This chapter shall apply to all applications set forth in this Title and specified herein.
(Ord. 1585 § 119, 2013)
The purpose of this chapter is to identify all additional miscellaneous provisions applicable to applications set forth in this chapter.
(Ord. 1585 § 120, 2013)
The following application materials and other materials as may be required by DMMC § 17.40.060, Application materials – Public notice, 17.40.070, Application materials – Additional information for binding site plans, and 17.40.080, Application materials – Additional information for subdivision vacations and alterations, shall be submitted for any proposed short subdivision, preliminary subdivision, binding site plan, plat alteration, or plat vacation. For the purposes of this section, the term "subdivision" also includes "short subdivision," "preliminary subdivision," "binding site plan," "plat alteration," and "plat vacation."
(1) 
Three blue line paper drawings of the subdivision drawn on one or more standard 18-inch-by-24-inch sheets at a scale between 1 inch equals 20 feet and 1 inch equals 50 feet in 10-foot increments, and one paper copy of each sheet reduced to 8 1/2 inches by 11 inches containing the following information:
(a) 
Proposed name of the subdivision, if applicable;
(b) 
Legal description;
(c) 
Name, address, and phone number of the owner and agent, if any;
(d) 
Scale, date, and north arrow;
(e) 
Existing topography of the subdivision indicated by contours at two-foot intervals. If the proposed subdivision has slopes that exceed 15 percent, 5-foot contour intervals may be used in those areas;
(f) 
Location and extent of significant natural features, such as streams, wetlands, the size and species of all significant trees, and any bodies of water on and adjacent to the property;
(g) 
An indication of which trees are proposed to be retained;
(h) 
Present zoning classification of the subject property and adjacent properties;
(i) 
The lot lines and owners of adjacent properties for a distance of not less than 100 feet from the external boundaries of the subject property;
(j) 
Exact location, dimension, and number or name of all rights-of-way, tracts, easements, driveways, parks or other public spaces, structures, lots, blocks, etc., shown in reference to and in scale with the proposed subdivision;
(k) 
Existing and proposed water, sewer, power, communication, and drainage systems on, under, or over the property showing size, grades, and location;
(l) 
Layout, name, and dimensions of proposed rights-of-way, tracts, and easements;
(m) 
Layout, number, dimensions, and square footage of proposed lots and tracts;
(n) 
Tracts of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision, including the dimensions and square footage of such tracts;
(o) 
A notation which shows the dimensioned setback of all existing structures, including those on adjoining properties, relative to existing property lines and to proposed lot lines, if such structures are proposed to remain and are within 30 feet of existing or any proposed lot lines;
(p) 
Tax lot numbers as assigned by the county auditor;
(q) 
Additional copies of the subdivision drawings shall be provided as required by the planning official to distribute to other agencies and the City Council.
(2) 
Copies of existing and proposed easements, deed restrictions, or other encumbrances restricting the use of the subject property.
(3) 
A vicinity map at a scale of one inch equals 400 feet or larger showing the proposed subdivision's relation to the area for a distance of at least 300 feet on which the subject property is outlined with a bold or colored line.
(4) 
A current title company certificate for the subject property that has been issued no more than 30 calendar days prior to submitting the subdivision application. The certificate shall include the name of all persons holding any ownership interest in the property.
(5) 
Any additional information required by the planning official, including, but not limited to, dedications or conditions of development required by this Title.
(6) 
A boundary survey certified by a registered land surveyor that references either the Washington coordinate system (north zone), the King County coordinate system, or a properly determined subdivision corner. Exterior boundary corners shall be set using appropriate permanent materials in the ground.
(7) 
Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation.
(8) 
The application fee as established by the City Manager or the City Manager's designee.
(9) 
All information required under the State Environmental Policy Act (chapter 43.21C RCW, as presently constituted or as may be subsequently amended), the SEPA administrative guidelines (chapter 197-11 WAC, as presently constituted or as may be subsequently amended), and local ordinances adopted to implement such Act and guidelines.
(Ord. 1585 § 122, 2013)
Applications for short subdivisions, preliminary subdivisions, binding site plans, plat alterations, and plat vacations shall include the following public notice information:
(1) 
Address labels obtained from the county containing the names and addresses of property owners as specified in chapter 16.05 DMMC. Such address labels shall be no more than six months old.
(2) 
Address labels marked "resident" or "tenant" for all property adjacent to and across the street from the property within the proposed subdivision. These labels may be prepared by the applicant.
(3) 
A copy of the county assessor's map identifying the properties specified in subsections (1) and (2) of this section.
(Ord. 1585 § 123, 2013)
A general development plan for the proposal indicating:
(1) 
The types of buildings and site locations; and
(2) 
The locations of off-street parking areas with dimensions; and
(3) 
The locations of pedestrian walks and malls, both public and private; and
(4) 
A circulation plan indicating the proposed movement of vehicles and pedestrians within the development, and to and from adjacent public thoroughfares; and
(5) 
The stages to be built in progression, if any.
(Ord. 1585 § 124, 2013)
(1) 
The area to be altered or vacated using words and illustrations which are depicted on a plat map.
(2) 
For a subdivision alteration, the applicant shall submit the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
(3) 
For a subdivision vacation, the applicant shall submit the reasons for vacation and the signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
(Ord. 1585 § 125, 2013)
When filing a final short plat, final plat, final plat alteration or final plat vacation, the application shall include the items required by this section. For purposes of this section and DMMC § 17.40.100, the term "plat" includes "short plat," "final plat," "final plat alteration," and "final plat vacation."
A plat drawn on a standard 18-inch-by-24-inch mylar in a format specified by the City. The scale of the plat shall be at 1 inch equals 50 feet unless otherwise approved by the Planning, Building and Public Works Director so that all distances, bearings, and other data are clearly shown. The plat shall show the following information:
(1) 
Name of the plat;
(2) 
Legal description;
(3) 
Scale, date, and north arrow;
(4) 
The boundary lines of the plat, based on an accurate traverse, with angular and linear dimensions;
(5) 
Exact location, dimensions, number, or name of all new or existing rights-of-way, tracts, and easements within and adjoining the plat and an indication of the purpose of each, and a clear statement as to whether each is to be dedicated or held in private ownership;
(6) 
True courses and distances to the nearest established right-of-way lines or official monuments which will accurately locate the plat;
(7) 
Radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs;
(8) 
All lot and block numbers assigned in accordance with chapter 12.50 DMMC and lines, with accurate dimensions in feet and hundredths of feet;
(9) 
Accurate locations of all monuments at such locations as required by the Planning, Building and Public Works Director;
(10) 
All plat meander lines or reference lines along bodies of water. Such lines shall be established above, but not farther than 20 feet from the high water lines of the water or within a reasonable distance, to ensure reestablishment;
(11) 
All restrictions and conditions pertaining to the lots or tracts or other areas in the plat required by the City Council;
(12) 
Appropriate signature blocks and certifications as follows:
(a) 
The signature of all persons having an ownership interest in the property and a statement certifying that the subdivision is made with the free consent and according to the desires of the owner or owners. If the plat includes a dedication, the certifications shall contain the dedication of all rights-of-way and other areas to the public, and person or persons, as shown on the plat, and an undertaking to save, defend, indemnify, and hold harmless, any governmental authority, including the City, in respect of all claims for damages against any governmental authority including the City that may be occasioned to the adjacent land by the established construction, drainage, or maintenance of the right-of-way or other areas so dedicated. The certificate shall be signed and acknowledged before a notary public by all parties having an ownership interest in the land being subdivided.
(b) 
The signature and seal of the registered land surveyor responsible for preparation of the final plat, and a certification by the surveyor to the effect that it is a true and correct representation of the land actually surveyed by the registered land surveyor.
(c) 
The signature of the proper officer in charge of tax collections certifying that all taxes and delinquent assessments as shown on the title certification under DMMC § 17.40.100(4) have been paid, satisfied, or discharged.
(d) 
The signature of the Planning, Building and Public Works Director certifying that all of the required sewage disposal, water supply, and other public improvements have been installed, inspected, and accepted, and accepted by such department or agency, or in the alternative, performance security has been deposited in accordance with DMMC § 17.40.140;
(13) 
For short subdivisions and subdivisions only, each building address conforming with chapter 12.50 DMMC shall be clearly shown on the short plat or final plat;
(14) 
The submittals required by DMMC § 17.40.100; and
(15) 
Additional pertinent information required at the discretion of the Planning, Building and Public Works Director.
(Ord. 1585 § 126, 2013)
When filing a final short plat, final plat, final plat alteration or final plat vacation, the application shall also include the following items:
(1) 
A boundary survey prepared by a registered land surveyor shown on the proposed final plat and referencing the plat to either the Washington State coordinate system (North Zone) or the King County coordinate system, or properly determined subdivision corner referenced to either of the above with a physical description of such corners. Exterior boundary corners shall be staked in the ground;
(2) 
A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within the section or sections;
(3) 
A computer printout showing closures of boundaries, road centerlines, lots, and tracts with a maximum allowable error of closure of one foot in 15,000 feet. Mathematical lot closure shall be submitted showing an error of closure not to exceed 0.005/n feet, where n = number of sides and/or curves on a lot;
(4) 
A title company certification which is not more than 30 calendar days old containing:
(a) 
A legal description of the total parcel sought to be subdivided;
(b) 
A list of those persons holding an ownership interest in the parcel;
(c) 
Any easements or restrictions affecting the property with a description, purpose, and reference by auditor's file number and/or recording number;
(d) 
Any encumbrance on the property; and
(e) 
Any delinquent taxes or assessments on the property;
(5) 
If lands are to be dedicated or conveyed to the City as part of the subdivision, an American Land Title Association title policy may be required; and
(6) 
The filing fee as established by administrative order of the City Manager or the City Manager's designee.
(Ord. 1585 § 127, 2013)
The following application materials shall be submitted for any proposed lot line adjustment:
(1) 
Three copies of a plan, drawn to scale and accurately dimensioned, clearly showing the following information:
(a) 
The proposed lot lines for all affected lots, indicated by heavy solid lines, and
(b) 
The existing lot lines proposed to be changed, indicated by heavy broken lines, and
(c) 
The location of all structures existing upon the affected lots, and
(d) 
The location and dimensions of any drain field, easement, tract, or right-of-way existing within or adjacent to any affected lot, and
(e) 
The area and dimensions of each affected lot if the proposed adjustment were approved;
(2) 
A legal description of affected lots before and after the lot line adjustment;
(3) 
The application fee as established by the City Manager or the City Manager's designee.
(Ord. 1585 § 128, 2013)
(1) 
Contents. The planning official shall prepare a notice of each application for a short subdivision, preliminary subdivision, subdivision alteration, subdivision vacation, and binding site plan containing the following information:
(a) 
The name of the applicant and, if applicable, the project name;
(b) 
A brief description of the application, including the number of proposed lots or any proposed modifications under chapter 17.35 DMMC, Layout and Design of Subdivisions and Similar Requirements;
(c) 
The street address of the subject property, or, if this is not available, a locational description in nonlegal language along with a vicinity map that identifies the subject property;
(d) 
The citation of the provision of this Title describing the applied-for decision;
(e) 
The time and place of the public hearing, if applicable;
(f) 
A statement of the availability for review of the official file;
(g) 
For short subdivisions, a statement of the right of any person to submit written comments and a deadline for such comments;
(h) 
For applications requiring a public hearing, a statement of the right of any person to submit written comments prior to the public hearing and to appear at the public hearing to give comments orally.
(2) 
Distribution – Public Hearing. Not less than 15 calendar days prior to the public hearing required by DMMC § 17.10.130, City Council review, the planning official shall distribute or cause to be published this notice as follows:
(a) 
In accordance with the requirements of chapter 18.20 DMMC; and
(b) 
To the appropriate county officials if the subdivision adjoins unincorporated area; and
(c) 
To the appropriate City officials if the proposed subdivision is either: adjacent to or within one mile of the municipal boundaries of that City; or if the proposed subdivision contemplates the use of the City's utilities.
(3) 
Distribution – Administrative Review. Within 14 days of the date of the notice of complete application, the planning official shall cause this notice to be distributed in accordance with the requirements of DMMC § 16.05.190, Public notice procedure – Notice of DNS, mitigated DNS, or DS.
(Ord. 1585 § 129, 2013)
(1) 
Contents. The planning official shall compile an official file for each application containing the following:
(a) 
All application materials submitted by the applicant;
(b) 
Any staff report(s) prepared for the proposal;
(c) 
All written comments received about the proposal;
(d) 
All documents prepared or submitted pursuant to State Environmental Policy Act compliance;
(e) 
If available, the electronic recording of any public meeting on the matter;
(f) 
The decision or recommendation of the Planning, Building and Public Works Director and City Council, as applicable;
(g) 
If the decision of the Planning, Building and Public Works Director on a short subdivision is appealed, or the decision of the City Council on a preliminary subdivision plat alteration or plat vacation is reconsidered, the following shall be added to the file:
(i) 
The letter of reconsideration or appeal;
(ii) 
All written comments submitted regarding the reconsideration or appeal;
(iii) 
The staff report on the appeal;
(iv) 
The electronic sound recording and minutes of the hearing on the appeal;
(v) 
The decision of the City Council on the reconsideration;
(vi) 
The decision of the Hearing Examiner on the appeal;
(h) 
Any other relevant information.
(2) 
Availability. The official file shall be available for inspection and copying during regular City business hours.
(Ord. 1585 § 130, 2013)
(1) 
Maintenance. A maintenance security shall be submitted regarding any of the improvements or landscaping installed or maintained under this Title. The Planning, Building and Public Works Director shall establish the provisions regarding maintenance securities with respect to the acceptance, amount, administration, utilization, and all other components of such securities; provided, that a maintenance security shall not be held in excess of three years following the installation of required improvements.
(2) 
Performance Security. In lieu of installing all required improvements and components required under this Title, the applicant may propose security to ensure completion of these requirements within one year of the recording of the division of the land. The Planning, Building and Public Works Director shall establish provisions regarding performance securities with respect to the acceptance, amount, administration, utilization, and all other aspects of such securities. A one-time extension of the one-year period may be approved by the City Manager or the City Manager's designee, if the applicant demonstrates that he/she will be able to complete the required improvements within an additional one-year period. Any extension granted shall be for a period not to exceed one year, and additional security shall be submitted for the period of the extension. The amount of the security shall be increased by the City Manager or the City Manager's designee to cover any increased construction costs.
(Ord. 1585 § 131, 2013)
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 officials of the City specifically approve a permit based on all of the following criteria:
(1) 
That the owner purchased the property as an innocent purchaser for value without reasonable notice that the property was divided or segregated in violation of law.
(2) 
That the public interests shall 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 by the City in reviewing a preliminary or short subdivision application under this Title.
Nothing in this section in any way limits the rights granted by RCW 58.17.210.
(Ord. 1585 § 132, 2013)