Chapter 17.32   SHORT SUBDIVISIONS

Sections:


17.32.010   Applicability.

A.

Any short subdivision shall comply with the provisions of this chapter.

B.

Exemptions. The provisions of this section are not applicable to the following:

1.

Cemeteries and other burial lots which are used for that purpose;

2.

Divisions made by testamentary provisions or the laws of descent; and

3.

A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services, including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

C.

Further Divisions. Land within a short subdivision shall not be further divided in any manner for a period of five years from the date the approved short plat is recorded with the auditor without complying with the subdivision requirements of the code, except that when a short subdivision contains fewer than six lots, nothing in this section shall prevent the owner from filing an alteration within the five-year period to create up to a total of six lots within the original short subdivision boundaries.

D.

Contiguous parcels that have one or more common owners, one or more persons who have an interest in the entity that owns or has an ownership interest in contiguous parcels, or a developer who intends to develop contiguous properties, must comply with the subdivision requirements of this title if the total number or resultant lots will exceed six in number. The short subdivision code may not be used as a mechanism to avoid the requirements of the subdivision code where there are adjacent parcels under common ownership, as described herein, that, but for the property boundaries, would be required to comply with the subdivision requirements.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 24, 6-3-2010)

17.32.020   Filing procedure and fee.

A.

Prints of a proposed short subdivision shall be filed with the city. A short subdivision shall meet the following standards:

1.

Drawn in ink to a scale of not smaller than one inch represents one hundred feet on sheet size of eighteen inches by twenty-four inches;

2.

The short subdivision shall show the boundary and dimensions of the "original tract," including its bearings and length of all boundary lines, assessor's parcel number, section, township and range, and all adjoining public or private roads and identifying names of such;

3.

A vicinity map drawn to a scale of four inches represents one mile of sufficient detail to orient the location of the original tract;

4.

Name and address of the owner of record of the "original tract," scale of the drawing, and north directional arrow;

5.

The tract(s) of land proposed to be sold or leased, each tract of which is identified by numerical designation, dimensions and bearing of each lot boundary line;

6.

Width and location of access to all short-subdivided lots proposed;

7.

Space on a second sheet shall be reserved for comments and appropriate signatures;

8.

The form of the short subdivision shall be as required by the Survey Recording Act, Chapter 50, Washington Laws of 1973, or as amended;

9.

Location of all public and/or private utility service lines, including underground telephone service lines;

10.

If the proposed short subdivision is part of an approved MPD, the proposed short plat drawing shall show road, trail, utility, and other connections to adjacent MPD properties, as well as adjacent approved MPD land uses; and

11.

All environmentally sensitive areas and their buffers.

B.

If the proposed short subdivision is located in an approved MPD, a copy of the signed and recorded MPD development agreement shall be filed with the city.

C.

A nonrefundable short subdivision fee in the amount specified by the city fee schedule shall be filed with the city.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 25, 6-3-2010)

17.32.030   Application of environmental analysis and impact statement.

A.

All actions by the city in approving a short subdivision shall be exempt from any SEPA environmental analysis or environmental impact statement as provided in WAC 197-11-800(6)(a) unless the SEPA responsible official determines that the short subdivision is located wholly or partially within an "environmentally sensitive area" as defined by Black Diamond Municipal Code Chapter 19.10.

B.

If the short subdivision is located wholly or partially within an "environmentally sensitive area," the environmental review procedures stated in this chapter shall be followed.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 26, 6-3-2010)

17.32.040   Survey.

A.

Surveys shall be required for all short subdivisions.

B.

All surveys shall be accomplished as required by the Survey Recording Act (Chapter 50, Washington Laws of 1973), and shall be monumented as stated in this chapter.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 27, 6-3-2010)

17.32.050   Review and summary approval.

A.

Completeness Check. Community development department staff shall review the short subdivision application for completeness within twenty-eight days of its receipt. If the application is determined to not be complete, city staff shall identify in its decision the items required to make the application complete. Once the application has been determined to be complete, city staff will issue a formal notice of application which shall allow at least fourteen days for public comment regarding the application. Whenever the city receives an application for the approval of a short subdivision that is located adjacent to the right-of-way of a state highway (SR-169), the community development director shall give written notice of the application, including a legal description of the short subdivision and a location map to the Washington State Department of Transportation.

B.

At the time of issuing the notice of application, the community development director shall submit the proposed short subdivision to all city department heads, including, but not limited to, the public works director and the city fire marshal for staff review. The following review criteria shall apply:

1.

The public works director shall review the proposed short subdivision for engineering adequacy of the proposed street system, sewage disposal system, storm drainage system and water supply system, and shall review the same for compliance with all city standards, including, but not limited to, those set forth in the city's development standards ordinance. Minimum improvement standards shall include the following:

a.

Public streets, curbs, storm sewers, sidewalks (and other planning features that assure safe walking conditions for students who walk to and from school) and streetlights shall be designed and constructed in accordance with the standards of the city and to the approval of the city public works director;

b.

The water distribution system, including fire hydrants and service lines, shall be designed and constructed in accordance with the standards of the city and to the approval of the public works director;

c.

The sanitary sewer system shall be constructed in accordance with the standards of the city and to the approval of the public works director;

d.

Permanent survey monuments shall be erected and lot corners set according to the standards of the city and under the approval of the public works director; and

e.

The public works director shall also review the proposed short plat to ensure that all requirements as may be necessary to minimize flood damage are met;

2.

The city fire chief shall review the proposed short subdivision for adequacy of water supply and access for fire protection purposes; and

3.

The city natural resources director shall review the proposed short subdivision for environmental impacts.

C.

Department Review. Each department head shall, within fourteen days after receipt, complete his or her review of the proposed short subdivision and transmit written comments and recommendations to the community development director. The items noted in subsections (B)(1) through (B)(3) of this section shall be considered as criteria for which a short subdivision may be denied. City standards in place at the time of submittal of a complete application shall be applied during the review process.

D.

Notice of Preliminary Decision by Community Development Director. The community development director shall review comments from staff and coordinate and transmit final determinations to the applicant. The community development director shall complete his/her review and issue either preliminary approval or disapproval of the proposed short subdivision within one hundred twenty days after the short subdivision is determined to be complete, unless an environmental impact statement is required. The approval criteria set forth in Chapter 17.15 of this title shall apply to short subdivision applications.

(Ord. 857 § 24, 2008; Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 28, 6-3-2010)

17.32.055   Appeal procedures.

Within fourteen calendar days following the notice of decision issued for a proposed short subdivision issued pursuant to Section 17.32.050, the applicant may appeal the decision to the hearing examiner. The appeal shall be accomplished by filing of a written request with the city clerk for a hearing. The notice of appeal shall briefly specify the issues of the appeal. Decisions not timely appealed shall be final and conclusive.

(Ord. No. 941, § 29, 6-3-2010)

17.32.060   Expiration of short subdivision approval.

The preliminary approval given to a short subdivision shall expire within five years following approval, and no extensions shall be granted.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 30, 6-3-2010)

17.32.070   Final approval and improvement construction.

A.

The short subdivision shall receive final approval within thirty working days after all required improvements have been constructed, as-builts provided, and the construction approved by the public works director, 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 subsection B of this section. Any short subdivision approved by the community development director as a paper plat need not construct required improvements or provide financial guarantees prior to receiving final approval. The community development director may establish standards and procedures for approval of a paper plat.

B.

Completion and Maintenance Bonds. In lieu of the completion of the actual construction of required public improvements prior to approval of a short subdivision, 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 one year of final short subdivision approval; provided, the city council has not determined that the completion 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 and thus those improvements cannot be bonded in lieu of completion before final approval. In addition, before final short subdivision 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 short subdivision 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 short subdivision, no building permits shall be issued for development within the short subdivision until all required improvements have been completed to city standards and accepted by the city.

D.

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

1.

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 additions or changes made in the drawings or specifications, or on the inclusion or implementation of mitigating measures necessary to minimize the impact of the short subdivision or short subdivision construction on the environment. Conditions required to minimize environmental impacts shall conform with the requirements of the city's current SEPA ordinance;

3.

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

4.

Construction of the short 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 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; and

5.

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

E.

Notice of Decision. Within ten days of final city action on the short subdivision, the city shall provide a mailed notice of decision to the applicant, to all parties of record, and to all parties requesting such notice in writing.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 31, 6-3-2010)

17.32.090   Public utility service.

No public utility service shall be provided to any buildings or improvements constructed within a short subdivision until the construction of all required improvements has been completed and approved by the public works director.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 32, 6-3-2010)

17.32.100   Filing.

A.

Fees and Filing Procedure. No short subdivision shall be filed for recording unless approved by the community development director and the public works director. The original drawings of the approved short subdivision along with the applicable fees shall be filed for record with the King County recorder's office and shall not be deemed approved until filed. One reproducible copy shall be furnished to the public works director. One paper copy each shall be filed with the county assessor, the community development department, and the public works department. No permits shall be issued until these copies have been received.

If a short subdivision has not been submitted for recording within sixty days after approval by the community development director, the short subdivision shall expire and become null and void. To reactivate the expired short subdivision, the short subdivision shall be resubmitted as a preliminary short subdivision application and processed accordingly. Upon written request of the subdivider, the community development director may grant one (1) extension of not more than six (6) months. Such request must be received by the community development department no later than thirty (30) calendar days prior to the sixty (60) day deadline for recording submittal.

(Ord. No. 941, § 33, 6-3-2010)

Editor's note— Ord. No. 941, § 33, adopted June 3, 2010, in effect repealed the former § 17.32.100, and enacted a new § 17.32.100 as set out herein. The former § 17.32.100 pertained to notice and derived from Ord. No. 780, 2005.

17.32.110   Reserved.

Editor's note— Ord. No. 941, § 34, adopted June 3, 2010, repealed the former § 17.32.110, which pertained to appeal procedure and derived from Ord. No. 780, 2005 and Ord. No. 857, 2008.