This subchapter may be cited as the City of Shoreline Subdivision Ordinance and shall supplement and implement the State regulations of plats, subdivisions and dedications.
(Ord. 238 Ch. III § 8(a), 2000)
Subdivision is a mechanism by which to divide land into lots, parcels, sites, plots, or tracts, for the purpose of sale. The purposes of subdivision regulations are:
A.
To regulate division of land into two or more lots or tracts;
B.
To protect the public health, safety and general welfare in accordance with the State standards;
C.
To promote effective use of land;
D.
To promote safe and convenient travel by the public on streets and highways;
E.
To provide for adequate light and air;
F.
To facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites for schools and school grounds and other public requirements;
G.
To provide for proper ingress and egress;
H.
To provide for the expeditious review and approval of proposed subdivisions which conform to development standards and the Comprehensive Plan;
I.
To adequately provide for the housing and commercial needs of the community;
K.
To require uniform monumenting of land subdivisions and conveyance by accurate legal description.
(Ord. 238 Ch. III § 8(b), 2000; Ord. 695 § 1 (Exh. A), 2014; Ord. 724 § 1 (Exh. A), 2015)
A. | Short Subdivision: | A subdivision of nine or fewer lots. |
B. | Formal Subdivision: | A subdivision of 10 or more lots. |
C. | Binding Site Plan: | A land division for commercial, industrial, and mixed use type of developments. |
Note: When reference to “subdivision” is made in this Code, it is intended to refer to both “formal subdivision” and “short subdivision” unless one or the other is specified.
(Ord. 238 Ch. III § 8(c), 2000; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017)
The provisions of this subchapter do not apply to the exemptions specified in the State law and divisions of land which are the result of actions of government agencies to acquire property for public purposes, such as condemnation for roads.
(Ord. 238 Ch. III § 8(d), 2000; Ord. 695 § 1 (Exh. A), 2014)
A.
Lot line adjustment and lot merger are exempt from subdivision review. All proposals for lot line adjustment and lot merger shall be submitted to the Director for approval. The Director shall not approve the proposed lot line adjustment or lot merger if the proposed adjustment will:
B.
Expiration. An application for a lot line adjustment and lot merger shall expire one year after a complete application has been filed with the City. An extension up to an additional year may be granted by the City upon a showing by the applicant of reasonable cause.
(Ord. 238 Ch. III § 8(e), 2000; Ord. 789 § 1 (Exh. A), 2018)
The short subdivision may be referred to as a short plat – Type B action.
The formal subdivision may be referred to as long plat – Type C action.
A.
Review Procedure. The following procedure shall be applicable to all subdivision applications:
Subdivisions may be processed using one of the following methods: (1) subdivision without development, (2) subdivision with development, or (3) consolidated subdivision.
1.
Subdivisions Without Development.
a.
The application and review for subdivisions without development shall follow this process:
2.
Subdivision with Development.
a.
The application and review for subdivisions with development shall follow this process:
i.
Preliminary Plat Application. Review of environmental requirements, availability of utilities, sufficient access, conceptual drainage provisions, frontage improvements, and all dimensional requirements for the applicable zone must be completed. Approval of preliminary plat must be issued before proceeding to subsection (A)(2)(a)(ii) of this section.
3.
Consolidated Subdivision.
a.
The application and reviews for consolidated subdivisions shall follow this process:
i.
The review process for a consolidated subdivision requires that all applicable required documents and plans be submitted and reviewed under one application package. All required documents and plans associated with the preliminary plat, building(s), site development, and right-of-way shall be included in the package. The issuance of all permits will occur at the same time once all requirements, including the submittal of sufficient surety as required in SMC § 20.30.440, have been met.
B.
Review Criteria. The following criteria shall be used to review proposed subdivisions:
1.
Environmental.
a.
Where environmental resources exist, such as trees, streams, geologic hazards, or wildlife habitats, the proposal shall be designed to fully implement the goals, policies, procedures and standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and the tree conservation, land clearing, and site grading standards sections.
b.
The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography.
c.
Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, landslide hazards, or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (B)(1)(a) and (B)(1)(b) of this section, Chapter 20.80 SMC, Critical Areas, and Chapter 13.12 SMC, Floodplain Management.
d.
Low impact development (LID) techniques shall be applied where feasible to minimize impervious areas, manage stormwater, and preserve on-site natural features, native vegetation, open space and critical areas.
2.
Lot and Street Layout.
a.
Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed that will ensure the lot is developed consistent with the standards of this Code and does not create nonconforming structures, uses or lots.
b.
Lots shall not front on primary or secondary highways unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets, may be required to minimize traffic hazards.
c.
Each lot shall meet the applicable dimensional requirements of the Code.
d.
Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate.
3.
Dedications and Improvements.
a.
The City may require dedication of land in the proposed subdivision for public use.
b.
Only the City may approve a dedication of park land.
c.
In addition, the City may require dedication of land and improvements in the proposed subdivision for public use under the standards of Chapter 20.60 SMC, Adequacy of Public Facilities, and Chapter 20.70 SMC, Engineering and Utilities Development Standards, necessary to mitigate project impacts to utilities, rights-of-way, and stormwater systems.
i.
Required improvements may include, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, critical area enhancements, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.
4.
Unit Lot Subdivision.
a.
Repealed by Ord. 1027.
b.
Units may be subdivided into individual unit lots. The parent lot shall meet the applicable development standards.
c.
As a result of the subdivision, development on individual unit lots may modify standards in SMC § 20.50.020, Exception 2 to Tables SMC §§ 20.50.020(1) and 20.50.020(2).
d.
Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of the property owner(s) and/or the homeowners’ association shall be executed for the use and maintenance of common garage, parking and vehicle access areas; solid waste storage and/or collection area(s); on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs of individual units; and other similar features, and shall be recorded with the King County Recorder’s Office. These shall be recorded prior to final plat application or shown on the face of the final plat.
e.
The final plat shall note all conditions of approval. The final plat shall also note that unit lots are not separate buildable lots independent of the overall development and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot.
(Ord. 238 Ch. III § 8(f), 2000; Ord. 299 § 1, 2002; Ord. 324 § 1, 2003; Ord. 555 § 1 (Exh. 1), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 641 § 4 (Exh. A), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 819 § 1 (Exh. A), 2018; Ord. 871 § 1 (Exh. A), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
A.
Preliminary Subdivision. The Director may approve minor changes to an approved preliminary subdivision, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.
(Ord. 238 Ch. III § 8(g), 2000; Ord. 857 § 2(A) (Exh. A), 2019)
A.
Applicability. A plat alteration provides a process to alter or modify a previously recorded plat, short plat, binding site plan, or any portion thereof. The plat alteration results in changes to conditions of approval, restrictions, or dedications that are shown on the recorded plat.
1.
Any person seeking to alter a recorded final plat or any portion thereof shall comply with the requirements set forth in Chapter 58.17 RCW and the regulations in effect at the time the application is submitted to the City.
2.
This section shall not apply to the:
a.
Alteration or replatting of any plat of State-granted tide- or shorelands as provided in RCW 58.17.215.
b.
Adjustment of boundary lines as provided in RCW 58.17.040(6).
c.
Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered an alteration and shall be processed as a new formal subdivision or short subdivision depending on the number of lots being created. Except, if a condition or restriction on the original plat would prohibit such a change, then the plat alteration process must first be completed before a new subdivision may be sought.
B.
Application. A request to alter a recorded plat shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.
1.
The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered.
2.
If the subdivision is subject to restrictive covenants which were recorded 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.
If the application seeks to extinguish or alter an easement established by a dedication, the application must contain an agreement for the release or alteration of the easement by all of the owners of the easement.
C.
Notice.
1.
Complete Application. After the City has determined the application is complete, the City shall issue a notice of the complete application. This notice shall:
D.
Review Criteria.
1.
Decision-Making Authority.
a.
Director. Applications for a plat alteration are a Type B action and shall be administratively reviewed by the Director unless a public hearing has been timely requested as provided in subsection(C)(2) of this section or the City determines that a public hearing is in the public interest, in which case it is a Type C action.
b.
Hearing Examiner. Applications for a plat alteration for which a public hearing has been requested are a Type C action. An open record public hearing before the Hearing Examiner shall be held and the Hearing Examiner shall issue a decision.
2.
The decision-making authority shall review the submittal materials and may approve or deny after a written determination is made whether the public use and interest will be served by the alteration and whether the alteration satisfies the review criteria set forth in SMC § 20.30.410(B).
3.
In any written determination approving an alteration:
a.
If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.
b.
If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
4.
The Director’s decision is final unless appealed to the Hearing Examiner as provided in subsection F of this section. The Hearing Examiner’s decision on a plat alteration for which a public hearing was requested is final and may be appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act.
E.
Recording of Alteration. No later than 30 calendar days after approval of the alteration, the applicant shall produce a revised drawing or text of the approved alteration to the plat, conforming to the recording requirements of Chapter 58.17 RCW and processed for signature in the same manner as set forth for final plats in this chapter. No later than 60 calendar days after the City has signed the altered plat, the applicant shall file, at their sole cost and expense, the altered plat with the King County Recorder to become the lawful plat of the property.
F.
Appeal.
1.
The Director’s decision on a plat alteration where no public hearing was held may be appealed to the Hearing Examiner as provided in Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals.
2.
The Hearing Examiner’s decision shall be final on an appeal of the Director’s decision on a plat alteration.
(Ord. 857 § 2(B) (Exh. A), 2019; Ord. 907 § 1 (Exh. B), 2020)
A.
Applicability. A subdivision vacation provides a process to vacate a previously recorded subdivision, short subdivision, binding site plan, or any portion thereof, or any area designated or dedicated for public use. The subdivision vacation results in the nullification of the recorded subdivision or portion thereof.
1.
Any person seeking a subdivision vacation shall comply with the applicable requirements set forth in Chapter 58.17 RCW and this section in effect at the time a complete application is submitted to the City.
B.
Application. A request to vacate a recorded subdivision shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.
1.
The application shall contain the signatures of all persons having an ownership interest in the subject subdivision or portion to be vacated.
2.
If the subdivision is subject to restrictive covenants which were recorded 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.
C.
Review Procedure and Criteria.
2.
The City shall hold a public hearing, review the submittal materials, and may approve or deny after a determination is made whether the public use and interest will be served by the vacation. Such determination shall be in writing and supported by findings of fact.
a.
If any portion of the land contained in the subdivision to be vacated was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the decision-making authority sets forth findings that the public use would not be served in retaining title to those lands.
D.
Recording. No later than 30 calendar days after approval of the subdivision vacation, the applicant shall file, at their sole cost and expense, the approval of the vacated subdivision with the King County Recorder.
(Ord. 934 § 1(B) (Exh. A), 2021)
Engineering plans for improvements required as a condition of preliminary approval of a subdivision shall be submitted to the Department for review and approval of a site development permit, allowing sufficient time for review before expiration of the preliminary subdivision approval. A separate site development permit is not required if a site development permit was reviewed and approved through a building permit. Permit expiration time limits for site development permits shall be as indicated in SMC § 20.30.165.
(Ord. 238 Ch. III § 8(h), 2000; Ord. 406 § 1, 2006; Ord. 789 § 1 (Exh. A), 2018)
A.
Timing and Inspection Fee. The applicant shall not begin installation of improvements until the Director has approved and issued the site development and right-of-way permits and the Director and the applicant have agreed in writing on a time schedule for installation of the improvements.
B.
Completion – Bonding. The applicant shall either complete the improvements before the final plat is submitted to the Director for approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the Director.
C.
Acceptance – Maintenance Bond. The Director shall not accept the improvements for the City of Shoreline until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance.
(Ord. 238 Ch. III § 8(i), 2000; Ord. 819 § 1 (Exh. A), 2018; Ord. 907 § 1 (Exh. C), 2020)
Time limit: A final short plat or final formal plat meeting all of the requirements of this chapter and Chapter 58.17 RCW shall be submitted for approval within the time frame specified in RCW 58.17.140.
A.
Submission. The applicant may not file the final plat for review until the work required for the site development and right-of-way permits is completed and passed final inspection or bonded per the requirements of SMC § 20.30.440.
B.
Final Short Plat. The Director shall conduct an administrative review of a proposed final short plat. Only when the Director finds that a proposed short plat conforms to all terms of the preliminary short plat and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary short plat application was deemed complete, the Director shall sign on the face of the short plat signifying the Director’s approval of the final short plat.
C.
Final Formal Plat. After an administrative review by the Director and a finding that a subdivision proposed for final plat approval conforms to all terms of the preliminary plat, and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary plat application was deemed complete, the Director shall sign on the face of the plat signifying the City’s approval of the final plat.
D.
Acceptance of Dedication. The Director’s approval of a final plat constitutes acceptance of all dedication shown on the final plat.
E.
Filing for Record. The applicant for subdivision shall file the original drawing of the final plat for recording with the King County Department of Records and Elections. Upon recording, the applicant shall provide a copy of the recorded plat to the Department.
(Ord. 238 Ch. III § 8(j), 2000; Ord. 515 § 1, 2008; Ord. 819 § 1 (Exh. A), 2018; Ord. 907 § 1 (Exh. C), 2020)
All lots in a final short plat or final plat shall be a valid land use notwithstanding any change in zoning laws for the period specified in RCW 58.17.170 from the date of filing. 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) for the period specified in RCW 58.17.170 after final plat approval unless the Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
(Ord. 238 Ch. III § 8(k), 2000; Ord. 352 § 1, 2004; Ord. 581 § 1 (Exh. 1), 2010)
A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this subchapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than nine parcels, nothing in this subchapter shall be interpreted to prevent the owner who filed the original short plat from filing a revision thereof within the five-year period in order to create up to a total of nine lots within the original short subdivision boundaries.
(Ord. 238 Ch. III § 8(l), 2000; Ord. 767 § 1 (Exh. A), 2017)
A.
Commercial and Industrial. This process may be used to divide commercially and industrially zoned property, as authorized by State law. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage; facility maintenance, and coordinated parking. The following applies:
1.
Sites subject to binding site plans shall consist of one or more contiguous lots legally created.
2.
Sites subject to binding site plans may be reviewed independently, or concurrently with a commercial development permit application.
3.
The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.
B.
Recording and Binding Effect. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. Surveys shall include those items prescribed by State law.
C.
Amendment, Modification and Vacation. The Director may approve minor changes to an approved binding site plan, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.
(Ord. 238 Ch. III § 8(m), 2000; Ord. 439 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014)