Title 16
SUBDIVISIONS, SHORT SUBDIVISIONS AND BINDING
SITE IMPROVEMENT PLANS

Chapters:

16.04 General Provisions

16.08 Short Subdivisions

16.10 Subdivisions

16.12 Binding Site Improvement Plans

Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010 Purpose.

16.04.020 Applicability.

16.04.030 Exemptions.

16.04.035 Treatment of lots platted prior to June 9, 1937.

16.04.040 Conformance with other regulations.

16.04.050 Definitions.

16.04.060 Administration.

16.04.070 Presubmission conference.

16.04.080 Filing of applications.

16.04.090 Mailing of notices.

16.04.100 Consent to access.

16.04.110 Performance sureties.

16.04.120 Inspections.

16.04.130 Fees.

16.04.140 Violations.

16.04.150 Relief for innocent purchaser.

16.04.160 Variances.

16.04.170 Provision of public and semipublic lands.

16.04.180 General layout of lots.

16.04.190 Roads.

16.04.200 Utilities.

16.04.210 Land dedication and open space.

16.04.220 Drainage easements.

16.04.230 Short subdivisions, subdivisions and binding site improvement plans within the M-U mixed use district.

16.04.010 Purpose.

This title is adopted pursuant to authority of Chapter 58.17 RCW to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land; to lessen congestion on the streets and highways; to promote effective use of the land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to promote the proper arrangement of streets, lots, easements, pathways and other private or public ways; to provide for adequate and convenient open spaces, utilities, recreation, and access for service and emergency vehicles; to provide for adequate water, drainage, sewer and other public facilities; to promote a coordination of development as land develops; to conserve natural beauty and other natural resources; to maintain and perpetuate environmental quality; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description. (Ord. 669 § 2, 1991).

16.04.020 Applicability.

This title shall apply to all divisions of land into two or more lots or tracts, any one of which is less than one-thirty-second of a section, or less than 20 acres if the land is not capable of description as a fraction of a section of land, for the purpose of sale, lease, or transfer. It shall apply to plats, replats, subdivisions, short subdivisions and binding site improvement plans. The provisions of this chapter shall apply to all applications under any chapter of this title. (Ord. 669 § 2, 1991).

16.04.030 Exemptions.

The provisions of this title shall not apply to:

A. Cemeteries and other burial plots while used for that purpose.

B. Any division of land made by testamentary provisions or the laws of descent.

C. Any division of land within which the smallest parcel is one thirty-second of a section or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this section, the lot size shall include that area up to the centerline of any road or street bordering the lot.

D. Any deeding of land to the city; provided, however, that any remaining lot or lots which do not comply with the requirements of this code relating to zoning, access or health and safety shall not be considered as building sites by the city.

E. Any division of land for the purpose of adjustment of one or more boundary lines between adjacent lots or tracts, subject to the following provisions:

1. Adjustments to boundary lines may only be approved to consolidate existing lots, or to effect minor changes to existing property lines.

2. Adjustments to boundary lines shall not result in the creation of any new lot or tract, substandard lot or substandard yard or setback, nor increase the degree of nonconformity of any existing legal nonconforming lot.

3. Adjustments to boundary lines shall not significantly change the configuration, shape or pattern of more than four existing lots, nor require the relocation of an existing public street or the creation of a new public or private street to provide access to the lots after the adjustment of boundary lines.

4. All requirements of this section shall be narrowly and strictly construed and applied, and the responsible official shall resolve any reasonable question as to whether the proposed adjustment of boundary lines creates a new lot or a substandard lot in favor of denial of the boundary line adjustment.

5. The planning official shall prepare a written decision on all proposed adjustments of boundary lines, setting forth the basis therefor. The decision may be to approve, approve with conditions or deny.

6. The applicant shall prepare a true and correct graphic representation to a scale prescribed by the planning official. The graphic representation shall be produced in recordable form upon one or more sheets of 18-inch by 25-inch mylar or similar reproducible material, with two-inch borders. All previously existing and adjusted boundary lines shall be depicted, and all conditions of approval established by the planning official shall set forth as notes thereon. The approval of the planning official shall be indorsed upon such graphic representation prior to recording.

7. The right to appeal a decision of the planning official pursuant to this subsection is limited to those owners of record of any and all property whose boundaries are changed by the boundary line adjustment. (Ord. 897 § 1, 2002; Ord. 769 § 10, 1996; Ord. 669 § 2, 1991).

16.04.035 Treatment of lots platted prior to June 9, 1937.

A. For purposes of this section, a “pre-1937 lot” is any lot platted prior to June 9, 1937.

B. Subject to the provisions of subsection (C) of this section, any five or more contiguous pre-1937 lots in a single ownership as of the effective date of this section, any subsequent conveyance of one or more thereof notwithstanding, shall not be treated as separate legal lots for the purpose of the application of any of policy, ordinance, code or regulation of the city. Four or fewer pre-1937 lots in common ownership shall be treated as separate legal lots.

C. Any pre-1937 lot contiguous to four or more pre-1937 lots in common ownership as of the effective date of this ordinance shall be treated as a separate legal lot if, and only if, such lot contained a separate habitable residence served by municipal water and sewer, or approved septic if not required to be connected to the municipal sewer, as of the effective date of this ordinance.

D. Pre-1937 lots subject to this section which are not treated as separate lots shall require short subdivision, subdivision or binding site improvement plan pursuant to the requirements of Chapter 58.17 RCW and this title create separate lots, parcels or tracts for all purposes relating to the application of any policy, ordinance, code or regulation of the city. Pre-1937 lots may be re-subdivided only if they meet all requirements of this code in effect at the time of filing a complete application for subdivision, short subdivision or binding site improvement plan. (Ord. 897 § 2, 2002).

16.04.040 Conformance with other regulations.

A. No subdivision, short subdivision or binding site improvement plan shall be approved unless found to be in conformance with all adopted and applicable city ordinances, plans and policies, including but not limited to Chapters 19.12, 15.18, 15.20 SMC, and the provisions of any adopted subarea master plan.

B. All records of surveys in connection with any plat, short plat or binding site improvement plan shall be in conformance with Chapter 58.09 RCW. (Ord. 669 § 2, 1991).

16.04.050 Definitions.

The following definitions apply throughout this title unless, from the context, another meaning is clearly intended.

A. “Alley” means a strip of land dedicated to public use, less than 21 feet wide, between property lines, which provides access to adjacent properties.

B. “Applicant” means a person who applies for any approval under this chapter and who is an owner of the subject property or the authorized agent of the owner.

C. “Binding site improvement plan” means a drawing to the scale of one inch equals 100 feet, or a scale prescribed by the planning official, which (1) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by Chapter 16.12 SMC; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established through a discretionary review process; and (3) contains provisions requiring that development be in conformity with the site plan.

D. “Block” means a group of lots, tracts, or parcels within defined and fixed boundaries.

E. “Bond” means a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed, or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work.

F. “Buffer strip” means an area or strip of land, located to provide separation between land uses such as between residential areas and business, commercial and industrial areas. Parks, playgrounds and the sites of public buildings may serve as buffers.

G. “Dedication” means the deliberate appropriation of land by an owner for general and public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Dedication should be evidenced by filing or recording with the county auditor a document of conveyance or a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the written approval of such plat or conveyance for filing by the city.

H. “Division of land” means the separation of any parcel of land into two or more lots or tracts.

I. “Easement” means specific air, surface, or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

J. “Final plat” means the final drawing of the subdivision and dedication prepared for filing of record with the county auditor and containing the elements and requirements set forth in this title.

K. “Lot” means a fractional part of subdivided lands having fixed boundaries, and having sufficient area and dimension to meet minimum zoning requirements for width and area.

L. “Owner” means all persons, partnerships, corporations, and other entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.

M. “Planning official” means the director of community development of the city or his or her designee, or such other official as the mayor may designate.

N. “Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

O. “Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

P. “Right-of-way” means land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenant and similar components.

Q. “Short plat” means a map or representation of a short subdivision.

R. “Short subdivision” means the division of land into lots or tracts for the purpose of sale, lease, or transfer under the process described in Chapter 16.08 SMC.

S. “Site” means a lot or combination of lots improved with a single residence, structure, or similar use.

T. “Standard record of survey” means a record of survey form approved and provided by the city.

U. “Subdivision” means the division or redivision of land into lots or tracts for the purpose of sale, lease or transfer of ownership, under the process described in Chapter 16.10 SMC.

V. “Tract” means a fractional part of subdivided lands having fixed boundaries, not meeting the requirements for a lot, or created for a special use, including public spaces, storm drainage features or sensitive area protection, other than for a building lot. (Ord. 769 § 11, 1996; Ord. 669 § 2, 1991).

16.04.060 Administration.

The provisions of this title shall be administered by the planning official. (Ord. 669 § 2, 1991).

16.04.070 Presubmission conference.

Before making any application under this title, the applicant shall arrange to review the proposal informally with the planning official in a presubmission conference. The proposal shall be described in writing, and include as much of the information required for submission of an application as may be available. The conference shall take place prior to detailed work by an engineer or surveyor. The conference shall include discussion of the comprehensive plan, street plan, shoreline master plan, zoning, availability of sewer and water, development concepts, other city requirements and permits, and the environmental impact of the subdivision. The possibilities of future development on adjacent land shall also be discussed. The purpose of such a conference is to identify potential problems in order for the application to be processed without delay, and matters discussed at such conference shall not be deemed to be binding upon either party. (Ord. 669 § 2, 1991).

16.04.080 Filing of applications.

A. All applications pursuant to this title shall be delivered to the planning official, and may be accompanied by applications for other approvals which may be required as a condition of approval of a proposed division of land under this title, including but not limited to the regulations identified in SMC 16.04.040. The planning official shall note the date of receipt of the application, and shall notify the applicant within 15 days of receipt of any deficiencies found in any application under this title. If no deficiencies are found, and all applicable fees are paid, the planning official shall accept the application as fully complete and the application shall be deemed filed as of the date of submittal. If any deficiencies are found, the application shall be returned to the applicant, and shall not be accepted for filing until such deficiencies are corrected. The planning official shall note on the application the date as of which he or she deems a complete application to have been filed.

B. The applicant shall be responsible for the accuracy of all data and information submitted on or with an application. Any application found at any time to be materially inaccurate or misleading shall be returned to the applicant with a letter stating that the application must be corrected and returned to the planning official. A fee in accordance with an adopted fee schedule will be charged for this procedure.

C. All applications for a proposed division of land pursuant to this title shall be considered under the provisions of this title, and zoning and other land use control regulations of this code, in effect on the land at the time of filing of a fully complete application. (Ord. 669 § 2, 1991).

16.04.090 Mailing of notices.

When notice is required to be mailed to adjoining property owners in connection with any application under this title, a list containing the names and addresses of such adjoining property owners, together with pre-addressed envelopes with sufficient postage affixed, shall be provided to the city by the applicant for the mailing of such notices. (Ord. 669 § 2, 1991).

16.04.100 Consent to access.

The applicant shall permit free access to the land which is the subject of any application under this title to all public agencies considering the application for the period of time extending from the time of application to the time of final action. Public agencies shall notify the applicants prior to making a site inspection. (Ord. 669 § 2, 1991).

16.04.110 Performance sureties.

A. The planning official may but shall not be required to allow an assigned savings account or bond in the amount of 150 percent of the estimated cost of any improvements required as a condition of a subdivision, short subdivision or binding site improvement plan which remain to be completed at the time of the final approval, as a guarantee that the required improvements will be constructed within one year of the date of recording of the final plat. The estimated cost shall be based upon information furnished by the applicant, and approved as reasonable by the planning official. Such security shall be released upon the latter of the satisfactory completion of all required improvements and the expiration of any applicable warranty periods.

B. Sureties or other performance guarantees acceptable to the city may be required by the city council to ensure the successful operation for up to two years of any improvements required pursuant to this title.

C. The provisions of this section are not intended to limit the duration of sureties which may be required under any other chapter of this code. (Ord. 669 § 2, 1991).

16.04.120 Inspections.

Required improvements shall be inspected and approved for acceptance by the city. The cost of all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid before final approval of the short plat or plat. The city may arrange for inspections to be conducted by properly qualified consultants and may charge the applicant for the cost of such inspections. No bridge, water system, or sewer system shall be accepted unless the design and construction thereof shall have been certified by the city engineer, or a civil engineer licensed by the state and acceptable to the city, to be in accordance with all applicable state and local requirements. (Ord. 669 § 2, 1991).

16.04.130 Fees.

Applicants for permits or other approvals pursuant to this title shall pay to the city the applicable fees identified on the approved fee schedule, as the city council may from time to time adopt by resolution. No application under this title shall be deemed to be complete unless accompanied by all applicable fees. (Ord. 669 § 2, 1991).

16.04.140 Violations.

Except as provided in SMC 16.04.150, any person, firm, corporation or association, or any agent of any person, firm, corporation or association, who violates any provision of this title relating to the sale, offer for sale, lease or transfer of any lot or tract is guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of this title is a separate and distinct offense. Any other violation of this title shall be considered a misdemeanor and shall be punishable as provided by law. (Ord. 669 § 2, 1991).

16.04.150 Relief for innocent purchaser.

The city shall not issue any permit for construction on, modification to, or use of any property divided or segregated in violation of this title or state law, unless the city specifically approves a permit based on the following criteria:

A. That the applicant purchased the property as an innocent purchaser for value without actual notice that the property was divided or segregated in violation of this law;

B. That the public interest will not be adversely affected by approving the permit. In determining the public interest, the city shall use substantially the same criteria as would be used in reviewing a preliminary plat application under this title. (Ord. 669 § 2, 1991).

16.04.160 Variances.

A. An applicant for a short subdivision or subdivision may apply for a variance from any development standards set forth in this title where there exist extraordinary conditions such as topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development which result in unusual hardship or extraordinary difficulties to the owner in attempting to make use of the land. Such application shall accompany the preliminary application, shall include information necessary to support the application, and shall outline the provisions from which the variance is sought.

B. All applications for variances shall be heard by the hearing examiner. Notice of the hearing shall be mailed to all property owners within 300 feet of the affected property not less than 10 days prior to the date of the hearing. For a variance for a short subdivision, the decision of the hearing examiner shall be final unless appealed. For subdivisions, the hearing examiner’s recommendation on the variance request shall be made part of the record forwarded to the city council for action. In making recommendations for approval of variances the hearing examiner may include conditions that will further the objectives of the standards or requirements so varied.

C. The hearing examiner and the city council shall base their recommendation and decision respectively upon the finding of an unusual hardship or extraordinary difficulties if the minimum requirements of this title are strictly applied, and further find that:

1. The public welfare, use and interest is protected;

2. The granting of the variance will not confer a special privilege to the subject property that is denied other lands in the same district;

3. The development is in keeping with the intent of these regulations;

4. The variance would not have the effect of nullifying the intent and purpose of the zoning code, the comprehensive plan, or this title; and

5. The extraordinary conditions or unusual hardship do not result from the actions of the applicant. (Ord. 769 § 12, 1996; Ord. 669 § 2, 1991).

16.04.170 Provision of public and semipublic lands.

The city may require the applicant to make land available, by dedication, for school sites, parks and open space, rights-of-way, utilities infrastructure, or other similar public or semipublic uses of land if such dedication is reasonably necessary as a result of the short subdivision, subdivision or binding site improvement plan. (Ord. 669 § 2, 1991).

16.04.180 General layout of lots.

A. All lots within a short subdivision or subdivision must meet the minimum size and dimension requirements established for the property pursuant to the zoning code, or other land use regulations. For subdivisions, the minimum lot area shall be deemed to have been met if the average lot area is not less than the minimum lot area required by the zoning code. In computing the average lot area, not more than 10 percent of the total number of lots may contain area less than the prescribed minimum for the zoning district. No lots shall be permitted which contain an area less than 75 percent of the prescribed minimum for the zoning district.

B. Lots must be shaped to permit reasonable use and development of the lot.

C. The short plat or plat must be designed to allow for reasonable subdivision and use of adjoining properties. (Ord. 669 § 2, 1991).

16.04.190 Roads.

A. All lots must have direct legal access to either a right-of-way or a vehicular access easement or tract meeting the requirements of this title. The city shall determine on a case-by-case basis whether access will be by right-of-way or vehicular access easement or tract. If vehicular access within the short plat or plat will be provided by means other than rights-of-way, the short plat or plat must contain easements or tracts which will provide the legal right of access to each of the lots served. The city may require that the legal right of access be granted to other adjoining properties in order to provide a safe and efficient circulation system within the city.

B. Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served.

C. The standard width and engineering design of public and private rights-of-way shall conform with Chapter 12.16 SMC.

D. Where necessary to connect to existing roads, or to provide for future overall area circulation, roads may be required to extend to the outside boundaries of the subdivision.

E. Road grades, curves, and intersections shall provide adequate sight and stopping distances for traffic safety.

F. Subdivisions shall incorporate provisions for controlling access onto arterial roads in accordance with accepted engineering practices.

G. When proposed, privately owned and maintained road rights-of-way serving lots may be approved only when it is determined that:

1. There will be no resulting public safety hazard;

2. Such roads will be built to city road standards; and

3. The right-of-way is not required to be public, pursuant to subsection H of this section.

H. Dedication to the city of public right-of-way shall be required within or along the boundaries of the subdivision or short plat or along any lot(s) within, under the following circumstances:

1. Where the six-year improvement plan indicates the necessity of a new right-of-way or portion thereof for street purposes; or

2. Where necessary to extend or to complete the existing neighborhood street pattern.

I. If the plat contains a private road, there shall be inscribed on the face of the plat the following language:

WARNING: The City of Snoqualmie has no responsibility to build, improve, maintain or otherwise service the private roads within or providing access to property described in this plat.

(Ord. 669 § 2, 1991).

16.04.200 Utilities.

A. The applicant shall provide connections for potable water service to each lot created.

B. The applicant shall install a water system that will provide adequate fire flow and all firefighting infrastructure and appurtenances required by the fire marshal.

C. The applicant shall comply with the construction phase and permanent storm water control requirements of Chapter 15.08 SMC.

D. The applicant shall install a sanitary sewer system hookup to serve each lot.

E. Arrangements shall be made by the applicant to install utility lines for electricity and telephone service underground.

F. Utility lines, other than in rights-of-way and vehicular access easements or tracts, shall be within easements centered on property lines wherever possible. Except in unusual circumstances, easements for utilities shall be at least 10 feet in width. The city may require that utilities be extended to the perimeter of the plat or short plat adjoining other properties, and easements be granted therefor, in order to provide an efficient utility system within the city. (Ord. 669 § 2, 1991).

16.04.210 Land dedication and open space.

A. All subdivisions shall provide a minimum of 10 percent of the total gross area of the subdivision for parks, open space, green belt and buffer strips. If a requirement for a greater percentage has been established in another applicable ordinance, plan or policy, the greater requirement shall apply. At least one-half of such area shall be usable for active recreation.

B. Open space, parks, or common areas shall be efficiently located and provided with adequate access.

C. Fees in lieu of dedication of land for parks and open space may be permitted by the city council in accordance with state law. (Ord. 669 § 2, 1991).

16.04.220 Drainage easements.

Where a subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement in favor of the city, conforming substantially with the alignment of the watercourse and of an adequate width for maintenance and erosion control purposes. This requirement shall not entail any responsibility for watercourse maintenance on the part of the city. The city may require the applicant to provide for maintenance of such drainage courses. (Ord. 669 § 2, 1991).

16.04.230 Short subdivisions, subdivisions and binding site improvement plans within the M-U mixed use district.

A. The provisions of this section shall prevail over conflicting provisions in the remainder of this title with respect to short subdivisions, subdivisions and binding site improvement plans within the M-U mixed use district.

B. Short subdivisions, subdivisions and binding site improvement plans located within the M-U mixed use district shall be reviewed subsequent to or concurrently with a mixed use final plan, in accordance with Chapter 17.26 SMC.

C. The review procedures for short subdivisions, subdivisions and binding site improvement plans within the M-U mixed use district shall be in accordance with the applicable review procedures of this title to the extent they are not inconsistent with this section. The procedure for such applications may be combined with the procedures of other applicable city ordinances. Public hearings and hearing notices required by other ordinances may be consolidated, provided that the notice procedure which provides the longest notice period shall be followed.

D. The city shall ensure that the short subdivision, subdivision or binding site improvement plan within the M-U mixed use district is consistent with and implements the provisions of the mixed use final plan and Chapter 17.26 SMC. One or more findings addressing the subdivision’s consistency with and implementation of the mixed use final plan shall be made a part of the planning official’s decision on short subdivisions and the planning commission’s recommendation and city council’s decision on subdivisions.

E. The application for a short subdivision, subdivision or binding site improvement plan shall include all the information required by other applicable chapters of this title. Additionally, the application shall include the following:

1. A detailed landscape plan;

2. A detailed plan of the proposed treatment of the perimeter of the development, including materials and techniques used, such as screens, fences, and walls;

3. Specific design standard for minimum lot area, width, frontage and yard requirements, standards, building heights, and parking provisions, as applicable;

4. Proposed restrictive covenants;

5. Proposed articles of incorporation and bylaws of the lot owners association or other mechanism to assure permanence and maintenance of common open space and recreational facilities;

6. A detailed description of architectural design standards to be applied to the project;

7. A description of how the proposal meets applicable policies of the Snoqualmie vicinity comprehensive plan and the approved mixed use final plan. (Ord. 669 § 2, 1991).

Chapter 16.08
SHORT SUBDIVISIONS

Sections:

16.08.010 Applicability.

16.08.020 Preliminary short subdivision application.

16.08.030 Notice of application.

16.08.040 Review period.

16.08.050 Planning official decision.

16.08.060 Preliminary approval of short subdivision.

16.08.070 Approval and recording of final short plat.

16.08.080 Recording.

16.08.090 Repealed.

16.08.010 Applicability.

Every division of contiguous land into four or fewer lots, any one of which is less than one-thirty-second of a section, or less than 20 acres if the land is not capable of description as a fraction of a section of land, for the purpose of sale, lease or transfer, may proceed in compliance with this chapter, unless the applicant elects to proceed in compliance with Chapter 16.10 SMC, subject to the following:

A. Parcels of land in the same ownership having contiguous boundaries shall be considered a single parcel for the purpose of this title.

B. Any number of short subdivisions of parcels of land in the same ownership having contiguous boundaries may be permitted; provided, that no more than eight lots are created within the contiguous ownership.

C. All lots created by short subdivision shall comply with the zoning, health, drainage, access and procedural requirements established by this chapter.

D. Land within a short subdivision shall not be further divided in any manner within a period of five years after recording of the short plat without the filing of a final plat; provided, this section shall not prevent the owner who filed a short plat containing fewer than four lots from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 669 § 2, 1991).

16.08.020 Preliminary short subdivision application.

A. Preliminary short subdivision approval consists of conceptual approval and establishment of the conditions of final short subdivision and final short plat approval by the planning official.

B. The applicant shall submit a completed preliminary short subdivision application, on a form prescribed by the planning official, together with an environmental checklist. The application shall contain the following information:

1. The name and address of the applicant and each person having an ownership interest in the property;

2. Street address of the property to be short subdivided, or if this is not available, a description of the location;

3. The legal description of the property;

4. The name of the proposed short subdivision, if any;

5. The proposed source of water supply;

6. The proposed sewerage system, including location and distance to nearest public sewer, if within 150 feet of the property boundary;

7. Proposed use of the lots to be created;

8. Area zoning;

9. A description of any other contiguous parcel having the same ownership; and

10. Such other information as the planning official may require to fully evaluate the proposal.

C. The application shall be accompanied by a drawing of the parcel to be short subdivided to a scale prescribed by the planning official showing the following:

1. Adjoining property lines and buildings on or within 150 feet of the parcel;

2. The dimensions of the parcel to be short subdivided;

3. The dimensions of all proposed lots and tracts;

4. Distances from proposed lot lines to existing structures;

5. All existing and proposed rights-of-way and easements; and

6. Significant natural features, including contour elevations, the limits of sensitive areas, as defined in Chapter 19.12 SMC, and significant trees, as defined in Chapter 15.20 SMC. (Ord. 669 § 2, 1991).

16.08.030 Notice of application.

A. Upon the filing of an application which would result in four or fewer lots being created, the city shall prepare and send notices of the proposed short subdivision to the owners of property within 300 feet of any boundary of the subject property.

B. Upon the filing of applications which would result in five to eight lots being created upon contiguous ownership, the city shall prepare and send notices of the proposed short subdivision to:

1. The owners of property within 500 feet of any boundary of the subject property;

2. Any city located within 500 feet of the boundary of the subject property;

3. The Washington State Department of Transportation if any part of any short subdivision within the contiguous ownership adjoins a state right-of-way;

4. Any other person or agency deemed appropriate by the planning official.

C. Such notices shall be mailed within 20 days after the filing of a complete application, and shall contain:

1. The name of the applicant and the proposed short plat;

2. The street address of the property to be short subdivided, or if this is not available, a description of the location;

3. A description of the proposal, including the number of lots proposed, typical lot size, and the proposed use;

4. A statement of the right of any person to submit written testimony to the planning official regarding the matter, and the deadline for submitting such testimony; and

5. A statement that only a person who submits written testimony to the planning official may appeal the planning official’s decision. (Ord. 669 § 2, 1991).

16.08.040 Review period.

A. Any person or agency shall have 15 days from the latter of (1) the date notification is mailed, or (2) the date of publication of notice, if published, in which to respond, or the planning official shall conclude that the reviewing agency or person has no interest in the application.

B. The application for short subdivision shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days of the date of filing of a complete application, or within 90 days after the issuance of a final environmental impact statement, if required, whichever is later, unless the applicant consents to an extension of such time period. (Ord. 669 § 2, 1991).

16.08.050 Planning official decision.

A. The planning official shall issue a written decision either:

1. Approving the short subdivision, with or without conditions;

2. Modifying and approving the short subdivision; or

3. Denying the short subdivision.

B. The planning official may approve the short subdivision only if he or she finds that:

1. It is consistent with the comprehensive plan and zoning code;

2. It is consistent with the applicable design standards;

3. Appropriate provisions are made for the public health, safety and welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and sidewalks and safe walking conditions for students who walk to and from school; and

4. It will serve the public use and interest.

C. The planning official’s decision shall be prepared in writing and shall include:

1. A statement approving with or without conditions, modifying and approving, or denying the application;

2. Findings and conclusions pursuant to subsection (B) of this section;

3. Any conditions, restrictions, and modifications that are determined to be necessary to eliminate or minimize any undesirable effects or impacts that would result from granting the proposed short subdivision; and

4. A summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the planning official.

D. Within two working days after the planning official’s written decision is issued the planning official shall distribute a copy of the decision to the applicant and to each person who requested such notification during the review process period. (Ord. 769 § 13, 1996; Ord. 669 § 2, 1991).

16.08.060 Preliminary approval of short subdivision.

A. Preliminary short subdivision approvals are valid for 12 months. During that period the conditions of approval, if any, must be fulfilled and the short plat filed for record. Upon application within that time period and upon good cause shown, the planning official may grant an extension of one additional 12-month time period.

B. If the conditions attached to the short subdivision approval are not fulfilled and the short plat not filed for record within the required period, preliminary approval of the short subdivision shall be null and void.

C. Approved short subdivisions shall become effective upon filing for record. (Ord. 669 § 2, 1991).

16.08.070 Approval and recording of final short plat.

A. A final short plat shall be prepared by the applicant in compliance with subsections B and C of this section. The final short plat shall be a recorded survey. The survey shall reference at least two existing or newly set off-site intervisible monuments. At least one monument shall be within 150 feet of the boundary of the property. If a new monument is set, it should be located whenever possible at the intersection of a lot line or boundary extension with the center line of a public right-of-way. All lot corners shall be staked correctly on the ground.

B. The final short plat shall be made upon one or more sheets of 18-inch by 25-inch mylar or similar reproducible material, with two inch borders. All lettering and drawing shall be in a permanent black ink, including any signatures, which shall be originals. Each sheet shall contain the short subdivision number assigned by the city, the name of the short subdivision and the number of the sheet and total number of sheets in the set. The final short plat shall contain the following information:

1. A vicinity sketch of the area where the short subdivision is located;

2. A legal description of the land contained within the short subdivision;

3. An engineering scale and north arrow;

4. All section, township and city boundary lines lying within or adjacent to the short subdivision;

5. The location of all monuments or other evidence used to establish the short subdivision’s boundaries;

6. The location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the short subdivision;

7. The boundary of the short subdivision with complete bearings and lineal dimensions, depicted with heavier lines than appear elsewhere on the short plat;

8. All lots, tracts and parcels, with identification by letter or number and the total area thereof;

9. The location, width, center line and name of all public or private roads, whether existing or to be created, within and adjoining the short subdivision;

10. The location and width of all easements, whether existing or to be created, shown with broken lines, and a description of the purpose thereof;

11. The length and bearings of all straight lines, and the radii, acres and semitangents of all curves;

12. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;

13. The location of legal access from the nearest public road to the entire parcel being short subdivided; and

14. All bodies of water, streams, wetlands and floodplains.

C. The final short plat shall contain the following certifications, in a form acceptable to the planning official, all acknowledged before a notary public:

1. A certification by all of the owners in fee simple and any other person or entity having any interest in the property that the creation of the short subdivision is by their free will and consent;

2. Certifications of all public and private dedications;

3. A certification by a licensed land surveyor pursuant to RCW 58.09.080, and other certificates and information required by Chapter 58.09 RCW;

4. A certification by the planning official that the short subdivision has been approved, that all conditions of approval have been fulfilled or provided for and that the final short plat is approved for recording;

5. A certification by the city engineer that all required public improvements have been constructed, or that adequate provision has been made therefor, and constructed public improvements have been inspected and approved;

6. A certification of approval by the mayor, attested by the city clerk;

7. A certification by the city clerk that all property taxes to date have been paid; and

8. A certification of filing by the county auditor.

D. Applications for approval of the final short plat shall be made upon a form prescribed by the planning official, and shall be accompanied by a final short plat, a current title company certification of the information specified in subsection E of this section, and the appropriate fee. If the final short plat is not sufficient as to form or content, the planning official shall return it to the applicant for the correction of deficiencies.

E. The title insurance certificate shall certify the following information:

1. The legal description of the parcel being short subdivided;

2. The names of all persons or legal entities having an ownership interest in the property;

3. All divisions or tax segregations of the property within the preceding five-year period;

4. Confirmation that the persons or legal entities signing any dedications are the owners of the land signing the certificate therefor;

5. Any easements or restrictions affecting the property, with a description of the purpose and referenced by auditor’s file number or recording number.

F. Within 30 days of receipt of an application for final short subdivision approval, the planning official shall either approve the final short plat and forward it to the county department of records and elections for recording, or return it to the applicant with a written statement of the reasons for disapproval. (Ord. 669 § 2, 1991).

16.08.080 Recording.

The final short plat shall be recorded with the county department of records and election, and a copy of the documents stamped with a recording number shall be sent to the county department of assessments for assessment purposes. No administrative approval of a short subdivision shall be deemed final until a final short plat has been recorded. (Ord. 669 § 2, 1991).

16.08.090 Appeals.

Repealed by Ord. 769. (Ord. 669 § 2, 1991).

Code reviser’s note: See SMC Title 14, Development Review, Chapter 2.12 SMC, Planning Commission, and Chapter 2.14 SMC, Hearing Examiner.

Chapter 16.10
SUBDIVISIONS

Sections:

16.10.010 Applicability.

16.10.020 Preliminary subdivision application.

16.10.030 Environmental assessment and impact statements.

16.10.040 Hearing examiner hearing.

16.10.050 Hearing examiner recommendation.

16.10.060 City council hearing.

16.10.070 City council decision.

16.10.080 Time limits on action.

16.10.090 Notification of action.

16.10.100 Duration of approval.

16.10.110 Alterations.

16.10.120 Submission and approval of final plat.

16.10.130 Recording.

16.10.140 Effect of approval.

16.10.010 Applicability.

Every division of contiguous land into any number of lots, any one of which is less than one-thirty-second of a section, or less than 20 acres if the land is not capable of description as a fraction of a section of land, for the purpose of sale, lease or transfer shall proceed in compliance with this chapter, unless the applicant is authorized and elects to proceed under Chapter 16.08 SMC. (Ord. 669 § 2, 1991).

16.10.020 Preliminary subdivision application.

A. Preliminary subdivision approval consists of conceptual approval and establishment of the conditions of final subdivision and final plat approval by the city council.

B. The applicant shall submit a completed preliminary subdivision application on a form prescribed by the planning official, together with an environmental checklist. The application shall include the following information:

1. A site plan certified by a licensed land surveyor pursuant to Chapter 58.09 RCW which includes one or more drawings at a scale of not less than one inch equaling 100 feet or to a scale prescribed by the planning official showing the following:

a. The proposed name of the plat,

b. A vicinity map showing the location of the site and its relationship to surrounding areas, including current land use, and zoning of both the site and surrounding areas,

c. The scale of the plat, date and north arrow,

d. The existing site conditions, including contours at five-foot intervals, water bodies, the limits of all sensitive areas, as defined in Chapter 19.12 SMC, including streams, wetlands, steep slopes and seismic hazard areas, unique natural features, and forest cover,

e. Location by section, township, range, and/or other legal description,

f. Approximate lot dimensions and lot numbers,

g. Depiction of proposed phases, if any,

h. The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites and similar public or semipublic uses,

i. The existing and proposed circulation system of roads and alleys, including general location of off-street parking areas, and points of access to public rights-of-way,

j. Notations of proposed ownership, private or public, where appropriate,

k. Road right-of-way widths and typical cross section of such,

l. The location of existing and proposed pedestrian circulation system, including bicycle lanes and trails,

m. The location of existing and proposed water, sewer, power, and drainage systems on, under, or over the property showing size and location,

n. The location of existing and proposed fire hydrants,

o. The location and extent of the 100-year floodplain, as it affects the property,

p. The general location of all existing structures to remain on the property after platting,

q. The location of all easements of record,

r. Encroachments, if any, disclosed by survey, and

s. Existing zoning, and proposed changes in zoning, if the applicant will be proposing a zone change concurrent with the subdivision application;

2. Information in a form as required by the planning official disclosing:

a. The name, address, and telephone number of each owner of the property being subdivided and of the official representative of the subdivision, if different,

b. A legal description of the subject property,

c. The names and addresses of adjacent property owners within 300 feet of the subdivision boundary or within 300 feet of the outside boundary of the applicant’s adjoining land, whichever is greater,

d. A description of the total acreage in the subdivision, number of lots proposed, lot sizes (maximum, average, and minimum), and the overall density for the proposed plat,

e. The number of lots per gross acre,

f. The acreage allocated to lots, roads and open space, and percent of the total acreage for each,

g. A description of source of water supply and proposed connection to sanitary sewer,

h. A description of anticipated phasing of the proposal, if any, and the anticipated project completion date,

i. A plat certificate issued within 30 days of the filing of the application from a title company authorized to do business within the state, and

j. The signature of the applicant or agent authorized to act on behalf of the applicant.

C. The preliminary subdivision application shall be accompanied by five copies of the preliminary plat map folded to a maximum size of 18 inches by 24 inches, together with other required materials; provided, the applicant shall provide such additional copies as the planning official may require for efficient administration of this title.

D. The application shall be scheduled for public hearing before the hearing examiner after reviews have been completed by appropriate city departments and other agencies. (Ord. 769 § 15, 1996; Ord. 669 § 2, 1991).

16.10.030 Environmental assessment and impact statements.

Each preliminary subdivision application submitted to the planning official shall be accompanied by an environmental checklist in accordance with Chapter 19.04 SMC. If it is determined that an environmental impact statement is required to be completed, time limitations for processing the application shall be tolled and no public hearing on the subdivision shall be held until the final environmental impact statement has been completed; provided, the public hearing on the subdivision may be combined with the hearing on draft environmental impact statement. (Ord. 669 § 2, 1991).

16.10.040 Hearing examiner hearing.

A. Upon receipt of a preliminary subdivision application and all required data, and after issuance of any required draft environmental impact statement, the planning official shall set a date for public hearing before the hearing examiner. Notice of the date, time, and place of the public hearing, and a description of the location of the proposed subdivision in the form of a vicinity sketch or a description in nonlegal language, and including a statement that the application and all supporting materials are available for public inspection at the planning department shall be given by mail not less than 10 days prior to the date of the hearing as follows:

1. To all of the owners of land within 300 feet of the exterior boundary of the proposed subdivision. If the applicant owns adjoining land, the distance of notification shall be measured from the outside of the applicant’s ownership. Names and addresses for such property owners shall be as shown on the latest records of the county assessor, and shall be supplied to the planning official by the applicant pursuant to SMC 16.04.090. Failure of any person to receive the notice shall not invalidate the hearing or decision;

2. To any town, city or county whose boundaries are adjacent to or within one mile of the proposed subdivision;

3. To the State Department of Transportation of every proposed subdivision located within 300 feet of the right-of-way of a state highway; and

4. To the State Department of Ecology, if the land is situated in a floodplain, and to any other federal, state or local agency as may be relevant to determine if the public use and interest may be served by the proposed subdivision.

B. Notice of such hearing shall also be given by publication at least once in a newspaper of general circulation within the city.

C. The planning official shall make a written staff report for the hearing examiner, summarizing all pertinent information and containing staff recommendations regarding all matters specified in SMC 16.10.050(A) and (B).

D. At the public hearing, the hearing examiner shall accept testimony from all interested persons or agencies regarding the proposed subdivision. A tape recorded or stenographic record of the public hearing shall be kept by the hearing examiner and made available for public inspection. (Ord. 769 § 16, 1996; Ord. 669 § 2, 1991).

16.10.050 Hearing examiner recommendation.

A. The hearing examiner shall determine if appropriate provisions are made for the public health, safety and welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and sidewalks and safe walking conditions for students who walk to and from school, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. Such determinations shall be reduced to written findings.

B. If the hearing examiner finds that the proposal complies with the provisions of this title, and other applicable city codes, regulations, plans and policies, it shall recommend approval to the city council with or without conditions. If it finds that the proposal does not comply with such provisions, the hearing examiner may recommend denial of the proposal, or recommend approval subject to modifications necessary for the proposal to comply.

C. The hearing examiner shall forward a written recommendation, including findings and conclusions pursuant to subsections (A) and (B) of this section, to the city council within 14 days of the hearing. (Ord. 769 § 17, 1996; Ord. 669 § 2, 1991).

16.10.060 City council hearing.

A. After receipt of the hearing examiner recommendation, the city council shall at a public meeting review the proposal, the findings and recommendation of the hearing examiner and the accompanying record at a closed record hearing as defined in SMC Title 14.

B. The city council, after reviewing the proposal, may approve with or without conditions, modify, or disapprove the proposed subdivision. (Ord. 769 § 18, 1996; Ord. 669 § 2, 1991).

16.10.070 City council decision.

When the city council has fully considered the proposed subdivision, it shall adopt written findings and conclusions in support of its decision, including all matters specified in SMC 16.10.050(A) and (B); provided, the city council may adopt by reference some or all of the findings and recommendations of the hearing examiner. (Ord. 769 § 19, 1996; Ord. 669 § 2, 1991).

16.10.080 Time limits on action.

When the planning official has received a complete application, the preliminary plat of any proposed subdivision and dedication shall be approved with or without conditions, disapproved or returned to the applicant for modification or correction within 90 days; provided, that if an environmental impact statement is required, or if a determination of nonsignificance or mitigated determination of nonsignificance is appealed, or the issuance of a shoreline substantial development permit is appealed, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement or the pendency of any appeal. (Ord. 669 § 2, 1991).

16.10.090 Notification of action.

Upon disapproval or modification of the preliminary plat by the city council, the planning official shall so notify the applicant by mail within 10 days of the action. The action of the city council shall be noted on two copies of the preliminary plat, including reference to any attached documents describing conditions imposed by the city council. The planning official shall return one copy to the applicant and retain one copy for the permanent file. (Ord. 669 § 2, 1991).

16.10.100 Duration of approval.

A. Approval of the preliminary plat shall be effective for three years from the date of approval by the city council, during which time a final plat must be prepared and submitted with a final subdivision application; provided, the terms and conditions upon which the preliminary approval was given will not be changed without the applicant’s consent.

B. An applicant who files a written request with the planning official at least 30 days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period.

C. If a final plat has not been filed prior to the expiration of the one-year extension, an applicant may file a written request for, and the planning official may grant, up to two additional one-year extensions of the approval period; provided, that if the planning official determines that the preliminary plat does not continue to serve the public use and interest or comply with existing zoning or other applicable laws or plans, he or she shall schedule such extension request for a public hearing before the city council, upon notice as required in SMC 16.10.060.

D. Knowledge of this expiration date and initiation of a request for extension is the responsibility of the applicant. The city shall not provide notification of expirations of preliminary plat approvals. (Ord. 669 § 2, 1991).

16.10.110 Alterations.

Once the preliminary subdivision and plat have been approved, they shall not be altered unless such alterations are approved by the planning official. Substantial alterations shall not be approved by the planning official and shall require resubmittal of the preliminary plat in compliance with the procedural regulations of this chapter. (Ord. 669 § 2, 1991).

16.10.120 Submission and approval of final plat.

A. A final plat, or phased portion thereof, shall be prepared by the applicant within three years after approval of the preliminary plat, or within any approved extension period in accordance with the requirements of this section, and submitted to the planning official with an application for final plat approval, together with accompanying data as required by the planning official, including but not limited to:

1. An updated plat certificate;

2. Computer generated calculations showing closure of all created lots and tracts;

3. Evidence that all required sureties have been approved and are in effect; and

4. Evidence that any required covenants, conditions and restrictions applicable to the subdivision have been duly executed and recorded.

B. The application for final plat approval shall comply with all of the requirements of SMC 16.08.070(B) through (E) for approval of final short plats.

C. Upon receipt of the final plat and accompanying data specified in subsection A of this section, the planning official shall review the final map and documents to determine whether the plat conforms with the approved preliminary plat, and complies with provisions of this title and other applicable laws. City staff may enter the property to verify the information on the map.

D. The planning official shall affix his or her signature to the plat upon determination that the final plat conforms fully with all applicable regulations and standards.

E. After being approved by the planning official, the final plat shall be presented to the city council. Upon finding that the final plat has been submitted in accordance with the provisions of this title, and all other applicable laws, and that all required improvements have been completed or that arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that the interests of the city are fully protected, the city council, by majority vote, shall by motion approve the final plat. The mayor shall sign the final plat, accepting such dedications and easements as may be included thereon, and the final plat shall be returned to the applicant for filing.

F. Final plats shall be approved, disapproved or returned to the applicant within 30 days from the date of filing with the planning official, unless the applicant consents to an extension of such time period. (Ord. 669 § 2, 1991).

16.10.130 Recording.

The original of the final plat shall be filed for record with the county department of records and elections within 30 days of approval. The applicant shall furnish one reproducible copy of stable base material, bearing the county’s recording number, to the planning official. (Ord. 669 § 2, 1991).

16.10.140 Effect of approval.

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), sewage disposal and water supply requirements, and public works department requirements, for a period of five years after final plat approval, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety. (Ord. 669 § 2, 1991).

Chapter 16.12
BINDING SITE IMPROVEMENT PLANS

Sections:

16.12.010 Applicability.

16.12.020 Application.

16.12.030 Planning official decision on binding site improvement plans of four or fewer lots or tracts or residential condominium units.

16.12.035 Binding site improvement plans creating more than four lots, parcels or residential condominium units.

16.12.040 Final binding site improvement plan.

16.12.050 Recording.

16.12.060 Building permits.

16.12.070 Amendment.

16.12.080 Repealed.

16.12.010 Applicability.

The following proposed divisions of land shall be governed by the provisions of this chapter:

A. A division of land for the purpose of lease or sale of lots or tracts for industrial or commercial purposes upon which more than one principal building is to be constructed upon one lot of record; and

B. A division of land which is to be developed for residential condominiums pursuant to Chapter 64.32 RCW. (Ord. 669 § 2, 1991).

16.12.020 Application.

A. Application for approval of a binding site improvement plan shall be made upon forms prescribed by the planning official.

B. The application shall be accompanied by an environmental checklist and 10 copies of a conceptual site plan prepared by a licensed land surveyor.

C. The conceptual site plan shall be upon one or more sheets 18 inches by 25 inches, with each sheet bearing the sheet number and total number of sheets, to a scale specified by the planning official, and shall include the following information:

1. A vicinity sketch of the area where the parcel is located;

2. A legal description of the parcel;

3. An engineering scale and north arrow;

4. All section, township and city boundary lines lying within or adjacent to the parcel;

5. The location of all monuments or other evidence used to establish the parcel’s boundaries;

6. The location of all permanent control monuments found and established at the controlling corners of the parcel;

7. The boundary of the parcel with complete bearings and lineal dimensions, depicted with heavier lines than appear elsewhere on the short plat;

8. The location, width, center line and name of all public or private roads, whether existing or to be created, within and adjoining the site;

9. The location and width of all easements, whether existing or to be created, shown with broken lines, and a description of the purpose thereof;

10. The length and bearings of all straight lines, and the radii, acres and semitangents of all curves;

11. The location of legal access from the nearest public road to the site;

12. All bodies of water, streams, wetlands and floodplains;

13. The location and dimensions of all existing and proposed drainage facilities;

14. The location and dimensions of all existing and proposed open spaces, parks or recreation areas;

15. Topography to five foot contours;

16. An approximation of the lots, tracts and parcels to be created for purpose of lease, with inscriptions setting forth limitations and conditions for the use of each such lot, tract or parcel; provided, this depiction shall be used for general conceptual purposes, and the boundaries of subsequent segregations may vary from such depiction when generally consistent with the intent of the conceptual plan; and

17. A notation that all development must be in conformity with the site plan.

D. Additional documents shall be submitted as necessary for review and approval, including a plat certificate, boundary survey, agreements, easements and covenants. (Ord. 669 § 2, 1991).

16.12.030 Planning official decision on binding site improvement plans of four or fewer lots or tracts or residential condominium units.

A. The procedure for notice, planning official review and approval of binding site improvement plans for proposals to create four or fewer lots, parcels or residential condominium units shall be as set forth in Chapter 16.08 SMC.

B. The planning official shall preliminarily approve the application and conceptual site plan with or without conditions, deny or return the application to the applicant, based upon the following findings:

1. The conformance of the proposed site plan with all city codes, ordinances, plans and regulations; and

2. The adequacy of water supply, sanitary sewage disposal, storm water and surface water management facilities, fire hydrants and fire flow, internal access to all proposed uses within the site, open spaces and parking facilities, and pertinent expertise or jurisdiction.

C. Such preliminary approval of the application and conceptual site plan shall be valid for a period of three years. During that period a final binding site improvement plan shall be approved and filed for record. Upon good cause shown, the planning official may allow an extension of one additional 12-month period. (Ord. 769 § 20, 1996; Ord. 669 § 2, 1991).

16.12.035 Binding site improvement plans creating more than four lots, parcels or residential condominium units.

A. The procedure for notice, planning official review, hearing examiner review and recommendation and city council decision on binding site improvement plans for proposals to create more than four lots, parcels or residential condominium units shall be as set forth in Chapter 16.10 SMC.

B. The hearing examiner shall make a recommendation to approve the application and conceptual site plan with or without conditions, deny or return the application to the applicant, based upon the following findings:

1. The conformance of the proposed site plan with all city codes, ordinances, plans and regulations; and

2. The adequacy of water supply, sanitary sewage disposal, storm water and surface water management facilities, fire hydrants and fire flow, internal access to all proposed uses within the site, open spaces and parking facilities, and pertinent expertise or jurisdiction.

C. The city council shall consider the hearing examiner recommendation at a closed record hearing, and make its written findings and decision as provided in Chapter 16.10 SMC.

D. Such preliminary approval of the application and conceptual site plan shall be valid for a period of three years. During that period a final binding site improvement plan shall be approved and filed for record. Upon good cause shown, the planning official may allow an extension of one additional 12-month period. (Ord. 769 § 21, 1996).

16.12.040 Final binding site improvement plan.

A. The applicant shall revise the approved conceptual site plan to reflect all required improvements and conditions, and shall include all additional inscriptions, certifications and declarations of public dedications, easements, conditions and limitations for the use of the land, as required by the planning official. The final binding site improvement plan shall be submitted to the planning official as one or more sheets of 18-inch by 25-inch mylar or similar reproducible material, with two-inch borders, with 10 paper copies. All lettering and drawing shall be in a permanent black ink, including any signatures, which shall be originals.

B. The final binding site improvement plan shall be certified for filing by the planning official as to its accuracy, completeness and compliance with the conditions of approval.

C. The final binding site improvement plan shall bear the certificate of the city engineer that the proposed public improvements are in accordance with requirements of applicable city codes. (Ord. 669 § 2, 1991).

16.12.050 Recording.

The final binding site improvement plan shall be recorded with the county department of records and elections within 30 days of approval. Upon recording, the site plan shall be binding on the owner and the owner’s heirs, successors and assigns. (Ord. 669 § 2, 1991).

16.12.060 Building permits.

Prior to the issuance of any building permit for construction upon land subject to an approved final binding site improvement plan:

A. That portion of the land for which the building permit is sought must be legally described and receive a certificate of segregation from the planning official. Such certificate shall certify that the segregation and proposed construction is in compliance with the approved binding site improvement plan; and

B. All public improvements required to adequately service that portion of the property for which the building permit will be issued shall be constructed or provided for pursuant to SMC 16.04.110. (Ord. 669 § 2, 1991).

16.12.070 Amendment.

Amendment of a recorded binding site improvement plan shall be accomplished by following the same process as required for a new application, as set forth in this chapter. (Ord. 669 § 2, 1991).

16.12.080 Appeal.

Repealed by Ord. 769. (Ord. 669 § 2, 1991).

Code reviser’s note: See SMC Title 14, Development Review, Chapter 2.12 SMC, Planning Commission, and Chapter 2.14 SMC, Hearing Examiner.