HomeMy WebLinkAbout3511Ordinance No. 3511
(Amending or Repealing Ordinances)
CFN=458 - Subdivision Code
Passed - 5/16/2000
Updating Subdivisions - Ch. 12.04 KCC
and Amending Sections 2.32.090;12.01.140
Amends Ord. 1840,2975,3169,3424,3443
Amends Ords. 2233,2469,2802,3036 (2.32.090 formerly Sec. 2.54.100)
Amends Ord. 2849,2863,3136,3206 (Sec. 12.04)
Amended
by Ord.
3551
(Sec. 12.04.025)
Amended
by Ord.
3561
Amended
by Ord.
3664
Amended
by Ord.
3690
(Secs. 12.04.235(C)(3);12.04.545(C)(3);
12.04.745(C)(3)
Amended
by Ord.
3752
(Sec. 12.04.695)
Amended
by Ord.
3830
(Secs. 12.04.125;12.04.235;12.04.435;
12.04.545; (Repeals
Sec. 12.04.580);12.04.685;12.04.745)
Amended
by Ord.
3898
(Sec. 12.04.215;12.04.525)
Amended
by Ord.
3906
Amended
by Ord.
3944
(Sec 12.04.025)
Amended
by Ord.
4035
(Sec. 12.04.210;.227)
Amended
by Ord.
4044
(Secs. 12.04.140;12.04.195)
The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of
ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document — 6/21/2012
ORDINANCE NO. 36-I1
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending chapters 2.32, 12.01. and 12.04
of the Kent City Code, relating to subdivisions to update these
provisions consistent with other provisions of the Kent City
Code and state law.
WHEREAS, the subdivision code has not been comprehensively updated
since 1981; and
WHEREAS, state laws relating to subdivisions, process procedures, and
survey requirements have changed; and
WHEREAS, the subdivision code is not currently in compliance with
provisions in other provisions of the Kent City Code (12.01; Title 15, etc.) and state law;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.32.090(A) of the Kent City Code, entitled "Decisions of
the Hearing Examiner," is hereby amended as follows:
Subdivision Code — Ch. 12.04 KCC
Sec. 2.32.090. Duties. The hearing examiner shall have the following duties with
respect to applications of matters submitted before him or her.
A. Decisions of the hearing examiner. The hearing examiner shall receive and
examine available information, conduct public hearings, prepare a record thereof, and
enter findings of fact and conclusions based upon these facts, which conclusions shall
represent the final action on the application, unless appealed, as specified in this section
for the following:
1. All process III applications as follows:
a. Conditional use permits;
b. Sign variances;
C. Planned unit developments not requiring a change of use;
d. Preliminary plat;
e. Shoreline variance;
f. Shoreline conditional use permit;
g. Special home occupation permit; and
h. Applications for variances from the terms of the zoning code and
subdivision code; provided, however, that no application for a variance shall be granted
unless the hearing examiner finds:
i. The variance shall not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application is located;
ii. That such variance is necessary, because of special
circumstances relating to the size, shape, topography, location, or surroundings of the
subject property, to provide it with use rights and privileges permitted to other properties
in the vicinity and in the zone in which the subject property is located; and
iii. That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or improvements in the
vicinity and zone in which the subject property is situated.
2 Subdivision Code — Ch. 12.04 KCC
SECTION2. Section 12.01.140, entitled "Notice of application," is
hereby amended as follows:
A. Notice of application. A notice of application shall be issued for Process I and
Process H permits requiring SEPA review, short plats, shoreline substantial development
permits, and all Process III and Process IV applications within fourteen (14) calendar days
after the city has made a determination of completeness pursuant to KCC 12.01.100(A);
provided, that if any open record hearing is required for the requested project permit(s),
the notice of application shall be provided at least fifteen (15) calendar days prior to the
open record hearing. One notice of application will be done for all permit applications
related to the same project at the time of the earliest complete permit application.
B. SEPA exempt projects. A notice of application shall not be required for project
permits that are categorically exempt under SEPA, unless a public comment period or an
open record pre -decision hearing is required.
C. Contents. The notice of application shall include:
1. The case file number(s), the date of application, the date of the
determination of completeness for the application and the date of the notice of application;
2. A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested by the review
authority pursuant to RCW 36.70B.070;
3. The identification of other permits not included in the application, to the
extent known by the city;
4. The identification of existing environmental documents that evaluate the
proposed project, and, if not otherwise stated on the document providing notice of
application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be not
less than fourteen (14) nor more than thirty (30) calendar days following the date of notice
of application, and statements of the right of any person to comment on the application,
receive notice of and participate in any hearings, request a copy of the decision once made,
and any appeal rights;
3 Subdivision Code — Ch. 12.04 KCC
6. The tentative date, time, place and type of hearing. The tentative hearing
date is to be set at the time of the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has
been made at the time of notice, and of those development regulations that will be used
for project mitigation and of consistency as provided in KCC 12.01.150;
8. The name of the applicant or applicant's representative and the name,
address and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road
intersections, reasonably sufficient to inform the reader of its location; and
10. Any other information determined appropriate by the city, such as a DS, if
complete at the time of issuance of the notice of application or the city's statement of
intent to issue a DNS pursuant to the optional DNS process set forth in WAC 197-11-355.
D. Mailing of notice of application. The city shall mail a copy of the notice of
application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing.
E. Public comment on the notice of application. All public comments received on the
notice of application must be received by the planning department by 4:30 p.m. on the last
day of the comment period. Comments may be mailed, personally delivered or sent by
facsimile. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed notice of application, the
city will provide notice of application at Kent City Hall, and in the register for public
review at the planning department office. The applicant shall be responsible for posting
the property for site-specific proposals with notice boards provided by the city. Public
notice shall be accomplished through the use of a four (4) by four (4) foot plywood face
generic notice board to be issued by the planning department as follows: the applicant shall
apply to the city for issuance of the notice board, and shall deposit with the planning
department the amount of one hundred fifty dollars ($150). Upon return of the notice
4 Subdivision Code — Ch. 12.04 KCC
board in good condition to the planning department by the applicant, seventy-five dollars
($75) of the initial notice board deposit shall be refunded to the applicant.
1. Posting. Posting of the property for site specific proposals shall consist of
one (1) or more notice boards as follows:
a. A single notice board shall be placed by the applicant in a
conspicuous location on a street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for inspection by
members of the public.
C. Additional notice boards may be required when:
(1) The site does not abut a public road; or
Q) additional public notice boards are required under other
provisions of the Kent City Code; or
M(-2) The planning director determines that additional notice
boards are necessary to provide adequate public notice.
notice period;
d. Notice boards should be:
(1) Maintained in good condition by the applicant during the
(2) In place at least fifteen (15) calendar days prior to the end
of any required comment period; and
(3) Removed by the applicant and returned to the city within
seven (7) calendar days after the end of the notice period.
e. Notice boards that are removed, stolen, or destroyed prior to the end
of the notice period may be cause for discontinuance of the departmental review until the
notice board is replaced and remains in place for the specified time period. The city shall
notify the applicant when it comes to their attention that notice boards have been removed
prematurely, stolen, or destroyed.
f. An affidavit of posting shall be submitted by the planning director
at least seven (7) calendar days prior to the hearing. If the affidavits are not filed as
5 Subdivision Code — Ch. 12.04 KCC
required, any scheduled hearing or date by which the public may comment on the
application, may be postponed in order to allow compliance with this notice requirement.
g. Notice boards shall be constructed and installed in accordance with
specifications determined by the planning director.
h. SEPA information shall be added by the city to the posted sign
within applicable deadlines. An affidavit of posting shall be submitted by the planning
director.
G. Published notice of application. Published notice of application in an official
newspaper of general circulation in the area where the proposal is located is required for
Process I and II permits requiring SEPA review, short plats and all Process III, IV, and all
Process V, except subdivision final plat, applications. Published notice shall include at
least the following information:
1. Project location;
2. Project description;
3. Type of permit(s) required;
4. Comment period dates; and
5. Location where the complete application may be reviewed.
H. Notice of public hearing.
1. Notice of public hearing for all types of applications. The notice given of
a public hearing required in this chapter shall contain:
a. The name of the applicant or the applicant's representative; j
b. Description of the affected property, which may be in the form of
either a vicinity location sketch or written description, other than a legal description;
testimony;
C. The date, time, and place of the hearing;
d. The nature of the proposed use or development;
e. A statement that all interested persons may appear and provide
6 Subdivision Code — Ch. 12.04 KCC
fg. When and where information may be examined, and when and how
written comments addressing findings required for a decision by the hearing body may be
admitted;
gh. The name of a city representative to contact and the telephone
number where additional information may be obtained;
hi. That a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no cost and will
be provided at the cost of reproduction; and
ji. That a copy of the staff report will be available for inspection at no
cost at least five (5) calendar days prior to the hearing and copies will be provided at the
cost of reproduction.
2. Mailed notice of public hearing. Mailed notice of the public hearing shall
be provided by the city as follows:
a. Process I, II and V actions. No public notice is required because no
public hearing is held. Notice for short plat meetings is mailed to property owners within
200 feet. Shoreline permit notices shall be in accordance with the requirements of WAC
173-27-110.
b. Process III and IV actions. The notice of public hearing shall be
mailed to:
(1) The applicant;
(2) All owners of real property as shown by the records of the
county assessor's office within three hundred (300) feet of the subject property; and
(3) Any person who submits written comments on an
application.
C. Process IV preliminary plat actions. In addition to the general
notice of public hearing requirements for Process IV actions above, additional notice shall
be provided as follows:
(1) Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two (2) miles
7 Subdivision Code — Ch. 12.04 KCC
of the boundary of a state or municipal airport shall be given to the Secretary of
Transportation, who must respond within fifteen (15) calendar days of such notice.
(2) Special notice of the hearing shall be given to adjacent land
owners by any other reasonable method the city deems necessary. Adjacent land owners
are the owners of real property, as shown by the records of the King County assessor,
located within three hundred (300) feet of any portion of the boundary of the proposed
subdivision. If the owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real property proposed
to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to owners of real
property located with three hundred (300) feet of such adjacently owned parcels.
d. Process VI actions. For Process VI legislative actions, the city shall
publish notice as described in 12.01.140(H)(3), and use all other methods of notice as
required by RCW 35A.12.160.
3. Procedure for posted or published notice of public hearing
a. Posted notice of the public hearing is required for all Process III and
IV actions. The posted notice of hearing shall be added to the sign already posted on the
property pursuant to KCC 12.01.140(F).
b. Published notice of the public hearing is required for all Process III
and IV procedures. The published notice shall be published in a newspaper of general
circulation within the city and contain the following information:
(1) Project location;
(2) Project description;
(3) Type of permit(s) required;
(4) Comment period dates; and
(5) Location where the complete application may be reviewed.
4. Time and cost of notice of public hearing.
a Notice shall be mailed, posted and first published not less than ten
(10) calendar days prior to the hearing date. Any posted notice shall be removed by the
applicant within seven (7) calendar days following the conclusion of public hearing(s).
8 Subdivision Code — Ch. 12.04 KCC
I. Shoreline master program permits.
1. Notice of the application of a permit under the purview of the city's
shoreline master program shall be given in accordance with the requirements of Ch. 11.04
KCC, the Kent shoreline management master program.
SECTION 3. Chapter 12.04 of the Kent City Code, entitled
"Subdivisions," is hereby amended as follows:
CHAPTER 12.04. SUBDIVISIONS
I. General Provisions
Sec. 12.04.010. Title. This code shall be hereinafter known as the city of Kent
subdivision code.
Sec. 12.04.02,0015. Purpose. The purpose of this chapter is to provide rules,
regulations, requirements and standards for subdividing land in the city and for
administrative procedures for adjustments of lot lines in the city, ensuring:
1. That the highest feasible quality in subdivision will be attained;
2. That the public health, safety, general welfare, and aesthetics of the city
shall be promoted and protected;
3. That oOrderly growth, development, and the conservation, protection and
proper use of land shall be promoted;
4. That proper provisions for all public facilities, including circulation,
utilities, and services, shall be made;
5. That maximum advantage of site characteristics shall be taken into
consideration; and
6. That the process shall be in cGonformance with provisions set forth in
KCC Title 15, Zoning, and the comprehensive plan.
9 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.049020. Scope. This chapter shall apply to the division of land for sale
or lease into two (2) or more parcels and to the modification of lot lines between adjoining
parcels. Where this chapter imposes greater restrictions or higher standards upon the
development of land than other laws, ordinances or restrictive covenants, the provisions
of this chapter shall prevail.
The provisions of this chapter do not apply to:
1. Cemeteries and burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
3. Division of land due to condemnation or sale under threat thereof, by an
agency or division of government vested with the power of condemnation.
Sec. 12.04.959025. Definitions. The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Active recreation activities shall mean all outdoor recreational activities which
involve field and court games.
Alley shall mean a public or private way ha-Ang a width e not
more than thirty (30) feet wide at the rear or side of propertyVVIlie affordsing only a
secondary means of vehicular or pedestrian access to abutting property.
Block shall mean a group of lots, tracts, or parcels within well-defined and fixed
boundaries.
Common open space shall mean a parcel or parcels of land or an area of water or
a combination of land and water within the site designated for a subdivision or a planned
unit development, and designed and intended primarily for the use or enjoyment of
residents of a subdivision. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and
enjoyment of residents of the subdivision.
Community park shall mean a park twenty (20) to f Ay (^ 0) t� h .
v �v rvr p�2,�� -'Y`P'iliyTi
7
000) to fifteen.
10 Subdivision Code — Ch. 12.04 KCC
fl,,.,,s.,n !l c nnm peepl0 1.,eatea within ., two (2) to thfee (3) «..,;le se a ,..,.1;,,s that
serves the entire city of Kent and can be located throughout the city. Community parks
may have facilities or amenities that are not offered elsewhere in the city, and which can
include boating, swimming, fishing, ishing, athletic fields, group picnic shelters, flay equipment,
hard courts, skateparks, and trails, and will vary at each park. Access to the park is by car,
public transit, foot or bicycle. Off-street parking is provided.
Comprehensive plan shall mean the document, including maps, adopted by the city
council which outlines the city's goals and policies relating to management of growth, and
prepared in accordance with Ch. 36.70A RCW. The term also includes adopted subarea
plans prepared in accordance with Ch. 36.70A RCW plans, maps and fepel4s whie
Chapter- 35.63 RGW or- RCW Title 35A.
County auditor shall mean that person as defined in Chapter 36.22 RCW or the
office of the person assigned such duties under the King County Charter.
Cul-de-sac shall mean a short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Dedication shall mean a deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to which the property has been
devoted. The intention to dedicate shall be evidenced by the owner by the presentment for
filing of a final plat or a final short plat showing the dedication thereof, and the acceptance
by the public shall be evidenced by the approval of such plat for filing by the city.
Division of land shall mean the subdivision of any parcel of land into two (2) or
more parcels.
Final approval shall mean the final drawing of the subdivision and dedication
prepared for filing for record with the King County auditor and containing all elements
and requirements set forth in this chapter.
11 Subdivision Code — Ch. 12.04 KCC
Final plat shall mean the final drawing of the subdivision and dedication prepared
for filing for record with the King County auditor and containing all elements and
requirements set forth in this chapter.
Hearing examiner shall mean the person appointed by the eit-j-mayor, or his or her
desig ee, to conduct public hearings on applications outlined in Ch. 2.32
KCC which creates the hearing examiner, and who prepares a record, findings of fact and
conclusions on such applications.
Hillside subdivision shall mean a subdivision in which any lot in the subdivision
has average slopes greater than fifteen (15) percent and in which any street in the
subdivision has grades greater than seven (7) percent at any point.
Home owners association shall mean an incorporated nonprofit organization
operating under recorded land agreements though which:
1. Each lot owner is automatically a member;
2. Each lot is automatically subject to a proportionate share of the expenses
for the organization's activities, such as maintaining common property; and
Code.
3. A charge if unpaid becomes a lien against the property.
Land Use and Planning Board shall mean that body as defined in the Kent City
Lot shall mean a fr-uV °gtavuna e.„r divided lands having fixed boundaries, u ua Yuc.t being
of su e;es,t area {Allis dimension rd to meet m pAs for-
`. . .idt a 7
area. The te.-.,., shall ; elude t,.,,ets e pafeels a parcel of land of at least sufficient size to
meet minimum zoning requirements for use coverage and area and to provide such yards
and other open spaces as are required in this title. Such lot shall have frontage on an
improved public street, or on an approved private street and may consist of
or
1. A single lot of record;
2. A portion of a lot of record;
3. A combination of complete lots of record and portions of lots of record;
4. A parcel of land described by metes and bounds;
12 Subdivision Code — Ch. 12.04 KCC
provided, that in no case of division or combination shall any residual lot or parcel be
created which does not meet the requirements of this title.
Lot, corner shall mean a lot abutting upon two (2) or more streets at their
intersection or upon two (2) parts of the same street, such streets or parts of the same
street forming an interior angle of less than one hundred thirty-five (13 5) degrees within
the lot lines.
Lot, frontage shall mean the front of a lot which shall be that portion nearest the
street or, if the lot does not abut a street, the portion nearest an ingress/egress easement.
Oexee- en a corner loti!r-.4bfi b ease the front yard shall be considered the narrowest
part of the lot that fronts on a street, except in industrial and commercial zones., in which
case the user of a corner lot has the option of determining which part of the lot fronting
on a street shall become the lot frontage.
Lot line adjustment shall mean the adjusting of common property lines or
boundaries between adjacent lots, tracts, or parcels for the purpose of rectifying a disputed
property line location, freeing such a boundary from any differences or discrepancies or
accommodating a minor transfer of land. The resulting adjustment shall not create any
additional lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall contain
sufficient area and dimension to meet minimum requirements for zoning and building
purposes.
Lot lines shall mean the property lines bounding the lot.
Lot measurements shall mean:
1. The depth of a lot which shall be considered to be the distance between the
foremost points of the side lot lines in front and the rear -most points of the side lot lines
in the rear.
2. The width of a lot which shall be considered to be the distance between the
side lines connecting front and rear lot lines, provided, however, that width between side
lot lines at their foremost points where they intersect with the street line shall not be less
than eighty (80) percent of the required lot width except in the case of lots on the turning
circle of cul-de-sacs, where eighty (80) percent requirements shall not apply.
13 Subdivision Code — Ch. 12.04 KCC
Lot of record shall mean a lot which is part of a subdivision recorded in the office
of the King County assessor, or a lot or parcel described by metes and bounds, the
description of which has been so recorded.
Let plit^ shall mean the division e f land ipAe f uF (4) loss lets tr-aets par -eels-,
sitesor- diyisiens f the pur-peseefsaleor- lease
Lot, through shall mean a lot that has both ends fronting on a street. Either and
beer endsill maybe considered the front.
Meander line shall mean a line along a body of water intended to be used solely
as a reference for surveying.
Neighborhood park shall mean a park five (" to to (1 0) ^ o in size whieh-may
have eff street par -king and sefves a popula4en of twe theusafid (2,000) to ten thousa
(1_0000people le ^4oa within a e half (i 2) mile t one (,) mile serviee ^a ^ that
serves a neighborhood (not a subdivision), defined by arterial streets. These parks are
generally located centrally in the neighborhood so that the park is easily accessible and
neighborhood residents do not have to cross a major arterial to reach the park. Access is
primarily y foot or bicycle, so the park is usually no further than one-half mile from M
point in the neighborhood Parking spaces are typically not provided unless on -street
parking is not available, accessible or safe. Neighborhood parks have amenities for casual
activities that are not programmed or organized or for which a fee is charged Amenities
include play equipment, picnic tables hard courts (basketball tennis) walking trails and
open grassy areas.
Official plans shall mean those maps, development plans, or portions thereof,
adopted by the city council as provided in chapter 44, section 6, Laws of 1935, as
amended. Such plans or maps shall be deemed to be conclusive with respect to the
location and width of streets, public parks, and playgrounds and drainage rights-of-way
as may be shown thereon.
Park open space shall mean those areas that are environmentally sensitive, wildlife
habitat, or wetlands, that remain in a relatively natural state with minimal improvements
for public access, interpretation study or enjoyment
14 Subdivision Code — Ch. 12.04 KCC
Park service area shall mean those
eompr-ehensive par-ks plan of the eit�-, as adopted by or-dinanee, v4iieh shall be use
areas defined by arterial streets or geographic features, and which are identified in the
comprehensive park and recreation plan, that a neighborhood park or communily park is
intended to serve.
Performance bond or guarantee shall mean that security which may be accepted
in lieu of a requirement that certain improvements be made before the eity eetifleil
the final plat is approved and signed, including performance bonds, escrow
agreements and other similar collateral or surety agreements.
Piggyback or accumulative short subdivision shall mean multiple short
subdivision of contiguous land under common ownership. Ownership for purposes of this
section shall mean ownership as established at the application submittal date of the initial
short subdivision approval.
Dl„n,,.;,.. shall r that body as defined i the rode , fthe eity.
Plat shall mean a map or representation of a subdivision, showing thereon the
division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions
and dedications.
Preliminary approval shall mean the official favorable action taken on the
preliminary plat of a proposed subdivision, metes -and -bounds description or dedication,
by the ^'ycouneil hearing examiner following a duly advertised public hearing or on a
preliminary plat of a short subdivision following a duly advertised meeting of the short
subdivision committee.
Preliminary plat shall mean a neat and precise scale drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks and other
elements of a plat or subdivision which shall furnish a basis for the approval or
disapproval of the general layout of a subdivision.
15 Subdivision Code — Ch. 12.04 KCC
Roadway shall mean that portion of a street intended for the accommodation of
vehicular traffic, generally within curblines.
Short plat shall mean the map or representation of a short subdivision.
Short subdivision shall mean the division or redivision of land into nine (9) or
fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of
ownership. Tracts identified for or with the potential for future development shall be
included within the number of lots created, but tracts which are not buildable and/or are
intended for public dedication, environmental protection or storm water detention are not
included in the number of lots created.
Short subdivision, Type I shall mean the division of land into four (4) or less lots,
tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
Tracts identified for or with the potential for future development shall be included within
the number of lots created, but tracts which are not buildable and/or are intended for
public dedication, environmental protection or storm water detention are not included in
the number of lots created.
Short subdivision, Type 2 shall mean the division of land into more than four (4)
and less than ten (10) lots, tracts, parcels, sites or divisions for the purpose of sale, lease
or transfer of ownership. Tracts identified for or with the potential for future development
shall be included within the number of lots created, but tracts which are not buildable
and/or are intended for public dedication, environmental protection or storm water
detention are not included in the number of lots created.
Street shall mean a public way fljj t (30) feet or more in rit-of-way width which
affords a primary means of access to property.
Subdivision shall mean the division or redivision of land into ten (10) or more lots,
tracts, parcels, sites or divisions for the purpose of sale or lease or transfer of ownership;
provided that subdivisions of less than ten (10) parcels may be defined as lamer
short subdivisions. Tracts identified for or with the potential for future development shall
be included within the number of lots created, but tracts which are not buildable and/or
16 Subdivision Code — Ch. 12.04 KCC
are intended for public dedication, environmental protection or storm water detention are
not included in the number of lots created.
Subdivision, phased shall mean a subdivision, which is developed in increments
over a period of time.
Tentative plat shall mean a map drawn in accordance with the same requirements
as the preliminary plat map, but submitted prior to preliminary plat submittal.
Tract shall mean a parcel of land proposed for subdivision or subdividing.
Trail system shall mean those pathways that connect points of interest, parks,
community facilities, streets, residences, etc. in the community, which aree�lly not
confined within the limits of one park. Trails are intended to be used by bicycles,
rollerskaters, and pedestrians; they are not intended to be used by motorized vehicles.
Sec. 12.04.060030. Conformance to state law. This code is in conformance with
RCW 58.17.010 et seq. regulating platting, subdivision, adjusting lot lines, and the
dedication of land and further provides for administrative procedures for the adjustment
of lot lines.
Sec. 12.04.0-70035. Planning department City functions.
A. Planning Department. The planning department is responsible for the
administration and coordination of this chapter unless another department is authorized
to administer and enforce a specific section.
B. Department of Public Works. The department of public works is responsible for
reviewing all engineering and technical requirements of this chapter.
C. Fire Department. The fire department is responsible for reviewing all fire access
and fire safety requirements of this chapter.
D. Department of Parks and Recreation. The department of parks and recreation is
responsible for reviewing all parks and open space dedication requirements of this
chapter.
17 Subdivision Code — Ch. 12.04 KCC
E. Short Subdivision Committee. The short subdivision committee is authorized to
hold a public meeting and make a final decision on all short subdivision plats.
F. Hearing Examiner. The hearing examiner is authorized to hold a public hearing
and make a final decision on subdivision preliminary_ plats.
G. City Council. The city council shall conduct any closed record appeal from a
hearing examiner's fmal decision on a subdivision preliminM plat. The city council shall
have sole authority to approve subdivision final plats. An appeal of a final plat decision
shall be in superior court.
Sec. 12.04.040. Penalties.
A. Civil. Any violation of any provision of this chapter, or any violation of any term
or condition of plat approval prescribed pursuant to this chapter by M person firm
18 Subdivision Code — Ch. 12.04 KCC
corporation, or association, or any agent thereof, shall constitute a civil violation under
Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be
required as provided therein.
B. Criminal. &yperson, firm, corporation, or association, or any agent thereof, who
violates any provision of Ch. 58.17 RCW, or M provision of this chapter, relatingto o the
sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of
a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot,
tract, or parcel of land in violation of anyprovision of Ch. 58.17 RCW, or any provision
of this chapter, shall be deemed a separate and distinct offense.
Sec. 12.04.559045. Liability. This chapter 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.
Sec. 12.04.939050. Planned unit developments. In addition to the standard
subdivision of land as outlined in this chapter, the city provides for the subdivision of land
under the planned unit development regulations of the zoning code, KCC Title 15. The
zoning code should be consulted concerning the special procedures eeneemin for
planned unit developments.
Sec. 12.04.59055. obile home
park design. The standards of this chapter for residential subdivisions shall apply to
mobile home park subdivisions when lots in such subdivisions are to be sold, unless other
standards are specifically approved by the city.
19 Subdivision Code — Ch. 12.04 KCC
Il. Type I Short Subdivisions
Sec. 12.04.80100. Purpose of type I short subdivisions. The procedures
regulating type I short subdivisions are established to promote orderly and efficient
division of lots on a small scale, promote infill development and meet density
requirements in established urban areas, while providing an efficient review process,
avoiding placing undue burdens on the subdivider and to complyiRg with thepurpose of
this chapter and the provisions of RCW 58.17.060 et seq.
Sec. 12.04.4-20105. Scope.
A. Any land being divided into aine-(9) four 4 or less parcels, lots, tracts, sites or
subdivisions, any one (1) of which is less than twenty (20) acres in size and which has not
been divided in a short subdivision within a period of five (5) years shall meet --be subject
to the requirements of this section.
B. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a contiguous parcel that v44e has been divided in a
short subdivision within the preceding five (5) years. Serial subdivision of contiguous
parcels in the same ownershiWAWmeh is defined as `piggybacking' short subdivisions, and
is prohibited unless the subject property has received master plan approval by the city
through a rezone, PJJ9 planned unit development, or other hearing process, then
`piggybacking' short subdivisions shall be permitted. Such short subdivisions must be
consistent with the approved master plan.
Sec. 12.04.440110. Preliminary consultation with staff. Any person
who desires to subdivide land in the city should consult with the planning department at
an early date on an informal basis in order to become familiar with the requirements of
this chapter. The department of public works should be consulted at this time for advice
and assistance in understanding the engineering requirements of this chapter and the
construction standards of the city.
20 Subdivision Code— Ch. I2, 04 KCC
Sec. 12.04.340115. Application fOF a subdivision procedures. An application
for a type I short subdivision consists of five (5) separate steps as follows:
of the pFoposed subdivisiew,
Preparation of the preliminM plat of the proposed short subdivision;
2. Submission of a -the preliminary short subdivision application plat of the
proposed subdivision to the land use heafing examine to the short subdivision committee
for a public berg meeting and decision;
3. Installation or bonding of improvements according to the approved preliminary
plat requirements and satisfaction of all plat conditions;
4. Submission of the final plat to the planning department for review and
signature by the chair of the short subdivision committee eity eounei for- approval; and
5. Recordation of tThe approved final plat is in the office of the King
County department of records and elections.
See. 12.04.220120. Preliminary s8hort subdivision application Fegrir-ements.
A. Application for a short subdivision shall be made with to the planning department
on the forms supplied and in the number of copies prescribed by that department.—The
appheatien shall be meempanied bT airr`oTwpic f the preliminary..t,.
P,
B. The short subdivision plat shall:
i . be a neat and approximate drawing on reproducible material at a decimal
scale. The plat map shall measure between eight and one-half (8 1/2) inches by eleven
(11) inches and eighteen (18) inches by twenty-two (22) inches and shall include:
1. The short subdivision name, the name and address of the owner, and the
name and address of the licensed land surveyor and if applicable the subdivision
engineer;
21 Subdivision Code- Ch. 12.04 KCC
2. The date of preparation, the true north point, a graphic scale and legal
description of the property to be subdivided and drawn to an appropriate decimal scale-,
3. The location of existing and proposed platted property lines, and existing
section lines, streets, buildings, water courses, railroads, bridges, and any recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands that abut the proposed subdivision, for a distance of one hundred (100)
feet from the edge of the subject property;
4. The names, locations, widths and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations and utilities;
5. The acreage of land to be subdivided; the number of lots; the area of each
lot; and the approximate square footage and approximate percent of total acreage in open
space;
6. The approximate dimensions of each lot;
7.2, How the proposed subdivision will be served by streets and
utilities,
3, Show hew aeraess willbe provided to all lets and the location of sewer and
water lines.
8.4.e-aAll existing structures and distances from any existing and
proposed lot lines within or abutting the short subdivisions within a distance of
50 feet.
9.5, Monumentation of
all exterior corners and streets shall be ffienumente and be surveyed by a land survey
licensed in the state.
10. Provisions for considering sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school users of public
transit and other pedestrians.
11. All of the information requested on the application form by the planning
director.
22 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.4-60125. Principles of acceptability. No short subdivision shall be
approved unless the following principles of acceptability are meti the short subdivision
shall:
Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed short subdivision plat
may be denied because of flood, inundation or swamp wetland conditions; slope, soil
stability and/or capabilities; or the construction of protective improvements may be
required as a condition of approval;
4. If adjacent to another municipality or King County, take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
Make adequate provision for stormwater detention, drainageways, streets;
alleys, veys, other- publi . • ays, water supplies., an&sanitary wastes, and other public utilities
and services, as required by applicable laws, codes, rules and regulationsdeemec
nesessai7j:; and
6. Where feasible, make adequate provision for the connectivity of streets
alleys, pedestrian accessways and other public ways.
Sec. 12.04.130. Determination of completeness. Within twenty-eight (28)
calendar days after receiving a type I short subdivision preliminary plat application the
planning department shall mail or personally provide to the applicant a written
determination of completeness which states either that the application is complete or
incomplete. If incomplete the letter shall identify what information is required to make
the application complete. The letter shall also identify to the extent known by the city.,
other agencies with jurisdiction over the short subdivision application If the city
determines that an application is not complete the applicant shall have up to ninety (90)
calendar days to submit the necessary information to the city. If the applicant either
refuses in writing to submit additional information or does not submit the required
23 Subdivision Code — Ch. 12.04 KCC
information within the ninety (90) calendar day period, the application shall lapse because
of a lack of information necessary to complete the review. Within fourteen (14) calendar
days after an applicant has submitted the requested additional information, the city shall
again make the completeness determination and shall notify the applicant in the same
manner.
If the short subdivision application is determined to be complete, the planning
department shall accept the application and note the date of acceptance. The time period
for review of the proposed short subdivision begins following the determination of a
complete application and acceptance of the application by the city. If the city does not
provide a written determination to the applicant that the application is incomplete, the
application shall be deemed complete at the end of the twenty hhtt (28) dam completeness
review period.
Sec. 12.04.135. Vesting. A proposed division of land shall be considered under
the requirements of this chapter and the zoning and other land use regulations in effect on
the land at the time that a preliminary plat application for a type I short subdivision as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the city of Kent, pursuant to KCC Chapter 12.04.130.
Sec. 12.04.140. Notice of application. A notice of application shall be issued for
short subdivision applications within fourteen (14) calendar days after the city has made
a determination of completeness, and at least fifteen (15) calendar days prior to the short
subdivision committee meeting date. The notice of application shall be mailed, published
and posted on the same day, in the following manner:
1. The cily shall publish the notice of application in a newspaper ofeg neral
circulation within the city.
2. The cit shall the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
24 Subdivision Code — Ch. 12.04 KCC
3. The city shall mail the notice of application listing the date of the short
subdivision committee meeting to the applicant and all owners of real property as shown
by the records of the county assessor's office within two hundred (200) feet of anyportion
of the boundary of the proposed subdivision. In addition if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties abutting
them, these additional properties shall also be mailed a notice of application
4. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing_
One notice of application shall be done for all permit applications related
to the same project at the time of the earliest complete projectep rmit application
Sec. 12.04.2-38145. Referral of preliminary short subdivision application.
Upon-feeeipt-e€ determination of completeness of an application for a short subdivision,
the planning department shall transmit one (1) copy of the application materials to each
member of the short subdivision committee, d one (1 ` provide copyies to the
Lappropriate city departments and to any other department or agency deemed necessary.
The application shall be transmitted at least five «' -..,..',;,,,, fifteen (15) calendar days
prior to the short subdivision committee meeting.
Sec. 12.04.4-38150. Notification of otheF agencies.
A. The citv shall mail a notice of application to all agencies with jurisdiction over the
short subdivision application. Such notice shall include the hour and location of the short
subdivision committee meeting and a description of the property to be platted A copy of
the plat and the application materials shall be provided to agencies as deemed necessary
or if requested by the agency
B. Notice of application for the filing filing o a preliminary plat of a proposed short
subdivision in the eit ,wbieh subdivision is adjacent to or within one (1) mile of the city
boundaries or which contemplates the use of King County's or any other city's or town's
utilities shall be given to the appropriate county, city or town authorities.
25 Subdivision Code — Ch. 12.04 KCC
C. Notice of application for a preliminary plat of a proposed short
subdivision located adjacent to the right-of-way of a state highway shall be given to the
State Department-of44ghways Transportation. Such notice shall include the hour and
location of the meeting, Imen-iing xaffl=d a legal description of the short subdivision prepery
to be p ""ea and a location map. The department of transportation shall, within fourteen
(14) days after receiving the notice, submit to the planning department a statement of any
information that the department deems to be relevant about the effect of the proposed
short subdivision upon the legal access to the state hi hwav, the traffic carr iy ng capacity
of the state hi hwav and the safety of the users of the state hi way.
See. 12.04.155. Public notice. Notice of the short subdivision committee meeting
shall be given in the following manner:
1. The date of the short subdivision committee meeting shall be listed on the notice
of application, which shall be mailed to the applicant and all owners of real property as
shown by the records of the county assessor's office within two hundred (200) feet of any
portion of the boundary of the proposed subdivision. In addition, if the property to be
short subdivided abuts parcels greater than two (2) acres which have other properties
abutting them, these additional properties shall also be mailed a notice of application
2. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing.
3. The city shall publish the notice of application in a newspaper ofeg_neral
circulation within the city.
4. The applicant shall place at least one public notice board on the property to b
subdivided. The public notice board must be placed on the property as directed by the
planning department, and no later than fourteen (14)days after a determination of
completeness. The applicant must remove the public notice board(s) from the property
within seven (7) dys after the end of the comment notice period or the conclusion of the
public meeting(s). If the property to be subdivided is located adjacent to more than one
public street or has more than one potential access route one public notice board shall be
26 Subdivision Code — Ch. 12.04 KCC
placed on the property adjacent to each public street or potential access route Planning
department staff shall post the notice of application on the public notice boards on the
property and shall also post the notice of application at Kent city hall and in the register
for public review at the planning department office.
Sec. 12.04.2-35160. Public commentresponse. Affected agencies and the public
shall have a fourteen (14) calendar day period to comment on a notice of application An
agency is presumed to have no comments if comments are not received within the
specified time period. The planning director mgy grant an extension of time only if the
application involves unusual circumstances. Any extension shall not be granted for a
period longer than three (3) additional calendar dam The public may make written
response to the proposed short subdivision application within the fifteen "" days fie
the date efpostki comment period.
The fourteen (14) day public comment period begins on the date the notice of
application is mailed posted and published The planning department must receive all
public comments by :30 p.m. on the last day of the comment period Comments maybe
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The short subdivision committee shall not take action on a short subdivision
application until after the fifteen d app comment period has passed.
Sec. 12.04.3-70165. Health Aagency recommendations regarding subdivision
At the time of the preliminary short subdivision plat application
written recommendations for approval or disapproval must be submitted from tThe health
agencies responsible for approval of the proposed means of sewage disposal and/or water
supply., shallfile o with ,. the y eetmeil, prior- to the ,.;t. il' :a___.._ _ft the
=LS
sub --=Y =s -e_= r=e===_____a, plat, written statemen4s a regarding the general adequacy of
the proposed means of sewage disposal and/or water supply. The aApplicant is
responsible for submitting the appropriate application forms to the Seattle -King County
health department and for paying the health department review fee.
27 Subdivision Code— Ch. 12.04 KCC
28 Subdivision Code — Ch. 12.04 KCC
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28 Subdivision Code — Ch. 12.04 KCC
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Sec. 12.04.170. Short subdivision committee.
A. The short subdivision committee shall consist of the planning director, who shall
be chairman; the director of parks and recreation; the director of public works; the fire
chief; and a land use and planning board member. Each committee member is authorized
to designate an alternate to attend in their absence. A designated alternate shall have full
voting power in the short subdivision approval process.
B. Three (3) of the five (5) members of the short subdivision committee must be
present in order for the committee to take any action.
Sec. 12.04.175. Short subdivision preliminary plat meeting. A public meeting
attended by the applicant or representative and the short subdivision committee members
shall be held within forty (40) days of the determination of completeness of the
application. The meeting shall be open to the public.
29 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.180. Approval criteria.
A. A proposed short subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
A-. the public health, safety and general welfare of the community;
b. protection of environmentally sensitive lands and habitat;
c. potable water supplies;
d. sanitary wastes;
e. other public utilities and services, as deemed necessary
f. drainageways;
9. connectivity of streets, roads, alleyways and other private and
public ways for vehicular transportation, where feasible,
h. connectivity of sidewalks, pedestrian pathways, and other planning
features that assure safe walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from school, parks, transit
stops and other neighborhood services, where feasible; and
2. The city has considered all other relevant facts, and
3. The public use and interest will be served by the platting of such short
subdivision and dedication.
4. The city has considered the physical characteristics of a proposed short
subdivision site and may denv a proposed plat because of flood. inundation. or wetland
conditions; slope, or soil stability and/or capabilities. Construction of protective
improvements may be required as a condition of approval, and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body, provision of public improvements to serve
the subdivision, and/or the imposition of impact fees ma b�quired as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat No dedication
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
30 Subdivision Code— Ch. 12.04 KCC
damages to be procured from other property owners as a condition of approval for any
subdivision.
Sec. 12.04.349185. Decision on short subdivisions.
A. The decision of the short subdivision committee shall be made at the short
subdivision committee meeting. An additional meeting may be called if no decision is
reached at the first meeting. The second meeting shall be set for the next scheduled short
subdivision committee meeting or a date mutually greed upon by the subdivider and the
short subdivision committee.
BA. The city shall make written findings on the short subdivision approval criteria. If
approved, the sheA subdivision plat shall be maiked "Appr-eved" and signed by
The applicant shall be notified in writing
of the committee's decision and shall be provided with a copy of the committee's findings
addressing their reasons for approval or denial.
C. The short subdivision committee may approve, approve with modifications and
conditions or den the application for a short subdivision. An short subdivision which
has four (4) or fewer lots shall not be subject to full subdivision standards and shall not
be required to comply with all of the design standards required of subdivisions.
DR. If modifications are deemed necessary by the short subdivision committee, they
may be added to the original short subdivision plat or a new short subdivision plat may
be required
Q if denied, the sheFt subdivision plat shall be marked "Denied" and the appliean
ouull be iiefified in wfitiiig of the de the reasons for- denial.u
,
E. An applicant may request that an application, on which the short subdivision
committee has taken affirmative action, be reopened by the committee if it is found by the
planning director and the applicant that new information has come to light that might
affect the action taken by the short subdivision committee.
31 Subdivision Code — Ch. 1204 KCC
F. In case of a denial by the short subdivision committee, any 4ppeal made shall be
to the hearing examiner in accordance with section 12.04.190. New information may be
presented during hearing examiner consideration of the appeal.
Sec. 12.04.20190. Appeal of short subdivision committee decision. The
decision of the short subdivision committee shall be final, unless an appeal by any
eggFieved party of record is made to the hearing examiner within fourteen (14) calendar
days after the short subdivision committee's decision. The appeal shall be in writing and
shall be processed pursuant to Ch. 2.32 KCC. The decision of the hearing examiner shall
represent final action of the city and is appealable only to the superior court. meal
must be filed with the s within twen4y one (21) ealendar days from the dat-e
the deeisie . issued.
Sec. 12.04.195. Appeal to superior court. The decision of the hearing examiner
is final, unless it is appealed to the superior courtSuch appeal must be filed with the
superior court within twen -one (2 1) calendar days from the date the decision was issued
Sec. 12.04.400200. Property annexed to city with short subdivision
preliminary plat approval from in King Ceounty.
32 Subdivision Code — Ch. 12.04 KCC
A. In instances where property annexed to the city has received short subdivision
preliminary plat approval from King County prior to annexation, the planning department,
department of public works, fire department and building department shall review the plat.
City plan checki*g review and inspections shall be subject to fees, which are on file in the
city clerk's office. if the .,;ty staff finds tl,.,t the pr-el;,,.,ifta y pla4 eemplies with the
following i
15, zeniilg.
B. The density, lot size and dimensions, and the provisions
2. Adequate pr-evisi made for open space, drainage ways, streets, alleys,
public ways, water, sanitary wastes, parks, playgrounds, sites for schools and school
grounds, and those conditions imposed by County need not comply with the
requirements of Title 15, Zoning or the Kent Construction Standards. These1p ats are to
be developed in accordance with e -ivy county standards in effect at the time of sttal
of the subdivision plat to the ,.;t,, vestingof the preliminary plat application in the county.
The v.ty ...asy add vvaauafivur
to the pr-elimiaafy plat in order- to ensure eenfefmanee
eity standards-.
3. No detr-imepA eeeur-s to its sth-Fetmding-s-.
C-R. The preliminary plat shall comply with the King County regulations K42 -C-
12.04.390
42 -C-
1 2.nrc 04.390 pertaining to expiration of the preliminary plat that were in effect on the date
the application vested. The date of approval will be that date on which King County
approved the preliminary plat.
C. ifthe -leve is -are not eenstrHete er- to annexatientothe eity,two
subdivision must- eemply-with KCC 12.04.410.
33 Subdivision Code — Ch. 12.04 KCC
D. The procedures for type I short subdivision final plats shall be those county
procedures and regulations in effect at the time of vestingof f the preliminary short plat
application in the county eutlinea i KCC 12.04.42-0.
Sec. 12.04.41.0205. Installation of improvements or bonding in lieu of
improvements.
A. The following tangible improvements may be required before a subdivision filial
plat is submitted e_ a type I short subdivision is recorded:
1. Grading and paving of streets and alleys;
2. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm
sewers, street lights, water mains and street name signs, together with all appurtenances
thereto.
All improvements are to be made pursuant to specifications and standards of this
Code, approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision, inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
has been assessed in accordance with Ordinance No. 3490 as enacted or as subsequently
amendedhffy
and benefits of the inspeetef.
C. Prior to proceeding with short 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.
D. No final plat shall be s4 ed to the eity eounei type I short
subdivision of five «` or more lets shall be recorded until all improvements are
constructed in a satisfactory manner and approved by the responsible departments or a
bond approved by the city has been posted for deferred improvements. If a developer
34 Subdivision Code — Ch. 12.04 KCC
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 the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed by the applicant and shall specify that all of the deferred improvements
be completed within the time established by the engineering department. If no time is
established, then the time period shall not later be longer than ^re (` after- approval
of the final plat 1,y the eity eouneilone (1) year after recording of ^ five lot or- 1aF eF the
short subdivision. The bond shall be held by the engineering department's bond and
permit specialist eity slerl£. 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 tr-easufer of Kent and shall be in the same amount as the bond it
is substituting.
E. 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 chapter, the developer shall pay 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. The requirement
of the posting of any performance bond or other security shall be binding on the applicant,
his heirs, successors and assigns.
F. The eity engineer- shall neti6, the planning depaAment in writing of
amr- As defeFfe + fbondor- eheek deposited, + limitme fbend eheek-,
name of bending eemp nJ� a Jt Yvft + ' � _ +
_
&. The engineering department shall submit a eertifieate in dupheate te notify the
planning department verifying that the developer has completed the required installations
and/or bonding in accordance with the provisions of this chapter and the specifications
and standards of the departments. One (1) eepy of the eempleted eet4ifieate shall b
35 Subdivision Code— Ch. 12.04 KCC
ftwpfished to the deve1,.,,0..1 y4The planning department tegett,e,- with a notiee shall notify
the developer advising him to proceed with recordation of
a five lot or- lar-g-ef the short subdivision for- t''at ,.,,l4ie,, e f the area whie -�
when the required improvements have been installed and approved or adequate security
has been posted as provided in subsection (D) of this section.
be retained by the plamiiag depai4ment.
Sec. 12.04.2 0210. Filing the short subdivision final short plat.
A. The short subdivision final plat whieh is submitted for filing shall be two (2)
reproducible maps drawn to a scale of not less than one (1) inch representing one hundred
(100) feet unless otherwise approved by the department of engineering eering and on sheets
eighteen (18) by twenty-two 22) inches. The original drawing shall be in black ink on
m lar or photogrra hp is molar, and shall:
2 Be eighteen (1 8) ;,,. hes by twenty t. (22) inehes in size;
Include the date, title, name and location of the subdivision, graphic scale
and true north point.
23. Show the location of all existing fences and structures in relation to lot
lines within or abutting the short plat;
34. Show the location of utilities, streets and easements within or abutting
short plat;
36 Subdivision Code — Ch. 1204 KCC
4. 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
5. Contain data sufficient to 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.
Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in dejrees, minutes and seconds.
Include Lambert coordinates to the nearest five (5) seconds or as required
by more stringent state regulations if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
8. If applicable, display all interior permanent control monuments located as
determined by the city engineer's office. All interior monuments shall be installed prior
to the release of any bond.
9. Be mathematically correct.
10. Be accompanied by an approved printed computer plot closure on all lots
streets, alleys and boundaries.
11. Contain a meets and bounds legal description on the face of the final plat
molar which reflects all ties to subdivision lines donation claim lines and/or recorded plat
lines. The plat shall be accompanied by a current plat certificate with the identical metes
and bounds legal description of the land to be subdivided on both the title report and final
molar.
37 Subdivision Code — Ch. 12.04 KCC
12. Be accompanied by a complete survey of the section 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 reestablished 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 ten thousand (10,000) feet or as required by more stringent
state regulations.
13. List all conditions of approval for the short subdivision on the face of the
plat.
14. Conform to the approved preliminM plat.
156. Be signed by the owner of the property on the face of each the final plat
hmm mylar.
16-7. Include a notarized certificate of the owner, 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, and if the short subdivision is subject to deeding of property, the notarized
certificate shall be signed by all parties having any ownership interest in the lands
subdivided. 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 real
property;
R Ineliirle a euffea4 title et4 „f;.....,; tl, t the title f the lands
rvp 'R�J� �C12V CI'CSG�fC120Z—CT:T
deser-ibed and shown on the plat is the name f tt, evvner signing the plat t4 f; t'
ent
B. In addition to other requirements as specified in this section the final plat shall
contain or be accompanied by the following_
38 Subdivision Code —Ch. 12.04 KCC
1. Certification showing that streets, rights-of-way and all sites for public use
have been properly 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 KCC
12.04.205 (D), deferred improvements.
5. The subdivider shall furnish the city a current plat certificate or title report
from a title insurance company, produced no more than folly -five (45) calendar days prior
to final plat application, that documents the ownership and title of all interested parties in
the plat, subdivision, or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the meets and bounds legal description
on the face of the plat. The city reserves the right to require updates of the certificate or
title report at any time prior to signing the final plat by the short subdivision committee
chairman.
6. Copies of anv restrictive covenants as may be used in the short subdivision.
7. Certification of approval to be signed by the King County assessor.
8. Certification of approval to be signed by the King County recorder.
CB. All short subdivision final plats shall be surveyed by a land surveyor licensed in
the state. All exterior corner and/or
angle points shall be set with re -bar and cap The We of street monuments used shall be
in accordance with City of Kent standards and shall be installed per those same standards
The licensed land surveyor's certification must appear on final lmylar. Certificates of
39 Subdivision Code— Ch. 12.04 KCC
approval by the chairman of the short subdivision committee., and the King County
assessor and the King County recorder must be provided on the final lmylar.
D. If any utility companies and/or utility districts have existing easements within the
proposedlap t, the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to the City of Kent.
E. The final plat must be submitted to the planning department for review by the city
as to compliance with all terms of the preliminary approval of the proposed subdivision
or dedication; terms of bonding or the completion of all improvements; and completeness
and accuracy of survey data and platting requirements.
F. The short subdivision final plat shall be signed by the chairman of the short
subdivision committee when the plat is determined to be in compliance with all applicable
short subdivision platting requirements and before it is filed with King County.
G. An approved short subdivision final plat shall be filed for record in the office of
the King County auditor and shall not be deemed approved until filed
H. A copy of the recorded short plats shall be filed with the planning department and
one set of the original mylar shall be filed with the department of public works
Sec. 12.04.259215. Short subdivision plat expiration. If the short subdivision
final plat is not filed within one (1) year of the date of preliminary plat approval, the short
subdivision plat shall be null and void. Upon written request of the subdivider, the
planning department may grant one (1) extension of not more than one (1) year. Such
request must be received by the planning department prior to the one-year expiration date.
Sec. 12.04.210220. Limitations on further subdivision. Any land subdivided
under the requirements for a short subdivision shall not be further divided for a period of
five (5) years without following the procedures for subdivisions, except that when the
short subdivision contains fewer than four parcels nothing in this section shall prevent
the owner who filed the short subdivision from filing an alteration within the five-year
period to create up to a total of four lots within the original short subdivision boundaries.
40 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.225. Procedure for alteration of a type I short subdivision.
A. If an applicant wishes to alter a type I short subdivision or any portion thereof,
except as provided in Section 12.04.230, that person shall submit an application to the
planning department requesting the alteration. The application shall contain the signatures
of all persons having an ownership interest in lots, tracts, parcels, sites or divisions within
the subdivision or in that portion of the subdivision to be altered.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision, and the application for alteration would result in the
violation of a covenant, the application shall contain an agreement signed by all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purr ose of the alteration of the subdivision or portion thereof.
C. If the alteration is requested to a short subdivision prior to final plat review and
signature, a minor alteration maybe approved with consent of the planning director and
the public works director. A major plat alteration shall require consent of the short
subdivision committee, after public notice and a public meeting is held. The planning
department shall provide notice of the application for a major plat alteration to all owners
of property within the subdivision, and as was required by the original short plat
application. The planning director shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration.
D. If the alteration is requested to a short subdivision after final plat review and
signature, but prior to filing the final plat with King Coqpty, a plat alteration maybe
improved with consent of the short subdivision committee Upon receipt of an application
for alteration, the planningdgpartment shall provide notice of the application to all owners
of property within the subdivision and as was required by the original short plat
application. The notice shall establish a date for a public meeting.
E. If the alteration is requested to a short subdivision after filing the final plat with
King County, a minor plat alteration mawapproved with consent of the short
subdivision committee. If the Planning Director determines that the proposed alteration
41 Subdivision Code — Ch. 12.04 KCC
is a major alteration, then the Planning Director mayrequire re 1p atting_pursuant to this
Chapter 12.04. Upon receipt of an application for alteration the planning_ department
shall provide notice of the application to all owners of property within the subdivision
and as was required by the subdivision plat application. The notice shall establish a date
for a public meeting.
F. The short subdivision committee shall determine the public use and interest in the
proposed alteration and may deLly or approve the application for alteration If any land
within the alteration is part of an assessment district any outstanding assessments shall
be equitably divided and levied against the remaining lots parcels or tracts or be levied
equitably on the lots resulting from the alteration. If any land within the alteration
contains a dedication to the general use of persons residing within the subdivision such
land may be altered and divided equitably between adjacent properties
G. After approval of the alteration, the short subdivision committee shall order the
applicant to produce a revised drawing of the approved alteration of the short subdivision
which after signature of the chair of the short subdivision committee the final plat shall
be filed with the county auditor to become the lawful plat of the property.
H. This section shall not be construed as applying to the alteration or replatting of any
plat of state -granted tide or shore lands.
Sec. 12.04.230. Procedure for vacation of a type I short subdivision.
A. Whenever an applicant wishes to vacate a type I short subdivision or any portion
thereof, that person shall file an application for vacation with the planning department
The application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subject to vacation
B. If the short subdivision is subject to restrictive covenants which were filed at the
time of the approval of the short subdivision and the application for vacation would result
in the violation of a covenant, the application shall contain an agreement signed ball
parties subject to the covenants providing that the parties agree to terminate or alter the
42 Subdivision Code — Ch. 1204 KCC
relevant covenants to accomplish the purpose of the vacation of the short subdivision or
portion thereof.
C. When the vacation application is specifically for a city street or road the
procedures for street vacation in Ch. 6.09 KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads, the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within 200 feet of short subdivision boundaries and to all applicable
agencies. The short subdivision committee shall conduct a public meeting if the requested
vacation does not involve a public dedication. The city council shall conduct a public
hearing on the application for a vacation if the request involves a public dedication. The
application for vacation of the short subdivision may be approved or denied after the city
has determined the public use and interest to be served by the vacation of the short
subdivision. If any portion of the land contained in the short subdivision was dedicated
to the public for public use or benefit, such land, if not deeded to the city, shall be deeded
to the city unless the city council sets forth findings that the public use would not be
served in retaining title to those lands.
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public for public use
other than a road or street, and the citv council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council When the road or street
that is to be vacated was contained wholly within the short subdivision and is part of the
boundary of the short subdivision, title to the vacated road or street shall vest with the
owner or owners of property contained within the vacated subdivision
F. This section shall not be construed as applying to the vacation of any plat of state -
granted tide or shore lands.
43 Subdivision Code — Ch. 1204 KCC
Sec. 12.04.430235. General requirements a Standards for the subdivision
of land and any dedications.
A. It is the purpose of this subsection to provide for the protection of valuable,
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area. Goals are to preserve drainage patterns,
protect ground water supply, prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the city as a
whole, and to the subdivider in creating an attractive and quality environment. Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
to the safety and general health of the future residents such as land adversely affected by
flooding, bad drainage, steep slopes, rock formations. Land which the city council
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions. If any portion of the land
within the boundary of a preliminary plat or approved record of survey is subject to flood,
or inundation, or is in a flood control zone, according to Chapter 86.16 RCW, that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat. Every reasonable effort shall be made to
preserve existing trees. Every effort shall be made to preserve existing streams, bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed only when going under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts, buffer strips may be provided. No plan for the
replatting, subdivision, or dedication of any areas shall be approved by the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
44 Subdivision Code — Ch. 1204 KCC
conform to any adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width, unless otherwise approved by the
engineering department. All proposed street names shall be approved by the city. Streets
intersecting with existing or proposed public highways, major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline.
2. Residential cul-de-sacs shall not exceed a length of six hundred (600) feet.
3. No street grades shall exceed fifteen (15) percent. A grading permit shall
be required as per Appendix 70 of the Uniform Building Code as adopted in KCC
14.01.010 prior to any grading.
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for community or major arterials, one hundred fifty (150) feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets.
5. Where a deflection angle of more than ten (10) degrees in the alignment
of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty
(60) feet or more in width, the centerline radius of curvature shall be not less than three
hundred (3 00) feet and on other streets it shall be not less than one hundred (100) feet.
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width. All street improvements shall be
of full -width improvement. Full -width improvement shall consist of the following:
a. All streets, roads, and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
45 Subdivision Code — Ch. 12.04 KCC
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs and gutters
according to city specifications.
d. All streets shall have storm drains consisting of the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminary plat. Whenever open ditch is allowed, no closed drains may be
installed except across an authorized driveway.
e. All primary/major arterials, secondary arterials and collector streets
shall have sidewalks, with a minimum of five (5) feet width on at least one (1) side.
f. All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adjacent full-grown trees.
g. Streets which may be extended in the event of future adjacent
platting may be required to be dedicated to the boundary line. Extensions of greater depth
than an average lot shall be improved with temporary turnarounds. Dedication of a full -
width boundary street may be required in certain instances to facilitate future
development.
h. Any planting strips in residential subdivisions shall be not less than
four (4) feet in width.
L Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets, as defined in the comprehensive plan,
must be adhered to if full pavement is required:
Right -of- Pavement
way width width
(feet) (feet)
Major Arterial 80 60
Secondary Arterial 70 44
Collector 60 36
46 Subdivision Code — Ch. 12.04 KCC
Local Street 60 32
Cul -de -Sac 50 28-32
Where full pavement is not required the right-of-way widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven (11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five (5) foot potential sidewalk sections.
If a subdivision is located in the area of an officially designed trail, provisions may
be made for reservation of the right-of-way or for easements to the city for trail purposes.
Sec. 12.04.440240. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground. Those
utilities to be located in the planting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections, as approved by the engineering department.
Such installation shall be completed and approved prior to the application of any surface
material.
B. Unless septic tanks are specifically approved by the city, sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards.
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full -width roadway and required slopes. The size
openings to be provided shall be determined by Talbot's formula, but in no case shall be
less than twelve (12) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering and fire
department ordinances and requirements.
47 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.450245. Public use and service areas. Due consideration shall be
given by the subdivider to the allocation on adequately -sized areas for public service
usage. Easements may be required for the maintenance and operation of utilities as
specified by the engineering department. Due regard shall be shown for all natural features
such as large trees, watercourses, historical spots and similar community assets which, if
preserved, will add attractiveness and value to the property.
Sec. 12.04.47-0250. Lots. Insofar as practical, side lot lines shall be at right angles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Corner lots may be required to be platted with
additional width to allow for the additional side yard requirements. Lots which are
bordered by two (2) more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot corners at intersections of dedicated public rights-of-way shall
have a minimum radii of fifteen (15) feet.
Sec. 12.04.480255. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling corner of the subdivision. Interior monuments shall be located as
determined by the engineering department. All surveys shall be of second degree accuracy.
The use of state plane coordinates is encouraged. All other lot corners shall be marked
with suitable metal or wood markers.
B. Street signs. The subdivider shall reimburse the city on the cost of the public
street name signs and installation necessary in the subdivision. The subdivider at his cost
shall install street name signs on all private streets in the subdivision.
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen (15) percent and in which any street
in the subdivision has grades greater than seven (7) percent at any point. Additional
48 Subdivision Code — Ch. 12.04 KCC
regulations shall be placed on hillside subdivisions in order to protect the unique
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
regulations of KCC 12.04.235 through 12.04.255(A) and (B) which shall apply unless
specifically excepted:
1. Information concerning the soils, geology, drainage patterns, and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining walls.
3. Streets may have a grade exceeding fifteen (15) percent and street widths
may be less than those required in KCC 12.04.235(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
4. Lots may be required to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
5. Any clearing or grading shall be accompanied by erosion control measures
as deemed necessary by the engineering department.
Sec. 12.04.455260. Zero lot line type I short subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The regulation of KCC 12.04.235 through 12.04.255 shall apply unless specifically
excepted. In addition, -Tthe following standards shall apply to zero lot line subdivision;..
In addition, regulation of KCC ow04.233 thfeugh 12.04.255 shalapply unless
speeifieally o „.ea.
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the city to require public rights-of-way to be
49 Subdivision Code — Ch. 12.04 KCC
provided within the development. When the provision of such rights-of-way is necessary,
the right-of-way width, paving width, and other standards shall be the same as would
otherwise be required. The perimeter buffering requirement shall be applied along these
rights-of-way.
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be provided along both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four (24) feet. The minimum paving width for
all residential access streets shall be twenty (20) feet. A four (4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking provided at the dwelling.
2. Installation of utilities. All utilities designed to serve the development shall
be placed underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
paved surfaces shall be installed, including all service connections, as approved by the
public works department. Such installation shall be completed and approved prior to the
application of any surface material. Easements may be required for the maintenance and
operation of utilities as specified by the engineering department.
a. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage system shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full -width roadway and
required slopes. The size openings to be provided shall be determined by Talbot's
50 Subdivision Code — Ch. 12.04 KCC
formula, but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
C. Water system. The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.500265. Design standards for
of industrial and commercial design Tats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
Right-of-way Pavement
width in feet width in feet
Industrial Arterial
90
60
Industrial Collector
80
44
Industrial Access
60
36
Commercial Streets
60
36
Alleys
20
--
The city may require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic congestion.
C. All industrial arterial (ninety (90) foot right-of-way), industrial collectors (eighty
(80) foot right-of-way), and commercial streets (sixty (60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
51 Subdivision Code — Ch. 12.04 KCC
commercial access streets which are also through streets shall have sidewalks a minimum
of five (5) feet in width, on one (1) side.
D. All lot corners at intersections of dedicated public rights-of-way shall have a
minimum radii of twenty-five (25) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminary plat.
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width,
except where fronting on major streets or prevented by topographical conditions or size
of the property, in which case the land use hearing examiner may approve a lesser width.
Blocks should not be greater than one thousand (1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size, shape
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created, they shall
conform to the following criteria:
1. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Corner lots may be required to be platted wider than interior lots as
determined by the planning department.
�.
52 Subdivision Code — Ch. 12.04 KCC
52 Subdivision Code — Ch. 12.04 KCC
�.U-1
III. Type II Short Subdivisions
Sec. 12.04.400. Purpose of type II short subdivisions. The procedures
regulating type II short subdivisions are established to promote orderly and efficient
division of lots on a smaller scale, promote infill development and meet density
requirements in established urban areas while minimizingthe he application review time
avoiding placing undue burdens on the subdivider and complying with the purpose of this
chapter and the provisions of RCW 58.17.060 et seq.
Sec. 12.04.405. Scope.
A. AU land being divided into more than four (4) and less than ten (10) parcels lots
tracts, sites or subdivisions, any one (1) of which is less than tweM (20) acres in size and
which has not been divided in a short subdivision within a period of five (5) years shall
be subject to the requirements of this section.
B. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a conti ug ous parcel that has been divided in a short
subdivision within the precedingfive ive (5) years. Such serial subdivision of contiguous
53 Subdivision Code — Ch. 12.04 KCC
III. Type II Short Subdivisions
Sec. 12.04.400. Purpose of type II short subdivisions. The procedures
regulating type II short subdivisions are established to promote orderly and efficient
division of lots on a smaller scale, promote infill development and meet density
requirements in established urban areas while minimizingthe he application review time
avoiding placing undue burdens on the subdivider and complying with the purpose of this
chapter and the provisions of RCW 58.17.060 et seq.
Sec. 12.04.405. Scope.
A. AU land being divided into more than four (4) and less than ten (10) parcels lots
tracts, sites or subdivisions, any one (1) of which is less than tweM (20) acres in size and
which has not been divided in a short subdivision within a period of five (5) years shall
be subject to the requirements of this section.
B. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a conti ug ous parcel that has been divided in a short
subdivision within the precedingfive ive (5) years. Such serial subdivision of contiguous
53 Subdivision Code — Ch. 12.04 KCC
parcels in the same ownership is defined as 'piggybacking' short subdivisions, and is
prohibited unless the subject property has received master plan approval by the city
through a rezone, planned unit development or other hearing process, then 'piggybacking'
short subdivisions shall be permitted. Such short subdivisions must be consistent with the
approved master plan.
Sec. 12.04.410. Preliminary consultation with staff. Any person who desires
to subdivide land in the city should consult with the planning department at an early date
on an informal basis in order to become familiar with the requirements of this chapter.
The department of public works should be consulted at this time for advice and assistance
in understanding the engineering requirements of this chapter and the construction
standards of the city.
Sec. 12.04.415. Application procedures. An application for a type H short
subdivision consists of six (6) separate steps as follows:
1. Preparation of the tentative short subdivision and submission of the
tentative short subdivision application to the planning department;
2. Review of the tentative short subdivision by the city and convene a meeting
with the developer and the city resulting in the issuance of a tentative subdivision letter;
3. Preparation of the preliminM plat of the proposed short subdivision and
submission of the preliminary short subdivision application to the short subdivision
committee for a public meeting and decision;
4. Installation or bonding of improvements according to the approved
preliminary plat requirements and satisfaction of all plat conditions;
5. Submission of the final plat to the planning department for review and
signature by the chair of the short subdivision committee;
6. Recordation of the approved final plat in the office of the King County
department of records and elections.
54 Subdivision Code — Ch. 12.04 KCC
See. 12.04.4-50420. Subdivision in phases. In a phased type II short subdivision,
preliminary plat approval must be granted for the entire subdivision and must delineate
the separate divisions which are to be developed in increments. The preliminary plat
approval shall be conditioned upon completion of the proposed phases in a particular
sequence and may specify a completion date for each phase. Final plat approval shall be
granted for each separate phase of the preliminary plat and any changes at the preliminary
plat stage would require ^Qitiy eetmeil approval of the short subdivision committee.
Sec. 12.04.0425. Subdivision 4Tentative short plat review.
A. Applications for a short subdivision tentative plat meeting and review shall be
filed with the planning department. A tentative plat meeting and review shall be
considered equivalent to a pre -application meeting for the purposes of meeting the
requirements of KCC 12.01.080. Seventeen (17" eepies e fthe tentative subdivision PW
shall be fil The scale and information required for a tentative short subdivision
applicationplat and number of copies to be filed shall be in accordance with the
requirements of the planning director KGG seetie 1 0 330 (B) exesept that the reale
and infeFmatien de not need to be pr-eeise and the map does net need to be prepared by
a registered land surveyef.
B. The planning department shall transmit copies of the short subdivision tentative
plat to the fire, development service public works and parks departments public utilitX
agencies serving the area, and to any other department or agency deemed necessn. the
following depai4meats.:
;
2. One (1) eepy to the building depai4ffwatt
3. One (1) eepy to the health ;
4. to the fire depaAment; anQ
5. One (1) eaeh to the publie utilivy age g the area.
C. A meeting on the subdivisien tentative short plat shall may be helds which is
attended by the planning department, other city departments which receive copies of the
55 Subdivision Code — Ch. 12.04 KCC
tentative plat the planning depaAfneifit' and the subdivider. Any recommendations of the
various departments for revision of the tentative plat should be discussed at such meeting_
These recommendations and potential conditions of approval for the short plat shall be
as well as recorded in writing and mailed to the subdivider by the planning department.
D. After- the tonWive pla4 meeting an ro ept � *The recommendations of the city
a LVA L11V LV11LK41 Y V 1
departments shall be based on whether the tentative short plat is,
must �e ton
fin that t t. ave p ,+.
,
1. Is -in gener-al-conformance with the purpose and regulations of this chapter;
2. In conformance with fire safely egulations;
3. In conformance with City of Kent Construction Standards-,
4. In conformance with building code regulations;
5-2. In conformance with the appropriate s8treets standards and eenfefm te the
circulation pattern established or proposed for the area that the subdivision will be
developed in;
6-3. Is -in conformance with sewer, water and other utility plans for the area;
74. 4-nNot detrimental to its surroundings.
E. If the short subdivision tentative plat is recommended to proceeLappfeved as
presented or as modified as in accordance with the written suggestions made by the
cidmeeting, the applicant shall proceed to the
preliminary short subdivisionplat stage. If not recommended to proceeded, a
preliminary short subdivisionplet may still be submitted to the hearing examine short
subdivision committee. However, it is likely that the same objections and problems will
arise at that stage.
F. If changes are made to a preliminary short plat which has already received
tentative plat recommendations and potential conditions the planning department shall
compare the subdivision tentative short plat and the proposed preliminary short plat and
shall make a determination whether the preliminary plat requires additional tentative plat
review. A new tentative plat review and meeting may be required if the preliminn plat
is not substantially similar to the tentative plat reviewed b the The determination of
56 Subdivision Code— Ch. IZ04 KCC
the necessity for another tentative plat meeting shall be based on the following
considerations:
1. The degree of commonality between the two (2)plans (i.e., the preliminary
plat is a refinement of the tentative plat, or is a completerplat for the same
property), and
2. The presence or absence of revisions present in the preliminary plat
resulting from concerns or recommendations raised at the tentative plat meetine.
Sec. 12.04.430. Preliminary short subdivision application.
A. Application for a short subdivision shall be made to the planning department on
the forms supplied and in the number of copies prescribed by that department.
B. The short subdivision plat shall be a neat and approximate drawing on
reproducible material at a decimal scale. The plat map shall measure between eight and
one-half (8 1/2) inches by eleven (11) inches and eighteen (18) inches by twenty-two (22)
inches and shall include:
1. The short subdivision name and number, the name and address of the
owner, and the name and address of the licensed land surveyor and if applicable, the
subdivision engineer,
2. The date of preparation, the true north point, a graphic scale and legal
description of the property to be subdivided and drawn to an appropriate decimal scale;
3. The location of existing and proposed platted property lines, and existing
section lines, streets, buildings, water courses, railroads, bridges, and anv recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands that abut the proposed subdivision, for a distance of one hundred (100)
feet from the edge of the subject property;
4. The names, locations, widths and other dimensions of proposed streets
alleys, easements, parks and other open spaces reservations and utilities;
57 Subdivision Code — Ch. 12.04 KCC
5. The acreage of land to be subdivided; the number of lots; the area of each
lot; and the approximate square footage_and approximate percent of total acreage in open
space;
6. The approximate dimensions of each lot;
7. How the proposed subdivision will be served by utilities and the location
of sewer and water lines.
All existing structures and distances from any existing and proposed lot
lines within or abutting the short subdivision within a distance of fifty (50) feet.
Monumentation of all exterior corners and streets and be surveyed by a
land surveyor licensed in the state.
10. Provisions for considering sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school, users of public
transit and other pedestrians.
11. All of the information requested on the application form by the planning
director.
Sec. 12.04.435. Principles of acceptability. No short subdivision shall be
approved unless the following principles of acceptability are met; the short subdivision
shall:
1. Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed short plat may be denied
because of flood inundation or wetland conditions; slope soil stability and/or capabilities;
or the construction of protective improvements may be required as a condition of
ap rp oval;
4. If adjacent to another municipality or King County take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
58 Subdivision Code — Ch. 12.04 KCC
5. Make adequate provision for stormwater detention, draina eg_wUs, water
supplies, sanitary wastes, and other public utilities and services, as required by applicable
laws, codes, rules and regulations.
6. Where feasible, make adequate provision for the connectivity of streets,
alleys, pedestrian accessways and other public ways.
Sec. 12.04.440. Determination of completeness. Within twenty-eight (28)
calendar days after receiving a type H short subdivision preliminga plat application, the
planning department shall mail or personally provide to the applicant a written
determination of completeness which states either that the application is complete or
incomplete. If incomplete, the letter shall identify what information is required to make
the application complete. The letter shall also identify, to the extent known by the city,
other agencies with jurisdiction over the short subdivision application. If the city
determines that an application is not complete, the applicant shall have up to ninety (90)
calendar days to submit the necessary information to the city. If the applicant either
refuses in writing to submit additional information or does not submit the required
information within the ninety(90) calendar day period, the application shall lapse because
of a lack of information necessary to complete the review. Within fourteen (14,) calendar
days after an applicant has submitted the requested additional information the city shall
again make the completeness determination and shall notify the applicant in the same
manner.
If the short subdivision application is determined to be complete the planning
department shall accept the application and note the date of acceptance. The time period
for review of the proposed short subdivision begins following the determination of a
complete application and acceptance of the application by the city. If the city does not
provide a written determination to the applicant that the application is incomplete the
application shall be deemed complete at the end of the twentv-eight (28) day completeness
reviewep riod.
59 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.445. Vesting. A proposed division of land shall be considered under
the requirements of this chapter and the zoning and other land use regulations in effect on
the land at the time that a preliminary plat application for a type H short subdivision as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the city of Kent, pursuant to KCC Chapter 12.04.440.
Sec. 12.04.450. Notice of application. A notice of application shall be issued for
short subdivision applications within fourteen (14) calendar days after the city has made
a determination of completeness, and at least fifteen (15) calendar days prior to the short
subdivision committee meeting date. The notice of application shall be mailed, published
and posted on the same day, in the following manner:
1. The city shall publish the notice of application in a newspaper ofeg neral
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
3. The city shall mail the notice of application listing the date of the short
subdivision committee meeting, to the applicant and all owners of real property as shown
by the records of the county assessor's office within two hundred (200) feet of anyportion
of the boundary of the proposed subdivision. In addition, if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties abutting
them, these additional properties shall also be mailed a notice of application.
4. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any_person who requests such notice in writing_
5. One notice of application shall be done for all permit applications related
to the same project at the time of the earliest complete projecte� rmit application
Sec. 12.04.455. Referral of preliminary short subdivision application. Upon
determination of completeness of an application for a short subdivision the planning
60 Subdivision Code — Ch. 12.04 KCC
dppartment shall transmit one (1) copy of the application materials to each member of the
short subdivision committee, provide copies to the appropriate city departments and to any
other department or agency deemed necessary. The application shall be transmitted at least
fifteen (15) calendar days prior to the short subdivision committee meeting.
Sec. 12.04.460. Notification of agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over the
short subdivision application. Such notice shall include the hour and location of the short
subdivision committee meeting and a description of the property to be platted. A copy of
the plat and application materials shall be provided to agencies as deemed necessary or
if requested by the agency.
B. Notice of application for a preliminary plat of a proposed short subdivision
adjacent to or within one (1) mile of the city boundaries or which contemplates the use of
King County's or any other city's or town's utilities shall be given to the appropriate
county, city or town authorities.
C. Notice of application for a preliminaryplat of a proposed short subdivision located
adjacent to the right-of-way of a state hi way shall be given to the State Department -of
Transportation. Such notice shall include the hour and location of the meeting, a legal
description of the short subdivision and a location map. The department of transportation
shall, within fourteen (14) days after receiving the notice, submit to the planning
department a statement of any information that the department deems to be relevant about
the effect of the proposed short subdivision upon the legal access to the state hi hghway, the
traffic carrying_capacity of the state highway and the safety of the users of the state
highway
Sec. 12.04.465. Public notice.
A. Notice of the short subdivision committee meeting shall be given in the following
manner:
61 Subdivision Code — Ch. 12.04 KCC
1. Notice of application shall be mailed, published and posted on the same
day, at least fifteen (15) calendar days prior to the meeting date.
2. The date of the short subdivision committee meeting shall be listed on the
notice of application, which shall be mailed to the applicant and all owners of real
property as shown by the records of the county assessor's office within two hundred (200)
feet of M portion of the boundary of the proposed subdivision. In addition, if the
property to be short subdivided abuts parcels greater than two (2) acres which have other
properties abutting them, these additional properties shall also be mailed a notice of
qpplication. The city shall mail or send the notice of application to all agencies with
jurisdiction, city_ departments, and to any person who requests such notice in writing_
3. The city shall publish the notice of application in a newspaper ofeg neral
circulation within the city.
4. The applicant shall place at least one public notice board on the property
to be subdivided. The public notice board must be placed on the property as directed by
the planning department, and no later than fourteen (14) days after a determination of
completeness. The applicant must remove the public notice boards from the property
within seven (7) days after the end of the comment notice period or the conclusion of the
public meeting(s). If the property to be subdivided is located adjacent to more than one
public street or has more than one potential access route, one public notice board shall be
placed on the property adjacent to each public street or potential access route. Planning
department staff shall post the notice of application on the public notice boards on the
property and shall also post the notice of application at Kent city hall and in the register
for public review at the planning department office.
Sec. 12.04.470. Public comment.
A. Affected agencies and the public shall have a fourteen (14) calendar dgy period to
comment on a notice of application. An agency is presumed to have no comments if
comments are not received within the specified time period. The planning director may
grant an extension of time only if the application involves unusual circumstances. Any
62 Subdivision Code— Ch. I Z 04 KCC
extension shall not be granted for a period longer than three (3) additional calendar dam
The public may make written response to the proposed short subdivision application
within the comment period.
B. The fourteen (14) day public comment period begins on the date the notice of
application is mailed, posted and published. The planning department must receive all
public comments by 4:3012.m. on the last day of the comment period.'Comments maybe
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The short subdivision committee shall not take action on a short subdivision
agpplication until after the comment period has passed.
Sec. 12.04.475. Agency recommendations. At the time of the preliminary short
subdivision plat application written recommendations for approval or disapproval must
be submitted from the health agencies responsible for approval of the proposed means of
sewage disposal and/or water sup 1regarding the general adequacy of the proposed
means of sewage disposal and/or water supply. The applicant is responsible for
submittingthe he appropriate application forms to the Seattle -Kin County health department
and for pa ndng the health department review fee.
Sec. 12.04.480. Short subdivision committee.
A. The short subdivision committee shall consist of the planning director, who shall
be chairman; the director of parks and recreation; the director of public works; the fire
chief; and a land use and planning board member. Each committee member is authorized
to designate an alternate to attend in their absence. A designated alternate shall have full
voting power in the short plat approval process.
B. Three (3) of the five (5) members of the short subdivision committee must be
present in order for the committee to take any action.
Sec. 12.04.485. Short subdivision preliminary plat meeting A public meeting
attended by the applicant or representative and the short subdivision committee members
63 Subdivision Code — Ch. 12.04 KCC
shall be held within forty (40) days of the determination of completeness of the
application. The meeting shall be open to the public.
Sec. 12.04.490. Approval criteria.
A. A proposed short subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
A, the public health, safety and general welfare of the communitL
b. protection of environmentally sensitive lands and habitat;
c. potable water supplies;
d. sanitary wastes,
e. other public utilities and services as deemed necessary;
f. drainagewa
9. stormwater detention;
h. community parks and recreation;
i. neighborhood tot lots and play areas;
L schools and schoolgrounds;
k. transit stops;
1. connectivity of sidewalks, pedestrian pathways and other planning
features that assure safe walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from school parks transit
stops and other neighborhood services where feasible;
M. connectivity of streets roads alleyways and other private and
public ways for vehicular transportation where feasible; and
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the platting of such short
subdivision and dedication.
4. The city has considered the physical characteristics of a proposed short
subdivision site and may deny a proposed plat because of flood inundation or wetland
64 Subdivision Code— Ch. 12.04 KCC
conditions, slope or soil stability and/or capabilities Construction of protective
improvements may be required as a condition of approval and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body, provision of public improvements to serve
the subdivision, and/or the imposition of impact fees may be required as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat No dedication
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
damages to be procured from other property owners as a condition of approval for any
subdivision.
Sec. 12.04.495. Decision on short subdivisions.
A. The decision of the short subdivision committee shall be made at the short
subdivision committee meeting. An additional meeting may be called if no decision is
reached at the first meeting. The second meeting shall be set for the next scheduled short
subdivision committee meeting or a date mutually gre�pon by the subdivider and the
short subdivision committee.
B. The citv shall make written findings on the short subdivision approval criteria
The applicant shall be notified in writing of the committee's decision and shall be
provided with a copy of the committee's findings addressing their reasons for approval
or denial.
C. The short subdivision committee mayapprove approve with modifications and
conditions or den the application for a short subdivision. An short subdivision which
is in excess of four (4) lots shall be subject to full subdivision standards and shall comply
with all of the design standard sections of this code
D. If modifications are deemed necessary by the short subdivision committee they
may be added to the original short subdivision plat or a new short subdivisionlap t may
be required by the short subdivision committee
65 Subdivision Code— Ch. I Z 04 KCC
E. An applicant may request that an application on which the short subdivision
committee has taken affirmative action, be reopened by the committee if it is found by the
planning director and the applicant that new information has come to light that might
affect the action taken by the short subdivision committee
F. In case of a denial by the short subdivision committee any appeal made shall be
to the hearing examiner in accordance with section 12.04.500 New information may be
presented duringhearing examiner consideration of the appeal
Sec. 12.04.500. Appeal of short subdivision committee decision. The decision
of the short subdivision committee shall be final unless an appeal by party of record is
made to the hearing examiner within fourteen (14) calendar days after the short
subdivision committee's decision. The appeal shall be in writing and shall be processed
pursuant to Ch. 2.32 KCC. The decision of the hearing examiner shall represent final
action of the city and is appealable only to the superior court
Sec. 12.04.505. Appeal to superior court. The decision of the hearing examiner
is final, unless appealed to the superior courtSuch appeal must be filed with the superior
court within twenty-one (2 1) calendar days from the date the decision was issued
See. 12.04310. Lots. Lots are opt
' 0 1in industfial aeemmer-cial
'
subdivisions. The size, shape
width r-equir-ements of the applieable
and orientation
vauiib
of lots shall meet the mininpam area and
at
elassifieation a shall beappr-epr-iatefer-
type
are er- 4 .1y they shall eefifefm
to the f 11
V 1
+
I . Insofm as pr-aetieal,
radial toe a nt-Yo t limes,
2. Comef lets
detefmined by the planning
side let lines
may be r-equir-ed
depai4ment,
shall be at r-igM angles to stfeet lines ef
to be platted wider- than ipAer-ier- lets
66 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.510. Property annexed to city with short subdivision preliminary
plat approval from Kine County.
A. In instances where property annexed to the city has received short subdivision
preliminatYplat approval from King Countyprior to annexation, the planning_ department,
department of public works, fire department and building department shall review the plat.
City plan check review and inspections shall be subject to fees, which are on file in the
city clerk's office.
B. The density, lot size and dimensions, and the provisions made for open space,
drainage ways, streets, alleys, public ways, water, sanitary wastes, parks, playgrounds,
sites for schools and school grounds, and those conditions of approval imposed by King
County need not comply with the requirements of KCC Title 15, Zoning or the Kent
Construction Standards. These plats are to be developed in accordance with county
standards in effect at the time of vesting of the preliminary plat in the county.
C. The preliminary plat shall comply with the King County regulations pertaining to
expiration of the preliminary. plat that were in effect on the date the application vested.
The date of approval will be that date on which King County approved the preliminary
plat.
D. The procedures for type II short subdivision fmal plats shall be those county
procedures and regulations in effect at the time of vestingof f the preliminary short plat
application in the county.
Sec. 12.04.515. Installation of improvements or bonding in lieu of
improvements.
A. The following tangible improvements may be required before a short subdivision
of five 5) or more lots is recorded:
1. Grading and paving of streets and alleys•
2. Installation of curbs gutters sidewalks monuments sanitary and storm
sewers, street lights, water mains and street name signs together with all appurtenances
thereto.
67 Subdivision Code — Ch. 12.04 KCC
All improvements are to be made pursuant to specifications and standards of this
Code approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision, inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
has been assessed in accordance with Ordinance No. 3490 as enacted or as subsequently
amended.
C. Prior to proceeding with short 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
aeg ncies.
D. No type II short subdivision shall be recorded until all improvements are
constructed in a satisfactory manner and approved by the responsible departments or a
bond approved by the city has been posted for deferred improvements. 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 necessm. 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 (15 0) percent of the estimated cost
of the required improvements. The decision of the city engineer and planning director as
to the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed by the applicant and shall specify that all of the deferred improvements
be completed within the time established by the engineering department If no time is
established, then the time period shall not be longer than one (1) year after recording of
the short subdivision. The bond shall be held by the engineering department's bond and
permit specialist. 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 of Kent and shall be in the same amount as the bond it is substituting_
E. The citv 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
68 Subdivision Code — Ch. 12.04 KCC
to enforce any provisions of this chanter, the developer shall pay 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. The requirement
of the posting of any performance bond or other security shall be binding on the applicant
his heirs, successors and assigns.
F. The engineering department shall notify the planning department verifying that the
developer has completed the required installations and/or bonding in accordance with the
provisions of this chapter and the specifications and standards of the departments. The
planning department shall notify the developer advisinghim to proceed with recordation
of the short subdivision when the required improvements have been installed and
Uproved or adequate security has been posted as provided in subsection (D) of this
section.
Sec. 12.04.42,0520. Filing the final
short plat.
A. An application for short subdivision final plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. Eleven e (1 1) eepies of the &W plm plus the efiginal shall b submitted. The
final plat shall be prepared by a land surveyor registered in accordance with the
requirements of Chapter 18.43 RCW, and shall conform to the preliminary plat.
Application fees are on file in the city clerk's office and the planning_ department.
B. The €kialubdivisien plat or- fiial short subdivision final plat for -
b i:'isiens of five «` more z tT submitted for filing shall be two (2) reproducible
maps drawn to a scale of not less than one (1) inch representing one hundred (100) feet
unless otherwise approved by the department of engineering and on sheets eighteen (18)
by twenty-two (22) inches. The original drawing shall be in black ink on linen traeillg
mylar or photographic mylar, and shall:
1. Include the date, title, name and location of the subdivision, graphic scale
and true north point.
69 Subdivision Code— Ch. 12.04 KCC
2. Show the location of all existing fences and structures in relation to lot
lines within or abutting the short plat.
3. Show the location of utilities, streets and easements within or abutting
short plat.
4-2. 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.
5-3 Contain data sufficient to 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.
64. Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in degrees, minutes and seconds.
7-5. Include Lambert coordinates to the nearest five (5) seconds, or as required
by more stringent state regulations, if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
86. If applicable, dDisplay all interior permanent control monuments located
as determined by the city engineer's office. All interior monuments shall be installed prior
to the release of any bond.
9-7. Be mathematically correct.
109. Be accompanied by an approved printed computer plot closure er
on all lots, streets, alleys and boundaries.
widiin stieh deser-iption ties to all subdivision lines, denmien elaim lines anEVer r-eeer-ded
11. Contain a meets and bounds legal description on the face of the final plat
molar which reflects all ties to subdivision lines donation claim lines and/or recorded plat
lines. The plat shall be accompanied by a current plat certificate with the identical metes
70 Subdivision Code— Ch. 12.04 KCC
and bounds legal description of the land to be subdivided on both the title report and final
mar.
124.0. Be accompanied by a complete survey of the section 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 reestablished 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 ten €rve thousand (10,000) feet or as required by more
stringent state regulations.
13. List all conditions of approval for the short subdivision on the face of the
plat.
14. Conform to the Lapproved preliminga plat.
15. Be signed by the owner of the property on the face of each final plat mylar.
16. Include a notarized certificate of the owner, 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, and if the short subdivision is subject to deeding of property, the notarized
certificate shall be signedy all parties having any ownership interest in the lands
subdivided. 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 real
property.
C. In addition to other requirements as specified in this section, 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 properly dedicated.
71 Subdivision Code — Ch. 12.04 KCC
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 KCC
12.04.400 515 (D), deferred improvements.
5. The subdivider shall furnish the city a current plat certificate or title report
from a title insurance company, produced no more than fogy -five (45)days prior to final
plat application, that documents the ownership and title of all interested parties in the plat,
subdivision, or dedication and that lists all liens and encumbrances. The legal description
in the title report shall be identical to the meets and bounds legal description on the face
of the plat. The city reserves the right to require updates of the certificate or title report
at any time prior to the granting of the final piat by the eity oeuneil signing the final plat
by the short subdivision committee chairman.
6. Certification of approval to be signed by the King County assessoree
departinent that taxes have been paid in meer-danee with RGW 58.08.030 and 58.08.040
and that a deposit has been made with the King GeupAy finanee depaAment in suffieient
ameuiit topay the taxes r^,. the folio
7. Certification of approval to be signed by the King County recorderfinanee
dir-eeter- that there are no delinquepA speeial assessments and that all speeial assessmen
for- streets, alleys or- ether- publie uses o
8. CeAifieafien of approval to be signed b the eity eR&eer- and the planning
dir-eeter-.
9. Gei4ifieafien of approval to be signed by the mayer- and the eity elefl.&.
72 Subdivision Code — Ch. 12.04 KCC
84-0. Copies of any restrictive covenants as may be used in the short subdivision.
D. All short subdivision final plats shall be surveyed by a land surveyor licensed in
the state. All exterior corner and/or angle points shall be set with re -bar and cap. The
tie of street monuments used shall be in accordance with City of Kent standards and
shall be installed per those same standards. The licensed land surveyor's certification
must appear on final molar. Certificates of approval by the chairman of the short
subdivision committee, the King County assessor and the Kinky recorder must be
provided on the final mylar.
E. If any utility companies and/or utility districts have existing easements within the
proposed plat, the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to those of the City of Kent.
FD. The plamiing depaFftnepA shall distribtite the final shei4 plat to all depat4menis an
and-
other- Ree e.,t„ l ageneses deemed neeessary, The final short plat shall be submitted
to the planning department for review b try as to compliance with all terms of the
preliminary approval of the proposed subdivision or dedication; terms of bonding or the
completion of all improvements: and completeness and accuracy of survey data and
platting requirements.
E At its first ubl meeting following the date the final 1 ♦ 1' t' i b
� 1L aw first YLavuv 11avvLiiig lvl
efflria4y .,eeepte.l b y the «1.,,,,iing .aepaFt,,..ent the est. 1 shall t date for- publie
J YLvu vJ- Lnv �
hearing or- meeting to eensider- the fmal pla4. The fiRa4 plat shaN be appr-eved, disapprove
er- r-eWmed to the applieapA for- medifira4ion or- eeffeetien within 094y (30) day6 ef the
date of .. YYp eatiwn7 YY tmiess the applie + �ls
v
t t terl 1, f time period.
F. Before the final plat is submitted to the eity eetmeil, it SMI be signed by the eity
rirl.ain. Haar a
a planning three♦°. After- the
final .1,t ; appr-eved by the eity a ei�
it ,1.11
be signed by the mayor- d the eity eler-k
The final plat shall be filed .:tl., the Icing
County .,ud ter- by the est„
V V Lu1L
G if a final plat has not been submitted f d lbwithint, /6\ tf�
Y
approval by the eity eounFil, the plat shall expire and e null and void. TTo revitalize-th,
73 Subdivision Code - Ch. 12.04 KCC
G. The short subdivision final plat shall be si ied by the chairman of the short
subdivision committee when the plat is determined to be in compliance with all applicable
short subdivision platting requirements and before it is filed with King County
H. An approved short subdivision final plat shall be filed for record in the office of
the King County auditor and shall not be deemed approved until filed
A copy of the recorded short plats shall be filed with the planning department and
one set of the original molar shall be filed with the department of public works
Sec. 12.04.525. Short subdivision plat expiration If the short subdivision final
plat is not filed within one (1) year of the date of preliminM plat approval the short
subdivision plat shall be null and void Upon written request of the subdivider, the
planning department may grant one (1) extension of not more than one (1) year. Such
request must be received by the planning department prior to the one-year expiration date
Sec. 12.04.530. Limitations on further subdivision Any land subdivided under
the requirements for a type II short subdivision shall not be further divided fora period
of five (5) years without following the procedures for subdivisions
Sec. 12.04.535. Procedure for alteration of a type II short subdivision
A. If an applicant wishes to alter any type H short subdivision or any portion thereof,
except as provided in Section 12.04.540, that person shall submit an application to the
planning department requesting the alteration The application shall contain the signatures
of all persons having an ownership interest in lots tracts parcels sites or divisions within
the subdivision or in that portion of the subdivision to be altered
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision and the application for alteration would result in the
violation of a covenant the application shall contain an agreement signed by parties
74 Subdivision Code — Ch. 12.04 KCC
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
C. If the alteration is requested to a short subdivision prior to final plat approval and
signature, a minor alteration maybe approved with consent of the planning director and
the public works director. A major plat alteration shall require consent of the short
subdivision committee, after public notice and a public meeting is held. The planning
department shall provide notice of the application for a major plat alteration to all owners
of property within the subdivision, and as was required by the original short plat
application. The planning director shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration.
D. If the alteration is requested to a short subdivision after final plat approval and
signature, but prior to filing the final plat with King County, a plat alteration maybe
approved with consent of the short subdivision committee. Upon receipt of an application
for alteration, the planning department shall provide notice of the application to all owners
of property within the subdivision, and as was required by the original short plat
application. The notice shall establish a date for a public meeting.
E. If the alteration is requested to a short subdivision after filing the final plat with
King County, a minor plat alteration may be approved with consent of the short
subdivision committee. If the Planning Director determines that the proposed alteration
is a maior alteration, then the Planning Director may require replatting pursuant to this
Chapter 12.04. Upon receipt of an application for alteration the planning department
shall provide notice of the application to all owners of property within the subdivision
and as was required by the subdivision plat application. The notice shall establish a date
for a public meeting.
F. The short subdivision committee shall determine the public use and interest in the
proposed alteration and may deny or approve the application for alteration If any land
within the alteration is part of an assessment district any outstanding assessments shall
be equitably divided and levied against the remaining lots parcels or tracts or be levied
equitably on the lots resulting from the alteration. If any land within the alteration
75 Subdivision Code — Ch. 12.04 KCC
contains a dedication to the general use of persons residine within the subdivision. such
land may be altered and divided equitably between adjacent properties.
G. After approval of the alteration, the short subdivision committee shall order the
applicant to produce a revised drawing of the approved alteration of the short subdivision,
which after signature of the chair of the short subdivision committee, the final plat shall
be filed with the county auditor to become the lawful plat of the property.
H. This section shall not be construed as applying to the alteration or replattingof any
plat of state -granted tide or shore lands.
.See. 12.04.540. Penalties
A. Any pe f:...,, at; ,t; .., ,,, ,.f , 4,.�.
a x. x xax� Yviovix, zxxx , e , e c n, ,
eer-per-atien or asseeiation who vielates the previsions of this eede shall be guilt), ef-a
�$cnm for- e ei, el, . elatio fe ,1 t . ,1 thit4 «m
��v..•.�.�� i.,. va,v.x .. aavxx r'ivxu�xvxx, vi i"'
days, or beth sueh fine and
.
B. In addition to the penalty in subseefien (A) abeve fer- violation of "s ehaptef,-aff
per -son who > sells,
before sueh plat been appfeved by the eit�-, aa ftai eee
thee f ee e ft>,e King reun4 � and ter shall, et;e.. be subjeet to ,, fine ..et
,.... vxxxvv vx .uv iuub vv , ' ,
i
not te eyceeed thifty (30) days, or- beth sueh fine and ifiTr-isemnei-A. This prevision does
net-applJ a when the original subd . ide ell the entire par -eel c�v t ,7 bd '
rr
G. The King County p fe..e ting atte al may initiate tte vxyvux the tzx4v
,le, ag .ee efA, yr option L,..making a v. f ..
p eat;e« a et;e« i the , ..t
any vva.u, of WrrxE7eCVTL[jufisQiCi CSC71T
D. Whenever- 1 .i '4t,' b 1' t .a final 1 ,i
— . landwithin _._�__ � .: �.. __ . _.,_.,__ C ».�....� ���.,.......t.t.............. ,,auvu in w xxxauxxxvx vx
GO 1 � n
..h el l atccc e f state for- � p77Y'p^ e ozei� Y vvx tl bd 1!'��7I7 cn
i D
4ffe g G4 17.9 1 n OF J Y f this 1, t t di F 1 t
of this
76 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.540. Procedure for vacation of a type II short subdivision.
A. Whenever an applicant wishes to vacate a type II short subdivision or anyportion
thereof, that person shall file an application for vacation with the planning department.
The application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subject to vacation.
B. If the short subdivision is subject to restrictive covenants which were filed at the
time of the approval of the short subdivision, and the application for vacation would result
in the violation of a covenant, the application shall contain an agreement signed by all
parties subject to the covenants providing that the parties agree to terminate or alter the
relevant covenants to accomplish the purpose of the vacation of the short subdivision or
portion thereof.
C. When the vacation application is specifically for a city street or road the
procedures for street vacation in Ch. 6.09 KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within 200 feet of short subdivision boundaries and to all ap likable
agencies. The short subdivision committee shall conduct a public meeting if the requested
vacation does not involve a public dedication. The city council shall conduct a public
hearing on the application for a vacation if the request involves a public dedication The
application for vacation of the short subdivision may be approved or denied after the city
has determined the public use and interest to be served by the vacation of the short
subdivision. If any portion of the land contained in the short subdivision was dedicated
to the public for public use or benefit, such land if not deeded to the city, shall be deeded
77 Subdivision Code — Ch. 12.04 KCC
to the city unless the city council sets forth findings that the public use would not be
served in retaining title to those lands.
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public for public use
other than a road or street, and the city council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council When the road or street
that is to be vacated was contained wholly within the short subdivision and is part of the
boundary of the short subdivision title to the vacated road or street shall vest with the
owner or owners of property contained within the vacated subdivision
F. This section shall not be construed as applying to the vacation of any_plat of state -
granted tide or shore lands.
Sec. 12.04.545. Standards for the subdivision of land and any dedications.
A. It is the purpose of this subsection to provide for the protection of valuable
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area Goals are to preserve drainageatp terns
protect ground water supply, prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the city as a
whole, and to the subdivider in creating an attractive and quality environment Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
to the safety and general health of the future residents such as land adversely affected by
flooding bad drainage steep slopes rock formations Land which the city council
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions If any portion of the land
within the boundary of a preliminary plat or approved record of survey is subject to flood
or inundation, or is in a flood control zone accordingto o Chapter 86.16 RCW that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat Every reasonable effort shall be made to
78 Subdivision Code— Ch. I Z 04 KCC
preserve existing trees. Every effort shall be made to preserve existing streams, bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed only when going under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts, buffer strips may be provided. No plan for the
replatting, subdivision, or dedication of any areas shall be approved by the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
conform to any adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width, unless otherwise approved by the
engineering department. All proposed street names shall be approved by the city. Streets
intersecting with existing or proposed public highways, major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline.
2. Residential cul-de-sacs shall not exceed a length of six hundred (600) feet.
3. No street grades shall exceed fifteen (15) percent. Aar�ding permit shall
be required asear Appendix 70 of the Uniform Building Code as adopted in KCC
14.0 1.010 prior to any grading,
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for communily or major arterials one hundred fifty (150,) feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets
79 Subdivision Code— Ch. 12.04 KCC
5. Where a deflection angle of more than ten (10) degrees in the alignment
of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty
(60) feet or more in width, the centerline radius of curvature shall be not less than three
hundred (300) feet and on other streets it shall be not less than one hundred (100) feet.
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width. All street improvements shall be
of full -width improvement. Full -width improvement shall consist of the following:
a. All streets, roads, and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs and gutters
accordingto o cityspecifications.
d. All streets shall have storm drains consisting of the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminary plat. Whenever open ditch is allowed, no closed drains may be
installed except across an authorized driveway
e. All primary/major arterials, secondary arterials and collector streets
shall have sidewalks, with a minimum of five (5) feet width on at least one (1) side.
f. All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adjacent full-grown trees.
Streets which may be extended in the event of future adjacent
platting may be required to be dedicated to the boundary line. Extensions of greater depth
than an average lot shall be improved with temporary turnarounds. Dedication of a full -
width boundary street may be required in certain instances to facilitate future
development.
80 Subdivision Code — Ch. 12.04 KCC
h. Any planting strips in residential subdivisions shall be not less than
four (4) feet in width.
i. Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets as defined in the comprehensive plan
must be adhered to if full pavement is required:
Where full pavement is not required the rip-ht-of-wav widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven (11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five (5) foot potential sidewalk sections
If a subdivision is located in the area of an officially designed trail provisions may
be made for reservation of the right-of-way or for easements to the city for trail p oses
Sec. 12.04.550. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground. Those
utilities to be located in the1p anting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections as approved b the engineering department
Such installation shall be completed and approved prior to the application of any surface
material.
81 Subdivision Code — Ch. 12.04 KCC
Ri ht -o -
Pavement
way width
width
eet
eet
Major Arterial
80
60
Secondary Arterial
70
44
Collector
60
36
Local Street
60
32
Cul -de -Sac
50
28-32
Where full pavement is not required the rip-ht-of-wav widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven (11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five (5) foot potential sidewalk sections
If a subdivision is located in the area of an officially designed trail provisions may
be made for reservation of the right-of-way or for easements to the city for trail p oses
Sec. 12.04.550. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground. Those
utilities to be located in the1p anting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections as approved b the engineering department
Such installation shall be completed and approved prior to the application of any surface
material.
81 Subdivision Code — Ch. 12.04 KCC
B. Unless septic tanks are specifically approved by the city sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full -width roadway and required slopes The size
openings to be provided shall be determined by Talbot's formula but in no case shall be
less than twelve (12,) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined been 'nig and fire
department ordinances and requirements.
Sec. 12.04.555. Public use and service areas. Due consideration shall be given
by the subdivider to the allocation on adequately -sized areas for public service usage
Easements may be required for the maintenance and operation of utilities as specified by
the engineering department. Due regard shall be shown for all natural features such as
large trees, watercourses historical spots and similar community assets which if
preserved, will add attractiveness and value to the property.
approved,See. 12.04.560. Lot line adjustments.
A. The puTese of a let line adjustment is te aeeemmedate a miner- transfer- of !a
between adjaeen4 legally er-eated lets, te r-eratify a disputed pr-opefty line leeafien er- to
elafify e-mempt par -eel status per RPAI 58.17.040(6)-.
B. A eempleted let line adjtistment appheatien is filed with the plaming department.
The applieatien is r-eviewed by the plafming depai4ment staff, The adjustment is eit
medified or- denied by the dir-eetef or- designee. The approved let 1i
adjttstmea4 is r-eeer-ded by the appheant at King County depaFtment of assessments.
lime adjustment apphea4ions shall bsubmitted on feEms supplied b t i
i . Fouf (4) eepies of a legible map, drawn to seale on a minimum eight a
one half (8 1Q) ineh by eleven (11) ineh sheet ef paper- showing where appheable-
82 Subdivision Code — Ch. 12.04 KCC
83 Subdivision Code — Ch. 12.04 KCC
6-Adfucent
stxfeets
d. Type,
leeatien
and
dimensions
of
existing
and/or- pr-epesT
f
e. Existing
stmetidfes
and distanee
to pr-epeAy
lines;
F Toa
.
tn
e
footage
fi
of
tf
lots;
9. !'_.-e..,..1
flee..
square
footage of
all nt....etwen.
f
aa.
f
featwes affeeted by the
f
• Tn
ief
a.
ie„ o.�.e«tb.
f.
j. tien4ifieatie
7 The signa4we
of all
4 par-eels
xr-vx=Pict
pr-epeAy
�i7cz-fzvsv�
$wser-s-having
t A Let
U
iir4er-@sc-'in
ete .
. f
the
lot line
adjustment, '
'2 A signed of
.�. i a .�i�avu uaiacs
fida-.;t
i.�...
� .
f
w. e l
b.., the «le..-ting
direete.- attesting
to
,,.1 . e.«�. ag the a e..nb.i„
uaa.a .vaai�aaa� .aa�..,� n,
all e mbr-a ees a ., title
,,n
r -----
report
title
----=
.lee....-.e...tingowner-ship,
of
--
all interested
---- -----__�__...
......ties
___�
title
of tb.e
.__� ..
.1 enetmib
pe ft. .1
listing
4 • A eepy of
5. A metes and
plat4ed let.
G. Lot lifie-melts
the
betmds
existing
shall
aebua
desefiptien
be
ue`t'
of the
-eensistent —with
F beth
proposed
the
(idle,..;,-pr-ineiples
fiew
1
j
lots if et-her-
than-a
e
� Adjust let
.. . J »vv ay..
.vaaevt « ivNet4y aaae e Seth
aaaay.,
lines
eke
; el...ling
...va...uuab
seb.
the eliffl t'
�aav vaaaaaauuueemmem
t f
4
let 1'
order- t
2. Create better-
lot
desi—
f
f
f
„e.-ts,„;,,.s.b to let design, building
Y
1;
, ing
leente,f
”
n de 1
4 standards;
4. A-void er-eation
of em
additienal
let par-eel
and
tmett
83 Subdivision Code — Ch. 12.04 KCC
—
be
Y.
ex4ended.
adjustmePA shall
marked
ridenied,
,u the .uYuvant shall be notified in .ting of the
A lot line does beeeme
leeisio, swing the
it is
.County
adjustment not effeetive
assessor'sE.
until r-eeer-ded
aMM
eensfitute a tr-aiisfer- of title. Sepafate deeds to "s
Cetmty f
-0. N .........
with the K ing
Mg
approval date maybe if the let line
be
"de- »
de -
ex4ended.
adjustmePA shall
marked
ridenied,
,u the .uYuvant shall be notified in .ting of the
A lot line does beeeme
leeisio, swing the
it is
.County
adjustment not effeetive
assessor'sE.
until r-eeer-ded
with the Kiffg
eensfitute a tr-aiisfer- of title. Sepafate deeds to "s
Cetmty f
effeet must be r-eeer-ded
with the K ing
Sec. 12.04.460560. Blocks. Blocks shall not be less than three hundred (300) feet
nor more than one thousand five hundred (1,500) feet in length. Where circumstances
warrant, the hearing examiner may require one (1) or more public crosswalks of not less
than six (6) feet in width dedicated to the city to extend entirely across the width of the
block at locations deemed necessary. Such crosswalks shall be paved for their entire width
and length with a permanent surface and shall be adequately lighted. Blocks shall be wide
enough to allow two (2) tiers of lots, except where fronting on major streets or prevented
84 Subdivision Code- Ch. 12.04 KCC
by topographical conditions or size of the property, in which case the hearing examiner
may approve a single tier.
Sec. 12.04.565. Lots. Insofar as practical, side lot lines shall be at right anles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, share, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Corner lots ma b�quired to be platted with
additional width to allow for the additional side yard requirements. Lots which are
bordered by two 2) more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot corners at intersections of dedicated public rights-of-way shall
have a minimum radii of fifteen (15) feet.
Sec. 12.04.570. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling corner of the subdivision. Interior monuments shall be located as
determined by the engineering department. All surveys shall be of second degree accuracy_
The use of state plane coordinates is encouraged. All other lot corners shall be marked
with suitable metal or wood markers.
B. Street suns. The subdivider shall reimburse the city on the cost of the public
street name suns and installation necessary in the subdivision The subdivider at his cost
shall install street name signs on all private streets in the subdivision
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen (15) percent and in which PPY street
in the subdivision has grades greater than seven (7) percent at any point Additional
regulations shall be placed on hillside subdivisions in order to protect the unique
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
85 Subdivision Code — Ch. 12.04 KCC
regulations of KCC 12.04.545 through 12.04.570(A) and (B) which shall apply unless
specifically excepted:
1. Information concerning the soils, geology, drainage patterns, and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining
3. Streets may have a grade exceeding fifteen (15) percent and street widths
may be less than those required in KCC 12.04.545(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
Lots may be required to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
5. Any clearing or grading shall be accompanied by erosion control measures
as deemed necessary by the engineering department.
Sec. 12.04.575. Zero lot line type II short subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The following standards shall apply to zero lot line subdivision. In addition, the
regulation of KCC 12.04.545 through 12.04.570 shall apply unless specifically excepted:
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the city to require public rights-of-way to be
provided within the development. When the provision of such rights-of-way is necessarw,
the right-of-way width, paving width, and other standards shall be the same as would
otherwise be required. The perimeter buffering requirement shall be applied alongthese
hese
rights-of-way.
86 Subdivision Code — Ch. 12.04 KCC
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be provided along both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four (24) feet. The minimum paving width for
all residential access streets shall be twenty (20) feet. A four (4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking provided at the dwelling
2. Installation ofutilities. All utilities designed to serve the development shall
be placed underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
paved surfaces shall be installed, including all service connections, as approved by the
public works department. Such installation shall be completed and approved prior to the
application of any surface material. Easements ma b�quired for the maintenance and
operation of utilities as specified by the engineering department.
a. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage ystem shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full -width roadway and
required slopes. The size openings to be provided shall be determined by Talbot's
formula, but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
C. Water system. The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
87 Subdivision Code— Ch. 12.04 KCC
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.410580. Parks and open space requirements.
A. Approval of all subdivisions located in either single-family residential or
multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent
upon the subdivider's dedication of land or providing fees in lieu of dedication to the city,
as necessary to mitigate the adverse effects of development upon the existing park and
recreation service levels. This requirement shall not apply to lots of forty-three thousand
five hundred (43,500) square feet or larger in size, planned unit developments or
subdivisions of four (4) or less lots.
B. The following criteria shall serve as a basis for the department of parks and
recreation determination whether land proposed for dedication is of sufficient size,
character and quality:
1. The proposed area for dedication may be located either within or without
the subdivision for which it is required, but must either be adjacent to an existing or
proposed city park site or within the same park service area in which the subdivision is
located or within one (1) mile of the subdivision for which it is required.
2. The proposed area for dedication shall have characteristics and location
which make it suitable for future inclusion into the city parks system, as determined by
the director of parks and recreation.
3. With the approval of the planning department, the proposed area for
dedication or portion thereof may contain valuable or sensitive environmental features,
preservation of which is consistent with the city's comprehensive plan and/or parks and
recreation plan.
4. The proposed area for dedication shall, in the determination of the parks
director, further one (1) or more comprehensive plan policies dealing with the open space
88 Subdivision Code — Ch. 12.04 KCC
element, steep slopes as open space, wetlands as open space, agricultural lands as open
space, wildlife habitat as open space and heritage sites as open space.
5. All lots within the subdivision for which dedication is required shall have
legal and convenient access to the proposed area, at the time of final plat approval.
6. The area proposed by the subdivider for dedication must consist of an area
that is equal or greater in size than the size computed as necessary by the department of
parks and recreation using the formula described in subsection (C) of this section.
7. The area of proposed dedication shall have a street frontage equal to at
least twenty (20) percent of its perimeter to allow for regular observation of play areas by
residents of the subdivision. Alternative design measures that accomplish the same
purpose of security may be approved by the city.
8. The topography, soils, hydrography and other physical characteristics of
the area proposed for dedication shall be of such quality as to allow the development of
community or neighborhood parks, or to create a flat, dry, obstacle -free space on at least
fifty (50) percent of the total required area in a configuration which allows for active
recreation; shall have no known safety hazards; and shall have no known physical
problems such as the presence of hazardous waste, drainage, erosion, or flooding that the
director determines would cause inordinate demands upon public resources for
maintenance and operation of the property to be dedicated to the city.
9. If it is determined that the public interest would be served, the land may
be conveyed to a homeowners' nonprofit maintenance corporation. In this instance, the
subdivider shall, at or prior to the time of filing a final plat for approval, supply the
planning department with copies of the articles of incorporation and bylaws of the grantee
organization, together with evidence of the conveyance or of a binding commitment to
convey. The articles of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision that the corporation is
empowered to assess the land for costs of construction and maintenance of the
improvements and property owned by the corporation, and that the assessment shall be
a lien upon the land. The city attorney shall review and approve the articles of
89 Subdivision Code — Ch. 12.04 KCC
incorporation and bylaws as to compliance with this provision. The city council may
impose other conditions as it deems appropriate to assure that property and improvements
owned by the corporation will be adequately constructed and maintained.
C. Subdividers who dedicate open space or park land pursuant to this section shall
dedicate five (5) percent of the total property being subdivided. Unless a subdivider
dedicates land in accordance with this section in order to mitigate the direct impacts
identified as a consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from the
subdivider to the city. The fee in lieu of land dedication for parks and open space shall be
determined by multiplying the following two (2) factors:
1. One hundred fifty (150) percent of the average assessed value per unit area
of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five (5) percent
as set forth in subsection (C) above. The average assessed value shall be that for the year
in which the subdivision is granted preliminary plat approval. Computations shall be
based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and may
only be expended to fund a capital improvement that has been agreed upon by the parties
to mitigate the identified, direct impact of the development. The payment shall be
expended in all cases within five (5) years of collection.
D. When approval of a subdivision is conditioned upon the dedication of land or the
payment of any fees in lieu of dedication, a final plat or short plat shall not be recorded
until:
1. The director of parks and recreation has determined in writing that any land
to be dedicated is shown on the face of the final plat short subdivision final plat, or a
deed conveying the land to the city has been recorded with the King County department
of records and elections.
2. Conveyance of land to a homeowners' association shall be done within the
time frames specified in subsection (B)(9) above.
90 Subdivision Code — Ch. 12.04 KCC
3. The instrument conveying the land to the city has been transmitted to the
city council for acceptance of the dedication by ordinance.
4. Payment of any fees in lieu of dedication have been made to the city
finance department.
E. Any payment of fees made pursuant to this section that have not been expended
within five (5) years of collection shall be refunded with interest at the rate applied to
judgments to the property owners of record at the time of the refund. If the payment is not
expended within five (5) years due to delay attributable to the developer, the payment
shall be refunded without interest.
F. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant
to this section shall be governed by the provisions of Ch. 2.32 KCC.
Sec. 12.04.585. Design standards for industrial and commercial plats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
Right-oflway Pavement
width in feet width in feet
Industrial Arterial
90
60
Industrial Collector
80
44
Industrial Access
60
36
Commercial Streets
60
36
Alleys
20
The city maw require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic congestion.
91 Subdivision Code— Ch. 12.04 KCC
C. All industrial arterial (ninety_(90) foot right-of-way), industrial collectors (eighty
(80) foot right-of-way
), and commercial streets (sixty (60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
commercial access streets which are also through streets shall have sidewalks a minimum
of five 5) feet in width, on one (1) side.
D. All lot corners at intersections of dedicated public rights-of-way shall have a
minimum radii of twenty-five (25) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminM plat.
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width,
except where frontingon n major streets or prevented by topographical conditions or size
of the property, in which case the land use hearing examiner may approve a lesser width.
Blocks should not be greater than one thousand (1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size, shape
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created, they shall
conform to the following criteria:
Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Corner lots may be required to be platted wider than interior lots as
determined by the planning department.
III. Subdivisions
Sec. 12.04.600. Purpose of subdivisions. The procedures regulating subdivisions
are established to ensure quality development which promotes orderly and efficient
growth, the conservation and proper use of land, protects the public health safelL general
92 Subdivision Code — Ch. 12.04 KCC
welfare, and aesthetics of the city; makes adequate provisions for public facilities in
conformance with provisions set forth in KCC Title 15, Zoning, and the Kent
Comprehensive Plan; and complies with the provisions of this chapter and RCW 58.17.
Sec. 12.04.300605. Scope.
A. Any land being divided into ten (10) or more parcels, lots, tracts, sites, or
subdivision, any one (1) of which is less than twenty (20) acres in size; or
B. Aany land which has been previously divided under the short subdivision
procedures within the preceding five (5) years;; or
C. Aany land which is held in common ownership with a contiguous parcel divided
under the short subdivision procedures within the preceding five (5) years shall conform
to the procedures and requirements of section 12.04.34-0615 et seq.
Sec. 12.04.610. Preliminary consultation with staff. Any person who desires
to subdivide land in the city should consult with the planning department at an early date
on an informal basis in order to become familiar with the requirements of this chapter.
The department of public works should be consulted at this time for advice and assistance
in understanding the engineering requirements of this chapter and the construction
standards of the city.
Sec. 12.04.615. Application procedures. An application for a subdivision
consists of six (6) separate steps as follows:
1. Preparation of the tentative plat of the proposed subdivision and
submission of the tentative plat application to the planning department;
2. Review of the tentative subdivision plat by the city and convene a meeting
with the city resulting in the issuance of a tentative subdivision letter;
3. Preparation and submission of the preliminary plat of the proposed
subdivision to the land use hearing examiner for public hearing and decision;
93 Subdivision Code — Ch. 12.04 KCC
4. Installation or bondinia of improvements accordine to the approved
preliminaryplat requirements and satisfaction of all plat conditions;
5. Submission of the final plat to the city council for approval;
6. Recordation of the approved final plat in the office of the Kine County
department of records and elections.
Sec. 12.04.620. Subdivision in phases. In a phased subdivision, preliminary plat
approval must be granted for the entire subdivision and must delineate the separate
divisions which are to be developed in increments. The preliminary plat approval shall be
conditioned upon completion of the proposed phases in a particular sequence and may
specify a completion date for each phase. Final plat approval shall be granted for each
separate phase of the preliminary_ plat by the city council and any changes at the
preliminM plat stage would require hearing examiner approval.
Sec. 12.04.625. Tentative plat review.
A. Applications for a subdivision tentative plat meeting and review shall be filed with
the planning department. A tentative plat meeting and review shall be considered
equivalent to a pre -application meeting for the purposes of meetingthe he requirements of
KCC 12.01.080. The scale and information required for a tentative plat and number of
copies to be filed shall be in accordance with the requirements of the planning director.
B. The planning department shall transmit copies of the subdivision tentative plat to
the fire, development service, public works and parks departments public utility agencies
serving the area, and to any other department or agency deemed necessary_
C. A meeting on the subdivision tentative plat shall be held, which is attended by the
planning department, other city departments which receive copies of the tentative plat and
the subdivider. Any recommendations of the various departments for revision of the
tentative plat should be discussed at such meeting. These recommendations and potential
conditions of approval for the subdivision shall be recorded in writing and mailed to the
subdivider by the planning department.
94 Subdivision Code — Ch. 12.04 KCC
D. The recommendations of the citv departments shall be based on whether the
tentative plat is:
1. In conformance with the purpose and regulations of this chapter;
2. In conformance with fire safety regulations;
3. In conformance with City of Kent Construction Standards;
4. In conformance with building code regulations;
5. In conformance with the appropriate street standards and the circulation
pattern established or proposed for the area that the subdivision will be developed in;
6. In conformance with sewer, water and other utili!y plans for the area;
7. Not detrimental to its surroundings.
E If the subdivision tentative plat is recommended to proceed as presented or as
modified in accordance with the written suggestions made by the city the applicant shall
proceed to the preliminM plat stage. If not recommended to proceed, a preliminm plat
may still be submitted to the hearing examiner. However, it is likely that the same
objections and problems will arise at that stage.
F. If changes are made to a subdivision which has already received tentative plat
recommendations and potential conditions, the planning department shall compare the
subdivision tentative plat and the proposed preliminM plat and shall make a
determination whether the preliminary plat requires additional tentative plat review. A
new tentative plat review and meeting ma b�quired if the preliminm plat is not
substantially similar to the tentative plat reviewed by the city. The determination of the
necessity for another tentative plat meeting shall be based on the following considerations:
1. The degree of commonality between the two (2)plans (i.e., the preliminary
plat is a refinement of the tentative plat, or is a completely new plat for the same
property); and
2. The presence or absence of revisions present in the preliminary plat
resulting from concerns or recommendations raised at the tentative plat meeting_
95 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.38630. Preliminary plat application.
A. Application for a subdivision preliminary plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. at least t>1 A5, five (35) days p tthe hearing before re th
,� u „ .�
�.
at ..-hiet. ;t is to-tly e eensider-ed. TwelveqYyes of 4h preliminaryplat b. lz[l �vG
submitted, whie The preliminary plat shall be prepared by a land surveyor registered in
accordance with the requirements of RCW 18.43.010. Application fees, which are on file
in the city clerk's office and the planning department, shall be paid.
adequate to chew the leeatien ef the plat shallbe filed with the app 'eation and
subdivision preliminary plat-.
B. Unless an applicant for preliminga plat approval requests otherwise a preliminary
plat shall be processed simultaneously with applications for rezones variances planned
unit developments site plan approvals and similar quasi-judicial or administrative actions
to the extent that procedural requirements applicable to these actions permit simultaneous
processing,
CB. The subdivision preliminary plat shall include:
The subdivision name and number, the name and address of the owner, and
the name and address of the licensed land surveyor and the subdivision engineer;
2. The date of preparation, the true north point, a graphic scale and legal
description of the property to be subdivided and drawn to an appropriate
(decimal) scale;
The location of existing and proposed platted property lines, and existing
section lines, streets, buildings, water courses, railroads, bridges, and any recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands (4and-that abuts the proposed subdivision), to for a distance of one
hundred (100) feet from the edge of the subject property;
96 Subdivision Code — Ch. 12.04 KCC
4. Contours and/or elevations (at a minimum five-foot intervals) to the extent
necessary to accurately predict drainage characteristics of the property. Contour lines shall
be extended at least one hundred (100) feet beyond the boundaries of the proposed plat;
5. The names, locations, widths and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations and utilities;
6. How the proposed subdivision will be served by utilities and the location
of water and sewer lines.
76. Indieatiens The acreage of land to be subdivided; the number of lots;
the area of the smallest all lots and the approximate square footage and approximate
percent of total acreage in open space;
8-7. The approximate dimensions of each lot;
98. A statement of soil type, drainage conditions, present landscaping
including a description of any natural or manmade land cover, wildlife present and any
other environmental factors which may be prescribed by the planning department.
10. All existing structures and distances from any existing and proposed lot
lines within or abutting the subdivision within a distance of 50 feet
11. Monumentation of all exterior corners and streets and be surveyed by
land surveyor licensed in the state.
12. Provisions for sidewalks and other planning features that assure safe
walking conditions for students who walk to and from school users of public transit and
other pedestrians.
13. All of the information requested on the application form by the planning
director.
Sec. 12.04.635. Principles of acceptability. No subdivision shall be approved
unless the following_ principles of acceptability are met; the subdivision shall:
1. Create legal building sites which comply with all provisions of title 15
zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
97 Subdivision Code — Ch. 12.04 KCC
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood inundation or wetland conditions; slope soil stability and/or capabilities;
or the construction of protective improvements may be required as a condition of
approval;
4. If adjacent to another municipality or King County, take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as deemed necessary
6. Make adequate provision for the connectivity of streets, alleys, pedestrian
accesswUs and other public ways.
12.04.640. Determination of completeness. Within twenty-eight (28) calendar
days after receiving a subdivision preliminary1p at application, the planning department
shall mail or personally provide to the applicant a written determination of completeness
which states either that the application is complete or incomplete. If incomplete the letter
shall identify what information is required to make the application complete. The letter
shall also identify, to the extent known by the city, other agencies with jurisdiction over
the subdivision application. If the city determines that an application is not complete the
applicant shall have up to ninety (90) calendar days to submit the necessary information
to the city. If the applicant either refuses in writing to submit additional information or
does not submit the required information within the ninety (90) calendar day period the
application shall lapse because of a lack of information necessary to complete the review.
Within fourteen (14) calendar days after an applicant has submitted the requested
additional information, the cjjy shall again make the completeness determination and shall
notify the applicant in the same manner.
If the subdivision application is determined to be complete the planning
department shall accept the application and note the date of acceptance The time period
for review of the proposed subdivision begins following the determination of a complete
application and acceptance of the application by the city. If the city does not provide a
98 Subdivision Code — Ch. 12.04 KCC
written determination to the applicant that the application is incomplete the application
shall be deemed complete at the end of the twenty-eight (28) day completeness review
period.
12.04.645. Vesting. A proposed division of land shall be considered under the
requirements of this chapter and the zoning and other land use regulations in effect on the
land at the time that a subdivision preliminga plat application as defined in KCC Ch.
12.04, has been determined to be complete and has been accepted by the city of Kent
pursuant to KCC Chapter 12.04.640.
12.04.650. Notice of application. A notice of application shall be issued for
subdivision applications within fourteen (14) calendar days after the city has made a
determination of completeness, and at least fifteen (15) calendar days prior to the public
hearing. The tentative date of the public hearing shall be listed on the notice of
application and the notice of application shall be mailed, published and posted on the
same day, in the following manner:
1. The city shall publish the notice of application in a newspaper ofeg_neral
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing
4. One notice of application shall be done for alle�pplications related
to the same project at the time of the earliest complete project permit application
Sec. 12.04.340655. Referral of subdivision preliminary plat
departments. Upon determination of completeness of an application for a subdivision
the planning department shall distribute copies of the plat and the application materials
99 Subdivision Code — Ch. 12.04 KCC
for review and comment to all citv departments with iurisdiction over the subdivision
application and to any other department or agency deemed necessary. The application
materials shall be transmitted at least fifteen (15) calendar days prior to the public hearing.
p4li k
;
3. One (1) eepy te the health ageney.-
One oar P� the f ro . o A
�n ce et�r� ,
the subdivision is to be eenstmeted.
B Each—depaft A aspen., may file 0 endations with the planning
depaAment within ten (10) days of feeeipt of the subdivision pr-eliminafy plat er- if -a
subdivision preliminary plat meeting is ealled by the planning depaAmen4, they may
pr-esen4 their- r-eeemmefidatien at that time.
Sec. 12.04.660. Notification of agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over the
subdivision application. Such notice shall include the tentative date, time and location of
the public hearing and a description of theropertto o be platted. A copy of the plat and
the application materials shall be provided to agencies as deemed necessary or if requested
by the agency,
B. Notice of application for a preliminga plat of a proposed subdivision adjacent to
or within one (1) mile of the city boundaries or which contemplates the use of King
Countys or any other city's or town's utilities, shall be given to the appropriate county, city
or town authorities.
C. Notice of application for a preliminary plat of a proposed subdivision located
ad
jacent to the right-of-way of a state highway or within two (2) miles of the boundga of
a state or municipal airport shall be given to the Secretary of Transportation. The
100 Subdivision Code— Ch. 12.04 KCC
Secretary shall respond to the city within fifteen (15) dys of such notice as to the effect
that the proposed subdivision will have on the state highway or the state or municipal
airport. Such notice shall include the hour and location of the hearing a legal description
of the propertto platted and a location map.
Sec. 12.04.665. Public notice.
A. The applicant shall place at least one public notice board on the property to be
subdivided. The public notice board must be placed on the property as directed by the
planning department, and no later than fourteen (14) ays after a determination of
completeness. If the property to be subdivided is located adjacent to more than one public
street or has more than one potential access route one public notice board shall be placed
on the property adjacent to each public street or potential access route
B. The notice of the public hearing shall be mailed published and posted on the same
day, not less than ten (10) dasprior to the hearing
C. The city shall post the notice of public hearingon n the public notice board(s) on the
property.
D. The city shall publish the notice of public hearing in a newspaper ofeg neral
circulation within the city and in a newspaper of general circulation within the county.
E. The citv shall mail a notice of public hearing to the applicant any person who
submits written comments on an application and all owners of real property as shown by
the records of the county assessor's office within three hundred (300) feet of any portion
of the boundary of the proposed subdivision. If the owner of the real property proposed
to be subdivided also owns another parcel or parcels of real property which lie adjacent
to the real property proposed to be subdivided notice shall be mailed to all owners of real
property located within three hundred (300) feet of such adjacently owned parcels
Sec. 12.04.670. Public comment.
A. Affected agencies and the public shall have a fourteen (14) calendar day period to
comment on a notice of application. Ana encu is presumed to have no comments if
101 Subdivision Code — Ch. 12.04 KCC
comments are not received within the specified time period. The planning director may
grant an extension of time only if the application involves unusual circumstances. Any
extension shall not be granted for a period longer than three (3) additional calendar dates.
days. The public may make written response to the proposed subdivision application
within the comment period.
B. The fourteen (14) day public comment period begins on the date the notice of
application is mailed, posted and published. The planning department must receive all
public comments by 4:30 p.m. on the last day of the comment period. Comments may be
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The hearing examiner shall not take action on a subdivision application until
after the comment period hasap ssed.
Sec. 12.04.675. Agency recommendations. At the time of the preliminary
subdivision plat application, written recommendations for approval or disapproval must
be submitted from the health agencies responsible for approval of the proposed means of
sewage disposal and/or water supply regarding the general adequacy of the proposed
means of sewage disposal and/or water supply. The applicant is responsible for
submitting the appropriate application forms to the Seattle -King County health department
and for paying the health department review fee.
Sec. 12.04.360680. Public hearing
A. The hearing examiner shall hold an open record public hearing on any subdivision
preliminary plat
hearihe tiblie i.eaF shat be 1' ! within one hundred (100) calendar days of
ng VtiK111111V1 tJKV11V 11V K1•�
the planning department's determination of a complete application and acceptance of the
application in compliance with KCC 12.01.100.
102 Subdivision Code — Ch. 12.04 KCC
B. Neese--ef the public ,,ear-ifi . shall begiven in-meer-danee--with
2�40(H)(1).A record of the public hearing shall be kept by the city and shall be open
to public inspection.
Sec. 12.04.685. Approval criteria.
A. Aproposed subdivision and dedication shall not be approved unless the cily finds
that:
1. Appropriate provisions have been made for:
a. the public health, safety and general welfare of the community
b. protection of environmentally sensitive lands and habitat;
c. open spaces;
d. community parks and recreation;
e. neighborhood tot lots and plav areas:
f. schools and schoolgrounds;
& drainagewa
h. stormwater detention;
i. sidewalks, pedestrian pathways, and other planning features that
assure safe walking conditions for residents and students who walk to and from school
parks, transit stops and other neighborhood services;
1 connectivity of streets or roads, alleys, pedestrian accesswUs and
other public ways within and between subdivisions and neighborhoods,•
k. transit stops;
1. potable water supplies;
In. sanitary wastes;
n. other public utilities and services, as deemed necessary and
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the platting of such
subdivision and dedication.
103 Subdivision Code — Ch. 12.04 KCC
4. The city has considered the physical characteristics of a proposed
subdivision site and may deny a proposed plat because of flood inundation or wetland
conditions; slope, or soil stability and/or capabilities. Construction of protective
improvements may be required as a condition of approval and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body, provision of public improvements to serve
the subdivision, and/or the imposition of impact fees ma b�quired as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat. No dedication
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
damages to be procured from other property owners as a condition of approval for any
subdivision.
Sec. 12.04.690. Decision on Preliminary plat.
A. The hearing examiner may Approve, approve with modifications and conditions
or denthe gpplication for a subdivision.
B. The final decision of the hearing examiner shall be rendered within ten (10)
working days following the conclusion of all testimony and hearings unless a longer
period is mutually agreed to on the record by the applicant and the hearing examiner.
C. The city shall provide a written notice of decision by the hearing examiner. The
notice of decision shall be provided to the parties of record and to any person who
requested notice of the decision prior to the decision and shall include finding
conclusions, based on the record and approval criteria to support the decision
D. A party of record may make a written request for reconsideration of the decision
by the hearing examiner within five (5) working days of the date the decision is rendered
pursuant to the requirements of KCC 12.01.160(I) A request for reconsideration
temporarily suspends the appeal deadline. Reconsideration requests shall be answered in
writing by the hearing examiner within five (5) working days of the request If a request
for reconsideration is denied the appeal deadline of the hearing examiner's decision shall
104 Subdivision Code — Ch. 12.04 KCC
recommence for the remaining number of days. If a request for reconsideration is
accepted, the hearing examiner's decision is not final until after a decision on
reconsideration is issued.
Sec. 12.04.80695. City council closed record appeal. The decision of the
hearing examiner shall be final, unless an appeal is made by a party of record to the city
council within fourteen (14) calendar days following the issuance of the notice of decision
and in accordance with the requirements of KCC 12.01.190. The appeal shall be in writing
and shall be processed pursuant to Ch. 2.32 KCC. The appeal shall be heard by the city
council in a closed record appeal hearing. No new evidence may be presented. The
decision of the cily council shall represent final action of the city and is appealable onl
to superior court.
Sec. 12.04.700. Appeal to superior court. The decision of the city council is
final, unless appealed to the superior court. Such an appeal must be filed with the superior
court within twenty-one (21) calendar days from the date the decision was issued.
Sec. 12.04.3-90705. Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall lapse five (5) years from the date of
approval unless a final plat based on the preliminary plat, or any phase thereof, is
submitted within five (5) years from the date of subdivision preliminary plat approval.
One (1) one-year extension shall be granted to an applicant who files a written request
with the planning department at least thirty (30) calendar days before the
expiration of the five (5) year period, if the applicant can show that he has attempted in
good faith to submit the final plat within the five (5) year period.
B. Additional time extensions beyond the one (1) year period may be granted by the
planning director if the applicant can show unusual circumstances or situations which
make it impossible to file the final plat within the six (6) year period. The applicant must
file a written request with the eityeil and planning department for this additional time
105 Subdivision Code — Ch. 12.04 KCC
extension. The request must be filed at least thirty (30) calendar days prior to the
subdivision preliminary plat expiration date. The request must include documentation as
to the need for the additional time. Additional time extensions shall not be granted in fiet
greater than one-year increments.
C. In the case of a phased subdivision, final plat approval by the city council of any
phase of the subdivision preliminary plat will constitute an automatic one (1) year
extension for the filing of the next phase of the subdivision.
Sec. 12.04.710. Property annexed to city with preliminary plat approval from
Kinja County.
A. In instances where property annexed to the city has received subdivision
preliminary plat approval from King County prior to annexation, the planning department,
department of public works, fire department and building department shall review the plat.
City plan check review and inspections shall be subject to fees, which are on file in the
city clerk's office.
B. The density, lot size and dimensions, and the provisions made for open space,
drainage ways, streets, alleys, public ways, water, sanitary wastes, parks, playgrounds,
sites for schools and school grounds, and those conditions of approval imposed by King
County need not comply with the requirements of KCC Title 15, Zoning or the Kent
Construction Standards. These plats are to be developed in accordance with county
standards in effect at the time of vesting of the preliminM plat in the county.
C. The preliminary plat shall comply with the King County regulations pertaining to
expiration of the preliminM plat that were in effect on the date the application vested.
The date of approval will be that date on which King County4pproved the preliminary
plat.
D. The procedures for subdivision final plats shall be those county procedures and
regulations in effect at the time of vestingof f the preliminary plat application in the county.
106 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.715. Installation of improvements or bonding in lieu of
improvements.
A. The following tangibleprovements may be required before a subdivision final
plat is submitted:
1. Grading and paving of streets and alleys;
2. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm
sewers, street lights, water mains and street name signs, together with all appurtenances
thereto.
All improvements are to be made pursuant to specifications and standards of this
Code, approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision, inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
has been assessed in accordance with Ordinance No. 3490 as enacted or as subsequently
amended.
C. 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.
D. 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 posted for deferred improvements. 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
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 the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed b t�pplicant and shall specify that all of the deferred improvements
107 Subdivision Code — Ch. 1204 KCC
be completed within the time established by the engineeringdgpartment. If no time is
established, then the time period shall not be longer than one (1) year after approval of the
final plat by the city council. The bond shall be held b.. t� 'nig department's bond
and permit specialist. 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 of Kent and shall be in the same amount as the bond it is
substituting.
E. 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 chapter, the developer shall pay the city all costs
incidental to such litigation including reasonable attorney's fees. The applicant shall enter
into an agreement with the cijy requiring payment of such attorney's fees. The requirement
of the posting of any performance bond or other security shall be binding on the applicant
his heirs, successors and assigns.
F. The engineering department shall notify the planning department verifying that the
developer has completed the required installations and/or bonding in accordance with the
provisions of this chapter and the specifications and standards of the departments. The
planning department shall notify the developer advising him to proceed with preparation
of a final plat when the required improvements have been installed and approved or
adequate security has been posted as provided in subsection D of this section.
Sec. 12.04.720. Filing the subdivision final plat.
A. An application for a subdivision final plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. The final plat shall be prepared by a land surveyor registered in accordance
with the requirements of Chapter 18.43 RCW and shall conform to the preliminn plat
Application fees are on file in the city clerk's office and the planning department
B. The final subdivision plat submitted for filing shall be two (2)eproducible maps
drawn to a scale of not less than one (1) inch representing one hundred (100) feet unless
108 Subdivision Code — Ch. 12.04 KCC
otherwise approved by the department of engineering and on sheets eighteen (18)by
twenty-two (22) inches. The original drawing shall be in black ink on m l
photographic Mylar, and shall:
1. Include the date, title, name and location of the subdivision, graphic scale
and true north point.
2. Show the location of all existing fences and structures in relation to lot
lines within or abutting the subdivision;
3. Show the location of utilities, streets and easements within or abutting
subdivision;
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.
5. Contain data sufficient to 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.
6. Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in degrees, minutes and seconds.
Include Lambert coordinates to the nearest five (5) seconds or as required
by more stringent state regulations if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
8. Display all interior permanent control monuments located as determined
by the city engineer's office. All interior monuments shall be installed prior to the release
of any bond.
9. Be mathematically correct.
10. Be accompanied by an ap rp oved printed computer plot closure on all lots
streets, alleys and boundaries.
11. Contain a meets and bounds legal description on the face of the final plat
molar which reflects all ties to subdivision lines donation claim lines and/or recorded plat
109 Subdivision Code — Ch. 12.04 KCC
lines. The plat shall be accompanied by a current plat certificate with the identical metes
and bounds legal description of the land to be subdivided on both the title report and final
molar.
12. Be accompanied by a complete survey of the section 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 reestablished 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 ten thousand (10,000) feet or as required by more stringent
state regulations.
13. List all conditions of approval for the subdivision on the face of the plat.
14. Conform to the approved preliminM plat.
15. Be signed by the owner of the property on the face of each final plat molar.
16. Include a notarized certificate of the owner, contract purchaser, grantor of
a deed of trust, or other holder of beneficial title to the property being subdivided
indicating that the subdivision is made with free consent and in accordance with their
desires, and if the subdivision is subject to deeding of property, the notarized certificate
shall be signed by all parties having any ownership interest in the lands subdivided. 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 real property
C. In addition to other requirements as specified in this section, the final plat shall
contain or be accompanied by the following_
Certification showing that streets, rights-of-way and all sites for public use
have been properly dedicated.
110 Subdivision Code — Ch. 12.04 KCC
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 eering 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 KCC
12.04.715(D), deferred improvements.
5. The subdivider shall furnish the city a current plat certificate or title report
from a title insurance compM, produced no more than forty-five (45) calendar days prior
to final plat application, that documents the ownership and title of all interested parties in
the plat, subdivision, or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the meets and bounds legal description
on the face of the plat. The city reserves the right to require updates of the certificate or
title report at an time ime 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 RCW 58.08.030 and 58.08.040 and that a deposit has been made
with the King County finance department in sufficient amount to pay the taxes for the
following L
7. Certification of approval by the City of Kent finance director that there are
no delinquent special assessments and that all special assessments certified to the finance
director 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 signedv the mayor and the property
manager.
111 Subdivision Code — Ch. 12.04 KCC
10. Certification of approval to be signed by the King County assessor.
11. Certification of approval to be signed_ by the King County recorder.
12. Copies of any restrictive covenants as may be used in the subdivision.
D. All subdivision final plats shall be surveyed by a land surveyor licensed in the
state. All exterior corner and/or angle points shall be set with re-bar and cap The type
of street monuments used shall be in accordance with City of Kent standards and shall be
installed per those same standards. The licensed land surveyor's certification must appear
on the final molar. Certificates of approval by the mayor, planning director, city engineer,
property manager, finance director, the King County assessor and the King Count
recorder must be provided on the final molar.
E. If any utility companies and/or utility districts have existing easements within the
proposed plat, the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to the City of Kent.
F. The final plat shall be submitted to the planning department for review by the city
as to compliance with all terms of the preliminary approval of the proposed subdivision
or dedication; terms of bonding or the completion of all improvements; and completeness
and accuracy of survey data and platting requirements The planning department shall
distribute the final plat to all departments and agencies receiving the preliminarylap t and
to any other departments, utility agencies and other governmental agencies as is deemed
necessary.
G. After the final plat application has been determined to be complete and all of the
plat conditions have been met, the plat will be officially accepted and the planning
department shall set a date for a public meeting for the city council to consider the final
plat.
H. 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, the property manager and the finance director. The final plat shall
be filed with the King County auditor by the city.
112 Subdivision Code— Ch. 12.04 KCC
I. A copy of the recorded plat shall be filed with the planning department and one
set of the original p lar shall be filed with the department of public works.
Sec. 12.04.725. Decision on subdivision final plat. The city council shall
approve, disapprove or return the final plat to the applicant for modification and/or
correction within thirty (30) days of the date of the city's determination of completeness
and acceptance of the final plat application, unless the applicant consents to an extension
of such time period.
Sec. 12.04.730. Subdivision final plat expiration. If a final plat has not been
submitted for recording within six (6) months after approval by the city council, the plat
shall expire and be null and void. To revitalize the expired plat, the plat shall be
resubmitted as a preliminn plat. One (1) extension of no longer than six (6) months may
be granted by the city council.
Sec. 12.04.735. Procedure for alteration of a subdivision.
A. If an applicant wishes to alter a subdivision or any portion thereof, except as
provided in Section 12.04.740, that person shall submit an application to the planning
department requesting the alteration. The application shall contain the signatures of all
persons having an ownership interest in lots tractsparcels, sites or divisions within the
subdivision or in that portion of the subdivision to be altered.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision, and the application for alteration would result in the
violation of a covenant, the application shall contain an agreement signedy all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
C. If the alteration is requested to a subdivision prior to final plat approval, a minor
alteration may be approved with consent of the planning director and the public works
director. A major plat alteration shall require consent of the hearing examiner, after
113 Subdivision Code— Ch. 12.04 KCC
public notice and a public hearing is held. The planning department shall provide notice
of the application for a major plat alteration to all owners of property within the
subdivision, and as was required by the subdivision application The planning director
shall have the authority to determine whether the proposed alteration constitutes a minor
or major alteration.
D. If the alteration is requested to a subdivision after fmal plat approval but prior to
filing the final plat with King County, a plat alteration may by e approved with consent of
the city council. Upon receipt of an application for alteration, the planning department
shall provide notice of the application to all owners of property within the subdivision
and as was required by the subdivision plat application. The notice shall establish a date
for a public meeting.
E. If the alteration is requested to a subdivision after filing the final plat with King
County, a minor plat alteration may be approved with consent of the city council If the
Planning Director determines that the proposed alteration is a major alteration then the
Planning Director may require replatting pursuant to this Chapter 12.04. Upon receipt of
an application for alteration the planning department shall provide notice of the
application to all owners of property within the subdivision and as was required by the
subdivision plat application. The notice shall establish a date for a public meeting
F. The citv shall determine the public use and interest in the proposed alteration and
may deny or approve the application for alteration. If any land within the alteration is part
of an assessment district, any outstanding assessments shall be equitably divided and
levied against the remaining lots parcels or tracts or be levied equitably on the lots
resulting from the alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision such land may be altered and
divided equitably between adjacent properties.
G. After approval of the alteration, the city shall order the applicant to produce a
revised drawing of the approved alteration of the subdivision The final plat shall
accurately reflect the approved alteration and shall be filed with the county auditor to
become the lawful plat of the property, after receiving final1p at approval
114 Subdivision Code— Ch. 12.04 KCC
G. This section shall not be construed as applying to the alteration or replattin off any
plat of state -granted tide or shore lands.
Sec. 12.04.740. Procedure for vacation of a subdivision.
A. Whenever an applicant wishes to vacate a subdivision or any portion thereof, that
person shall file an application for vacation with the planning department. The
application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subject to vacation.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision, and the application for vacation would result in the
violation of a covenant, the application shall contain an agreement signed by all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Ch. 6.09, KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads, the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within three hundred (300) feet of subdivision boundaries and to all
applicable agencies. The hearing examiner shall conduct a public hearing if the requested
vacation does not involve a public dedication. The city council shall conduct a public
hearing on the application for a vacation if the request involves apublic dedication. The
application for vacation of the subdivision may be approved or denied after the cily has
determined the public use and interest to be served by the vacation of the subdivision. If
M portion of the land contained in the subdivision was dedicated to the public for public
use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the
city council sets forth findings that the public use would not be served in retainingtitle tle to
those lands.
115 Subdivision Code— Ch. 12.04 KCC
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public, for public use
other than a road or street, and the city council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council. When the road or street
that is to be vacated was contained wholly within the subdivision and is part of the
boundary of the subdivision, title to the vacated road or street shall vest with the owner
or owners of property contained within the vacated subdivision.
F. This section shall not be construed as applying to the vacation of M Plat of state -
granted tide or shore lands.
Sec. 12.04.745. Standards for the subdivision of land and any dedications.
A. It is the purpose of this subsection to provide for the protection of valuable,
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area. Goals are to preserve drainage patterns
protect ground water supply, prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the cites
whole, and to the subdivider in creating an attractive and quality environment. Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
to the safety and general health of the future residents such as land adversely affected by
flooding, bad drainage, steep slopes, rock formations. Land which the city council
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions. If any portion of the land
within the boundary of a preliminary plat or approved record of surveyis s subject to flood
or inundation, or is in a flood control zone according to Chapter 86.16 RCW that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat. Every reasonable effort shall be made to
preserve existing trees. Every effort shall be made to preserve existing streams bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
116 Subdivision Code— Ch. 12.04 KCC
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed onlygoing under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts, buffer strips may be provided. No plan for the
replatting, subdivision, or dedication of anv areas shall be approved b the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
conform to anv adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width, unless otherwise approved by the
engineering eering department. All proposed street names shall be approved by the cily. Streets
intersecting with existing or proposed public highways, major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline.
2. Residential cul-de-sacs shall not exceed a length of six hundred (600,) feet.
3. No street grades shall exceed fifteen (15) percent. A grading permit shall
be required as per Appendix 70 of the Uniform Building Code as adopted in KCC
14.01.010 prior to any grading.
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for community or major arterials, one hundred fifty (150 feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets.
5. Where a deflection angle of more than ten (10) degrees in the alignment
of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty
117 Subdivision Code— Ch. 12.04 KCC
(60) feet or more in width, the centerline radius of curvature shall be not less than three
hundred (300) feet and on other streets it shall be not less than one hundred (100) feet.
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width. All street improvements shall be
of full -width improvement. Full -width improvement shall consist of the following;
a. All streets, roads, and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs andug tters
accordingto o city specifications.
d. All streets shall have storm drains consistingof f the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminga plat. Whenever open ditch is allowed, no closed drains may be
installed except across an authorized driveway_
L. All primary/major arterials, secondary arterials and collector streets
shall have sidewalks, with a minimum of five (5) feet width on at least one (1) side.
f. All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adjacent full-grown trees.
l Streets which may be extended in the event of future adjacent
platting ma be required to be dedicated to the boundary line Extensions of greater depth
than an average lot shall be improved with temporary turnarounds. Dedication of a full -
width boundary street may be required in certain instances to facilitate future
development.
h. &y planting strips in residential subdivisions shall be not less than
four (4) feet in width.
118 Subdivision Code— Ch. 12.04 KCC
Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets, as defined in the comprehensive plan
must be adhered to if full pavement is required:
Ri ht -o - Pavement
way width width
Leet 6 Lee jt
Major Arterial 80 60
Secondary Arterial 70 44
Collector 60 36
Local Street 60 32
Cul -de -Sac 50 28-32
Where full pavement is not required the right-of-wav widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven 11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five (5) foot potential sidewalk sections.
If a subdivision is located in the area of an officially designed trail, provisions may
be made for reservation of the right—of—way or for easements to the city for trail purposes.
Sec. 12.04.750. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground Those
utilities to be located in the planting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections as approved by the engineering department
Such installation shall be completed and ap rp oved prior to the application of any surface
material.
B. Unless septic tanks are specifically approved by the city, sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards
119 Subdivision Code— Ch. 12.04 KCC
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full -width roadwgy and required slopes. The size
openings to o be provided shall be determined by Talbot's formula, but in no case shall be
less than twelve (12) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering and fire
department ordinances and requirements.
Sec. 12.04.755. Public use and service areas. Due consideration shall be given
by the subdivider to the allocation on adequately -sized areas for public service usage.
Easements may be required for the maintenance and operation of utilities as specified by
the engineering department. Due regard shall be shown for all natural features such as
large trees, watercourses, historical spots and similar community assets which, if
preserved, will add attractiveness and value to the property.
Sec. 12.04.760. Blocks. Blocks shall not be less than three hundred (300) feet no
more than one thousand five hundred (1,500) feet in length. Where circumstances warrant,
the hearing examiner may require one 1) or more public crosswalks of not less than six
(6) feet in width dedicated to the city to extend entirely across the width of the block at
locations deemed necessary. Such crosswalks shall be paved for their entire width and
length with a permanent surface and shall be adequately lighted. Blocks shall be wide
enough to allow two (2) tiers of lots, except where fronting on major streets or prevented
by topographical conditions or size of the property, in which case the hearing examiner
mgy gpprove a single tier.
Sec. 12.04.765. Lots. Insofar as practical, side lot lines shall be at right angles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, shape, and orientation of lots shall meet the minimum area and width
120 Subdivision Code — Ch. 12.04 KCC
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Corner lots may be required to be platted with
additional width to allow for the additional side yard quirements. Lots which are
bordered by two (2) more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot corners at intersections of dedicated public rights—of—waww
have a minimum radii of fifteen 05) feet.
Sec. 12.04.770. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling corner of the subdivision. Interior monuments shall be located as
determined by the engineering ig department. All surveys shall be of second degree accuracy.
The use of state plane coordinates is encouraged. All other lot corners shall be marked
with suitable metal or wood markers.
B. Street signs. The subdivider shall reimburse the city on the cost of the public
street name signs and installation necessary in the subdivision. The subdivider at his cost
shall install street name signs on all private streets in the subdivision.
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen (15) percent and in which an stree
in the subdivision has grades greater than seven (7) percent at any point. Additional
regulations shall be placed on hillside subdivisions in order to protect the unique
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
regulations of KCC 12.04.745 through 12.04.770(A) and (B) which shall apply unless
specifically excepted:
1. Information concerning the soils, geology, drainage patterns, and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for py proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours compaction and retaining walls.
121 Subdivision Code — Ch. 12.04 KCC
3. Streets may have a grade exceeding fifteen (15) percent and street widths
may be less than those required in KCC 12.04.745(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
4. Lots ma b�quired to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
5. Any clearing _or grading shall be accompanied by erosion control measures
as deemed necessary by the enRineerine department.
Sec. 12.04.775. Zero lot line subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The regulation of KCC 12.04.745 through 12.04.770 shall apply unless specifically
excepted. In addition, the following standards shall apply to zero lot line subdivision:
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the citv to reauire public riv-hts-of-wav to be
provided within the development. When the provision of such rits-of-wqy is necessarL
the right—of—way width, paving width, and other standards shall be the same as would
otherwise be reauired. The perimeter bufferins reauirement shall be anolied along these
rights-of-way.
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be provided along both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four 24) feet. The minimum paving width for
all residential access streets shall be twenty (20) feet. A four (4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
122 Subdivision Code— Ch. I Z 04 KCC
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking_ provided at the dwelling_
2. Installation of utilities. All utilities designed to serve the development shall
be placed underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
paved surfaces shall be installed, including all service connections, as approved by the
public works department. Such installation shall be completed and approved prior to the
application of any surface material. Easements may be required for the maintenance and
operation of utilities as specified b tengineering department.
a. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage system shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full -width roadway and
required slopes. The size openings to be provided shall be determined by Talbot's
formula, but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
C. Water system. The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.780. Parks and open space requirements.
A. Approval of all subdivisions located in either single-family residential or
multifamily residential zones as defined in KCC Title 15, Zoning shall be contingent
Won the subdivider's dedication of land or providing fees in lieu of dedication to the city,
123 Subdivision Code — Ch. 12.04 KCC
as necessary to mitigate the adverse effects of development upon the existing park and
recreation service levels. This requirement shall not apply to lots of forty-three thousand
five hundred (43,500)square feet or larger in size, Manned unit developments or
subdivisions of four (4) or less lots.
B. The following criteria shall serve as a basis for the department of parks and
recreation determination whether land proposed for dedication is of sufficient size,
character and quality
1. The proposed area for dedication may be located either within or without
the subdivision for which it is required, but must either be adjacent to an existing or
proposed city park site or within the same park service area in which the subdivision is
located or within one (1) mile of the subdivision for which it is required.
2. The proposed area for dedication shall have characteristics and location
which make it suitable for future inclusion into the city parks system, as determined by
the director of parks and recreation.
3. With the approval of the planning department, the proposed area for
dedication or portion thereof may contain valuable or sensitive environmental features,
preservation of which is consistent with the city's prehensive plan and/or parks and
recreation plan.
4. The proposed area for dedication shall, in the determination of the parks
director, further one (1) or more comprehensive plan policies dealing with the open space
element, steep slopes as open space, wetlands as open space agricultural lands as open
space, wildlife habitat as open space and heritage sites as open space.
5. All lots within the subdivision for which dedication is required shall have
legal and convenient access to the proposed area at the time of final plat approval
6. The area proposed by the subdivider for dedication must consist of an area
that is equal or greater in size than the size computed as necessary t�partment of
parks and recreation using the formula described in subsection (C) of this section.
7. The area of proposed dedication shall have a street frontage equal to at
least twenty (20) percent of its perimeter to allow for regular observation of play areas by
124 Subdivision Code — Ch. 12.04 KCC
residents of the subdivision. Alternative design measures that accomplish the same
purpose of security may be approved by the city.
8. The topography, soils, hydrography and other physical characteristics of
the area proposed for dedication shall be of such quality as to allow the development of
communily or neighborhood parks, or to create a flat, dry, obstacle -free space on at least
fifty 50percent of the total required area in a configuration which allows for active
recreation; shall have no known safety hazards; and shall have no known physical
problems such as the presence of hazardous waste, drainage, erosion, or flooding that the
director determines would cause inordinate demands upon public resources for
maintenance and operation of the property to be dedicated to the city.
9. If it is determined that the public interest would be served, the land may
be conveyed to a homeowners' nonprofit maintenance corporation. In this instance the
subdivider shall, at or prior to the time of filing a final plat for approval, supply the
planning department with copies of the articles of incorporation and bylaws of the grantee
organization, together with evidence of the conveyance or of a binding commitment to
convey. The articles of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision that the corporation is
empowered to assess the land for costs of construction and maintenance of the
improvements and property owned by the corporation and that the assessment shall be
a lien upon the land. The city attorney shall review and approve the articles of
incorporation and bylaws as to compliance with this provision. The city council may
rose other conditions as it deems appropriate to assure that property and improvements
owned by the corporation will be adequately constructed and maintained
C. Subdividers who dedicate open space or park land pursuant to this section shall
dedicate five (5) percent of the total property being subdivided Unless a subdivider
dedicates land in accordance with this section in order to mitigate the direct impacts
identified as a consequence of the proposed development the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from the
125 Subdivision Code — Ch. 12.04 KCC
subdivider to the city. The fee in lieu of land dedication for parks and open space shall be
determined by multiplying the following two (2) factors:
1. One hundred fi$y (150) percent of the average assessed value per unit area
of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five 5) percent
as set forth in subsection (C) above. The average assessed value shall be that for the year
in which the subdivision is granted preliminarylap t approval. Computations shall be
based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and may
only be expended to fund a capital improvement that has been agreed upon by the parties
to mitigate the identified, direct impact of the development. The payment shall be
expended in all cases within five (5) years of collection.
D. When approval of a subdivision is conditioned upon the dedication of land or the
payment of any fees in lieu of dedication, a final plat or short plat shall not be recorded
until:
1. The director of parks and recreation has determined in writing that any land
to be dedicated is shown on the face of the final plat or a deed conveying the land to the
city has been recorded with the King County department of records and elections.
2. Conveyance of land to a homeowners' association shall be done within the
time frames specified in subsection (B)(9) above.
3. The instrument convening the land to the city has been transmitted to the
city council for acceptance of the dedication by ordinance.
4. Payment of any fees in lieu of dedication have been made to the city
finance department.
E. Any payment of fees made pursuant to this section that have not been expended
within five (5) years of collection shall be refunded with interest at the rate applied to
judgments to the property owners of record at the time of the refund If the payment is not
expended within five (5) years due to delay attributable to the developer, the payment
shall be refunded without interest.
126 Subdivision Code — Ch. 12.04 KCC
F. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant
to this section shall be governed by the provisions of Ch. 2.32 KCC.
Sec. 12.04.785. Design standards for industrial and commercial plats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
Right-of-way Pavement
width in,feet width in feet
Industrial Arterial
90
60
Industrial Collector
80
44
Industrial Access
60
36
Commercial Streets
60
36
Alleys
20
--
The
The city may require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic coneestion.
C. All industrial arterial (ninety (90) foot right-of-way industrial collectors (eighty
(80) foot right-of-way
), and commercial streets (sixty (60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
commercial access streets which are also through streets shall have sidewalks a minimum
of five (5) feet in width, on one (1) side.
D. All lot corners at intersections of dedicated public rights-of-way shall have a
minimum radii of twen -five (25,) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminary plat.
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width
127 Subdivision Code — Ch. 12.04 KCC
except where fronting on major streets or prevented by topographical conditions or size
of the property, in which case the land use hearing examiner may approve a lesser width.
Blocks should not be greater than one thousand (1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size shape
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created they
conform to the following criteria:
1. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Corner lots may be required to be platted wider than interior lots as
determined by the planning department.
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NO
R -11117 -ml WIN
128 Subdivision Code — Ch. 12.04 KCC
IV. Lot Line Adjustments
Sec. 12.04.900. Purpose of lot line adjustments. The purpose of a lot line
adjustment is to allow for the adjustment of common property lines or boundaries between
adjacent lots, tracts or parcels in order to rectify a disputed property line location free the
boundary from any differences or discrepancies or accommodate a minor transfer of land
The resulting adjustment shall not create any additional lots tracts or parcels and all
reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to meet
minimum requirements for zoning and building purposes
Sec. 12.04.905. Scope. A lot line adjustment shall allow property owners to alter,
eliminate or relocate lot lines to correct setback encroachments improve access correlate
property lines with survey or map lines or to create better lot design while conforming to
all applicable code requirements pertaining to lot design building location and
development standards. A lot line adjustment shall not allow the creation of an additional
lot parcel or tract.
Sec. 12.04.910. Preliminary consultation with staff. Any person who desires
to change the location of a lot line on land in the city should consult with the planning
department at an early date on an informal basis in order to become familiar with the
requirements of this chapter. The public works department and development services
division should also be consulted at this time for advice and assistance in understanding
the impact of relocating the lot line in relation to structures and easements and any
applicable engineering requirements of this chapter.
129 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.915. Application procedures. Lot line adiustment applications shall
be submitted on the forms supplied and in the number of copies prescribed by the
planning department, and shall include the following_
1. A legible le map, drawn to an appropriate decimal scale on a minimum eight -
and -one-half (81/2) inch by eleven (11) inch sheet of paper showing all of the information
required by the application form.
2. The signature of all parties having any ownership interest in the lands
affected by the lot line adjustment, indicating that the lot line adjustment is made with free
consent and in accordance with their desires 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 real property.
3. A current title report produced no more than forty-five (45) calendar days
prior to lot line adjustment application or other documentation as approved by the
planning director, which documents ownership title and encumbrances-,
4. A copy of the existing legal description for both parcels;
5. A metes and bounds description of the proposed new lots if other than a
platted lot.
Sec. 12.04.920. Principles of acceptability. Lot line adjustments shall be
consistent with the following_ principles of acceptability
1. Adiust lot lines to eliminate a common lot line between parcels in the same
ownership to relocate a lot line to rectify a property line dispute correct property line or
setback encroachments, or correlate with more accurate survey data; and to allow a minor
transfer of land between adjacent parcels,•
2. Create better lot design, or improve access;
3. Conform to applicable zoning subdivision and other code requirements
pertaining to lot design building location and development standards;
130 Subdivision Code— Ch. 12.04 KCC
4. Avoid creation of an additional lot parcel or tract;
5. Lots created or combined for tax purposes do not constitute a legal lot of
record.
Sec. 12.04.925. Determination of completeness. Within five (5) calendar days
of receipt of a lot line adjustment, the planning department shall review all of the
materials submitted and determine whether the application is complete or incomplete If
incomplete the planning department shall send the applicant a letter identifying what
information is required to make the application complete. If the city determines that an
application is not complete the applicant shall have up to ninety (90) calendar days to
submit the necessary information to the city. If the applicant either refuses in writing to
submit additional information or does not submit the required information within the
ninely 90) calendar day period the application shall lapse because of a lack of
information necessary to complete the review. Within five (5) calendar days after an
applicant has submitted the requested additional information the city shall again make the
completeness determination and shall notify the applicant in the same manner. If the lot
line adjustment application is determined to be complete the planning department shall
accept the application and note the date of acceptance. The time period for review of the
lot line adjustment begins following the determination of a complete application and
acceptance of the application by the city.
Sec. 12.04.930. Vesting. A proposed relocation of a lot boundary line shall be
considered under the requirements of this chapter and the zoning and other land use
regulations in effect on the land at the time that an application for a lot line adjustment as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the City of Kent, pursuant to KCC Section 12.04.925
131 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.935. Referral of application.
A. Within five (5) calendar days of accepting a complete application, the planning
department shall distribute copies of the lot line adjustment map and the application
materials for review and comment to city departments with jurisdiction over the lot line
adjustment application. The distribution notice shall state the dates of the comment
period and deadline for submission of comments to the planning department.
B. A copy of the lot line adjustment map and the application materials shall be
provided to affected agencies as deemed necessary or if requested by theagency.
C. City departments and affected agencies shall submit comments on the proposed
lot line adjustment to the planning department within ten (10) calendar days of
distribution. The department or agency is presumed to have no comments if comments
are not received within the specified time period.
Sec. 12.04.940. Approval criteria.
A. A proposed lot line adjustment shall not be approved unless the city finds that:
1. Appropriate provisions have been made for:
a. setbacks from existing buildings to proposed new property lines;
b. existing and proposed utilities and utility easements;
C. existing and proposed access to the parcels, adjacent streets and
access easements;
d. lot dimension and area conformingty code requirements;
e. location of on-site parking, landscaping and other significant site
features affected by the proposed new property lines;
f. the public health, safety and general welfare of the community;
protection of environmentally sensitive lands and habitat;
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the adjustment of such
roperty lines.
132 Subdivision Code — Ch. 12.04 KCC
4. The lot line adjustment is consistent with the principles of acceptability_ per
Section 12.04.920.
Sec. 12.04.945. Decision on lot line adjustments.
A. The planning department will review and approve the posed lot line adjustment
after receiving a completed application and providing an opportunity for comment from
other city departments and affected agencies The planning director may approve approve
with modifications, or deny the application for a lot line adjustment If approved all copies
of the lot line adjustment maps shall be stamped "approved" and signed and dated by the
planning director. The applicant shall be notified in writing of the decision Additional
copies of the approval notification and map shall be distributed to the King County
assessor's office and to the cily property management department
B. If modifications are deemed necessary by the planning director, they may be added
to the original lot line adjustment map or a revised map mate required The applicant
will be notified of the requirements for any such modification action If a modification of
the original lot line adjustment map legal description or other information is necessary,
the projected approval date may be extended.
C. If denied, the lot line adjustment shall be marked "denied" and the applicant shall
be notified in writing of the decision stating the reasons
Sec. 12.04.950. Appeal of decision on lot line adjustments The decision of the
planning director shall be final unless an appeal is made by a party of record to the
hearing examiner within fourteen (14) calendar days after the written decision The appeal
shall be in writing and shall be processed pursuant to Ch 2.32 KCC The decision of the
hearing examiner shall represent final action of the city and is appealable only to superior
court.
133 Subdivision Code — Ch. 12.04 KCC
Sec. 12.04.955. Anneal to superior court. The decision of the hearing examiner
is final, unless appealed to the superior courtSuch an appeal must be filed with the
superior court within twenty-one (21) calendar days from the date the decision was issued
Sec. 12.04.960. Recording lot line adjustments. A lot line adiustment does not
become effective until it and the gpl2ropriate deeds are is recorded with the King Count
assessor's office. The city shall submit the approved map and new legal descriptions to
King County for recording. The city shall return a copy of the recorded documents to the
applicant. The recording of a lot line adjustment does not constitute a transfer of title If
the title to an area of land is changing ownership separate deeds to this effect must be
recorded with the King County assessor's office
SECTION 4. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
SECTION S. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
ATTEST:
BRENDA JACOBE �,C TY CLERK
134 Subdivision Code — Ch. 12.04 KCC
APPROVED AS TO FORM:
RO ER LUBOVICH, CITY ATTO
PASSED: 16 day of , 2000.
APPROVED: day of , 2000.
PUBLISHED: /9 day of 12000.
I hereby certify that this is a true copy of Ordinance No. 3S 1 1 passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P \Civil\Ordmance\SubdrvjslonRevision doc
ce WL)
BRENDA JAC B , CITY CLERK
135 Subdivision Code — Ch. 12.04 KCC