HomeMy WebLinkAboutOrd 1833 - TMC Title 17 "Subdivisions and Plats" - Short Plats of Up to Nine Lots
Cover page to Ordinance 1833
The full text of the ordinance follows this cover page.
Ordinance 1833 was amended or repealed by the following ordinances.
AMENDED REPEALED
Section(s) AmendedAmended by Ord# Section(s) Repealed Repealed by Ord#
1 1 (part) 2740
1971
2124, 2199, 2236,
1 (part) 2499, 2549, 2649,
2677
YL t
k
"V
414 2
rsoa
City
Washington
Ordinance No. /g 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TITLE 17
SUBDIVISIONS AND PLATS; ALLOWING SHORT PLATS OF
UP TO NINE LOTS; UPDATING TUKWILA'S ORDINANCE
TO BE CONSISTENT WITH STATE LAW AND TUKWILA'S
COMPREHENSIVE PLAN; REPEALING ORDINANCE 1014,
ORDINANCE 1770 §16, §17, §18, §19, §20, §22,
ORDINANCE 1599 §6, ORDINANCE 1576 §1, §2, §3, §4,
AND ORDINANCE 1671 §15; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The Growth Management Act and Tukwila's Comprehensive Plan support
residential infill development; and
WHEREAS, increasing the number of lots that can be created through the short plat process will
encourage infill; and
WHEREAS, sections of Tukwila's Subdivision Ordinance are currently inconsistent with
Washington State Subdivision Law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Title 17, Subdivisions and Plats, of the Tukwila Municipal Code is hereby amended
to read as follows:
Title 17
SUBDIVISIONS AND PLATS
Chapters:
17.04 General Provisions.
17.08 Boundary Line Adjustments and Lot Consolidations.
17.12 Detailed Procedures for Short Subdivisions.
17.14 Detailed Procedures for Subdivisions.
17.16 Detailed Procedures for Binding Site Improvement Plan.
17.20 Design and Improvement Standards for the Subdivision of Land.
17.24 Procedures for Public Improvements.
17.28 Exceptions, Penalties, Severability, Liability.
Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Scope, Exemptions.
17.04.040 Definitions.
17.04.050 Dedications.
17.04.060 Survey Content.
17.04.070 Notification of Other Agencies.
17.04.010 Title.
This code shall be known as the "City of Tukwila Subdivision Code."
17.04.020 Purpose.
The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land
in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be
promoted and protected; that orderly growth, development, and the conservation, 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 Plan are furthered through the
subdivision of land.
17.04.030 Scope, Exemptions.
A. The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW.
B. Where this code imposes greater restrictions or higher standards upon the development of land than
other laws, ordinances or restrictive covenants, the provisions of this code shall prevail.
C. Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable in
RCW 58.17.040; PROVIDED THAT, boundary line adjustments and lot consolidations are subject to the
provisions contained in Chapter 17.08; PROVIDED FURTHER THAT binding site improvement plans are
subject to the provisions contained in Chapter 17.16.
17.04.040 Definitions.
The definitions of the zoning code, Chapter 18.06, are hereby adopted by reference.
17.04.050 Dedications.
A. Act of Dedication: The intention to dedicate real property to the public shall be evidenced by
showing the dedication on the plat prepared for approval. All dedications, including easements, rights -of-
way and real property shall be clearly and precisely indicated on the face of the plat. Unless specifically
noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the
dedications.
B. Public Streets: All streets and parcels of land shown on the final plat and intended for public use shall
be offered for dedication for public use, except the approving entity may allow the conveyance of certain
public improvements to be conveyed to a homeowner's association or similar non -profit corporation.
C. Certificate: If the subdivision includes a dedication, the final plat shall include a certificate of
dedication or reference to a separate written instrument which dedicates all required streets and other
areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a
notary public by every person having any ownership interest in the lands divided and recorded as part of
the final plat.
D. Title Report: Every proposed final plat containing a dedication must be accompanied by a title report
confirming that the title of the lands as described and shown on the plat is in the name of the owners
signing the certificate of dedication.
17.04.060 Survey Content.
Whenever a survey is submitted for a short plat or subdivision, the following information shall be
included:
A. The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall
be done to a scale of one (1) inch equals one hundred (100) feet unless otherwise approved by DCD,
and shall be drawn with black drawing ink in record of survey format.
B. Existing features such as rivers, streets, railroads and structures.
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. 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 arrangement of the plat, the new
plat being shown in solid lines so as to avoid ambiguity.
E. Legal description of the subdivision boundaries.
F. A complete survey of the section or sections in which the plat or replat is located, if necessary,
including:
1. All stakes, monuments or other evidence found on the ground and used to determine the
boundaries of the subdivision. Location and monuments found or reset with respect to any established
centerline of streets adjacent to or within the proposed subdivision. All other monuments found or
established in making the survey of this subdivision or required to be installed by provisions of this title.
2. City or County boundary lines when crossing or adjacent to the subdivision.
3. The location and width of streets and easements intersecting the boundary of the tract.
4. Tract, block and lot boundary lines and street rights -of -way and centerlines, with dimensions,
bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot
boundaries and street bearings shall be shown to the nearest second with basis of bearings. All
distances shall be shown to the nearest one hundredth foot.
5. The width and location of existing and proposed easements and rights -of -way.
G. Lot and block numbers beginning with the number one (1) and numbered consecutively without
omission or duplication.
H. Tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for
general development with notes stating their purpose and any limitations.
I. The plat shall include the following statements:
1. A statement to be signed by 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 systems, drainage
systems and other structures.
2. A certificate bearing the printed names of all persons having an interest in the subdivided
land, signed by the persons and acknowledged by them before a notary public, consenting to the
subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated
for public uses, and a waiver by them and their successors of all claims for damages against any
governmental authority arising from the construction and maintenance of public facilities and public
property within the subdivision.
3. A certificate with the seal of and signature of the surveyor responsible for the survey and final
plat with the following statement:
registered as a land surveyor by the State of Washington,
certify that this plat is based on an actual survey of the land described herein,
conducted by me or under my supervision; that the distances, courses and angles are
shown thereon correctly; and that monuments other than those monuments approved
for setting at a later date, have been set and lot corners staked on the ground as
depicted on the plat."
4. Certification from the King County Treasurer that all taxes and assessments for which the
property may be liable have been duly paid, satisfied or discharged as of the date of certification.
5. Certification of examination and approval by the County Assessor.
6. Recording Certificate for completion by the King County Department of Records and
Elections.
7. Certification of Examination and Approval by the Seattle -King County Health Department
when the lot(s) are served by septic system(s).
8. City of Tukwila Finance Director Certificate that states there are no delinquent special
assessments, and that all special assessments on any of the property that is dedicated as streets, alleys
or for other public use are paid in full at the date of certification.
9. Certification by the Public Works Director that the subdivider has complied with one of the
following:
a. All improvements have been installed in accordance with the requirements of this title
and with the preliminary plat approval, and that original and reproducible mylar or electronic records
in a format approved by Public Works and meeting current Public Works drawing standards for road,
utility and drainage construction plans certified by the designing engineer as being "as constructed"
have been submitted for city records.
b. An agreement and bond or other financial security have been executed in accordance
with Section 17.24.030 of this title sufficient to assure completion of required improvements and
construction plans.
10. Certificate of dedication pursuant to TMC 17.04.050(D).
11. For short plats, binding site improvement plans and boundary line adjustments, a certificate of
approval to be signed by the DCD Director, Public Works Director and Fire Chief.
12. For subdivisions, a certificate of approval to be signed by the Mayor and City Clerk.
17.04.070 Notification of other agencies.
Notice of the filing of a preliminary plat 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 preliminary 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
BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS
Sections:
17.08.010 Purpose.
17.08.020 Scope.
17.08.030 Preliminary Approval.
17.08.040 Recording.
17.08.050 Expiration.
17.08.010 Purpose.
It is the intent to provide an efficient and timely process that allows consistent review; to ensure such
actions do not create non conformities with zoning and other city regulations; to provide a permanent
record of boundary line adjustments and lot consolidations; and to ensure appropriate provisions are made
for access and utility easements; in a manner consistent with RCW 58.17.040(6).
17.08.020 Scope.
This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt
from subdivision regulations (58.17.040(6) RCW).
17.08.030 Preliminary Approval.
In order to receive preliminary approval, the applicant must submit to DCD a complete application, in
quantities specified by DCD, and meet the criteria for approval.
A. A complete application consists of the following:
1. A completed application on a form provided by the Department of Community Development
and fee as identified in Chapter 18.88 TMC.
2. A neat and readable plan drawn to a standard decimal (engineer) scale. A survey may be
required if it is determined that level of information is needed to ensure the adjustment meets the
approval criteria. The plan shall show the following information:
a. Property lines, with those that remain in their existing location shown as a solid line,
those that are being moved or removed shown as a dashed line, and those that have been relocated
shown as a solid line and clearly identified as a relocated line.
b. Dimensions of all property lines and area of the lots, before and after the adjustment.
c. Location and floor area of all structures on the site, and their setbacks from existing and
new property lines.
d. Location and purpose of all easements on the site.
e. Location, purpose and legal description of any new or extended easements proposed.
f. Location of adjacent public roads and points of access from the public road(s) if a lot does
not front on a public road, show how and where access is provided.
met.
g.
Location of existing utilities and utility easements.
h. Calculations which demonstrate that required yards of the Uniform Building Code are
3. Before and after legal description of the affected lots.
B. In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee
shall determine the project complies with the following criteria:
1. No additional lots, sites, parcels, tracts or divisions are created.
2. The adjustment will not create non conforming lots with respect to zoning dimension and
area standards, zoning setbacks and lot area coverage standards.
3. The degree of non conformance on existing non conforming lots with respect to zoning
dimension and area standards, zoning setbacks and floor area ratio are not increased.
4. All lots have legal access to a public road. Existing required private access road improvements
and easements are not diminished below subdivision ordinance standards for lots that are served by a
private access road.
5. Existing easements for utilities are appropriate for their intended function, or they are
extended, moved or otherwise altered to an appropriate location.
6. The adjustment does not create any non conformities with respect to the Uniform Building
Code or any other locally administered regulation.
17.08.040 Recording.
After preliminary approval has been granted, an application for final approval shall be submitted to DCD
for final review.
A. A complete final application shall consist of the documents required for recording including:
1. Drawing or survey of the boundary line adjustment.
2. Before and after legal descriptions of the affected lots.
3. Affidavit of ownership.
4. Application on a form provided by the Department of Community Development.
5. Other documentation necessary to demonstrate the conditions of the approval have been met.
B. Upon receiving approval from the City, the applicant will be responsible for picking up the documents
from DCD and recording them with King County Office of Records. A copy of the recorded documents
must be returned to DCD to finalize the approval process. The adjustment shall not be deemed complete
until the City receives these documents.
17.08.050 Expiration.
The boundary line adjustment application shall expire if it has not been recorded within one year from the
date of approval. Upon written request from the applicant prior to the expiration date, the Short
Subdivision Committee is authorized to grant one extension, not to exceed six months.
Chapter 17.12
DETAILED PROCEDURES FOR SHORT SUBDIVISIONS
Sections:
17.12.010 Scope.
17.12.020 Preliminary Short Plat Approval.
17.12.030 Final Short Plat Approval.
17.12.040 Expiration.
17.12.050 Limitations on Further Subdivision.
17.12.060 Contiguous Short Plats.
Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of
TMC 18.108.020.
17.12.010 Scope.
Any land being divided into nine (9) 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, shall meet the requirements of this section.
17.12.020 Preliminary Short Plat Approval.
A. Application /Fees: The following items are required, in quantities specified by DCD, for a complete
Short Plat application for preliminary approval. Items may be waived if in the judgment of the Short
Subdivision Committee they are not applicable to the proposal:
1. Items contained in TMC 18.104.060.
2. Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with
fee as identified in Chapter 18.88 TMC.
3. Completed Application Checklist.
4. A complete SEPA Checklist application if project is not exempt from SEPA.
5. Complete applications for other required land use approvals.
6. A vicinity map showing location of the site.
7. A survey prepared to the standards identified in TMC 17.04.060.
8. Site and development plans which provide the following information:
a. The owners of adjacent land and the names of any adjacent subdivisions.
b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated
should be a dashed line and so noted).
c. Locations of existing and proposed public street rights -of -way and easements and private
access easements.
d. Location, floor area and setbacks of all existing structures on the site.
e. Lot area, lot line dimensions and average widths for each lot.
f. Location of proposed new property lines and numbering of each lot.
g. Location, dimension and purpose of existing and proposed easements. Provide recorded
documents which identify the nature and extent of existing easements.
h. Location of any proposed dedications.
i. Existing and proposed topography at two (2) foot contour intervals, extending to five (5)
feet beyond the project boundaries.
j. Location of any sensitive areas and sensitive area buffers (slopes twenty percent (20 or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a sensitive area or its buffer or the
shoreline zone unless none of these trees are to be removed and their location is not likely to create
undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC).
1. Location of existing and /or proposed fire hydrants to serve the project.
m. Description, location and size of existing and proposed utilities, storm drainage facilities
and roads to serve the lots.
n. Expected location of new buildings and driveways, including finished floor elevations of
the buildings.
9. Letter of water and sewer availability if the provider is other than the City of Tukwila.
B. Review Procedures:
1. Referral to Other Departments: Upon receipt of an application for a short subdivision, the
Department of Community Development shall transmit one copy of the application to each member of
the Short Subdivision Committee, and one copy to any department or agency deemed necessary.
2. Short Subdivision Committee Decision: The Short Subdivision Committee may approve,
approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit
procedures. No formal meeting of the Committee is required so long as the Chair obtains the
recommendations and consent of the other members of the Committee before issuing a decision.
C. Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its decision
on an application on the following criteria:
1. The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any
other such adopted plans.
2. Appropriate provisions have been made for water, storm drainage, erosion control and
sanitary sewage disposal for the short plat which are consistent with current standards and plans.
3. Appropriate provisions have been made for road, utilities and other improvements which are
consistent with current standards and plans.
4. Appropriate provisions have been made for dedications, easements and reservations.
5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for
which the lots are intended and are compatible with the area in which they are located.
6. Appropriate provisions for the maintenance of commonly owned private facilities have been
made.
7. The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance.
8. The short plat complies with the requirements of the Tukwila Zoning Ordinance and other
relevant local regulations.
17.12.030 Final Short Plat Approval.
A. Application: The following items are required, in quantities specified by DCD, for a complete
application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision
Committee said items are not applicable to the particular proposal:
1. Completed Short Plat Final Approval Form.
2. Completed Application Checklist.
3. Documentation of the square footage of each lot and mathematical boundary closure of the
subdivision, of each lot and block, of street centerlines, showing the error of closure, if any.
4. A final survey which complies with the standards set forth in TMC 17.04.060 and with all
certificates signed except for those to be signed by the City and those to be signed at recording.
5. A title insurance report confirming that 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.
6. A bond in a form acceptable to the City Attorney pursuant to TMC 17.24.030 if
improvements are to be deferred.
7. Legal descriptions of all the tracts located within the boundaries of the short plat.
8. As -built plans for all new roads and utilities.
9. Binding maintenance agreements to provide for the maintenance of commonly owned private
facilities.
10. Signatures on the following certificates on the face of the plat (when appropriate) from the
surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department,
City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC
17.04.060(I).
B. Final Approval Review Procedures:
1. The Short Subdivision Committee may grant final approval of the short subdivision when they
find the criteria listed in subsection "C" below have been met. No formal meeting of the Committee is
required so long as the Chair obtains the recommendations and consent of the other members of the
Committee before issuing a decision.
2. Upon final approval of the short plat, the applicant shall record the plat and all other relevant
documents with the King County Department of Records and Elections. The subdivider is responsible
for paying the recording fee(s). Upon completion of recording, the applicant shall provide DCD with a
copy of the recorded documents. The short plat shall not be considered final until these documents
have been provided to DCD.
C. Criteria for Approval: To grant final approval of a short plat, the Short Subdivision Committee must
determine that it meets the following decision criteria:
1. All requirements for short plats as set forth in the Subdivision Code are met.
2. All terms of the preliminary short plat approval have been met.
3. The requirements of Chapter 58.17 RCW, other applicable state laws, and any other applicable
City ordinances have been met.
4. All required improvements have been installed in accordance with City standards or an
improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by
the applicant and accepted by the City.
5. That the plat is technically correct and accurate as certified by the land surveyor responsible for
the plat.
17.12.040 Expiration.
If the short plat is not recorded within one (1) year of the date of preliminary short plat approval, the short
plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the
Short Subdivision Committee may grant one extension of not more than one (1) year.
17.12.050 Limitations on Further Subdivision.
Any land subdivided under the requirements of this chapter shall not be further divided for a period of
five years without following the procedures for subdivision, except when the short plat contains fewer lots
than allowed for a short plat, in which case an additional short plat may be approved if the total number
of lots within the boundaries of the original short plat does not exceed nine (9).
17.12.060 Contiguous Short Plats.
No application for a short plat shall be approved if the land being divided is held in common ownership
with a contiguous parcel which has been divided in a short plat within the preceding five years and the
total number of lots created in both short plats would excee4 nine. When the total number of lots
exceeds four but is less than ten, the paving, curb, gutter and sidewalk shall be provided per TMC
17.20.030(C)(6)(c).
Chapter 17.14
DETAILED PROCEDURES FOR SUBDIVISIONS
Sections:
17.14.010 Scope.
17.14.020 Preliminary Plat.
17.14.030 Final Plat.
17.14.040 Phasing.
17.14.050 Expiration.
17.14.010 Scope.
Any land being divided into ten (10) 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 years and is not eligible for further short platting pursuant to
Section 17.12.100 shall conform to the procedures and requirements of this section.
17.14.020 Preliminary Plat.
Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of
TMC 18.108.050.
A. Application: The following items are required, in quantities specified by DCD, for a complete
application for preliminary short plat approval. Items may be waived if in the judgment of the DCD
Director the items are not applicable to the particular proposal:
1. Completed Preliminary Plat Application Form and fee as identified in Chapter 18.88 TMC.
2. Completed Application Checklist.
3. A complete SEPA Checklist application if project is not exempt from SEPA.
4. Complete applications for other required land use approvals.
5. A vicinity map showing location of the site.
6. A survey prepared to the standards identified in TMC 17.04.060.
7. All existing conditions shall be delineated. Site and development plans shall provide the
following information:
a. Owners of adjacent land and the names of any adjacent subdivisions.
b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated
should be a dashed line and so noted).
c. Approximate names, locations, widths and dimensions of existing and proposed, public
street rights -of -way and easements and private access easements, parks and other open spaces,
reservations, and utilities.
d. Location, floor area and setbacks of all existing structures on the site.
e. Lot area, dimensions and average widths for each lot.
f. Location of proposed new property lines and numbering of each lot.
g. Location, dimension and purpose of existing and proposed easements. Provide recorded
documents which identify the nature and extent of existing easements.
control.
h. Location of any proposed dedications.
i. Existing and proposed topography at two foot contour intervals extending to five feet
beyond project boundaries.
j. Location of any sensitive areas and sensitive area buffers (slopes twenty percent (20 or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a sensitive area or its buffer or the
shoreline zone unless none of these trees are to be removed and their location is not likely to create
undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC).
1. Source of water supply, method of sewage disposal, and manner of surface runoff
m. Location of existing and proposed fire hydrants to serve the project.
n. Description, location and size of existing and proposed utilities, storm drainage facilities
and roads to serve the lots.
o. A survey of existing trees and vegetation with a retention /removal plan for the
preservation of significant trees and vegetation.
p. Expected location of new buildings, their driveways and finished floor elevations.
8. Letter of water and sewer availability if the provider is other than the City of Tukwila.
9. King County Assessor's maps which show the location of each property within five hundred
(500) feet of the subdivision; three sets of mailing labels for all property owners and tenants (residents or
businesses) within five hundred (500) feet of the subdivision.
10. Items required by TMC 18.104.060 not already listed above.
B. Review Procedures:
1. Referral to Other Offices: Upon receipt of a complete preliminary plat application, the
Department of Community Development shall transmit a notice of application and one copy of the
preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, 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.
2. Public Notice and Public Hearing: The process for public notice, hearings, decisions and appeals
shall be as provided for Type 5 decisions as identified in Title 18.
C. Criteria for Preliminary Plat Approval: The City Council shall base its decision on an application for
preliminary plat approval on the following criteria:
1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any
other City adopted plans.
2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary
sewage disposal for the subdivision which are consistent with current standards and plans.
3. Appropriate provisions have been made for road, utilities and other improvements which are
consistent with current standards and plans.
4. Appropriate provisions have been made for dedications, easements and reservations.
5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for
which the lots are intended and are compatible with the area in which they are located.
6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning
Ordinances, and all other relevant local regulations.
7. Appropriate provisions for maintenance of privately owned common facilities have been made.
8. The subdivision complies with RCW 58.17.110.
17.14.030 Final Plat.
A. Application: The following items are required, in quantities specified by DCD, for a complete
application for final plat approval. Items may be waived if in the judgment of the DCD Director said items
are not applicable to the particular proposal:
1. Completed Application Form and fee as identified in Chapter 18.88 TMC.
2. Completed Application Checklist.
3. Copies and one original of the final plat survey in conformance with the standards set forth in
17.04.060.
4. A plat certificate from a title insurance company documenting 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 filing the application for final plat
approval.
5. Private covenants intended to be recorded with the plat.
6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been
met.
7. King County Assessor's maps which shows the location of each property within five hundred
(500) feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or
businesses) within five hundred (500) feet of the subdivision.
8. Maintenance agreements, easements and other documents ready for recording.
9. Signatures on the following certificates on the face of the plat (when appropriate) from the
surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City
of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC
17.04.060(I).
B. Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5
decision subject to the provisions of TMC 18.108.050.
1. Referral to Other Departments and Agencies: The Department of Community Development
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.
2. Departmental Approval: The Public Works Department and other interested departments and
agencies shall review the final plat and submit to the Department of Community Development written
comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works
Director shall sign the appropriate certificates on the mylar original.
3. 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 Department of
Community Development. Upon approval by the City Council, it shall be signed by the Mayor and
attested by the City Clerk.
The applicant shall file the final plat with the Department of Records and Elections. The plat will be
considered complete when a copy of the recorded documents is returned to the Department of
Community Development.
C. Criteria for Final Plat Approval: In approving the final plat, the City Council shall find:
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(s) whose signature(s) 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 performance
bond or other security in conformance with TMC 17.24.030.
4. That the plat is certified as accurate by the land surveyor responsible for the plat.
5. That the plat is in conformance with the approved preliminary plat.
6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local
laws which were in effect at the time of preliminary plat approval.
17.14.040 Phasing.
The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be
submitted for City Council review at the time at which a final plat for the first phase is submitted.
Approval of the phasing plan shall be based upon making the following findings:
A. The phasing plan includes all land contained within the approved preliminary plat, including areas
where off -site improvements are being made.
B. The sequence and timing of development is identified on a map.
C. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards
on its own. The phase cannot rely on future phases for meeting any City codes.
D. Each phase provides adequate circulation and utilities. Public Works has determined that all street
and other public improvements, including but not limited to drainage and erosion control improvements
are assured. Deferment of improvements may be allowed pursuant to Chapter 17.24 TMC.
E. All phases shall be recorded within the five (5) year life of the preliminary plat, unless an extension is
granted.
17.14.050 Expiration.
The subdivision shall expire unless a complete application for final plat approval is submitted within five
(5) years from the date of preliminary plat approval. The City Council may approve one extension not to
exceed one (1) year.
Chapter 17.16
DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP)
Sections:
17.16.010 Purpose.
17.16.020 Scope.
17.16.030 Preliminary Binding Site Improvement Plan (BSIP) Approval.
17.16.040 Final Approval of Plan.
17.16.050 Improvements.
17.16.060 Revision of Plan.
17.16.010 Purpose.
This chapter is established to accommodate the division of land for the purpose of sale or lease of property
within an integrated commercial or industrial center, which allows certain zoning standards (minimum
parking, setbacks, landscaping, lot area and lot dimension) on the individual lots to be modified provided
the standards for the entire center are met.
17.16.020 Scope.
A binding site improvement plan application may be submitted for a project located on any land zoned
commercial or industrial, which is being divided for the purpose of sale or lease consistent with the terms
of this chapter.
17.16.030 Preliminary Binding Site Improvement Plan (BSIP) Approval.
A. Application/Fees: The following items are required, in quantities specified by DCD, for a complete
Binding Site Improvement Plan (BSIP) application. Items may be waived if in the judgment of the Short
Subdivision Committee said items are not applicable to the particular proposal:
1. Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director
with fee as identified in Chapter 18.88 TMC.
2. Completed Application Checklist.
3. A complete SEPA Checklist application if project is not exempt from SEPA.
4. Complete applications for other required land use approvals.
5. A vicinity map showing location of the site.
6. A survey prepared to the standards specified in TMC 17.04.060.
7. Site and development plans which provide the following information. The plans shall be neat
and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP meets the ordinance
requirements, on mylar sheets in record of survey format:
a. The owners of adjacent land and the names of any adjacent subdivisions.
b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated
should be a dashed line and so noted).
c. Locations of existing and proposed public street rights -of -way and easements and private
access easements.
d. Location, floor area and setbacks of all existing structures on the site.
e. Lot area, lot line dimensions and average widths for each lot.
f. Location of proposed new property lines and numbering of each lot.
g. Location, dimension and purpose of existing and proposed easements. Provide recorded
documents which identify the nature and extent of existing easements.
h. Location of proposed dedications.
i. Existing and proposed topography at two foot contour intervals extending to five feet
beyond the project boundaries.
j. Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or
watercourses) on the site.
k. Location, size and species of any trees located within a sensitive area or its buffer or the
shoreline zone unless none of these trees are to be removed and their location is not likely to create
undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC).
1. Location of existing and /or proposed fire hydrants to serve the project.
m. Description, location and size of existing and proposed utilities, storm drainage facilities
and roads to serve the lots.
n. Expected location of new buildings and driveways, including finished floor elevations of
the buildings.
8. Letter of water and sewer availability if the provider is other than the City of Tukwila.
9. Parking calculations to demonstrate that the requirements of Chapter 18.56 have been met.
10. Proposed cross easement and maintenance agreement for shared parking, circulation, utility and
landscaping improvements.
11. Legal descriptions of all tracts located within the boundaries of the short plat.
12. Items contained in TMC 18.104.060 not already listed above.
B. Review Procedures: An application for binding site improvement plan shall be reviewed and acted
upon in the same manner prescribed in Section 17.12.020 (B) for short subdivisions.
C. Approval Criteria:
1. Prior to approval of any binding site improvement plan, the Short Subdivision Committee shall
insure that the following improvements are provided to sufficiently service the anticipated uses
throughout the proposed plan and the decision criteria that follow are met:
a. Adequate water supply.
b. Adequate sewage disposal.
c. Appropriate 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. The site is zoned commercial or industrial and meets the definition of an integrated site.
3. Appropriate easements and maintenance agreements for shared facilities, including but not
limited to, circulation, parking, utilities and landscaping, have been provided.
4. When taken as a whole, and not considering any interior lot lines, the integrated site meets all
the zoning and subdivision requirements.
5. Modifications to the minimum zoning standards for individual lots located within the integrated
site, including setbacks, parking, landscaping, lot area and lot dimension are not detrimental to the public
health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the
vicinity.
6. Common improvements necessary to serve any particular phase of development must be
sufficient for meeting the zoning and subdivision requirements for that phase.
7. Access to the integrated site meets the subdivision ordinance standards. Access within the site
provides for safe and efficient circulation and meets Fire Department access requirements.
8. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site
from the street and from building to building within the site.
9. The sign regulations shall be applied to the integrated site as a whole. For example, the number
of freestanding signs allowed is based on one site within the binding site improvement plan. Individual
ownerships within the integrated site are not considered to be separate sites in determining the number of
freestanding signs allowed.
10. The yard requirements of the Uniform Building Code are met.
17.16.040 Final Approval of Plan.
A. Prior to the plan being granted final approval a survey, prepared by a licensed surveyor to the
standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the
final plan. The survey and plan shall be consistent with the preliminary approval.
B. Once the Short Subdivision Committee determines the survey, plan and other documents for
recording are consistent with the preliminary approval, it will be certified for filing by the chair of the
Short Subdivision Committee.
C. After being certified for filing by the Short Subdivision Committee, binding site improvement plans
and survey shall be filed by the applicant with the King County Department of Records and Elections, and
a copy of the recorded documents shall be returned to the Department 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.
17.16.050 Improvements.
Prior to the issuance of a building permit for construction within a binding site improvement plan, all
improvements required to adequately service that portion of the plan for which the building permit will
be issued shall be installed or bonded in accordance with TMC 17.24.030.
17.16.060 Revision of Plan.
Alteration of an approved and recorded binding site improvement plan shall be accomplished by
application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to
all procedures and requirements established in this chapter.
Chapter 17.20
DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND
Sections:
17.20.010 Applicability.
17.20.020 Improvements, Supervision, Inspections and Permits Required.
17.20.030 General Standards.
17.20.010 Applicability.
The standards contained in this chapter are to be used as the basic standards for addressing the approval
criteria for subdivisions, short plats, boundary line adjustments and binding site improvement plans. The
decision making entity may require additional standards be met if it is determined necessary to meet the
approval criteria for a particular application.
17.20.020 Improvements, Supervision, Inspections and Permits Required.
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, fire hydrants,
street lights and name signs, together with all appurtenances in accordance with specifications and
standards of this code, approved by the Public Works Department, and in accordance with other
standards of the City.
B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable 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.
17.20.030 General Standards.
A. Environmental Considerations:
1. Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood
zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and
requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development
overlay if required pursuant to Chapter 18.46, and /or the flood zone control ordinance, Chapter 16.52.
No lot shall be created that does not contain an adequate building site, given the environmental
considerations of the lot and current development standards.
2. Trees: In addition to meeting the requirements of the tree ordinance (Ch. 18.54), every
reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the
subdivision's design.
B. Compatibility with Existing Land Use and Plans:
1. Buffer Between Uses: Where single family residential subdivisions are to be adjacent to multiple
family, commercial or industrial land use districts, and where natural separation does not exist, adequate
landscape buffer strips and /or solid fences for screening shall be provided.
2. Conformity with Existing Plans: The location of all streets shall conform to any adopted plans for
streets in the City. 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 ordinances, resolutions, and comprehensive plans.
3. Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the
event of a conflict, the more restrictive regulation shall apply.
4. If a subdivision, short plat, or boundary line adjustment in a residential zone would result in an
accessory structure remaining alone on a lot, the structure must be demolished before preliminary
approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the
amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if
a residence is not built on the lot within 12 months of final approval.
C. 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 ensure
access to neighboring properties. The City's goal is to have an integrated system of local streets whenever
practical. Grading of steep topography may be necessary to achieve this objective. However, in sensitive
areas, the layout and construction of streets shall follow the standards and procedures of the sensitive
areas overlay zone. Dedication of additional right -of -way may be required for a short plat when it is
necessary to meet the minimum street width standards or when lack of such dedication would cause or
contribute to an unsafe road or intersection.
2. Names: All proposed street names or numbers shall be subject to approval by the Department of
Community Development.
3. Intersections: Any intersection of public streets, whatever the classification, shall be at right
angles as nearly as possible and not be offset insofar as practical.
4. Street Layout: Street layout shall provide for the most advantageous development of the
subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into
consideration potential circulation solutions. While it is important to minimize the impact to the
topography from creating an integrated road system, improved site development and circulation solutions
shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where
sensitive areas are impacted, the standards and procedures for rights -of -way in the sensitive areas overlay
zone shall be followed.
5. 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; and
d. For residential subdivisions, the proposed private access roads do not serve more than
four (4) lots nor are more than two hundred (200) feet in length. Those access roads one hundred and
fifty (150) feet or greater in length shall have a turn around built to Fire Department standards.
e. For commercial and industrial subdivisions, 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 shall be required as though the easement
were a public right -of -way.
6. Public Roads:
a. Right -of -way and paving widths for public roads shall be based on the table below. The
minimum paving and right -of -way width shall be used unless the City Engineer demonstrates a wider
width is needed due to site circumstances, including but not limited to topography, traffic volume,
street patterns, on- street parking, lot patterns, land use and bike and transit facilities, that justify an
increase in width.
Type of Street
Principal Arterial
Minor Arterial
Collector Arterial
Access Road
Cul -De -Sac
Roadway
Turnaround (single family)
Turnaround
(multi- family, commercial)
Alley
Private Access Roads
Residential
Commercial
Right -of -Way
80 100 feet
60 80 feet
60 80 feet
50 60 feet
40 feet
80 feet (diameter)
92 feet (diameter)
20 feet 15 feet
20 feet
40 feet
Roadway Pavement
48 84 feet
36 64 feet
24 48 feet
28 36 feet
26 feet
60 feet (diameter)
81 feet (diameter)
20 feet
28 feet
b. Design: The design and alignment of all public streets shall conform to the following
standards unless otherwise approved by the Department of Public Works:
1) Cul -de -sacs: Cul -de -sacs are not allowed unless there is no reasonable alternative or
the cul -de -sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length
of six hundred (600) feet unless the City Council determines that adequate alternative emergency access
will be provided.
2) Street Grades: Street grades shall not exceed fifteen percent (15 However,
provided there are no vehicular access points, grades may be allowed up to eighteen percent (18%), for
not more than two hundred (200) feet when:
a) Exceeding the grades would facilitate a through street and connection with the
larger neighborhood;
b) The greater grade would minimize disturbance of sensitive slopes;
c) The Fire Marshal grants approval of the grade transition; and
d) Tangents, horizontal curves, vertical curves, and right -of -way improvements
conform to Department of Public Works standards.
c. Full Width Improvement: When interior to a subdivision or a short plat of five or more lots,
all publicly owned streets shall be designed and installed to full width improvement as provided below:
1) Shall be graded as necessary to conform to Department of Public Works standards.
2) Shall be of asphaltic concrete according to Department of Public Works standards.
3) Shall have permanent concrete curbs and gutters according to Department of Public
Works standards.
4) 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.
TMC.
5) Shall have sidewalks provided at a minimum width as specified in Chapter 11.18
d. Full Width Improvement: When interior to a short plat of four or fewer lots, all public
streets and all privately owned streets that have the potential to serve five or more lots shall be designed
and installed to full width improvement as provided below:
1) Shall be graded as necessary to conform to Department of Public Works standards.
2) Shall be of asphaltic concrete according to Department of Public Works standards.
3) Shall provide storm drainage to be approved by the Department of Public Works.
4) Shall provide sidewalk right -of -way or easements at a minimum width as specified in
Chapter 11.18 TMC.
5) Shall construct or provide L.I.D. no- protest agreements for permanent concrete curbs,
gutters, and sidewalks according to Department of Public Works standards.
6) Shall be dedicated to the City or subject to a binding agreement for future dedication.
e. Full Width Improvement: All privately owned roads that will serve four or fewer houses
shall be designed and installed to full width improvement as provided below:
1) Shall be graded as necessary to conform to Department of Public Works standards.
2) Shall be of asphaltic concrete according to Department of Public Works standards.
3) Shall provide storm drainage to be approved by the Department of Public Works.
f. Half Width Improvement: Streets abutting the perimeter of a subdivision or short plat of
five or more lots shall provide the full improvements on the half of the street adjacent to the site, provided
additional paving may be required to ensure safe and efficient roads exist to serve the subdivision;
provided further that there are no physical obstructions to completing the other half of the roadway; and
that there is a minimum of twenty (20) feet of paving.
If the future grade or alignment of the adjacent public street is unknown and it is not feasible to establish
the grade in a reasonable period or the immediate improvement of the street would result in a short,
isolated segment of improved street and similar street improvements in the vicinity are unlikely to occur
within 6 (six) years the City may approve a delay of improvements. The owner(s) must agree to enter
into a binding L.I.D. no- protest agreement to further improve the street to full public street standards in
the future, however adjacent streets must still be improved to the minimum level necessary, in the
judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or
short plat.
Streets abutting the perimeter of a short plat of four or fewer lots shall provide L.I.D. no- protest
agreements for construction of frontal improvements on the half of the street adjacent to the site, provided
that there is a minimum of twenty (20) feet of paving.
D. Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located
within a sensitive area, shall be designed to meet the standards of the sensitive areas overlay zone. 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. Easements may be required for the maintenance and operation of
utilities as specified by the Public Works Department.
1. Sanitary Sewers: Sanitary sewers shall be provided to each lot at no cost to the City and
designed in accordance with City standards. Septic systems may be installed when approved by the
Seattle -King County Department of Public Health and when the existing sewer system will not be
available to the lot within the life of the preliminary approval.
2. Storm Drainage: The storm drainage collection system shall meet the requirements of the City's
stormwater ordinance standards (Ordinance #1755).
3. Water System: Each lot within a proposed subdivision shall be served by a water distribution
system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates
shall be in accordance with City standards and the Uniform Fire Code.
E. Blocks:
1. Length: Residential blocks should not be less than three hundred (300) feet nor more than one
thousand (1,000) feet in length, (six hundred (600) two thousand (2,000) feet for commercial and
industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive
Plan, the Planning Commission may require one or more public pathways of not less than six (6) feet nor
more than fifteen (15) feet in width, either by dedication or easement, to extend entirely across the width
of the block to connect public rights -of -way.
2. Width: Blocks shall be wide enough to allow two tiers of lots, except where abutting a major
street or prevented by topographical conditions or size of the property, in which case the City Council
may approve a single tier.
3. Pedestrian Considerations: Blocks, roads and pedestrian improvements shall be designed to
provide a safe and convenient pedestrian network.
F. Lots:
1. 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 that is approved at the time of plat
review; however, rather than designing flag lots, access shall be accomplished with common drive
easements.
2. Lot Design: The lot area, width, shape, and orientation shall be appropriate for the location of
the subdivision, for the type of development and land use contemplated, and shall conform with the
requirements of the zoning ordinance.
3. Corner Lots: Corner lots may be required to be platted with additional width to allow for the
additional side yard requirements.
G. Landscaping:
1. Each lot within a new subdivision or short plat of five (5) lots or greater shall be landscaped with
at least one (1) tree in the front yard to create a uniform streetscape.
2. Landscaping shall conform with Public Work standards.
H. Street Signs: The subdivider shall be responsible for the initial cost of any street name or number
signs, or street markings, including installation thereof, that Public Works finds necessary for the
subdivision.
I. Lighting: Street lighting shall conform to the Department of Public Works standards unless the City
Council requires alternative fixtures, poles, and /or spacing to contribute to an overall design concept of
the subdivision.
J. Monumentation:
1. Imprinted Monument: All monuments set in subdivisions shall be at least one -half (1/2) inch x
twenty -four (24) inch steel bar or rod, or equivalent, with durable cap imprinted with the license number
of the land surveyor setting the monument.
2. Centerline Monument: After paving, except as provided in subsection five (5) below,
monuments shall be driven flush with the finished road surface at the following intersections:
a. Centerline intersections.
b. Points of intersection of curves if placement falls within the paved area; otherwise, at the
beginnings and endings of curves.
c. Intersections of the plat boundaries and street center lines.
3. Property Line Monumentation: All front corners, rear corners, and beginnings and endings of
curbs shall be set with monuments, except as provided in subsection (5) below. In cases where street
curbs are concentric and /or parallel with front right -of -way lines, front property line monumentation may
be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side
property lines. If curb monumentation is used, it shall be noted on the plat, and also that such
monumentation is good for projection of line only and not for distance.
4. Post monumentation: All monuments for exterior boundaries of the subdivision shall be set and
referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if
the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision
construction inspection by the Department of Public Works, and if the developer guarantees such interior
monumentation.
5. Post monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as
provided in subsection (3) above, the Public Works Director may accept a bond in an amount and with
surety and conditions satisfactory to the Director, or other secure method as the Public Works Director
may require, providing for and securing the actual setting of the interior monuments.
Chapter 17.24
PROCEDURES FOR PUBLIC IMPROVEMENTS
Sections:
17.24.010
17.24.020
17.24.030
Plans and Permits Required for Public Improvements.
Process for Installing Public Improvements.
Improvement Agreements and Financial Guarantees.
17.24.010 Plans and Permits Required for Public Improvements.
Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment
shall constitute approval for the applicant to develop construction plans and specifications, for all facilities
and improvements, in substantial conformance to the preliminary approval, design standards, and any
special conditions required by the City Council; to obtain permits and complete installation for said
improvements; and to prepare a final plat, plans, surveys and other documents for recording.
Prior to installing improvements, the developer shall apply for all required permits for those
improvements. The applications shall include development plans as specified on the application form.
17.24.020 Process for Installing Public Improvements.
Improvements installed by the developer of the subdivision or short plat, either as a requirement or of the
subdividers own option, shall conform to the requirements of this title and improvement standards,
specifications, inspections and procedures as set forth by the Department of Public Works, and shall be
installed in accordance with the following procedures:
A. Work shall not be commenced until plans have been checked for adequacy and approved by Public
Works to the extent necessary for the evaluation of the subdivision or short plat proposal. The plans may
be required before approval of the final plat, if improvements are to be deferred. Plans shall be prepared
in accordance with the requirements of the City.
B. Work shall not commence until Public Works has been notified in advance and if work has been
discontinued for any reason, it shall not be resumed until Public Works has been notified.
C. Public improvements shall be constructed under the inspection and to the satisfaction of the Director
of Public Works. The City may require changes in typical sections and details if unusual conditions arise
during construction to warrant the change.
D. All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of
the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service
connections and underground utilities and sanitary sewers shall be placed to a length obviating the
necessity for disturbing the street improvements when surface connections are made.
E. Plans showing all improvements as built shall be filed with the City upon completion of the
improvements.
17.24.030 Improvement Agreements and Financial Guarantees.
A. Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is
finally approved, the subdivider shall install required improvements and replace or repair any such
improvements which are damaged in the development of the subdivision. In lieu of installation of all
required improvements, the subdivider may execute and file with the City an agreement guaranteeing
completion of such improvements together with any needed replacement or repair. The agreement shall:
1. Specify the period of time within which all work required shall be completed. The time for
completion shall not exceed one (1) year from the date of final approval of the subdivision. The
agreement may provide for reasonable extensions of time for completion of work. Extensions must be
requested, approved by the City Council, and properly secured in advance of the required initial
completion date.
2. Require notice by the subdivider to the Public Works Director promptly upon completion of all
required improvements.
3. Provide for notice of approval or disapproval by the Public Works Director of the improvement
within a reasonable time after receiving notice of completion.
4. Require financial security to be provided by the subdivider pursuant to subsection "C" below.
5. Provide that if the subdivider fails to complete all required work within the period specified, the
City may take steps to demand performance of the developer's obligation within a reasonable time not to
exceed ninety (90) days from the date of demand.
6. Provide that if the required improvements are not completed within that time, the City may take
action to require the subdivider forfeit the financial security.
7. Provide that the City shall be entitled to recover all costs of such action including reasonable
attorney's fees.
8. Provide that following recovery of the proceeds of the financial security, those proceeds shall be
used to complete the required improvements and pay the costs incurred.
9. Provide that should the proceeds of the financial security be insufficient for completion of the
work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider.
B. Regardless of whether all required improvements are completed prior to final approval of any
subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure
successful operation of said improvements. The agreement shall:
1. Require the subdivider to post a bond or other financial security to secure successful operation of
all required improvements and full performance of the developer's maintenance obligation. Such financial
security shall be effective for a two -year period following approval of installation of all required
improvements.
2. Require the subdivider to perform maintenance functions on drainage improvements for a period
of time not to exceed two years from approval of their completion or final plat approval, whichever is
later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably
related to the burdens which the subdivision will impose on drainage facilities during the time
maintenance is required. The City Council may agree to accept and perform maintenance of the
improvements, in which case the subdivider's obligation to perform maintenance functions shall
terminate.
3. Not relieve the subdivider of liability for the defective condition of any required improvements
discovered following the effective term of the security given.
4. Provide a waiver by the subdivider of all claims for damages against any governmental authority
which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets
and other improvements.
C. To assure full performance of the agreements required herein, the subdivider shall provide one or
more of the following in a form approved by the City Attorney:
1. A surety bond executed by a surety company authorized to transact business in the State of
Washington.
2. An irrevocable letter of credit from a financial institution stating that the money is held for the
purpose of development of the stated project.
3. An assignment of account with a financial institution which holds the money in an account until
such time the City signs a written release. The assignment of account will allow the City to withdraw the
funds in the event the provisions of the agreement are not met.
4. A cash deposit made with the City of Tukwila.
D. Amount of Financial Security: The financial security provided shall be one hundred and fifty
percent (150 of the estimated cost of the improvements to be completed and all related engineering
and incidental expenses, final survey monumentation and preparation of reproducible mylar or electronic
records in a format approved by Public Works and meeting current Public Works drawing standards of
the "as- built" improvements. The subdivider shall provide an estimate of these costs for acceptance by
the Public Works Director.
E. Defective Work: The acceptance of improvements by the City shall not prevent the City from
making a claim against the developer for any defective work if such is discovered within two years after
the date of completion of the work.
Chapter 17.28
EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY
Sections:
17.28.010 Exceptions.
17.28.020 Penalties.
17.28.030 City not liable.
17.28.040 Severability.
17.28.010 Exceptions.
A. 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 prescribe conditions deemed necessary or desirable for the public
interest. An exception shall not be granted unless:
1. 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
2. The exception is necessary to insure such property rights and privileges as are enjoyed by other
properties in the vicinity and under similar circumstances; and
3. The granting of the exception will not be detrimental to the public welfare or injurious to other
property in the vicinity.
B. Procedures: An application for any exception from this code shall be submitted in writing by the
subdivider, as part of the application for short subdivision, binding site improvement plan, or preliminary
plat. Such application shall fully state all substantiating facts and evidence pertinent to the request.
1. Short Subdivision: A short subdivision or binding site improvement plan exception shall be
reviewed by the Short Subdivision Committee in conjunction 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 for Type 2 decisions set
forth in TMC 18.108.020.
2. Preliminary Plat: A preliminary plat exception shall be considered by the City Council at the
same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall
be final and conclusive.
17.28.020 Penalties.
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45.
17.28.030 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 damages to anyone injured or
damaged either in person or property by any 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.
17.28.040 Severability.
If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this code.
Section 3. Repealer. Ordinance 1770 Sections 16, 17, 18, 19, 20, 22; Ordinance 1599
Section 6; Ordinance 1576 Sections 1, 2, 3, 4; and Ordinance 1671 Section 15 are hereby repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or
regulation, such decision or pre emption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of 1998.
ATTEST /AUTHENTICATED:
,1A,f A/
(e E. Cantu, City Clerk
APPROVED AS TO FORM:
1
By
Section 2. Repealer. Ordinance 1014 is hereby repealed.
ce of the ity Atto
FILED WITH THE CITY CLERK: c
PASSED BY THE 9TY COUNCIL:
PUBLISHED: to
EFFECTIVE DATE:,3// y g'
ORDINANCE NO.: 3
c,. 6/9g
2
W. Rants, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /S-9-4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
TITLE 17 SUBDIVISIONS AND PLATS; ALLOWING
SHORT PLATS OF UP TO NINE LOTS; UPDATING
TUKWILA'S ORDINANCE TO BE CONSISTENT WITH
STATE LAW AND TUKWILA'S COMPREHENSIVE
PLAN; REPEALING ORDINANCE 1014, ORDINANCE
1770 §16, §17, §18, §19, §20, §22, ORDINANCE 1599 §6,
ORDINANCE 1576 §1, §2, §3, §4, AND ORDINANCE
1671 §15; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On C-3 a i the City Council of the City of Tukwila passed Ordinance
No. /A_. ending Title 17 (Subdivisions and Plats) of the TMC to allow short plats of
up to nine lots, and to update Tukwila's ordinance to be consistent with State law and Tukwila's
Comprehensive Plan; repealing Ordinance 1014, Ordinance 1770 16, 17, §18, 19, §20, §22,
Ordinance 1599 §6, Ordinance 1576 §1, §2, §3, §4, and Ordinance 1671 §15; providing for
severability and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of -3// be
Published Seattle Times: -3 A/?S
04 -_-,(--e-- Cge„---).(____,
J,a�i E. Cantu, City Clerk