Chapter 19A.08


19A.08.010    Scope of chapter.

19A.08.030    Transfer of land or granting of an easement to a public agency.

19A.08.040    Exemptions – Subdivision and short subdivision.

19A.08.050    Recording map and legal descriptions.

19A.08.060    Review for conformity with other codes, plans and policies.

19A.08.070    Determining and maintaining legal lot status.

19A.08.080    Removing limitations on nonbuilding lots.

19A.08.090    Lots created in violation of this title.

19A.08.100    Public street rights-of-way.

19A.08.110    Limitations within future road corridors.

19A.08.120    Public trail rights-of-way.

19A.08.130    Adequacy of access.

19A.08.140    Affidavit of correction.

19A.08.150    Vertical and horizontal survey controls.

19A.08.160    Financial guarantees.

19A.08.170    Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans.

19A.08.180    Violations and enforcement.

19A.08.190    Circumvention of zoning density prohibited.

19A.08.200    Rules.

19A.08.010 Scope of chapter.

Any division of land is subject to the provisions of this title except as stated herein. (Ord. O2010-284 § 2 (Att. A))

19A.08.030 Transfer of land or granting of an easement to a public agency.

The transfer of land or granting of an easement to a public agency for road and utility purposes shall not be considered a division of land. (Ord. O2010-284 § 2 (Att. A))

19A.08.040 Exemptions – Subdivision and short subdivision.

The subdivision and short subdivision provisions of this title shall not apply to:

(1) Divisions of lands for cemeteries and other burial plots while used for that purpose.

(2) Divisions of land into lots or tracts each one of which is 20 acres or larger.

(3) Divisions of land into lots or tracts that are one one hundred twenty-eighth of a section, or five acres or larger only for the purpose of allowing fee simple purchase or deeding of such lots or tracts to public agencies.

(4) Divisions of land made by testamentary provisions or laws of descent.

(5) Divisions of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title.

(6) An adjustment of boundary lines in accordance with the provisions of this title.

(7) Divisions of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the director.

(8) Divisions of land by binding site plan into lots or tracts classified for commercial use consistent with the binding site plan provisions of this title.

(9) A parcel that is a portion of a lot that is separated from the remainder of the lot by one of the following: a public road right-of-way; shorelines as defined in SMC 25.10.450; or another separate lot; or a tract as defined in SMC 19A.04.340, including railroad or public utility owned rights-of-way, publicly owned property, or other parcels recognized by the department pursuant to this title.

(10) A division meeting the provisions of RCW 58.17.040(8) for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

(11) A division of land meeting the provisions of RCW 58.17.040(9) into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. (Ord. O2010-284 § 2 (Att. A))

19A.08.050 Recording map and legal descriptions.

The final recording map and legal description of a plat, short plat, boundary line adjustment or binding site plan shall be prepared by a land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC, Surveys and Recording, and be recorded with the King County office of records and elections as required by this title. (Ord. O2010-284 § 2 (Att. A))

19A.08.060 Review for conformity with other codes, plans and policies.

Applications for approvals pursuant to this title shall be reviewed in accordance with the applicable procedures set forth in this title and SMC Title 20. A preliminary subdivision, short subdivision or binding site plan may be approved, approved with conditions or denied based on findings in accordance with City, special district and state rules, regulations, plans and policies including, but not limited to:

(1) Chapter 43.21C RCW (SEPA).

(2) Chapter 58.17 RCW (Subdivisions), including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

(3) Chapters 36.70A and 36.70B RCW (Growth Management and Project Review).

(4) SMC Titles 14 and 14A (Public Works and Transportation, Public Facilities).

(5) SMC Title 15 (Environment).

(6) SMC Title 16 (Buildings and Construction).

(7) SMC Title 20 (Administrative Procedures/Environmental Policy).

(8) SMC Title 21A (Development Code).

(9) SMC Title 21B (Town Center).

(10) SMC Title 23 (Code Enforcement).

(11) Applicable shoreline master program, including SMC Title 25.

(12) City of Sammamish public works standards.

(13) Administrative rules adopted pursuant to Chapter 2.55 SMC.

(14) King County board of public health rules and regulations.

(15) Applicable water/sewer district requirements.

(16) City of Sammamish comprehensive plan.

(17) City of Sammamish stormwater comprehensive plan.

(18) SMC Title 27A (Financial Guarantees).

(19) This title. (Ord. O2010-284 § 2 (Att. A))

19A.08.070 Determining and maintaining legal lot status.

(1) A property owner may request that the department determine whether a lot was legally created. The property owner shall demonstrate to the satisfaction of the department that a lot was created in compliance with applicable state and local land use statutes or codes in effect at the time the lot was created.

(2) In requesting a determination, the property owner shall submit evidence, deemed acceptable to the department, such as:

(a) Recorded subdivisions, or division of land into four lots or less;

(b) King County or City of Sammamish documents indicating approval of a short subdivision;

(c) Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g., Lot 1 and Lot 2);

(d) Tax records or other evidence, describing the lot as an individual parcel. The department shall give weight to the existence of historic tax records or tax parcels in making its determination.

(3) Once the department has determined that the lot was legally created, the department shall continue to acknowledge the lot as such, unless the property owner aggregates or merges the lot with another lot or lots in order to:

(a) Create a parcel of land that would qualify as a building site; or

(b) Implement a deed restriction or condition, a covenant or court decision.

(4) The department’s determination shall not be construed as a guarantee that the lot constitutes a building site as defined in SMC 19A.04.060. (Ord. O2010-284 § 2 (Att. A))

19A.08.080 Removing limitations on nonbuilding lots.

Limitations placed on a nonbuilding lot may be removed and the lot recognized by the City of Sammamish as a building lot by approval of a subdivision, short subdivision, binding site plan or alteration of a plat, short plat or binding site plan. (Ord. O2010-284 § 2 (Att. A))

19A.08.090 Lots created in violation of this title.

(1) All contiguous lots created in violation of this title and that are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot.

(2) A lot that has been determined to meet the requirements for innocent purchaser status by the City, including filing of a notarized affidavit of innocent purchase with the department on forms satisfactory to the director, shall be treated as follows for purposes of determining zoning compliance and for establishing eligibility for building permits and future subdivisions:

(a) A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area and lot width;

(b) Innocent purchaser lots that do not meet current zoning requirements, but that did meet zoning requirements in effect at the time that they were created, will be treated the same as legally created substandard lots as provided in the City’s development code;

(c) Innocent purchaser lots that do not meet current zoning requirements and that did not meet the zoning requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits; and

(d) A determination by the department of innocent purchaser status of a lot shall not relieve a property owner or applicant from compliance with all other codes, requirements and restrictions applicable to the lot. (Ord. O2010-284 § 2 (Att. A))

19A.08.100 Public street rights-of-way.

The City engineer shall have the authority to make determinations under this section whether dedication or deeding of right-of-way is required. Right-of-way widths shall comply with current public works standards. Dedication or deeding to the City of right-of-way or a portion thereof for public streets shall be required within or along the boundaries of all binding site plans, subdivisions and short subdivisions or of any lot or lots within them, under the following circumstances, where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development:

(1) Where the current six-year Transportation Improvement Program (TIP), or projects identified in the City’s adopted comprehensive plan transportation element will require a new right-of-way or portion thereof for street purposes; or

(2) Where necessary to extend or to complete the existing or future neighborhood street pattern, including connection to existing adjacent right-of-way stubs; or

(3) Where necessary to provide additional or new right-of-way to existing City right-of-way network; or

(4) Where necessary to comply with the City’s current public works standards; or

(5) Where necessary to provide a public transportation system that supports future development of abutting property consistent with the City of Sammamish Comprehensive Plan or Title 21A SMC; provided, that the right-of-way shall:

(a) Provide for vehicular and pedestrian circulation within and between neighborhoods; or

(b) Provide local traffic alternatives to the use of arterial streets. (Ord. O2010-284 § 2 (Att. A))

19A.08.110 Limitations within future road corridors.

In order to allow for the development of future road corridors that would complete the public circulation system or that would provide a sole source of access for an abutting property, the City may limit improvements within specific areas of a proposed binding site plan, subdivision or short subdivision. These limitations may preclude the construction of buildings, driveways, drainage facilities or other improvements within the specified areas. (Ord. O2010-284 § 2 (Att. A))

19A.08.120 Public trail rights-of-way.

In conformance with SMC 21A.30.200 (Trail corridors – Applicability), a dedication, deeding or easement to the City for public trail purposes shall be required where a binding site plan, subdivision, or short subdivision or portion thereof is located on properties that include trail corridors shown within an adopted City parks or trails plan. The trail corridor dedication, deeding, or easement shall be in an appropriate location and of sufficient width and dimension to meet the requirements of SMC 21A.30.210 (Trail corridors – Development standards) and the trails, bikeways and paths plan. (Ord. O2010-284 § 2 (Att. A))

19A.08.130 Adequacy of access.

Each lot within the subdivision, short subdivision, or binding site plan shall have acceptable access conforming to the current public works standards. In order to assure safe and adequate access, the City engineer:

(1) May limit direct access to certain streets and require on-site public streets in lieu of private streets, individual driveways or access panhandles, in accordance with the City street standards as set forth in the current public works standards;

(2) May require off-site improvements to public or private streets as necessary to provide access from the subdivision, short subdivision or binding site plan to a road acceptable to the City engineer;

(3) May require off-site mitigation of identified significant impacts to neighborhood streets; and

(4) May assure that the number of lots, units or commercial space to be served by the street system complies with the street standards as set forth in the current public works standards. (Ord. O2010-284 § 2 (Att. A))

19A.08.140 Affidavit of correction.

(1) Any map page or document recorded with the King County records and elections division, or its successor agency, under the provisions of this title that contains an error in fact or omission may be amended by an affidavit of correction. The following types of errors may be corrected by affidavit:

(a) Any courses, distances or elevations omitted from the recorded document;

(b) An error in any courses, distances or elevations shown on the recorded document;

(c) An error in the description of the real property shown on the recorded document;

(d) An error in the field location of any shown easement; or

(e) Any other error or omission where the error or omission is ascertainable from the data shown on the recorded document.

(2) Nothing in this section shall be construed to permit changes in courses, distances or elevations for the purpose of redesigning lot or tract configurations.

(3) The affidavit of correction shall contain the seal and signature of the land surveyor making the correction.

(4) The affidavit of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The notarized signatures of the owners shall be required, if deemed necessary by the department.

(5) The affidavit of correction form, as provided by the department, shall be submitted to the department for review and approval. After department approval, the affidavit shall be recorded with the King County records and elections division, or its successor agency. (Ord. O2010-284 § 2 (Att. A))

19A.08.150 Vertical and horizontal survey controls.

(1) Vertical Requirements. The vertical datum on all engineering plans, plats, binding site plans and short plats shall be the North American Vertical Datum of 19A88 (NAVD 88) and shall be tied to at least one King County survey control network benchmark. The benchmark will be shown on the plans.

(2) Horizontal Requirements. The horizontal component of all plats, binding site plans and short plats shall have the North American Datum of 19A83/91 (NAD 83/91) as its coordinate base and basis for bearings. All horizontal control for these projects shall be referenced to a minimum of two King County survey horizontal control monuments. The basis of bearing shall be shown on the plans. (Ord. O2010-284 § 2 (Att. A))

19A.08.160 Financial guarantees.

Notwithstanding any other provision of this title, the director is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of SMC Title 27A. (Ord. O2010-284 § 2 (Att. A))

19A.08.170 Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans.

The application requirements shall be set forth in an official application packet approved by the director, and shall identify all items necessary for a complete application. The determination that an application is complete shall not preclude the department from requesting additional information in order to determine compliance with applicable standards and regulations. (Ord. O2010-284 § 2 (Att. A))

19A.08.180 Violations and enforcement.

Any person or entity violating any provision of this title shall, in addition to any remedies and sanctions provided for under state law, be subject to the enforcement provisions of SMC Title 23. (Ord. O2010-284 § 2 (Att. A))

19A.08.190 Circumvention of zoning density prohibited.

A lot, which has been created through a legally recognized process and is of sufficient land area to be subdivided at the density applicable to the lot, may be further subdivided. Provided, however, further division of a lot or alteration of a tract shall only be permitted to the extent that the total number of lots contained within the external boundaries of the original short subdivision, subdivision or binding site plan does not exceed the density allowed under current zoning. (Ord. O2018-457 § 2; Ord. O2010-284 § 2 (Att. A))

19A.08.200 Rules.

The director is authorized to adopt rules to implement the provisions of this title pursuant to Chapter 2.55 SMC. (Ord. O2010-284 § 2 (Att. A))