Loading...
HomeMy WebLinkAboutOrd 1014 - Subdivision Code Including Provisions for Short Plats (Repealed by Ord 1833) 1576 §2, 4 1599 §6.3, 6.4 1770 (part) 1770 (part) 1833 1838 F 1 lo CITY O F TUK WILA WASHINGTON ORDINANCE NO. 1014 4 f AN ORDINANCE ADOPTING A NEW SUBDIVISION CODE, INCLUDING PRO- VISIONS FOR SHORT PLATS, AND REPEALING THE PRESENT SUBDIVISION ORDINANCE. THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: CHAPTER 17.04 GENERAL PROVISIONS SECTION 17.04.010. TITLE. This code shall be hereinafter known as the City of Tukwila Subdivision Code. SECTION 17.04.020. PURPOSE. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Tukwila, insuring that the public health, safety, general welfare, and aesthetics of the City of Tukwila shall be promoted and protected; that orderly growth, development, and the conserva- tion, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Land Use Policy Plan are furthered through the subdivision of land. SECTION 17.04.030. SCOPE. This code shall apply to the division of any land for sale, lease, or gift, into two (2) or more parcels, one or more of which is less than twenty (20) acres. Where this code imposes greater restrictions or higher standards upon the devel- opment of land than other laws, ordinances, or restrictive covenants, the provi- sions of this code shall prevail. SECTION 17.04.040. DEFINITIONS. As used in this ordinance, the following words or phrases shall have the following meanings: 1. Alley. A public thoroughfare or way having a width of not more than twenty .(20) feet which affords only a secondary means of access to abutting property. 2. Binding Site Improvement Plan. An improvement plan processed in accordance with Chapter 17.16 which is Tegaily binding on the land owner, his heirs, successors and assigns. 3. Block. A group of lots, tracts, or parcels which have been subdivided and are entirely surrounded by highways or streets or in part by a well defined and fixed boundary. 4. Buffer Strip. A strip of land of sufficient width to serve as a buffer between dissimilar use districts, existing in a natural or landscaped condition and located along the edge of a subdivision. 5. Certificate of Segregation. A written certification, on a form provided by the Planning Division of the Office of Community Development, that a legally described portion of land is located within and properly related to an approved Binding Site Improvement Plan and which must accompany any Building Permit application for construction on said legally described portion of land. 6. City Council. The City Council of the City of Tukwila, Washington. 7. Comprehensive Plan. The plans, maps, text, and reports which comprise the official development plan as adopted by the City Council in accordance with RCW 35.63 or RCW 35A. 8. Cul -de -Sac. A street having one end open to traffic and being terminated at the other end by a circular vehicular turn around. 9. Dedication. A deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the City of Tukwila. 10.. Department of and Elections: The Department of Records and Elections of the County of King, Washington. 11. Division of Land. The division of any parcel of land into two (2) or more parcels. 12. Final Approval. The final official action taken by the City Council on the proposed plat, subdivision, dedication or portion thereof that has previously received preliminary approval, except for Short plats. 13. Final Plat. The final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections and containing all elements and requirement set forth in this code. 14. Land Surveyor. An individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys. 15. Lease. A contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. This definition is intended to apply to those agreements which are ordinarily considered "ground leases" and shall not apply to those which are ordinarily considered "space leases." -2- 16. Lot. A fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. Lot, Corner. A lot abutting upon two (2) or more streets at their inter- section, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty -five (135) degrees within the lot lines. Lot Frontage. The front of a lot shall be that portion nearest the street except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that abuts a street. Lot Lines. The property lines bounding the lot. Lot of Record. A lot which is part of a subdivision recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot, Through. A lot that has both ends fronting on a street. Either end may be considered front. 17. Meander Line. A line along a body of water intended to be used solely as a reference for surveying. 18. Performance Bond or Guarantee. That security which may be accepted in lieu of a requirement that certain improvements be made before the City Council approves the Final Plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. 19. Planning Commission. That body as defined under Title 2.6 of the Tukwila Municipal Code. 20. Plat. A map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. 21. Preliminary Approval. The official favorable action taken on the Preliminary Plat of a proposed subdivision, metes and bounds description, or dedication, by the City Council following a duly advertised public hearing. 22. Preliminary Plat. A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. 23. Principal Building. The principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. 24. Private Access Road. A minor, privately -owned and maintained road which serves to provide access to lots with special access difficulties authorized pursuant to Section 17.24.030 and 17.28.050 of this Code. 25. Right -of -Way. A City -owned strip of land to be used for public roads, bike ways, sidewalks, mass transit, utilities, or similar related public uses. 26. Roadway. That improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. 27. Segregation. The division of land into two (2) or more leasehold agreements. -3- 28. Short Plat. The map or representation of a short subdivision. 29. Short Subdivision. The division of land into four (4) or less lots, tracts, parcels, sites, or divisions. 30. Subdivision. The division or redivision of land into five (5) or more lots, tracts, parcels, sites, or divisions. 31. Tract. A parcel of land proposed for subdivision or subdividing. SECTION 17.04.050. STATE ENABLING LEGISLATION AS IT APPLIES TO THIS CODE. This code is adopted pursuant to Chapter 58.17 of the Revised Code of the State of Washington. (SEE, Appendix A of this ordinance.) SECTION 17.04.060. ADMINISTERING AUTHORITY. 1. Planning Division of OCD. The Planning Division of the Office of Community Development is responsible for the administration and coordination of this ordinance. 2. Planning Commission. The Planning Commission shall hold a public hearing on all preliminary plats to make recommendations thereon to the City Council. The Planning Commission shall also review final plats at a public meeting and make a recommendation to the City Council. 3. City Council. The Tukwila City Council shall have sole authority to approve all preliminary and final plats. 4. Short Subdivision Committee. The Short Subdivision Committee shall have sole authority to approve all Short plats. SECTION 17.04.070. EXCEPTIONS. The provisions of this code do not apply to: 1. Cemeteries and burial plots` `wf iie'JGsed 2. Division of land into lots or tracts where the smallest lot is twenty (20) acres or more and not containing a dedication of a public right -of -way. 3. Division made by testamentary provisions, the laws of descent, or upon court order, or by foreclosure of security interest or liens. 4. Boundary line adjustments where no new lot is created thereby and where no lot is reduced in size below the minimum square footage requirements required by the applicable zoning control. 5. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation. 6. The division of land which is designated CP in accordance with Title 18 of the Tukwila Municipal Code for the purpose of lease. -4- SECTION 17.04.080. NOTIFICATION OF OTHER AGENCIES. Notice of the filing of a preliminary plat which is within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city, or town authorities. Notice of the filing of a pre- liminary plat located adjacent to the right -of -way of a State Highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be platted. CHAPTER 17.08 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS SECTION 17.08.010. PURPOSE. The procedures regulating short subdivisions are establsihed to promote orderly and efficient division of lots while promoting the public health and general welfare and complying with provisions of RCW 58.17. SECTION 17.08.020. SCOPE. Any land being divided into four (4) or fewer parcels, lots, tracts or sites, for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in size, and which has not been divided in a Short Subdivision within a period of five (5) years, shall meet the requirements of this Section. SECTION 17.08.030. PRINCIPLES OF ACCEPTABILITY. The following principles shall determine the acceptability of Short Subdivisions: 1. Create legal building sites with respect to zoning and health regulations. 2. Establish access to a public road for each segregated parcel. 3. Have suitable physical characteristics; a proposed short plat may be denied because of flood, inundation, or swamp conditions or construction of protec- tive improvements may be required as a condition of approval. 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction, as well as the requirements of this code. 5. Make adequate provision for: drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed necessary. SECTION 17.08.040. APPLICATION REQUIREMENTS. 1. Application for a short subdivision shall be made with the Planning Division of the Office of Community Development on forms prescribed by that Office. Said application shall be accompanied by ten (10) copies of the Short Subdi- vision plat. -5- 2. The Short'Subdivision plat shall conform to the following requirements: a. Shall be a neat and accurate drawing by a land surveyor on reproducible material at a decimal scale. The Plat map shall measure between 81/2" x 11" and 81/2" x 14". b. Shall show how the proposed subdivision will be served by streets and utilities. c. Each application shall be accompanied by a preliminary title report dated within 30 calendar days of the submission date. SECTION 17.08.050. FEES. A non refundable application fee of fifty (50) dollars shall accompany each and every application for short subdivision to cover costs of administration and inspection. SECTION 17.08.060. REVIEW PROCEDURES. Referral to Other Departments. Upon receipt of an application for a Short Subdivision, the Planning Division of the Office of Community Development shall transmit one (1) copy of the application to each member of the Short Subdivision Committee, and one (1) copy to any department or agency deemed necessary. The application shall be transmitted at least five (5) working days prior to the Short Subdivision Committee meeting. Short Subdivision Committee. The Short Subdivision Committee shall consist of the Director of the Office of Community Development, who shall be chairman; the Public Works Director; and the Fire Chief; or their designated representatives. Short Subdivision Committee Meeting. A meeting of the Short Subdivision Committee, attended by the applicant at his option, shall be held no later than twenty (20) calendar days from receipt of a complete application. Said meeting shall be open to the public. 1. Quorum. All members of the Short Subdivision Committee or their representative must be present in order for action to be taken. 2. Action. The Short Subdivision Committee may approve, approve with modifications, or deny the application for a Short Subdivision. The decision of the Short Subdivision Committee shall be made at the meeting and the applicant notified in writing of such decision within three (3) working days. An additional meeting may be called if a decision is not reached at the first meeting. The second meeting should be no later than seven (7) days after the first meeting. An applicant may request to have an application on which the Short Subdivision Committee has taken action reopened by the Committee if it is found by the Director of the Office of Community Development and the applicant that new information has come to light that might affect the action taken by the Short Subdivision Committee. 3. Appeal. The decision of the Short Subdivision Committee shall be final, unless an appeal by any aggrieved party is made to the Planning Commission within ten (10) calendar days of the date of decision of the Short Subdivision Committee. Said appeal shall be in writing to the Planning Commission and filed with the Office of Community Development. The Planning Commission shall act on said appeal within forty (40) calendar days unless an extension thereto is agreed to, in writing, by the applicant. The decision of the Planning -6- tl Commission shall be final and conclusive unless, within ten (10) calendar days, any aggrieved party files with the City Clerk a written appeal addressed to the City Council. The City Council shall act on said appeal within twenty (20) days of the date of appeal. SECTION 17.08.070. REQUIRED IMPROVEMENTS. 1. Prior to recommending approval for any short subdivision, the Short Subdivision Committee shall determine that the following improvements are available for each parcel created by the division of land: a. Adequate water supply; b. Adequate method of sewage disposal; c. Storm drainage improvements and storm sewers; d. Fire hydrants; e. Adequate access to all parcels. Streets, alley, and sidewalk improve- ments may be required by the Short Subdivision Committee; f. Provision for appropriate deed, dedication, and /or easements. 2. Any and all improvements required pursuant to #1 above shall be as per the respective requirements of Chapter 17.20 17.24 or 17,28 ,as appropriate for either the residential or commercial /industry design standards. 3. Other improvements not specifically mentioned herein but found necessary due to conditions found on the site may be required. 4. Finished plans of all public improvements as installed shall be required before the City will accept the improvements. SECTION 17.08.080. FILING OF SHORT PLAT. 1. All required improvements must be constructed by the applicant and accepted by the City of Tukwila, or a bond posted by the applicant for construction of same, prior to the short plat being filed. Said bond shall be in an amount equal to one hundred fifty percent (150 of the estimated cost of complete construction of such improvements as determined by the Director of Public Works. 2. A short plat must be certified for filing by the Chairman of the Short Subdi- vision Committee before it is filed. 3. Short plats shall be filed by the applicant with the Department of Records and Elections and a copy of the recorded instrument shall be returned to the Office of Community Development prior to issuance of Building Permits. The applicant shall pay all costs associated with this filing. SECTION 17.08.090. EXPIRATION PERIOD. If the short plat is not filed within six (6) months of the date of approval, the short plat shall be null and void. Upon written request by the subdivider, the Short Subdivision Committee may grant one (1) extension of not more than six (6) months. -7- SECTION 17.08.100. LIMITATIONS ON FURTHER SUBDIVISION Any land subdivided under the requirements of this Section shall not be further divided for a period of five (5) years without following the procedures for subdivision (Chapter 17.12). CHAPTER 17.12 DETAILED PROCEDURES FOR SUBDIVISIONS SECTION 17.12.010. PURPOSE. The purpose of this Section is to establish uniform procedures for the orderly and efficient division of land within the City of Tukwila. SECTION 17.12.020. SCOPE. Any land being divided into five (5) or more parcels, lots, tracts or sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in size, or any land which has been divided under the Short Subdivision procedures within five (5) years, shall conform to the procedures and requirements of this Section. SECTION 17.12.030. PRELIMINARY PLAT PROCEDURES. 1. Application. a. Application for a Preliminary plat shall be filed with the Planning Division on forms prescribed by that office. A Complete application must be filed at least thirty (30) calendar days prior to the date of the Planning Commission meeting at which it is to be considered. b. The application shall be accompanied by a fee of fifty (50) dollars plus ten (10) dollars for each proposed lot, not to exceed two hundred fifty (250) dollars. c. At least five( 5) copies of the Preliminary plat shall be submitted, which shall be prepared by a land surveyor. d. Fifteen copies of the Preliminary plat, photographically reduced to 82" x 11" or 82" x 14 shall accompany the application. e. A list of the names and addresses of all owners of record of property within 300 feet of the external boundaries of the proposed subdivision. f. -Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and the City of Tukwila Ordinance #986, as may be amended thereafter. Said information is a part of and must accompany the Preliminary plat application. 2. Preliminary Plat Requirements. The following shall be part of the Preliminary plat. a. Vicinity Map. Adequate to readily identify the location of the plat in relation to its surrounding vicinity. -8- b. Preliminary Plat. The Preliminary plat shall include all of the following: (1) The subdivision name and number, and the name and address of the land surveyor. (2) The date of preparation, the true north point, a graphic scale and legal description of the property proposed for subdivision. Plats shall be drawn to an appropriate engineering (decimal) scale. (3) All existing conditions shall be delineated. The location, width and names of all existing or prior platted streets or other public open spaces, permanent buildings and structures, and section and municipal corporation lines within or adjacent to the property proposed for subdivision shall be shown. In the case of a resub- division, the lots, blocks, streets, alleys, easements and parks of the original subdivision being vacated, shall be shown by dotted lines in their proper position in relation to the new arrangement of the subdivision; the new subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and water lines, culverts, or other underground facilities within the property proposed for subdivision indicating pipe sizes, grades and exact location as obtained from public records shall be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be indicated by dotted lines for a distance of three hundred (300) feet from the external boundary of the property proposed for subdivision and shall include the existing land use classification. (4) Existing contours (solid) and proposed contours (dotted) at inter- vals of five (5) feet or less and referenced to the United States Coast and Geodetic Survey (U.S.C. &G.S.) datum. All contour lines shall be extended at least one hundred (100) feet beyond the ex- ternal boundaries of the property proposed for subdivision. (5) The names, location, widths, and other dimensions of proposed streets, alleys, easements, parks and otheropen spaces, reservations, and utilities together with the purpose and any conditions or limitations of such reservations clearly indicated. (6) Clearly indicate the source of water supply, method of sewage disposal, and manner of surface run -off control. (7) Indicate the approximate dimensions of each lot and all lot and block numbers. (8) Indicate the acreage of land to be subdivided, the number of lots and the area of the smallest lot. 3. Referral to Other Offices. Upon receipt of a complete and satisfactory Prelim- inary plat application, the Planning Division shall transmit one (1) copy of the Preliminary plat to each of the following offices: Public Works; Building Divi- sion; Fire Department; Police Department; King County Health Department; the appropriate school district; and each public utility agency serving the area in which the property proposed for subdivision is located. Each office or agency may file recommendations with the Planning Division within thirty (30) calendar days from date of Preliminary plat application. -9- 4,. Planning Division Action. a. The Planning Division may determine that a meeting be conducted to resolve major issues identified as a result of departmental recommendations. Such meeting shall be attended by those offices or agencies responsible for the recommendations and must include the applicant and the Planning Division. The proceedings and results of the meeting shall be documented. b. The Planning Division shall assemble and transmit to.the planning Commission all pertinent information, and a recommendation prior to the public bearing. A copy of this report shall be made available to the applicant prior to the public hearing. 5. Planning Commission Public Hearing. The Planning Commission shall conduct a public hearing on any Preliminary plat not less than thirty (30) nor more than sixty (60) calendar days from the date of receipt of a complete Preliminary plat application. 6. Notice of Public Hearing. The Planning Division shall give notice of the time, location, and purpose of the public hearing in the following manner: a. Three (3) notices shall be posted on or adjacent to the land proposed for subdivision at least ten (10) calendar days prior to the public hearing date. b. One (1) notice shall be given in a newspaper of general circulation within the City at least ten (10) calendar days prior to the public hearing date. c. One (1) notice shall be mailed to each owner of property within three hundred (300) feet of the property proposed for subdivision at least fifteen (15) calendar days prior to the public hearing date. d. In the event a Preliminary plat is located within one thousand (1,000) feet of the Tukwila corporate boundary, one (1) notice shall be mailed to the agency of governmental jurisdiction beyond the corporate boundary in that vicinity and at least ten (10) calendar days prior to the public hearing date. 7. Planning Commission Action. a. The Planning Commission shall, after review of the Preliminary plat, Planning Division recommendation, testimony, and exhibits submitted at the public hearing, recommend the City Council approve, conditionally approve, or disapprove the Preliminary plat. The Planning Commission recommendation shall be made at the public meeting or within fifteen (15) calendar days of the public hearing date, unless the applicant agrees to waive such time limit. b. Prior to any approval of the Preliminary plat, all minimum street and utility improvements or reasonable conditions deemed necessary to fulfill the purpose of the subdivision code shall be specified by the Planning Commission and the applicant shall be advised of such. The recommendation, including any changes, improvements or conditions shall be transmitted to the City Council within ten (10) calendar days of the Planning Commission decision. -10- 8. City Council Action. a. Upon receipt of a Planning Commission recommendation, the City Council shall, at its next regular business meeting, consider the Commission's recommendation with respect to the general and specific requirements of the Subdivision Code. b. In the event the Council deems necessary a change in the Commission's recommendation, such change shall not be made until a public hearing is conducted by the Council. Such hearing shall be given public notice and conducted in the manner prescribed for the Planning Commission. c. Approval of a Preliminary plat shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, as required, in strict conformance to the approved Preliminary plat, Design Standards, and any special conditions required by the City Council, and to prepare a Final plat. 9. Expiration of Preliminary Plat. Approval of any Preliminary plat shall expire and become null and void one (1) year from date of such Preliminary plat approval. The City Council may grant one (1) extension of the Preliminary plat approval for a period not to exceed one (1) year. SECTION 17.12.040. FINAL PLAT PROCEDURES. 1. Application. a. Application for Final plat shall be filed with the Planning Division on forms prescribed by that office. b. The application shall be accompanied by a fee of ten (10) dollars for each proposed lot, not to exceed one hundred -fifty (150) dollars. c. The application shall include at least five (5) copies and the reproducible original of the Final plat and shall be prepared by a land surveyor in strict conformance with the Preliminary plat approval. 2. Final Plat Requirements. a. General. (1) The final plat, containing all the information specified in this Section, should be drawn in a neat and legible manner to a scale of one (1) inch representing one hundred (100) feet unless other- wise approved by the Planning Division, and shall be drawn in black drawing ink on eighteen (18) inch by twenty -two (22) inch sheets of high grade polyester drafting film. (2) All documents, maps, survey calculations, and notes shall contain the name of the subdivision, the name of the subdivider and the name of the and surveyor responsible to the subdivider. b. Specific. (1) The final plat shall clearly depict the following information: (a) Date, title, name and location of the subdivision, graphic scale, datum plane, and true north point. -11- (b) The lines and names of all streets or other public ways, parks, playgrounds, easements, reservations, and any area to be dedicated to public use, with notes stating their purpose and any limitations. (c) The lines and names of all existing or platted streets or other public ways, parks, playgrounds and easements adjacent to the Final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. (d) All dimensions along the lines of each lot, with the true bearings and sufficient data necessary to readily determine and reproduce on the ground the location, bearing, and length of very street line, easement line, lot line, block line, and the boundary of the subdivided tract. (e) The lengths and bearings of all straight lines, curve radii, arcs, and semi tangents of all curves. (f) The location of all permanent control monuments based on Lambert coordinates. (g) Suitable primary control points, approved by the Public Works Department, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred. (h) The elevations of all corners on the boundaries of the subdivided tract. ,(i.) A vicinity map of a scale not more than four hundred (400) feet to one( 1) inch and which is sufficient to readily identify the location of the subdivided tract. (2) All dimensions shall be given in feet and decimals of a foot to the nearest one one hundredth (1 /100). All angles and bearings shall be accurately measured in degrees, minutes, and seconds. (3) The Final plat shall be accompanied by an approved printed com- puter plat closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries. Allowable error of closure shall not exceed one foot in five thousand (5 000)• feet. (4) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrange- ment of the plat, the new plat being shown in solid lines so as to avoid ambiguity. (5) The Final plat shall be accompaneid by other sheets showing all utility grades, contours at two (2) foot intervals, and the plat shall be based on U.S.C. &G.S. datum. (6) The Final plat shall be accompanied by the plans and profiles of all street center lines, sanitary sewers, storm sewers and water -12- lines, to the vertical scale of four (4) feet to the inch and horizontal scale of forty ;(40) feet to the inch, on City of Tukwila profile drafting film provided by the Department of Public Works. (7) The Final plat shall also contain a complete legal description of the land to be subdivided. c. Dedications /Certifications. In addition to other requirements specified in this Section, the Final plat shall contain or be accompanied by the following: (1) Dedication of all streets, rights -of -way, parks, playgrounds, easements, reservations, and any area to be dedicated to public use, together with any restrictions or limitations thereon. (2) Certification by the land surveyor that a survey has been made and all required monuments and stakes have been properly set. (3) Certification by the responsible agencies that the methods of sewage disposal and water service are acceptable. (4) Certification by the King County Finance Department that taxes have been paid in accordance with RCW 58.08.030 and .040 and that a deposit has been made with the King County Finance Depart- ment in sufficient amount to pay the taxes for the following year. (5) Certification by the City Treasurer (Finance Director) that there are no delinquent special assessments and that all special assess- ments certified to the City Treasurer (Finance Director) for collection on any property herein contained and dedicated for streets, alleys or other public uses are paid in full. (6) Certification of approval by the Planning Commission, to be signed by the Chairman and Secretary thereof. (7) Certification of approval by the Public Works Department, to be signed by the Director thereof. (8) Certification of approval by the Office of Community Development, to be signed by the Director thereof. (9) The applicant shall furnish the City a plat certificate from a title insurance company decumenting the ownership and title of all interested parties in the plat, subdivision, or dedication and listing all encumbrances. The certificate must be dated within forty -five (45) calendar days prior to the date of City Council approval of the Final plat. 3. Installation of Improvements or Bonding in Lieu of Improvements. a. Required Improvements. Every subdivider may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, street lights and name signs, together with all appurtenances thereto in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. -13- b. Supervision and Inspection. A licensed engineer or engineering firm, unless found to be unacceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. c. Permits. Prior to proceeding with any subdivision improvements, the subdivider shall obtain those permits from the City as are necessary. The subdivider is also responsible for complying with all applicable permit requirements of other federal, state and local agencies. d. Deferred Improvements. A Final plat shall not be approved by the City Council until all required improvements are constructed in a satisfactory manner and approved by the responsible City departments or sufficient bond has been satisfactorily posted in lieu of completion. (1) In the event a subdivider wishes to defer certain on -site improve- ments, written notice shall be made to the Planning Division. The subdivider shall furnish a performance bond to the City in an amount equal to one hundred -fifty (150) percent of the estimatedccgst of the deferred improvements. The decision of the Director of Public Works, regarding the amount of the performance bond, shall be final and conclusive. (2) Time Limit. Such bond, to be filed with and held by the City Clerk, shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements be completed within one (1) year from the date of approval of the Final plat by the City Council. Extensions of this time period may be authorized by the Director of Public Works. In the event an extension is authorized, the bond shall be revised to reflect the new completion date. (3) Check in Lieu of Bond. The subdivider may substitute a certified or cashier's check, assignment of funds or any other method of security acceptable to the City Council in lieu of a performance bond. Such substitution shall be made payable to the City Treasurer (Finance Director) and shall be in the same amount and carry with it the same restrictions as the bond for which it is substituting. (4) Proceed Against Bond or Other Security. The City reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other security in lieu thereof. (5) Binding Upon Applicant. The requirement of the posting of any performance bond or other security shall be binding upon the subdivider, his heirs, successors and assigns. (6) Notification to Planning Division. The Director of Public Works shall notify the Planning Division in writing of the following: The improvements deferred, amount of bond or other security and time limit of such, and any other pertinent information. e. Certificate of Completion. The Director of Public Works shall inform the Planning Division in writing verifying that the subdivider has completed the required installations and /or bonding in accordance with the provisions of this code and the specifications and standards of the departments. -14- 4. Final Plat Review Procedures. a. Referral to Other Departments and Agencies. The Planning Division shall distribute the Final plat to all departments and agencies receiving the Preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. b. Departmental Approval. Within fifteen (15) calendar days of receipt of the Final plat, the Public Works Department shall review the Final plat and submit to the Planning Division a written report with respect to the following considerations: (1) That the proposed Final plat bears the required certificates and statements of approval. (2) That a title insurance report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the plat certificate. (3) That the facilities and improvements required to be provided by the subdivider have been completed or alternatively, that the subdivider has submitted with the proposed Final plat a perfor- mance bond or other security in conformance with Section 17.12.040, Subsection 3.d. (4) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat. c. Submission to Planning Commission. The Planning Division, upon receipt of the Public Works Department report and any other pertinent written comments, shall forward the proposed Final plat and written recommenda- tion thereon to the Planning Commission within thirty (30) calendar days from the date of filing of the proposed Final plat. The Planning Commis- sion shall review the Final plat to insure conformance to the Preliminary plat approval and shall forward the Final plat, together with a recommen- dation, to the City Council within forty -five (45) calendar days from the date of filing of the proposed Final plat. d. City Council Action. The City Council shall, within ninety (90) calendar days from the date of filing of the proposed Final plat, approve or disapprove the proposed Final plat unless the subdivider consents to an extension of such time period. If the Council finds that the proposed plat makes appropriate provisions for the public health, safety, general welfare, and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the Council finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the Council may disapprove the proposed subdivision. e. Filing Final Plat. Before the Final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Office of Community Development. Upon approval by the City Council, it shall be signed by -15- the Mayor and attested by the City Clerk. The Final plat shall be filed with the Department of Records and Elections by the City. f. Extension of the Final Plat Approval Date. Final approval by the City Council of a portion of the Final plat will constitute an automatic extension of one (1) year from said approval date for the remainder of the Final plat. Additional extensions of six (6) months may be granted by the City Council. CHAPTER 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN SECTION 17.16.010. PURPOSE. This Section is established to accomodate the division of land for the purpose of lease and construction while promoting orderly and efficient community growth and preserving the intent of RCW 58.17. SECTION 17.16.020. SCOPE. Any land designated for commercial or industrial development in accordance with Title 18 of the Tukwila Municipal Code and upon which no residential structure will be placed and being divided for the purpose of lease when more than one (1) principal building is to be constructed on one lot of record shall conform to the procedures and requirements of this Section. SECTION 17.16.030. APPLICATION REQUIREMENTS. 1. Application for Binding Site Improvement Plan shall be made with the Planning Division of the Office of Community Development on forms prescribed by that office. Said application shall be accompanied by ten (10) copies of the site improvement plan and one reproducible photographic reduction measuring on 82" x 11" or 82" x 14 2. The site improvement plan shall conform to the following requirements: a. The plan shall be a neat and accurate drawing by a land surveyor on reproducible material at a decimal scale. b. The plan shall identify the location and dimensions of all existing and proposed streets, roads, improvements, utilities, and open spaces. c. The plan shall bear all inscriptions setting forth such appropriate limitations and conditions for the use of the land. 3. The application shall be accompanied by a non refundable fee of fifty (50) dollars plus ten (10) dollars per acre or fraction thereof, but in no case shall the fee be more than five hundred (500) dollars. 4. Environmental information shall be prepared and submitted in accordance with the guidlines established under the State Environmental Policy Act of 1971, as amended, and the City of Tukwila Ordinance #986, as may be amended thereafter. Said information is a part of and must accompany the Binding Site Improvement Plan application. -16- SECTION 17.16.040. REVIEW An application for Binding Site Improvement Plan shall be reviewed and acted upon in the same manner prescribed in Section 17.08.060 for Short Subdivision. SECTION 17.16.050. REQUIRED IMPROVEMENTS. 1. Prior to approval of any Binding Site Improvement Plan, the Short Subdivision Committee shall insure that the following improvements are provided to suffi- ciently service the anticipated uses throughout the proposed plan: a. Adequate water supply; b. Adequate sewage disposal; c. ,Appropriates storm drainage improvements; d. Adequate fire hydrants; e. Appropriate access to all anticipated uses within the plan; f. Provision for all appropriate deed, dedication, and /or easements; g. Monumentation of all exterior tract corners. 2. Any and all improvements required pursuant to #1 above shall be provided in accordance with the requirements of Chapter 17.20, 17.24 and 17.28 of this ordinance, entitled "Design Standards." SECTION 17.16.060. APPROVAL OF PLAN 1. Prior to the Plan being approved, it shall be revised to accurately reflect all required improvements and shall include all applicable inscriptions deemed necessary by the Short Subdivision Committee setting forth such appropriate limitations and conditions for the use of the land. 2. The Plan must be certified for filing by the Chairman of the Short Subdivision Committee before it is filed. 3. Binding Site Improvement Plans shall be filed by the applicant with the Department of Records and Elections and a copy of the recorded instrument shall be returned to the Office of Community Development prior to issuance of any Building Permits for construction within the site. The applicant shall pay all costs associated with this filing. SECTION 17.16.070. CERTIFICATE OF SEGREGATION. 1. Prior to issuance of any Building Permit for construction within an approved Binding Site Improvement Plan, that portion of the plan for which the Building Permit is requested must be legally described and receive a Certificate of Segregation from the Planning Division. Such certificate shall insure the segregation or construction complements the approved Binding Site Improvement Plan and Section 17.04.020 of this code. 2. Prior to the issuance of a building permit for construction within a Binding Site Improvement Plan, all required improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed or bonded one hundred -fifty (150) percent of the estimated cost. SECTION 17.16.080, REVISION OF 'PLAN. Alteration of an approved and recorded Binding Site Improvement Plan shall be accomplished by application as set forth in Section 17.16 and shall be subject to all procedures and requirements established in this. Section. -17- SECTION 17.16.090. APPEAL. The decision of the Short Subdivision Committee shall be final, unless an appeal by any aggrieved party is made to the Planning Commission within ten (10) calendar days of the date of decision of the Short Subdivision Committee. Said appeal shall be in writing to the Planning Commission and filed with the Office of Community Development. The Planning Commission shall act on said appeal within forty (40) calendar days unless an extension thereto is agreed to, in writing, by the applicant. The decision of the Planning Commission shall be final and conclusive unless, within ten (10) calendar days, any aggrieved party files with the City Clerk a written appeal addressed to the City Council. The City Council shall act on said appeal within twenty (20) days of the date of appeal. CHAPTER 17.20 DESIGN STANDARDS FOR THE SUBDIVISION OF LAND SECTION 17.20.010. PURPOSE. It is the purpose of this section to provide for the protection of valuable, irreplaceable environmental amenities and to make urban development as compatible as possible with the ecological balance of the area. Goals are to preserve drainage patterns, protect ground water supply, prevent erosion and to preserve trees and provide vegetation. These are beneficial to the City in lessening the costs of development to the City as a whole, to the subdivider in creating an attractive and quality environment, and in attainment of the goals and objectives of the Tukwila Comprehensive Land Use Policy Plan. SECTION 17.20.020. ENVIRONMENTAL CONSIDERATIONS. 1. Unsuitable Land. Land which the Planning Commission may find to be unsuitable for subdivision due to flooding, poor drainage, excessive slopes, rock forma- tions, high ground water, or features likely to be harmful to the safety and general health of the future residents, shall not be subdivided, unless appro- priate mitigating measures are approved by the Planning Commission and authorized by the City Council. If any portion of the land within the boundary of a Preliminary plat or approved record of survey is subject to flood, or inundation, or is in a flood control zone, according to RCW 86.18, that portion of the subdivision shall have the written approval of the State Department of Ecology before the City Council may review the Final plat. 2. Trees. Every reasonable effort shall be made to preserve existing trees. The Planning Commission shall determine, at the time of Preliminary plat hearing, the necessity of a tree removal /retention plan. Such plan shall accompany the permit application for installation of plat improvements. .In the event improvements are deferred, said plan shall accompany the performance bond or other guarantee. Such tree removal /retention plan shall assure the discriminate removal of significant trees and shall be approved by the Planning Division prior to issuance of permits. 3. Streams. Every effort shall be made to preserve existing streams, bodies of water, marshes and bogs. a. If a stream passes through any of the property to be subdivided, the manner in which the stream is to be treated shall be depicted on the Preliminary plat. b. The enclosure or channelization of streams should be discouraged and allowed only when going under streets, especially where a significant stream environment exists. -18- SECTION 17.20.030. COMPATIBILITY WITH EXISTING LAND USE AND PLANS. 1. Buffer Between Uses. Where residential subdivisions are to be adjacent to multiple family, commercial or industrial land use districts, and where natural separation does not exist, buffer strips shall be provided. 2. Conformity with Existing Plans. The location of all streets shall conform to any adopted plans for streets in the City of Tukwila. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right -of -way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City of Tukwila Ordinances, Resolutions, and Comprehensive Plans. SECTION 17.20.040. GRADING. Prior to any grading within a proposed or approved subdivision, a Grading Permit shall be obtained in accordance with the provisions of Chapter 70 of the Uniform Building Code. SECTION 17.20.050. STREETS. 1. Extension. Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to insure access to neighboring properties. 2. Names. All proposed street names or numbers shall ,be subject to approval by the Office of Community Development. 3. Intersections. Intersections with existing or planned arterials, whether major, secondary or collector, shall be held to a minimum. Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and in so far as practical. CHAPTER 17.24 MINIMUM STANDARDS FOR RESIDENTIAL SUBDIVISION DESIGN SECTION 17.24.010. GENERAL. Any plat, subdivision or dedication for residential use shall be designed in conformance with the provisions of this Section. SECTION 17.24.020. STREET LAYOUT. Street layout should provide for the most advantageous development of the subdi- vision, adjoining areas, and the entire neighborhood. SECTION 17.24.030. PRIVATE ACCESS ROADS. Private access roads may be authorized if (a) allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (b) adequate and reasonable provisions are made for the -19- -future maintenance and repair of the proposed private access roads; (c) the proposed private access roads can accommodate potential full (future) development on the lots created; and (d) the proposed private access roads do not serve more than four (4) lots nor are more than two hundred (200) feet in length. When private access roads are authorized, the easement width shall be a minimun of thirty (30) feet and shall conform to the applicable standards for design alignment set forth in Chapter 17.24.040, paragraph 2. SECTION 17.24.040. PUBLIC RIGHTS -OF -WAY. 1. Right -of -Way Width. Street widths may vary according to function and traffic generated. The following minimum street widths for streets, as defined in the Tukwila Comprehensive Land Use Policy Plan, shall apply unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the Preliminary plat or by the Short Subdivision Committee in the case of Short plats. TYPE OF STREET RIGHT -OF -WAY PAVEMENT Major Arterial 8Q' 60' Secondary Arterial 75' 48' Collector 60' 36' Local Street 50' 30' Cul -De -Sac Roadway 40' 26' Turnaround 80' diameter 60' diameter Alley 20' 15' 2. Design. The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works. a. Street Intersection Offsets. Where street intersections must be offset, such offsets shall not measure less than two hundred -fifty (250) feet from centerline to centerline. b. Cul -de -Sacs. Cul -de -sacs shall not exceed a length of six hundred (600) feet unless authorized in accordance with Section 17.32.010. c. Street Grades. Street grades shall conform to Department of Public Works standards. d. Tangents. Minimum tangents shall conform to Department of Public Works standards. e. Horizontal Curves. Minimum curve radii shall conform to Department of Public Works standards. f. Vertical Curves. Changes in grade shall conform to Department of Public Works standards. 3. Right -of -Way Improvement. All right -of -way improvements shall conform to Department of Public Works standards. -20- 4. Utilities. All utilities designed to serve the subdivision shall be placed underground. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. a. Sanitary Sewers. Unless septic tanks are specifically approved by the appropriate Health Agencies, sanitary sewers shall be provided at no cost to the City and designed in accordance with City standards. b. Storm Drainage. An adequate drainage system shall be provided for the proper drainage of all surface water; the amount of runoff shall be deter- mined by the Rational Method. Cross drains shall be provided to accomo- date all water flow and shall be of sufficient length to permit full width roadway and required slopes. The diameter to be provided shall be deter- mined by Manning's Equation, but in no case shall the inner diameter be less than twelve (12) inches. c. Water System. The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards. 5. Public Use and Service Areas. Due consideration shall be given by the subdivider to the allocation of adequately sized areas for public service or usage. a. Easements. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. b. Community Assets. Due regard shall be shown for all natural features such as large trees, water courses, historical sites and similar community assets which, if preserved, will add amenity and value to the property. 6. Blocks. a. Length. Blocks should not be less than three hundred (300) feet nor more than one thousand (1,000) 'feet in length. Where circumstances warrant, the Planning Commission may require one (1) or more public pathways of not less than six (6) feet nor more than fifteen (15) feet in width dedicated to the City to extend entirely across the width of the block at locations deemed necessary. b. Width. Blocks shall be wide enough to allow two (2) tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a single tier. 7. Lots. a. Arrangement. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street. b. Minimum Size. The size, shape, and orientation of lots shall meet or exceed the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. -21- c. Corner Lots. Corner lots may be r=equired to be platted with additional width to allow for the additional side yard requirements. d. Through Lots. Residential through lots shall be permitted access to only one (1) of those streets, unless otherwise approved by the Department of Public Works. e. Property Corners at Intersections. All lot corners at intersections of dedicated public rights -of -way shall have a minimum radius of twenty -five (25) feet. 8. Other Improvements. a. Monuments. (1) Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monu- ments shall be located as determined by the Department of Public Works. (2) All other lot corners shall be marked with suitable metal or wood markers. b. Street Signs. The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including instal- lation thereof, necessary in the subdivision as requred by the Department of Public Works. CHAPTER 17.28 MINIMUM STANDARDS FOR COMMERCIAL /INDUSTRIAL SUBDIVISION DESIGN SECTION 17.28.010. GENERAL The division of land for commercial or industrial purposes shall conform to the requirements and minimum standards of residential design except as specifically provided in this Section. SECTION 17.28.020. PUBLIC RIGHTS -OF -WAY Rights -of -Way Width. Street widths may vary according to function and traffic generated. The following minimum street widths for streets, as defined in the Tukwila Comprehensive Land Use Policy Plan, shall apply unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the Preliminary plat or by the Short Subdivision Committee in the case of Short plats or Binding Site Improvement Plans. TYPE OF STREET RIGHT -OF -WAY PAVEMENT Collector 75' 60' Local Street 60' 48' Cul -De -Sac Roadway 50' 48' Turnaround 80' diameter 60' diameter Alley 20' 20' -22- SECTION 17.28.030. INCREASED RIGHT -OF -WAY. The City may require that street widths in commercial subdivisions be increased to provide for safe traffic movement and to reduce traffic congestion. SECTION 17.28.040. FULL !WWIDTH IMPROVEMENT. 1. All streets and alleys shall be graded as necessary to conform to Department of Public Works standards. 2. All street and alley surfaces shall be of asphaltic concrete according to Department of Public Works standards. 3. All streets shall have permanent concrete curbs and gutters according to Department of Public Works standards. 4. All streets shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the Preliminary plat. 5. Where deemed necessary by the Planning Commission, sidewalks shall be provided at a minimum of five (5) feet in width. 6. All streets shall have street lighting located and installed in accordance with the standards of the Public Works Department. Street light spacing shall consider the dimensions of adjacent trees at full growth. 7. Where rights -of -way are extended to the boundaries of a plat, such rights -of -way and improvement shall conform to standards for cul -de -sacs. 8. Planting strips within public rights -of -way shall not be less than four (4) feet in width. SECTION 17.28.050. PRIVATE ACCESS ROADS. Private access roads may be authorized if (a) allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (b) adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (c) the proposed private access roads can accommodate potential full (future) development on the lots created. When private access roads are authorized, there shall be a minimum easement width of forty (40) feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works Standards and zoning setbacks be required as though the easement were a public right -of -way. SECTION 17.28.060. PROPERTY CORNERS AT INTERSECTIONS. All lot corners at intersections of dedicated public rights -of -way shall have a minimum radii of fifty (50) feet. SECTION 17.28.070. RAILROADS. Where railroad tracks are to be installed in a subdivision, such tracks and their route shall be shown on the face of the preliminary plat and Binding Site Improve- ment Plan. Locations of such railroad tracks shall be subject to approval by the Department of Public Works. SECTION 17.28.080. BLOCKS. 1. Recommended Length. Blocks should not be less than six hundred (600) feet or more than two thousand (2,000) feet in length. -23- Al 2. Recommended Width. Blocks should not be less than three hundred (300) feet in width, except where fronting on major streets or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a lesser width. Blocks should not be greater than one thousand (1,000) feet in width. SECTION 17.28.090. LOTS. The size, shape and orientation of lots shall meet the minimum areas and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contempalted and shall conform to the following provisions. 1. Arrangement. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 2. Corner Lots. Corner lots may be required to be platted wider than interior lots where deemed necessary by the Planning Commission. 3. Through Lots. Through lots should be permitted access to only one (1) street. CHAPTER 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY SECTION 17.32.010. EXCEPTIONS. 1. Exception Criteria. Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. Any authorization for exception may pre- scribe conditions deemed necessary or desirable for the public interest. An exception shall not be granted unless: a. There are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his land; and b. The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vincinty and under similar circumstances; and c. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 2. Procedures. An application for any exception from this code shall be submitted in writing by the subdivider and shall accompany the application for Short subdivision, Binding Site Improvement Plan, or Preliminary plat. Such applica- tion shall fully state all substantiating facts and evidence pertinent to the request. a. Short Subdivision. A Short Subdivision or Binding Site Improvement Plan exception shall be reviewed by the Short Subdivision Committee in conjunc- tion with review of the Short Subdivision or Binding Site Improvement Plan application. The decision of the Short Subdivision Committee shall be final and conclusive unless appealed in accordance with the appeal procedure established in Section 17.08.060 (3) of this code. -24- b. Preliminary Plat. A Preliminary plat exception shall be considered by the Planning Commission at the same time the public hearing is con- ducted for the Preliminary plat. The Planning Commission shall include in its Preliminary plat recommendation to the City Council a specific recommendation with respect to the exception application together with any conditions deemed necessary thereto. The City Council shall, in conjunction with its consideration of the Planning Commission's Preliminary plat recommendation, consider the Planning Commission's recommendation with respect to the exception application. The decision of the City Council shall be final and conclusive. SECTION 17.32.020. PENALTIES. 1. Any person, firm, corporation or association, or any agent of any person, firm, corporation or association who violates the provisions of this code shall be guilty of a misdemeanor and upon conviction be subject to a fine not to exceed five hundred (500) dollars for each such violation, or impri- sonment for a period not to exceed thirty 30) days, or both such fine and imprisonment. 2. Any person or firm who transfers, sells, or options any land which is under- going platting procedures before such plat or map has been approved by the City of Tukwila, and before the same has been filed for record in the office of the King County Department of Records and Elections shall, upon conviction, be subject to a fine not to exceed three hundred (300) dollars for each such violation, or imprisonment for a period not to exceed thirty (30) days, or both such fine and imprisonment. This provision does not apply when the original subdivider sells the entire parcel to another subdivider. 3. The King County Prosecuting Attorney may initiate an action to enjoin the transfer, sale, agreement, or option by making application for an injunction in the Superior Court. The City of Tukwila may recover said penalty by civil action in any court of competent jurisdiction. SECTION 17.32.030. LIABILITY. City Not Liable. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damamges to anyone injured or damaged either in person or property by and defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. SECTION 17.32.040. SEVERABILITY If any part or portion of this code is determined to be unconstitutional by a court of competent jurisdiction, such determination shall not affect the remainder of this code. -25- Section 1. Repealer. The following are hereby repealed: (a) Ordinance numbers 369, 430, and 554. (b) Tukwila Municipal Code chapters 17.04, 17.08, 17.12 17.24 and 17.28. Section 2. Transfer of Present Ordinance to Different Chapter in the Tukwila Municipal Code. Ordinance Number 507 and Chapter 17.20 of the Tukwila Municipal Code are transferred to and shall be codified as Chapter 13.16 of the Tukwila Municipal Code. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this o7 day of Ea4 1977., Mayor ATTEST: 2��u City Clerk APPROVED AS TO FORM: 114W( 444/( City Attorney PUBLISHED: Record Chronicle, May 8, 1977 -26-