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ORDINANCE NO.,�J�
AN ORDINANCE of the City of Kent,
Washington, relating to plats and
subdivisions; amending the Kent Subdivision
Code (Ordinance 1840) to authorize final plat
approval of preliminary plats approved in King
County, and to clarify the requirement for
signatures necessary for short subdivision
filing; ratifying and confirming previous
amendments to the Subdivision Code.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2.2.8 of the Kent Subdivision Code is
amended as follows:
The final short plat map which is submitted for filing
shall conform to the following:
1) Must be a reproducible map drawn to scale on
stabilized drafting film or on linen tracing cloth.
2) Size: 18" x 22"
3) Shall show all existing structures in relation to
lot lines within or abutting short plat.
4) Shall show utilities, streets and easements within
or abutting short plat.
5) Legal description of total parcel shall be shown on
the final linen. Legals for each newly created lot must also be
submitted to the Planning Department but do not have to be on
final linen. All legal descriptions shall be metes and bounds
descriptions reflecting within said descriptions ties to all
subdivision lines, donation claim lines, and/or recording plat
lines. [Amendment - per City Council action, 2/16/82]
6) All short plats shall be surveyed by a land surveyor
licensed in the State of Washington. All exterior corners and
streets shall be monumented.
7) Surveyor's certificate must appear on final linen.
8) Certificates of approval by Chairman of Short
Subdivision Committee and King County Assessor must be provided on
linen.
9) Face of final plat linen must be signed by owner(s)
of property.
10) Provide a notarized certificate of the owner(s),
contract purchaser, grantor of a deed of trust, or other holder of
beneficial title to the Property being subdivided indicating that
the short subdivision is made with free consent and in accordance
with their desires.
a. If the short subdivision is subject to deeding
of property(s), the notarized certificate shall be signed by all
parties having any ownership interest in the lands subdivided.
b. For purposes of this section, "ownership
interest" shall include: legal and equitable property interests,
including, but not limited to, present, future, contingent or
whole fee interests, together with a beneficiary's interest
pursuant to a trust and contract interest pursuant to a
specifically enforceable contract for the purchase of the said
real property.
11. Include a current title report confirming that the
title of the lands as described and shown on the plat is in the
name of the owner(s) signing the plat certification.
Section 2. A new Section 2.3.3 is added to the Kent
Subdivision Code as follows:
Section 2.3.3 Property Annexed to City with Preliminary
Plat Approval in County
In instances where property annexed to the City has
received preliminary plat approval from King County prior to
annexation, the following review shall occur:
1. City Staff Review
The Planning Department, Public Works Department,
Fire Department and Building Department shall review the plat.
City plan checking review and inspections shall be subject to fees
pursuant to Public Works Ordinance 2203, as amended.
2. General Requirements and Findings
If the City staff finds that the preliminary plat
complies with the following requirements, the subdivision can
proceed to the final Plat stage without a preliminary plat hearing
by the Hearing Examiner and City Council:
a) Overall density of the subdivision shall not
exceed the maximum density allowed pursuant to the Kent Zoning
Code. Lot size and lot width requirements need not comply with
Zoning Code so long as overall density complies with the Code.
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b) Adequate provision shall be made for open
space, drainage ways, streets, alleys, public ways, water,
sanitary wastes, parks, playgrounds, sites for schools and school
grounds. These are to be developed in accordance with Kent
standards in effect at the time of submittal of the subdivision
application to the City. The City may add conditions to the
preliminary plat in order to ensure conformance with City of Kent
standards.
c) No detriment occurs to its surroundings.
3. Expiration Date
The preliminary plat shall comply with Section 2.3.2
8) pertaining to expiration of the preliminary plat. The date of
approval will be that date on which King County approved the
preliminary plat.
4. Installation of Improvements of Bonding in Lieu of
Improvements
If the improvements are not constructed prior to
annexation to the City, the subdivision must comply with Section
2.3.4 of this Code.
5. Final Plat Procedures
The procedures for final plat shall be the same as
those outlined in Section 2.3.5 of this Code.
Section 3. Section 2.3.3 of the Kent Subdivision Code is
renumbered as follows:
Section 2.3.((-3-))4. Installation of Improvements or
Bonding in Lieu of Improvements.
1) Required Improvements. The following tangible
improvements may be required before a final plat is
submitted: ((everysubdividerbe __zu___d
grading and paving of streets and alleys,
installation of curbs, ((and ) gutters, sidewalks,
monuments, sanitary and storm sewers, street lights,
water mains and street name signs, together with all
appurtenances thereto ((in aeeerdane-e with)) to
specifications and standards of this code, approved
by the Engineering Department and in accordance with
other standards of the City.
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2) Inspection, Approval and Fees. The Engineering
Department shall be responsible for the supervision,
inspection and acceptance of all subdivision
improvements and shall make a charge therefore to
the subdivider in the amount of the hourly cost to
the City of Kent. The hourly cost shall include the
({wages ef the-4-nspeeteF and the
fringe benefit en an hourly basis.))
salary and benefits of the inspector.
3) Permits. Prior to proceeding with subdivision
improvements, the subdivider shall make application
for such permits from the City as are necessary.
The applicant is also responsible for complying with
all permit requirements of other federal, state and
local agencies.
4) Deferred Improvements. No final plat shall be
submitted to the City Council until all improvements
are constructed in a satisfactory manner and
approved by the responsible departments or a bond
approved by the City has been ((_at__faeteFily))
l
posted for deferred improvements.
a) Bonds. If a developer wishes to defer certain
on-site improvements, written application shall
be made to the Engineering and Planning
Departments stating the reasons why such delay
is necessary. If the deferment is approved,
the developer shall furnish a performance bond
to the City in an amount equal to a minimum of
one hundred fifty (150) percent of the
estimated cost of the required improvements.
The decision of the City Engineer and Planning
Director as to amount of such bond shall be
conclusive.
b) Time Limit. Such bond shall list the exact
work that shall be performed by the applicant
and shall specify that all of the deferred
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improvements be completed within the time
established by the Department of Engineering;
and if no time is established, then not later
than one (1) year after approval of the final
plat by the City Council. The bond shall be
held by the City Clerk.
c) Check in Lieu of Bond. The developer may
substitute a certified or cashier's check or
assignment of funds in lieu of a performance
bond. Such check or assignment shall be made
payable to the City Treasurer and shall be in
the same amount as the bond it is substituting.
d) 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 payment in
lieu thereof. In case of any suit or action to
enforce any provisions of this code, the
developer shall pay (Wnto ) the City all costs
incidental to such litigation including
reasonable attorney's fees. The applicant
shall enter into an agreement with the City
requiring payment of such attorney's fees.
e) Binding Upon Applicant. The requirement of the
posting of any performance bond or other
security shall be binding on the applicant, his
heirs, successors and assigns.
f) Notification to Planning Department. The City
Engineer shall notify the Planning Department
in writing of the following: the improvements
deferred, amount of bond or check deposited,
time limit of bond or check, name of bonding
company, and any other pertinent information.
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5) Certificates of Completion. The Engineering
Department shall submit a certificate in duplicate
to the Planning Department 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. One (1) copy of the completed
certificate shall be furnished to the subdivider by
the Planning Department together with a notice
advising him to proceed with preparation of a final
plat for that portion of the area in which minimum
improvements have been installed and approved or
adequate security has been posted as provided in
Section 2.3.3 4). Certificate originals shall be
retained by the Planning Department.
Section 4. Section 2.3.4 of the Kent Subdivision Code is
renumbered as follows:
Section 2.3.((4-))5. Final Plat Procedures
1) Application
a) Application for final map shall be filed with
the Planning Department on forms prescribed by
the Planning Department.
b)` Eleven (11) copies of the final plat plus the
original shall be submitted; said plat shall be
prepared by a land surveyor registered in
accordance with the requirements of RCW 18.43,
and shall conform to the preliminary plat.
Application fees are contained in City of Kent
Ordinance #2026. (([Amendment - per Gita Geuppis
a e *-; i e- T1 -1-&A741 ) )
2 ) Final Plat Requirements ((-EAmendment - i9er Git
Ge,._... , et 12/3/7-3-3-) )
a) The final plat shall be drawn to a scale of not
less than one (1) inch representing one hundred
(100) feet unless otherwise approved by the
Engineering Department, and on sheets eighteen
by twenty-two (18 x 22) inches. The original
drawing shall be in black ink on linen tracing
cloth or on stabilized drafting film, and
shall: (( eenta-i-n- the following infermatio) )
(1) Include the date, title, name and
location of subdivision, graphic scale,
and true north point.
(2) Display the lines of all streets and
roads, alley lines, lot lines, lot and
blocks numbered in numerical order,
reservations, easements, and any areas to
be dedicated to public use, with notes
stating their purpose and any limitations
(3 ) ( (Su f fieien dam.. t -e) ) Contain data
sufficient determine readily and
reproduce on the ground the location,
bearing, and length of every street,
easement line, lot line, boundary line
and block line on site.
(4) (LT�All ) Include dimensions to the nearest
one-hundredth (1/100) of a foot and
angles and bearings in degrees, minutes,
and seconds.
(5) Include Lambert Coordinates, if provided
by the Public Works Department, for
permanent control monuments ((shall ti`&
shew4:i-)) on the final plat as determined
by the City Engineer's office.
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(6) Display all interior permanent control
monuments ((-sail bL-) ) located as
determined by the City Engineer's office.
( (and shall be clearly s hewn -en the--€inal
pla4-,4) All interior monuments shall be
installed prior to the release of any
bond.
( 7 ) ((-The final- platshall) Be
mathematically correct.
(8 ) ((The (incl- plat shall ) Be accompanied
by an approved printed computer plot
closure or demonstrated mathematical plot
closure on all lots, streets, alleys and
boundaries.
(9) Contain a legal description of the land
to be subdivided ((-shall be---, )) on
both the title report and final linen.
Legal description shall be
metes -and -bounds description reflecting
within said description ties to all
subdivision lines, donation claim lines,
and/or recorded plat lines. ( ([Amendment
City peF City Gearae.il Laatien 2/17/
1 ) )
(10) Be accompanied by a complete survey of
the section or sections in which the plat
or replat is located, or as much thereof
as may be necessary to properly orient
the plat within such section or
sections. The plat and section survey
shall be submitted with complete field
and computation notes showing the
original or re-established corners with
descriptions of the same and the actual
traverse showing error of closure and
method of balancing. A sketch showing
all distances, angles and calculations
required to determine corners and
distances of the plat shall accompany
this data. The allowable error of
closure shall not exceed one (1) foot in
five thousand (5000) feet.
b) Final plat certificates. In addition to other
requirements as specified herein, the final
plat shall contain or be accompanied by the
following:
(1) Certification showing that streets,
rights-of-way and all sites for public
use have been dedicated.
(2) Certification by a licensed land surveyor
that a survey has been made and that
monuments and stakes will be set.
(3) Certification by the responsible health
agencies that the methods of sewage
disposal and water service are acceptable
(4) Certification by the Engineering
Department that the subdivider has
complied with either of the following
alternatives:
(a) All improvements have been installed
in accordance with the requirements
of these regulations, or
(b) Certain improvements have been
deferred according to Section 2.3.3
4), Deferred Improvements.
(5) The subdivider shall furnish the City 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 shall be dated within
forty-five (45) days prior to the
granting of the final plat by the City
Council.
(6) Certification by the King County Finance
Department that taxes have been paid in
accordance with Section 1, Chapter No.
188, Laws of 1927 (RCW 58.08.030 & 040)
and that a deposit has been made with the
King County Finance Department in
sufficient amount to pay the taxes for
the following year.
(7) Certification by the City Treasurer that
there are no delinquent special
assessments and that all special
assessments certified to the City
Treasurer for collection on any property
herein contained dedicated for streets,
alleys or other public uses are paid in
full.
(8) Certification of approval to be signed by
the City Engineer and the Planning
Director.
(9) Certification of approval to be signed by
the Mayor and the City Clerk.
(10) Copies of any restrictive covenants as
may be used in the subdivision.
3) Referral to Other Departments and Agencies. The
Planning Department shall distribute the final plat
to all departments and agencies receiving the
preliminary plat, and to any other departments,
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utility agencies and other governmental agencies
deemed necessary.
4) City Council Public Hearings. At its first public
meeting following the date the final plat
application has been officially accepted by the
Planning Department, the City Council shall set a
date for a public hearing or meeting to consider the
final map. The final plat shall be approved,
disapproved or returned to the applicant for
modification or correction within thirty (30) days
of the date of application thereof, unless the
applicant consents to an extension of such time
period.
5) Filing Final Plat. Before the final plat is
submitted to the City Council, it shall be signed by
the City Engineer and Planning Director. After the
final plat is approved by the City Council, it shall
be signed by the Mayor and the City Clerk. The
final plat shall be filed with the King County
Department of Records and Elections by the City.
6) Expiration of Plat After Council Approval. If a
final plat has not been recorded within six (6)
months after approval by the City Council, the map
shall expire and be null and void. To revitalize
the expired map, the map shall be resubmitted as a
preliminary map. One (1) extension to the six (6)
month period may be granted by the City Council
Section 5. Section 2.2.4 of the Kent Subdivision Code is
amended as follows:
1) Application. Application for a short subdivision
shall be made with the Planning Department on forms prescribed by
that Department. Said application shall be accompanied by ten
(10) copies of the Short Subdivision Plat.
I
2) The Short Subdivision Plat shall conform to the
jfollowing requirements:
a) Shall be a neat and approximate drawing on
;reproducible material at a decimal scale. The Plat map shall
measure between 8-1/2" x 11" and 18" x 22".
b) Shall show how the proposed subdivision will be
served by streets and utilities. Show how access will be provided
to alll lots and location of sewer and water lines. (([Amendme
City
`''��`Shall show all existing structures and
'.distances from any existing and proposed lot lines within or
abutting the short plat. (([Amendment - per 4itTCou-neilawn,
euuneil:—act-i-on 12/15/75 ) )
((e)) (d) All short plats shall be surveyed by a land
surveyor licensed in the State of Washington. All exterior
ii corners and streets shall be monumented. (( Ameadment=per amity
li
ri 7etetion, 2/16/823))
Section b. Council amendments to the Subdivision Code,
as referenced in Sections 1-5, above, are hereby ratified and
confirmed.
Section 7. Effective Date. This ordinance shall take
effect and be in force five
approval and publication as
(5) days from and after its passage,
provided by law.
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSE CITY CLERK
APPROVED AS TO FORM:
/(1 / 0 azl �21/
P.'STETREN DiJULIO, ITY ATTORNEY
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PASSED the day of F- t"Lm(4 , 1985.
APPROVED the day of Ftbru0.r:11T , 1985.
PUBLISHED the day of _F-ckxiJLLr(�, 1985.
I hereby certify that this is a true copy of Ordinance
No.``?% passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereof
indicated.
2270-100
(SEAL)
MARIE JET , CITY CLERK
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