Chapter 17.20   FINAL PLAT APPLICATION AND APPROVAL

Sections:


17.20.010   Contents of application.

The final plat application shall include the following:

A.

Final plat drawings in conformance with criteria set forth in this title and properly containing all information required by the conditions of preliminary plat approval;

B.

A title insurance report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the plat's certificate or instrument of dedication;

C.

Certified sets of "as-built" subdivision improvement drawings, or in the alternative, and at the city's sole discretion, a subdivision improvements completion bond as specified in this chapter;

D.

A maintenance and guarantee bond as described in this chapter;

E.

Survey information in conformance with criteria set forth in this chapter;

F.

A nonrefundable final plat fee in the amount specified by the city's fee schedule;

G.

Any other documentation which may be necessary to show compliance with conditions of preliminary plat approval; and

H.

A title insurance policy in favor of the city in an amount as approved by the city attorney for all land within the subdivision to be dedicated to the city.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 15, 6-3-2010)

17.20.020   Contents and standards for final plat drawings.

Every final plat shall consist of one or more pages, each eighteen inches by twenty-four inches, clearly and legibly drawn to the standards of the King County recorder's office. Each sheet of the final plat shall contain the subdivision name and sheet number, and each sheet containing a drawing shall also contain the scale and the north arrow showing the equation to true north where applicable. All signatures shall be written in permanent ink. Every final plat shall include an accurate map of the subdivided land based upon a complete survey thereof containing all elements described in and consistent with WAC Chapter 332-130, which map shall include:

A.

All section, township, municipal and city lines lying within or adjacent to the subdivision;

B.

The location of all monuments or other evidence used as ties to establish the subdivision's boundaries;

C.

The location of all permanent control monuments found and established within the subdivision;

D.

The boundary of the subdivision with complete bearings and lineal dimensions;

E.

The length and the bearings of all straight lines; the radii, are lengths, semitangents and delta angle of all road centering curves and radii; and delta angle and arc lengths of right-of-way curves;

F.

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

G.

The location, width, centerline and name or number of all streets within and adjoining the subdivision;

H.

The location shown with broken lines, the width and description of all easements;

I.

Numbers assigned to all lots and blocks within the subdivision;

J.

Names of any adjacent subdivision(s);

K.

Legal description of the land within the subdivision;

L.

All dedications of streets or other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered for all intents and purposes as a quitclaim deed to the donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors aforesaid;

M.

The location of all sensitive area boundaries, including any required buffer and/or setback areas;

N.

The lot area in square feet for each lot or tract within the subdivision; and

O.

Addresses of individual lots.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 16, 6-3-2010)

17.20.030   Surveys and monumentation.

Surveys shall be required for all proposed subdivisions. The survey of every proposed subdivision shall be made by or under the supervision of a professional land surveyor. All surveys shall conform to standard practices and principles for land surveying as set forth in the laws of the state. Subdivision control and staking traverses shall close within an error of one foot in five thousand feet. Primary survey control points shall be referenced to section corners and monuments.

A.

Information to be Transmitted to the Public Works Director. The surveyor shall furnish the public works director with a full set of survey notes, which shall clearly show:

1.

The ties to each monument established for the plat;

2.

All necessary controlling reference points or monuments;

3.

Sufficient data to determine readily the bearing and length of each line which may be in the form of computer printout sheets or coordinate sheet;

4.

The base meridian referred to showing its relation to true north based on Polaris observation or tie to National Ocean Survey (USC and GS) triangulation system, or other control acceptable to the public works director;

5.

Complete subdivision of the section or sections, or as much thereof as necessary to properly orient the plat within the same;

6.

Corners of adjoining subdivisions or portions thereof, with ties; and

7.

Primary survey control points shall be referenced to section corners and monuments.

B.

Permanent Control Monuments. Permanent control monuments shall be established at:

1.

All controlling corners on the boundaries of the subdivision;

2.

The intersections of centerlines of roads within the subdivision; and

3.

The beginnings and ends of curves on centerlines or points of intersections on tangents.

C.

The position and type of every monument shall be noted on all plats of the subdivision in accordance with the Survey Recording Act.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 17, 6-3-2010)

17.20.040   Required certificates.

The following certificates shall be shown on the final plat. Items listed in subsections A through C of this section shall be signed before the final plat is submitted for review:

A.

Surveyor. The surveyor shall place his or her seal and signature on the plat, along with:

1.

A statement certifying that the plat was prepared by him or her, or under his or her supervision;

2.

A statement certifying that the plat is a true and correct representation of the land surveyed and that the monuments shown thereon exist as located; and

3.

A full and correct legal description of the land to be divided.

B.

Owner. The following statements or certifications shall be placed upon the final plat by the owner:

1.

A statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. Owners of other interests shown on the title report shall certify that they have notice of the subdivision; and

2.

If the plat is subject to dedication, a certificate containing the dedication of all streets and other areas, together with a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land from the required construction, drainage and maintenance of the areas. The certificates shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided.

C.

Treasurer Certificate. A certification from the county treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.

D.

Public Works Director. A statement of approval from the public works director approving the survey data, the layout of the streets, alleys and other rights-of-way, design of bridges, sewage and water system and other structures.

E.

Community Development Director. The date of examination and approval by the city community development director and the signature signifying such approval.

F.

Council Approval. The resolution number and date of approval by the city council and the signature of the mayor signifying such approval.

G.

Fire Chief Approval. The date of examination and approval by the city fire chief and the signature signifying such approval.

H.

Mine Workings Warning. A mine workings warning that reads as follows:

"WARNING. The City of Black Diamond overlies numerous mine shafts, tunnels and other workings, the exact location, depth and size of which are unknown. The land encompassed by this subdivision may or may not overlie such a workings. In approving this subdivision, the City of Black Diamond makes no representations and assumes no liability or responsibility with respect to the suitability of this site for the development contemplated or the suitability or integrity of the subsoil against subsidence or collapse."

I.

Plats in an Approved MPD. A statement that reads as follows:

"This plat is part of an approved Master Planned Development (MPD). All development and construction within this plat must be consistent with the applicable requirements of the MPD development agreement, MPD design standards, and mitigation requirements."

(Ord. 857 § 48 (part), 2008; Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 18, 6-3-2010)

17.20.050   Improvements.

A.

The applicant shall either complete the required improvements before the final plat is approved or, at the applicant's request and at the city's sole discretion, the applicant may be permitted to financially guarantee installation of the same pursuant to criteria established in subsection B of this section. If the hearing examiner has determined that the completion before final plat approval of all required water system, sanitary sewer system, and storm sewer system improvements, and all street improvements other than the final overlay, is necessary to protect the public health, safety and welfare, then those improvements cannot be bonded in lieu of completion before final plat approval. Any required off-site improvements that are imposed as a condition of environmental review, the need for which is not triggered until more than one-half of all resulting lots are occupied, may be bonded, if the council makes a written finding, at the time of final plat approval, that to do so will not jeopardize the public health, safety or welfare.

B.

Completion and Maintenance Bonds. In lieu of the completion of the actual construction of required public improvements prior to approval of a final plat, other than the exempted improvements referenced in subsection A of this section, the city may accept a bond, in a form approved by the city attorney, or other secure method, in an amount equal to one hundred fifty percent of the public works director's estimate of the cost of public improvements guaranteeing the actual construction and installation of such public improvements within a period of time to be set by the city, but in no event more than one year after final plat approval. In addition, before final plat approval is granted, the applicant/property owner shall file a maintenance bond, or other secure method approved by the city, in an amount equal to twenty-five percent of the public works director's estimate of the cost of improvements for a period lasting through the period two years after final acceptance of the improvements. The city shall withhold approval of the final plat until the completion bond (if accepted by the city) and maintenance bond are filed. The city may enforce such bonds according to their terms, pursuant to any and all legal and equitable remedies. In addition, any completion or maintenance bond filed pursuant to this subsection shall be subject to enforcement in the following manner:

1.

In the event the bonded public improvements are not completed as required, or maintenance is not performed satisfactorily, the city shall notify the property owner and the bonding company in writing which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.

2.

In the event repairs or maintenance are not completed as specified in the notice referred to in subsection (B)(1) of this section by the specified time, the city may, but shall not be obligated to, proceed to repair the defect or perform the maintenance by either: (a) force account, using city forces, or (b) by private contractor. To the extent that additional funds remain from the performance bond proceeds after the city has completed the work, these funds shall not be returned to the applicant/property owner until all work has been completed and accepted by the city. In the event the city is required to bring suit to enforce maintenance or completion bonds, or to collect the cost of repairs or maintenance, the applicant/property owner and bonding company shall be responsible for any costs and attorney's fees incurred by the city as a result of the action.

C.

No Permits to be Issued. In the event that the city allows the applicant to file the performance bond instead of completing some or all of the required improvements prior to final approval of the plat, no building permits shall be issued for development within the subdivision until all required improvements have been completed to city standards and accepted by the city.

D.

Improvement Construction. Construction of subdivision improvements prior to final plat approval or subsequent to final plat approval as a condition to meeting bond requirements shall proceed as follows:

1.

Sets of complete construction drawings and specifications shall be submitted to the public works director for approval prior to the commencement of construction. The submitted drawings and specifications shall be designed and certified by a professional civil engineer. Construction drawings shall be in conformance with the conditions, if any, of preliminary plat approval and applicable city standards.

2.

Construction of improvements shall not be initiated without authorization of the public works director. The public works director shall authorize the applicant/property owner to proceed with construction after approval of the construction drawings and specifications. The public works director may grant approval on condition that additions or changes are made in the drawings or specifications, or on the inclusion or implementation of mitigating measures necessary to minimize the impact of the subdivision or subdivision construction on the environment.

3.

Any changes to the construction drawings or specifications involving the design of the subdivision improvements shall first be reviewed and approved by the public works director.

4.

Construction of the subdivision improvements shall proceed as shown in the construction drawings and specifications. Construction shall proceed under the supervision of a professional civil engineer. The public works director shall ensure that construction progress is inspected to review compliance with construction plans and required standards. All costs of inspections by the public works director shall be borne by the applicant/property owner.

5.

After the completion of construction, three sets of "as-built" drawings showing the subdivision improvement as constructed shall be certified as true and complete by a professional civil engineer and one shall be reproducible mylar. The certified "as-built" drawings shall be submitted to the city prior to final plat approval and/or acceptance of the subdivision improvements by the city.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 19, 6-3-2010)

17.20.060   Final plat review and decision.

Final plats shall be approved, disapproved or returned to the applicant for modification or correction within sixty days from the date of filing thereof unless the applicant consents to an extension of such time period.

A.

Staff Review. The public works director or designee acting on behalf of the city shall review the survey data layout of streets, alleys and other rights-of-way, design of bridges, sewage, storm sewage and water systems and other structures. The public works director or designee acting on behalf of the city shall convey his or her findings to the city council regarding satisfaction of the following criteria:

1.

The proposed final plat meets all standards established by state law, this title, the city's zoning, the preliminary plat conditions of approval, and the city's development standards ordinance relating to the final plat's drawings and subdivision improvements;

2.

For plats within an approved MPD, the proposed final plat complies with all conditions of MPD approval, the MPD development agreement, and MPD design standards;

3.

The proposed final plat bears the certificates and statements of approval required by this chapter;

4.

The current title insurance report furnished by the applicant/property owner confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate; and

5.

The facilities and improvements required to be provided by the applicant/property owner have been completed or, alternatively, that the applicant/property owner has provided a bond in an amount and with sureties commensurate with improvements remaining to be completed, securing to the city the construction and installation of the improvements and that all survey monument lot corners are in place and visible.

B.

City Council Decision. The city council shall review the findings of the public works director or designee and review the proposed final plat to assure that there is conformance with all terms of the preliminary plat approval and, where applicable, MPD approval, the MPD development agreement, and MPD design standards. If the council determines that the final plat conforms with these requirements, and adequate bonds, if applicable, have been posted, then, by resolution, it shall enter written findings to that effect, and shall authorize the mayor to execute the city's written approval on the face of the plat.

C.

Notice of Final Decision. The city shall provide a notice of decision. The notice shall be provided to the applicant and any person who, prior to the rendering of the decision, requested notice of decision or submitted substantive comments on the application.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 20, 6-3-2010)

17.20.070   Filing.

A.

Required. No final plat shall be filed unless approved by the city council. The original of an approved final plat shall be filed for record with the county recorder.

B.

Fees and Filing Procedure. The applicant shall submit the original final plat drawings together with the filing fees to the county recorder's office. After filing, the applicant shall provide copies of the recorded plat to the city for distribution.

C.

Period of Approval. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years 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 by the city council pursuant to subsection A of this section for a period of seven years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision; except that a subdivision in an approved MPD shall be governed by the terms of the MPD conditions of approval and the development agreement, until and unless the conditions and agreement are amended.

D.

If a final plat has not been submitted for recording within sixty days after approval by the city council, the plat shall expire and be null and void. To reactivate the expired plat, the plat must be resubmitted as a preliminary plat application and processed accordingly.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 21, 6-3-2010)

17.20.080   Violation—Permit not to be issued.

No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this title unless the city finds that the public interest will not be adversely affected thereby; provided, that building permits for up to four model homes may be issued prior to final plat recording. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with the provisions of this chapter.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 22, 6-3-2010)

17.20.090   Vacation or alteration of a subdivision.

A.

Vacation. Whenever an applicant wishes to vacate a subdivision or any portion thereof, that person shall file an application for vacation with the community development department. The application shall set forth the reasons for vacation and shall contain 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.

When the vacation application is specifically for a city street or road, the procedures for street vacation under state law shall be utilized for the street vacation. When the application is for the vacation of the plat together with the streets or roads, the procedure for vacation in this section shall be used but vacations of streets may not be made that are prohibited under state law.

The community development department shall give notice to all property owners within the subdivision and within three hundred feet of subdivision boundaries and to all applicable agencies. The hearing examiner shall conduct a public hearing on the request for vacation, and forward a recommendation to the city council. The application for vacation of the subdivision may be approved or denied after the city council has determined the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision 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 city council sets forth findings that the public use would not be served in retaining title to those lands.

Title to the vacated property shall vest with the rightful owners shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council following a recommendation from the hearing examiner. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands.

B.

Alteration. If an applicant is interested in the alteration of any subdivision or any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to the community development department requesting the alteration. The application shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites, or divisions 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.

If the alteration to a subdivision is requested prior to final plat approval, a minor alteration may be approved by the community development director. A major alteration requested prior to final plat approval shall require approval of the hearing examiner after appropriate public notice and holding of a public hearing. The community development department shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. For purposes of this section, a "major alteration" means the creation of additional lots, the elimination of open space, or changes to conditions of approval on an approved preliminary subdivision, and a "minor alteration" means (a) modifications to engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval, (b) a modification to lot dimensions, provided that such modified dimensions conform to city code, or (c) a reduction in the number of lots to be created, provided that the reduction otherwise conforms to the provisions of city code. If the alteration to a subdivision is requested after final plat approval, but prior to filing the final plat with King County, a plat alteration may be approved with consent of the city council. Upon receipt of an application for alteration, the community development department shall provide notice of the application to all owners of property within the subdivision, and as was required by the subdivision application. The notice shall establish a date for a public meeting.

If the alteration to a subdivision is requested after filing the final plat with King County, a minor plat alteration may be approved with consent of the city council. If the community development department determines that the proposed alteration is a major alteration, then the department may require replatting pursuant to this title. Upon receipt of an application for alteration, the community development department shall provide notice of the application to all owners of property within the subdivision, and as was required by the subdivision application.

The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. 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 resulting from the alteration. 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 properties.

After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision. The final plat shall accurately reflect the approved alteration and shall be filed with the county auditor to become the lawful plat of the property, after receiving final plat approval.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands.

(Ord. No. 941, § 23, 6-3-2010)