;

(i) Existing and proposed water, sewer, power, communication, and stormwater drainage systems on, under, or over the property showing size, grades, points of connection, and location;

(j) The lot lines and owners of adjacent properties for a distance of not less than 100 feet from the external boundaries of the subject property;

(k) Existing topography of the subdivision indicated by contours at two-foot intervals. If the proposed subdivision has slopes that exceed 15 percent, five-foot contour intervals may be used in those areas;

(l) Typical cross-sections of the proposed grading; roads showing proposed sidewalks;

(m) A statement of soil type, drainage conditions, and present landscaping including a description of any natural or manmade land cover; wildlife present; the location of significant trees and proposed significant trees to be retained; all environmentally sensitive areas, their buffers, and minimum building setbacks; information required in accordance with Subtitle VIII of this title, Environmental Regulations; and any other environmental factors which may be prescribed by the community development department;

(n) Tracts of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision, including the dimensions and square footage of such tracts; and

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

(5) All information required under the State Environmental Policy Act (Chapter 43.21C RCW, as presently constituted or as may be subsequently amended), the SEPA administrative guidelines (Chapter 197-11 WAC, as presently constituted or as may be subsequently amended), and local ordinances adopted to implement such Act and guidelines;

(6) A current title company certificate for the subject property that has been issued no more than 30 calendar days prior to submitting the preliminary plat application to the city. The certificate shall include the name of all persons holding any ownership interest in the property;

(7) Title and certificates, including legal description according to official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or licensed land surveyor, date of survey;

(8) Any additional information required by the director, including, but not limited to, dedications or conditions of development required by this title;

(9) A certification by the land surveyor stating that all requirements of this title have been complied with;

(10) Draft of proposed covenants if any;

(11) 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 this chapter 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 POMC 20.88.080. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established pursuant to POMC 20.88.090, the applicant must enter into a development agreement with the city prior to the deadline pursuant to Chapter 20.26 POMC to govern such phased final plat approval. Phasing shall be shown on the face of the preliminary plat. (Ord. 019-17 § 18 (Exh. 1)).

20.88.040 Preliminary plat – Criteria for approval.

An applicant for a preliminary subdivision must demonstrate, and a preliminary subdivision shall not be approved by the city unless the city makes written findings and conclusions, that the application complies with all of the following criteria:

(1) All applicable statutory provisions, including, but not limited to, RCW 58.17.195;

(2) The city’s zoning code, 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) The city’s shoreline master program, and any other city-adopted plans;

(5) There are adequate and available water, storm drainage, erosion control and sanitary sewage disposal to support and service the area of the proposed preliminary subdivision and that are consistent with current standards and plans as adopted in city code or ordinance;

(6) All buildable lots 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 and POMC Title 13, Public Utilities;

(7) All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment, consistent with the city’s comprehensive sewer plan and POMC Title 13, Public Utilities;

(8) 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 Chapter 20.150 POMC, Stormwater Drainage;

(9) If the preliminary subdivision is in a flood control zone as defined in Chapter 86.16 RCW, the preliminary subdivision cannot be approved without the written approval of the State Department of Ecology;

(10) There are no flood, inundation, or swamp conditions that preclude approval under RCW 58.17.120;

(11) Proposed streets 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. All streets must be clearly shown on the face of the plat; public and private streets shall be designated;

(12) Provisions have been made for streets, utilities, street lighting, street trees, and other improvements that are consistent with the city’s zoning code and all applicable design, engineering, and construction standards;

(13) Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements;

(14) Provisions have been made for dedications, easements, and reservations;

(15) The design, shape, and orientation of the proposed lots are appropriate to the proposed use. In addition to meeting the minimum lot size density requirement, each residential lot must provide a building envelope;

(16) The subdivision complies with the relevant requirements of the city’s zoning code, all other relevant provisions of the POMC, and all other relevant policies and administrative rules of the city;

(17) Appropriate provisions for maintenance and monitoring of privately owned common facilities have been made;

(18) Appropriate provisions, in accordance with RCW 58.17.110, are made for:

(a) The public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys or 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; and

(b) The public use and interest will be served by the platting of such subdivision and dedication;

(19) The applicant agrees to install and dedicate all public facilities prior to the city’s approval of the final plat, unless the applicant has provided the necessary security for the future construction of any public facilities not yet installed or dedicated at the time of final plat pursuant to Chapter 20.90 POMC;

(20) The subdivision must not increase the likelihood of future applications for critical area buffer reductions or variances due to the creation of lots, parcels or tracts that are undevelopable or unusable without a buffer reduction. (Ord. 019-17 § 18 (Exh. 1)).

20.88.050 Preliminary plat – Dedications.

(1) Dedication of land to any public body, provision of public facilities to serve the subdivision, and/or impact fees pursuant to this title may be required as a condition of subdivision approval. Proposed dedications shall be clearly shown on the face of the preliminary plat.

(2) Pursuant to RCW 58.17.020, 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 may adopt the designated name. (Ord. 019-17 § 18 (Exh. 1)).

20.88.060 Preliminary plat – Timeline for approval.

A preliminary plat application shall be approved, approved with conditions, or denied within 120 days after an application has been determined to be complete pursuant to POMC 20.24.050, 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 120-day period shall not include the time spent preparing and circulating the environmental impact statement by the city or time during which the applicant has been asked to provide additional information to the city but has not yet responded. (Ord. 019-17 § 18 (Exh. 1)).

20.88.070 Preliminary plat – Effect of approval.

(1) 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, the city’s design and construction standards, and any special conditions imposed on the approval.

(2) Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing by the city engineer, pursuant to Chapter 20.98 POMC. (Ord. 059-21 § 10; Ord. 019-17 § 18 (Exh. 1)).

20.88.080 Preliminary plat – Modifications.

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

(1) Major and Minor Modifications Defined.

(a) Minor Modifications. Minor modifications to an approved preliminary plat are those which do not change the exterior plat boundaries, the conditions of preliminary plat approval, and road alignments or connections; or do not increase the number of lots by more than five percent or five lots, whichever is less.

(b) Major Modifications. A major preliminary plat modification is any application for a modification of a preliminary plat that does not meet the definition of a minor preliminary plat modification herein.

(2) Decision Types – Review Procedure.

(a) Minor Modifications. A minor modification to an approved preliminary plat is a Type I land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.

(b) Major Modifications. A major modification to an approved preliminary plat is a Type III land use decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC.

(3) Application. A complete application for a preliminary plat modification shall consist of the following:

(a) Minor Modifications. A complete application for a preliminary plat minor modification shall consist of a site plan showing the proposed modification, using the same plan format as in the original approval; and explanation in narrative form of the requested minor modification.

(b) Major Modifications. An application for a major preliminary plat modification shall include all of the required elements of a complete preliminary plat application pursuant to POMC 20.88.030.

(4) Criteria for Approval. An application for a plat modification, either minor or major, shall be approved, or approved with conditions, if the applicant demonstrates that all of the following criteria are satisfied:

(a) The modification meets all criteria in POMC 20.88.040; and

(b) The modification 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 Decision. A preliminary subdivision modification application, either minor or major, shall be approved, approved with conditions, or denied within 120 days after the application is determined to be complete pursuant to POMC 20.24.050, 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 120-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 preliminary subdivision modification, either minor or major, shall not extend the deadline set forth in POMC 20.88.090 for submission of a final plat application to the city; provided, that the decision-maker for an approved major preliminary plat modification may extend the deadline for submission of a final plat application if the decision-maker finds that the approved major modification is in the public interest. (Ord. 019-17 § 18 (Exh. 1)).

20.88.090 Final plat – Deadline for filing.

(1) General. The applicant shall submit to the department a final plat that meets the requirements of this chapter and the preliminary subdivision approval, together with required recording fees, within the time period as set forth in RCW 58.17.140 following the date of preliminary plat approval or the preliminary subdivision approval shall be deemed void and any development rights that have vested in the applicant shall be considered abandoned.

(2) Extension. The applicant may file a request to extend the preliminary subdivision approval for up to one year. The request must be delivered in writing to the department at least 30 days prior to expiration of the preliminary plat. The department shall forward the request to the city council within 30 days of receipt. The city council shall grant approval of the extension if it is shown that the applicant has attempted in good faith to submit the final plat within the five-year period. If the final plat has not been submitted to the city council within any extended period, the preliminary subdivision approval shall terminate in accordance with subsection (1) of this section. (Ord. 019-17 § 18 (Exh. 1)).