4-7-080 DETAILED PROCEDURES FOR SUBDIVISION:

A. PURPOSE:

The procedures regulating subdivisions, including segregations of ten (10) or more lots, are established to promote orderly and efficient division of lots, avoiding placing undue burdens on the subdivider and to comply with provisions of chapter 58.17 RCW.

B. PRINCIPLES OF ACCEPTABILITY:

A subdivision shall be consistent with the following principles of acceptability:

1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.

2. Access: Establish access to a public road for each segregated parcel.

3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes.

C. SCOPE:

Any land proposed to be divided into ten (10) or more parcels, lots, tracts, sites, or subdivision, including segregations, or any land that has been divided under the short subdivision procedures within five (5) years, or any land that is held in common ownership with a contiguous parcel divided under the short subdivision procedures within the preceding five (5) years shall conform to the procedures and requirements of this Section. For the purpose of distinguishing a short plat application from a preliminary plat application, tracts proposed to be created for the purpose of ensuring the continued protection of features or facilities located therein, with equal and undivided ownership among the lot owners, their successors and heirs, shall not contribute to the total number of subdivided units of land. (Ord. 5793, 4-25-2016)

D. PRE-APPLICATION MEETING:

An applicant may submit materials for preliminary staff review prior to submittal of the preliminary plat application. Staff shall review the materials and inform the applicant of any initial concerns and recommendations for revisions. This shall not preclude staff from making further recommendations. Required materials are as follows and shall provide the content, details and number of copies as officially declared by the Administrator:

1. Project narrative;

2. Vicinity map;

3. Site plan; and

4. Other materials that may be applicable to the subject property, as officially declared by the Administrator. (Ord. 5793, 4-25-2016)

E. NEIGHBORHOOD MEETING:

A neighborhood meeting shall be held by the applicant in accordance with RMC 4-8-090A, Neighborhood Meetings. (Ord. 5793, 4-25-2016; Ord. 5907, 12-10-2018)

F. SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLAT APPLICATION:

Application for a preliminary plat shall be made as stipulated in RMC 4-8-120. (Ord. 5793, 4-25-2016)

G. REFERRAL TO OTHER CITY DEPARTMENTS AND AGENCIES:

The Department shall distribute one copy to the Fire and Emergency Services Department; one copy to the Police Department; one copy to the Parks Department; and one copy to each of the public utility agencies serving the area in which the subdivision is to be constructed. Each department or agency may file recommendations with the Department within ten (10) working days of receipt of the preliminary plat; or in the event that a preliminary plat meeting would be called by the Department may present their recommendation at that time. (Ord. 5793, 4-25-2016)

H. TIME LIMITATION FOR APPROVAL OR DISAPPROVAL OF PLATS:

The City will review and take action on the preliminary plat application within the time limits defined in chapter 58.17 RCW. (Ord. 5793, 4-25-2016)

I. HEARING EXAMINER PUBLIC HEARING:

1. Public Hearing Required: The Hearing Examiner shall hold a public hearing on any preliminary plat and either approve, approve with conditions or deny the preliminary plat. The Hearing Examiner shall ensure conformance with the general purposes of the Comprehensive Plan and adopted standards. The Hearing Examiner’s decision shall be supported by findings of fact and conclusions of law. (Ord. 5519, 12-14-2009)

2. Public Notice Required: Public notice shall be provided in accordance with RMC 4-8-090, Public Notice Requirements. (Ord. 5676, 12-3-2012; Ord. 5793, 4-25-2016)

J. HEALTH AGENCY RECOMMENDATION:

The health agencies responsible for approval of the proposed means of sewage disposal and water supply shall file with the Department, prior to the Hearing Examiner’s consideration of the preliminary plat, written statements as to the general adequacy of the proposed means of sewage disposal and water supply. (Applicant is responsible for submitting appropriate application forms to the Seattle-King County Health Department and for paying the Health Department review fee.) (Ord. 5519, 12-14-2009; Ord. 5907, 12-10-2018)

K. PHASED SUBDIVISION:

The applicant may request a phased subdivision with the preliminary plat application provided the following is met:

1. The preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments;

2. The phasing plan shall include all land contained within the preliminary plat, including areas where off-site improvements are being made;

3. The sequence and timing of development is identified on a phasing map;

4. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for compliance with any section of this Title;

5. Each phase provides adequate circulation and utilities;

6. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase; and

7. All phases shall be recorded within the original life of the preliminary plat, unless an extension is granted pursuant to subsection L of this Section. (Ord. 5953, 11-18-2019)

L. EXPIRATION PERIOD:

1. Expiration: A preliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is recorded with the King County Recorder within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015.

2. Extension: One single-year extension may be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of the original life of the preliminary plat, provided the Administrator finds that the applicant has obtained issuance of a construction permit and has made sustained progress towards final construction, engineering, and surveying necessary to record a final plat. (Amd. Ord. 4751, 11-16-1998)

3. Additional Extension: One additional one-year extension beyond the one-year extension may be granted by the Hearing Examiner if the applicant shows need caused by unusual circumstances or situations that occurred during the prior extension period, which make it unduly burdensome to file the final plat. The applicant must file a written request with the Hearing Examiner and the Administrator for this additional extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must include documentation as to the need for the additional extension. (Ord. 5519, 12-14-2009)

4. Authority to Add or Alter Conditions: The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140(4). (Ord. 5519, 12-14-2009; Ord. 5868, 12-11-2017; Ord. 5907, 12-10-2018; Ord. 5953, 11-18-2019)

M. PLAT AMENDMENTS:

At any time after preliminary plat approval and before final plat approval, the applicant may submit an application to the Administrator that proposes an amendment to the approved or conditionally approved preliminary plat.

1. Plat Amendments: The Administrator shall have the authority to determine whether the proposed amendment qualifies as a major or minor amendment.

2. Major Plat Amendments: Major amendments to an approved or pending plat application shall require a new application. For major amendments that due to extraordinary circumstances would result in a highly unreasonable and unconscionable burden on the applicant or plat holder, if the applicant or plat holder was required to go through a new application process, the Administrator may permit the major amendment to be treated as a minor amendment. (Ord. 5676, 12-3-2012)

3. Minor Plat Amendments: Minor plat amendments may be reviewed and permitted as part of final plat approval. To be considered a minor amendment, the amendment must not:

a. Decrease the aggregate area of open space in the subdivision by ten percent (10%) or more;

b. Increase the number of lots in the subdivision beyond the number previously approved;

c. Result in a violation of development standards;

d. Relocate any roadway access point to an exterior street from the plat;

e. Propose phasing of plat development; or

f. Increase significantly any adverse impacts or undesirable effects of the plat on the community or surrounding area. (Ord. 4751, 11-16-1998; Ord. 5519, 12-14-2009; Ord. 5642, 12-12-2011)