The purpose of the provisions in this chapter is to regulate the subdivision of land into 10 or more lots for residential, commercial, or industrial use.
(Ord. 2021-633 § 2)
The director is authorized and directed to administer the provisions of this chapter. The authority to hold a public hearing and provide a recommendation on preliminary subdivision applications is granted to the hearing examiner and the final authority to approve or disapprove a preliminary subdivision is granted to the city council after a closed record public hearing.
(Ord. 2021-633 § 2; Ord. 2022-639 § 4)
A.
Procedure. The following steps shall be followed in the processing of preliminary plat applications:
B.
Additional Notice. In addition to the notice provided in the sections referenced above, the city shall also provide the following notice, as applicable:
1.
If the proposed preliminary subdivision is located adjacent to the right-of-way of a state highway, the director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Transportation; and
2.
If the proposed preliminary subdivision is located in whole or in part in a designated floodplain as provided in Chapter 86.16 RCW, the director shall give written notice of the application, including a legal description of the preliminary subdivision and a location map, to the State Department of Ecology.
(Ord. 2021-633 § 2)
The following materials shall be submitted to the city for a complete preliminary subdivision application:
A.
General. One digital copy of the application on a form provided by the city along with the applicable fee as established by the city in a resolution for this purpose. The application form shall be completed and contain the following information:
1.
The proposed name of the proposed subdivision, which shall not be the same as the name of any other subdivision or development in the city;
2.
Name, address, and telephone number of the subdivider and of the owner(s) of the property to be subdivided;
3.
Signature of the applicant;
4.
Signature(s) of property owner(s) or owner's authorized representatives(s);
5.
A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property; and
6.
Legal description of the property to be subdivided;
7.
Other information specified and requested on the application form;
B.
Title Report. A title report dated by the title company within 30 days of the submission of the application to the city, confirming that the title of the lands as described and shown in the application is in the name of the applicant;
C.
Certificate of Consent and Dedication. A certificate or separate written instrument, giving full and complete descriptions of the lands divided as they appear on the preliminary plat, including a statement that the preliminary subdivision has been made with free consent and in accordance with the desires of the owner(s). If the preliminary plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), religious society or societies, or to any corporation, public or private, as shown on the preliminary plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided;
D.
Existing Conditions Map. One digital copy of an existing conditions map, drawn to a preferable scale of one inch equals 20 feet, but not less than one inch equal to 100 feet, containing the following information:
1.
The owners of adjacent land and the names of any adjacent subdivisions;
2.
All environmentally sensitive areas and their buffers;
3.
Topographic lines at five-foot intervals;
4.
Approximate location and widths of existing buildings, structures, utilities, underground storage tanks, septic systems and associated drainfields, dimensions of all easements and/or streets within or adjoining the proposed plat, and applicable city or county file numbers shall be shown;
5.
Location of existing stormwater control/conveyance on or across the site;
6.
Proposed lot lines, rights-of-way lines, easements (shown in relation to existing conditions);
E.
Survey. A registered land surveyor shall stake the corners of the lot to be subdivided and prepare a survey and map of the property drawn in ink on one or more sheets of 18-inch-by-24-inch paper, of a preferable scale of one inch equals 20 feet, but not less than one inch equal to 100 feet;
F.
Preliminary Plat Map. One digital copy of the preliminary plat map of the property drawn in ink on one or more sheets of 18-inch-by-24-inch paper, of a preferable scale of one inch equals 20 feet, but not less than one inch equal to 100 feet, which shall also include the following information:
1.
An arrow indicating north;
2.
The boundary lines of the tract to be platted, consistent with the boundaries of the survey required under subsection (E) of this section, and the interior lot lines, and relationship to adjacent properties (heavy line weight);
3.
Length and bearing of the boundary lines and proposed lot lines. All bearings shall be referenced to the Washington Coordinate System, WM zone (medium line weight);
4.
Boundaries and dimensions of all proposed lots, including square feet of lot area for all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each block and lot;
5.
Identification of the source of water supply for each lot, including water line and fire hydrant locations, generalized plans of proposed water distribution systems, storm sewers, sewerage systems and shoreline modifications, if any, including locations and sizing;
6.
If the plat constitutes a replat, the lots, block, streets, etc., lines of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement on the plat, the new plat being clearly shown in solid lines;
7.
All environmentally sensitive areas, their buffers and minimum building setbacks (medium line weight);
8.
Proposed final grading plan with topographical lines at five-foot intervals (fine line weight);
9.
Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight);
10.
Approximate location and widths of existing buildings, structures, and improvements to be retained, utilities, underground storage tanks, dimensions of all easements and/or streets within or adjoining the short plat, and applicable city or county file numbers (fine line weight);
11.
Location of proposed stormwater control/conveyance on or across the site (medium line weight);
12.
The location of the nearest public street and utilities (medium line weight);
13.
The number assigned to each lot (heavy line weight);
14.
The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision (heavy line weight);
15.
The survey and all of the materials required by this subsection shall be filed with the application for approval of the preliminary subdivision; and
G.
SEPA Checklist. A completed environmental checklist as provided by the city shall be included; and
H.
Subdivision Improvement Agreement. If the subdivision is proposed to occur in two or more phases, the applicant shall provide a subdivision improvement agreement on a form approved by the city attorney, which meets the requirements of NMC § 20.06.050 and all of the information required by that section, as well as a map clearly showing the proposed phases and providing the proposed phasing schedule;
I.
Phasing Plan. Where a subdivision is to be developed in phases with a final plat approved and recorded separately for each phase, the applicant shall request approval of the phasing plan in the preliminary subdivision application. Each separate phase shall meet the requirements of NMC § 20.04.050 and all other applicable city codes when considered independently from any other phase. Where an applicant requests phasing after preliminary subdivision approval has been granted, phasing may only be approved through modification of the preliminary subdivision approval using the procedures in NMC § 20.04.100. If the applicant desires to phase the subdivision by submitting final plat applications for one or more of the phases after the deadline established in NMC § 20.04.090, a subdivision improvement agreement under NMC § 20.06.050 must be approved.
(Ord. 2021-633 § 2; Ord. 2022-645 § 18)
A.
Required Findings for Applicant. The applicant for a preliminary subdivision must demonstrate that the application complies with all of the following:
2.
The city's zoning and building codes, and all other applicable laws of the appropriate jurisdictions, including but not limited to the health department.
3.
The city's comprehensive plan and all related elements, including, but not limited to, the comprehensive plan's capital facilities, water, sewer, and transportation elements.
4.
Adequate Public Facilities. The applicant shall demonstrate that there are adequate and available public facilities to support and service the area of the proposed preliminary subdivision. The applicant shall, at the request of the city, submit sufficient information and data on the proposed preliminary subdivision to demonstrate the expected impact upon and use of public facilities by the possible uses and users of the proposed preliminary subdivision. Public facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sidewalks for children who only walk to and from school, sewerage and water service, and fire and emergency response service.
5.
Water and Sewer. All habitable buildings and buildable lots in the preliminary subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the city's comprehensive water system plan. All habitable buildings and buildable lots in the preliminary subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the Coal Creek utility district's comprehensive sewer plan. The city shall consider the recommendation of the public works director, city engineer, the local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage and water supply.
6.
Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the subdivision and shall be designed to prevent increases in downstream flooding, in accordance with the city's stormwater drainage regulations. The city may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.
7.
Roads. Proposed roads shall provide an available, safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat.
8.
Extension Policies. All public improvements and required easements shall be extended through the parcel in the proposed preliminary subdivision. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed through the subject property in the preliminary subdivision to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements.
B.
Required Findings and Conclusions for City Approval. A proposed preliminary subdivision application shall not be approved unless the city makes written findings and conclusions that:
2.
Appropriate provisions are made for the public health, safety, and general welfare and for such 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 all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;
3.
The public use and interest will be served by the platting of the preliminary subdivision and dedication;
5.
The applicant agrees to install and dedicate all public facilities prior to the city's approval of the final plat unless the applicant has executed a subdivision improvement agreement and has provided the necessary security for the agreement.
(Ord. 2021-633 § 2)
Dedication of land to any public body, provision of public facilities to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the recorded plat. If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city must adopt the designated name.
(Ord. 2021-633 § 2)
A preliminary plat application shall be approved, approved with conditions or denied within 90 days after a complete application has been submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the city.
(Ord. 2021-633 § 2)
A.
Approval of the preliminary subdivision by the city shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary subdivision, the street and utility standards adopted by the city and any special conditions imposed on the approval.
(Ord. 2021-633 § 2)
A final plat application meeting all of the requirements of the preliminary subdivision approval and this title shall be submitted to the city for approval:
A.
Within 10 years of the date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW, and the date of preliminary plat approval is on or before December 31, 2007; or
B.
Within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014; or
C.
Within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015.
(Ord. 2021-633 § 2; Ord. 2022-639 § 5)
An application for a revision to an approved preliminary plat may be submitted before a final plat application is submitted, as follows:
A.
Minor Revisions to an Approved Preliminary Plat. The director is authorized to make the determination on a minor revision to an approved preliminary plat without a public hearing.
1.
Defined. Minor revisions to an approved preliminary plat are those which do not change: (a) the plat boundaries; (b) the conditions of preliminary plat approval; (c) road alignments or connections (except for minor indiscernible or inconsequential shifts); and/or (d) the number of lots by more than five percent or five lots, whichever is less.
2.
Application. A complete application for a preliminary plat revision shall consist of the following:
3.
Processing. The following steps shall be followed in the processing of an application for a minor revision:
c.
Chapter 14.05 NMC, SEPA (unless exempt under WAC 197-11-800); and
d.
NMC § 20.04.100(A)(4), determination of consistency with approval criteria;
4.
Criteria for Approval. The director shall approve, approve with conditions, or deny a proposed minor preliminary subdivision revision application, as long as the applicant demonstrates that all of the following criteria are satisfied:
a.
The proposed revision meets the criteria in NMC § 20.04.050(A);
b.
The revision will not be inconsistent with, or cause the subdivision to be inconsistent with, the findings, conclusions or decision made by the city in its approval of the preliminary plat.
5.
Time Limitation for Final Decision. The minor subdivision revision application shall be approved, approved with conditions or denied within 90 days after a complete application is submitted, unless the applicant consents to an extension in writing of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the city.
B.
Major Preliminary Plat Revisions.
1.
Defined. A major preliminary plat revision is any application for a revision of a preliminary plat that does not meet the definition of a minor preliminary plat revision.
2.
Application. An application for a major preliminary plat revision shall include all of the elements of a complete preliminary plat application.
3.
Criteria for Approval – Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary plat revision shall be the same as those for a preliminary plat application.
(Ord. 2021-633 § 2)
No building permit shall be issued for any property within the boundaries of the preliminary plat except for (A) infrastructure associated with the required plat improvements, and (B) model homes under the provisions of NMC § 20.04.120, until the final plat has been signed and recorded.
(Ord. 2021-633 § 2)
A.
For the purpose of allowing the early construction of model homes in a preliminary subdivision, the city council may permit a portion of a preliminary subdivision involving no more than three lots to be created in accordance with the procedures for short subdivisions in Chapter 20.03 NMC.
B.
Model home short subdivisions are subject to the following provisions:
1.
The model home lots gain access from an existing city, county or state roadway or highway;
2.
The roadway from which the model home(s) will gain access meets all street improvement and frontage standards;
3.
No future road or other improvement is anticipated where the lots are proposed;
4.
The model home lots are served by all required utilities, sewer, and water from the existing street from which they gain access;
5.
The short subdivision application for the model homes shall be submitted to the city simultaneously with the preliminary plat application for the preliminary subdivision;
6.
The model home lots on the short subdivision are consistent with the layout of the preliminary subdivision;
7.
The short subdivision for the model homes shall be designed to comply with all subdivision standards as a complete plat in the event the final plat for the preliminary subdivision is not completed or recorded;
8.
The balance of the original lot from which the model home lots are divided shall be designated on the model home short plat as a "pending development tract." The plat shall note that the pending development tract may only be developed in accordance with the concurrently submitted and approved preliminary subdivision;
9.
The city shall not approve the short subdivision application for the model homes unless and until the city approves the associated preliminary plat application; and
C.
Effect of Not Completing Preliminary Subdivision. In the event the model home short plat is recorded and the preliminary subdivision is not completed or finalized in the time frame established in NMC § 20.04.090, development of the "pending development tract" identified on the plat shall only occur through either a new preliminary subdivision or short subdivision application.
(Ord. 2021-633 § 2)